USA > New York > Albany County > Albany > The annals of Albany, Vol. V > Part 8
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Early Settlers of the Hudson.
and had their kitchens well filled with the colored popu- lation; and their pewter platters, and tin pans and floors shone with the labor of their slaves. The writer of this sketch is a descendant, on the maternal side, from one Capt. H-, who fought in the seven years' war, for our liberties, and whose aunt is now, and has been for many years, mingled with the T- and Van R-, in the Van R- Burial-Ground, and not a tomb-stone to de- signate her grave. How often has her grand-child heard grandmama relate to it in early childhood, her happy days, past in old times with her eight offspring, and her mother-in-law, who was a notable housekeeper, of the Ten Broek lineage, was not to be surpassed in her order and decorum ,and the discipline of her slaves ; not a week passed, unless in sickness, but that the store-room, and the floor and windows, had to undergo a thorough purifica- toin with the aid of soap and sand, and water ; blacks were always at hand. My grandmama loved to entertain com- pany; and many a pleasant cup of tea was taken around the old fashioned stand, from the China cups of tiny di- mensions, brought from Holland, and which my grand- mama never displayed except on social occasions. The sugar-loaf was not suspended in Washington Irving's style exactly from the wall; the beautiful cracked loaf was handed to each guest in a rich napkin sugar bowl. The thin-sliced bread, and butter, and beef, and waffled cakes baked in the old waffel irons brought from Holland, were digested by the strong tea. The many drives across the ice, and the adherence to keeping early hours pro- longed the lives of my ancestors. Time makes havoc in the race of man. Few of the descendants of Green- bush hills are now living. The place that was once my grandsires, has passed into other hands, who take but little interest in preserving its appearance. My mother's home, the snug, Dutch brick house, with a sloping roof, was pulled down, to give a better view to one V-'s modern residence, up the river; and all that remains to designate the spot, is one or two lone apple trees, where my mother so often played with her friend Alida V-, and her younger sisters and brothers ; and my Aunt D ------
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Early Settlers of the Hudson.
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has often said, " what happy hours they had in going to the river-side with their slaves, and seeing them rinse clothes ;" and with fear would enter the kitchen; for the blacks would scold, if they soiled their well scoured floor; and their good, faithful Betty, who took so much pains to curl my Aunt's hair, and dress her clean, and take her to town to visit her Dutch relatives, passed into other hands by the second marriage of my grandmama, and the H-'s are scattered to the four winds. My mother, and aunt's dust, is now mingled in the once " far west ;" only one of their descendants is to be found on the bank, affianced to Mr. Volkert's descendant. The old two hundred year house, has been demolished, and a snug, modern cottage, substituted in its place, and the out grounds remodelized, and the owner enjoys the inheritance of his forefathers with a true patriotic spirit, and his descendants will re- modelize his works.
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THE CITY RECORDS. 1705 TO 1710 .*
Att a Mayors Court, held in ye Citty hall of albany the 27 of march, 1705, - Present, Johannis Schuyler, - Esq' Mayor; Evert Banker, David Schuyler, Johan® Roseboom, Joh Mingael, Hend' Hansen, Esq' ald: Melgert van deuse, Plentive.
Cornelis Van Vechten, Defendt
The Plentives Declaration Read & is as followeth vizt: Mayors Court 4th year of her majes Reign.
Melgt abrahamse, of ye Colony of Renselaerswyck in ye County aforesd, yeoman Complains agst Cornelis Teunise van Vechten of Bethlehem of ye Colony aforesd in ye County afores' yeoman of a plea upon ye Case &e where- upon ye said Melgt by John Collins his atturney saith that whereas ye sª Cornelis anno domini 1680 at ye Dwelling house of ye said Melgt in ye County aforesaid was indebted unto ye said Melkert one hundred and Eighty skippel of good merchandable wheat at six skippel for a Beaver (otherwise cald Twelve shillings) by ye said Melkert to ye . said Cornelis at ye Especial Instance and Request of him ye said Cornelis their and at that time soald and Deliverd and the said Cornelis being so indebted in Consideration thereof did assume upon himselfe and to ye said Melgert did faithfully promise that he the said Cornelis in Consi- deration thereof would well and truely pay to Dirk Teu- nise van Vechten of ye said County now decd, thirty Beavers (otherwise caled Eighteen pounds) upon ye ac- count of him the said Melkert yet the said Cornelis his promise not Reguarding but subtilly Intending him ye said Melgert in that Behalfe to Deceave, the said thirty Bea- vers to ye said Dirk Teunise on the account of him ye
* Continued from vol. iv, p. 199.
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said Melgert hath not as yet payd and for ye said wheat him ye sd Melkert to satisfy hath Refuzed & still doth Refuze to dammage of him ye said Melkert fifteen pounds & thereupon he Brings this suite
The Defend Plea Read Vizt
Cornelis Teunise van Vechten of Bethlehem in ye Co- lony of Renselaerswyk in ye County of albany yeoman by Richd Brewer his atturney makes answer to ye declara- tion of melkt abrahamse of ye Colony & County afores1, that wheareas in ye sd Declaration the said Milkert abra- hamse by his atturney John Collins Complains that ye aforesaid Cornelis Teunise van Vechten is indebted to ye said Melkrt abrahamse for one hundred and Eighty skep- pels of winter wheat, deliverd by the aforesaid Milkert abrahamse to y" said Cornelis Teunise van Vechten in ye year of our Lord 1689 at ye price as it is sett forth in ye declaration aforesaid Cornelis Teunise van Vechten afore- said doth utterly deneigh the Receipt or delivery of any Part or parcel of the aforesaid wheat, either by or to him the sd Cornelis Teunise or his order and further saith not but puteth himselfe on his Countrey.
Albany March ye 26th 1705 JOHN COLLINS
The Plentive by John Collins his atturney doth demur to ye Defendants Plea & saith that it is not good in Law it neither being in barr of ye action brought or in abate- ment of the writt, neither admits ye action to be tryed by his Countrey, and therefore not Issuable and no tryal by Law to be had without Issue joynd. wherefore the Plentive prays a nonsuite against the defendt for such his Irregular proceedings and denies yª Judgemt of this Court therein
JOHN COLLINS
The Defendt by his atturney Richd Brewer, prays that the action may proceed, being willing to Pay ye Costs thus farr The Court, takeing Consideration in ye matter are of opinion that ye action doe proceed, and that ye deft doe pay ye Costs of sute so farr and that therefore the Deft has leave to mend his plea ordered that ye Jury bee cald up viz :- William Claese groesbeek, Elbert gerritse, Gys- bert marselis, Gerrit Ryckse, Gerrit Lansing Jun', Phillip foreest, harmanus wendel, gerrit Luykasse wyngaert,
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Mynd Roseboom, hendk vroman, Isaac Lansing, Jacobus Skuyler.
The Jury Sworne
Hendk oothout, Evidence for ye PLentive Caled & sworne but Remembers nothing of the matter
Evert Ridder Evidence for ye Defendt, caled & sworne & asked what he knows of ye matter saith that about 18 years agoe being at ye house of ye sd Plentive he was de- syred by his wife to make a Certain memorandum & heard say of wheat but Doth not Remember yt ye wheat was deliverd to ye Deft,
The Pl: by his atturney desyres that he may be admit- ted to give his oath in ye premises but not allowed
The Charge given to ye Jury & sent out for a Verdick & a Constable appointed to attend the door of the Room where they goe to.
The Jury doe Return and give their verdict that ye De- fendt is not guilty.
The Deft atturney moves for Judg' of Costs of sute since ye Caling up of y Jury which ye Court takeing into Consideration have graunted Judgt of the said Costs
The Court adjourned till y8 day 24 night
Att a Common Councill held in ye Citty hall of albany ye 5th of ap" 1705 :- Present John Schuyler, Mayor; David Schuyler, John Roseboom, John Cuyler, John Mingael, ald"; Hend othout, frans winne, Ruth van deuse, gerrit Roseboom, Abraham Cuyler, assistance. je M' John Collins desyres yt ye Lott of grounde between Juriaen van hoeses house & lott & ye house & lott of Jon- athan Broadhorst may be sold to him being willing to pay whats Reasonable for ye same ye Commonality are Informed yt ye same ground is Pretended by John Apeell & John Casperse are therefore of opinion that word be sent to ye sd Appeel to appear here ye 24 Instant so that they may make further Inquire in ye matter
May 30 .- The Petition of Jacob Turke Esqr high sher- riffe whereby he Doth pray that in Case ye Commonality doe Renew ye Proclamation Relateing ye Indian trade, they will be pleased to appoint him to Execute ye same
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Ontario
he offering to be Ready at all times to Render a true ac- count of ye forfeits as shall be Reserved therein.
The Commonality have thought Requisete to Issue out ye following Proclamation That no person or Persons whatsoever shall adresse themselfs to any Indian or In- dians nor speak to them off or Concerning Trade nor shall Entice them without ye Citty walls nor in ye County by signs or otherwise howsoever to come & trade with them- selfs or any other persons upon pain & penalty of paying for Each such offence so Committed ye summe of thirty six shillings one forth for ye Behooffe of ye Mayr ald & Commonality & 3 : forths for ye sherriffe who is to sue for ye same within 3 times Twenty four hours after such of- fence is Committed which sherriffe is to be accountable of the fourth part of sd fine when by y" mayr Recorder aldn & Common Councill Required
That no person or persones shall Ride any Indian or Indians on waggon or Cart neerer to ye Citty then to ye first hill westward from ye furthermost Indian house where ye Indian graves are, upon penalty of forfeiting the summe of twelve shillings to be for ye Behooffe as afore- said.
That no person or Persones whatsoever within this Citty of albany doe Presume to Trade or Trafique with or by any means whatsoever directly or Indirectly or In- tice any Indians so to doe or give any gifts upon ye Sab- bath day upon pain and Penalty of forfeiting such goods as so traded for as aforesd as also upon Pain & Penalty of paying as a fine for Each offence ye summe of forty shillings to ye use of such persons as shall sue for ye same, and that this order may bee the more Punctually be ob- served it is ordered that ye Constables by turnes on ye Sabbath day walk ye streets with there Staffs to Prevent · ye Breach of ye Lords day & to hinder all manner of Ir- regularities whatsoever upon the Pain and Penalty of six shillings
It is further Concluded to be Requisite that a warrant be Issued by Mr Mayor to ye Sherriffe Relating the Indian trade in ye County in as strict a form as may be formd according to ye Direction of the Citty Charter
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The Petn of Johans Appel being Read is Referrd to further Consideration
June 18 .- Whereas Diverse Inhabitants of this Citty by there Petition given in Common Councill doe Complain that by the late Proclamation Relateing ye Indian trade (whereby Indians are permitted to be Receivd in houses with there packs) it proves much to ye great disadvantage of those who make profession of Indian trade doe there- fore desyre that such alterations may be made so that ye Indians may not be admitted to lay into ye toune but to Remain in ye houses on the hill
It is therefore Concluded that ye two Indian houses standing on yº hill be Repared by (or at ye Charge of ) all such Inhabitants within this Citty as doe make Profession of trade with ye five nations between this & the 23ª In- stant, to which End Abraham Schuyler, Gerrit Luykasse, Abraham Cuyler, Johans Beekman, Gerrt Roseboom & John Lansing are appointed mannagers thereof who are to give warning to such Professors of trade Either to help to Repair ye said houses or to send a man in their Room to doe y" same & to make Report thereof on y^ 23d In- stant at 6 a Clock at night without faile
June 23 .- The Persones appointed on ye 18th Instant, to be mannagers to see that the two Indian houses on the hill be Repared doe Return that according to ye orders to them Directed ye sd houses are Compleatly Repared in good order, and thereby sett forth that such persones within y& Citty as doe make profession of ye Indian trade · have all been assistant in ye Repareing of sd houses Ex- cept Evert Wendel, Junier, also a professor who hath Refuzed to give any assistance to the said Repareings.
Whereupon ye Common Councill have orderd that ye sd Wendel be brought before them to give sufficient Reason for such Refuze or neglect who doth appear and alleadged that ye said houses are Prejudicial to him & further that he thinks he is no more oblidge to worke at said houses then any oyr Person of this Citty not Concernd in said Trade
Thereupon ye Common Councill have fynd ye sd Wendel ye summe of nine shillings & Concluded that the Mayor
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shall Issue out his warrant for ye Levying ye same in case of Refuzal upon his goods & Chatles.
It is Concluded by ye Common Councill that ye follow- ing Proclamation Relateing the Indian Trade be on mon. day ye 25' Instant Proclamed Viz :- That they doe in her Maj. queen Anns Name Publish and declare that no person or Persons whatsoever within ys Citty shall upon the ar- riveall of any Indian or Indians adresse themselves, nor speak to them off or Concerning Trade nor shall Entice within or without the gates of ye said Citty by signs or otherwise howsoever to trade with themselfs or any other Persons upon pain & penalty of paying for Each such of- fence if Committed without ye gates of ye sd Citty the summe of thirty if within the same ye summe of six sliil- lings one third for ye Behooffe of y" Mayor, aldermen & Commonality and two thirds for the sherriffe who is to sue for y^ same in ye space of three times twenty four hours after such fault is Committed
Thatt no person or Persones within ys Citty shall Pre- sume to take any Indian or Indians (sachims Excepted when by the mayors or any aldermens Lycence) into their houses with pack or pakes of Beaver or Peltry and so trade them upon pain and penalty of paying as a fine for Each Indian or squae thirty shillings one third for ye Com- monality aforesaid and two thirds for ye sherriffe as afore- said and y^ Indian or Indians or squaes with said Packs Immediatly to depart out of ye house without trading di- rectly or Indirectly Provided that ye Indians commonly Caled the River & maquase Indians are free to be admitted unto any Persons house within this Citty with there Packs any Law of ye said Citty to ye Contrary notwithstanding
That no person or persons whatsoever within this Citty shall send out or make use of any Broakers whither Chris- tians or Indians in ye mannagemt of ye Indian trade upon pain & penalty of paying as a fine for Each offence y summe of thirty shillings one third for ye Commonality and two thirds for ye sherriffe as aforesaid
That no person or persons whatsoever within this Citty doe presume to trade or Trafique with or by any means whatsoever directly or Indirectly or Intice any Indians so
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to doe or give any gifts upon ye Sabbath day upon pain & penalty of forfeiting such goods as so traded for as afore- said as also upon pain and penalty of paying as a fine for Each offence the summe of forty shillings to ye use of such person as shall sue for ye same and that this order may be ye more punctually observed it is orderd that ye Constables of this Citty by turnes on ye Sabbath day doe walk the streets with there staffs to prevent the Breach of ye lords day and to hinder all manner of Irregularities whatsoever upon penalty of six shillings
That all Indians (ye Sachims River & mohogg Indians Excepted as aforesd) are ordred to lay in ye Indian houses without ye toune from ye Ist of aprill to ye 14th of octo- ber and are permitted to be Receivd in peoples houses in toune from ye 14th of october to ye first of apll Given in albany this 23rd of June in ye fourth year of her majes Reign Ao Di 1705
God Save the queen
Att a Mayors Court held in the Citty hall of albany the 31th day of July 1705 :- Present, John Schuyler, Esqr, Mayr; John Abeel, Recordr; Evert Banker, Hendk Hansen, Johans Roseboom, Johans Mingael, Esqr, Aldm.
John Gilbert Plentive John Collins atturney at law appear for him
Evert Wendel Junr Defendant
John Collins atturney for the Plentive makes motion that since no Rule in Court is Entred in what time Decla- rations shall be filed & Pleas Entred That the Court will take ye same into Consideration and Enter a Rule for the same, for want thereof now the said atturney Desyres that ye action may be Referrd to ye next Mayors Court to ye End that ye PI : may take Copy of ye s Defendts Plea to Consider of the same
The Court takeing the matter into Consideration doe order that for the future all Declaration to be filed for the Mayors Court shall be filed at or before twelfe a Clock at noon on the Saturday Before ye holding of the said Court & the Pleas at or before twelfe a Clock at noon on the
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monday then following said Saturday and that this action be Referrd untill ye next Mayors Court to be held on ye 24th of august next
The Court adjourned till ys day 14 night
August 14 .- John Gilbert by his atturney John Collins Plentive Evert Wendel Junr Defendant
The Return of ye Corroner for ye Jury & Evidences are allowd by the parties to be a good Return The Declara- tion & Plea being Read the Plentive by his said atturney doth Demurrer against ye Defts Plea Vizt
MAYOR'S COURT .- Demurrer. - John Collins atturney for ye Pl for Demurrer saith that ye Defts Plea is not good in law being duble, and a plea is but one entire act in law, and there cannot be any Issue joynd where that matter is aleadged in ye plea, which is not by law ful prove made question before this Court, and that ye writteing here in Court is as much a declaration as a plea, and setts forth an Injury done to ye deft for which Injury there is no ac- tion brought & that a plea being an entire act of ye party cannot be desided by Judge or Jury the defendt putting himselfe upon his Country as well for ye assault that was made upon him by ye Plentive as for ye Denyal of the assault made by him on ye Plentive whereupon the Plen- tive asks Judgemt of this Court whether the Defendt aught to enter his Plea against ye Plentive in manner and form as is therein sett forth, and thereupon beggs his Costs and Charges and Judgemt against the Defendt for not en- tring a good Plea in law JOHN COLLINS pleg &c
The Court takeing ye sd Plea into Consideration doe allow ye same to be good,
The Jury being Caled vizt Coenraet ten Eyk, Thomas Williams, William Groesbeek, Johannis Groesbeek, Claes Rynier Myndertse, Abraham Kip, Barent Bratt, Johans Beekman, hendk ten Eyk, Daniel Bratt, Harpert Jacobze, Ruth van deuse
The Jury sworne
The Declaration & Plea Read ye Evidences given & the Charge given to ye Jury are sent out for a verdict The Jury doe Return & give in their verdict that they finde ye Defendant not guilty
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The Plentives atturney moves that Judgement may be stopt untill ye next Court day for some Reason which he then will give agst ye verdict
The Court have graunted the same accordingly
Att a meeting of ye Justices of ye Citty & County of albany the 14 August 1705 :- Present, John Abeel, Evert Banker, Hendk hansen, Johs Roseboom, Johs Cuyler, Johs Mingael, Esqrs Justices
Whereas diverse Colrs of ye Citty & County have not done pursuant to ye severall warrants to ym Directed but Neglected to Colect there Respective quotaes to ye £400 Tax to Defray ye Citty & Countys arrears &c
It is therefore Resolved & Concluded since ye sd Colrs have often times been ordred to pay ye sd quotaes Into the hands of anthony Bratt Countys treasurer and yet not done that an order be Issued to James Parker to give notice to ye sd Colectors so neglecting that they pay the full quota according to the several tax list into ye hands of ye Treasurer on or before the 28th Instant upon penalty off suffering as ye act of genlt in that Case hath made and Provided
Att a Mayors Court held in ye Citty hall of albany ye 28 of augst 1705 :- Present John Abeel, Recordr; Evert Banker, Hendk hansen, David Schuyler, Johans Roseboom, Johans Cuyler, Johans Mingael, aldm.
Whereas ye last Court day on ye 14th Instant in ye ac- tion between John Gilbert PI & Evert Wendel Junr Deft ye Jury gave in their verdict that they found ye Defendt not guilty whereupon ye sd Pl by his atturney John Col- lins moved that Judgemt might be stopt for Reasons which ye sd atturney offerd to give in this day against ye sd ver- dict and since ye said atturney doth not appear to give due Reason why Judgemt should not passe according to ye sd verdict, and ye Defendt now appeareing praying that Judgemt may passe accordingly the honble Court doe take ye matter in there Consideration and doe graunt Judgemt against ye Plentive for Costs of sute.
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The Court adjourned till ys 14 night
Before ye adjournmt of this Court, it is Considered upon ye application of James Parker who humbly Prays that such methods may be used whereby ye sd Parker may have ye command of his house now in possession of Levt Ma- thews Shanks for his lodgeing & that oyr lodgeing may be provided for ye sd Lewt ye Court being sencible that ye sd Parker hath now dureing three years Earnestly Requested for Releive in ye matter, doe Constitute & appoint Mr. John Cuyler to addresse to his Excell ye govr for a new ordr to Enable ye mayr aldermen or such oyr persons as His Excell shall appoint to provide other Lodgeing for ye sd Leif at ye Charge of the government
Att a Common Councill held in ye Citty hall of albany ye 7th day of Sepr 1705 :- Present Johannis Schuy- ler, Mayor; Evert Banker, Hendk Hansen, Johannis Roseboom, David Shuyler, Johannis Mingael, aldm ; Gerrit Roseboom, Abraham Cuyler, Frans Winne, Ruth Melgertse, assistants
The Request of Robt Livingston Junr whereby he de- syres that a Certain peece of ground (which formerly was part of a lane or highway scituate, Lyeing to ye west of his pasture ground) may be sold to him, being Read the Common Councill doe take the same into Considera- tion and Referr ye same to their further Consideration in y^ mean time it is ordred that warning be given to Isaac Casperse to appear before ys Common Councill on y" 15 Instant at 4 a Clock
Whereas the Mayor of this Citty doth Inform this Comon Councill that severall Creditors of this Citty for Daly services done doe almost Every day adresse them- selfs to him for payment and since there is no Cash in the Treasurers hands whereby the said Creditors can be satisfyed doth therefore desyre that ye Common Councill will Consider & take some method to Raise a found for to Defray the arrears of the said Citty Charge In con- sideration whereof The Common Councill have Conclu- ded that ye summe of forty pounds be layd assessed & leveyd on ye Inhabitants & sojourners within this Citty
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& order that a warrant be Issued to ye assessors of ye said Citty to make an Estimate of ye sd Estates of ye said Citty & to make Return thereof unto Mr Mayor on or before ye 13th Instant at four a Clock in ye afternoon und there hands and seales
Att a meeting of the Justices of ye Citty & County of albany the 11th Day of Septr 1705 :- Present Johan- nis Schuyler, John Abeel, Evert Banker, Hen Hansen, Johes Roseboom, David Schuyler, Johannis Mingall, Johannis Cuyler, Justices
The sheriff moves against Johannis Groosbeek for 15s. as a fine due to him for not haveing paved before his dwelling house according to a Proclamacon of this Citty. Orderd that the sd ffine be pd to ye sd sheriff
Garitt Roseboom ye same fault same Judgmt Melker Vanderpool ye same fault ye fine of six shillings
· Guisbert Marcelis found in the same fault Judgmt for 15
Ffrancis Pruym the same fault the same Judgmt Jo- hannis Wendler y" same fault but haveing been sick fin'd six shillings
Peter Waldron the same fault Judgmen for six shillings Katherine Hogoboom the same fault Judgmt for 15
Daniell Kelly the same fault Judgmt for 15s
Elisabeth Vanden Uthoff the same fault Judgmt for 15 Albert Rikeman the same fault Judgmt for 15 Evert Rudder the same fault Judgmt for six shillings Nigers Dow ye same fault Judgmt for 15 Evert Jansen ye same fault Judgmt for 15 John Solomanse ye same fault Judgmt for six shill Cornelis Williamse the same fault Judgmt for 15 Abraham Kipp the same fault Judgmt for 15
Sepr 25 .- Takel Dirkse being found in ye fault is fynd in the summe of fifteen shillings
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Att Common Councill held in the Citty hall of albany the 15 day of Septembr 1705 :- Present John Abeel, Esqr., Recordr; Evert Banker, David Schuyler, Jo- hans Roseboom, Johans Mingael, Esqrs , adm; Frans Winne, Ruth Melgertse, Gerrit Roseboom
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