USA > New York > Ulster County > Kingston > The Dutch records of Kingston, Ulser County, New York (Esopus, Wildwyck, Swanenburgh, Kingston) 1658-1684 > Part 7
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Aldert Heymanse Roose, plaintiff, vs. Pieter van hAlen, de- fendant. Plaintiff, under an earlier judgment of the Commissar-
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ies directing defendant's arrest, requests his apprehension outside his own house, until he has proven plaintiff's weights to be false. Defendant, on an examination by the Commissaries, answers that he did not say that plaintiff's weights were false, but that he had not received full weight. At the former session, November 28, 1662,, he roundly declared it be true that he had said so.
The Commissaries, therefore, decide to refer the parties to three good men, Thomas Chambers, Mr. Gysbert van Imbrogh and Sergeant Christiaen Nissen romp, for the purpose of settling, if possible, the difference between them, otherwise to have the de- fendant arrested at plaintiff's request; the expenses to be paid by the party decided to be in the wrong.
EVERT PELS, TIERCK CLASZEN DE WITT,
ALBERT GYSBERTSEN, (x) his mark.
The good men selected not having been able to settle the above dispute, the Commissaries are asked to act as arbitrators. These state that the parties have come to such an understanding that Pieter van Halen declared in their presence that he knew nothing of Albert Heymanse and his wife but what was honorable and vir- tuous, and promised to pay through the Schout the expenses in- curred in the above matter.
EVERT PELS, TIERCK CLASZEN DE WITT, (x) [ALBERT GYSBERTSEN.]
Extraordinary Session, held Saturday, January 29, 1663.
Present: The Schout; Evert Pels, Aldert Heymanse Roose, Albert Gysbertsen, Tjirick de Wit.
Hester Douwens, or her attorney in the absence of her hus- band, plaintiff, vs. Tjirick Classen de Wit, defendant.
Plaintiff demands payment of the amount of three hundred and thirty-two gldrs., eighteen stivers, zeewant, for goods and jewelry furnished to defendant. Defendant reviews the account, says he once verbally settled with her, in the presence of herself and husband, and then owed twenty-six schepels of wheat, a schepel
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of onions and a half a thousand brick. But, owing to plaintiff's pressure, defendant asks for a copy of the account and fourteen days' time to examine it.
The Court decides that defendant shall furnish a sufficient counter-bill within fourteen days, unless he can prove, as claim- · ed, that he settled it with plaintiff. Plaintiff is also ordered to fur- nish a copy of his account.
Ordinary Seession, held Tuesday, February 6, 1663.
Present: The Schout; Evert Pels, Aldert Heymanse, sick, Albert Gysbertse, Tjirick Classen de Wit.
Whereas, the Court has decided to find the rent for the Court room and thus relieve the community, therefore those who shall appear before it to plead or seek justice, shall each pay thirty-six stivers, to be advanced by the plaintiff, at the cost of the loser of the suit, which moneys shall be used to pay the rent of the place where the ordinary sessions of the Court are held.
EVERT PELS,
TIERCK CLASZEN DE WITT.
Jan Broersen, plaintiff, vs. Thomas Chambers, Pieter Cornelis- sen, Elsjen Jans, defendants. Plaintiff again demands an oppor- tunity to testify as to the truth, and for that purpose summoned Thomas Chambers, Pieter Cornelissen, and Elsjen Jans who do not refuse to testify to the truth, but ask the Court to first ascer- tain whether plaintiff's accuser, Christiaen Nissen romp, will af- firm what he said to plaintiff, in which case no witnesses will be necessary.
Regarding this, the Court decides that plaintiff summon the respondent and have him either deny or affirm the accusation.
Pieter Jacobsen, plaintiff, vs. Grietjen Westercamp, defendant. Plaintiff asks, by petition, that the Court grant him justice against defendant. Defendant answers that plaintiff is the father of her child. He denies this, says it is not his child, and offers to affirm upon oath. Which he did before the Court, saying, "I am not the father of the child: So truly help me God Almighty !"
Therefore, the Court decides to allow plaintiff to marry any other person he pleases, and it has also thought it proper, in view of several certificates previously shown by both parties to the
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Court, that plaintiff shall, for the nonce, pay defendant two hun- dred gldrs., on a former acknowledgment made by him that he did not compensate her for lying with her, and he is therefore bound to pay her for that service.
Anthony Cruepel, plaintiff, vs. Roeloof Swartwout, defendant. Plaintiff demands payment of the amount of forty schepels of wheat and thirteen schepels of buckwheat. Defendant admits the debt.
The Court, Commissaries, order defendant to pay plain- tiff the amount claimed, within six weeks.
EVERT PELS, TIERCK CLASZEN DE WITT.
Jan Barense Ammershof, plaintiff, vs. Roeloof Swartwout, defendant. Plaintiff demands payment of twelve schepels of wheat. Defendant admits the debt.
The Court orders defendant to pay plaintiff the amount claimed.
EVERT PELS, TIERCK CLASZEN DE WITT.
The Schout, plaintiff, vs. Barent Gerritsen, defendant. The first default.
Plaintiff demands payment from defendant of the amount due as per agreement on January 9, made in the presence of the Com- missaries. Defendant admits the debt and promises to pay the Schout within twenty-four hours.
The Court orders this to be done, and, if defendant does not comply, the Schout is authorized to enforce the claim.
Roeloof Swartwout, plaintiff, vs. Mathys Roeloofsen, defend- ant. Plaintiff demands from defendant payment of the amount of seven beavers. Defendant admits the debt, but answers that he assigned to plaintiff his claim against Jonas Rantsou, which plain- tiff admits, but says the assignment has not been accepted, and, in consequence, he again enters his claim against the principal [the defendant]. The Court orders defendant to pay and satisfy plain- tiff.
EVERT PELS,
TIERCK CLASZEN DE WITT.
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Jan Jansen Ammersfoort and Cornelis Slecht, plaintiffs, vs. Aert Jacobsen, Jan Willemsen and Hendrick Jansen Looman, de- fendants.
Plaintiffs demand from defendants payment for what each has bought at public sale: Jan owes three hundred and fifty gldrs .; Aert Jacobsen is to pay three hundred and forty-five gldrs., and Hendrick Jansen Looman two hundred and ten gldrs., all according to bill of sale. The defendants admit the debt.
The Court, having heard the respective parties, orders defend- ants, each for himself, to pay plaintiff's for the grain bought of the latter, according to the bill of sale, which is past due.
The Schout, plaintiff, vs. Mattheu Blanchan, defendant. Plain- tiff says that defendant, an inhabitant of this village, does not confine himself to distilling, but has dared to violate the ordinances established by the Director General and Supreme Council for this place, and still unrepealed, providing that those who desire to tap must observe said ordinances until further order. Concerning which the Schout states that defendant sold a half anker of brandy to his brother-in-law, Lowys Dubo, and [that ] when the Court was at defendant's house to gauge, [the defendant,] to account for what had become of his wine, gave as an answer that he had two or three times boiled over into the ashes [i. e., spoiled the product]. And the Court, being informed that on the great piece some mishap has occur- red, went thither with the whole Board on horseback to investigate for the general good how much wine there was and in whose pos. session it was, and found a half anker of distilled water at the house of Lowys Dubo who admitted and declared, in the presence of the Court, that he bought it from his father. And, whereas, the defendant did not declare the wine, the Schout demands his fine.
EVERT PELS,
TIERCE CLASZEN DE WITT.
Jan Albertsen van Steenwyck appeared before the Commissar- ies, and asked that he be granted a convenient lot below the fort, on the bank of the Kill to the southward of Barent Gerritsen's to be used as a tannery and garden. The same is hereby granted to him provisionally, on condition of not building thereon, either now or hereafter, any dwellings or breweries. The lot is eleven rods
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wide and sixteen rods long. Thus measured in the presence of the Court.
EVERT PELS, ALAERDT HEYMANSZ ROOSE, ALBERT GYSBERTSEN, (x) his mark, TIERCK CLASZEN DE WITT.
The matter on the other side [ of the page] between the Schout and Matheu Blanchan having been presented to the Commissaries and having been considered by them and the Court, they find that the ordinance must be observed, and in order to prevent the evils which otherwise might result, and for cause it thereunto moving, the Court condemns the defendant to pay a fine of one hundred and twenty-five guilders, to be applied as follows: One third to the poor, one-third to the Bench, and one-third to the Schout.
EVERT PELS, ALAERDT HEYMANSZ ROOSE, ALBERT GYSBERTSEN, (x) his mark, TIERCK CLASZEN DEWITT.
Ordinary Session, Tuesday, February 20, 1663.
Present: The Schout; Evert Pels, Aldert Heymanse Roose, Albert Gysbertsen, Tjirick Claesen deWit.
Annetjen Aerts, plaintiff, vs. Hendrick Jochemsen, defend- ant. Plaintiff demands an accounting from defendant. Defendanı submits a bill for fourteen guilders, whereupon plaintiff claims four hundred bricks more.
The Court, having heard the parties, through witnesses sum- moned, and information received from Mr. Gysbert van Imbrogh and from Jan Aersen, the smith, finds an omission in the account and orders plaintiff to pay defendant four gldrs., ten stivers, the defendant to supply four hundred bricks to plaintiff and pay the costs incurred.
Huybrecht Bruyn, plaintiff, vs. Jan Jansen van Ammersfoort, defendant. Plaintiff demands from defendant the amount of twelve schepels of wheat, due for wages earned for mason work. Defendant admits the debt, but says that the mason has still to
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plaster the walls. This the mason denies, saying it was not stipu- lated as part of the work contracted for.
The Court orders defendant to pay the amount claimed, but if he can prove that plaintiff contracted to plaster the walls, the defendant shall then receive satisfaction.
Mr. Gysbert van Imbrogh, plaintiff, vs. Mathys Roeloofsen, defendant. Plaintiff demands from defendant payment of the ex- penses incurred in consequence of the judgment given in favor of plaintiff on January 13. Defendant answers that plaintiff attached his money before the judgment was rendered.
The Court, having heard the parties, orders defendant to pay plaintiff fourteen gldrs., eight stivers, for costs incurred.
Evert Prys, plaintiff, vs. Hendrick Jansen Looman, defendant.
Mathys Roeloofsen, plaintiff, vs. Huybrecht Bruyn, defendant. Plaintiff demands payment of the amount of thirteen schepels of wheat due on the sale of some goods. Defendant admits the debt. The Court orders defendant to pay.
Barent Gerritsen, plaintiff, vs. Roeloof Swartwout, defendant. Plaintiff, under a power of attorney shown to the Court, demands payment of the amount of fourteen schepels of wheat. Defendant admits the debt, but says he is entitled to a deduction for two sacks.
The Court orders defendant to pay plaintiff within three weeks.
Barent Gerritsen, plaintiff, vs. Tjirick Classen de Wit, defend- ent. Plaintiff demands, as per adjustment of accounts shown to the Court, the amount of twenty-six schepels of wheat, thirteen gldrs., five st., in zeewant, and five hundred bricks. Defendant admits the debt, and promises to pay within fourteen days, the whole Bench being present.
On February 28, Matheu Blanchan requested permission to appeal, which was granted by the Court.
He offers Christiaen Nissen romp and Lowys Dubo as sureties for the judgment rendered or to be rendered, with the costs thereof.
CHRISTYAN NISZEN,
LOUYS (x) DUBOIS.
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Ordinary Session, held Tuesday, March 6, 1663.
Present: The Schout; Evert Pels, Aldert Heymanse Roose, Albert Gysbertsen, Tjirick Classen deWit.
Pieter Vlamingh, plaintiff, vs. Aert Jacobsen, defendant. Plain- tiff demands payment of twenty-one schepels of oats for wages earned. Default.
Gommert Poulussen, plaintiff, vs Evert Prys, defendant. Plaintiff demands payment of twenty-one schepels of wheat. De- fendant says he does not owe more than nineteen schepels.
The Court, after hearing both parties, orders defendant to pay nineteen schepels of wheat.
Mr. Gysbert van Imbrogh, plaintiff, vs. Altjen Sybrants, de- fendant. Plaintiff demands, under an earlier complaint made before this Court, vindication of his honor against defendant. He produces a certificate made by three witnesses who declare they heard defendant call plaintiff a Jew and that she also called him a sucker. They also declare that she struck his chest so that he fell backward, and that her husband, Mathys Roeloofsen, threaten- ed plaintiff, saying, "If I had you elsewhere, I would teach you something."
Defendant in default.
Roeloof Hendricksen, plaintiff, vs. Thomas Chambers, defend- ant. Plaintiff demands payment of the amount of three schepels of wheat. Defendant answers that, to the best of his knowledge, he paid plaintiff or somebody else on his behalf. Plaintiff offers to testify to the truth of the fact that he never received payment and.that he did not authorize any one to collect the debt for him.
The Court, having heard both parties, grants, at their request, an adjournment.
Hendrick Jochemsen, plaintiff, vs. Annetjen Aerts, defendant. Plaintiff demands vindication of his honor; says that defendant called his wife a whore, and charged him with keeping false books, and watering his brandy. Defendant denies the accusation, states that she said he showed her a false account, as is entered in the minutes of February 20, 1662, and demands proof of the accusation and vindication of her honor because plaintiff called her a whore.
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Plaintiff requests that justice be done him, or otherwise he will be obliged to seek it elsewhere.
An order had been given by the Court to plaintiff, on Febru- ary 6, that the parties should produce proofs, and as plaintiff has no other witnesses than his own wife, both parties are ordered to keep the peace. In addition, Hendrick Jochemse is ordered to pay a fine of twenty-five gldrs., and Elsjen Jans and Annetjen Aerts are each also ordered to pay a fine of six gldrs., to go to the poor, for having used vile and nasty language before the Court.
Jacob Boerhans, Collector for this village, plaintiff, vs. Ilen- drick Jochemse, Wallera deMont, Jonas Rantsou, in default, Wil- lem van Vreedenburgh, in default, Hendrick Jansen Looman, Claes Pietersen, in default, defendants.
Plaintiff demands payment of the excise license for the wine or beer which each defendant has taken in and disposed of. The above named defendants admit the claim.
The Court orders defendants, severally, to pay within eight days, in accordance with the Collector's book, under pain of execu- tion.
Mr. Verleet, for Fop Barense, demands payment of the amount due on settlement of accounts, viz .: Fifty-seven and one-half sche- pels of wheat and one hundred and fifty-four gldrs., eighteen sti- vers, in zeewant, which amounts are due Fop Baranse for building the parsonage, as per adjustment November 12, 1661.
The Schout, as plaintiff, against Fop Barense, on complaints made by Domine Blom to the Magistrates, demands that the money due Fop Barense be held under attachment until he shall ap- pear here to defend himself.
Whereas, the Schout has a case against Fop Barentse, arising from some threatening or abusive language used towards the minis- ter, Domine Harmanus Blom, and others, the Commissaries, there- fore, declare said attachment to be valid, and specially charge the Schout to officially summon Fop Barense to appear before this Court, either in person or by attorney, within six weeks, to answer the complaint now before the magistrates. Done at Wildtwyck, March 31, 1663.
Hendrick Jochemse informs the Court that he has a piece of farm land situated near the wood opposite the Kill, bounded by a
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part of the land of Jeronimus Ebbingh whose lessees cause damage to the petitioner through the pasturing of their horses. He requests that the owners of the meadow lands across the Kill, which are private property, be ordered to fence them in, and to pay for the damage done to the farming land.
The Court orders and directs that every one, who has or intends to have and maintain private meadows on or near cultivated farm lands, shall fence such meadow lands, without encroaching upon his neighbor's property.
We, the undersigned, Aldert Heymanse Roose, Commissary and Elder of the village of Wildtwyck, and Albert Gysberse, Commis- sary and Deacon of said village, make known that before us appeared the worthy Evert Pels, inhabitant of the village of Wildt- wyck, who acknowledged that he actually and in good faith bor- rowed and received from Roeloof Swartwout and Cornelis Barense Slecht, the appointed guardians of the minor children of the late Mathys Jansen, deceased, the amount of one thousand gldrs., in corn, at beaver's value, which he agrees to hold at interest for two con- secutive years, and promises to give as interest one hundred and twenty gldrs., in corn, beaver's value, per annum, being twelve gldrs., per cent, commencing February 15, of the current year, 1663 and terminating February 15, 1665, when he will return and reim- burse the aforesaid principal and the second year's interest. For which purpose he, the appearer, specially mortgages his lands, situated near the village Wildtwyck, and his house, standing in the aforesaid village, which he says are free and unincumbered; and he further generally pledges his person and goods, real and personal, present and future, nothing excepted, placing and sub- mitting them and himself to and under the jurisdiction of all court and judges, adding the costs incurred thereby.
In testimony whereof we, the above named, and the appearer, have subscribed and authenticated these presents with our own signatures. Done at the village of Wildtwyck, this February 15, 1663.
EVERT PELS.
To my knowledge, ALAERDT HEYMANSZ ROOSE.
This is the mark (x) of ALBERT GYSBERTSEN, made by himself. To my knowledge, TIEROK CLASZEN DE WITT.
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1663]
THE DUTCH RECORDS OF KINGSTON.
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Ordinary Session, April 3, Anno, 1663.
Present : The Schout; Evert Pels, Albert Gysbertsen, Tjirick Classen de Wit. Aldert Heymanse, absent.
Mathys Roeloofsen, plaintiff, vs. Jan Jansen van Ammersfoort, defendant. Plaintiff demands payment of the amount of fifty-eight gldrs., fourteen st., eight pennies, due on a debt for liquor. De- fendant admits the debt.
The Court orders defendant to pay plaintiff within six weeks.
Evert Pels, Commissary, as attorney for Jan Dircksen van Breeman, plaintiff, vs. Mathys Roelofsen, defendant. Plaintiff demands payment of the amount of three hundred and eighty-one gldrs., two st., heavy money, and also twelve schepels of wheat, due for wages and goods sold. Defendant answers that he has a counter claim, and that, after balancing accounts, he would owe twelve gldrs., zeewant.
The Court orders the parties to adjust their accounts between themselves and to inform it, at its next session, of the result.
Johanna Ebbingh, plaintiff, vs. Pieter Bruynsen van Boohee- men, defendant. Plaintiff demands payment of four beavers, two and one-half of which had been loaned and one and one-half of which were for goods furnished. Defendant admits he received the goods and the beavers, but says he does not owe plaintiff anything, as the latter did not keep her promise to let him learn a trade. Plaintiff answers that about two years ago they mutually agreed regarding the debt specified above.
The Court, after having heard both parties, orders defendant to pay plaintiff, and to give satisfaction for the amount claimed.
Pieter Mathysse, plaintiff, vs. Aert Jacobsen, defendant. Plaintiff demands payment of the amount of twenty-one schepels of oats, due for wages earned. The second default.
Thereupon the Court orders defendant to deposit the twenty- one schepels of oats in Court as provisional security, and to appear before it a third time.
Ordinary Session, Tuesday, April 17, 1663.
Present. The Schout; Evert Pels, Albert Gysbertsen, Tjirick Classen de Wit, Aldert Heymanse Roose, in default.
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Geertjen Bouts, plaintiff, vs. Aert Mertense Dorn, defendant. Plaintiff demands payment of the amount of thirty schepels of wheat due on an obligation, and says he journeyed many times to this place to obtain payment. Defendant admits the debt, accord- ing to obligation.
The Court orders defendant to pay plaintiff.
Roeloof Hendricksen, plaintiff, vs. Thomas Chambers, defend- ant. Plaintiff demands payment of the amount of three schepels of wheat for wages earned. Defendant in default.
Whereas, plaintiff and defendant were in Court once before, and requested an adjournment, the defendant is therefore ordered to deposit the three schepels of wheat in Court as provisional se- curity.
Cornelis Barense Slecht, plaintiff, vs. Aert Jacobsen, defend- ant. Plaintiff demands payment of the amount of eight and one- half beavers on which thirty-three schepels of oats have been paid, due for wages earned. Default.
Cornelis Barense Slecht, plaintiff, vs. Jan Willemse, defendant. Plaintiff demands payment of sixty gldrs. heavy money, and twen- ty-four gldrs., zeewant. Default.
Albert Gerritsen, plaintiff, vs. Annetjen Aerdts, defendant. Default.
Mr. Gysbert van Imbrogh, plaintiff, vs. Altjen Sybrants, de- fendant. Plaintiff enters a complaint against defendant for as- sault and for being called a slanderer. Requests vindication of his honor and punishment of defendant, as provided by law.
Defendant presents a certificate of two witensses who offer to testify that Mr. Gysbert van Imbrogh called Altjen Sybrants a heap of dung, and that thereupon Altjen Sybrants called Mr. Gys- bert a Jew and a sucker, and threatened one of the witnesses, and said to Mr. Gysbert, "If I had you elsewhere, I would show you what it means to call me a heap of dung." This complaint of Mr. Gysbert van Imbrogh, now made for the third time, and his former appearance, have preforce moved the Court to proceed to punish- ment, so as to serve as an example to others. The Court allows each of the parties fourteen days' additional time, without exten- sion, to prove their allegations, and then will give judgment.
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Christiaen Nissen romp, plaintiff, vs. Aert Mertense Dorn, ut- fendant. Settled.
Aert Mertense, plaintiff, vs. Roeloof Swartwout, defendant. Plaintiff demands payment of the amount of one hundred and two gldrs., as per settlement of accounts shown to the Court. The de- fendant admits the debt.
The Court orders defendant to pay plaintiff.
EVERT PELS, TIERCE CLASZEN DE WITT.
Christiaen Nissen romp, plaintiff, vs. Evert Pels, defendant. Plaintiff, demands payment of the amount of ten schepels of wheat due for servant's wages assigned to him. Defendant answers he does not owe more than three schepels of wheat on the old account. and requests a bill for the thirty gldrs. which Christiaen says he owes for brandy, and says, "I would certainly have paid you if you had not summoned me before the Court."
Plaintiff says he settled with defendant, saying, "If I had you outside I would teach you something." He says his claim is just, and offers to swear to it, as he is voluntarily doing by the oath he has taken.
The Court orders plaintiff to furnish & proper account, and de- fendant to pay the same within one month after its receipt.
On April 20, 1663, Hester Douwens sued for a writ to attach two horses belonging to Jan Dircksen van Breeman, now with Jur- iaen Westvael.
Ordinary Session, held Tuesday, May 1, 1663.
Present: The Schout; Albert Gysbertsen and Tjirick Classen de Wit. Evert Pels in default.
Roeloof Swartwout, plaintiff, vs. Poulus Tomassen, defendant. Plaintiff alleges that defendant hired and bound himself out, to- gether with Jan Muessen, each as principal, to thresh all the corn, and as the defendant voluntarily allowed his comrade to go, and himself now has also run away from the work he contracted to do, plaintiff therefore, after due protest, requests permission to sub. stitute and keep somebody else at the work, at defendant's cost and expense, to do the threshing contracted for. He also requests pay-
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ment for a small keg of soap and security for its value and costs in- curred.
Defendant answers that plaintiff was willing that his mate should depart. Plaintiff admits he was willing, as he relied on his contract which provides that each shall be liable as principal.
The Court orders and directs defendant to bear three parts of the expenses, provided plaintiff shall put somebody else at defend- ant's work to finish the threshing, plaintiff to bear the fourth part.
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