USA > New York > Ulster County > Kingston > The Dutch records of Kingston, Ulser County, New York (Esopus, Wildwyck, Swanenburgh, Kingston) 1658-1684 > Part 5
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For cause, the Commissaries have suspended judgement in the above mentioned case, and also decide to wait until the arrival of the Noble Lord General; so as to enable the parties the better to plead their cause.
Ordinary Session, held Tuesday, May 2, 1662.
Present : The Schout, Roelof Swartwout; Cornelis Barense Slecht, Evert Pels, Aldert Heymanse Roosa.
Anthony Cruepel, plaintiff, demands from Pieter Hillebrantse payment of the amount of two schepels of wheat. Defendant ad- mits owing the plaintiff two schepels of wheat. The Commissaries order defendant to pay plaintiff the amount sued for, within eight days.
Lowys Dubo, plaintiff, demands from Pieter Hillebrantse pay- ment of the amount of two schepels of wheat due for ribbons sold him. Defendant, Pieter Hillebrantsen admits owing the debt to plaintiff. The Commissaries order defendant to pay plaintiff the amount sued for, within two months' time.
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Jan Lammersen, plaintiff, demands from Juriaen Westphalen payment of the amount of sixteen scheples of wheat, according to obligation, and procuration received from Volckje Juriaens. Defendant admits the debt, says he is at present unable to pay, requests time, and offers to pay proper interest therefor. "The principal together with the interest I promise to pay next fall." Thus declared, at the pleasure of plaintiff.
Mathys Blahchan, plaintiff, demands from Mathys Roeloofsen payment of fifty gldrs., zeewant, for the use of two oxen, as al- ready mentioned, and as has been proved. Plaintiff in addition demands twenty-five guilders, in zeewant, for goods furnished. Defendant admits the debt of twenty-five gldrs., zeewant, but sayı he has not had satisfactory use of the oxen, and therefore declines to pay. The Commissaries, after having heard the parties, and the circumstances being known to the Court, order defendant to pay the plaintiff the amount sued for.
Cornelis Jansen van Dost, plaintiff, demands from Aert Jacob- sen payment of the amount of sixty-one guilders, zeewant, for wages earned. Defendant admits the debt but says he carted a load of stone for six guilders, zeewant. The Commissaries order defendant to pay plaintiff fifty-five gldrs. zeewant, within fourteen days.
Mathys Roeloofsen, plaintiff, vs. Coeraet Ham, defendant. Default.
In the matter of the elections, the Schout and Commissaries have decided to nominate the following persons to govern us here- after, subject to the approval of the Very Noble Honorable Lord Director General and the Lord High Councillors: Thomas Cham- bers, Jan Willemse, Tjirick Classen de Wit, Albert Gysbertsen, Aert Jacobsen.
The Noble Lord Director General and High Councillor Gerret Decker were this day here present. The Lords Director General and Councillor continued Evert Pels and Aldert Heymanse Roose as Commissaries, and from the nominees above mentioned appointed Albert Gysbertsen and Tjirick Classen de Wit.
Below stood,
April 27, Ao. 1662, Pieter Stuyvesant.
.
1
:
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On May 3, the newly appointed Commissaries took their oaths before the Schout and the old Commissaries, and were installed into office by order of the Noble Lord Director General and the Lord Councillor Gerrit Decker, who were here present.
Ordinary Session, held Tuesday, May 16, 1662.
Present : The Schout, Roelof Swartwout; Evert Pels, Allert Heymanse Roose, Albert Gysbertse.
Jan Broersen, plaintiff, demands from Cornelis Barense the amount of six schepels of wheat and says he sold him hops therefor. Defendant's first default.
Mathys Roeloofsen, plaintiff, demands from Coenraet Ham payment of the amount of eighty-six gldrs., fifteen stivers, eight pennies, in zeewant. Second default.
Hey Olfersen, plaintiff, presents a petition in writing, stating that he would have finished his work at Barent Gerritsen's, but that owing to the absence of materials such as boards, lumber and nails, he was unable to do so, and that he also was refused board. He therefore asks full payment for his contracted work, and restitu- tion of expenses and damages suffered in consequence.
Defendant, Barent Gerritsen, answers that there were boards still there for use, and that he did not refuse him board. The Com- missaries order plaintiff to prove that his materials had been used up, as stated in his petition presented to the Court.
Ordinary Session, held Tuesday, June 22, 1662.
Present: The Schout; Evert Pels, Albert Heymanse Roose, Albert Gysbertsen, Tjirick Classen de Wit.
Hey Olfersen, plaintiff, vs. Barent Gerritsen, defendant. Plaintiff demands a total of sixty-four gldrs., heavy money, in res- titution of expenses and for lost time and board.
Defendant says he is not liable for the expenses, "but if you, Hey Olfersen, had not failed me, I would certainly have paid you the last time."
The Commissaries order the defendant to pay plaintiff sixty- four gldrs., heavy money, for damages sustained. They also order plaintiff and defendant each to pay twenty-five gldrs. for the poor,
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as both appeared here February 28, and offered fifty gldrs. to the poor if, at the appointed time, Barent Gerritse's house were not finished. This time having expired, it is more Barent Garritsen's than Hey Olfersen's fault, since he, defendant, made the plaintiff do the work over again, so that plaintiff could not complete the work at the appointed time. All of which is known to the majority of the Commissaries and the Schout; they therefore sentence the par- ties to each pay twenty-five gldrs., for the poor.
Evert Pels does not believe Barent Gerritse should pay for the time during which Hey was detained for his acknowledged theft.
Counter opinion of the Schout and Commissaries: "We deem Barent Gerritsen to be origin and author of all the trouble."
Christiaen Nissen romp, plaintiff, vs. Mathys Roelofsen, de- fendant. Plaintiff demands of defendant proof of his account, which he himself once before consented to give, and says defend- ant's book is false.
By order of the Commissaries, Mathys Roelofsen made out an- other account and found that it tallied with the first one, and at the instance of plaintiff he affirmed it under oath. The Commis- saries order plaintiff to pay defendant the amount sued for.
The Schout, plaintiff, vs. Barent Gerritsen, defendant. Plain- tiff again demands from defendant a vindication of his honor be- fore the Commissaries' Court, before whom this case comes for the third time, the magistrate having been called names. Defendant, Barent Gerritsen, once more asks for time, and demands an account of expenses from Hey Olfersen.
The Commissaries for the last time grant him time until the next session of the Court, when he is to show what injustice has been done him.
Ordinary Session, held Tuesday, July 4, 1662,
Present : The Schout; Evert Pels, Aldert Heymanse Roose, Albert Gysbertsen.
Mathys Blanchan, plaintiff, demands vindication of his honor. Says that Juriaen told his wife that it was reported that Dirck Adriaensen said to her he had seen Matheu Blanchan beat Juriaen Westvael's pig. Defendant Juriaen Westvael and his wife admit
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having heard this from Dirck Adriaensen, and state that Pieter Jan- sen also heard it.
Defendant Dirck Adriaensen denies this, and says he did not say so. The Schout and Commissaries order the parties to pre- serve the peace, and sentence Dirck Adriaensen to pay a fine of six gldrs., for the poor.
Mathys Roeloofsen, plaintiff, demands from Coenraedt Ham payment of the amount of eighty-six gldrs., fifteen stivers, eight pennies, in zeewant. Defendant admits owing plaintiff the amount sued for. The Schout and Commissaries order defendant to pay within fourteen days thirty gldrs., and the balance one month after date.
Tjirick Classen, plaintiff, vs. Pieter Jillessen, defendant. De- fault.
Christiaen Nissen romp, plaintiff, demands from Mathys Roe- loofsen vindication of his honor, under an earlier complaint men- tioned in this register. Whereupon the Commissaries refer both to two good men, and a third, to consider and decide the matter. And in case the good men are unable to mediate between them, the par- ties are referred to the Lord Director General and Supreme Council at the city of New Amsterdam. Such is the order of the Commis- saries, in the absence of the Schout.
Ordinary Session, held Tuesday, October 4, 1662.
Present: The Schout; Evert Pels, Aldert Heymanse Roose, Albert Gysbertsen, Tjirick Classen de Wit.
Grietjen Westercamp, plaintiff, vs. Pieter Jacobsen, defendant. Default.
Classjen Maertens, plaintiff, vs. Pieter Hillebrantsen, defend- ant. The second default.
The Schout, plaintiff, vs. Barent Gerritsen, defendant. Default.
Barent Gerritsen, plaintiff, vs. Juriaen Westvael, defendant. Default.
Willem Vredenburgh, plaintiff, vs. Jan Jansen van Amers- foort, defendant. Default.
Extraordinary Session, held at Wildtwyck this 10th of Octo- ber, 1662.
-
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Present : The Schout; Commissaries, Evert Pels, Aldert Hey- manse Roose, Albert Gysbertsen, Tjirick Classen de Wit.
Hans Carrelsen van Langesont, plaintiff, vs. Andries Jochem- sen, defendant.
Plaintiff says he took defendant in his yacht up the river, and thence above Fort Orange to the Manathans, and then was not able to collect payment; that he again took defendant to Fort Orange, on his promise to pay there, and not being able to get any money there, the defendant signed an obligation for the amount of sev- enty-seven gldrs., in zeewant, due for passage money and money advanced at Fort Orange.
Defendant admits that he honestly and truly owes plaintiff the above mentioned debt.
Andries Jochemsen assigns to plaintiff his claim against Cor- nelis Barense Slecht, on which to collect seventy-seven gldrs., if plaintiff will consent thereto. Plaintiff requests the Commissaries to allow him costs as well, as defendant would not pay the principal before suit. The Schout and Schepens having considered the request, defendant is ordered, within twenty-four hours, to pay twenty gldrs. for costs, in addition to the principal of ninety-nine gldrs.
Ordinary Session, held October 17, 1662.
Present: The Schout; Evert Pels, Albert Gysbertsen, Tjirick Classen de Wit.
Barent Gerretsen, plaintiff, vs. Juriaen Westvael, defendant. Plaintiff demands payment of the amount of three hundred and fifteen gldrs., thirteen stivers, as per obligation to, and assignment by, Evert Pels, the same payable at beaver's price.
Defendant admits the obligation and also that he accepted the assignment, but denies owing the whole debt and says he only owes part of it. The Schout and Commissaries order defendant to pay his signed obligation within six weeks.
Grietjen Hendricks Westercamp, plaintiff, vs. Pieter Jacobsen, defendant. Plaintiff demands of defendant why he denies his child. Defendant answers, and says, "I have my doubts about it."
Plaintiff says that defendant ruined her, and asks that he restore her to honor.
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THE DUTCH RECORDS OF KINGSTON.
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Defendant denies that he ruined her, and says "she must prove this to me," and also denies that he promised to marry her. He asks her when she became pregnant, and when she was de- livered.
Plaintiff says that defendant made her pregnant eight days before Christmas, 1661, and that she was delivered eight days be- fore Kermis [the Fair], 1662. Plaintiff says she conceived at the mill-house of Pieter Jacobsen. Defendant requests two weeks' time. The Schout and Commissaries grant the defendant two weeks' time, and order plaintiff to prove at the next session that defendant ruined her.
Maerten Gerretsen, plaintiff, vs. Pieter Hillebrantsen, defend- ant. Plaintiff demands from defendant payment of twenty-two schepels of wheat due for debts for liquor. Defendant admits the debt. The Schout and Commissaries order defendant to pay within twenty-four hours twenty-five gldrs., in wheat, and to count this from the aforesaid Court day, by virtue of the third default.
Gerrit Herregrins, plaintiff, vs. Roeloof Swartwout, defendant. Plaintiff demands from defendant two schepels of wheat, payment of wages earned by him. The Commissaries order defendant to pay within twice twenty-four hours two schepels of wheat. Plain- tiff shows a certificate against defendant who requests a declaration. The Commissaries order plaintiff to procure his witnesses at the next session of the Court.
The Schout, plaintiff, vs. Barent Gerrissen, defendant. Plain- tiff asks from the Court a vindication of his honor and reputation, and that the same be maintained, because defendant has abused the Court.
Defendant acknowledges that he has spoken evil, and asks the Commissaries that the matter may be amicably settled between the parties. The Commissaries resolve and hereby allow the parties to settle their differences amicably.
Ordinary Session, Tuesday, October 31, 1662.
Present: The Schout; Evert Pels, Aldert Heymanse Roose, Albert Gysbertsen, Tjirick Classen de Wit.
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Hendrick Cornelissen, plaintiff, vs. Marten Hermensen, defend- ant. Plaintiff demands from defendant the amount of ten gldrs., ten stivers. The first default.
Barent Sybrantsen van der Hout, plaintiff, vs. Jan Lootman. Plaintiff demands payment of the amount of thirty-six gldrs. zee- want, for freight and board earned by him. The defendant does not deny the debt, and answers that he is willing to pay six sche- pels of wheat, or thirty-six gldrs., zeewant. The Schout and Com- missaries order defendant to pay within ten days.
Jesyntje Verhagen, plaintiff, vs. Jacob Barense, defendant. Default.
Willem Mertense, plaintiff, vs. Hey Olfersen Roseblom, defend- ant. Plaintiff demands payment for freight from the Manathans to the Hesobes [Esopus], amounting to fourteen gldrs., zeewant. The defendant admits having come here with plaintiff in his vessel. Thereupon the Schout and Commissaries order defendant to satisfy plaintiff.
Sara Pieterse Schepmoes, plaintiff, vs. Huybrecht Bruyn, de- fendant. Plaintiff demands from defendant payment of the amount of fifty-four gldrs., twelve stivers, and costs, according to judg- ment and the order given to the Doorkeeper* at the city of New Amsterdam on July 21, 1661. Defendant denies the debt. The Schout and Commissaries order defendant to pay within twen- ty-four hours, under an earlier sentence of the Burgomasters at the city of New Amsterdam, this at the pleasure of plaintiff. As the defendant denies the debt, he must seek redress before the judge having jurisdiction, at New Amsterdam.
Geertruyt Vosburgh, widow, plaintiff, vs. Marten Harmensen, defendant. Plaintiff demands payment of the amount of fifty.
* This word appears here in the Dutch record as consarsie, and later as con- cergie, i. e., concierge, meaning doorkeeper, or the Dutch Court officer, Deur- waarder. Though some dictionaries translate deurwaarder as a process server, sergeant-at-law, tipstaff, or baliff, in addition to doorkeeper, the revised Eng- lish translation of Simon van Leeuwen's Het Rooms-Hollands-regt, Am- sterdam, 1678, by J. G. Kotze and C. W. Decker, in Commentaries on Roman- Dutch Law, London, 1881-1886, renders the word as Usher or Doorkeeper. The last named form is adopted here and elsewhere in this record as the most appropriate equivalent. The duties of this Court officer, under the Dutch law, differed from those of the Court Messenger or of a Bailiff. The Court Messenger at Wildwyck probably performed the duties of a deurwaarder. For some of these dutles see Deurwaarder, in van Dale's Groot Woordenboek.
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THE DUTCH RECORDS OF KINGSTON.
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three gldrs., eight st., due on debt for liquor, as per account pro- duced by her, and which she says has been taken from her hus- band's book. In addition, there is an account of eighteen gldrs., two st., crossed out in the book. The defendant denies owing her the whole debt, but admits he owes thirty-one gldrs., six st., and says he paid her four beavers on the above itemized bill. The Schout and Commissaries having explained to her, the widow is satisfied with the payment by Marten Harmense of thirty-one gldrs., six st. Accordingly, the defendant is ordered to pay the amount of thirty-one gldrs., six st., and further to prove he paid four beavers.
Tjirick Classen de Wit, plaintiff, vs. Jan Lammersen, defend- ant. Plaintiff demands payment of the amount of twenty-one gldrs., in zeewant. He admits he received on the account one beaver for twelve gldrs. The defendant admits the debt, but says he worked one day at harvest time, and demands five gldrs. for this. Plaintiff says his other laborers worked for one schepel of buckwheat, and that he pays no more.
The Schout and Commissaries order plaintiff to pay one sche- pel of buckwheat for one day's work, and defendant to pay plain- tiff the balance as demanded.
The Schout, plaintiff, demands a five-fold fine of Jan Barense Amersfort for having, in the presence of two Commissaries, smug- gled into this place an anker of wine.
The defendant, Jan Barense Amersfort, denies having smug- gled it. He says he will prove that the soldiers at the Ronduyt [Redoubt] permitted him to discharge the wine, and that they said to him, "The Schout and Evert Pels are present."
The Commissaries grant defendant time until the next session of the Court to furnish proof.
Ordinary Session, held Wednesday, November 1, 1662.
Grietjen Hendriks Westercamp, plaintiff, vs. Pieter Jacobse, defendant.
Plaintiff exhibits to the Schout and Commissaries a certificate and deposition by seven women who certify and declare that they were present at the birth of Grietje Westerkamp's child, and that
J
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she swore three times that Pieter Jacobse was the father of the child. The plaintiff asks for a vinidiction of her honor.
The defendant says plaintiff did not behave as a decent girl should, and produces a certificate of Juriaen Westvael and his wife who declare that Grietjen Westercamp lay under one blanket with Jan van Breeman, with his daughter between them. Defendant, being interrogated, admits having conversed and lain with plaintiff, but did not promise marriage, and, besides, gave her no money for it, and asks if a woman can be thirteen months and four days in the family way.
The Schout and Commissaries order defendant to bring clearer proof at the Court's next session.
Thomas Chambers, plaintiff, vs. Evert Pels, defendant. Plain- tiff demands from defendant payment of the amount of seven hundred guilders, in wheat and in oats, according to bill of sale of a house, barn and lot. The defendant admits the debt, and of- fers to pay next winter, as his wheat it yet unthreshed.
Plaintiff demands immediate payment.
Defendant answers he is unable to pay at once, and offers to restore plaintiff's property and to pay him a moderate rent for the same, if he is allowed his outlay for repairs.
Plaintiff refuses to take back his property, but says he pro- poses to recover his money with costs and accrued and accruing damages. The Schout and Commissaries order defendant to pay plaintiff the amount claimed, within the period of ... .. . etc.
Thomas Chambers, plaintiff, vs. The Schout, defendant. Plain- tiff demands payment from defendant of the amount of forty-six schepels of wheat. Defendant admits the debt, and alleges he has a counter claim. The Commissaries order the Schout to liquidate his account with plaintiff and to pay any balance within six weeks.
The Schout, plaintiff, vs. Thomas Chambers, defendant. Plain- tiff demands three fines, of six gldrs. each, due from defendant's unwillingness and neglect to cart materials for the parsonage when the Commissaries ordered this to be done.
Defendant admits having thrice neglected to cart materials for the Court, and says he is not disposed to cart materials for the general parsonage, either by order of the Schout or of the Schepens.
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Plaintiff demands that the Commissaries impose the fine, and says that, as they promised the fine to the congregation, it ought to have it. Defendant exhibits a certificate in which it is declared that the Schout and some citizens were at the defendants' house, and that the Schout seized some goods there, trying forcibly to take possession of something, and carried it out of the house. For this, defendant now makes a charge of assault against plaintiff, and craves justice. Plaintiff admits he was with others at defendant's house, in order to collect the fine of six guilders for his neglect to cart. He says he received an order and authority from the Com- missaries to make no exception as to any offender, this being for the benefit of those who carted.
The Commissaries sentence defendant to pay eighteen gldrs., for thrice neglecting to cart, and empower plaintiff to deduct the amount of the fines from the debt he owes defendant.
Ordinary Session, held on Tuesday, November 14, 1662.
Present: The Schout; Evert Pels, Aldert Heymanse, Albert Gysbertsen. Tjirick Classen. Default.
Isaack d'Foreest, plaintiff, vs. Barent Gerretsen, defendant. Plaintiff demands payment of one hundred and eighty gldrs., zee- want, as per obligation delivered in Court. Defendant admits the debt. The Schout and Commissaries ask plaintiff to accept a mort- gage on defendant's house, located in this place, which defendant voluntarilly offers. In case of non payment by April 1, 1663, plain- tiff may then take and sell defendant's property until he realizes the amount of the debt of one hundred and eighty gldrs., zeewant, together with costs and interest to the above named date.
Geertruyt Vosburgh, plaintiff, vs. Mathys Roelofsen, defendant. Default.
Hendrick Briesjen, plaintiff, vs. Tjirick Classen, defendant. Default.
Hendrick Bresjes, plaintiff, demands, under power of attorney from Storm Albertse, produced in Court, payment from Barent Gerritsen of the amount of forty schepels of oats, pursuant to judgment of February 7, 1662. The payment not having been made after three warnings, plaintiff asks the court to permit him to
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proceed with the execution. The Commissaries permit plaintiff so to proceed against defendant, through the Doorkeeper.
Bart Sybrantsen, plaintiff, vs. Hendrick Cornelissen, defend- ant. Plaintiff demands payment of the amount of three schepels of wheat, due on the sale of some articles. Defendant admits the debt. The Schout and Commissaries order defendant to pay three schepels of wheat within eight days.
Hendrick Briesjes, plaintiff, vs. Jonas Ransou, defendant. De- fault.
Evert Prys, plaintiff, vs. Albert Gysbertsen, defendant. Plain- tiff demands payment of the amount of twenty-five and one-half schepels of wheat, and also twenty-one gldrs., heavy money, for wages earned. Defendant Albert Gysbertsen admits owing the above mentioned debt. The Schout and Commissaries order de- fendant to pay within six weeks.
Evert Parys, plaintiff, vs. Tjirick Classen de Wit, defendant. Default.
Evert Parys, plaintiff, vs. Aert Pietersen Tack, defendant. Plaintiff demands payment of the amount of eleven and one-half schepels of wheat, for wages earned. Defendant admits the debt, and offers to pay one-half of it within fourteen days, if it so please the plaintiff.
The Schout and Commissaries order defendant to pay the other half within six weeks.
Warrenaer Hoorenbeeck, plaintiff, vs. Jacob Jansen Stouten- burg, defendant. Plaintiff demands two hundred guilders, heavy money, a couple of shirts, a pair of stockings and a pair of shoes, as payment for wages earned. Defendant admits owing plaintiff eighty gldrs., according to the verbal contract between them, and says he paid thirty gldrs. thereof.
Plaintiff admits having received thirty gldrs., and says that as payment has not been made in accordance with the contract, two years having already passed, he requires full payment.
The Schout and Commissaries order defendant to pay plain- tiff, as per contract, eighty gldrs., deducting therefrom the amount already paid, unless plaintiff is able to adduce proof of the agree- ment between them.
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Pieter Jillessen, plaintiff, vs. Roeloof Swartwout, defendant. Plaintiff demands payment of the amount of thirteen beavers. De- fendant admits the debt. The Commissaries order defendant to pay plaintiff the amount of thirteen beavers within ten days, and that the grain shall be attached until the debt is paid.
Ordinary Session, held Tuesday, November 28, 1662.
Present: The Schout; Evert Pels, Albert Gysbertse, Aldert Heymanse Roose, Tjirick Classen de Wit.
Pieter Couwenoven, plaintiff, vs. Jacob Stoutenburgh, defend- ant. Plaintiff demands the amount of thirty schepels of oats and four schepels of buckwheat, sold in 1659 for seed-corn, together with the freight charges thereon. Defendant admits having received the corn with Albert Jansen who bought it from the plaintiff.
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