USA > New York > Ulster County > Kingston > The Dutch records of Kingston, Ulser County, New York (Esopus, Wildwyck, Swanenburgh, Kingston) 1658-1684 > Part 9
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Witness,
MATTHEUS CAPITO, Secretary.
The following ordinances were passed by the Schout and Com- missaries at Wildwyck.
CONCERNING BEER EXCISE.
The Honorable Court having seen that licenses for beer have been discontinued during the late troubles, and finding that very little revenue is produced from wine, and as beer as well as wine is sold at retail, and this does not profit the buyer, the Honorable Court advises that from now on no one shall, under the penalty heretofore announced, sell any more beer without having first duly paid the excise to the Collector, Jacob Boerhans.
Done at Wildwyck, this October 9, 1663, at a meeting of Schout and Commissaries.
CONCERNING WOLF CATCHING.
Whereas, great damage in and about the region of Wildwyck is done to pigs, calves, and other cattle, by that destructive ani- mal, the wolf, tending greatly to retard the inhabitants of this place, who would prefer that their pigs and cattle increase; Now, in order to prevent this damage as much as possible, the Hon- orable Court, here, has resolved and promises to pay twelve guild- ers, zeewant, to any one shooting, catching or taking, in any man- ner, a male wolf, and eighteen guilders, in zeewant, for a she wolf. For the purpose of raising this money, the Schout and Commissar- ies of the village of Wildwyck order every householder engaged in farming to contribute at once, for every wolf caught and brought in, one guilder in zeewant. The wolf catcher must also bring the captured wolf to the Schout's house for inspection.
Thus done at a meeting of Schout and Commissaries, at Wild- wyck, this October 9, 1663.
Roelof Swartwout, Schout, plaintiff, vs. Paulus Tomassen, de- fendant. Plaintiff complains of defendant, that on October 7, be- ing Sunday, a gun was discharged by one Arent Jansen, which was
.
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heard and seen by Captain Lieutenant Cregier who had him tak- en to jail, and that immediately thereafter another shot was fired, at the house of Aert Martensen Doorn. The plaintff hearing this, went to the aforesaid house, saying, "Friends, it looks as if this had . been done to spite us."
Whereupon defendant answered, "I fired off a gun that was loaded long ago." To which the plaintiff made answer: "Very well; if you did it I will know how to get satisfaction from you for it." The defendant to this replied, "See here, Schout, I'll shoot you some day." Whereupon plain- tiff wanted to arrest him. Defendant at first refused to go along, but upon arriving at plaintiff's house he resisted plaintiff with acts as well as words, and while following plaintiff to the guard house kept threatening and hitting him, and after he had been put in the guard house defendant went so far as to hit plain- tiff on the head, so that he stumbled over.
Whereupon the following interrogatories were had :
Interrogatories to Paulus Tommassen, defendant.
Present-the Honorable Court.
Questions :
1. Did the defendant on Sunday, October 7, at the house of Aert Martensen Doorn, discharge a gun? Answer. Yes.
2. Was defendant drunk or sober at the time? Answer. He was drunk.
3. Where did he get the wine? Answer. He had the wine in his little chest.
4. Did he refuse to go to prison? Answer. The Schout knows all about this. .
5. Did he strike the Schout on the street or at the Schout's house ? Answer. No.
6. Did he strike the Schout at the guard house ? Answer. He denies this.
The Schout requests that defendant be again put in prison. This is granted by the Honorable Court.
Done at Wildwyck, October 9, 1663.
On Saturday, October 6, a meeting was held by the Honorable Council of War and the Honorable Court at Wildwyck, at which were present :
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Marten Cregier, Captain Lieutenant; Christiaen Niessen, En- sign; Evert Willem Munnick, Peter Ebel, Jan Peersen, Sergeants; Roelof Swartwout, Schout; Albert Gysbertsen, Tjerck Claesen de Wit, Gysbert van Imborch, Commissaries.
Captain Lieutenant Marten Cregier and the Council of War having, on September 26, given Schout Swartwout an order that no strong drink be sold to the militia or to the Indians, as they wish- ed to hold them in readiness for the coming expedition, the Schout went personally to notify the householders at Wildwyck. On ar- riving at the house of the wife of gunner Mattys Roelofsen to in- form her thereof, she told the Schout that he might cleanse his anus (beg your pardon) with the order. On the complaint of the Schout, the Captain Lieutenant expressed to the Council of War and the Commissaries of Wildwyck, here specially assembled, his re- gret for the act which, if not done to insult the Council of War ยท and those who commissioned it, is still not to be tolerated in decent places.
Whereas, the Schout has met with insult from the gunner's wife above named, on account of this order, he requests that she be punished therefor, in order that so impudent and shameless a per- son may, in this case, receive what she deserves, and thus be made an example to others.
Aeltje Sybrants, wife of Mattys Roelofsen, was summoned be- fore the Honorable Council of War and Commissaries at Wild- wyck and asked by the Captain Lieutenant in reference to the afore- said complaint, whether she did not say that the Schout might cleanse his anus with the order mentioned, whereupon she an- swers that she did not say any such words to the Schout, and that he must prove this; that the Schout lied about the matter, and that he treated her in this manner out of spite.
The Schout called in proof Heyltje Jacobs, wife of Jan Brocr- sen, who testifies before the Council of War that she heard that the wife of Mattys the gunner had some words with the Schout, but is not prepared to say truthfully that she also addressed the afore- mentioned scandalous words to the Schout.
Grietje Jacobs, wife of Willem Jansen, was also called, and testified before the Council of War that she heard there was much
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wordy war between the Schout and the gunner's wife above named and that among other things she said to the Schout, kiss my anus.
Aeltje Sybrants was again called to the stand and, being in- formed of the foregoing testimony, did not deny she had had words with the Schout, nor that she may possibly have said to him, kiss my anus.
The Schout, Swartwout, is ordered to submit additional proof in this matter.
Thus done at the session aforesaid, the day and year above stated.
On Wednesday, October 10, 1663, a session was held at Wild- wyck by the Honorable Council of War and the Honorable Court of Wildwyck.
Present: Marten Cregier, Captain Lieutenant; Christiaen Niessen, Ensign; Evert Willem Munnick, Jan Peersen, Sergeants ;. Roelof Swartwout, Schout; Albert Gysbertsen, Tjerck Claesen de Wit, Gysbert van Imbroch, Commissarics.
The Schout, Swartwout, appearing before the Honorable Coun- cil of War and the Honorable Court at Wildwyck, submits, in ac- cordance with the foregoing order, proof, in writing, by Willem Jansen Schut, dated October 8, last, confirmed under oath in the presence of two Commissaries, reading thus :
Deponent above named declares that, at the reading of the order given to the Schout by the Captain Lieutenant, and while leaving the house of Jan Broersen, he heard Aeltje Sybrants, wife of Mattys Roelofsen, say, "Tut, tut, it's only a trifle; cleanse your fundament with it." Deponent does not know the meaning of these words.
Aeltje Sybrants, the defendant, called to the stand and being shown by the Schout the deposition, signed as aforcsaid, denies the same, and says she did not say the said words to the Schout.
Having seen and heard the obduracy of defendant, Aeltje Sy- brants, in denying the truth of the proofs adduced, which are ac- cepted by the Honorable Council of War and the Honorable Court here, and the Schout also being deemed worthy of belief, officially, the Honorable Council of War and the Honorable Court at Wild- wyck, therefore, being desirous of preventing all slander and vile
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language, and of punishing the same as an example to others, here- by sentence and condemn Aeltje Sybrants, the wife of Mattys Roc- lofsen, for her use of vile and foul language in contemning and vili- pending the order given to the Schout, to pay a fine of one hundred Carolus guilders, and the costs, to be applied as usual, and to be paid within the next fourteen days, under penalty of issuance of execu- tion.
Done at Wildwyck the day and year above mentioned. Sign- ed by the Honorable Council of War and the Honorable Court of Wildwyck.
Note .- The Honorable Council of War and the Honorable Court at Wildwyck decree that the Sehout, being prosecutor, shall receive two-thirds of the fine to be paid by Aeltje Sybrants, and that one-third shall be for the Church at Wildwyck. Done at Wildwyck, October 10, 1663.
Roelof Swartwout, Schout, plaintiff, vs. Aert Jansen, defend- ant. Plaintiff lodges a complaint against defendant for having fired a shot on Sunday. Defendant does not deny he fired once. He is therefore sentenced by the Honorable Council of War and the Honorable Court to pay plaintiff a fine of nine gldrs., being three gldrs., as per ordinance, for each shot, and six gldrs., because he did it on Sunday during the sermon.
Given at Wildwyck this October 10, 1663, at the session of the Honorable Council of War and the Honorable Court at Wildwyck.
Willem Jansen Schut called on October 10, 1663, on the Schout. Roelof Swartwout and complained that he, Schut, had been assailed by Aeltje Sybrants, wife of Mattys Roelofsen, who said to him that in his deposition he testified falsely against her. Wherefore, then, for fuller information in the matter, Jan Peersen, Sergeant, and Jacob Boerhans, Clerk, both officers of the Honorable Com- pany, were dispatched with said Willem Jansen, to ascertain if she would confirm these spoken words. Upon their return they reported that she disavowed her spoken words. Notwithstanding this, the appearer aforenamed requests the Honorable Court here that he may have justice done to him.
Thus entered the day and year above mentioned, at Wildwyck, in the presence of the Captain Lieutenant Marten Cregier. To which I certify. MATTHEUS CAPITO, Secretary.
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Extraordinary Session, held Tuesday, October 16, 1663.
Present: Roelof Swartwout, Schout; Albert Gysbertsen, Tjerck Claesen de Wit, Thomas Chambers, Gysbert van Imbroch, Commissaries.
Resolution passed relative to late comers on the Bench.
To prevent any disorder in convening the Inferior Bench at Wildwyck, it is resolved and ordered by the Honorable Court here, that any of those constituting the Bench arriving later than the hour fixed shall be fined twenty stivers, for the benefit of his colleagues. Done at Wildwyck, as above. In my presence. To which I certify.
MATTHEUS CAPITO, Secretary.
There was presented a note signed by the Captain Lieutenant, Marten Cregier, dated October 10, stating that Lieutenant Hen- derick Jochemsen has suffered and is yet suffering inconveniences from the militia who use his home as a guard house, which makes it burdensome to him. The Captain Lieutenant therefore requests that the aforesaid Henderick Jochemsen be relieved from this bur- den, and that the Honorable Court cause a guard house to be built for the militia.
Lieutenant Henderick Jochemsen having been summoned to appear in the Council room of the Court in the matter, and having been asked if he would consent to harbor the militiamen four or six weeks longer in his house, as at present no materials can be had for building a guard house, leaves to the discretion of the Hun- orable Court here the amount of compensation to be paid him dur- ing the period.
The Honorable Court, considering that one inhabitant alone should not bear all the burdens, and that he has consented to suf- fer the inconvenience of having the militia at his house four or six weeks longer, and as the soldiers have been quartered in his house since June 7, and will continue there four or six weeks lon- ger, has therefore allowed him, as compensation, fifty guilders, in zeewant.
Thus done at the session above mentioned.
Reynier Pietersen Schipper, [skipper], presents an account against Henderick Jansen Looman, amounting to four schepels of wheat, and requests payment.
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Roelof Swartwout, Schout, plaintiff, vs. Jacob Janse de lange [the long], defendant. Plaintiff requests that defendant tes- tify in the case of the prisoner Paulus Tomassen, and state if he did not hear the prisoner say, "Schout, I'll shoot you." De- fendant answers that the said words were spoken by the prisoner Paulus Tomassen at the house of Aert Martensen Doorn.
Roelof Swartwout, Schout, plaintiff, vs. Dirreck IIendericksen, defendant. Second default.
Gerret Willemsen, Corporal in the service of the Honorable Company, called before the Court here, declares that when the Schout placed Paulus Tomassen in custody in the guard house, said Tomassen struck the Schout's head there, so that the Schout fell over the sweat bench. Paulus Tomassen having been accused at the last session of the Court by the Schout, Roelof Swartwout, is once more interrogated :
1. Whether he said to the Schout, at Aert Martensen Doorn's house, "Schout, I'll shoot you some day." Answers, that he was drunk and does not know whether he said this then, but says he said it later.
2. To be brought to jail, he was at the Schout's house. Whether he did not refuse to go with the Schout to jail. Answers, yes, he refused.
3. Whether he did not strike the Schout in the guard house. Answers, he does not know if he struck the Schout in the guard house, but that he heard from others that he had done so.
4. Whether, being put under arrest by the Schout, he beat the latter on the street and hit him with his fists. Answers, he neither beat the Schout nor knocked against him, but that he warded off the beating which the Schout gave him on the street.
The Schout asks whether this confession by the prisoner Paul. us Tomassen is sufficient. If not, he will produce fuller and stron- ger testimony. The Honorable Court orders the Schout to submit his demand against the prisoner.
THE SCHOUT'S DEMAND.
Roelof Swartwout, Schout, prosecutor, against Paulus Tomas- sen. The plaintiff demands that, though the prisoner ought to be punished criminally by the Honorable Court, yet, as the Honor- able Court has no power to inflict such punishment, the prisoner be
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sent to the Director General and Council of New Netherland, there to be duly punished.
DECISION OF THE HONORABLE COURT.
The Honorable Court, having heard the Schout's demand, as also the witnesses produced and the confession of the prisoner, Paulus Tomassen, himself, orders the prisoner, Paulus Tomassen, to settle this matter with the Schout, or to work for one month on the dam, at his own expense, and to pay all costs that have been incurred; and, in case he cannot arrive at a settlement with the Schout, that he shall give bail to the Court against running away, or shall be chained while working on the dam.
Resolutions concerning the erection of the fortifications of this village of Wildwyck.
A note from the Captain Lieutenant, dated October 15, was read to the Honorable Court requesting that the palisades for this village of Wildwyck be repaired and renewed, so as to serve for de- fense. After the reading, the Honorable Court decides that there is an urgent necessity that this village be properly provided with good and new palisades, and therefore orders and directs every farmer to properly fence his lot, renewing the old palisades; and that the rest of the people, inhabitants or bur- ghers, possessing thirty-nine lots in this village, shall, from the watergate up and along the curtain walls to Aert Pietersen Tack's lot, properly repair and replace the old with new palisades of at least two feet in circumference, the thicker the bet- ter, and of a height of thirteen feet, according to the extent of the locality and as the Honorable Court may deem necessary. This renovation and enclosing shall commence next Monday, October 22. Wherefore, every inhabitant of this place is notified to appear on said day at about seven o'clock, at the gate near Hendrick Jochem- sen's house, there to be enrolled, for the purpose of commencing said work, and to remain at it until completed, on pain, for neglect or unwillingness, of three guilders for the first offense, twice as much for the second, and increasing so on three guilders.
Thus done, at the session of the Schout and Commissaries of this village of Wildwyck, this 16th day of October, 1663.
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Ordinary Session, held Tuesday, October 23, 1663.
Present: Roelof Swartwout, Schout; Tjerck Classen de Wit, Thomas Chambers, Gysbert van Imborch, Commissaries.
Roelof Swartwout, Schout, plaintiff, vs. Aert Jacobsen, de- fendant. Defendant is asked by plaintiff what he has to say to the Honorable Court, in view of the record of the previous session of October 9-handing him the papers. Defendant humbly asks forgiveness, saying that, if he said anything which unguardedly es- caped his lips, may the Honorable Court pardon him therefor.
Plaintiff demands that defendant be punished for the afore- said words, either by a money fine of one thousand guilders, or that he be referred in this matter to the Director General and Council of New Netherland.
The Honorable Court, having heard the Schout's demand and also the humble repentance of defendant, besides his confession,, sentences defendant, Aert Jacobsen, to pay a fine of twenty-five gldrs., with costs, the fine to be applied as usual.
Plaintiff requests an appeal hereupon, which is granted by the Court.
Roelof Swartwout, Schout, plaintiff, vs. Aert Jacobsen, de- fendant. Plaintiff appears against the defendant for desecrating the Sabbath, having appeared against him on October 9, and having handed him a copy of the papers. The defendant appearing, says he has nothing to offer, in view of the foregoing papers, to prove that the Sabbath had expired.
The Honorable Court sentences defendant to pay the plain- tiff a fine of one pound Flemish [six guilders or $2.40], in this case.
Roelof Swartwout, plaintiff, vs. Roelof Hendericksen, defend- ant. Plaintiff demands payment of ten schepels of wheat for thir- teen days' carpenter work, according to contract. Defendant says he worked eight and one-half days in reduction of the ten schepels of wheat, and remained idle all summer, during which time he was not sought by plaintiff, and later only after he had become bound to some one else.
The Honorable Court, having heard both parties, orders de- fendant to satisfy plaintiff for the remainder of the thirteen days. being three and one-half days of work.
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Roelof Swartwout, Schout, plaintiff, vs. Jan Broersen, defend- ant. Plaintiff demands a fine of seventy-five gldrs. for violation of the ordinance of August 4. Defendant says he is not liable for the payment of a fine to plaintiff, but that his farmer, Juriaen West- phael, in whose employ he was, must pay the fine.
Roelof Swartwout, Schout, plaintiff, vs. Jacob Barents Cool and Jan Jansen van Oosthout, defendants. Plaintiff demands from Jacob Barents twenty-five gldrs., and from Jan Jansen van Ooster- hout seventy-five gldrs., fine for violating the ordinance of August 4.
Juriaen Westphael, answering for Jan Broersen, Jacob Barents Cool and Jan Jansen van Oosterhout, allows himself to be recorded in their place.
Aeltje Claes, appearing before the Honorable Court, requests that the estate left by Claesje Teunissen, deceased, be administ- ered by the Honorable Court, which request is granted.
Roelof Swartwout, Schout, plaintiff, vs. Ariaen Gerretsen, de- fendant. Plaintiff demands from defendant a fine of twenty-five gldrs. for impounding his horses and carting for Tjerck Classen, a fine of fifty gldrs. for violating the ordinance of August 4, and twenty-five gldrs. for refusing to cart in the service of the Honor- able Company on the strand.
Defendant answers, regarding the seizure of his horses, that he was not allowed to keep them in the Fort, but that they had to find their fodder in the field where his children were. The Schout put down their names. With regard to the fine of fifty gldrs. for violating the aforesaid ordinance, he refers to Tjerck Claesen de Wit who employed him at the time. With regard to his refusal to cart on the strand, he answers he was there at the time and carted the biggest load.
The Honorable Court, having heard defendant's confession, orders him to settle with plaintiff, because his children were in the field with the horses, contrary to the ordinance.
Concerning the fine for driving for Tjerck Claesen, the de- fendant must show that Tjerck Claesen made himself responsible therefor, which defendant offers to prove.
Concerning his refusal upon the strand, the Honorable Court acquits defendant, because he afterwards did his duty.
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Tjerck Claesen de Wit, plaintiff, vs. Evert Pels, defendant. Plaintiff complains that defendant during harvest time caused one of plaintiff's pigs to be shot. Defendant demands proof. The Honorable Court orders plaintiff to adduce proof.
Evert Pels informs the Court that Juriaen Westphael received a letter from Jochem Ketelheem at Fort Orange, and requests a copy thereof, which is allowed him.
Tjerck Claesen de Wit and Albert Gysbertsen, curators of the estate left by Hendrick Looman, having summoned Juriaen West- phael before the Honorable Court here, the question was put to him, Juriaen Westphael, whether he knows any more about the estate left by said deceased than is shown by the inventory. Where- upon the aforenamed Juriaen Westphael declares, upon his word as a man, that he knows no more, unless perhaps that, among the ef- fects of Jan Albertsen, there were uppers for two pairs of shoes.
Hilletje Hendericks, having been summoned before the Honor- able Court, declares under oath she does not know of any other property of Willem Jansen Seba than what has been inventoried. She requests immediate payment of the account she has rendered, and in addition three months' stable rent for Willem Jansen Seba's horse, amounting to two and one-quarter schepels of wheat.
Cornelis Barentsen Slecht, having been summoned before the Honorable Court by the curators of the estate of Willem Jansen Seba, is once more called upon to render an account between him- self and Willem Jansen Seba. He requests for this purpose four- teen days' more time, which the Honorable Court allows him.
Elsje Gerrets, plaintiff, vs. Christiaen Niessen romp, defend- ant. Second default. Plaintiff says that defendant has a pillow belonging to her, which he retains. Requests that he fetch said pillow to Court to compare it with another pillow belonging to plaintiff. Defendant is allowed a third default.
Gysbert van Imbroch, plaintiff, vs. Annetje Ariaens, wife of Aert Pietersen Tack, defendant. Plaintiff demands that, pursuant to mortgage, defendant be not permitted to alienate or estrange the gathered grain before he has first been paid. Defendant an- swers that if plaintiff will undertake to pay her debts she will then get out and leave, and adds thereto that the debts contracted by her
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for food during harvest time must also be paid, otherwise she could not have taken in the crops.
The Honorable Court, having heard both parties, finds that, according to the obligation, defendant must not appropriate or decrease, much less alienate, any of the grain, without the knowl- edge and consent of the plaintiff.
Jacob Joosten, plaintiff, vs. Annetje Ariaens, defendant. Plaintiff demands from defendant five schepels of wheat, which de- fendant admit he owes. The Honorable Court orders defendant to pay plaintiff the said amount.
Roelof Swartwout, Schout, plaintiff, vs. Jacob Jansen de lange [the long], defendant. Third default. Plaintiff demands pay- ment of a fine of seventy-five gldrs., legally due after a third de- fault.
The Honorable Court orders defendant, for not appearing be fore it after a third default, to pay the full fine to plaintiff, and alsc to pay the costs.
Roelof Swartwout, Schout, plaintiff, vs. Albert Heymans, de- fendant. Plaintiff enters suit against defendant on a complaint of the Commissaries, Tjerck Claesen, Albert Guysbertsen and Gysbert van Imbroch, that defendant publicly accused them of being deceitful in carrying out their ordinances, and that they did not do justice in accordance therewith.
Defendant says, that the Court did not act in accordance with the wording of the ordinance, and demands a copy of the record herein.
The Honorable Court orders Tjerck Claesen, Albert Gysbertsen and Gysbert van Imbroch, at its next session, to furnish proof of the foregoing complaint, in conformity with their own statement.
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