USA > New York > Ulster County > Kingston > The Dutch records of Kingston, Ulser County, New York (Esopus, Wildwyck, Swanenburgh, Kingston) 1658-1684 > Part 2
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"Minor offences, such as Brawls, Injuries, Scolding, Striking with the fist, Threats, simple Drawing of a Knife or Sword with- out assault or bloodshed, are left to the adjudication and decision of the Court aforesaid, in which cases the Schout there shall have power to act as prosecutor, saving, nevertheless, the clause of Ap- peal, in case the condemned may find himself aggrieved by the sentence of the Court.
"All cases of Major Crimes, and delinquents charged with Wounding and bloodshedding, Whoredom and Adultery, public and notorious Theft, Robberies, Smuggling of Contraband articles, Blaspheming and profaning God's holy name and religion, Sland- ering and calumniating the Supreme government or its representa- tives, shall, after the informations, affidavits and testimony have been taken, be referred to the Director General and Council of New Netherland.
"Should the situation of affairs so require that the President and Schepens consider necessary for the greater security of the peace and quiet of the Inhabitants, to enact, in the absence of the Director General and Council, some ordinances for the greater ad- vantage and contentment of the aforesaid Village and Court in the above mentioned district, respecting Surveys, Highways, Outlets, Posts, and Fences of Land, laying out of Gardens, Orchards and such like matters that may most concern the flat country and agri- culture; also in regard to the building of Churches, Schools and similar public works, and the means how and by which the same are so effected, they are to commit to writing their opinions there- upon, and deliver them to the Director General and Council, with the reasons upon which they are founded, annexed, in order, if such be deemed necessary, that they may be confirmed, approved and ordered by the Director General and Council.
"Said Schout and appointed Schepens shall also be particularly careful, and be bound strictly to observe and cause to be observed the Laws of our Fatherland, and the Ordinances and Edicts of the Honorable Director General and Council heretofore ordained and published, or hereafter to be ordained and published, and not to
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suffer anything to be done contrary thereto, but to see that the contraveners shall be proceeded against according to law.
"Said Schout and Court shall not have power to enact, publish, much less to post up, any Ordinance, Edicts or such like Acts, ex- cept with the previous knowledge and consent of the Director Gen- eral and Council.
"The Schout and Schepens shall also be particularly careful, and be bound to assist the Honorable Directors as Lords and Pa- troons of the province of New Netherland, under the Sovereignty of their High Mightinesses, the Lords States General of the United Netherlands, and them to help to maintain in their Supreme Juris- diction, Right and Domains, and all other their Prerogatives.
"Whereas, it is customary in our Fatherland and other well regulated governments, that some change be made annually in the Magistracy, so that some new ones come in [and] a few continue in order to inform. the new; the Schepens now appointed shall pay due attention to the conversation, demeanor and fitness of honest and decent persons, Inhabitants of their respective Village, in order to be able, about the time of changing or election, to furnish the Director General and Council with correct information as to who may be found fit, so that some may then be elected by the Director General and Council.
"Thus done and given, at the meeting of the Director General and Council, holden in Fort Amsterdam in New Netherland, the 16 May, Ao 1661."
The above ordinance was, on April 25, 1664, on petition, so far modified, as to authorize the court at Wildwyck to enact by-laws and ordinances such as the circumstances of the place and the settlers might require, on condition that it first submit them, with the reasons therefor, to the director general and council for their approval, and obtain the same, unless such could not be done in consequence of the winter season. In that case, the court was em- powered to issue and execute provisional ordinances, provided it submit them at the first opportunity to the director, etc., for appro- val. See New York Colonial Manuscripts, vol. X, pt. 3, pp. 205- 206; O'Callaghan, supra, p. 401. For the petition and the action thereon see Documents, supra, vol. XIII, pp. 369-370.
On the establishment of the court, Roeloof Swartwout applied for the position of Schout, and on May 23, 1661 received an ap- pointment from the director general and council as "provisional Schout in the village of Wildwyck on the Esopus, to serve
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there in the capacity of Schout, in accordance with this commission and the instructions already given him or hereafter to be given, as a good and faithful Schout is bound to do." (Documents, supra, vol. XIII, p. 199.) He had returned from a trip to Holland in 1660, bringing with him an appointment from the Directors there, dated April 15, 1660, to act as provisional Schout, and his instructions gave him authority to act as judge and to hear and decide cases, etc. (Id., pp. 158-160.) Stuyvesant then refused to recognize the appointment, stating that he did not consider Swartwout, because of his youth and inexperience, qualified for the position and also because no court had yet been established. Id., p. 177; Sylvester, supra, p. 47. He was ordered, however, by the directors to ratify the appointment. Nothing appears to have been done by the Schout until the first session of July 12, 1661.
The difficulties with the Indians did not cease with the organ- ization of the court. The Esopus war of 1663 occurred, and the record shows the troublous days passed by the inhabitants, the massacre of some of them, the destruction of their property, and the dangers they ran while earning their living. The sittings of the council of war, appointed by Stuyvesant, headed by Marten Cregier, are also recorded. A treaty of peace with the Indians was made May 15, 1664.
The records now here printed supplement the data in the arch- ives at Albany, partly printed in the Documents, supra.
The picture of life in the village presented by the reading of the first part of these records now printed, covering the Dutch period, is an interesting one. That substantial justice was meted out to the inhabitants in their disputes is clearly evident.
The minutes show at first a primitive state of affairs, but grad- ually present a more organized aspect. We read first of complaints of shortage in the food supply for the military, and of clashes be- tween the soldiers and some of the inhabitants. Then comes the sad case of Grietjen Westercamp and her efforts to establish the paternity of her child. Later, after the inauguration of the sec- ond Indian war in 1663, we read of Aeltje Sybrants, the wife of the gunner Matthys Roelofsen, and her contemptuous treatment of the order of the council of war forbidding the sale of strong drink to
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the troops or to the Indians, and of the proceedings to punish her for contempt. Suits for slander also appear. One man felt aggrieved because he was called a Jew, another because he was called deceitful, and another because he was called a little tattle- tale. One litigant railed at the court after losing his case and called one of the judges, who was a physician, a bloodsucker, and was brought to the bar to apologize. Suits were frequent for the recovery of money due for wages, goods sold and money loaned. Mortgages and deeds were put on record. Lots for building pur- poses were granted by the court to various applicants. Various orders are entered for the regulation of affairs in the village. Ap- peals are noted in a number of cases to the director general and council in New Amsterdam. Stuyvesant himself appears as a suitor for money due from tenants and others. The Schout, Swart- wout, occasionally appears as a defendant, though usually as plain- tiff to collect fines for violation of orders. His suits for the recov- ery of fines for violation of the ordinance forbidding any one to go out to mow without a convoy, are of interest as showing the strictness of the precautions to prevent attacks by the Indians.
The troubles of Domine Blom, the first minister, in his efforts to collect his salary, in arrears for several years, are reflected in suits against a number of the inhabitants who had agreed to pay their share but had neglected to do so. His letter to the magis- trates regarding the non-payment is worthy of perusal. Suits re- lating to the parsonage then being erected are several times men- tioned. The domine's dispute with the magistrates regarding the administration of the estates of several intestates, as to which the church claimed an ecclesiastical right, is the subject of various en- tries. In one of these the domine takes occasion to rebuke the court for writing to him a business letter dated on a Sunday. In his re- ply he expresses his astonishment that they should work on that day, seeing, as he said, that there were enough other days in the week, and he adds that this no doubt is the reason why the magistrates' pew is empty during the Sunday morning and afternoon services. His anxiety for the welfare of the community is shown in a long let- ter in which he asks the magistrates to co-operate with him to sup- press the celebration of Fastenseen (Shrove Tuesday or Mardi
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Gras), as being of pagan origin and conducive to Bacchanalian orgies. The Court gave the necessary order.
The farming out of the excise by auction is recorded, and suits for smuggling and non-payment of the impost are noted. Many suits involving arrests, attachments, partnership disputes and other classes of litigation appear. The retired magistrates came in for a reprimand for not making up their accounts for the information of their successors, who were appointed annually, and were ordered to hand them in at once.
Finally, the on coming of the English is noted by a reference to the course of action to be pursued if they should appear at the gates. Then we read of the selection of Willem Beeckman to pro- ceed to Manhattan to obtain a warrant of authority for the continua- tion of the court, and also of his return with the warrant, dated Oc- tober 24, 1664, entered in full in the minutes of November 14 of that year, as translated from the English into Dutch. The original Eng- lish version does not appear to be extant. These minutes are here included as well as those of the succeeding session, November 18, 1664. The latter contain the record of an important lawsuit be- tween Stuyvesant, then described simply as Mr. Stuyvesant and no longed director general, and one of his debtors.
We meet in the Dutch period with many familiar names, such as Tierck Claszen de Witt, Alaerdt Heymansz Roose or Roosa, Al- bert Gysbertsen, Gysbert van Imbroch, Sergeant Christiaen Nissen, Thomas Chambers, Mattheus Capito, Cornelis Barentsen Slecht, Evert Pols, Nicolaes de Meyer, Henderick Jochemsen, Juriaen Westphael, Matthys Roeloofsen, Jacob Barentsen Cool, Jan Wil- lemsen Hoochteylingh, Willem Beeckman, Thomas Harmensen, Walran du Mont, and others. The Schout, Roeloof Swartwout, act- ed for two years as recorder of the minutes. The later entries were made by his successor, Mattheus Capito, who was also de- signated as secretary. Their records are precisely kept, so that the meaning can be clearly gathered, though the language used in fre- quently tautological, terse or elliptical.
The spelling of names in the body of the minutes differs in many cases from that found in signatures. These varia- tions have been followed in this translation. Some of these names
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printed here appear as though containing typographical errors. These follow the spelling in the Dutch entries. No attempt has been made to reproduce the sign manual adopted by those who could not write. Titles and other abbreviations in the original record are given in full in the translation. The letters "ij" of the Dutch in names have been transcribed as "y" in the English. Original signatures are printed in caps and small caps.
The name of the village always appears as Wildwyck while Capito, the more scholarly writer, was the recorder of the min- utes. Before that, in Swartwout's entries, it appears as Wildt- wyck. Wiltwyck, frequently seen in translations of other writ- ings and in accounts of Kingston, does not occur in these records. Throughout the further records above referred to, yet to be pub- lished, the spelling is Wildwyck. In those records the village was called Kingston from 1671 on, except during the Dutch re-occupa- tion in 1673-4, when the name Swanenburgh was given to it.
This translation covers the whole of Book I, 336 pages, and also 46 pages of Book II, of the Dutch records.
It is hoped that the first installment will meet with a favorable reception. The interest of the record grows with the growth of the colony. As the great German poet has so well said :
"Examine where you will the teeming sea of human life, (All are of it, but not to many is it known),
With fruitful interest you'll always find it rife."
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FIRST PAGE OF WILDWYCK RECORDS
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THE DUTCH RECORDS OF KINGSTON BOOK I
[RESOLUTION OF INHABITANTS OF ESOPUS, MAY 31, 1658, AND COURT RECORDS OF WILDWYCK, JULY 12, 1661-MAY 6, 1664.]
[Pages 1 and 2 are missing. See Introduction.]
Copy.
Having, through very sad cases and to our general injury, ex- perienced and borne, from time to time, the treacherous and intol- erable audacity of the wild and barbarous natives, and realizing the folly of trusting to their promises and our own risk and danger in living separated and far apart from each other among such treach- erous and vindictive people,
We, the undersigned inhabitants of the Esopus, in meeting as- sembled, have, upon the suggestion of the Director General, the Lord Petrus Stuyvesant, and his promise to provide us with a protec- tive guard and, when needed, to assist us with additional troops,
Resolved, that, for the greater security of ourselves, our wives and children, we will, immediately after subscribing to these pres- ents, completely demolish our separate dwellings, and locate at . the place designated by the Lord General, and, by our own united efforts, together with the assistance of the Lord Director General, surround the place with palisades of a proper height, in order, with the blessing of the All-Good God, the better to protect ourselves and our property against the hostile assaults of the savages. And, invoking the Divine blessing and help, and using all honorable means, we bind ourselves to enter upon this work at once and to complete it as soon as possible, a fine of one thousand dollars to be paid into the treasury of the community, as a penalty, by any who by word or deed oppose this.
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THE DUTCH RECORDS OF KINGSTON.
[ 165g
For the greater security whereof we have personally signed our names hereto, in the presence of the Right Honorable Lord Director General and Mr. Goovert Loockermans, former Schepen of the City of Amsterdam in New Netherland. Done this last of May, Ao. 1658.
Jacob Jansen Stol, Thomas Chambers, Cornelis Barense Slecht, the mark (x) of Willem Jansen, made by himself, the mark (x) of Pieter Dircksen, made by himself, Jan Jansen, Jan Broersen, his mark (x), made by himself, Dirck Hendricksen Graef, (x) his mark, made by himself, Jan Lootman.
In presence of the Lord Petrus Stuyvesant and Goovert Loockermans.
The above copy, made by order of the Commissaries, has been found, after comparison, to agree with the original.
Attest,
ROELOOF SWARTWOUT, Schout.
[Pages 4 to 10 in original record, blank. See Introduction as to probable record intended to be entered here.]
July 12, 1661.
First Ordinary Session, held at Wildtwyck.
Resolved, by the Schepens here present, to hold Court on Tuesday and thereafter every two weeks, until the further order of the Director General and Council of New Amsterdam.
On the same day, Sergeant Christiaen Nissen romp informs the Schout and Schepens here present, that whereas, no grain is to be had here for the militia, Pieter van Alen, the shoemaker, is exporting wheat. Whereupon, deliberation having been had, it is resolved that the shoemaker shall deliver his remaining grain to Sergeant Christiaen Nissen romp, who is authorized to pay him on delivery.
On the same day, the Schout and Schepens appoint one Jacob Joosten to attend to all kinds of church service and services for the Court. He is appointed Court Messenger, provisionally, until the further order of the Director General, and shall receive for one year two hundred guilders [one guilder equals forty cents], in zeewant.
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THE DUTCH RECORDS OF KINGSTON.
1661]
Ordinary Session, Tuesday, September 13, 1661.
Present: Evert Pels, Aldert Heymansen, Cornelis Baren Slecht.
The Schout, plaintiff, vs. Coenraedt the soldier, defendant. Default.
Tjirick Classen, plaintiff, vs. Femmetjen. Default .
Hendrick sewant reyger [braider of sewant] plaintiff, vs. Jan Buur. Default.
Mathys Blanchan, plaintiff, vs. Hendrick sewant reyger [braider of sewant]. Default.
Pieter van Alen, plaintiff, vs. Sergeant Christiaen Nissen romp. Default.
Machtelt [Stoffels], plaintiff, vs. Gerrit van Campen. Default. Femmetjen [Alberts], plaintiff, vs. Gerrit van Campen. De- fault.
Femmetjen [ Alberts] demands payment of twelve guilders, in zeewant.
The Schout, prosecutor and plaintiff, vs. Thomas Chambers, defendant.
The Schout declares that Thomas Chambers drew a knife against his brother-in-law, Jan Janssen, at Cornelis Barentse Slegt's house, which is denied by the defendant. Also that, on the last day of August, Thomas again drew a knife against Jan Janse and wound- ed him, which also is absolutely denied by the defendant.
Albert, the carpenter, asks for a building lot, which is granted him.
Ordinary Session, held Tuesday, September 28, 1661.
Pieter van Alen, prosecutor and plaintiff, vs. Sergeant Chris- tiaen Nissen romp.
Pieter van Alen complains that the Sergeant beat him in the guard house, and pursued him on the public street. In defense, the Sergeant says that Pieter took brandy into the guard house and sold it there.
Resolved, [rest of page blank].
Catelyn the Walloon, plaintiff, complains of the cowherder, that he does not drive the cows home in time and that he did not drive them home for two days.
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THE DUTCH RECORDS OF KINGSTON.
[1661
In defense, the cowherder says that, as she does not drive her cows to the herd, he cannot take care of them.
Ordered, that Catelyn shall drive her cows to the herd and that the defendant shall then take care of them.
The Schout, plaintiff, declares that Mathys Constapel [the gunner] tapped during the sermon. This the defendant de- nies, and says it is not true.
Gritedgen [Hillebrants], plaintiff, demands that her master say if he knows aught against her as a reason why he discharged her.
Juriaen Westgaer, the defendant, says that when he was sick she went out every day and returned home late at night, and that he then said to her, "Where you have been during the day, go there also at night."
Tjyrick Classen, plaintiff, vs. Femmetje, defendant. Default. Default.
The Schout plaintiff vs. Poulus Poulssen defendant.
The Schout declares that Poulus drew a knife. This the defendant denies.
The Schout, plaintiff, [blank space in original].
Jan Lammerse asks for a building lot, to be built upon at once.
Ordinary Session, held Tuesday, October 11, Anno 1661.
Present: Cornelis Barense Slecht, Evert Pels, Aldert Hey- manse; the Schout, Roeloof Swartwout.
Pieter Jacobsen requests the Schout and Schepens to fix his charges for grinding corn. And whereas the said petitioner leaves it to the decision of the Court, he is allowed to charge for every schepel [about one bushel], eight stivers [one stiver, equals two cents] in zeewant, and as to those who have no zeewant he may deduct a tenth part but no more. This permission is to be for one year, or until the further order of the Director General and Coun- cil.
The Lord Schout, plaintiff, vs. Fop Barense. The Schout declares that complaint has been made that Fop Barents created a disturbance in front of the guard house, and there defied the Corporal, knife in hand, the which Corporal Ransou attests and
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THE DUTCH RECORDS OF KINGSTON.
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says actually took place. Whereupon, having considered the matter, the Schepens give the officer time until the next Court day to get the Sergeant to testify.
Basje Pieterse, plaintiff, demands payment of Aert Otters- poor of nineteen guilders, in zeewant. Default.
Basjen Pieterse, plaintiff, vs. Fop Barense. Plaintiff demands forty guildeis, in zeewant, of Fop Barense who admits owing the same and promises to pay within a month from date, under penalty of execution.
Basje Pieterse, vs. Poulus Poulussen, demands payment of the amount of twenty-three guilders, in zeewant. Default.
Tjirck Classen, plaintiff, demands of Roeloof Swartwout pay- ment of three and a half schepels of wheat, and also of seven schepels of wheat assigned to him by some one else. The Schout is ordered to pay three and a half schepels of seed-corn within eight days, the other seven schepels to be paid within a month.
On this day the Schout submits some written charges against Thomas Chambers, all of which the latter denies.
Ordinary Session, held Tuesday, October 25, [1661].
Present : Evert Pels, the Schout, Cornelis Barense Slecht.
Evert de Waeesman, defendant.
The Commissaries demand a mudde of wheat [about four bushels] and seven guilders, nine stivers, which Evert Pels under- takes to pay, the same to go to the poor.
Evert de Waelsman, plaintiff, demands from William Jansen Stol, as payment for two cows, the amount of two hundred guilders, in corn. William Jansen Stol is ordered to pay within two months.
Evert de Waelsman, plaintiff, demands of Tjirick Clasen pay- ment of wages for nineteen days, and for mowing grass two days. [Defendant] is ordered to pay two schepels of wheat for the mowing of the grass, and two gldrs. in zeewant, per day, for the nineteen days, and to pay the whole amount within six weeks.
Jacob Joosten, plaintiff, vs. Poulus Poulussen. Default. Jacob Joosten, plaintiff, vs. Aert Jacobsen. Default.
Tjirick Clasen, plaintiff, vs. Pieter Hillebrantsen. Default. Thomas Chambers requests of the Commissaries further par- iculars from the Schout of the written charges made against him.
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THE DUTCH RECORDS OF KINGSTON.
[1661
And whereas Thomas requests the same to be in writing, though he has received a copy and he claims that omissions occur therein, the Commissaries have therefore examined said copy, and find the same to be correct and to correspond with the original charges. At the request of the Schout, it is consented that the parties be re- ferred to the Lord Director General and Council of New Amster- dam, or they may await the arrival of the Lord General.
October 26, Anno 1661.
Extraordinary Court Session, called by Thomas Chambers to proceed against the Schout, Roelof Swartwout.
Whereas, Thomas Chambers, by petition, asks the Commis- saries, "Why am I, Thomas, not permitted to appear before the Court, notwithstanding the Schout has summoned me?"
The reason why Thomas was summoned is because of the four schepels of wheat which he guaranteed for his servant Poulus Poulussen, and for which he refuses to pay to the Court Messenger sent to him. The Consistory petitioned that the Magistrate should kindly demand the same. The Schout therefore summoned him, Thomas. If his name was not called from the calendar, his default will be opened. Secondly: Whereas, Thomas by a petition has further requested the Commissaries to give reasons why the par- ties are referred to the Director General and Council, "the Com- missaries answer that, as Thomas has denied all the charges which the Schout presented against him, and as these concern the Sup- reme Magistrates, the matter has been referred to the Director Gen- eral and Council of New Amsterdam.
Thus done, for cause us thereunto moving.
By order of the Commissaries.
Ordinary Session, held Tuesday, November 8, Anno 1661.
Present: The Schout, Evert Pels, Cornelis Barense Slecht. Aldert Heymanse, absent.
The Schout, plaintiff, demands of the Sergeant proof of what he has complained about Fop Barentse. The Sergeant denies this. Fop Barense, the defendant, also declares it to be untrue, and says he was at work.
1661]
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THE DUTCH RECORDS OF KINGSTON.
The Schout, plaintiff, vs. Pieter van Alen, defandant. Default. The Schout, plaintiff, vs. Tjirick Clasen, defendant. Default. Matheus Blanchan, plaintiff, vs. Pieter van Alen, defendant. Plaintiff, by virtue of a power of attorney conferred upon him by Fousien Briel, demands payment of Pieter van Alen of the amount of two schepels of wheat. Default.
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