USA > New York > Ulster County > Kingston > The Dutch records of Kingston, Ulser County, New York (Esopus, Wildwyck, Swanenburgh, Kingston) 1658-1684 > Part 15
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Mrs. de Laet, above mentioned, and Cornelis Barentsen Slecht, request the Honorable Court, as arbiters and good men, to give a decision to their mutual satisfaction, in the foregoing matter of the rent for the last year of the lease. Whereupon the aforesaid Honorable Court, as chosen arbiters, have decided, and it is mutual-
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ly agreed by the parties, that Cornelis Barentse Slecht shall pay Mrs. deLaet, as rent for the last year, the sum of five hundred guilders, in beavers or corn, beaver's value, according to the con- tract.
Mrs. deLaet shows an extract from the record of the minutes of the session of the Director General and Councillors in New Neth- erland, held April 17, 1664, wherein she asked for an attachment of the moneys due from the Honorable Company to Cornelis Bar- entsen Slecht, which attachment was declared valid by their Right Honorable Worships, and thereupon requests that Cornelis Barent- sen be directed to give her an assignment [order] on the Company for the remaining money attached by her, still held by the Com- pany.
To this the defendant, Cornelis Barentsen Slecht, answers, that he is not able to give an assignment, as he has already made an assignment to some one else, viz., Frederick Philipsen, of about three hundred guilders, in sewant, but, if any more should be debited to him on the books of the Honorable Company, she shall . receive it from the Honorable Company.
Mrs. deLaet further requests that the judgment rendered April 1, last, against the aforesaid defendant, be enforced by exe- cution.
Defendant answers that the sown grain must first be appraised, and maintains that until then the execution must be delayed, so as to determine what he then must pay in satisfaction.
The Honorable Court refers the parties to good men, to be selected by themselves, as mutually requested, to appraise what has been sown, and after the appraisal to make up accounts on both sides. And plaintiff is also authorized to proceed with the exe- cution against defendant for what may then appear to be due for the rent. Whereto also the Doorkeeper is directed by the Honorable Court to act accordingly.
The Honorable Court having seen the request of Cornelis Bar- entsen Slecht to the Director General and Council of New Nether- land, dated November 17, 1663, and the letter written concerning the same by their Right Honorable Worships, the petitioner is, in consequence thereof, ordered to show that Aert Otterspoor, from the lot-
[End of Volume I, as extant-page 336.]
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[Part of] BOOK II
[ Court Records, June 24, 1664-November 18, 1664.]
Ordinary Session, Tuesday, June 24, 1664.
Present : Roelof Swartwout, Schout; Thomas Chambers, Gys- bert van Imbroch, Jan Willemsen Hoochteylingh, Henderick Jo- chemsen, Commissaries.
The Schout shows the Honorable Court the note of the Coun- cil of War at Wildwyck, dated June 23, 1664, as more at large ap- pears in the original. The Schout also shows to the Honorable Court a note of Captain Lieutenant Marten Cregier, dated June 13, 1664, from which it appears that the Honorable Court has been pleased to delay the farming out of the tapster excise until the fur- ther order of the Director General and Council of New Netherland.
Juriaen Westphael, plaintiff, vs. Albert Gysbertsen, defendant. Both absent. Both in default.
Juriaen Westphael, plaintiff, absent, default, vs. Tjerck Clae- sen deWit, defendant.
Tjerck Claesen de Wit, plaintiff, vs. Roelof Swartwout, de- fendant.
Plaintiff demands sixty guilders, in beavers, from defendant, for pasturing three cows, also a bridle loaned him last year, valued at sixteen guilders in beavers, also a quantity of wood valued at three schepels of wheat and three guilders in seewan. Defendant denies pasturing three cows, but admits that plaintiff pastured two cows for him, and promises to return the bridle and pay the value of the quantity of wood. He admits he owes the three guilders, in seewan.
Plaintiff replies that, as a fine due to defendant, he had to pasture one cow, but was compelled therefor to pasture four cows for him. To this the defendant answers that he has a counter claim.
The Honorable Court orders defendant to submit his counter claim at its next session.
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Tjerck Claesen de Wit, plaintiff, vs. Cornelis Barentsen Slecht, defendant. Plaintiff requests that defendant, as in duty bound, shall and demands payment therefor, or another canoe instead.
Defendant admits he borrowed the canoe, and that he did not return it; adds that it was taken by Jan Willemsen's man and was used for the benefit of those who had to be on the arable land.
The Honorable Court orders that all of those who have land across the Kill shall indemnify the plaintiff, or else substitute another canoe, otherwise to apply to the Court.
Roelof Swartwout, Schout, plaintiff, vs. Tjerck Claesen de Wit, defendant.
Plaintiff, by a petition to the Honorable Court, requests that he be sustained, he having been scornfully treated by defendant, as appears by the petition, dated May 6, 1664.
Defendant admits he was fined in the field, but says that the Ensign promised a permanent convoy, and when, early one morn- ing, his people went out to look for their horses, the convoy did not follow. The Ensign and the Schout were at that time with the convoy on Thomas Chambers' land to examine the burnt palisades set on fire by a soldier. On their return, the Ensign and the Schout both became intoxicated and then agreed that the Schout should go with the convoy to fine the defendant for ploughing in the field. Defendant denies he called plaintiff names or threat- ened him.
The Honorable Court orders plaintiff to submit his proofs in writing.
Roelof Swartwout, Schout, plaintiff, vs. Foppe Barents, de- fendant. Plaintiff demands from defendant fifteen schepels of wheat, according to obligation, dated May 8, 1664. Defendant admits the debt, but says that as soon as he receives his money from Tjerck Claesen he will pay plaintiff.
The Honorable Court orders defendant to pay plaintiff.
Roelof Swartwout, Schout, plaintiff, vs. Albert Gysbertsen, defendant. Plaintiff requests that defendant, as in duty bound, shall testify to the truth before the Honorable Court, with reference to the differences between plaintiff and Tjerck Claesen de Wit, re- garding the pasturing of plaintiff's cows, concerning which de- fendant testifies and declares that he knows that Tjerck Claesen
A
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de Wit promised to pasture two cows for plaintiff, for which plain- tiff was not to advance Tjerck Claesen any money.
Albert Gysbertsen requests that he be permitted to dig a saw- pit in front of his lot.
The Honorable Court grants petitioner's request, upon condi- tion that he cover the saw-pit every evening, so that no accident may occur therefrom to man or beast, and that he fill it up before harvest time.
Foppe Barents, plaintiff, vs. Evert Pels, Allert Heymans Roose, absent, and Cornelis Barentsen Slecht, defendants.
Plaintiff demands from defendants the sum of fifteen guilders, eleven stivers, in seewan, being the balance for carpenter work on the parsonage at Wildwyck.
Cornelis Barentsen Slecht, appearing alone, says that judg- ment may be rendered and recorded against them, as Evert Pels, in Foppe Barents' presence, so verbally instructed him.
The Honorable Court finds that, as the retired Commis- saries have never been willing to render an accounting to the newly installed Commissaries, and the new Commissaries know nothing about the receipts and expenditures, the credits or the debits, the newly installed Commissaries are therefore not willing to accept any bills until the retired Commissaries have rendered their ac- counts.
And for cause, the appearers, Cornelis Barentsen Slecht and Evert Pels, are ordered by the Honorable Court to pay the aforesaid demand of the plaintiff who is a country man and a stranger, and therefore must not be delayed.
Cornelis Barentsen Slecht requests the Honorable Court to please show him, after adjournment, where he may erect his dwell- ing house.
The Schout requests that, as many complaints have reached him regarding Henderick Jansen Looman's estate, the Honorable Court please order the curators of the said estate to render to it an accounting of the receipts and expenditures.
The Honorable Court orders the curators of the estate of Hen- derick Jansen Looman and Willem Jansen Seba to render at its next session an accounting of their curatorships.
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Jan Cornelisen van der Heyde asks the Honorable Court to permit him to take along with him the horses for account of Aert Pietersen Tack, pursuant to directions from his mother-in-law, Marietje Meynderts.
The Honorable Court decides that petitioner must proceed ac- cording to law against the estate of Aert Pietersen Tack.
Paulus Cornelissen requests payment for the goods furnished for the parsonage at Wildwyck, and the freight.
Jacob Joosten, Court Messenger, requests payment for his ser- vices, or else to be released from such service.
The Honorable Court orders the petitioner to send in his bill to it.
Extraordinary Session, Thursday, July 10, 1664.
Present : Roelof Swartwout, Schout; Gysbert van Imborch, Jan Willemsen Hoochteylingh, Henderick Jochemsen, Commissar- ies.
Sweerus Teunissen, successor of Jan Barentsen Wemp, de- ceased, requests the Honorable Court to permit him to obtain his money from Aert Pietersen Tack who has absented himself from this place, as he is his principal creditor. And he further requests that the real and personal estate of Aert Pietersen Tack be sold under execution to satisfy his mortgage, especially as the risk of the horses, cattle and grain in the field operates to the prejudice of the creditors. Among these horses, also, is a mare, two years old, delivered by his predecessor, Jan Barentsen Wemp, to Aert Pietersen Tack, on the condition, previously stipulated in a con- tract dated September 7, 1661, that the purchaser should keep said mare, at the seller's risk, for six years and then return it to the seller. Wherefore, he, Sweerus Teunissen, requests possession of the horse and that Aert Pietersen Tack's claim be rated by im- partial men. Requests speedy justice with reference to the fore- going, as he is a stranger.
The Honorable Court decides, that, as Aert Pietersen Tack has absented himself, and his wife, not wishing to have anything fur -. ther to do with the estate, has had an inventory made thereof, . he shall be summoned according to law, either by ringing of bell or on holidays. But having learned that the grain in the field, the
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horses and the cattle are held at great risk to the creditors, the Hon- orable Court therefore decides to sell these at auction to the highest bidder next Monday, July 14, and to hold the proceeds on deposit as provisional security. The real estate, the Honorable Court de- cides, shall, after due citation and non appearance of Aert Pieter- sen Tack, be sold at auction to the highest bidder. Regarding the request for the possession of the mare, the Honorable Court de- cides that said claim shall be appraised by impartial appraisers, and for that purpose Evert Pels and Aert Jacobsen are chosen to appraise the same as near as possible according to its value; all this being in accordance with the contract relating thereto.
Extraordinary Session, Monday, July 14, 1664.
Present: Willem Beeckman, Schout; Thomas Chambers, Gys- bert van Imbroch, Jan Willemsen Hoochteylingh, Henderick Joc- hemsen, Commissaries.
The Commissioner and Schout, Willem Beeckman, exhibits the commission and instructions given to him by the Honorable Lord Director General and Council of New Netherland.
In clauses seven and eight of these instructions provisions re- garding the farming out of the tapster and burgher excise are included, which farming out is postponed to a more propitious time because of the troublous and deplorable condition of the coun- try.
The Honorable Schout suggested that the fortifications be properly completed and repaired, as the savages are again gath- ering up the river. Also that six or seven of the free men should watch, as the garrison at present is weak. It was resolved to commence work tomorrow.
It was further suggested by Captain Thomas Chambers, that the free men are entirely unprovided with powder and shot, and he therefore requested of Commissioner Beeckman that powder and shot be furnished. This was agreed to, upon condition that, if the Director General and Council require payment therefor, the same shall be made; which was accepted, and that the seven or eight men are to watch.
Swerus Teunissen, appearing, requests that the sale of the grain lying in the field, and the horses and cattle of his debtor, Aert
.
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Pietersen Tack, may proceed, according to the decision of the Court, dated July 10.
: Thomas Chambers says he was not present on July 10, and is of opinion that Aert Pietersen Tack must first be condemned according to law, ere his property can be sold under execution.
Mr. Gysbert, Jan Willemsen and Henderick Jochemsen are of the same opinion, but for reasons set forth in the decision of July 10, adhere to their resolution.
The matter having been reviewed, it is decided, for cause, that the sale shall proceed, if reasonable prices are obtainable thereat.
On July 14, the eleven schepels of sown wheat and the ad- ditions in the field, together with the horses and cattle, were offered for sale at auction, but were withdrawn by the Honorable Court, as their value could not be reached or realized and this would be very prejudicial to the general creditors. And Swerus Teunis- sen asks that the horses and cattle be held back until the time ap- pointed for the sale of the farm, the which is consented to.
Ordinary Session, Tuesday, July 22, 1664.
Present: Willem Beeckman, Schout; Thomas Chambers, Gys- bert van Imbroch, Jan Willem Hoochteylingh, Henderick Jochem- sen, Commissaries.
Juriaen Westphael, plaintiff, vs. Tjerck Claesen deWit, and Albert Gysbertsen, defendants. Plaintiff demands a balance of one hundred and twenty-seven and one-half schepels of wheat from de- fendants as curators of the estate of Henderick Jansen Looman, ap- pointed by the Honorable Court.
- Defendants refer to their account book, exhibited to the Hon- orable Court, wherefrom it appears that there are more creditors, and the estate apparently will be in debt.
The Honorable Court decides that plaintiff shall receive the whole of his claim relating to the horse, and that for the balance of his account he must share with the other creditors.
Tjerck Claesen de Wit, plaintiff, vs. Roelof Swartwout, defend- ant. Plaintiff still insists upon his former demand of June 24, 1664. Defendant, pursuant to the order of the Honorable Court, exhibits a counter account.
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THE DUTCH RECORDS OF KINGSTON.
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The parties are referred to Evert Pels and Allert Heymans, to bring about, under the supervision of Commissary Henderick Jochemsen, an agreement, if possible, or, otherwise, to report to the Honorable Court.
Roelof Swartwout, plaintiff, vs. Albert Gysbertsen, defendant.
Plaintiff still demands a fine from defendant for violating the ordinance with reference to not going out to plough or work without a convoy.
Defendant says he is ready to prove that he asked Ensign Niessen for a convoy, which the latter promised but did not send.
The case is adjourned to the next session.
FARMING OF THE BURGHER EXCISE.
Terms and conditions upon which the Messieurs Schout and Schepens of the village of Wildwyck, in New Netherland, with the approval of the Right Worshipful Lords, the Director General and Council of New Netherland, intend, according to the laudable custom and order of our Fatherland, to farm out to the highest bid- der the burgher excise on wine and beer to be consumed within the jurisdiction of the aforesaid village, by all officers as well as by ordinary burghers, except the Supreme Government and Ministers of the Divine Word.
The one who becomes Farmer of the said excise shall receive from all officers as well as ordinary burghers and inn-keepers, none but those hereinbefore mentioned excepted, as excise for the wines and the beer to be consumed by them :
For an anker of brandy, Spanish wine, distilled waters or others of the same quality, thirty stivers.
For an anker of French wine, Rhine wine, wormwood wine or others of the same quality, fifteen stivers, a hogshead to be reckon- ed as five ankers.
For a tun of good beer, one guilder.
For a tun of small beer, six stivers.
Larger or smaller casks in proportion.
The impost shall be laid and the excise be paid to the Farmer, between August 17, 1664, and August 10, 1665. No excise shall be received after the date last above mentioned.
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The excise shall be paid to the Farmer in good braided sewan, at twelve white or six black beads for one stiver.
The Farmer must promptly every three months pay the lawful quarter of the amount promised for the farming, in good current payment, at twelve white or six black beads for one stiver.
The Farmer must furnish for the promised farming price two sufficient money sureties.
Tjerck Claesen bids
fl. 50
Tomas Harmens bids fl. 75
Tjerck Claesen bids fl. 100
Tomas Harmens bids fl. 125
Evert Pels bids
f. 150
Received fl. 3 seewan
Roelof Swartwout bids
fl. 175
Received fl. 3 seewan
Evert Pels bids
fl. 200
Received fl. 3 seewan
Tomas Harmensen bids
fl. 225
Received fl. 3 seewan
bids
fl. 250
Received fl. 6 seewan
Roelof Swartwout bids
fl. 275
Received fl. 6 seewan
Tomas Harmensen bids
fl. 300
Received fl. 6 seewan
bids
fl. 325
Received fl. 9 seewan
bids
fl. 850
Being put up at [Dutch] auction," with a limit of three hun- dred guilders, ** (received another nine guilders seewan), Tomas Harmensen becomes the Farmer for the sum of three hundred and fifty-seven guilders, and furnishes as sureties Tjerck Claesen deWit and Walran du Mont, jointly and severally, as principals, all of whom together have subscribed, this August 16, 1664, at Wildwyck.
(Subscribed) Tomas Harmens, Tjerck Claesen de Wit, Wal- ran du Mont.
(Below)
In my presence.
WILLEM BEECKMAN.
On this August 18, Evert Pels and Albert Heymans reported, in regard to the arbitration between Roelef Swartwout and Tjerck Claesen deWit, that there was no prospect of bringing about an agreement between them.
"The auctioneer beginning with a high price, and gradually reducing it till he receives a bid.
** As the lowest price.
.
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THE DUTCH RECORDS OF KINGSTON.
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The Schout and Schepens here give notice and command, that henceforth no inn-keeper or vender of wine and beer shall be al- lowed to sell until, following the custom in our Fatherland, he shall have obtained from the Honorable Court a license for said business, which every inn-keeper shall renew quarter yearly and for which he shall pay every time for the use of the respective judges one pound Flemish, under penalty of suspension of his busi- ness for open and wilful neglect. Done at Wildwyck this August 19, 1664.
The Schout and Schepens further order that those who make a business of brewing and of distilling brandy, shall henceforth no longer tap or sell wine by measure, on pain of confiscation of the broached liquor and fine of fifty guilders for each violation dis- covered. Done at Wildwyck, August 19, 1664. (Signed) Willem Beeckman.
It was resolved by the Honorable Court at Wildwyck that the burghery and inhabitants shall again keep watch, as, owing to the approach of the English, the militia have been relieved therefrom by the Director General and Council. Done at Wildwyck, this September 1, 1664. (Signed) Willem Beeckman.
Extraordinary Session, Wednesday, September 4, 1664.
Present : Willem Beeckman, Schout; Gysbert van Imbroch, Jan Willemsen Hoochteylingh, Henderick Jochemsen, Commissaries.
On the proposition made by the Honorable Schout what to do in case the English should approach our village of Wildwyck, it is resolved that, at the discharge of a cannon, all the burghery shall repair to the head watch, there to receive further orders, and that in the meantime the Honorable Schout, together with the Honor- able Court, shall seek to parley with said English beyond the gates. Meanwhile, the burgher officers are recommended to ascertain what powder and shot there are among the burghery, as we can not tell how the savages will act in these circumstances. Thus done by the Schout and Commissaries at Wildwyck, the day and year above mentioned.
Ordinary Session, Tuesday, October 7, 1664.
Present; Willem Beeckman, Schout; Thomas Chambers, Jan Willemsen Hoochteylingh, Commissaries.
-
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Emmetje Volckerts, plaintiff, vs. Jacob Barentsen Cool, de- fendant. Plaintiff demands from defendant an amount of thirty- five schepels of wheat, two guilders, ten stivers, in sewan, whereof, according to her account, one schepel of wheat and four guilders, ten stivers, have been paid.
Defendant and his wife deny a portion of the debt, and there- upon submit items of a counter reckoning.
The Honorable Court directs the parties to Roelof Swartwout and Walran du Mont, good men, to bring the parties to an agree- ment, if possible, and, if not, to report to the Honorable Court.
Walran du Mont, plaintiff, absent, default, vs. Jacob Barent- sen Cool, defendant.
Walran du Mont, plaintiff, absent, default, vs. Dirrick Hen- dericksen, defendant. Absent. Default.
Jan Tyssen, plaintiff, vs. Annetje Ariaens Tack, defendant. Plaintiff demands from defendant, for wages for two and one-half months, seventy guilders, heavy money, and thereupon has attached, at Thomas Chambers', as many schepels of wheat as long Jacob, the defendant's servant, has earned with the aforesaid Thomas Cham- bers.
Defendant refers the matter to the estate, because the wages earned by the plaintiff were earned under her husband, and she maintains that the wages earned by her servant with Thomas Chambers are due to her.
The Honorable Court decides that, as the wages of defendant's servant, earned with Thomas Chambers, were concealed, the same shall be transferred to the estate, and plaintiff shall stand on a par with the other creditors after the sale of Aert Pietersen Tack's property.
Thomas Harmensen, plaintiff, vs. Sara Gillissen, defendant. Plaintiff demands from defendant the full fine due for smuggling, and also the wine he found with her at her place.
Defendant answers she did not know that there was so much wine in the anker, that there should have been, according to her mother, about twenty cans of wine, and now there have been found about twenty-four cans.
The Honorable Court decides the wine to be a prize, and there- upon, on the Farmer's demand for two hundred guilders, impose
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THE DUTCH RECORDS OF KINGSTON.
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upon the defendant a fine of one hundred guilders in sewan, to be duly applied.
Mattheus Capito, plaintiff, vs. Jan Lootman and Michael Ver- brugge, defendants.
Plaintiff says that some time ago, at the house of Walran du Mont, he was insulted by the defendants, who said he had caused them loss by overcharging their account with the Company.
Michael Verbrugge answers that in his account there have been deducted by the Honorable Secretary van Ruyven a blanket and two pair of fine stockings, which he should have received from Mattheus Capito in the Esopus, as appears by his books.
Jan Lootman answers that about one hundred guilders were deducted on his account, and that, complaining about this, the Honorable Secretary van Ruyven referred to the books at Esopus or the keeper thereof.
The parties are referred to the bookkeeper of the Honorable Company and to the Honorable Secretary van Ruyven, in order to settle their differences.
Tjerck Claesen de Wit, plaintiff, vs. Roelof Swartwout, defend- ant. Plaintiff sues for the pasturing of three cows, according to the demand of June 29, last.
Defendant admits that plaintiff pastured two cows for him, for which he ought to pay like any one else, and that plaintiff was to pasture two more cows for him, in payment of the fine due from him, under an agreement with him made in the presence of Albert Gysbertsen who, on June 29, last, testified and stated before the Honorable Court, and now confirms under oath, that Tjerck Clae- sen was to pasture for defendant two cows in payment of the fine due. -
The Honorable Court again refers the parties to the decision of Everts Pels and Allert Heymans, good men, to bring the parties to an agreement, if possible, or else to report to the Honorable Court.
Roelof Swartwout, plaintiff, vs. Tjerck Claesen de Wit, de- fendant. Plaintiff declares he has attached fifteen schepels of wheat of Foppe Barents in the hands of defendant, whereupon de- fendant told the Village Messenger that he had assigned to his brother-in-law, Jan Tomassen, at Fort Orange, his claim on ac-
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