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\
THE RECORDS OF
NEW AMSTERDAM
FROM 1653 TO 1674 ANNO DOMINI
EDITED BY
BERTHOLD FERNOW
VOLUME 1.
MINUTES OF THE COURT OF
BURGOMASTERS AND SCHEPENS
1653-1*55
PUBUSHED UNDER THE AUTHORITY OF
THE CITY OF NEW YORK
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MDCCCXCVII,
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Copyright, x897» by
THE CITY OF NEW YORK
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INTRODUCTION.
This work contains the earliest Dutch Records that have been
preserved of the territory included in the present City of New York,
the earlier ones having long ago disappeared. These arc ** The
Minutes of the Burgomasters and Schepens of New Amsterdam from
1653 to 1674," but contain a very few entries preceding the former
date. They are contained in six folio \^lumcs of manuscript, in
the Dutch language, as spoken and written in the middle of the
seventeenth century; and are preserved in the Manuscript room of
the City Library in the City Hall. Until the earlier part of this cen-
tury they remained as they were written. Then the first of the six
volumes was translated for the municipality by a gentleman named
Westbrook, but not well done, and with it his labors ended. The
next step was not taken till 1848. On the twenty-second of
January in that year, the Mayor approved a resolution of the Com-
mon Council, appointing Edmund B. O'Callaghan, M.D., the
author of the History of New Netherlandy and editor of the four
volumes of the Documentary History of New York and of the
eleven volumes of the Documents Relating to the Colonial History
of the State of New York (two works published by the State), to
translate the remaining five Dutch volumes.
iv Introduction.
Dr. O'Callaghan, who was a competent Dutch scholar, com-
pleted the task, and his five volumes of translations, together with
the one volume of Mr. Westbrook's translations, have remained
side by side with the six original Dutch volumes in the Manuscript
department of the City Library unprinted, and practically unknown
except to a very few students of history. The late Mr. Henry B.
Dawson, it should, however, be said, published some few pages of
the translations in his Historical Magazine during his life, and
issued a few copies therefrom in pamphlet form.
The attention of Mayor William L. Strong having been called
to the condition of the City Library in 1895, he appointed a Com-
mitte in October of that year upon that subject, by sending to each
of Its five members a notice of which the following is one of the
copies :
**CiTY OF New York,
''Office of the Mayor,
''October, 2nd, 1895.
"Isaac Townsend Smith, Esq.,
"i East 39th St., New York.
"Dear Sir:—
" The Mayor directs me to inform you that he has appointed
you, with General James Grant Wilson, Mr. Edward F. de Lancey,
Mr. Charles Burr Todd, and Mr. William L. Stone, members of a
Committee to consider the condition of the City Library, with a
view to making such suggestions and improvements as will make
it a credit to the City, and a proper and desirable place for the
custody of the City's valuable Archives.
" Very Respectfully,
"Job Hedges,
** Secretary y
Introduction. v
On the eighth of the same month the Board of Aldermen
passed a resolution, which was approved by the Mayor on the
fifteenth, directing that the above-named gentlemen,
** a Committee appointed by his Honor the Mayor of this City, be,
and they are hereby, authorized and empowered, under the super-
vision of the Clerk of the Board of Aldermen, to make translations
of, and print, such of the Records contained in the City Library,
located in room number twelve in the City Hall, as they may de-
sire ; and that the Clerk of the Board is hereby authorized to loan
to said Committee such records or books as shall be necessary to
carry on their work, and shall take proper receipts therefor.
** Adopted by the Board of Aldermen October 8th, 1895, a
majority of all the members elected voting in favor thereof.
** Approved by the Mayor, October 15th, 1895.
"William H. Ten Eyck,
** C/trJk of the Common Council"
Under this authority, the Committee selected these Dutch
records to be printed by them, the same to be duly edited, prepared
for, and carried through the press, by a competent scholar versed
in the ancient Dutch language, as well as in the history of New
Netherland during the period they cover. On December 31st, 1895,
the Board of Apportionment of the City voted the sum of $7,000,
"to be expended in carrying out the resolution adopted by the
Board of Aldermen, October 8th, 1895, for the translating and print-
ing of such of the records contained in the City Library of the City
of New York as may be directed to be printed under such resolu-
tion."
VI Introduction.
The form of the publication, the many details of the work, the
selection of a competent editor, and the form of a contract for the
printing, and the choice of a proper printer, occupied the close and
continuous attention and consideration of the Committee (with the
exception of Mr. Charles Burr Todd, who resigned in June, 1896)
for several months; especially the form of the contract for printing
and editing, which under the peculiar provisions of the *' Consoli-
dation Act " of the City Ordinances, and the interpretation thereof
by the Counsel to the Corporation, required the joint action of the
Committee, the Editor, the Clerk of the Common Council, the
Counsel to the Corporation, the Board of City Record, and the
Mayor.
Of the estimates for printing called for by the Committee, that
of the Messrs. Putnam, of the Knickerbocker Press, was decided to
be the most advantageous for the City.
For an Editor and Superintendent of the work, the Committee
have chosen Mr. Berthold Femow, a gentleman whom they believe
to be most competent, who is the best Dutch scholar they know of,
and one who in his work for the State of New York for several years
as translator and editor of the last three volumes of its published
Colonial archives, and in other works of like character executed for
private parties, has made his name well known to all historical
students.
The first volume of Dutch Records above mentioned has been
entirely translated anew by Mr. Femow, discarding that of the first
translator entirely. The translations of Dr. O'Callaghan have
been retained, simply adapting their formal phraseology to that
employed by Mr. Femow in the first volume, and correcting a very
few obvious errors. A very full index by Mr. Femow will appear
Introduction. vii
in the last volume of the series. Any information, or statement,
relative to the work that the Committee may hereafter deem ad-
visable will also be found in the last volume.
New York, May i, 1897.
JAMES GRANT WILSON,
ISAAC TOWNSEND SMITH,
EDWARD F. DE LANCEY,
WILLIAM L. STONE,
Committee.
WILLIAM L. STRONG,
Mayor.
I,
I
ORDINANCES
OF THE
DIRECTOR GENERAL AND COUNCIL OF NEW NETHER-
LAND, AND OF THE BURGOMASTERS AND SCHEPENS
OF NEW AMSTERDAM.
(The Ordinances of the Director General and Coundl, following here, have already
been published by the State of New York in a volume entitled Laws and Ordinances of
New-Nethtrland,)
Petrus Stuyvesant, Director General of New Netherland and the
Islands thereto pertaining. Captain and Commander of the Company's
ships and yachts in West India cruising, to All, who may see or hear these
presents read, Greeting :
Whereas we have experienced the insolence of some of our in-
habitants, when drunk, their quarrelling, fighting and hitting each other
even on the Lords day of rest, of which we have ourselves witnessed the
painful example last Sunday in contravention of law, to the contempt and
disgrace of our person and office, to the annnoyance of our neighbors
and to the disregard, nay contempt of Gods holy laws and ordinances,
which command us, to keep holy in His honor His day of rest, the Sab-
bath, and forbid all bodily injury and murder, as well as the means and
inducements, leading thereto, —
Therefore, by the advice of the late Director General and of our
Council and to the end, that instead of Gods curse falling upon us we
may receive his blessing, we charge, enjoin and order herewith principally
all brewers, tapsters and innkeepers, that none of them shall upon the
Lords day of rest, by us called Sunday, entertain people, tap or draw any
wine, beer or strong waters of any kind and under any pretext before 2 of
the clock, in case there is no preaching or else before 4, except only to a
TOL. 1—1 T
2 Ordinances of New Amsterdam. [1647
traveller and those who are daily customers, fetching the drinks to their
own homes, — this under the penalty of being deprived of their occupation
and besides a fine of 6 Carolusguilders for each person, who shall be found
drinking wine or beer within the stated time. We also forbid all innkeep-
ers, landlords and tapsters to keep their houses open on this day or any
other day of the week in the evening after the ringing of the bell, which
will be rung about 9 o.c. or to give wine, beer of strong waters to any,
except to their family, travellers and tableboarders under the like penalty
and to prevent the all too ready drawing of a knife, fighting, wounding
and the mishaps resulting therefrom, therefore with the approval of the
Very Wise, High Council of the City of Amsterdam, we command, that
all, who shall draw or have drawn their knives or swords rashly or in
anger against another, shall pay a fine of 100 Carolusguilders, or if they
have not the money, be employed in the most menial labor for half a year
with bread and water for their food. If anybody is wounded, the fine
shall be 300 such guilders or one year and a half of such labor, and we
charge and command our Fiscal, Lieutenants, Sergeants and Corporals,
as well as of the resident burghers, as of our soldiers to make the neces-
sary inspections at all occasions with proper care, arresting all who act
contrary, that they may be prosecuted thereafter, as the law directs.
Done at Fort Amsterdam in New Netherland on the last of May
1647.
Whereas the Director General and Council are informed, that sev-
eral private traders, trading to the South and licensed by this Government,
go with their cargoes of linen, wampum and other wares inland to the
Minquaes' country, whereby trade is not only spoiled, but also great dam-
age is done to the traders, who remain with their vessels at the usual trad-
ing places and whereby the Indians might be induced for the sake of the
goods to kill and slay such persons, which would bring mishap and war
upon this country, — Therefore for the best service and interest of the
West India Company and of this district, we forbid and command, as we
hereby do, that henceforth none of our inhabitants shall go inland with
his cargoes or other wares, but shall carry on his trade at the usual trad-
ing places.
Done at Fort Amsterdam in N. N., June 18, 1647.
«647] Ordinances of New Amsterdam. 3
Whereas daily a great deal of strong liquor is sold to Indians, which
before now has caused great difficulties to the country, and because it has
become necessary to prevent a recurrence of these difficulties in time, —
Therefore the Director General and Council of New Netherland forbid
all tapsters and other inhabitants henceforth to sell any wine, beer or
strong liquors to the savages, to draw it for them or give it in barter in
any manner or form or under any pretext whatsoever, or to have it fetched
away in a mug and thus let it come to the Indians by the third or fourth
hand, directly or indirectly : under a penalty of 500 Carolusguilders and
besides the responsibility of the mishaps, resulting therefrom.
Everybody is also warned and forbidden, to damage lands, orchards
and gardens, be it in fences or fruits, and whoever shall be found, to have
damaged lands, orchards and gardens in fences or fruits, shall pay a fine
of 100 guilders and receive arbitrary correction.
All inhabitants of New Netherland are also charged and commanded,
well to fence their lands, that the cattle may not do any damage. The
cattle, be it horses or cows or especially goats and pigs must be taken
care of or otherwise disposed of, that they can do no damage, for which
purpose Fiscal van Dyck shall build a pound and keep the animals, until
the damage is repaired and the fine paid. Everybody is warned and
should prevent damages.
Done at Fort Amsterdam in N. N., present the late Director- General
Kieft, the Hon*^* Dincklagen, Monsieur la Montague, Capt.-Lieut. Nuton,
Poulus Leendertsen (van die Grift), Jacob Loper, Helmer Tomassen and
Jan Clasen Bol, July ist, 1647.
Whereas heretofore, for some years past, all free traders here in
New Netherland have paid duties on all peltries, handled by them and
sent to the Fatherland, when ships sailed, — Therefore the Board has con-
sidered very necessary, to fix these duties, that everybody may know, how
much he has to pay. It has been resolved, that the duties for each mer-
chantable beaver skin shall be 15 stivers, two halves for one whole, three
thirds ditto, for each otter and bearskin, 15 stivers, each elk skin 15
stivers, other peltries of minor value according to circumstances.
Done at the meeting, at which were present General Petrus Stuy vesant,
the late Director General Willem Kieft, the Hon***' Dincklagen, Mons' la
4 Ordinances of New Amsterdam. [164a
Montagne, Lieutenant Nuton, Equipage Master Poulus Leendersen and
Jan Clasen Bol, July 23, 1647.
As we have seen and remarked the disorderly manner, hitherto and
now daily practised in building and erecting houses, in extending lots far
beyond their boundaries, in placing pig pens and privies on the public
roads and streets, in neglecting the cultivation of granted lots, the Direct-
or General Petrus Stuy vesant and Council have deemed it advisable to de-
cide upon the appointment of three Surveyors, to wit : the Hon**** Lubbert
van Dincklagen, the Equipage Master Poulus Leendersen and Secretary
Comelis van Tienhoven, whom we hereby authorize and empower, to con-
demn all improper and disorderly buildings, fences, palisades, post, rails
etc. and to prevent their erection in the future. We therefore command
and warn all and everybody of our subjects, who henceforth intend to
build or put palisades around their gardens or lots in or near the City of
New Amsterdam, that nobody shall dare do or undertake it without pre-
vious knowledge, consent of and inspection by the above named appointed
Surveyors, under a penalty of 25 Carolusguilders and destruction of what
may have been built or set up. Likewise we warn all and everybody, who
may heretofore have been granted lots, that they must erect on their lots
good and convenient houses within 9 months, according to order, or in
default thereof such unimproved lots shall fall back to the Patroon or
Landlord, to be given by him to such, as he pleases.
Done at the meeting in Fort Amsterdam, at which were present Di-
rector General Kieft, Hon"' Dincklagen, Mons' la Montagne, Lieutenant
Nuton, Poulus Leendersen and Jan Clasen Bol, July 25, 1647.
The Director General and Council of New Netherland having noticed,
that there are brewers in and about the City of New Amsterdam, who tap
beer and sell it by the small measure ; which may cause, that the beer, by
them brewed and tapped, is not properly taxed and the excise not paid
for it, — Therefore the said Director General and Council command, as
they hereby do, that all the brewers in and about this City shall not tap
or sell beer by the small measure, also that no tapsters shall be allowed
to brew or have beer brewed for him ; all under the penalty of losing all
such stock, as may be found in the brewers or tapsters house and besides
of not being allowed to do business for .... months.
Done January 12, 1648.
1648] Ordinances of New Amsterdam. 5
It has been noticed and seen by the the Director General of New
Netherlands Cura9ao and the Islands and by the Hon^*^ Council, that
^ome careless people neglect, to have their chimneys properly swept and
that they do not take care of their fires, whereby lately fires broke out in
two houses and further troubles may be expected in the future, the more
:so, as most of the houses here in New Amsterdam are built of wood and
roofed with reeds, also as in some house the chimneys are of wood, which
■is very dangerous. Therefore the Hon**'* General and Council have
deemed it advisable and very necessary, to consider this matter and they
command and forbid, that henceforth no wooden or merely plastered
chimneys shall be put into any house between the Fort and the Fresh
Water ; the chimneys, already in use, may remain until further orders and
at the discretion of the firemasters. That the foregoing may be well ob-
served, there are appointed for this purpose as firemasters : from the
Hon**** Council Commissary Adrian Keyser, from the community Tomas
Hall, Marten Krigier and George Wolsey, to visit, whenever they please,
the chimneys in all houses between this Fort and the Fresh Water, wher-
ever in the City they may stand and to ascertain, whether they are kept
clean by sweeping and if they find them neglected and foul, they shall
immediately, without contradiction, levy and collect a fine of three guilders
for each chimney so found foul and condemned, this fine to be applied to
the purchase of fireladders, hooks and buckets, which are to be procured
at the first convenient opportunity. And if anybody's house is burned
either by negligence or his own fire, he shall pay a fine of 25 fl., to be
applied as above.
Done at Fort Amsterdam and published January 23, 1648.
Petrus Stuyvesant, Director General of New Netherland, Cura9ao etc.
and the Hon**'* Council to All, who shall see these presents or hear them
read. Greeting.
Whereas 'we see and are informed, that our former orders issued
against unreasonable and intemperate drinking at night and on the Sab-
bath of the Lord, to the shame and derision of ourselves and our nation,
are not observed and obeyed, as we intended and meant, we renew them
herewith and command, that henceforth they shall be maintained and exe-
cuted according to their tenor and contents. Meanwhile the reasons, why
K V
6 Ordinances of New Amsterdam. [164^
our good orders and wellmeant laws have not been observed according
to their tenor and contents are, that this way of earning a living and the
easily made profits therefrom please many and divert them from their
first calling, trade and occupation, so that they become tapsters and that
one full fourth of the City of New Amsterdam has been turned into taverns
for the sale of brandy, tobacco and beer. This causes not only the neglect
of honest handicraft and business, but also the debauching of the common
man and the Company's servants and what is still worse, of the young
people from childhood up, who seeing the improper proceedings of their
^ parents and imitating them leave the path of virtue and become disorderly.
Add to this the frauds, smuggling, cheating, the underhand sale of beer and
brandy to Indians, as shown by daily experience, may God better it, which
may only lead to new troubles between us and them. | If besides these
some honest tavemkeepers are licensed and open their places for the serv-
ice and benefit of the traveller, the stranger and the inhabitant, honestly-
paying their charges and excise dues and living in convenient houses,
either their own or as tenants, which increases their expenses, they are
noticeably injured in their licensed and approved business by such fraudu-
lent innkeepers : this we wish to prevent, according to the exigency of
the case and the demands of the time, to the best of our ability : Therefore
we, the Director-General and Council as aforesaid ordain and make the
following regulations on the subject of tapsters and tavemkeepers.
I.
Henceforth no new taproom, tavern or inn shall be opened, except
with the special knowledge and consent of the Director and Council, the
consent to be granted by unanimous vote.
2.
The taverns, taprooms and inns, already established, may continue
for at least four consecutive years, but in the meantime the owners shall
be obliged to engage in some other honest business at this place with a
convenient and decent burghers dwelling, to the ornament of this City of
New Amsterdam, each according to his condition, social position and
means and subject to the rules and regulations, made by the Director
General and Council with the advice and knowledge of the Surveyors.
1648] Ordinances of New Amsterdam. 7
The tavemkeepers and tapsters are allowed to continue in their
business for four years at least, but only on condition, that they shall not
transfer their former occupation of tapping and selling liquor by the small
measure nor let their houses and dwellings to another party, except with
the previous advice and full consent of the Director General and Council.
4.
Item the tavemkeepers and tapsters shall henceforth not be allowed,
to sell or give beer, wine, brandy or strong waters to Indians or provide
them with it by intermediaries, under the penalty of forfeiting their busi-
ness and arbitrary correction at the discretion of the judge.
S-
To prevent all lighting and mishaps they shall daily report to the
Officer, whether anybody has been hurt or wounded at their houses, under
the penalty of forfeiting their business and a fine of one pound Flemish
for every hour after the hurt or wound has been inflicted and been con-
cealed by the tapster or tavemkeeper.
6.
The orders, heretofore published against unseasonable night tippling
and intemperate drinking on the Sabbath, shall be obeyed by the tavern-
keepers and tapsters with close attention, to wit : they shall sell nothing
by the small measure in the evening after the ringing of the bell nor shall
they sell beer or liquor to anybody, travellers and tableboarders excepted,
on Sunday before 3 o.c. p.m., when the divine service is over under the
penalties fixed by proclamation.
7.
They shall be held, not to receive any beer or wine or distilled waters
into their houses or cellars, directly or indirectly, before they have so re-
ported at the office of the Receiver and been given a certificate, under
penalty of losing their business, beer and liquor and a considerable fine
besides, to be imposed by the judge.
8.
Finally, all tavemkeepers and tapsters, who intend to continue in
their occupation, shall eight days after the publication hereof present
themselves in person and give their names to the Director General and
Council and there solemnly promise, that they will faithfully obey, what
8 Ordinances of New Amsterdam. [1648
rules have been or may be made on the subject of tavemkeepers and tap-
sters and to comport themselves in their business, as it behooves to honest
and faithful subjects.
Done at the meeting in Fort Amsterdam, March lo, 1648.
Before the Board appeared Adriaen Dircksen, Marten Crigier, Jan
Jansen Schepmoes, Jan Snediger, Philipp Geraerdy, Sergeant Daniel
Litschoe, Gerrit Douman, Hendrick Smith, Comelis Volckersen, Abraham
Pietersen, George Rapalje and Pieter Andriessen, all tavemkeepers and
inhabitants of this City of New Amsterdam, who presenting themselves
and giving their names, inform the Hon**** Director General and Council,
fhat in pursuance of the regulations for tapsters and tavemkeepers, pub-
lished on the loth of March they promise as true men, to live up to said
rules in every way and as best they can.
New Amsterdam in N. N., March 16, 1648.
Whereas the Hon"* Director General and Council of New Nether-
land daily see, that the goats and hogs here are doing great damage in
orchards, gardens and other 'places around Fort Amsterdam, which not
only prevents the cultivation of fine orchards and the improvement of lots,
but is also an injury to many private parties, —
Therefore wishing to remedy it, the Director General and Council
order, that henceforth no hogs or goats shall be pastured or kept between
Fort New Amsterdam and its vicinity and the Fresh Water, unless within
the fences of the owners, so made, that the-goats cannot jump over and
damage any one. Also the goats beyond the Fresh Water shall not be
pastured without a herder or keeper, under the penalty, if the goats are
found outside the fences on this Side of the Fresh Water or without a
keeper beyond it, of their being impounded by the Fiscal and declared a
prize by the Director General and Council. Let everybody hereby be
warned and guard against loss.
Done and published at New Amsterdam in. New Netherland March
10, 1648.
Petms Stuyvesant, on behalf of their High Mightinesses, the Lords
States General of the United Netherlands, his Highness the Prince of
Orange and the Hon*"'* Lords Directors of the Priv. West India Company
1648] Ordinances of New Amsterdam. 9
Director General of New Netherlands Cura9ao and the Islands thereof,
with the Hon*^* Council :
Whereas we have seen and learned, that notwithstanding our previous
orders and proclamations concerning the keeping of the holy Sabbath
according to Gods holy Word, it is not observed as we intend and desire,
but is profaned and desecrated in various manners, to the great scandal,
offense and reproach of this community and neighboring strangers, who
visit this place, also to the vilification and contempt of Gods holy Word and
our ordinances, based thereon, —
Therefore we, the said Director General and Council, in order to
avert, as much as is in our power, the wrath and punishment of God, evoked
thereby and by other misbehaviours, renew and amplify herewith our
previous proclamations and ordinances, having arranged for the further
observance of the Sabbath with the knowledge of the servant of God's
Word, that henceforth a sermon from God's Word shall be preached in
the afternoon, as in the forenoon, with the usual Christian prayers and
thanksgiving : we request and charge therefore all officials, subjects and
vassals to assist at these services, forbidding meanwhile during divine
service all tapping, fishing, hunting and other usual occupations, handicrafts
and business, be it in houses, cellars, shops, ships, yachts or on the streets
and market places, under penalty of forfeiting all such wares, goods and
merchandise and of redeeming them with a payment of 25 (1., to be applied
until further orders for the support of the poor and the churches, besides
a fine of one pound Flemish, payable by purchaser as well as seller, em-
ployer as well as employee, half of it going to the officer, the other half at
the discretion of the Court. We also hereby forbid,that anyone may on the
said day give himself up, to his disgrace and the offence of others, to
excessive drinking, under the penalty, if so found, of being arrested by
our Fiscal or any superior or inferior officer and punished arbitrarily by the
Court.
Decreed and published at New Amsterdam in N. N., April 29, 1648.
Notwithstanding we have in previous orders forbidden, to tap for, give
to, mix for or sell to Indians or natives of this country, directly or indirectly,
any strong drinks, we see and observe daily drunken Indians run along
the Manhatans and the people, living outside in the country have great
lo Ordinances of New Amsterdam. [1648
troubles with drunken savages, which causes us to fear renewed difficulties
and wars. Therefore the Hon"* Director General and Council deem it
necessary, to renew the former orders and hereby strictly to forbid, as we
hereby do, the sale, barter or gift of strong drinks under whatever name
to Indians and if anybody is hereafter found to do it, even on the testi-
mony of an Indian, who for pregnant reasons shall be believed in such
cases, he shall receive arbitrary corporal punishment besides paying the
fine, imposed in former ordinances, for it is better, that such evildoer be
punished, than that a whole country and community suffer through him.
Done at the meeting in Fort Amsterdam in N. N., May 13, 1648.
Whereas the Hon"* Director General and Council have seen and
learned, that many of the Scottish merchants and small traders, who from
time to time come over in the ships from the Fatherland, do not nor
intend to do anything else, but to injure trade with their underselling, by
selling their goods quickly, giving 11 or 12 (1. in loose wampum for a
beaver and having sold out returning in the ships, on which they came
in the same year, without any benefit to the country, to the injury of the
inhabitants, having houses and lots and bearing all burdens, —
Therefore, to prevent such injury to the trade, it has been deemed
advisable and useful for New Netherland and its inhabitants and it is
ordered, that henceforth all merchants, Scots and small traders, who come
over in the ships from the Fatherland and intend to trade here, be it with
Christians or with heathens, in retail or wholesale, shall not be allowed to
do any business in the country, unless they remain here in New Nether-
land for three consecutive years and besides build here, in the City of
New Amsterdam, a decent burghers dwelling house, each according to hi&
means : all traders and others, who engage to trade in a burghers house
and remain three years shall be admitted, but not otherwise, (the super-
cargo or skipper of the ships of our Masters alone excepted), provided
however, that they may not open a shop ashore.
Thus done, present the Hon**'* General, the Hon**'* Dincklagen,
Mons' la Montague, Brian Nuton and Poulus Leendersen, this i8th of
September, 1648, at New Amsterdam.
In order to prevent fires the Hon"* General and Council of New
1648] Ordinances of New Amsterdam. 1 1
Netherland charge and order the firemasters of the City of New Amster-
dam to make visits of inspection everywhere and to see, whether every-
body is keeping his chimneys clean by sweeping and if they find anyone
not doing it, to collect the fine of 3 fl., tc be applied according to our
proclamation of January 21, 1648.
Thus done at the meeting in Fort Amsterdam in N. N., September
28, 1648, present the Hon^ General, L. van Dincklage, la Montagne,.
Brian Newton, Foulus Leendersen.
Great complaints are daily made to the Director General and Coun-
cil by the Indians or natives, that some inhabitants of New Netherland set
the natives to work and use them in their service, but let them go unre-
warded after the work is done and refuse, contrary to all international
law, to pay the savages for their labors. These Indians threaten, that
if they are not satisfied and paid, they will make themselves paid or
recover their remunerations by other improper means, —
Therefore, to prevent all trouble as much as possible, the Director
General and Council warn all inhabitants, who owe anything to an Indian
for wages or otherwise, to pay it without dispute and if in the future they
employ savages, they shall be held liable to pay upon the evidence and
complaint of Indians, (who for good reason shall be considered credible
witnesses in such cases), under the penalty of such a fine, as the circum-
stances shall indicate as proper.
Done at the meeting and published September 28, 1648, at New
Amsterdam, present ut supra.
Whereas the Director General and Council daily see and notice, that
some inhabitants of New Netherland harbor and entertain in their houses
and dwellings the servants of the Hon^** Company and other servants^
when they have run away from their masters, also those, who come from
pur neighbors, which causes, that many laborers, doing their duties unwill-
ingly, are given the means and have the road opened to run away, which
is done every day, —
Therefore to prevent this as much as possible, the Director General
and Council advise and warn everybody, not to entertain or lodge any
servant of either the company or private parties, living here or elsewhere^
12 Ordinances of New Amsterdam. [1648
for longer than 24 hours. If anybody is found to have acted contrary
hereto, he shall pay a fine of 150 fl., to be given to him, who gives the
notice.
Done at the meeting, October 6, 1648, present the Hon**^ General,
L. van Dincklagen, B. Nuton and Poulus Leendersen.
Whereas the Director General and Council have long ago warned
the community by proclamation, to improve their lots on the Island of
Manhatans, which formerly were measured out too large and great for
building thereon and whereas some persons desire to build, but cannot
find a suitable place, where they conveniently may erect a house, —
Therefore the said Director General and Council have deemed it ad-
visable, to inform everybody for the last time, that they must properly
improve their lots or in default the Director General and Council will
give them to the persons, who are willing to build here in the City of New
Amsterdam, as convenient places, allowing to the present proprietors
«uch satisfaction as the Surveyors in their discretion may deem adequate.
Let everybody be hereby warned and if anybody intends to build, let
him report to the Secretary ; which done, proper orders concerning his
lot shall be given.
Done etc. December 15, 1648.
Seeing, that former orders concerning measures and weights are not
observed by some, whereby the good inhabitants are greatly defrauded,
the Director General and Council inform all wholesale and retail mer-
chants, also bakers and others, who sell by the ell,* measure or weight,
not to use in delivering or receiving any other ell, weight or measure,
than that of Amsterdam and that everything may be done decently, the
Director General and Council advise all inhabitants and traders to
procure between now and the first of August next coming genuine Am-
sterdam ells, measures and weights. In the meantime those, who at
present have some weights, must bring them to the Company's Ware-
house in Fort Amsterdam, to be weighed and measured there, so that in
the future nobody of our people may suffer any loss : and that everything
may be taken to heart and observed by everybody with so much greater
2ea], we charge and authorize herewith the Fiscal Hendrick van Dyck to
♦ Two feet.
1649] Ordinances of New Amsterdam. 1 3
inspect after the ist of August next coming all ells, weights and measures
as often, as he thinks fit and whoever then shall be found, not to use a
just ell, weight or measure, shall pay such a fine, as is imposed in such
cases in the Fatherland.
Resolved at the meeting in N. Amsterdam in N. N. July 17 and
published July 19, 1649.
The Director General and Council of New Netherland to All, who
shall see these presents or hear them read. Greeting !
Whereas we notice and see, that former ordinances issued against
the defraudations and smuggling, practised with beer, which tavern-
keepers and tapsters sell are not observed ; also that contrary to our
previous orders some few inhabitants make it a business to tap and brew
the same, thereby not only defrauding the excise farmer but also injuring
other tapsters, who make it their only business, — Therefore conform to
the general rule of the Fatherland and wishing to remedy the evil. We
hereby command and order, that no inhabitant, who makes it a business
to brew, shall be allowed to tap, sell or give away beer, wine or strong
water by the small measure, excepting at meal times, not even to table-
boarders, whom they may pretend to board, under which pretext we
have seen many frauds perpetrated. To prevent one and the other, we
also order, that henceforth no beer or wine shall be removed from any
brewery, cellar or warehouse nor moved in the houses of the tapsters nor
brought into them, unless it is previously reported to the Secretary and
his carriers or porters have obtained a certificate of the report, signed
by the Secretary's first clerk, which shall be exhibited and shown, on the
same day as procured, to our Fiscal Hendrick van Dyck or whoever in
his absence may serve in his place. We warn all brewers, not to deliver
any beer to any carrier, porter or tapster, until a certificate of delivery
is first produced by them under penalty of forfeiting beer and wine and
all chattels, be they horses, sledge or anything else, used in moving the
former and arbitrary correction for all, who lend a hand thereto.
Thus done etc., Novbr. 8, 1649. Signed : P. Stuyvesant, L. van
Dincklagen, H. van Dyck, La Montagne, Brian Nuton.
The Director General and Council of New Netherland to All, who
shall see these presents or hear them read, Greeting.
14 Ordinances of New Amsterdam. [1649
Know Ye, that many complaints have been made to us by many
people, in regard to the scarcity of coarse bread and light weight of white
bread, with which the good inhabitants cannot be sufficiently supplied by
the bakers. The cause of it being, that the savages or natives of this
•country take the white bread from the bakers without inquiry for or
scrutiny of the black bread or price in strung wampum, which the inhabit*
.ants cannot do, as they have no such wampum. Consequently greed and
the desire for greater profits cause the savage and barbarous natives to
be accommodated with the best before the Christian nation and therefore
the Director General and Council, desiring to provide for the best and
in the most convenient manner at this time, ordain and hereby direct,
that henceforth and until further orders no baker shall bake fine bolted
-or white bread or cakes for sale or sell to natives and Christians under
forfeiture of the baked white bread and a fine of 50 Carolusguilders, to
be applied as it ought to be : provided however that every inhabitant may
.bake or cause to be baked for his own household and meals such quanti-
ties of white bread, as occasion may require, their Honors wishing hereby
only to forbid, as they hereby do, the wanton consumption and general
sale of white bread and cakes to inhabitants as well as to natives, and
thus to prevent the frauds, by these means practised with the common
bread, which is sold : that however inhabitants and natives may not be
inconvenienced in regard to weight the Director and Council ordain,
that the bakers, who henceforth make it a business to bake for sale, are
to bake from clean wheat or clean rye, as it comes from the mill, a loaf
weighing 8, 4 or 2 pounds at the prices, which the Hon^^^ Court shall form
^ime to time fix according to the price and arrival of grain.
Thus done etc., Novbr. 8, 1649. Signed as above.
The Director General and Council, having noticed the scarcity of the
crops during the preceding year and also heard the complaints of the
good inhabitants, that they can only with difficulty buy bread from the
bakers, which causes them to fear, that, if no timely provisions are made,
bread-corn will become still scarcer and dearer, — Therefore they ordain,
that henceforth and until further orders, and until more grain comes in,
no brewer shall be permitted to malt or brew from wheat under forfeiture
of the malted wheat and arbitrary correction. They hereby also forbid
i65o] Ordinances of New Amsterdam. 1 5
the exportation of wheat, rye, and baked bread out of the Province of
New Netherland, until an estimate of the quantity of grain on hand aud
the yearly consumption thereof has been made and proper consent to the
exportation has been procured.
Thus done etc, Novbr. 8, 1649. Signed as the preceding.
The Director General and Council have learned, that various clan-
destine abuses and frauds are practised in the sale and transfer of real
estate, such as houses, yards, lots, and other land, to the prejudice of older
creditors. Therefore they herewith charge their Secretary and in his ab-
sence his first Clerk, not to pass and sign any conveyance of real estate,
unless the same has first been reported ^to the Director and Council on a
regular Court day and been approved by them ; declaring herewith all con-
tracts and conveyances of real estate void and of no value, which are
passed and signed after this date without their approval and confirmation.
Thus done etc, February 7, 1650. Signed ut supra.
The Director-General and Council have consented, on the request of
the bakers, that provisionally for the accommodation of the community
they may bake white bread, but not cakes or cracknels, provided that they
bake said white bread conform in weight with the rules of the Fatherland ;
the bakers are also charged, that the common bread must only be baked
from clean wheat or rye flour, as it comes from the mills, so that the com-
munity may not have cause to complain of the thinness and meagemess
of the common bread.
In meeting at Fort Amsterdam, April 14, 1650.
The Director General and Council of New Netherland to All, who
shall see these presents or hear them read. Greeting.
Whereas we see and for some time past have seen the decline and
depreciation of the loose wampum, among which is found much unpierced
and only half finished, made of stone, bone, glas, shells, horn, nay even of
wood, and broken, which causes many inhabitants to complain, that with
it they cannot go to market and buy any commodities, not even a little
white bread or a mug of beer, from the traders, bakers and tapsters.
Therefore, wishing to make provisions in this matter to the best of
our abilities, we have resolved for the promotion of trade and the com-
1 6 Ordinances of New Amsterdam. [1650
mon welfare of the inhabitants, that henceforth no loose wampum shall
be current or be considered good pay^ unless strung upon a wire, as hith-
erto it has usually been done : thereby we intend to prevent the further
invasion and importation of bad and un perforated wampum and to make
a distinction between merchantable and strung wampum and prevent all
misunderstandings, the said Director General and Council hereby ordain,
that merchantable or trade wampum shall pass as good pay as heretofore
at the rate of six white or three black beads for one stiver and bad,
strung wampum at the rate of eight white or four black for one stiver.
We direct hereby everybody to govern himself by the tenor hereof and
in case of refusal he shall be deprived of his trade and occupation. The
Fiscal is hereby ordered to affix this ordinance after publication and make
it known wherever it is necessary, also to do his best in having it ex-
ecuted and obeyed.
Done, resolved and decided at our meeting in Fort Amsterdam in
N. N., this 30th of May, 1650.
The Director General and Council of New Netherland to All, who
hear, see or read these presents. Greeting.
Experience has shown, that this decayed fortress, formerly in fair
condition, has mostly been trodden down by hogs, goats and sheep and
we are now engaged, in obedience to the orders of our Masters and Pa-
troons, in repairing the same, but it is to be feared, that the fort may
again be damaged by goats, sheep, hogs or other animals climbing upon
the walls, — Therefore the Director General and Council hereby warn
all and every inhabitant of this place, not to allow hogs, sheep, goats,
horses or cows to run free between the Fort, the Company's Bouwery at
the end of the Heeren Wegh (Broadway) now tenanted by Tomas Hall,
and the house of Master Isaack AUerton, without herder or driver, except
within their closed fences, under a fine of 6 fl. for the first time for each
horse, cow, etc, found within the aforesaid limits on the public streets
near the Fort, twice as much for the second time and confiscation of all
for the third time.
Thus done etc. June 27, 1650.
The Director General and Council etc. Greeting.
Daily complaints of the inhabitants inform us, that our former orders,
1650] Ordinances of New Amsterdam. 17
concerning badly strung wampum, made for the benefit and convenience
of the inhabitants on the 30th of May 1650, are not so observed and
executed, as we intended, but that such pay has been refused even for
small profits by shopkeepers, brewers, bakers, tapsters, tradesmen and
laborers to the great confusion and inconvenience of the inhabitants in
general, as there is at the present time no other current money to help in
the daily small trade, —
Therefore to assist the inhabitants once more in this matter the
Director General and Council ordain, conform to our former ordinance,
that badly strung wampum shall be current money and be accepted as
such by everybody without distinction or exception for small and necessary
commodities, used in the house and that it shall be current up to the sum
of 12 fl. and less in badly strung wampum, in sums between 12 and 24 fl.
in half bad, half well strung beads, from 25 to 50 fl. one third bad, two
thirds good wampum and in greater sums according to the conditions,
made by purchaser and seller, under a fine of 6 fl. for a first refusal, 9 fl.
the second time, two pounds Flemish and closing of the business the
third time, conform to our previous orders.
Thus done etc., September 14, 1650.
Wher£as upon a certain request, presented to the Hon**** Director
General and Council of New Netherland, regarding some revenues for
this City, dated February 23, 1654, the Burgomasters and Schepens of
this City of New Amsterdam have been allowed to exact from all wines,
liquors and beer, consumed here by the burghers, a tapsters excise, the
following burghers excise will be levied :
Principally for each tun of good beer 20 stivers.
For each half barrel 10 "
and for one anker or quarter 5 "
For each tun of small beer 6 "
for each half barrel 3 "
for each anker 2 "
For each anker of brandy, Spanish wine or dis-
tilled waters 30 "
and of French wines half as much.
The Burgomasters and Schepens of this City ordain, that henceforth
VOL. I— a
1 8 Ordinances of New Amsterdam. [1654
the burghers as well as the tapsters and tavernkeepers, who wish to lay in
or export any beer or wine, shall be obliged to procure first a certificate
from our Receiver and pay therefor the proper excise, said Receiver to
wait for this purpose at his dwelling house from 6 to 9 o. c. a. m. and from
I to 3 o. c. p. M., except on Wednesday and Saturday afternoon.
To prevent all frauds and defalcations as much as possible the
Burgomasters and Schepens have, with the approval of the Hon^^® General
and Council, appointed as sworn wine and beer porters Barent Jacobsen
Cool and Pieter Casparsen van Naarden and nobody, but they shall
have the right of handling, opening or moving from one storehouse,
cellar or brewery to the other any wine or beer or of bringing any beer
from outside into the gates of this City, under forfeiture of the wines and
beers and arbitrary correction at the discretion of the Court.
That this ordinance and enactment may the better be observed by
everybody, the Officer is directed and ordered, to watch for frauds and
defalcations ; he is authorized, to inspect with two members of the Court
as often as he deems necessary the cellars of the tapsters, to gauge all the
barrels ; he may seize all wines and beers, not reported or for which no
excise has been paid, all conform to the preceding article, subject to
arbitrary correction and confiscation, one third of the proceeds to be
given to the poor, one third to the officer and one third to the informer.
Thus done at the meeting of the Burgomasters and Schepens of the
City of New Amsterdam in N. N. and after publication affixed May 10,
1654. Signed : Arent van Hattem, Marten Cregier, Paulus L. van die
Grift, Pieter Wolferzen (van Couwenhoven), Olof Stevensen (van
Cortlandt), Will Beeckman.
The Director General and Council of N. N. to All etc etc.
We have learned by experience, that on New Years Day and Mayday
the firing of guns, the planting of Maypoles and the intemperate drinking
cause, besides the useless waste of powder, much drunkenness and other
insolent practices with sad accidents of bodily injury and to prevent this
in the future the Director General and Council strictly forbid within the
Province of New Netherland, the firing of guns on New Years and May-
day, the planting of Maypoles, the noisy beating of drums and the treat-
ing with wine, brandy or beer and they do so, to prevent further mishaps,
1656] Ordinances of New Amsterdam. 19
under a fine of 12 fi. for the first time, double the amount for the second
time and arbitrary correction for the third offense, to be divided ^ to the
officer, ^ to the poor and ^ for the informer. We hereby also order all
inferior Courts in the Province to publish and affix these presents at the
usual place and to carry out this order.
Thus done etc etc., December 31 1655. Signed : C. van Ruysen,
Secry.
Sad experiences have from time to time shown, that the separate
dwellings of the country people, built plainly against the orders and good
intentions of the Company and their representatives here, have led to
many murders of people, the killing of cattle and burning of houses by the
savage natives of this country ; all which might be prevented with Gods
assistance, if the good inhabitants of this Province would settle together
in villages, neighborhoods or hamlets, like our neighbors of New England,
who are never or only seldom, because of their dwelling together, sub-
jected to the manifold and general troubles, as we and our nation, which
in the first place come upon us, as the merited punishment of our sins by
God and then because we give an inducement thereto to the savages by
the separate dwelling of the countrypeople, while we in time of need
cannot come to the assistance of the one or the other because of the
distance between the places, it being impossible for the Director General
and Council to provide each farmhouse with a safeguard. Because of
the aforesaid murders, injuries and destructions of persons, bouweries and
plantations and finally the noticeable damage and decline of this country
with its inhabitants and because of what has happened may occur again,
unless the good people are taught by their own misfortunes as well as by
those of others to be more prudent and careful and to conduct themselves
properly, as they ought to, by forming villages at convenient places in
such a manner, as the Director General and Council or their officers shall
indicate, when with Gods help and the assistance of higher authority they
trust to be able better to support and protect their subjects and that this
may be made possible,
The Director General and Council hereby not only warn their good
subjects, but also order, that they shall move closer together in villages,
neighborhoods and hamlet during the coming spring, that they may be
20 Ordinances of New Amsterdam. [1656
better protected against attacks and surprises by the savages through
their own efforts and through the faithful soldiery of the Director General ^^
and Council. All those, who contrary to this order shall remain living on •
their isolated plantations, do so at their own peril without assistance in
the time of need from the Director General and Council ; they shall also '
yearly pay a fine of 25 fl. for the public benefit. It is also ordered, in
order to prevent sudden conflagrations, that henceforth no house shall be
roofed with straw or reeds and no chimney be made of shingles or wood. *
Thus done etc, January 18, 1656.
The Director General and Council to All, etc., etc.
Many complaints are daily made and verified by experience, that
under the guise and name of Indians Christians or at least people going
under that name, catch, kill and offer for sale many cows, pigs and other
animals in the open country. To prevent this as much as possible the
Director General and Council hereby strictly forbid, that henceforth na
one within this City, or in any village or place of the open country,
belonging to this Province shall butcher any cow, calf, hog, sheep or
goat, not even the owner thereof, before such owner has not on the same
day, when he intends to butcher, given notice thereof to the Magistrates
of the place, where he belongs, or to such person, as the Magistrates may
appoint, and received a slaughtering permit, the owner paying to the
Magistrates or the Receiver by them appointed one stiver for each florin,,
the animal to be butchered is really worth, for the public benefit, the
value to be decided in case of dispute by the Magistrates or their deputy
and the money thus received to be kept in each city, village or hamlet
and to be used in time of need for the maintenance and protection of the
public interests, i. e. in raising soldiers, buying ammunition, as circum-
stances may require : the fines for transgression of this order shall be
applied and distributed, one third for the informer, one third for the
Officer and one third for the public benefit as before.
Thus done etc., January 18, 1656.
The Director General and Council have credibly been informed,
that not only conventicles and meetings are held here and there in this
Province, but that also unqualified persons presume in such meetings to
act as teachers in interpreting and expounding God's holy Word without
26s6] Ordinances of New Amsterdam. 2 1
ecclesiastical or temporal authority. This is contrary to the general
political and ecclesiastical rules of our Fatherland and besides such
gatherings lead to troubles, heresies and schisms. Therefore to prevent
this the Director General and Council strictly forbid all such public or
private conventicles and meetings, except the usual and authorized ones,
where Gods reformed and ordained Word is preached and taught in a
meeting for the reformed divine service conform to the Synod of Dort
and followed here as well as in the Fatherland and other reformed
churches of Europe, under a fine of loo pounds Flemish to be paid by
all, who in such public or private meetings, except the usual authorized
gatherings, on Sunday or other days presume to exercise without due
qualification the duties of a preacher, reader or precentor and each man
or woman, married or unmarried, who are found at such a meeting, shall
pay a fine of 2$ pounds Flemish.* The Director General and Council
do not however hereby intend to force the consciences, to the prejudice
of formerly given patents, or to forbid the preaching of Gods holy Word,
the family prayers and divine service in the family, but only all public
and private conventicles and gatherings, be they in public or private
houses, except the already mentioned usual and authorized reformed
divine service. In order that this order may be the better observed and
nobody plead ignorance thereof the Director General and Council direct
and charge their Fiscal and the inferior Magistrates and Schouts, to pub-
lish it everywhere in this Province and prosecute the transgressors,
whereas we have so decreed it for the honor of God, the advancement of
the Reformed service and the quiet, unity and welfare of the country in
general.
Thus done etc'., February i, 1656.
Wh£REAS the Burgomasters of this City of Amsterdam in New Neth-
erland find, that great many people within the City pay little attention to
their fireplaces and chimneysweeping, which has already caused fires sev-
eral times and will create further difficulties from conflagrations, especially
as most of the houses are built of wood, some are roofed with reeds, have
wooden and plastered chimneys, which is very dangerous, and which we
must prevent as much as possible, —
* One pound Flemish equal to 6 fl. or $2.40.
22 Ordinances of New Amsterdam. [1656
Therefore with the approval of the Hon***' Director General and
Council we have appointed as firemasters Hendrick Hendricksen Kip^
Gouert Loockermans, and Christian fiarens, who are hereby authorized^
pursuant to the orders of the Director General and Council heretofore
published, to inspect, whenever they please, all houses and chimneys in
the jurisdiction of this City and there to do for the prevention of fires
what is necessary and to collect such fines, as are prescribed by the said
published orders and the custom of our Fatherland.
Thus done at the City Hall etc., February 26, 1656.
The Director General and Council of N. N., with the. advice of the
Burgomasters and the chief officers of the burghers, herewith inform and
warn everybody, that nobody shall henceforth lodge any savages over-
night between here and the Fresh Water under a fine of 25 fl., payable by
everyone who hereafter harbors an Indian overnight without a pass signed
by the Director General or the Secretary.
Thus done etc., May 29, 1656.
The Director General and Council of N. N. hereby inform everybody^
that it has been reported to them by some Indians, two, three or four sav-
ages of Tappan had some evil designs and said, they would kill the one or
the other Christian in the open country and as the Director General and
Council cannot learn, where or upon whom the threat is to be carried out^
much less, whether it is the general intention of that tribe, the more so as
warnings have come from the Tappan tribe and other Indians, they can
give no other orders nor prevent the plan, than to renew former ordinances^
to wit, that isolated living farmers move into the nearest village or hamlet
and make a neighborhood, under the penalty, formerly fixed and in the
meantime everybody is warned to be on his guard and not to go into the
woods or on the road unarmed or in company of less than two to four peo-
ple, so that they may oppose such bushrangers ; furthermore in order to
prevent such dangers of single persons being killed the Director General
and Council with the Burgomasters of this City can as yet find no other or
better expedient, than the beforementioned and to forbid, that any Indian
with a gun or small arms shall be admitted to any dwelling house or other
building within this City or in a village or hamlet in the country, under
the penalty of losing such arms, which shall upon information having been
i6s6] Ordinances of New Amsterdam. 23
given by the inhabitants be taken away by the Schout, the Marshal or in
their absence by one of the Magistrates, to wit 14 days after the publica-
tion hereof or after the savages have been informed of this order and
warning, which the Director General and Council hereby.order to be done
by such of their subjects, who understand the Indian tongue, in the most
polite and convenient manner ; for the Director General and Council with
the Burgomasters have given this order only to prevent troubles between
Christians and savages.
Thus done etc. July i, 1656.
The Director General and Council of N. N. to All etc. etc. Greeting.
Know ye : Whereas now and then the people from the country bring
various wares, such as meat, bacon, butter, cheese, turnips, roots, straw, and
other products of the farm to this City for sale, arrived with which at the
strand they must often remain there with their goods a long time to their
great damage, because the community or at least the major part of it, liv-
ing away from the strand, do not know, that anything has been brought
for sale, which is not only an inconvenience for the burghers, but also a
great loss for the industrious countrymen, who often thus loose more time,
than they have bestowed upon the production of their wares, — Therefore
the Director General and Council hereby order, that henceforth Saturday
shall be held and kept as Market day in this City on the Strand near the
house of Master Hans Kierstede ; let everyone who has anything to sell
or buy govern himself accordingly.
Thus done etc., September 12, 1656.
Whereas it has been found, that in this City of Amsterdam in New
Netherland many houses, corners, fences, gates, and other structures are
made and erected without the knowledge and approbation of the Survey-
ors, whereby a great deal of bad building has been done not only to the
disadvantage of the public but also to the disreputation of the City, —
Therefore to prevent it the Burgomasters andiSchepens of this City, in
pursuance of former orders, ordain, that nobody shall erect houses, cor-
ners, fences, gates, or such like, before first having called the Surveyors to
the place and received their survey and approbation, under the penalty
formerly fixed.
Thus done etc, September 25, 1656.
24 Ordinances of New Amsterdam. [1656
The Director General and Council of New Netherland to All, etc.
Know ye, that it has been found by daily sad experiences, that formerly
issued and several times renewed ordinances and proclamations against the
desecration of the Lords Sabbath, the unseasonable tapping on the same
day and at night after the guard has been mounted or the bell has been
rung, the dangerous, yea damnable sale of or treating with wine, beer and
strong waters, the baking and sale of coarse as well as small or white bread,
are not, as was the good intention of the Director General and Council
and as circumstances require it, regarded and obeyed to the insult of
God's honor, to the injury and disturbance of the peace and rest of the
inhabitants, as well as to the disregard of the position and authority of the
higher and lower officers of this Province. The said Director General
and Council therefore, wishing in obedience to their official duties and
because it is necessary, to provide against these evils, renew with ampli-
fications their former ordinances and proclamations and hereby forbid :
First, that anybody shall on the Lord's day of rest, by us called Sun-
day, do the usual work of plowing, sowing, mowing, carpentering, wood-
sawing, forging, bleaching, hunting, shooting, or anything else, which on
other days may be a lawful occupation, under the penalty of one pound
Flemish, payable by each person [so offending], much less shall any idle
and forbidden exercises and plays, excessive drinking bouts, the visiting of
taverns and saloons, dancing, pla3ring cards, backgammon or ticktack, ball,
ninepins, pleasureboating, driving about in carts or wagons be carried on
before or during divine service under a double fine ; nor shall any tavern
keeper or tapster keep open his place or sell to any one any brandy, wine,
beer, or other liquor before or during the sermon, directly or indirectly
under a penalty of 6 fl. for each guest, and each person, found drinking
during said time shall pay a fine of 3 fi. ; said tavemkeepers and tapsters
shall also not be allowed to sell any drinks on Sundays or other days at
night after guardmounting or bell ringing under the like penalty, except
to his servants, boarders, or on public occasions with the consent and by
order of the Magistrates.
Second. Concerning the very dangerous, damaging and damnable
selling or giving of wine or beer or liquor to savages or natives of this
country, by which alone almost all the harm has come or at least is threat-
ened and feared, wherever a drunken Indian is seen, the Director General
1656] Ordinances of New Amsterdam. 25
and Council also renewing with additions their former ordinances, ordain
and hereby command, that nobody, whatever his position or business may
be, shall sell, exchange, give, fetch or cause to be fetched in or out of
the house, on land or water, from any yacht, ship, boat or canoe, cart or
wagon, by whatever name it may be called, directly or indirectly any beer,
wine, brandy or other strong waters to any Indian under the penalty of
500 fl. and besides arbitrary bodily punishment as well as banishment from
the country. To promote and maintain the general peace and rest of the
good inhabitants of this Province in their ships, and to discover any con-
travention of this order, all the higher and lower officials, free and sal-
aried employees of the Company and the inhabitants of this Province are,
on their oaths, admonished, required and charged to assist in discovering
this so dangerous and damnable selling or giving of wine, beer and liquors
or in default, when it is found, they knew of and did not report such
sales to Indians, they are to pay one half of the fine.
Furthermore, the Director General and Council aforesaid being credi-
bly informed of the sutlering and selling of wine, beer and liquors along
the river by yachts, barks, scows, ships and canoes, going up or down,
hereby not only strictly forbid such sutlering and selling, but also ordain
and command, that no skipper, master of a bark, of a scow or of a canoe nor
any free or bound inhabitant of whatever name, nation, position, or oc-
cupation shall henceforth either for himself or for anybody else in any
kind of vessel load and take as freight any beer, wine or strong water in
large or small casks, not even in cans, demijohns or bottlecase, before first
reporting the true quantity thereof to the Officer * of the place, where
such wine, beer or liquor is shipped and loaded and receiving from said
Officer a certificate, stating the quantity and quality of the casks or other
vessels with wine etc to be taken along and the name of the consignee :
he is bound to return the receipt of the consignee and the proper certi«
ficate of the Officer at the place, where it has been countersigned by the
receiver of the goods, all under the penalty of losing the concealed wine
etc and a fine of 500 fl. for the first time and confiscation of his yacht,
bark, scow etc the second time.
Third. As regards the baking and selling coarse and white bread,
both not of proper weight nor at the fixed prices, the Director General
• Schout or Sheriff.
26 Ordinances of New Amsterdam. [1656
and Council renew and amplify their former order on this subject, ordain-
ing and commanding, that all bakers and other inhabitants, who make it
their business to bake or sell bread, be it to Christians or savages, shall
be held, as well for the advantage of the Christians as for the sake of the
profits arising from it, to bake once or twice a week coarse as well as
white bread for Christians and Indians at the following weights and
prices :
COARSE BREAD MUST WEIGH:
A double loaf. . . .8 lbs and be sold at 14 stivers the loaf.
A single " ....4 " " " 7 " « «
A half " ....2 " " " si " " "
WHITE BREAD MUST WEIGH :
A double loaf 2 lbs and be sold at 8 st. the loaf.
A single " i " " "4 '* " "
A half " i^ " " " 2 " " "
If it is found, that bread lighter in weight is sold without the previous
knowledge, order or consent of the Magistrates or at a higher price, such
bread is to be confiscated and besides a fine of 25 pounds Flemish shall
be levied for the first time, double the amount for the second time and
for the third offense 600 fl. with absolute closing of the business. Further
the bakers and people, who make it their business to sell coarse or white
bread to Christians and Indians, shall not be allowed to mix sifted out
bran in large or small quantities with the coarse bread, but bake such
bread from flour as it comes from the mills nor shall they bake different
kinds of bread for Christians and Indians, as it has formerly been speci-
fied, under the same penalty as above, the decision resting on the judg-
ment of the respective Courts, each in their jurisdiction, and of such
persons, who assume to be experts in bread.
Fourth. Having been informed of and considering, that frauds may
occur as well in the tapping as in the baking business and excuses be made
to cover them, because so far no guild nor certain number is known,
therefore to prevent such frauds, the Director General and Council ordain,
that henceforth no one shall be allowed to do business as tapster or baker,
unless he has first addressed himself to the Magistrates, under whose
jurisdiction he lives and has received from them a license for the business,
i6s6] Ordinances of New Amsterdam. 27
which all tavernkeepers and bakers must have renewed quarterly, begin-
ning on the first of November next, paying therefor for the behoof of the
respective Courts one pound Flemish and notorious and insolent trans-
gressors are to be suspended from business. The above specified fines
are to be applied one third for the Ofiicery who makes the charge, one
third for the church or the poor and one third for the public weal and
that all this may be better known, observed and carried out and nobody
may pretend ignorance the Director General and Council hereby order
and charge, that these presents shall be published and affixed at the
usual places of such publications and after having been thus affixed be
carrried out and observed without grace or favor or consideration of the
offenders position, for thus we have decreed it for the service of the
Fatherland and the peace of our good inhabitants here.
Thus done etc., October a6, 1656.
ANOTHER ORDINANCE RELATING TO THE BURGHERS EXCISE OF
WINE AND BEER.
The Burgomasters and Schepens of the City of Amsterdam in N. N.
have seen and examined the petition and oral request of Paulus van der
Beeck as farmer of the burghers excise, presented to their Honors and
stating, that the brewers as well as other inhabitants, who brew beer, ought
to pay excise on what beer they consume in their families, also, that to
prevent all frauds, the brewers should be obliged to report, as soon as the
brew is made, their casks of beer, and that merchants and others, who im-
port wines and beer from the Fatherland or from elsewhere should like-
wise pay burghers excise on what they consume and be subject to inspect-
ion. After ripe deliberation and examination of the laws and customs of
the Fatherland relating to this matter their Honors ordain and command
for the maintenance of the farmer in his privileges :
FIRST.
That the farmer shall be allowed to inspect the breweries of the
brewers, whenever he thinks proper.
SECONDLY.
The brewers shall be obliged, to pay 6 fi. to the farmer for each
brewing done by them, be it large or small, before it is consumed.
28 Ordinances of New Amsterdam. [1657
THIRDLY.
If the brewers or a brewer wish to remove any barrels of beer, be
they large or small, of good or of small beer, from the brewery into the
cellar or the keeping of other people in houses, storehouses or elsewhere,
they or he shall be obliged, to obtain from the farmer a permit,'whereupon
the quantity and quality is noted, for which permit a fee of 4 stivers shall
be paid, but for as much as they take into their private houses or cellars
for their own consumption they shall procure an excise certificate and pay
for it, like other burghers, the usual excise.
FOURTHLY.
It is also ordained, in accordance with the customs and order of the
Fatherland, that all, who import any wine or beer from there or from else-
where, shall be obliged to make a bargain with the farmer about the excise
on what they intend to consume in their own houses and if they cannot
come to an agreement, it shall be in the discretion of the Court, to issue
an absolute order in the case according to the position and circumstances
of everybody.
That nobody may plead ignorance, these presents are published from
and affixed on the City Hall with the approval of the Director General
and Council, December 6, 1656.
According to the ordinance of the Director General and Council,
published with the approval of the Schout, Burgomasters and Schepens, all,
who within the jurisdiction of this City, desire to tap, are obliged to pro-
cure every quarter of the year a license for their business and therefor to
pay for the benefit of this City one pound Flemish ; for this purpose the
tappers in this jurisdiction were to-day, the 9th of January, 1657 sum-
moned to the City hall and after their opinions were heard.
It it hereby ordered, that all, who wish to continue in their said busi-
ness, shall be bound, to call within 24 hours after this at the house of Mr.
Allard Anthony, treasurer of this City, for their license and if they con-
tinue their business without doing so, their shops shall be closed up and
they shall besides pay a fine of 25 fl., to be applied, as it ought to be.
All tapsters are further ordered, henceforth not to sell their beer dearer,
than 12 stivers (24 cents) the vaan,* under the above stated penalty.
* A measure for beer of two quarts.
i6s7] Ordinances of New Amsterdam. 29
Thus done and decreed at the meeting in the City Hall at Amsterdam
in N. N., this 9th of January [1657]
Whereas the Schout, Burgomasters and Schepens of the City of Am-
sterdam in New Netherland have considered it highly necessary, that
agreeably to the laudable customs of our Fatherland, rules be made for
the stamping of casks, cans, weights, ells, and schepels, to prevent all quest-
ions and differences, arising therefrom, and that everybody may have just
measure, — Therefore their Honors have appointed as Surveyor and Ganger
Wemaar Wessels, an inhabitant of this City, who is to measure and stamp
at the request of the receiver or deliverer all casks, beerbarrels, half vats^
quarters and all other .... made, used and delivered to tapsters^
burghers or strangers, in accordance with the customs of Old Amsterdam ;
for which gauging and stamping the said Surveyor and Ganger shall receive
from him, who calls for it the following fees, to-wit for every tun or half-
tun 6 stivers, for every quarter or auker 3 stivers, for other casks, meas-
ured singly, according to the instructions given him and that in future no
dissensions may arise, it is hereby expressly forbidden, that henceforth no
one shall deliver to any tapster, burgher or stranger a tun, halftun or
quarter, unless they are stamped, under a penalty of 25 fl.
Concerning weights, ells, schepels and cans, which are in use here
within the jurisdiction of this City for receiving and delivering, we find,
that here also many frauds and abuses have crept in, to prevent which it
is ordered by their Honors, that from now nobody, be it of what position,
condition or nation he may be, shall be allowed to use within the jurisdic-
tion of this City any other ell, weight or measure than those used in the
reno?med City of Amsterdam in the Netherlands and that this order may
be carried out, all, who sell goods here by the ell, weight, schepel or can are
commanded, to come with their weights and measures, used for delivery
or receipt, once a year, that is to say on the 25th of January, — or if in the
meanwhile they wish to have anything stamped, on a day, appointed upon
due notification by the Court messenger, — to the City hall and then to
have them meastired in the presence of two members of the Court, for
which they are to pay into the treasury of the City, to-wit :
30 Ordinances of New Amsterdam [1657
for each schepel 50 stivers
" each ell 20 "
** each can, large or small, 6 '*
" each weight of from i to 10 lbs 3 "
" " " " I0t020" s "
" " " " 20 to 50 " 8 "
" " above 50" 10 "
And if after the expiration of the said time anybody is found, who
still uses not measured weights or measures in delivering or receiving
goods, he shall pay a fine of 10 fl. the first time, 20 fi. the second time and
double as much the third time with closing of his shop.
In order, that this ordinance and by-law be the better observed and
carried out, the Hon^*^ Schout is authorized and charged closely to watch,
whenever it is convenient to make inspections and to execute this ordin-
ance after publication.
Thus done etc., January 13, 1657.
The Burgomasters and Schepens of the City of Amsterdam in N. N.
having deemed it necessary, that following the laudable customs of the
Renewed PebrY. Fatherland, a sworn and qualified person be appointed to
sz, X658. ^jj^ office of grain measurer and what belongs to it in this
City, who shall measure goods, sold by the tun or schepel, the Director
General and Council of N. N. have chosen out of the persons nominated
for said office by the Burgomasters and Schepens, and hereby confirm
Jacob Leendersen van die Grift and Michiel Janzen, of which the com-
munity is hereby informed, that in the case of delivering or receiving any
grain, lime or whatever else is handled by the tun or schepel these sworn
measurers may be called and employed, who shall receive as salary for
their work for each tun of lime or such like 4 stivers, for each schepel 8
pence * or half a stiver, of which the receiver and the deliverer shall each
pay one half.
That henceforth no differences between the delivering and the receiv-
ing parties may arise, it is ordered, that from now nobody shall be allowed
to measure for himself or have measured by anybody else, than the sworn
* 16 pence make a stiver, 20 st. a florin, equal to 40 cents U. S.
i6s7] Ordinances of New Amsterdam. 31
measurers, any grain, lime or. goods, which are sold by the tun or schepel
or come here from elsewhere as cargoes and in wholesale, under a penalty
of 3 fi. for the first transgression, 6 fl. for the second and arbitrary cor«
rection for the third.
However we except from the operation of this order all measuring by
persons in their business or what among burghers goes from one hand to
the other for provisions, as long as they do not quarrel over the measure
and are satisfied with what is delivered or received and that the measures
have been gauged, according to law.
Thus done etc, February 19, 1657.
It has been found, that within this City of Amsterdam in N. N. many
burghers and inhabitants throw their rubbish, filth, ashes, dead animals
and such like things into the public streets to the great inconvenience of
the community and dangers arising from it. Therefore the Burgomasters
and Schepens ordain and direct, that henceforth no one shall be allowed
to throw into the streets or into the graft * any rubbish, filth, ashes, oyster-
shells, dead animal or anything like it, but they shall bring all such
things to the to them most convenient of the following places, to wit the
Strand, near the City hall, near the gallows, near Hendrick the baker, near
Daniel Litsco, where tokens to that effect shall be displayed, but not on
the public streets under a penalty of 3 fi.for the first offence, 6 fl. for the
second and arbitrary punishment for the third. Furthermore everybody
is ordered, to keep the streets clean before his house or lot under the
preceding penalties and that this be done, we herewith charge and com-
mand our Officer to execute this order after publication and to proceed
against all transgressors, as in duty he is bound.
Thus done etc, February 20, 1657.
Having considered the request of the Hon^* d'Silla as Schout, relat-
ing to the contravention of the bakers, whose bread has been found too
light, it has been decided, that if coarse bread, which ought March 5, 1657.
to weigh 8 lbs., is found to be more than 2 ounces too light, it shall be
taken away by the Officer and be confiscated and the baker be condemned
to the fine according to the ordinance of the Director General and Coun-
cil of October 30, 1656 and further that the bakers shall be summoned to
* A canal, running in the middle of the present Broad Street.
32 Ordinances of New Amsterdam. [1657
appear before the next meeting and be informed of their transgressions,
bnt they are this time to be forgiven their fines, receive only a reprimand
and be warned to pay better attention to their weight in the future under
the published penalties.
NOTICE.
The Schout, Burgomasters and Schepens of the City of Amsterdam
in N. N. to All, who shall see or hear these presents.
Know ye, that every inhabitant of this City and within its jurisdiction,
who intends to slaughter for his own consumption any ox, cow, calf, sheep,
lamb, hog or goat, must from to-day until the 26th of September 1658
report the true value of such animal and give notice thereof to Gerrit
Hendricks, the farmer of the slaughter-excise under a fine, payable by all,
who fail to do it.
For all such slaughtered animals, as above mentioned and to be con-
sumed here there shall be paid to said fanner one stiver of each florin of
its value.
For all salt meat and bacon, brought here in casks or barrels from
outside of this jurisdiction for consumption here, the farmer shall be paid
one stiver of every florin of its value.
For all fresh or salt meat, brought here not for consumption, but
export, the importer shall be bound to obtain from the said farmer an
import ticket, pertinently stating the quantity and weight of the meat and
when he exports it again, he must fetch from the farmer an export ticket^
paying each time 3 stivers.
Thus done and decreed at the meeting of the Burgomasters and
Schepens of the City of Amsterdam in New Netherland October i, 1657
and published from the City Hall on the 5 th following.
By Order of their Honors
Tymotheus Gabry, Secretary.
The Schout, Burgomasters and Schepens of this City announce and
notify, that with the knowledge and approval of their Honors, the Director
General and Council, they forbid, for the best of the City, that anybody
shall be allowed to build within a cannonshot from the City's wall.
Thus done etc, October i, 1657.
i6s7] Ordinances of New Amsterdam. 33
Their Honors, the Burgomasters and Schepens of the City of Amster-
dam in N. N. have learned by frequent complaints of this and that inhabi-
tant, that timber for piling, for building houses and necessarily used for
other purposes is stolen and carried off, whereby such work is hindered
and cannot be completed and great injury as well as damage is done, —
and to prevent this their said Honors hereby strictly forbid under arbi-
trary correction for the first offense, that anybody should dare do it or
have it done by either his servants or children or anybody else and the
parents, whose children are inclined to do it and who allow it without
punishing them, whereby they grow up in their wickedness and finally
cannot give up their daily habits, shall suffer the punishment of their
children, as if they themselves had committed the deed, without favour or
pity. Furthermore whoever upholds such persons for the sake of greed
and unrighteous gains shall be punished, as they are, for the receiver is as
bad as the thief, and they shall be held as accomplices and abettors.
Thus done etc., December 3, 1657.
It having been found, that some burghers and inhabitants of this
City of Amsterdam or their servants throw into the just commenced graft
all their filth, as ashes, dead animals etc. to the great inconvenience by
bad odors of the people working there, also again filling up, what has
been excavated, — Therefore the Burgomasters of this City hereby forbid,
that henceforth anybody shall make so bold, as to throw into said graft
any filth whatever, but he must carry it to the places, mentioned in the
proclamation of the 20th of February of this year under the penalty of
25 fl. and that this order may properly be carried out, the Hon"* Officer
is hereby commanded to execute it after publication and to proceed
against the transgressors.
Thus done etc., December 3, 1657.
Daily complaints are made to the Hon"* Magistrates of this city of
Amsterdam in N. N. against the many tapsters and tavern keepers, who
to keep their business going detain such persons, as for their own sake
and advantage would better attend to their occupations and protect their
families honorably with God's help, but cannot make up their minds to it,
because of the pleasures they find in drinking and jovial company by
VOL. I — 3
34 Ordinances of New Amsterdam. [1657
which they not only spend their daily earnings, but also when out of
money pawn the goods serving to the necessities of their families and
thereby obtain the means of continuing their usual drinking bouts.
Their wives and children suffer in consequence and become a burden to
the Deaconry of this City.
Their Honors, the Burgomasters and Schepens, to obviate this evil
therefore forbid all tapsters and tavernkeepers to receive in pawn any
goods, of whatever nature they may be, such as clothing, furniture or the
like, and to sell drinks therefor under the penalty of 25 fl. the first time,
of 50 fl. the second time with a suspension of their business for 6 weeks
and for the third offence closure of the place and restitution of the
pawned property.
Thus done etc., December 3, 1657.
NEW NOTICE.
All surgeons in this City are hereby notified, that the Court orders
them to inquire of their patient, whenever they dress a wound, who has
wounded him, and then to report it to the Schout or failing herein they
are to pay the fine, imposed for making the wound.
Thus done etc., December 3, 1657.
The Director General and Council of New Netherland to All, who
shall see these presents or hear them read, Greeting !
Know ye, that to prevent the misfortune of conflagrations, the roofs
of reeds, the wooden and plastered chimneys have long ago been con-
demned and Fire masters as well as Surveyors have been appointed for
that purpose. The Director General and Council have several times
published and renewed the pertinent orders, but nevertheless these
orders are obstinately and carelessly neglected by many of the inhabit-
ants, either because the fines and penalties are either too small and
lenient or because they are not levied and executed. This negligence
has now and then caused various mishaps and troubles by fires and it is
even to be feared, that it may lead to the ruin of this City, considering
that the houses are being built closer together. To prevent this the said
Director General and Council have decided it to be necessary, not only
to renew their former ordinances, but also to amplify the same and to
i6s7l Ordinances of New Amsterdam. 35
increase the fines as well as to have them promptly collected. They now
order, that all roofs, covered with reeds, all wooden chimneys, all hay
ricks, shall be taken down and removed within the next four months after
the publication hereof under the penalty of 25 A., which are to be
promptly collected for every house large or small, every hay stack or
wooden chimney, found in this City after the expiration of four months,
including herein also chickenhouses and hogpens ; of the fine one third to
go to the Officer, who is to collect it, two thirds into the City treasury. If
in the meantime a fire breaks out in any chimney or house, the respective
owner is to pay a double fire fine, to wit 100 fi., to be used according to
former ordinances. Furthermore, as it is usual in every well regulated
town, that fire buckets, ladders and hooks are kept at the comers of the
city or streets and in public houses, easily reached in time of need, which
is here more necessary, than anywhere else, because for want of stones
many wooden houses in this City are built one adjoining the other, there-
fore the Director General and Council hereby authorize and order the
Burgomasters of the City, that they or their Treasurer shall promptly
levy for each house, large or small, a tax of one beaver or 8 fi. in
wampum, according to the rating of the office, and with this revenue
order from the Fatherland by the first opportunity 100 or 150 leathern
fire buckets and to have some fireladders and hooks made with the sur-
plus, also to levy a yearly tax of one guilder for every chimney for keep-
ing these in good condition.
Thus done etc., December 15, 1657.
The Director General and Council daily learn to their regret, that
their former ordinance, relating to quarrelling, fighting, and beating each
other, is not observed and obeyed, agreeably to their good intentions,
but that some reckless persons transgress it for the sake of a single insult-
ing word, because of the smallness of the fine, imposed by the former
ordinance. This is proved by the fact, that some people do not hesitate,
to say even in the presence of the Officer : ** Oh, it costs only one pound
Flemish in wampum." To prevent this and further accidents from such
quarrels, the said Director General and Council hereby strictly forbid
the making of noise on the streets, quarrelling, hitting each other, be-
cause such things can only cause provocation and trouble, even murder.
36 Ordinances of New Amsterdam. [1657
under the penalty, that the transgressor hereof shall pay as fine for a
simple blow with the fist 25 fi. and if he causes blood to flow four times
as much and if it happens in the presence of the Officer, of a Burgomaster
or Schepen double the amount to be applied as is proper. Let every-
body heed this and guard against loss.
Thus done etc., December 25, 1657.
The Director General and Council daily see, that their former well
meant orders and proclamations are not obeyed, but that notwithstand-
ing their repeated renewals many fine and large lots in the best and most
convenient parts of this City remain unimproved and are kept vacant
by their owners, either for a profitable advance in price or for pleasure^
preventing others from building and thereby increasing the population
of the City, from promoting our trade and from beautifying this place^
which to do many newcomers might be induced, if they could buy a
convenient lot for a reasonable price, conform to the above mentioned
ordinances. The neglect, if not vilification, thereof principally leads to
the keeping back these large and fine lots for profit or pleasure and this is
done, because the former ordinances do not carry a fine ; for the owners,
who have held such lots for years without expenses, are keeping them for
an advance in price or using them for pleasure as orchards or gardens^
thereby preventing the erection of houses and the increase of the popula-
tion, hence also the advancement of trade and injuring the wellbeing of
the City, contrary to the good intention of the Lords Directors of the
West India Company, the Masters and Patroons of this Province, as first
givers and dispensers of the lots, to be used for the adornment, population,
increase of inhabitants, trade and welfare of the City by houses, as the
patents given expressly stipulate under such taxes, as said Lords or their
deputies may impose. In obedience to their orders the said Director
General and Council have lately caused their sworn surveyor, in the
presence of the Burgomasters to survey and measure the vacant lots for
regulating the streets and they find several hundred lots within the City
walls vacant and not built on. In order, that, agreeably to the good in-
tentions of the said Lords Directors and in conformity with the former
ordinances, these may the sooner be built upon, any way, that the doubts
about the ownership of such large lots for profit or pleasure without tax-
1658] Ordinances of New Amsterdam. Z7
ation may be settled and the person^, wishing to build on lots, acquired
at a reasonable price, may be accommodated, the Director General and
Council, amplifying the former ordinances ordain, that all vacant lots,
lately measured and laid out by the Surveyor of the Director General
and Council, shall immediately after publication hereof be appraised and
taxed, first by the owners themselves, that they may not complain hereafter
over the valuation by others, which appraisal shall stand as long as the
owner keeps the lot or lots unimproved, he paying his yearly tax of the
15th penny in two instalments, namely one half on Mayday, the other
before the Fairday of this City ; this revenue is to be applied to the
fortifications of this City and their repairs. The Burgomasters are
directed and authorized, to summon after the publication of these presents
before them in the City hall the owners of the lots in person, without re-
gard to their position and have them make the appraisal, which their
Secretary is properly to record and the Treasurer is to receive the re-
venue. In case of opposition or refusal they are civilly to reprove the
refractory person and tax his lot according to value and circumstances,
under the condition, that the owner shall have the choice of keeping
the lot, taxed by the Burgomasters, if he will pay as aforesaid the 15th
penny, or of surrendering it to them for the behoof of the City at the
price, put on it by the Burgomasters, while on the other side it is left to
the device of the Burgomasters, either to take the lot at its owner's price
for account of the City and sell it at this price to any one, who desires
and is ready to build, if the owner himself is not willing to build, conform
to the ordinances or else to leave it to the owner, until it is built upon by
him or others, when this burden, for good reasons laid upon unimproved
lots, shall be taken off. To promote the increase of population by their
living closer together, the strength and welfare of this City still more, the
Director General and Council ordain, that henceforth no dwellinghouses
shall be built near and under the walls or gates of the City in this juris-
diction, until the lots, hereinabove spoken of, have been properly
improved.
Thus done etc etc., January 15, 1658.
The Director General and Council of N. N. are not only informed,
but also notice, that some persons do not proceed with the solemnization
38 Ordinances of New Amsterdam. [1658
of their marriage as they ought to, even after the bans have properly been
proclaimed three times, but delay it from time to time, not only for weeks,
but even for months, which is quite contrary to the good order and
customs of our Fatherland. To prevent the irregularities arising from
such delays, the Director General and Council herewith order, that all
persons, who have their bans proclaimed three times and against whose
marriage no legal opposition exists, shall solemnize it within at least a
month after the third proclamation of the bans or else to appear before the
proper authorities and give the reasons for not doing so, all under the
penalty of lo fl. fine for the first week after expiration of said month and
20 fl. for each following week, until they have reported the reason of their
disobedience.
Furthermore no male and female shall be allowed to keep house
together like man and wife, before they have legally been married, under
a fine of loo fl. or as much more or less, than their position admits and all
such persons shall be amerced anew by the Officer every month, according
to the orders and customs of the Fatherland.
Thus done etc., January 15, 1658.
Whereas many, even the greatest part of the burghers and inhabitants
of this City build their privies even with the ground with an opening
towards the street, so that hogs may consume the fith and wallow in it,
which not only creates a great stench and therefore great inconvenience
to the passers-by, but also makes the streets foul and unfit for use, —
therefore to obviate it the Burgomasters and Schepens herewith order
and command, that all and everybody, whoever they or he may be, shall
break down and remove such privies coming out upon the street within 8
days after the publication hereof, rebuilding them in such places, that
they give the least offense to the community under the penalty of 6 fl. for
the first time, double as much the second and arbitrary correction the
third time.
Furthermore as the roads and streets o: this City are by the constant
rooting of the hogs made unfit for driving over in wagons and carts, the
Burgomasters and Schepens direct and order, that every owner of hogs in
or about the City shall put a ring through the noses of their hogs, to
prevent them from rooting, within 8 days under a penalty of 2 fl. for each
i6s8] Ordinances of New Amsterdam. 39
time (?), that this ordinance is not obeyed and that it may properly be
carried out, we charge and direct hereby our Officer to see to it and pro-
ceed against the transgressors after the publication hereof.
Thus done at the City hall, August 19, 1658.
The Schouty Burgomasters and Schepens of this City of Amsterdam
in New Netherland have thought it to be highly necessary, that agreeably
to the laudable customs of our Fatherland the measuring and gauging of
cans, weights, ells and schepels be regulated^ so that no questions and
troubles might arise from it and especially that everybody may be treated
alike. Therefore everybody, who uses such measures and weights in his
business for receiving or delivering wares, is hereby informed, that he
must come with them to the City Hall on the morning of the last of
August, where the Committee of this Court will sit from 9 to 11 o. c. a. m.
and 2 to 5 o. c. p. m. to mark the measures and weights brought, for which
marking there is to be paid into the City treasury
for each schepel 15 stivers
" " ell 20 "
" " can, large or small 6 "
** ** weight from i to 10 lbs.. .. 3 "
10 to 20 .... 5
20 to 50 . • . • o
over 50 .... 10
And if after the expiration of the said time someone is found, who
nses for receiving or delivering an unstamped ell, weight, schepel or can,
be shall be fined 10 fl. the first time, 20 fl. the second and twice as much
the third with the closing of his shop. The Hon"* Schout is hereby di-
rected and authorized, to see that this ordinance is strictly observed and
obeyed and whenever he thinks it proper to make visits of inspection and
carry it out.
Thus done etc., August 27, 1658.
The Schout, Burgomasters and Schepens of the City of Amsterdam
in N. N. to All etc. Greeting !
We have seen and noticed, besides we hear daily complaints among
the community over, such depreciation of the wampum, that it is almost
40 Ordinances of New Amsterdam. [1658
impossible to make bargains in it with bakers, brewers, peddlers, shop-
keepers, laborers and others. Wishing to remedy this trouble to the best
of our ability for the promotion of trade and the general welfare of the
inhabitants we have, with the knowledge and approval of the Director
General and Council, resolved and decreed, that henceforth, when differ-
ences arise between man and man, wampum shall in this City be worth :
8 white or 4 black beads of good wampum equal to one stiver ; besides in
cases of existing debts, payable in wampum, the debtors are allowed six
weeks time, in which to pay their creditors in 6 white or 3 black beads
for the stiver. If the creditors are not paid within this time, they have to
govern themselves according to this proclamation. We also recommend
to all bakers, brewers, shopkeepers and merchants to sell their goods at
reasonable prices to the people and we charge everybody to govern him-
self by the tenor hereof and guard against losses.
Thus done etc., October 10, 1658.
The Director General and Council of New Netherland to All etc.
Greeting !
Know ye, that notwithstanding the former reduction of wampum at
the public Counting House from 6 to 8 in white and 3 to 4 in black beads
for the stiver, we are still infonned by the remonstrance of the Burgo-
masters and Schepens of this City and the reports of others of the exces-
sively great and unbearable dearness of the necessary commodities and
articles, used in the house, caused by the abundance and depreciation of
wampum, which by the scarcity of beavers has been run down to 16 and
more guilders for the beaver, thereby affecting all household commodities
and necessaries to such a degree, that shopkeepers, tradesmen, brewers,
bakers, tapsters and chandlers charge 80, 90, even 100 per cent, whether
they dispose of their work or their goods for beaver or wampum. This
has induced the Director General and Council, at the request of the Burgo-
masters and Schepens, to allow wampum to pass at the Company's office
according to the formerly mentioned proclamation at the rate of 8 instead
of 6 white and 4 instead of 3 black beads for the stiver, but as past experi-
ences have taught us, it is not only to be feared, but also very probable,
that this reduction will not stop the complaints and the dearness nor
change the disparity between beaver and wampum in payments, while it
i6s8] Ordinances of New Amsterdam. 4^
may be presumed on the contrary, that the traders will give the more
fathoms or strings of wampum for a beaver, the more beads they receive
for a stiver. We must also dread, that the high prices for goods, even of
the most necessary commodities, such as beer and wine, shall continue
and be excused by the pretext of too great a disparity between beavers
and wampum. To prevent and remedy this as much as possible the
Director General and Council see no better means or expedient, than to
declare once more, as they have already done several times, to wit, that
wampum is only merchandize, bought, sold or bartered by the measure
or for a guilder, as parties may agree and that a payment in wampum in
sums above 20 fl. shall not be held valid in law, unless a written agreement
or acknowledgment of the parties convinces the judge. But in as much
as wampum must be current for want of ready money and for the daily
household necessities between man and man, purchaser and seller, the
Director General and Council think, that henceforth not wampum, but
the commodities as bread, beer and wine must be reduced and go up or
down in price following beaver, as the general market may demand it.
Therefore they direct and order, that bakers, brewers, tapsters and other
retailers shall not sell bread, beer or wine at higher prices, than those fixed
by the Director General and Council, also by the respective lower juris-
dictions with the knowledge of the Director and Council. Therefore to
prevent any further clamors and complaints over the high prices and to
regulate the price of commodities, like bread, beer and wine, which in
time to come may be changed and lowered, the Director- General and
Council have, by and with the advice of the Burgomasters of this City,
resolved and now ordain, that the brewers, bakers, as well as shopkeepers
and chandlers shall sell daily household commodities at three prices, to
wit for silver, beaver or wampum, as the latter has at present been reduced
all over the Province, to wit 8 white or 4 black beads for a stiver and ac-
cording to this order the brewers shall deliver the barrel of good beer for
10 fl. in silver, Holland value, for 15 fl. in beavers, the beaver at 8 fl., for
22 fl. in wampum, 8 white or 4 black beads for the stiver, small beer at
3 fl. in silver, 4^ fl. in beavers and 6 fl. in wampum.
The tapsters shall sell the vaan* at 6 stivers in silver, 9 in beavers, 12
* Two quarts.
42 Ordinances of New Amsterdam. [1659
in wampum ; the pot of French wine at i8 st. in silver, 24 in beavers and
36 in wampum ; the pot of Spanish wine at 24, $6 and fifty respectively ;
the quartern of brandy at 5, 7 and 10 resp.
The bakers shall charge for coarse wheat bread, the loaf weighing
8 lbs., 7 stivers in silver, 10 in beavers, 14 in wampum ; for rye bread of
the same weight 6, 9 and 12 resp. ; for white.bread in 2 lbs. loaves, 4, 6
and 8 resp.
Thus done etc etc., November 11, 1658.
The Schout, Burgomasters and Schepens of the City of Amsterdam
in N. N. to All etc etc. Greeting !
Know ye, that for the convenience of everybody it has been deemed
best and decided to establish in this City and jurisdiction a market of
lean and fat cattle, oxen, cows, sheep, goats, pigs, bucks and the like and
with the approval of the Director General and Council to have made and
put up convenient stalls for the benefit of everybody bringing cattle to the
market. If any animals cannot be satisfactorily sold, they shall be again
ferried over for nothing. Everybody is also hereby notified, that the time^
when lean cattle may be brought to the market shall begin on the ist of
May and end on the last day of the same month, the time for fat cattle
shall begin on the 20th of October and last until the 30th of November
precisely every year : during which periods it shall be a free cattle market
and no stranger shall then be liable to arrest or be subject to a summons,
but unmolested he may attend to his business. Let everybody govern
himself accordingly.
Thus done etc., January 7, 1659.
The Director General and Council of New Netherland hear to their
regret great complaints daily, that the posts, rails, clapboards and other
parts of the fences, put up around sown fields and gardens at great ex-
pense, trouble and labor for the protection of the crops, are stolen in the
night as well during the day. That what has been or may be sown or
planted be not destroyed and trodden down by cattle because of deficient
fencing, which must be feared, if no timely provision is made, also that
during the present winter all the lands and gardens may not be deprived
of their fences, which would lead to the destruction of everything sown
i6s9] Ordinances of New Amsterdam. 43
or planted and leave us no crops to gather next year, — the Director Gen-
eral and Council aforesaid, in the presence of the Burgomasters and Sche-
pens of this City and wishing to prevent it, hereby expressly admonish
every one, of what position or condition he may be, and at the same time
order, that henceforth no garden, sown or planted land shall be stripped
of posts, rails, clapboards or other fencing, under the penalty, for him, who
is found to do it wholly or partially, of being whipped and branded for
the first offense and of being punished with the rope until death, without
distinction of person and if after the date hereof somebody reports, a per-
son who has stripped fences of post, rails etc. he shall receive a reward
and his name shall be concealed.
Thus done etc., October 9, 1655, renewed December 30, 1658, and
again renewed January 7, 1659.
Many complaints are daily made among the burghers and inhabitants,
because they cannot obtain any coarse bread at the bakers, as none or only
a little is baked ; while white bread, cakes or sugarpones are too expen-
sive for the general public, to be used in the families. Considering the
high price and scarcity of grain, also the complaints of the bakers, that
they cannot bake bread at the formerly fixed prices without loss, the
Schout, Burgomasters and Schepens, to obviate new complaints as much
as possible fix the prices of bread as follows :
For each loaf of wheat bread, weighing 6 lbs. . . .15 stivers.
" " rye " " " "... 12
u u u ^jj.^^ u u " «... 4
And hereby we order all bakers and people, who make baking their
profession, to govern themselves by the foregoing weights and prices and
to accommodate the burghers, inhabitants all and everybody, needing
bread or wishing to buy it, but to prevent any more complaints we forbid
herewith the baking of cakes or sugarpones.
Within this City of Amsterdam in N. N., following the laudable cus-
tom of the City of Amsterdam in Europe, all casks, ells, cans and weights
are marked yearly for the prevention of frauds and cheating, which may
be done with them. Therefore, that everybody may be treated alike and
justly the Schout, Burgomasters and Schepens order, that all, who use
such measures and weights in their business, shall have them measured
44 Ordinances of New Amsterdam. [1659
and stamped by the sworn Gauger, appointed for this purpose by their
Honors under the penalties formerly published. As Gauger of casks Jan
Jansen van Brestee, cooper, has been appointed and for the measuring
and marking of ells, cans and weights Andries de Haas, who will receive
their pay out of the fees according to the regulations given them. Let
everybody govern himself hereby.
NOTICE.
Herewith everybody is informed, that all, who intend to slaughter any
animals, such as oxen, cows, calves, sheep, goats, hogs or the like, either
for their own consumption or to sell fresh meat, within the jurisdiction
of this City, must report such slaughtering to Egbert Meindersen at the
Landgate,* the farmer of the slaughter excise, stating to him the true pur-
chase price or value of the animal and demanding from him the proper
excise ticket, for which one stiver of the guilder value must be paid to
him, under the penalty of losing the meat and paying the fine, fixed by
law. Said farmer must also be informed of all salt meat and bacon, in
casks or smoked, coming into this City from outside for consumption
here, for which as before one stiver of the guilder in price or value is to
be paid to him. If such meat or bacon, coming from outside, is not con-
sumed here, but again exported, the farmer must be informed of it, a cer-
tificate of import must be procured and on exportation a like certificate
of export, each certificate calling for a payment of 3 stivers and a correct
statement of the quantity and weight under the penalties, fixed by law.
Let everybody take notice hereof and guard against loss.
Thus done etc., September 25, 1659.
The Burgomasters and Schepens of the City of Amsterdam in N. N.
to All etc etc, Greeting !
Know ye, whereas there are coming here every year in the ships
many Scots and traders, who, without previously having asked for, much
less obtained the Burgherright, according to the privileges granted them
by the Director General and Council, go with their merchandizes and
goods to Fort Orange or elsewhere, to sell them there and thus to gather
and take away the greatest profits, which the burghers and inhabitants of
this city, not allowed to do it, must lose and
* Broadway and Wall Street.
i66o] Ordinances of New Amsterdam. 45
Whereas thereby the bread is taken out of the mouths of our peo-
ple, quite contrary to the privileges of Staple and Burgherrights, granted
to this City by the Lords Directors of the W. I. Company,
Therefore, considering the maintenance of their privileges and the
prosperity of this City, the Burgomasters and Schepens order and charge
all Scots and traders not to undertake the sale of any goods here, or to go
with their merchandizes from here to Fort Orange or elsewhere in New
Netherland, before first having asked for and obtained their Burgerright
and having kept an open shop within this City. We also order and charge
our officer here to pay strict attention hereto and properly to proceed
against all transgressors. Let everybody be warned and guard against loss.
Thus done etc., March 9, 1660.
The Burgomasters and Schepens of the City of Amsterdam in N. N.
to All etc. etc. Greeting !
Know ye ; that some burghers and inhabitants of this City have pre-
sented to the Burgomasters a certain memorial for the purpose of securing
foreign trade, which memorial having been communicated by the Burgo-
masters and Schepens to the Hon"' Director General and Council, these
were pleased to submit it to the Lords Directors of the W. I. Company
with a favorable endorsement. According to an extract from a letter of
the said Lords Directors to the General and Council, a foreign trade
privilege has been granted to this Province as being a measure to animate
the cultivation of this country, on the advancement and continuation of
which depends the prosperity and rise of this Province. It is expressly
stipulated however, that the ships, going from here to France, Spain, Italy,
the Caribean Islands and other countries, to sell their loads of products
or whatever other goods they may have, must with their return freights,
bought with the receipts, touch at the City of Amsterdam in Europe or
here for the purpose of paying at the discharge and sale of their cargoes
such duties, as the Director General and Council shall deem reasonable.
The community is informed hereof, that those, who like to engage in such
traffic, may govern themselves by it.
Thus done etc., March 9, 1660.
The Schout, Burgomasters and Schepens of the City of Amsterdam
in N. N., hereby inform everybody, that, in accordance with an order of
46 Ordinances of New Amsterdam. [1661
the 30th of January last, made at their request by the Hon**** Director
General and Council of New Netherlands all those, who absent themselves
from here for four consecutive months, without keeping here fire and light,
shall lose their Burgerright and therefore, when they return must buy it
anew. Further nobody shall be allowed to go with his goods and mer-
chandize to Fort Orange or elsewhere to trade, without first having been,
agreeably to the order of the Director General and Council of May 25,
1660, in this City for six consecutive weeks and kept open shop here, but
they may do it under the abovesaid order on condition, that they shall
pay to the City 20 fl. in beaver or its true value besides the fees for their
Burgerright.
Thus done etc., February 25, 1661.
Ordinance, relating to the Bakers and how they are to bake their
Bread.
A whole wheat bread must weigh 8 lbs
A half " " " " 4 "
A whole rye bread ** " 8 "
A half " " " " 4 •*
A white bread, sold for 10 stivers must weigh .... 2 "
A ditto " " " S " " " ....I "
The buns or rolls must weigh 2 lbs and not less, the halves in propor-
tion ; all this until further orders. And you are hereby further ordered
by the Schout, Burgomasters and Schepens of this City, to govern yourself
accordingly under the penalties, stated in the proclamation, and to
designate the bread, you bake, with a special mark under the penalty of
forfeiting the bread, found unmarked, and paying a fine of 25 fl. You
are also to report the mark, which you intend to use, to the Secretary of
this City within three times twenty four hours.
Thus done etc., March 25, 1661.
Marks of the Bakers, which they have reported according to the
order of Schout, Burgomasters and Schepens as to be used.
X this is the mark of Jacob Teunizen Kay
X " " ** " Hendrick Janzen, baker
X " " " " Reinier Willemzen Backer (or baker)
X " " " " Jan Gerrisen from Buytenhuysen *
* Literally the Outside Houses, or Outside of the House.
z66i]
Ordinances of New Amsterdam.
X this is the mark of Andries de Haas.
X " " " " Antony de Milt.
X ** " " ** Hendrick Willemzen, baker.
47
Hereby all bakers in this City are ordered by their Honors, the Bur-
gomasters and Schepens, that from the date hereof and as soon as these
presents shall have been communicated to them they are to bake for the
convenience of the burghers and inhabitants as well as others, who may
need it good wheat and white bread, whenever they have the flour to do
it, under the penalty of being forbidden to bake for a year and six weeks
and a fine of 50 fl., payable by him, who shall be found to have flour and
not to have baked. A fine of 25 fl. shall be paid by all, who do not bake
good and eatable bread.
Thus done etc., September 17, 1661.
The Schout, Burgomasters and Schepens of the City of Amsterdam
in N. N. to All etc etc.. Greeting !
Know ye. that to renew former proclamations and ordinances of the
Hon**** Director General and council, especially that of October 26, 1661,
concerning the baking and sale of coarse and white bread, which both are
not baked of proper weight and suitable dough, but mostly with bran and
thus sold, and to prevent this practice.
All bakers and those, who carry on the business of baking, are hereby
ordered, constantly to bake for the convenience of the burghers and in-
habitants coarse bread and to keep it for sale in the open shops. Whoever
refuses to obey this order, shall be forbidden to carry on his business for
a year and six weeks. Bread shall be baked and sold at the following
prices :
One double loaf of wheat bread, weighing 8 lbs.
for
22 stivers
n
«
ii
One single
One ditto
One double loaf of rye bread.
One single
One ditto
One loaf of white bread.
One ditto
One ditto
((
ik
it
«
li
it
(C
i(
ii
ii
i%
%t
4*
<<
• t
ii
»<
4
2
8
4
2
2
I
i
ii
Ii
a
ii
a
ii
ti
<i
i\/»
• •..** 0hi
l{
,...ii '
ii
• •• si'
ii
,...i8 '
ii
.... 9 '
it
.... 4'
ii
....10 '
it
.... 5 '
tt
.... 2^'
48 Court Minutes of New Amsterdam. [1661
Bread of lighter weight or sold without the knowledge and consent
of the Director General and Council at different weight and higher price
shall be confiscated and the baker shall besides pay a fine of 25 pounds
Flemish for the first time, twice as much the second time and 100 pounds
the third time with absolute prohibition of continuing the business. No
baker or any one, who makes it his occupation to bake coarse or white
bread for sale to Christians, shall be allowed to mix sifted bran, wholly or in
part, with any kind of coarse or white bread for Christians, as already
stated herein and under the penalties mentioned, the decision thereof
resting with the judgment of the Court and those, whom for their superior
knowledge of bread they have chosen and authorized thereto, to wit Hen-
drick Willemsen, the baker and Christoffel Hooglland. It is forbidden^
henceforth to bake cakes, cracknells or sugarpones under the penalty of
their confiscation and a fine of 50 fl. and to insure the carrying out of
this order our Officer is charged, to pay strict attention and to proceed
according to law against all transgressors.
Thus done etc., October 21, 1661.
PRAYER BEFORE MEETING.
Oh God of Gods .... [paper broken and worn away] of Hosts
Heavenly and Merciful ..... We thank Thee, not only that Thou hast
created us but also that Thou hast received us in
Christ as allies. In addition it has pleased Thee to
make us the rulers of the people in this place. Oh, Lord, our God, we mis-
erable men acknowledge, that we are not worthy of this honor, we are also
too weak and unfit to discharge this trust, unless Thou, oh God, gives us as-
sistance. We pray Thee, the Fountain of all good Gifts, make us fit through
Thy grace, that we may do the duties, imposed upon us, faithfully and hon-
estly. Enlighten for this purpose the darkness of our minds, that we may
distinguish right from wrong, truth from lies and give clean and just decision
as judges, having our eyes on Thy Word, which is a sure guide to simple
wisdom. Let Thy law be the light upon our paths and a lantern for our
footsteps, that we may never leave the path of justice. Let us remember,
that we hold Court, not of men, but of God, who sees and hears every-
thing. Let respect of person be far from us, so that we may judge the
1653] Court Minutes of New Amsterdam. 49
poor and the rich, friends and enemies, inhabitants and strangers, accord-
ing to the same rules of truth and never deviate from them as a favor to
anybody, and whereas gifts blind the eyes of the wise, keep our hearts
from greed, grant also, that we condemn nobody lightly or unheard, but
listen patiently to the litigants, give them time to defend themselves. Thy
mouth and Word be our counsel. Grant us also the grace, that we may
use the power, which Thou hast given us, for the general benefit of the
authorities of the church, the protection of the good and the punishment
of the bad. Incline also the hearts of the subjects to dutiful obedience,
that by their love and prayers our burden may be lightened. Thou know-
est also, oh Lord, that bad and ungodly men usually vilify and speak
against Thy holy ordinances, therefore arm us with strength, courage, wis-
dom and confidence, that we may oppose all sins and bad things earnestly
and zealously and fight for truth and justice, until we are dead. Please
also, oh good Lord, to bless the resolutions, to be taken by us, that they
may be carried out and have effect to the honor of Thy holy Name, for
the best of this place, entrusted to us, and for our salvation. Hear and
listen to us, oh good God, in this and in all, which Thou knowest is for
our good, for the sake of Jesus Christ, Thy dear son, in whose name we
close our prayer thus :
Our Father etc etc.
Thursday, February 6, 1653, present Martin Krigier, [Aarent van
Hattem], Poulus Leendersen van die Grift, Maximilyanus van Gheel,
Allard Anthony, Willem Beeckman and Pieter (Wolfertsen).
Their Honors, the Burgomasters and Schepens of this City of New
Amsterdam, herewith inform everybody, that they shall hold their regular
meetings in the house hitherto called the City tavern, henceforth the City
Hall,* on Monday mornings from 9 o. c, to hear there all questions of
difference between litigants and decide them as best as they can. Let
everybody take notice hereof. Done this 6th of February, 1653, at N.
Amsterdam. Signed (as above except Arent van Hattem).
* This building stood then on the North side of Pearl Str., nearly opposite to tl^e
bead of Coenties Slip.
VOL. I.— 4
50 Court Minutes of New Amsterdam. [1653
Monday, February lo, 1653, in Fort Amsterdam. Present as above
and C. van Tienhoven as Schout.
Tomas Stevensen, pltf, v/s Hendrick Rudients, deft. Deft, in default.
Tomas Stevensen, pltf, v/s Comelis Jacobsen Stille, deft. Pltf demands
payment of 50 fl. balance of the purchase money of a house, bought of Pieter
Bralin, which Pltf. had taken in payment. Deft, admits that he owes 48 fl.,
but says skipper Lourens has agreed to pay 24 fl. and whereas it appears,
that skipper Louris has not paid anything, deft, is condemned to pay his
own debt by the next first of May.
Juryaen Blanck, pltf. v/s Harmen Smeeman, deft, for payment in bea-
vers for a brewkettle, delivered to deft, according to an obligation. Deft,
acknowledging the debt offers to pay within a fortnight, which satisfies
pltf.
Sybout Clasen, pltf. v/s Harmen Smeeman, deft., demands in writing
payment of wages, 6 beavers, earned from Volckert Evertsen dec'd, whose
estate has gone into the hands of deft, as heir. Deft, denies the debt, be-
cause it has not been mentioned in former accounts or been talked of.
Pltf. is ordered, to prove his claim.
Harmen Smeeman, pltf., v/s Sybout Clasen, deft., demands payment
of 13 beavers, according to judgment of the Director General and Council
of October 7, 1652. The Burgomasters and Schepens decide, deft, must
pay as adjudged.
Abram Planck, pltf., v/s Dirck Teunissen, deft. Pltfs. wife ap-
pearing, it is ordered, that pltf. must come in person, as he is in town ;
therefore default is entered against him.
Pieter Andriesen, pltf., v/s Louris Duyts, deft : Jan Willemsen ap-
peared to answer for deft., but had no power of attorney, therefore deft,
is ordered to appear in person and declared in default.
Auken Jansen, pltf., v/s the wife of Juryaen Andriesen, deft., demands
payment of 24 fl. for wages according to account. Deft, says, pltf. has
damaged the work and the building more, than he has earned and con-
tends, that therefore nothing is due to him.
Gillis Pietersen and Abram Clock, carpenters, are authorized by Bur-
gomasters and Schepens to inspect the work and directed to make a writ-
ten report of their findings.
1653] Court Minutes of New Amsterdam. 51
Auken Jansen, pltf., v/s Hendrick Gerritsen, deft. Deft, in default,
Jacob Willemsen, pltf., v/s Hendrick Gerritsen, deft. Deft, in default
Hendrick Gerritsen, pltf., v/s Roelof Jansen and Jan Gerritsen, defts.
Ptlf. in default.
Hendrick Hendricksen, pltf., v/s Andries Pietersen Kuyper or cooper,
deft., demands payment of 31 (1. on a note of hand. Deft, acknowledege,
the debt. Burgomasters and Schepens decide, agreeably to def t's offer
that he must pay within a month from date.
Joost Goderis, pltf., v/s Gulyam d' Wys, deft. Pltf. complains, that ^
deft, has spoken to him and said, that Joost should give him, deft., a bet-
ter opportunity, to have sexual connection with his, pltf s., wife, for, said
deft. Allard Antony has it. He demands law and justice. The deft,
denies the charge and demands copy of the complaint. Pltf. is ordered
to prove his accusation and deft, is allowed to have a copy of it.
Joost Goderis, pltf., v/s Isaack Bedloo and Jacob Buys, defts. Pltf.
appearing in Court accuses defts., substantially as follows : First, that he,
Joost Goderis, came in a canoe from Oyster (now Ellis) Island with a boy,
where they had been for oysters and pleasure. When they came off, they
met the defts. with Gulyam d' Wys, Gyshert van der Donck, Jan Vinje,
Pieter Werckhoven, Harmanus Hartoogh, and the young Comelis Melyn.
The deft., called out loud and said to Joost Goderis : You cuckold, then
they sang out : Joost Goderis ought to wear horns, like the cattle in the
woods etc and Bedloo with Buys said also to Goderis : Allard Antony
has had your wife down on her back. Pltf. further complains, that when
he came to the neighborhood of Loochmans house on the Strand after
guardmount and asked Bedloo, why he had so insulted him, he, Bedloo,
answered : " You fool, I have said nothing, you said it yourself," where-
upon he, Joost, gave Bedloo a slap, who drew a knife and cut him, Goderis,
in the neck as may be seen. He demands law and justice. Defts. deny all
and demand copy of the complaint. Burgomasters and Schepens order,
that pltf. must verify his complaint by next Courtday and defts. are
granted the desired copy.
Monday Afternoon, February 10, 1653, in Fort Amsterdam Present :
Arent van Hattem, Marten Krigier, Poulus Leendersen, Willem Beeck-
man, Allard Antony, M. van Gheel and Pieter Wolfertsen.
52 Court Minutes of New Amsterdam. [1655
It is resolved by their Worships, the Burgomasters and Schepens of
the City of N. Amsterdam, met in session, to submit the following to the
Hon^** Director General and Council, to-wit : It ought to be ordered,
that at the first opportunity a weighhouse be opened for the convenience
and accommodation of all and everybody, to weigh all wares, none ex-
cepted, which are delivered here, and to appoint somebody to weigh
everything above 50 lbs, for which he is to receive a fee of one penny per
pound, payable by both purchaser and seller, each one half or as they agree.
Also, that all weights and measures, such as ells, schepels, tuns, half
barrels, quarters and cans should be stamped, according to the custom of
Old Amsterdam.
Furthermore, that it is necessary to appoint Orphanmasters, for which
position there have been nominated by a plurality of votes from this
Board Poulus Leendersen van die Grift and Willem Beeckman, from the
citizens Olof Stevensen (van Cortlandt) and Comelis Steenwyck, out of
whom the Director General and Council may elect a single number, [that
is two]. Thus done etc Febry 10, 1653. Signatures.
It is again resolved by Burgomasters and Schepens to submit to the
Director General and Council the preceding points and to await an answer
thereto in writing. Done at the City Hall, February 24, 1653. Signatures.
Monday, February 17, 1653. Present as above and Schout C. van
Tienhooven.
Sybout Clasen, pltf., v/s Harmen Smeman, deft., demands payment
as on the preceding Courtday and brings his accountbooks as proof.
Deft, now acknowledges not to have paid for the coffin. Burgomasters
and Schepens give pltf. time until next Courtday, to consider, whether he
will swear to his accounts and that it is a just debt, for which he has never
received payment or if he cannot take the oath, his demand is to be denied.
Hendrick Egbertsen, pltf., v/s Hendrick Gerritsen, deft. Deft, in de-
fault.
Carsten Clasen, pltf., v/s Isbrant Goethart, deft. Deft, in default.
Abram Planck, pltf., v/s Dirck Teunissen, deft., says, he has rented
certain lands to deft, for the fourth part of the products, but he has only
received one seventh ; therefore he demands delivery of the balance ; he
also complains, that deft, has not delivered one fourth part of the lime
under sentence of Court. Deft, admits the lease of the land and says, he
1653] Court Minutes of New Amsterdam. 53
has given pltf. one just fourth of the crops from the land : he demands
proof to the contrary, asserting also, that he has measured off a fourth of
the lime. After hearing both, they are ordered to bring proofs of their
allegations next Courtday.
Jacob Kip, pltf., v/s Hendrick Hendricksen, deft., demands delivery
of 10 schepels of barley or payment of 30 fl., pleading for his seizure.
Deft, admits to owe 30 fl. and is ordered to satisfy pltf. in 14 days.
Jan Peeck, pltf., v/s Jan Gerritsen, deft., demands payment of 48 fl. x8
stivers for victuals consumed at the funeral of one Jems Bronck, a soldier,
who had been shot dead, for which deft, had given security. Deft, says,
it is true, he has been at the party, consuming the victuals, but as he is
no heir nor has received any benefits from deceased, he maintains, he is not
bound to pay. Having heard both. Burgomasters and Schepens decide,
that deft, is not bound to pay, but that pltf. must look for payment of his
claim to the estate of deceased or his pay from the Company.
Joost Goderis, pltf., v/s Pieter Werckhoven, deft. Deft, in default.
Joost Goderis, pltf., v/s Gysbert Verdonck, Jan Vinje, Harmanus Har-
toogh and Antony van Hardenberger, defts., each for himself. Pltf. re-
quests, that defts. make their declarations before the Court, according to
the interrogatory, submitted by him, which was done in full session, each
being examined singly.
Johannes de Peyster, pltf., v/s Philip Galpyn, deft., demands return of
purchase money, by him promised and paid to deft, for a barrel of
mackerel, which, pltf. says, he has seen only 7 or 8 days after purchase in
the ship and which upon receipt turned out to be spoiled in the middle
and at the bottom. He offers to return the mackerel. Deft, answers,
that pltf. came on board for mackerels and a barrel having been opened
at one end, he, deft., said, pltf. should look at the fish and if they suited
him, he might have them or else leave the barrel aboard. Pltf. admits
this. Burgomasters and Schepens, having heard complaint and answer
and paid close attention to the statements of the parties, order, that Jan
de Peyster shall pay to deft, the balance, of what he owes for the mack-
erels, because after the opening of the barrel he had seen the fish, they
had pleased him, he had purchased and received the barrel. Considering
the further claim of damages, suffered by deft, through his appearance in
Court, according to summons. Burgomasters and Schepens declare this
54 Court Minutes of New Amsterdam. [1655
claim frivolous, as pltf. proves by witnesses, that he has satisfied deft for
it. This claim for damages is therefore denied.
C. van Tienhoven, ex officio as Schout, pltf., v/s Stoffel Elsers, deft.
Pltf. says, deft, had called Adam Roelantsen, the woodcutter, from his
work in the Church, outside of the Fort and then attacked and beaten him
on the public street, as appears by the complaint and request of the Schout
for sentence in writing. Deft, denies having called Adam Roelantsen out
of the Fort or beaten him. Their Worships, having heard both sides, decide^
that Stoffel Elsers is provisionally to be released from the prison, on con-
dition, that he promises in writing to appear at all times, when summoned.
Their Worships, the Burgomasters and Schepens, appoint Paulus
Leendersen van die Grift and Wilh. Beeckman a Committee, to hear the
witnesses of Joost Goderis and the case of Stoffel Elsers in the presence
of the Officer and to report to the full Board.
Monday, February 24, 1653, in the City Hall. Present as preceding.
Jan Barentsen, carpenter, pltf., v/s Isbrant Dircksen Goethart, deft,
demands payment of 117 fl. 5 st earned. . . . Deft, admits the debt
to be just and promises to pay within a month, which satisfies pltf.
Karsten Clasen, pltf., v/s Isbrant Dircksen Goethart, deft. Pltf. in
default.
Pieter Luyckesen, pltf., v/s Isbrant Dircksen Goethart, deft., demands
that deft, shall pay 20 beavers according to an obligation and the judg-
ment of Director General and Council of Septbr. 2, 1652. Their Worships
refer to said judgment.
Eiendrick Egbertsen, pltf., v/s Hend*" Gerritsen, deft. Deft, a second
time in default.
Dirck Tuenisen, pltf., v/s Pieter Kock, deft. Deft, in default
Tomas Hall and Egert Woutersen are hereby authorized by Burgo-
masters and Schepens, to decide as arbitrators the differences between
Abram Planck and Dirck Teunisen, the Norman, concerning the produce
of the land and the lime, as well as they can or else report their findings
in writing to their Worships.
Pieter Kock, pltf., v/s Annetie Comelissen Van Vorst, deft Question
of marriage, Jacob Stoffelsen, as stepfather of deft appears before the
Court and the litigants hand in some writings, which having been read to
x653] Court Minutes of New Amsterdam. 55
them mutually. Burgomasters and Schepens decide, that each side shall
have a copy of the papers of the other, and order, that deft must appear
in person with her stepfather next Courtday and that then the parties
shall state, what else they may have to claim.
Gysbert van der Donck, pltf., v/s Willem Jansen, deft. Deft, in default.
Tomas Spyser, pltf., v/s Marten Jansen, deft. Pltf. in default.
Sybout Clasen, pltf., v/s Harmen Smeeman, deft. Pltf. coming into
Court offers to swear, according to previous order, to the half share, which
is charged against him and as Albert Jansen is absent, who has helped
doing the work, he is deferred to the next day of Court, then they are to
appear together and each for himself to confirm by an oath, what is still
owing to them.
Jacobus Schellinger, pltf., v/s Willem Komtael, deft., demands pay-
ment of zo6 fl. 5 St. 12 p. for goods received, for which deft, has promised
to deliver tobacco. Deft admits the debt is just and is condemned by
Burgomasters and Schepens to pay the sum demanded within 6 weeks.
Casper Steenmets, pltf., v/s Judick Verleth, deft., demands a balance
of 71 fl. 4 St 8 p. according to account of wages earned by his wife as
servant of deft, who produces an account, showing that pltf. has to claim
only 75 fl. wages, and 15 fl. in wampum, also that as specified she has re-
ceived goods to the amount of 128 fl. z st. 8 p. including freight, so that
pltf. still owes a balance of 39 fl. Burgomasters and Schepens decide,
that the parties shall give each other copies of their accounts and that
the wife of Casper Steenmets shall personally appear before the next
Court.
Jermyn Nieulant, pltf., v/s Claes Terhaer, deft, demands payment of
7 fl. 10 St. for shingles, delivered to deft, on the Strand. Deft, denies
having seen or received the wood and pltf. is ordered, to prove his state-
ment.
Hendrick Gerritsen, pltf., v/s Auken Jansen, deft. Both in default
Jan Gerritsen, pltf., v/s Hendrick Gerritsen, deft Deft in default.
Willem Albertsen, pltf., v/s Claes Terhaer, deft. Pltf. has paid and
advanced to deft 105 fl. 16 st., of which he has received in return in casks
75 fl. according to his account, so that there is a balance of 30 fl. still due
him, which he wants paid. Deft's accounts upon examination agree to
within I fl. 17 St. with the money received, but he claims, they show, that
56 Court Minutes of New Amsterdam. [1653
he has earned 90 fl. in casks. Thereupon the Burgomasters and Sche-
pens authorize Jan Jansen and Tomas Frericksen, both coopers here, to
appraise the work, done by deft as to its value here and to make parties
agree or else make a written report of their opinion.
Monday, March 3, 1653, at the City Hall. Present as before. Schout
Cornelis van Tienhoven delivers the following answer to the propositions :
Concerning the propositions of their Worships, the Burgomasters and
Schepens of this City of New Amsterdam
The Director General and Council of New Netherland decide, that,
when proper, a weighhouse and scales shall be built and made. An ordi-
nance concerning it shall be passed, as soon as the weighhouse is ready,
and weights and measures be furnished, which shall be conform to the
standard of Amsterdam ; all weights and measures in this Province shall
be regulated by it in conformity with former orders and regulations con-
cerning this matter, copies of which shall be given to Burgomasters and
Schepens, that in the meantime they may, through the Schout, have all
measures and weights examined and stamped with a mark, selected by
them.
Concerning the appointment of Orphanmasters, however praise-
worthy the intention of the Burgomasters and Schepens is and the Direc-
tor General and Council are pleased with it, yet considering, that more
appendages are required thereto, before such an Orphans Court could be
established, for which the weak state of this just beginning City is not
yet prepared, while at the same time it is not less necessary according to
God's orders to take care of widows and children, the Director General
and Council decide, that the Deacons shall keep their eyes open and look
as Orphanmasters after widows and orphans, reporting to Burgomasters
and Schepens or when necessary to Director General and Council, that
special curators may be appointed for this or that widow and orphans or
over their estates, whereupon Burgomasters and Schepens or as the case
may be the Director General and Council shall make such order and ap-
point such curators as may be required by circumstances, the curators
being responsible to Burgomasters and Schepens and if these learn, that
the effects and property of widows and orphans are not taken care of, they
are to appoint curators and call the negligent to account.
i6s3] Court Minutes of New Amsterdam. 57
Thus done at the meeting in New Amsterdam, this 26th of February
a* 1653. Signed
P. Stuyvesant.
Below stood : By order of the Hon"* Director General and
Council of New Netherland signed :
Carel van Brugge, Secretary.
Marten Jansen, pltf., v/s Tomas Spyser, deft. Pltf. in default, ex-
cused on account of bad weather and Tomas Spyser, having been heard
in regard to his last default, is found not to have been properly summoned
and therefore excused.
Pietcr Kock v/s Annetie van Vorst. Deft, absent because of bad
weather and excused.
Willem Albertsen, pltf., v/s Claes Terhaer, deft., demands payment of
what is due to him according to accounts and the decision of the arbi*
trators, appointed by Burgomasters and Schepens. The accounts having
again been examined by the Court, it is found, that there is due to him a
balance of 30 fl. 13 St., therefore Burgomasters and Schepens condemn
deft., to pay said 30 fl. 13 st. which as the arbitrators say are due to pltf.
either in work or in money within 6 weeks from date.
Hendrick Sweet, pltf., v/s Claes Terhaer, deft. Pltfs default excused
by bad weather^
Germyn Nieulant, pltf. v/s Claes Terhaer deft. Pltf. in default and
excused on account of bad weather.
Tennis Kraey, pltf., v/s Andries Kuyper, deft. Both in default.
Jan Gerritsen, the smith, pltf., v/s Krigier Inscob, deft. Deft, in de-
fault.
Jan Gerritsen, the mason, pltf., v/s Hendrick Gerritsen, deft. Deft,
being in default the third time, pltf. demands judgment against him for
wages earned, to-wit working on an axle-tree 16 fl., of which he has re-
ceived 10 fl. by the making of a suit and a pair of leather breeches, also
19 fl. earned in raising defts. house. Burgomasters and Schepens con-
demn deft, for his contumacy to pay to pltf. within 4 weeks the above
specified and demanded sum of 25 fl.
Gysbert van der Donck, pltf., v/s Willem Jansen, deft., demands that
deft, shall enter upon and perform his services as contracted. Deft, takes
exception and wants copy of the contract. Burgomasters and Schepens
58 Court Minutes of New Amsterdam. [1653
decide, that deft, may have the desired copy and order him to appear next
Courtday with his answer, or else, if he is in default, he must go to his
service.
Sybout Clasen and Albert Jansen appeared in Court according to
order of February 24 and each for himself stated under oath, that they
had never been paid or received anything on their claim by Harmen
Smeeman, as heir of Volkert Eversen, and that they still have a just claim
on him. Harmen Smeeman is condemned to pay said sum in money, such
as is usually current here.
Guliam d' VVys, pltf., v/s Joost Goderis, deft. Pltf. declares himself
insulted by the complaint of deft, made last Courtday and requests, that
deft, shall give security for the expenses and damages, already caused and
likely to follow, in case he fails to prove his allegations. He demands
also reparation of his honor. Deft, states, that his witnesses have not yet
handed in their testimony, therefore pltfs complaint cannot be received.
Joost Goderis, pltf., v/s Gysbert van der Donck, deft., demands that
deft, shall swear to his declaration. Deft, having been further examined
on the interrogatory refuses to confirm it under oath.
Joost Goderis v/s Jan Vingne. Pltf. makes the same demand, as in
preceding case and deft, refuses to make oath to his declaration.
Joost Goderis v/s Harmanus Hartoogh. Deft, says, he is not bound
to swear to such trifles and further declares, that Buys had asked Goderis
for lettre repressaille (permission to help himself).
Joost Goderis v/s Antony van Hardenbergh, demands, that deft,
swear to his statement. Deft again examined further says, that Buys
asked Goderis for letter repressaille, but declares, he cannot swear to it
Pieter Werckhoven, examined in Court by the Committee of February
17, answers to the first question, not to have heard it, to the second, third,
fourth and fifth the same, to the sixth, that he had seen Bedloo run after
Goderis, but not that he struck or wounded him. He refuses to swear to
his statement
Questions, ordered by Burgomasters and Schepens on the requisition
of Joost Goderis to be categorically answered with yes or no by Gysbert
van der Donck, Jan Vinje, Antony Hardenbergh and Harmanus Har-
toogh to-morrow the 4th of March at 9 a. m., when the said persons shall
be held to confirm their declarations by oath according to law :
1^53] Court Minutes of New Amsterdam. 59
I
Whether on the 29th of January, on Oyster Island, they have heard
Buys and Bedloo, or somebody else of their party call to Goderis " You
cuckold and homed beast, Allard Antony has had your wife."
2.
Whether Buys did not ask Goderis for a letter of reprisal or permis*
sion, to sleep with his, Goderis', wife, saying, Allard Antony does it.
Done in Court as aforesaid, March 3, 1653.
The abovenamed men, having been given the foregoing in Court,
propose, that they should be indemnified for the loss of time and other
expenses, which they have already had or may have by this examination
and they demand sufficient security, whereupon Burgomasters and Sche-
pens tell them, this point will be considered.
Tuesday morning, March 4. Present Arent van Hattem, Poulus^
Leendersen van die Grift, M. van Geele, Willem Beeckman and Pieter
Wolfertsen.
Pursuant to order of March 3 Gysbert van der Donck was heard*
He answers, that he is firmly resolved to stand by his former declaration
and is not willing to swear, whether he has heard the insults or has had
any knowledge of it, because he is in doubt, as there was a great deal of
bantering talk, which he cannot confirm or deny categorically.
Jan Vinje is absent.
Antony Hardenbergh, examined pursuant to order of March 3, re>
fuses to swear to his former statement, also whether he has heard the
insults or that he has had any knowledge of them.
Harmanus Hartoogh answers like the others, that he is not willing to-
swear to his declaration.
Said men, appearing together in Court, persist in their former state-
ments.
March 4 in the afternoon. Present at the City Hall : Arent van
Hattem, P. L. van die Grift, Pieter Wolfertsen, M. van Geele and C. van
Tienhoven, Schout.
At the meeting of the Burgomasters and Schepens of this City of
New Amsterdam Joost Goderis, a burgher and inhabitant of the City^
6o Court Minutes of New Amsterdam. [1653
has made a complaint, the details of which may be seen in the Minutes
of February loth, to- wit, that he, Joost Goderis, has been insulted and
called a cuckold and homed beast, of whom permission was demanded
to sleep with his wife, because the persons, asking this, said, Allard
Antony did so, and other unseemly language, whereupon then he was
ordered to bring suit. He has done so on the 17th of February, the
other side denying the insults, whereupon said Goderis requested, that
his witnesses might be examined on certain questions. They were sum-
moned legally, appeared and as they gave no categorical or satisfactory
answers, they were allowed time for consideration and it was ordered,
they should again be questioned in the afternoon by a Committee. As
these witnesses then also only referred to the answers given in the mom-
in*g, said Goderis had them again called up on March 3d with the same
result. But they, towit, Gysbert van der Donck, Jan Vinje, Harmanus
Hartoogh and Antony van Hardenbergh refused to answer the questions
categorically under oath, with yes or no, as is usual in legal proceedings.
In addition said witnesses were given time to consider their refusal until
9 o.c. next moming and when they again came except Jan Vinje, they
still refused to declare in a few words, whether their statements had been
true or whether they had any knowledge of the occurrence. Upon this
refusal the Burgomasters and Schepens, as in duty and by their oaths
bound, find themselves obliged to uphold the respectability of said
Goderis and wife as far as law and justice demand and considering the
obstinacy of the said witnesses, they order, as they hereby do, that the
said Gysbert van der Donck, Jan Vingne, Harmanus Hartoogh and
Antony van Hardenbergh shall provisionally remain prisoners in their
respective bouses or dwellings to still further consider, whether they are
willing to give a truthful declaration under oath, as everybody is bound
to do, when asked, and if they once more refuse, contrary to the usages
of law, they shall be proceeded against according to law.
Done by the Court of Burgomasters and Schepens March 4, 1653.
Saturday, at 3 o.c. p.m., March 8, 1653. Present Poulus Leendersen
van die Grift, Allard Antony, Pieter Wolfersen with C. van Tienhoven as
Schout.
Antony van Hardenbergh was heard in regard to the questions of
1^53] Court Minutes of New Amsterdam. 6i
March 3d and declares in answer to the first, that he has not heard it. To
the second he says, it is true, that Buys asked for the letter of reprisal and
Joost Goderis answered " If you can induce my wife to do it, I am satis-
fied," but he has not heard the name of Allard Antony mentioned. He
declares, not to have heard this from d'Wys and to know no more of the
matter. This he confirmed by solemn oath before the Schout.
Examined on the questions of March 3d Harmanus Hartoogh from
Amsterdam, 24 years old, says to the first, that he has heard Bedloo shout
'' Cuckold, homed beast," but does not know, whom he meant ; he also
says, he has heard the name of Allard Antony mentioned several times,
but does not know by whom. To the second question, he says, that Buys
asked Goderis permission to sleep with his wife, but has not heard the
words " For Allard Antony does it." He declares this to be the truth
and not to know more relating to this case. He offers to swear to his
statement, but is given time for consideration until next Courtday and
ordered to remain in detention until then.
Gysbert van der Donck, being examined, takes exception, because
he was only 19 years old last January, hence not of age and he therefore
undertakes to prove next Courtday, by several authors and men learned
in law, that he is not obliged, to take an oath in such a case.*
Jan Vinje, summoned with other witnesses, has removed and is absent,
therefore he was not examined. Done etc
Monday, March 10, 1653. In the City Hall present etc
Pieter Kock v/s Anna van Vorst. Deft, in default.
Marten Jansen v/s Tomas Spyser. Pltf. Jansen says, that deft, is try-
ing to eject him from the land, which he, plft., has rented from deft.,
before the time, stated in the contract, has expired and that lessor has
not fulfilled the conditions ; he therefore claims damages according to
specification. Having heard both sides the case is referred by Burgo-
masters and Schepens to Elbert Elbersen and Pieter Clasen to decide as
arbitrators or else to report their findings to the Court in writing.
Marten Jansen, pltf., v/s the wife of Tomas Spyser, deft., says, deft,
has insulted him by saying, that he had been dishonest in Holland and
*Damhoiider ** In Criminalibus " cap. 50, says, that in criminal cases the Roman law
rejected youths under 20 years of age as witnesses.
62 Court Minutes of New Amsterdam. [1653
had therefore been obliged to come to this country. Deft, demands proof
of pltfs. statement, and it is so ordered.
Marten Jansen, pltf., v/s. Elbert Elbertsen, Willem Gerritsen and
Geertie Jacobs, defts. Defts. in default.
Jan Jansen, the cooper, pltf., v/s Adam Roelantsen, deft, demands
payment of 23 fl. 5 st. for bacon, delivered by him to deft, to be sold. Deft.
admits, having received the bacon and says, he has sold it to Luycas
Eldersen, who refuses to pay for it as bad.
After hearing both sides Burgomasters and Schepens condemn deft.
to pay aforesaid money to pltf. within one month, he retaining his claim
for the bacon, delivered to Luycas Eldersen.
Jan Carreman, pltf., v/s Tomas Baxter, deft., demands evidence of
truth and as pltf. is absent, it is ordered, that deft., shall make his declara-
tion before the Secretary or the Notary.
Sergeant Huybert v/s Jan Carreman. Pltf. in default.
Hendrick Egbertsen,plft., v/s. Hendrick Gerritsen, deft., demands pay-
ment of 35 fl. 16 St., advanced last year for the building of deft's. house,
with expenses. Deft, doubts, that he owes as much. Burgomasters and
Schepens refer litigants to Auken Jansen and Christiaen Barentsen, carpen-
ters, to view the work and see, whether pltf. has advanced as much as he
claims. They are also to try and make the parties agree or else report
their opinion to the Court.
Jacob Gerritsen Strycker, pltf., v/s Jan Gerritsen, mason, deft, de-
mands payment of 4^ beavers and 18 stivers for goods delivered to and
received by deft, according to note of hand in 165 1. Deft admits the
indebtedness and excuses himself by saying, he cannot give beavers.
Burgomasters and Schepens decide, that deft, must pay his obligation or
on presentation thereof in 8 days from date offer good wampum at such a
price, that pltf. may buy beavers therefor.
Tomas Griddy, pltf., v/s Borger Jorisen, deft Deft, has beaten pltf.,
run after him with a drawn knife, taken 4 oxen out of pltfs. stable and
has driven them away against pltfs. wish. Pltf. had hired the oxen from
deft, and the case had been settled by arbitrators, but Borger Jorisen had
rejected their decision. Deft, brings his contract with pltf. into Court
and asserts, he is much injured by pltf. Burgomasters and Schepens de-
cree, that each side shall give copy of their papers to the other, to answer
in writing next Courtday and prove their allegations.
»653] Court Minutes of New Amsterdam. 63
Willem Pietersen, pltf., v/s Claes Hendricksen, deft., demands, that
deft shall give him a deed for the lot, bought of him, and that according
to the oldest deed, he may have. Deft, offers to make the conveyance, as
he has had it from G. Loockermans, as he himself has only a conveyance.*
After hearing the parties Burgomasters and Schepens decide, that pltf
may have a copy of the first patent, but that deft, may give a valid con-
veyance out of his.
Matewis Vos, pltf., v/s Adriaen Keyser, deft. Pltf. as curator of the
estate of Andries Johan Cristman demands from deft payment of 27 fl.
13 St bookdebts. Deft, admits having received the goods, except a quart
measure, a pint measure and a pair of snuffers, amounting to 7 fl. 13 St.,
and makes a counterclaim of 13 fl. 12 st for silver and gold galoon, de-
livered to said Cristman dec'd May 8, 1652, so that he owes only 6 fl. 8 st.
He declares this to be true and offers to swear to it. Pltf. requests, that
whereas the estate is insolvent, deft, must come in with the other credit-
ors. Burgomasters and Schepens decide, that deft, may deduct from the
demanded sum his counter claim and the things not received.
Matewis Vos, Curator as before, pltf., v/s Willem W. . . . deft., de-
mands payment of 9 fl. 5 st., due to Kristman dec'd. Deft, denies the
debt and declares upon his word as a man, that he has paid Andries Krist-
man dec'd and owes nothing. Burgomasters and Schepens therefore dis-
miss pltf 's. claim. '
Matewis Vos, Curator as before, pltf., v/s Poulus Heymans, deft., de-
mands payment of 28 fl. 10 st., due to Kristman dec'd on book account
Deft, denies having received anything, but claims 38 fl. 10 st, due by
Kristman for disbursements. Burgomasters and Schepens order deft, to
prove his claim at the next session.
Matewis Vos, Curator as before, v/s Anneke Hendricx, wife of Jan
van der Bil, who appears for the wife. Pltf. demands payment of 24 fl.
18 St. bookdebts. Deft, being in doubt, whether he has not already paid,
he is condenmed to pay within a month from date or prove, that he has
paid.
Carel Van Brugge, as Vendue master of the estate of Kristman dec'd,
t/s Willem Pietersen for 32 fl. 7 st. for goods purchased out of said estate.
^ A distinction is made in the original between grontbruf (deed) and transport
(coDTejance).
64 Court Minutes of New Amsterdam. [1655
Deft, admits having bought the goods and requests, he may offset the
amount by what Kristman owed him. He is condemned to pay pltf. for
the goods purchased and to bring action for the 6 fl. due him, against the
Curators.
Fran9ois Fyn, pltf., v/s Comelis Jansen Coele, deft, says, he has given
deft, some goods to take South, sell them there as if they were his own and
return, what was not sold ; then he, pltf. would reward deft, for the sales
according to the decision of impartial men. But deft, has disposed of a
piece of duffels, for which he has not paid pltf. and payment is now de-
manded. Deft, admits, that he has received the goods under these condi-
tions, but, he says, one piece of duffels was delivered with some of his
own cargo to Jan Schudt, who was killed by the savages, before he had
paid. He maintains therefore, he is not bound to pay for it. After hear-
ing both sides and having considered the case Burgomasters and Schepens
decide, that Comelis Jansen shall pay to pltf. for said piece of duffels as
much as it shall be found, he receives from the heirs of said Jan Schudt
dec'd and that pltf. has no further claim on deft.
Comelis Jansen Coele, pltf., v/s Jan. Nagel, deft, demands from deft.,
as husband of the widow of Jan Schudt dec'd, payment according to bill
for goods sold and delivered to said Jan Schut at the South River of New
Netherland * under the condition, that he should pay for them, as soon
as he came back from his journey and that, what was not sold, might be
returned. Deft, shows by an affidavit, that pltf. did not sell the goods
absolutely to Jan Schut dec'd, but gave them for joint profits and claims,
that as Jan Schut has remained with his goods and been killed, he has
sufficiently paid for them, therefore he, deft., is not bound to pay. Pltf.
is at his request allowed to take copy of the affidavit and directed to prove
his claim.
Carel van Brugge, pltf., v/s Cornells Jansen, the Zealander, deft.
Dft in default
Pieter Kock, pltf., v/s Anneke van Vorst, deft. Deft, appears in per-
son with her stepfather and hands to the Court an answer in writing to the
written demand of Pieter Kock, pltf., made Febry 24th. This answer was
read to pltf., and at his request, to have a copy of it for reply, it was
granted.
* The Delaware River.
*^53] Court Minutes of New Amsterdam. 65
Jannetie, wife of Casper Steenmets, pltf., v/s Judickie Verleth, deft,
for wages. Burgomasters and Schepens finding, that parties have made
no written agreement, and having carefully listened to the statements on
both sides, decide, that the services of pltf. began, when she went aboard
ship at Amsterdam, that according to the confession of pltf. the passage
price from Holland was to be deducted from the wages and to settle the
question of goods received, Jacob van Couwenhoven and Pieter Cornel**
issen van der Veen are hereby authorized to balance accounts.
The petition of Gulyaem Jansen, farmlaborer of van der Donck, pre*
sented to the Court, in which he asks to be made a free man, was endorsed
as follows : Burgomasters and Schepens decide, that petitioner shall for
the present remain in his service and if he has any further claims, he may
present them.
Gysbert van der Donck and Harmanus Hartoogh appear in obedience
to the order of March 8th as witnesses in the case of Joost Goderis, but as
the Schout is absent, they are directed to remain in detention, until sum-
moned.
G. van der Donck handed to the Court his exceptions, why he should
not be held to take an oath in the said case ; offering to appear, whenever
summoned, he requests to be released from confinement, so that he may
attend to his business, which, he prays, may be conceded to him.
At a general meeting of the Director General and Council of New
Netherland, present their Worships, the Burgomasters and Schepens,
except Marten Crigier.
Upon reading the letters from the Lords Directors and the last re-
ceived current news from New England concerning the preparations there
for either defense or attack, which is unknown to us, it is generally
resolved :
First. The burghers of this City shall stand guard in full squads over
night at places, to be decided upon by the Director General and the
abovenamed Magistrates, but they shall begin immediately at the City
Tavern, now the City Hall.
Second. It is considered highly necessary, that Fort New Amsterdam
be repaired and strengthened.
Third. Considering said Fort Amsterdam cannot hold all the inhab-
▼OL 1 — S
66 Court Minutes of New Amsterdam. [1653
itants nor defend all the houses and dwellings in the City, it is deemed
necessary to surround the greater part of the City with a high stockade
and a small breastwork, to draw in time of need all inhabitants behind it
and defend as much as possible their persons and goods against attacks.
For the present it is impossible, to protect by stockades the villages,
where the people live at great distances from each other and thus carry
out the good intentions and orders of our Masters. It is also not possible,
to protect and defend them in such manner against attacks ; therefore it
has been decided to concentrate the forces of New Netherland for the
better protection of one place.
Fourth. It has been decided to raise some means, whereby the fore*
going and what else may be required for defense can be carried out, upon
which the Director General and Council with the said Magistrates shall
deliberate until to-morrow and then pass a resolution.
Fifth. It has been resolved, privately to tell the skipper of Jan Jansen
Visscher to bend his sails, to load his pieces of artillery and to keep his
ship constantly clear for every emergency, and if either during the night
or day he requires further assistance it shall be sent to him.
Done on the 13*? of March 1653 at the said meeting in Fort Amster-
dam and continued on the 14^. Signed : A. van Hattem, Burgomaster,
Schepens : P. L. van die Grift, Wilh. Beeckman, Pieter Wolfersen, M,
van Gheele, Allard Antony, La Montague, P. Stuyvesant, Fiscal Tien-
hoven, Brian Nuton.
Below stood : To my knowledge it agrees with the original :
Carel van Brugge, Secretary.
Thursday, March 13, in the afternoon, there met in Fort Amsterdam
Arent van Hattem, Burgomaster, P. L. van die Grift, Wilh. Beeckman,
Allard Antony, M. van Geele and Pieter Wolfersen, Schepens, Burgomas-
ter Martin Krigier absent, and having considered the propositions of the
forenoon they resolved :
List of those, who shall provisionally contribute the sums set against
their names for the defense of the City :
Mr. Werckhoven, 200 fl. ; Johannes van Beeck, 200 fl. ; Johannes
P' Vcrbrugge, 200 fl. ; Johannes Gillisen Verbrugge, 100 fl. ; Johannes
de Peyster, 100 fl. ; Cornelis van Steenwyck, 200 fl. ; Gouert Loocker-
1^53] Court Minutes of New Amsterdam. 67
mans, 150 fl. ; Olof Stevensen, 150 fl. ; Jacob van Couwenhoven, 150 fl. ;
Jacob Schellincx, 200 fl. ; Pieter Prins, 100 fl. ; Antony Van Harden-
bergh, 200 fl. ; Johannes Neflus, 100 fl. ; Gulyam d' Wys, 200 fl. ; Pieter
Buys, 100 fl. ; Adriaen and Johannes Keyser, 100 fl. ; Paul us Schrick,
100 fl. ; Jacob Gerritsen Strycker, 100 fl. ; Fran9ois Fyn, 100 fl. ; Mate-
wis d' Vos, 100 fl. ; Adriaen Blommert, 100 fl. ; Evert Tesselaers clerks,
200 fl. ; Jacob Backer, 150 fl. ; Nicholas Boodt, 100 fl. ; Isaack Foreest,
100 fl. ; Abram Geenes, 100 fl. ; Jacob Steendam, 100 fl. ; Antony Clasen,
50 fl. ; Jan Jansen de Jongh, sive junior, 50 fl. ; Borger Jors, 100 fl. ;
Jan Vinje, 50 fl. ; Arent van Hattem, 100 fl. ; Marten Krigier, 100 fl. ;
Paulus Leendersen, 100 fl. ; Wilh. Beeckman, 100 fl. ; Pieter van Couwen-
hoven, 100 fl. ; Maximilyan van Geel, 100 fl. ; AUard Antony, 100 fl. ;
Abram de la Nooy, 100 fl. ; Daniel Litschoe, 100 fl. ; Philip Geraerdy,
50 fl. ; £gbert van Borsum, 100 fl. Total, 5000 fl. ; Hendrick Kip, 50 fl.
1. The burgherguard is ready, but the Director General and Council
are requested to furnish fuel and light
2. The Manhatans shall be fortified with palisades and a breast*
work.
3. The fort shall be strengthened for defense.
4. The Treasury of the City shall have between four to five thousand
florins to carry out the needed works and said money shall later be re-
funded by all interested in New Netherland after taxation of their
estates.
5. This is considered necessary. Done in Fort Amsterdam, as
above.
Burgomasters and Schepens of this City, except Marten Krigier,
state and ask in regard to the resolutions of March 13, 1653.
1. Whether it is not necessary, first to set off this City of New Am-
sterdam in the most convenient way with a stockade, which having been
done as quickly as possible, Fort Amsterdam should be put in a proper
condition of defense as a place of retreat. To carry out this, they offer
to furnish the sum of four, five or six thousand florins, to be paid after
the work is done by the community interested.
2. Said Burgomasters and Schepens further submit to Director General
and Council, whether it is not necessary, to dispatch, besides the letters.
68 Court Minutes of New Amsterdam. [1655
already sent, some delegates to the respective Colonies of New England,
our neighbors, deputies of which, as is learned, are going to meet on the
first of April next Thereby not only a quicker answer will be received
to our letters, but they can also offer good and binding conditions for the
continuation of our former intercourse and commerce, besides learnings
how far they are affected by the differences and the war in Europe, broken
out between their High Mightinesses and the present government of Eng*
land.
Thus done and resolved at Fort Amsterdam in N. N. March 14, 1653*
Signed Arent van Hattem et aL
Copy. Having seen and considered the memorial of the Burgomas-
ters and Schepens of this City of New Amsterdam, pointing out, first and
above all, that the City ought to be fortified with palisades, then that the
fort should be put into a condition of defense, for which they propose to
furnish four to six thousand guilders.
The Director General and Council are pleased with these proposi-
tions, notwithstanding that apparently they are to some extent contrary
to the letters from our Lords Patroons and our resolutions of yesterday.
We therefore consent that the suggested and requested fortifications shall
first properly be prepared for defense under the supervision and directions
of the Director General and Council or their agents in the presence of
Burgomasters and Schepens or their deputies and to have this work com-
menced as soon as possible, the Director General and Council appoint as
their representatives from this Board the first Councillor Monsieur la
Montague, who will see with the deputies from the Commonwealth, that
the work is properly carried out
As to the other suggestion of sending delegates to our neighbors of
New England, even though the necessary letters have already been written
to Boston and Pl3rmouth, to which as yet no decisive answers have been
received, — the Director General and Council also agree to it and decide,
that delegates be sent to the respective Colonies with credentials and
instructions, to be drawn up by the Director General and Council, of
which Burgomasters and Schepens shall have due information. When
these credentials and instructions are ready the Director General and
Council will consider, whom to send.
Done etc etc, March 14, 1653.
^^53] Court Minutes of New Amsterdanu 69
At the City Hall, Saturday March 15, 1653, present Arent van Hat-
tem, Wilh. Beeckman, Pieter Wolfersen and M. van Gheel.
Burgomasters and Schepens have by a plurality of votes nominated
and elected Schepens Pieter Wolfersen and Wilh. Beeckman, whom they
hereby authorize, to supervise with the Hon^'** Mr. la Montagne, ap-
pointed by Director General and Council, the work of fortifying this City,
and to take care, that it is properly done, and Burgomaster Arent van
Hattem shall pay out the funds, furnished as per list. Done etc. March
15. 1653.
Arent van Hattem nominates : Pieter Wolfersen and Allard Antony ;
P. L. van Grift names : M. van Gheel and Wilh. Beeckman ; Pieter
Wolfersen ; Poulus Leendersen van die Grift and Willem Beeckman ; M.
▼an Gheel : Wilh. Beeckman and Pieter Wolfersen ; Allard A. : Arent
van Hattem and M. van Gheel.
Votes cast for : Pieter Wolfersen, in ; W. Beeckman, iii ; M. van
Gheel, 11 ; P. L. van die Grift, 11 ; A. van Hattem, i ; Allard Antony,
I ; 12 in all.
Notice : The Committee, appointed by Director General, Council and
Magistrates of this City will receive proposals for a certain piece of work
to set off the City with palisades, 12 to 13 feet long, by the rod. Any one,
who wishes to undertake this work may come to the City Hall next Tues-
day afternoon, hear the conditions and look over the work. Done etc.
March 15, 1653.
Let one tell it to the other !
At the City Hall, Monday, March 17, 1653, present Arent van Hat-
tem, Burgomaster, etc.
Abraham de la Nooy, pltf., v/s Comelis Clasen Outewael, deft, for
debt. Pltf. demands in writing an order for the money, due him, as deft
intends to remove. Deft, admits, that he owes 243 fl. on a note, but says
that the time, set in said note, has not come yet ; he also admits, that he
thinks of removing to the North. Having heard both sides Burgomasters
and Schepens decide, that as deft, intends to remove, he is bound to give
to pltf., before going, an order for the payment of said money or sufficient
security.
Carel van Brugge, pltf., v/s Comelis Outewael, deft. Pltf. in de-
fault.
70 jCourt Minutes of New Amsterdam. [1653
Philip Geraerdy, pltf ., v/s Comelis Outewael, deft., demands in writing
the balance of a loan of 26 fl. 14 St., which deft, has promised to pay in silver.
Deft, denies the debt and asks for the account and proof thereof. Burgo-
masters and Schepens decide, pltf. must produce account and witnesses.
Adam Roelantsen, pltf., v/s Luycas Eldersen, demands from deft,
payment for bacon, sold and delivered, amounting to 23 fl. 5 St., for he^
pltf., has been sentenced to pay the same to Jan the cooper, saving his
recourse against deft. Deft, acknowledges, to have bought and received
the bacon, but pltf. had promised, that it should be good, while when he
received it, he found, that it stunk and was not good ; also that he sold
50 lbs. of it to Jan Haes at the same price, as he had paid for it and had
to indemnify Jan Haes without receiving all his money ; he had given
away the rest. Burgomasters and Schepens decide, that whereas deft, has
sold the bacon and disposed of it by giving it away without complaint, he
is bound to pay pltf. and therefore condemn him to do so in three weeks.
Luycas £ldersen, pltf., v/s Jacob Haey, deft. Deft, in default.
Tomas Griddy, pltf., v/s Robert Willemsen, Jacob Clercq and Ul-
drich Jansen defts. ; the last in default. Pltf. asks, that defts. shall give
evidence before the Court in his suit against Borger Jorisen, which Jacob
Klercq and Robert Wollingh have done.
Thomas Griddy, pltf., v/s Borger Jorisen, deft. Pltf. repeats his
former complaint and proves by the declarations of two witnesses the
wrong and injury, done him by Borger Jorisen. After the said evidence
had been read to him in Court, deft, denies the occurrence and asks for a
copy of the affidavits for rebuttal, which is allowed with the order, to
deliver his answer in writing.
Jacob van Couwenhoven, pltf., v/s Jan Mahu, deft. Pltf. says, that
he has delivered to deft, three of the stamped gun barrels, to repair or
change something on them, 15 or 16 months ago ; but they have not yet
been returned to him for the completion of his list. Deft, admits, he has
the guns yet and offers to return them without charge in eight days, which
he is ordered to do on pain of arrest.
Sergeant Huybert, pltf., v/s Jan Carreman, deft. Pltf. says, he has
bought of deft, through Wessel Eversen a pair of millstones, but when he
came at the appointed time to fetch them away, they were refused to him
according to an affidavit. He demands therefore, that deft, shall be now
compelled to deliver said stones at his own expense in Gravesend, and
1653] Court Minutes of New Amsterdam. 71
claims to have already suffered expenses and damages through the re-
fusal of delivering them to the amount of 64 fl. as specified. Deft, ad-
mits having sold the stones to pltf. and says, he had given written orders,
that Wessel Eversen should deliver them, but had not directed to refuse
the stones and therefore is not to blame. After hearing the litigants
Burgomasters and Schepens decide the complaint well founded and leave
it at the discretion of deft, to deliver the stones sold at Gravesend or pay
the above mentioned expenses, saving his action against Wessel Eversen.
Deft., Mr. Kerman, agrees to deliver said stones to pltf. at Gravesend
between now and May, reserving his action v/s Wessel Eversen.
Gulyam Jansen, farm laborer, pltf., v/s Gysbert van der Donck, deft,
for indemnification for the loss of his clothing and other things, which
through the carelessness of defts father, then his master, were stolen from
the boat by Indians. Burgomasters and Schepens refer the case to Jacob
van Couwenhoven and Michiel Jansen as arbitrators, to adjust it in 14
days, when ver Donck promises to give said Jansen leave to come to the
fort. Meanwhile Gulyam Jansen is ordered to return to his service.
Marten Jansen van Bruckelen, pltf., v/s Elbert Elbersen, Willem
Gerritsen, Jacob Pietersen, Elcke Jans and Geertie Jacobs, defts. He
asks, that they shall give evidence of what they know of the insults offered
to him by Mr. Spyser's wife. Defts. appearing in Court made their state-
ments, but had nothing of importance to say.
Marten Jansen also requests, that whereas through Mr. Spysers fault
they cannot come to an agreement in the matter about lands, which has
been before referees, the Court would appoint two of its members at the
expense of the defeated. Decision : At the request of petitioner Burgo-
master Arent van Hattem and Schepen Pieter Wolfersen are appointed
to hear this case and definitively to settle it with the assistance of the
former referees.
Coenraet ten Eyck, pltf., v/s Allard Antony, deft, asks for the return
of a hogshead of tobacco, sent by Mr. Doudey and marked with pltfs.
stamp, which tobacco deft, had opened and now retains. Allard Antony
says, pltf. had given his consent, that he might retain the tobacco, which
plft denies and deft, agrees to prove. After hearing both sides Burgo-
masters and Schepens condemn deft., Allard Antony, to prove, that pltf.
had given his consent for retaining the tobacco or in default thereof
surrender it
72
Court Minutes of New Amsterdam.
[i6S3
At the City Hall, Monday afternoon, March 17, present etc.
Harmanus Hartoogh has at the meeting of Burgomasters and Sche-
pens present being A. van Hattem, Poulus Leendersen, Wilh. Beeckman,
P. Wolfersen, M. van Gheel, confirmed before Schout C. van Tienhoven
with a solemn oath the statement, made in Court on the 8th. of March
x^53» ending with : So truly help me God !
Jan Vinje has sworn in Court to his answer, that he has nothing
further to say to the questions.
Gysbert van der Donck persists in his written exceptions and requests,
they may be given to Goderis for reply, but protests, that the law is against
the Court and he therefore forced to swear to his declaration. Burgomast-
ers and Schepens, affirming their former resolution, decide that G. v. Donck
shall remain in detention, until he swears voluntarily to his'statement
Burgomasters and Schepens have by plurality of votes, as hereafter
may be seen, elected as delegates to New-England out of their Board as
follows : Poulus Leendersen van die Grift and Allard Antony. Nominated
by A. van Hattem were Paulus Leendersen and M. van. Gheel, by Poulus
Leendersen : Allard Antony and Wilh. Beeckman, by M. van Gheel : Arent
van Hattem and Paulus Leendersen, by Allard Antony : Poulus Leen-
dersen and Willem Beeckman, by Pieter Wolfersen : Poulus Leendersen
and Allard Antony, by Wilh Beeckman : Pieter Wolfersen and Allard
Antony. Votes cast : for Poulus Leendersen 4, Allard Antony 3, W.
Beeckman 2, M. van Gheel i, Pieter Wolfersen i, A. van Hattem i,
altogether 12.
Conditions, under which the Committee will have the work done :
The palisades must be 12 feet long, 18 inches in circumference,
sharpened at tlie upper end and be set in line. At each rod a post 21 inches
in circumference is to be set, to which rails, split
for this use shall be nailed one foot below the
top. The breastwork against it shall be 4 feet
high, 4 feet at the bottom and 3 feet at top,
covered with sods, with a ditch 3 feet wide and
2 feet deep, 2% feet within the breastwork.
The length of the ground, to be lined with
palisades is 180 rods, the end of the rods being the last of the money.
Payments will be made weekly in good wampum.
3f.
3f.
4f./4f.
9 f . above
ground
l_|-2>^ f.
2f.
3 f . under
ground
1653] Court Minutes of New Amsterdam. 73
Jacob van Couwenhoven and Jacob Stoffelsen offer to do one half
of the work in partnership at 50 fl. per rod. Tomas Baxter bids for all or
part at 45 fl. per rod. Poulus Leendersen bids for one half at 40 fl. and
the Committee offers to give 25 fl. a rod.
The Committee, appointed for the work of making this City of New
Amsterdam defensible, met to-day, March 18, 1653, at the City Hall and
after repeating the conditions several times they have found, that nobody
is willing to do the work for a less price, than 40 to 50 fl. per rod. As this
would cost a great deal the Committee provisionally suspend the bid-
ding, considering it profitable and useful, after a conference, to set it
off with planks and finding, that this would cost only three to four thou-
sand florins, they will communicate with the Hon^* Director General and
inquire, what is to be done. Done as above.
La Montague
Wilh. Beeckman
Pieter Wolfersen
Specification of the expenses :
180 rods make 2340 feet, 15 feet to the plank make 156 planks in
length, 9 planks high, altogether 1404 planks at i^ fl., that is 2106 fl.
340 posts cost 340 fl
nails 100 "
for transport 120 "
for setting them up and carpenters wages. . . . 500 ''
Total 3166 fl.
Copy. The Committee of Director General, Council and Magistrates
will publicly receive bids for the delivery of 300 to 350 posts, 12 to 13
feet long. If anybody is disposed to take this contract, he may come to
the City Hall on Thursday afternoon, the 20th of March at i o. c. and hear
the conditions. March 19, 1653.
By their order
Jacob Kip, Secretary.
The above notice was cried out through the City.
Conditions and stipulations, under which the Committee will enter
upon the contract, to wit : There must be furnished 300 oaken posts, 12
feet long, 20 inches in circumference in the middle, 300 split rails, 11
Dutch feet long, 3 to 4 inches thick. This lumber is to be delivered here
74 Court Minutes of New Amsterdam. [1653
at the Manhatans on the Strand near Loockermans house or at the
Beavers Path and that within 14 days. Payment to be made in good
wampum, when the lumber has been delivered.
Tomas Bacxter publicly agrees, to deliver all said posts and rails for
20 stivers for each post and rail together. Done this 20 of March 1653.
At the City Hall, Monday, March 24, 1653, present etc.
Fran9ois Poschot, pltf ., v/s Jan Haes, deft. Deft, in default. Tomas
Griddy, pltf., v/s Borger Jorisen, deft. Deft, in default Philip Geraerdy,
pltf., v/s Comelis Outewael, deft. Deft, in default.
Abram de la Nooy, pltf., v/s Comelis Outewael, deft. Deft, in default
and pltf. demands, that the attachment, taken out against defts goods in
the hands of Adriaen Dircksen Coen by virtue of a note, be declared valid
and an inventory of the goods be made. So ordered.
Jan Carreman, pltf., v/s Wessel Eversen, deft., asks, for what reason
deft, had refused to deliver the millstones to Sergeant Huybert, who had
bought them, which refusal had caused a loss of 64 fl. This loss pltf. asks
deft, to make good or else to deliver the stones at his own expense to Ser-
geant Huybert at Gravesend. Deft, admits having refused to give the
stones, belonging to Mr. German, to Sergeant Huybert by order of Jan
Teunissen, who had said, he wanted to buy them from Mr. Karman.
Burgomasters and Schepens decide, that deft, is bound to deliver said
stones in Gravesend or pay the expenses aforesaid, saving his recourse
against Jan Teunissen. This is left to his option. Deft, agrees, to fetch
the stones to Gravesend by the middle of April next.
Hendrick Egbertsen, pltf, v/s Hendrick Gerritsen, deft. Deft, in
default.
Tomas Bacxter, pltf., v/s Tomas Hall, deft. Pltf. says, he has bought
from deft, a parcel of land, 5 rods wide and 8 rods long, for which he
wants a conveyance ; deft, had promised him, that there was a sufficient
patent for it and now an exception is found in it. Deft, replies, that he
has not sold a given number of rods, but only according to patent, and
he demands the balance of the purchase money according to bill of sale.
Pltf. wants deft, to make this statement under oath, which, deft, says, he
is not willing to do, but he offers to prove, that he only sold according to
patent.
1^53] Court Minutes of New Amsterdam. 75
Sybout Clasen, as attorney for Re)ryer Stoffelsen, pltf., v/s Joost
Teunissen, deft., demands from deft., as security for Lubbert Gysbertsen,
payment of 135 fl. 5 st. Deft, admits having given security before the
Director General for the bacon, delivered by Lubbert Gysbertsen to the
Company, but maintains, that said Lubbert ought first to be sued as prin-
cipal or that the Company should pay. Burgomasters and Schepens
decide, that Sybout Clasen, as attorney of Reyyer Stoffelsen, must first
speak with and summon Lubbert Gysbertsen as principal in this case.
Borger Jorisen, appearing in Court, says, that he had made an agree-
ment with Tomas Griddy, but that Griddy absents himself ; he requests^
that in case the agreement comes to nought, he may bring in his com-
plaint in writing and disprove the witnesses, which is granted.
Lysbet Teysen, pltf., v/s Barbara Jans, deft. Deft, in default
Jacob Hendricksen, the baker, pltf., v/s Jan Hendricksen, Coopall,*
deft. Pltf. as attorney for Jacobus de Langh demands payment on
account of bottomry bonds and what else is due. Deft, asks for a copy
of the power of attorney and an account of pltfs claims, that he may
answer. Burgomasters and Schepens decide, that defts request must be
granted and therefore pltf. gives to deft, a copy of the account in Court,
promising to furnish copy of the power of attorney.
Willem Beeckman, pltf., v/s Andries Pietersen Kuyper (cooper?),
deft, demands payment of balance of houserent, fallen due last first of
October, to-wit 35 fl. Deft, admits the debt and gives as excuse, that the
Company does not pay him. Burgomasters and Schepens condemn deft,
to pay between now and May ist, without further delay.
Poulus van der Beeck, pltf., v/s Lubbert van Dincklage, deft., asks
for payment of 62^ fl. for board as per note of hand. Deft, says he owes
nothing, he has given the note through liberality and the persuasion of
others : he does not deny his signature, but makes exceptions to the case.
The Court condemn Lubbert van Dincklage to pay agreeably to his note
of May 4, 1652 and if he has any action against van der Beeck, he may
begin proceedings.
Nicolaes Boodt, pltf., v/s Isaac Allerton, deft. Both in default
Poulus Leendersen van die Grift, pltf., v/s Nicolaes Boodt, deft.
Deft, in default
* Evidently a nickname, meaning ** Buy all."
76 Court Minutes of New Amsterdam. [1653
Jan Montagne, on behalf of Carel van Burgge as Venduemaster of
the estate of Kristman dec'd, pltf., v/s Sybout Clasen, deft., demands
payment of 67 fl. for goods bought. Deft, admits the debt and asks for
time. He is condemned to pay pltf. as Venduemaster within 14 days.
Coenraet Teneyck, pltf., asks in writing that Allard Antony, deft., be
condemned, to surrender the tobacco, received of Mr. Douthey from
Flushing, free of expense and in good condition. Allard Antony says, he
cannot yet prove, that he has obtained consent to keep the tobacco and
demands, that Coenraet ten Eyck shall prove, no such consent was given,
he himself being willing to swear to the contrary. The Court orders
Allard Anthony to summon Mr. Douthey for the next session, to hear the
merits of the case.
Poulus Heymans, pltf., v/s Matewis de Vos as Curator of the estate
of Kristman dec'd, deft., produces agreeably to former order a sworn
proof of his claim against said Kristman for 38 fl. including 12 fl., which
Kristman had agreed to pay for A. van Tienhoven. He therefore de-
mands payment. Deft, replies, that it is not sufficient proof and wants
the complaint made under oath. The Court orders, that pltfs wife shall
appear at the next session and declare her claim just.
Gysbert van der Donck comes into Court and voluntarily states, that
what he has answered to the questions at the requisition of Joost Gode-
ris, is true in every respect, whereupon he is sworn by Schout C. van Tien-
hoven in open Court. So help me God Almighty !
At the City Hall, Monday, March 31, 1653, present Arent van Hat-
tem, Allard Antony and Wilh. Beeckman.
Pieter Kock, pltf., v/s Anna van Vorst, deft. Pltf. says, he is not
yet ready with his reply to defts answer, as he had no knowledge of the
Court's session. It is ordered at the request of deft, that pltf. must have
his reply for the next session.
Fran9ois Poschodt, pltf., v/s Jan Haes, deft., asks, that deft, be
ordered to complete the house, which he has agreed to make for pltf., the
latter having already paid for it. The house was to be ready one month
after the last kermis and [not being so] pltf. has suffered great loss.
Deft, admits the charge and promises, to have the work done in 14 days.
The Court decide, that Jan Haes must have the house ready in 14 days
i6s3] Court Minutes of New Amsterdam. ij
from date or else pay pltf. for the damages, former and future, caused
by delay.
Abram Verplanck, pltf., v/s Dirck Teunisen, the Norman, deft., says^
that deft, will not submit or listen to the arbitrators concerning the land
products and other matters, so that the case cannot be settled. Deft, asks
the Court, to decide in their suit, but the Court refers the litigants again
to the arbitrators appointed, who in case of failing in a settlement of the
case are to report their opinion to the Court.
Daniel Litschoe, pltf., v/s Dirck Jansen Houtsager (woodsawyer),
deft. Deft, in default.
Hendrick Egbertsen, pltf., v/s Hendrick Gerritsen, deft., requests as
before payment of his claim, according to bill, with costs. Deft, requests,
that the arbitrators appointed should render their decision and promises,
that submitting to it, he will satisfy pltf. in 8 days. The Court refers liti-
gants again to the arbitrators, who failing to bring about a settlement are
to report to the Court.
Tomas Griddy, pltf., v/s Borger Jorisen, deft. Deft, in default the
second time. The Court orders, that Borger Jorisen must disprove, as
he says, he can, the witnesses of Tomas Griddy in 8 days and come to
defend his case.
Lysbet Teysen, pltf., v/s Barbar Jans, deft., demands payment of a
balance of 42 fl. 8 St., due her for sold and delivered to deft.
herself over a year ago and last summer. Deft, admits the debt. The
Court condemns deft, to pay one half of the debt in 14 days and the
other within a month without further delay.
Nicolaes Boot, pltf., v/s Joost Goderis, deft., for payment of tz fl>
3 St. for goods received as per bill, of which deft, has already paid 21 fi.
and pltf. wants the balance. Deft, admits having received the goods, but
objects to the price of the goods and brings in a counter-claim of 35 fl.
for things delivered to pltf. and for wages. Pltf. says whatever deft, has
earned and delivered may be deducted and the Court refers parties to
Pieter Comelissen van der Veen and Johannes de Peyster as arbitrators,
to settle the differences, if possible, or report their findings to the Court.
Tryntje Barents from Rotterdam, wife of Poulus Heyroans, appears
in Court according to order of March 24 and declares in the presence of
Matewis de Vos, as Curator of the estate of Kristman dec'd and with the
78 Court Minutes of New Amsterdam. [1653
offer at all times to confirm her words under oath, if required, that her^
aforesaid claim on the estate of said Kristman is just and has never been
paid or settled. M. de Vos is therefore ordered, to deduct it from what
she owes to the estate.
Femmetie Alberts, wife of Hendrick Westercamp, baker, come here
from Fort Orange, appears in Court and says, that Poulus Schrick has
had her arrested for a debt of 12 beavers, for which she has offered se-
curity, but which he would not accept. She requests therefore to be
released and that the attachment be declared not valid. Claes van £Is-
lant, the Court messenger, states, that he has served the attachment
against said Femmetie Alberts on behalf of Poulus Schrick, but did not
cite her before the Court, as Schrick had said, she ought to come to him.
The Court declares, that, whereas Poulus Schrick has not legally sued out
the attachment, it is not valid.
Copy. Honorable, Dear and Distinguished [Friends].
We see with great grief the damages, done to the walls of the fort by
hogs, especially now again in the spring, when the grass comes out. We
made an order concerning it last year at the request of the Select Men,
who promised properly to fence in the fort and to keep the hogs mean-
while from the walls. But seeing after the lapse of a year, that nothing or
at least only little has been done and that what has been done at the fort
has again been destroyed by the pigs, as may daily be learned, we are
compelled to enter a protest about the nonfulfilment of the promise, being
told, that the failure of it, the destruction of the walls and all our works,
is caused by the Select Men having been superceded and their authority
and duties transferred to Burgomasters and Schepens, who had accepted
to do the work. How this is, we do not know, but we see to our trouble
and shame the pigs daily on the walls, busy with their destruction. There-
fore we request Burgomasters and Schepens to give an order in accord-
ance with the beforementioned promise and prevent the pigs. Else we
shall be compelled to carry out our former order. Relying thereon we
remain. Honorable, Dear, Distinguished [Friends]
Your well meaning friend
N. Amsterdam, P. Stuyvesant.
ult" March, 1653
1^53] Court Minutes of New Amsterdam. 79
Burgomasters and Schepens decide upon the letter of the Director
General provisionally to engage a herdsman and in the meantime to make
the fence as quickly as possible, the Director General having promised to
furnish the posts. Done etc, this 31st of March 1653. Signed : Arent
van Hattem, Wilh. Beeckman, Allard Antony.
Copy. Honorable etc.
You will please to learn the reason, moving us to proclaim a general
Day of Fasting and Praying for the 9th day of this present month of
April everywhere in this Province of New Netherland, from the enclosed
resolutions, which we request and at the same time charge you, to com-
municate or have communicated by your orders to the inhabitants of the
subordinate villages of Breuckelen, Midwout and Amesfoort, where they
are to be read publicly, that everybody may govern himself accordingly
and not plead ignorance of this matter. Meanwhile we recommend you
to the grace and protection of God.
N. Amsterdam, Yours etc etc
April 3, 1653. P. Stuyvesant
In obedience to the foregoing letter the proclamation of a Day of
Fast and Prayer was publicly read by Jacob Kip, Secretary, in the pres-
ence of Arent van Hattem, Burgomaster, in the villages of Breuckelen,
Midwout and Amesfoort
As to the differences between Marten Jansen and Mr. Tomas Spyser,
the parties have come to an agreement through the intervention of Arent
van Hattem and Pieter Wolfersen van Couwenhoven.
Tomas Spyser consents, that Marten Jansen may have the use of the
field for his horses, when he intends to ride to the ferry.
3. He, Spyser, shall furnish for the wagon.
3. He, Spyser, shall also have a good lock put on the door of the
dwelling house.
Lastly, Marten Jansen shall be allowed to build a small brewery and
an oven on the farm, which at the end of his lease he may take down again
or else they may remain at the option of Tomas Spyser, provided that
Marten Jansen is paid the true value thereof according to the judgment
of impartial men. Marten Jansen promises to keep said farm and build-
ings in good repairs.
8o Court Minutes of New Amsterdam. [1653
The parties, having become reconciled and agreed to the foregoing,
will remain good friends henceforth.
Done at Amesfoort on Long-Island in N. N., April 3, 1653. Signed :
Marten Jansen of Breuckelen
Tomas Spycer
r^ •.. ( Arent van Hattem
Committee <
[ Pieter van Couwenhoven
To my knowledge
Jacob Kip, Secretary.
At the City Hall, Monday April 7, 1653, present as before.
Jacob Stofifelsen, pltf., v/s Pieter Kock, deft., requests, that deft be
ordered as pltf. v/s Anna van Vorst to produce without delay, what he has
to say, Anna van Vorst, appearing in Court upon summons. At the re-
quest of Pieter Kock his reply and the affidavits were read to her ; she
asked for copies thereof to answer, which was granted and Pieter Kocks
reply was endorsed : *' These papers have been given to litigants to rejoin
thereto."
Hendrick Egbertsen, pltf., v/s Hendrick Gerritsen, deft, requests as
before in writing payment of his claim for money advanced, i,e, 37 fl. 11 st ;
with costs of law proceedings as specified, to wit 20 fl or a total of 57 fl
1 1 St., for he has called deft, before the Court six times already and has
up to now been delayed by defts. objections and promises without receiv-
ing his pay or in default thereof he wants all further costs, loss of time,
interest on the money etc paid. Deft, objects to an anker of beer, ad-
vanced by pltf. after rooflng the house, and to 10 fl., claimed by pltf. for
sewing etc. After examination of pltfs. demand, account of money ad-
vanced, specification of expenses, as well as the decision of two men, who
inspected the work done and the advances, made by pltf., having also
heard the objections of deft, and well considered the statements of both
sides, the Court condemns Hendrick Gerritsen to pay to pltf. within 8 days
the advanced amount of 37 fl. 11 st, as per bill, also the expenses of the
lawsuit, that is 12 fl. or altogether 49 fl. 11.
Matys Capito, pltf., v/s Hendrick Gerritsen, deft., wants payment of
20 fl., which deft, has agreed to pay for Hendrick Egbertsen. Deft, ad-
mits the debt and promises to pay to-morrow, which pltf. accepts.
i6s3] Court Minutes of New Amsterdam. 8i
Tomas Griddy, pltf., demands that Borger Jorisen, deft, be ordered
to return the 4 oxen, hired by pltf. and forcibly taken out of the stable
by deft.y as he sufifers great loss thereby now that the spring farmwork is to
be done. Borger Jorisen shows in writing, that he has tried by every
reasonable ofifer to settle the differences between himself and pltf. and
that thro' pltfs. obstinacy he, deft., has suffered great trouble and damage
on his farm. He requests, the Court will appoint a Committee to decide
the case. Pltf. asks, that to end the case the Court will give sentence or
dispose of it according to their discretion. The Court refer the civil
matter between Tomas Griddy, as pltf., and Borger Jorisen, as deft., to
Allard Antony, one of the bench, David Provoost and Robert Clercq^
who are hereby authorized finally to decide the civil matter as best as
they can or else report to the full bench.
Nicolaes Boodt, pltf., v/s Elysebet van Hoochvelt, deft. Deft, in
default.
Nicolaes Boodt requests, that, whereas Hannes de Peyster has gone
to Fort Orange, having been ordered by the Court to settle the account
between him, pltf., and Joost Goderis, somebody else might be appointed
in his stead ; whereupon Johannes Pietersen Verbrugge was put into the
place of Johannes de Peyster.
Carsten Clasen and Jan Barentsen, pltfs., v/s Isbrant Dircksen
Goethart, deft. Deft, in default. Pltfs ask, that the sentence, pronounced
by their Worships against deft, on the 24th of February last, be carried
out the time given in it having expired 14 days ago. The Court decide,
pltf. may make a copy of said sentence and they order the Schout or
Fiscal to execute it
Tomas Hall, pltf., v/s Tomas Bacxter, deft., asks for payment of the
purchase money for his house and lot according to bill of sale and proves
by the statement of Harmen Sroeeman, Michiel Jansen and Hendrick
Jansen, that in the sale to Bacxter no number of rods was stipulated, but
everything sold according to patent. Deft, requests, that the witnesses
be sworn to their testimony. It is so ordered and pltf. makes the further
demand, that the attachment of defts. money in the hands of the Hon^*""
Beeckman be declared valid, to which he receives the answer, that as
pltf. had received an order on the money in the hands of the Deacons,
this attachment is unnecessary and therefore declared invalid.
VOL. I. — 6
82 Court Minutes of New Amsterdam. [1653
Auken Jansen, pltf., v/s Jannetie Juryans, deft, demands payment of
12 fi. for wages, according to decision of arbitrators. Deft declares her-
self ready to submit to the decision, provided pltf. will finish the remain-
ing work as planned. Pltf. maintains not to be bound thereto ; therefore
said arbitrators are ordered, to report, whether the work is well done and
whether they have decided, that the rest of it should be included in the 12
fl. or not
Roelof Jansen, pltf., v/s Philip Geraerdy, deft, complains, that defts.
dog has bitten him in the daytime, as may be seen by the wound and he
claims for loss of time and surgeon's fees 12 fl. Deft says, pltf. may kill
said dog and that pltf. has not lost any time or work on that account ; he,
deft, has already sent pltf. by his wife 4 lbs. of butter and is still willing to
give him as a charity 4 fl. more. The demand of pltf. is therefore denied.
Willem Beeckman, pltf. v/s Daniel Weythedt, deft Deft in default
Pltf. states, that he has attached, by virtue of a note, exhibited in Court,
moneys in the hands of Poulus Leendersen, amounting to 204 fl. 10 st,
and requests, that the attachment be declared legal and valid. So ordered.
Dirck Jansen Houtsager, pltf., v/s Daniel Litschoe, deft Deft in
default.
At the City Hall, Monday, April 21, 1653. Present as before.
Gysbert van der Donck, pltf., v/s Jan Cool, deft. Deft, in default
Carsten Clasen, pltf., v/s Isbrant Dircksen Goethart, deft. Deft in default.
Fran9ois Poschot, pltf., v/s Jan Haes, deft Deft, in default. As deft,
has failed to do the work, which he agreed to do for pltf., within the
time set by the Court, pltf. asks, that the sentence of March 31 last be
executed and deft condemned, to indemnify pltf. for damages and losses.
The Court, considering this demand just, authorize execution by the
Officer.
Tomas Hall, pltf., v/s Tomas Bacxter, deft., asks, that deft be con-
demned to pay the purchasemoney for a house and lot according to con-
tract and the testimony of three credible witness, to-wit Michiel Jansen,
Harmen Smeeman and Hendrick Jansen, who having lawfully been sum-
moned by Tomas Hall and appearing in Court offer in the presence of
Tomas Bacxter as adversary to confirm their statements under oath, now
or later. Deft persists in his former demand and answer, sa3dng, pltf.
x653] Court Minutes of New Amsterdam. 83
had offered to deduct 50 fl. from the purchase money, if he, deft, would
drop the proceedings in law. Pltf . admits, that if deft, had quickly paid
him, he would have given 40 fl. and a barrel of beer as a treat, to prevent
further loss of time and unpleasantness for himself and his witnesses, but
as deft, did not accept this offer, he, pltf., does no longer consider himself
bound by it. Deft asks, that pltf. shall declare under oath, that neither
at the sale nor after it the quantity of rods has been promised and that
he did not say, the patent was sufficient ; which done he will pay. Pltf
being willing to take the oath, proceedings are deferred at defts.' request
until the arrival of the Schout.
Coenraet Ten Eyck, pltf., v/s Allard Antony, deft., again asks for the
surrender of the hogshead of tobacco, sent to him and marked with his
stamp, but opened and kept by deft., with costs and damages. Deft,
says as before, that pltf. had given his consent. Mr. Doudey, who had
sent the tobacco and been present, not appearing, though legally sum-
moned by Allard Antony, the case was postponed until next session, on
the promise of deft, to prove, that pltf. had given his consent and it is
ordered, that deft, shall summon Mr. Doudey again.
Nicolaes Boodt, pltf., v/s Elisabet van Hoochvelt, deft. Deft, in
default the second time. Pltf. requests, that as he has to make a journey
to Fort Orange and the case relating to houserent, which he had to pay,
it may be held over until his return and that, when he summons deft, again
it might be considered a third summons, which is conceded.
Luycas Eldersen, pltf., v/s Auke Jans, deft. Deft, in default.
Luycas Eldersen, pltf., v/s Jacob Haey, deft. Deft, in default the
second time.
At the oral request of Sybout Clasen, made in Court, concerning his
claim on Harmen Smeeman about payment of a debt in beavers, no other
decision, than the former of the full bench, is given.
At the City Hall, May 5, 1653. Present Arent van Hattem, Poulus
Leendersen van die Grift, Allard Antony, Wilh. Beeckman, and M. van
GheeL
Gysbert van der Donck, pltf., v/s Jan Cool, deft., says that about 6
weeks ago he bought of deft, a cow and calf for 90 fl., payable one half
in pieces of 8,* the other half in linen at 3 fl. the ell, which pieces of 8
*Each equal to I2>{ cents U.S.
84 Court Minutes of New Amsterdam. [1653
deft, had seen and counted. Pltf. now asks, that deft shall be forced
to deliver the cow and calf according to sale and contract although he
has sold them to somebody else. Deft replies, that he has never made
a conclusive or binding contract for the sale of the cow, nor seen the
linen, that he saw some pieces of eight, but that pltf. promised to come
then in 8 days and look at the cow. Having waited two days longer he sold
the cow to somebody else and does not consider himself bound to pltf.
After hearing both sides, pltf. is ordered to prove his statement and that
the agreement was binding.
Lucas Eldersen, pltf., v/s Jacob Haey, deft., asks 40 fl. for bedsteads^
received by deft, from Capt. Geurt Tysen, the pa3rment for which by deft,
had been assigned to him, pltf., by the required documents. Deft,
answers, that he has never accepted the assignment, as he has against
said Captain a claim of more than 100 fl. for non-payment of certain
«
goods ; that he warned pltf. before the departure of the Captain, he would
not pay, if he made any claim in this matter. The Court refuses to enter-
tain the complaint and demand of pltf. against deft, in this case, unless
he can show and prove, that deft has accepted the assignment.
Luycas Eldersen, pltf. v/s Auke Jansen, deft. Deft, in default the
second time.
Allard Antony, pltf., v/s Mr. Doudey, deft Deft, in default
Coenraet Ten Eyck, pltf., v/s Allard Antony, deft, asks again sur-
render with costs and damages of his hogshead of tobacco, kept by deft
and complains of violence, done him in this case by deft. Deft, proves
by a statement of Tomas Bacxter, that pltf. has consented, he, deft, should
keep the hogshead. Pltf. admits it to be true, that after much talking
with deft, about the hogshead of tobacco, Mr. Doudey, who had sent
him the same, came to them and Coenraet said, " If you will let me have
the hogshead with tobacco, standing at Jacob van Couwenhovens in place
of this, you shall have this for it and the difference is settled." He offers
to confirm under oath, that he has never consented to Allard Antony's
opening the hogshead, much less keeping it. After hearing both parties
the Court decides and orders, that Allard Antony should deliver said
hogshead into the hands of his Worship, Burgomaster Arent van Hattem
and that he shall summon Mr. Doudey again for next Monday, then to
prove his statement or else the tobacco is to be surrendered to pltf.
i6s3] Court Minutes of New Amsterdam. 85
Carsten Clasen and Jan Barentsen pltfs., v/s Isbrant Goethart, deft.,
demand besides the former judgment payment of 370 fl., also for earned
wages, payable in grain, according to contract, with costs and interest
Deft, admitting the debt to be just and the contract made, as stated, re-
quests pltfs. to wait. After hearing the parties the Court condemns deft,
to pay pltfs as per contract, and authorizes the Officer herewith, to carry
out this and the former judgment of February 24th last.
Harmen Smeeman, pltf., v/s Sybout Clasen, deft. Deft, in default
Pltf. asks, that the judgment for 13 beavers be carried out or that deft
deliver instead the cattle free, without expenses and damage, paying the
costs of the lawsuit. The decision is : The Officer is authorized and
charged to carry out the sentence.
Cors Pietersen, pltf., v/s Jan Jansen Visser, skipper of the "Elle-
binck," deft, asks for payment of 60 fi for piloting said ship from Sandy
Hook to before Fort Amsterdam. Deft, admits, that pltf. has at his
request piloted the ship as stated, but, hb says, they did not agree as to
the fees. He then promised to pay, what two impartial men would say,
offering again as already before, to pay 30 fl. in silver, wampum or with
one half anker of wine and maintaining, that is enough. The Court refers
the case to Poulus Leendersen and Adrian Blommaert for settlement
Roelof Jansen Vonck, pltf., v/s Comelis Jansen Coele, deft, demands
pay for 49 days carpenters work on defts bark at 4 fl. a day and 12 fl. be-
sides, earned on the galleon. Deft says, he does not recognize pltf. in
this case, as he has not employed him, but Comelis Jansen, the Zealander,
for whom plft. has worked as hired man, showing at the same time by
affidavit, that said Zealander had offered to undertake the yacht for 350 fl.,
and by his books, that he had already paid 427 fl. He requests therefore,
that the attachment against himself and yacht be lifted or else he shall
claim damages with interest. The Court decides, that Cornelis Jansen
Coele shall give security for the judgment, when the attachment will be
lifted.
Nominations for the embassy to Virginia :
By A. van Hattem : Allard Antony ; by Poulus L. van die Grift : M.
van Gheel ; by W. Beeckman : Arent van Hattem ; by Allard Antony :
M. van Gheel ; Pieter Wolfersen, being indifferent in private pique nom-
inates Allard Antony.
86 Court Minutes of New Amsterdam. [1653
At the City Hall, Monday, July 14, 1653. Present Arent van Hattem
and Marten Krigier, Burgomasters, Poulus Leenderrsen, Wilh. Beeckman
and Pieter van Couwenhoven, Schepens.
Andries Hopkins, pltf., v/s Jan Hendricksen Koopal, deft. Deft, in
default.
Isaak de Foreest, pltf., v/s Adriaen Keyser, deft. Deft in default.
Poulus Leendersen, pltf., v/s Nicolaes Boot, deft., demands 150 ft.
for houserent, now due for a year, according to contract. Deft, admits
being satisfied with the contract and the debt being just. He is ordered
by the Court to pay immediately.
Nicolaes Boot, pltf., v/s Elysabet van Hoochvelt, deft. Deft, in
default the third time. As deft, remains in contumacy and does not
answer, pltf. demands judgment in his claim for houserent, 66 fl., with
costs of summons and other expenses, amounting to 9 fl. The Court, after
hearing the request of pltf. condemns deft, for her contumacy to pay pltfs
claim for rent and costs immediately on notification.
Nicolaes Boot, pltf., v/s Joost Goderis, deft. Deft, in default the
third time. Pltf. demands, that deft, shall be condemned to pay him
according to contract, the time having long expired. Having seen the
liquidation of accounts by the arbitrators, also the signature of deft, who
now absents himself, the Court order him to pay pltf. within 24 hours
after notice according to contract on pain of execution.
Jan Peeck, pltf., v/s Jan Gerritsen Smith, deft. Deft, in default.
Jan Peeck, pltf., v/s Comelis Jansen, the Zealander, deft Both in
default.
Auken Jansen, pltf., v/s Hendrick Hendricksen, the drummer, deft.,
asks for payment of 48 fi., due as balance of the purchase money of a
house and lot, also 10 fi. for a pig etc. Deft says, he will pay, as soon as
pltf. gives him, as agreed, the proper deed, and that he has never refused
to pay for the pig. The Court decides, that pltf. is bound to give a deed»
before receiving his money.
Willem Pietersen, pltf., v/s Cristiaen Antonisen, deft, demands re-
turn of 13 fl. 10 St. paid to deft on wainscotting at 20 st the piece. Deft
admits having received the money and says, he has offered pltf. the choice
out of 80 pieces of wainscotting, which he has then sold for 24 st. Pltf.
replies, the wainscot was not, as deft, had promised and requests delivery
i6s3] Court Minutes of New Amsterdam. 87
of the goods or return of the money with costs. Deft, is ordered to satisfy
pltf. in 14 days either in wainscotting or by return of the money, else he
is to pay damages and costs.
Annetie , wife of Age Bruynsen, pltf., v/s Mrs. Abraham Genes,
deft, complains, that on Tuesday last, when four napkins, bought by her
of her master Croon from Holland were lying out to bleach, deft, picked
them up and carried them away. Deft, says, she had been robbed and
pltf. demands proof that they had been stolen from deft, or else return of
the napkins and suitable satisfaction. Deft, admits having taken up and
away from the bleaching ground 4 napkins in the presence of Martin
Loockermans and Engeltie Maus, because they belonged to her, and she
says, that she misses other napkins and linen, which she has not yet seen
or found ; also that neighbors have compared the said napkins with others,
daily used by her, and have found them to be of the same pattern and
linen, while upon one of them there is the same mark as shown by affida-
vit ; she has left it with Anneke Loockermans and Tryntie Kips for safe-
keeping. The latter, called into Court with it, state, that it is the same
napkin, as left at their house, but is not like the one, shown by pltf. Hav-
ing been examined by pltf., she says, that two of the napkins, taken by
deft are changed and that the one with the mark may have been mixed
with hers by Engeltie Maus at her wedding. The Court examines
and compares the four napkins with those of deft and find them to be
alike.
Jacobus van Couwenhoven, pltf., v/s Ambroos Lonnen, deft. Deft
in default.
Jan Gerritsen Smith, pltf. v/s Geurt Coerten. deft, asks for payment
of 10 fl. 8 St. Deft admits the debt, but says, that at pltfs request he
has agreed to pay the money to Jan Peeck. The Court orders him, to
pay pltf., provided pltf. frees him from the claim of Jan Peeck.
Schout Tienhoven present.
Jacobus Vis and Johannes Withart, pltfs., v/s Teunis Kray, deft.,
demand pa3rment of 154 fl. 18 st on a note of the . . ., which fell due
last year, 1652. Deft, acknowledges the note, but says, he has something
due him by pltfs. master, E. Tesselaer, deducting which upon his return
he will honestly pay before the sailing of the ships. Pltfs. demand, that
deft, shall show, how he has earned an3rthing from their master, but deft.
88 Court Minutes of New Amsterdam. [1653
refuses to give an account. The Court therefore condemns deft, to pay
the note of pltfs. in 14 days.
The same pltfs. v/s Hendrick Jansen Smith, deft. Deft, in default
Matewis de Vos, pltf. v/s Lodewyck Jongh, deft. Deft, in default
Jan Jansen van Ekel, pltf., v/s Hendrick Gerritsen Snyder (the
tailor), deft. Deft, in default.
Roelof Jansen and Jan Gerritsen, masons, pltfs., v/s Claes Hendrick-
sen, deft., ask balance of 200 fl. due for earned wages according to con-
tract, as they have done their job. Deft, declares, he will honestly pay
pltfs., but claims, they should wait for payment as long as they have been
away from their work and have caused him delays in building his house.
The Court orders him to pay pltfs. in six weeks.
Jacob Rip, pltf., v/s Comelis Jacobsen Stille, deft, demands 16 fl.
13 St. for goods bought at auction. Deft, admits the debt * and therefore
the attachment of goods in hands of skipper Loures Comelissen is declared
valid and deft condemned to pay costs and mises of law in four suits.
Same pltf. v/s David Provoost, deft Deft in default.
Same v/s Cosyn Gerritsen, deft Deft in default.
Jochem Pietersen, pltf., v/s Comelis Clasen Swits, deft. Both in
default.
Pieter Comelissen van der Veen, appearing in Court, requests, that
the attachment against certain tobacco in hands of Adriaen Dircksen
Coen, belonging to Claes Meutelaer, on behalf of G. Loockermans by
virtue of a note of many years standing he declared valid. The request
is granted and the attachment declared valid, provided the debtor is sum-
moned for the next session of Court.
At the City Hall, Monday, July 21, 1653. Present Arent van Hattem,
Marten Krigier, Poulus L. van die Grift and Wilhelm Beeckman.
Isaac de Foreest, pltf., v/s Adrian Keyser, deft Defts. second de-
fault. Jacob van Couwenhovfen, pltf., v/s Ambroos Lonnen, deft. Defts.
second default.
Aryaen the Brabander, pltf., v/s Francisco, the negro. Both in de-
fault.
Jacobus Vis and Johannes Withart, pltfs., v/s Jores Rapalyea, deft
Pltfs. in default.
* There seems to be a paragraph missing here in the original.
1653] Court Minutes of New Amsterdam. 89
Jacobus Vis, pltf., v/s Hans Hansen, deft. Both in default.
Jan Peeck, pltf., v/s. Jan Corneiissen Cleyn, deft, demands 139 fl. 7
St. as per bill. Deft, requests a copy of the account and promises to
answer at the next session, which is allowed.
Same pltf., v/s Cornells Jansen, the Zealander deft. Def ts. second
default.
Same pltf., v/s Jan Gerritsen Smith, deft. As he cannot obtain
payment of the 48 fl. 18 st. expenses at the funeral of one Jeems Bronck,
a soldier, out of his estate or pay from the Company, except 12 fl. through
the Officer, pltf. demands, that deft, as surety shall pay the balance, as per
note. Deft, refers to his former answer and the decision of the Court,
dated the 17th of February, requesting that pltfs. demand be dismissed.
The Court refers pltf. to the Company to receive his dues out of the pay
of deceased, agreeably to the promise of the Fiscal.
Same pltf., v/s Salamon Abels, deft. Deft, in default.
Jacob Kip, pltf., v/s David Provoost, as attorney for the estate of
Jan Damen dec'd, deft, demands on behalf of the estate of Crynen for
goods bought at auction 38 fl. 13 st. with costs of lawsuit. Deft, admits
the debt. The Court condemns deft, to pay pltf. the demanded sum with
costs in 14 days.
David Provoost, pltf., v/s Carel van Brugge, deft. Deft, in default.
Auken Jansen, pltf., v/s Hendrick Hendricksen of Middleborgh, deft,
demands 48 fl. as balance of purchase money for a house and lot, he hav-
ing given a deed, dated May 2d and 10 fl. for a pig etc. Deft, says, if
pltf. had given the deed on the appointed day, he would have received his
money. Deft, claims, the wall of the city diminishes the lot. The Court
orders both parties, to bring in their complaint and answer in writing at
the next session.
Comelis Dircksen Hoochlant, pltf., v/s Poulus Leendersen van die
Grift, deft, requests the return of 100 fl. counted out and advanced to
deft for providing building material for a ship, but nothing is done, ex-
cept that some timbers have been prepared, which are in his charge, but
at which he would not look. Deft, requests that the witnesses, summoned
by him, may be heard.
Poulus Leendersen, pltf., v/s Borger Jorisen, de Potter, D. Provoost,
defts. As pltf. has paid to Borger Jorisen, as proved by receipts, the
90 Court Minutes of New Amsterdam. [1653
money received from Cornells Dircksen Hoochlant and others, he claims,
that Borger Jorisen should be condemned to return it to said Cornells.
Borger Jorisen admits having received the money and promises in Court,
that he will return it without fail within three weeks from date, which is
satisfactory to pltf.
The Court decides, that no sessions of Court for litigants should be
held for three weeks, as the time for harvesting has come and therefore
order the Courtmessenger not to summon parties before that time. Done
at New Amsterdam in N. N. this 21st of July 1653.
Copy. Whereas, at the request of Burgomasters and Schepens, the
City has, to the satisfaction and for the security of the Inhabitants, been
surrounded with palisades on the land side and along the Strand on the
Eastriver and thus satisfactorily been strengthened, that the work has
been done now already three weeks, Therefore there remains only yet
the fulfilling of their other promise, namely to put the fort into a proper
state of defense as a safe place of retreat, as they themselves resolved and
offered to do on the 15th of March, 1653, as the enclosure proves. Upon
their promise and resolution we have hastened forward not only the Com-
pany's, but also our own necessary work and have assisted with our own
as well as the Company's negroes, tralnpersonal and property. Hence the
said Burgomasters and Schepens are now requested and footing on their
offer earnestly urged to carry out their promise, both in furnishing money
and in completing the nearly ready fort. Especially are they requested
and urged, to adopt measures and take care, according to their promise,
made 18 months ago, that the hogs be kept from the newly made walls
and works of the fort, for which purpose some of their Board have then
already raised some money in the community or if they fall to do so, we
shall be obliged to look to it in such a manner, as our former resolutions
and proclamations Indicate. /
We further remind Burgomasters and Schepens in the most polite and
friendly manner of the loan of ironwork and nails, made by Poulus Leen-
dersen with oral promise of return, for want of which the Company's and
public works have come to a stillstand ; also of payment for the hand-
and sidearms, distributed by you among the citizens,
Finally is it very necessary to supply both the City of New Amster-
1^53] Court Minutes of New Amsterdam. 91
dam and the fort with needed provisions, especially cereals, without which
all work done for the defense would be in vain. Burgomasters and
Schepens are therefore earnestly requested and urged, to think of effective
and speedy measures for supplying grain, before want overtakes us. Hav-
ing considered all this to relieve ourselves from blame we submit it to the
Burgomasters and Schepens and await their early answer. Done etc.,
July 28, 1653. Signed : P. Stuyvesant.
Copy. Whereas some however uncertain rumors have come of gather-
ings of the English in the North, especially in Rhode Island, Burgo-
masters and Schepens are warned, not to allow any citizen or inhabitant
to remove and the Fiscal is charged, not to grant passes to yachts, until
the crews and the yachts have, as previously ordered, come down or until
further orders according to the course of events and new reports. Done
etc. July 28, 1653. P. Stuyvesant.
Countersigned : Comelis van Tienhoven.
The written suggestions of the Hon"* Director General, dated July
28, were read at the meeting of Burgomasters and Schepens, present
Arent van Hattem, Marten Krigier, Poulus Leendersen van die Grift,
Wilhelm Beeckman, and Maximilyanus van Gheel. This is the answer :
First, The City of New Amsterdam has with great trouble and at a
great expense been put in as good a state of defense as possible.
Concerning the promise of providing from 4 to 5000 fi., we believe,
that after the account of expenditures is made up, it will be seen, that the
promised monies are already used up.
As to making the fort defensible we answer, that at present, when the
citizens are already exhausted and worn out by previous public works
and when all mercantile business and trades are at a stillstand, they are
already behindhand and therefore unable to do more ; hence the Director
General and Council are requested to excuse Burgomasters and Schepens
from further taxing the citizens, but to show their affection and their
inclination to advance the welfare of the community, we ask to be author-
ized to raise, when occasion offers, money among the citizens in the most
civil manner.
Concerning the provision of cereals for the City and the Fort, we
think, subject to correction, that one member, both of the Council and of
92 Court Minutes of New Amsterdam. [1653
this Board, should be appointed, to go to all the farmers in the open
country and see, what quantity of grain might be procured for strengthen-
ing the common welfare.
In regard to the paying for hand- and sidesarms, distributed among
the citizens, their military officers say, that they cannot pay for them at
present, but if the Director General demands the return of them, the
Captain d' Armes * shall collect and hand them over.
As to the nails, loaned by his Honor, we have to say, that we have
charged Arent van Corlaer, to buy nails at Fort Orange, but have as yet
received no answer. On the other hand his Honor will please to con-
sider, what he has received. Done etc. July 29, 1653.
Signed by all present, as above.
At the City Hall, Saturday Morning, August 2d, 1653. Present Arent
van Hattem, Marten Krigier, Poulus Leendersen van die Grift, Pieter van
Couwenhoven, Willem Beeckman and M. van Gheel, also certain citizens,
who had called in, to-wit : Pieter Comelissen van der Veen, Dirck van
Schelluyne, Johannes Pietersen and Johannes Gillisen Verbruggen, Jacob
van Couwenhoven, Govert I^oockermans, Olof Stevensen, Joh. van Beeck,
Lambert Clomp, Jan J. de Jongh, Abram Verplancken, Jan Vinje,
Johannes de Peyster, Abraham de la Nooy, Egbert Woutersen, Jan J. de
Cuyper, Aert Willemsen, Juryaen Blanck, Coenraet ten Eyck, Daniel
Litschoe, Philip Geraerdy and . . . Strycker.
At the meeting of Burgomasters and Schepens of this city of New
Amsterdam, held at the City Hall on the 2d of August, 1653, to which
had been called some of the principal citizens and inhabitants, there was
read a specified account of the expenditures made so far for the entrench-
ment of the City and similar works, which amount to about 7000 fl. The
question was put, what measures should be taken, to pay for the expendi-
tures already made and yet to come.
It is unanimously agreed and voted, that nothing more shall be con-
tributed, until the Director General surrenders the whole excise on wines
and beer and if then they are short of money, they will consider measures
to raise more for the above said purpose.
* An officer, mostly non-commissioned, who performed the duties of Ordnance Officer
and Qnartermaster combined.
1^53] Court Minutes of New Amsterdam. 93
It is further resolved, that the foregoing answer shall be communi-
cated to the Director General by Burgomasters and Schepens and if he
does not consent, they will meet again, to consider, whether the suggested
measures or others shall be adopted.
Saturday Afternoon, August 2, 1653. Present Burgomasters and
Schepens with the following citizens : Johs. van Beeck, Pieter Com. van
der Veen, Johs Gillisen Verbrugge, Ab. Verplanck, Jan de Cuyper, Dirck
van Schelluyne, Jan J. de Jongh, Govert Loockermans, Jacob van Cou-
wenhoven, Jan Vinje, Lambert Kuybertsen Mol, Coenraet ten Eyck, Olof
Stevensen and Aert Willemsen.
Burgomasters and Schepens report the oral answer of the Director
General, who said, he could not think of surrendering the excise on wines
and beer, now payable at the Company's office, for else he would be
obliged to discharge immediately all the soldiers, now expected from the
Fatherland ; also that the citizens only paid the tapsters excise.
After consultation the citizens present answer, as in the forenoon,
that they are not willing, to make further contributions, unless the Direc-
tor General agrees to their terms and lets the excise go into the treasury
of the City, he receiving so much for import and export duties as well as
from other sources.
As the citizens are not inclined to help raising money and as it is
impossible to keep the work, already begun, going without paying for it,
what has been expended or what still may be needed, Burgomasters and
Schepens declare their lack of power and at the same time protest, that if
later some unexpected mishap should occur they should not be blamed for
not having done their duty. Done etc, as above.
At the City Hall, Monday, August 11, 1653. Present Arent van
Hattem, Marten Krigier, Wilh. Beeckman, M. van Gheel, Poulus Leen-
dersen van die Grift and the Schout C. van Tienhoven.
Isaac de Foreest, pltf., v/s Adriaen Keyser, deft. Defts third default.
Pltf. demands, that deft, should be punished for his contumacy and con-
demned to pay 230 fl., a balance due to pltf. for a house and lot. He also
asks, that the attachment of money in hands of Cornelis Steenwyck he
declared valid. All granted.
Joris Stevensen, pltf., v/s Jan van de Bilt, deft. Deft, in default.
94 Court Minutes of New Amsterdam. [1653
Symon Joosten, pltf., v/s Lieve Jansen, deft. Both in default.
Jan Peeck, pltf., v/s Comelis Jansen, the Zealander, deft Defts 3d
default Agreeably to judgment of March 11, 1652, pltf asks for pajrment
of 35 fl. 1 8 St. with costs of lawsuit Having examined the former judg-
ment and the request of pltf. the Court condemn deft, to pay within 24
hours after receiving notice hereof and the Officer is authorized to execute
the sentence.
Jan Peecky pltf., v/s Salamon Abels, deft Deft, in default.
Jacob Vis and Johannes Withart, pltfs, v/s Hendrick Jansen Smith,
deft, demand payment of 1 13 fl., balance of accounts. Deft admits having
received the goods, but says, he has an account with skipper Joost
Michielsen, of whom he must receive money ; he asks, that he may pay
by an order on said Joost After hearing both sides the Court decides,
that deft, must pay his bill in 6 weeks under pain of execution and without
preventing a suit against skipper J. Michielsen.
Same pltfs. v/s Jores Rapalye deft., ask for payment of 228 fl. 6 st. as
per bill. Defts wife appearing in Court acknowledges to have received
the goods and the money to be justly due. Ordered to pay in 6 weeks.
Same pltfs. v/s Hans Hansen, deft., demand payment of 51 fl. as per
bill. Deft, admits the debt, but he has promised only 2 beavers and the
rest in wampum. After hearing both sides the Court orders deft to pay
2 beavers and the rest in good wampum, as promised.
Same pltfs. v/s Pieter Comelisen, housecarpenter, demand payment
in beavers of the balance of a note of 248 fl. Deft, admits the debt and
promises to pay before the sailing of the ships for Fatherland. The other
side being satisfied therewith, time is granted to deft, as requested.
Same pltfs. v/s Jacob van Corlaer, deft. Deft in default.
Jacob van Couwenhoven, pltf., v/s Ambroos Lonnen, deft Defts 3d
default, and as it is now discovered, that be has his domicile at Gravesend,
where there is a bench of justice, the Court declares, he is not amenable
here. *
Henricus van Dyck, pltf., v/s Claes de Ruyter and Harmen Douwesen,
* The rule of the Civil Law said : Siquis aliquem convenire aut in judidmn
citare volet, hie eum non citabit coram suo judice (nisi utriusque sit judex), sed coram
judice rei citandi. £t in actionibus realibus actor debet sequi judicem lod, sub quo
bona sita sunt, aut reperta. Vide Damhouder, Praxis Civilis, c. 53.
1653] Court Minutes of New Amsterdam. 95
defts. Defts. in default. Pltf. exhibits a note, fallen due and signed by
defts. August 29, 1652. As defts. did not appear, default is entered
against them and pltf., having given defts. an authenticated copy of the
note and the time for payment being past due, asks under an ordinance of
the Provincial Court of Holland for execution. The complaint having
been considered by the Worshipful Court of New Amsterdam, defts.
are condemned to pay the contents of the note and to deposit the beavers
therein mentioned in the office of the Secretary of the City within 14 days
and if they should fail to do so, the Officer is hereby authorized and charged,
to make a levy on their property. Thus done at the meeting in the City
Hall, present both Burgomasters and the Schepens, except Pieter
Couwenhoven.
Teunis Kraey, pltf. v/s Jan van de Bilt, deft. Deft, in default.
Same pltf, v/s Lysbet Teysen, deft. Deft, in default.
Coenraet Ten Eyck, appearing in Court about the hogshead with to-
bacco in dispute with Allard Antony requests, that he may be allowed to
remove it upon giving security. Inquiry having been made it is found, that
it has not yet been deposited as ordered, therefore the request is granted.
Daniel Litschoe, pltf. v/s Gillis Pietersen, deft. Pltf. demands pay-
ment of the second installment for a certain house and lot sold to deft's
deceased mother-in-law according to bill of sale thereof. Deft, as
co-heir of the above-named Tryntie Scheerenborg says, that if pltf.
can deliver him a good deed of the whole lot sold, according to
the bill of sale, payment shall be forthcoming ; otherwise ofifers to give
him back the house and lot, on condition of repaying the money which he
has received thereon. Burgomasters and Schepens resolve to see, how
much the lot has been diminished on which the guard-house has been set
when a decision shall be awarded to parties.
Daniel Litchoe, deft., v/s Jan Vinje, pltf. Pltf., Jan Vinje states,
that he has suffered great damage in his com land from deft's hogs
in this year 1653 as well as last year 1652. Deft, denies not, that his hogs
have been in pltf's field, but says that he has settled through Claes Van
Elslant as mediator for the damage with 20 gl. on the condition, that pltf.
keep his land well inclosed, and says, not being well inclosed that his
hogs had been in there again, and that his sow, which was well worth fl. 50
had her legs broken, and demands satisfaction. Pltf. says, if deft, will de-
96 Court Minutes of New Amsterdam. [1653
liver to him the hog, he will pay for the same, provided he satisfy him for
the damage done. Burgomasters and Schepens of this City of New Am-
sterdam do by these presents order and authorize Egbt Woutersen and
Jan J. d'Jongh impartially to inspect the fences around Jan Vinje's
land and see, whether they be sufficient to keep hogs and cattle out of it
and thereof to deliver to the Board a written report, etc.
Adriaen Blommaert, pltf., v/s. Willem Albersen, deft. Deft, in de-
fault. In a case of attachment ; notwithstanding which he has left the
roadstead with his bark.
Claes Bordingh, pltf., v/s Willem Albersten, deft. Deft, in default.
In a case of attachment ; notwithstanding which he has left the road-
stead.
Geurt Coerten, pltf., v/s Mrs. Gerrits, wife of Cosyn Gerritsen, deft
Pltf., complains that deft, has slandered his wife as a whore, a thief
&c. as appears by affidavit, demands proof, or in default thereof proper
reparation of character. Cosyn Gerritsen appears in Court in place of
his wife, and demands copy of pltf's complaint. Resolved, that copy of
the affidavit, which pltf. presented in Court be delivered to deft to answer
thereto in writing at the next Court day.
Roelof Jansen Vonck, pltf., v/s Jacob Van Couwenhoven, deft
Pltf., demands from deft, as bail for Comelis Jansen Coele payment
of fl.196, being wages earned on the sloop of Comelis Jansen Coele
according to days' hire. Deft, says, pltf. has worked on the sloop as ser-
vant of Comelis Jansen the Zealander as appears by his signature ;
contends therefore that pltf. must look to Comelis, the Zealander.
The case is postponed till the arrival of Comelis Jansen.
Roelof Jansen Vonck, pltf., v/s Barent Jansen, deft. Pltf., says,
he sold deft., a certain assortment of goods for 1161 lbs. of Virginia
tobacco, which he was to ship in the vessel of Skipper Lourens Cor-
nelisen to be delivered at Amsterdam, but such did not take place;
has received something thereon, and demands the balance be paid here
by deft, and the served attachment declared valid. Deft acknowledges
to have received the goods to the amount of the said tobacco, but says
he is obliged to deliver the tobacco in Virginia and not here, accord-
ing to the agreement before good men, and that he has left in Vir-
ginia with Jan Michielsen the tobacco, which is due pltf., as balance.
1^53] Court Minutes of New Amsterdam. 97
Burgomasters and Schepens order that deft, shall prove before his
departure that said tobacco has been left in Virginia and that he has
given orders for its delivery to pltf .
Auken Jansen, pltf. v/s Hendrick Hendricksen, drummer, deft.
This is a dispute concerning a certain lot, according to former de-
mand, and answer of parties. It is decided to inspect the lot, which
having been done parties shall have judgment.
Hans Steyn, pltf. v/s Jan Martyn, deft. In a case concerning
206^ lbs. of roll tobacco, which deft, engaged on his word to deliver
good, of which he has been able to sell only 70 lbs. and the rest being
spoiled, it has since been taken to Fort Orange. Pltf. demands the
making good of the damage, showing to the Court some of the tobacco.
Deft, denies, that it is the same tobacco he delivered, as his was
spun good and sound. Parties are referred to 2 arbitrator to inspect
the tobacco.
William Pietersen, pltflF. v/s Pieter Luyckesen, deft. Pltf. de-
mands payment of fl. 16 by virtue of an order from Jan Comelisen as-
signed to pltf. for wages earned of deft. Deft denies the debt. Pltf.
demands, that deft testify to his declaration under oath. The Court
decides that, as the order is not dated, and not properly signed, deft, is
not bound to purge himself by oath, but that pltf. shall produce further
proof.
Anna Van Vorst put in a rejoinder to the reply of Pieter Kock as pltf.
concerning the promise of marriage. Marked in the margin : Copy hereof
to be delivered to the party to answer thereto.
Copy.
Respected and Very Dear : — We cannot, consistently with duty, omit
calling your Worships' attention to the injurious and intolerable destruc-
tion, which we, to our great dissatisfaction, daily behold the hogs commit-
ting on the newly finished works of the fort, whence the ruin thereof
will certainly ensue.
And whereas Burgomasters and Schepens, in violation of their solemn
promises made both in writing and orally, will not lend a hand to repair-
mg and strengthening the same, we can certainly expect, they will adopt
measures and take care, that what we with great pains and labor have
TOL. 1—7
^ Court Minutes of New Amsterdam. [1653
brought so far will not again be destroyed by hogs, and thus all our labor
be rendered useless, it being certainly the practice in no place to permit
cattle to run at large to the injury and damage both of individuals and the
l^iblic. Without more remonstrance then, in case this matter is not
speedily and promptly attended to by your Worships, we hereby protest,
tiiat necessity compels us to provide therein by the following Ordinance
and Placard, whereof we by these presents, do first notify the Burgomasters
and Schepens, and clear ourselves of all damage and injury that may fol-
low therefrom. Done at Fort Amsterdam in New Netherland the i2*^
August, 1653.
(Signed) P. Stuyvesantt.
City Hall, Tuesday, the 12 August, 1653, 4 o'clock in the afternoon.
Present. — Arent Van Hattem, Marten Krigier, Poulus Leendersen, and
M. Van Gheel.
Having taken into consideration the foregoing Remonstrance of the
Hon"* General, the same is postponed until the arrival of the other
Schepens who are absent.
Wednesday afternoon Burgomasters and Schepens again met except
Pieter Couwenhoven. Adjourned to 8 o'clock to-morrow.
Burgomasters and Schepens of this City New Amsterdam assembled
together.
Having seen the Remonstrance of the Hon"* General and his com-
plaint concerning the damage the hogs are daily doing to the fort and the
newly erected works, the Burgomasters and Schepens do therefore order
their Court messenger to notify the Burghers that every one of them shall
take care of his hogs or keep them in the sty until the fort and recently
constructed works have been fenced in with palisades to preserve said
works from damage, or in default hereof, such persons shall be held re-
sponsible for the damage and injury. Thus done and enacted this 14
August A** 1653, New Amsterdam. (Signed) Arent Van Hattem, 1653,
Martin Krigier, Poul" L. Van die Grist, Wilh : Beeckman, Pieter Wolfer-
sen, Maximilian us Van Gheel.
City Hall, Monday the 18 August, 1653. Present. — Arent Van Hat-
tem, Marten Krigier, Poulus Leendersen Van Grist, Wilh : Beeckman,
Pieter Wolfersen, and M. Van Gheel.
1653] Court Minutes of New Amsterdam. 99
Symon Joostea pltf. v/s Meuwe Jansen, deft. Pltf. states that he
purchased last year 50 pair of shoes of Pieter Smith, of which he sold one
pair to Lodewyck Jongh, which shoes deft, claimed as his, and says the
shoes had been stolen from him, whereof pltf. demands proof. The shoes
in dispute having been shown by pltf. to the Court, deft, says that they
are his own shoes, which he himself purchased in the New Market at Am-
sterdam, as one of the straps was sewed on here, but denies that he called
pltf. a thief. Parties having been heard, deft, is ordered to prove that the
shoes are his, whereupon deft declares he cannot do this. Therefore the
shoes in dispute are given back to pltf. and deft, is charged not to trouble
pltf. any further respecting the matter.
Guert Coerten, pltf. v/s Cosyn Gerritsen, deft. Deft in default.
Daniel Litschoe, pltf. v/s Gillis Pietersen, deft. Deft in default.
Gillis Pietersen, pltf. v/s Jan d' Cuyper, deft. Pltf. in default.
Adriaen Blommaert, pltf. v/s Willem Albertsen, deft. Defts 2"** de-
fault.
Jacobus Backer appears as Attorney for pltf. and demands payment
of fl. 921 by virtue of a bottomry bond dated 20* April, 165 1, and, ex-
ecuted in behalf of Jan Blanck, requesting deposit of the money in Court.
Burgomasters, and Sehepens, having heard the request and examined
bottomry bond do condemn deft, for his contumacy provisionally to de-
posit in the office of the Clerk of this City within 14 days the demanded
money and in default of appearance at the next Court day to give in his
plea, he shall be debarred from all exceptions he may thereafter claim,
and the officer is charged and authorized to proceed to execution.
Claes Bordingh, pltf. v/s Willem Albertsen, deft. Deft, in default,
but appeared a little later. Pltf. demands a balance of 7 beavers by virtue
of a note for 16^ beavers ; requests that deft, shall pay him before his
departure, or give sufficient security therefor. Deft, acknowledges the
debt. Condemned to pay deft, before his departure, or to give sufficient
security.
Jacob Van Couwenhoven, pltf. v/s Luycas Eldersen, deft. Both
default.
Jores Stevensen, pltf. v/s Jan VanderBilt, deft. Pltf. demands re-
payment of fl. 54 balance of moneys lent to him. Deft, acknowledges the
debt, and requests delay, until he has been to Fort Orange, where he
loo Court Minutes of New Amsterdam. [1653
has debts to collect. Burgomasters and Schepens condemn deft, to pay
and satisfy pltf. without delay within three weeks from date.
Sybout Clasen, pltf. v/s Lubbert Gysbertsen, deft. Pltf. as Attorney
for Reyyer Stofifelsen demands payment of fl. 135. Deft, acknowledges the
debt, but states that Joost Teunisen, for 4 hogs sold and delivered to the
Hon**** Company, has promised to pay for him. Joost Teunisen being
heard, acknowledges that he has bound himself as security for the pay-
ment. Parties having been heard, it is decreed and deft. Lubbert Gys-
bertsen as principal, or Joost Teunisen as security are condemned to pay
pltf. within one month from date.
Joost Teunisen, pltf. v/s Lubbert Gysbertsen, deft., demands pay-
ment of fl. 50. Deft, confesses the debt. Parties having been heard.
Deft is condemned to pay pltf. one month from date.
Roelof Jansen Vonck, pltf. v/s Cornelis Jansen Coele, deft. Pltf. as
aforesaid demands payment of fl. 196 for labor rendered. Deft, declares
that pltf. as servant of Cornelis Jansen the Zealander worked on his sloop,
and that he knows him in no other capacity, showing by account that he
has paid the Master Cornelis Jansen, the Zealander, according to agree-
ment, offering to confirm at all times by oath, that he had to do with no
one else in this matter than with Cornelis Jansen the Zealander, and that
he had not engaged or promised any wages to pltf. and in case pltf. can
prove to the contrary, he will pay him. Parties having been heard, deft.
Cornelis Jansen Coele is granted until the next Court day to declare
under oath that he has never set pltf. to work, or promised him money, in
which case pltf. will have to look to Cornelis the Zealander, who is ordered
then to appear in person.
Teunis Kraey, pltf. v/s Jan VanderBilt, deft. Pltf. demands pay-
ment of fl. 38 : lo. Deft, denies that he owes him so much. Ordered
that they settle the account between them, or else pltf. must write out a
specified account.
Willem Beeckman, pltf. v/s Andries Pietersen, cooper, deft. Deft, in
default.
Adriaen Keyser, pltf.. v/s Matys Capito, deft. Deft, in default.
Adriaen Keyser, pltf. v/s Jores Wolsey, deft. Deft, in default.
Adriaen Keyser, pltf. v/s Jan Gerritsen, smith, deft. Pltf. demands
payment of fl. 16 for goods sold. Deft, acknowledges to have received the
1^53] Court Minutes of New Amsterdam. loi
goods, but pleads, that Carel Van Brugge had offset with the Hon****
Company. Burgomasters and Schepens condemn deft, to prove that it
has been so offset, or in default thereof to pay pltf.
Adriaen Keyser, pltf. v/s Harmen Douwesen, deft. Deft, in default.
Adriaen Keyser, pltf. v/s Jan Aertsen VanderBilt, deft. Pltf. demands
payment of fl. 46 : 10 for provisions received. Deft, confesses the debt
and is condemned to pay pltf. within one month.
Mr. C. Van Ticnhoven present.
Auken Jansen, pltf. v/s Hendrick Hendricksen, drummer, deft.
On a dispute about a certain lot according to a previous demand and the
answer of parties. It is decided to view the lot. Whereunto are com-
missioned the W. Burgomasters and Schepen P. L. VandieGrift, and also
in relation to the dispute betwixt Daniel Litschoe and Gillis Pietersen
about a lot ; which being done, judgment shall be given.
Frans Jansen, pltf. v/s Jan Evertsen Van Kalcker, deft., demands
payment of 17^ beavers, according to note, together with costs accrued
therein, which by specification amount to fl. 25 : 8. Pltf. offering to con-
firm his declaration by oath if necessary, with one year's interest of the
money being fl. 14, making in all fl. 39 : 8. Deft, confesses the obligation
and offers to pay pltf. according to judgment dated the 9? May 1653,
rendered at Fort Casimir. Parties being heard, Burgomasters and Sche-
pens condemn deft, to pay pltf. the note according to the aforesaid judg-
ment together with the costs accrued herein according to specification.
Jacob Vis & Johannes Withart, pltfs. v/s Jacob Van Corlaer, deft.
Deft. 2^ default. Pltfs. demand renewal of judgment and execution.
It is decided, that they may arrest deft, on his coming here, and thus pro-
cure their pay.
Gillis Pietersen, pltf- v/s Jan d'Kuyper, deft., demands payment of
about fl. 50 for labor rendered. Deft, acknowledges the debt, but requests
account. Parties are ordered to exchange accounts and settle.
Burgomasters and Schepens of this City of New Amsterdam heard the
complaint of Cornelis Van Tienhoven, in quality as Schout of said City,
on and against Willem Albertsen of Munnekedam together with his answer
to it, that he deft, notwithstanding his having been attached by the Court
messenger, and being summoned before the Court, has dared to sail away
with his sloop lying in the roadstead before this City to Mespachtes and
I02 Court Minutes of New Amsterdam. [1653
other places and thus violates his arrest. Therefore pursuant to certain
by-laws and customs of Old Amsterdam for the maintenance of justice,
the W. Court have condemned and by these presents do condemn the
said Willem Albertsen in the penalty of fi. 50 to be applied \ for the Poor,
^ for the Court, and } for the Officer, and to remain in prison until this
and the fi. 50 in which he has been mulcted by the Burghers' Court Mar-
tial have been paid. Thus done and adjudged in Court at the City Hall
this 18?!* August 1653.
Coenraet Ten Eyck appears in Court, and demands that the hogs-
head of tobacco in dispute betwixt Allard Antony and him, may be de-
posited according to order. Whereupon it is ordered : The Officer is
hereby commanded and authorized to cause the tobacco in dispute to be
deposited by Allard Antony's agent, being Pieter Corn Vander Veen.
Done as above in Court.
Resolved unanimously by Burgomasters and Schepens to propose or-
ally to the Hon"* General, whether his Honor will not agree with them,
that it is necessary to send a personal embassy to those of New England,
where the General Assembly will be convened, according to report, on
the 25^ of August, in order to see how much can be effected with them
respecting the state, on which point they would consider it necessary first
of all previously to send a messenger etc.
City Hall, Monday, the 25 August, A!* 1653. Present Arent Van
Hattem, Marten Krigier, Poul* Leendersen, M. Van Gheel, Pieter Wolfer-
sen, Wilh. Beeckman and C. V. Tienhoven, Schout.
Brian Newton, Capt. Lieutenant, pltf. v/s Guliam de Wys, deft.
Pltf. demands payment of fl. 231 : 13, moneys received from pltf., ship
account also given to deft., whereof deft, executed a copy at the West
India House according to certificate of Book-keeper Mirinck ; requires
good payment here together with interest according to the written demand.
Deft, frankly admits that out of friendship he had promised to satisfy
pltf. here, and had hoped he should receive by the next ship the goods
for the money, of which he has not yet had any advice, but contends that
as long as it does not appear, that he has received, he is under no obliga-
tion to pay ; requests copy of the demand so as to answer it, which is
granted to him.
^^ss] Court Minutes of New Amsterdam. 103
Lubbert Gysbertsen, pltf. v/s Corn. Van Tienhoven, fiscal, deft*
Pltf. declares, that he had sold and delivered to the Hon^** Company
4 bogs, amounting to the sum of fi. 135, for which Joost Teunisen was
security, who promised to pay Reyyer Stofifelsen for him, pltf. ; requests
that either Reyyer Stoffelsen or he may receive satisfaction. The Fiscal
confesses the debt for the Hon"*' Company, and requests time. Parties
having been heard, deft, is condemned to pay within three weeks from
date.
This following copy is handed to the Board by C. V. Tienhoven.
Copy.
Respected and Very Dear : We have repeatedly called Your Honors'
attention to our own and the Country's common interest and situation and
the dangerous consequence, that will follow therefrom, if not seasonably
prevented ; we also have in addition earnestly requested that, at this
perilous crisis especially, some helping means might be devised, where-
by the civil, ecclesiastical and military servants might be supported
and placed beyond complaint ; the debts of the city and country paid ;
provisions and munitions of war provided, and this place on which the
preservation of the country depends, be maintained and defended against
violence, invasion and attack of enemies. All, however, hitherto in vain
and void of effect. Recently (pressed by want and necessity) we re-
quested of your Honors restitution of some loaned nails, for want whereof
the Company's works must stand still to the great detriment of the same ;
and also payment for the arms supplied by the Hon^^ Company and dis-
tributed among the Burghers ; so as to assist and relieve thereby ourselves
and the other servants of the Company. The intemperate answer to the
last which was vouchsafed us, has been signed by the Clerk alone. Mean-
while, respected gentlemen and particular friends, do our distress and
difficulty of which we are best judges, not only continue, but they have
increased to such an extent as to reduce us to extremity ; on the one
hand by creditors of the Hon^^ Company dunning, yea, importuning us
for payment, which we owe and are also ready to pay according to law
and equity and even can do, if we are paid and receive the debts over due
to the Hon^*^ Company, and the tithes that are outstanding ; on the other
hand, the civil, ecclesiastical and particularly the military servants are
I04 Court Minutes of New Amsterdam. [1653
appl3ring to and petitioning us, yet respectfully, for necessary support
The last complain that for want of food they are necessitated and driven
against their will and disposition to lay their service and arms at our feet,
in order to obtain support for the body by the labor of their hands from
the burgher or husbandman.
Reduced then to this extremity — to deny them this resort and not be
able to provide them the first, and finding your Honors either unable or
unwilling to assist with a subsidy, we are compelled to have recourse to
this extreme and last remedy, to wit : The calling in of the Company's
outstanding debts, the tithes and other royalties that are due ; wherefore
we have already through our Fiscal notified our debtors, but have found
them indisposed towards satisfaction and payment. And in order that
we ourselves may not be considered Plaintiff and Judge much less a Tyrant
as we have now and then been accused by the ignorant, we have resolved
and judged it most convenient, to have the debtors summoned through
the aforesaid pltf. before your Hon"* Court of Justice, and let them decide
according as right may dictate, only requesting and recommending Your
Honors to grant pltf. good and quick despatch according to the style of
law and equity of the cases, so that being paid for the Hon"* Company
we may pay and satisfy others especially that we may maintain and retain
free of complaint their civil, ecclesiastical and military servants for the
public. Awaiting which, we remain as ever,
Respected and particularly dear gentlemen,
Your affectionate friend and governor,
(Signed) P. Stujrvesant.
New Amsterdam, this 25 August, 1653.
Comelis Van Tienhoven, fiscal, pltf. in behalf of the Hon"* Com-
pany v/s Leendert Aerden, Gerrit Hendricksen and Comelis Jacobsen
Stille, defts. Pltf. making his demand and plea in writing reclaims the
bouweries occupied by defts. ; payment of the tithes of the crops accord-
ing to the ground-brief; and also the payment of all that defts. owe to
the Hon **^ Company, as further appears by demand. Defts. answer that
on account of short crops and war, they had been heretofore excused by
the Director General and Council from paying the tithes. Leendert
Aerden says, that he will leave the bouwery, provided he is paid the moneys
1^53] Court Minutes of New Amsterdam. 105
he has expended, and confesses that he is indebted to the Hon^ Com-
pany, but knows not how much ; denies having signed any obligation.
Comelis J. Stille confesses that he signed the obligation. Parties having
been heard, pltf. is ordered to produce at the next Court the account
and obligations of what defts. owe the Company, and defts. are ordered
then to appear again personally, in order to see and examine the matter
further, and it is furthermore ordered, that copy of the demand be fur-
nished to defts. to answer thereunto.
Mr. C. Van Tienhoven, Schout, pltf. v/s Claes Hendricksen, carpen-
ter, deft, says, that deft, did, on the 14^ of July last, draw a sword, and
with it pursue 2 masons along the public street, concluding that deft, be
condemned in the penalty according to the ordinance. Deft, expressly
denies the charge, demands proof, and claims for lost time, etc. Pltf.
engages to produce proof.
Mr. Comelis Van Tienhoven, Schout, pltf. v/s Comelis Willemsen,
deft. Deft, in default.
Comelis Van Tienhoven, Schout, pltf. v/s Johannes Withart, deft
making his demand states, that deft, had drawn a sword, therewith went
in front of the house of Capt. Krigier and elsewhere and had been guilty
of street riot, as more fully appears by information taken and exhibited in
Court. Pltf. concludes, that deft, ought to be condemned, according to
the ordinance, in the penalty of fl. 600. Deft, demands copy of the com-
plaint and information, that he may answer thereto. Deft, is granted
copy of the complaint to answer thereto at the next Court day.
Poulus Schrick, pltf. v/s Jores Rapalje, deft, demands payment of
fl. 78 : 13 : 8 according to account. Deft, acknowledges to have received
the goods ; demands on the other hand the rent of the house he let to
pltf. Pltf. states, that the house not suiting him, he remained in it only
14 days, and delivered up the key to deft., who had taken it without any
objection. Parties are ordered to prove their declarations, etc.
Poulus Schrick, pltf. v/s Lysbet Groesens, deft. Deft, in default.
Jacob Van Couwenhoven, pltf. v/s Luycas Eldersen, deft. Deft.
3^ default.
Symon Joosten, pltf. v/s Nieuwe Jansen, deft. Pltf. declares that
deft, on the last Court day, had again troubled him about the pair of shoes
then in dispute, and demands proof. Deft, denies the allegation ; declar-
io6 Court Minutes of New Amsterdam. [1653
ing as before, that be cannot prove it, and is willing to refrain from the
subject of the shoes. Therefore he is charged not to defame or molest
pltf. about this matter, under certain penalty.
Daniel Litschoe, pltf. v/s Pieter Comelisen, carpenter, deft. Deft.
in default.
Daniel Litschoe, pltf. v/s Gillis Pietersen, deft. Resolved to give
judgment at the next Court day.
Adriaen Keyser, pltf. v/s Jorsey Rapalje, deft. Pltf. demands pay-
ment of fl. 67 : 8 — according to account. Deft, confesses the debt, and
requests delay. Pltf. consents to give deft, a delay of 2 months, which
deft, accepting is condemned to pay pltf. in 2 months from date.
Adriaen Keyser, pltf. v/s Harmen Douwesen, deft. Pltf. demands
on a note according to account payment of a balance of fl. 189 : 13. Deft,
confesses the debt. Parties being heard, deft, is condemned to pay pltf.
within one month from date, etc.
Adriaen Keyser, pltf. v/s Roelof, the Mason, deft. Pltf. demands
payment of a balance of 16 guilders. Deft, acknowledges having received
the goods and in default of proof, that C. Van Brugge had agreed to off-
set them and did offset the same according to order, deft, is condemned
to pay pltf. within 14 days from date.
Adriaen Keyser, pltf. v/s Borger Jorisen, deft. Deft, in default.
Item. pltf. v/s Claes Croon, deft. Deft, in default.
Geurt Coerten's wife, pltf. v/s Vroutie Gerrits, wife of Cosyn Gerritsen,
deft, declares, that deft, has abused her as a whore, thief etc., according to
affidavits in the case ; demands proof or reparation of reputation. Deft
persists in the insult and offers to prove the same at the next Court day.
Adriaen Blommaert, pltf. v/s Willem Albertsen, deft. Jacobus Backer
appearing for pltf. demands as before payment of fl. 921, according to
bottomry bond. Deft, acknowledges the debt and bottomry bond to be
just, requesting only time to collect his debts and to be discharged from
arrest ; otherwise, will not be able to pay. Pltf. consents, that deft, may
take a voyage to Fort Orange to collect his outstanding debts, saving his
action. Parties being heard, deft, is condemned to pay pltf. in full within
three weeks from date without further delay on pain of execution.
Egbert van Borsum, pltf. v/s Comelis Jansen, the Zealander, deft.
Deft, in default.
1^53] Court Minutes of New Amsterdam. 107
Roelof Jansen Vonck, pltf. v/s Cornells Jansen, the Zealander, deft.
Deft in default. Cornells Jansen Coele and Roelof Jansen Vonck ap-
pearing in Court, offer in accordance with the order of i8th of August
last, now to make oath before the Court. Roelof Jansen Vonck requested,
that the oath be postponed to the next Court day, which was granted.
Jacob Vis & Johannes Withart, pltf. v/s Jacob Van Corlaer, deft.
Parties withdrew for settlement.
Curators of the estate of Jan Damen, deceased, pltfs. v/s Aryaentle
Cuvelje, deft. Both in default.
Skipper Willem Tomasen, pltf. v/s Lysbet Teysen, deft., demands
payment of a balance of fl. 52 in beavers on a note of 100 guilders for
board. Deft, acknowledges the debt, but says that a chest of goods in the
hold had become rotten ; requests some compensation therefor. Pltf.
states as the goods paid no freight and are of no value, he is not responsi-
ble for them. Parties being heard, deft, is condemned to pay pltf. within
fourteen days from date.
Frans Jansen, pltf. v/s Jan van Kalcker, deft., demands payment of
costs accrued in the suit betwixt them, according to the judgment of i8th
August last. Deft, insists, that pltf. swear, that he has incurred and paid
so much costs. Pltf. replies, if deft, can prove the contrary, he will re-
turn him double the money. Pltf.'s declaration and offer of oath being
received, deft, is condemned to pay the costs of suit agreeably to the bill
on pain of execution.
Frans Jansen, pltf. v/s Philip Geraerdy, deft, demands payment of a
balance of fl. 100 in beavers for labor rendered agreeably to contract,
together with interest thereof. Deft, states, that the contract for making
the garret has been most scandalously fulfilled and in regard to payment
of interest he has sustained damage of 200 gl. The contract being ex-
amined by Burgomasters and Schepens, it is found that the making of the
garret is not mentioned therein, and having attended to the declaration of
the parties, condemn deft, to pay pltf. according to contract the demanded
100 gl. in beavers and that within 3 weeks from date, and in case he has
any claim, he may then institute his action.
Andries Hopkens, pltf. v/s Philip Geraerdy, deft, declares, that he
had sold to Cornells Lanckvelt, partner of deft's son, some tobacco, which
he had delivered in Philip Geraerdy's house, and as the aforesaid C.
io8 Court Minutes of New Amsterdam. [1653
Lanckvelt is not able, for payment for the tobacco does not come, and as
tobacco is perishable, demands the restitution of his tobacco or the pay-
ment of what is due him being fl. 51, whereupon he has received from
deft's wife 1 2 gl. Deft, denies having any of pltf 's tobacco in his house,
but that the aforesaid Comelis Lanckvelt had left some tobacco in his
house, on which full 500 guilders are due him, and with respect to the 12
gl. they were lent to pltf. by deft's wife, and not paid on the tobacco.
Parties being heard. Burgomasters and Schepens decide and order, that
the tobacco in dispute, shall remain yet one month longer with Philip
Geraerdy, who declares that the tobacco is still good and sound, and in
case Comelis Lanckvelt does not come in that time, pltf. may then have
his recourse against said tobacco for his payment.
Auken Jansen, pit. v/s Hendrick Hendricksen, drummer, deft Re-
solved to give parties judgment on next Court day.
Jacobus Schellinger, pltf. v/s William Harck, deft. Deft, in default.
Jacobus Schellinger, pltif. v/s. William Laurens, deft. Deft in
default.
Hendrick Jansen, smith, pltf. v/s Richard Britnel deft Pltf's wife
appearing demands payment of fl. 198 : 13s for disbursements according
to bill of particulars. Deft, says, he does not know, what he has had,
producing as offset according to specification a bill of fl. 60 : 12 and
according to his understanding, should owe only 30 or 40 gl. Parties are
ordered to settle their accounts before arbitrators.
On the return of Comelis Van Tienhoven, Schout, the agent of
Allard Antony declared he had no tobacco belonging to him, and at the
request of Coenraet Ten Eyck, it is further ordered by Burgomasters and
Schepens, that in failure of tobacco, the Officer shall attach any other
goods or wares. Done in Court the 25 August, 1653.
Having examined the wampum exhibited in Court by the Officer,
which Andries de Haes, baker, had refused to take from Daniel Litschoe
for bread, the aforesaid baker is therefore summoned to Court, who denied
that he had ever refused bread or declined taking said wampum.
City Hall, Monday, the first of Sept., 1653. Present — Arent Van
Hattem, Marten Krigier, Pieter Wolfersen, M. Van Gheel, Poulus Len-
dersen & Wilh. Beeckman, together with C. Van Tienhoven, Schout.
1^53] Court Minutes of New Amsterdam. 109
Brian Nuton, Captain Lieutenant, pltf. v/s Gulyaem d'Wys, deft.
Pltf. persists in his previous demand and request dated 25th August
for payment of 231 : 13. Deft, answers the demand in writing, which
being examined he is further heard by way of arbitration and informs the
Court, that for accommodation's sake he will perform the promise he gave
and satisfy and pay pltf. within eight days from date, provided pltf. revoke
the statement in his demand, viz, that he deft, has already received the
moneys and refused to pay pltf. Parties having been recalled, declare
that they will no longer remember their foregoing dispute, and they settle
with each other equitably and make payment
Jacob Van Couwenhoven, pltf. v/s Luycas Eldersen, deft. Pltf. in
default.
Poulus Schrick, pltf. v/s Teunis Kraey, deft. Deft in default.
Johannes Withart, pltf. v/s Francoys Tjm, deft. Pltf. concludes, that
deft, be condemned to pay pltf. the sum of 200 gl. for the surgeon's bill,
pain and smart as well as loss of time on account of the wound, which
deft, willfully inflicted on his face with a glass ; demanding costs of suit.
Deft, demands copy of declaration in order to answer it in writing, which
the Court grants him. Done First of September, 1653.
Poulus Schrick, pltf. v/s Joresy Rapalje, deft. Deft's wife appearing,
ordered that deft, appear in person at the next Court day to defend himself.
Poulus Schrick, pltf. v/s Jan VanderBilt, deft. Deft, in default.
Poulus Schrick, pltf. v/s Andries Eduaertsen, deft. Deft, in default.
Francoys Rombouts and Jan Visser, pltfs. v/s Adriaen Blommaert,
deft. Pltfs. having been in deft's service here demand in writing payment of
their monthly wages and lost time, as they are about to depart for home.
Deft, persisting in his written declaration, made before the Director
General and Council again demands an account of their administration ;
in this case does not refuse payment of their earned monthly wages.
Burgomasters and Schepens order pltfs. to render proper account before
Johannes Nefius and Comelis Steenwyck as arbitrators, who are hereby
authorized to examine the accounts at the house of Abraham La Nooy, and
if practicable, to procure a settlement between parties, or otherwise to
submit their opinion in writing to the Court.
Egbert Van Borsum, pltf. v/s Comelis Jansen, the Zealander, deft.
Deft. 2f default.
I lo Court Minutes of New Amsterdam. [1653
Egbert Van Borsum, pltf. v/s Thomas Hall, deft., demands payment
of fl. 600 in beavers at fl. 8 apiece. Deft, confesses the debt, and requests
delay, offering to give sufficient security for the payment of principal and
interest. Parties having been heard, it is decreed and deft, condemned
to pay pltf. within six weeks from date.
Roelof Jansen Vonck, pltf. v/s Comelis Jansen, the Zealander, deft
Deft. 2^ default.
Comelis Van Tienhoven, Schout of this City, New Amsterdam,
declared on Thursday last in the afternoon, that he had settled and
agreed with Johannes Withart concerning a certain action, that the Schout
had officially instituted against Johannes Withart on the 21 December,
1652, according to the tenor of the affidavits : according to this agree-
ment, the Schout proves by credible witnesses, the aforesaid Withart
should pay a fine of fifty guilders — one half for the Poor, and the other
half for the Schout — and ten guilders to be expended for a treat, and
moreover pay the sum of ten guilders to be laid out at Abram La Nooy's,
and the fee of Notary Schelluyne amounting to 24 gl., so that said Withart
in addition to the voluntary agreement and promise of sixty guilders is
obligated, as appears by the attestation thereof produced in Court, to pay
to the Officer in liquidation of the costs aforesaid the sum of 34 gl., which
sum said Withart is by Burgomasters and Schepens, after hearing parties
and examination of the Schout's declaration, condemned to pay, on
pain, in case of refusal, of the Schout's being impowered to levy execu-
tion, etc.
Willem Contael, pltf. v/s Jacob Schellinger, deft. Pltf. demands
restitution of his accounts, which he had put into the hands of deft as
security for payment of his debt. Deft, demands before delivering up
the accounts payment of fi. 130. Pltf. acknowledges the debt, but says
he cannot pay as long, as he is not able to receive anything. Fiscal Van
Tienhoven undertakes in behalf of the Hon^^' Company, to give pltf., in
payment of his account against the Hon^^" Company, an assignment on
his countrymen at Gravesend, on condition that he will pay deft. Where-
upon pltf. agrees to pay deft.
Jacobus Schellinger, pltf. v/s William Harck, deft., declares, that he
had purchased of deft. 2 yoke of oxen, to wit, one yoke to be delivered in
March, and to be paid for six weeks after delivery ; and one yoke to be
1^53] Court Minutes of New Amsterdam. x 1 1
delivered last August and to be paid for 8 days after delivery, which
delivery of the oxen he has refused to make. Pltf. requests, that deft.
be condemned to execute the concluded agreement and purchase of the
oxen, and to deliver to him the oxen, claiming costs, loss and damage
suffered thereby. Deft, acknowledges, that he had sold the oxen as
appears by the written agreement, but says as it was then a dangerous
time, he requested payment for the cattle or security for the same, which
pltf. has refused him, and the oxen were not permitted to go. Pltf.
declares, that notwithstanding he was not bound according to the agree-
ment to give security, he offered, that deft, might name some merchants
at the Manhatans, whom he desired to be securities, thereto he received
for answer, that there was no one at the Manhatans, whom he would
credit for the value of 6 stivers. Parties having been heard, pltf. is
ordered to bring further proof.
Jacob Schellinger, pltf. v/s William Laurens, deft. Deft. 2^ default.
Govert Loockermans, pltf. v/s Claes Meutelaer, deft. Pltf. demands
payment of fl. 123: 14 : 8 according to obligation and account. Deft,
acknowledges the debt, claims credit for fl. 48 for 4 trips with his wagon
at the instance of G. Loockermans and Jacob Van Couwenhoven. Pltf.
denies having ordered his wagon, says he has been only once in deft's
wagon, for which he promised to pay deft, his share. Parties being heard.
Burgomasters and Schepens condemn deft, to pay pltf. his demand accord-
ing to note, saving his action for the wagon freight, whereof party must
bring proof.
Jacob Steendam, pltf. v/s Jacob Clomp, deft. Deft, in default.
Pltf's wife appearing, stated the arrest made of deft's person, which arrest
is in consequence of the default's being declared valid.
Joost Goderis, pltf. v/s Jacob Clomp, deft. Deft, in default.
Gillis Pietersen, pltf. v/s Idc Van Vorst, deft. Deft, in default.
Joresy Rapalje, pltf. v/s Lodewys Pos, deft. Deft, in default.
Mr. Comelis Van Tienhoven, Fiscal, pltf. v/s Leendert Aerden,
Gerrit Hendricksen, and Comelis Jacobsen Stille, defts. Pltf. persisting
in his former written declaration and conclusion, copy whereof he has
according to order furnished defts., demands speedy despatch. Defts.
answer the declaration in writing, whereof pltf. requests copy, proving
by obligations the justice of what defts. owe the Hon^^^ Company.
112 Court Minutes of New Amsterdam. [1653
Which obligations having been produced to Leendert Aerden he ac-
knowledged his handwriting being for fl. 1563 : 11 ; Cornelis Jacobsen
Stille also acknowledged his signature for the sum of fl. 789 : 11 : 4.
Therefore, Burgomasters and Schepens having seen the said obligations
and confessions of the abovenamed Leendert Aerden and Cornells
Jacobsen Stille have condemned and by these presents do condemn them
to pay said sums according to obligations, and in case they can sub-
stantiate any equitable claim in deduction of the amount of the obliga-
tions, they may offset the same, and further, pltf. is allowed copy of their
answers.
Michiel Paulisen's wife appeared in Court ; demands payment of
what her husband earned with his sloop in fetching palisades for the City
works. Burgomasters and Schepens decide that Michiel Paulisen shall
have for each load of palisades 10 gl. being for 14 loads fl. 140, which
moneys Poulus Leendersen shall pay him.
On the first of September one bag of wampum labeled fl. 51 : 18^
was deposited at the Secretary's office, being from Pieter Cornelis Van
Veen in regard to the hogshead of tobacco in dispute between Allard
Antony and Conraet Ten Eyck. Coenraet Ten Eyck is allowed to take
the same under security.
The Officer is ordered forthwith to bring Cornelis Jansen the Zeal-
ander into Court, since, in contempt of Court, being at different times
summoned, he has never appeared to be heard thereon. The Officer
returning, reported that he did not find said C. the Zealander at home.
It is thereupon further resolved in case deft C. Jansen the Zealander
will not, according to his wife's promise, come before Burgomasters and
Schepens, he shall be put on his trial and apprehended.
In the case betwixt Auke Jansen and Hendrick Hendricksen, drum-
mer, respecting certain lot through which the city wall is made. Burgo-
masters and Schepens of this City, for reasons provisionally decide, and
Hendrick Hendricksen is condemned to pay to Auke Jansen fl. 29 : 5,
provided that he shall deliver to Hendrick Hendricksen the deed and
letters of ownership.
Done as above.
The case betwixt D. Litschoe and Gillis Pietersen for a certain lot on
which the Guard>house is erected, being considered by Burgomasters and
*653] Court Minutes of New Amsterdam. 113
Schepens, it is resolved and decided, that the Guard-house shall be re-
moved from the lot, and if it be then found that the lot has been cur-
tailed, it shall be seen into at some more convenient time. Therefore
Gillis Pietersen is condemned to pay Daniel Litschoe the purchase money
according to contract.
Done as above in Court this First September, 1653, N. Amsterdam.
City Hall, Monday, the 8 September, 1653. Present — Arent van
Hattem, Martin Krigier, Poul" Leend" van Grift, Wilh. Beeckman and
Maximiljaen van Gheel.
Guliaem d' Wys, pltf. v/s Pieter Andriesen, chimney-sweep, deft.
Deft, in default.
Poulus Schrick, pltf. v/s Corfi Clasen Swits, deft. Deft, in default.
Poulus Schrick, pltf. v/s Jorsy Rapalje, deft. Case concerning
house rent. Burgomasters and Schepens refer parties to Govert Loock-
ermans and Jan J. d' Jongh as arbitrators, to reconcile parties, or other-
wise to report their opinion to the Court in writing.
Poulus Schrick, pltf. v/s Andries Eduaertsen, deft. Pltf., according
to note of II March, 1653, demands payment of a balance of fl. 158 :
13 : 8. Deft, confesses the debt. Parties having been heard, deft, is
condemned to pay pltf. within three weeks from date.
Poulus Schrick, pltf. v/s Teunis Kraey, deft. Pltf., by virtue of an
obligation of 8 Nov., 1652, demands payment of 15 beavers and another
balance of account of fl. 5 : 6. Deft, acknowledges the debt. Parties
having been heard, deft, is condemned to pay within three weeks from
date.
Poulus Schrick, pltf. v/s Jan van Bilt, deft. Deft, in default, but
for reasons, he is excused.
Poulus Schrick, pltf. v/s Luycas Eldersen, deft. According to note
of the 25th of Oct., 1652, for fl. 257 : 10, whereon was received from An-
dries Eduwaertsen fl. 180, pltf. demands payment of the balance of fl.
77 : 10. Deft, says, that he does not owe so much. Parties are ordered to
balance their accounts.
Madame Genes being summoned into Court by the Schout (concern-
ing the 4 napkins in dispute between her and Annetie, the wife of Hage
Bruynsen), is asked, (since Madame Genes intends to remove to Father-
▼OL*
114 Court Minutes of New Amsterdam. [1653
land, and Annetie aforesaid intends to go to Fort Orange), whether she
can produce any further proof. She gives for answer : No other proof
than before ; that they are found in all respects like her napkins, and she
is willing, if she can retain her napkins and will remain unmolested on
that account, to forgive the said Annetie her fault, and never to trouble
her on that account.
Hendrick Jansen, pltf. v/s Richard Bridnel, deft. Deft, in default.
Jores Rapalje, pltf. v/s Lodewyck Pos, deft. Pltf. according to note
of 30 June, 165 1, demands payment of fl. 357. Deft, acknowledges the
debt, but says that he has earned from 25 to 30 guilders from the pltf.
Parties having been heard, deft, is condemned to pay pltf. within three
weeks the aforesaid amount according to obligation, deducting all that
may be proved to have been paid.
Matys Capito, pltf. v/s Hermen Smeeman, deft. Deft in default.
Jacob Steendam, pltf. v/s Jacob Clomp, deft. Both in default.
Luycas Eldertsen, pltf. v/s Andries Eduaertsen, deft., says that by
mischance a glass had been broken in pieces at night by a dog or some-
body else to him unknown in the house, hired of Michiel Tadens, and
whereas deft, proclaims in full company, that he has heard, pltf. had
broken the glass himself, demands that he name the person who so
staled, so that he can clear himself. Deft, as agent of Michiel Tadens
in charge of the house says, he has indeed heard this, and to prevent any
further dispute that may arise therefrom, he is under no obligation to
name the person. Parties having been heard, were reprimanded for
troubling the Court about such trifles and pltf's demand is dismissed.
Jacob Hendricksen Veervanger, pltf. v/s Carel Van Brugge, deft
Pltf. as co-curator of the estate of Hans Lodewycksen deceased, demands
that deft, be condemned as vendue-master to deliver up to the curators
the moneys, obtained for the goods sold at public vendue, so that they
may remit the same to the widow. Deft, states, that he has not yet re-
ceived the moneys for the goods sold from the purchasers and requests
delay. Parties having been heard, deft. Carel Van Brugge is ordered to
collect the moneys, and is condemned to make payment to the curators
within one month from date.
Carel Van Brugge, pltf. v/s Isaac d'Foreest, deft. Pltf. as vendue-
master of the personal estate of Pieter Comelisen, mill-wright, demands
1^53] Court Minutes of New Amsterdam. 1 1 5
payment of fl. 59 : 8 for goods purchased at public vendue. Deft, ac-
knowledges having purchased the goods, but says, in the name of Philip
d'Truy's widow, that her son Philip (who was also murdered) had earned
fl. 100 monthly wages of Pieter Comelisen dec^, which are still due him.
Deft, is ordered to prove at the next Court day his demand against the
estate of the above-named Pieter Comelisen deceased.
Carel Van Brugge, pltf. v/s Sybout Clasen, deft., demands payment
of fl. 67 for the estate of Hans Lodewycksen deceased, according to judg-
ment. Deft, acknowledges the debt. Pltf. accepts deft's offer to pay
within 14 days.
Carel Van Brugge, pltf. v/s Borger Jorisen, deft. Deft, in default.
Govert Loockermans, pltf. v/s Claes Meutelaer, deft. In a case of
wagon freight for the sum of 48 gl. Jacob Van Couwenhoven being
heard at pltf's request, he acknowledges having spoken for the wagons,
for which he paid Claes Meutelaer together with other debts amounting
to fl. 92 : 14. Parties having been heard, Govert Loockermans is ac-
quitted and Jacob Van Couwenhoven is ordered to render account to
Qaes Meutelaer, and proof of payment aforesaid.
Cornells Steenwyck, pltf. v/s. Govert Loockermans, deft. In a case
of preference in the matter of attachment of a certain hogshead of
tobacco belonging to Claes Meutelaer, pltf. declares on his honor with
offer of an oath, that he did himself pack the tobacco in dispute into the
hogshead, and has received it at the ferry from Claes Meutelaer and in
his absence, it was brought to Adriaen Dircksen's house, where it was
attached by Govert Lockermans. Parties having been heard, said tobacco
is awarded as payment to pltf. in the presence of C. Meutelaer, and the
attachment by G. Loockermans annulled.
Jacob Van Couwenhoven, pltf. v/s Luycas Eldertsen, deft., demands
payment of 16 beavers according to obligation. Deft, acknowledges to
have executed such note, but says that at different times he has paid
thereon to the amount of fl. 87 : 10, which pltf. denies. Deft, is therefore
ordered to deliver in at the next Court day a specification of his account,
and of what he has paid on the note.
Jan Comelisen Clyn, and Claes Hendricksen, pltfs. v/s Teunis Kray,
deft Pltfs. demand, for building a house a year since according to
contract payment of a balance of 13^ beavers and fl. 12 : 8 in wampum.
ii6 Court Minutes of New Amsterdam. [1653
Deft, confesses the debt, provided the upper floor be finished as soon as
he has the nails ; says that the house is mortgaged ; requests delay, which
parties leave to the Court's discretion. The Court therefore decides and
condemns deft to pay pltf . within one month from date.
Carsten Clasen and Jan Barentsen, pltfs. v/s Jan Strycker, deft.
Pltfs. agreed to construct a house for fl. 99, whereon deft, has earned
about 20 gl. They demand payment of the balance. Deft, acknowledges
the debt, and states that before this he had offered to pay pltfs. in beavers
at 9 gl. apiece, in place of wampum contracted for, and requests delay.
Parties having been heard, deft, is condemned to pay within four weeks
from date.
Govert Loockermans, pltf. v/s Egbert Van Borsum, deft Pltf.
demands payment of the third installment on the house and lot sold deft
according to contract. Deft, acknowledges the debt ; requests delay, as
he connot obtain payment from others at present. Parties having been
heard, six weeks' time is granted deft., who is condemned to pay then
without fail.
Auke Jansen, pltf. v/s Augustyn Heermans, deft. Deft, in default
Isaac d' Foreest, pltf. v/s Jan Cool, deft. Deft in default. Pltf. com-
plains that deft, has gone away notwithstanding attachment and summons.
Jacob Haey, pltf. v/s Jacob Kip, deft. Pltf. appearing demands
payment of fl. 154, being balance of a certain acceptance of assignment
Deft, confessing the debt, is condemned to pay the sum of fl. 154 within
one month from date.
Jacob Kip, pltf. v/s David Provoost, deft. Deft in default. Pltf.
producing a certain judgment rendered against David Provoost, dated
21 July last past, requests of the Court act of authorization to put the
said sentence into execution. The Court acknowledging, that the request
is conformable to law and reason , hereby authorize pltf. to levy execution
on deft through the Officer.
Jacob Kip, pltf. v/s Thomas Hall, deft. Deft, in default.
Francoys Fyn, deft, in convention and pltf. in reconvention * ads
* This is a cross action. Convention, says Damhouder, is to summon any one at
law or to court. Reconvention is to countersummon such pltf. Thus, if any person sue
rae for ten pounds, I can summon him, and sue him in like manner for six, eight or
ten pounds. Such cross action or reconvention must generally be commenced before the
pleadings in the original suit are entered. Praxis Rerum Civilium^ Cap. CXLI.
1653] Court Minutes of New Amsterdam. 117
Johannes Withart pltf. and deft, in the same case, doing the same in writ-
ing, whereupon was noted in the margin : These are put in the hands of
party to answer thereunto. Comelis Van Tienhoven appeared in Court.
As some friends have applied to the Director General and Council for a
commission of marque and reprisal against the English, he requests
Burgomasters and Schepens would please jointly to repair at once to the
Hon. Director General, which they did. Reported that pursuant to the
resolution, he had issued the order to Skipper Willem Tomasen.
City Hall, Tuesday, September 9, 1653.
Present — Arent Van Hattem, Marten Krigier, Poul* Leend" Van
Grift, Wilhelm Beeckman and Pieter Wolfersen.
Nomination of Delegates to the General Assembly of the Country
from the Board of Burgomasters and Schepens.
Nominated by Arent Van Hattem : Poul" Leend' Van Grift, Max ;
Van Gheel ; by Marten Krigier : Arent Van Hattem, Poul* Leend" Van
Grift ; by Poulus Leend" Van Grift : Marten Crigier, Pieter Wolfersen ;
by Wilhelm Beeckman : Marten Crigier, Poul" Leend" Van Grift ; by Pieter
Wolfersen : Marten Krigier, Poulus Leendersen.
Elected by plurality of votes : Marten Krigier, Poulus Leendersen.
Whereas the Director General and Council with the knowledge of
the Burgomasters and Schepens, resolved that a General Assembly shall
assemble and be held on Thursday next, being the nth September, in
Fort Amsterdam.
Therefore Burgomasters and Schepens of this City of New Amster-
dam have nominated from their Board by plurality of votes Burgomaster
Marten Krigier and Schepen Poulus Leendersen Van die Grift, who are
hereby commissioned and authorized to assist in deciding all occurring
subjects relating to public good, whereof they shall render a report to the
Board after the conclusion of the Assembly.
Thus done and enacted at the City Hall in New Netheriand this 9
September, 1653.
(Signed) Arent Van Hattem, 1653
Martin Krigier
P. L. Van die Grift
Wilh : Beeckman
Pieter Wolfersen
ii8 Court Minutes of New Amsterdam. [1653
Annetie N., wife of Age Bruynsen, appeared in Court ; requests a
pass to go to Fort Orange. Whereas she instituted the suit about the 4
napkins of Mme. Genes, and the case has not been prosecuted by her,
therefore Burgomasters and Schepens notify her, the petitioner, first to
settle with Mme. Genes, or else prosecute her suit, and remain bound over
to the Court, so that their Worships of the Court may remain exempt
from any complaint of refusing justice, etc.
The Schout is hereby requested and charged not to permit the wife
of Age Bruynsen to remove before and until the dispute with Mme. Genes
about the napkins shall be settled, and she has exhibited certificate to
that effect.
City Hall, Monday, September 15, A" 1653.
Present — Arent Van Hattem, M. Van Gheel, Pieter Wolfersen and
Wilhelm Beeckman.
Casper Steenmets, pltf. v/s Lodewyck Pos, deft. Deft, in default.
Guliaem Wys, pltf. v/s Pietro Andriesen, deft., demands payment of
jfl. 499 : 4, according to note dated 5 August, 1652. Deft, confesses the
debt, and requests delay. Parties having been heard, deft, is condemned
to pay pltf. according to obligation within one month from date.
Poul* Van Beeck, pltf. v/s Auke Jansen, deft., says deft, engaged
to do certain work on his house and up to the present time, has not made
a commencement ; requests that the Court may compel him to enter on
and complete the work. Deft, says that he has been prevented from be-
ginning the work by the want of materials, but promises in Court, if pltf.
will pay for the nails, he will complete the work he has engaged to do
within three weeks. Pltf. accepts the offer.
Jacobus Vis, pltf. v/s Luycas Eldersen. deft. Deft, in default.
Daniel Litschoe, pltf. v/s George Bacxter, deft. Both in default.
Hans Fommer, pltf. v/s Madame Anna Vander Donck, deft. Pltf.
demands that deft, shall give lawful reasons why she has forbidden the
publication of the bans of matrimony between pltf. and Maeyken Huy-
bertsen, or otherwise be ordered to give her consent. Guysbert Van der
Donck, deft's son appeared in Court in the place of his mother, and says
the marriage of Maeycken Huybertsen can not take place without the
consent of those, to whom she is hired according to the contracts exhib-
1^53] Court Minutes of New Amsterdam. 119
ited to the Court ; and if that be allowed in the present instance, she
ought nevertheless first of all to settle and give satisfaction. Parties
having been heard, the Court of this City of New Amsterdam do deter-
mine, that no lawful reasons exist to refuse the marriage of Hans
Fommer and Maeycken Huybertsen. Therefore deft, is ordered to allow
the same without any objection and pltf. is permitted to take copy of the
contract to answer thereto in writing.
Poulus Schrick, pltf. v/s Jan Vanderbilt, deft. Defts 2*" default.
Poulus Schrick, as agent of Jan Labate, pltf. v/s Jores Wolsey, deft.
Pltf. by virtue of receipt signed by deft, dated 24 August 1649 for peltry
delivered; demands payment of a balance of fl. 184:3. Deft, in be-
half of his master Isaac Allerton, acknowledges the receipt, and that,
according to account, the demanded sum is still due, but contends,
that he is not obligated to pay the debts of Isaac Allerton, his master.
Parties having been heard, the Court of this City of New Amsterdam
decide and condemn deft, to pay the pltf., as he signed the note himself,
and has already made payments on it as factor of his master afore-
said.
Auken Jansen, pltf. v/s Hendrick Hendricksen, drummer, deft. Pltf.
by virtue of a judgment of the Court, demands payment of the same, to-
gether with fl. 10 for hogs delivered. Deft, contends that the demanded
10 gl. are included in the fl. 29 : 3. It is the opinion of the Court, that
the demanded 10 gl. are not included, but it is a separate transaction.
Therefore deft, is condemned to pay the same separately.
Auken Jansen pltf. v/s Augustyn Heermans, deft., demands pay-
ment of a balance of one hundred guilders in beavers according to con-
tract for building deft's house. Deft says, that pltf. has not fulfilled his
contract ; secondly, that he has spoiled his timber and the work ; thirdly,
that now, in short, to prevent all disputes, it was agreed at pltfs request,
that he should give pltf. one beaver more, and if pltf. will not accept this,
then he claims damage sustained by him. Pltf. denies such agreement;
says he will not be satisfied with one beaver. The Court do hereby ap-
point Pieter Wolfersen and Frans Jansen both house-carpenters to inspect
work and if possible to effect a settlement, or otherwise to report their
opinion in writing to the Board.
Jacob Van Couwenhoven having produced the note against Luycas
1 20 Court Minutes of New Amsterdam. [1653
Eldertsen, it is the opinion of the Court, that Lnycas Eldertsen be thereon
cited and heard.
Cornelis Steenwyck, plft. y/s Abram Rycken, deft., demands
payment of a balance fl. 136 : 13 : 10 in beavers as appears by account
for goods received in the year 1650. Deft, acknowledges the debt, and
requests delay. Parties having been heard, deft is condemned to pay
within six weeks from date.
Jan Hendricksen Steelman, pltf. v/s Andries Hopkens, deft Pltf. in
opposition to the arrest of his person requests that the same be declared not
valid. Deft demands that the arrest be declared valid until he be paid fl.
112 : 10 for brick delivered. Pltf. says, deft did not deliver the brick
according to agreement and that his workmen had to wait for it ; offering,
in case deft wiU deliver the balance of the brick, to pay him the balance
which will be found coming to him. Parties having been heard the Court
decides that they shall fulfill their contracts and settle their accounts ;
condemning Jan Hendricksen to pay promptly within two months what
he is found to be indebted, releasing him from arrest
Casper Steynmets, pltf. v/s Richard Bridnel, deft In a case of arrest
for payment of fl. 12 : 10 which deft hath accepted to pay pltf. for Jan
Botser, and fl. 2 for himself. Deft, acknowledges the debt, and that he is
security for Jan Botser. He is therefore condemned to pay pltf. or in
default to give security before his departure. The arrest is accordingly
declared valid.
Hendrick Jansen, pltf. v/s. Richard Bridnel, deft In a case of arrest
Pltf. demands, that deft be condemned to pay the sum of fl. 138 : i :8,
before his departure, which amount is due him by the balance of accounts.
The Court of this City of New Amsterdam having seen the accounts
of parties exhibited to the Court, and the offer of parties on either side,
to confirm if necessary their declarations and dues by oath, do find that
deft is indebted by balance in the sum of fl. 138 : 1:8, which deft, is
condemned to pay within six weeks from date, but to give before his
departure, sufficient security for the payment
Johannes Withart replied in convention and answered in reconven-
tion * to the plaint and answer delivered in by Francoys Fyn, whereof F.
Fyn asks for a copy, that he may answer thereto. In the margin was
* See Note supra p. 116.
1^53] Court Minutes of New Amsterdam. 121
written : Copy hereof is to be delivered to party to put in his rejoinders
thereto.
City Hall, Monday, September 29. Present — Marten Krigier,
Poulus Lee" Van die Grift, Wilh. Beeckman, Pieter Wolfersen, and C. Van
Tienhoven, Schout.
Jacob Kip, pltf. v/s. Judith Varlet, deft., demands payment of
fl« 22. due him out of the personal estate of Comelis Crynen on
account of Comelis Clasen Swits. Deft says, she has satisfied and
paid A. J. Kristman. Pltf. requests that deft, prove it or verify it under
oath. The Court orders that deft, shall prove her statement or else
establish it upon oath at the next Court day.
Mr. Gysbert Van Emdenbroeck, pltf. v/s Teunis Kraey, deft.
Deft, in default.
Johannes de Peyster, pltf. v/s Teunis Kraey, deft. Deft, in default
Jan Patricx, pltf. v/s. Thomas Laurenss, deft. Both in default.
Pieter Comelisen Vander Veen, pltf. v/s Comelis de Potter deft. Pltf.
according to account demands payment of moneys on account of the
general fitting out of the ship Nieuwe Liefde (New Love). Deft, requests
copy of the account, and as the ship is now on her departure, ask 14 days*
time to give a written answer. Deft's request being granted, pltf.
delivered the account to deft, in Court.
Cornelis de Potter, pltf. v/s Thomas Stevenson, deft. For payment
of rent for land, and removing manure ; pltf. making his declaration in
writing. The Court having heard deft, thereon, decide and order that
deft, may take copy of the declaration to answer thereto in writing at the
next Court day.
Covert Loockermans, pltf. v/s Claes Pietersen Kos, deft. Deft, in
default. As deft, had contracted to make the roof of a brewhouse, for
the want of which great damage might ensue, Pltf. demands that the
Court would please compel deft, to do so, or make such order as they may
think proper. The Court having heard the pltf s demand do hereby order
and authorize the Officer forthwith to notify Claes Pietersen Kos to finish
his contracted work, or in case he refuse to do so, the pltf. may have the
work done by others at deft's cost.
Casper Steenmets, pltt. v/s. Lodewyck Pos, deft. Defts 2^ default.
122 Court Minutes of New Amsterdam. [1653
Jacob Van Couwenhoven pltf. v/s. Luycas Eldertsen, deft. Plft., as
agent of Jan Jansen alias Black Jan, demands payment of a balance of fl.
181, according to an obligation exhibited in Court for fl. 320. Deft states^
that he has paid thereon to Black Jan, besides the 16 beavers and 2 thirds
already credited, fl. 87 : 10 more according to his book exhibited in Court
The Court decides that deft shall swear to the correctness of his book,—
that he has paid the fl. 87 : 10 together with the 16 beavers and 2 thirds on
the note of fl. 320 alone and on no other debt, for which time for considenip-
tion is given him until the next Court day.
Jacob Van Couwenhoven, pltf. v/s Thomas Hal, Curator of the
estate of Jan Damen, deceased, deft. Deft in default
Machiel Jansen, pltf. v/s Jacob Van Couwenhoven, deft. Pitt
demands payment of 70 gl. for the foddering of 2 horses on account
of Van der Donck, for which deft, is security. Deft acknowledges, that
he contracted with pltf. for the foddering of the horses of Vander Donck,
and that he became security for the payment. He is therefore condemned
to pay pltf.
Poulus Schrick, pltf. v/s Adriaen Keyser, deft. Deft, in default
Pltf. prosecuting the attachment for the sum of fl. 190 : 17 served on
Johannes Van Beeck, the Court declares it valid.
Poulus Schrick, pltf. v/s Lodewyck Pos, deft Deft in default
Pieter Van Couwenhoven, pltf. v/s Jan Martyn, deft Pltf. com-
plains that deft, had insulted him in his capacity as Schepen on the public
street, but declares that at deft's request, he has forgiven him all. Deft
says that he spoke offensively whilst in a state of intoxication on account
of being refused salt and other things, and declares that he is sorry for
having done so. Deft, is warned not to insult either Burgomasters or
Schepens any more on certain penalty.
Pieter Mallemook, pltf. v/s Jan Lerooy, deft. A dispute concerning
the use of land, pltf. making his plaint and claim verbally in the Dutch
language. Deft, being a Frenchman, and wholly unacquainted with the
Dutch language, delivered his claim in writing. Whereupon it is ordered
that pltf. also shall deliver in his action in writing at the next Court day.
Jacob Steendam, pltf. v/s Jacob Clomp, deft Both in default.
Jan Lourensen Appel, agent of Hendrick Vander Voorst, pltf. v/s
Matewes d' Vos, deft Pltf. demands, that deft render account, proof
1^53] Court Minutes of New Amsterdam. 123
and balance of a certain stock of goods to the amount of 1709 gl. which
he took with him from Fatherland, as more fully appears by the declara-
tion and demand made in writing. Deft, was, at his request, granted copy
of the demand, and is ordered to answer thereto in writing at the next
Court day.
Joost Teunisen, baker, pltf. v/s Auke Jansen, deft. Deft, in default.
Francoys Fyn, deft in convention, and pltf. in reconvention, ads.*
Johannes Withart, delivers into Court his written rejoinder in convention
and replication in reconvention, whereupon is apostilled : This is placed
in the hands of party to answer thereto.
Joost Teunisen, baker, appeared in Court, requesting that the sen-
tence obtained against Lubbert Gysbertsen on the 18% August last, may
be put in execution. Apostilled : On application of pltf., the Officer is
hereby authorized to execute the same.
The Court having examined the papers and award of the Commis-
sioners appointed in the matter of Francoys Rombout and Jan Visser,
pltfs. v/s Adriaen Blommaert, deft., it is decreed and the pef! Francoys
Rombout and Jan Visser are ordered to present their claim by specifica-
tion, at the next Court day, as the Commissioners have left the same to
the decision of the Court.
On this date 2 different petitions were presented to the Court for
permission to proceed to Patria in the ships now lying ready to sail.
Which petitions are returned to the parties without any order, as they
are contrary to the generally adopted resolution.
City Hall Monday, October 20, 1653.
Present — Messrs. Arent Van Hattem, Marten Krigier, Poulus Leend*
Vandie Grift, Pieter Couwenhoven, Willem Beeckman, with Mr. Comelis
Van Tienhoven.
Jan Lourensen Appel, plft. v/s Matheus d' Vos, deft. Pltf. appeared ac-
cording to order and delivered in his documents, and . . . Defts \^. default.
Jan Schepmoes, pltf. v/s Dirck Van Nes, deft. Defts. i default.
Comelis Albertsen, pltf. v/s Willem Jansen, deft. Default.
Casper Steynmets, pltf. v/s Lodewyck Pos, deft. Deft, in default.
Joost Teunisen, baker, pltf. v/s Hendrick Hendricksen, tailor, deft.
Pltf. in default.
^ See Supra p. 116.
1 24 Court Minutes of New Amsterdam. [1653
Joost Teunisen, baker, pltf. v/s Auken Jansen, deft Pltf. in
default.
Jan Peeck, pltf. v/s Joost Goderis, deft., demands payment of
fl. 16 : 8. Deft, confesses to owe Jonatan Francen some money, and
offers to pay pltf. provided the note he signed be delivered up, and with-
drawn by him, or endorsed by pltf. The Court decide, that this must be
done or the deft, is not under obligation to pay him.
Comelis de Potter, pltf. v/s Thomas Stevenson, deft. Deft answers
in writing. Pltf. persists in his demand and former conclusion, and
requests the appointment of Commissioners from the Board, to investi-
gate the whole matter. The Court authorizes Arent Van Hatten, Poulus
Leendersen, and Comelis Van Tienhoven, Schout, to investigate the mat*
ter and get the parties to agree.
Jacob Strycker, pltf. v/s Adriaen Keyser, deft Deft in default
In a case of attachment served on Mons' Van Beeck which pltf. prose-
cutes ; the attachment is declared valid on account of contumacy.
Isaac Kip, pltf. v/s Janneken Juryaens, deft., demands payment of
fl. 34. Deft confesses the debt. Is condemned to pay within six weeks.
Daniel Litschoe, pltf. v/s Pieter Comelisen, carpenter, deft Defts.
I default.
Mr. Harck, pltf. v/s Claes Terhaer, deft., demands payment Parties
having been heard, deft, is ordered to pay within 24 hours or else to be
imprisoned.
Hendrick Egbertsen, pltf. v/s Albert Jansen, deft. Defts. i default
Marten Ottersen, pltf. v/s Michiel Paulisen, deft., demands payment
of fl. 203. Deft's wife appears, confesses the debt, and is given time to
pay until the first of May, A**. 1654.
Teunis Kraey, pltf. v/s Andries Kuyper, deft, demands fl. 18 : 10.
Deft, confesses the debt, and is ordered to pay the demanded sum within
one month from date.
Auken Jansen, pltf. v/s Hendrick Tamboer [drummer], deft, for
payment of seven guilders. Parties being heard, deft, is condemned to pay.
City Hall, October 27.
Present — The Burgomasters and Schepens together with C. V. Tien*
hoven.
«653] Court Minutes of New Amsterdam. 125
Joost Teunisen, baker, pitf. v/s Hendrick Hendricksen, tailor, deft.
Pltf. appearing demands payment of fl. 79 : 14 for bread delivered for
deft's family. Deft confesses the debt, and requests that what he must
have from pltf. for work, may be allowed him. The Court, having heard
the demand, answer and acknowledgement, do condemn deft, to pay pltf.
the aforesaid sum, provided that deft, shall deduct whatever he can prove
to pltf. is justly due him, and that within one month from date.
Joost Teunisen, baker, pltf. v/s Auken Jansen, deft., demands pay-
ment of fl. 35 : 15. Deft, confesses the debt. Burgomasters and Sche-
pens therefore order him to pay within one month.
Comelis Van Tienhoven, Receiver of the Company's Revenues, pltf.
v/s Gerrit Jansen Cuyper, deft. Pltf. demands payment of what is due
him in the aforesaid quality, by deft, amounting to fl. 95 : 8 in beavers
through an error in account and offers, if deft, declare on oath, that he
paid more than 35 beavers in kind to Aryaen Van Tienhoven, and that
he had paid the duty and customs of the ship J^JIuys Breda^ he, pltf.,
will then freely give deft, a discharge, or in case deft, refuse, he will make
oath. Burgomasters and Schepens having heard parties, order deft, to
make oath, or in case of refusal to deposit the beavers with the Magis-
tracy, which he shall not be permitted to lift under security, but they
shall remain until the appearance or order of his brother.
Jacob Van Couwenhoven, pltf. v/s Luycas Eldertsen, deft. Defts.
3*! default. Pltf. demands payment of the sum of fl. 181, according to
note shown to the Court, and whereas deft, has not appeared according
to order of the 29^ September last, and has not made oath, notwithstand-
ing three different citations, therefore deft, is on account of his contum-
acy condemned to pay pltfs. demand with the costs of suit.
Comelis Albertsen, pltf. v/s Willem Jansen, deft. Deft, in default.
Jan Lourensen Appel, pltf., v/s Matheus d'Vos, deft Pltf. having
given his replication in writing, ordered that copy be furnished deft.
Pieter Comelisen Vander Veen, as administrator of the General Part-
ners of the " Liefde** pltf. v/s Comelis d* Potter, deft. Ordered that
pltf. shall reduce his case and plaint to writing, that deft may answer it
in writing.
Comelis Albertsen, pltf. v/s Willem Jansen, deft., demands repay*
ment of expenses incurred in looking for his boat, which was taken away
1 26 Court Minutes of New Amsterdam. [1653
by deft, without his consent and knowledge ; being reckoned up in Court,
amount to fl. i8 : lo. The Court having heard parties, condemn deft, to
pay pltf. the sum of fl. i6 for his disbursements and loss.
Jan Hutsen, pltf. v/s Adriaen Keyser, deft. Defts i default
Gerrit Jansen Cuyper, deposits 4 whole beavers, and 12 small ones
reckoned for thirds — This 3 Nov. A" 1653.
City Hall, Tuesday, November 11, 1653.
Present — Burgomasters Messrs. Arent Van Hattem and Marten
Krigier. Schepens Poulus Leendersen Vandie Grift, Pieter Wolfersen
Van Couwenhoven and Willem Beeckman.
Some of the principal burghers and inhabitants of this City having
been legally summoned by their Worships, the following appeared :
Johannes Van Beeck Dirck Schelluyne
Pieter Kock Hendrick Kip
Jan Schepmoes Lambert Huybertsen Mol
Jan Jansen, Cooper Pieter Comelisen Van Veen
Pieter Caspersen Van Naerden Abraham La Nooy
Claes Bordingh Jan Lourensen Appel
Francoys Fyn Govert Loockermans
Jan Jansen de Jongh Johannes Pietersen Verbnigge
Jacob Steendam Daniel Litschoe
Coenraet Ten Eyck Jacob Van Couwenhoven and
Hans Kiersteede Olaf Stevensen
Isaac de Foreest.
The Burgomasters and Schepens aforesaid propose, as they hereto-
fore applied to the Commonalty that they would please to devise some
means, whereby the public expenditures may be paid, and what was neces-
sary might be maintained, whereto they have received for answer :
If the Director General would suffer the excise to be paid into the
treasury of the Burgomasters and Schepens for the benefit of the City,
that then they are ready in all fairness to contribute. Therefore Burgo-
masters and Schepens aforesaid declare that they have procured and
obtained from the Director General, that from this time forth all the ex-
cise of beer and wines shall be paid into the treasury of the Burgomasters
and Schepens of this City and employed for the public good, from which
1^53] Court Minutes of New Amsterdam. 127
source in the first place, no ready money is on hand, though very much
needed at this perilous time, wherefore some general taxes and means
must be provided. Their Worships of the Court aforesaid therefore ask
the said Commonalty, if they will please to submit to such ordinances
and measures as shall be enacted and adopted by them for the support of
this City ? To which they unanimously answered : Yes, and promise to
obey the Burgomasters and Schepens in all things as good subjects are
bound to do ; which they affirm by their signatures. Done as above.
New Amsterdam in New Netherland.
(Signed) Hendrick Hendricksen Kip, Jan J. Schepmoes, Govert
Loockermans, Lambert Huybertsen Mol, Francoys Fyn, Jan Lourensen
Appel, Jacob Van Couwenhoven, Isaac d' Foreest, Jacob Steendam, Jan
Jansen d' Jongh, Coenraet Ten Eyck, Pieter Kock, D. Van Schelluyne,
Johannes d' Pejrster, Pieter Comelis Vander Veen, Abraham de La Nooy,
Johannes Van Beeck, Pieter Caspersen, Claes Bordingh, Mark T of Jan
the Cooper, Johannes P. Verbrugge.
On this date a petition is presented to the Board of Burgomasters
and Schepens signed by certain Burghers and Inhabitants praying that a
Burgher Schout may be chosen and qualified and that the Company's
Fiscal may no longer trouble himself as Schout about Citizens' cases.
City Hall, Wednesday, November 19, 1653.
Present — Arent Van Hattem, Marten Krigier, Poulus Leendersen
Vandie Grift, Pieter Wolfersen, & Willem Beeckman.
Whereas the Hon^* Director General on the 1 1 November last past
did after some conversation verbally consent to the Burgomaster and
Schepens of this City, who were sent for by his Honor that the excise of
beer and wines, which is paid at the Hon^ Company's Counting-house,
shall be paid from the first of November, into the Treasury of the Burgo-
masters and Schepens for the benefit of this City : whereof they have not
received any Act,
Therefore at the Session of Burgomasters and Schepens on the 19
November it is unanimously resolved, for reasons them thereunto mov-
ing, to apply verbally to the Director General for a proper grant thereof,
and in case of refusal, to request their dismissal, which shall be requested
by Burgomaster Marten Krigier and Schepen Poulus Leendersen Vandie
128 Court Minutes of New Amsterdam. [1653
Grift, now sent for by his Honor, before they give any advice in his
Honor's Council and at the same time to inquire, whether any letters have
come from Patria from the Hon^* Company for the Burgomasters and
Schepens.
The Worshi Marten Krigier and Poulus Leendersen appeared again
at the session of the Burgomasters and Schepens and reported, that they
had been to the Director General in his Honor's Council and that his
Honor declared that he had not received any letters out of Holland from
the Company or from others for their Worships of the Court ; and an-
swered them, that he grants them the excise of the beer and wines con-
sumed here (except what is exported) until the approbation of the Lords
Directors be obtained, provided that their Worships of the Court will sup-
port the two preachers, the schoolmasters and secretary ; which being
added together amount to about thirty two hundred guilders annually.
This being compared with the usual excise, we maintain will scarcely
produce so much. Wherefore their W. of the Court unanimously resolve
to go in a body to the Director General, and demand in conformity with
his promise the grant of the entire excise as received at the Company's
Counting-house, and in case of refusal, unanimously to request our dis-
missal, since it is impossible for us to continue thus any longer. Thus
done & resolved in Court at the City Hall in New Netherland this 19
November, A* 1653.
(Signed) Arent Van Hattem, Marten Elrigier, P. L. Vandie Grift,
Wilh: Beeckman, Pieter Wolfersen.
City Hall, Thursday afternoon, 20 [Nov., 1653]. Burgomasters and
Schepens again met
The Burgomasters and Schepens taking into their consideration the
answer which the Hon^ General gave them, viz : that his Honor declared
he has no power to dismiss the Burgomasters and Schepens in conformity
with their request, and that he cannot consent to grant them the excise on
any other terms than before expressed, have therefore resolved not to
abandon their offices as yet, without further reasons.
City Hall, Monday, November 24, 1653.
Present — The Burgomasters and Schepens.
Arent Van Hattem and Marten Krigier reported, that on this date
1^53] Court Minutes of New Amsterdam. 1 29
they had been summoned as Captains of the Burgher Companies by the
Hon^ General, who was highly displeased, that the Burghers had quit
watching without his knowledge ; whereupon they answered, that this
happened through want of firewood, to which his Honor replied that they
should meet in order to procure some, which the Worshi Van Hattem and
Krigier according to the previously adopted resolution, refused to do,
requesting his Honor, that Burgomasters and Schepens should proceed
by petition, which is deferred until to-morrow.
City Hall, Tuesday, November 25, 1653.
Present — Arent Van Hattem, Marten Krigier, Poulus Leendersen,
Pieter Wolfersen, and Wilh : Beeckman.
The Board aforesaid resolved to present a petition to the Hon*^*
Director General and Council as follows :
To the Hon*^* the Director General and Council of New Netherland.
The Board of Burgomasters and Schepens of this City of New Am-
sterdam with all respect represent :
Whereas the Hon"' General, on the 1 1^ Nov last did signify verbally
to this Board, that the excise of beer and wines, which is paid into the
Hon"* Company's Counting-house should from the first of November,
belong and be paid into their Board ; this their Worships of the Court of
this City aforesaid having sent for some of the principal burghers and
inhabitants thereof did submit and communicate to them ; and as there
was no ready money in the treasury, and it was much needed, their Wor-
ships of the Court did ask them, whether they were disposed to submit to
all such public taxes as we might deem necessary for the support of this
City, to which they unanimously consented, as appears by the copy thereof
hereunto annexed : And whereas up to this date, we have received no
grant of the excise notwithstanding we have at dififerent times applied for
it to the Hon"* Director General and Council, therefore we do again request
due act of the entire excise of beer and wines as it is paid into the Hon"*
Company's Counting-house (excepting what is sent to Fort Orange) the
rather, as we informed the Commonalty of this and by the failure thereof,
we shall be regarded by every one with contempt and censure ; and in
case, through refusal hereof any mischief may hereafter arise (which God
forbid) their Worships of the Court aforesaid declare themselves guiltless
TOI« I.— 9
I30 Court Minutes of New Amsterdam. [1655
in the matter, and at the same time declare, that they cannot go on with-
out money and will be compelled to their sorrow to see before their eyes
all the constructed works go to ruin and everything run to waste. We
request herein a suitable apostil and act. Thus done in the Court of
Burgomasters and Schepens aforesaid at New Amsterdam in New Netfa*
erland this 25^ November, 1653.
(Signed) Arent Van Hattem, Martin Krigier, P. L. Vandie Grift;
Wilh : Beeckman, Pieter Wolfersen.
Apostil made on the petition presented to the meeting of the Hon^
Director General and Supreme Council by the Burgomasters and Schepens
of this City New Amsterdam in New Netherland dated 25^. November 1653,
The Director General and Council adhere to their verbal promise on
the proposition and reciprocal promise and engagement of the Burgo-
masters and Schepens of this City made on the 11^ instant, to wit, that
the Director General provisionally, and on the ratification of the Hon*!*
PatrooDS, cedes and grants to the Burgomasters and Schepens the usual
excise on the wine and beer to be consumed within this City of New
Amsterdam, provided that the Burgomasters and Schepens furnish accord-
ing to their promise and instruction, subsidies for the maintenance of the
works of this City and its ecclesiastical and civil servants, and the granted
excise, after the manner of Fatherland, shall be publicly farmed out to the
highest bidder. Dated as above. Beneath was : Agrees with the Origi-
nal, and signed Cornelis Van Ruyven, Secretary.
Whereas the Director General and Council of New Netherland have
consented, that the excise of beer and wine shall be paid to and received
at the Treasury of the Burgomasters and Schepens of this City New
Amsterdam, therefore Burgomasters and Schepens of this City aforesaid
do hereby make known to all Tapsters, Innkeepers and Inhabitants, who
intend to lay in any wines or beer, that from this time forth they must
apply to Jacob Kip as Receiver by us thereunto authorized, for their
necessary excise permit, for which they shall pay down the usual excise
on obtaining the permit, and be bound to apply for said excise permit
from two to four of the clock in the afternoon, during which time the
Receiver will be in attendance at his house ; and beyond that time ac-
cording to the custom of Old Amsterdam, he shall not be bound to issue
any excise permit. Done in Court the 25 November, 1653,
i^ssl Court Minutes of New Amsterdam. 13'
Whereas, on complaints received for some time concerning some
privateers or pirates, certain persons have been appointed by the Supreme
Council and by the outlying villages and hamlets to examine thereinto
and by a collective vote to come to such resolution for preventing the
same, as the public peace may require, therefore the Burgomasters and
Schepens of this City of New Amsterdam, by a plurality of votes, have
commissioned out of their Board Burgomaster Marten Krigier and
Schepen Poulus Leendersen Vandie Grift, who are hereby authorized, in
connection with other Commissioners to adopt such resolutions and enact
such orders in this regard as they shall consider necessary. Thus done
at the Meeting in the City Hall in New Netherland this 25 November,
1653.
City Hall, Saturday, November 29, 1653.
Present — Arent Van Hattem, Marten Krigier, Poulus Leendersen,
Fieter Wolfersen and Wilh : Beeckman.
Marten Crigier and Poulus Leendersen Van die Grift, who were ap-
pointed Commissioners on the part of the Burgomasters and Schepens
for the purpose of devising with other Delegates some measures in regard
to the piracies, report verbally and in writing to the Board what has been
done in that Assembly. Therefore it is resolved to present the following
petition to the Hon*^" Director General and the Supreme Council.
To the Hon*^* Director General and Supreme Council of New Netherland :
The Burgomasters and Schepens of this City of New Amsterdam with
all due reverence represent :
Whereas our Commissioners Marten Crigier and Poulus Leendersen
Vandie Grift have reported to our Board, that the Assembly of Delegates
from your Honors and the respective English Towns on the 27^ of the
present month, have resolved (for reasons verbally submitted to you),
that on the 10^ December next, some Delegates from the Dutch and from
the English villages and hamlets, shall assemble for the purpose of writ-
ing a joint letter to the Directors as Lords and Patroons of this Province
on the present state of affairs here, therefore we the Burgomasters and
Schepens aforesaid, understanding the necessity thereof, do in all friend-
ship request your Honors to delegate some persons to meet on the ap-
pointed day, and remonstrate to the Lords Mayors in such manner as
132 Court Minutes of New Amsterdam. [1655
shall be deemed necessary for the general peace and welfare of the Coun-
try. Awaiting hereupon your Honors' favorable decision. Done in
Session at New Amsterdam this 29^ November, 1653.
(Signed) Arent Van Hattem, Martin Krigier, P. L. Vandie Grift^
Wilh : Beeckman, Pieter Wolfersen.
The Hon**** Petrus Stuyvesant, pltf. v/s Thomas Adams, deft., for
payment of fl. 450 with interest thereon according to bond and the penal
sum of fl. 900 stipulated thereon. Parties having exhibited their pleas,
they agreed and stipulated in Court, that Thomas Adams shall pay the
aforesaid sum of fl. 450 with one half year's interest being 22^ gl. in Vir-
ginia, in good tobacco, at the selection of Pieter Jacobsen Marius, who is
going to that place and who shall receive the same for the Hon^ Petms
Stuyvesant at the market price there, which is according to the declara-
tion of impartial men, two stivers per pound, and Thomas Adams shall
give sufficient security here for the performance of the same. Thus done
and agreed to in Court at the City Hall in New Netherland the 29^
November, 1653.
City Hall, Monday the First of December, 165 j.
Present — Arent Van Hattem, Martin Krigier, P. L. Vandie Grift^
Wilh: Beeckman and Pieter Wolfersen.
Jan Hutsen, pltf. v/s Adriaen Keyser, deft. Both in default.
Adriaen Keyser, plft. v/s Casper Verleth, deft. Pltf. in default.
Casper Steenmets, pltf. v/s Lodewyck Pos, deft. Defts. 4.^ default
Pltf. demands, that deft, be condemned to pay to him pltf. fl. 15 : 13
according to note. The Court having seen the note signed by deft.,
condemn him on account of contumacy, to pay within 8 days from date
under pain of execution.
Adriaen Keyser, pltf. v/s Augustyn Heermans, deft. Both in default.
Adriaen Keyser, pltf. v/s Harmen d'Kuyper, deft. Both in default.
Cornelis Van Tienhoven, present.
Casper Verleth, pltf. v/s Poulus Leendersen Vandie Grift, deft. Pltf.
demands payment of fl. 155 : 16 : 8 pence together with interest thereon
since the year 1637, producing an authentic copy of a note (the original
whereof having been sent with power of attorney to Mr. Kieft cannot be
produced) executed by the deceased Pieter Cornelisen of Monnekedan^
«653] Court Minutes of New Amsterdam. 133
in favor of Dirck Corsen of Amsterdam, arising out of board-money on
the passage from Fatherland to New Netherlands which note pltf. proves
by endorsement of Dirck Corsen has been assigned to him and his
brother. Deft, as Curator of the estate of Pieter Cornelisen deceased,
contends that the copy of the note being without date and mention of any
interest, payments might have been made. The Court having heard the
declaration and answer, after mature deliberation, are of opinion that decf
Pieter Cornelisen is (as appears by a notarial authentic copy of the note
without date) indebted in the sum of fl. 155 : 16 : 8, which sum Poulus
Leendersen as Curator of the estate, is condemned to pay pltf. as soon as
the account of the estate shall have been settled and there shall be suffi-
cient funds on hand to pay it denying pltf's. further demand of damage
and interest.
Barent Jansen, pltf. v/s Luycas Eldersen, deft. Defts i default.
Jacob Vis, pltf. v/s Jacob Haey, deft. Defts i default.
Hendrick Egbertsen, pltf. v/s Gysbert Vander Donck and his servant,
defts. Both in default.
Teunis Kraey, pltf. v/s Hendrick the Swede, deft. Both in default
Claes Croon, pltf. v/s Hendrick Van Dyck, deft. Both in default.
Samuel Touw, pltf. v/s William Harck, deft. Defts i default.
Samuel Touw requests that David Provoost, here present, deliver him
a copy of such affidavit as was made before him as Notary by W. Harck
and others against him. David Provoost delivered to him copy thereof
in Court.
Jan Van Leyden, pltf. v/s Egbert Van Borsum, deft. Both in
default
Lourens Duyts, pltf. v/s Claes Jansen Ruyter, deft. Deft, in default.
Jan Schryver, pltf. v/s Andries Pieters, cooper, deft Deft, in
default.
Jan Hendricksen, pltf. v/s Dirck Teunisen, Noorman, deft. Pltf.
declares that he has lost a boat, which deft finding has used without his
knowledge, and contends therefore, that he is not liable for any salvage
which deft, claims. Deft, replies, that he asked only one rix-dollar, and
declares that he has not used the boat, and did not know that the pltf. had
it in his charge. Parties being heard, the Court condemns pltf. to pay
deft one rix-dollar for salvage, etc.
134 Court Minutes of New Amsterdam. [1653
Elsie Hendricx, pltf. v/s Jacobus Backer, deft. Pltf. declares, that
she purchased of deft, a half barrel of soap, and had sent, the pay-
ment for it being 2 beavers by her child ; demands delivery of the
soap according to purchase and payment, or offers to prove it sub-
ject to costs. Deft, declares, that he is ignorant of having received the
two beavers for the soap ; offers, if pltf. will declare the same under oath,
to make restitution thereof, but says that a barrel of soap is ordinarily
sold for 28 gl. Parties having been heard, pltf. is ordered to prove her
declaration.
Comelis Van Tienhoven as Schout of this City presented a certain
petitioi^, thereby praying, as Jan Gerritsen, smith, who had been placed
in custody on a charge of theft, has broken out of prison and fled, that
certain goods in his house belonging to other persons may be restored to
the owners, and the house and lot and whatever may be found therein,
sold at public vendue to the highest bidder, in order, that the injured party
may be indemnified, after having deducted what is coming by right to the
Officer and other costs.
Whereupon ordered : The Officer is hereby charged and authorised to
deliver to-morrow in presence of two of the Court to each one the goods,
that may belong to him.
On petition of Pieter Kock that he may be indemnified for the theft
committed at his house out of the goods of Jan Gerritsen, smith, it is
apostilled : This is disposed of and petitioner is to apply to the Officer.
Adriaen Vander Donck presents a petition to the Burgomasters and
Schepens to be protected as a Burgher. Which being communicated to
C. Van Tienhoven, he took it with him for the purpose of giving some
information to Burgomasters and Schepens in a day or two, when an order
can be made thereon.
On the petition presented this day by Matheusd' Vos concerning the
suit between him and Jan Appel, it is ordered : Copy hereof is granted
to party to answer thereto.
On the petition presented by Jan Lourensen Appel, pltf. ag'st Matheus
de Vos is apostilled : Parties are not and shall not be delayed in their right,
nor their cause kept dragging. When their suit is fully written up and the
requisite documents and informations furnished the Court, Burgomasters
and Schepens will administer justice according to the merits of the case^
1^53] Court Minutes of New Amsterdam. 135
and then one or two days extraordinary Courts shall be held at the cost
of the requirant. In the meantime parties shall be furnished with copy
hereof.
On the petition presented by Pieter La Febre to the Court concerning
the dispute between him and A. Vander Donck respecting Servants, is
apostilled : Burgomasters and Schepens of this City New Amsterdam order
petitioner to show by contract or proof, that he has part or ponion of the
hire of the servants, when further disposition shall be made of the case.
On the petition presented by Adriaen Van der Donck concerning the
attachment made by La Febre on the implements belonging to the serv-
ants in suit is apostilled : The attachment is declared valid. Meanwhile
requirant is permitted under sufficient security to take the folk's chests and
tools, and it is at the same time ordered, that copy hereof shall be placed
in the hands of P. La Febre to answer thereto at the next Court day.
Ambros Lonnen having petitioned Burgomasters and Schepens for a
pass to go to Virginia, Burgomasters and Schepens declare that they have
nothing to say to the petitioner ; he must therefore apply to the Hon*^
Director General.
Caspar Varleth appeals to the Supreme Council of New Netherland
from the judgment pronounced by the Court here, dated the first of
December, touching the debt of Pieter Comelisen from Monnekedam de-
ceased, fl. 155 : 16 : 8, for so much as the same has been ordered first to
be received, when the estate is settled, and also from the refusal of costs
damages and interest already incurred and sustained. Dated 4 December,
1653. (Signed) Caspar Varleth.
City Hall, Friday afternoon, December 5, 1653.
Present — Arent Van Hattem, Marten Krigier, P. L. Vandie Grift,
Wilh Beeckman and Pieter Wolfersen.
The Apostil of the Director General and Council on the petition
presented by Burgomasters and Schepens on the 29^ of November last
to assemble on the appointed day and the full debates besides on what
transpired at the Assembly of the English Delegates on the 26*^ and 27^
of November being read. It is after mature deliberation.
Resolved unanimously, that Burgomasters and Schepens shall go in a
body to the Director General, and with all respect verbally request his
n
..s* _"ourx Minutes of New Amsterdam. [1653
o-uv.. ' ''li 'M ^unHAiil Assembly may be held on the day appointed,
< . ' 'tK-auKt. JDil that some Delegates from the Dutch Towns may
...i.^. 1 'Rler that something maybe done for the welfare of the
•<^..i*. 'aiwi a» above. New Amsterdam.
-.* .(uil. Ui>oday, Decembers.
T^jxdt- Aicut Van Hattem, Marten Krigier, P. L. Vandie Grift,
«u.i%.iu !«v>.!tuuku and Picter Wolfersen.
^*.^...' VIS put', v/9 Judith Vcrleth, deft. Deft, in default. Casper
' v..^-. -'vi'ti -^^ ii^aii and called in the above case, says he knows nothing
.•vm. :, iiiU ducA not wish to trouble himself with it.
' >a Vau Luyden, pltf. v/s Egbert Van Borsuni, deft. Defts i
. 'iiivlin li' Putter, pltf. v/s Egbert Van Borsum, deft. Both in default,
'.(llski \M\ Borsum, pltf. v/s Thomas Hall, deft. Both in default
'. .•uivHa Ouyts, pltf. v/s CUes Jansen Ruyter, deft Harmen
' Vi>»>'»'i) .iii|>cui'!' aii partner of deft. Pltf. demands payment for hay
..m.imI tl J dilTerent times at f!. 60 each time making together fl. tio;
. H ill, ti l).ty he delivered in cocks 10 loads to deft, at the Vly. Deft.
I, .!>.■» UaI^i'M to have purchased hay of the pltf., but by the load @ fl. 6
... itMkI, iiiil Mays only 9^ loads were received ; therefore he contends,
■, ■-, iii'i I'ltliijed to pay for more. Burgomasters and Schepens refer
"..'k.t.i i«> IhiimaH Hall and Egbert Woutersen, who shall assume with
:., Ill t-iit Vau Lcydcn, to enquire into the matter, and do authorize the
...,., 1. iihiiiatiirH finally to adjust the matter between the parties.
( lidiUk Mftrgcn, pltf. v/s Jacob Vis, deft. Pltf. is absent, but
.,,,>, Itin ii:i|iii-Ht and demand in writing, his wife being present. Pltf.
.U >» iii>U tid^iiient, according to promise of deft, in the presence of Cap-
,.i.ii I .III IdMitiHcn, of f!. 30 in good current wampum or pieces of eight,
i,\.l imiun WW on bis departure, deft, will pay in beaver shreds, which no
t.ii.i m willing to receive as merchantable ; he therefore demands good
tui'lvlii*' '*'''" P^y* Qcf^ acknowledges to have promised to pay pltf. in
|i.t; ut Cap! Jacob, but says that he is unable to make payment in
|u f(H, tnaintaining that he must be satisfied therewith. Parties
Irnm hnrd, the Court condemn deft, to pay pltf. in eight days
fi good current payment, or in goods to pltf's satisfaction.
i6s3] Court Minutes of New Amsterdam. 137
Jacob Vis, pltf. v/s Charles Morgen, deft. To show cause for an
attachment, which is removed.
Elsie Hendricx, pltf. v/s Jacob Backer, deft. Disagreement about
the pay for, and purchase of a ^ barrel of soap. Pltf. and deft, persist in
their former declaration and answer dated the first of December ; therefore
pltf. requests, that her witnesses may be heard. Harmen the Cooper being
heard at pltf's instance in deft's presence, declares that he was lately
in the cellar of Jacob Backer's house and there saw pltf's little daughter
present to said Backer two beavers, but he does not know whether J.
Backer kept the beavers or not, as he went away. Parties and the afore-
said witness having been heard. Burgomasters and Schepens are of opinion,
as deft, does not deny, that the beavers have been presented to him by
pltfs daughter and as he refuses to declare, that he did not accept or
receive them, that therefore he shall prove at the next Court day either
that he let the beavers be taken back or that he has returned them, or
failing therein, said Jacob Backer is condemned to deliver the soap as
sold and paid for.
Willem Pietersen, pltf. v/s Lambert Huybertsen Mol, deft, de-
mands payment of five beavers for board consumed by deft's son Reyyer
Lambert according to obligation or note of hand drawn on the first of
May, 165 1, and as Reyyer Lambertsen has deceased and deft, as father
and heir of his property refuses to pay, requests, that he be condemned by
the Court to satisfy the demand. Deft, answers, that he does not know
whether his son is dead or whether he has not made payment to Aryaen
Van Tienhoven according to obligation. Burgomasters and Schepens
having heard parties, order pltf. to prove, that it is Reyyer Lambertsen's
own signature, and that the payment has not been made to Aryaen Van
Tienhoven, when deft, is condemned to satisfy pltf., etc.
Madaleen Jansen, pltf. v/s Matewis de Vos, deft., demands pay-
ment of fl. 21 : 15 for wages earned in stringing wampum for Andries
Kristman deceased, for whose estate deft, is Curator, together with pay-
ment of expenses in coming over, summoning &c. Deft, requires pltf.
to prove, that she strung the wampum for the deceased Kristman him-
self ; contends that it might indeed have been strung for other estates
in his name, and therefore he is not indebted on account of the aforesaid
estate. Burgomasters and Schepens having heard the declaration and
138 Court Minutes of New Amsterdam. [1655
answer of parties, do condemn deft, as Curator of the estate of deceased
to pay within 14 days from date pltf's demand of fl. 21 : 15 for earned
wages, denying her further demand of damage & costs.
Adriaen Keyser pltf., v/s Claes Croon, deft. Deft, in default.
Pltf . prosecutes an attachment for the sum of fl. 36 served on Job
Van Beeck, which attachment is provisionally declared valid.
Fredrick Hendricksen, pltf. v/s Poulus Leendersen Vandie Grift,
deft. Pltf. declares, that deft, had hired him to sail in his sloop for one
year certain at fl. 16 per month, payable in beavers or tobacco, and now
the winter approaching, deft, dismisses him from his service ; demands
therefore payment of the full year's wages with offer of service. Deft
denies, that he hired pltf. for one year certain and that he promised him
beavers or tobacco, but wampum with which the skipper was paid ; offers
to pay him 7^ months' wages which he earned. Parties having been
heard, pltf. is ordered at the next Court day to prove, that he had been
hired for one year or else to remain satisfied with the wages, he has
already earned.
Sybrant Jansen Galma, pltf. v/s Claes Croon, deft. Deft in default
Adriaen Keyser, pltf. v/s Augustyn Heermans, deft., demands pay-
ment of fl. 295 : 18 according to account and requests deposit of the
money in Court. Deft, says, that he has an offset account, and demands
first a balancing of accounts. Burgomasters and Schepens refer parties
to two arbitrators, to wit. Covert Loockermans and Jan Lourensen Appel
to balance accounts of the parties and if practicable to bring them to an
agreement, or otherwise to report their opinion to the Board at the next
Court day.
Comelis Van Tienhoven appeared in Court, and declares that Claes
Bordingh was examined before the Director and Council on a charge of
smuggling gunpowder and lead, and that they had provisionally confined
him in the Council Chamber ; requests Burgomasters and Schepens to
examine into the matter, and then retired.
Augustyn Heermans, pltf. v/s Adriaen Keyser, deft., demands ver-
bally and in writing payment of about 2200 gl. for goods, brought in
the ship Tabasco, partly for himself and also as agent of Capt. W:
Albertsen Blaeuvelt ; requests in like manner deposit of the money in
Court. Adriaen Keyser says, that he has deposited the money collected
'653] Court Minutes of New Amsterdam. 139
for goods sold. The Court order deft. Adriaen Keyser to prove by the
next Court day, that he has deposited the money and with whom, at which
time further disposition shall be made of the matter.
Cornelis dc Potter, pltf. v/s Egbert Van Borsum, deft. Pltf. de-
mands payment of a balance of fl. 603 : 3 on account of G. de Wys.
Deft, acknowledges the debt, but says, that pltf. has accepted an assign-
ment of fl. 340 by Willem Beeckman upon Bedloo. Pltf. accepting the
assignment made to him, says, that there is coming to him a balance of
fl. 262 : 3 ; requests that deft, be condemned to pay him immediately*
Parties having been heard by the Court, deft, is condemned to pay within
14 days the balance fl. 262 : 3, without any exception or gainsay under
the pain of execution.
Thomas Hall having been summoned by Egbert Van Borsum in the
aforesaid case (of Corfi d Potter) assumed the aforesaid judgment, as he
was indebted to that amount to Egbert Van Borsum, and according to
the judgment is bound to pay.
Jan Van Leyden, pltf. v/s Egbert Van Borsum, deft., demands pay-
ment for 2 days' labor at fl. 2^ per day together with 2 gl. 12 stiv. remun-
eration for loss of time to-day at Court and for summons. Deft, denies,
that he set pltf. at work, but he must look to Lourens Duyts for his time
or labor, with whom he had agreed to deliver the hay. Lourens Duyts^
being examined, denies, that he was bound to deliver hay and states^
that Jan Van Leyden was sought for and set at work by Egbert Van
Borsum. Parties having been heard, deft, is condemned to pay to pltf»
5 gl. for the two days' labor. Pltf's claim for time & costs is denied.
On the petition presented by Daniel Litschoe for the removal of the
Guard-house from the lot, so that he may receive his pay for the lot from
Gillis Pietersen, is apostilled : The removal of the Guard-house is already
contracted for and will be done as soon as possible.
The petition presented this day by Pieter La Febre to the Court of
Burgomasters and Schepens and the copy of the Act of Compromise made
by Adriaen Vander Donck and P. La Febre having been perused. Burgo-
masters and Schepens therefore order, that the appointed arbitrators do
in the presence of two of the Court, viz, Burgomaster Van Hattem and
Schepen Willem Beeckman, at the earliest opportunity, examine the ques-^
tion between the parties in order to settle finally their difference.
140 Court Minutes of New Amsterdam. [1655
Jan Lourensen Appel presented a certain petition concerning the suit
against De Vos, together with the deed, assignment and other writings
to establish his demand : it was thereon apostilled : This shall be com-
municated to the party and in addition an authentic copy of the required
documents this day presented in Court, shall be furnished to Matheus de
Vos.
On the petition of Joh* Withart, this day presented, wherein he prays
that since F. Fyn does not answer his written rejoinder and the reply is
according to law debarred, prompt right and justice may be administered
on his documents, it is apostilled : No copy of the rejoinder delivered by
petitioner on the 6^ October has yet been furnished to his adversary
Francoys Fyn for his use, who is therefore excusable. It is consequently
ordered, that a copy hereof and of the aforesaid rejoinder be granted to
party to answer thereto at the next Court day.
Copy.
Kind Friends : — Whereas at the Court of Burgomasters and Schepens
of this City of New Amsterdam, it has been resolved, with the knowledge
of the Director General, to summon two Delegates from each of the
adjacent towns, to wit, Amesfoort, Breuckelen and Midtwout, in order to
decide by a general vote on a letter to the Lords Mayors on the condition
of the country, therefore we hereby request the friends of the Town of N.
forthwith to appoint two Delegates, and to send them with full powers
from their constituents to-morrow, being the 9^ December, to appear here
at the City Hall. Relying whereon, we remain
Your affectionate friends
The Burgomasters and Schepens of the City of New Amsterdam.
New Amsterdam, this S^ December, 1653.
The superscription was :
To the Worthy and Particularly Dear, the Inhabitants of the Town,
viz : To Breuckelen, Amesfoort and Midtwout, each separate.
City Hall, Monday, December 22, 1653.
Present — Arent Van Hattem, Marten Krigier, Poulus Leendersen,
Vandie Grift and Willem Beeckman.
Sybrant Jansen, pltf. v/s Nicolaes Croon, deft. Both in default
Poulus Verbeeck, pltf. v/s Jochem Beeckman, deft. Both in default
^^ss] Court Minutes of New Amsterdam. 141
Joost Carelse, pltf. v/s Michiel Paulisen, deft. Both in default.
Marretie, maid of Govert Loockermans, pltf. v/s Pieter La Febre^
deft. Both in default.
Matewis de Vos, pltf. v/s Jacob de Waert, deft. Both in default.
Hendrick Van Dyck, pltf. v/s Warnaer Wessels, deft. Both in default.
Jacob Kip, pltf. v/s Judith Verleth, deft. Deft, in default. Pltf.
claims costs of suit and for long detention, which will be taken into
consideration.
C. Van Tienhoven present.
Elsie Hendricx, pltf. v/s Jacob Backer, deft. Deft, in default. Pltf.
demands, as deft, fails to prove, according to order of 8!!* December last,
that the 2 beavers, which he received for the soap, were returned, that the
rendered judgment may be put in execution. The Court having heard
the pltf's request, which consists with law and equity, do order and
authorize the Officer to levy execution either on soap or anything else ta
the satisfaction of the pltf. with costs of suit.
Cornelis Steenwyck, pltf. v/s Pieter Cornelisen Vander Veen, deft.
Deft, in default. Pltf. says that Flip Pietersen has left one hundred
beavers with deft., according to the Act thereof dated 29^ November,
1653, which he having attached, requests that the attachment may be
declared valid. The Court declares the attachment of said beavers valid
on account of contumacy.
Thomas Stevenson, pltf. v/s Cornelis de Potter, deft., demands ver-
bally and in writing, that deft, be condemned, according to award of the
Hon^** Commissioners to deliver the hay and grain coming to him at Mes-
path, and claims payment of damages for neglecting to do so. Deft, says^
that he is in negotiation with Mr. Harck to deliver the hay, which is at
Mespath for their mutual accommodation, and promised to deliver him
the grain immediately, but requests, that pltf. be present at the delivery
of the grain in order to prevent further dispute. Parties having been
heard, deft, is condemned to deliver the hay, according to contract, and
pltf. is ordered to be present at the receipt of both, but especially of
the grain ; denying his claim for damages and costs.
Thomas Schondtwart, pltf. v/s Antony Jansen, deft., says that deft.^
whose daughter he has married, refuses to give him, what he had
promised, and is therefore, according to the written demand, due him.
142 Court Minutes of New Amsterdam. [1653
Burgomasters and Schepens having heard the demand and answer con-
cerning the father's promise, refer the same to David Provoost and Hen-
drick Kip to examine into the dispute, its origin and progress, and the
same by all practicable means to settle and finally decide, and the said
arbitrators are impowered, if necessary, to associate a third person with
them, to whose award parties shall be obliged to submit without power to
institute any further suit.
Samuel Touw, pltf. v/s William Harck, deft. Pltf. complains that
deft, had defamed him first in testifying that he, pltf., had upheld the
pirates Bacxter and his associates, when he took away Jan d' Caper's sloop,
according to his rendered declaration ; secondly when he, William Harck,
was robbed by Bacxter, he Harck said, that he, pltf., was the cause
thereof : demands legal proof of the same, or in default, reparation of
character and punishment according to desert. Deft, persists in his ren-
dered declaration ; offers to prove the same. The Court orders deft to
prove his declaration within 3 weeks.
Borger Jorisen, pltf. v/s Jan Comelisen, the Zealander, deft About
pa3rment for a building, which deft, erected on the land he had hired of
pltf. also concerning some cows, let on halves. Burgomasters and Sche-
pens refer the dispute of the parties to two arbitrators, viz, Pieter Noor-
man and Jochem Calder to inspect the premises and examine the matter
and finally decide the question according to their ability.
Jacobis Vis, pltf. v/s Jacob Haey, deft. In the matter of arrest for
payment for 11 28 lbs. of tobacco for goods delivered in the year 1650,
and 79 lbs. of tobacco. Burgomasters and Schepens having seen and
examined the written demand and answer of parties, decide that as deft,
being a permanent resident and burgher, is not liable to arrest ; he is
therefore discharged from arrest, provided he appoints an attorney, to
defend the case against pltf. either in Court or elsewhere.
Adriaen Keyser, pltf. v/s Jacob Van Couwenhoven, deft Both in
default.
Egbert Gerritsen, Skipper of Jacob Van Couwenhoven 's sloop, sum-
moned by Fredrick Hendricksen, appears in Court and declares that he
was present when Poulus Leendersen Vandie Grift hired the aforesaid
Fredrick Hendricksen for a year at 16 gl. per month without any stipu-
lation about pay.
«6s3] Court Minutes of New Amsterdam. 143
Coenraet Ten Eyck appearing in Court requests, that Francoys
Doutey may be ordered to deliver here at the Manhatans the hogshead of
tobacco, that is yet coming to him (about which there was heretofore a dis-
pute between him and Allard Antony). Burgomasters and Schepens have
therefore found the petitioner's request equitable and order, as they do
by these presents, the said Mr. Doudey to deliver the aforesaid tobacco
here at Manhatans to the aforesaid Coenraet Ten Eyck, without prejudice
to his suit, according to his request.
Jan the Swede appearing in Court, requests as he has been arrested
here by Michiel Paulisen, that he may be released on bail, whereupon
Wilhelm Beeckman declares, that he becomes bail for Jan the Swede, that
he will appear again on the next Court day to defend the action against
Michiel Paulisen ; petitioner is therefore released from arrest.
Resolved, that the goods in Jan the Smith's house, belonging to other
people, be delivered to-morrow in the presence of two of the Court, which
shall be made known to every one by the public crier.
This day Burgomasters and Schepens signed a note in Court for
fL 835, in favor of Comelis Steenwyck, payable one year after date, for
materials delivered to the City.
In the afternoon, the aforesaid Burgomasters and Schepens met at
the City Hall, and apostilled on the petition of Jan Lourensen Appel v/s
Matheus d Vos : Petitioner's adversary, Matheus d Vos is on this petition
presented this day to the Court ; ordered to deliver his rejoinder in writ-
ing at the next Court.
On the petition presented by Matheus de Vos deft, v/s Jan Appel, is
apostilled : Whereas copy of the papers requested by petition has been
delivered to petitioner, he is ordered to present his rejoinder at the next
session of Burgomasters and Schepens.
Whereas Pieter Kock as pltf. v/s Anna Van Vorst, deft, in the mat-
ter of marriage, on this date the 22 December, 1653, at the Court of Bur-
gomasters and Schepens, did furnish and deliver the papers in the suit,
with the request for a speedy action thereon, therefore deft., Anna Van
Vorst, is ordered by the Burgomasters and Schepens to furnish the Court
with her papers in the case by the next Court day, so as to enable them
to render judgment.
134 Court Minutes of New Amsterdam. [1655
Elsie Hendricxy pltf. v/s Jacobus Backer, deft. Pltf. declares, that
she purchased of deft, a half barrel of soap, and had sent, the pay*
ment for it being 2 beavers by her child ; demands delivery of the
soap according to purchase and payment, or offers to prove it sub-
ject to costs. Deft, declares, that he is ignorant of having received the
two beavers for the soap ; offers, if pltf. will declare the same under oath,
to make restitution thereof, but says that a barrel of soap is ordinarily
sold for 28 gl. Parties having been heard, pltf. is ordered to prove her
declaration.
Comelis Van Tienhoven as Schout of this City presented a certain
petitiol^, thereby praying, as Jan Gerritsen, smith, who had been placed
in custody on a charge of theft, has broken out of prison and fled, that
certain goods in his house belonging to other persons may be restored to
the owners, and the house and lot and whatever may be found therein^
sold at public vendue to the highest bidder, in order, that the injured party
may be indemnified, after having deducted what is coming by right to the
Ofiicer and other costs.
Whereupon ordered : The Ofiicer is hereby charged and authorized to
deliver to-morrow in presence of two of the Court to each one the goods,
that may belong to him.
On petition of Pieter Kock that he may be indemnified for the theft
committed at his house out of the goods of Jan Gerritsen, smith, it is
apostilled : This is disposed of and petitioner is to apply to the Officer.
Adriaen Vander Donck presents a petition to the Burgomasters and
Schepens to be protected as a Burgher. Which being communicated to
C. Van Tienhoven, he took it with him for the purpose of giving some
information to Burgomasters and Schepens in a day or two, when an order
can be made thereon.
On the petition presented this day by Matheusd' Vos concerning the
suit between him and Jan Appel, it is ordered : Copy hereof is granted
to party to answer thereto.
On the petition presented by Jan Lourensen Appel, pltf. ag'st Matheus
deVos is apostilled : Parties are not and shall not be delayed in their right,
nor their cause kept dragging. When their suit is fully written up and the
requisite documents and informations furnished the Court, Burgomasters
and Schepens will administer justice according to the merits of the case^
i6s3] Court Minutes of New Amsterdam. 135
and then one or two days extraordinary Courts shall be held at the cost
of the requirant In the meantime parties shall be furnished with copy
hereof.
On the petition presented by Pieter La Febre to the Court concerning
the dispute between him and A. Vander Donck respecting Servants, is
apostilled : Burgomasters and Schepens of this City New Amsterdam order
petitioner to show by contract or proof, that he has part or portion of the
hire of the servants, when further disposition shall be made of the case.
On the petition presented by Adriaen Van der Donck concerning the
attachment made by La Febre on the implements belonging to the serv-
ants in suit is apostilled : The attachment is declared valid. Meanwhile
requirant is permitted under sufficient security to take the folk's chests and
tools, and it is at the same time ordered, that copy hereof shall be placed
in the hands of P. La Febre to answer thereto at the next Court day.
Ambros Lonnen having petitioned Burgomasters atid Schepens for a
pass to go to Virginia, Burgomasters and Schepens declare that they have
nothing to say to the petitioner ; he must therefore apply to the Hon*^
Director General.
Caspar Varleth appeals to the Supreme Council of New Netherland
from the judgment pronounced by the Court here, dated the first of
December, touching the debt of Pieter Comelisen from Monnekedam de-
ceased, fl. 155 : 16 : 8, for so much as the same has been ordered first to
be received, when the estate is settled, and also from the refusal of costs
damages and interest already incurred and sustained. Dated 4 December,
1653. (Signed) Caspar Varleth.
City Hall, Friday afternoon, December 5, 1653.
Present — Arent Van Hattem, Marten Krigier, P. L. Vandie Grift,
Wilh Beeckman and Pieter Wolfersen.
The Apostil of the Director General and Council on the petition
presented by Burgomasters and Schepens on the 29*** of November last
to assemble on the appointed day and the full debates besides on what
transpired at the Assembly of the English Delegates on the 26^ and 27*^
of November being read. It is after mature deliberation.
Resolved unanimously, that Burgomasters and Schepens shall go in a
body to the Director General, and with all respect verbally request his
136 Court Minutes of New Amsterdam. [1655
Honor, that the aforesaid Assembly may be held on the day appointed,
the 10^ December, and that some Delegates from the Dutch Towns may
be invited in order that something may be done for the welfare of the
Country. Dated as above, New Amsterdam.
City Hall, Monday, December 8.
Present — Arent Van Hattem, Marten Krigier, P. L. Vandie Grift,
Wilhem Beeckman and Pieter Wolfersen.
Jacob Kip, pltf. v/s Judith Verleth, deft. Deft, in default. Casper
Verlet being at hand and called in the above case, says he knows nothing
about it, and does not wish to trouble himself with it.
Jan Van Leyden, pltf. v/s Egbert Van Borsum, deft. Defts i
default.
Cornelis d'Potter, pltf. v/s Egbert Van Borsum, deft. Both in default.
Egbert Van Borsum, pltf. v/s Thomas Hall, deft. Both in default
Lourens Duyts, pltf. v/s Claes Jansen Ruyter, deft. Harmen
Douwesen appears as partner of deft. Pltf. demands payment for hay
delivered at 2 different times at fl. 60 each time making together fl. 120 ;
of which hay he delivered in cocks 20 loads to deft, at the Vly. Deft,
acknowledges to have purchased hay of the pltf., but by the load @ fl. 6
per load, and says only g}4 loads were received ; therefore he contends,
he is not obliged to pay for more. Burgomasters and Schepens refer
parties to Thomas Hall and Egbert Woutersen, who shall assume with
them Jan Van Leyden, to enquire into the matter, and do authorize the
same as arbitrators finally to adjust the matter between the parties.
Charles Morgen, pltf. v/s Jacob Vis, deft. Pltf. is absent, but
enters his request and demand in writing, his wife being present. Pltf.
demands payment, according to promise of deft, in the presence of Cap-
tain Jan Jacobsen, of fl. 30 in good current wampum or pieces of eighty
and being now on his departure, deft, will pay in beaver shreds, which no
one is willing to receive as merchantable ; he therefore demands good
merchantable pay. Deft, acknowledges to have promised to pay pltf. in
presence of Cap! Jacob, but says that he is unable to make payment in
anything else, maintaining that he must be satisfied therewith. Parties
having been heard, the Court condemn deft, to pay pltf. in eight days
from date in good current payment, or in goods to pltf's satisfaction.
i6s3] Court Minutes of New Amsterdam. 137
Jacob Vis, pltf. v/s Charles Morgen, deft. To show cause for an
attachment, which is removed.
Elsie Hendricx, pltf. v/s Jacob Backer, deft. Disagreement about
the pay for, and purchase of a ^ barrel of soap. Pltf. and deft, persist in
their former declaration and answer dated the first of December ; therefore
pltf. requests, that her witnesses may be heard. Harmen the Cooper being
heard at pltf's instance in deft's presence, declares that he was lately
in the cellar of Jacob Backer's house and there saw pltf s little daughter
present to said Backer two beavers, but he does not know whether J.
Backer kept the beavers or not, as he went away. Parties and the afore-
said witness having been heard, Burgomasters and Schepens are of opinioui
as deft, does not deny, that the beavers have been presented to him by
pltf's daughter and as he refuses to declare, that he did not accept or
receive them, that therefore he shall prove at the next Court day either
that he let the beavers be taken back or that he has returned them^ or
failing therein, said Jacob Backer is condemned to deliver the soap as
sold and paid for.
Willem Pietersen, pltf. v/s Lambert Huybertsen Mol, deft., de-
mands payment of five beavers for board consumed by deft's son Reyyer
Lambert according to obligation or note of hand drawn on the first of
May, 165 1, and as Reyyer Lambertsen has deceased and deft, as father
and heir of his property refuses to pay, requests, that he be condemned by
the Court to satisfy the demand. Deft, answers, that he does not know
whether his son is dead or whether he has not made payment to Aryaen
Van Tienhoven according to obligation. Burgomasters and Schepens
having heard parties, order pltf. to prove, that it is Reyyer Lambertsen's
own signature, and that the payment has not been made to Aryaen Van
Tienhoven, when deft, is condemned to satisfy pltf., etc.
Madaleen Jansen, pltf. v/s Matewis de Vos, deft., demands pay-
ment of fi. 21 : 15 for wages earned in stringing wampum for Andries
Kristman deceased, for whose estate deft, is Curator, together with pay-
ment of expenses in coming over, summoning &c. Deft, requires pltf.
to prove, that she strung the wampum for the deceased Kristman him-
self ; contends that it might indeed have been strung for other estates
in his name, and therefore he is not indebted on account of the aforesaid
estate. Burgomasters and Schepens having heard the declaration and
138 Court Minutes of New Amsterdam. [1653
answer of parties, do condemn deft, as Curator of the estate of deceased
to pay within 14 days from date pltf's demand of fi. 21 : 15 for earned
wages, denying her further demand of damage & costs.
Adriaen Keyser pltf., v/s Claes Croon, deft. Deft, in default.
Pltf . prosecutes an attachment for the sum of fi. 36 served on Job
Van Beeck, which attachment is provisionally declared valid.
Fredrick Hendricksen, pltf. v/s Poulus Leendersen Vandie Grift,
deft. Pltf. declares, that deft, had hired him to sail in his sloop for one
year certain at fi. 16 per month, payable in beavers or tobacco, and now
the winter approaching, deft, dismisses him from his service ; demands
therefore payment of the full year's wages with offer of service. Deft,
denies, that he hired pltf. for one year certain and that he promised him
beavers or tobacco, but wampum with which the skipper was paid ; offers
to pay him 7^ months' wages which he earned. Parties having been
heard, pltf. is ordered at the next Court day to prove, that he had been
hired for one year or else to remain satisfied with the wages, he has
already earned.
Sybrant Jansen Galma, pltf. v/s Claes Croon, deft. Deft in default.
Adriaen Keyser, pltf. v/s Augustyn Heermans, deft., demands pay-
ment of fi. 295 : 18 according to account and requests deposit of the
money in Court. Deft, says, that he has an offset account, and demands
first a balancing of accounts. Burgomasters and Schepens refer parties
to two arbitrators, to wit. Covert Loockermans and Jan Lourensen Appel
to balance accounts of the parties and if practicable to bring them to an
agreement, or otherwise to report their opinion to the Board at the next
Court day.
Comelis Van Tienhoven appeared in Court, and declares that Claes
Bordingh was examined before the Director and Council on a charge of
smuggling gunpowder and lead, and that they had provisionally confined
him in the Council Chamber ; requests Burgomasters and Schepens to
examine into the matter, and then retired.
August)m Heermans, pltf. v/s Adriaen Keyser, deft., demands ver-
bally and in writing payment of about 2200 gl. for goods, brought in
the ship Tabasco, partly for himself and also as agent of Capt. W :
Albertsen Blaeuvelt ; requests in like manner deposit of the money in
Court. Adriaen Keyser says, that he has deposited the money collected
^^53] Court Minutes of New Amsterdam. 139
for goods sold. The Court order deft. Adriaen Keyser to prove by the
next Court day, that he has deposited the money and with whom, at which
time further disposition shall be made of the matter.
Cornells de Potter, pltf. v/s £gbert Van Borsum, deft. Pltf. de-
mands payment of a balance of fl. 602 : 3 on account of G. de Wys.
Deft, acknowledges the debt, but says, that pltf. has accepted an assign-
ment of ft. 340 by Willem Beeckman upon Bedloo. Pltf. accepting the
assignment made to him, says, that there is coming to him a balance of
fl. 262 : 3 ; requests that deft, be condemned to pay him immediately^
Parties having been heard by the Court, deft, is condemned to pay within
14 days the balance fl. 262 : 3, without any exception or gainsay under
the pain of execution.
Thomas Hall having been summoned by Egbert Van Borsum in the
aforesaid case (of Corfi d Potter) assumed the aforesaid judgment, as he
was indebted to that amount to Egbert Van Borsum, and according ta
the judgment is bound to pay.
Jan Van Leyden, pltf. v/s Egbert Van Borsum, deft., demands pay-
ment for 2 days' labor at fl. 2^ per day together with 2 gl. 12 stiv. remun-
eration for loss of time to-day at Court and for summons. Deft denies
that he set pltf. at work, but he must look to Lourens Duyts for his time
or labor, with whom he had agreed to deliver the hay. Lourens Duyts^
being examined, denies, that he was bound to deliver hay and states^
that Jan Van Leyden was sought for and set at work by Egbert Van
Borsum. Parties having been heard, deft, is condemned to pay to pltf.
5 gl. for the two days' labor. Pltf's claim for time & costs is denied.
On the petition presented by Daniel Litschoe for the removal of the
Guard-house from the lot, so that he may receive his pay for the lot from
Gillis Pietersen, is apostilled : The removal of the Guard-house is already
contracted for and will be done as soon as possible.
The petition presented this day by Pieter La Febre to the Court of
Burgomasters and Schepens and the copy of the Act of Compromise made
by Adriaen Vander Donck and P. La Febre having been perused. Burgo-
masters and Schepens therefore order, that the appointed arbitrators do
in the presence of two of the Court, viz. Burgomaster Van Hattem and
Schepen Willem Beeckman, at the earliest opportunity, examine the ques-
tion between the parties in order to settle finally their difference.
136 Court Minutes of New Amsterdam. [1653
Honor, that the aforesaid Assembly may be held on the day appointed,
the 10*^ December, and that some Delegates from the Dutch Towns may
be invited in order that something may be done for the welfare of the
Country. Dated as above, New Amsterdam.
City Hall, Monday, December 8.
Present — Arent Van Hattem, Marten Krigier, P. L. Vandie Grift,
Wilhem Beeckman and Pieter Wolfersen.
Jacob Kip, pltf. v/s Judith Verleth, deft. Deft, in default. Casper
Verlet being at hand and called in the above case, says he knows nothing
about it, and does not wish to trouble himself with it
Jan Van Leyden, pltf. v/s Egbert Van Borsum, deft. Defts i
default.
Comelis d'Potter, pltf. v/s Egbert Van Borsum, deft. Both in default.
Egbert Van Borsum, pltf. v/s Thomas Hall, deft. Both in default
Lourens Duyts, pltf. v/s Claes Jansen Ruyter, deft Harmen
Douwesen appears as partner of deft. Pltf. demands payment for hay
delivered at 2 different times at fl. 60 each time making together fi. 120 ;
of which hay he delivered in cocks 20 loads to deft, at the Vly. Deft
acknowledges to have purchased hay of the pltf., but by the load @ fi. 6
per load, and says only 9^ loads were received ; therefore he contends,
he is not obliged to pay for more. Burgomasters and Schepens refer
parties to Thomas Hall and Egbert Woutersen, who shall assume with
them Jan Van Leyden, to enquire into the matter, and do authorize the
same as arbitrators finally to adjust the matter between the parties.
Charles Morgen, pltf. v/s Jacob Vis, deft Pltf. is absent, but
enters his request and demand in writing, his wife being present Pltf.
demands payment, according to promise of deft, in the presence of Cap-
tain Jan Jacobsen, of fi. 30 in good current wampum or pieces of eight,
and being now on his departure, deft will pay in beaver shreds, which no
one is willing to receive as merchantable ; he therefore demands good
merchantable pay. Deft, acknowledges to have promised to pay pltf. in
presence of Cap! Jacob, but says that he is unable to make payment in
anything else, maintaining that he must be satisfied therewith. Parties
having been heard, the Court condemn deft, to pay pltf. in eight days
from date in good current payment, or in goods to pltf s satisfaction.
1^53] Court Minutes of New Amsterdam. 137
Jacob Vis, pltf. v/s Charles Morgen, deft. To show cause for an
attachment, which is removed.
Elsie Hendricx, pltf. v/s Jacob Backer, deft. Disagreement about
the pay for, and purchase of a ^ barrel of soap. Pltf. and deft, persist in
their former declaration and answer dated the first of December ; therefore
pltf. requests, that her witnesses may be heard. Harmen the Cooper being
heard at pltf's instance in deft's presence, declares that he was lately
in the cellar of Jacob Backer's house and there saw pltf's little daughter
present to said Backer two beavers, but he does not know whether J.
Backer kept the beavers or not, as he went away. Parties and the afore-
said witness having been heard. Burgomasters and Schepens are of opinion,
as deft, does not deny, that the beavers have been presented to him by
pltf's daughter and as he refuses to declare, that he did not accept or
receive them, that therefore he shall prove at the next Court day either
that he let the beavers be taken back or that he has returned them, or
failing therein, said Jacob Backer is condemned to deliver the soap as
sold and paid for.
Willem Pietersen, pltf. v/s Lambert Huybertsen Mol, deft., de-
mands payment of live beavers for board consumed by deft's son Reyyer
Lambert according to obligation or note of hand drawn on the first of
May, 1 65 1, and as Reyyer Lambertsen has deceased and deft, as father
and heir of his property refuses to pay, requests, that he be condemned by
the Court to satisfy the demand. Deft, answers, that he does not know
whether his son is dead or whether he has not made payment to Aryaen
Van Tienhoven according to obligation. Burgomasters and Schepens
having heard parties, order pltf. to prove, that it is Reyyer Lambertsen 's
own signature, and that the payment has not been made to Aryaen Van
Tienhoven, when deft, is condemned to satisfy pltf., etc.
Madaleen Jansen, pltf. v/s Matewis de Vos, deft., demands pay-
ment of fi. 21 : 15 for wages earned in stringing wampum for Andries
Kristman deceased, for whose estate deft, is Curator, together with pay-
ment of expenses in coming over, summoning &c. Deft, requires pltf.
to prove, that she strung the wampum for the deceased Kristman him-
self ; contends that it might indeed have been strung for other estates
in his name, and therefore he is not indebted on account of the aforesaid
estate. Burgomasters and Schepens having heard the declaration and
138 Court Minutes of New Amsterdam. [1653
answer of parties, do condemn deft, as Curator of the estate of deceased
to pay within 14 days from date pltf's demand of fi. 21 : 15 for earned
wages, denying her further demand of damage & costs.
Adriaen Keyser pltf., v/s Claes Croon, deft. Deft, in default.
Pltf . prosecutes an attachment for the sum of fi. 36 served on Joh
Van Beeck, which attachment is provisionally declared valid.
Fredrick Hendricksen, pltf. v/s Poulus Leendersen Vandie Grift,
deft. Pltf. declares, that deft, had hired him to sail in his sloop for one
year certain at fi. 16 per month, payable in beavers or tobacco, and now
the winter approaching, deft, dismisses him from his service ; demands
therefore payment of the full year's wages with offer of service. Deft,
denies, that he hired pltf. for one year certain and that he promised him
beavers or tobacco, but wampum with which the skipper was paid ; offers
to pay him 7^ months' wages which he earned. Parties having been
heard, pltf. is ordered at the next Court day to prove, that he had been
hired for one year or else to remain satisfied with the wages, he has
already earned.
Sybrant Jansen Galma, pltf. v/s Claes Croon, deft. Deft in default.
Adriaen Keyser, pltf. v/s Augustyn Heermans, deft., demands pay-
ment of fl. 295 : 18 according to account and requests deposit of the
money in Court. Deft, says, that he has an offset account, and demands
first a balancing of accounts. Burgomasters and Schepens refer parties
to two arbitrators, to wit. Covert Loockermans and Jan Lourensen Appel
to balance accounts of the parties and if practicable to bring them to an
agreement, or otherwise to report their opinion to the Board at the next
Court day.
Comelis Van Tienhoven appeared in Court, and declares that Claes
Bordingh was examined before the Director and Council on a charge of
smuggling gunpowder and lead, and that they had provisionally confined
him in the Council Chamber ; requests Burgomasters and Schepens to
examine into the matter, and then retired.
Augustyn Heermans, pltf. v/s Adriaen Keyser, deft., demands ver-
bally and in writing payment of about 2200 gl. for goods, brought in
the ship Tabasco, partly for himself and also as agent of Capt. W :
Albertsen Blaeuvelt ; requests in like manner deposit of the money in
Court. Adriaen Keyser says, that he has deposited the money collected
^653] Court Minutes of New Amsterdam. 139
for goods sold. The Court order deft. Adriaen Keyser to prove by the
next Court day, that he has deposited the money and with whom, at which
time further disposition shall be made of the matter.
Cornelis de Potter, pltf. v/s £gbert Van Borsum, deft. Pltf. de-
mands payment of a balance of fl. 602 : 3 on account of G. de Wys.
Deft, acknowledges the debt, but says, that pltf. has accepted an assign-
ment of fl. 340 by Willem Beeckman upon Bedloo. Pltf. accepting the
assignment made to him, says, that there is coming to him a balance of
fl. 262 : 3 ; requests that deft, be condemned to pay him immediately.
Parties having been heard by the Court, deft, is condemned to pay within
14 days the balance fl. 262 : 3, without any exception or gainsay under
the pain of execution.
Thomas Hall having been summoned by Egbert Van Borsum in the
aforesaid case (of Corfi d Potter) assumed the aforesaid judgment, as he
was indebted to that amount to Egbert Van Borsum, and according to
the judgment is bound to pay.
Jan Van Leyden, pltf. v/s Egbert Van Borsum, deft., demands pay-
ment for 2 days' labor at fl. 2^ per day together with 2 gl. 12 stiv. remun-
eration for loss of time to-day at Court and for summons. Deft denies
that he set pltf. at work, but he must look to Lourens Duyts for his time
or labor, with whom he had agreed to deliver the hay. Lourens Duyts^
being examined, denies, that he was bound to deliver hay and states^
that Jan Van Leyden was sought for and set at work by Egbert Van
Borsum. Parties having been heard, deft, is condemned to pay to pltf.
5 gl. for the two days' labor. Pltf s claim for time & costs is denied.
On the petition presented by Daniel Litschoe for the removal of the
Guard-house from the lot, so that he may receive his pay for the lot from
Gillis Pietersen, is apostilled : The removal of the Guard-house is already
contracted for and will be done as soon as possible.
The petition presented this day by Pieter La Febre to the Court of
Burgomasters and Schepens and the copy of the Act of Compromise made
by Adriaen Vander Donck and P. La Febre having been perused, Burgo-
masters and Schepens therefore order, that the appointed arbitrators do
in the presence of two of the Court, viz. Burgomaster Van Hattem and
Schepen Willem Beeckman, at the earliest opportunity, examine the ques-
tion between the parties in order to settle finally their difference.
140 Court Minutes of New Amsterdam. [1653
Jan Lourensen Appel presented a certain petition concerning the suit
against De Vos, together with the deed, assignment and other writings
to establish his demand : it was thereon apostilled : This shall be com-
municated to the party and in addition an authentic copy of the required
documents this day presented in Court, shall be furnished to Matheus de
Vos.
On the petition of Joh* Withart, this day presented, wherein he prays
that since F. Fyn does not answer his written rejoinder and the reply is
according to law debarred, prompt right and justice may be administered
on his documents, it is apostilled : No copy of the rejoinder delivered by
petitioner on the 6^ October has yet been furnished to his adversary
Francoys Fyn for his use, who is therefore excusable. It is consequently
ordered, that a copy hereof and of the aforesaid rejoinder be granted to
party to answer thereto at the next Court day.
Copy.
Kind Friends : — Whereas at the Court of Burgomasters and Schepens
of this City of New Amsterdam, it has been resolved, with the knowledge
of the Director General, to summon two Delegates from each of the
adjacent towns, to wit, Amesfoort, Breuckelen and Midtwout, in order to
decide by a general vote on a letter to the Lords Mayors on the condition
of the country, therefore we hereby request the friends of the Town of N.
forthwith to appoint two Delegates, and to send them with full powers
from their constituents to-morrow, being the g^ December, to appear here
at the City Hall. Relying whereon, we remain
Your afifectionate friends
The Burgomasters and Schepens of the City of New Amsterdam.
New Amsterdam, this 8^ December, 1653.
The superscription was :
To the Worthy and Particularly Dear, the Inhabitants of the Town,
viz : To Breuckelen, Amesfoort and Midtwout, each separate.
City Hall, Monday, December 22, 1653.
Present — Arent Van Hattem, Marten Krigier, Poulus Leendersen,
Vandie Grift and Willem Beeckman.
Sybrant Jansen, pltf. v/s Nicolaes Croon, deft. Both in default.
Poulus Verbeeck, pltf. v/s Jochem Beeckman, deft. Both in default.
1653] Court Minutes of New Amsterdam. 14^^
Joost Carelse, pltf. v/s Michiel Paulisen, deft. Both in default.
Marretie, maid of Govert Loockermans, pltf. v/s Pieter La Febre^
deft. Both in default.
Matewis de Vos, pltf. v/s Jacob de Waert, deft. Both in default.
Hendrick Van Dyck, pltf. v/s Wamaer Wessels, deft. Both in default..
Jacob Kip, pltf. v/s Judith Verleth, deft. Deft, in default. Pltf.
claims costs of suit and for long detention, which will be taken into
consideration.
C. Van Tienhoven present.
Elsie Hendricx, pltf. v/s Jacob Backer, deft. Deft, in default. Pltf.
demands, as deft, fails to prove, according to order of 8!^ December last,^
that the 2 beavers, which he received for the soap, were returned, that the
rendered judgment may be put in execution. The Court having heard
the pltf's request, which consists with law and equity, do order and
authorize the Officer to levy execution either on soap or anything else ta
the satisfaction of the pltf. with costs of suit.
Comelis Steenwyck, pltf. v/s Pieter Cornelisen Vander Veen, deft.
Deft, in default. Pltf. says that Flip Pietersen has left one hundred
beavers with deft, according to the Act thereof dated 29!^ November,
1653, which he having attached, requests that the attachment may be
declared valid. The Court declares the attachment of said beavers valid
on account of contumacy.
Thomas Stevenson, pltf. v/s Comelis de Potter, deft., demands ver-
bally and in writing, that deft be condemned, according to award of the
Hon^ Commissioners to deliver the hay and grain coming to him at Mes-
path, and claims payment of damages for neglecting to do so. Deft says^
that he is in negotiation with Mr. Harck to deliver the hay, which is at
Mespath for their mutual accommodation, and promised to deliver him
the grain immediately, but requests, that pltf. be present at the delivery
of the grain in order to prevent further dispute. Parties having been
heard, deft is condemned to deliver the hay, according to contract, and
pltf. is ordered to be present at the receipt of both, but especially of
the grain ; denying his claim for damages and costs.
Thomas Schondtwart, pltf. v/s Antony Jansen, deft., says that deft^
whose daughter he has married, refuses to give him, what he had
promised, and is therefore, according to the written demand, due him.
142 Court Minutes of New Amsterdam. [1653
Burgomasters and Schepens having heard the demand and answer con-
cerning the father's promise, refer the same to David Provoost and Hen-
drick Kip to examine into the dispute, its origin and progress, and the
same by all practicable means to settle and finally decide, and the said
arbitrators are impowered, if necessary, to associate a third person with
them, to whose award parties shall be obliged to submit without power to
institute any further suit.
Samuel Touw, pltf. v/s William Harck, deft. Pltf. complains that
deft, had defamed him first in testifying that he, pltf., had upheld the
pirates Bacxter and his associates, when he took away Jan d' Caper's sloop,
according to his rendered declaration ; secondly when he, William Harck,
was robbed by Bacxter, he Harck said, that he, pltf., was the cause
thereof : demands legal proof of the same, or in default, reparation of
character and punishment according to desert. Deft, persists in his ren-
dered declaration ; offers to prove the same. The Court orders deft to
prove his declaration within 3 weeks.
Borger Jorisen, pltf. v/s Jan Cornelisen, the Zealander, deft About
payment for a building, which deft, erected on the land he had hired of
pltf. also concerning some cows, let on halves. Burgomasters and Sche-
pens refer the dispute of the parties to two arbitrators, viz, Pieter Noor-
man and Jochem Calder to inspect the premises and examine the matter
and finally decide the question according to their ability.
Jacobis Vis, pltf. v/s Jacob Haey, deft. In the matter of arrest for
payment for 11 28 lbs. of tobacco for goods delivered in the year 1650,
and 79 lbs. of tobacco. Burgomasters and Schepens having seen and
examined the written demand and answer of parties, decide that as deft,
being a permanent resident and burgher, is not liable to arrest ; he is
therefore discharged from arrest, provided he appoints an attorney, to
defend the case against pltf. either in Court or elsewhere.
Adriaen Keyser, pltf. v/s Jacob Van Couwenhoven, deft. Both in
default.
Egbert Gerritsen, Skipper of Jacob Van Couwenhoven 's sloop, sum-
moned by Fredrick Hendricksen, appears in Court and declares that he
was present when Poulus Leendersen Vandie Grift hired the aforesaid
Fredrick Hendricksen for a year at 16 gl. per month without any stipu-
lation about pay.
«653] Court Minutes of New Amsterdam. 143
Coenraet Ten Eyck appearing in Court requests, that Francoys
Doutey may be ordered to deliver here at the Manhatans the hogshead of
tobaccOy that is yet coming to him (about which there was heretofore a dis-
pute between him and Allard Antony). Burgomasters and Schepens have
therefore found the petitioner's request equitable and order, as they do
by these presents, the said Mr. Doudey to deliver the aforesaid tobacco
here at Manhatans to the aforesaid Coenraet Ten Eyck, without prejudice
to his suit, according to his request.
Jan the Swede appearing in Court, requests as he has been arrested
here by Michiel Paulisen, that he may be released on bail, whereupon
Wiihelm Beeckman declares, that he becomes bail for Jan the Swede, that
he will appear again on the next Court day to defend the action against
Michiel Paulisen ; petitioner is therefore released from arrest.
Resolved, that the goods in Jan the Smith's house, belonging to other
people, be delivered to-morrow in the presence of two of the Court, which
shall be made known to every one by the public crier.
This day Burgomasters and Schepens signed a note in Court for
fl. 835, in favor of Comelis Steenwyck, payable one year after date, for
materials delivered to the City.
In the afternoon, the aforesaid Burgomasters and Schepens met at
the City Hall, and apostilled on the petition of Jan Lourensen Appel v/s
Matheus d Vos : Petitioner's adversary, Matheus d Vos is on this petition
presented this day to the Court ; ordered to deliver his rejoinder in writ-
ing at the next Court.
On the petition presented by Matheus de Vos deft, v/s Jan Appel, is
apostilled : Whereas copy of the papers requested by petition has been
delivered to petitioner, he is ordered to present his rejoinder at the next
session of Burgomasters and Schepens.
Whereas Pieter Kock as pltf. v/s Anna Van Vorst, deft, in the mat-
ter of marriage, on this date the 22 December, 1653, at the Court of Bur-
gomasters and Schepens, did furnish and deliver the papers in the suit,
with the request for a speedy action thereon, therefore deft., Anna Van
Vorst, is ordered by the Burgomasters and Schepens to furnish the Court
with her papers in the case by the next Court day, so as to enable them
to render judgment.
144 Court Minutes of New Amsterdam. [1653
City Hall, Wednesday, December 24, 1653.
The Burgomasters and Schepens of this City New Amsterdam met and
resolved, to send a memorial on the part of their Board to the Hon^
Directors of the West India Company Chamber at Amsterdam, as follows :
Noble, Right Honorable, Most Wise Prudent Lords :
The interest we feel in the welfare of this Country, the prosperity of
the entire body of the Burghers, over which we are placed, and the
improvement of this City, induce us to take pen in hand at present in
order to lay before you. Right Honorable, some points which, we trust,
being well examined, will hit the mark we aim at, which is no other than
the public good ; and in this confidence, we take the liberty of sa3ring :
That on the 2*^ of February of this year 1653, the Hon"* Director
General Stuyvesant did select us as Burgomasters and Schepens of this
City of New Amsterdam, and then did give us an Instruction altogether
too contracted, too curtailed and too limited, according to the tenor of
which we are unable to govern the body of our Burghers properly and
with such order as we indeed desire.
Therefore we humbly request you. Right Honorable, to bestow on us
an Instruction not so extremely limited, but as far as possible in accord-
ance with the form of government of the renowned City of Amsterdam —
she who gave the name to this our New Amsterdam — being determined^
nevertheless, should we, or any of us, be continued in office next year^
to discharge the duties thereof with fidelity to our honor and oath, until
we shall have received from you, Right Honorable, an answer to this of
ours.
Secondly, we request that we may be allowed and granted the choice
of a person to fill the office of Schout of this City, or at least that we may
have the nomination of a double number, from which the Hon**** Director
General and his Hon"* Council may choose one. For as we have been
hitherto without a Schout, we are of opinion (with due respect) that we
have not a complete Bench of Justice. It is indeed true, that Fiscal
Tienhoven is still filling that place, but with so little satisfaction to the
body of the Burghers and with indifferent respect for us, that we cannot
comprehend, how said Tienhoven can consistently serve in the office of
Schout together with that of Fiscal ; for in his capacity as Fiscal he acts
without our knowledge against the Burghers, puts them into prison and
1653] Court Minutes of New Amsterdam. 145
again discharges them. And as regards the judgments rendered by us, they
are executed by him to the serious disparagement of our authority and
inconvenience of the Burghers of this City, who in consequence have
requested of us a change herein, as appears by copy of the accompanying
petition. It is also our desire that a separation of jurisdiction may be
made between the Fiscal of the Hon^^ West India Company and the
Schouty who will be appointed, and that it be stated how each shall exer-
cise his jurisdiction whether civil or criminal.
Thirdly, whereas after several previous discussions had between the
Hon^ Director General and ourselves concerning the excise of the wines
and beer consumed in this City, the said Director has granted us the
aforesaid excise, yet with the limitation and reserve, that the ecclesiastical
and civil officers of this place shall be supported therefrom. But since
the revenue from said excise is small and amounts to no more than the
third of the salaries and wages due said officers for their services and as
the maintenance of the City works and other wants of the City amount to
as much, as can be collected from the revenue from the excise, we humbly
request, that the aforesaid excise may be granted to us without any limit-
ation ; also that we may be authorized to levy some new imposts and
other small fees such as a small seal, etc, as we shall judge necessary for
the interest of the City and least burdensome to the Commonalty ; fur-
thermore, that we may have the farming of the Ferry from this place to
Breuckelen, in order to realize therefrom in the first place such moneys
as have been borrowed for the protection and defence of the City parily
from Merchants on notes signed by the Hon^* Director and us and all
matured in the past month of November and expended in the construction
of works and fortifications ; the aforesaid borrowed moneys and cost of
the works amounting to about the sum of nine thousand guilders, for pay-
ment of which there is no provision yet in the treasury. Likewise that
we may be authorized to verify the execution of deeds and conveyances of
houses and lots within this City, the fee simple of which is sold, as well as
of mortgages according to the custom of the city of Amsterdam and
consequently that it may please your Honors to procure for us at our
expense a City seal different from the seal of the province. And as at
this critical conjuncture of time, there is constant dread of invasion by
the hostile English, and it is therefore highly necessary to establish a good
▼OL. I. — 10
146 Court Minutes of New Amsterdam. [1653
system of defence, we request your Honors to send us a goodly quantity
of munitions of war, among them some muskets of 3I feet barrel, to be
distributed in times of need among the citizens needing them. The
measure of the barrel is fixed at 3^ feet for the reason that there is no
danger of their being sold to the Indians, as these do not require guns of
that length.
. Finally, since we in our quality have no place of our own here« but
are under the necessity of holding our sessions in a house belonging to
the Hon^** West India Company, we therefore respectfully request, that it
may please Your Honors to give us the ownership thereof either as a free
gift, in which case we are prepared to assume and pay such sums as
remain yet unpaid of the wages earned in building the aforesaid house or
else on a reasonable valuation, which shall be paid at a more convenient
time.
This is what we have thought advisable to propose to Your Honors
at this time, humbly requesting a favorable notice may be taken thereof,
in which case, we doubt not (with due respect) but this our reasonable
request will be granted, referring all nevertheless to Your Honors' discre-
tion, trusting moreover, that in your wonted wisdom, you will adopt
efficient measures for the protection of this country, which at this critical
time are altogether and in the highest degree necessary, for without that
and a well regulated civil government, it is impossible for this country
ever to grow to a permanent and prosperous state, but it will rather on
the contrary daily decay, and at last fall to the ground, which may the
Almighty (in his wise providence) avert, whom we pray to take into his
holy protection Your Honors* persons individually and collectively, and
to assist thereat with his Spirit for the prosperity not only of this country,
but also of other provinces under the government of the Hon**** West
India Company.
We remain, Right Honorable, Most Wise and Prudent Lords, Your
Honors' roost humble, most obedient and most patriotic servants,
(Signed) Arent van Hattem 1654, Marten Krigier, P. L. vandie Grift,
Wilh : Beeckman, Pieter Wolfersen.
Done, New Amsterdam in New Netherland.
David Provoost appeared in Court, and reported in the case of
Antony Jansen and Thomas Sudder, wherein he together with Hendrick
t654] Court Minutes of New Amsterdam. 147
Kip was appointed by Burgomasters & Schepens arbitrator, that they had
not been able to settle the dispute, or to reconcile the parties.
Order on the petition presented by Dirck Van Schelluyne, Notary
Public, to Burgomasters and Schepens of this City New Amsterdam on
22I December, 1653 : Burgomasters and Schepens give for answer, that
the petitioner may proceed in his case according to his order, and if he
be subjected to any molestation therein, he shall address himself to the
Burgomasters and Schepens, who will in such case protect him the same
as any other burgher.
Done at New Amsterdam this 24^ December, 1653.
City Hall, Monday, January 12, 1654.
Jacob Kip, pltf. v/s Judith Varleth, deft. Defts 3I default. Pltf.
persists in his previous demand of fl. 22 accepted for Comelis Clasen
Swits, with payment of costs incurred in the long delay of the suit &c.
and as deft, has not according to order of the 29^ of September, 1653,
appeared, to prove or verify by oath her declaration, notwithstanding
three different citations, therefore Burgomasters and Schepens of this
City do condemn deft., in consequence of her contumacy, to pay the sum
demanded by pltf. with costs of suit taxed at eight guilders, and that
within four weeks from date.
Adriaen Keyser, pltf. v/s Caspar Varleth, deft. Deft, in default.
Adriaen Keyser, pltf. v/s Jacob Leendersen, deft., demands payment
of 30 gl. 12 St. for goods delivered. Deft, acknowledges receipt of the
goods, but says pltf. has charged to him on the Company's books certain
goods, which he never received, demanding proper satisfaction therefor.
Parties having been heard, deft, is condemned to pay pltf. the aforesaid
acknowledged debt, provided pltf. render account and satisfy deft, in
regard to what deft, claims to have been overcharged in his account.
Adriaen Keyser, pltf. v/s Harmen the Cooper, deft., demands payment
of fl. 49 : 12 balance of account due him A"* 1652. Deft, admits, that there
was something due at that time, but as his wife has gone to Fatherland,
and he does not know if she has paid pltf. he requests delay until his wife's
return. Parties having been heard, deft, is condemned to pay pltf., what
he will prove to be justly due him.
Harmen the Cooper, pltf. v/s Hans Jansen, deft. Deft, in default
148 Court Minutes of New Amsterdam. [1654
Jacobus Vis, pltf. v/s Cristina Capoens, Wife of Jacob Haej, deft
Pltf. demands payment of 1128 lbs. of tobacco, according to note, and
79 lbs. ditto loaned her according to Act Deft says she is not obliged to
pay here, but in Virginia and the time is such, that she has not been able
to go thither to make the payment there ; it is therefore no fault of hers
that it has not been made. Parties are referred to Joh : Pietersen Ver-
brugge and Comelis Steenwyck as arbitrators, to settle the dispute of
parties, if practicable or otherwise to present their opinion in writing to
the Court. Deft's claim concerning the arrest, and hindrance by tAe pltf.,
is postponed until the return of deft*s husband.
Hendrick Hendricksen, tailor, pltf. v/s Claes Croon, deft., complains,
that deft sometime back took with him six panes of glass out of his house
to make them somewhat smaller so as to fit, which up to the present date,
he has not returned, whereby he suffers great inconvenience at this wintry
season ; requests that deft, be constrained to return them and set them in.
Parties having been heard, deft is condemned to set the glass within three
days from date, and in case he have any claim, he may institute his action.
Marten Krigier, pltf. v/s Dirck Nes, Agent of Dirck Clasen Boot, deft,
declares he has received an assignment from Adriaen Keyser on Dirck
Clasen Boot for fl. 144 ; requests that deft as agent be condemned to pay.
Deft admits that he is agent of Dirck Claesen Boot and that Dirck Clasen
Boot has purchased some pepper, which has not yet been fully paid for ;
but as he has no account of the payments of Dirck Clasen Boot, he
requests that proper account be first rendered. Burgomasters and Sche-
pens having heard the parties, order deft provisionally to deposit the said
fl« 144 with the Secretary ; in the meantime, Adriaen Keyser is ordered to
render deft Dirck Nes an account of Dirck Qasen Boot's share, when
further disposition shall be made of the matter.
Abraham d la Nooy, pltf. v/s Adriaen Keyser, deft Defts i default.
Thomas Schoutdart, pltf. v/s Antony Jansen, deft« persists in his
previous written demand and request, made by petition, for prompt des-
patch. Deft requests copy of pltf 's claim and demand, that he may answer
it in writing. The Court allows deft to take copy of the demand and of
all the papers given in by pltf. to answer thereto in writing at the next
Court day, and then to deliver to the Court what further claims he may
have.
i6s4] Court Minutes of New Amsterdam. 149
John Haddewey, pltf. v/s Jan Camesen, deft. Both in default
Covert LoockermanSy pltf. v/s Richard Bridnel, deft.
David Provoost appears as Attorney for deft, in a case of attachment of
a sum of fl. 90 : 15 in the hands of William Harck. Deft, exhibits a
certain petition after examination of which, the Court declares the at-
tachment valid, and deft, is ordered to appear personally at the next Court
day to give the Court further information of the matter, when something
else shall be done therein.
William Harck, pltf. v/s Jan Cool, deft. To testify to the truth.
Jan Cool declared in presence of Samuel Louw that Bacxter with 7
other men had been at the house of S. Louw on Friday night, when Jan
d' Elaper's sloop was taken away on Sunday morning. David Provoost
confirms the same declaration, which he had heard from the mouth of
Samuel Louw. ^ Henry Nuton denies the declaration made by William
Harck. Parties having been heard, William Harck requests 3 or 4 weeks,
time for the purpose of producing witnesses to prove the other point.
The Court grants parties four weeks' time then to produce further testimony
on either side.
Comelis Steenwyck, pltf. v/s Pieter Comelisen van der Veen, deft.
Defts 2I default.
Tennis Kraey, plft. v/s Andries Kuyper, deft. Deft, in default.
PltTs wife appearing, demands payment on account of which deft has
been previously summoned and that the execution may be granted ; there-
fore the Officer is ordered and authorized to proceed to execution.
Lourens Comelisen vander Wei appearing in Court requests, that he
may be allowed to sell beer and wines by the small-measure as well as
others, which request is granted, provided he pay the customary duty, and
subject himself to such Ordinances as may already have been or may
hereafter be enacted.
Whereas Matheus de Vos has on this day, the 12*!* of January 1654,
delivered into Court his written rejoinder as deft. ads. Jan Lourensen
Appel, therefore Burgomasters and Schepens do hereby order parties to
be notified by the Court Messenger to furnish and deliver into Court all
the papers in the suit, when according to the pltf s previous request, de-
cision shall be rendered at some special Court as party shall suggest.
Done as above.
ISO Court Minutes of New Amsterdam. [1654
Whereas Fredrick Hendricksen as pltf. v/s Poulus Leendersen van
die Grift in the matter of a full year's wages, has not produced sufficient
evidence and has heretofore himself endeavored not to sail with the sloops
therefore the same being taken into further consideration, it is decided,
that he must be satisfied with the wages, which he has already earned.
Lourens Cornelisen vander Wei requests by petition the office of
gunner of the artillery mounted on this City's works with a suitable
salary, whereupon it is ordered : At a more convenient time, attention
jhall be paid to the prayer of petitioner.
David Provoost delivered on this day into the Court the papers in
the suit of Anna Van Vorst, deft, ads Pieter Kock.
Whereas we the Burgomasters and Schepens of the City have ap-
pointed our Secretary Jacob Kip Receiver and Bookkeeper of the Revenues
of this City, and in the present time there is no other revenue than beer
and wine excise, therefore for the said service we have (according to the
order thereto enacted) provisionally granted him a salary of two hundred
guilders annually, commencing 25 November, 1653, on condition, that he
shall reduce to form the account of expenses incurred by this City, for
which hereafter there shall be granted him a reasonable compensation for
his extra trouble. Thus done at the meeting aforesaid at New Amster-
dam in New Netherland this 12th of January, 1654.
(Signed) Arent van Hattem, Martin Krigier, P. L. vandie Grift,
Wilh : Beeckman, Pieter Wolfersen.
City Hall, Monday, January 19, 1654.
Abraham La Nooy, pltf., v/s Adriaen Keyser, deft. Defts 2*? de-
fault. Pltf. exhibits a note executed March 20, 1652, for the payment in
July 1652, of the sum of 22 beavers, whereon there was a payment on
February 6**, 1653, of 16 beavers, so that there remains a balance of 6
beavers ; demands deposit thereof, but in case of longer delay, asks costs,
damage and interest. The Court having heard pltf's demand, consider it
to be just ; therefore condemn deft, to deposit provisionally the aforesaid
balance of 6 beavers at the Secretary's office.
Cornells Steenwyck, pltf. v/s Jacob van Curlaer, deft. Both in default.
Isaac d' Forest and Jacob Hendricksen Veervanger as Curators of
the estate of Hans Lodewycksen, pltfs v/s Dirck Nes deft.
1654] Court Minutes of New Amsterdam. 151
Whereas deft, has been made Attorney of the Widow of Hans
Loodewycksen deceased, to settle and regulate all her business here in New
Netherlands therefore pltf's request to be released from their administra-
tion, offering to render unto said attorney proper account and balance of
their administration. Deft, exhibits to the Court certain power of at-
torney executed by the widow of Hans Loodewyckse deceased assisted by
her guardian before a Notary and witnesses at Amsterdam dated the first
of May, 1653, but requests that the aforesaid pltfs appointed Curators, by
the Director General and Council shall remain in their administration
until his departure for Fatherland. Burgomasters and Schepens of this
City, having examined the aforesaid power of attorney and pltf's request,
decide that Dirck Nes, as Attorney, is obliged to assume the administration
of the estate ; therefore pltfs. are ordered in the presence of two of this
Court, viz, Martin Krigier and Poulus Leendersen van die Grift to render
proper account and reliqua of the estate to deft.
Poulus vander Beeck, pltf. v/s Nicolaes Croon, deft. Both in de-
fault.
Teunis Kraey orally requests, as he is an old burgher, that he may
have the office of City Crier, and that he may receive a commission, as he
has long filled the office. It is answered : The petitioner may proceed by
petition after the election and then his prayer will be attended to.
Jan Lourensen Appel, pltf. v/s Matheus d Vos appeared in Court and
gave in his papers relating to said suit, requesting prompt despatch. Jan
Appel is therefore asked, if he has anything to produce in addition to what
he has already delivered in. To which he answered : No, renouncing any
further production.
Matheus Vos, deft ads Jan Lourensen Appel appeared in Court and
delivered in his documents relating to the suit ; he is therefore asked, if
he had anything more to produce in his defence, than what he had already
delivered in. To which he answered : No, renouncing any further pro-
duction.
Whereas the parties Jan Lourensen Appel, pltf. and Matewis d' Vos,
deft., have handed in the papers relating to their process on either side,
and renounced any further production, Burgomasters and Schepens re-
solve to hold an Extraordinary Court thereon to-morrow for the purpose
of rendering judgment after examination of the documents.
152 Court Minutes of New Amsterdam. [1654
Johannes Withart appearing in Court, requests prompt action in the
suit betwixt him and F. Fyn. Ordered that he proceed by petition.
Thomas Southart requests that his case may be expedited. Ordered
that he shall first summon his adversary.
Claes van Elslant, junior, requests a salary as Court Messenger, and
that he may be provided in that quality with a Commission, and receive
a liberal allowance for his services rendered for about a year. Whereon
is apostilled : Attention will be had to the prayer of the petitioner at a
more convenient time.
Sjrmon Joosten prays permission to tap over at the Ferry, and to
agree with Burgomasters and Schepens concerning the excise ; which
agreement is postponed until to-morrow.
Whereas Symon Joosten has by petition to the Burgomasters and
Schepens of this City of New Amsterdam prayed permission to keep a
Tavern over at the Ferry (in place of Comelis Dircksen Hoochlant) for
the convenience of Travelers and there to retail beer and wines with the
further request, to make an agreement with Burgomasters and Schepens
respecting the yearly excise ; which request having been taken into further
consideration, they cannot for reasons refuse the prayer of the petitioner,
therefore they have granted the same and further agreed and stipulated,
that he, Symon Joosten, for the excise of beer and wines (of which he
may lay in as much as his occasion requires on taking up according to
the general order the proper permit from our Receiver) shall pay for the
first year the sum of one hundred guilders net, and pay every quarter of
a year at our counting house aforesaid twenty five guilders, which term
shall commence on the date hereof and end 20 January 1655, being one
year after date, provided that if all the wines and beer he has laid in shall
not have then been retailed, he shall be held to pay proper excise for that
separately according to custom.
Therefore Burgomasters and Schepens and Symon Joosten mutually
promise to observe and fulfill this agreement without doing or permitting
to be done any thing contrary thereto. In witness whereof, these presents
are subscribed by Burgomasters and Schepens with the Petitioner at the
City Hall in New Netherland this 20th of January, 1654.
(Signed) Symon Joosten, Arent van Hattem 1654, Martin Krigier,
P. L. vandie Grift, Wilh Beeckman, Pieter Wolfersen.
In my presence, Jacob Kip, Secretary.
1654] Court Minutes of New Amsterdam. 153
Whereas before us, Burgomasters and Schepens of this City of New
Amsterdam, a certain suit has been instituted by Jan Lourensen Appel,
pltf.y as Attorney and Agent of Hendrick Vander Voort, Merchant at
Amsterdam in Holland, as well for himself and as having the action and
assignment of his brother Arent Vander Voort, who has obtained the right
by assignment from Jaques Wastelier, Associate Merchant at Amsterdam
contra Matheus de Vos, deft., calling on him to render pltf., in his afore-
said capacity, account, proof and reliqua of certain cargoes to the amount
of fl. 1706 : 19 sent by said Jaques Wastelier in the year 1652 to deft, in
a great part along with other general goods from Fatherland to New
Netherland, and payment of the proceeds pro rata of the aforesaid capitaL
Wherein proceedings have been so far had, that parties on either side have
delivered into the Court their papers serving to the verification of their
respective declarations with renunciation of further production,
Therefore Burgomasters and Schepens of this City aforesaid, having
examined all the papers delivered in on either side, and, after mature
deliberation, considered all that related materially to the case, have con-
demned deft. Matheus de Vos, as they do hereby condemn him, to render
unto the pltf., in his quality afores^, correct account, proof and reliqua of
the aforesaid cargoes so far as said Jacob Wastelier is interested in the
capital together with the proceeds thereof. But pltf. shall, after the
rendering of account and satisfaction, allow compensation according to
contract for the administration of the aforesaid capital, and accordingly
give deft, full act of indemnity, and release him from all future demands,
so far as the said capital and proceeds are concerned ; they at the same
time condemn deft, to the costs incurred in this suit. Thus done and
adjudged at the City Hall, New Amsterdam in New Netherland, this 20'''
of January 1654. Present the Worsh* Arent van Hattem, Marten Kxigier,
Burgomasters, Poulus Leendersen van die Grift, Wilh Beeckman, and
Pieter Wolfersen van Couwenhoven, Schepens of this City New Amster-
dam.
(Signed) Arent van Hattem 1654, Martin Krigier, P. L. vandie
Grift, Wilh: Beeckman, Pieter Wolfersen.
On the 22** of January, 1654, before me Jacob Kip Secretary of this
City, New Amsterdam, appeared Matheus d'Vos and declared that he
appealed to the Supreme Council of New Netherland, from the judgment
154 Court Minutes of New Amsterdam. [1654
rendered by the Burgomasters and Schepens of this City of New Amster-
dam on the 20''' January instant, in the suit between Jan Lourensen
Appel as Attorney of Hendrick van Voort, pltf. and him the Appellant
deft, considering himself aggrieved in the execution of said judgment*
Done as above.
City Hall, Monday, January 26, 1654.
Comelis van Tienhoven as Receiver of the Company's duties, pltf.
v/s Teunis Kraey, deft., demands payment of fl. 1261 : i : i balance due
by deft, to the Hon. West India Company on settlement and note ; re-
questing that the attachment, which he has levied in this case on deft's
bouse may be declared valid provisionally. Deft, acknowledges his in-
debtedness to the Hon. Company, but says he has some offset accounts ;
requests delay till the next Court day to present his claims. After the
hearing of parties, deft's request is granted to institute his action of offset
at the next Court day ; meanwhile the attachment is provisionally declared
valid.
Uldrick Jansen, pltf. v/s Dirck Volckersen, deft. Both in default.
Harmen d'Kuyper, pltf. v/s Hans Jansen, deft. Defts 2^ default.
Hendrick Hendricksen, tailor, pltf. v/s Nicolaes Croon, deft. Deft,
in default. Pltf. appearing, requests, as deft, has not complied with the
order of the 12 of January to deliver the glass in his house, whereby
he suffers great misery in this wintry season, that he may therefore be con-
strained to do so ; which request having been found just, the Officer is
hereby charged and authorized to constrain deft to deliver the glass in
the house.
David Provoost appeared in Court and requested on the part of Anna
Van Vorst, deft, v/s Pieter Kock, as the papers in the suit have been fur-
nished to the Court, that their W. would please to render judgment or
verdict. The request having been heard, it is resolved that Commissioners
be appointed to examine the papers in the suit, or an Extraordinary Court
shall be held thereon.
David Provoost requests also, on the part of Thomas Suddert, that Bur-
gomasters and Schepens will please to make a decision in the case between
the said Suddert and Antony Jansen. And whereas D. van Schelluyne,
Attorney for Antony Jansen, has not delivered in the answer to the decla-
1654] Court Minutes of New Amsterdam. 155
ration, and the Court does not know, whether he has not appealed to the
Supreme Council from the judgment at Gravesend, it is apostilled :
Postponed until further information.
Comelis van Tienhoven in quality as Schout of this City of New
Amsterdam, appeared in Court and made ex officio complaint of the
illegal proceedings of the Court of Gravesend in setting up and affixing
the bans of matrimony betwixt Johan Van Beeck and Maria Verleth, both
of whom have their domicile in and about this City of New Amsterdam
and are not published, in accordance with correct practice of the ecclesi-
astical and civil order in this City, so that the aforesaid proceedings
greatly tend to the infringement on the good policy of our Fatherland and
the privilege and jurisdiction of this City, and prepare a way, whereby
hereafter some sons and daughters, unwilling to obey their parents and
guardians, will, contrary to their wishes, secretly go and get married in
such villages or elsewhere ; he requests, that the Court give heed here-
unto, and take such action as their W. shall judge proper, to maintain
jurisdiction and prevent unlawful marriages. Done this 26*^ of January
1654 in Court at the City Hall in New Amsterdam.
Burgomasters and Schepens of this City refer the foregoing complaint
and proposition made by Comelis van Tienhoven in quality as Schout, to
the Hon^3* Director General and Supreme Council of New Netherland.
Done this 26 January, 1654.
(Signed) Arent van Hattem 1654, Martin Krigier, P. L. vandie Grift,
Wilh : Beeckman, Pieter Wolfersen.
Adriaen Dircksen Coen requests by petition, that he may be favored
with the office of Carrier of Beer and Wine on such orders and wages as in
their Worships' discretion, shall be found proper ; on which is apostilled :
The petitioner's request shall be attended to at the earliest opportunity.
The petition of Johannes Withart, presented to the Court, that an
end may be put to the suit ags't F. Fyn, having been examined, it is re-
solved that Commissioners be appointed to examine the papers and
reconcile the parties.
Comelis Van Tienhoven presented certain judgment, obtained on
the 8** of Febmary, 1653, by P. Schrick before their Worships against
Teunis Kraey, and delivered to him, the Schout, by Daniel Litschoe as
Attorney of the aforesaid Schrick, to put it in execution, praying their W.
156 Court Minutes of New Amsterdam. [1654
to be pleased to give him authority to proceed to execution. Whereupon
is entered : The Officer is hereby ordered and authorized to proceed to
execution. The same as aforesaid regarding the judgment obtained
against George Wolsey, dated 15* of September 1653, on which is
apostilled : The Officer is hereby ordered and authorized, to put the
aforesaid judgment in execution.
Lambert Huybertsen Mol and Kees van Dort, both ship carpenters,
appeared in Court, requesting payment for making certain gun carriages,
and work on the Hon^I* Company's scow. Burgomasters and Schepens
maintain, that the petitioners be paid by the Company, since the gun car-
riages are on the Fort. Comelis van Tienhoven as Fiscal, acknowledges,
that their payment is allowed. He is therefore ordered to write out ac-
count of their claim.
Burgomasters and Schepens of this City of New Amsterdam resolve
to wait in a body on the Hon^^ General and orally to enquire (since the
time of election is at hand) if it be his Honor's pleasure, that the Burgo-
masters and Schepens nominate a double number ; what number shall go
out, and how many shall continue in office, so that the Bench may be
made complete. Done, New Amsterdam, this 26^ of January, 1654.
Burgomasters and Schepens having conferred on the above subject
with the Hon^l* General, resolved to present the following petition :
To the Right Hon"* Director General and Supreme Council of New
Netherland :
The present Burgomasters and Schepens of this City of New Am-
sterdam represent in all due reverence and submission :
Whereas the petitioners have now been one year in their aforesaid
quality in the service of this City of New Amsterdam according to the
Instruction issued by your Honors, and the election is now at hand, they
therefore most humbly request your Honors to be pleased to consent,
that the present Burgomasters and Schepens aforesaid may nominate a
double number in order that your Honors may select and confirm a single
number of Burgomasters and Schepens therefrom, so that the Bench may
thus be made complete, and that your Honors may be pleased to take
into your wise consideration, what the Burgomasters and Schepens shall
receive for their services, which being done, the same may hereafter be
levied with other moneys on the Commonalty. In the expectation of a
x6s4] Court Minutes of New Amsterdam. 157
favorable answer, we remain in the meantime your Honors' humble
servants.
(Signed) Arent van Hattem 1654, Martin Krigier, P. L. vandie Grift^
Wilb : Beeckman.
Dated this 27^ of January 1654, N. Amsterdam in N. Netherland.
APOSTIL.
New Amsterdam, January 28, A* 1654.
The Director General and Council having taken into serious consid-
eration the petition of Burgomasters and Schepens have for pregnant
reasons resolved and determined to excuse and postpone the petition
respecting the nomination and to continue the Burgomasters and Schepens
' at present in office, for the sake of peace and harmony, for the best inter-
ests of this City, and only to supply the vacant places of Schepens with
two other honest and suitable persons, whereunto for the present time are
chosen Jochem Pietersen Kuyter and Oloff Stevensen Kortlant.
As to the second request, the Director General and Council, taking
into consideration, exclusive of the trouble and anxieties of the Burgo-
masters and Schepens their loss of time and personal expenses, which the
Burgomasters and Schepens in their quality have to incur, being for the
most part persons, who must maintain their houses and families by trade
or farming or mechanical labor, grant the request, and decide that the
Burgomasters may draw and receive henceforth out of the City revenues
according to their request an honorarium of fl. 350 annually, and the
Schepens fl. 250. Done in the Assembly of the Director General and
Council of New Netherland holden in New Amsterdam, the year and day
as above.
(Signed) P. Stuyvesant.
Beneath was : By order of the Hon^35 Director and Supreme Council.
(Signed) Comelis Van Ruyven, Secretary.
City Hall, Monday p.m., February 9, 1654.
Present — Burgomasters : Messrs. Arent van Hattem and Marten Kri-
gier. Schepens : Poulus Leendersen vandie Grift, Willem Beeckman, and
Keter Wolfersen, together with the new Schepens Jochem Pf Kuyter and
Olof Stevensen, who, after friendly greeting, took their seats with the
other Schepens.
1 58 Court Minutes of New Amsterdam. [1654
At the instance of the President Arent van Hattero an order was
passed, that Jacob Steendam should deliver the cushions, made for the
Board to the Court Messenger, who brought 12 cushions into Court
Whereas Burgomasters and Schepens of this City were summoned on
this day the g^- of February, 1654, to attend the Assembly of the Director
General and Supreme Council of New Netherland, where the Hon^ Gen-
eral asked, in what manner the piracy of certain English pirates should
be stopped ? Which having been taken into consideration by Burgo'
masters and Schepens convened in Session, it is their opinion under cor-
rection, that the best means will be to station a vessel with 20 to 30 men
for a certain time at and about Minnewits Island in order thus to be able^to
keep a watch on everything. Done in Session at the City Hall this 9
Feb., 1654.
(Signed) Arent van Hattem, Martin Krigier, P. L. vandie Grift,
Wilh Beeckman, Pieter Wolfersen, Jochiem R Kuyter, OloflF Stevensen.
And it is resolved to send the foregoing advice to the Hon^* General
Estimate of Expenses.
30 men at an average of 20 gl. per month fl. 600
Add for provisions monthly :
20 skepels of flour fl. 80
32 skepels of pease fl. 128
360 lbs. of beef and pork fl. 144
Liquor and other expenses fl. 100
Amount per month fl. 1052
City Hall, Tuesday p.m. February 10, 1654.
Present — Arent van Hattem, Marten Krigier, P. L. vandie Grift,
Wilh. Beeckman, Pieter Wolfersen, Jochem P' Kuyter and OloflF Stevensen.
The Court Messenger was sent, to inform his Honor the General,
that the Burgomasters and Schepens were convened and that his Honor
according to promise could now address them.
The Hon^**- the General appeared in Court and delivered the follow-
ing answer to the proposition of the Burgomasters and Schepens, to wit :
The Director General and Council consent to the advice of Burgo-
masters and Schepens. Dated loth February, 1654. N. Amsterdam, N.
Netherland.
(Signed) P. Stuyvesant
i6s4] Court Minutes of New Amsterdam. 159
Beneath was : By order of D' Gen. and Council, Com' van Ruyven,
Secretary.
Then a calculation was made in session, how to procure means to
resist and prevent the piracy and how much it would cost ; taxing the
following places, to wit :
The Island of Manhattan for. 8 men
Hempstead 4 men
Flushing 3 men
Gravesend 3 men
Middleburgh and Mespatskil 3 men
Breuckelen, the Ferry and Walloon Quarter 4 men
Middelwout 2 men
Amesfoort 2 men
Staten Island 2 men
Poulus Hoeck i man
Beverwyck 4 men
Colony of Rensselaerswyck 4 men
In all 40 men,
whose wages and board being reckoned on an average at 40 gl. per month
amount to fl. 1600 per month.
The Hon^ General proposed, that the foregoing be communicated
to the Director General and Council, to learn their advice also in the
matter, and that then his Honor, on the first opportunity that may offer
would personally, together with i or 2 appointed from the Burgomasters and
Schepens, consult with the friends in the before mentioned places, on this
matter, so that what has been commenced with good intention may not be
ill interpreted, but brought to a good issue ; whereupon the Court ad-
journed.
Copy.
Kind Friends : Whereas on this date the loth of February, 1654, by
petition presented to our Court by Johannes van Beeck, he requests, that
his bans with Maria Varleth may be entered and be properly proclaimed
here, and we have understood, that the same Johannes van Beeck and Marya
Verleth had previously to this made proclamation of their bans through your
Court at Gravesend, which (under correction) is contrary to the style and
i6o Court Minutes of New Amsterdam. [1654
laws of our Fatherland, it is our request to your Honorable Court, in case
such a circumstance should hereafter occur, that we may be informed
thereof in order to prevent on one side and the other all improprieties,
which we on our part engage to do in like manner, especially as it is usual,
according to the custom of our Fatherland, that every one shall have three
publications at the place, where his domicile is, and then he may go and
be married wherever he pleases ; wherein we are and remain
Your afifectionate friends
(Signed) Arent van Hattem.
By order of the Burgomasters and Schepens of the City of N.
Amsterdam.
Jacob Kip, Secretary.
Done, N. Amsterdam in N. Netherland this lo February 1654.
The superscription is :
The Worsp' the Magistrates at Gravesend
City Hall, Monday February 16, 1654.
Present — Arent van Hattem, Marten Krigier, P. L. vandie Grift,
Willem Beeckman, Piet' Wolfersen and Olof Stevensen
Harmen de Kuyper, pltf. v/s Hans Jansen, deft, says, that about 2
years ago he had a sow at the house of Fredrick Lubbertsen, which deft,
has taken away from there, and killed and eat the shotes ; demands resti-
tution of the same. Deft, states, that he had missed a sow, which he
found on the premises of Fredrick Lubbertsen and took away with him ;
contends, that he has done nothing wrong, and is under no obligation to
deliver up, what is his own. Styntie Fredricx, having been heard in
Court, at the request of pltf., testifies, that about 2 years ago Harmen d
Kuyper had a sow, which was running with their hogs on their premises ;
said sow being come out of the woods with 9 shotes, Hans Jansen came
and took away the sow from her place and killed the shotes. Parties
having been heard, deft, is ordered by the next Court day to prove by
impartial testimony, that the sow and shotes belonged to him or in default
thereof to restore them.
Uldrick Jansen, pltf. v/s Dirck Volckersen, deft. Both in default
Mr. Jacob Hend*' Veervanger, pltf. v/s Nicolaes Croon, deft. Deft's
I** default.
x654l Court Minutes of New Amsterdam. i6i
Poulus Heymans, pltf. v/s Nicolaes Croon, deft. Deft, i default.
Michiel Poulisen, pltf. v/s Lourens Corfi vafi Wei, deft., says that,
he had hired his scow to deft., and before it was returned, it was carried
off, and not having been returned up to the present date claims pa3anent
of rent for the days, that elapsed and for the scow. Deft, admits, that he
had hired the scow ; says, that whilst it was lying at the shore in fair
weather, it was swept off, and up to the present date he has not been able
to ascertain, where the same was stranded ; requests, that arbitrators may
be appointed to settle the same. Parties having been heard, are accord-
ing to deft's request referred to Lambert Huybertsen Mol and Cornelia
van Dort, both ship-carpenters, as arbitrators to arrange the matter ac-
cording to their ability, with power, if necessary, to assume to them a
third person.
Larrens Comelisen vafi Wei, pltf. v/s Jan Gerritsen and Adam Ger-
ritsen, defts. Pltf. declares, that defts, being in his service, had charge
of the aforesaid scow and that through their carelessness the same had
been carried away ; claims that they ought to make good the damage.
Having heard the defts' excuse, they also were referred to the before-
named commissioners.
Jan Barentsen, pltf. v/s Pietersen Kos, deft. Deft, i default.
Dirck Volkersen, pltf. v/s Age Bru3msen, deft. For payment of a
certain lot. Parties being heard, it is ordered that pltf. shall deliver the
deed, and deft, shall then pay.
Dirck Nes, in behalf of Blauvelt's Sailors, pltf. v/s Adriaen Keyser,
venduemaster, deft. For an account and exhibition of the moneys due
the sailors from the Spanish vessel, named the Tabasco, which has been
brought in. Parties having been heard, it is ordered, that the procuration
from the sailors be delivered in, and that Adriaen Keyser render account
and exhibition of moneys to the owners.
Daniel Litschoe, as Attorney of Poulus Schrick, pltf. v/s Lourens
Comelisen vafi Wei, deft. Pltf. in said quality demands payment of
fl. 361 : 18 due according to note drawn by deft, and Aryaen Jansen jointly
and severally, bearing date 28 August, 1651. Deft, acknowledges said
note, but states that Aryaen vant Ooch is not present, and that Jacob
Stoffelsen is security for the payment on the 4 March ; which he offers to
prove. The matter is therefore postponed for proof.
TOL. I— II
1 62 Court Minutes of New Amsterdam. [1654
Daniel Litschoe, in aforesaid quality, pltf. v/s Lourens Cornelisen
vafi Wei, deft For payment of fl. 170, which deft individually owes ac-
cording to note dated 4 February, 1653. Deft admits the debt and states
that the time is not expired, as it is included in the preceding condition.
Therefore the case is put off for further proof.
Daniel Litschoe, as Attorney of Poulus Schrick, pltf. v/s Jochem
Beeckman, deft. For payment of fl. 25 according to account. Deft, con-
fesses, that he owed as much, but brings in an offset of fl. 10 for making
shoes for Poulus Schrick, so that he acknowledges to owe only 15 gl.,
promising to pay said 15 gL very soon. Parties having been heard, it is
decided that the offset brought in by deft must be allowed, and that
the balance of 15 gl. must be paid before the departure of the ships for
Fatherland.
Glaudie Mettere, pltf. v/s Antony de Lorette, deft, demands payment
of about 27 gl., having for that purpose attached certain grain ; prays
that the attachment may be declared valid. Deft, admits, that he has
some unsettled account with pltf. ; requests settlement of account and
removal of attachment Parties having been heard, they are ordered to
settle their accounts before arbitrators, and in the meantime, the attach-
ment is declared valid.
Wolfert Webber, pltf. v/s Albert Albertsen, deft, demands payment
of fl. 91 for service of his son, rendered from the first of December to
the last of November. Deft, says, pltfs son was hired for two years ; re-
quests that he shall complete his time, and then he will pay him. Pltf.
states, that deft had not properly clothed his son according to agreement,
and when told so, did not do it, but set his son free, three different times,
and Anally sent him home. Deft, denies the same. Parties having been
heard, are ordered by the next Court day to prove their declarations on
both sides, or meanwhile to settle by themselves or before arbitrators.
Maregriet Crow, widow, pltf. v/s Pieter La Febre, deft. Pltf. declares,
that deft, had hired her for two years, and upon arrival here, had dis-
charged her, and she having paid her own passage, demands payment for
her rendered services. Deft, says, that he never had any service from her,
but discharged her for bad conduct ; says that it was agreed that her
wages should commence in this country. Pltf. says the agreement was,
that the wages should commence in Holland. And as no written con*
i6s4] Court Minutes of New Amsterdam. 163
tract was made, deft is ordered (as he offers) to prove by the next Court
day, that the wages should commence here.
Samuel Louw, pltf. v/s William Harck, deft. Parties request that the
witnesses on either side here present may be examined before the Court
The Court decide and order parties, since the time has expired, and the
witnesses being English, whom they could not well understand, that their
testimony be taken before a Notary, which being taken in writing, they must
have translated into Dutch and produce the same at the next Court day.
David Provoost appeared in Court with the son-in-law of Jacob
Swart, who was sent to him, as he himself is insolvent and requests,
as the abovenamed Jacob Swart has sold to Jan the Smith, a run-
away, a certain dwelling-house, payment of which is yet due to him,
that their Worships of the Court would please to take the same into con-
sideration when convenient and that this may be provisionally noted.
The aforesaid Provoost also prays despatch in the suit of Anna Van
Vorst deft, v/s Pieter Kock. Item, in the dispute between Thomas Sud-
dart and Antony Jansen, which is postponed to the next Court.
Johannes Withart requests expedition in the case between himself
and Francoys Fyn, which is postponed to the next Court.
Luycas Dircksen, a soldier, requests by petition the privilege of re-
tailing beer and wine, promising to pay the customary excise, on which it
is apostiUed : Petitioner's request is granted, provided he pay the cus-
tomary excise of what he shall retail or have.
Adriaen Vincent, an old burgher and inhabitant, prays by petition,
that he may be favored with some occurring employment, such as carrying
beer and wine or anything else, which is deferred to another occasion.
The petition and declaration, delivered this day by Teunis Kraey as
deft v/s Fiscal Tienhoven, is postponed to another meeting.
Jacob Steendam's petition for payment of balance of the cushions
is also postponed to a future occasion.
Item, the request of Jan Pietersen for fl. 24 : 8 for sawn rails as
aforesaid
Caspar Varleth and Johannes van Beeck appeared in Court, and
prayed most earnestly, that disposal may be made of the petition and re-
monstrance concerning the marriage between said Joh van Beeck and
Mary Verlet, presented to the Burgomasters and Schepens. As the
1 64 Court Minutes of New Amsterdam, [1654
Bench is not complete, it is postponed until Thursday next, so as in the
meantime to notify the other gentlemen.
Copy.
Sir : Whereas some important cases have this day been presented in
our Court, so that it is highly necessary, that our Bench be complete, we
therefore request, that you, as a member of our Court, will be in attend-
ance here next Wednesday evening precisely being the iS**" of February
(for many cases have been on hand some time). Relying thereupon, we
remain
Your affectionate
The Burgomasters and Schepens of the City of New Amsterdam.
Signed by their order, Jacob Rip, Secretary.
Done in Court, N. Amsterdam, this i6 Feb. 1654.
The Superscription was :
The Honorable, Wise, Prudent, Mr. Jochem P' Kuyter at his Bouwery.
To the Honorable Director General and Supreme Council of New
Netherland.
Honorable Gentlemen :
At the request of Jan Lourensen Appel, we send you the papers in
the suit between the said Jan Appel, pltf. and Matheus de Vos, deft.,
whereon, after parties had renounced further production, our judgment
was given ; with the request that the said papers be sent back to us after
the case shall have been disposed of by your Honors. Whereupon
relying, we remain your Honors*
Obedient Servants
The Burgomasters and Schepens of the City of New Amsterdam.
Signed by their order, Jacob Kip, Secretary.
Done, N. Amsterdam, the 16 Feb. 1654.
City Hall, Thursday, February 19, 1654.
Johannes van Beeck appeared in Court and requested as before, that
action may be had on his petition, offering furthermore in time and on
occasion, if necessary, to affirm at all times under oath what he has
stated in his petition respecting the private conversation with the Hon^
Petrus Stuyvesant. Burgomasters and Schepens of this City having seen
and examined the petition presented to our Court on the lo^l'and i6» of
i6s4] Court Minutes of New Amsterdam. 165
February instant, regarding the bans of matrimony between Job: van
Beeck and Maria Verleth, therefore it being noted
First, Who in the beginning instituted marriage ; also what the
Apostle of the Gentiles teaches therein.
Secondly, The proper and attained ages of Johannes van Beeck and
Marya Verleth.
Thirdly, The consent of the father and mother on the daughter's
side.
Fourthly, The distance and remoteness of places between this and
our Fatherland together with the difficulty between Holland and England*
Fifthly, The danger that in such circumstances matters by long delay
might come to be disclosed between these aforesaid young people, which
would bring disgrace on both families, as well on one side as on the other.
' Tis true that our Theologians say, and that correctly, that we must
not tolerate or permit lesser sins, in order thereby to avoid greater ones.
Therefore we think (with due submission) that by a proper solemnization
of marriage (for the Apostle to the Hebrews calls the marriage-bed hon-
orable) the lesser and greater sins are prevented.
Therefore the Burgomasters and Schepens of this City are of opinion,
that the proper ecclesiastical proclamations of these aforesaid young peo-
ple ought to be made at the earliest opportunity to be followed after-
wards by their marriage. Done at the session aforesaid in the City Hall,
New Amsterdam in New Netherland this 19 February, 1654.
(Signed) Arent van Hattem 1654, Martin Klrigier, P. L. vandie Grift,
Wilh: Beeckman, Pieter Wolfersen, Jochim P' Kuyter, Oloff Stevensen.
To the Right Honorable Director General and Supreme Council of
New Netherland.
The Burgomasters and Schepens of this City with all due reverence
& respect represent :
Whereas at our session on the ro* of February last the Hon****
Director General Petrus Stuyvesant being present, certain verbal proposi-
tions were submitted for the purpose of providing some means, whereby
the robberies of certain English pirates might be resisted, which the
Hon*^ Director General at that time engaged to make known to their
Honors, the Members of the Supreme Council,
Therefore the Burgomasters and Schepens again request to be in-
1 66 Court Minutes of New Amsterdam. [1654
formed what resolutions have been adopted on this subject by the Director
General and Council as it is (with submission) our opinion, that this ought
to be prosecuted in the most speedy manner. Awaiting your apostil on
this petition, we remain your Honors' humble servants.
Signed by the president] Arent van Hattem and further by order of
the Burgomaster and Schepens of the City New Amsterdam.
Jacob Kip, Secretary.
Done in Session, New Amsterdam this 19 February, 1654.
To the Right Honorable, Director General and Supreme Council of
New Netherland.
The Burgomasters and Schepens of this City New Amsterdam, with
all due reverence and respect, represent :
Whereas they require some money to pay the debts incurred for the
construction of the works, which were found necessary, we therefore
request from your Honors a grant of authority provisionally to impose
the following duties for the benefit of this City, to wit :
1. On all imported and exported goods two per cent. On all vessels
great or small ten stivers p. last annually.
BURGHER EXCISE.
2. On each tun of strong beer, twenty stivers.
On each tun of small beer, six stivers.
On each anker of brandy, Spanish wine or distilled liquors one
guilder ten stivers.
French wine, half as much.
AD VALOREM EXCISE.
3. On such as is exported within the jurisdiction of New Netherlands
On each anker of wine, six stivers.
On each tun of beer, six stivers.
On wine & beer exported beyond the jurisdiction of New Nether-
land.
The above burgher excise, proportionally more or less.
4. And that all may be done orderly and without any fraud. Burgo-
masters and Schepens pray, that they may be permitted to appoint two
sworn Beer Carriers. Expecting hereupon your grant of authority, we
remain your Honors' humble servants.
i6s4] Court Minutes of New Amsterdam. 167
Signed as above-mentioned.
Done in Session at the City Hall in New Amsterdam, 19 February,
1654.
Whereas a suit in case of marriage has been instituted before us,
Burgomasters and Schepens of this City of New Amsterdam, between
Pieter Kock, pltf. and Anna Comelisen van Vorst, deft., we have judged
proper to send said papers under cover to your Honors, the Director Gen-
eral and Council, to obtain your Honors' decision thereon. Done at the
Session of Burgomasters and Schepens, New Amsterdam, this 19 Feb-
ruary, 1654.
Whereas a suit for a wound inflicted by a wine-glass, has been insti-
tuted between Johannes Withart and Francoys Fyn, therefore Burgomas-
ters and Schepens of this City of New Amsterdam (at the instance and
request of Johannes Withart for expediting the matter) have commissioned
and authorized, as they do hereby, the Worsh' Arent van Hattem and
Poulus Leendersen vandie Grift, at the earliest opportunity to examine
the papers, to cite parties before them, and render a decision according
to the finding of the case. Done in Session, New Amsterdam, this 19
February, 1654.
City Hall, Monday, February 23*? 1654.
Poulus Heymans, pltf. v/s Nicolaes Croon, deft. Deft, in default.
Mr. Jacob Hendricksen Veervanger, pltf. v/s Nicolaes Croon, deft.
Defts. 2^ default.
Gritie Jansen, pltf. v/s Fredrick Ellekesen, deft. Both in default.
Dirck Jansen Nes, pltf., v/s Aeltie Comelisen, wife of Pieter Come-
lisen, carpenter, deft. Pltf. wishing to institute his demand and action,
Burgomasters and Schepens decide, as he, pltf., has not yet complied with
the order of the I2*^ of January last, to deposit in the Secretary's office
for Mr. Marten Krigier certain 144 fl., that he must do this before he can
be heard, which Dirck Nes again refused to do and he went away, leaving
the business undone.
Harmen d Kuyper, pltf. v/s Hans Jansen and Hendrick PT van
Wesel in Company, defts. In a dispute about a sow and shotes. Defts.
appeared in Court and offered to declare under solemn oath, that the sow
and shotes belonged to them, producing certain reasons for the same in
1 68 Court Minutes of New Amsterdam. [1654
writing and declared, that they could produce no other proof in the case.
Parties having been heard on both sides, it is ordered, that Hans Jansen
shall provisionally retain the sow in dispute, and in the meantime, enquiry
shall be made, if there be any owner of the sow, which is still running
about the Hook, and in case no owner is found, Harmen d Kuyper shall
take possession of her as his own.
Wolfert Webber, pltf. v/s Albert Albertsen, deft. For payment of fl.
91 wages for pltf's son. Burgomasters and Schepens having heard and
examined parties verbally, together with what they had produced on
either side in writing, find that Albert Albertsen had discharged and
released the aforesaid boy, according to the testimony of Caspar Verleth
and certain admissions of Albert Albertsen himself to the Court There-
fore it is decided, that the boy is free, and deft. Albert Albertsen is con-
demned according to the last verbal agreement, to pay pltf. once for all
the sum of forty guilders barring all claims on part of pltf. or deft re-
specting the aforesaid boy. Officer Comelis Van Tienhoven is hereby
empowered and authorized to put duly in execution the judgment pro-
nounced by us, the Burgomasters and Schepens of this City of New Am-
sterdam, in conformity with the laudable custom of our Fatherland, so
that the complaints of the inhabitants may thereby be prevented. Done
in Session, New Amsterdam, this 23 February, 1654.
(Signed) Arent van Hattem, Martin Krigier, P. L. vandie Grift,
Wilh : Beekman, Pieter Wolfersen, Olof Stevensen.
Receiver Kip is ordered to pay out of the receipts from the excise the
balance of fl. 24 : 8 due to Jan Pietersen for sawing wood for the City.
Item to Jacob Steendam for the cushions and the cloth fl. 66 : 10
balance still due him, and to draw 46 gl. in beavers from P. L. vandie
Grift and the remainder from the excise.
Apostil of the Hon"' Director General and Supreme Council of New
Netherland, granted on the petition presented on the 19 February, 1654,
by the Burgomasters and Schepens to the Director General and Council.
The Director General has reported to the Council the verbal propo-
sitions submitted by the Burgomasters and Schepens at the conference
with the said Hon**** General for preventing the robberies of the English
pirates, to raise forty men at the charge of the respective colonies, villages
and hamlets, which according to estimate would cost about sixteen hun-
i6s4] Court Minutes of New Amsterdam. 169
dred guilders ; inasmuch as the moneys can be furnished with the com-
mon consent of the respective Towns, the Director General and Council
will, in virtue of their commission proceed to make the levy. Thus done
in the Assembly of the Hon**** General and Supreme Council held at New
Amsterdam in New Netherland this 23 February, A? 1654.
(Signed) P. Stuyvesant.
By order of the Hon"* Director General and Supreme Council of
New Netherland.
Comelis van Ruyven, Secretary.
Apostil made as before.
The Director General and Council do hereby consent, that the
Burgomasters and Schepens of this City may levy the required Burgher
Excise on wines, brandies, distilled liquors and beer to be consumed
within this City on the same condition and terms, as the receipt of the
Tavern Excise has heretofore been granted to them by the order of
November 25 A? 1653.
With respect to the request of two per cent on imported goods, the
10 stivers ^. last on each vessel great or small, as well as the impost of
the water excise on exported merchandise, wine and beer, the Director
General and Council deny it, as such duties concern the state in general
and not one particular city or place.
The request, to appoint two sworn Beer Carriers, is postponed for
further information how and in what manner two Beer Carriers will be
able to accommodate and serve the Burghers and how and in what man-
ner two Beer Carriers are to bring the beer from outside and how con*
vey it to persons outside the City ; also whether the outside Brewer shall
be permitted to convey his own brewed beer in his own cart, sleigh or
wagon into and out of the City. Thus done in the Assembly of the
Hon*'** Director General and Supreme Council holden at New Amsterdam
in New Netherland this 23 February, A2 1654.
(Signed) P. Stuyvesant ^***
By order of the Hon**** Director General and Supreme Council of
New Netherland.
Comelis Van Ruyven, Secretary.
City Hall, Monday, March 2".*', 1654.
Jacob Hendricksen Veervanger, as Attorney of Teunis Pietersen
ijo Court Minutes of New Amsterdam. [1654
Tempel, pltf. v/s Nicolaes Croon, deft. Defts. 3"? default. Pltf. pro-
duced a certain note bearing date 28 July 1653, drawn by deft., Nicolaes
Croon in favor of Teunis Dircksen (?) aforesaid for the sum of fl. 104.
He, pltf., in his aforesaid quality, demands, that deft, be condemned to
take up and pay the same to him, pltf., with costs of suit. Burgomasters
and Schepens of this City of New Amsterdam having seen the aforesaid
note and found, that deft, has at three different times remained in contu-
macy, and therefore is debarred from all action and pretence, do accord-
ingly condemn him on account of his contumacy, to tender and pay pltf.
the aforesaid sum according to obligation with the costs herein incurred
on pain of execution.
Daniel Litschoe, pltf. v/s Pieter Monfoort, deft. Deft, in default
Daniel Litschoe, pltf. v/s Gillis Pietersen, deft. Pltf. demands pay-
ment of fl. 216, being the second installment of the payment for certain
house and lot sold to Tryntie Scherenburgh deceased according to the
bill of sale. Deft demands delivery of the ground according to the bill
of survey mentioned in the bill of sale, and delay of payment until next
May, in order in the meantime to sell the house and lot (being now a
vacant estate) promising then to make the second and the last payment
together. Burgomasters and Schepens having considered, that -the same
belongs to the estate of a deceased person, which requires some time to
settle, decide that pltf. shall wait until the first of next May in order that
the house may be sold in the meantime, and then the second and the last
payments are to be made together, according to the bill of sale.
Evert Duyckingh, pltf. v/s Comelis Van Dort, deft, demands pay-
ment of fl. 40 for houserent. Deft, acknowledges the debt, but says»
unless he can procure pa3rment for gun-carriages he made for the Hon^
Company, or City, he will not be able to pay his debt. Burgomasters and
Schepens having heard parties, order deft, to pay pltf. within six weeks
without any exceptions.
Dirck Nes, Attorney of Jacob Clasen Boot, pltf. v/s Aeltie, Wife of
Pieter Comelisen, deft., demands payment for 3 pieces of muslin, 88 ells
long, at 20 stivers the ell sold and delivered to her by Jacob Clasen Boot
in the year 165 1, according to her own hand and signature. Deft, says,
she received only 3 pieces, 58 ells in length which she says she purchased
from Dirck Nes himself, and was delivered to her by him ; that she does
i6s4] Court Minutes of New Amsterdam. 171
not know Jacob Clasen Boot in the matter, offering to pay pltf. if he will
declare under oath, that he sold and delivered 88 ells or otherwise offers
to make oath that she bought and received only 3 pieces 58 ells. Parties
having been heard, time is given deft, until next Court day to think over
the matter, and then to establish the same by oath.
Dirck Nes, Attorney of Jacob Clasen Boot, pltf. v/s Teunis Kraey,
deft Pltf. in his aforesaid quality demands payment of fl. 151 according
to note. Deft, confesses the debt, which the note proves, and requests
delay. Burgomasters and Schepens condemn deft to pay within ten
weeks from date.
Whereas between Harmen de Kuyper, pltf. v/s Hans Jansen, deft,
a certain difference has arisen as to the ownership of a sow with shotes^
whereof there appears no sufficient proof on either side, Burgomasters
and Schepens have therefore referred it, as they do hereby, to two
arbitrators, to wit, Jan Evertsen Bout and Albert Comelisen to bring
parties to an agreement and to adjust the dispute on either side.
Grietie Jansen, pltf. v/s Fredrick EUekesen, deft., demands payment
of house-rent at the discretion of the Court. Before deft, lived in her
house, she had received from others the annual rent of 150 gl. Deft,
states, that he came into the house on the first of July last by order of
General Stuyvesant, who has promised him a house free of rent ; maintains
therefore that he owes no house-rent, especially as all the time a bill, To
Let, has been on the house. Burgomasters and Schepens having heard
parries and attended to all the particulars, decide that deft, shall pay plft.
for the rime now elapsed the sum of sixty guilders at once, and if he,
Fredrick EUeksen, intends to stay there longer, he shall make a new
agreement and contract.
Poulus Heymans, pltf. v/s. Nicolaes Croon, deft. Defts 2** default
Antony Jansen van Vees requests by petition in regard to the suit
instituted by Thomas Southart in order to avoid a tedious suit betwixt
Father and Child, that 2 or more Commissioners be appointed from the
Board to bring about a settlement, or otherwise to report and then finally
to dispose of the case ; whereon is apostilled : Burgomasters and
Schepens being informed that the petitioner has been admitted to
appeal ; decide, that being the case, he is referred to the Director General
and Council.
172 Court Minutes of New Amsterdam. [1654
The Secretary of the Director General and Supreme Council is hereby
authorized to repair to the Inferior Court of Justice of this City, and
there to communicate to the Schout, Burgomasters and Schepens,the
resolution of the Director General and Supreme Council in amplification
and further declaration of their Instruction given the 26 February, 1654,
leaving an authentic copy for their behoof.
Copy.
The Hon**'* Director General has reported to the Council, that
both the Burgomasters and the majority of the Schepens appeared before
his Honor on the 25^ instant, representing themselves aggrieved by the
Director General and Council having without their knowledge interdicted
and forbidden certain farmers' servants to ride the goose on the feast of
Bacchus at Shrove-tide for reasons the Director General and Council
thereunto moving. Besides its never having been practised here in their
time, it is moreover altogether unprofitable, unnecessary and censur-
able for subjects and neighbors to celebrate such pagan and popish
feasts and to practise such evil customs in this Country, even though they
(as Burgomasters and Schepens sustain) may be tolerated and looked at
through the fingers in some places in Fatherland. Which interdict and
prohibition was by the Court Messenger Claes van Elsland served on the
farmers' servants the day before the act, who, notwithstanding such service,
nevertheless in contempt of the supreme authority, violated the same.
Whereupon, some delinquents were legally cited and summoned before the
Director General and Council by their Fiscal to be examined and mulcted
for their contempt as may be proper. Two or three of them behaving
in an insolent and contumacious manner, threatening, cursing, deriding
and laughing at the chief magistracy in the presence and hearing of the
Director General and Council themselves, were therefore, as is customary,
committed to prison, by which Burgomasters and Schepens esteem them-
selves particularly aggrieved in their quality, because the Director General
and Council had done so without their consent and knowledge ; as if we
can issue no order or forbid no rabble to celebrate the feast of Bacchus
without the advice, knowledge and consent of Burgomasters and Schepens,
much less have power to correct such persons as transgress the Christian
and Holy Commandment, without the cognizance and consent of an
Inferior Court of Justice.
1654] Court Minutes of New Amsterdam. 1 7^
The Director General and Council appreciating their office, authority
and commission better than others, hereby notify the Burgomasters and
Schepens, that the establishing of an Inferior Court of Justice under the
name and title of Schout, Burgomasters and Schepens, or Commissaries^
does in no wise infringe on or diminish the power and authority of the
Director General and Council to enact any Ordinances or issue particular
interdicts, especially those which tend to the glory of God, the best
interests of the inhabitants, or will prevent more sins, scandals, debauch-
eries and crimes, and properly correct, fine and punish obstinate trans-
gressors. What is solely the qualification of Schout, Burgomasters and
Schepens, and for what purpose they are appointed, appear sufficiently
from the Instruction given to them, by which they have to abide and con-
form themselves, without henceforth troubling and tormenting the Director
General individually about any enacted ordinance, law or order, penalty or
punishment issued and executed against and concerning the contraveners
thereof by previous resolution of the Director General and CounciL
But the Schout, Burgomasters and Schepens, or Commissaries, being
petitioned by a subject or subjects to act as interlocutors and intercessors,^
whether for mitigation of interdict, order or punishment against this or
that, which has been examined and disposed of by the Director General
and Council, the petition of such persons being, after close investigation^
found reasonable. Burgomasters and Schepens, or Commissaries of this
City and other subaltern Courts of Justice may represent and make known
to the Director General and Council their own grievances and those of other
subjects, with accompanying reasons for the same, whereupon then, such
apostil, reconsideration and action shall be taken by the Director General
and Council as justice and the nature of the case demand. Thus done in
the Session of the Hon^ Director General and Supreme Council holden
at New Amsterdam this 26 February, 1654.
(Signed) P. Stuyvesant^^*
Beneath was : By order of the Hon"* Director General and Supreme
Council
(Signed) Comelis van Ruyven, Sec^
Secondly. Whereas Johannes van Beeck has affixed by a poster, that
his marriage, contracted not only without his father's knowledge, but con-
trary to his express prohibition to marry abroad, has been declared lawful
1 74 Court Minutes of New Amsterdam. [1654
and proper by Resolution of Burgomasters and Schepens of this City, of
which Resolution, Director General and Council are ignorant ; Therefore
we request authentic copy thereof, and at the same time written reasons,
why such Resolution has not been communicated to the Director General
and Council and their approbation thereof applied for, according to the
Instruction granted to the Inferior Court of Justice of this City.
Done N. Amsterdam this March, 2 1654.
(Signed) P. Stuyvesant
Council Chamber, Fort Amsterdam March 16 1654. Present in the
Director General's absence, Johannes La Montagne High Councillor and
the Burgomasters and Schepens of the City of New Amsterdam except
Jochem P? Kuyter.
At this Session the appointed persons, Jan Jongh, Nicolaes Bieran and
John Scot were heard and examined in the presence of Fiscal van Tien-
hoven on certain interrogatories, as more fully appears by the papers.
Whereas Gillis Jansen from , a single man, has died here the 16'* of
February last, and it being thought advisable, in the absence of heirs, that
two suitable persons be commissioned to attend to and take charge, as
Curators, of the effects left by said Gillis Jansen deceased, so that they may
be managed for the greatest advantage of the lawful heirs, and furthermore
that his credits and debts may be coUected and paid ; Therefore Bur-
gomasters and Schepens of this City of New Amsterdam have commissioned
and authorized, as they do hereby commission and authorize, the worthy
Jan Lourensen Appel and Claes C. Bordingh for that purpose, on conditioui
that they be held to render proper proof, account and reliqua of their ad-
ministration on demand to Burgomasters and Schepens or to such persons
as may be appointed by them. Done in Session at Fort Amsterdam the
16* of March, 1654.
Fort Amsterdam, Friday, March 20, 1654.
In extraordinary session.
Present — High Councillor Joh : La Montagne, Burgomasters Arent
van Hattem and Marten Krigier, Schepens Poul' Leend" van die Grift,
Pieter Wolfersen and Olof Steven sen of the City of New Amsterdam.
Mr. Isaac Allerton, pltf. v/s Herry Breser, deft. Pltf. proves by the
testimony of Jan Wodtkock, Robert Hop and Mary Cocksael, widow,
i6s4] Court Minutes of New Amsterdam. 1 75
that deft. Herry Breser had said, he, Isaac Allerton, had sold here his
provisions and inladen goods contrary to law ; whereof he demands suit-
able proof. Deft Herry Breser appearing in Court declares, that he had
never said, that Mr. Isaac Allerton had sold here any of the provisions
and goods laid in now on this voyage, much less that he has any know-
ledge of such an occurrence, rejecting one of the deponents ; all which
he subscribed with his signature in Court. (Signed) d the mark of Herry
Breser. The Hon^** Councillors aforesaid having heard the declaration of
Herry Breser, acquit him, Breser, of the slander, and Mr. Isaac Allerton's
further claim is dismissed. Thus done at the aforesaid Session in Fort
Amsterdam in New Netherland. Done as above.
Copy.
Mr. Caspar Verleth :
You are requested by the Burgomasters and Schepens of this City of
New Amsterdam to repair to the City Hall of this City aforesaid at eight
o'clock to-morrow morning the 2TSt instant with the pass, which you have
received from Jan Jongh. In so doing you will confer on us a friendship
with which we remain.
Yours affectionately
The Burgomasters and
Schepens of this City of New Amsterdam.
By their order, Jacob Kip, Secretary
Done, New Amsterdam,
this 20 March, 1654.
Copy.
On this day, the 12th of March, 1654, through the intermediation of
the Hon^ Arent van Hattem and Poulus Leendersen vandie Grift, com-
missioned hereunto by the Burgomasters and Schepens of this City,
Johannes Withart and F. Fyn came to an agreement and settlement of
the dispute between them, about an assault with a wine-glass and injuries
received at the house of Abram La Nooy, to wit : That Francois Fyn
shall pay to the behoof of the Deacons of the City of New Amsterdam,
a sum of fifty carolus guilders ; to the Secretary, for fees for writing in
the suit one beaver, and the expense of the treat at this arbitration ;
mutually promising in the presence of the arbitrators, not to molest one
another on this subject in the slightest degree, but to live as good friends
1 76 Court Minutes of New Amsterdam. [1654
ought to do, under penalty of the law thereto provided. In testimony
this has been signed on both sides and by the Hon^^* Commissioners.
Dated as above, N. Amsterdam in N. Netherland.
Which I attest Jacob Kip, Secretary
City Hall, Monday, March 23, Harman de Kuyper, pltf. v/s Hans
Jansen, deft. Deft, in default. Pltf. appearing in Court demands, as the
Burgomasters and Schepens have referred their dispute concerning a cer-
tain sow with shotes to 2 arbitrators nominated by their Honors, both of
whom are on the side of Hans Jansen, that their Worships will be pleased
to consent, that pltf. also may choose 2 arbitrators, thus to see, if their
dispute can be settled : which being found just, pltfs request is granted
to choose also two arbitrators, who, when chosen, are hereby authorized,
together with those already appointed, or such as deft, will select to settle
and arrange the difiference between parties.
Foulus Heymans, pltf. v/s Nicolaes Croon, deft. Defts. 3^ default
Pltf. produces a certain act of the first of November, 1653, whereby deft,
Nicolas Croon, acknowledges to have agreed with pltf. to prepare and de-
liver 10 common panes of glass for the sum of 70 gl., and demands, since
deft, has continued in default of delivering the panes of glaiss, whereby
pltf. suffers great cold and inconvenience, that he in conformity with his
agreement, be condemned and constrained to deliver the panes of glass,
as he has received payment thereon. Burgomasters and Schepens having
seen the aforesaid agreement, and considering that deft being summoned
three different times, remains contumacious, do condemn the said Nico-
laes Croon, in consequence of his contumacy, to deliver the engaged
panes according to agreement within 14 days from date, on pain, in case
of failure, that he, N. Croon, shall pay a fine of 25 gl. to the behoof of
the Deacons of this City.
Poulus vander Beeck, pltf. v/s Nicolaes Croon, deft Deft, in de*
fault
Poulus vander Beeck, pltf. v/s Jochem Beeckman, deft. Defts i*
default.
Mary G. Loockerman's Maid, pltf. v/s P. La Febre, deft. Both in
default. Willem Beeckman present.
Roelof Jansen, pltf. v/s Jan Gerritsen, deft Deft's i** default
1654] Court Minutes of New Amsterdam. 1 77
Dirck Nes, pltf. v/s Aeltie, Wife Pr. Coraelisen, deft. Deft in
default.
Willem Pietersen, pltf. v/s Hendrick Egbertsen, deft. Defts i**
default.
Gysbert van Imbroecken, pltf. v/s Lourens Cornelisen van Wei, deft
Defts. 1** default
Claes van Elslant, pltf. v/s Egbert van Borsum, deft. Dispute con*
ceming the purchase of a barrel of flour. Parties being heard on both
sides. Ordered, that pltf. produce further proof.
Fiscal Comelis van Tienhoven, having, in conformity with the order
of October 27, 1653, (concerning the beavers deposited by Gerrit de
Kuyper), produced the letters and declaration of his brother in Court, it
is decided that the Fiscal may lift the deposited beavers. Done, New
Amsterdam this 23d of March, 1654.
• Worthy Friends and Neighbors :
The Burgomasters and Schepens of the City New Amsterdam, wit-
ness with sorrow the dilapidated state of the works erected last year,
consisting of walls of earth, and palisades along the river, which were
commenced not only with great trouble, labor, loss of time and cost of
the Commonalty, but as far as exigency of the time and case required and
demanded, were finished with the aid of the good Commonalty in the
completest manner.
Therefore said Burgomasters and Schepens diligently and zealously
seek as much as in them lies to promote not only the best interests of this
City, but wish also the welfare of their Countrymen and fellow inhabit-
ants of this Province and especially of their neighbors, the Benches of
Justice and Courts of Breuckelen, Midwout and Amersfoort, from whom
the above-mentioned Burgomasters and Schepens hope and expect no-
thing else, than that their Honors as fellow members of this Province, wilt
lend their assistance in this critical conjuncture in furthering whatever
may serve for the purpose of defence.
We the Burgomasters and Schepens of the City of New Amster*
dam, relying on the discretion and good will of our Countrymen, neigh-
bors and Courts of Breuckelen, Midwout and Amesfoort, towards
the prosperity and preservation of the public interests, request in
the most friendly manner, that the Hon^^ Courts of Breuckelen, Mid-
▼OL. 1.— M
t^8 Court Minutes of New Amsterdam. [1654
wout and Amesfoort will be pleased to lend a helping hand in the
construction and repairing of the palisades required along the river. It
is our request then, that your Honors may please each in his jurisdiction
to procure and order, that every farmer or boor shall cut and deliver at
the Ferry twenty five round palisades as straight as possible, twelve feet
in length and at the least i8 @ 20 inches in thickness ; all which tends
not only to the advantage and best interest of this City alone, but in
the result and consequences to the preservation of the Country in general
Not doubting your Honors' good a£fection towards the same, we shall be
and remain
Your Affectionate
(Signed) Arent van Hattem, Martin Krigier, P. L. vandie Grift,
Wilh : Beeckman, Pieter Wolfersen, Olof Stevensen
Done in Session, N. Amsterdam, this 23 March, 1654.
Fort Amsterdam Wednesday p.m. March 25, 1654.
Present — Councillors, Joh: La Montagne, Comelis Werckhoven ;
Fiscal Cornells van Tienhoven ; Burgomaster Arent van Hattem ; Sche-
pens P. L. vandie Grift, Pieter Wolfersen and Olof Stevensen.
The said Court having seen a certain open letter, which was delivered
by Jacob van Curlaer, Pieter Symsen and James Grover (heard in Court)
dated the 25*** of March, 1654, signed in behalf of the town of Gravesend
by John Tilton, Clerk, pertaining to the election and confirmation of
Schout and Magistrates of the same, whereof the superscription reads :
To the Honorable Mr. Petrus Stuyvesant, Director General of New
Netherland ; and not to the Director and Council. Therefore
Resolved, as the Hon^** General has gone to Fort Orange and is
daily expected back, to say to the aforesaid persons that the Hon"* Coun-
cil will not do anything in the matter before the return of the General,
but said letter will be delivered to the General to be then disposed of.
City Hall, Monday, the 30*** of March, 1654.
Harmen de Kuyper, pltf. v/s Cristiaen Antony, deft. Case of attach-
ment for payment of fi. 20. Deft, confesses the debt, but says he has 10
gl. remaining with Comelis van Dort, which pltf. has consented to accept
Parties having been heard, it is decided that the 10 gl., which pltf. has
i6s4] Court Minutes of New Amsterdam. 1 79
accepted, shall avail in payment, and that the remaining fl. lo must be
paid before the arrest is removed.
Poulus Verbeeck, pltf. v/s Nicolaes Croon, deft. For failure on
part of deft, to deliver panes of glass according to agreement. Deft, offers
to put in the panes of glass as soon as he is furnished with the measure
even though it were to-morrow ; which pltf. accepts, and deft, promises
without fail to set the panes, wherewith parties are satisfied.
Nicolaes Croon is found to be indebted fl. 4:12 for his defaults,
which he promises to pay to the Secretary. Burgomasters and Schepens,
on the excuse of Nicolaes Croon, decide in regard to the judgment in
favor of P. Heymans, that the said Poulus Heymans be notified by the
Court Messenger, he must deliver to N. Croon the frames for the glass,
which he claims, or in default thereof N. Croon will be released from
complying with said judgment.
Willem Pietersen, pltf. v/s Hendrick Gerritsen, deft. Defts. 2'^ de-
fault.
Margriet, Loockermans' Maid, pltf. v/s Pieter La Febre, deft.
Pltf. in default.
Dirck Nes, pltf. v/s Aeltie, Pieter Comelisen's Wife, deft. Deft, ap-
pearing in Court and being asked, whether she had made up her mind to
declare under oath, according to the order of the 2"'* of March, that she
did not receive more than 58 ells of cotton, she produces certain reasons
of excuse to the Court, and requests the case may be kept in abeyance till
the return of pit. ; which being considered reasonable, her request is
granted.
Daniel Litschoe pltf. v/s Francoys Doudey, deft. Pltf. as Attorney
of Poulus Schrick, demands, according to note, dated the 9*^ September,
1653, payment of fl. 55 : 16^ in good leaf tobacco, payable in the spring of
1654, or when the tobacco is stripped off. Deft, denies, that it is his own
handwriting, but maintains that it is his son's hand, yet promises to pay
the same in tobacco or wampum, at such time as may be ordered by
Burgomasters and Schepens ; demanding from pltf. by reconvention, as
Attorney aforesaid, payment of what P. Schrick, as an inhabitant of
Flushing owes him Doudey as Minister, according to Articles. The
Attorney aforesaid offers to pay whatever shall be found due him, Doudey,
from Schrick as aforesaid.
iSffx Court \Gniitcs of Niew Amsterdam. [1654
BBr^ DMat ers and Srhrprrw rhrrrfuie decide that deft 9tha\\ p^y p||f ^
bis dcmaiKl between dns and the last of Aprd iirity in toboccOy or in sood
jwMnpam, and as re^prds the complaint presented to Coort by Mr. Doudey
9M^Dma»iers and Schrpmn pnnnise to spemk to the Hon*^ General to
aid; him as far as possible.
Nicolaes Terbaer, plt£ t s CflTTwiis WiDemsen, deft. Deft, in
diefanlL
Nicclacs Terhaer. pltf. v s Andries Pxetexsen^ deft^ demands pay-
ment of ti. 1 j:2 due him tor U f ciu expenses and mac^terd. Deft, admits
owiogoniyd 5 ; denies the rest. BuEgom^texs and Schepens, having heard
parties^ decree and order, diat deft, shall prcmsionally pay the fl. 5, which
he acknowledges to be doe. togerfier with aE that pltf. shall afterwards
pm^ve to be justly coming to him.
Aryam Huybcrtsen, pltf. v s David WesKis^ dxft^ declares^ that deft,
had set him at a piece af work in the village of Midtwont, bnt that Hen-
drick Gerritsen, tailor, had forbidden to work thereat any more ; demands
payment of wages he earned for 3 daysv with 2 men^ who worked at his
expense at 4 gL per day each ; amounts to 24 gL Deft admits, that he
3et him at work, but says he did not stop duoi^h any order of his * re-
(|tiests delay till the aezt Court day for the purpose of summoning the
aforesaid Hendrick Gerritsen in the matter ; whudi was granted to deft
Gysbert van Imbrocckev pltf. v/s Cornells van Tienhoven, Schout,
deft. Deft, in default, Pltf. prays by petition^ as an infant has been sent to
hifi house by the order of the Schout aforesaid (as he is informed), that he
be instructed to state on whose complaint or how the same has been made
no that he may proceed legally for the defence of his reputation, name
in4 fame, against the person, who may have made him a party, and in the
meantime, that the aforesaid infant may be removed, by order of the
Hon^ Court, out of his house until such time as the case may be
definitely disposed of. Burgomasters and Schepens having considered
»aid petition, are of opinion, that the petitioner must apply, and present
his complaint to the Schout, who can inform him of the case.
Gy»bert van Imbroecke, pltf. v/s Lourens Comelisen van Wei, deft
demands payment of the balance due him for linen sold according to note
dated 4 March 1653. Deft, acknowledges the debt, offering after adjust-
ment of accounts, to pay whatever may be found due either in good warn-
i6s4] Court Minutes of New Amsterdam. i8i
pum or goods before the departure of the ships to Fatherland to the
satisfaction of the pltf ; which pltf. accepts. Ordered that they settle
their accounts and that deft, perform his foresaid promise.
Roelof Comelisen, pltf. v/s Jan Gerritsen, deft. For the payment
of what is due him by deft, for wages jointly earned according to account
Deft. saySy he has an unsettled account ; requests that the same may be
settled before arbitrators. Burgomasters and Schepens of this City order
parties to settle their accounts before two arbitrators, viz : Matys Capito
and Matheus d Vos, who are hereby thereunto commissioned, and directed,
if practicable, to bring parties to an agreement, or otherwise to submit
their report in writing to the Board at the next Court day.
Comelis van Dort, pltf. v/s Beeltie Jacobsen and Jacob Coppen,
defts., says, that he had been fetched by Beeltie Jacobsen to inspect a
certain boat or sloop, and having examined the same found apparently
worthless, as a few planks were rotten. Then Jacob Coppen said, Cut it
up, and then left him, and when the work was finished they refused to pay
him for his labor, which amounts to the sum of fl. 65^ ; therefore prays
they may be condemned to pay him, or that the attachment levied on said
sloop may be declared valid. Defts. acknowledge pltf's. foregoing allega-
tions, but contend, that they are not bound to pay, as the sloop does not
belong to them, but that they had transacted the business for the benefit
of another. Parties having been heard, it is decreed that defts. be ordered
to remain jointly and severally securities for the payment of pltf. to be
made between this date and the first of May next, or in default thereof,
that the attachment shall be valid, and pltf. shall be released from all
damage, that may happen to the sloop after the date of these presents.
Defts. appeared again in Court, and refused to remain security for the
payment ; therefore the attachment as afores"* is declared valid.
Copy.
Worthy Friends, the Worship* Burgomasters and Schepens of the
City of New Amsterdam :
The Magistrates of the Villages Breuckelen, Midwout and Amesfoort,
having received and understood Your Worships' letter, the following shall
serve briefly for answer :
First. We acknowledge that Your Worships have, after great trouble
and labor, with the assistance of the inhabitants and persons residing in
i82 Court Minutes of New Amsterdam. [1654
the vicinity, encompassed the City of New Amsterdam, with walls, and we,
Your Worships' neighbors, have not spared our labor in the repairs of the
Fortress and fortifications there. Yet, as members of the same body, we
are obliged to assist one another with all our power, and are ready to do,
as far as we are able, which we shall indeed prove by exerting all our
strength not only for the defence of the City of New Amsterdam, but of
all and each of our Confederates standing under the sovereignty of their
High Mightinesses the Lords States General, and their Supreme Govern-
ment in this Country, all which we on the other hand expect from our
fellow members. In the meantime we are and remain Your Worships'
friends and neighbors
(Signed) Albert Comelisen, Jan Snediger, Elbert Elbertsen.
Done at their Court in Midwout, the 28 March, 1654.
The superscription was : The Worshipful Wise, Prudent, the Burgo-
masters and Schepens of the City New Amsterdam.
The Burgomasters and Schepens of this City of New Amsterdam
resolve to commission and authorize Mr. Arent van Hattem to propose
the following to the Director General and Council :
Whether the Director General and Council as well as Burgomasters
and Schepens do not consider it necessary, that the decayed fortifications
of this City should be again repaired and the North River shut off also
with palisades and thus brought into a state of defence.
Secondly. Since the Burghers of this City of New Amsterdam are
too weak to perform the aforesaid needed work to cut and haul to the
works the palisades and other requisite materials.
Whether the Director General and Council will please to take meas-
ures, so that the people out of the City may lend a helping hand therein ;
then.
Whether they will please to grant Burgomasters and Schepens the
necessary authority thereto.
Whereof the Worsh! Mr. Hattem shall make report to Burgomasters
and Schepens, so that they may determine what further to do.
Done in Session, New Amsterdam, this 30* of March, 1654.
City Hall, Monday, April 13, 1654.
David Wessels, pltf. v/s Hendrick Gerritsen, deft. Pltf. instituting
his demand in writing, requests, that deft, be condemned to pay the ex-
penses, which he, pltf., incurred for deft, on his land in the village of
i6s4] Court Minutes of New Amsterdam. 183
Midwout in hiring laborers as well as his own trouble calculated at la gl.,
or else that the land be given him, he being content to leave to the discre^
tion of the Court what he shall pay deft, as more fully appears by the
plaint and conclusion. Deft, says, that he had not empowered pltf.
Parties having been heard, Burgomasters and Schepens, judging from the
circumstances of the case, find, that pltf. has incurred the expense for the
benefit of the aforesaid Hendrick Gerritsen, and therefore do condemn
said deft, to pay pltf. all the expenses incurred for laborers and his loss of
time amounting to twelve guilders, and that before his departure hence.
David Wessels, pltf. v/s Hendrick Gerritsen, deft. In case of arrest|
demanding payment of 210 gl. in beavers balance due him according to
note and other disbursements p' balance. Deft, acknowledges the debt
according to note ; promises to pay within 6 weeks, and offers to give se^
curity. Parties having been heard. Burgomasters and Schepens do declare
the arrest valid, until deft, shall have given sufficient security, or the pltf.
is paid, when the arrest shall be removed.
Borger Joris, pltf. v/s Richard Bridnel, deft. Pltf. in default.
Richard Bridnel, pltf. v/s William Harck, deft. Pltf. making his plea
in writing, demands balance of payment for sale of his land. Deft, de-
mands as before, that the land be delivered to him unencumbered accord*
ing to purchase and contract, and that the claim which 2 or 3 persons
showed him, be first removed, and the Indians satisfied. This done, he
offers to pay pltf. then within 3 or 4 days. Parties having been heard.
Burgomasters and Schepens decide that deft. William Harck shall not be
obliged to pay pltf. before and until the claim on the land being removed,
it shall be conveyed free and unencumbered according to contract.
Claes Bordingh appears in Court, prosecuting a certain attachment
levied on a sum of 100 gl. in the hands of Jacob Strycker on account of
Jan Snediger, whom he, the pltf., has cited, and says he is not obliged to
appear ; requesting that the attachment be declared valid, which request
of the pltf. is granted and the attachment provisionally declared valid.
Francoys Fyn, pltf. v/s Lourens Duyts, deft, declares, that by vir-
tue of a patent granted to him by the Hon**'* Director General, he has
a certain piece of land lying on Long Island over against Hog Island,*
* Hog Island, now Blackwell's Island, by the Indians called Minnehanock, was
granted by Director-General Wouter van Twiller to himself, July 6, 1637 (N. Y. CoL MSS.;
f 84 Court Minutes of New Amsterdam, i [1654
which deft without knowledge goes to sell and alienate ; therefore re-
questSy that deft, be condemned to leave the land belonging to him, pltf.
unmolested, or otherwise to show what right and property he has thereto.
Deft, requests a copy of the plaint to answer thereto in writing at the next
Court day. Deft's request for a copy is granted, and he is ordered to
gire a written answer thereto by the next Court day.
Jan Willemsen Iselstyn from Leyden, pltf. v/s George StevensoDy
deft, states, that deft has said, he had lost a hog, and believed, that it
had been shot dead on his Hook, and deft therefore had made a search
fit his, pltfs, house, and said, he presumed, Jan Scherujm had shot the
liog, and as he, pltf., says that he also has lost a hog, and heard that deft
has fully one thousand pounds of pork in his house, therefore presumes
that deft might well have committed the deed, and consequently demands,
that deft's dwelling may also be searched as well as his. Deft says, that
being not long since on his land he heard firing on pltfs Hook, and that
his hogs then came away running, when he missed one of his hogs : where-
fore he went to the said Hook for the purpose of examining ; and enter-
taining some suspicion he saw, in the house, where Jan Scheruyn stood,
something under a blanket ; he lifted up the blanket, and finding nothing,
Jcept still ; he said nothing in the least or spoke to anyone concerning the
matter, but demands proof of what pltf. has alleged, that he has fully looo
BB, p. 7). This, with other extraragant grants, was vacated in July 1652. Fxands Fjb
(Pine), who had served as Captain of the West India Company's troops in Brazil and had
come to New Netherland in 1650, thence returning to Holland next year, obtained an or-
der, May 2, 1652, for a grant of this island, if vacant ; the authorities at the same time
fttbroitting to Stuyvesant's consideration, the propriety of fortifying it. This was not ap-
proved, and the island was granted to Capt. Fyn, together with 100 acres of land on
Long Island, opposite said island, in that part of Newtown, called Ravenswood. On the
redaction of New Netherland by the English, in 1664, both the island and the farm were
declared forfeit as property of a subject of Holland and granted to Captain John Man-
ning, February 8, i663, whence it was called Manning's Island. Capt. Manning con-
veyed the island to Secretary Mathias Nicolls, in trust for the use of himself daring life
and upon his death for the use of his wife, if she should survive him, entailing it after
their decease on Mary Maningham, his wife's daughter by a former husband, and her
heirs. Mrs. Manning died in 1673, and in 1676, her abovenamed daughter married
Robert Blackwell, a widower, who subsequently succeeded to the estate, in right of hii
trife, the island being henceforth called Blackwell's Island. It is now the property of the
City of New York.
i6s4] * Court Minutes of New Amsterdam. 185
lbs. of pork, which he has not honestly obtained. Parties having been
heard. Burgomasters and Schepens decide, as there is no evidence, that
the complaint must be made to the Schout, who shall inquire into the
matter, or otherwise that parties must amicably agree between them-
selves.
Frans Jansen, pltf. v/s Foulus Heymans, deft. Deft in default.
Nicholaes Croon, pltf. v/s Frans Jansen, deft. For payment of half
the rent of a certain house, which they with three or four others had
hired, for payment of which each one was bound in solidum according
to the lease, the whole sum being loo guilders which he, pltf., must tender
and pay in full. Deft, confesses to owe only \ part of the loo gl. rent,
as it was leased jointly by them four, and is not obliged to pay any more
demanding pr. contra fl. 29 : 17 according to account. N. Croon denies
said account, except only 4 gl. Parties having been heard, it is ordered
that they adjust their accounts and if practicable, come to a settlement,
or otherwise to appear again at the next Court day.
Lambert Huybertsen Mol, pltf. v/s Jan Vinje, deft., declares, that he
had hired his scow with a new kedge-anchor to deft, and that upon the
return of the scow, one of the flukes of the anchor had been broken off
and lost ; demands payment for the same, or that he get it repaired.
Deft, says, he has had the scow and having used it in fair weather, one
of the flukes remained behind, whilst hauling in the anchor, but does not
know how it happened ; contends, that he is not obliged to pay for the
same, as he has already paid the rent. Parties having been heard, Bur-
gomasters and Schepens decide, that pltf. must prove that the kedge has
been broken by deft's neglect ; in such case, deft, shall be held to repair,
or pay ; otherwise, in default thereof, pltfs suit is dismissed.
A certain Letter received from the Director General whereof the
address was :
Worshipful, Dear, Particular, The Schout, Burgomasters and Sche-
pens of the City New Amsterdam, at the Court aforesaid, — being seen, it
is resolved, as the Schout, to whom it was sent, is not present, that it
shall remain unopened until the next meeting.
Mr. Arent van Hattem reported to the Court that, pursuant to the
order of Burgomasters and Schepens, he had an interview with the
Hon*^ General, who said, that the proposition was entirely agreeable to
1 86 Court Minutes of New Amsterdam. [1654
him and that he was well inclined to assist in bringing this City into a
state of defence, and for that purpose appointed Friday or Saturday fol-
lowing, to go in person around and speak to the outside people on this
subject But nothing of this had been done. Also, that his Honor
would speak or write to Comelis Melyn of Staten Island about it, who
had said some time ago, that he was ready to lend a helping hand.
Arent van Hattem is commissioned by Burgomasters and Schepens,
to propose to the Hon^* General and Council the following persons to
be appointed Beer-Carriers, as he had already spoken to the Hon*^
Director General on the subject.
The following persons are proposed by Burgomasters and Schepens
to the Hon"* Director General to be appointed sworn Beer-Carriers :
Barent Jacobsen Cool and Teunis Kray.
Done in Court this 13^ of April, 1654.
Signed by order of Burgomasters and Schepens, etc.
City Hall, Monday, April 20, 1654.
Nicolaes Croon, pltf. v/s Frans Jansen, deft. Deft, in default
Claes Bordingh, pltf. v/s Jan Snediger, deft. Deft, in default
Hendrick Hendricksen, drummer, prosecutes certain attachment
levied on the sum of fi. 118: 14 in the hands of Jacob Strycker on
account of Jan Snediger and due him according to note, which has been
assigned on Jacob Strycker, which attachment, he, Hendrick Hendrick-
sen, has made according to declaration of the Court Messenger for Claes
Bordingh. Case postponed till the next session.
Claes Terhaer, pltf. v/s Andries Pietersen, deft. Both in default
Claes Terhaer, pltf. v/s Cornelis Willemsen, deft Both in default
Jan Gerritsen, pltf. v/s Jacob Jansen Flodder, deft. Deft, in de-
fault. Decided that deft's agent shall be summoned.
Poulus Verbeeck, pltf. v/s Lodewyck Pos, deft. For deft, violating
lease of pltf's house, contrary to contract Parties having been heard on
both sides, it is decided, that they shall arrange the dispute, to which par-
ties consenting, they are referred to the decision of two from the Court ;
Messrs. Pieter Wolfersen van Couwenhoven and Olof Stevensen were
therefore appointed to get the parties to settle and be at peace.
Aryaen Huybertsen, pltf. v/s David VVessels, deft Pltf. in default
x654] Court Miniites of New Amsterdam. 187
Charles Morgen, pltf. v/s Dirck Van Schelluyne, deft. Deft, in de-
fault
Apostil concerning the proposed Beer Carriers : Director General
and Council approve of the above-mentioned persons.
Done N. Amsterdam, this i8 April, 1654.
(Signed) P. Stuyvesant.
Burgomaster and Schepens having seen the written petition presented
to them by Lourens Duyts, and the sealed but unsigned patent and
minute of survey &c. relating to certain land, which Francoys Fyn owned,
and the same being read to Francoys Fyn, Resolved to speak to the
Hon*^ Director General on said petition.
Resolved by Burgomasters and Schepens that Arent van Hattem and
Poulus Leendersen vandie Grift shall submit to the Director General
and Council the following :
I. Whether persons living at Midwout and other circumjacent ham-
lets and villages are not amenable here, as it now happens, that Jan Sned-
iger at Midwout having been cited here on an attachment of moneys^
contends, that he is not bound to appear here.
Secondly, Whether the judgment against M. de Vos shall not be put
in execution agreeably to the written petition of Jan Appel, the success-
ful party.
Thirdly, How the matter stands with respect to the lands in dispute
between F. Fyn and I^urens Duyts, as is to be seen by the ground-brief,
petition &c. delivered in to our Court, and what the decision is.
City Hall, Monday, April the 27, 1654.
Nicolaes Croon, pltf. v/s Frans Jansen, deft. Defts 2"* default.
Jan Gerritsen, pltf. v/s Dirck van Schelluyne, deft. Defts 2^ default.
Jacob Steendam, pltf. v/s Pieter Comelisen, carpenter, deft. Deft,
in default. Pltf. prosecutes a certain attachment, served on Johannes
Nefius, in the case of certain sold hay ; requests that the attachment be
declared valid. Request having been heard, the attachment is provision-
ally declared valid.
Adriaen Huybertsen, pltf. v/s David Wessels, deft. For payment for
labor done by himself and two with him in fencing a certain lot in the
village of Midwout, which deft, contracted for with him, and which work
he was forbidden to do by Hendrick Gerritsen, suing for 3 days with his
A
1 88 Court Minutes of New Amsterdam. [1654
two at 4 gl. per day for each. Deft, says that Hendrick Gerritsen is un-
willing to pay so much ; therefore requests, that their Worships will please
to decide, how much is due pltf. ; or else, that it may be taxed by impar-
tial men. Whereas Burgomasters and Schepens have no knowledge of
what has been performed, they have commissioned and authorized Luycas
Rldersen and Thomas Swartwout to value the work done there after in-
specting it and to reconcile parties.
Teunis Tomasen, pltf. v/s Michiel Paulisen, deft. Pltf's wife ap-
peared, and demands payment of a balance fi. 13 due her for a chimney,
built by her husband. Deft, acknowledges the debt, whenever the work
shall have been well and sufficiently done ; and as said chimney now
smokes badly and he engaged to make it good or no pay, deft, contends
that he is under no obligation to pay. The Court decides, that Teunis
Tomasen, who has done the work, must himself appear in person.
Mr : Willem Beeckman present.
The Journal of the Mission of Comelis van Tienhoven and Marten
Krigier sent as Commissioners from the Director General and Supreme
Council to the Colony of New Haven, concerning their proceedings, was
this day read at the aforesaid Council, and communicated to the Court.
The Letter whereof the address was. Worshipful, Dear, Particular,
The Schout, Burgomasters and Schepens of the City of New Amsterdam,
was this day opened in Court, and therein was found a certain placard pub-
lished by the Director General and Council concerning certain robberies
by English pirates with a letter accompanying it, to the effect that the
same be published by the Burgomasters and Schepens from the City Hall,
and there affixed.
Which placard was this day published from the City Hall, and there
posted after previous ringing of the bell.
The Captains, Lieutenants, Ensigns, Sergeants and Corporals of both
of the Burgher Companies of this City of New Amsterdam are hereby
directed to appear to-morrow morning, 28*? of April, precisely at 8
o'clock at the City Hall of this City aforesaid, for the purpose of then
endeavoring to establish good order in the City Watch.
Done at the Session aforesaid, this 27 April, 1654.
By order of Burgomasters and Schepens
Jacob Kip, Secretary.
i6s4] Court Minutes of New Amsterdam. 189
City Hall, April 28, present the Hon**** General and the Burgher
Militia Officers of this City of New Amsterdam, when a certain Ordinance
was enacted respecting the Burgher Watch, which after ringing of the
bell on the 29*^ of April, was published from the City Hall and there
affixed.
City Hall, Saturday, the 2"* of May, p.m.
The Schout and two Schepens absent.
At this Session a certain Ordinance was drawn up concerning the
Excise and for the Beer Carriers. But it was left in abeyance to the next
Court day, when the Board will meet.
City Hall, Monday, May 4, 1654.
Nicholaes Croon, pltf. v/s Jacob Haey, deft, demands payment of 4^
beavers, balance due him for delivered glass. Deft denies, that pltf. has
delivered as much glass as he demands payment for : inasmuch as the
agreement was for timber feet of 1 1 inches. Pltf. denies, that the agree-
ment was for timber measure, but for feet of 9 inches glass measure. The
Court orders deft, to prove, that the agreement was according to timber
measure.
Jacob Haey, as Attorney of Pieter Ebel, pltf. v/s Nicholaes Croon,
deft. For delivery of window glass for the sum of 20 gl. paid him by
Evert Cornelisen vander Wei to deliver the glass. Deft, admits receipt
of the money and that he would have delivered the glass therefor, but no
price had been agreed on and contends, that he is not obliged to deliver
the glass to pltf. before he receives satisfaction from him. Parties having
been heard, it is decided and deft. N. Croon is condemned to deliver pltf.
in his quality the glass for the received 20 gl. at the then market price sav-
ing his right and action against the pltf.
Nicolaes Croon, pltf. v/s Frans Jansen, deft. For house rent and
other unliquidated accounts. Whereas the claims of the parties against
one another do not appear clear, Burgomasters and Schepens have re-
ferred them to two arbitrators, to wit : Covert Loockermans and Johannes
de Peyster, who are hereby authorized to examine the difference of par-
ties and their accounts, and if practicable to bring them to a settlement^
or otherwise to report in writing to the Board.
Jan Gerritsen, pltf. v/s Dirck van Schelluyne, deft. Deft's 3*" dc-
XQo Court Minutes of New Amsterdam. [1654
fault. For payment of earned monthly wages. , As the matter is by no
means clear, the case is postponed to the next Court day, then pltf. is to
produce his claim and the proof thereof.
Dirck Jansen Nes as Attorney of Jacob Clasen Boot, pltf. v/s AeUie,
wife of Pieter Cornelisen, deft., demands as before payment for 4 pieces
of muslin 88 ells long at 20 stivers per ell, sold to her by Jacob Clasen
Boot according to his book. Deft, persists in saying, that she received
only 58 ells of muslin, and that she bought them from Dirck Nes himself
and not from Jacob Clasen Boot, but offers to pay, if pltf. will declare on
oath, that he did not sell the muslin himself to her. Pltf. showed by his
book, what he himself had sold deft, and declares, that J. C. Boot sold
and delivered her the muslin in question, offering to declare the same
under oath. Deft being satisfied with the offer to declare the same on
oath, promised to pay pltf. his aforesaid demand.
Mr. Gysbert van Imbroecke, pltf. v/s Jacob Stoffelsen, deft. Deft
in default.
Claes Bordingh, pltf. v/s Jan Snediger, deft. In case of attachment
for the sum of 100 gl. in the hands of Jacob Strycker. Pltf. as Attorney
of Nanninck Jansen and Jan Clasen Dommer according to power of
attorney dated 17 April 1649, demands payment of fl. 321 on a note
signed by Jan Snediger on the 24* September, 1648. Deft, admits, that
it is his signature, but snys, that it originated from assumed debts, which
he was to collect for N. Jansen and Jan Dommer, and pay their debts
therewith, and says that he does not owe as much, as pltf. demands, but
it is a mistake of Claes Bordingh, that he was this year to pay thereon
100 gl., and so every year after something ; and as he has not been able
to agree with pltf. about some twist tobacco, requests that he Bordingh
and Hendrick Tamboer may now lift each the half of the attached mon-
eys, promising to pay said 100 gl. next harvest. Burgomasters and
Schepens of this City New Amsterdam having heard the declaration and
answer and paid attention to all the particulars, decide, that Claes Bor-
dingh shall now receive 80 gl. out of the moneys attached in the hands of
Jacob Strycker and Hendrick Hendricksen Tamboer the remainder of
the moneys, which Jan Snediger has there ; and they do condemn deft
Jan Snediger further to pay to Claes Bordingh next harvest the half of
the remaining principal and the other half next March, when the tobacco
i6s4] Court Minutes of New Amsterdam. 191
will be stripped, provided that he may deduct all that he can prove he
has paid of the note.
Augustyn Heermans, pltf. v/s Pieter Cornelisen vander Veen, as sub-
stitute of Mr. Allard Antony, attorney of Mr. Daniel Gabrie, Merchant
at Amsterdam, deft. Pltf. appearing in Court produces a certain con-
tract between himself and Allart Antony, made and executed on 8» of
May, A^ 1653, and by virtue of said contract, demands restitution of the
ground-briefs, which Allard Antony has left in the hands of said sub-
stitute, especially as pltf. says, he has sold some of his lands, for the pur-
pose of improving his remaining lands out of the proceeds of what he has
sold. Deft, says in reply, that he is ignorant of the contract, and also
that he has no authority from his principal to deliver up the ground-
briefs, and as ships are daily expected from Holland, in which his princi-
pal or letters from him will doubtless arrive, he requests the Court will be
pleased to make no further disposition of the premises, so that his deft's
principal may sustain no damage thereby. Having seen and perused the
contract, produced by pltf. dated as above, and heard the declaration
and answer of parties. Burgomasters and Schepens having maturely con-
sidered all the circumstances on one side and the other order, as they
hereby do, that the ground-briefs shall remain in the possession of deft,
until the arrival of the first ships from Fatherland. Done as above.
Dirck Van Schelluyne summoned by Jan Gerritsen appeared, and
gave his excuse for his absence, requesting copy of the demand made
by pltf., and as no demand has been given in, the case rests here.
Lysbet Teysen, widow of Maryn Adriaensen, married yesterday to
Geerlief Michielsen, requests by petition, that one or two guardians may
be appointed over her minor son, Tys Marynsen, with whom she can
confer, to the end, that she may sufficiently settle with, surrender to and
satisfy her daughter, residing at Fort Orange, who is now come here with
her husband, and the above-named Tys Marynsen, her children, in
regard to their paternal estate, or make due proof thereof. Whereupon is
apostilled : On request of petitioner, Burgomasters and Schepens of this
City of New Amsterdam, have, by a plurality of votes, commissioned Mr.
Olof Stevensen, Elder and Schepen, and Jacob Kip, Secretary of this
aforesaid City, as provisional guardians, to proceed with the petitioner
to the payment and satisfaction of the rights of the minor Tys Marynsen.
192 Court Minutes of New Amsterdam. [1654
Whereas the suit instituted between Pieter Kock, pltf., and Anna
Van Vorst, deft., in a case of marriage, was by the Burgomasters and
Schepens of this City, on the 19* of February last, referred to the Hon***
Director General and Council to obtain their decision and judgment
thereupon, the Hon"* Director General and Council were accordingly
pleased on the 30^ of April last to apostil as follows : Suit having
been entered, judgment must follow, and if either party, after the
decision, feel aggrieved by the judgment of Burgomasters and Sche-
pens, such person may apply by appeal to the Supreme Council. It
is therefore Resolved at the Court of Burgomasters and Schepens
to commission two persons of this Court to examine the papers in the
suit, report whereof they are to deliver in writing to the Board ; and to
that end the following persons are chosen by a plurality of votes : Mr.
Marten Krigier, Poulus Leendn vandie Grift and Cornelis van Tienhoven
as the third person.
On petition presented by Teunis Kraey to this Court for the privi-
lege of tapping, whilst holding the office of wine and beer carrier ; or
else that he may be favored with some other appointment such as weigher
and grain -measurer, the following apostil is made : The petitioner having
refused to desist from tapping, is therefore now dismissed from the office
of beer carrier, and according to time and opportunity when an office
is vacant, he may petition for it, when attention will be paid to his
application.
Mr. Cornelis van Tienhoven communicated to the Court the fact,
that not long since very indecent and disgraceful things had been perpe-
trated, on the Broadway in this City by certain women, together with the
petition and other papers in the case presented by him to the Hon**"*
Director General and Council, with the request that their Worships of
the Court may be pleased to take the matter into consideration, and to
appear next Wednesday, when the General and Supreme Council will
meet on this subject to adopt some resolution thereon.
Whereas the Burgomasters and Schepens of this City of New Amster-
dam, on a certain petition presented to the Director General and Council
of New Netherland dated 23 February, 1654, to devise some means for
the benefit of this City, were permitted to impose on and receive from
all wines, strong waters and beer consumed by the Burghers within this
1654] Court Minutes of New Amsterdam. 193
City, in addition to, and on the same condition as, the Tapsters' Excise,
the following Burgher Excise, viz^
On each tun of good beer Twenty stivers
each half-cask Ten stivers
On each anker or quarter-cask Five stivers
On each tun small beer Six stivers
On each half -cask Three stivers
On each anker Two stivers
On each anker brandy, Spanish wine or distilled waters, Thirty stivers
From French wines and those of like value half as much
Therefore the Burgomasters and Schepens of this City aforesaid do
hereby ordain and enact :
That from this time forth the Burghers as well as the Tapsters or
Tavern-keepers, who are desirous of laying in or carrying away any wines
or beer, shall be bound before so doing, to obtain from our Receiver
thereunto appointed, a proper permit, and pay the excise promptly thereof,
which Receiver shall be in attendance for that purpose in his house from
6 o'clock till 8 o'clock in the morning and from one to three in the after-
noon, except on Wednesday and Saturday afternoon.
And in order to prevent all fraud and smuggling in the one and the
other, the Burgomasters and Schepens aforesaid with the approbation of
the Hon^** Director General and Council have appointed and accepted as
sworn Wine and Beer Carriers Barent Jacobsen Cool and Pieter Caspersen
van Naerden and no person, be he who he may, except such Beer Carri-
ers, shall be at liberty to work at, lay in, or remove any wines or beer
from one warehouse, cellar, or brewery to another or to bring foreign
beer within this City's gates on pain of forfeiting said wines or beer and
arbitrary correction at the direction of the Court.
And in order that this Ordinance and Law may be the better
observed and obeyed by every one, the officer is commanded and ordered,
to pay a strict regard to all frauds and smuggling, and he is authorized,
whenever he may deem it necessary to search in the presence of two of
the Court the cellars of the Tapsters, and to gauge all the casks, and to
seize all the wines and beer, that have not been entered — or have not
paid excise, which according to the foregoing Article, in addition to the
TOL. I — 13
194 Court Minutes of New Amsterdam. [1654
Arbitrary Correction, shall be subject to confiscation to be applied i to
the poor ; i to the officer and i to the informer.
Thus done and enacted at the Court of Burgomasters and Schepens
of this City of New Amsterdam, and after publication, affixed this 4
May, 1654.
Arent van Hattem 1654, Martin Kregier, P. L. vandie Grift, Pieter
Wolfersen, Oloff Stevensen, Wilh : Beeckman.
Provisional Instruction prepared by Burgomasters and Schepens of
this City New Amsterdam relative to the Office of Beer and Wine Carrier :
First. The Wine and Beer Carriers shall be obliged to be in attendance
from six o'clock in the morning until six o'clock in the evening in front
of the Company's Warehouse, or each one at his own dwelling-house in
order to be ready and at the service of every one, who would desire to
lay in or remove any wine or beer.
2**.*7 It shall not be lawful for the appointed Wine and Beer Carriers to
labor at any wines or beer, or to carry them from one place to another
before and until a proper permit from the Receiver thereunto appointed
shall be delivered to them ; which permit they shall be obliged to return
to the said Receiver every evening at sunset.
^rdiy jj^g appointed Wine or Beer Carriers for what they may convey
here within the walls of this City from one Brewery house or cellar into
the other, shall not be permitted to receive more than the following.
For one pipe of brandy 24 stivers
one pipe of wine Twenty stivers
one hogshead of wine Twelve stivers
one Aam (40 gallons) Ten stivers
one half-aam Five stivers
one anker Three stivers
half anker Two stivers
one tun of strong or small beer Eight stivers
one half-barrel Four stivers
one anker Three stivers
And for what they shall carry from within to Mr. Allerton's* and
* Allerton's place was between Fulton and Ferry Streets, on the South-side of Pearl,
then the shore of the East River, where his vessels anchored.
i6s4] Court Minutes of New Amsterdam. 195
Thomas Hall's * beyond the walls one fourth part [in addition] and thence
to and about the Fresh Water, double what is aforesaid.
But in case any Brewer employ his own horse and dray and a man
to convey Beer with one of the appointed Beer Carriers, the latter shall
be entitled to the just half of the aforesaid fees, and if the Beer Carriers
make use of the Brewer's horse and dray then one third of the fee shall
belong to the Brewer.
4. The appointed Wine and Beer Carriers shall be held to provide
at their own cost their own tools for handling the wine and beer.
5. In attending to the duties of their aforesaid office, they shall not
be permitted to get drunk, so that in handling the wines or beer, no dam-
age may happen through their carelessness, and in case such may occur,
and it be found to have happened through their neglect, they shall be
liable to repair and pay the damage in full.
6. That the appointed Wine and Beer Carriers be not defrauded by
others in their office aforesaid, they are hereby charged to keep sharp
watch on the exportation and importation of wine and beer and if they
find, that such is done by any other person, they may seize all such wines
or beer, whereof they shall receive the third part.
Finally, the appointed Wine and Beer Carriers promise and swear
that in this, their aforesaid office, they will act faithfully and honestly ;
that they will practise or allow no fraud ; and observe the foregoing
regulations, as well as such as the Burgomasters and Schepens may here-
after add thereunto.
And therefore Barent Jacobsen Cool and Pieter Caspersen van Naer-
den are provisionally chosen, appointed, and accepted for one year
certain, who, thereupon, in the Court of Burgomasters and Schepens, at
the hands of the Officer have solemnly taken the following oath.
Done at the City Hall, New Amsterdam in New Netherland this 4
May, 1654.
Aemt van Hattem 1654, Martin Kregier, P. L. vandie Grift, Pieter
Wolfersen, OloflF Stevensen, Wilh : Beeckman.
We Barent Jacobsen Cool and Pieter Caspersen van Naerden, in
quality as Beer Carriers and laborers in the Weigh- house and porters in
the Public Store, promise and swear in the presence of Almighty God, to
* Hall's place was in the neighborhood of Beekman and William Str.
196 Court Minutes of New Amsterdam. [1654
behave ourselves honestly and faithfully in the aforesaid office ; also not
to meddle with or assist in any smuggling, and in all things discharge the
duties of our office, as honest Wine and Beer Carriers are bound to do
according to the above order and the laws of Fatherland. So truly help
us, God Almighty !
City Hall, Monday, the ii* of May, 1654.
Mr. Gysbert van Imbroecke, pltf. v/s Jacob Stoffelsen, deft. Defts.
2*;? default.
Adriaen Keyser, pltf. v/s Jacob van Couwenhoven, deft. Deft, in
default. Pltf. appeared in Court and prosecuting an attachment levied
on a certain sloop because he has not been paid for it, requests, that the
attachment be declared valid. Burgomasters and Schepens declare the
prosecuted attachment valid by virtue of contumacy.
Adriaen Keyser, pltf. v/s Caspar Varlelh, deft., demands payment of
fl. 367 : 15 balance due him according to specification of account. Deft,
saying, he has an offset account ; requests, that pltf. shall first he con.
demned to adjust their accounts according to his promise as it also con-
cerns deft's son, who likewise has an account with pltf. Parties having
been heard. Burgomasters and Schepens decide and order pltf., A Keyser^
to deliver to deft, copy of the account of his claim ; and deft, shall de-
liver in like manner his offset account to pltf., and if possible they are to
agree together after liquidation, or in default thereof, parties may bring
in their accounts and claims in writing on the next Court day.
Jan Jansen from Gottenborgh, pltf. v/s Claes Jansen Ruyter and
Harmen Douwesen, defts. Pltf. and defts in default.
Jacob van Couwenhoven appearing in Court declares, that he protests
against A. Keyser for all the costs, damages and injuries, which he has
already sustained, and may in future sustain by the attachment of his sloop
by A. Keyser, which he has sold to Jan Geraerdy ; requesting that his pro-
test may be recorded. Couwenhoven paid 30 stivers for all his defaults.
Antony Loodewycksen Baeck offers by petition his service as Provost
Marshal of the Burgher Company of this City on condition of receivmg
adequate remuneration for his services. Whereon was apostilled : Peti-
tioner may apply to the Council of War at their next session.
On the remonstrance and petition of Augustyn Heermans presented
1654] Court Minutes of New Amsterdam. 197
this day to Burgomasters and Schepens on the question and claim of
P. L. vandie Grift concerning the requested ground-briefs of his lands,
was apostilled : Augustyn Heermans is ordered, at the request of P. L.
vandie Grift, to furnish him copy hereof to enable him to answer it in
writing on the next Court day.
Officer C. V. Tienhoven requests, that the moneys deposited by
Willem Albertsen as security for certain loo gl. wherein he was con-
demned and by his signature had promised to pay, may be sold, and said
uncurrent wampum was therefore opened in Court, and it being found
inexpedient [so to order] it was again replaced in the Treasury : and
Ordered :
Whereas Willem Albertsen has as yet failed to take up and make
good payment according to promise and signature for certain 2 bundles
of uncurrent wampum (which he deposited with Secretary Kip, on ac-
count and in payment of 100 gl. in Beaver or good current Wampum, in
which sum he was condemned for violation of Civil and Military Ordi-
nances), Burgomasters and Schepens do therefore on the requisition of
the Officer, again order said W. Albertsen to send his said debt by
bearer hereof or to make other good payment, or in default thereof, the
above uncurrent wampum, which he left in pledge, will be sold for pay-
ment thereof, and the deficiency shall be recovered from him according
to signature.
Officer C. van Tienhoven requests that two of the Board be appointed
according to the Ordinance to visit with him at the earliest opportunity
the houses and cellars of the Tapsters, and note what they have, in order
to prevent all fraud as far as possible. Resolved therefore, that the Mem-
bers of the Board shall take turns, and accordingly for the present Mr.
Arent van Hattem and Secretary Kip are thereunto commissioned.
On the petition of Harmen Smeeman for permission to retail wine
and beer to the traveller, out of the City on his own farm, by paying the
usual excise or by agreement, the following apostil : The petitioner can-
not have his prayer granted for sufficient reasons.
City Hall on Monday afternoon Messrs. Marten Krigier, Poulus
Leendersen vandie Grift and Cornelis van Tienhoven met as a Committee
to look over the papers in the suit between Pieter Kock and Anna van
198 Court Minutes of New Amsterdam. 1654]
Vorst ; ^hich papers having been examined, it is resolved to report to
the Board at the next Court day.
City Hall, Monday the i8th of May, 1654.
Gysbert van Imbroecke, pltf. v/s Jacob Stoffelsen, deft. Deft
having become security for Skipper Louw pltf. requests by petition, that
he be not permitted to depart, until he had satisfied the debt. Dirck
van Schelluyne as attorney of Jacob Stoffelsen deft, appeared in Court
and requests copy of the declaration and note to enable him to answer
thereto at the next Court day, promising that Jacob Stoffelsen will not
depart before the Court shall have disposed of the matter. The request
of deft's attorney is granted, and pltf. is ordered to deliver deft, copy of
the declaration and note to answer thereto on the next Court day.
Nicolaes Croon, pltf. v/s Jacob Haey, deft. Pltf. demands as before^
payment for panes of glass cut according to agreement at 9 inches to a
foot. Deft, persists in his previous answer, that he was to deliver 11
inches to the foot, proving by declaration of one Jochem Kock that the
agreement was for timber measure, and contends, that he is not obliged
to pay otherwise ; claims in case of further dispute, the costs already
sustained &c., or that he may in future sustain by loss of time &c. Pltf»
says, that he will be satisfied in case Joch : Kock will testify under oath,
that the agreement was for timber measure. Ordered therefore that J.
Kock shall on the next Court day confirm the declaration, he has made,
and swear to it if necessary.
Poulus van Beeck, pltf. v/s Lodewyck Pos, deft. Deft in default.
Pltf. presenting his case, ordered that Mr. Olofif Stevensen, one of the
Committee in the case in question, shall perform his duty, so that the
agreement be fulfilled.
Wynant Gompelman, pltf. v/s Jacob Schellinger, deft. Deft, in de-
fault. Pltf. appearing in Court prosecutes a certain attachment served on
Poulus Heymans, with whom deft, has owing to him fl. 236 for earned
wages ; requests that the attachment be declared valid. By virtue of
contumacy the attachment is provisionally declared valid.
Matewis de Vos, pltf. v/s Beeletie Jacobsen, deft., demands payment
of fl. 9 : 4 for stockings and shoes sold and a line according to account.
Deft, acknowledges receipt of the goods, but says she has paid pltf. in
i6s4] Court Minutes of New Amsterdam. 199
peaches fl. 3 : 10, and in washing for de Waert according to specification
fl. 8 : 7 ; denies, she had purchased the goods of pltf., but took them from
d' Waert on the washing, and therefore is not indebted to pltf. Parties
on either side having been heard, it is decided by the Court, and pltf.
Matewis de Vos is condemned to pay deft. fl. 3 : 10 for peaches received,
saving Mat. d' Vos's action, if he have any, against Jacobus de Waert.
Adriaen Keyser, pltf. v/s Caspar Varleth, deft. Deft in default. It
is decided that he may be summoned again. A. Keyser paid fl. 3 for all
his defaults.
Comelis Clasen Swits, pltf. v/s Borger Jorisen, deft. Dispute about
a certain cow, that had through mistake been sent to Fort Orange and
sold there. The Court having heard the declaration and answer of
parties on both sides, and attended to every thing material, decide, that
Comelis Clasen Swits shall accept the beast, that Borger Jorisen offers to
deliver here in her stead and that Borger Jorisen shall moreover pay the
sum of 30 gl. without parties having any further dispute or action in the
premises against each other.
The appointed Beer Carriers appeared in Court and complained, that
the Brewers' servants will deliver the Beer with their own horse and dray
with one of the Beer Carriers, without allowing them to do so once ;
whereby they are defrauded out of their fees. Having ascertained the
case and dispute, the Beer Carriers are ordered to abide by their Instruction
and to act in what is demanded, as occasion and circumstances permit.
The Commissioners to examine the papers in the suit between Pieter
Kock and Anna van Vorst made their report to the Board and their opin-
ion, which is the following judgment, and the same being examined,
Burgomasters and Schepens decide, that said judgment shall for reasons,
not yet be pronounced, but remain in abeyance until future occasion and
request of parties.
A suit has been instituted before the Court of the City of New Am-
sterdam by Pieter Kock, bachelor, a burgher and inhabitant of said City,
pltf. against Anna van Vorst, spinster, living at Ahasimus,* deft., respect-
ing a marriage contract, or an oral promise of marriage, mutually entered
into between said Pieter Kock and Anna van Vorst, and in confirmation
thereof, certain gifts and presents were made by pltf. to the aforesaid deft. ;
♦ In New Jersey.
«oo Court Minutes of New Amsterdam. [1654
however, it appears by the documents exhibited by parties, that deft, the
fiancee of pltf., in consequence of certain misbehavior, is in no wise dis-
posed to marry said Pieter Kock, and also proves by two witnesses (see
affidavit dated the 24 December 1653) that Pieter Cock had released her,
with promise to give her a written acquittal to that effect, therefore Burgo-
masters and Schepens of this City, having attentively perused and ex-
amined all the documents by parties, adjudge, as they do hereby, that the
premise of marriage having been made and given before the Eyes of God,
shall remain in force, so that neither pltf. nor deft, shall be at liberty with-
out the knowledge and approbation of the Worsh* Magistrates and the
other one of the interested parties to enter into matrimony with any other
person, whether single man or single woman. Also that all the presents
made in confirmation of the promise of marriage shall remain in the pos-
session of deft., until parties with the pleasure, good will, contentment
and inclination of both, shall marry together, or with the knowledge of
the Magistracy shall release and set each other free. Furthermore, both
plft. and deft, are condemned equally in this costs of the suit. Thus done
and adjudged in the Court afores** this 18*** of May, 1654.
City Hall, Friday morning, the 29^ of May, 1654.
Burgomasters and Schepens of the City of New Amsterdam assembled
by order of the Hon*"'* General.
Present — The Hon**'* General P. Stuyvesant. Burgomasters Arent
van Hattem, Marten Krigier ; Schepens P. L. vandie Grift, Olof Steven-
sen and Willem Beeckman.
The Hon^'* General communicated to the Burgomasters and Sche-
pens the current intelligence from New England, that 6 ships with muni-
tions of war &c, had arrived at Boston ; requested therefore, that means
be found for defence, in case they should come here ; consequently pro-
poses to impose a morgen tax, a horn tax and tax on lots in order to enlist
some men with it, and in the meantime to borrow money thereon.
Secondly. Whether they should send off the Company's ship, or
retain her here provisionally ?
Thirdly. Whether they should send for the people at South River or
abandon them ?
Burgomasters and Schepens are of the opinion, that they cannot
i6s4] Court Minutes of New Amsterdam. 201
decide upon the above-mentioned points without consulting the other
members of the country.
Therefore the Director General summoned by letter the Magistrates
of the villages of Breuckelen, Midwout and Amesfoort to appear on the
morrow, and give their advice, and requested Burgomasters and Schepens
then to delegate two of their Board, in order to draw up joint answers and
resolutions.
Burgomasters and Schepens resolve to meet again this afternoon.
In the afternoon again assembled at the City Hall, Mess" Arent van
Hattem, M. Krigier, P. L. vandie Grift, W. Beeckman & Oloff Stevensen.
Burgomasters and Schepens taking into further consideration the
propositions, submitted by the Director General in the forenoon, find it
difficult to come to any resolution on the first point or to give their votes
without first hearing and understanding their fellow members of this
province.
Secondly. With respect to the Hon**'* Company's ship, it is their
opinion, the Director General with his Council can come to such resolu-
tion thereon as they may deem proper.
On the 3'? they decide as aforesaid.
And whereas Burgomasters and Schepens cannot, pursuant to the
request of the Hon**'* General to delegate two from their Board for to-
morrow, agree whom to appoint, they have resolved to go in a body to the
meeting.
City Hall, Monday, the First of June, 1654.
Cornelis van Tienhoven as Attorney of the Hon**'* Pelrus Stuyvesant^
pltf. v/s Thomas Adamsen, deft and Attached. Pltf. in his quality (by
virtue of certain note bearing date if^- December 1653, being for the sum
of 4720 lbs of tobacco), demands payment of a balance of 2929 lbs of
tobacco, and in default thereof, that the attachment on the bark may be
declared valid, and that he, pltf., may be authorized to take the same pro-
visionally as security. Deft., Thomas Adamsen, acknowledges the afore-
said obligation, but [says], that he has made payments thereon to the
attorney of Pieter Jacobsen, which upon examination is found to agree
with the endorsement on the obligation, and deft, promises within three
days from date to furnish sufficient bail to the satisfaction of the Hon**^
202 Court Minutes of New Amsterdam. ti6S4
Mr. Stuyvesant and the Court, for the payment here, within 8 weeks, of
the balance of the tobacco (which on account of some remarkable obsta-
cles, he has not been able to deliver in Virginia). Parties having been
heard on both sides, Burgomasters and Schepens declare the attachment
on the vessel to be valid, until Thomas Adamsen shall have furnished
sufficient bail, and the pltf. is authorized to take the vessel as security.
Mr. Oloff Stevensen, Attorney of Mr. Jacob van Leuwen, pltf. v/s
Thomas Adamsen, deft, and Attached. For payment of 2650 lbs of
tobacco, according to obligation. Deft confesses the debt, but on account
of unusual difficulty has not as yet been able to deliver it ; promises to
give bail. Burgomasters and Schepens declare the attachment provision-
ally valid, and pltf. is authorized to hold the bark as security, until deft,
has given sufficient security here for the payment of his obligation.
Wynant Gompelmans, pltf. v/s Jacobus Schellinger, deft., demands
payment of his salary at the discretion of the Court, but asks 300 gl. per
year, being fl. 375 for 15 months lacking i or 2 days, which he has earned
in this country. Deft, states, that pltf. has not yet rendered him a proper
account and satisfaction in regard to his service ; requests therefore, that
the Court will appoint two arbitrators, to examine the accounts and then
agree on the salary he may have earned, wherewith pltf. agreeing, Burgo-
masters and Schepens appoint thereunto Pieter Comelisen van Veen and
Cornelis Steenwyck to bring parties to an agreement, if possible, or other-
wise to deliver their report in writing to the Board.
Cornelis van Tienhoven, as Schout of this City, pltf. v/s Thomas Hall^
deft. For having brought on the 5* May last, the day after the publication
of the Ordinance, 3 half barrels of beer with his own servant, dray and
horse to Egbert van Borsum's tavernkeeper, which were found there on
the 17*^ May, without having properly entered the said beer in conformity
with the Ordinance or obtained a permit therefor, whereby the revenue of
this City is defrauded ; therefore pltf. requests, that deft, may be con-
demned for his fraud as a violator of the Placard and Ordinance in such
penalty as their Worships may deem proper.
Burgomasters and Schepens of the City, having heard the demand
and answer of parties on either side, together with the declaration of the
Receiver and appointed Beer Carriers, and having paid attention to all
that is material, have, for the maintenance of their enacted Ordinance^
1654] Court Minutes of New Amsterdam. 203
condemned, as they by a plurality of votes do hereby condemn, the
aforesaid Thomas Hall in the penalty and fine of sixty guilders, as an
example to others, to be applied according to Placard. Thus done and
enacted in Court this first of June, 1654, New Amsterdam in New
Netherland.
Nicolaes Croon, pltf . v/s Jacob Haey, deft., demands as before the
payment for glass he had prepared. Deft requests, that Joch : Kock, by
whose opinion they agreed on both sides to abide, may be heard as a
witness. Joch em Koch accordingly appeared in Court and declared,
under the offer of an oath, as follows : That he was present, when Nicolaes
Croon and Jacob Haey's wife agreed concerning the glass ; and that N.
Croon said to the wife of Jacob Haey (for he asked in her opinion too
much) Do you know, that we must furnish timber measure here ?, and
says that they therefore accordingly agreed.
Burgomasters and Schepens having heard the aforesaid declaration
by which parties were to abide it is decided and ordered, that N. Croon be
obliged to deliver according to timber measure, and that N. Croon, who
subpoenaed Joch : Koch as witness, shall pay the costs of a day's wages.
Glaudie Mettere, pltf. v/s Mr. Arent van Hattem, deft. For labor,
which pltf. has performed for deft, in the village of Midwout. Whereas
parties on both sides set up great claims against each other (pltf. for
labor and deft, for damages, inasmuch as he has not performed the
agreement) and Burgomasters and Schepens know nothing of the matter,
they therefore request Jan Snediger and Jan Strycker to inspect said work
and to examine the agreement of parties and who is in fault, and according
to the facts in the case to reconcile parties if possible, or else to deliver their
opinion in writing to the Board.
Richard Clof, pltf. v/s William Strengwits, deft. For having con-
veyed one Willem Crump from Gravesend to Virginia without the know-
leged of the Magistrates against the law of this land, said Crump being
indebted to him, the pltf. requests that W. Strengwits shall pay the debt.
Deft, admits having taken said Crump with him, but pltf. and the Magis-
trates had knowledge thereof ; requests that pltf. declare under oath, that
he did not know, that Crump would leave, showing by the declarations of
four persons that pltf. Klofif had knowledge thereof. Pltf. Clof offers
to take his oath, that he did not know that Crump was to leave
204 Court Minutes of New Amsterdam. [1654
with Strengwits ; rejects the deponents witnesses, unless they be sworn.
Parties having been heard, it is decided that the witnesses shall confirm
their declarations by oath ; that Clof is to go also to Gravesend, and
therefore the following endorsement is made : Burgomasters and Schepens
of the City of New Amsterdam hereby request the Magistrates of Graves-
end, to allow the aforesaid witnesses to confirm their testimony by oath,
and at the same time to write, whether Strengwits had taken W. Crump to
Virginia with their consent or not and Ordered that these affidavits be
exhibited here again to-morrow, or else Strengwits shall be released from
the claim of R. ClofF.
Antony Jansen, Mulatto, pltf. v/s William Strengwits, deft. For
payment of 2 months' wages at 130 lbs. of tobacco per month, amounting
to 260 lbs. Deft, says he does not know Antony Jansen, but that he had
engaged Willem Schepmoes ; requests, that he serve out his time to the
last of August, he promising to pay him in full according to agreement
Willem Schepmoes being heard in Court, states, that he put Antony
Jansen in his place with Strengwits's consent, and he is not bound to serve
such a term. Parties being heard on either side, it is decided that Will.
Strengwits shall pay Antony Jansen for the 2 months he served in the
place of W. Schepmoes, and if Strengwits have any further claim, he
may institute his action against Schepmoes.
Hendrick Clasen Pataddes, * pltf. v/s William Strengwits, deft.,
requests, that he be released from service, since deft, having engaged him
to sail on his vessel, ill-treats him abusing him and threatening to sell him,
and that deft, be condemned to pay him, pltf., here his earned wages being
now 3 months, for which he has not received anything. Deft, produced a
certain contract, whereby pltf. is bound to serve until last of August ; de-
nying that he has treated him ill and promises to pay him according to
contract. Parties having been heard on either side, it is decided by the
Court that pltf. Hendrick Clasen Pataddes, must serve his time out, pro-
vided, that Strengwits shall pay him and give him satisfaction for the wages
he has already earned according to contract.
Copy.
Notice is hereby given to every person. If any one have claims
* Potato, a nickname.
i654] Court Minutes of New Amsterdam. 205
against the estate of Rut. Arentsen, dec"*, in his lifetime tailor, at Bever-
wyck, he will please present the same within 14 days after date to the
Schout of this City, on pain of being debarred of his right should he here-
atter claim anything. Dated New Amsterdam, first of June, 1654.
Lysbet Teysen, pltf. v/s Harmen d' Kuyper, deft., demands payment
of 120 gl. for i^ years house rent at the rate of 80 gl. a year ; prosecutes an
attachment of the sum of 50 gl. in the hands of Hans Jansen. Deft, says
he is willing, that pltf. shall take the attached money in deduction of the
rent, but he owes only one year's rent, as his wife paid the preceding half
year before her departure ; complains that the roof of the house is not
tight. Parties on either side having been heard, it is decided by the Court
that deft. Harmen de Kuyper shall pay pltf. the accrued house rent in full,
unless he prove the contrary, that the previous half year has been paid ;
provided that the landlady makes and keeps the house tenantable accord-
ing to agreement.
Adriaen Keyser, pltf. v/s Casper Verleth, deft. Defts 2^ default.
For difference of account and payment thereof. Whereas parties have not
yet exchanged accounts according to order and pltf. requests, that they may
be settled and brought to a termination either by an arbitration or in some
other way, therefore Burgomasters and Schepens have thereunto appointed
W. Beeckman and Comelis Steenwyck to examine into the accounts and
diflference of parties, and, if possible, to bring them to a settlement, or
otherwise to deliver their opinion in writing to the Board.
Gillis Pietersen, jiltf. v/s Lambert Huybertsen Mol, deft. Pltf. de-
mands the payment of a balance of 6 beavers, due by deft's deceased son.
Deft, admits the debt, but brings an offset of 8 gl. for rent of the scow, i gl.
for an ox and 6 gl. for plank for a boat amounting in all to 15 gl. Pltf. ac-
cepts said offset of 15 gl., but demands the remaining fl. 33 beavers down,
as he has waited a long time for the payment. Parties having been heard
on either side by the Court, deft. Lambert Huybertsen Mol is condemned
to pay pltf. the remaining 33 gl. in beavers within 14 days from date, on
pain of execution.
Dirck van Schelluyne, Attorney of Jacob StoflFelsen, answers in writ-
ing the demand of Gysbert van Imbroecke concerning the bail bond for
Schipper Lou, whereon is apostilled : Copy hereof is to be given to
party, to reply thereto at the next Court day.
2o6 Court Minutes of New Amsterdam. [1654
Augustyn Heermans prays by petition, that Poulus Leendersen Tandie
Grift may be again directed to answer in writing his remonstrance accord-
ing to order, so that the case may be definitely disposed of. Whereupon
P. L. himself answered briefly in writing : That he requests Augustyn
Heermans to exhibit act of his authority from his bail to alienate the
mortgage, when he shall answer the principal point.
Marten Rrigier and P. L. vandie Grift, at the request of the Ofl5cer,
were appointed to ascertain, whether any strong drink had been sold to
the Indians.
Copy.
The Fiscal is ordered and commanded, to notify abd inform Burgo-
masters and Schepens, that the Ministers have applied to us by petition
for their accrued salaries and as a half year's allowance has matured and
become due since the excise has been drawn by the Burgomasters and
Schepens, Burgomasters and Schepens will therefore please to furnish the
accrued half year's salary out of the receipt according to promise. Done
in the Session of the Hon**** Director General and Supreme Council of
New Netherland held in New Amsterdam this first June, 1654.
Beneath was : Agrees with the Register of Resolutions.
(Signed) Cornelis van Ruyven, Secretary.
City Hall, Monday June 8, 1654.
Matys Capito, pltf. v/s Roelof Comelisen, deft, prosecutes an
attachment served on Jan Gerritsen for the sum of fi. 8 : 16, which is due
him. Deft, denies the debt, and claims from pltf. 25 gl. for labor, saying,
that he is willing to offset the fl. 8 : 16, in case pltf. will affirm his claim
under oath, and ofifers that the work done shall be examined by two impar-
tial men, being satisfied with their verdict. Pltf. denies the debt for the
work, since it is not finished and that he himself has labored in place of
hodman, and offers to prove, or to make oath, that the sum of fl. 8 : 16 is
due him. Parties having been heard. Burgomasters and Schepens appoint
Teunis Tomasen and Pieter Jillisen, both masons, to inspect the work and
to examine the difference of parties, and, if possible, to bring them to a
settlement, or otherwise to deliver their report in writing to the Board.
Teunis Tomasen, mason, pltf. v/s Michael Paulisen, deft., de-
mands payment of fl. 13 for building a chimney according to contract.
i6s4] Court Minutes of New Amsterdam. 207
Deft, states, that the chimney smoked and that the contract was not ful-
filled ; that he was obliged to have it pulled down by other masons and re-
builty for which he had to pay 2 beavers, and contends therefore that he is
not indebted. Parties having been heard on both sides, it was decided by
the Court, that as deft, at his own pleasure had the chimney taken down
and rebuilt, pltf . cannot be prejudiced thereby ; he is therefore condemned
to pay pltf. his demand, unless he prove on the contrary, that the work
had not been done according to agreement.
Richard Bridnel, pltf. v/s William Harck, deft. Dispute concerning
a clear delivery according to bill of sale of certain lands sold. Parties
having been heard on either side, and the points produced by them exam-
ined, the Court decides that parties shall choose, each, one person to ex-
amine their dispute and claim to the land and if practicable, to bring about
a settlement ; and accordingly Bridnel chose Thomas Hal and Harck re-
quests one of the Board, who at the cost of parties shall repair to Mespats
Kill, and summon all, who have any claim to the land before them to prove
their claims, and, if practicable, to bring parties to an agreement, for which
Thursday next is appointed. William Harck requests, that they might
retire for a little while, for the purpose of seeing, whether they could not
agree to save further expense, which request was granted. W : Harck
and Bridnel again appeared in Court, and declared, they had mutually
agreed, that Bridnel shall deduct 4 lbs sterling for the purchase money
and convey the land as it is to Harck without making or reserving any
further claim and that Harck shall pay the balance of the purchase money
immediately. Parties request that this may be so recorded.
Adriaen Keyser, pltf. v/s Caspar Varleth, deft. Concerning an un-
settled account. Parties appeared in Court and stated that they were
ignorant of the last order ; therefore they are again referred to the same.
Jacob Kip, pltf. v/s Joost Goderis, deft. Respecting fl. 31 attached
in the hands of Willem Pietersen for earned fees. Pltf. prosecutes the
attachment, and requests, that it be declared valid. Burgomasters and
Schepens having understood from the mouth of pltf., that the attachment
was made for 3 months, and as no legal demand has been made in con-
formity with the Ordinance, therefore the attachment is declared null and
void, saving pltf's surety.
Cornells van Tienhoven, Schout, pltf v/s Nicolaes Terhaer, deft.
2o8 Court Minutes of New Amsterdam. [1654
For tapping to the Indians on Sundays during sermon as well as at other
times as appears /rom certain informations taken in the presence of the
appointed Commissioners, and exhibited to the Court, and also that deft,
has made a great uproar, and in his own house struck Harmen de Kuyper
in the face ; and moreover that he came with a naked knife in front of the
house of Juryaen Blanck, and there made a great uproar, and threatened
him, saying that he had betrayed him. For such misdemeanors, the
Ofl5cer demands suitable law and justice. Nicolacs Terhaer, deft, ap-
peared in Court denying the charge by the Officer, only that his wife told
him, she had exchanged one mug of beer with the Indians for fish, to-
gether with i gill of brandy info which she had put water. Burgomasters
and Schepens of this City having seen the informations taken by the
Officer for this purpose, having examined the confession of N. Terhaer,
and having taken into consideration the oiher calamities that may arise
therefrom have condemned as they hereby condemn the said Nicolaes
Terhaer from this time forth not to tap or to retail any wine or beer, and
therefore he is absolutely excluded from said business, and moreover to
pay, as an example to others, a penalty and fine of sixty guilders to be
applied i to the poor ; ^ to the Officer and J to the Bench. The votes for
the fine in addition to the prohibition of trade were : A. van Hattem, fl.
60 ; M. Krigier, fi. 50 ; P. L. vandie Grift, fl. 60 ; Olof Stevensen, fi. 60 ;
W. Beeckman, fl. 60.
Thus done and adjudged in Court, New Amsterdam in New Nether-
land this 8 June 1654.
Copy.
Whereas certain important events have transpired, so that it is
highly necessary, we should have a full Board, therefore it is our request
that you, as a member of our Board, repair to this place to-morrow morn-
ing the 9'^ of June precisely at 9 o'clock without delay whereunto we rely.
Done in Court the 8 June, 1654.
By order of Burgomasters and Schepens.
(Signed) Jacob Kip, Secretary
Superscription :
To Pieter van Couwenhoven at Amesfoort. Cito Cito.
Copy.
To the Worshipful, the Burgomasters and Schepens of the City, New
Amsterdam :
1654] Court Minutes of New Amsterdam. 209
Immediately on the receipt of the rumor and intelligence from the
North, that Captain Leveredt had arrived with four Parliament's ships
and some military troops, although the intent and certainty thereof were
unknown to us, yet we attended in person your Board on the following day
and communicated the report to your Worships ; represented the neces-
sity and the circumstance ; recommended providing means of defence
and resistance, in case it might happen, that we should receive a visit from
our neighbors as currently reported. We have not been able, to discover
up to this time that your Worships have undertaken anything towards
the defence of this City or to the repairing of its works, but it appears
that you have been lulled to sleep by an idle rumor of peace. We take
the Lord God, our own conscience, yourselves and other respectable per-
sons to witness, that we heretofore have repeatedly pointed out, as we
now represent to your Worships, the necessity and have besought you to
devise measures of assistance and money. Your Worships' words and
promises have been very fair, in consequence whereof we provisionally
surrendered to you the Tapsters Excise on the pledge, that then your
Worships would furnish means, and take care, that the Ministers of God's
Word should have their salaries paid to them. In addition to this, we
have given up to you the ammunition, materials and pioneers' tools sent
to us, all on the promise of restitution or payment, which even are now
missing, so that we cannot go on with the repairs of the Fort as the pres-
ent conjuncture imperatively demands. And it is moreover to be appre-
hended, in case we be visited, that, for want of repairs and defence of the
outer constructed work, our own arms and cannon, planted last year on
the outer works, contrary to our wish and advice, more as an injury than
defence, will be turned against us. Therefore we again request, in case,
according to your Worships' representation, the outer works cannot be
repaired and defended, that the cannon be removed and brought back
from there, where they are of no service and can do only harm or damage,
to this Fort, which we under God are determined to preserve and defend
as long, as God will be pleased to vouchsafe his blessing thereunto.
Furthermore we request that, according to duty and promise, the
small arms and pioneers' tools furnished you, may be either returned or
paid for to the end, that we may raise some men and arm them for the
better defence of this government and its fort, which have been committed
VOL. I.— X4
2IO Court Minutes of New Amsterdam. [1654
to our care ; also that the clergymen may be paid their salaries due since
your W. have received the Tapsters Excise granted you provisionally on
that condition.
Whereupon we rely, but in case we are disappointed, we hold our-
selves guiltless before God and the whole world of the calamities which
irill befall us and our good subjects.
Done New Amsterdam this 8 June, 1654. Beneath was :
Your Worship's affectionate friend & Governor.
P. Stuyvesant.
Questions submitted by the Director General and Supreme Council.
First, it is asked, Whether the Burgomasters and Schepens are resolved
and inclined in case the outside people refuse, to assist to the utmost in
fortifying, maintaining and defending this Capital, Chief City, and in case
of alarm, the circumvallation, and then at the last extremity, this Fortress,
rfor the honor of our Nation and Supreme Magistrates, as we, the Director
General and Council, here, by our signatures, promise and in the presence
.of God, swear to do. So truly Help us God Almighty,
Burgomasters and Schepens of the City of New Amsterdam answer.
On the first point : That they are willing to assist, according to their
ability, in fortifying and defending this City — New Amsterdam.
Secondly. As the propositions repeatedly submitted by the Burgo-
masters and Schepens, that the Outside people ought also to lend a hand
to the work, as well in constructing and repairing, as in defending, are
considered by the Director General and Council reasonable and just,
therefore the Director General and Council are well disposed to command
the same by public proclamation, as they can very well judge, that it is no
more than reasonable and fair that, in return for the services and expedi-
tions rendered and got up three @ four times last year by the Burgomasters
and Schepens for the Outside people, the latter should again help to for-
tify and defend this City, the rather as the same serves and tends as much
to their own preservation and freedom, as to the preservation and freedom
of the Burghers. But in case it comes to pass, that they remain absolutely
obstinate and refractory, which the Director General and Council do not
expect from all, will the Burgomasters and Schepens co-operate with the
Director General and Council in punishing the disobedient as they deserve.
On the 2I They concur in the necessity of such a Placard, and if
i6s4] Court Minutes of New Amsterdam. 2 1 1
any unwilling persons be found within the jurisdiction of this Court of
Justice, they will assist in constraining such thereto according to their
ability, which other Courts under Your Honor's Government are equally
bound to do.
Finally and lastly. Will they together with the Director General and
Supreme Council begin precisely next Monday, to put the hand to the
work, and persuade and induce as many as they can of the Burghers of
this City to assist ?
On the 3^ They will employ all diligence and means, to commence
the work most speedily, providing sound and proper Resolutions be first
adopted as to the manner the works are to be constructed and made.
Thus done in Court at the City Hall, New Amsterdam this 13*^ of
June, 1654.
Arent van Hattem 1654, Martin Krigier, P. L. vandie Grift, Wilh :
Beeckman, Pieter Wolfersen, Oloff Stevensen.
Thus done at the Meeting of the Hon"* Director General and Su-
preme Council held in New Amsterdam, New Netherland this 131* of
June A?, 1654.
(Signed) P. Stuyvesant.
And By order of the Hon**'* Director General and Supreme Council.
(Signed) Cor? Van Ruyven, Secretary.
City Hall, Monday, June 15, 1654.
Thomas Stevenson, pltf. v/s Thomas Hassardt, deft., declares, that
having a dispute with Abrani Frost, he therefore instituted his action be-
fore the Court at Newtown and the case being opened, deft. Hassardt
being one of the Magistrates, stated in Court, that he pltf. was a sharper,
of which the other was appealed to as witness ; demands proof thereof, or
reparation of character. Deft, answers, that he did not know what pltf's
claim was ; and therefore is not ready now for his defence ; requests time
to answer. Deft's request is granted, and time is given until the next
Court, when parties can deliver their plea and defence in Dutch.
Jan Cornelisen, pltf. v/s Geurt Coerten, deft. Both in default.
Jan Nagel, pltf. v/s Sybout Clasen, deft. For payment of a certain
account, sold by Jan Schut, his wife's deceased husband, to Jan Jansen,
cheesemonger, to be collected in Holland, from which cheesemonger he
212 Court Minutes of New Amsterdam. [1654
pltf., as his Attorney, had an order on deft, by letter of the loth March^
1653, to be paid by him here. He demands therefore, that deft, be con-
demned to pay. Deft, acknowledges, that he has in his hands the unsettled
affairs of J. J., cheesemonger, in this country ; but he has not to this day
received anything, and having seen the aforesaid letter, requests a copy
thereof, offering pltf., in satisfaction of his debt, to give him as payment
certain obligations and notes or to do the best himself to collect the same^
for which he demands time. Pltf. accepts in payment a note of Pieter
And' for fl. 80, which he has already in possession, and a note of Jan
■
Masten for 200 lbs. of tobacco to be received at current price, and deft
Sybout Clasen, engages to pay the remainder without exception between
this date and the next Fair, wherewith parties are satisfied.
Johannes Eeraert, pltf. v/s Wamaer Wessels, his master, deft. For dis-
charge from service, because his master, to whom he is [hired for 5 years,
treats him rudely and ill ; scolding, threatening and beating him. Deft, de-
nies, that he ever ill-treated or ill-used his servant, but says, that he is obliged
sometimes to correct him for his bad words and disobedience ; concludes,
as he has given him no cause, that his servant must be held to remain in
his service. Parties having been heard, also the witnesses of the treatment^
produced by deft.. Burgomasters and Schepens decide and order pltf. Jo-
hannes Eeraert, to go to his service and perform the same and his master's
command faithfully ; and deft, as his master, is ordered and admonished
to accord to his servant all that is reasonable, and to impose nothing
improper on him, and to conduct himself reasonably and void of complaint
Evert Duyckingh, pltf. v/s Cornelis van Dort, deft For payment of
fl. 40 according to judgment. Pltf. prosecuting his attachment served on
Jacob van Couwenhoven, requests, that the same may be declared valid^
and that he be authorized to lift his money. Deft, confesses the debt, but
says, that he does not owe pltf. beavers, which are due him there ; excepts^
that he has received no payment for the gun-carriages he has made, and
therefore cannot pay, yet is willing, that the attachment shall remain in
force, until he shall be paid wampum, or his aforesaid claim, in order
then to pay pltf., wherewith parties are satisfied.
Joost Carelsen, pltf. v/s Thomas Adamsen, deft Deft, in default
Pltf. prosecuting the attachment on deft's sloop for earned monthly wages
and disbursements being 160 gl. due him ; requests that the attachment
i6s4] Court Minutes of New Amsterdam. 213
be declared valid. The Court for contumacy declares the attachment
valid.
Olof Stevensen, pltf. v/s Comelis Jansen Coele, deft., declares, that
according to a letter from Jannetie Tompesy, the sister of Sander's wife,
a hogshead of tobacco from South River had been shipped for him in deft's
sloop ; requests, that deft, be ordered to deliver the same to him. Deft,
admits, that he had received a hogshead of tobacco from the same, but
he had received it from her on his own account. Pltf. demands due proof
thereof. Parties having been heard. Burgomasters and Schepens decide,
that the hogshead of tobacco in question entrusted to deft. Comelis Jan-
sen shall as yet remain in his possession, provided he give good security,
until a letter be received from the husband of Jannetie aforesaid, as to
whom the tobacco was shipped, with which information parties on both
sides shall be satisfied, but the tobacco shall now be inspected and weighed
by Mr. Olof and in default of bail, shall be delivered to Mr. Olof under
bond as before.
Richard Bridnel, pltf. v/s William Harck, deft., demands by petition
the remaining payment for land sold to deft, according to the agreement
entered at the last session of the Court of Burgomasters and Schepens ;
also that deft, be condemned to pay him the costs, since he has been
waiting here an entire week on the case. Deft states, that by the con-
tract it was arranged to retain certain lo pounds sterling for the claim of
the Indians, and that they had agreed only about the claim of W. Schod-
der's land ; offers to pay pltf., if he will declare on oath, that any mention
or agreement was made of any other matter, than the claim of Schodder's
land. Rridnell, pltf., offers to swear that the four pounds sterling covered
all claims. Burgomasters and Schepens having heard parties on either side
decree, that they shall be bound to observe on both sides the agreement
they made with each other on June 8 and which they caused to be regis-
tered in our Court. Pltf's further claim for expenses incurred is dismissed.
On the 15 June 1654, Michiel Jansen, residing at Pavonia within the
jurisdiction of this City of New Amsterdam, appeared before the Court
of Burgomasters and Schepens of the City aforesaid, stating that he in-
tended, for the accommodation of the neighborhood there to brew some
beer, and as it would be very inconvenient to give in a return of the same
every time, and to procure the excise permit agreeably to the Ordinance,
214 Court Minutes of New Amsterdam. [1654
he wished therefore to make an agreement with the Burgomasters and
Schepens about the excise, which being granted, Burgomasters and Sche-
pens agreed with Michiel Jansen for one year, that for all beer he shall
brew and sell at the aforesaid place, he shall pay into our Treasury the
sum of fifty guilders ; each half year one half ; and he is moreover allowed^
for the convenience of any persons going over there, also to sell them beer
by the small measure. But he shall pay in addition the legal excise on all
beer, that he may deliver at this or any other place to Tapsters or other
persons. Thus done and agreed at the aforesaid Session. Actum as
above, New Amsterdam in New Netherland.
Thomas Hassardt, deft, v/s Thomas Stevenson, in a case of slander,
appeared on June 22 before Burgomasters and Schepens, and requests
copy of Thomas Stevenson's accusation, which is granted him, to answer
thereto in writing in Dutch on the next Court day. Done as above. By
order of Burgomasters and Schepens.
(Signed) Jacob Kip, Secretary.
Burgomasters and Schepens of the City of New Amsterdam have, by
plurality of votes, nominated as Administrators of the moneys, which
shall be raised from the Merchants for the construction and repairing of
these works the Worshl Olof Stevensen and Pieter van Couwenhoven in
order, that one may be selected therefrom by the Hon*"'* Director General
and Council to disburse with the person, whom the Hon"* General and
Council shall appoint from their Board the moneys raised as aforesaid
according to order. Done New Amsterdam in New Netherland, this 16
June, 1654.
By order of the Burgomasters and Schepens of the City New
Amsterdam. Jacob Kip, Secretary.
Copy.
Whereas the Director General and Council have in consequence of
the current and continued reports, thought it highly necessary and proper
to think of the prompt and speedy security of this place, as well by con-
structing necessary new works, as repairing the old ones, both of the
Fort and of this City ; for which purpose some workmen have been sent
for and engaged ; Therefore it is necessary, to pay close attention so, that
lazy labor may not defraud the day's wages. The following persons are
hereby authorized, commissioned and appointed :
i6s4] Court Minutes of New Amsterdam. 215
Overseers and Superintendents of the works on the Fort — Hon**?* •
Nicasius de Sille, Councillor, Mr. Arent van Hattem, Burgomastei.^
Overseers and Superintendents of Works of the City New Amsterdam —
Hon"' La Montagne, Councillor, Capt. Crigier, Burgomaster, Poulus^
Leendersen, Schepen.
Overseer and Superintendent of Carpenters, Pieter Wolfersen, Schepen. •
Overseer of the Brush and Woodcutters, for Gabions — Willem Beeck-
man, Schepen.
Paymasters — Oloff Stevensen, Schepen, Cornelis van Ruyven, Sec-'
retary.
And the workmen are to this end, ordered and commanded to obey
the above-mentioned Superintendents as well particularly as generally^
and to execute with fidelity and diligence all the work assigned them by
the aforesaid Overseers and Superintendents, and the account of their
wages being made up every Wednesday and Saturday afternoon, and the
signatures of said Superintendents exhibited and shown to us, they shall
receive from us an order to be paid by the Treasurers and paymasters.
Done, New Amsterdam, New Netherland this i6 June, 1654.
(Signed) P. Stuyvesant.
Beneath was : By their order :
(Signed) Cornelis Van Ruyven, Secretary. *
City Hall, Saturday, July 18, 1654.
On the date hereof. Burgomasters and Schepens of the City of New
Amsterdam, in conformity with the following letter, cause to be published
and affixed at the City Hall after the usual preliminary ringing of the
Bell, the (Proclamation of) Peace, which has been concluded between the
Republics of England and Holland according to the printed copy.
Copy.
The Director General and Supreme Council of New Netherland.
Worshipful, Worthy, Dear, Particular :
This serves to convey the Proclamation of Peace, Union and Confeder-
ation made and concluded on the 15'** of April last at Westminster, between
Mess" the Commissioners of the Lord Protector of the Republic of Eng-
land, Scotland and Ireland on the one part and the Ambassadors of their
Noble, High and Mighty the Lords States General of the United Nether-
2i6 Court Minutes of New Amsterdam. [1654
lands, on the other part. Which Proclamation, sent us by their said No-
ble High Mightinesses, we have thought proper to communicate hereby
to Your Worships, charging and commanding you, to cause the said Proc-
lamation of Peace, Union and Confederation to be published and affixed,
where it is customary to be done, and the contents thereof, according to
its form and tenor, you are to have observed and obeyed in good faith by
all, who are or may be placed [under you. Wherewith ending, we com-
mend Your Worships to the gracious protection of the Most High. New
Amsterdam in New Netherland this 17*? of July A? 1654.
(Signed) P. Stuyvesant'*.
Beneath was : By order of the Hon*".** Director General and Supreme
Council.
(Signed) Com* van Ruyven, Secretary.
The superscription was :
Worshipful, Worthy, Dear, Faithful, The Schout, Burgomasters and
Schepens of the City of New Amsterdam, with Proclamation.
Resolved by Burgomasters and Schepens, that Mr. Marten Crigier
shall enquire of the Hon"* Director General, whether any despatches or
any other letters have come inclosed in his letter from Pairia from the
Directors or others for the Burgomasters and Schepens, or this City of
New Amsterdam, by the ship Schel recently arrived, and make report
thereof to the Board.
Mr. Marten Crugier reported that no such letter had arrived, as the
General declared.
City Hall, Tuesday Afternoon, the 21 July.
Burgomasters and Schepens of the City of New Amsterdam being
assembled by order of the Hon"* Director General, there are
Present, — Messrs. Arent van Hattem, Marten Krigier, Poulus Leen-
dersen vandie Grift, Pieter Wolfersen, Wilh : Beeckman and Oloff
Stevensen.
They were called together by the Hon"' General for the purpose of
delivering to the Burgomasters and Schepens aforesaid the Despatch
arrived in the ship Goude Beer from Mess" the Directors for them, which
was done.
i6s4] Court Minutes of New Amsterdam. 2 1 7
At the same time the person of Jacob Corteljouw was proposed by
the Hon^'' General to the Burgomasters and Schepens, as Schout.
Copy of the Despatch from the Lords Directors.
Worshipful, Respected, Worthy, Dear, Faithful :
What we have resolved on the points, which Your Worships proposed
to us in your last, you can see in the accompanying Extract, which we
have thought proper to send you as our answer, with order that you
regulate yourselves according to its import as far as it concerns you.
But on the present occasion, we cannot omit making known to Your
Worships, that it appeared strange to us that you or some of you, should
suffer yourselves to be stirred up by the disaffected so far, as not only to
assist in organizing an independent Assembly without authority, but more-
over to send in remonstrances, which we consider in the present circum-
stances to be very inexpedient, however advantageous it might otherwise
be. We write more fully to the Director General and Council our opinion
on this subject, which in season will be communicated to you, recommend-
ing and charging you nevertheless in the meantime to demean yourselves
quietly and peaceably, submitting to the government, under which you
are placed and in no wise permit yourselves to hold private conventicles
with the English or others, whether it be in form of deliberation over mat-
ters of State, which are none of your business, or what is still worse, to
attempt an alteration in the State and Government thereof ; against which
we wish to warn and admonish you beforehand, previous to our making
other dispositions therein. Trusting then, that you will discharge your
duty and obligation, we shall conclude, and commend you to the protect-
ion of God. Amsterdam this i8 May, 1654.
Beneath was : Your Worships' good friends, The Directors of the
West India Company, Chamber at Amsterdam.
(Signed) Ab' Wilmerdoncx,
At the end was : To the Burgomasters and Schepens of New Am-
sterdam.
The Superscription reads as follows :
Worshipful, Respected, Worthy, Dear, Faithful
The Burgomasters and Schepens of the City
of New Amsterdam in New Netherland.
Here follows the Extract or Annexed Paper.
2i8 Court Minutes of New Amsterdam. [1654
The Directors of the Incorporated West India Company, Chamber in
Amsterdam, having examined the annexed points, have resolved there-
upon, what is noted in the margin of each.
Abstract of the Letter of the Burgomasters and Schepens of the City
of New Amsterdam without date.
They write that their Instruction is altogether too constricted and too
limited, being unable on that foundation properly to govern their munici-
pality ; request that another be granted to them from here not quite so
limited, but agreeing as much as possible with the form of government of
the City of Amsterdam here, to which an answer is expected.
Burgomasters and Schepens of New Amsterdam will draw up and
deliver to the Director General and Council the points, on which they de-
sire some amplification or moderation.
Item. They desire also the choosing of a Schout or at least the nomi-
nation of a double number ; Fiscal Tienhoven fills indeed the said office,
but with as little satisfaction to the Burghers (who have sent in a petition
on the subject) as respect for themselves.
* The office of the Schout shall from henceforth be separated from
that of the Fiscal, but the appointment to said office shall be by the
Director General and Council, according to the order given him.
Item, that a Separation of Jurisdiction both in civil and criminal
cases, be made between the Company's Fiscal and the Schout.
* Regard will be had to this, in making out the Instruction.
That the Director has indeed granted them the excise of wines and
beer, but on the condition to maintain out of it the civil and ecclesiastical
Ministers, which is impossible, as it can pay only one third exclusive of
keeping up the City's works, etc. They therefore desire a grant of the said
excise without limitation, and that they also have authority (wherewith the
Commonalty have declared themselves satisfied, as is to be seen, by Ap-
pendix No. 5) to lay some new imposts, such as that of a small seal etc.; in
like manner also the farming of the Ferry from that place to Breuckelen, in
order to raise therefrom in the first place the borrowed moneys amounting
to about fl. 9000 expended in constructing the works and fortifications.
♦ Marginal notes in original.
1654] Court Minutes of New Amsterdam. 219
* The request, that they may not be obliged to pay the salaries here
alongside mentioned, is declined ; yet in case the Burgomasters and
Schepens are inclined to lay any nev^ small excise or impost with consent
of the Commonalty, the same is allowed, unless the Director General and
Council have any reasons to the contrary, which they shall in such case
transmit in writing to be then further examined.
Item. That they may be also authorized to execute transports and
deeds of conveyance of houses and lots sold within that City and its liber-
ties, 'and likewise mortgages, and that accordingly a City Seal, different
from the Provincial Seal may be sent them.
* Fiat ut petitur, on condition, however, that the same shall include
only houses and lots situate within the City, and in no wise extend to
houses and lots without the same ; that also the Director General and
Council be not hereby deprived of the power heretofore conferred on
them to dispose of the lots already granted, and which remain vacant. In
like manner Burgomasters and Schepens shall, when required, be obliged
to furnish the Director General and Council return of the transports,
deeds and incumbrances executed before them. An order is given for
making a City Seal.
That there be sent them in this dangerous conjuncture a good quan-
tity of munitions of war, including some muskets of 3^ feet barrel to be
distributed in time of need among the Citizens.
* The annexed request is denied. The Director General and Council
must be applied to for all necessary provision, to be by them distributed
wherever it may be necessary.
Finally they say, as, in this capacity, they own no property there, but
must hold their Session in a house belonging to the Company, so they re-
quest that this may be granted them as a gift, or else be conveyed to them
at a reasonable valuation.
* The house here alongside mentioned, is granted to the City, to be
appropriated to the use of the Regents for the time being, and for their
business, but no one shall claim from this any right to it individually,
or to alienate or mortgage it collectively.
♦ Marginal notes in original.
220 Court Minutes of New Amsterdam. [1654
City Hall, Friday, July 24, 1654.
Extraordinary Session at the instance of Jan J : Jongh.
At this session it is resolved and unanimously determined, that from
this time forth until it be otherwise ordered there shall be paid for every
Extraordinary Session, that parties wish to have out of the ordinary Court
days, to wit : for each member of the Council, four guilders ; for the
Secretary a like four guilders, and for the Court Messenger two guilders,
and that by the person, who calls for the Session. Thus done and pro-
visionally resolved.
Dated as above : N. Amsterdam in New Netherland.
Jan Jansen d* Jongh, pltf. v/s Cap* Jan Jacobsen, deft., declares,
that deft, has slandered him by saying, that he had sold the brandy had
of deft, for more than he allowed him in the account, whereof pltf. de-
mands proof or in, default, due reparation of character according to
petition. Deft., Cap' Jacobsen, answers, that he heard from Adriaen
Keyser in presence of Cornelis Coenraetsen, Jacob Vis and Abram La
Nooy, that Jan Jongh had sold not only one, but more ankers of his
brandy for 9 and 9^ beavers each, and brought only 7 beavers per anker
into the account, without specifying to whom, whence it would follow
that he had traded unfaithfully. Pltf. replies, that he had sold only 2
ankers of brandy, to wit : one to Teunis Kray and one to Nicolaes Ter-
haer for 8 beavers, which he has credited in his last account, and offers
to summon the persons to whom it was sold, into Court to testify, how
much they had paid therefor. Adriaen Keyser having been summoned
to Court, appeared and declares that he heard from Nicolaes Terhaer,
that he had paid Jan Jongh for one anker brandy 8 beavers and a piece
as half a beaver, and that it is probable that through haste or carelessness
he might have thoughtlessly said, that he had sold for 9^ beavers per
anker according to the declaration of D. Provoost and D. V. Schelluyne,
but does not know anything about it. Jacob Vis declares in Court, that
he heard A : Keyser say in conversation with Cap* Jacob, that Jan Jongh
had sold the anker of brandy at 8^ and also for 9^ beavers and that he
could prove it. Abram La Nooy being also heard, says that he cannot
say precisely, what words passed, as he was passing to and fro, and paid
no attention to the conversation.
The Court proposed to Jan d' Jongh, whether he would leave the
i6s4] Court Minutes of New Amsterdam. 221
dispute to Commissioners, or otherwise ? Answers, he is well disposed to
settle in amity and friendship, but under no circumstance will he suffer
his reputation, name and fame to be in the least injured, but must be
honorably repaired, and that he holds Cap^ Jacobsen as the man. Cap^
Jacobs has the same proposition made to him for the settlement of the
dispute. He answers, that the dispute does not concern him, saying only
that he had heard so, which he has proved or can further prove. Parties
and their points on either side having been heard and every thing having
been attended to. Burgomasters and Schepens by reason of their not be-
ing able to bring about an accommodation, order Cap* Jacob to produce
proof, that Jan Jongh had sold the brandy for more than he allowed him
in the account. And that Jan Jongh shall deliver in particulars of the
account, specifying to whom the brandy was sold, and that by the next
Court Day.
Dated as above.
City Hall, Monday, July 27, 1654.
It is resolved in Court to send the following letter to the Honorable,
the Directors, in the ship King Solomon.
Right Honorable, Wise, Prudent Lords and Patroons :
It has given us great pleasure, that Your Honors have been so well
pleased with our plain and humble petition, that we enjoy the fruits thereof
and have been admonished for the best. Most sincerely thanking Your
I
Honors for the benefits conferred on this City, we acknowledge ourselves
bound to regulate and comport ourselves agreeably to the tenor of Your
Honors' rescript.
The displeasure Your Honors feel, because we or some of us have
suffered ourselves to be stirred up by the disaffected to the organization
of an Assembly without authority, we hope will be removed and no longer
rest upon us, whenever you will be pleased to cast your eyes on the
order, which the Director General himself was pleased to give. Your
Honors may rest assured, that we have never associated with disaffected
persons and we know none such of our Nation in these parts. We have
never thought of demeaning ourselves otherwise, than quietly and peace-
ably under the Government placed over us, which we have always
endeavored and still design to do, regretting that such an opinion is enter-
222 Court Minutes of New Amsterdam. [1654
taiDcd of uSy as if we meditated holding private conventicles with the
English, or others, or deliberating on matters of State, or what is still
worse attempting to make a change in the State and in the Government
thereof, when we had no other object in view, than humbly to petition
Your Honors and to represent to the best of our knowledge the state
and condition of this country, since, in our opinion, necessity most im-
peratively demanded it ; all, however, with no other design than to wait
Your Honors' gracious favor thereon for the advantage of the country, as
in your wise discretion you might determine.
We as well as the entire body of Citizens have (without boasting)
cheerfully volunteered and zealously forwarded the outer and inner works
for the defence and preservation of these lands and kept watch and ward
and executed whatever else was required according to the pleasure of the
Director General and Council ; as is proved by the propositions made by
the Director General and Council in the month of June; and what then
took place. Having comprehended Your Honors' orders and pleasure,
we were but too ready to obey them. Therefore we expect, that all will
be received and considered by Your Honors, so as the same may in your
wise discretion, be found conducive to the general good, peace, quiet and
especially to the removal and dispersion of hatred and passion, so that as
we are now at peace with our neighbors, true and sincere Christian love
may be practised and indeed exhibited towards our superiors and in re-
turn towards us and the Commonalty.
God keep your Honors' persons long in health and prosperity ruling
unto salvation. Amen.
Your Honors* faithful subjects
Done at our Meeting The Burgomasters and Schepens of the
holden the 27 July, 1654. City, New Amsterdam, in New Netherland.
Arent van Hattem
P. L. vandie Grift 1654
Wilh : Beeckman
Pieter Wolfersen
Olofif Stevensen
City Hall, Tuesday, the 4 August, 1654.
Schout van Tienhoven delivered a certain writing from the Director
General and Council together with the Order for Thanksgiving for the peace
i6s4] Court Minutes of New Amsterdam. 223
and also the printed Placard about building on the lots within this City
and the Placard about buying and taking possession of lands without the
knowledge of the Director General and Council, requesting, that they may
be published by the Burgomasters and Schepens, which Placards and the
Day of Thanksgiving were accordingly published in front of the City Hall
after the ringing of the Bell.
The Letter of the Director General and Council to the Burgomasters
and Schepens is as follows :
Copy. The Director General and Council have at different times and
on different occasions reminded both the late Selectmen and the present
Burgomasters and Schepens of the urgent necessity, as it is customary in
other countries and especially in our Fatherland, to devise and consider of
some ways and means, whereby Civil Government, Divine Service and the
Militia may be maintained and supported and their Officers be deprived
of all cause of complaint ; but although the Director General and Council
have shown the necessity clear as the day, yet up to the present time, they
have not received any satisfactory answer thereto, nor yet any evidence of
inclination and disposition towards urging on such a necessary and custom-
ary matter, but the Burgomasters and Schepens on fair promises without
any result last year, have, as is to be seen by their own petitions, obtained
from the Director General and Council the revenue from the Tapsters'
Excise for their own Treasury, on condition, that the Clergy should be
paid and satisfied therefrom, and that Burgomasters and Schepens should
provide something additional for the said purpose, wherein Burgomasters
and Schepens have not only failed up to this date to do either the one or
the other, but up to this time they have not vouchsafed any answer to the
Director General and Council on the order given to the Burgomasters and
Schepens for the behoof of the Ministers, much less any account or proof,
of what has become of the proceeds of the Tapsters* Excise (before this
always collected into the General Treasury). The Director General and
Council are therefore compelled by their office and duty at the direction
of their Lords Patroons, once more to remind the Burgomasters and
Sehepens of the necessity of some provisions for the maintenance and sup-
port of both the civil and ecclesiastical Ministers and of the Military,
whom the Hon^A' Company have sent by the last ships aud a larger number
of whom are still expected. Whereupon Burgomasters and Schepens will
224 Court Minutes of New Amsterdam. [1654
please, without any further dilatory exceptions, to provide their quota
pursuant to the orders and letters of the aforesaid Lords and our fre- *
quently repeated remonstrance and at the same time to order their Secre-
tary and Receiver to furnish us an answer by next Monday together with
an account of the receipt and expenditure of the Tapsters* Excise. Where-
upon we rely. Thus done in the Session of the Hon"* Director General
and Supreme Council held in New Amsterdam in New Netherland this
2? of August, 1654.
(Signed) P Stu)rvesant.
Beneath was : By order of the Hon"* Director General and Supreme
Council.
(Signed) Corn? van Ruyven, Secretary.
Burgomasters and Schepens appointed Poulus Leendersen vandie
Grift and Oloflf Stevensen with Secretary Jacob Kip to prepare the account
of the expenditures incurred last year on the public works, by next Mon-
day, also the Receiver shall briefly make out the balance of the Excise and
then communicate the same to the Hon"* General together with the Reso-
lution adopted on the letter, and likewise verbally to propose some points.
Done as above at the Session aforesaid.
On the judgment of Antony Jansen v/s William Strengwits, apostilled :
At the request of A : Jansen, the Sheriff is authorized and charged to exe-
cute the said judgment according to law. Dated 31 July, 1654.
Signed by the President A : v. Hattem : and by order of the Board of
Burgomasters and Schepens.
Jacob Kip, Secretary.
Burgomasters and Schepens of this City of New Amsterdam, assembled
(except Marten Crigier) having examined a certain letter addressed by the
Director General and Council, dated August 4, on the subject of finding
some subsidy, and also to provide for the payment of the quota of the con-
structed public works, have made an estimate of the expenses incurred
and claim, that the outer and inner works constructed this and last year
for the defence of the country, will amount to about sixteen thousand
guilders ; wherein they are resolved together with the other Courts of
Justice to make up their quota, which they claim will amount to about
three thousand guilders for their share, and they do engage to furnish the
same provided, that the Director General and Council shall authorize the
x654] Court Minutes of New Amsterdam. 225
Burgomasters and Schepens to lay a tax on real estate under the jurisdic-
tion of this Court of Justice, wherever they find it. Thus done and re-
solved at the aforesaid Session this lo August, 1654, New Amsterdam in N.
Netherland.
Arent van Hattem, 1654, P.L . vandie Grift, Wilh : Beeckman, Pieter
Wolfersen, Oloff Stevensen.
City Hall, Monday August 10, 1654.
Jan J: de Jongh, pltf. v/s Cap' Jacob, deft. Cap' Jacob, deft., being
in default Jacob Vis appeared in his place. Pltf. persists in his previous
demand and gave in according to the order of 24 July last a full specifica-
tion, when, to whom and how the wine, he had of Cap' Jacob, had been
sold, offering to bring the persons to whom it was sold, into Court for
examination. Deft, proved by the testimony of Comelis Coenraetsen and
Jacob Vis, that A. Keyser had said to Cap' Jacob, that Jan d' Jongh had
sold the brandy for 9 beavers the anker, and further not. The Court, hav-
ing examined the papers, decide that copy of the items of the account be
furnished to Cap' Jacob, and if he has anything to show contrary to the
account, he is ordered to bring it in by the next Court day, or, in default
thereof, the matter will be finally disposed of, etc. Done as above.
Thomas Hall, pltf. v/s Thomas Stevenson, deft. Deft, in default,
but leaves a request for a copy of the demand in order to answer thereto
at the next Court day. Pltf. therefore making his declaration as Attorney
of William Robbins, living at the Fresh River in Connecticut, demands
payment of 12 pounds 12 shillings English for money, which he had re-
ceived from the brother of Robbins in England in the year 1641, for
which he was to purchase some goods, and send them hither, as appears
by a certain writing. Ordered by the Court, that copy of the declaration
shall be furnished to Thomas Stevenson, deft., to answer thereto precisely
at the next Court day.
Jan Vinje, pltf. v/s Poulus Heymans, deft. Deft, in default.
Adrian Vincent requests by petition permission to retail brandy and
other strong liquors out of doors by the large and small measure.
Whereupon is ordered : Petitioner's request is granted on condition that
he pay the proper Tapsters' Excise. Dated as above, being the 10 August.
City Hall, Monday, August 17, 1654.
Jacob Kip, pltf. v/s Judith Verleth, deft. Deft, in default, but
▼OL. I.— 15
226 Court Minutes of New Amsterdam. [1654
caused to be delivered to the Court a certain writing. Pltf. prosecuting
the attachment served on Poulus Leendersen vandie Grift, (for payment
of fl. 30 according to judgment of January 12 last), requests, that he may
lift the money according to the aforesaid judgment. Burgomasters and
Schepens having examined the writing and having attended to every par-
ticular, do persist in their former judgment granted on the 12*^ of Janu-
ary, 1654, and authorize pltf. to lift the attached moneys, which is indorsed
on the paper by the President.
Jan Vinje, pltf. v/s Poulus Heymans, deft., demands payment of fl.
37:10 for beer delivered. Deft, confesses the debt, and engages to pay
next week without delay, which pltf. accepting, parties retire.
Jan Vinje as Attorney for Teunis Dircksen Poentie, pltf. v/s Poulus
Heymans, deft., demands payment of fl. 93:10 for boards by him sold and
delivered 2 years ago to deft. Deft. Poulus Heymans confesses the debt,
and offers to give him an order on persons, residing at Fort Orange.
Parties having been heard. Burgomasters and Schepens condemn deft, to
pay within 4 weeks from date, etc.
Thomas Hall, pltf. v/s Thomas Stevenson, deft. Pltf. persisting in
his previous demand, requests, that the Court will appoint arbitrators or
commissioners for the purpose of examining and settling the case at the
least expense and shortest delay. Deft. Thomas Stevenson delivering
his answer and counterdemand in writing, says, he is satisfied with the
award and decision of the commissioners to be appointed thereto. Bur-
gomasters and Schepens of the City therefore appoint as arbitrators Cap'
Thomas Willet and Mr. Isaac Allerton, who are hereby authorized, at a
convenient time to be appointed by them, to examine the dispute of the
parties, and, if practicable, to bring them to an accommodation and to
make an award according to the circumstances of the case or otherwise
to report to the Board their opinion in writing.
Gerrit Jansen Klinckhamer, pltf. v/s Lourens Cornelis vander Wei,
deft., demands payment of fl. 24 for earned monthly wages. Deft, con-
fesses the debt, but the question is only, whether pltf. is not bound
to pay part of the loss of the scow by the mate. Parties having been
heard. Burgomasters and Schepens of the City condemn deft. Schipper
Louw, to pay the remaining monthly wages, whereas he acknowledges
that Gerrit Jansen was not at work on the day the scow was lost, but
1654] Court Minutes of New Amsterdam. 227
was exonerated by other mates, as well as by the deft. Schipper Louw
himself.
Thomas Stevenson, pltf. v/s John Barcker, deft. Deft, in default.
Hage Bruynsen, pltf. v/s William Harck, deft. Pltf. declares, that
he bought a canoe of the Indian for a cloth coat, that cost him i beaver
and I guilder making in all 9 guilders, requesting that he may retain the
canoe, which deft, has taken away against his will, or otherwise, that he
be paid what he gave therefor. Deft, says, that he bought the same
canoe of the Indian in the presence of Govert Loockermans and that he
gave fl. ii:io for it, which canoe Harck's mate found, and took away as
if it were his own, but offers to pay the half of what Hage Bruynsen gave
for it. Parties having been heard, it is decided by the Court, that W.
Harck shall be bound to restore the canoe to Hage Bruynsen for which he
has paid, and which canoe he has taken away without consent of Hage
Bruynsen and without any claim thereto.
Francoys Doudey, pltf. v/s Jan Larens, deft. Deft, in default.
Pltf. explaining his case, which is for payment in full of what was prom-
ised him as Minister of Flushing, it is decided by the Burgomasters and
Schepens, that the case cannot be decided by them, but the petitioner
must address himself to the Hon"* General and Supreme Council, and
at the same time to the Consistory.
Antony Pietersen, pltf. v/s William Strangwits, deft. Pltf. accord-
ing to previous judgment demands payment of his earned wages, being
260 lbs. of tobacco. Deft, says, that he is willing to pay pltf. on deduct-
ing the freight and duty on the tobacco. Parties having been heard.
Burgomasters and Schepens condemn deft. Strangwits to pay pltf., An-
tony Pietersen, according to former judgment without longer delay, and
he is debarred from his claim of freight and duty on the tobacco, as he
was obliged to pay him before this time.
Jan Lambertsen, pltf. v/s Lysbet Pietersen, deft. Pltfs wife appear-
ing, demands payment of 15 guilders, the balance coming to pltf. in the
sale of a certain dwelling house. Deft, confesses to owe the 15 guilders,
when Calebuys the carpenter, has clearly and completely executed her
work, agreed for in the purchase, and then a sufficient deed must be
given, claiming that she is not obliged to pay before that time. Parties
having been heard, Jan Lambertsen is ordered to have the work com-
228 Court Minutes of New Amsterdam. [1654
pleted according to the contract of sale, which being done, and a suffi-
cient deed having been given, Lysbet Pietersen shall pay the remaining
15 guilders.
Roelof Jansen and Jan Gerritsen, masons, pltfs. v/s Jan Hendricks
Koopal, deft. For payment for constructing a cellar under deft's house
according to obligation and agreement. Deft, confesses the debt, promis-
ing honestly to pay pltf. within 14 days before the departure of the ships
to Fatherland, what is due him according to contract on the condition,
that the remaining work be finished, for which he promises to deliver the
materials, so that there shall be no delay. Pltf. being satisfied with this,
deft, is ordered to fulfill his engagements without delay.
Pieter Pietersen and Gerrit Jansen Roos, carpenters, pltfs. v/s Jan
Hendricks Coopal, deft. For payment of a balance for work done to
deft's house, complaining of the great damage and loss of time they sus-
tained in not being able to go on with their work through the want of
materials. Deft explains how that through remarkable hindrances he has
not been able to provide the materials, but engages to deliver here within
3 weeks the timber and whatever else is wanting. And when the same is
here, the carpenters promise to commence and finish the work, which
being done, Jan Coopal, deft., who is now condemned, shall be obliged
to pay then in full according to contract.
Whereas Cap* Jacob has now failed to answer or to bring in, accord-
ing to the order of the 10*?! of August, what objections he may have to the
account of Jan Jongh, an authentic copy whereof was placed in his hands,
therefore on the urgent request of Jan Jongh for despatch of the case.
Burgomasters and Schepens hereby for the second and last time once
more order deft, and he is hereby notified through the Court Messenger
to bring in his objection, if any he have against the said account by next
Monday or in default thereof, he shall be debarred from all pretension
and defense and the Court shall proceed to judgment.
Nicolaes Terhaer appeared in Court, humbly praying that his late
occupation of tapping may be restored to him. Petitioner must present
his petition in writing and then attention will be paid to his case. Mean-
while he is expressly prohibited Jrom tapping without proper consent.
Whereas Roger Geeff, seaman on board of the bark called the
Swallow, whereon Cap Richard Barentsen is merchant, died on the 8%
x6s4] Court Minutes of New Amsterdam. 229
of August on the voyage from Virginia to this place, and having left
little, if any, property except some old clothes and two bills of exchange
amounting to the sum of 8 pounds 4 shillings English, as appears from
the inventory produced to us, therefore the said Capt^ Barentsen being,
in the absence of any heir, the next friend, has, in order to have the body
interred and debts discharged, paid divers expenses, as by bill of particu-
lars appears to us amounting to the sum of fl. 54 : 16, and no more than
fl. 30 : 8 having been realized from the property left by the aforesaid
Roger, when sold by vendue as appears by account; therefore Burgo-
masters and Schepens of the City of New Amsterdam have appointed and
commissioned the above-named R. Barentsen administrator of the effects
left by the aforesaid R. Geeff, and have put the said bills of exchange
into his hands to receive the amount of them, out of which to pay the
expenses and to restore the surplus to the lawful heir. In witness this
is signed by the President and Secretary by order this 17 August, 1654,
at the Session aforesaid.
City Hall, Monday, August 24, 1654.
The letter received through Mr. Allard Anthony per the ship from
France, the superscription whereof was : To the Burgomasters and Sche-
pens of the City of New Amsterdam, and delivered to Burgomaster
Hattem is opened in the aforesaid meeting ; it is dated 3 Nov. 1653.
William Mosbrouw, pltf. v/s Mr. Lubbert van Dincklagen, deft.,
demands, that deft, (of whom he has rented certain land) shall be con-
demned to fulfill his contract in all its parts, since he has suffered great
damage thereby, and is still suffering, as he is not able to keep any seed
or property dry under cover, and that he be paid for the damage he has
already sustained through the non-fulfilment of the contract. Deft, says,
that on account of many difficulties and obstacles arising from war he
has been under great expense and therefore requests to be excused, until
the arrival of the next ships from Fatherland, and maintains that he has
done no damage to the tenant. Burgomasters and Schepens having
heard the parties on either side and having examined the contract entered
into by parties on the 8 September, 1653, do order, that Lubbert van
Dincklagen is obliged without any further delay to fulfill the contract.
Pltf. by way of accommodation says, that deft, may have time allowed
230 Court Minutes of New Amsterdam. [1654
him, so that the house shall be ready within one month from date, but
with respect to his oxen and what appertains to them these must be ready
between this and Saturday next, which the Court orders deft, to do for
pltf., and in respect to pltf's claim for damages sustained, he has the
privilege of instituting his action hereafter.
Thomas Stevenson, pltf. v/s John Barcker, deft. Defts 2 default.
Adriaen Keyser, pltf. v/s Caspar Verleth, deft. Pltf. prays, that
deft, be condemned to satisfy in full the award of the two commissioners
(dated 26 July, 1654) for unsettled account. Deft, prays, that A. Key-
ser shall also be obliged, to fulfill the award of G. Loockermans and Jan
L. Appel dated 13 January, 1654, concerning account between him
A. Keyser and Augustyn Heermans and the fl. 90: 11 : 14, according
to assignment of the last of May, 165 1. Adriaen Keyser says, that he
knows nothing at all about Varlet, and if Augustyn Heermans has any
claim, he is ready to answer and satisfy him. Caspar Verlet says, he is
not satisfied with the award of arbitrators for reasons he vrebally gives,
requesting they may be taken into consideration. Parties having been
heard, the Court decides and orders that the previously appointed com-
missioners shall be summoned to meet by the first opportunity and that
one of the Court, viz., Oloff Steven sen, shall be present, who is author-
ized then finally to decide the matters and differences.
Joost Carelsen, pltf. v/s Michiel de Karman, deft. Deft, in default
Hendrick, drummer, pltf. v/s Antony Lodewycksen, deft. Deft, in
default.
David Provoost, pltf. v/s Joost Carelsen, deft., demands payment of
fl. 8 for school money. Deft, confesses the debt ; but says that Michiel
Poulisen deducted the same from his rent and he thought all along that
it had been paid. Parties being heard, deft is condemned to pay pltf.
Egbert Woutersen, pltf. v/s Jacob van Couwenhoven, deft. Deft, in
default.
Thomas Adamsen, pltf. v/s Pieter Jacobsen, Cap' Geurt Teysen's
Lieutenant, deft. Pltf. declares, that about 2 years ago on a voyage with
his bark to the West Indies, he delivered out of his vessel to Cap' Geurt
Tysen certain provisions and other things as by affidavit appears, upon
the promise, that he should be paid for them, and setting fire to his bark,
Cap' Geurt Tysen promised to give him in the place thereof, the first
i6s4] Court Minutes of New Amsterdam. 231
vessel he should capture and as none of this has been fulfilled, he
demands that deft, as Lieutenant and Attorney of Cap* G. Teysen, shall
be condemned to pay him here. Deft says, that he knows nothing at all
about the matter, unless he is shown the act and handwriting of the
Captain ; he is ignorant what agreement pltf. entered into with the
Captain and whether his claim may not have been satisfied, maintaining
that in case he had any claim, he ought to have presented such before
the departure of the Captain who put up a public notice and called upon
every one to bring in his claim. Parties having been heard on either
side, pltf's claim against the Lieutenant is for the present dismissed, but
if it is legal, he may institute his suit against the Captain or the person,
whom before his departure he had made his Attorney.
Whereas Cap^ Jan Jacobsen (according to the order of the Burgo-
masters and Schepens in the matter of his dispute as deft, v/s Jan
Jongh) on this date has given in his answer in writing, therefore having
examined the same the Court orders, that two of the Board shall be
appointed to examine the difference and settle the question by arbitra-
tion, whereunto are nominated Poulus Leendersen vandie Grift and
Pieter van Couwenhoven.
On the petition of Jan Valentyn for permission to tap, is apostilled :
Petitioner's request is granted, provided he pay the proper excise,
unless the Hon"* General (one of whose servants he is) object.
On the petition of N. Terhaer for permission again to tap is apostilled :
Petitioner's request shall be hereafter attended to, if he behave prop-
perly and keep his promise ; but for the present, his tapping is denied.
Auken Jansen and Christiaen Barentsen, carpenters, being summoned
to Court about the sheet-piling which they had constructed at the Graft
and is again fallen down, it was taken into consideration, that the same
had caved in in consequence of the heavy rain and water ; therefore
Burgomasters and Schepens have agreed with the abovenamed carpen-
ters to pay for reconstructing it and bringing it again in good condi-
tion the sum of 32 guilders (besides providing two men as diggers) on
condition that all shall be done and properly repaired in a workmanlike
manner, etc.
To the Right Honorable Director General and Supreme Council of
New Netherland.
232 Court Minutes of New Amsterdam. [1654
The Burgomasters and Schepens of the City of New Amsterdam
with all due reverence and respect represent :
That on the 21*^ of July being assembled collegialiter at the invita-
tion of the Hon"* Director General, his Honor did in the presence of
two ministers, Dominies Megapolensis and Driesius, call their attention
to the letter of the Directors of the Chamber of Amsterdam, the Lords
and Patroons of this Province of New INetherland, and to their request,
and therefore being admonished to think no more of all that had ever
passed heretofore and to live in future in all friendship, which was
mutually promised. At the same time the Hon"* General delivered to
the Burgomasters and Schepens a despatch sent by the Honorable Lords
to the Burgomasters and Schepens, according to which we are determined
to regulate ourselves and to obey all that is therein mentioned.
Therefore the Director General and Supreme Council have been
pleased by a certain writing dated the 4*^ of August, delivered to us, par-
tially to reprove us for certain omissions and to urge upon us the great
necessity to devise some ways and means, to support and maintain the
civil and ecclesiastical service and the Military, who have come in the
ships from Fatherland and are still expected to arrive in others, and to
make provision for the payment of the quota of all the money taken up
for the making of the public walls and works, etc. ; in addition thereto
that the Burgomasters and Schepens had obtained last year the receipt
of the Tapsters* Excise from the Director General and Council on the
condition, that the Church expenses be paid out of it and that the Burgo-
masters and Schepens should furnish something else as a supplement
thereto.
Whereupon Burgomasters and Schepens of the City of New Amster-
dam who consider nothing else, but the welfare, union and advantage of
this City and their Superiors of this province, in order then first to put
everything on a solid foundation, have as precursors offered as their
quota the sum of three thousand guilders, as appears by Resolution of
the 10*^ of August, transmitted to the Director General, and the other
Courts contributing in proportion, they maintain, that the borrowed
moneys and incurred debts can be paid off.
And whereas it has been decided by the Honorable Directors as
Lords and Patroons of this Province, as appears from the 4^ Article of
1654] Court Minutes of New Amsterdam. 233
the despatch sent to the Burgomasters and Schepens, that the excise shall
be paid into our Treasury and be there received ; Therefore we do, by
these presents ; offer to take upon us to support henceforth at the expense
of this City of New Amsterdam :
Of the Church — One of the Ministers, one Precentor, being at the
same time Schoolmaster, one Dogwhipper (Beadle).
Of the Municipality — The Schout, both the Burgomasters, the five
Schepens, the Secretary, the Court Messenger and what we further shall
deem necessary to have, and the Burgomasters and Schepens in conformity
with the letter of the Lords Patroons will devise some small subsidies (of
which the Hon"* General and Council shall then be informed) in case
the revenue shall not be sufficient.
With respect to the proposition of the Director General and Council
for the support of the Military, Burgomasters and Schepens maintain,
that the Burghers of this City are not able to do it, and also ought to be
excused (as it does not concern this City exclusively, but the Country
generally) for the reason that we and our Burghers have continually
been heavily burthened with public works, expeditions, watches etc., and
have proved ourselves willing and foremost in time of danger, and are
obliged to defend ourselves.
And whereas the Hon"* General proposed to us on the 21" of July,
1654, the person of Jaques Corteljouw to serve in the office of Schout of
this City of New Amsterdam and nothing being done as yet therein.
Burgomasters and Schepens request, that the Schout may be appointed
in conformity with the order of the Lords Patroons.
Whereas on last Thursday being the 27*** of August, P. L. vandie Grift
and Oloff Stevensen were invited to the meeting of the Hon"* General
and Council in respect of certain apprehensions ; at that time it was
stated by the General and Council, that their Honors were intending for
the benefit of the Board of Burgomasters and Schepens to impose a tax
of one per cent on all real estate ; and whereas Burgomasters and Sche-
pens on the 10* of August last submitted to the Hon"* General an Act,
wherein they engage to raise for their quota the sum of three thousand
guilders with this condition, that they may raise some revenue from real
estate ; therefore they have once for all resolved, to levy the one per cent
on all real estate within the jurisdiction of this Court. We trust that the
234 Court Minutes of New Amsterdam. [1654
Hon"" General and Council will have no objection thereto. Done at the
Court of Burgomasters and Schepens (Marten Crigier and Willem Beeck-
roan being absent) at the City Hall in New Amsterdam this 31'^ of
Au gusty 1654.
Aemt van Hattem 1654, P. L. vandie Grift, Pieter Wolfersen, Oloff
Stevensen.
City Hall, Monday, August 31.
Present — Messrs. Arent Van Hattem, P. L. Vandie Grift, Pieter Van
Couwenhoven, Oloff Stevensen and Cor". Van Tienhoven.
The wives of Mr. Jacob and Mr. Hans, surgeons here, appeared in
Court and prosecuted a certain attachment served on Jacob van Couwen-
hoven, Mr. Jacob's wife for the sum of fl. 194, and Mr. Hans's wife for fl.
12, for what was due thereon on a note of Richard Bolleck's, requesting
that the attachment may be declared valid. The Court having seen the
note, declare the aforesaid attachment provisionally valid.
Thomas Stephenson, pltf. v/s Thomas Hall, deft. Pltf. requests by
petition, that deft, as Attorney of John Robbins of Connecticut shall pay
him and allow him to offset the freight of his bark with interest thereon
for over 10 years, being 7 pounds sterling for freight and /? [^] pound
sterling interest, which in the arbitration of the Commissioners has not
been disputed or adjusted. Deft, states, that he has no authority relative
to the claim of pltf. and that he is ignorant of the matter, but says in case
pltf. can prove by the handwriting of Robbins, that this is coming to him,
he promises to offset and pay it, giving pltf. besides one month's time after
the expiration of the Arbitrators* award to prove his claim. Parties being
heard. Burgomasters and Schepens order Thomas Stevenson to prove,
that J. Robbins has not yet paid the aforesaid freight of his bark and then
further disposition shall be made of the matter, for which the time of ten
weeks from this date is allowed him to prove the same and in case he fail
to prove it within the time aforesaid he shall be bound to satisfy and pay
Thomas Hall the award of the Arbitrators.
Hendrick Hendricksen, drummer, v/s Antony Lodewyckse, deft.
Defts. 2 default.
Joost Carelsen, pltf. v/s Maryd* Karman, deft., demands payment
of fl. 8, which he is condemned to pay to D. Provoost and which is de-
1654] Court Minutes of New Amsterdam. 235
ducted in his rent. Deft, says, she paid pltf. his rent in full according to
receipt ; and that she paid D. Provoost 8 gl. schoolmoney herself in the
presence of the pltf. The Court order, that parties shall appear before
the Board on the next Court day with D. Provoost, senior, in order to
be heard on the premises.
Grietie Wamaers, pltf. v/s Daniel d* Sille, deft. Pltf. declares, that
deft, promised to marry her, exhibiting deft's signet ring, which she received
thereupon together with two different letters written by him to her dated
1 1^ of May and first of June last and says she slept with him, requesting
therefore, that he, deft, be condemned lawfully to marry her. Deft
acknowledges that he gave the promise, but says that he has no copy of
the letters written to her, yet admits that they are in his own handwriting.
Parties being heard, the Court order, that copy of the letters written to
pltf. shall be furnished to deft, in order to answer thereto in writing at the
next Court day.
Thomas Appelgat, pltf. v/s William Harck, deft., requests, as
Grandfather of the surviving child of Thomas Farrington, that deft, shall
deliver up to him the goods and cattle, which he as Curator of the
said child has in his possession according to the judgment of the Hon^**
Director General and Council. Deft, states, that three were chosen and
appointed with him as Guardians and must be summoned conjointly and
offers to give over to pltf. what he has in his possession belonging to the
child, provided that Appelgat shall give sufficient security for the faithful
administration of the property. Parties being heard, it is ordered by the
Court, that Appelgat may cite Harck and the other Guardians to appear
on the next Court day and if they then are willing to deliver up to Appelgat
or have no valid reason, then shall Appelgat be held to give other and suffi-
cient security for his proper administration thereof.
Thomas Wandel, pltf. v/s Mr. Koo, deft. Deft, in default.
Jan Aryaensen, pltf. v/s Joost Goderisen, deft. Deft, in default.
Teunis Kraey, pltf. v/s Jan van Bocksel, deft. Pltf. demands pay-
ment of about 50 gl. for having caused to be made one suit of clothes
with its appurtenances. Deft, acknowledges the debt, but says that he had
hired himself to pltf. for 90 gl. a year, and that he was dismissed from his
service in the winter ; claims half wages. Pltf. says that he put him out
of his house for good reasons. Deft, wished to know the reasons, which
236 Court Minutes of New Amsterdam. [1654
were ordered to be mentioned. Whereupon pltf. states that deft, had on
Sunday during divine service thrown his, pltf's, little daughter on the bed
according to her declaration, and had attempted to violate her, and if the
daughter had not screamed, and there had been no dread of alarm, he
would have accomplished his object, all which the Deft denies. It is
ordered that the officer shall take cognizance of the matter, and in the
meantime, parties are ordered to bring in their specifications of accounts,
and how their agreement is made.
Jan Cornelisen Clyn, pltf. v/s. Geurt Coerten, deft., demands for
carpenter's work and sundries according to account the payment of the
balance being fi. 1 7 : 12. Deft, says, that the work is not finished and when
the same is done he offers to pay him what he owes ; maintains that it is
now only 10 gl. It is ordered by the Court, that Jan Cornelisen shall finish
his work and that Geurt Coerten shall then pay him in full all that is com-
ing to him.
Hendrick Jansen, smith, pltf. v/s. Richard Bulleck, deft. Pltf's wife
present and deft, in default.
Roelof Jansen, pltf. v/s. Jan Gerritsen, deft. Both in default.
Philip Geraerdy, pltf. v/s Lodewyck Pos, deft. Deft, in default.
At the Session of the Burgomasters and Schepens it is resolved and
decided, that both the Burgomasters and Schepens shall each draw from
the receipt of the excise fl. 100 in part payment of their salaries. There-
fore Jacob Kip is ordered to pay each of the Board one hundred guilders
out of the excise. Done as above.
Wilh : Beeckman. Arent van Hattem. 1654.
Pieter Wolfersen. Martn Krigier.
Oloff Stevensen. P. L. vandie Grift.
Pieter Jacobsen Marius, pltf. v/s Tennis Kraey, deft. Pltf. de-
mands for Lourens Heyn payment of fi. 32, for William Hoock fl. 48 and
for himself fl. 12 : 15 for duffels sold to deft, and delivered, amounting to
fl. 92 : 10 according to account. Deft, answers first, that William Hoock
himself promised to pay and will immediately pay ; secondly, that his wife
paid Lourens Heyn ; thirdly as to pltf's demand of fi. 12 : 15 he says, that
he delivered to him several years ago a canoe for it and that he is not in-
debted to him ; but yet if pltf. undertake and will declare, that he has not
been paid, he will satisfy him. Pltf. takes upon himself to say and declare
1654] Court Minutes of New Amsterdam. 237
that he has not been paid. Therefore it is ordered that T. Kraey shall
pay pltf. (1. 12 : 15 for the duffels and he shall also pay Pieter Jacobsen^
Attorney for W. Hoock, the fl. 48 upon taking a receipt and copy of pro-
curation. And with respect to the demand for Lourens Heyn, the wife
of Teunis Kraey shall testify on the next Court day and declare that she
has paid Lourens Heyn.
This day, this 31*:' of August of the year 1654 appeared Poulus
Leendersen vandie Grift and Pieter van Couwenhoven, appointed by
Burgomasters and Schepens of this City of New Amsterdam to examine^
liquidate and settle the differences in the accounts between Cap' Jan
Jacobsen and Jan J. d* Jongh. They find that the said Cap' Jan Jacob-
sen first declared, that he has nothing to say to the account delivered to
him by Jan Jongh, but that the same is just and fair ; therefore he fully
approves it without reserving in the least now or henceforward any action
or pretension, but releases the abovenamed Jan Jongh from all further
action or claim, which may be made by him or anybody in his name. In
testimony of the truth the minute hereof remaining in the Record is
signed by the abovenamed Cap' Jan Jacobsen and the aforesaid commiss-
ioners. Done as above N. Amsterdam in N. Netherland.
P. L. vandie Grift and Pieter van Couwenhoven appointed by the
Burgomasters and Schepens of the City of New Amsterdam to examine
the differences which have arisen between Jan J. d* Jongh and Cap' Jan
Jacobsen in regard to certain account of wines, that have been sold and
to reconcile parties, — having heard the parties and examined the papers
on both sides, have found it just, that Cap' Jan Jacobsen shall be bound
to pay the costs incurred in this suit, provided that he shall hold his
guarantee against Adriaen Keyser and that Jan Jongh shall pay the ex-
penses or the treat disbursed at this arbitration, which we have found to
be just. In testimony, we have signed this, this 31 August, 1654 New
Amsterdam.
(Signed) P. L. vandie Grift. Pieter Wolfersen.
To my knowledge, Jacob Kip, Secretary.
We the undersigned Gap' Jan Jacobsen and Jan J. de Jongh hereby
declare, that we on both sides submit to the above award of the commiss-
ioners and in the presence of the above-mentioned commissioners pro-
mise never to think of disputing, or to give one another the least trouble
238 Court Minutes of New Amsterdam. [1654
in the matter, under subjection and submission to all Courts. In testi-
mony this is signed by parties on both sides together with the Commiss-
ioners. Done as above New Amsterdam in New Netherland.
P. L. vandie Grift. John Jacobsen.
Pieter Wolfersen. Jan Jansen d* Jongh.
To ray knowledge, Jacob Kip, Secretary.
Resolved, that the Committee on Arts, Sciences etc., cause the
translation of the Dutch Manuscripts alluded to in the foregoing report,
(comprising the Minutes of the Common Council of New York,) into the
English Language, and that said Committee be and they are hereby Au-
thorized to employ a proper person to make such translation provided the
same can be done at an expense not exceeding fifteen hundred dollars.
Adopted by the Board of Aldermen Dec 20**", 1847.
Adopted by the Board of Ass' Aldermen Jan 17**", 1848.
Approved by the Mayor January 22?, 1848.
In pursuance of the above resolution the Committee on Arts, Sciences
etc., have engaged Doctor Edmund B. O'Callaghan to translate into Eng-
lish the aforesaid Dutch Records or Minutes of the Common Council from
1654 to 1674.
D. G. Valentine,
Clerk of Common Council.
Note : The words foand within [ ] in the following translation, are
inserted to supply deficiencies caused either by the destruction or the illegible condition
of the Original Record. Translator.
Monday, the 7^ Sept. 1654.
Present — Arent van Hattem, P. L. vander Grift, OloflF Stevensen and
Pieter Wolphertsen.
Daniel de Sille and Margritta Warnaers appeared in Court, the plain-
tiflF persisting in her previous [statement]. Daniel de Sille answers briefly
in writing, and [demands] that she be declared inadmissible, as she passed
through her minority without the knowledge of her guardian. The pltf.,
Margritta Warnaers, further sais, that she is pregnant by him. Daniel de
Sille acknowledges to have slept with her ; does not know if she be preg-
nant by him ; has no knowledge of her than that she ran along
i6s4] Court Minutes of New Amsterdam. 239
the road with a can of wine one evening. Parties having been heard, the
Worshipful Court decided, that P. L. Vander Grift shall take the papers
on both sides and communicate the same to the Director General and
Clergy, and receive their advice thereupon.
Philip Geraerdy, pltf. v/s Lodewyck Pos, deft. Both default.
Capt. Jan Jacobsen, pltf. v/s Adriaen Keyser, deft. Pltf. rendering
his demand in writing, being for the costs accruing in the suit between
him and John Young relative to A. Keyser's statement concerning wines
which had been sold. Deft, asks for a copy of the papers to answer thereto,
which was allowed and he was ordered to reply on the next Court-day.
Dirck van Schelluyne as Attorney for J. Schellinger, pltf. v/s Pieter
Andriessen, deft. Deft, in default. Suit is for beavers amounting to fl.
497. With bill of particulars.
Dirck van Schelluyne, as aforesaid, pltf. v/s Tho* Adamsen and Mr.
Bosser, defts. Defts i default. Pltf. appears in Court and regretting the
arrest of the Bark and Cargo for the payment of 962 lbs of Tobacco, be-
longing to Tomas Adamsen solely, on an obligation of Mr. Bosser and
Tomas Adamsen for 3456 lbs. of Tobacco, demands that the arrest be
declared valid, and as defts. are in default, that they be taken into custody
until judgment be rendered. The obligation being examined, the arrest
was provisionally declared valid.
Jan Adriaensen. pltf. v/s Joost Goderisen. deft. Pltf. demands pay-
ment of fl. 196. on an obligation dated 17^ Sept. 1652, as he is now about
to return to Patria and cannot conveniently wait. Deft's wife appears in
Court in the absence of her husband and acknowledges the debt, and
says that they find it impossible to pay at present, but promises to
make the greatest efforts to discharge the debt. The statements of both
parties being heard, deft, was by the Burgomasters and Schepens, con-
demned to pay the pltf. without delay, agreeably to the obligation
aforesaid.
Arent van Hattem, pltf. v/s Andries Pietersen, deft. Deft, in default
Tennis Kraey and Jan van Blocksiel handed in, each a certain written
request, relative to their differences and the demand of Teunis Kraey.
And whereas it is found that the question is only whether Teunis Kraey
has legally ejected the Aforesaid Blocksiel* or not, the Officer (Sheriff) is,
therefore, authorized to inform himself of the complaint of Teunis Kraey,
240 Court Minutes of New Amsterdam. [1654
and to tell Jan van Blocksiel that, in the meantime, he shall not depart
before the question at issue be disposed of.
The Heer Tienhoven present.
Jacques de la Motthe, master of the Bark Sf, Charles^ by a petition,
written in French, requests payment of the freight and board of the Jews *
whom he bought here from Cape St. Antony according to agreement and
contract in which each is bound in solidum^ and that, therefore, whatever
furniture and other property they may have on board his Bark may be pub-
lickly sold by order of the Court, in payment of their debt. He verbally de-
clares that the Netherlanders, who came over with them, are not included
in the contract and have satisfied him. Solomon Pietersen, a Jew, appears
in Court and says that nine hundred and odd guilders of the 2500 are
paid, and that there are 23 souls, big and little, who must pay equally.
The Court having seen the petition and Contract, order that the Jews
shall, within twice 24 hours after date, pay according to contract what
they lawfully owe ; and in the meanwhile, the furniture and whatever the
Petitioner has in his possession shall remain as Security, without alienating
the Same.
Nicoleas Terhaer by petition requests permission to act again as Tap-
ster and appears personally in Court bringing fl. 20, in payment of the last
judgment. Petitioner's request being heard. Ordered, that the petitioner
shall first fulfill his former sentence ; his prayer shall then be attended to.
Hans Stein, by petition, request leaves to tap half a hogshead of
Brandy by the small measurs. Whereupon was endorsed : Petitioners
request granted on payment of the proper Excise.
The written petition of the sworn Beer and Wine Carriers, stating
that others dispose of Wines brought in the Ships, whereby they are injured
in their office, having been considered, the same is postponed to the next
Court-day. The Director General shall, in the meantime, be spoken to
on the subject.
The Placard f relating to the sale of strong drinks to the Indians was
* This was the first arrival of Jews in this City. They came from Bahia in Brazil,
when that country was evacuated by the Dutch, Cape St. Anthony being on one side of
the bay of that city.— B. F.
f This Ordinance is dated 28 Augrust 1654, and will be found in O'Callaghan's l^w
tmd Ordinances of New Netherlands p. 182. — B. F.
1654] Court Minutes of New Amsterdam. 241
published, this date, from the City Hall, and affixed there, according to
request, after previous ringing of the Bell.
Thursday, the lo*** Septf 1654.
Present — Arent van Hattem, Martin Krigier, P. L. Vander Grift,
Willem Beeckman, Oloff Stevensen, and Cornelisvan Tienhoven.
Jacques de la Motthe, master of the Bark called the [Sf. CharUs\ pltf.
Contra Divers Jews. Read their [contract] from which it appears that they
owe to the Plaintiff in solidutn a balance of fl. 1567 for freight and board
from Cape St. Anthony to New Netherland. Parties appeared and acknow-
ledgment of the contract being made, it was by the Burgomasters and
Schepens declared, that the debtors have not legally nor rightfully paid,
though they have property sufficient to defray the debt ; that they shall
first be called upon, and their goods sold for the payment, and if these
shall not be sufficient to make up the full sum, then, according to Contract,
each one for all, in solidutn^ shall be called upon, until the full amount
shall be paid. La Motthe was, accordingly, authorized, in case of non-
payment within four days after date hereof, to cause to be sold, by public
vendue, in the presence of the Officer, the goods of Abram Israel and
Judicq de Mereda, being the greatest debtors, and these not sufficing, he
shall proceed, in like manner with the others to the full acquittance of the
debt and no further. Thus done and concluded this lo**" Septf 1654 in
Amsterdam in New Netherland in the Assembly aforesaid.
Monday, the 14 Septf 1654. In the City Hall.
Present — Arent van Hattem, Martin Krigier, P. L. Vander Grift,
Pief Wolfertsen, Willem Beekman, Oloff Stevensen and Comelis van
Tienhoven.
Johannes de Peyster, pltf. v/s Frerick Lubbertsen, deft. Pltf. in
default.
Johannes de Peyster, pltf. v/s Harmen Douwesen, deft. Both in
default.
Willem Mosbrouw, pltf. v/s Lubbert van Dincklagen, deft. Pltf. per-
sists in his former demand for the fulfillment of his contract and that he
be paid the damages he sustained by the non-performance thereof, inas-
much as the deft, has, as yet, put nothing on the premises. Deft, excepts,
as he has no money, as yet, to defray the expense and to perform the con-
▼OL. I.— f 6
242 Court Minutes of New Amsterdam. [1654
tract and requests delay. He will deliver the Oxen immediately, if pltf.
be satisfied therewith, and wait for the remainder until the arrival of the
next vessels. Pltf. further offers to deft, to give up the land immediately,
if he pay him the expenses and improvements he made thereon ; which deft,
does not accept. Wherefore the Burgomasters and Schepens adhere to
their former decision, according to the Contract of Parties which must be
performed, and therein the aforesaid Exception is not sustained.
Assar Leeven, pltf. v/s Ricke Nounes, deft. Pltf. demands repay-
ment of 8^ pieces of Eight disbursed on his account at Gamonik^
[Jamaica] and fl. 15 for a Waistcoat and other things delivered to the
Defendant. Deft, acknowledges to have borrowed 5 pieces of Eight at
Gamonik^, and 7 fl. advanced to her husband, but demands, on the other
side, payment of 12 pieces of Eight disbursed for freight for the plaintiff,
with other items making together fl. 41. 11 so that by account a ballance
remains due her of fl. 22.5. Pltf. maintains that the 12 ps. of Eight were
not disbursed, but goods only ordered to the amount of 10 pieces and not
paid ; and that he is not indebted any more. The Worshipful Court re-
ferred the Parties to two Arbitrators, Sieur Govert Loockermans and Sieur
Johannes de Peyster being appointed as such, to examine the accounts
and differences on both sides, and if possible to bring about an agree-
ment ; otherwise to deliver into Court their opinion in writing.
Teunis Juriaensen pltf. v/s Paulus Heymans Wife, deft. Both in
default.
Isaack De Foreest, pltf. v/s Lodewyck Pos, deft. Both in default.
Jacob Stoffelsen, pltf. v/s Ide van Vorst, deft. Pltf. sais that deft
lays claim to half a negro, whom he received from Capt. Geurt Tysen and
his company, in return for a feast given to him at which two sheep were
eaten, and Ide van Vorst also had two sheep at her wedding. He main-
tains that the deft, has no right to the negro, but that he belongs solely to
him. Defend* answers, that by deed of sale of their Mother's property, the
just half of all belongs to her and her sister. She therefore insists that
half the negro belongs to her, and demands the same, acknowledging that
the sheep were shared by both sides. Parties being heard, the Court de-
cides — that inasmuch as the negro was given by Capt. Geurt Tysen and
his Company to Jacob Stoffelsen, the same does not belong to the estate.
The negro was accordingly declared to appertain to Jacob Stoffelsen and
j654] Court Minutes of New Amsterdam. 243
not to the Estate. But Jacob Stoffelsen must duly prove, that he gave
some value to Capt. Geurt Tysen and his Company for the negro out of
the estate, whenever any further dispute arises thereon.
Mr. Coe (summoned by Thomas Wandel,) being present . . .
appeared in Court, and claimed that . . . attacked him, requesting
that the same be noted.
Maryn de Voos and John Perie arrived from . . . request respect-
fully, that they be permitted to sell Wine and Beer by the small measure.
Whereupon was endorsed : The request of the Petitioners to tap wine and
beer is granted on payment of the proper excise, and comporting them-
selves like others.
A. Keyser answers in writing the demand of Capt. Jacob on last
Court-day, whereupon was indorsed : Copy hereof is granted to the party
to reply thereto.
On the urgent petition of Lambert Huybertsen, Cornelis Hendricksen,
Roelof Jansen Vonck and John the Englishman, who appear in Court,
the Burgomasters and Schepens have ordered Jacob Kip to pay them on
the general account fl. 112. from the Excise fund, in Payment for the car-
riage of a gun made by them.
Item — fl. 58. to Joh. Pieter Verbrugge to pay for beer at the bonfire
for the victory, according to order.
Sieur Cornelis Schut, Merchant and the Captain of the Ship called
Lady Maria^ appeared in Court, and complained that their crew refused
to proceed to Spain or the Islands, (because no freight could be obtained
according to their resolution) and that they all disembarked and left the
ship. Whereupon the pilot, boatswain, boatswain's mate, carpenter, and
all [the other sailors, both Dutch and French, appearing in Court were
heard, who maintained that they were not bound to sail except to France
or Holland, and therefore prayed that they be here discharged from their
service, whereas they undertook the aforesaid voyage by the month.
Whereas no other sailors can be had here, those, who have been hired are
bound according to the Navigation Laws, to proceed on the aforesaid
voyage, the same not being to a dangerous place, and are ordered to fulfill
their engagement and duty, or those who are wholly unwilling or disin-
clined shall be holden to provide substitutes in their places. The mer-
chant aforesaid promised them a ton of groats, to induce them to forget
244 Court Minutes of New Amsterdam. [1654
all former differences, if they, with God's help, complete the voyage, and
perform their duty, which they promise, and thus they all agreed together.
Done at the meeting aforesaid.
Extraordinary Meeting holden on Wednesday the 16"* Septemb' 1654
at the City Hall.
Present, — the Heeren Arent van Hattem, M. Krigier, P. L. vander
Grift, Pieter Wolfertsen, OlofiF Stevensen and Cornelis van Tienhoven.
Jacques de la Motthe, master of the Bark called St. Catrina,* pltf.
contra David Israel and the other Jews, according to their signatures,
defts. Touching the ballance of the payment of the passage of the said
Jews, for which each is bound in solidum. Whereas their goods sold thus
far by vendue, do not amount to the payment of their obligation, it is,
therefore, requested that one or two of the said Jews' be taken as princi-
pal, which, according to the aforesaid contract or obligation cannot be
refused. Therefore he hath taken David Israel and Moses Ambrosius as
principal debtors for the remaining ballance, with request that the same
be placed in confinement, until the account be paid. The Court having
weighed the Petition of the pltf. and seen the obligation wherein each
is bound in solidum for the full payment, have consented to the pltfs
request, to place the aforesaid persons under civil arrest (namely with the
Provost marshal) until they shall have made satisfaction ; provided that
he. La Motthe, shall provisionally answer . . . for the Board which is fixed
at sixteen slivers per diem for each prisoner, and it is ordered that, for this
purpose 40 @ 50 guilders, proceeding from the goods sold shall remain in
the hands of the Secretary, together with the expenses of this Special
Court. Done in New Amsterdam in New Netherland.
Officer Cornelis van Tienhoven is hereby authorized, on the com-
plaint of the Skipper of the Lady Maria, presented in Court, to warn the
unwilling Sailors of the said Ship to proceed forthwith on board and per-
form their proper duties, according to their promise given in Court last
Monday, or in default thereof to proceed and arrest the same. Done at
the Meeting aforesaid.
On the instant request of Arent van Hattem, now being about to
depart, for the remainder of his Salary earned as Burgomaster, have the
♦ St CharUi in previous entries.
i654] Court Minutes of New Amsterdam. 245
Burgomasters and Schepens ordered Jacob Rip to pay to him, Hattem, out
of the excise fund, the balance of 8 months salary, being since the ist.
February, when they obtained that order or consent. Done at the Assem-
bly aforesaid.
Extraordinary Meeting on Tuesday the [22".?] Sept. 1654. At the
City Hall.
Present, Arent van Hattem, Martin Krigier, P. L. vander Grift, Pieter
Wolfertsen and Oloff Stevensen.
Jacob Vis, pltf. v/s Johannes Withart, deft. Pltf. makes known by
Petition, how he and Withart were engaged by certain masters for three
years, and the partnership being dissolved, he received notice to leave the
employment and was not continued. He requests, that deft, be condemned
to pay him here his earned wages from the assets of the employers, which
Vis refusing, he. Vis, protested against him and arrested a case of Beavers.
He asks that the arrest be declared valid, or that the defendant give bail
for the payment. Which request and protest being read to Withart, he
answers by protesting, on the part of the Masters, for all loss and interest,
which they shall suffer by Jacob Vis ; and demands, that pltf. shew by
what authority he acts, inasmuch as he has no instructions from the
Masters to demand an account from him, or to be paid here. He main-
tains that Vis must seek payment from his employers in Holland. Parties
having been both heard, and the contracts, instructions, letters etc. pro-
duced in Court being examined and considered, the Burgomasters and
Schepens of the City of New Amsterdam order, that Johannes Withart
shall be holden to give sufficient security for what shall appear, on settle-
ment of account, to belong to Jacob Vis, and that both parties, each in
particular, shall write concerning the same to the Partners, and in case
these say they do not know the said Jacob Vis, and then refuse payment,
Johannes Withart shall be holden to pay here unto Jacob Vis, what shall
be found to belong to him. Done in New Amsterdam, in New Netherland.
Andries Jochemsen appeared in Court, and announcing a certain
arrest granted against Pieter Comelis Van Veen in fulfilment of the sum
of fl. for labor done on the ship the New Love, requests the arrest to
be declared valid. The Burgomasters and Schepens find by the acknow-
ledgement and declaration of the Petitioner, that the debt is due, order
246 Court Minutes of New Amsterdam. [1654
the Court Messenger to cause the said Pieter van Veen to be arrested to-
morrow, until bail or satisfaction be given.
It is Resolved and concluded by the Burgomasters and Schepens of
the City of New Amsterdam, to send the following letters and papers to
the Honorable Lords Directors, by the Ship, the Schel.
Right Honourable, Wise, Prudent Lords and Patroons : —
Our last to your Rt. Hon'ble Lordships, was by the Ship, King Solo-
marly and dated 27 July 1654 ; duplicate whereof, with the pieces annexed
thereunto go herewith.
Whilst your Lordships have been pleased to greet us in date 18* May
1654 with a letter and accompaniment in answer to our first, we cannot
properly omit to advise your Lordships that the Hon**** Director General
and Ourselves apply a different Construction to some portions thereof,
of which, in all submission we request Your Lordships favorable opinion
and decision, in order that the same may be here understood and followed
according to your Lordships* just meaning and intention.
First — Whether the Excise on wine and beer within this City shall be
absolutely paid and received at our Counter or Not.
Secondly — Who do Your Lordships understand shall be paid there-
from, and how much shall be placed to the charge of this City.
Thirdly — What do your Lordships understand regarding the Ferry
between this City New Amsterdam and Breuckelen — is it granted to this
city or Not ?
We requested by a certain writing delivered to the Director General
and Council, on loH* Feb. 1653, that a Public Scales be ordered ; and
received for answer, dated 26. Feb. 1653, that such should be erected by
the first opportunity, as can appear by the accompanying documents.
The case now is, that the Hon. Direct' General was pleased, last Spring,
to order, himself, the erection of the Scales, and inasmuch as he does not
grant the proceeds thereof to this City, we, therefore, request that your
Rt. Hon. Lordships may be pleased to give such decision thereupon and
to favor this city therewith ; or so to dispose as you shall deem proper.
We delivered to the Hon. Director General and Council on the 31.
August, a certain writing, copy whereof we send your Rt. Hon. Lordships
herewith, wherein can be seen and remarked our intention thereupon.
We have not received any answer thereunto as yet.
i6s4] Court Minutes of New Amsterdam. 247
Wherefore we respectfully request that your Lordships would be
pleased to send us such favorable declaration on the points herein noted,
which we have considered necessary to bring before your Lordships, as
your wise discretion may deem proper, in order that thereby mutual
good feeling may be arrived at and established, and no differences exist
hereupon.
God preserve your persons, Rt. Hon. Lords, in long continued health,
and your prosperous Government in Safety ! Amen.
We remain.
Your Rt. Hon**!" Lordships faithful Servants
The Burgomasters and Schepens of the City of New Amsterdam,
Martin Kregier, P. L. Vandie Grift, Will. Beekman, Pieter Wolfertsen,
Oloff Stevensen.
Done in Our Assembly holden the 22^ Sept. 1654. New Amster-
dam in New Netherland.
Monday, 5*^ Octob. 1654. In the City Hall.
Present — Martin Kregier, P. L. Vander Grift, Will. Beekman, Oloff
Stevensen, and Mr. Cornelius Van Tienhoven.
Wolfert Webber summoned to Court by the Worshipful Magistrates
on the complaint of some Neighbours in consequence of damages he
inflicted attacking with dogs and beating certain pigs, which went on
his land, Wolfert Webber demands the name of Complainant. William
Beekman states it to be on the complaint handed to him of Mde. Verleth
and Stillen's wife, because their hogs were unwarrantably attacked and
injured by Webber and his dogs, so that he considered it proper to
acquaint the Court. W. Webber says, he was so annoyed by the hogs on
his land, whereby all his seed was destroyed, that he divers times drove
them home, but not being able tho keep them off, he hunted them with
dogs, but he did not injure them in the least ; On the contrary, he was
at various times insulted and threatened with a beating by Mde Verleth.
The Worshipful Court admonished Webber to keep himself clear of com-
plaint, and to institute his action should he suffer wrong.
Hendrick Pietersen, alias Kint in 7 water (child in the water) pltf.
v/s Wolfert Webber deft. In a case of attachment of certain timber,
which the deft, cut on his land. Pltf. claims that it was cut on his land.
248 Court Minutes of New Amsterdam. [1654
Deft, saith he cut the timber in divers places, and that all was not cut ofif
pltf s. land. He adds, that he hired the land from the pltf. for 6 years,
and that the latter consented to his cutting some spars therefrom, and
that he had the consent of the others. Parties being heard, the arrest on
the Timber was declared null and void, and Webber was allowed to haul
it home and use it at his pleasure, provided he states that he can prove,
he cut it by consent on divers places.
Johannes de Peyster pltf. v/s Frerick Lubbertsen and Harmen
Douwesen defts. The defts. 2^ default.
Andries Jochemsen, pltf. v/s Govert Loockermans, as Attorney for
Pieter Cornelis Vander Veen, deft. Pltf. demands payment of 6 Beavers
for sail making on the little vessel, the New Love, Deft, acknowledges
to be, truly, the attorney of Pieter vandf Veen, but, according to orders
he cannot pay before monies due by others have been received ; previous
he had tendered payment which was refused. Parties being heard, the
defendant Govert Loockermans was condemned, in his quality of attorney
to pay the pltf's demand within one month.
Govert Loockermans, pltf. v/s Hendrick Pietersen alias Kini^ deft.
Question of enclosing land according to agreement. Deft, promised the
Court to enclose the land according to contract, within 14 days, where-
with the plft. being satisfied, parties were agreed.
Tryntie Juriaensen, pltf. v/s Tryntie, wife of Paulus Heymans deft.
Defts. 2^ default.
Egbert van Borsum pltf. v/s Johannes van Beeck, deft. Pltf's wife
appearing was told that the pltf. must appear in person, or she must shew
authority from her husband. Deft, in default.
Adriaen Blommaert pltf. v/s Caspar Verleth and Michiel Tadens,
defts. All in default.
Claes Bordingh pltf. v/s Nicolaes Terhaer, deft. Deft, in default.
Pltf. exhibited certain judgment, dated 3d. March 1653, obtained by
Willem Albertsen, against the deft, for the Sum of fl. 30 requesting, as
Attorney, that execution may issue thereupon. Endorsed — On petition
of the pltf. the OflScer is ordered to execute said judgment.
Anthony Jansen van Vaes, pltf. v/s Pieter Caspersen van Naerden,
deft. Pltf. demands payment of about fl. iii. rent, both for the present
and for the last year, announcing the seizure of the furniture, as the
1654] Court Minutes of New Amsterdam. 249
deft, intends to quit the house. Deft, acknowledges the debt and re-
quests delay. Parties being heard, the Burgomasters and Schepens declared
the arrest valid, until deft, has paid the rent, or satisfied the pltf.
Fran9ois La Marquies, pltf. v/s Symon Vell^, deft. Pltf. demands
from deft, as successor to Capt. Tho? Dandamie, payment of fl. 800, ac-
cording to obligation dated 20^ April 1654, drawn by the aforesaid
Thomas Dandamie in presence of deft, and another being witnesses.
Deft, acknowledges to have succeeded Capt. Thomas Dandamie, and
states that a bill of exchange was given to pltf. payable in France or
Tortovis (?) and therefore maintains, that he is not bound to pay here.
Pltf. requests, that deft, shall be security for the payment, inasmuch as
he is not sure, that the Bill will be accepted, the rather as the Drawer of
the same and of the obligation is dead— or that he be allowed a guarantee
on the bark. Demand and reply having been heard by the Court,
defendant being in the place of Capt. Tomas D., was condemned in com-
pliance with pltf s request, to give sufficient security that the Bill of Ex-
change shall be paid ; or in default thereof, pltf. shall have his guarantee
on the aforesaid Bark.
Hendrick Jansen, pltf. v/s Richard Bullock, deft. Case of attach-
ment. Deft, in default. Pltfs wife appearing in Court, complains that
deft, had departed from the Manhattans beyond arrest or summons (ac-
cording to the Court messenger's declaration legally made). The question
being regarding a Canoe which deft, removed, and which, according to
the decision of the Court he should again deliver up, the request of the
pltf. as the deft, remains in default, is, that he may receive the monies
seized in the hands of J. van Couwenhoven on account, or until the
restitution, of said canoe. Pltfs request being heard, said arrest was de-
clared valid, and the pltf. was allowed to lift the money under security.
Jan Martya (?), pltf. v/s Assar Leeven, deft. Pltf. as Attorney and
agent of the Sailors, who brought the Jews here from the West Indies,
demands from deft, payment of f. 106. still remaining due. Deft, says,
that all his goods were sold by auction, and he is not bound to pay any
more, inasmuch as payment for his freight was offered before the sale,
on condition that his goods be not sold. The Court persists in its pre-
vious decision that the prisoners, who were taken as principals, be held
responsible, also, for the remainder of the payment.
250 Court Minutes of New Amsterdam. [1654
Adriaen Keyser appeared in Court and requested the Magistrates,
to examine the account and decision rendered by the appointed Com-
missaries in the matter in dispute between Caspar Verleth and him, the
petitioner ; and to approve the same, or dispose thereof in such a manner
as they shall deem proper. The decision of the arbitrators in the matter
of account between Adriaen Keyser and Caspar Varleth being seen by
the Court, it has, after examination thereof, adjudged the aforesaid
Caspar Varleth to pay the balance fi. 198. according to the said return
and conclusion of the Arbitrators.
Jan Vinje appeared in Court complaining of the damage he sustained
by the erection of the city walls ; that his land lies open and the cattle
destroy his planted crops. Requests the land be surveyed, and the dam-
age, with the land taken away, be paid for. Petitioner was referred to
the Director General to arrange the matter with him.
Conformably to the decision of the Court, the four whole and twelve
small Beavers, which were sequestered by Gerrit de Cuypcr [the cooper],
in consequence of disagreement, in the hands of the Secretary, as appears
by the entries, were delivered to the Heer Corn's van Tiehhoven. This
5*? Octob. 1654. In Court.
Nicolaes Terhaer requests, by Petition, leave to tap. Endorsed — On
the Petitioner conducting himself according to promise, his request shall
be considered.
Monday, the i2*l* October 1654. In the City Hall.
Present— P. L. Vander Grift, Will. Beekman, Pieter Wolfertsen, Oloff
Stevensen and Cornelis Van Tienhoven.
Johannes de Peyster, as attorney for Jannetie Barentsen, pltf. v/s
Harmen Douwesen, deft. Pltf. in his aforesaid quality demands pay-
ment of the fl. 12. for lace, which deft, and Frederick Lubbertsen pur-
chased from Andries Kittestyn, wherewith they stood charged on
Kittestyn's book. Deft, acknowledges, that they purchased the lace
together in company, for which they gave a Note, and says, that the same
was paid to the above mentioned Andries Kittestyn himself, by Frederick
Lubbertsen and him, Harmen Douwesen, in Beavers, each half, before
his departure from here ; and the note was made void and torn in his
Kittestyn's presence ; but no discharge was given. He is ready to sup-
1654] Court Minutes of New Amsterdam. 251
port such discharge by Oath. Parties having been heard, the Court
agreed, that as deft, is willing to support his assertion by Oath, he is
bound to do so. Whereupon the said Harmen Douwesen again appeared
in Court, and has declared, on a solemn Oath, at the hands of the Hon*^
Schout (Sheriff), that he paid with beavers in full for the Lace, which he
purchased from Kittestyn before his departure, and that the Note was
torn and destroyed in Kittestyn's presence. Thereupon the demand and
further claim of pltf. against deft, were dismissed.
Luycas van der Liphorst pltf. v/s Teunis Kraey, deft. Deft, in
default.
Hendrick Gillisen Wageman, pltf. v/s Daniel Litschoe, deft. Pltf.
demands payment of fl. 62, balance of a Hhd. of Tobacco, that Evert
Jansen sold deft., which money pltf. paid Evert Jansen at Boston, who
assigned the debt against deft, as appears by Evert Jansen 's writing. Deft,
acknowledges to have received, but not purchased, a Hhd. of tobacco of
Evert Jansen ; he shews by the a/c, that the tobacco was sold @ 5 stiv.
per lb. ; much was damaged and brought only fl. 4.; that, on the other
hand, Evert Jansen owes him fl. 45. 14]^ stiv. and he therefore must
still obtain from said Evert Jansen fl. 4. i4j^. Presents his a/c to be sup-
ported by Oath. Parties heard, pltf. was ordered to prove, what Evert
Jansen ought to receive from Daniel Litschoe ; in default whereof his
suit is dismissed.
Tryntie Juriaensen, pltf. v/s Tryntie, wife of Paulus He3rmans, deft.
Pltf. demands payment of a balance of fl. 50. Deft, admits owing only
fl. 40. Parties heard, deft, is condemned to pay within One Month, what
pltf. shall prove by a/c justly to belong to her.
Jacob Bakker, as attorney for Adriaen Blommaert pltf. v/s Michel
Tadens deft., demands payment of fl. 339. isst. freight from Holland here,
and that in Beavers. Deft, acknowledges the debt ; says, that he tendered
to Blommaert payment in well cured [Tobacco] ; but that [Bakker]
had different tobacco, which he would not receive nor take away. Says
he was not bound by contract to pay Beavers. Parties having been heard,
deft, is condemned to satisfy pltf. within 14 days, either in Beavers or
tobacco as pltf. pleases, on pain of Execution.
Dirck van Schelluyne, pltf. v/s Claes Jansen Ruyter, deft. Pltf. as
agent and attorney for Jan Jansen of Gottenberg demands fl. 329, balance
252 Court Minutes of New Amsterdam. [1654
of a note signed by Jansen and Harmen Douwesen and dated 4 Sept' 165 1.
with interest thereon from ist Aug. 1652 to the time of payment and
that in Beavers according to said obligation. Deft, acknowledges the
debt, but says, that Jan of Gottenburg was satisfied with tobacco, which
he promised to deliver on the first opportunity. Deft, is condemned to
satisfy pltf., as Attorney, whether in beavers according to the obligation,
or otherwise, as the said attorney shall prefer, with interest, 14 days before
the departure of a vessel, provided she arrive before harvest and sail before
winter ; otherwise next February, without further delay, on pain of Exe-
cution.
Jan Perie, pltf. v/s The Skipper of the Ship Lady Maria, deft.
Defts. I St default. Pltf. demands, that deft, shall be condemned to pay
him his wages earned in the aforesaid Ship, before his departure. The
Skipper was ordered by the Court (at the suit of pltf.) inasmuch as he did
not appear to answer for himself, and is about to sail that he come into
Court and answer pltfs. demand, or satisfy him.
Solomon Piers, as ag't for Rycke Nunes, pltf. v/s Assar Leeven, deft.
Defts i" default.
Nicholaes Terhaer humbly requests the Court's permission to tap.
Whereupon was endorsed — Request of Petitioner is provisionally granted,
he meanwhile paying attention to his behaviour, on condition that he, first
and foremost, shall pay the proper excise on whatever he shall lay in.
In Court was paid, from the proceeds of the Jews* goods which were
sold by order at vendue —
To the Provost Marshal for what David Israel was detained, accord-
ing to account . fi. 12.
Item. For an Extraordinary Session of Court .... 20.
fl. 32.
So that there remains of said money, per cassa . . . . fl. 72.
Govert Loockermans appeared before the Secretary in the presence
of Schepen Oloff Stevensen and the Court Messenger, complaining of a cer-
tain arrest, granted to Joseph Fouler on the goods of Richard Colfex in
Fouler's possession to meet an obligation drawn by Colfex dated 10.
March 1653. and requests, that said arrest be postponed, until his return
1654] Court Minutes of New Amsterdam. 253
from Fort Orange, then to dispose further thereof, which was done. This
12^ October, 1654. New Amsterdam.
Monday the 19. October 1654. In the City Hall.
Present, — the Heeren P. L. Vander Grift, Oloff Stevensen, Will
Beeckman, and Comelis van Tienhoven.
Paulus Leendertsen vandie Grift pltf. v/s Teunis Tomassen, mason
deft. Deft, in default. Pltf. lays claim for all damages and wrong.
Jacob Haey, pltf. v/s Adriaen Keyser, deft. Pltf. states, that he
has had a running account with Keyser since 1649, which he only recently
received, wherein he is debited with fl. 197. loo much, according to Vas-
trick's hand writing. He also drew a note on 2. Aug. 1649, ^- ^4^) which
he endeavored to negotiate, which, like the fl. 197. was paid and deducted
from the account. Deft shews, by the books of the Heer Tienhoven for
the year 1649, ^^^^ P^^^* stood debtor to cash fl. 497., against which
according to his statement, only fl. 300. was credited. The Books and
account being so, the Heer Tienhoven promised to examine the book and
to shew that he had handed over the items as per list.
Adriaen Keyser, pltf. v/s Oloff Stevensen, deft., demands payment of
fl. 148.16, on a note drawn by Jacob Haey, which he conveyed to Oloff
Stevensen and which remains still unpaid. Deft, says, he gave up the
note full 5 years ago and that Keyser accepted it in payment, and that the
cause of Jacob Haey's non-payment is the difference about accounts,
which exists between Keyser and Jacob Haey. He maintains that Haey,
and not he, is bound to pay. Parties having been heard, the Court de-
cided that, inasmuch as Keyser took said note, in the first instance in pay-
ment and retained it so long, without having ever applied to deft, for
payment, and as the drawer never refused to honor the same, if it be still
due to Keyser, he must apply to the drawer for payment of the note, and
his action against Oloff Stevensen is dismissed.
Comelis van Tienhoven, pltf. v/s Jan Peck, deft. Deft, in default.
Luycas vander Liphorst, pltf. v/s Tryn van Campen, deft., demands
payment of fl. 9.18. being for linen purchased now five years ago. Deft,
acknowledges to have bought the linen, believing, that the same was good.
The linen however was rotten, and she, therefore, maintains that she is
not indebted to pltf. but leaves it to the discretion of the Court to
254 Court Minutes of New Amsterdam. [1654
say, what she ought to pay. Parties having been heard, the Court con-
demns deft, to pay the plaintiff his demand of fl. 9.18. within 14 days.
Solomon Pietersen, as atty. for Rycke Nounes, pltf. v/s Asser Leeven,
deft. Pltf., in his capacity aforesaid, demands payment of fl. 105.18.
which Rycke Nounes paid for freight for him from the West Indies with her
goods since sold by auction for deft, and others according to acc^ Deft,
says, that his and the other persons' goods have been sold at vendue and
that he then represented, that if his goods were not sold, he should pay his
freight, as he had money belonging to him. He now claims, that he is
not bound to pay, and also that he is unable. Parties having been heard, the
Court condemns deft., Assar Leeven, in the said sum of fl. 105.18. balance
of freight, which he owes Rycke Nounes, whose goods were sold for the
same, over and above her own debt ; or to satisfy her Atty. within 14
days from date.
Hendrick Gillisen Wageman, plft. v/s Daniel Litschoe, deft. Deft, in
default. Pltf. exhibits his demand by Petition, which being examined, is
thereupon endorsed. — This Court refers petitioner to the Sentence pro-
nounced on 12*^ Octob. 1654.
Hendrick van Naerden, pltf. v/s Hendrick Jansen, the Boor, deft.
Pltf. demands delivery of a hog, which he purchased from deft, and pay-
ment of what is coming to him by acc^, amounting to fl, 81.12. Deft, ac-
knowledges himself indebted to pltf. for as much as appears by his ace-,
exhibiting his statement amounting to fl. 63.5. He says that he sold the
hog on condition, that pltf. should make him a wagon, which should be
on ace* thereof ; and pltf. not delivering the same, he is not bound to
deliver the hog. Parties were referred to two Arbitrators and for that
purpose the Court appointed Jacob Haey and Jan Jansen van [St. Obin],
who are hereby authorized to examine the ace" of the parties, and if pos-
sible settle the same ; otherwise, to deliver their opinion, in writing to the
Court.
Richard Bridnel, pltf. v/s Borger Jorisen deft, says, that Borger Jori-
sen attached fl. 25. of his money, in the hands of Goetman Harck. Deft,
acknowledges to have made the attachment. He had received, on ace.
of a debt of fl. 31. four geese, leaving unpaid fl. 15. ; and for labor, accord-
ing to his books, fl. 10.14. Pltf. says, he owed only 27 gl., on which he
delivered 5 geese, and that only fl. 11. remain due ; that he took care of
1654] Court Minutes of New Amsterdam. 255
two cows part of the winter, for which he asks fl. 7., which fl. 7 Borger
Jorisen admitted. He denies further having ever got any work, for which
he did not pay. Parties, and the declaration of Borger Jorisen on his
books having been heard, it was resolved and decided, that there is still
due to Borger Jorisen a balance of fl. 18.14. Wherefore the arrest is
declared valid, and Borger Jorisen consented to allow the debt to remain
on bail.
Richard Bridnel, pltf. v/s William Harck, deft. Deft, in default.
Pltf. sues for damages.
Maritie Claes, pltf. v/s Hendrick Egberts, deft. Deft, in default.
William Beekman, pltf. v/s Anthony Fernando, deft., demands pay-
ment of three years rent of the land @ 8 skepels of maize per annum,
according to contract made with Corlaer, from whom pltf. has derived the
same. Deft, says, he owes Beeckman no rent, but agreed with Corlaer to
occupy and use the land during his life, paying therefore 8 skepels of
maize p. annum. He says, he has resided thereon 4 years, and paid Corlaer
one year. But inasmuch as he has been ejected therefrom, he maintains he
is not liable. It was decided, that the first contract between Corlaer and
Anthony Fernando shall have efifect, on condition, that Anthony prove
what sort of contract he entered into with Corlaer and that on next
Monday.
M5 Gysbert,* pltf. v/s Hendrick Egberts, deft. Deft, in default.
Richard Bridnel petitions for authority to re-enter on his land, which
he sold to Robert Clarke, which Clarke absconded leaving still fl. 130. due
on the purchase, offering to give security to repay the money to whomso-
ever is lawfully entitled to it. Thereupon was endorsed — The granting of
lands appertains to the Director and Council. This is therefore referred
to them.
Comelis van Tienhoven, as Sheriff of this city, represents to the Court,
that he has found drinking clubs, on divers nights at the house of Jan
Peck, with dancing and jumping and entertainment of disorderly people ;
also tapping during Preaching, and that there was great noise made by
drunkards, especially yesterday, Sunday, in this house, so that he was
obliged to remove one to jail in a cart, which was a most scandalous affair.
He demands, therefore, that Jan Peck's licence be annulled, and that he
♦ Van Imbroch.
256 Court Minutes of New Amsterdam. [1654
pay a fine, according to the Ordinance and placards of the Rt. Hon"* Di-
rector General and Council. The Worshipful Court having seen the remon-
strance of the Sheriff against Jan Peck, who being legally summoned, did
not appear, decided, on account of his disorderly house-keeping and evil
life, tippling, dancing, gaming and other irregularities, together with tap-
ping at night and on Sunday during Preaching, to annul his license, and
that he shall not tap any more, until he shall have vindicated himself.
Monday, the 26. Octob. 1654. In the City Hall.
Present — the Heeren P. L. Vander Grift, Willem Beekman, Oloff
Stevensen, and Comelis van Tienhoven.
Pieter Schaefbank, pltf. v/s Comelis Melyn, deft., states, that
Comelis Melyn made an assignment on 15 Sept. in favor of Yonkher
Reychout van Fmyl to receive in Holland fl. 362. 14., which as per
acc5 belonged to him, and as the same was not paid, he requests
that the same be paid here with interest @ 12 per cent, per annum.
Dirck Schelluyne appears for Comelis Melyn, and denies neither
the hand writing nor debt, but requests, that pltf. shall declare, under
Oath, that no satisfaction was given, nor anything received in Hol-
land. Pltf. offers to give sufficient security to repay the money with-
out loss or damage, if deft, can prove, that it was received in Holland.
The Court of the City of New Amsterdam condemns deft, to pay pltf,
within one month the aforesaid fl. 362. 14. with interest at 10 percent, per
an., provided pltf. Pieter Schaefbanck, shall give good and sufficient secur-
ity according to the aforesaid proposal.
Claes Terhaer, pltf. v/s Ryntie, the mason, deft, demands payment
of fl. 16. 15. for articles sold, which he says he can prove. The Heer
Tienhoven, present, acknowledges the debt on the part of Reyntie the
mason. Parties having being heard, the deft. Reyntie the mason is sen-
tenced to pay pltf. his demand aforesaid of fl. 16. 15. within 3 weeks.
Jan Herrett, pltf. v/s. Thomas Griddy, deft. Both in default.
Hendrick Gillisen, pltf. v/s. Daniel Litschoe, deft. Pltf requests in
writing that, inasmuch as he can exhibit no other proof, than the hand-
writing of Evert Jansen, that fl. 62. are still due him, deft, shall produce,
on oath, his ace- and statement to the contrary. Deft, persists in his state-
ment according to the ace* aforementioned, and expresses his readiness, if
need be, to verify the same on Oath. Wherefore pltf 's further demand
1654] Court Minutes of New Amsterdam. 257
and claim against Daniel Litschoe is dismissed, as he cannot prove, that
said Litschoe is indebted to Evert Jansen, and Daniel Litschoe shews by
his aforesaid ace', which he is prepared to confirm by oath, that he is
not indebted to him.
Richard Bridnell, pltf. v/s William Harck, deft. Deft, further in
default. Pltf. states, that deft, is three times in default, and demands
judgment, but inasmuch as there is doubt, whether W. Harck was sum-
moned 2 or three times, on one and the same action, and is in default, it
is ordered that W. Harck be cited to appear next Monday, in the name
of the Court, at the suit of Richard Bridnell, when should he remain in
default, sentence of Contempt shall be pronounced.
Luycas Eldertsen, pltf. v/s Pieter Jacobsen, Captain Lieut, deft.
Pltf. demands a certain sum of fi. 40. which he, deft., undertook to pay
for one Halsin, who left his arms with him therefor, on which he received,
by his wife, fi. 12. from deft. Pieter J., leaving a balance of fl. 28. Deft,
acknowledges to have promised to pay for the aforesaid Halsin, but says
that he loaned the 4 ps. of Eight to pltf's. wife, through kindness, and not
in part payment of the above mentioned fl. 40. ; that an order was given
by Capt. Geurt Teysen on Jacob Haey for the said fl. 40. which are still due,
and not discharged. Therefore requests, that Jacob Haey be summoned
before the Court, and should J. Haey not pay, he promises to satisfy pltf.
It is ordered, that pltf. shall cite Jacob Haey for next Monday, and that
the parties shall then, all three, appear before the Court to determine, who
is the debtor.
Anthony Toocker, pltf. v/s The Factor Elswyck, deft. Deft, in
default. Pltf. says he loaned 40 ps of Eight to deft., who now refuses to
repay the same, but will only give an acknowledgment for fl. 100. The
deft's vindication must be heard.
Joost Teunissen van Norden, pltf. v/s Hendrick Willemsen Bakker,
deft. Pltf. demands payment of fl. 800. balance of the purchase of a house,
according to contract, with damages and interest thereon, at the discretion
of the Court. Deft, says, he never refused payment, but that Joost Teun-
issen agreed to accept fl 500. from the Hon**** Company. J. Teunissen
denies having accepted fl. 500 from the Company. Parties having been
heard, deft, is condemned to pay pltf. according to agreement, within one
month ; pltf is denied his further demand.
VOL. I.— X7
258 Court Minutes of New Amsterdam. [1654
Marritie Claessen, pltf. v/s Hendrick Egberts, deft., complains, that
deft, has railed at her and said, that the Hon^*' General Stuyvesant had
caused her to be dragged from the ship, and that his Honor would have a
post fixed for her, — and other such expressions. Deft, denies having
used such injurious words, but acknowledged, that he called her a Whore,
because she first called him a banished knave and rogue, and such like
names ; which pltf. denies. Parties were ordered to prove their mutual
Statements.
Jacobus Bakker as Att*y for Adriaen Blommaerk, pltf. v/s Michel
Tadens, deft., sues, in his capacity aforesaid, for fl. 339.15. in beavers, in
conformity to the judgment of 12^ OctHast, with costs of summons as
otherwise granted. Deft, persists in his former answer, that he will de-
liver the 3 hhds. of tobacco, which Blommaert accepted, and the remainder
in beavers. Pltf. says, he is content with half in Tobacco and half in
Beavers. Parties are agreed, that pltf. shall receive two hhds. of tobacco
in payment and the remainder in beavers, and it is further ordered that
the defendant shall pay the cost of summons and two @ two and a half
guilders costs.
William Beekman, pltf. v/s Anthony Fernando, deft. Pltf. persists
in his former demand. Deft. Anthony Fernando appears in Court [to
shew] by the handwriting of Jacob van Corlaer, that the land was given
to his children on payment of the stated rent. Pltf. W. Beekman, per-
sisting in what he had already stated, says that Anthony Fernando was
ejected for [divers] reasons. First, that his wife removed from his land,
in sacks, the com that was [harvested] there ; 2""**^, that Anthony Fernando
kept and maintained hogs, each of which committed damage in his planted
fields ; 3rdly. that he and his folks injuriously beat hogs, which tres-
passed on his land, which is not properly fenced ; all which he undertakes
to prove, if necessary. Anthony Fernando denies the same, and says he
is willing to quit the land. Parties have agreed in Court, by the inter-
vention of the Board, that Anthony Fernando shall immediately leave the
land, that Sieur W. Beekman shall keep all the outbuildings, dwelling
house, fences, trees, timber etc., and that Anthony Fernando shall, be-
side, give W" Beekman a writing, that he resigns, for himself and
heirs, all claim to the land, and that Beekman shall have no claim on
Fernando for rent or otherwise, nor Fernando on Sieur W. Beekman for
1654] Court Minutes of New Amsterdam. 259
buildings and pretensions, which he has on the land, but all shall go
clear.
Comelis van Tienhoven, as Sheriff of this City, pltf. v/s Jan Peck,
deft. Pltf. persists in his former demand and requests that sentence of
deprivation of license be confirmed, and also condemnation in the penalty
and fine enacted by the placard. The Court having heard the demand
and Complaint of the Sheriff, and the acknowledgment of Jan Peck, that
he has frequently tapped unseasonably after 9 o'clock and bell ring, and
that he allowed the Lieutenant's servant to gamble and dance with English-
men ; also that he tapped on Sunday during the sermon, whereof the
Officer complaining, requests that deft. Jan Peck, be deprived of his busi-
ness, and condemned, in addition, in the fine enacted by the Placards of
the Honorable Director General and Supreme Council ; Jan Peck is con-
demned to lose his license and to pay the fine according to the aforesaid
Placard. Actum, this 26. October, 1654. New Amsterdam. Was signed,
P. L. Vandie Grift, Olof Stevensz., Will Beekman.
Solomon Pieters appeared in Court, and exhibited a declaration
from the attorney of the Sailors, relative to the balance of the freight of
the Jews, promising to wait until the arrival of the ships from Patria.
Wherefore he requests to receive the monies still in the Secretary's hands
for Rycke Nunes, whose goods were sold, over and above her own freight-
debt, in order to obtain with that money, some support for her. Where-
upon was endorsed : Petitioner Solomon Pieters as Attorney, was
permitted to take, under Security, the monies in the Secretary's hands.
Monday, the 2"** Novemb. 1654. At the City Hall.
Present — the Heeren P. L. van der Grift, Will Beekman, Oloff Stevens,
and Comelis van Tienhoven.
Marritie Claes, pltf. v/s Hendrick Egbert, deft. Deft, in default.
Richard Bridnell, pltf. v/s Will Harck, deft., demands payment of
fi. 70, due him being balance of the purchased and transferred land be-
longing to deft, together with Costs incurred by and caused to him by
non-payment, amounting by bill of particulars to fl. 182. Deft, says, that
Bridnell is bound to give him in hand £,10 Stg. for Indian Claims and
states, that they have made no arrangement about that. Parties having
been heard, the Court decides, that the Agreement, which both mutually
26o Court Minutes of New Amsterdam. [1654
entered into, dated 8**" January last, and now produced in Court, must
have its legal effect, without any exception thereto. And that W. Harck
shall, thereupon, perfect without postponement or delay the remaining
payment, which, on settlement, was found to exist. And it is further
ordered, that parties shall each choose an arbitrator to determine amount
of damages, which pltf. claims. Parties appearing in Court refer the
selection to the Bench, wherefore the Court appointed Thomas Hall and
Carel van Brugge, who are hereby authorized to tax pltf *s ace' for incurred
costs, as they, in their discretion, shall find just, and to decide finally the
further affairs of the parties.
Mr. Coo, pltf. v/s Luycas Dircksen, deft., says, that he bought at
Flushing a Canoe from the Indians, which they brought from the North,
and which Canoe he left by his mill : that Luycas Dircksen took it away,
without an order or consent from any Court ; for which Canoe he paid (he
says) fl. 1 2 to the Indians. He demands restitution of said Canoe, which
he purchased or of his expended money. Deft, says, that having lost his
Canoe, he searched every where and finally found it at Flushing, and
removed the same in the day time, and openly, in the presence of others,
as his property ; and adds, that full 20 persons can prove, that it is his
Canoe. He maintains, therefore, that he is not indebted to Mr. Coo.
The Court of the City of New Amsterdam decide and order — Whereas
Luycas Dircksen has removed the canoe from Mr. Coo's without the
knowledge or consent of any Court, he Luycas Dircksen, shall repay the
money Mr. Coo gave for said canoe ; or otherwise bring the said canoe
back to the place, whence he took it, and institute his action.
Luycas Eldertsen, pltf. v/s Jacob Haey, deft. Deft, in default.
Pltf. and Capt. Lieut. Pieter Jacobsen appear in Court. Pltf. per-
sists in his former demand of payment of the fl. 28 and P. Jacobs persists
in his former answer adding that he did not [give the money] through
Halsen to satisfy the Capt. Parties being heard the Court [declared]
that Lieut. P. Jacobs shall summon the aforesaid Jacob Haey by the
next Court-day (inasmuch as he being heretofore summoned to Court
by Luycas Eldertsen refused to pay the order) and prove, that he owes
Luycas Eldertsen the fl. 40. for which he drew on him ; or in default
thereof, he Pieter Jacobsen shall pay the balance of the money to Luycas
Eldertsen.
i6s4] Court Minutes of New Amsterdam. 261
Hendrick Egberts, pltf. v/s Jan Jorisen, deft. Both in default.
Jacob Steendam, pltf. v/s Jan Leeck, deft. Deft, in default. Pltf *s
wife appeared in Court, exhibited a writing, whereby a balance of fl. lo.
is still due her, complaining that aforesaid Jan Leeck, notwithstanding
arrest and summons (according to the declaration of the Court Messenger
duely made) has departed from this city.
Teunis Kraey, pltf. v/s Luycas Tamboer (Drummer) deft. Deft, i
default.
Jan Peck by Petition humbly requests leave to tap, as the Officer has
executed the judgment. Decision is postponed until next Court day.
Whereas the " Waal " in front of the City Hall * is more or less
washed away by the high water and heavy rain, so that finally the City
Hall might be in danger ; Resolved, and concluded to contract that the
same, at the earliest opportunity, be properly protected with street piles.
Wherefore P. L. Vandie Grift and OloflF Stevensen are empowered to
send for some carpenters and agree with them, as they shall consider
best.
The Heer Comelis van Tienhoven handed into Court the list of
passengers by the Ship, The Flower of Guelder, which arrived here on the
30^ Octob : and who had taken the accustomed oath.
Monday the 9*^ Novemb. 1654 ; In the City Hall.
Present — the Heeren P. L. vander Grift, Willem Beekman, Pieter
Wolfertsen, and OloflF Stevensen.
Teunis Kraey, pltf. v/s Luycas Tamboer, deft. Both in default.
Marretie Trompetters, (the Bugler's) pltf. v/s Maria de Truwe, deft.,
demands payment of fl. 3. 11 for fish sold to deft. Deft, says, she sent
the money by the Servant, and that it fell into the ditch. She has no
more at present, but promises payment at the earliest opportunity, where-
with the pltf. being satisfied, they were reconciled.
Luycas van der Liphorst, pltf. v/s Tryn van Campen, deft. Deft, in
default. Pltf. demands execution on a judgment dated 9^ Octob. as he is
refused payment and has spent much time and incurred expense of sum-
mons etc., which he has paid. Request of petitioner being heard, and it
being found, that deft, has been frequently in default, he is condemned to
* City Hall on North Side of Pearl St. at the head of Coenties SUp. The '* Waal "
was the shore of the East River. — B. F.
262 Court Minutes of New Amsterdam. [1654
pay aforesaid judgment with reasonable costs thereon on pain of exe-
cution.
Roeloff Jansen, the Mason, pltf . v/s Jan Coopal, deft. Jacob Bakker
as Attorney for deft, appeared in Court. Pltf., according to judgment of
17. Aug. 1654, demands payment of his wages earned at a cellar, accord-
ing to agreement. Jacob Bakker says, that he offered to pay pltf. on con-
dition, that he finished the job, but that he refuses to do that Pltf. denies
having refused to complete the work according to agreement, but says
there are no materials. Jacob Bakker undertakes to pay on completion
of the work, and says, the materials are ready. Jacob Bakker is condemned
to deliver, at the work, within 24 hours, the materials to complete the job
according to the plan, and Roeloff Jansen shall immediately proceed to
work, which being finished, Jacob Bakker shall be held to pay pltf. with-
out delay according to contract.
Capt. Lieut. Pieter Jacobsen, pltf. v/s Jacob Haey, deft, demands
payment of fl. 40 being purchase of a camp-bed, whereof assignment was
made by Luycas Eldertsen to deft, and not discharged. Deft, acknow-
ledges purchase and debt for the bed to the Am! of fl. 40 and is ready to
pay it, if he obtain satisfaction from the Capt. for 2 Negroes purchased
of him and paid for — fl. 700. They were to be two of the best Negroes,
but they turned out otherwise, and were worthless. Wherefore he de-
mands compensation for said Negroes, as the Capt. is bound to deliver
others in their stead, and has not done so. Pltf. says he knows nothing
about it and if Jacob Haey had any claim on that acc^ he might have
applied to the Cap' before his departure, and constrained him by arrest or
otherwise. He therefore maintains that J. Haey's demand ought to be
dismissed. Decided by the Court, that Jacob'.Haey be condemned to pay,
without delay, the fl. 40. for the bed to Luycas Eldertsen according to
assignment, without prejudice to his instituting his action against the
Capt. or his assigns for the Negroes.
Jan Jansen van Broutangie, pltf. v/s Jan Jansen van Groeteboecken,
deft., complains, that deft, has inflicted great injury on him and struck
him which [is very] apparent — that his wife, who is in childbed, was also
beaten by deft's wife, and indecently treated ; also that deft, accused him
of having taken a bottle of brandy from Litschoe's maid and promoted
thievery ; demands proof thereof, and such immediate reparation as shall
i6s4] Court Minutes of New Amsterdam. 263
be considered satisfactory. Deft, does not deny, that there has been
trouble and quarrelling, but says, pltf. first struck him and was the cause
of the trouble ; he states, that he saw D. Litschoe's maid divers times
give pltf. the brandy in small bottles, which he took ; but whether it was
stolen or not is unknown to him. He offers to confirm the same by his
own and wife's Oaths, who also saw the transaction.
Daniel Litschoe, pltf. v/s Jan Jansen van Groeteboecken, deft., says
deft, accused his maid servant of having given Brandy by the glassful to
Jan Jansen van Broutangie ; requests proof thereof, or in default, that
deft, shall be punished as he deserves. Deft says (as before), that he and
his wife saw pltf's, D. Litschoe's, maid give Jan J. van Broutangie divers
times the bottle of brandy — the last bottle on the evening of last Sunday
Eight days, between 7 and 8 o'clock, but says that he does not know
whether the liquor was stolen or not. Sara Jansen, deft's wife, being
heard, corroborates the preceding statement and declaration of her hus-
band. Daniel Litschoe again being heard, says that he did not sell any
brandy about that time to J. J. van Broutangie. The Court decides, in-
asmuch as there were two questions before it ; one of assault and battery ;
the other of theft, which must therefore be enquired into according to
custom, the Sheriff shall take information on the aforesaid matter, in order
to find out the truth for the Court.
Arent Jacobsen Calebuys, pltf. v/s Claes Tysen, deft., says, that he
contracted with deft, to convey 26 Planks of 25 ft. long to Fort Orange,
which not being taken on board at the appointed time, 6 planks drifted
away ; demands compensation for said planks, as the same happened
through deft's neglect. Deft, acknowledges, to have accepted the
freight of the planks, but he was prevented by circumstances from
taking them on board, and says, that he was discharged from the freight
by Jacob Haey's wife. Denies that there was a time fixed for receiving
them, and maintains that he is not indebted. Pltf. is ordered to prove, that
a time was fixed to receive the planks, and at the same time how many
had drifted away, when further disposition shall be made of the matter.
Borger Jorisen, pltf. v/s Paulus Heymans, deft. Deft, in default.
Evert Jansen, pltf. v/s Daniel Litschoe, deft. Both in default.
Jan Peck, pltf. v/s Arent Jansen, the Provost Marshal, deft. Deft,
in default.
264 Court Minutes of New Amsterdam. [1654
Luycas van Liphorst, pltf. v/s Jacob Symonsen Clomp, deft. Pltf.
demands payment of fl. 7. balance, according to handwriting.
Deft, says, he fulfilled the handwriting, to a guilder, with 100 planks,
which he delivered here, on the Strand ; and that pltf. says, he received
only 94 p., whence the fl. 7, which he demands. It is adjudged, that, in-
asmuch as neither party had sustained his statement by proof, nor the
receipt of the planks, no person being present, when they were counted,
and deft, maintaining, that 100 pl'ks were delivered on the Strand, they
shall split the difference, to wit : — Jacob Clomp shall pay 4 gl. to L. van
Liphorst, and therewith all shall be even.
Sybout Claessen demands, by Petition, inasmuch as the sheet plank-
ing before his house, has fallen down through the last high water, and
the other neighbours leave their lots unsheeted, and he, alone, should not
be obligated to repair the same at considerable expense, — that the Burgo-
masters and Schepens be pleased to order, that the gardens from the cor-
ner of the Ditch to the City Hall, be all equally planked up. Whereupon
was endorsed : — The request being found reasonable, it is ordered by the
Court, that each one shall plank up [beschoeyen) in front of his lot from
the City Hall to the comer of the Ditch {Graft) including the City Hall
building ; failing which the same shall be executed by the Court at the
expence of the lots, which are in default.
On the instant request, both oral and written, of Jan Peeck to be
allowed to pursue his business as before, inasmuch as he is burthened
with a houseful of children and more besides, the Court having consid-
ered his complaint, and that he is an old Burgher, have granted his prayer,
on condition that he comport himself properly and without blame, and
not violate either one or the other of the placards, on pain of having his
business stopped, without favor, and himself punished as he deserve,
should he be found again in fault.
Whereas the Worshipful Court is not aware, that any letters have
arrived for the Board by the ships the Flower of Guelder , arrived here on
the 3o*^ Oct. last, or by the Pear Tree, on the 9* Nov., Resolved that P.
L. vandie Grift and P. van Couwenhoven, be appointed to converse there-
upon with the Honble. Governor General, and enquire if there be any
among the despatches to him.
Notice.
1654] Court Minutes of New Amsterdam. 265
The Burgomasters and Schepens of the City of New Amsterdam^
propose with the approbation of the Hon"* Director General, on Monday
next, the I6*^ Novemb. about ii o'clock, at the City Hall, to ordain and
establish a Rattle Watch of 4 to 6 men to guard this City, by night.
Wherefore, all persons, who desire to undertake the same, are warned to
repair to the aforesaid place, at the aforesaid time, to hear the conditions,
and to act according to circumstances. Done this 10^ of Novemb. 1654,
at the meeting of the Burger's Court Martial in the City Hall, New
Amsterdam. '
Monday the 16*^ Nov. 1654. In the City Hall.
Present — P. L. van die Grift, and P. van Couwenhoven.
No other members coming, parties were called. W. Beeckman enter-
ing, the rules for the Rattle Watch were made, and having waited until
the appointed time, and no one coming to undertake it, the meeting
adjourned without anything have been done.
Monday, the 23^ Nov. 1654. In the City Hall.
Present — the Heeren P. L. vander Grift, Will. Beekman, Olofif Steven-
sen P. van Couwenhoven, and Comelis van Tienhoven.
Engeltie Mans, pltf. v/s Tryntie, wife of Poulus Heymans, deft.
Defts. 2*^ default.
Maria de Truwe, pltf. v/s Arent Jan sen. Provost Marshal, deft.
Defts. 2**. default.
Arent Calebuys, pltf. v/s Claes Tysen,' deft. Deft, in default.
Arent Calebuys, pltf. v/s Jacob Haey, deft., demands evidence of
the truth relative to the Planks, the freight for which was agreed on with
Claes Tysen. Therefore, deft, appeared in Court and declared, he heard
from the mouth of Calebuys, that he had agreed with Claes Tysen, he
should take the Planks as freight on Saturday, or Monday ; and says
that, at that time, there was a freshet, when three of the planks 25 ft long
and 24 inches wide, and one plank of 25 ft long and 14 inches wide,
which amounted together to 6 planks, were washed away. He further
declares, that he, Claes Tysen, spoke and said, he did not know, if he
could take in the planks, as his father-in-law was away with the yacht,
and that he should give an answer. The Court decided, that Claes Tysen
266 Court Minutes of New Amsterdam. [1654
or the Skipper's Agent be summoned again by Calebuys, when the matter
therein shall be disposed.
Roeloff Jansen, pltf. v/s Jacob Bakker, deft. Pltf. again demands
payment for building the cellar, according to judgment, as his contract
is now fulfilled. At the request of pltf. the Officer was authorized to
execute the judgment, according to contract.
Thomas Hall and M. Spicer, pltf. v/s Henry Breser, deft. All in
default.
Pieter Bruynsen, pltf. v/s Thomas Hall, deft. Deft, in default.
Pieter Bruynsen, pltf. v/s Pieter Noorman, deft. Deft, in default
Jan Barentsen, pltf. v/s Geurt Coerten, deft. Deft, in default.
Pieter Jacobsen appears in Court, because he was, this day, arrested
by Borger Jorisen for the payment of fl. 119., which he had in iron work
for his frigate, and offers to give, for the payment thereof, two sufficient
securities, namely Govert Loockermans and Abram de la Nooy, who
appearing with him in Court, acknowledge to be ready to act as baiL
On the petition of Warner Wessels, presented this day in Court,
wherein he requests leave to sell wine and beer by the small measure,
on paying the proper excise ; is Endorsed — Neither Brewers nor Distillers
can tap, according to the custom of this City, and the placards of the
Noble Director General and Supreme Council — Wherefore, the Petition-
er's request cannot be granted.
Resolved in Court to meet again this afternoon to determine on
something about the leasing of the excise.
In the afternoon, at 2. o'clock were assembled at the City Hall the
aforesaid Burgomasters and Schepens, and it was resolved to deliver the
following to the Director Gen'l and Council, to-morrow.
To the Hon***' the Director General and the Supreme Council of
New Netherland.
The acting Schepens of this City of New Amsterdam make known,
with all due respect and reverence :
That whereas by public notice they have seen, that your Honors
intend publicly to lease, on the 25*^ Nov. next to the highest bidder the
Tappers excise of wines and beer within the aforesaid City, Your Re-
monstrants (without offence) object to your Honors* proceeding.
This City was granted, by letters from the Lords Directors of the
1654] Court Minutes of New Amsterdam. 267
Chamber at Amsterdam, the Lords and Patroons of this Province, the
excise within this City, and therefore we have delivered to your Honors
a certain writing, dated 31st. August last, wherein we have given such
promise, as we had hoped would have brought everything to a good
posture, but we have not received any answer up to this time ; so that,
on one side or the other, we cannot regulate or do anything.
We trust, therefore, that your Honors will not deprive this City of
the receipt of the aforesaid excise, which the Noble Lords and Patroons
of this city have granted and allowed ; but in case your Honors may
require some aid, it would, in our opinion (under correction) be proper
to find something appertaining to the Province, but not specially belong-
ing to this City. Therefore recommending the matter to your Honors*
wise discretion, we commit your Honors to the further merciful protect-
ion of the Almighty, and remain,
Your Honors* humble Servants,
P. L. van die Grift,
Will Beekman,
Oloff Stevensen.
Done in our Assembly, at the City Hall in New Amsterdam this
23? Nov. 1654.
Monday, the 30*** Nov. 1654. In the City Hall.
Present — the Heeren P. L. vander Grift, Will. Beekman, Olofif Ste-
vensen, and Comelis van Tienhoven.
Jan Barentsen, pltf. v/s Geurt Coerten, deft., demands pa3rment of fl.
76 being wages earned last May at days works, and 5 skepels of wheat,
value fl. 15., for over work, whereof he rec** one skepel of peas @ fl. 4 and
half a can of Brandy @ fl. 12., so that a balance remains of fl. 85. Deft,
sals that, according to the best of his knowledge, he owes only fl. 60 for
days works, besides 5 skepels of wheat, which do not admit of any doubt,
requesting proof of acc*t. ; on what earned etc. and promises to liquidate
the same within 14 days. Ordered by the Court that, pltf. shall furnish deft,
with an account of particulars, and agree either by themselves, if possible,
or their Arbitrators ; Otherwise to return to Court.
Arent Calebuys, pltf. v/s Laurens Com* van Wei, as Atty. for Claes
Tysen, deft. Pltf. as before, claims compensation for six lost planks,
268 Court Minutes of New Amsterdam. [1654
which he had given to Claes Tysen as freight. Deft, denies, as before,
that the time was fixed to take them on board, and if any plank had
drifted away, it was because pltf. himself had not placed them high
enough up in safety, where they could not be carried o£F, maintaining that
he was not responsible for any loss, so long as he received no notice, and
no delivery was made. The Court, after having heard and examined pltf.
as to whether he could prove his statement, that the time was appointed
to receive the planks, or that notice or delivery had been made, received
for answer, that he has no other evidence, but what he already exhibited.
Therefore the Court having heard the demand and defence on both sides,
find, that pltf. has failed in sustaining his statement. His further demand
and claim, thereupon, were, consequently, dismissed and the deft dis-
charged.
Willem Pietersen, pltf. v/s Jan Jansen Schepmoes, deft. Upon a
question relative to a security for Hendrick Jacobsen Patervaer's wife for
fl. 45., on which deft, took up 30 Beavers. As the ace' and difference of
parties are to be examined, the Court has ordered each to choose an arbi-
trator, and as the parties have left the selection to the Court, Daniel
Litschoe and Jacob Stryker are appointed, who are hereby requested and
authorized to examine the account and dififerences of the parties, and if
possible to reconcile the same ; otherwise to communicate their opinion
in writing to the Court.
Engeltie Mans, pltf. v/s Tryntie, Paulusen Heyman's wife, deft.,
demands payment of a balance of fl. 163. for beer delivered. Deft, ac-
knowledges to owe 5 half bbls. of strong beer @ 12 fl. each — fl. 60. and
says, that she owed only gl. 20 [on the old debt], which she heretofore
had [settled.] Pltf. acknowledges to have received gl. — on the old debt ;
says, that she owed 23 gl. Deft, is condemned to pay within 2 weeks
from date, what she acknowledged to owe ; and should pltf. prove, that
there are still 3 gl. due her, to pay that in like manner. On pain of
execution.
Maria de Truwe, pltf. v/s Arent Jansen, Provost-marshal, deft,
demands payment, according to writing, of fl. 14.8., also for one can of
Spanish wine and a wine glass, besides, fl. 12.8, making together fl. 27.6.
Deft, acknowledges the debt, but 'pretends to have discharged it by a
certain fine, which had been imposed on her. Deft, is condemned to
1654] Court Minutes of New Amsterdam. 269
pay within 14 days the fi. 27.6, which he acknowledges to owe, with the
privilege, should he have any action, to institute the same.
Comelis Hendricksen van Dort, pltf . v/s M^ Thomas Young, deft.,
claims, that he had assisted the Ketch ofif the Hellgate rocks etc.
Skipper Laurens Comelis van Wei, examined, declares, he has heard, that
Mr Young offered One Hundred guilders to C. VanDort, to remove his
Ketch off the Hellgate rocks to Manhattans. Will? Vestjens declares,
as Skipper Laurens, that 100 gl. were offered, but that there was no
agreement. Parties having been heard and^ the proof of the parties'
allegation being insufficient, the Court of this City referred the same to
two Arbitrators, and appointed, as such, Thomas Hall and Laurens Cor-
nelis Van Wei, to examine the differences between the parties and, on
proof, absolutely to decide the same.
Pieter Caspersen, pltf. v/s Teunis Tomassen Quick, deft. Deft, in
default.
Govert Loockermans, pltf. v/s Johannis Nefius, deft. Deft, in default.
Pltf. exhibiting certain petition and extract from the Register requesting,
as attorney for Pieter vander Veen, from deft, payment, according to ace*
rendered, of his share in the construction of the small ship, the New Love^
whereupon was decided : Whereas Johannes Nefius being summoned,
according to promise of Comelis d'Potter dated 29 Sept. 1653 given in
Court, is in default, and no answer appears to the demand of P. van Veen ;
the attorney of Comelis d'Potter is therefore ordered (for the 2*? time) to
answer to the said acc^ by the next Court day, according to the aforesaid
request, or in default thereof, judgment shall be pronounced.
At the request of Albert Pietersen, Trumpetter, rendered by petition
for leave to sell beer and wine by the small measure, on payment of the
proper excise — is Endorsed — Petitioner's request is granted on condition
of paying the proper excise, according to custom.
Monday, 7. Decemb. 1654. In the City Hall.
Present — the Heeren Martin Krigier, P. L. vander Grift, Will. Beek-
man, and Oloff Steven sen.
Hans Jansen, gunner of the PeartreCy pltf. v/s Symon Claessen,
Skipper of the Flower of Guelder^ deft. In a matter of slander, wherein
deft, accused and charged him, pltf., two days after they had been at sea.
270 Court Minutes of New Amsterdam. [1654
with having given information of the contraband sold to Claes Bordingh,
in this manner — that pltf. had told the Fiscaal of it for a can of wine ;
demanding proof, or honorable reparation. Deft, demands proof, that
such had been said ; when ; how ; and at what time and place it occurred ;
when he should vindicate himself. Pltf. was required to prove his state-
ment.
Arent Jansen, Provost Marshal, pltf. v/s Jan Peeck, deft. Deft in
default Deft's wife appeared in Court ; deft is ordered to appear in
person, as he, and not his wife, is sunmioned.
Maria de Truwe, pltf. v/s. Jan Swaen, deft. Deft, in default.
Isaack Greveraer, as husband and guardian of Lysbet Juriaensen,
daughter of Skipper Juriaen Andriessen deceased, and Daniel Litschoe as
guardian of the son of the aforesaid, request, by petition, as the said skip-
per Juryaen Andriessen's widow is about to marry again, and the two
proclamations have been made, that guardians may be appointed by the
Court, to proceed according to circumstances for the rights of the child-
ren in the father's estate. The request being just, the Burgomasters and
Schepens of this City, select as guardians the said Daniel Litschoe and
Jacob Strycker, who are hereby required and authorized, to proceed ac-
cording to equity and proof of the just claims of the children of the
aforesaid Jannetie Jans in the matter of their patrimony and to cause the
same to be recorded, and confirmed* at the Secretary's office of this City,
so that it may be found for all time. Daniel Litschoe and Jacob Strycker
being called into Court, and being unprovided with any excuse, the said
Litschoe and Strycker accepted the same and promised the Court to act
honestly therein.
Johannes Nefius answering in writing the demand of Covert Loocker-
mans, attorney for P. C. van Veen for payment of the joint partnership
in the construction of the ship, the New Love, requests delay 'till the
return of or advice from Comelis d'Potter. Copy hereof is granted to
parties to answer the same by the next Court day.
Ordered and Resolved by the Burgomasters and Schepens of this
City, that each member of the Board shall draw from the Excise fund in
part payment of his allowed salary, the sum of one hundred and fifty
guilders, except the Heer Krigier as Burgomaster, fl. 175. Wherefore
Jacob Kip is ordered to pay the same into the hands of each of the Court
together with sixty guilders to the Court Messenger as a present for his
1654] Court Minutes of New Amsterdam. 271
services. Thus Ordered and resolved at the Assembly this 7*** Dec' 1654.
N. Amsterdam.
Was subscribed^ Martin Krigier, P. L. vandie Grift, Will. Beekman,
Paulus Wolfertsen, and OloflF Stevensen.
Saturday afternoon, 12*?* Dec' 1654. In the the City Hall, were as-
sembled The Worshipful Heeren Martin Krigier, Allard Anthony, P. L.
vander Grift, Will. Beekman, P. v. Couwenhoven, Oloff Stevensen, Johan
Nefius, and Comelis van [Tienhoven].
At this Meeting it was unanimously Resolved, Whereas the Rt. Honble
[Director General] intends to depart, the Burgomasters and Schepens
shall compliment him, before he take his gallant voyage, and for this pur-
pose shall provide a gay repast on next Wednesday noon, at the City Hall,
in the Council Chamber. Whereupon the list of what was required was
made out, and what was considered necessary was ordered.
Copy.
This 8*? Decemb. 1654. New Amsterdam. Extract.
At a meeting of the Supreme Councillors, Nicasius desille, J. La
Montague, and the Heer Fiscaal Com? van Tienhoven, with the Burgo-
master Martin Krigier and Schepens Paulus Leendertsen vandie Grift,
Will Beekman and Oloff Stevensen, of the City of New Amsterdam in
New Netherland.
The Hon^*• General Petrus Stuyvesant inquired whether it was not
necessary to increase the present number of Burgomasters and Schepens
of this City, by the addition of one Burgomaster and one Schepen.
The Supreme Councillors decide, that such is necessary ; from the
persons named by the Supreme Council, the Director General elected
Allard Anthony as Burgomaster, and Johannes Nevius as Schepen.
Allard Anthony and Johannes Nevius being called before the Meet-
ing took before the Director General the accustomed Oath, the first as
Burgomaster; the second as Schepen. Done at the Meeting of the
Hon".* Director General and Supreme Council of New Netherland, the
year and day aforesaid.
Underneath stood,
Agrees with the Register of Resolutions of the Hon"* Director Gen-
eral and Supreme Council of New Netherland, and was signed,
Comelis van Ruyven, Secretary.
272 Court Minutes of New Amsterdam. [1654
Monday, the 14'*" Decemb. In the City Hall.
Present — the Heeren Martin Krigier, Burgomaster, Willem Beekman,
Pieter van Couwenhoven, and Oloff Stevensen, Schepens ; the Heer C. van
Tienhoven, Sheriflf, together with Allard Anthony, Burgomaster, and Jo-
hannes Nefius, Schepen, who took their seats, on this day, for .the first time.
Arent Jansen, Provost Marshal, pltf. v/s Jan Peeck, deft., demands
payment of the fine as deft., first, has tapped, notwithstanding the denial
of his license ; secondly, because he has had tapping and Clubs after
nine o'clock. Deft, denies it. The Court orderes pltf. to prove his state-
ment by notarial declaration against the next Court day.
The Heer Paulus Leendertse vandie Grift, present.
Hendrick Jansen Ruyter, pltf. v/s Arent Jansen, the Provost Marshal,
deft., demands payment of fl. 25.2 for consumed victuals. Deft, acknow-
ledges the debt and prays delay. Deft, is condemned to pay pltf. and
whereas deft, is content, that the Heer Tienhoven shall pay the same from
what comes to him on acc^ of the prisoners, pltf. is satisfied therewith and
the parties are reconciled.
Marinus Luyckesen, pltf. v/s Laurens Cornelis van Wei, deft. Deft,
in default.
Willem Beekman, pltf. v/s Richard Pal ton, deft. In case of Arrest
Deft, in default. Pltf. complains, that deft, has gone away and departed,
notwithstanding said summons and arrest.
Maria de Truw, pltf. v/s Jan Swaen, deft. Pltf. demands payment
of fl. 17.12 stiv. Deft, says, that he gave an order on Christman deceased
to pay pltf. the same out of his monthly wages. He claims something
from pltf. for earned wages. It is ordered, that the books of Christman
dec? be examined, to see if deft, be debited therefor. If not, he is con-
demned to pay pltf., after deducting, what justly belongs to himself.
Skipper Symon Claessen, pltf., v/s Cornelis Schut, deft., demands pay-
ment of fl. 119.12 for freight etc. according to acknowledgement, and that
in beavers. Deft, offers to pay pltf., but in guilders according to agreement,
which does not mention beavers. He maintains, therefore, that he does
not owe beavers, but Wampum or the currency of this place. Deft, is con-
demned to pay pltf. in merchantable beavers, according to the custom of
freight here, pursuant to the statement of Sieur Cornelis Steenwyck and
Claes V. Bordingh, who were hereby requested and authorized thereto.
1654] Court Minutes of New Amsterdam. 273
Laurens Comelisz van Wei, pltf. v/s Michel Paulissen. Both in
default.
Govert Loockermans appeared in Court and delivered his reply (in
writing) to the answer of Joh. Nefius, in the matter of the joint partnership
of the New Love, Requesting quick dispatch. Joh. Nefius requests
copy thereof in order to reply thereto and to the ace' of pltf *s claim.
Endorsement :
At the request of Joh. Nefius, copy of the same was granted him,
together with copy of the accS which pltf. shall render, and it is Or-
dered, that he reply thereto by the next Court, or in default, judgment
shall be rendered according to pltf's demand.
Daniel Litschoe and Jacob Strycker, as appointed guardians of the
minor children of dec** Juryaen Andriessen, presented in Court, this day,
the inventory by them taken of the property and Estate of the said Juriaen
Andriessen's Widow, Jannetie Jans : with a certain petition, whereby the
Court is requested, to decide whether the house and lot, furniture etc.
should be appraised or sold by auction : or whether the widow shall agree
to the purchase of the children's father's property. Also, whether the
Court understands, that Isaak Greveraet, (and the two minor children)
shall participate in the inheritance, in virtue of his wife, Lysbet Juriaensen,
being deceased's daughter, in addition and together with the outfit, accord-
ing to a certain Ordinance and law mentioned in the Petition.
Whereupon was endorsed :
The tenor of the petition having been read, the widow of dec? Jur-
yaen Andriessen, and the guardians of the surviving children of Juryaen
Andriessen, are authorized, to have the residuary estate valued by disin-
terested persons, according to the inventory, or otherwise to cause the
same to be publicly sold for the profit of the Widow and Orphans ; or to
have a sale effected between the widow and guardians of the surviving
children. And after one or other of these shall be concluded, communi-
cation thereof shall be given to the Burgomasters and Schepens of this
City, in order to examine and ratify the transaction for the peace of the one
and the better vindication of the other. Concerning the matter of Isaak
Greveraet, the Burgomasters and Schepens refer them to the Custom and
written law of the Fatherland. Done, this 14 December 1654 at Amster-
dam in New Netherland.
VOL. I— X8
2 74 Court Minutes of New Amsterdam. [1654
As the winter and holidays are at hand, the Burgomasters and
Schepens resolve, that there shall be no ordinary meeting between this
date and three weeks after Christmas. Wherefore, the Court Messenger
is ordered not to summon any person, in the meantime, to a Regular
Court. Done etc.
Extraordinary Court held on Friday the i8'? Decemb. 1654. In the
City Hall, at Amsterdam in N. N.
Present — the Heeren Martin Krigier and Allard Anthony, Burgo-
masters, P L. vandie Grift, Will. Beekman, P. van Couwenhoven and Oloff
Stevensen.
Govert Loockermans as atty for Pieter Comelisz van Veen, pltf. v/s
Johannes Nefius, as atty for his father in law Cornelis de Potter, deft
Pltf. persists in his previous claim, that deft, shall be condemned to deliver
and pay over to him, pltf., in his aforesaid capacity, the monies which,
according to ace' rendered, Com* de Potter owes on the joint building of
the vessel, the New Love ; or at least that the same be sequestered. Deft
handed in his written reply, requesting delay until advices from, or the
arrival of his father, aforesaid. Burgomasters and Schepens of the city,
having heard and examined the demand, answer, reply and replication of
the parties, together with the declaration of Claes van Elsand, Court
Messenger, relative to the summons served in the name of Pieter Corn?
van Veen, on Cornelis de Potter, before his departure, have, after mature
deliberation on every thing material, condemned, as we do hereby, the
deft, Johan. Nefius, as attorney for his father in law Cornelis de Potter,
to produce at the Secretary's office of this City, within 14 days from date,
the monies, which Cornelis de Potter owes on the joint construction of
the ship the New Love^ according to the ace* rendered as well by pltf. to
Sieur Corn? de Potter, as to the Sieur Joh. Nefius.
Jacob Jansen Huys, Skipper of the Peartree^ pltf. v/s Pieter Ru-
dolphus, deft. Pltf. demands payment of the freight earned in the afore-
said ship ; being willing to deduct the fl. 64. for damages which, by
decision of the two Arbitrators, the deft, suffered in his goods. Deft
demands, in writing relief from and the annulment of the decision rendered
by P. L. van die Grift and Cornelis Steenwyck, dated 14'** inst. relative to
the loss of goods, being ready to pay the freight, on condition of deduct-
^^55] Court Minutes of New Amsterdam. 275
ing so much per cent, as others. He demands, also, from the Skipper
aforesaid, free of damage and loss, compensation and reparation of the
damage, done to his goods in the aforesaid Ship, according to appraise-
ment and estimation of the Court, or indififerent valuators.
Endorsement : —
Copy hereof shall be given to the Skipper Jacob Jansen Huys to
reply thereto at the next Court.
Burgomasters and Schepens of the City of Amsterdam, in New
Netherland, having seen the agreement entered into by the appointed
guardians of the Minor Children of the late Juryaen Andriessen and
Jannetie Jans, his widow, dated the 15*?* of this month, relative to the sale
of the Children's father's property, and executed before the Notary
Schelluyne, and presented this day in Court, have approved of and ratified
the said agreement and sale, on condition that the house and lot now,
according to agreement, in the Widow's possession shall be hypothecated
in the Secretary's office of this City, before two Schepens. Done this 18*?*
Dec. 1654, in the Court aforesaid at the City Hall in Amsterdam in New
Netherland.
Monday, the I8*^ January 1655. In the City Hall were assembled
The Heeren Martin Krigier, Allard Anthony, Will. Beekman, Pieter van
Couwenhoven, Johannes Nefius and Comelis van Tienhoven.
Pieter Hudde, pltf. v/s Jan Martyn, deft., demands payment of fl.
285 in beavers, according to an obligation, dated 5 Sept. 1654, Deft,
acknowledges the note to be due ; but demands payment of certain 10 lbs
of Cochineal sold and delivered to the pltf. for 3 skepel of wheat per
pound, or what the same shall bring in the market. Pieter Hudde says,
that he bought from the deft. Jan Martyn some Cochineal and no pepper
as it turned out to be and was shown in Court. He therefore maintains
that he is not indebted. Deft. Jan Martyn is condemned to pay the fl.
285 within two .months from date, according to obligation. As to the
other matters in question, touching the Cochineal and pepper, the parties
both on the one side and on the other, may duly institute and verify their
action.
Officer Tienhoven having summoned Jacob Steendam * to Court for
♦ Jacob Steendam, the first poet of New York, was, it is supposed, a native of Enck-
hnysen, Holland. After a service of 15 years in the employ of the West India Company
27^ Court Minutes of New Amsterdam. [1655
having erected, wholely out of the line of the Street, his house opposite
old J. van Couwenhoven's, without the consent of the Fence viewers, or
the Court, requests for the prevention of all irregularities, that two or three
members of the Court be appointed to visit the building and to regulate
the same, as it shall be found necessary. Jacob Steendam insisted that
he could build on his lot, as he pleased. The request of the Officer being
found reasonable, it is Ordered, that two of the Court be appointed to inspect
and regulate the building in such a manner, as shall be found necessary ;
and for that purpose were chosen, besides Officer Tienhoven, Burgomaster
Allard Anthony and Schepen P. van Couwenhoven.
Allard Anthony, pltf. v/s Teunis Kraey, deft., demands payment of a
certain note drawn by deft, in his favor, on the 21" Sept. 165 1, amounting
to fl. 82 . 5. with interest at 10 per cent per annum and costs. Deft ac-
knowledges the note ; says, he has paid something thereupon, but does
not know how much. Pltf. exhibits particulars of acc^, whereon the debt
accrued, and that fl. 34 were paid thereon ; complaining further, that deft
insulted him. Deft, therein acknowledging his error was forgiven. And,
further, the obligation and what was paid thereon being examined, it was
found that deft, still owes a balance of fl. 48 . 5. to pay which amount, in
two weeks the deft, is this day, condemned by the Court. What regards
the claim of pltf. for interest and costs, he was compensated by the com-
mission on the sold goods and the Kennebec traders, which is not deducted
in the acc^ and, therefore, his demand, in this particular is dismissed.
Jan Jansen from Broutange, Tailor, pltf. v/s Cornelis Hendricks
van Dort, deft. Pltf. demands payment for a woollen cloak fl. 8., and for
a coat fl 6. ; in ail fl. 14. Deft, says, he does not refuse to pay pltf. but re-
quests that he shall first return him the cloth, that remained. The Court
of this city orders, that Hendrick Kip and Jacob Strycker,, both Tailors
he came to New Amsterdam about the year 1650, to reside there 10 years apparently as
upholsterer (see vol. I., p. 158 et seq,) and wrote in 1659 his poem, called the ** Com-
plaint of New Netherlands" which is the first known attempt at versification in this State.
This was followed by " Praise of New Netherland " in 1661, about which time he re-
turned to Holland, disposing of his real estate in the City and on Long Island, viz. on
Pearl Str., near the Battery ; on the EUistside of Broadway below Wall Str., on Exchange
Place, betw. William and Broad Str. ; on Pearl Str., West of Coenties Slip, and lands in
Mespath and Flatlands, L. I. In 1666 he went tojthe East Indies and died at Batavia,
Island of Java, about 1672. The late State Senator Murphy published the poems in
English.— B. F.
i^ss] Court Minutes of New Amsterdam. 277
here, shall examine and inspect the manufactured cloak and coat, to see
if the cloth, which deft, gave is all used or not, and on coming to a con.
elusion, communicate their opinion in writing to the Court, should parties
not come to an agreement.
Fredrick Lubbertsen, pltf. v/s Warner Wessels. deft. Pltf. rendering,
his demand in writing, requests that deft, be condemned to pay him the
balance of monies due on the purchase of his house, and to enter suffi-
cient bail, that the bill of exchange already drawn shall be accepted ; or
that he shall again restore him the house and pay the rent for the time
he has resided therein. Deft, shews by acc5, that he paid pltf. up to fl. 83.
after the first payment, both by the bill of Exchange for fl. 600. as other-
wise ; requesting delay, until the same be paid, maintaining that he is not
bound to give security for the payment of the Bill of Exchange. Deft,
is condemned to fulfil the contract, entered into on the 9^ March 1654.
and to pay pltf. acording to the tenor thereof without delay.
Cornelis Jacobsen Steenwyck, pltf. v/s Pieter Kock, deft., demands
repayment of fl. 200. in wampum, which he loaned him. Deft, acknow-
ledges receipt and debt, but requests that the money be paid to him
which has been realized from the sale of the property of John the Smith,
who absconded for robbery committed in his house, in consequence of
which he was obliged to contract this debt, in order to restore the Wam-
pum to the Deaconry ; in order therewith to meet this obligation. Parties
being heard, deft, is condemned to pay pltf.
Whereas Jan Gerritsen, Smith, being accused of stealing about 5@
600 guilders in wampum from the house of Pieter Kock, Burger and
inhabitant of this City, has absconded, and to this date has not returned
to answer ; therefore the Burgomasters and Schepens of this City, have,
at the request of the aforesaid Pieter Kock, and for the restoration of the
stolen wampum, consented, that, he shall appropriate the monies, accrued
from the old iron work sold to Burger Jorissen, according to obligation of
fl. II 1. 7}. together with 6 beavers sequestered by the Secretary and
should he know of anything else belonging to the aforesaid Jan Gerritsen,
he shall report the same, so as to obtain something back towards his loss.
Therefore Secretary Kip is ordered to hand over to him the aforesaid
obligation with assignment, in the name of the Burgomasters and Schepens,
together with the sequestered Beavers.
278 Court Minutes of New Amsterdam. [1655
Johannes de Peyster and Johannes Nefius as Deacons, pltf. v/s
Hendrick Hendricksen, Tailor., deft., demand payment of fl. 246, being
borrowed money, and interest thereon due Deacons since the year 1651.
Deft, acknowledges receipt of fl. 181. from the deaconry, which with prom-
ised interest amounts to the above demand, requesting delay until spring.
Burgomasters and Schepens condemn the deft, to pay within one month
the aforesaid debt to the pltfs. in their quality as aforesaid, on pain of
instant execution.
Cornelis Steenwyck appeared in Court and exhibited a certain obli-
gation, dated 22^ Dec 1653, signed by Burgomasters and Schepens,
amounting to the sum of fi. 935. for work and materials furnished for the
public defence. Requesting payment of the same — was answered. The
Petition shall be attended to in time and season.
Read the answer of Allard Anthony in quality of Attorney of Jacob
Jansen Huys, skipper of the Peartree to and against Pieter Rudolphus,
deft., ordered and requested that Govert Loockermans, Johannes de
Peyster and Johannes Pietersen Verbrugge do examine the matter in
question, before the Court of this City, between Allard Anthony in his
quality aforesaid of the one part and Pieter Rudolphus of the other
part, and to communicate in writing, according to the best of their know-
ledge, their opinion to the Court, in order that, after delivery of docu-
ments and opinion, judgment may be pronounced, should parties not be
satisfied.
Isaak de Foreest appeared in Court stating, that there is, next to his
house and cellar * a waste and unoccupied lot, whence his cellar is filled
with water, and he suffers and must experience much damage, requesting
that Daniel Litschoe, the owner or agent of said lot, be ordered to build
thereon, according to the Placards, or to have the same rated, in which
case he petitioner shall build thereon. Ordered, that Daniel Litschoe be
called on to build on his lot and to keep the petitioner harmless.
The Officier Tienhoven informed the Burgomasters and Schepens
that the Supreme Councillors intend to appoint D. van Schelluyne High
Constable (Concierge^ and should the Burgomasters and Schepens have
aught to say against it, it was resolved and concluded that they should
deliberate thereon.
* In the present Stone Str. aboat 60 f. from WhitefatU.-^Valentine, Hist, 0/N. K., lit.
^^ss] Court Minutes of New Amsterdam. 279
Monday, the 25^ of January 1655. In the City Hall.
Present — the Heeren Allard Anthony, Burgomaster, Pieter van
Couwenhoven, Johannes Nevius, Schepens.
Cornelius van Lanckvelt, pltf. v/s Jan Geraerdy, deft. Pltf. requests,
in writing, that deft, shall be condemned to render, as his late Copartner,
a proper account and satisfaction regarding the administration of what
they had both transacted together, and that through two impartial referees
to be commissioned by the Court. Deft, says, that he has accounted to
pltf. through Capt. Labady and one Snuttin, and that they burned all the
papers ; maintaining that he is not bound to account again. Pltf. denies
that they had any mutual settlement, and deft, not exhibiting any dis-
charge or acquittance, the Court condemns deft. Jan Geraerdy to give an
ace! in due form, to pltf., of his administration through Johannes J. Ver-
brugge and Comelis Steenwyck, who are hereby authorized to examine
the ace! and differences between the parties, and if possible to reconcile
them ; otherwise to report, in writing to the Court.
Resolved, unanimously, by the Burgomasters and Schepens, that the
chest with the old lumber at the house of Jan Schryvers belonging to Jan
(Gerritsen) the Smith, an absconder, be sold publicly to the highest bid-
der, in front of the City Hall, in payment of the expenses incurred by
said fugitive.
Monday, the i" February 1655. In the City Hall.
Present — the Worsh. Heeren Martin Krigier, Allard Anthony, Pieter
van Couwenhoven, Oloff Stevensen, Willem Beekman, Johannes Nefius
and Comelis van Tienhoven.
Jan Gerardy, pltf. v/s Comelis van Lanckvelt, demands by petition,
that, inasmuch as they had settled their accounts, and deft, lays claim to
half the yacht, which they had in company, and denies the deed, which he
has thereof, he be condemned to give security to exhibit to the Court the
legality and justice of his claim, as well as for the costs accming thereon.
Deft, fully acknowledges to have given such handwriting, but with a view,
that said bark might not be attacked and captured by English Privateers,
as similar writing was also given in reference to certain tobacco ; but adds
that it did not apply to the bark. Parties having been heard, and no
satisfactory proof being exhibited of their conclusions, the Court orders,
28o Court Minutes of New Amsterdam. [1655
in regard to the claim of pltf. and the representation of deft that they, on
both sides shall enter into such bail for both their claims, and the costs,
which may accrue thereupon, to prove their pretensions within two months
from date, on pain of his being deprived of his rights, who shall be in
default.
On the written request delivered in Court by Jacob Steendam relative
to the building on his lot, was endorsed : — Ordered that petitioner shall,
pursuant to the survey of the Commissioners, erect his house within 14
days from date, on pain of the Burgomasters and Schepens, in case of
failure, directing the Inspector to report, how he shall have acquitted him-
self herein, and that, meanwhile, he shall not presume to build any further
thereupon, before he has obeyed this injunction.
Mr. Gysbert van Imbroecke appeared in Court and stated that a hogs-
head of tobacco, belonging to Kingh Tom, had been attached at his house
by Nicolaes Boot ; and whereas there is no end to the matter, and
the tobacco is spoiling more and more, and lies in his way, he requests,
that it may be disposed of, as their Worships may think proper. The
request being found reasonable, it is Ordered, That the hhd. of tobacco
shall be publicly sold by the Secretary, in front of the City Hall, to the
highest bidder, and the monies remain in deposit, until disposition be
made thereof.
On the request of AUard Anthony, presented in Court, relative to fl.
51. 18. sequestered in the Secretary's Office, through Pieter Comelis van
der Veen and his Attorney in the matter between him, Allard Anthony
and Coenraet Ten Eyck, Secretary Kip was ordered to return him the
said monies, as it appears, that Coenraet Ten Eyck has been satisfied by
Mr. Doudey.
On the request of Rendel Huwit, an Englishman, to sell beer and
wine by the small measure and to keep lodgings here, is endorsed : —
Petitioners request is for the present not granted.
Allard Antony, in quality of Att'y. of Jacob Jansen Huys, Skipper of
the Ship PeartreCy presented in Court the opinion rendered in the matter
between said Allard Antony and Pieter Rudolphus, by Sieurs Govert
Loockermans, Johan de Peyster, and Johannes Van Brugge, as impartial
arbitrators thereunto requested and authorized by the Court ; and the Court
having taken cognizance of the written statement of the said arbitrators
1^55] Court Minutes of New Amsterdam. 281
dated 25. Jan'y 1655, decide, that the said opinion is reasonable and
just. Wherefore, Allard Antony was ordered to deduct fl. 86. 6. on the
freight of said damaged goods, and Pieter Rudolphus was ordered to pay
the balance of the freight on the imported goods, and his demand is dis-
missed relative to the discount of 25 per cent, on the freight, inasmuch as
he exhibits no proof or contract therefor. As for the leakage in dispute,
nothing appears before the Court ; as either party made no claim, relative
thereto, each is at liberty to bring his action. Thus done at the aforesaid
Court, this i" Feb. 1655.
Whereas the election is near at hand, and certain monies are still
forthcoming and in the Treasury from fines, extraordinary sessions,
defaults etc. Ordered that the Secretary make out an account thereof,
and collect the same in order, that a repartition be made thereof.
On the 3*? February 1655, appeared at the Secretary's office of this
City, Pieter Rudolphus and declared that, finding himself aggrieved by
the sentence pronounced by the Burgomasters and Schepens of this City,
dated 2nd Feby. inst., relative to the matters and things, between him,
Pieter Rudolphus, and Allard Antony, as attorney of Jacob Jansen Huys
skipper of the Peartree^ he therefore appeals to the Supreme Council of
New Netherland ; Done etc. was signed Pieter Rudolphus.
Copy.
Extract.
Whereas pursuant to the privilege of this City of Amsterdam, in New
Netherland, some of the Magistrates retire annually on the 2"'' February
and others must be elected in their places by the Director and Supreme
Council from the most eligible inhabitants : Therefore the Supreme
Council (in the absence of the Hon"* Director General) has in con-
formity with the order of the Noble Superiors and the privilege already
conferred by the Lords and Patroons of this Province, elected and
chosen, as they hereby elect, in place of the retiring Burgomasters Martin
Krigier and Schepens, the old Schepen Oloff Stevensen as Burgomaster
together with Allard Antony, and as Schepens, (besides the old Schepen
Johannes Nevius) Johannes de Peyster, Johannes van Brugge, Jacob
Strycker and Jan Vinje, whom the Commonalty are hereby notified and
required duly to honor and respect. Done, Amsterdam, this 31 January
Af 1655 on Sunday. In th^ margin stood, On this day, 2°^ Feb. 1655 the
282 Court Minutes of New Amsterdam. [1655
above named persons have taken the customary oath, and was signed
Nicasius d'Silla, La Montagne, Coraelius van Tienhoven. Lower stood ;
By Order of the Supreme Councillors, signed, Comelis van Ruyven, Sec-
retary. Beneath was— Agreed with the Register of Resolutions of the
Supreme Councillors, signed Comelis van Ruyven, Secretary.
Copy.
The necessity for a High Constable {Concierge) to enforce executions
in civil cases having been brought before the meeting of the Supreme
Council, (in the absence of the Director GenL, Petrus Stuyvesant) by
Fiscal Cornelius van Tienhoven, Therefore, taking into consideration
the proposal of the said Fiscal made on the 17^ Decbr. 1654, present the
Hon^*^ Director General, and Council and the offered resolution, which
followed thereon, which required for the maintainance of justice and
the execution of sentences that will be rendered either by the Supreme
Council, or the Magistracy of this City of Amsterdam, in civil cases ; the
Supreme Council by and with the advice and consent of the Burgomasters
and Schepens of this City, have nominated and appointed Dirck van
Schelluyne to the said office, who appearing at the meeting has taken the
proper oath, on the following commission and instruction, saving entire
the oath taken as notary at the Hague. Done, Amsterdam, in New
Netherland this 6. February A"*- 1655, and was signed, Nicasius de Silla,
La Montagne, Comelis van Tienhoven, Allard Anthony, Oloff Stevensen
and Johannes Nevius. Lower stood — By order of the Supreme Council,
signed, Comelis van Ruyven, Secretary.
Copy.
Whereas it is considered highly expedient for the service of this
New Netherland Province, the welfare of its inhabitants, and the main-
tenance of justice and the execution of all civil decisions, that a fit and
proper person be appointed in this City of Amsterdam in New Nether-
land, as High Constable (Concierge) to execute judgments in civil cases
according to the laudable custom and usance of the City of Amsterdam
in Holland, the Supreme Council (in the absence of the General) have,
therefore, by the advice of the Burgomasters and Schepens, appointed
as High Constable within the jurisdiction of this City, as they hereby
do, the person of Dirck van Schelluyne charging, accordingly all and
every whom these presents shall concern, not to hinder or molest the
x6s5] Court Minutes of New Amsterdam. 283
said Dirck Van Schelluyne in any wise, in his office, but rather when
necessary and, by him required, to render him all aid for the better
execution of his office, which they must do with pleasure and receive
our favorable opinion. Thus done in the Assembly at Fort Amsterdam,
in New Netherland, the 6^ Feby. 1655. Was signed, Nicasius de Sille.
Lower stood ; By order of the Supreme Councillors, signed, Comelis
van Ruyven, Secretary. On one side was the Provincial Seal, impressed
on red Wax.
Instruction given by the Supreme Councillors (absent the Director
General) to Dirck van Schelluyne, provisionally appointed High Con-
stable {Concierge) of this City of Amsterdam in New Netherland, by
which he shall have to govern himself in the performance and exercise
of his office and duty.
I.
First, he shall endeavor to levy all executions in civil matters, on the
order of the Burgomasters and Schepens of this City touching the domain
of this City, and that on such allowance as shall, according to circum-
stances, be found necessary.
2.
Whenever any judgment rendered by the Burgomasters and Sche-
pens of this City shall be placed in his hands, he shall be bound to govern
himself according to the tenor thereof, and having received the same, to
put it in execution according to the custom of the renowned City of
Amsterdam in Holland, but with all discretion according to the circum-
stances and constitution of the inhabitants here.
He shall not presume to receive, even through the third or fourth
handy any gifts or presents, to the injury of the rights of those interested,
or to delay execution, on pain of deprival of his office.
4.
The High Constable shall receive, as fee, from all judgments of a
hundred guilders and upwards rendered by the Burgomasters and Sche-
pens, twelve stivers from the successful party, on account of said judg-
ment.
s.
From all other judgments below a hundred guilders, the sum of six
styvers.
284 Court Minutes of New Amsterdam. [1655
6.
From .all interlocutory judgments rendered in writing during trial,
six stivers.
7.
From each insinuation, summons,, or renewal which the High Con-
stable shall serve within the jurisdiction of this City, with particulars
thereof, he shall receive four and twenty stivers : provided he keep
proper Register of the particulars, annotated with day and date.
8.
For the sale of distrained goods six guilders per day, each day being
reckoned from 9 @ 1 1 hours, or as many hours, more or less according
to circumstances.
9.
For making out and affixing notices on three places, each notice
eight stivers a piece.
10.
For all insinuations, summons and renewals extending beyond the
jurisdiction of this City to the Fresh Water, on the Island Manhattans,
six and thirty stivers.
II.
For insinuations, summons and renewal served beyond the North or
East Rivers, either at Pavonia or thereabout, and on Long Island where
there is, as yet, no Bench of Justice, he shall receive sixty slivers, good
money, it being understood that he shall bring in his acc^ for boat-hire,
and ordinary expences, and demand the same from his employer.
12.
After sale and receipt of the proceeds of the distrained goods, he
shall first deduct his salary [fees] and pay over to the successful party,
with all despatch, the monies to him belonging.
No more of the seized property shall be sold, than amounts to the
sum entered in the judgment with costs thereon.
14.
For the better execution of his office, the Sheriff, Messenger, and the
servants of justice shall assist the High Constable when necessary.
^^ss] Court Minutes of New Amsterdam. 285
The Director General reserves unto himself to change, enlarge, or
diminish these, according as circumstances hereafter may demand.
Done at Amsterdam in New Netherland, this 6^ February 1655.
After collating, the foregoing copies are found to agree with the Register
of Resolutions of the Supreme Councillors of New Netherland, signed,
Cornelis van Ruyven, Secrete
Monday, the 8^ Feb. 1655. In the City Hall.
Present — the Heeren Allard Anthony, old Burgomaster, Oloff Steven-
sen, New Burgomaster, Johannes Nefius, Old Schepen, Johannes d'Peyster
Johannes Pieters. Verbrugge, Jacob Strycker, and Jan Vinje, New Sche-
pens, who this day have first taken their seats, and Cornelis van Tienhoven,
Sheriflf.
Borger Jorisen, pltf. v/s Maryn Luyckesen, deft. Pltf. says, that
deft, has taken from the wharf his boat which Jacob Teunissen and
Abram de Truwe removed from before his door without his consent,
made use of it for his yacht, and allowed it to drift away, requesting the
restoration of his boat and payment of whatever salvage might arise
thereon. Deft, answers, that he has no benefit from the boat, but had
been only once to his Yacht, and again made it fast to the Wharf ; main-
tains, that he is not bound to restore it or to pay salvage. It is ordered
by the Court, that Borger Jorisen shall summon Jacob Teunissen and
Abram de Truwe, who are in default, by the next Court day, and institute
his action against them, as he says they took his boat away.
Borger Jorisen, pltf. v/s Jacob Teunissen and Abram de Truwe,
defts. Defts. in default.
Jacob Steendam, pltf. v/s Jacob Hendrickse Varvanger, deft., states,
that he purchased and received a deed for a lot from deft, on condition, to
free the said lot from all claims, which any one might bring against the same;
and whereas now [he has begun] to build, and is forbidden to erect on the
furthest ground on the street, he requests deft, be condemned to free the
lot according to the deed of survey. Deft, says, he sold and conveyed
the lot on such conditions as he received the same from Cornelis van
Tienhoven, and requests therefore, that if there be any claim thereupon,
the aforesaid Cornelis van Tienhoven shall answer for the same, and he.
286 Court Minutes of New Amsterdam. [1655
deft., be discharged. Cornells van Tienhoven answering thereupon,
says, that the lot was delivered free ; as it appears not to have been bur-
thened, incumbered or charged by any one ; but as to what regards the
deduction for a proper road, the owner must abide by the common laws
of this place, requesting, therefore, that the survey executed by the Road
inspectors may be enforced. Pltf. J. Steendam was Ordered to institute
his action against the person, who sold to him, and to follow the Order of
the iV of Feby. On the further request of Jacob Steendam, presented in
Court, to be permitted to place his house in question (opposite J. v.
Couwenhoven) on the Strand, according to survey, the Court granted the
same, and thereto were commissioned as Inspectors, Oloff Stevensen and
Pieter van Couwenhoven with the Officer Comelis van Tienhoven. Done,
this 8^ Feb. 1655.
Corn* van Tienhoven informed the Court, that he had been informed
that the country people intended Riding the Goose* again as they did
last year, and enquired, therefore, if their Worships of the Court would
do anything to oppose it ; that it was forbidden by Resolution of the
Supreme Councillors and prevented. Therefore it was decided by the
Court that the Fiscal Tienhoven shall, ex officio^ seasonably declare the
same to be illegal.
Allard Anthony exhibiting in Court certain judgment, dated 18 Jany.
last, rendered by the Burgomasters and Schepens against Teunis Kraey
for the sum of fl. 48.5. requests, that inasmuch as the said Kraey has
failed to pay in accordance with said judgment, the High Constable be
authorized to levy execution. Request being found reasonable, on the
judgment was endorsed : At pltf's request, the High Constable is au-
thorized to execute, in due form, the forementioned judgment.
Monday, the 22 Feb. 1655. In the City Hall.
Present — the Heeren Allart Anthony, and Oloff Stevensen, Burgo-
masters, Jacob Strycker and Jan Vinjie, Schepens, and Comelis van
Tienhoven, Sheriff.
Fiscal Cornells van Tienhoven makes known to the Court, that ap-
parently some of the Company's Soldiers and Servants will ask the Court
for permission to tap, and as many Soldiers and Servants will, thereby, be
* See Laws and Ordinances.
^^ss] Court Minutes of New Amsterdam. 287
led into debauchery and many irregularities will occur, he requests the
Court will be pleased not to grant their application.
Jacob van Couwenhoven, pltf. v/s Rendel Huwit, deft. Deft, in
default.
Borger Jorisen, pltf. v/s Abram d'Truwe, and Jacob Teunissen,
defts. Pltf. says, that defts. took his boat without his knowledge from
" the Wall " and carried it to their Yacht, and sailed from One Ship and
Yacht to the other, and in the meanwhile the boat drifted away ; he
requests that defts. be condemned to restore his boat and pay whatever sal-
vage may accrue thereon. Defts. deny having taken the boat from " the
Wall," or to have made use of it ; but that they saw the boat at the Yacht,
when they sold and delivered it [the yacht.] Pltf. Borger Jorisen was
ordered to prove by the next Court day, by whom the boat was taken
without his knowledge and consent from " the Wall " and then to summon
the parties, when further disposition shall be made of the matter.
Jan Jansen Langedyck, pltf. v/s Nicolaes van Holsteyn, deft. Pltf.
rendering his demand in writing touching certain tobacco, which deft, re-
moved from his premises on Sunday during the preaching, in the absence
and without the consent of pltf. and for which he refuses him proper pay-
ment. Copy of pltf 's demand was thereupon granted by the Court to the
Officer at his demand, and pltf. was ordered to summon his party by the
next Court day, and to prove his allegation.
Gerrit van Neut and Jan van Cleeff, pltfs. v/s Jan Sybrantsen, deft.
Deft, in default.
On the request of Caspar Steynmets, rendered by petition, for leave
to tap beer and wine, for the accommodation of the burghery and stran-
gers etc. Was endorsed — Petitioner's request is granted, according to the
custom of this place.
Sybout Claessen, carpenter, states, by petition, that he has agreed
with Paulus Leendertsen vandie Grift, late Schepen, to construct sheet
piling (Schoeinge) before the City Hall ; and whereas he is prevented
from performing the work by the sudden winter, and the want of materi-
als, enquires therefore, whether the Burgomasters and Schepens persist in
the said resolution or desire a change in the work, also whether when the
plan is made, they will be pleased to deliver the materials. Whereon was
endorsed — Burgomasters and Schepens are resolved, that the undertaken
::r-3 JjuTt Minutes of Ncw Amsterdam. [1655
v'jctL iaui proceed JcconliDg to contract, and that the plan and necessary
"•i-^-"* .e -ieiivered to the petitioner.
. 3 .Tie TetictoQ of Hendrick Jansen Sluyter, Soldier, to tap, is en-
..■>«xi — .-'or rvusons. petitioner's request is denied.
"?ie -eiiuoQ oi Daniel Litschoe to erect a wharf before his door on
■b .-:ruiii. * jud ciiat the other neighbours be ordered to do the same, is
-.utieu :-j r iscai Coraelis ran Ticnhoven to communicate the same to the
fwf'ictiw CJuacii.
.'n -.he written petition of Pieter Rudolphus presented in Court, rela-
te :-,• ;:ie le*k.ing of the barrel etc in question, contra Allard Antony, as
uiuiiK* :ur :^lLipper Jacob Jansen, it is ordered: — The tenor thereof
^ttt^ vAd in court. Burgomasters and Schepens refer petitioner to the
ai^£iu<:ui r«n\lered by their Worships in date first of Feb'. As to the
utiitci .'^-ti '.{ueijiion about the leaking of the barrel, which has not, as
>i;t, ^.■«ll '.>cough[ before the Court, and relative to which no disposition
,-Aii ^ct 'm iii.tde, petit' is ordered to produce, within 14 days (on pain of
tcu)^ Uc^fvd >jf his right of action) sufficient proof how much, and what
ob» '.iv' 'Ills sullered by leakage, with a stipulation how the damage oc-
.4uvJ. Meanwhile the Court will order two coopers to inspect the
!*«>tv4 ^ho i^atl report thereon to their Worships and petitioner ; which
Jitiiw, ihv- Ci-'urt will deliberate thereupon and decide according to the
iu'4>i^ ''t thv case. In the interim, petitioner is ordered, pursuant to
u\HU«.iii< iuJ(LUtent and on the instant request of Allard Antony, to satisfy,
Ks\>4\liiitt (^> Ihe tenor thereof, the freight belonging to Jacob Jansen.
Ihtf llun'^ Cornclis van Ticnhoven informed the Court, how Gysbert
\Mi li»bu>wk has by petition requested the Supreme Councillors for
)K*uiiiiMi>» to make a lottery of a certain quantity of Bibles, Testaments
A/j,i\ «'(h«> tHH>kii according to catalogue, that two be appointed to value
tbM ^Mvs aitd to Hclect something for the Poor therefrom ; and asked if
^^uuMtvt* and Schepens had any thing to say against it, as it was a
wt, which roncerna the Commonalty. Whereupon it is
K«M>lv»U that the same being advantageous, shall be proceeded with.
ll»M>nilly. whether the Burgomasters and Schepens would please to
In tht morning in the Supreme Council for the purpose of agree-
• M*M (ht Miriwr u[ Wall and Pearl Str., the latter being called the Stnad.
1655] Court Minutes of New Amsterdam. 289
ing on something relative to the Fire Inspectors, chimneys, and the banks
of the river, within this City etc. It was decided in the affirmative.
Monday, i" March 1655. In the City Hall.
Present — the Heeren AUart Anthony, OloflF Stevensen, Comelis van
Tienhoven, Johannes ^ Verbrugge, Johannes Nefius, Johannes de Pey-
ster, Jacob Strycker, and Jan Vinje.
Jacob van Couwenhoven, pltf. v/s Rendel Huwit, deft., demands
payment of the sum of fl. 47. 7. Deft, acknowledges, to be indebted to
Jacob van Couwenhoven, but shews by a judgment obtained by George
Ryght (Wright) at Gravesend against J. v. Couwenhoven, amounting to fl.
123., that the monies are arrested in his hands by Geo. Ryght of Grave-
send. Jacob van Couwenhoven denies the debt to George Ryght ; denies
also that he was ever summoned or had been before the Court, but on the
contrary claims still about fl. 98. from George Ryght. Parties having
been heard, it was decided by the Court, that Rendel Huwit be con-
demned to place, within 14 days from date, the fl. 47. 7., which he ac-
knowledges to owe to J van Couwenhoven, in the hands of the Secretary
of this City, to remain there, until the question be determined between
pltf. and George Ryght.
Jan Jansen Langedyck, pltf. v/s Nicolaes van Holsteyn, deft. Pltf.
rendering his demand in writing requests, that deft, be condemned to
produce the dufifels, which he has promised to deliver for pltf's tobacco,
and to repair and pay the damage, which pltf. has suffered by the un-
seasonable removal of the tobacco and this suit, to be estimated by arbi-
trators to be appointed by the Court. Deft, acknowledges to have
purchased the tobacco at 5 stiv. the pound to be paid for in blue cloth,
without any duffels being named ; acknowledges that on Sunday, during
the Sermon, he removed the tobacco from pltfs house in a cart, which
came passing by, but says that it was then fair and seasonable weather
and that pltfs wife consented ; adds, that he still [has] the tobacco,
which is forthcoming, whenever he likes. Pltfs wife being heard, says
she did not consent to the removal of the tobacco, neither did she object
to it ; but that duffels were to be received at the rate of two and a half
ells * for eight guilders. Nicolaes Holsteyn being heard again, says there
* One ell =2 feet.
VOL. I.— 19
290 Court Minutes of New Amsterdam. [1655
were 280*^ of tobacco, which was cured, and about 30*^ not cured. Bur-
gomasters and Schepens referred them to Johannes Nefius, Govert
Loockermans and Comelis Steenwyck, to examine the differences on both
sides, and according to the result to deliver their opinion (saving the
action of the Officer) and in default of agreeing to communicate their
opinions in writing to the Court.
Gerrit van Neut, pltf. v/s Jan Sybrantsen, deft. Inasmuch as deft
borrowed a gun from the pltf. full two months ago and has not yet re-
turned it, restoration of the gun is now demanded, in as good condition
as when loaned, or payment of 4 beavers, which it cost the pltf. Deft,
undertakes to deliver the gun, within eight days from date hereof, to the
pltf. in as good order as he received it, or in addition to its restitution, six
guilders according to its condition. Wherewith both parties were sat-
isfied.
Nicolaes Tcrhaer, pltf. v/s Arent Jansen, Provost Marshal, deft.
For payment of fl. 6.16. and whereas defendant is now detained and no
default can be granted, he is ordered to be again summoned.
Maria Geraerd, pltf. v/s Harmen Douwesen, deft. Both in default
Harmen, the Cooper, pltf., v/s Jan Willemsen van Leyden, deft
Pltf. says his son bought a sow from deft, for fl. 26. and paid thereon all
but 2 gl. Requests deliverry of the sow. Deft says, he does not know
pltf. ; demands that he shall exhibit authority from his son, when he deft,
will institute the action, which he has against his son. Pltf. says, he has
no power from his son, but a verbal order, which he says he can prove,
and if deft, has any lawful claim, he promises to fulfill it Deft. Jan van
Leyden, instituting his action says, that defts son has berated his wife for
a whore and threatened to cut out her tongue ; also that she must rear
and maintain hogs or otherwise starve, and that she cost more now, than
she was worth. Acknowledges that he received two beavers and other
things to the amount of 24 gl. Burgomasters and Schepens, on hearing
the parties, have condemned deft., Jan van Leyden, to deposit in the
hands of the Secretary of this city within eight days from date, the fl. 24.
which he acknowledges to have received on the sale of the pig, and that
the pig shall then belong to him.
Comelis van Tienhoven, as Sheriff of this City, pltf. v/s Abram de la
y Sina, a Jew, deft. Pltf. rendering his demand in writing, says, that he^
^^ss] Court Minutes of New Amsterdam. 291
De la Sina, has kept his store open during the Sermon, and sold by retail,
as proved by affidavit ; concluding, therefore, that deft, shall be deprived
of his trade, and condemned in a fine of six hundred guilders. The
charge having been read before deft., who not understanding the same,
it was ordered that copy thereof be given deft, to answer it by next Court
day. Fiscal Comelis van Tienhoven informed the Burgomasters and
Schepens, the Director General and Supreme Council have resolved, that
the Jews, who came last year from the West Indies and now from Father-
land, must prepare to depart forthwith ; and that they shall receive notice
thereof, an4d asked, whether Burgomasters and Schepens had anything to
object thereto. It was decided, No ; but that the resolution relating
thereto should take its course.
Allard Anthony informed the Court, that the Supreme Council (on
petition of Gysbert van Imbroeck relative to a book-lottery) has resolved,
that the same be proceeded with, and that the books be accordingly val-
ued at one hundred over the Invoice, whereof the poor should received
one third including expenses ; the surplus to be for petitioner ; whereunto
were appointed from the Supreme Council, the Heer Montagne ; request-
ing that two may be adjoined to him from this Worshipful Court. There-
fore it is that by plurality of votes were commissioned thereunto, the
Heeren Allard Antony and Johannes Nevius as appears by the following :
The votes :
Oloff Stevensen I.
( ^^lon oicvensen i.
^ ( Johannes Nevius IIIIII.
I Plurality.
^, ^ ^ ( Allard Antnony mm. )
Oloff Stevensen <
Allard Anthony IIIIII.
Johannes Nevius
Allard Anthony
Johannes dTeyster I.
Joh: Nevius <
, , ,._ c Allard Anthony
Joh: dTeyster ] ^ ^ ^^ .
( Johannes Nevins
Johan Verbrugge like Joh. dTeyster ; Jacob Strycker like dTeyster ;
Jan Vinje like Strycker.
Whereas the Lords Patroons of this Province have been generously
pleased to grant the City Hall to the City, therefore early measures must
be taken to repair and protect the said house with sheet piles {ScAaeyif^^) ;
J
292 Court Minutes of New Amsterdam. [1655
and whereas it is much incumbered by a quantity of salt deposited therein
by Cornelis Schut and otherwise cannot be conveniently entered, before
the said City Hall be emptied of certain goods and lodgers, their Wor-
ships are, therefore, of opinion that Cornelis Schut be seasonably notified
by the Messenger, to provide himself with a store-house for his salt, and
those who lodge therein to procure other lodgings, so that the City Hall
be not wholly spoiled by the salt, nor occupied by others. Done, this
iV March 1655. At the Assembly in the City Hall, at Amsterdam in New
Netherland.
Guert Coerten petitions for leave to tap. Whereupon was endorsed : —
Petitioner's request is, for this time, refused.
On the petition of Jan Rutgersen to sell beer by the pot in the City
Hall (where the little sail loft was given him to dwell in) is endorsed : —
Petitioner is permitted to lodge in the City Hall for one month, as his
house was burnt down in the winter, at the expiration of which time
petitioner shall depart ; meanwhile he can look out for another dwelling.
Remainder of the Petition is denied.
Pieter Jansen offers to be a Watchman at a proper salary. En-
dorsed — Petitioner's request shall be attended to in due season.
Monday, 8^ March 1655. In the City Hall.
Present — Allard Anthony, Oloff Stevensen, Johannes Nefius, Johannes
dTeyster, Johannes Verbrugge, Jacob Strycker, Jan Vinje, and Cornelis
van Tienhoven.
Hendrick van Dyck, pltf. v/s Harmen Douwesen, deft. Pltf. as
Atty. for Sieur Hans Hontum and his Brother demands sequestration of
seventy seven beavers balance of an obligation of 88 beavers, passed in
favor of Cornelis Tomassen dec*?, actionem cessam * whereof against afore-
said deft, has been transferred. Deft. Harmen Douwesen, being in
default, the pltf., Henrick van Dyck, requests, that Harmen Douwesen
shall be forthwith cited to come into Court by the Court Messenger, in
the name of the Court, to either admit or deny the signature to the obliga-
tion. The first default was granted against deft, by the Burgomasters and
* Actionem cessam is simply an assignment of a right to sue. It could take efiFect
during the life of the assignor or was created by will. In the latter case it did not take
efiFect, until after the death of the assignor. Damhouder, Rerum CiviUum Praxis, c,
49.— "B, F.
1^55] Court Minutes of New Amsterdam. 293
Schepens, and pltf. was ordered to summon his party again by the next
Court day.
Michel Paulissen, pltf. v/s Tomas Lambertsen and Com* Comelissen,
defts. Concerning payment of a half years rent. Defts. acknowledge, to
owe the rent of the out-house, which they occupied ; offer to pay the
same ; deny having the whole house to their use or to have put any one
into it, but occupied it solely with pltfs consent, who may demand his
rent from the occupant thereof. Parties being heard. Burgomasters and
Schepens referred them to two arbitrators to determine the suit if possi-
ble ; otherwise to deliver their opinion in writing to the Court, whereunto
are appointed Pieter van Couwenhoven and Claes Bordingh. Done etc.
Jacobus Bakker, pltf. v/s Jan Hendrick Steelman, deft. Pltf. ren-
dering his demand in writing, asks possession of the house and lot in the
Smith's Valley, that the deft, occupies, inasmuch as he claims to own the
same by conveyance and deed of Attorney ; or that deft, shall prove in
Court by what right he holds the same. Endorsement : Ordered by the
Worsh. Court that deft, shall be granted copy of the demand, thereto to
answer by the next Court day.
Willem Hallet, pltf. v/s Hendrick de Sweet, deft., demands payment
of fl. 177. Deft, requests copy of the demand, to reply thereunto by next
Court day. Deft's aforesaid request is granted.
Borger Jorisen, pltf. v/s Maryn Luyckesen, deft. Deft, in default.
Borger Jorisen, pltf. v/s Jacob Teunisen and Abram de Truwe, defts.
Being, as before, for salvage for searching for and fetching a boat, which
had drifted away. Defts. assert as heretofore, that they are innocent. Pltf.
demands, that Anthony Loodewycksen be heard in Court as a witness,
who appeared and declared, that about 8 weeks since, he came past
Borger Jorisen's door and there heard the matter about the loss of pltfs
boat, when Maryn Luyckesen said to Borger Jorisen *' Let the boat be
brought back ; I will pay the expense." It was decided by the Court (as
Maryn Luyckesen is in default, and the aforesaid declaration affects him),
that no further disposition can now be made of the matter than default.
Govert Loockermans, pltf. v/s Hendrick Pietersen, Kint in 7 Watery
deft. Pltf. demands that deft, be condemned to fence pltfs land accord-
ing to contract, on the decision of Arbitrators. Deft says, that he three
different times has fenced the land, maintaining that he is not bound fur-
294 Court Minutes of New Amsterdam. [1655
then Pltf. denies, that he ever delivered him the land fenced. Ordered
by Burgomasters and Schepens, that deft. Hendrick Pietersen shall prove
that he has delivered Govert Loockermans the land fenced, according to
contract.
Gysbert van Imbroeck, pltf. v/s Nathaniel Hazard, deft. In case of
arrest for payment of fl. 42. for cloth sold and delivered to deft, over two
years ago. Deft, denies, that he ever purchased or received cloth from
pltf. Pltf. says he sold and delivered the cloth to deft., and that Thomas
Baxter is only his bail. Deft's father being in Court acknowledges the
receipt of the cloth from pltf 's shop by his other son for a garment and an-
other person for a coat, but on account of Thomas Baxter, who was
indebted to his son and the other person ; and was security for pa3rment
Pltf. requests, that the Court Messenger be heard, who declared that he,
some time since, summoned the aforesaid Nataniel Hazard at the suit of
pltf. in the aforesaid case, but he did not appear ; and that said Nataniel
Hazard then said, that he received the cloth, and would have an account
thereof, in order to write to Baxter about it. Pltf., Mr. Gysbert, being
further heard offers to declare on oath, that he sold the cloth to Hazard's
son, and that before he should do so, he insisted on security and that
Baxter came then and became bail, but not principal. Parties being
heard, Ordered that Mr. Hazard's Son, who received part of the cloth,
with Nataniel Hazard shall appear by next Court day in person, and that
Mr. Hazard, the father, shall remain bail for him until further disposition
be made of the case.
Nicolaes Terhaer, pltf. v/s Arent Jansen, Provost Marshal, deft
Deft's 2I default.
Comelis van Tienhoven, pltf. v/s Jacques de la Motthe, deft. Deft
in default.
Abram Nickels asks the Court, in writing, whereas he has suffered
certain damages in his goods in the ship, the Peartree^ and the Heer
Allard Antony is agent for the Skipper of aforesaid ship, to transact all
his business, whether the Worsh. Court would be pleased to appoint arbi-
trators to settle the matter : — Whereupon was endorsed — At petitioner's
request the Heer Johannes de Peyster and Sieur Govert Lookermans are
required and authorized to examine the petitioner's goods, which were
damaged in the ship, the PeartreCy and if possible to bring parties to
^^ss] Court Minutes of New Amsterdam. 295
agree ; otherwise after examination of the matter, to report their opinion
in writing to the Court.
On the petition of Pieter Rudolphus, of this date relative to the ques-
tion about the leakage of the barrel ; contra Allard Antony, was endorsed
— Ordered, that copy shall be delivered to Allard Antony to answer there-
unto in writing by the next Court day.
Geurt Coerten requests, de novOy by petition to be allowed to tap, as
such is granted to persons of other nations, such as French and English ;
or reasons for refusal. Endorsement : — Petitioner is referred to the last
endorsement, dated the ist. March Ult''. Actum etc.
Copy.
At the meeting (present the Hon. Supreme Councillors, Nicasius de
Sille, J. La Montague and the Heer Comelis van Tienhoven,) appeared
the Worshi! Allard Antony and Oloff Stevensen Cortlandt, Burgomasters
of this City of Amsterdam in New Netherland, who proposed to the
Supreme Council, how necessary it was, that proper attention and care
should be paid to the matter of survey ; requested, therefore, as one
Fence Viewer, Paulus Leendertsen van die Grift has gone to Cura9oa
with the Director General Petrus Stuyvesant, and the Fiscal van Tien-
hoven only remained as Fence Viewer, that another fit person, conversant
with surveying be adjoined to him, and appointed in place of the late
Fence Viewer, Lubbertus van Dinclagen. The Supreme Council having
considered the proposal, made by the said Burgomasters and Schepens,
have, from a double number presented by the Magistracy of this city,
elected as Fence Viewer of this city, Pieter Wolfertsen van Couwenhoven,
former Schepen of this place. Thus done at the Council held in Amster-
dam in New Netherlands the 2I March 1655.
Lower Stood, By Order of the Hon. Supreme Councillors of New
Netherland,
Signed, Comelis van Ruyven, Secretary.
Monday, the 15* March 1655. In the City Hall.
Present, the Heeren Allard Anthony, Oloff Stevensen, Johannes
Nefius, Johannes de Peyster, Jacob Strycker and Jan Vinje.
Jacobus Bakker, pltf. v/s Jan Hendricksen Steelman, deft. Pltf.
persists in his preceding demand and conclusion, dated 8^ March handed
296 Court Minutes of New Amsterdam. [1655
into Court. Deft, answers in writing, shewing by letter from Roeloff
Teunissen to Sieur Schrick and bill of sale, dated 4^^ July 1652 from Sieur
Schrick, that he lawfully bought the house, lot and garden which he occu-
pies, and paid, thereupon, 500 guilders, requesting, therefore, that pltf's
demand be dismissed, or otherwise that the Court will please to postpone
their decision, until Sieur Paulus Schrick shall come in person to confirm
his sale. Demand and answer of parties having been seen and heard by
the Court, it was decided, that the question on both sides, shall remain
open until Sieur Paulus Schrick shall arrive here, or an express shall come
from him, touching the aforesaid affair. Therefore pltf's demand is for
the present dismissed. Jacob Bakker requested further, that Jan Hen-
dricks Steelman shall be condemned to sign the conveyance of the house
in the Beaver's path,* according to condition and signature of the pur-
chase. Jan Hendricks requests, that J. Bakker shall deliver him copy of
a certain bottomry bond for about 2200 gl., at which time he is prepared
to sign. Jacob Bakker maintains, he is not bound to give the copy, but
offers to hand the same to the Worshipful Court. Ordered by the W.
Court, that Jacob Bakker deliver to the Secretary copy of the bottomry
bond, and that Jan Hendricks shall then sign the conveyance according
to contract.
The Heer Tienhoven present.
Hendrick Oloffsen de Sweet (the Swede), pltf. v/s William Hallett,
deft. Pltf. replying to the demand of W? Hallet says, that Hallet's claim
and a/c are not correct ; requesting, that he prove the same or confirm it
on oath, when he is willing to pay ; demanding, on the other hand, dam-
age for what Hallet's cattle did to his plantation in turnips, pumpkins,
tobacco, maize etc. at the discretion of the Court, or the verdict of arbi-
trators. Parties were ordered to deliver to each other copies of their
acct's and claims and to settle the same before arbitrators ; whereupon
William Hallet chose Carel van Brugge, and Hendrick de Sweet, Jan van
Leyden, to whom the Court referred the matter between the parties, to
make them agree if possible, or otherwise to report in writing to the
Board.
Cornelia Schellinger, pltf. v/s Lubbert van Dincklagen deft., de-
♦ Now Morris Street.
^^ssl Court Minutes of New Amsterdam. 297
mands payment of fl. 1156, with interest according to the obligation
drawn by L. van Dincklagen and Comelis Melyn dated 16 Aug. 1653*
Deft. L. van Dincklagen, before answering, demands, that pltf. shall
exhibit authority from her husband and that she shall then institute her
action in writing. Ordered by the Court, that pltf. shall exhibit author-
ity from her husband and then institute her action in writing.
Comelis Melyn, pltf. v/s Lubbert van Dincklagen, deft., demands
payment of fi. 300 according to obligation dated 4 Jan^ 165 1, drawn by L.
van Dincklagen and Jacob Loper in favor of Augustine Heermans, and
assigned to Schrick and conveyed again by Schrick to Comelis Melyn.
Deft, requires, that pltf. shall institute his action in writing, but acknow-
ledges, that he signed the obligation with Jacob Loper. Burgomasters
and Schepens condemn deft. Lubbert van Dincklagen to pay as his part
the sum of fl. 150, being half of the note, and decides, that Comelis
Melyn shall prove, who owes the other half.
Govert Loockermans, pltf. v/s Hendrick Pietersen, JTiVi/ in V Water^
deft. Pltf. renders his demand in writing and again requests, that deft
be condemned, as he failed to prove, that the land was delivered enclosed,
to fence the land within a certain time or to have it done at his expense.
Deft, requests copy of the demand, and undertakes to prove by the next
Court day, that the land was fenced. The Court granted deft, copy of
the demand, and ordered him to produce his proof by the next Court day,
or that judgment shall be then rendered.
Hendrick van Dyck, pltf. v/s Claes Jansen Ruyter and Harm^
Douwesen, defts. Pltf. persisting in his aforesaid demand dated 8^*" March,
requests, therefore, payment of 77 beavers, balance of a note. Defts ac-
knowledge jointly and severally their signatures and to be justly indebted,
but respectfully request, in writing, time to pay. Parties having been
heard on both sides. Burgomasters and Schepens condemn defts to pay^
within six weeks, the remaining beavers with costs of suit, on pain of
execution.
Nicholaes Terhaer, pltf. v/s Arent Jansen, Provost Marshal, deft,
Pltf's wife appearing demands payment of fl. 6.16. for expenses incurred
according to bill of particulars. Deft, acknowledges to owe 2 gl. demands
that N. Terhaer confirm his claim on oath. Pltf's wife being pregnant,
declares with offer of oath, that the debt is justly due. Whereupon deft
298 Court Minutes of New Amsterdam. [1655
is condemned to pay pltf. the aforesaid fl. 6.16. with cost of suit and that
within 8 days from date.
Skipper Symon Claessen, pltf. v/s Tomas Hall, deft., demands pa3rment
of fl. 865.4. in tobacco or beavers according to contract for the purchase
of 1442 lbs. of hops. Deft acknowledges receipt of the hops, but sajrs he
owes a balance of only about 300 gl, as he paid the remainder on assign-
ment to OloflF Stevensen, Johannes van Twiller etc. Pltf. denies the same,
and whereas both parties differ thereon. Burgomasters and Schepens refer
them to Sieurs Govert Loockermans and Comelis Steenwyck as arbitrators
to examine the differences between the parties, and if possible reconcile
them, otherwise to report in writing their opinion to the Board.
Anthony Matysen, a Negro, pltf. v/s Egberts van Borsum, deft
Pltf. sais he has not been paid by deft for rearing his negro's child, which
his wife is nursing ; requests, therefore, that the child be declared free,
when he promises to rear the same at his own expense. Deft's wife ap-
pearing says, she bargained with pltTs wife for the child for one year at
least, and has not refused her payment of what she promised her in the
presence of other negroes. Requests, as she will not keep the child any
longer, that it be returned to her. Parties being heard it is ordered, that
Anthony Matysen deliver the negro child up to deft, and that Egbert van
3orsum shall pay what he promised at the time, according to contract.
Comelis van Tienhoven in quality of Sheriff, pltf. v/s Jacques de la
Motthe deft The Hon**** pltf. requests, that deft may be heard and ex-
amined before the Court on certain interrogatories as to what he has seen
at Leenderl Aerden's house between Nicolaes Holsteyn and Geurt Coer-
ten's wife. Deft answered on the Interrogatories and confirmed his dec-
laration by oath. Done in Court aforesaid. Comelis van Tienhoven in
quality of Sheriff demands, in writing, as the Court has heard the declara-
tion of the beforenamed Jacques de la Motthe, and seen the affidavit of
Charies Ensardt, whence it appears that Nicolaes van Holsteyn and
Geertie, wife of Geurt Coerten, were caught in adultery, that the Court
shall imprison the aforesaid Geertie, and then proceed duly against her
and the said Nicholaes Meyyer. Whereupon was, by the W. Court, endorsed:
Fiai^ this 15? March 1655.
Gysbert van Imbroeck appeared in Court with Nataniel Hazard, and
whereas his father and brother have not made their appearance according
^655] Court Minutes of New Amsterdam 299
to order dated S^ March, they are in default, Ordered that they jointly
appear by next Court day on pain of being debarred and judgment
rendered against them.
Adriaen Keyser, exhibiting certain judgment, rendered by Burgo-
masters and Schepens 5^ Oct. 1654, against Caspar Verleth for the sum of
fl. 198. demands, that the High Constable be authorized to levy execution,
Whereupon was endorsed : On petition of Adriaen Keyser presented in
Court, the High Constable is authorized to execute aforesaid judgment.
Done etc.
Burgomasters and Schepens having seen the decision rendered by the
arbitrators, dated 6 March, in the matter between Jan Jansen Lange Dyck
and Nicolaes van Holstein, resolve that the same is reasonable. Therefore
parties on both sides are condemned to conform themselves thereto.
Whereas Allard Antony, agent of Jacob Jansen Huys, has failed to
answer pursuant to the order of the 8^ of March, rendered at the request
of Pieter Rudolphus, who demands despatch, therefore in the further
prosecution of the matter, the following votes and conclusion were
come to :
VOTES.
Oloff Stevensen is of opinion, that the loss should come on the mer-
chant, inasmuch as he has not proved, that the damage occurred in the
ship.
Johannes Nefius is of opinion, that inasmuch as the barrel, according
to the declaration of the coopers, was full bound and the bottom had been
stove in, the loss ought to fall, by reasonable average, on the Skipper, and
it amounts to fl. 200.
Johannes de Peyster decides as the H' Nefius but for ** 150.
Jacob Strycker Item " 200.
Jan Vinje Item " 200.
CONCLUSION.
Burgomasters and Schepens having seen and examined the opinion of
two coopers and other documents in the matter at issue between Pieter
Rudolphus and the Honble. Allard Antony, agent of Jacob Jansen Huys,
relative to a certain leakage of a barrel on board the ship Peariree^ the
300 Court Minutes of New Amsterdam. [1655
bottom whereof was damaged by bad storage, find the same to be a matter
of doubt, which cannot be fully proved on one side or the other, There-
fore on the documents and evidence produced by the parties they have^
by plurality of votes concluded, that Pieter Rudolphus shall for the dam-
age incurred deduct from the freight, the sum of Two hundred Carolus
guilders. Done in Court at the City Hall at Amsterdam in New Nether-
land this 15*?? day of March 1655.
Copy.
To the Worshipful Burgomasters and Schepens of the City Amster-
dam in New Netherland.
We the undersigned neighbors living within your city, in Canal Street
(Straet rtan de Graft)''' from the new section unto the old wooden part^
respectfully and respectfully make known : —
We find by daily experience that said street is becoming more and
more unfit for public use, so that we should be well inclined both for our
own accommodation and the public good, ornament and welfare of this
city, to pave the said street with round stone on the first favorable oppor-
tunity, wherefore we have deemed it proper to propose the same to your
Honors, so that it may be begun and executed by your Worships' order^
and request your permission and such directions in the premises as to sur-
veys, levels, and drains etc. as you shall consider best for the Community ;
and we pledge ourselves to furnish the stone, the raising and lowering
necessary thereto, each to the extent of his house and lot, and further to
follow the general rule relative to paving and expenses, with the request,
that the unwilling be constrained to the same, so that if the work be be-
gun, it may be completed. Awaiting, hereupon. Your Honors' favorable
disposition, we remain your subjects. Done 15^**. March 1655 at Amster-
dam in New Netherland. It was subscribed : — OlofF Stevensen, Johan-
nes van Brug, Willem Tomassen, Abram La Noy, Isaack Kip, Isaack de
Foreest, Jacob Kip, the mark of Teunis Kraey, Hendrick Hendricksen
Kip, Maria Geraerd.
Endorsement —
The request of petitioners is granted and the Fence viewers shall be
* Sir oat van de Graft — Stone street, between Whitehall and Broad streets, where
the signers to this petition lived or owned property. It was the first street in the city that
was paved. — B. F.
»6ssl Court Minutes of New Amsterdam. 301
adjoined to them soon, so that the necessary work be proceeded with ;
meanwhile petitioners are recommended to prepare all the materials neces-
sary thereto. Done this 15 March 1655, at the meeting aforesaid and was
subscribed by the President Allard Antony, and further, By order of the
Burgomasters and Schepens, Jacob Kip, Secretary.
This 2 2d March 1655 appeared before the Secretary of this City of
Amsterdam in New Netherland the Honble Allard Antony as Attorney for
Skipper Jacob Jansen Huys ; and declared in said. quality, that he appeals
from the judgment rendered by Burgomasters and Schepens of the said
City, dated 15 March last, in the matter at issue between Pieter Rudol-
phus and aforesaid Allard Antony relative to a leaky barrel, to the Supreme
Council of New Netherland. Done at Amsterdam in New Netherland ;
was subscribed Allard Anthony.
Monday afternoon, 22**' March 1655. In the City Hall.
Present — the Heeren Allard Anthony, Oloff Stevensen, Johannes
Nefius, Johannes d'Peyster, Johannes Verbnigge and Jacob Strycker.
Gysbert van Imbroeck pltf. v/s Mr. Hazard and his two sons def ts., in
the matter of the purchase and receipt of cloth to the amount of fl. 42.,
appeared in court, who being again examined on both sides, concerning
the said matter, and proof being demanded — Pltf. Gysbert van Imbroeck
acknowledges, that he debited with the cloth on his journal, no person,
but Thomas Baxter, and that afterwards he added, as surety ; but through
his carelessness Hazard's son was not debited on his journal, but on his
ledger. Joshua Hazard who received half the cloth to the amount of fl.
42. ofifers to declare on oath, that he did not purchase the cloth from pltf.,
but received the same in payment from Tho's Baxter. Burgomasters and
Schepens having heard and examined the matter in dispute between Mr.
Gysbert van Imbroeck as pltf. against Hazards sons, in a claim for fl. 42.
for cloth sold ; and noted the confession of pltf. ; the offer of defts. and
the allegation of the parties, fin'd pltf. Gysbert van Imbroeck unsup-
ported ; wherefore his demand against defts in this matter is dismissed
and defts discharged (saving pltfs action against Thomas Baxter,) and it
is further ordered, that parties on both sides shall pay their own costs.
This 22** March 1655, at Amsterdam in New Netherland.
On petition of John Paulusen Jacquet for permission to sell drink out
302 Court Minutes of New Amsterdam. [1655
of his house by the pot with other trifles, is endorsed — Petitioners request
is granted.
The petition of the Burgers Court Martial to the Burgomasters and
Schepens to procure and keep two drums for the Burger Company, was
handed to the Burgomasters to be communicated to the Supreme Council
and to procure the payment.
Wednesday the 24** March 1655.
Extraordinary Meeting held in the City Hall at the City Amsterdam
in New Netherland, present AUard Antony and Oloff Stevensen Burgo-
masters ; Johannes Nefius, Johannes de Peyster, Johannes Verbrugge^
Jacob Strycker and Jan Vinje, Schepens.
Samuel Scarlet, pltf. v/s John Hudson, deft. Pltf. with his inter-
preter Thomas Hall demands ist. by what right deft, has arrested in this
city his person and Goods for 8000 guilders ; 2^. the reasons thereof inas-
much as he, pltf., is not nor ever was indebted to deft. Deft. Hudson,
with his interpreter Nicolaes Boodt, appeared in Court and delivered in
certain writing, wherein he sais, that pltf., Samuel Scarlet, is bound by
virtue of his handwriting to trade to Holland, England and Ireland and
to unload there ; and it is expressly stipulated, that he shall not land in
New England or New Netherland, and whereas the pltf., Samuel Scarlet,
has done so contrary to his contract and moreover required, that he, deft,
coming from Virginia should there pay the duty on the tobacco, whereby
he has suffered great damage, he therefore requests, that the arrest may
be declared valid, until he shall be indemnified for his past and future
losses with interest and costs. Pltf. replying says, that being in want of
some necessaries in consequence of the death of his brother, he was
obliged to come in here, but this was with express consent of the afore-
said John Hudson who told him, 14 days before coming here, that he
should have no fault to find with him, if he came here or among the
Swedes, wherever he could find the best market. And that coming here
he offered to deliver his person and goods to John Hudson either in
Holland or England, according to contract, but that John Hudson refus-
ing the same, he sold his tobacco here without his knowledge or consent ;
demanding therefore payment for the freight from Virginia here, at 12 gl.
per hhd. as has been usually paid by others ; reparation of damages from
1^55] Court Minutes of New Amsterdam. 303
arresty passage, board-money, as well as the duty to be paid in Virginia
for the tobacco. Deft. John Hudson denies, that he came here with his
consent, but that they had words about it, but no protest was served either
here or at sea ; acknowledges to have sold his tobacco here, and offered
pltf. Samuel Scarlet nine guilders per hhd. for freight from Virginia here,
says further, that he received a hogshead of tobacco from Samuel Scarlet
marked No. 27 : S : S : which he now refuses to receive back in payment
of freight. The Court having heard and examined the matters at issue
between the parties, and attended to all that may be material, have con-
demned deft. John Hudson to pay pltf. Samuel Scarlet, as freight from
Virginia here, for each hhd. of tobacco, twelve guilders on condition that
he shall receive in part payment the hhd. of tobacco, which Samuel Scar-
let delivered to John Hudson and that at the price the other tobacco sold
here for ; and if any tobacco duty shall be payable in Virginia, deft. John
Hudson must meet the same, and free pltf. therefrom ; and further de-
clare the arrest null, and condemn pltf. Samuel Scarlett in the cost of this
extraordinary session ; his claim for the arrest, passage, board money etc-
is discharged and deft, absolved therefrom. Done as above, at the afore-
said Court.
Isaack de Foreest attaches through the Court Messenger the monies
accruing from the hogshead of tobacco, which was left by Capt. King
Tom at Mr. Guysbert van Imbroeck's house, and was sold by the Sec'y
according to order at vendue. Ady this March. De Foreest gives
notice to the Burgomasters of aforesaid arrest and it is ordered that the
same be noted. This March 1655.
Monday 12 April 1655. In the City Hall.
Present — the Heeren Allart Anthony, Oloff Stevensen, Johannes
Nefius, Jacob Strycker, Johannes de Peyster and Comelis van Tienhoven.
Joost Godertsen, pltf. v/s Michel Tadens, deft. Deft, in default.
Thomas Hall, pltf. v/s Abram de la Sina, deft. Deft, appears ; pltf.
in default.
Jan Vinje, pltf. v/s Symon Joosten, deft. Both in default.
Claes Terhaer, pltf. v/s Comelis Albertsen, deft. Both in default.
Lysbeth Teysen, pltf. v/s Harmen Hendricksen, Cooper, deft. Both
in default.
304 Court Minutes of New Amsterdam. [1655
Andries Hoppen, pltf. v/s Albert Andriessen Noormaiiy deft. Both
in default.
Jan Vinje, Present.
Jan Rutgersen, pitf. v/s. Jan Vaen, deft. Pltf. appears ; deft, in
default.
Claes Terhaer appears in Court exhibiting a certain judgment dated
1$^ March last rendered by the Court against Arent Jansen for the sum of
fl. . . . with costs and demands, that the High Constable be authorized to
levy execution. Whereupon was endorsed : — The High Constable is, at
pltf's request, authorized to execute aforesaid judgment. Done etc.
Dirck van Schelluyne appears in Court, exhibiting certain judgment
dated 12 Oct' 1654, rendered by the Court against Claes Jansen Ruyter,
and requests that the High Constable be authorized to execute the same.
Whereupon was endorsed : — The High Constable i» hereby authorized
(at pltfs request) duly to execute the aforesaid judgment. Done, etc.
Schout, Burgomasters and Schepens of the City of Amsterdam having
caused the above order (dated ist. March last) to be legally served on and
communicated to you Comeiis Schudt, whereto there has not been any
attention paid up to this time, therefore, for the preservation of the City
Hall and the needful repair thereof, we warn you again to provide a proper
place for your salt, or failing therein, we shall be obliged, for the maintain-
ance of the City Hall, to remove the salt at your expence. Hereby you
must hold yourself warned for the last time. Done this 12^ April 1655, in
the Court at the City Hall of Amsterdam in New Netherland.
Extract from the Register of Resolutions of the Supreme Councillors
of New Netherland concluded at their meeting.
On Tuesday 13'** April 1655 it being made known by the Burgomasters
of this City of Amsterdam in New Netherland to the Supreme Council, how
necessary it was that Fire Inspectors be appointed, and fire regulations
made, and that for this purpose, they had according to instructions named
some persons, The said Supreme Council having found the same needful,
have elected from those nominated, as they hereby elect, as Fire Inspector,
of this City of Amsterdam in N. Netherl** Hendrick Kip, Go vert Loocker-
mans, and Jan Pauiuzen Jacquet. Thus done at the Assembly of the
Supreme Council of N. Netherland, held in Fort Amsterdam in New Nether-
land. Ady ut Supra. Lower stood — agrees with the aforesaid Resolution,
Comeiis vau Ruyven, Secretary.
i6s5] Court Minutes of New Amsterdam. 305
Friday the i6? April 1655 ; In the City Hall.
Present — the Heeren AUart Anthony, Oloff Stevensen, Johannes
Nefius, Joh. de Peyster, Joh. Verbrugge, Jacob Strycker and Cornells van
Tienhoven.
Copy.
To the Burgomasters and Schepens of the City Amsterdam in New
Netherland.
Whereas according to the charter of this City actions for fighting,
knife drawing and wounding must be brought before your Honors ; there-
fore I, Comelis van Tienhoven, in my capacity as Sheriff of the City of
Amsterdam, have apprehended the person of Aryan Jansen for having
violently attacked on shore his skipper (who must pay him wages and board
according to agreement) and assaulted him with a drawn knife, and
wounded him in the hand as the Skipper has complained and he demands
justice and aid. Therefore the Sheriff ex officio requests your Honors,
that Adriaen Jansen may be punished as an example to others according to
the tenor of the Placard, dated XVI. May 1647. ^^Y i^ April 1655,
Amsterdam, was Subscribed, Your Honors' Servant
Co. van Tienhoven.
The prisoner, on the above charge being heard in Court, says he did
not know, what he did, inasmuch as he was drunk. Prays Mercy.
The Heer Officer being asked for proof, proceeded with his evidence,
but requests, that the prisoner may again be heard.
The Prisoner being heard on the following points, answered as appears
in the Margin. —
Ques. I. Does he not know, where he drew his knife on the Skipper ?
Ans. I. No. As he was drunk. .
II. Did he then draw any knife ?
II. Yes. Against the sailors, who held a knife against his face.
III. Does he not know whether he had any words with the Skipper ?
III. No.
rV. Does he not know, that he hath wounded the Skipper ?
IV. No ; nor even that he threatened him.
V. Does he not know, who was by or about ?
V. Yes : says that the Skipper struck him.
VI. Did he ever quarrel with the Skipper before ?
VI. No.
3o6 Court Minutes of New Amsterdam. [1655
Ordered by the Court that the Officer shall produce his proof in support
of his action, as he claims, by next Monday. Meanwhile the Prisoner
shall be again remanded to prison.
Ordinance enacted and concluded by the Court of the City of
Amsterdam as to the time of appearing of the Schout, Burgomasters and
Schepens, both in Ordinary and Extraordinary Session.
Schout, Burgomasters, Schepens and Secretary shall be held to ap-
pear, on notification by the Court Messenger, at all ordinary sessions in the
City Hal] precisely at 9 o'clock on the ringing of the bell ; or at extraordi-
nary sessions at the hour appointed, under a fine as follows : —
First, whoever comes half an hour after the bell rings or the time ap-
pointed (when the Court Messenger shall turn a sand box, or Hour glass)
shall be fined six stivers : Whoever comes one hour too late as before said,
twelve stivers ; And whoever is wholly absent, or until the Court adjourns
(without good reason, such as sickness, being from home, to wit at Fort
Prange, at the South or North), shall be fined each time forty stivers.
Which imposed fines shall be paid immediately down, without any
exception and collected by the others, to be expended or employed in time
and circumstance, as by plurality of votes shall be found proper. Thus
ordained and concluded this 16 April 1655. At the aforesaid meeting in
the City Hall at Amsterdam in New Netherland.
Monday, 19*^ April 1655. In the City Hall.
Present — the Heeren Allard Antony, Oloff Stevensen, Johannas
Nefius, Johannes de Peyster, Joh : Piet" Verbrugge, Jacob Strycker.
Jan Vinje, and Cornelis Van Tienhoven.
Thomas Hall, pltf. v/s Abram Sina deft. Pltf. as agent for Capt.
Samuel Scarlet demands balance of the payment of 176 lbs. tobacco,
which deft, according to account still owes Scarlet. Deft, says, the
claim for tobacco is for half the weigh money, and that Capt. Scarlet
is bound to pay the same and other things, which he is holden for. Pltf.
proves by declaration of two witnesses, that Capt. Scarlet is not bound,
according to contract to pay any expense of weighing or otherwise ; and
deft, being asked, whether he can exhibit opposite testimony answered
No. But requests Abram la Plyne to be heard as a witness thereupon by
the Court. The Witness Abram la Pleyne appearing in Court confirms his
^^ss] Court Minutes of New Amsterdam. 307
declaration, but says that they afterwards agreed, that La Sina should pay
as others paid. Demand, answer and proof of parties having been heard
and examined by the Court, deft. Abram Lasina was condemned to pay pltf.
the balance of the money, which he detained for half the expense of
weighing the tobacco, as it appears that other traders, at this time, have
also paid the same.
Jan Rutgersen pltf., v/s Jan Vaen deft. Thomas Hall appeared in
Court for Jan Vaen who is in his employment, but says, that he will not
be answerable for pltfs. demand and denies to be in Jan Vaen's debt.
Two defaults were therefore entered against the deft.
Thomas Stevensen, pltf. v/s Thomas Hall deft. Pltf. making
his demand both verbally and in writing claims from deft, as agent
for John Robbins, payment of 7 pounds sterling for freight carried
some 10 @ 1 1 years since for said Robbins ; three pounds st'g interest
and 120 florins, or as much as the Court may consider just for expenses
incurred in travelling, and by loss of time, to prove his aforesaid action
as inclined. Deft, says, he has no other authority from John Robbins
than to receive ;^i2 st'g, which was reduced by arbitrators to ;^8. stg.^
maintaining that he is not bound to pay pltf., as the time for proof is
expired, and Robbins has been here and has not spoken on the subject.
The Court orders, that copy of demand and proof, as produced by pltf.
shall be delivered to deft, to reply thereto in writing by the next Court day.
Peter Taelman, pltf. v/s Richard Latten, deft. Pltf. says, that
deft, has his obligation for the sum of ;^36.ios. English, where-
upon he has paid an assignment of ;^io. odd and something else ;
requests therefore, that what has been paid on the note may be de-
ducted. Deft, says, he has the note for ;^36.io., which he exhibits in
Court and is acknowledged by pltf. Therefore deft, claims payment
according to the obligation, and say^, it has no connection with the other
handwriting or assignment, only j£s which the owner advanced there-
upon. Peter Taelman undertakes to prove, that he has made a payment
on the note, and that the other hand writing or assignment is in deduc-
tion of aforesaid obligation. The Court orders, that Peter Taelman shall
prove by next Court day what he paid and performed on the said obligation.
Peter Taelman, pltf. v/s Hendrick Jansen Smith, deft. Deft, in
default
3o8 Court Minutes of New Amsterdam. [1655
Adriaen Keyset demands by petition levy of execution, as the High
Constable failed, on summons and renewal, to execute the judgment he
had against Casper Varleth. Whereupon was endorsed — Petitioner and
Constable appearing in Court and reasons of refusal being heard, further
disposition shall be taken therein.
Jan Rutgersen requests by petition, inasmuch as he is sorely impov-
erished by the fire, and an old inhabitant, that he may have leave to sell,
with others, a few trifles and a can of beer and wine, and to receive lodg-
ers, whereupon was endorsed — Petitioners request is granted.
On the obligation, order and insinuation against Borger Jorissen,
relative to the payment of fl. iii.7i ^or purchased ironwork from the
shop of Jan the Smith, according to a note drawn in favor of Peter Kock,
is endorsed — Whereas aforesaid obligation concerns only Peter Kock, and
ironwork was sold for his behoof, Borger Jorisen is again condemned
to pay the same, on pain of execution, whereunto the Constable is
authorized.
Jan Jansen van Ebel appearing in Court complains, that he wants
some money from the Court Messenger, which he cannot obtain ; requests
that he be compelled to pay. Whereupon young Elslandt was ordered to
summon the old man, his father, before the Court at the suit of pltf. that
the parties may be heard.
On the petition of Nicolaes Langevelthuyzen, the West India Com-
pany's Corporal, for leave to tap, is endorsed — Whereas petitioner is a
servant of the Hon"' Company, he must first have the permission of the
Supreme Council. Therefore he is referred to the same. Further en-
dorsement — Petitioner's request, after communication with the Supreme
Council, is granted. Written this 20*!* April 1655, by the Heer Tienhovcn
himself. The endorsement of the Supreme Council being seen, the prayer
of petitioner is allowed. Done this 20^ April 1655. By order of the
Burgomasters and Schepens.
On the petition of Comelis Schut, presented to Court that his salt
may, for convenience, remain in the City Hall sometime longer, is en-
dorsed — Petitioner is referred to the Resolution communicated to him on
the 1 2*?* April last.
Marcus Hendrick Vogelsangh, Nicolaes van Holstein and Comelis
Martensen, factor, appeared in Court to state, that Christian Jacobsen
^^ss] Court Minutes of New Amsterdam. 309
Bakker hath died this day, and whereas he leaves a wife and children in
Netherland and property here of some amount, in order that every one
be advised of his own, they request that from the Court two Schepens
may be commissioned with the Secretary to take a proper inventory of
what the heirs are to have. Petition being found reasonable by the Court,
the Schepens Johannes Nevius, Joh. de Peyster and the Secretary are
commissioned to take proper inventory, this day, of the estate and effect
of the aforesaid Christian Jacobs Bakker. Done the 19. April 1655, at
the Court of Burgomasters and Schepens.
Whereas Aryaen Jansen van Spreckerhoom, a sailor on board the
Ship Blcuk Eagle has undertaken, while on shore within the city, to
assault his skipper with a naked knife, and wounded him in the hands
whereof the skipper having entered complaint and demanded justice
the aforesaid Aryaen Jansen was placed in confinement. Therefore the
Court of this City having heard and examined the demand and conclu-
sion of Comelis van Tienhoven in his capacity as Sheriff of this City
against the prisoner, the proof thereof, the complaint of the Skipper, the
Placard and order hereunto appertaining, published by the Director Gen-
eral and Council on VII May 1647., and what further is material thereto,
have condemned the aforesaid Aryan Jansen van Spreckerhoom, as their
Worships of the Court do hereby, in consideration of the delinquents
youth, the intercession of the Skipper etc. to appear in Court, and there
with uncovered head, ask forgiveness of God, Justice and his Skipper ;
to defray the costs of arrest, and pay in addition a fine of sixty Carolus
Guilders, to be applied one half to the Officer, the remainder to the City.
Thus done and sentenced this 19^ April 1655, in the Court of Burgomas-
ters and Schepens of this City Amsterdam in New Netherland. Aryan
Jansen van Spreckerhoom appeared in Court and fulfilled the first part of
his sentence, namely begged the pardon of God, the Court, and the Skipper.
Monday, 26 April 1655. In the City Hall.
Present — the Heeren AUard Anthony, Oloff Stevensen, Johannes
Nevius, Joh. de Peyster, Jacob Strycker, Jan Vinje and Comelis van
Tienhoven.
Peter Taelman, pltf. v/s Richard Latten, deft. Conformably to order
of the last Court day, pltf. produced proof of the payment of the note»
3IO Court Minutes of New Amsterdam. [1655
to wit, declaration of Tobias Feake, Edward Heurt (Hart) and Edward
Thaet [Tate ? ], that he paid for a cow fl. 88, and showed further by
account for a shirt fl. 6. and for divers parcels of wampum fl. 49, amount-
ing to fl. 143. Requesting that the same be deducted from the note, and
offers payment of the balance. Deft, denies, that such was paid on the
note, but on the handwriting of ^10. 55. 6d., which he produces in Court,
but says the same does not concern him, but Samuel Matthews, who
delivered it to him for exhibition. Pltf. Taelman says, as before, that
the handwriting was given in payment of the note and being asked by the
Court, if he will declare on oath, that his aforesaid claim was paid solely
in deduction of aforesaid obligation, he answers, yes ; and shews by obli-
gation, that Harry Piers, to whom the assignment was made, owes him
;^28, some shillings, requesting that Samuel Mateus, with whom he traded
and in whose favor he passed the note and assignment, may be heard, that
the Court may receive clear information on the matter. Parties being
heard, the Court orders, that Richard Latten shall summon Samuel Mateus
by next Court day, and then appear in person ; meanwhile both declara-
tions about a cow and the account handed in by Taelman with the hand-
writing produced by Richi Latten, shall be delivered to the Secretary.
Joh. Piet'P Verbrugge, present.
Peter Taelman, pltf. v/s Hendrick Jansen, Smith, deft. Pltf. as
attorney for the widow of Jan Carman dec*? says, that deft, being arrested
here, has departed notwithstanding. Dirck van Schelluyne being empow-
ered by Hend*^ Jansen, deft., appears in Court and says, he is ignorant of
the arrest, but declares (on enquiry of the Court), that he appears as
attorney for his principal. He excepts to the power of the pltf. main-
taining that the same is not sufficient, as it is not legally drawn up ; he
demands therefore (answering as before for his principal), dismissal of the
suit and the arrest, with the costs incurred. The Court finding, that pltf.
has ground-brief, contract etc, also power of attorney, therefore decides to
confirm the power for this time. Thereupon pltf. making his demand claims
payment of fl. 450, being balance of the purchase of One Hundred Morgens
land, with a dwelling house and an old tobacco house. The attorney of
Hendk Jansen answers and says, that whenever the contract is fulfilled
he is bound to pay. Ordered by the Court, that proof be produced on
next Court day of the fulfillment of the contract, etc.
1655] Court Minutes of New Amsterdam. 311
The opinion of the appointed arbitrators in the matter between N.
van Holstein and Jan Jansen Langedyck, with approval of the Court
thereof, being exhibited in Court, and execution demanded, was endorsed :
— On request of Jan Jansen Langedyck, the High Constable is authorized
to execute the above confirmation of the arbitrators decision etc.
Wamaer Wessells, pltf. v/s Claes Jansen van Leyden, deft. Pltf.
demands judgment for fl. 214. 10. Johannes de Decker as attorney of
Claes Jansen deft, consents to the judgment, requesting postponement of
execution for the term of three months, or at least until the return home
of the aforesaid deft, who, it must be remarked, has entered bail here.
Pltf. Wamaer Wessells refers the same to the discretion of the Court.
J. de Decker also. The Court condemns deft, to pay, and grants three
months from date hereof until execut*^.
Egbert van Borsum pltf. v/s Jan Comelissen Clyn deft. Pltf. de-
mands in writing, that deft, be condemned to perform his undertaken work
before he departs, and tenders what, according to the plan, he was to pay
on the decision of arbitrators. Deft, says the job shall be completed as
two carpenters are employed on it ; asks that Egbert van Borsum shall
sign the plan according to agreement made by him. Egbert van Borsum,
(the plan and agreement being read in Court,) says, that they agree, ex-
cept that current money was conditioned. Jan Comelis Clyn says, he is
satisfied with good current money. Whereupon the plan and agreement
were signed by parties in Court, and it was ordered by the Court, that the
deft. Jan Comelissen shall be careful to perform the work according to
contract, and Jan Comelis"' was then discharged from arrest.
Joh. d' Peyster and Johannes Nevius as Deacons pltfs. v/s Hendrick
Hendricksen, Tailor, deft. Pltfs demand in their aforesaid quality pay-
ment of fi. 329. 3. to wit; fi. 246. 11. for money borrowed from the
Deaconry according to the Books and account and fl. 82 : 12. for interest.
Deft, says, he has not borrowed so much money, but that he returned
money, which could not be disposed of and therefore should be deducted
from the account. And whereas Peter van Couwenhoven, late Deacon, is
not now present to explain the matter, it was postponed to the next Court
day.
Thomas Stevensen pltf. v/s Thomas Hall deft. Pltf. demands as be-
fore, judgment for ^^7., stg. for freight on John Robins' account, j£$ in-
3^2 Court Minutes of New Amsterdam. [1655
terest and still further expenses. Deft, answers in writing according to
the order of the last Court day ; concludes, that Thomas Stevensen be de-
clared inadmissible, but shall be held to prosecute his appeal from the
judgment of Middleborgh. The Court refers the parties to the Hon****
Supreme Councillors, as they have carried up an appeal thither, but should
Thomas Stevensen have any further claim, he may institute his action.
Jan Vinje exhibits in Court two different judgments against Paulus
Heymans, dated 17 August 1654 ; requests, that the High Constable be
authorized to levy execution, as the same have not been paid — Whereupon
was endosed — At petitioner's request the High Constable is hereby author-
ized duly to execute these two aforesaid judgments.
Augustyn Heermans appeared in Court exhibiting certain decision^
rendered on 13*^ January 1654 by Go vert Loockermans and Jan Laurisen
Appel, commissioned on 8^ Dec' 1653 by the Court to settle difference of
accounts between Adriaen Keyser and him. Requests the Court will be
pleased to approve the said decision. At the request of Augustyn Heer-
mans in Court, Adriaen Keyser, was, according to decision, condemned to
pay the aforesaid fl. 90. ii.* 14**., which he owes. Done this 26 April 1655
in the Court of the Burgomasters and Schepens of the City of Amsterdam
in N. Netherl**.
Whereas Cristian Jacobsen Backer died on the 19 April last, and it
has been deemed necessary (in the absence of the heirs) to ap{>oint
curators, to regulate the residuary estate and effects, so that each one, the
widow or heirs, should fully receive what is theirs ; Burgomasters and
Schepens, at the request of the surviving nearest of kin presented to their
Worships, observing the fitness of Marcus Hendricksen Vogelsangh, Fred-
rick Wamaersen and Cornelis Steenwyck, have therefore appointed and
authorized the same, as they hereby do, as Curators to sell whatever the
aforesaid Cristiaen Jacobsen Bakker has left here, and that for the best
advantage of the Heirs ; honestly to collect and pay the debts and
accounts, and further generally to promote whatever the regulation of the
aforesaid estate demands, as their good council shall suggest ; provided
that they, the Curators, shall be held to render to the Burgomasters and
Schepens, or those whom their Worships shall authorize, due account^
proof and reliqua of their administration. Done this 26. April 1655 in
the Court of Burgomasters and Schepens of the City in New Netherlands
^^ss] Court Minutes of New Amsterdam. 313
Wednesday 5*** May 1655,
Extraordinary Session holden in the City Hall at Amsterdam in New
Netherland. Present the Heeren Allard Anthony, Oloflf Stevensen, Joh.
Nevius, J. De Peyster, Jacob Strycker, Joh. Verbnigge, Jan Vinje and Heer
officer, C. van Tienhoven.
Willem Tomassen, Skipper, next to God, of the Ship Gr^a/ Christo-
pher pltf. contra David Frera, Abram Lucina and Salvador D'Andrada
defts. Pltf. rendering his demand and request in writing for payment of
freight of goods brought by him in the ship Great Christopher into N.
Netherland, amounting to the sum, according to the bills of lading thereof^
signed at Amsterdam in Holland ; Shewing how he experienced consider-
able delay on the part of the said defts. and could not, to this date, obtain
his earned freight, according to the custom of merchants from the earliest
times in use here, to wit, that Beavers in payments of freight be reckoned
at fL 8. each. Requests therefore beavers in payment, so that he may
satisfy his principals. Defts. acknowledge in Court to be indebted for the
freight according to the bills of lading, and declare at present, as beavers
are not convenient and are, as every one knows, difficult to be had, they
cannot pay the skipper according to custom. Pltf. in reply says, he was
to obtain beavers or bills of exchange, which are given according to the
custom of this country in payment by all the merchants, and as the defts.
are unwilling, or as they represent unable, to give either the one or the
other, he asks, and declares he is content, for the accommodation of the
merchant, that the defts. should hypothecate the capital they had embarked
in the ship Great Christopher^ for the remaining freight, the monies there-
for to be paid at Amsterdam before delivery of the same. Defts. answering
declare, that they are unable and disinclined. Burgomasters and Schepens
having deliberated thereupon ; — on the demand, answer and further state-
ments of parties, and paying attention to the custom of this country, con-
demn the defts. to satisfy the pltf. between this and next Monday noon, in
default whereof, as the skipper is about to depart and the ship is ready to
sail, all the merchandize which the defts. have in the ship, shall remain
arrested in said vessel or in the Companys Warehouse until the skipper or
his principal shall be satisfied for his earned freight ; and furthermore
defts. are condemned to pay the costs incurred herein.
Regarding the action or claim of Abram Lucina for the loss, which he
3H Court Minutes of New Amsterdam. [1655
sufifered on two pipes and a half aem [20 gals.] of brandy, landed empty,
Burgomasters and Schepens find the same unfounded, inasmuch as the
skipper has proved by declarations under oath, of the chief boatswain,
constable, buttler and cook of the aforesaid ship, that said vats lay well
Btowed and taken care of in the side of the hold. Wherefore Abram de
Lucina's action in this case was dismissed. Done as above at the afore-
said session at Amsterd*" in New Netherland.
On motion of the officier Tienhoven and petition of Arent Jansen, the
Provost, presented in Court, the said Provost was permitted, until further
order to reside in the little side room of the City Hall in order to be able
more conveniently to attend to the prisoners. Done as above at the
aforesaid session.
Opinions of the Burgomasters and Presiding Schepen on the Request
of the Burgher Court Martial of this City of Amsterdam in New Netherland.
Having seen the request of the Burgers Court Martial of this City for
one drum for each Burgher Company, it is our advice that the gentle-
men of the abovementioned Court Martial be duly authorized to receive
two drums at the expense of the Commonalty, by which the same shall be
paid. Done Amsterdam in New Netherland the 15 May was signed
Allard Anthony, Oloff Stevensen.
Whereas the request of the Court Martial of this City of Amsterdam
in New Netherland is reasonable and has been found serviceable in time
of need and other occurring occasions, therefore I do not oppose it, and
consent to it, leaving the selection of one or two drums to their good
knowledge and experience. Done Amsterd" in N. Netherl*J, 17 May
1655 (Signed) Johannes Nevius.
Endorsement on the request of the Burgher Court Martial aforesaid.
Petitioners' request is granted to procure for the service of the Burgery
one drum for each Company, at the least possible cost, which shall be
paid for out of the City's funds. Done 17*?* May 1655 in Amsterdam in
N. Netherll. Signed, By Order of the Burgomasters and President of the
Schepens, Jacob Kip, Secretary.
On the judgment obtained by Hendrick van Dyck, dated March 1655,
against Claes Jansen Ruyter and Harmen Douwesen in the Court of this
City, is endorsed : The High Constable is hereby authorized to put the
above judgment into execution. Ady. 24 May 1655. Signed, By Order
of the Burgomasters and President of the Schepens, Jacob Kip, Secretary.
^^ss] Court Minutes of New Amsterdam. 315
Monday 31. May 1655. In the City Hall.
Present — the Heeren Allard Anthony, Oloff Stevensen, Joh. Nevius,
Johannes d'Peyster, Johannes Verbnigge, Jacob Strycker, Jan Vinje and
C. Van Tienhoven, Sheriff.
Marcus Duschosche, pltf. v/s Cornelis van Ruyven, deft., demands
payment of the balance for clearing three morgens of land for deft, in the
Village of Midwout, according to contract Deft, says, that pltf. has
cleared another man's land, and not all his, offers to pay him, what is com-
ing to him as balance for what he cleared of his land. Pltf. says, that
deft, shewed him which land he should clear for him ; which deft, acknow-
ledges. Parties being heard, the Court ordered pltf. to prove, that he
cleared three morgens of land for the deft, according to contract, which
done, deft van Ruyven shall be bound to pay him the balance of the
monies coming to him, pltf. according to contract. And further, that
deft, shall retain his action regarding the cleared land belonging to others
against those, whose land it is.
Adriaen Keyser, pltf. v/s Jacob Haey, deft. Both in default.
Jacob Haey, pltf. v/s Arent Calebuys, deft. Pltf. in default.
Cornelis Melyn, pltf. v/s Sybout Claesen, deft. Deft, in default
Johan de Decker appeared in Court as attorney for pltf. and handed in
his demand and conclusion, but inasmuch as deft, is absent, default is
granted.
Jan Rutgersen, pltf. v/s Jan Hadduwe, deft. Deft, in default.
Jan Hadduwe, pltf. v/s Jan Rutgersen, deft Pltf. in default.
Mr. Jacob Hendricks Varvanger, pltf. v/s Judith Verleth, deft., de-
mands payment of fl. 72 which he has arrested in the hands of Sieur
Willem Beekman, requesting that the arrest be confirmed. Deft acknow-
ledges to be indebted to pltf., but does not know how much, and says she
is willing that pltf., on settlement of accounts should receive his pay out
of the arrested monies. Wherefore the arrest was declared valid, and
pltf. was ordered to furnish deft, an account and settle the same.
Egbert van Borsum pltf. v/s Christiaen Antonysen deft. Deft in
default.
Judith Verleth, pltf. v/s Willem Beekman deft, demands payment of
fl. 200 being balance of assignment drawn by Jacob van Corlear on deft
Willem Beekman, which monies are arrested in the hands of Dirck de
Pottebacker, requesting that arrest be declared valid. Deft says, that
3i6 Court Minutes of New Amsterdam. [1655
V. Corlaer agreed with the pltf* s husband Verleth, that he should receive
only fl. ICC. offering to pay pltf. the said loo guilders, being in payment
of the last part of the purchase of the aforesaid Corlaer's land, on con-
dition that he shall first receive legal transport and conveyance ; main-
taining, that he is not indebted, and requesting that the arrest shall be
declared invalid. Parties being heard, the aforesaid arrest was declared
invalid by the Court and it decided that the deft., Willem Beekman, is
not bound to furnish the last payment before legal conveyance shall be
given.
Jan Perie, pltf. v/s Engeltie Mans, deft. Deft, in default
Johannes d'Peyster, pltf. v/s Tryntie Hendricks, wife of Paulus
Heymans, deft. Deft in default.
Abram Verplanck pltf. v/s AUard Anthony deft. Pltf 's wife appear-
ing in Court hands in demand and conclusion, being for wages earned by
her son and some goods still in deft's hands, requesting that quick despatch
may be used in the matter. Deft, asks copy of the demand in order to
reply to deft, thereupon. Deft, is granted by the Court copy of the
demand, and he was ordered to answer in writing thereupon by the next
Court day.
Michel Paulusen, pltf. v/s Roeloflf Comelisen, deft. Deft in default
Jacob Willemsen, pltf. v/s Fredrick Hendricksen deft. Defts. i" de-
fault.
Marretie Joris pltf. v/s Gabriel de Haes deft Both in default.
Madaleen Vincent, pltf. v/s Jacob Willemsen, deft Pltf. in default
Tho? Hall and Comelis Aertsen pltfs contra, Dirck d' Pottebacker,
Pieter Linde, Hendrick van Dyck, Paulus Leendertsen, Jan Geraerdy,
Pieter Stoutenburgh, and Egbert Woutersen, defts. Pltfs. and all the
defts. (except Peter Linde) in default
Jan Hendrick Coopal, pltf. v/s Isaack de Foreest, deft. Pltf. says,
he purchased i8 gun barrels and 22 locks and that he has received only
12 barrels, so that there are still six coming to him. Requests delivery
thereof, as he is ready to pay the 8 gl., which still remain due on them alL
Deft acknowledges to have sold the aforesaid to pltf. fully over three
years past, but says that he called at different times and occasions on pltf.
to take away the remainder, which he has not done ; meanwhile they
became scattered here and there. Maintains, that he is not bound to
^^ss] Court Minutes of New Amsterdam. 317
keep at his risk another's property and denies that he was paid for them.
Requires, that pltf. prove payment. Pltf. was ordered to prove what and
how much he paid pltf. thereon.
On the written request of Michel Paulisen, old burgher, and his wife
a Native of this country, to sell wine and beer by the small measure, is
endorsed : — Petitioners request is granted on condition of their lodging
strangers and others, or to pay tavern license and duties imposed or yet
to be imposed thereon. Done as above.
On the written petition of Rendel Huwit, Englishman, for leave to
tap, 't is granted together with the above appointment.
Of the petition signed by Com* Schut, Claes Bordingh, Jan Schep-
moes, Hendricksen, the Drummer, Juryaen Blanck, and Jacob Steendam,
presented to the Schout, Burgomasters and Schepens, relative (as peti-
tioners remonstrate) to the immoral lives of Jacob Stevensen and Mary
Joosten, the following disposition was made : —
Whereas this day a remonstrance has been made to the Schout,
Burgomasters and Schepens of this City against the wicked, enormous,
beastly, dreadful and immoral lives of Jacob Stevensen and Mary Joosten,
his wife, who came recently hither from Pairiaj with a request that
the same may be attended to, Therefore the said persons being sum-
moned to Court, the Magistrates knowing and criticising their behaviour,
the said Jacob Stevensen and Mary Joosten are hereby, for the second
and last time, ordered and by the Court Messenger cautioned to hence-
forth conduct themselves in such wise that no complaints be made against
them to the Court by the Commonalty or their neighbours ; failing which,
the aforesaid persons being found contravening, shall, on the first com-
plaint of their neighbours or others, be obliged to depart from the juris-
diction of this city without any delay, or be otherwise punished according
to the urgency of the matter. Thus done and ordained this 31 May 1655
in the Court aforesaid.
Tuesday being the first of June, 1655.
Extraordinary Session holden in the City Hall, City Amsterdam in
N. Netherland. Present the Heeren Allard Anthony, and Oloflf Steven-
sen, Burgomast^ Johannes Nevius, Johannes dePeyster, Johannes Ver-
bnigge, and Jacob Strycker.
3i8 Court Minutes of New Amsterdam. [1655
The Hon**** Cornelis van Tienhovcn both for himself and on the behalf
of the heirs of the widow of Jan Jansen Damen dec', pltf. contra Sander
Leendertsen, deft. Plaintiff says, he has entered an arrest on half of the
yacht belonging to Jacob Flodder (which was conveyed by Sander Leen-
dertsen) on account and for the payment of one thousand pieces of green
planks, being the price of a certain parcel of land belonging to the widow
of Jan Damen, dec^ which Flodder, according to contract, dated 3 April
1654, should have delivered last August ; requesting accordingly, that
the said arrest be confirmed, or that deft, shall answer and give security
for the payment, with costs, damage and interest thereon. Deft, acknow-
ledges, that half the yacht belongs to Jacob Jansen Flodder, and declares
himself willing to act as said Flodder's security, and undertakes to
deliver here, within three months, to the pltf. the said thousand planks,
according to contract, on condition, that the half yacht shall remain a
guarantee to him, Sander Leendertsen, therefor. The Court having
heard demand and answer of the parties, and attended to all that was
material condemn deft. Sander Leendertsen, to deliver here, as bail for
Jacob Flodder, within three months from date, to pltf. the said thousand
planks with interest thereon and further to pay the costs of this suit,
provided that Sander Leendertsen shall hold a guarantee in this matter
on the half of the aforesaid yacht. Thus done, at the Court aforesaid
as above, at Amsterdam, in New Netherland.
Monday, 7*^ June 1655. In the City Hall.
Present : the W. Heeren Allard Anthony, Oloff Stevensen, Johannes
Nevius, Johannes d' Peyster, Johannes P^. Verbrugge, Jacob Strycker,
Jan Vinje, and The Officer, Corn! van Tienhoven.
Cornelis Melyn, pltf. v/s Sybout Clasen deft.
Johan de Decker, attorney for pltf. being absent, and the copy of
the demand delivered in last Court day by him, being handed to deft.,
he excepts thereto, that the demand and conclusion are not signed by
Cornelis Melyn, and says the lot in question is almost paid for. Deft
Sybout Clasen, was ordered by the Court to answer in writing by the
next Court day to the demand and to prove what he has paid.
Egbert van Borsum, pltf. v/s Christian Anthony deft. Both in
default.
^^ss] Court Minutes of New Amsterdam. 319
Jan Perie pltf. v/s Engeltie Mans deft., complains that she scolded
him as a thief and a supporter of thieves. Deft, denies the same. Pltf.
declares, he has no witnesses ; wherefore his demand is dismissed.
Marretie Jorisen pltf. v/s Gabriel de Haes deft. Pltfs. 2*! default
Deft, pays his default of last Court day.
Madaleen Vincent pltf. v/s Jacob Willemsen deft., says, that deft,
has drawn 15 gl. in brandy, of which he has paid fl 4. requesting, that
deft, be condemned to pay the balance of fl. 11. Deft, denies the debt,
and says, he does not know that he has drawn any brandy except the
fl. 4 which he paid. Pltf. calls for the declaration of Peter Stoutenborgh,
who being heard thereupon by the Court, declares that he cannot give
any evidence in the matter. Pltf. was, therefore, ordered to prove, that
deft, has drawn the brandy, and for this purpose to summon those, who
drew and drank the liquor, before the Court, to give an explanation of
the matter.
Jochem Beeckman, pltf. v/s Abram Rycken, deft. Pltf. claims
5 feet additional on the lot which he bought from deft, and which
is short on the south side, and whereas the Court is ignorant of
the difference, it has referred the parties to the Fence Viewers present,
Com* van Tienhoven and Pieter van Couwenhoven to inspect the lot,
to examine the question of the parties and if possible to reconcile the
same or otherwise to report to the Court.
Jacob Willemsen pltf. v/s Frerick de Backer's Servant deft. Defts.
2* default.
A rent Pietersen pltf. v/s Adriaen Vander Donck deft. Defts. i?
default.
Tryntie Willemsen pltf. v/s Hendrick the Shoemaker {de Schoen"
macker) deft. Pltf. demands payment of fl. 6.6 stiv. for consumed liquor.
Deft, acknowledges the debt. Parties being heard, deft, was condemned
to pay pltf. within 14 days from date, without further delay.
Adriaen Keyser pltf. v/s Jacob Haey deft, demands payment of
fl. 148.16 according to an obligation, dated 2 August 1649, drawn by Jacob
Haey in favor of Gerrit Vastrick or Bearer. Deft, acknowledges the
note, but says he has paid the same and that it appears in the pltfs
account among the monies entered to the credit of G. Vastrick, accord-
ing to his Vastrick's handwriting, requesting that he shall be allowed to
320 Court Minutes of New Amsterdam. [1655
cancel the note, being ready to satisfy the pltf. that it must belong to
him by balance of account. By the Court,"parties were referred to Sieurs
Corn? Steenwyck and Pieter Jacobsen Buys, who are hereby authorized
to examine, whether the aforesaid note is included in the above account,
delivered by A. Keyser to J. Haey, and further to settle the accounts on
both sides and if possible to reconcile them, or otherwise to report in
writing their opinion to the Court.
Thomas Hall and Comelis Aertsen in quality of overseers, appointed
by the Hon"* Director General and Council, of the Common Fences on
the Island of Manhattans pltfs. v/s Pieter van de Linde, Hendrick van
Dyck, the Wife of Paulus Leend". vandie Grift, and Egbert Woutersen
defts. Pltf. Thomas Hall appears in Court requesting in aforesaid quality,
as the defts. are in default, notwithstanding proper notice served on them,
and have not repaired the common fencing here on the Island of Man-
hattans, conjointly, that the cattle belonging to them and others may not
be lost or go astray, that, for the maintenance of the said order for the
public good, they be condemned in the ordinary fine enacted therein and
the Court Messenger be directed to collect the same. Deft. Pieter Linde
says, that he has been heretofore excused from making the common fenc-
ing, on account of his old age and also because his cattle are enclosed
within his own fences ; yet he sent another man, who bought his land, at
the appointed time, who was sent back by T. Hall ; requests, therefore,
that pltfs' demand be dismissed, and as he has come here on the last and
present Courtday, and his time has been consumed and lost thereby, he
further asks, that pltfs. shall be condemned to pay him for his lost time.
Pltf., Thomas Hall replying says, that the man deft, sent came too late,
and maintains that deft, is not sustained. It being considered by the
Court, that Pieter Linde is an old man and having been heretofore ex-
cused, as he says, from the common fencing, and that Thomas Hall having
summoned the said P. Linde on the last Court day, and he having been
present then, went away without hearing him, decide that Pieter van Linde
for this time shall be excused the fine, and have no claim for his spent
time. The answer of deft. Hendrick van Dyck was delivered in writing.
He therein maintains that, inasmuch as his two cows are attended in the
pasture of Will"*- Beeckman, which is enclosed, pltf. has not made out a
case, and he is absolved from the fine. This being read to pltf., Tomas
i^ss] Court Minutes of New Amsterdam. 321
Hall, he replies ; although deft. Hendrick van Dyck can have his two cows
well herded at William Beekman's, yet the same, notwithstanding, at the
end of the year or when the enclosed pasture is low, can run into the Com-
mon and likewise the increase [the young cattle]. He maintains, there-
fore, that he ought not to be excused, but pay the fine. The Court having
heard the allegation of parties, and having observed the general order,
have in maintainance of the same, condemned the said Hendrick van
Dyck to pay the fine fixed therein. And Whereas Pieter Leend". vandie
Grift and Egbert Wouters, both being summoned for the second time, are
in default ; the Court have condemned the said defts in consequence
of their contumacy, to pay the fixed fine into the Secretary's office of this
City.
Allard Anthony summoned by Abram Verplanck serves plea in Re-
convention and answer in Convention*, whereupon was endorsed : —
Copy hereof to be granted to party, thereunto to reply at the next Court
day.
Monday, 14 June 1655. In the City Hall.
Present the Heeren Cornelis van Tienhoven, sherifiF ; Allard Anthony
and Oloff Stevensen Burgomasters ; Johannes Nevius, Johannes de Pey-
ster, Johannes Verbrugge, Jacob Strycker, and Jan Vinje, Schepens.
Jacob Willemsen, pltf. v/s Frerick the Baker's Servant, deft. — Defts.
3*^ default. Pltf. complains, that deft, about 7 weeks ago (as he was com-
ing out of church at noon with Hendrick de Bakker,) stuck him with a
knife in his shoulder or arm, whereby he was obliged to be three weeks
under a surgeon's care and his time was consumed in idleness, as he could
not work ; requests, that deft, be condemned to pay him for his lost time
and endured pain, estimated at fi. 30. Regarding the Surgeons fee, pltf.
says that deft, paid therefor one Beaver to Master Hans [Kierstede.]
The complaint and demand of Jacob Willemsera being heard by the
Court, the deft, was condemned, on account of his contumacy, to pay
pltf. the aforesaid fi 30. within eight days and to appear before the Court
* Convention and Reconvention. If a man sues another for $icP°' the latter may
institute an action against him for a similar or any other amount The former was called
an Action in Convention, the second in Reconvention. Datnhotuler^ Praxis Civil., c.
141. The latter was simply what is called now a Cross Action. — 6. F.
vou I.— ax
322 Court Minutes of New Amsterdam. [1655
at the next sitting further to purge himself, in default whereof further dis-
position shall be made herein.
Sybout Clasen deft in the case of Com*. Meljrn pltf . delivers in his
answer or exception to the demand, in writing to the Court, pursuant to
the order of the last Court. Thereupon, J. DeDecker, attorney for
Com*. Melyn, maintains, that deft's petition shall be denied, and he be
ordered to settle, being content, that deft shall deduct from his promised
monies, what he shall legally prove to have paid. Ordered by the Court,
that DeDecker as attomey for Com*. Melyn shall be granted copy of the
remarks delivered in by Sybout Clasen, so as to communicate in writing to
the Court whatever he, DeDecker, can allege thereon.
Johannes dePeyster, pltf. v/s Matys Capito, deft
Same pltf. v/s Tryntie, Paulus Heyman's wife. Both def ts the 2*^ De-
fault.
Marretie Jorisen pltf. v/s Andries de Haes deft Pltf. says, that deft
has scolded her as a whore, and her husband as a rogue, about 14 days since
in their own house, in the presence of Qaes Michelsen and Qaes de
Sweet ; requiring proof or in default suitable reparation of honor. Deft
denies the injuries ; demands proof. Htf. was ordered to prove her asser-
tion.
Monday, the 21 June 1655. In the City Hall.
Present the W. Heeren Cornells van Tienhoven, Allard Anthony,
OlofiF Stcvensen, Johannes Nevius, Joh. d" Peyster, Joh : Verbrugge, Jacob
Strycker, and Jan Vinje.
Fredrick Lubbertsen, pltf. v/s Wamaer Wessells, deft, demands, that
deft be condemned to pay now in beavers the balance of the rent of his
house according to agreement, as he has fafled to pay the same, according
to contract, in good merchantable wampum on the ist of last May. Deft
says, that he offered pltf. last May good wampum according to contract
and that he refused the same, and therefore he left it in deposit Re-
quests copy of the demand to answer thereunto on the next Court day.
Pltf. replying denies that deft offered him good merchantable wampum
last May according to contract Deft undertakes to prove the same.
Copy of pltTs demand was granted by the Court to deft, who was ordered
to answer and prove his assertion by the next Court day.
^^ss] Court Minutes of New Amsterdam. 323
Johannes d' Peyster, pltf. v/s Matys Capito, deft. Defts 3I default.
The Messenger being heard in Court declares, that 3 divers times, he
summoned Matys Capito personally on the part of Sieur J. Depeyster,
Pltf. demands, that deft, be condemned to pay him, without further delay,
the sum of fl. 126. 17. 8, coming to him for goods sold Anno 165 1, accord-
ing to account. Whereas deft. Matys Capito, according to the declara-
tion of the Court Messenger has personally been summoned 3 different
times, but has not been condemned^ the Court condemn the said deft, in
consequence of his contumacy, to pay pltf. his aforesaid demand within
one month, on pain of execution.
Madaleen Vincent, pltf. v/s Jacob Willemsen, deft., demands as
before, balance of fl. 11, for brandy drawn by deft, at her house. Deft,
as before, demands proof, that he has had the brandy drawn. Beeletie
Jacobs being called as* a witness, declares not to know anything of the
matter. Pltf. says, she cannot furnish any proof, except that he deft, sent
her his hat-band as a token, having previously said, when he sent a token,
she then should obey it. Deft., then, refused to answer promptly either
by acknowledgment or denial, saying only, that he does not know, that
the liquor was drawn for him, but that he was in company, where the wine
was drank. Pltf. offers to confirm her assertion by oath or otherwise that
deft, should clear himself by oath. Parties being heard, the Court con-
demn the deft, to pay the pltf. the aforesaid balance of fl. 11., conditioned,
that he shall have his guarantee on those, who drank the wine with him.
Arent Pietersen, pltf. v/s Adriaen van der Donck, deft. Defts 2*? de-
fault. Pltf. demands, payment of a balance of fl. 138, for seven quarter-
year's service rendered to deft, van der Donck. Ordered by the Court,
that the above demand shall be made on deft, van der Donck to answer
thereunto by the next Court day on pain of execution.
Whereas Abram Verplanck has failed to reply, conformably to the
Order of the i*J of May last, to the answer of AUard Anthony, therefore
the Court, on petition made in the premises, order that Abram Planck
shall be cited to reply by the next Court day to the answer of AUard
Anthony, or shew cause ; on pain of execution.
Johan de Decker as attorney of Comelis Melyn delivers a certain
* Thus in the original.
324 Court Minutes of New Amsterdam. [1655^
writing against Sybout Claessen to the Court, whereupon was endorsed :
— Copy hereof shall be furnished to the party to answer thereunto by the
next Court day.
Henry Hendricks, Drummer, requests by petition, payment of his
remaining half years wages, due on 5 June last, being fi. 40, and offers his
further service ; Whereupon was endorsed : — Petitioner shall be paid the
balance of fl. 40 forthwith.
Borger Jorissen appears and informs the Court that he is security for
certain ironwork purchased by Pieter Kock from the store of Jan the
Smith ; and whereas there remain due to him for work and other mate-
rials executed in common, Anno 1653, certain monies, requests that he
may be paid therefrom or that the same be applied to the aforesaid. It
is decided by the Court, that as Pieter Kock's action is a private one, that
the same cannot be applied ; but it was ordered that he, Borger Jorissen,
conformably to the foregoing Order, shall pay Pieter Kock according to
obligation, and whatever belongs to him from the partnership shall also
be paid him.
Friday morning, 10 o'Clock, being the 25 June 1655. In the City
Hall.
Extraordinary Meeting held on the complaint of M'. Atwater, an
English merchant at present residing at Stratford, that Borger Jorissen
an inhabitant of this place had insulted and beaten him in his own house
— present the Heeren Cornells van Tienhoven, Allard Anthony, Oloff
Stevens, Joh. Nevius, Johan. d* Peyster, Jacob Strycker and Jan Vinje.
Borger Jorissen appears in Court, and shews by writing subscribed
by him and Joshua Atwater, Pieter Le Fevre and Francis French as wit-
nesses, that they had settled and arranged their difficulties,
Francis French appeared in Court and declares under offer of oath,
that he yesterday accompanied Mr. Joshua Atwater to the house of Borger
Jorissen, whereupon Borger Jorissen bade the aforesaid Atwater welcome
and gave him a drink, he, Borger, saying — I think I still owe you a beaver ;
To which Atwater answered. Yes. They coming further to discuss the
debt, quarrelled ; Borger said to Atwater, Thou art a villain ; and then
struck him, with his fist, two blows on the head in Borger's own house :
he declares further, that this morning he, Borger Jorissen, and M'- Atwater
^^5s] Court Minutes of New Amsterdam. 325
through the intervention of Pieter Le Fevre have arranged their difference
by acknowledgment of fault and payment of the beaver by Borger Joris-
sen. Done as above, was signed Francis French,
Mr. Joshua Atwater appeared in Court and declared, as above, saying
that he, at the request of Borger Jorissen who acknowledged his fault and
brought him the beaver in question, made friends in the presence and
through the intervention of Pieter La Fevre and no further difference
exists. Thanking the Court for their meeting and trouble. Done as
above ; was signed yoshua Atwater.
Pieter Le Fevre appears in Court and declares, that he reconciled
Borger Jorisen and Mr. Atwater, and that Borger Jorissen acknowledged,
that he had struck Atwater, when drunk, and to prevent all complaint, he
confessed his fault, paid the beaver, which belonged to Atwater, and
separated with a drink in friendship and harmony. Done as above ; was
signed Pieter Le Fevre.
Allard Anthony presented in Court a certain request relative to the
Petition of certain inhabitants for some privileges in the trade by retail
and with the Indians. Which was postponed until the next Monday.
Monday 28*!* June 1655. ^^ ^^^ City Hall.
Present — the Heeren Comelis van Tienhoven, Allard Anthony, Oloflf
Stevensen, Johan Nevius, Joh. de Peyster, Johannes Verbrugge, Jacob
Strycker, and Jan Vinjie.
Isaak d'Foreest, pltf. v/s Barent Meyndertsen, deft. Pltf. says that
he, last Christmas, gave deft, a house to dwell in for one year, on condi-
tion, that he should repair it : And whereas he has failed to do so, and
has let the house and garden to another, he therefore requests that he, the
deft, be condemned to cover and repair the house in a suitable manner
and be not permitted to sublet it to another. Deft, acknowledges, that he
agreed to repair the house for the occupation of it for a year, and says
that another person only dwells with him, without having any lease ; also
that the garden was promised him. This pltf. denies, and demands proof.
And whereas no contract has been made, parties are ordered to prove
their assertions by next Court day, or, in the meantime, to come to an
arrangement.
Frederick Lubbertsen, pltf. v/s Warnaer Wessels, deft. Pltf. persists
326 Court Minutes of New Amsterdam. [1655
in his aforesaid demand as rendered on the last Court day. Deft answers
in writing and proves, that he offered pltf. good Seawan (wampum). Pltf.
requests that the Seawan as deposited be shown to the Court, and if it be
considered good merchantable wampum, he still offers to receive it in pay-
ment The deposited Seawan being produced in Court, the Court pro-
nounced it good and merchantable. Two parcels, black, of fl. 22.4 and
fi. 1 9. 1, and one parcel white, of fi. 65.4. and therefore Fredrick Lubberts
was ordered to receive the same according to tender ; and Warnaer
Wessels was further condemned to exchange the remainder, which was
considered unmerchantable for good merchantable Seawan, for the pltf.
without delay. Warnaer Wessels was condemned in a fine of twelve
stivers, for having given the pltf. the lie in Court.
Roeloff Jansen, pltf. v/s Christiaen Barentsen, deft., demands, that
deft, be condemned, as attorney for Albert Andriessen, to make the house
on the farm, which he hired, tight and tenantable and to deliver the two
remaining cows according to contract ; and whereas he now in the middle
of the season misses the cows and finds the house unenclosed, he claims
the interest and damage which he has suffered or may still suffer. Deft
as attorney for Albert Andriessen, says that it is not his fault, that the
aforesaid demand was not complied with, according to contract ; only re-
quests time to write to his principal about it, after receiving which he
shall fully agree as to any loss that might accrue. Parties being heard,
the Court granted deft, one month's time to write to his principal about
the matter ; saving the claim, which pltf. might have on account of dam-
age suffered or yet to be suffered by non-fulfillment of contract
Andries Hoppen, pltf. v/s Cosyn Gerritsen, deft. Deft, in default
Wolfert Webber, pltf. v/s Judith Verleth, the daughter,* deft. Pltf.
appears in Court, complaining of violence, force and abuse committed
against him by deft, and her sister, Sarah, last week in his house ; striking
him, in his own house and fiinging stones at him ; requesting that said
♦Daughter of Caspar Verleth (Varleth) and Judith ?, later (1666) the wife of
Nicholas Bayard. She had brothers and sisters, viz. : i, Nicholas, who married i ?
2^ Anne Stuyvesant, widow, Octbr. 1656 ; 2 Janneke, m. to Augustyn Heennans Decbr.
1650 ; 3, Anna, wife of George Hawke of Virginia ; 4, Maria, m. to !■' Johannes van
Beeck, 1654, 2^ to Paulus Schrick, 1658, 3? to Willem Teller, 1664 ; 5, Catharine, m.
to Francis de Bruyn, 1657 ; 6, Sarah. — E. O'C.
i^sjCI Court Minutes of New Amsterdam. 327
deft, be ordered to let him remain in peace in his own house. Deft,
denies, that she ever gave pltf. any trouble ; complains that he berated her
for a whore and strumpet, and threatened in his own house to strike her
with the whip, as he daily does his wife ; that he assaulted her, bruising
and dragging her arm, and kicked her sister so that her hip is blue.
Parties were ordered to prove their complaints, and statements on both
sides by the next Court day, and further to leave each other unmolested.
Webber was fined 12 stivers on account of fulminating lies etc in presence
of the Court.
Willem Beekman, pltf. v/s Ryck Hendricksz, Woodsawyer, deft,
says, that he sold deft, a piece of land and that he now fails in making
the first payment according to contract in writing ; and that he destroys
the haybarrack and outhouse ; requesting, that deft, be condemned to pay
the instalment due without any further delay ; or otherwise that he be
authorized to resume the land and building, which are mortgaged to him.
Deft, requests copy of the demand to answer thereto on the next Court
day. Deft's request is granted, and he is ordered to answer thereto by
next Court day on pain of execution.
Sybout Claessen answers in writing to the document delivered last
Monday to the Court by Johan de Decker as attorney for Comelis Meljm,
whereon was endorsed : Ordered by the Court, that Copy hereof shall
be granted the party to reply thereto.
Abram Verplanck states by petition, that he expects some proof from
Fort Orange in the matter against Allard Anthony, and therefore cannot
reply ; requesting that the cause be postponed until he shall have a return.
Whereupon was endorsed : Petitioners request is granted to bring in his
proofs as soon as possible, and 14 days from date are granted him as the
longest time.
Regarding the Petition of some inhabitants touching trade here, it
was decided that the same be communicated by the Burgomasters to the
Hon"* the Supreme Council, to dispose of the contents thereof.
At the Meeting of the Schout Burgomasters and Schepens of this City
of Amsterdam Resolved, to propose to the Hon"* Supreme Councillors,
for the purpose of raising funds for the payment of some things necessary
for this City as follows : —
V
328 Court Minutes of New Amsterdam. [1655
For the stamping of the Skepel 15 stivers.
" « marking " " EU 20 "
" " Stamping ** " tun or half vat. ... lo "
quarter 5
" Stamping every can, large or small 6 "
" a ten pound weight 3 "
" " " ©twentylbs. 5 "
" " 2o@ softs 8 "
Above 50 fts 10 "
Every tavern keeper shall take out quarterly a license and pay there-
for, as decided by plurality of votes, six guilders.
Done this 28*** June 1655 at Amsterdam in N. Netherll Resumed
and signed on the 5* July 1655. Allard Anthony, Joannes Nevius, Jacob
Strycker, J. Vinje.
Monday, 5^ July 1655 : In the City Hall.
Present the Heeren Comelis van Tienhoven, Allart Anthony, Johan-
nes Nevius, Johannes Verbrugge, Jacob Strycker and Jan Vinje.
Matys Capito, pltf. v/s Evert Pels, deft. Pltf. demands, that deft be
condemned to pay the gl. 37, which Gerrit Segers owed him, when he was
engaged to go to Fort Orange to serve deft, who was then to pay him.
Deft, does not deny, that he promised to pay the money for Gerrit Segers,
if he had earned it from him, but says that on the contrary he was in his
employ only 14 days, and owes himself full 20 gl. and therefore maintains,
that he is not bound to pay for Segers. Parties being heard, the Court
decides, that, inasmuch as the bail was conditional and it does not appear,
that Gerrit Segers earned any of the demanded money from the deft.,
pltf. has no claim in this matter on Evert Pels. Therefore his action is
dismissed saving his claim against Gerrit Segers.
Marretie Joris, pltf. v/s Gabriel de Haes, deft. In case of damages.
Pltf. in pursuance of the order of last Court day, sustains by two witnesses,
that deft, abused her as a whore and her husband as a rogue. Deft ex-
cepts to the witnesses, that they are pltf s servants. Witnesses being again
heard, are found to persist in their declaration, and that they are not pltfs
servants. Deft, acknowledges, that as she said she was not indebted to
him, — he replied, whores and knaves act so, but declares, that he knows
1655] Court Minutes of New Amsterdam. 329
pltf. and her husband only as honest and decent man and wife, and that
the words were expressed in haste. Parties being heard, the Court
condemn deft, for his aforesaid calumnies in a fine of six guilders
for the behoof of the deaconry of this city, and further dismisses pltf 's
claim.
Hendrick Hendricks, Soldier, pltf. v/s Jan Jansen van Ham, deft.
Pltf. requests payment of a months work from deft. Deft, says, he hired
pltf. for a quarter and is not bound to pay until he shall have completed
his time. Requests that he be condemned thereto. Pltf. acknowledges,
that he hired for ^ year, but that he should be paid every 14 days. Deft,
offers to pay him on condition of retaining each time eight days wages, in
order to oblige him thereby to put in his time according to agreement.
The Court having heard parties, condemn the pltf. Hendrick Hendricks
to complete his time in a proper manner ; and the deft. Jan Jansen to
pay pltf. on conclusion of his service, according to his aforesaid proposal.
Deft, promises to pay pltf., what he claims for disbursed provisions imme-
diately on settling his account.
Isaac de Foreest, pltf. v/s Dirck van Schelluyne, deft., demands pay-
ment of 5 1^ beavers, purchase money of land in Midwout, as the last pay
day is expired, and deft, has sold the same again. Deft, acknowledges
to be indebted according to contract to pltf. for the last instalment, re-
questing proper patent and conveyance according to agreement. Pltf.
says he cannot deliver the patent at present owing to the absence of the
Hon"* General, offering bail that he shall furnish proper patent and con-
veyance, provided deft, pays or at least deposits the money. Whereas
deft, has appealed to the Contract, pltf. was ordered to exhibit the same
by next Court day, when further disposition shall be taken in the matter.
Abram Jacobsen, Carpenter, pltf. v/s Jochem Beeckman, deft. Pltf.
in default.
Jan Comelis Clyn^ pltf. v/s Evert Pels, deft. Case of attachment.
Pltf. demands payment of fl. 50, for wages earned at deft's house, which
he promised to pay in eight days since expired. Deft, denies being
indebted to pltf., as he had discharged by an assignment the claim of
fl. 50. offers still to pay the said fl. 50. on condition of receiving back his
executed assignment. Parties being heard the Court decides, inasmuch as
pltf. has accepted the assignment and granted an acquittance thereupon.
330 Court Minutes of New Amsterdam. [1655
that he must wait until the same, being accepted, is paid, or until the same
be refused payment. Wherefore the arrest is declared invalid.
Willem Beeckman, pltf . v/s Ryck Hendricks, deft, requests payment,
as before, of the first instalment for land sold, as the same is expired,
otherwise that the land shall be again leased and an agreement be made
for the rent thereof and what damage it has received in the opinion of
arbitrators. Deft., who had until this day to answer, requests six weeks
to send in his reply. Acknowledges, that the instalment is due and that
it is out of his power to pay at present. Offers to give security. Parties
were referred to two impartial persons, namely Thomas Hall and Harman
Smeeman to come to some arrangement through them ; or in default of
agreement, the arbitrators will please to deliver their written opinion to
the Court.
Com' van Tienhoven pltf. v/s Borger Jorissen deft. Pltf. requests,
that deft, shall be condemned to pay for the extraordinary session of Burgo-
masters and Schepens, which was held in the case of Borger and Mr. Joshua
Atwater. Deft. Borger Jorisen says, it was not he, but Mr. Atwater, who
called for the extraordinary Court, which was granted at Atwater's request,
who promised to save him harmless. Whereas Mr. Atwater is still present,
the Court consented, that if he had any cause of action against Mr. At-
water, he might institute the same ; otherwise they ordered him to pay
for the extraordinary Court.
Secondly, the Officer proposes how Borger Jorisen being lately at the
wedding of Nicolaes de Meyer, insulted Burgomaster Allart Anthony, in
presence of several friends. Requests, that he be thereupon duly pun-
ished. Borger Jorisen acknowledges, to have had some words with
Allart Anthony, but that the same was spoken in drunkenness. The
case was postponed until next Court day.
Comelis Melyn serving reply to the answer of Sybout Claesen, there-
upon was endorsed — Copy hereof shall be delivered to party thereunto
to rejoin by the next Court day.
Abram Verplanck rendering reply to the answer of Allart Anthony,
thereupon was endorsed — Copy hereof shall be granted party, to rejoin
thereunto by the next Court day.
Thomas Hinson requests by petition, inasmuch as Mary Tilson has
fled from Virginia, with other thieves, from her Master with some property
^^55] Court Minutes of New Amsterdam. 33 ^
which she stole and was here in custody, from which she again escaped
with all the goods ; that the Marshal, in whose charge she and the prop-
erty were, may be condemned, to place the said Mary Tilson again in
arrest with whatever she had with her, or to pay for the same. The
Marshal's excuse being heard in Court, it is ordered, that all diligence
shall be used, to again arrest the said Mary Tilson, when she shall be
sent to her master in Virginia ; and further that petitioner shall specify
the property she had with her, and estimate it according to its value when
further disposition shall be made in the premises.
Extraordinary Session on Tuesday 7'^ July 1655 In the City Hall
Present the W. Heeren, Comelis van Tienhoven, Allart Anthony,
Oloff Stevensen, Joannes Nevius, Jacob Strycker and Jan Vinje.
Borger Jorisen pltf. v/s Mr Josua Atwater deft. About an arrest.
Pltf. appearing in Court says, that deft, and not he ought to pay the ex-
traordinary expenses of the former session ; and therefore had arrested
the deft., who proves that he had entered into an arrangement for his
own private interest and not, according to the law of justice. The
Burgomasters and Schepens having heard parties and examined witnesses,
condemn the pltf. to pay for the two extraordinary sessions, and fifteen
English Shillings in addition, for deft's waste of time and loss of passage.
Thus done and sentenced at the aforesaid Court this 7 July 1655.
Thomas Hinson appearing in Court and exhibiting, according to
order of the last Court day, the specification and estimate of what Mary
Tilson, who escaped from custody, had with her, the Court having delib-
erated find by plurality of Votes, that the said goods were worth, when
here, the sum of one hundred and fifty guilders — fl. 150. ; and inasmuch
as it appears that the maid and goods, being in the charge of the Marshal,
escaped solely through his fault, therefore the said Marshal shall be con-
demned to deliver up the said maid and property, or to pay the aforesaid
sum of fi. 150.
Tuesday, i^^ July 1655. In the City Hall.
Present the Heeren Comelis van Tienhoven, Allard Anthony, OloflF
Stevensen, Johannes Nevius, Johannes Verbrugge, Jacob Strycker, Jan
Vinge.
Edward Scharburg, Merchant of the ship named the Mary of Gaka-
332 Court Minutes of New Amsterdam. [1655
nock, pltf., contra Harmen Jacobsen, Teunis GerritseDy Jacob Boeckstal,
and George Bird, sailors on board the said ship, defts. Pltf. states, that
defts. have arrested him, requests the reasons for the arrest Defts.
answering say, they have arrested pltf. for payment of their earned wages,
and that they must be discharged, inasmuch as they hired in Old England
for ten to eleven months, and their time is expired. Edward Scharborg
proves by the declarations of the skipper of said ship and his brother,
that he had engaged the sailors in Old England for i6, i8, to 20 months ;
viz. to sail from Old England to Virginia ; from Virginia to Barbados, N.
England or N. Netherland and thence back to Old England or other parts
of Europe, and that they should then be first discharged, requesting that
they be condemned to complete their term of service, and offers to
pay those present half their earned wages. The sailors offer to proceed
as proposed with the ship to some port of Europe, on condition, that he,
Scharborgh, shall promise under his hand to discharge them on their
arrival there and pay them their wages. Parties being heard and
the Court of the City having paid attention to the demand and reply of
both sides and to the proof exhibited in Court, condemn the sailors to
serve out their time and engagements honestly according to the signature
ot Scharborgh given in Court and placed in their hands ; and Edward
Scharborgh was further ordered to pay them the half of what is due them.
Done as above.
Copy.*
These p'sents oblige mee Edward Scarburgh that at such time as the
shipp Mary of Gaakonock shall arrive in any part of Europa denovo, that
then Anthonie Gerrits, Gorge Bird, Harman Jacobsen, Seamen shall be
acquitted from the said shipp Mary ; and receive their wages to which I
have subscribed in New Amsterdam this 13*? of July Newstiel 1655. Was
undersigned, Edw. Scarburgh.
Monday, the I9*^ July 1654 [1655]. In the City Hall.
Present the W. Heeren, Cornelis van Tienhoven, Allard Anthony,
Oloff Stevensen, Joh. Nevius, Jacob Strycker, Joh. Verbrugge, and Jan
Vinje.
Teunis Kraey, pltf. v/s Michel Tadens, deft. Deft, in default,
* English in the original.
1^55] Court Minutes of New Amsterdam. 333
Teunis Kraey, pltf. v/s Jan Comelis Clyn, deft. Deft, in default.
The H^ Allard Anthony renders a replication to the reply of Abram
Verplanck, in which he persists in his former answer and declares to re*
nounce further productions. Therefore the Court orders Abram Ver-
planck to submit to the Court, at the next sitting, his papers and documents
appertaining to the cause, or renounce all further production, when the
matter shall be disposed of.
Sybout Claesen in replication to the reply of Comelis Melyn, offers
to pay pltf. whatever, on settlement of account, shall be found to belong
to him, but first legal conveyance of the lot in question shall be given him.
Burgomasters and Schepens having seen the offer of deft., refer par-
ties to Sieurs Govert Loockermans and Comelis Steenwyck to settle their
reckoning regarding the payment of the lot in question, and if possible, to
reconcile the parties in their further differences, failing which to com-
municate their opinion in writing to the Court.
Isaack de Foreest appears at the meeting requesting, as Thomas
Adamsen owes him about i8 gl., that the proceeds of the hhd. of tobacco,
which he had stored at Mf Gysbert's and which was sold by auction, may
be given him. The Court consents, that petitioner may receive, under
security, the proceeds of the aforesaid hhd. of tobacco. Jacob Kip con-
sented to be bail, that Isaack de Foreest should restore the money in case
the Court hereafter decided, that he had unjustly received it.
Resolved and concluded by the Court, whereas it is at present the
Dogdays, that no ordinary session or Court shall be held during the said
Dogdays ; wherefore the Court Messenger is ordered to conform himself
accordingly, in serving summons.
Extraordinary Session on Tuesday 27 July 1655. In the City HalL
At request of A. Planck and Allard Anthony. Present — ^the W. Heeren
Oloff Stevensen, Joh. Nevius, Joh. d'Peyster, Joh. Van Bmgh and Jacob
Strycker.
Parties producing their papers, Verplanck requests that Hendrick
Janssen van Vin (being summoned) may be examined on certain points,
which being done in presence of Allard Anthony, and parties having re-
nounced further proceedings, the following sentence was pronounced : —
Whereas process has been instituted before us. Burgomasters and
V w'
334 Court Minutes of New Amsterdam. [1655
Schepens of the City of Amsterdam in New Netherlands between Abra-
ham Verplanck as pltf. against AUard Anthony, deft., relative to certain
differences in the fulfillment of a Contract entered into between Allard
Anthony and Abram Verplanck for the service of his son Geleyn Ver-
planck. Therefore, the Burgomasters and Schepens, (the parties having
renounced the production of further evidence) having heard and exam-
ined the pieces and documents rendered by parties and their verbal argu-
ments, and duly deliberated on whatever was material, have declared the
aforesaid Geleyn Verplanck free from the obligations of the Contract, and
condemn the deft., Allard Anthony, to remunerate the above named
Geleyn Verplanck for the time, which he has served according to con-
tract, and moreover to restore whatever Geleyn Verplanck shall prove he
has left at the aforesaid Allard Anthony's, on condition, that Gele3m Ver-
planck shall, in presence of Pieter Comelis vander Veen and Pieter Jacobs
Buys, duly account and give satisfaction for the cash as kept by him ;
and parties on both sides are condemned to pay their own costs, and to
pay the half, each, of this extraordinary session. Thus done and adjudged
in Our Extraordinary Court holden in the City Hall at Amsterdam in
New Netherland, this 27^ July 1655.
Oloff Stevensen, Joannes Nevius, Johannes de Peyster, Johannes van
Brugh, Jacob Strycker.
Monday, 9*^ August 1655. In the City Hall.
Present — the W. Heeren, Comelis van Tienhoven, Allard Anthony,
Oloff Stevensen, Joh. Nevius, Johan. de Peyster, Jacob Strycker and Jan
Vinje.
The Officer Com? van Tienhoven, pltf. contra Borger Jorissen, deft.
Deft, in default.
Anna Webber, wife of Wolfert Webber, residing beyond the Fresh
Water, being legally summoned by the Schout touching the Complaint
rendered against the person of Jan van Leyden in manner as follows : —
Jan van Leyden coming last Monday, after the Burghery had marched
past her fence and gate, as she stood inside, said, Good evening ! Mde
van Vincker ! Whore ! every man's whore ! Then following her, he took
her rail up and came within the fence ; scolded as before, and struck her
with his gun on her shoulder, and gave her a black eye, which is still seen
i^ss] Court Minutes of New Amsterdam. 335
by the Court. She relates and complains further, that on her premises
and in her yard, he struck her on the side with an iron crowbar, so that
she lay three days bed ridden from the pain ; Jan van Leyden further
said, that she had earned fi. 7.4 from the gunner in adultery ; and also —
" I will have my pleasure of you, even though it be on the street, before
the pigs." Jan van Leyden denies having struck her ; has witnesses to
the contrary ; namely, Abram Plancks wife, her two daughters, and two
sisters' daughters and the wife of Augustyn Heermans.
Capt. F. Fyn being summoned by the Schout in the complaint against
the person of Jan van Leyden, says, that Jan van Leyden being in con-
versation with him last Monday about the payment of fl 25. in the pur-
chase of Cows, struck him in the face, and laid hold of his sword by his
side, and that Mr. Willett and others came between them. Asks right and
justice. Jan van Leyden demands copy of the complaint to answer
thereunto by next Court day. Complainant demands, that his witnesses
be heard. MT Thomas Willett and Jacob Barents being summoned de-
clare that they heard, Jan van Leyden and Capt. Fyn were last Monday
in conversation before the door about some debts, but they did not pay
much attention to them for that reason. They heard Capt. Fyn say to
Jan van Leyden, had I you in some other place, I should teach you some-
thing else ; and thereupon Jan van Leyden struck the aforesaid Fyn with
his fist in the face, and seized the sword he carried at his side, whereupon
deponent Willett stepped between them, to prevent further difficulty ; de-
claring what precedes to be true and worthy of belief, under offer of Oath,
if needs be. Done etc. The Schout requests, that Jan van Leyden, for
the assault committed on the Highway before witnesses on Capt Fyn ;
and the force and violence used towards the wife of Wolfert Webber at
her place, be placed in confinement in the City Hall and there answer for
his conduct. The officer's request was agreed, and he was ordered to
institute his action.
Jan van Leyden, pltf. v/s The wife of M' Jacob Varvanger, deft.
Deft's husband appeared for his wife. Pltf. says, that he left two beavers
at Mr Jacob's, which he took back from there, and afterwards brought
another. Requests that deft, be obliged to restore said beaver. Deft,
denies, that the beaver was received either by him or his wife. Therefore
pltf. was ordered to prove his assertion.
336 Court Minutes of New Amsterdam. [1655
Copy : — Gentlemen ; This is the request of Jan Willemsen Iselsteyn,
that the cause be tried. In my opinion, the adverse party is more to
blame, than the deft. ; and I am content, if the case be such, not to offer
any opposition, for so I have done great wrong. But since I know better,
let me enjoy one ear, and my antagonist the other. What shall remain
unjustified will be for the Fiscal, and I will give security, that it shall pro-
ceed according to order. Subscribed, yan WilUms Iselstyn, Endorsed^ —
Petitioner is allowed, after he shall have given sufficient bail for his 2^
pearance, to depart from custody and justify his case.
Edward Golden, pltf. v/s. Capt. Scharborgh, deft., demands payment
of 17^ months wages as Surgeon of deft's ship, at 40 English shillings the
month, and, besides, his discharge, as his time is expired. Deft. Capt
Scarborgh, states and proves, that pltf. engaged in Old England for the
voyage back to England or any other part- of Europe and still maintains,
that he does not owe anything ; requesting that pltf. be placed in confine-
ment and offers to give bail for his board, or that he shall enter security,
that he will not run away, but return with him. Parties being heard, the
Court orders that pltf., Edward Golden shall duly complete his time and
service according to contract.
Hendrick Gillisen Wageman, pltf., v/s Wybrant Janssen, deft., de-
mands payment of his earned wages, being 200 lbs of tobacco and one
hogshead freight-free, agreed on as wages on board deft's bark with privi^
lege of pa3rment at the Manhattans or where he pleases. Deft, denies the
same ; says that Hendrick Gillisen must take him to Virginia, and be
paid there. Pltf. requests, that his witness, William Cattoen, to whom
deft, refers him, be heard in Court. He appears and declares under offer
of oath in presence of Wybrant Jansen, that he was by, when Hendrick
Gillesen agreed in Virginia with Wybrant Jansen ; Hendrick Gilleaea
should have two hundred pounds of tobacco monthly and a hogshead of
tobacco, free of freight, and be discharged when he pleased, where the
deft, must pay him. The Court having heard the above declaration to
which deft, referred, condemn deft. Wybrant Jansen to pay pltf. Hendrick
G. Wageman, what he, according to the declaration aforesaid, owes
Hendrick Gillesen. Done etc.
Pieter Jansen, Skipper of the ship, the Spotted Ccw^ appears in Coaft
with Joseph La Coster, stating that they cannot agree about some goods,
1^55] Court Minutes of New Amsterdam. 337
which were spoiled in said ship, and request that their Honor's of the
Court would please commission two arbitrators to estimate the actual loss.
The request being found just, the Court appointed Sieurs Paulus Leen-
dertsen van die Grift and Comelis Steenwyck, who are hereby authorized'
to inspect the damaged goods and to decide according to the facts and if
possible to reconcile parties, otherwise to communicate their opinion to
the Board. Done etc., the 9*?* August.
Whereas Comelis Steenwyck is absent, the Court has, at the request
of parties, appointed Sieur Govert Loockermans in his place with similar
charge, as above.
Willem Jansen, pltf. v/s Jochem d' Schoester, deft. Pltf. states, that
deft struck and stabbed him with a knife in the head ; requests payment
of damages, surgeon's bill and loss of time, exhibiting affidavits as to how
the matter occurred. Deft, denies the same and requests copy. The
Court allows copy in order to answer at the next Court day.
Allard Anthony as attorney for Jacob Huys, Skipper of the ship, the
PeartreCy pltf. v/s Jacob Moesman, deft Pltf. demands payment of
fl. 1046.3 in good merchantable beavers for passage of deft. Moesman
and his companion in the aforesaid ship. Deft, says, that he has not
refused pa3rment of what he owes, and now tenders the same, but on the
decision of two arbitrators, to which parties agree to refer. Therefore the
Court have referred parties to Sieurs Govert Loockermans and Johan
Pieters Verbnigge, who are hereby authorized to settle the accounts on
both sides, to superintend the payment and if possible to cause them to
agree ; otherwise to communicate their written agreement to the Court.
Comelis van Lanckvelt, pltf. v/s Hendrick Gillesen Wageman, deft.,
demands payment of fl. 31. for cloth and one pair of boots, whereupon
I ring was received. Deft, acknowledges to owe only fl. 6. for one
pair of boots ; and if he [had] the cloth for the remainder of the suit, he
should be indebted only i^ beaver. The Court order pltf. to prove, by
the next Court day, his demand and claim.
Teunis Kray, pltf. v/s Jan Comelissen Clyn, deft. Defts 2^ default
Monday, the 16^ August, 1655. In the City Hall.
Present — the Heeren Allard Anthony, Oloff Stevensen, Johannes
Nevius, Johan. d' Peyster, Jacob Strycker, Johan. Verbmgge and Jan Vinje.
TOL. I.-
338 Court Minutes of New Amsterdam. [1655
Teunis Kraey, pltf. v/s Jan Comelisz Clyn, deft. Defts 3'! default
Pltf. says he contracted with Jan Corns. Clyn to build his house according
to contract, and that he failed to lay the cellar, which he therefore had
done by another, who has demanded two beavers therefor. Requestst
that deft, be condemned to pay the said two beavers, or to satisfy the
carpenter, and pay incurred damages and costs. Burgomasters and Sche-
pens finding, that deft., being summoned three different times, is in
default, have therefore condemned the same for his contumacy, to pay
the said two beavers with costs of Court.
Jacob Willemsen vander Bos, pltf. v/s Jan Gerritsen van Bocksel,
deft. Deft, in default.
Claes van Leyden, pltf. v/s Wybrant Jansen, deft. Deft, in def?
Pieter Jansen, Gunner, pltf. v/s Edward Scharborgh, deft. Deft, in
default. Pltf. demands by petition, as he has the falling sickness, that he
be discharged and paid his earned wages. Whereupon was endorsed : —
The Court orders, that copy hereof be handed to Capt Scharborgh to
answer thereunto by the next Court day.
Hendrick Jansen Ruyter, pltf. v/s Edward Golden, deft. Deft, in
default.
The Heer Tienhoven present.
Joresy Rapalje, pltf. v/s Jan Comelis. Clyn, deft. Pltf's wife ap-
peared in Court, complaining that deft, has arrested her money at Fort
Orange to the amount of fl. 160, without any reason, having sued out no
legal process therefor. Requesting that deft, shall institute his action, or
that the executed arrest be declared invalid and she accordingly be em-
powered to receive her money. Deft, says, he has no question with the
woman, but with her husband ; but acknowledges that he has issued the
arrest in Fort Orange without any legal pleading, because his negro worked
16 months for Joresy, who had promised the negro, in addition to free
board drink and maintenance, to furnish him with a first quality cloth
suit, a hat, four shirts, stockings and shoes in proportion, and that, on the
contrary, the negro was returned in worse supply than he was delivered in.
Demands reparation therefor. Georgy's wife maintains, on the other side,
that the negro had a proper outfit and had also given him a coat which
cost 18 gl. and now offers to give, not to Jan Comelis"^ but to the Negro
cloth for breeches and 2 shirts, i pr. stockings and shoes, acknowledging
«^5] Court Minutes of New Amsterdam. 339
§
to owe only 4 gl. to Jan Comelissen. Parties being heard the Court
declared the aforesaid arrest invalid, and having further examined the
pleading and also the declaration of Hendrick Pietersen van Hasselt,
relative to the claim as to the Negro, have dismissed Jan Comelissen
Clyn's demand thereupon ; merely condemning Georgie to pay the gl. 4,
which he owes.
Jan van Leyden, pltf. v/s Lambert Huybertsen Mol and Andries
Hoppen, defts. Pltf. demands, that defts. declare before the Court what
passed on the 30^ June between him, Jan van Leyden, and Webber's wife.
Lambert Huybertsen Mol declares, that he heard they had words, but not
what sort. Andries Hoppen declares, that he heard the wife of Wolfert
Webber scold, without knowing precisely the terms and that Jan van Ley-
den said — Go into the house, you Slut !
Jan van Leyden, pltf. v/s Jan Schryver and Christiaen Antonissen,
defts. Pltf. demands, that defts. declare what passed between Wolfert
Webber's wife and him, Jan van Leyden, on the 2^ July and 2".'' August
last.
Jan Schryver declares, that Webber's wife sat before her door ; that
Jan van Leyden came past in the evening and that Webber's wife abused
him in these words : — You squint-eyed villain ! and other insults which
were unbecoming.
Christiaen Anthony declares, that on the evening the Burghery marched
he came from the Fort sorely fuddled and does not properly know, what
passed between Jan van Leyden and Webber's wife ; but he saw, that Jan
van Leyden was at Webber's place in words with Webber's wife, whence
he went with Jan van Leyden to Beekman's.
Jannetie Hamel, wife of Nicolaes Martensen, declares in Court, at
the request of Wolfert Webber's wife, that, coming about 14 days ago, in
the evening, past the door of Webber with Jan van Leyden, she said Good
Evening ! Then Jan van Leyden said Good evening, Madame van
Vincken ; whereupon words ensued — Jan van Leyden said — " Whore !
The Gunner's whore ! For 12 English Shillings, thou hast served him ;
the cows thou hast, thou has earned by adultery," and went further, with-
out witness having heard or seen any thing else.
Ordered by the Court that the Officer shall take further information
in the case, and then institute his proceedings on the next Court day.
340 Court Minutes of New Amsterdam. [1655
The officer Corns Tienhoven, pltf. v/s Borger Jorissen, deft As
Borger Jorissen was condemned on July 7 last to pay the costs of two
extraordinary Court Sessions and remains in default to the present time,
the officer requests that authority be granted for execution. Deft. Borger
Jorissen promises to pay the judgment of the Extraordinary Sessions when
he knows how much. The Officer institutes still further actions, where-
upon it is ordered, that if he had any further actions, he should institute
the same in writing and allow the deft, to justify himself against them.
Jochem Beekman answers in writing the demand of Willem Jansen
entered on the last Court day, whereon was endorsed : — Copy hereof shall
be furnished the opposite party to reply thereunto by the next Court day.
Whereas you, Sieur Schut, have not as yet obeyed the order of the
I*' March and 12 April, you, therefore, are once more fully warned through
the Court Messenger charging you without further delay promptly to
observe the same, on pain of further disposition being taken therein.
Done in Court of the Burgomasters and Schepens this 16 August 1655 at
Amsterdam in New Netherland.
Tuesday morning, 17 August 1655. In City Hall.
Present — the Heeren AUard Anthony, Oloflf Stevensen, Johan Nevius*
Johan d'Peyster, and Jacob Strycker.
The Burgomasters and Schepens assembled this day to open a certain
letter received by the Ship, the Balance of Amsterdam, the superscription
of which was : — Honorable^ Upright^ Faithful the Burgomasters and Sche-
pens of the City of New Amsterdam in New Netherland, Which was done
in the aforesaid Assembly, and further, the Secretary was ordered to read
the same.
Copy.
Honorable, Worshipful, Upright, Beloved, Faithful.
As good governments are bound to take care that their lands, cities
and people be freed and protected, as much as possible, from violence and
injury on the part of foreign enemies and neighbours, so is it the duty of
a good commonalty to assist in defraying the common burthens which
were contracted and incurred for maintaining themselves therein. It
behooves your Worships to know what pains and expenses we have in-
curred, ere that city was placed in such a posture ; notwithstanding which.
Your Worships have, up to this time, failed to procure any subsidies for
^^ss] Court Minutes of New Amsterdam. 341
this purpose from the Commonalty there. Inasmuch as that is contrary
to the maxims of all well regulated countries and cities, and in especial
opposition to the government of this city, it becomes now necessary in this
present conjuncture of time and circumstances, that herein no further
postponement be made, unless we are content to behold the ruin of this
state, now of such good promise. Wherefore we being obliged to consider
some means of supply, have thereunto resolved, concluded, and estab-
lished the following taxes, namely :
On each morgen of land, yearly Ten stivers ;
** " head of Horn Cattle, yearly .... Twenty stivers ;
From the rent of houses the Twentyeth penny ; also yearly. And
though this our order shall be more fully made known to you by Our Di-
rector General and Council, as we have, according to their office, abso-
lutely authorized these in all this matter, yet we have considered it also
necessary to enjoin this specially on your Worships, with serious and
earnest recommendation not only to set a good example to the commonalty
in contributing the aforesaid supplies, but also to encourage them therein^
and even, if necessary and should they refuse, to enforce the same, and
cause them to be executed ; for such we find to be for the best advantage
of the State ; whereunto then we confide.
We have, heretofore, consented and conceded to your Worships the
receipts of the excise on beer and wine to pay therefrom the public and
other charges communicated to your Worships by our Director and
Council there. But in the meanwhile, we observed that the proceeds
were not so applied, but were employed, by your Worships or your prede-
cessors, to treating and despatching one Le Bleeuw and other private
matters, to the injury and discontent of the Company. We have therefore
thought proper to inform your Worships hereby that we have resolved and
concluded to place the receipts from the aforesaid revenue again in the
general treasury of the Company, by which you will govern yourselves.
Worshipful, upright, beloved. Faithful, we recommend your Worships
to God's holy protection and remain
Your Worships* Good Friends,
The Directors of the West India Company, Chamber at Amsterdam^
Eduard Man, Isaack van Beeck.
Amsterdam, this 26*^ May, 1655.
To the Burgomasters and Schepens of the City New Amsterdam.
342 Court Minutes of New Amsterdam. [1655
Friday, the 20* August 1655. In the City Hall.
Present — the Heeren Oloff Sterensen, Johan Nevius, Joh. de Peyster,
Jacob Strycker and Jan Vinje.
On this date the Burgomasters and Schepens assembled to open a
certain letter delivered from the Honorable Director General and Supreme
Council the superscription of which was : — Worshipful^ right beloved
Schauty Burgomasters and Schepens of the City of Amsterdam in ^ew
Netherland — which was done in the aforesaid assembly, and therein is
found the letter for Proclaiming a day of Fast and Supplication, which
was published from the City Hall after previous ringing of the bell.
The following is the letter and the proclamation of a day of fast and
supplication.
Copy.
Worshipful, right beloved : —
Considering, on the one hand, God's manifold mercies and benefits
which in His bounty He has from time to time, not only exhibited but also
continued to this budding Province ; and on the other hand, the resolu-
tion and order of the supreme authority of this Province adopted and
executed for the further benefit and security of this Province ; We, the
Director General and Council of this Province have, above all things
deemed it necessary to order and prescribe a General day of Fasting,
Prayer and Thanksgiving, which order we hereby send to your Worships
according to the form of Our Fatherland, to the end that it shall be pro-
claimed and observed in your Worships City, we are and remain
Your Worships* good friends.
The Director General and Council of New Netherland
P. Stuyvesant
By Order of the Hon**'" Direct' General and Supreme Council of N.
Netherland Cornelis Van Ruyven, Secretary
Done, Amsterdam in N. Netherll I8'^ Aug. 1655.
To the Schout, Burgomasters and Schepens of City Amsterdam in
N. Netherll
Copy.
Honorable, Right Beloved :
Considering on the one side the manifold mercies and goodness of
God which His bounty, from time to time not only hath exhibited, but
«6s5] Court Minutes of New Amsterdam. 343
also continued to this young budding Province, whereof there have been
no few proofs — ^the sudden and unexpected changing of a dreaded war
into an acceptable peace vouchsafed unto us last year, since which time
God's mercies and blessings have not failed us, neither in our outgoings
nor our incomings, nor in the departure nor return of divers vessels and
persons wherein the good people of this Province were, generally, interested;
Whereunto is also to be added God's blessing, generally, in the advance-
ment, prosperity, and settlement not only of the State, in general, but also
of each individual in particular, which ought to move every one to grate-
ful acknowledgment and thankfulness, sensible that this, alone, is the
right key to open unto us the further treasures of God's merciful favor
and blessings.
Considering, on the other hand, the resolution and order of the Su-
preme Magistracy of this Province to be undertaken and executed under
God's guidance for the further benefit and security of this Colony ;
whereunto then, first of all, God's especial blessing, aid, and countenance
should be, with humble heart and earnest prayer, besought ; the Director
General and Supreme Council of this Province have, before all things
thought necessary to ordain and prescribe a day of general Fasting,
Prayer and Thanksgiving which shall be observed every where, through-
out this Province, on Wednesday next, being the 25* of this Month of
August, in the fore and afternoon of that day, publicly to preach at the
usual place, God's word, after hearing which to laud and praise the All-
good God for His general and particular blessings, favors and benefits
exhibited and continued towards this Province and the good people
thereof ; on the other side, to pray God with humble hearts that he would
please not only to continue the same, but also (which is the principal
object of this Order) especially to beseech the Good God to bless the pro-
jected expedition, solely intended for the greater security and advance-
ment of this Province ; to prosper it for the honour of His name and to
bring it to the wished for issue, considering that all undertakings, coun-
sels, and projects are idle and vain which have not God's Holy blessing.
Therefore the Servants of God's word are requested to form Texts,
Prayers and Thanksgiving to this purpose, and all subjects professing
the Reformed Religion are charged to attend the same, at the appointed
time, at the place where God's word is usually preached in order, with
\
344 Court Minutes of New Amsterdam. [1655
each other, to praise and thank the Allbeneficent God for received gifts
and to pray for his blessing as well over the country and good people
thereof in general, as especially over the proposed expedition. Likewise
that He would please to take under His Merciful Protection the Director
General, Councillors, and other High and Inferior Officers with their Men
and Ships, and their undertaking in such wise to bless that all may result
to His holy name's honor ; to the establishment of his holy Gospel and
to the advantage of this province and the good People thereof. For the
better observance and attention thereof, the Director General and Council
forbid all common business on that day, such as ploughing, sowing, mow-
ing, fishing, hunting etc., as well as all games of tennis, ballplaying, tap-
ping, and drinking on pain of arbitrary correction. This done in the
Assembly of the Hon^^ Lords Director General and Supreme Council,
holden in Fort Amsterdam in New Netherland the x6 August 1655
P. Stuyvesant
By order of the Direcf. Gen'l and Supreme Council of New Neth-
erl? Comelis Van Ruyven, Secty
Monday, 23 August 1655. In the City Hall
Present — the Worshipful Heeren AUard Anthony, Oloff Stevensen,
Johan Nevius, Joh. D' Peyster, Jacob Strycker, and Jan Vinje.
Pieter Jansen, Gunner, pltf. v/s Capt Edward Scarborgh, deft. Pltf.
says he served 14 months on board deft's ship. Requests, therefore, that
he be condemned to pay the balance of his wages ® 40 English Shillings
^ month and to discharge him from service, according to his former
request. Deft Scarborgh acknowledges, that Pieter Jansen served 14
months on board his ship at 4oy the month, but that he has received
j£io, and nine pence thereon, complains that his crew have all absconded,
and the pltf. is bound by articles to assist to bring the ship back to Old
England or any part of Europe, requesting that he, therefore, shall be
constrained to complete his time and service, and as there is no doubt,
but he will run away, he prays, that pltf. shall be placed in confinement.
Pltf. denies, that he signed the articles ; he acknowledges having received
;^io. 9 pence on a/c of his wages. Parties having been heard by the
Court, their Worships condemn deft. Scarborg to pay to pltf. the balance
of his 14 months earned wages amounting to the sum of 215 gl. iis., here
i^ss] Court Minutes of New Amsterdam. 345
within the term of three days. Regarding the service of the aforesaid
Pieter Jansen, the Court decide, in consequence of the order communi-
cated from the Hon"* Direct' General, that the said Pieter Jansen shall
be discharged his service, as he intends to enter the public service.
Copy:
Worshipful, prudent, Right discreet Lords : — Whereas the Country
requires men for the present expedition and the bearer, a Dutchman, who
has long served the Lords States General, has offered his services, were he
to receive his arrears from Mr. Scarborgh ; pursuant to right and justice
your Worships are requested to favor him with quick dispatch according
to law. As for his service, he is hereby discharged therefrom, according
to the custom even of English law, to enter with ourselves on board our
ships. Wherewith recommending your Worships unto God's protection,
we remain your afifectionate friend, P. Stuyvesant
Done, N. Amst" 23, Aug. 1655.
Claes van Heyden pltf. v/s Wybrant Jacobsen, deft. M^ Scarborgh
appeared in place of Wybrant Jacobsen, who is sick. Pltf. demands pay-
ment for 3 months and 3 weeks wages earned in def t's bark, and that @
18 gl. per month, payable in tobacco at 2 stiv per lb, which was agreed to
on the voyage and promised to be paid here. Scarborgh denies, that deft,
is bound to pay here in tobacco at 2 sliv. per lb., but in Virginia, where he
can receive his pay. Offers to pay him here at 18 gl. the Month in Seawan,
or in tobacco at the rate current here, being 6 stivers per lb. Pltf. ofifers
to confirm under oath, what he has already said, which is agreed. It is for
reasons decided by the Court that Wybrant Jacobsen shall appear, if
possible on next Court day in person, or otherwise be held to declare in
writing, what the tenor of their contract is.
Warnaer Wessels, pltf v/s Fredrick Lubbersten, deft. Pltf. makes
known, how he gave deft, a bill of exchange for gl. 600. and it
was afterwards agreed, that he should receive goods for the aforesaid
monies ; and whereas now some goods have arrived on a/c of the bill of
exchange, and he has not received them according to invoice, requests that
Fredrick Lubbertscn shall deliver the same, as they were at his risk.
Deft, appeals to his competent judge, as residing under the jurisdiction of
Breuckelen ; but as it is a case of arrest says that not he, but the pltf.
received and opened the goods and does not know, what is missing — only
346 Court Minutes of New Amsterdam. [1655
that private persons have received, what they ordered even to a gown, a
petticoat and small hood. As regards the pajmient, he is security for that,
to pay here should the bill of exchange fail, or to give exchange on
Holland. The Court having heard the parties and examined their con-
cluded contract, decides that Fredrick Lubbertsen shall be bound to
complete the invoice of goods sent to pltf. and to give exchange for the
remainder according to contract Fredrick Lubbertsen appears again in
Court, and says that 2 ps. linen are entered on the invoice, which Wamaer
Wessels says, he never received, much less saw, or was benefited by ;
requests, therefore, by verbal petition that he be not bound to pay the
same with a hundred advance. The case is therefore postponed until to-
morrow when the Court will again meet.
M^ Jacob H. Varrevanger, pltf v/s Jan Willemsen Iselstyn, deft
Pltf. prosecutes the arrest, which he served on Laurens Dujrts for the
monies deft, has in his hands ; for the payment of fl. 95. 10 accord-
ing to his note, whereupon he has had some meat as can appear by account,
requesting that the arrest be declared valid. Deft, requests copy of the
note ; acknowledges the debt and promises payment by the first oppor-
tunity according to obligation ; and inasmuch he has not given any other
promise, asks that the granted arrest be declared invalid. The Court
grants deft, copy of the obligation ; meanwhile the aforesaid arrest was
declared valid.
Jan Rutgersen, pltf v/s Pieter Jansen, Gunner, deft. Pltf. demands
payment of fl. 80 for board received during his sickness. Deft acknow-
ledges the debt. The Court condemned the defendant to pay pltf. within
8 days from date.
Comelis Hendrix van Briel, pltf. v/s Jacob van Couwenhoven, deft.
Deft, in default.
Thomas Nuton, pltf. v/s Henry Jackson, deft. Deft, in default.
Pltf. sues for the arrest issued here against deft's sloop on account and
for the payment of wages earned at his mill at Onkeway [Fairfield].
Requests that the same be declared valid. The Court finding that deft
is in default, therefore declares the arrest to be provisionally valid in
favor of van Couwenhoven, and orders him again to summon deft, there-
upon.
Jan Cornelessen, pltf. v/s Anthony Jansen van Vaes, deft Pltf. says,
i^^ss] Court Minutes of New Amsterdam. 347
his brother served the deft, three years, and as he has now been three
weeks out of his employ, requests that deft, be ordered to pay him what
is belonging to him, asking that arrest be orderd for this purpose against
the person of the deft. Deft, promises to pay whatever balance he owes,
not to pltf., but to him, who has earned it. Requests copy of the demand,
to answer pltf. thereupon. The Court declared the arrest invalid and
ordered pltf. to pay his servant, what is due to him.
Lycas Dircksen, pltf. v/s Hend'k Hendricksen, Drummer, deft. Deft,
in default.
Cornells van Lanckvelt, pltf. v/s Hend'k Gillisen Wageman, deft.
Isaack Kip appears as attorney for and in the place of the defendant.
Pltf. says, that as deft, is not himself, present, he cannot prove his action.
Wherefore the cause is postponed until the arrival of the Deft.
Heyltie 't Havens, pltf. v/s Tryntie Pietersen, deft. Case of insults.
Pltf. complains of deft. Deft, denies the same, and complains of the
pltf. Wherefore the Court orders parties on both sides to prove their
complaints and statements.
Skipper Meyndert Louwerensen, pltf. v/s Willem Pietersen, deft.
Pltf. says that a hogshead of tobacco which was delivered to him by Mr.
Scarborgh from M'* Allerton's quay [wharf], was taken away by W.
Pietersen. Requests restitution of his hhd. and tobacco. Deft, acknow-
ledges to have received with N. Bout a hhd. of tobacco, which was deliv-
ered by M'* Scarborgh, without the knowledge of the skipper or any other
person. Parties having been heard, deft. Will"- Pietersen was ordered to
return to pltf. his hogshead of tobacco, he Will : Pietersen having his
action and redress against Mr. Scharborgh, who is bound to make good
and restore the same to him.
Andries Hoppen, pltf. v/s Jan Comelisen and Gerrit Pietersen defts.
Pltf. demands payment of a balance of fl. 96. being the purchase of a
boat according to handwriting. Defts. acknowledge the debt, but inas-
much as they are commanded, with other old soldiers, to proceed on an
expedition to the South, they declare themselves unable, for the present,
to pay, but they leave the aforesaid boat here as security for pltf. Parties
being heard, the Court grant unto the defts., in consideration of their ex-
pedition to the South, time to pay until their return. In the meanwhile
pltf. shall have his guaranty and hold, for the present, on the aforesaid boat.
348 Court Minutes of New Amsterdam. [1655
Jan Lambertsen, pltf. v/s Lysbeth Pietersen, deft. Deft, in default
Harmen HarmenseD Gansevoort, pltf. v/s Pieter Pietersen Waterhoat,
skipper of the ship, the Amsterdam, deft Pltf. demands delivery of his
goods, which he has in said ship, as Willem Beeckman stands bail, or is
ready to make payment Deft says, he has not refused him the property,
being only his chest, but demands first payment of gl. 50. being for passage
and board, in beavers at five guilders each, as pltf. agreed under signature
with the owners. Pltf. says, he did not know the price of beavers here
and that he inconsiderately signed the handwriting. The Court decides,,
that Pieter Dircksen shall let the goods go, as Will : Beeckman is security
for the payment, and postpones [the matter] to the next Court day.
The petition of Jan Willemsen Iselsteyn van Leyden, being under
arrest, being delivered to the Court, and his request being heard, is post-
poned until to-morrow when a meeting shall be held thereon.
Comelis Schut requests by petition, that their Worships will please to
grant him a little time to remove his salt from the City Hall. Whereupon
was endorsed : — The Petitioner is referred to the previous resolution and
ordered to remove the salt, within three days from the City Hall.
Andnes Hoppen, Pieter van Linde and Jan Hackins appeared in
Court relative to three hogsheads of tobacco, which P. Linde, as Inspector,
certified for Jan Hockins as good and being delivered to Andries Hoppen
are found not to be cured tobacco. Request the Court to decide at whose
charge the loss is to be. Peter Linde as Inspector says, that he being
requested, on the 26 June last, by Jan Haeckins to inspect some tobacco ;
of three hogsheads he inspected two, which tobacco he declared, accord-
ing to his instructions to have examined and inspected, without having
found therein any deceit ; the said tobacco remained in the possession
of the aforesaid Hagins until the 29**? @ 30* June, but what occurred
since in the packing or changing is unknown to him. Jan Hakins says,
the hogsheads of tobacco were not changed nor a hammer nor hand laid
on them. The aforesaid case is postponed by the Court until the morrow,
when they shall again assemble.
Abram Verplanck presented a written petition relative to the judg-
ment against AJlard Anthony.
Allard Anthony requests, the Court will be pleased to delay its
decision until to-morrow when he shall have something to ask in this
matter by respectful petition. Wherefore it was postponed until morning.
i6s5l Court Minutes of New Amsterdam. 349
Extraordinary Meeting holden on Tuesday the 24 August. 1655
In the City Hall.
Present the Worshipful Heeren Cornelis van Tienhoven, Allard
Anthony, Olofif Stevensen, Johan Nevius, Joh. dTeyster, Jacob Strycker,
Johan Verbrugge.
Leendert Leendertsen pltf. v/s Jan Hackins deft. Pltf. states that
deft., late skipper of a bark in Virginia, had words with his crew and
commanded him, pltf. who was navigating hither to weigh the anchor.
He refusing, because his people would not act, the deft, dragged him in
the evening ashore at a point, where wolves and other wild beasts resorted,
and might have destroyed him ; and as he took away with him whatever
he had on board, being a pack of clothing, a new coat, a pair silk hose,
a new shirt, a silk cravat, two knives, and the canvas bag besides, with
two rolls of tobacco, requests restoration of the property and that the
Court would consider, how he had been cast ashore, by night, worse than
any enemy ever was, and be pleased to punish deft, as he deserves.
Deft, acknowledges, that he set the pltf. on shore, but on a proper place,
because he was instigating his crew to mutiny ; and as to the few things
belonging to pltf. on board, when they came to Boston, they were opened
and found to be a pair of breeches with a waistcoat, a half worn coat
with a pair of silk hose, but no shirt, no cravat, no knife, no sack or
tobacco as pltf. said. And says, that on his arrival at Boston, he was
arrested, thro' the Agent of Leendert Leendertsen, by the Marshal, and
entered bail of £ 30 stg. thro' Joch Hackins, and as no Court was then
sitting, he knows not what has been done in the matter. Claims still
from Leendert Leendertsz. 150 lbs. tobacco, apart, for which the goods
are kept. Pltf. Leendert Leendertsen denies owing 150 lbs of tobacco
to Jan Hackins, also expressly that he authorized any person to make
any demand on Hagins ; Asking for the clothing abovementioned kept
on board the bark, fl 150. Deft, being heard thereon says, that the
retained goods were scarcely worth ;^5., but ofifers to enter bail here for
pltfs demand, and undertakes to prove, within 6 weeks, that Leendert
Leendertsen had an attorney at Boston and what he must pay there.
The Court of the City of Amsterdam having heard the demand and
answer of parties, and there being no proof, have condemned deft. Jan
Hackins, according to his offer, to produce proof, within 6 weeks from
Boston as to what and how much authority Leendert Leendertsen gave
350 Court Minutes of New Amsterdam. [1655
his attorney as well as how much he, Hackins, must pay said Leendert Leen-
dertsen's attorney, and before his departure hence, to enter sufficient bail for
the claim of Leendert Leendertsen in the sum of ;^55. sterling. Done etc.
Pieter van Linde appears, according to order of 23 August, in Court
relative to the inspected tobacco in question, and says he understands,
that the said tobacco remained with the heading open 3 or four days
after he had inspected it and therefore may well be changed. Ordered
to prove the same.
Wamaer Wessels appeared in Court on the matter in dispute with
Fred'k Lubbertsen, requesting that as he offered to declare that, as he
did not receive any more goods, than are on his invoice, Fredrick Lub-
bertsen shall be obliged to do the same, when he, according to contract,
is to satisfy him for the balance by exchange on Holland. Therefore
the matter was postponed to next Court day.
AUard Anthony exhibits a certain request, wherein he finds himself
aggrieved by the judgment pronounced by the Court between him and
Abram Verplanck and says the judgment conflicts with our laws, request-
ing therefore a rehearing — Whereupon was endorsed — ^Whereras it has
not been shown to us with what laws our pronounced opinion con-
flicts, and the same was rendered according to our best knowledge,
we, therefore, persist therein, and adjudge that the same shall take full
effect within three days.
Abram Planck petitions by request, whereas Allard Anthony will not
obey the late sentence, that the property be removed from his house by
authority of justice and force — Whereupon was endorsed : Party is
ordered fully to execute the rendered judgment within three days from
this : petitioner can hold himself in readiness to account for this cash
and whatever else was entrusted to him.
Joh. Nevius requests by petition rehearing on the judgment pro-
nounced by the former Court on the 18. Deer 1654 in the case of his father
in law Cornelis de Potter and Covert Lookermans. Case postponed
until the next Court day.
The case deferred yesterday in the matter of the prisoner Jan van
Leyden was also postponed until the next sitting, in consequence of the
Schout C. van Tienhoven not having instituted, or not being prepared
with his demand and action.
i65s] Court Minutes of New Amsterdam. 351
Monday, the 6^ Septr 1655. In the City Hall.
Present the W. Heeren, Cornelis van Tienhoven, Allard Anthony,
Oloff Stevensen, Joh. Nevius, Joh. D* Peyster, Joh. Verbrugge, Jacob
Strycker, and Jan Vingne.
Abram Verplanck appears in Court and requests by petition, that
whereas Allard Anthony remains in default and does not obey the sentence
of the former Court, orders shall be issued for executing the same. Allard
Anthony exhibits certain writing granted by the Director General, wherein
Burgomasters and Schepens are ordered to reconsider the documents in
the case. Also not to grant any order of execution until further examina-
tion by the Director General and Council. Therefore is endorsed :
Whereas Allard Anthony has obtained from the General an order staying
execution of the late judgment until further revision by the Hon"* Direc-
tor General and CouncD, petitioner must therefore regulate himself accord-
ingly.
Copy.
To the Hon"* Burgomasters and Schepens of this City.
Represents with due respect Allard Anthony, that certain judgment
of the 37*^ of July last has been handed him, in the matter between him
and Abram Verplanck, by which aforesaid sentence he feels him deeply
Aggneved as it is also contrary to our laws, and therefore requests your
Honors will be pleased to take the same into reconsideration, not doubt-
ing, but the result will be found wholly different This doing etc. En-
dorsement of the Worshipful Court : — Whereas it has not been shewn with
what laws our pronounced judgment conflicts, and the same has been given
according to our best knowledge, we, therefore, persist therein, and decree
that the same shall take full effect within the term of three days. Done
in Court the 24*^ Aug. 1655. Under Stood : — Whereas the Petitioner
herein has handed to me, as President, the full Board not sitting in conse-
quence of weightier affairs, the aforesaid request and the annexed endorse-
ment, in the margin, whereby he, the petitioner finds himself not less
aggrieved than by the judgment, and requires our assistance which can-
not be quickly given in appeal by the Director General and Council
because of the urgent expedition ; Burgomasters and Schepens are, there-
fore, hereby required to review the documents in the case ; Nay, to stay
execution of the judgment according to their further endorsement of the
352 Court Minutes of New Amsterdam. [1655
24^ instant until further revision of the Director General and Council.
Done, Amsterdam in N. Netherlands the 26^ August 1655. ^^^ signed,
P. Stuyvesant.
Under Stood : — By order of the same,
Signed, Cornelis van Ruyven, Sec.
Dirck Teunessen pltf. v/s Jacob Clomp, deft. Pltf. says, the deft
removed 3 of his canoes from the wharf, and used the same on board [his
vessel] and has allowed them to drift away ; requesting restitution of the
canoes, one of which was laden with lime belonging to Willem Bentin.
Deft, denies having removed any canoes from the wharf, but that one
canoe with lime and two without lime drifted by his vessel, which he saw
and brought to his ship ; they had drifted away from him by night, in bad
weather, breaking the ropes. Claims damages because pltf. has arrested
him with his laden bark here, offers to declare on oath and to prove, that
the canoes drifted, that he saw them coming right athwart his vessel and
that they were carried away at night from his ship. Asks, that pltf. shall
prove his assertion. Parties were referred by the Court, inasmuch as there
is no proof of their statements, to Thomas Hall and Laurens Com* van
Wei, who are hereby authorized to reconcile the parties touching their
case ; otherwise to communicate their opinions in writing to the Board.
Pieter La Febre, pltf. v/s Jan Haeckins deft. In case of Arrest
Deft, in default. Pltf. sues for the arrest, issued against the person
of Jan Haeckins, because and in fulfilment of certain stores, and complains
that he, the aforesaid Jan Hackins has once before been arrested last June,
and' that he departed notwithstanding the arrest, requesting, therefore,
that the arrest be declared valid. The said arrest was, in virtue of con-
tempt, declared valid by the W : Court
Nicholaes Meyer pltf. v/s Auke Jansen, deft. Both in default.
Hendrick Pietersen, pltf. v/s Grietie Cosyns, deft Pltf. says, deft
made use of his horse, and rode thereon, and also let it stray in the woods.
Requests, that she be condemned to search for the horse and deliver it to
him when found, at her own expense. Deft, says, pltf's horse broke into
her buckwheat, and as she wished to lead him from her land she sat on
him and brought him to the Fresh Water, to prevent any further damage.
Maintains that she is not bound to satisfy pltf s demand. Parties being
beard, it was decided by the Court, that the deft was justified to
^^5s] Court Minutes of New Amsterdam. 353
bring the horse from her land to prevent damage. Wherefore pltf's
demand herein is dismissed.
Gysbert van Imbroeck, pltf. v/s Thomas Swartwout, deft. In case
of arrest. Pltf. demands payment of fl. 9. 12. Deft, acknowledges the debt ;
requesting delay until he shall have thrashed his grain. Pltf. demands,
that bail be given, inasmuch as it is long due, and the payment becomes
more valuable. Oloff (Van Cortlandt) promises to pay pltf. provided
deft, deliver him the grain, or satisfy him with tobacco ; which deft,
promised. Wherefore the arrest is removed.
Wyntie Roelofs, wife of Dirck Claesen Pottebacker, pltf. v/s Andries
Hoppen, deft. Deft, in default. Pltf. complains, that deft, struck her
in his house, and she exhibited some marks on her face in Court.
Ordered by the Court, that pltf. shall make her complaint in writing to
the Officer, with power another time to summon deft
Johannes van Beeck, pltf. v/s Grietie Jansen, deft. Pltf. demands
payment of fl. 51. for a piece of linen purchased by deft, from him now a
year and a day since. Deft, acknowledges the debt and requests time
until the return of her husband, who is at the South River. The Court
condemns deft, to pay pltf. within two months from date.
Gabriel de Haes, pltf. v/s Nicolaes Meyer, deft. Deft, in default.
Pltf. complains, that deft, came, about 14 days ago, to his house, and there
forcibly assaulted him : requests justice. Ordered by the Court, whereas
the deft, is a Burgher, that he be again summoned.
Isaack de Foreest, pltf. v/s David Provoost, deft., says, he purchased
now about two years since from deft, and paid for a certain rent charge,
on the part of his wife, to be received in Holland, and as the same has
been returned unpaid, and the said rent charge has been resold by deft,
to another, and he is endeavoring to pay him by another of this year, so
he requests payment of damages incurred by him through nonpayment
Deft promises to deliver to pltf. the rent charge of this year in place of
the preceding, and ofifers to pay him the damage he might have sustained
thereby, according to the decision of arbitrators. With which pltf. is con-
tent The Court commissioned Joh. d'Peyster and Sieur Govert Loock-
ermans to reconcile the parties in their case, or otherwise to report their
opinion in writing to the Board.
Claes Vander Heyden, pltf. v/s Edward Scharborgh, deft Pltf.
VOL, 1. — 93
354 Court Minutes of New Amsterdam. [1655
complains, that he arrested Wybrants Jacobsen, who departed notwith-
standing the arrest, and therefore requests that Scharborg, as his atty. be
condemned, according to his demand, to pay him his earned monthly
wages here in tobacco at 2 stiv. the lb. Edward Scharborgh answers, as
herebefore, and demands, that pltf. shall prove, he promised to pay the
tobacco at 2 stivers the lb. Pltf. says he can exhibit no proof thereof,
save his own assertion. Parties being heard, the Court decided, that
Claes Jansen shall be content with the payment of his monthly wages at
18 gl. per month here in tobacco at the market price, or to receive his
tobacco in Virginia, according to his former offer.
Comelis Steenwyck, pltf. v/s Pieter van Couwenhoven, deft. Pltf.
asks payment of fl. 650. in good, whole merchantable beavers @ fl. 8. the
piece, which was due on June 16, being monies disbursed on an obligation
dated 21. August 1654, which deft, jointly signed. Deft, acknowledges
the debt ; requesting only his redress against Govert Loockennans and
Dirck Van Schelluyne as attomies of Lyntie Martens, to whom he paid
the money. Parties being heard, deft, was condemned to pay pltf. within
six weeks from date.
Pieter van Couwenhoven pltf. v/s Govert Loockermans and Dirck
van Schelluyne defts. Pltf. demands payment of fl. 670.15 being balance
of a certain obligation. Dirck van Schelluyne appears in Court and
promises, for himself and Govert Loockermans as attomies for Lyntie
Martens, to pay whatever remains due on the obligation within 6 weeks
from date. Parties being heard, defts. were condemned in their aforesaid
quality, to pay pltf., for which purpose they were allowed six weeks from
date — on pain of immediate execution.
Myndert Lourisen, pltf. v/s Nicolaes Boot, deft. Pltf. says, the deft,
purchased, like others, at publick auction a negress, according to the
conditions, for the sum of fl. 230. and as she died on the following day
the deft, refuses to pay. Pltf. requests, that deft, be condemned to pay
for the purchased and received negress. Deft, says, he had not the negress
three hours when she died, and that she was made expressly drunk to
conceal her sickness, and inasmuch as he was treated therein fraudulently,
he requests, that he be freed from the aforesaid demand. Parties being
heard the Court ordered deft, to prove his assertion by the next Court day.
Willem Pietersen, pltf. v/s Myndert Lourisen, deft. Pltf. says, that
i^ss] Court Minutes of New Amsterdam. 355
deft, stated in his [house], that he had stolen, in a thievish way, the to-
bacco which he received from Mf Scharborgh and drew from Allerton's
Wharf. Requesting proof that he hs^d dishonestly stolen the tobacco.
Deft acknowledges that he said, when he came to remove the hhd. of
tobacco and it was refused him, that it was stolen from him ; but that
Will? Pietersen had first struck him, whereupon the hogshead remained.
Will? Pietersen acknowledges he struck him, because he accused him of
being a thief. Parties being heard, the Court orders, that W? Pietersen
shall, pursuant to previous judgment, deliver, within two days from date,
the aforesaid tobacco, on pain of execution ; and should W? Pietersen
have any action for the injuries he sustained, he may institute the same.
Whereas Borger Jorissen by the judgment of the Court dated 7 July
1655, in the matter with Mf Atwater, was condemned in the costs of the
two extraordinary Courts held by Burgomasters and Schepens, and having
been summoned relative to the same by the Officer on the 16. August,
promised the Court to pay the same, and remains to the present time in
default ; he is hereby a second time ordered to hand the monies for the
two extraordinary sessions to the Court Messenger, amounting to S( A- 76.
on pain of execution. Done in Court this 6 Septf 1655, in Amsterdam in
New Netherland.
Whereas Jan Hackins in the matter with Leendert Leendertsen was
ordered to bring proof of his statement from Boston, and since then has
settled the said difference, without paying for the extraordinary sitting,
which the Court held ; Therefore the Court orders the aforesaid Jan
Hackins to pay for the aforesaid extraordinary session and in case of
refusal, the Court Messenger is authorized to arrest him.
On the petition presented by Johan. Nevius on last Court day,
wherein he requests a rehearing of the sentence of the Court in the case
between Govert Loockermans as attorney of Pieter Com? van Veen and
him, the petitioner, as agent of his father in law, Comelis de Potter ;
Was endorsed : — Petitioner is granted a rehearing and ordered to produce
his papers by the next Court day.
Wolfert Webber and wife being summoned to Court in the complaint
against Jan van Leyden, appeared, and persist in their complaint pre-
viously entered, but have no further proof. Offer to confirm the same by
Oath.
356 Court Minutes of New Amsterdam. [1655
To the Worship! Burgomasters and Schepens of City Amsterdam in New
Netherland : —
Jan van Iselsteyn, alias Jan van Leyden, summoned on complaint of
Francois Fyn and the wife of Wolfert Webber, is detained, by virtue of
your Worships warrant, in the City Hall. The complaint of Fr. Fyn is,
that Jan van Iselsteyn struck him in the face, on the Highway near Daniel
Litschoe's house, laid his hand on the hilt of his sword and threatened
the aforesaid Fyn with harsh words, he Jan van Leyden being drunk.
Proceeding to and arriving at Wolphert Webber's house and residence,
the aforesaid Iselsteyn gave his wife very abusive language, leaped over
her fence and struck her on her own ground, as she says, and she shews
on her cheek black patches, which the woman states, she received from
Jan van Iselsteyn in his anger, on her own ground and within her fence.
Moreover, the said Jan van Leyden very sorely threatened the above-
named woman. The first assault committed on Capt. Fyn on the High-
way, as appears by the marks on his face, and the threats used toward him
cannot be suffered or tolerated in a country, where justice is in vigour,
but for the preservation of peace such insolent and disorderly people
must be punished ; and whereas all, or the major portion of, the good in-
habitants know of old, that the aforesaid Jan van Iselsteyn is a trouble-
some and quarrelsome person, whereof abundant proof can be produced,
and therefore the complaint of Wolfert Webber's wife is more credible,
the Schout requests, that the aforesaid Jan van Iselsteyn, for his public
assault, insults, blows, violence and threats committed on the Highway on
Capt. Fyn and the foregoing, shall be banished out of this jurisdiction of
the City of Amsterdam in New Netherland, and shall, moreover, be con-
demned to pay a fine of one hundred Rix dollars to be applied as may be
proper, with the costs and mises en justice. This 6*^ Septembr 1655.
Amsterdam in New Netherland, was signed
Comelis van Tienhoven.
Advices and consequent conclusion on the demand of the Schout
against Jan van Leyden.
The advice of Allard Anthony is : — That Jan van Leyden shall, for
this time, be excused from banishment, on condition that he shall ask
pardon of the Court and promise to behave himself, henceforth, as an
honest man, and further, pay the costs of this trial.
^^5s] Court Minutes of New Amsterdam. 357
The advice of Oloff Stevensen : — That for this once Jan van Leyden
shall be discharged on payment of all costs, with a warning that on the
recurrence of the first ofifence, he shall be banished and punished as he
shall deserve.
The advice of Johan. d' Peyster : That Jan van Leyden shall pay for
his confinement and release, and to the Officer, in addition, the sum of fl. 50.
and then be immediately released from prison and freed from banishment.
The advice of Johan. Nevius. Joh. Nevius advises, whereas divers
complaints have been entered against Jan van Leyden, and the Fiscal has
made his demand, that Jan van Leyden ought to be condemned in a fine
of one Hundred Rix dollars, and not banished.
The advice of Joh. Verbrugge, is : — ^Whereas what Webber's wife has
accused him of cannot be proved, but only his fault, that he be liberated
on payment of costs, and not banished.
The advice of Jacob Strycker is : — That Jan van Leyden shall pay
his board and the jailor's fee and then be liberated.
The advice of Jan Vigne is : — That Jan van Leyden shall pay one
hundred dollars and be exempt from banishment.
Conclusion and sentence : Whereas Jan Willemsen Iselsteyn van
Leyden residing on the island of Manhattans, within the jurisdiction of
the city of Amsterdam in N. Netherl? is detained in the City Hall, on the
complaint of Francois Fyn and Wolfert Webber's wife made in Court, at
the request of Cornelis van Tienhoven entered in his quality as Schout of
this City, because he, Jan van Leyden, struck the said Francois Fyn, on
the face on the Highway, laid his hand on the hilt of his sword and
threatened him : also, because he used abusive language towards the wife
of Wolfert Webber, jumped over her fence, and struck her on her own
ground — Therefore the Burgomasters and Schepens of the City of Amster-
dam having heard and examined the complaint and demand of the officer,
the confession and defence of the prisoner with the proofs appertaining
to the case, have condemned the said Jan Willemsen Iselsteyn, as their
Worships by plurality of votes hereby do, that he, Jan Willemsen Isel-
steyn, shall appear in Court and there, with uncovered head, beg of God
and Justice pardon for his aforesaid crimes, and promise to henceforth
comport himself in peace and quietness without molesting any one touch-
ing the aforesaid complaint ; or in default hereof, that he, without any
358 Court Minutes of New Amsterdam. [1655
mercy, shall, on the first complaint, be punished as it shall behooye, and
be moreover, banished out the jurisdiction of this City : and that he Jan
Willemsen shall acquit and pay the costs of his imprisonment and this
trial. Thus done, sentenced in aforesaid session this 6^ September 1655,
at Amsterdam in New Netherland.
6 Sept. Methie Wessels arrests the person of Jan van Daalen.
ditto. Pieter La Febre arrests the bark of Jan Hackins.
7? Sept. Hendrick Gillisen Wageman releases the person of Isaac
Kip, who was bail for the claim of Comf van Lanckvelt, to answer in the
suit of said person.
On the 8^ Sept! 1655. At the house of Allard assembled Comelis
van Tienhoven, Allard Anthony, Olofif Stevensen, and Joh: Nevius.
The matter in question of Pieter Dircksen Waterhout, skipper of the
ship New Amsterdam and Harmen Harmensen Gansevoort relative to the
payment of the board of said Harmen Harmensen from Holland hither.
The case being taken further into consideration, the Court decided,
whereas Harmen Harmensen by handwriting and signature bound him-
self to pay beavers here at five guilders a piece, that he shall do the same
according to his signature, whereunto he is hereby condemned without,
however, this making, in other circumstances, any change in the price of
beavers here. Thus done and ordered in the Court aforesaid. Done etc.
9*!* Sept! Solomon Abelsen arrests the person of Herbert Herbertsen
Cniyff.
1 1I* ditto. Thomas Stevensen arrests the person of Thomas Reed.
Monday, the 13*!* Septf 1655. In the City Hall.
Present the W. Heeren Allard Anthony, Oloflf Stevensen, Joh. Nevius,
Joh. d' Peyster, Joh. Verbrugge, Jacob Strycker, and Jan Vigne who came
half an hour too late ; and the H' Tienhoven absent, who promised to pay
the fine.
Gabriel de Haes, pltf. v/s Nicolaes Meyer, deft. Pltf. in default.
Rutger Jansen, pltf. v/s Pieter Jansen, deft. Deft, in default. Or-
dered that he be again summoned.
Johannes Withart, pltf. v/s Rynhout Rynhoutsen, deft. Deft, in de-
fault. Pltf. sues for the arrest, issued against the deft., for what is coming
to him from Hendl' Jansen Smith according to judgment of the Court, and
1655] Court Minutes of New Amsterdam. 359
is still unpaid. Requests that the arrest shall be declared valid. The
Court declared the said arrest valid, conformably to judgment, in conse-
quence of the contempt.
Allart Anthony, pltf. v/s Joh. Withart, deft. Pltf. demands payment
of a balance of fl. 344. 8. for freight in the ship Peartree. Deft, offers to
pay the freight according to custom, but requests to deduct 20 ^. cent,
like other merchants, according to instructions of his principal. Burgo-
masters and Schepens refer parties to Sieur Pieter Com * van Veen and
Pieter Jacobsen Buys, to examine the papers and case of parties, and if
possible to make them agree, or otherwise to communicate their opinion
in writing to the Court.
Comelis van Langvelt, pltf. v/s Hendrick Gillisen Wageman, deft.
Jan Geraerdy appears in place of the pltf. and whereas he says he has no
power of attorney to act in this case ; solely a verbal order and that his
partner is absent, the matter was postponed, until the arrival of the afore-
said Com! van Langvelt or authority from him.
Willem Pietersen, pltf. v/s Jacob Jacobsen, deft. Deft, in default.
Pieter Comelissen Van Veen and Paulus Leenderts vandie Grift
pltfs. v/s Johannes Nevius, as attorney for his father in law Comelis
d' Potter deft. Pltfs. demand payment of a balance of fl. 580 according to
a/c being 2/25*** part of the ship /A^ ^tw Lave, Deft. Joh Nevius denies,
that his father in law had the 2/25. part or share in the ship the New Love
but was a partner only for the sum of 300 fl. which pursuant to his instmc-
tions he offers to confirm by oath. Pltfs. undertake to prove that Sieur
d' Potter was bound for the 2/25 part or share. Parties being heard,
Pieter Comelis van Veen cum socUs were ordered to prove, by next Court-
day, what share Sieur Comelis d' Potter hath acquired in the aforesaid
ship, the New Love,
Willem Pietersen, pltf. v/s Myndert Lourensen, deft. Pltf. requests,
as before, that deft, shall prove that he dishonestly stole the hhd. of
tobacco, as he asserted. Deft, demands, that pltf. shall institute his action
in writing and give copy thereof, to answer thereunto. Andries Jochem-
sen being heard in Court at the request of W" Pietersen, declares that he
heard Myndert Lourensen say that he, who drew the tobacco has stolen
the same like a thief. Copy hereof was by the Court granted to the deft,
to answer thereto on the next Court day.
360 Court Minutes of New Amsterdam. [1655
Pieter Lc Febre, pitf. t/s M^ Isaek AUerton, deft., demands paj-
ment of M- Allerton, as secnrinr for Richard Peel, whom he had arrested
here, for a cable, which Richard Peel had purchased for the use of his
Fark from him, pltf^ also his commission for selling certain goods. Deft
requests delaj, until he shall haTe recerred authority from M! Br3m, and
says the cable was sold at lo stiT. the lb., and that he promised only 5 per
cent, commission. The case in dispute is postponed to the next Court
day and parties are ordered to make out their a/cs in the meantime and
then to exhibit the same.
Solomon Abelsen, pltf. t/s Herbert Herbertsen, deft Both in de-
fault.
Allard Anthony retires from Court in consequence of urgent busi-
ness.
Jan Hackins, pltf. v/s Jacob van Couwenhoven, deft. The pltf.
demands paymands of 1150 fl. on account of a promissory note, dated
ist July 1655, payable in beer and distilled liquors. Deft sa3rs his beer
is ready. Pltf. denies, that the beer is ready, and enquires if it be allow-
able to mix strong with small beer, and says the beer is not fit to be
removed. Couwenhoven denies the same, and requests the Court to be
pleased to test the same, after adjournment of the session and then de-
cide. Parties being heard, Jacob van Couwenhoven was ordered to pay
pltf. the residue according to contract and obligation ; And the beer hav-
ing been tested after the adjournment of the Court, the same was pro-
nounced good. The pltf. was, therefore, ordered to receive the same.
Willem Pietersen de Groot, pltf. v/s Jacob Stofifelsen, deft Pltf. in
quality of attorney for his father in law Hend^ J. Patervaer according to
procuration dated 20*!" Oct' 1654 passed before Notaries and witnesses at
Alkmaer, demands to be informed by what authority deft arrested the
monies deposited by him in the hands of Jan J: Schepmoes. Deft says
he arrested the monies because he and Patervaer in company had pur-
chased of M' Jacob the Surgeon some goods to the amount of fl. 400, for
which they signed a note, which still remains unsettled and unpaid : And
also because he was security for Hend'k Jacobsen Patervaar for the re-
ceived prize goods. Requests, inasmuch as he has not at present his
papers to prove the same, that the case be postponed until MT Jacob
shall arrive from the South, and that the Court shall be pleased to declare
1655] Court Minutes of New Amsterdam. 361
aforesaid arrest valid. Parties being heard the Court pronounced the
said arrest valid and Jacob Stoffelsen was ordered to produce the obliga-
tion and proofs which he says he has.
Pieter Le Febre, pltf. v/s Jan Hackins, deft. In case of arrest.
Pltf. demands pa3rment of fl. 88. 5. being commission on a cargo of to-
bacco, which he disposed of for deft, and for goods he received, being 4
per cent on the proceeds. Deft, denies having employed him, or prom-
ised him a salary. Demands proof. Johan. Withart appeared in Court
and declares at the request of La Febre in presence of Hackins, that he
had heard Jan Hackins say, he would satisfy Sieur Pieter La Febre and
pay him, because he sold his tobacco and stored his goods, and he. La
Febre, was, to his knowledge whole days busy in selling the tobacco, mak-
ing a trade and receiving barter therefor, without knowing, however, how
much Hackins promised him. Parties being heard, the Court decided
and condemned Jan Hackins to pay pltf. the sum of Five and Forty
guilders for his time and trouble. Therefore the arrest was declared
valid, until pltf. shall be satisfied therefor.
Tomas Stevensen, pltf. v/s Tomas Reedt, deft. In case of arrest.
Pltf. demands payment of fl. 78. for monies disbursed ; namely, fl. 76. to
sieur Schellinger and 2 gl. to himself besides. Deft, excepts, and says :
Whereas he and the pltf. reside in the jurisdiction of Middleborgh,* he is
not responsible here ; but answers, that Thomas Stevensen with four
others being bound to pay for a church,f which he has constructed there,
he has not been able to obtain his pay to the present time. Requesting
in such case, satisfaction also. Parties being heard, the Court, (inasmuch
as they both reside within the jurisdiction of Middleborgh, and as the
said Court can arrive at a better understanding of their affairs in ques-
tion) refer the parties to their aforesaid tribunal, and accordingly declare
invalid the arrest served by the pltf. on the person of deft.
Jan Hackins appears in Court to make known, that he had 2 ankers
of wine and i pc. of linen at the house of Teunis Kraey, which were ar-
rested there by Pieter Linde, and whereas the said P. Linde has not insti-
tuted his action, as he ought to have done, nor sued out an attachment,
but allowed the same to remain, and he is now about to depart ; there-
♦ Now, Newtown, L. I.
f For an account of this church see Riker, HisU of Newtown^ Z. /., p, 40.
3^2 Court Minutes of Nen^ Amsterdam. [1655
fore he, complainant, requests, that the Conit shaO declare die ancst
invalid. The W. Coart having heaid the aforesaid request, and ms it does
not appear that anj legal proceedings have been taken on tlie isned
arrest, the same was dismissed, and petitioner was anthorized to remore
his goods. Done etc
Dirck Claesen, pltf. v/s Andries Hoi^>en, defL Fltf. ^t^— >*»*iff pay-
ment of fl. 1 20. for sold earthenware, for idiich he had pvomiscd to paj
on his return home from the North ; whereupon he manafactaied the
same. Deft, acknowledges to owe fl. i lo. and sajs he agreed to paj ac-
cording as he had sold the earthenware, a part of which is still unsold,
which he ofifers to return him. Parties being heard, Andries Hoppen is
condemned to retain the pots, which he says he has in his possession, and
therefore to paj the fl. no, which he himself acknowledges to owe,
within six weeks from date. As regard the fl. ro. difference between the
parties, Andries Hoppen was ordered to prove, that they were remitted to
him or forgiven him.
Nicolaes Boot, pltf. v/s Teunis Kraey, MT Jacob Hoges and M'
Scharborgh defts. Pltf. requests, that defts. will please to testify the truth
as witnesses in the case of the negress purchased by him. Tennis Kraey
appears in Court and declares, that he conducted towards Nicolaes Boot's
house, immediately after the sale, the negress, whom Nicolaes Boot bad
purchased, and that the said negress fell to the ground at the end of Daniel
Lttschoe's lot ; whereupon she cried Ariba. On standing up she could
not well hold her feet, and was brought lo to 12 paces farther on, when
she again fell down ; her eyes standing fixed in her head and something
white being seen in her mouth. He witness then called out, that N. Boot
might himself carry his negress home, whereupon the carpenter of the
ship, on board of which the negress had been, came forward, and N. Boot
asking him, what ailed the negress, the negress then answered — More !
More !, which the carpenter rendered into Dutch saying, the negress is
drunk ; it will soon pass away ; she is sound at heart Further, he helped
the negress a little distance unto the comer of the Palisades, whence she
was carried in a wagon to Nicolaes Boot's house. Offers to confirm the
same by oath, if necessary. Done etc. Mr. Jacob Huges appears as
above and declares, that N. Boot had requested him to come to his house
to see the negress he had purchased ; coming there about 3 and 4 o'clock
in the afternoon, when the negroes were sold at vendue, he, as a surgeon
«655] Court Minutes of New Amsterdam. 363
felt for the pulse, and there distinguishing no pulse at all ; yea, no more
than in a dead man ; he said to N. Boot's wife, that she must prepare some
sugarsops, and see if the negress would swallow some, and give her some-
thing else, when he should further prescribe. In the evening about 9
o'clock he, the witness, was again called by N. Boot's boy to see the
negress. On arriving there he found her very low. She died imme-
diately, within half an hour in their hands. Offers to confirm the same
by oath. Edward Scharborgh is ordered to put his declaration in writing.
Nicolaes Boot exhibits a written declaration from Daniel Litschoe about
the negress. And whereas the party is not present, the Court has post-
poned to the next Court day.
The Court Messenger appears in Court and states that on the 9*^
Sept' he arrested in Daniel Litschoe's name, all the goats and kids in the
possession of Richard Bulcq, which he received from Daniel Wytheyt ;
which it was ordered to note.
On 20*!* Sepf 1655, being Monday. In the City Hall, were assembled
the Hon^*' J. La Montagne and Com* Van Tienhoven, Supreme Council-
lors ; Allard Anthony and Oloff Stevensen, Burgomasters ; Johannes
Nevius, Joh. de Peyster, Jacob Strycker and Johan Vinje, Schepens.
The present dangerous condition of the times being considered at
the aforesaid meeting, it is unanimously deemed necessary that the works
of this City be again repaired. Therefore it is Resolved, that the afore-
said erected works shall be repaired with plank of 5 @ 6 feet high, nailed
to the sides of the Palisades. Secondly, the Fence viewers are commis-
sioned to contract for the said works at the smallest expense and quickest
despatch, in the presence of Hon''!' Burgomasters of this City. The Cap-
tains of the Burgher Companies of this City request, that they be furnished
with one hundred pounds of powder to be distributed among the Burghery:
Which the Hon"* Supreme Councillors promise to place in their hands,
on condition, that at the daily muster the kit be inspected and examined
so that nothing be improperly wasted. Thus done and resolved at the
aforesaid Meeting. Done as above in Amsterdam in N. Netherland.
On Saturday Afternoon, the 25^ Sept' 1655. In the City Hall.
Present — the W. Heeren Allard Anthony, Oloff Stevensen, Joh.
Nevius, Joh. d'Peyster, Jacob Strycker, and Jan Vinje.
Lambert Huybertsen Mol, pltf. v/s M' Edward Scharborgh, deft.
364 Court Minutes of New Amsterdam. [1635
Pltf. requests restitution of the scow, which he hired to Mr Scharborgh and
which was not returned. Together with the day's hire of said scow at 4
gl. per day. M. Scharborgh acknowledges to have hired the scow, but
says that he loaned the scow in these times of trouble with the Indians, to
Borger Jorissen ; and when he had used it, the inhabitants of Gamoenepaen
[Communipaw] came for it ; to whom Lambert Huybertsen Mol gave the
scow without his knowledge. This appears by the attestations of 3 dififerent
persons. He maintains, that he is not bound to make good the same to
pltf., and therefore asks to be relieved from pltfs. claim. Nicolaes Vcr-
leth appears in Court and declares that he heard others say, Lambert
Huyberts Mol had given the scow to the inhabitants of Gamoenepaen, to
convey their cattle over therein. But whilst he understood, those who
accompanied the Boors from here did not wish to pay more than a share
for their cattle, the aforesaid Mol said — that he ought to have half for his
share of the scow, yet he wanted nothing for it, as he was giving it to them
through love. Lambert Huybertsen Mol acknowledges the above declara-
tion in Court, but it was said, that the scow should be returned in the
evening, because he required it for his own use the same day. Parties
and witnesses being heard, the Court of this City has acquitted MT Edward
Scharborgh of the demand of Lambert Huyberts, as far as the claim for
the restitution of the scow is concerned. But M^ Scharborgh was con-
demned to pay the hire of the scow as long as he had or used the same :
saving the action of Lambert Huyberts Moll against those to whom, he
acknowledges and it appears, he has given his scow. Regarding the
costs of this extraordinary session, the Court, for reason, have made no
charge. Thus done and ordered this 25 Septf 1655, ^° ^^c Court
aforesaid.
On the 28^ Sept' 1655 At the house of Oloff Stevensen. Present —
the Heeren Allard Anthony and Oloff Stevensen Burgomasters.
Whereas Jan d' Visser is deceased, Johannes Verbrugge and Joh.
Withart as co-factors of the partners of deceased have therefore requested
by petition to the Burgomasters of this City, that curators may be ap-
pointed to arrange the estate and property of the deceased. Whereon was
endorsed : — The Schepen Johannes Verbrugge and Johannes Withart are
hereby authorized to settle the estate and effects of the deceased Johan de
1654] Court Minutes of New Amsterdam. 365
Visser to the best advantage of those interested ; on condition, that they
be held to give due account and reliqua of their administration. Done as
above at the Court aforesi
To the present Ordinary and Adjoined Extraordinary Councillors
(in the absence of the General and the First Councillor) of New Nether-
land.
The Burgomasters of this City of Amsterdam in New Netherland
reverently shew, how that in this conjuncture, with your Honors' know-
ledge and at the request of the commonalty for the greater safety and
security of the same the outer works have been furnished with a curtain
of planks against an assault of the barbarous Indians, who on the night
of the 15^ instant unexpectedly fell upon us with murder, robbery and
fire. Which aforesaid work being now finished, and the expenses as well
for labour as materials are to be paid ; We presume, under correction,
that the said payment must be advanced by the commonalty of this City,
as being for their protection disbursed. We request your Honors to
authorize us in our quality, to raise the expenses of the aforesaid work
already executed and still to be performed, from and out of the common-
alty, and that each one shall contribute, according to his circumstances
and condition. The sum is at present estimated about Four thousand
guilders. Expecting your order hereupon, was signed
Allard Anthony, Oloff Stevensen.
The representation of the Burgomasters being read and considered,
it was resolved, that the request is just. But as the same concerns the
whole commonalty, it was decided for the greater peace and the mainte-
nance of unity, that before authority be granted, saving the respect due to
the Burgomasters, that their Worships shall communicate the request to
the Schepens of this City, and the same being also signed by their Wor-
ships or the majority of them, further consideration shall be taken on the
return of the General, who is daily expected. Meanwhile the Burgomas-
ters can perform their duty and satisfy the laborers. Thus done and
endorsed by the Actual Councillors, Ordinary and Extraordinary in Fort
Amsterdam in N. Netherland the 30* Sept' 1655.
Under Stood
By order of the Councillors of New Netherland
(Signed) Comelis Van Ruyven, Sec.
366 Court Minutes of New Amsterdam. [1655
Copy.
Whereas it has been deemed good and necessary, at various times
and occasions, at the request and resolution of the majority of the Burgh-
ery of this City of Amsterdam in New Netherlands for the greater con-
tentment and security of the Burghery, their houses and property, also for
the better protection and safety of the property and merchandize trans-
ported hither by individual skippers, merchants, factors and other pas-
sengers, to provide this City with some outer works which, in this last
unexpected rencontre with the native Indians of this country, it has been
considered expedient to repair and to strengthen with a plank curtain, 5
@ 6 feet high, in order to be better secured against an attack and escal-
ade by the aforesaid Indians, as it appears by the resolve of the 20^ Sept'
last, adopted for this purpose at the City Hall of this City. Therefore, as
well formerly as now again, some monies have been raised and disbursed
by divers honorable merchants, which, according to all well regulated
cities and places, it is usual to have supplied and ought to be furnished
by the Burghery, inhabitants and traders of such places : the Director
General and Council of New Netherland having examined and seriously
considered the written representation of the Burgomasters of this City
exhibited at divers times, have for the supply of the incurred and still
necessary expenses on this City's public works consented in the presence
of all the Schepens, as they do hereby consent, that the aforesaid Burgo-
masters at the suggestion of the Hon**** General Petnis Stuyvesant shall
first and foremost have power to ask from the trading skippers, merchants,
factors, passengers and from the Common Burghery a voluntary subscription
and contribution, each according to his condition, state and circumstances.
And in case of opposition or refusal by disaffected or evil minded, which the
Director General and Council do not expect, the aforesaid Burgomasters
with the President of the Schepens are authorized at the instance of the
Director General to assess such and according to the state and condition
of the same to exact a reasonable contribution, and promptly to levy exe-
cution for the same. Further, the above mentioned Burgomasters and
President of the Schepens, present and future, are hereby authorized, for
the further supplement and necessary repairs as well of this City's works.
City Hall, and other necessary expenses, at the suggestion and on the res-
olution of the Director General, to create, at a more convenient season.
1^55] Court Minutes of New Amsterdam. 367
and impose some reasonable and necessary charges on the lots, houses and
real estate according to the order and custom of Fatherland. Thus done
at the Meeting of the Director General and Council of New Netherland
at the instance and in the presence of the Burgomasters and Schepens,
except Joh. Pieters. Verbrugge. Ady ii'J* Octob. 1655. At the Council
Chamber in Fort Amsterdam in New Netherland, was Undersigned,
P. Stuyvesant.
Under Stood : By order of the D' Gen'l and Supreme Council
Signed, Comelis van Ruyven, Secretary.
Monday afternoon the ii*?* Oct' 1655. In the City Hall.
Present — the Honble Petrus Stuyvesant, Director General ; Allard
Anthony and Oloff Stevensen, Burgomasters ; Joh : Nevius, Joh. d Pey-
ster, Jacob Strycker, and Jan Vigne, Schepens.
The Honble. General exhibits the resolution adopted in the forenoon
at the meeting in Fort Amsterdam, and caused further the following per-
sons to be summoned by the Court Messenger ; who came forward for the
voluntary contribution and taxation according to said Resolution
The Honble Lord Petrus Stuyvesant offers for his share
fl. 50. above the most being fl. 150. —
Heer Comelis van Tienhoven offers 100. —
Allard Anthony 100. —
Oloff Stevensen 100. —
Joh. Nevius 50. —
Joh. d' Peyster 50. —
Jacob Strycker 30. —
Jan Vinge 30. —
Jacob Kip, Secretary 20. —
Capt Martin Krygier taxed at 50. —
Capt Paul Leenderts vandie Grift 60. —
Dom* Megapolensis, voluntary 50. —
Item Samuel Drisius, item 50. —
Comelis van Ruyven, Secretary 30. —
Lieut Pieter Wolferts van Couwenhoven, voluntary. . . 100. —
** Daniel Litschoe 50. —
368 Court Minutes of New Amsterdam. [1655
Ensign John P' Verbrugge offers with others ; re- )
100. —
}
quests to be assessed. Taxed at
" Comelis Steenwyck, Item loo. —
Joost van Beeck taxed at 50. —
Skipper Jan J. Bestevaer and Brother ; voluntary. . . .fl. 150. —
Govert Lookermans,
Pieter Corns van Veen,
Pieter Jacobs. Buys,
Jacobus Backer,
Rynier Rycken,
Abram Nichels
100. —
are willing ; request 60. —
to be assessed. Therefore So, —
are taxed each at 100. —
60.—
70.—
Further a certain list was made and handed to the
Court Messenger to cause the persons mentioned
therein to appear at the City Hall at 8 o'clock in
the morning. Adjourned.
Continuation.
On Tuesday Morning 12 Oct' 1655. In the City Hall.
Present the Honble General Petrus Stuyvesant, Allard Anthony, Oloff
Stevensen, and Jacob Strycker.
Abram de la Nooy offers, but is taxed 40. —
Pieter Schabanck taxed at 25. —
Elbert Elbertsen item 25. —
Reyer Stoffelsen voluntary 25. —
Hend'k Jansen vaft Vin taxed at 60. —
Jacob Moesman item 60. —
Dirck Claesen Boot vol 20 fl. taxed at 25. —
Jacob Onnosel item 30. —
Isaac Mense, besides another voluntary 30. —
Pieter Rudolphus 36. —
Daniel Verveele, on condition that so much shall be
allowed him in like case at Fort Orange, at 24. —
Comelis Martense Factor, vol'; 50. taxed at 40. —
^ Abram Goosen Item 10. —
Arent Kerckhoff Item 40. —
Robbert Vastrick, on condition as above Fort Orange 40. —
i6ss] Court Minutes of New Amsterdam. 369
Jeremias Van Rensselaer vol^ fl. 20 taxed at 30. —
Jan de Yonge voluntary 25. —
Fredrick Warnaersen vol. fl. 25. taxed at 30. —
Lourens Heyn taxed at 36. —
Nicolaes Staelboeck item 18. —
Gerret Bancker free fl. 10. item 20. —
Com* de Bruyn free 10 item 25. —
Nicolaes Boodt free 25. —
Alexander d* Inyossa " 25. —
Johan Withart taxed at 50. —
Adriaen Bloemmart voluntary 30. taxed at 36- —
Nicolaes Beverlodt " 18. " " 30.—
Cornelis Schut " 50. ** " loc—
Teunis P'tsen Tempel " 10. " " 15.—
Nicolaes (de Meyer)
van Holsteyn " 25. " " 30. —
Marcus Vogelsangh " 24. " ** 40 —
Cornells van der Schel Absent taxed at 30. —
Paulus Schrick Absent taxed at 20 —
M' Gysbert van Imbroeck Absent ; taxed at 25. —
Syroon Jansen dwelling at Clyn Aerts Item 10. —
Barent van Marrel, alias " Vlackebossie " Item 25. —
Pieter d' Maker ; says he paid fl. 20 at Fort Orange
for the ransom of the prisoners. He is, on that
account, exempt.
Jan Jansen van Schorel on ** the Speckled Caw " taxed 30. —
Fredrick Gysbertsen taxed at 30. —
Jacobus Crap voluntary fl. 6. taxed 10. —
Pieter Tonneman voluntary 10. —
the Skipper of the Speckled Caw^ Ptr Emilius absent
taxed 150. —
the Skipper of the N, Amsterdam^ Ptr d'Waterhout
absent taxed as laden, has to pay 150. —
the Skipper of the White Horse absent, taxed 150. —
Over. fl. 3575.-
Further a list is made out for tomorrow and adjourned.
VOL. I — a4
370 Court Minutes of New Amsterdam. [1655
In the afternoon of the 12 Oct. 1655. In the City Hall.
Present the Hon"* Petrus Stuyvesant, Allard Antony,
Olofif Stevensen and Joh. Nevius.
Bro't from the other side fl. 3575. —
Juriaen Blanck voluntary fl. 30. fixed at 20. —
Claes Carstensen Noorman 10. —
Isaac Kip, voluntary 20. —
Andries d' Haes " 20. —
Tomas Fredericksen taxed at 6. —
Jan Gerritsen, Mason taxed at 6. —
Andries Hoppen promises to furnish two cargoes of
stone for the City Hall.
Tomas Larabertsen, voluntary 20. —
Guert Coerten to give work on the City defences 10. —
Jacob Boheem, exempt.
Maryn Luyckesen voluntary 12. —
Claes Bordingh voluntary fl. 16. taxed @ 20. —
Jan the Cooper " ** 20. taxed 25. —
Pieter van Naerden, voluntary 12. —
Lodewyck Pos " 15. —
Jan Paulusen Jacquet " 20. —
Jan Dircksen's wife " 20. —
Jan Peck " 20. —
Fredrick Hendricksen " 10. —
Rynhout Rynhoutsen " 15. —
Pieter Jacobsen Marius " and taxed at 20. —
Pieter Comelissen at Skipper Juriaens vol 20 —
Adriaen Woutersen, exempt.
Abram Pietersen, Miller, voluntary 6. —
Andries Jochemsen " fl. 6. taxed @ 10. —
Michel Poulisen's wife " and taxed 15. —
Egbert van Borsuro " and taxed 30. —
Hage Bruynsen 3 days at the City works.
Hendrick Hendricksen, Tailor taxed and vol 12. —
Roelof the Mason, voluntary 10. —
Jan Peerie, voluntary, 10. —
i6ss] Court Minutes of New Amsterdam. 37 1
Jacob Veets voluntary, 6. —
Reyndert Pietersen voluntary fl 12. taxed at 20. —
Claes Tysen, Cooper voluntary fl 10. taxed 12. —
Francis Claesen, Pilot voluntary 6. —
Coenraet Ten Eyck " 20. —
Isaak Foreest voluntary and his negro i @ 2 days .... 20. —
Abram Clock " 15. —
Dirck van Schelluyne voluntary 12. —
Aldart Coninck voluntary fl 12 taxed 15. —
Auke Jansen being aged, offers i @ 2 days work for
the City.
Sybran Jansen Galma voluntary 10. —
Willem Brouwer was excused
Hage Volckertsen, voluntary fl 6. taxed 10. —
Hans Steyn voluntary 15. —
Willem Pietersen d'Groot absent taxed at 15. —
Jan Gerritsen Brouwer voluntary 12. —
Albert Jansen, absent ; taxed 15. —
Claes van Elslandt absent ; taxed 15. —
Michel Tadens absent taxed at 18. —
Wamaer Wessels " " 25. —
Solomon Pietersen d Laschar absent, taxed 10. —
Comelis Jansen Clopper absent ; taxed 15. —
Myndert the Cooper absent " 10. —
Claes Jans? de Ruyter and Harmen Douwesen absent ;
taxed at 15. —
Lourens d'Drayer absent ; taxed at 15. —
Abram la Cuia is voluntarily taxed at 100. —
Joseph de Coster Item 100. —
David Frerie Item 100. —
V Salvader Dandrado Item 100. —
Jacob Cawyn Item 100. —
Jacob Barstinsen voluntary 6. —
Assar Leevens Item 6. —
372 Court Minutes of New Amsterdam. [1655
On Wednesday, the 13. Orf In the City Hall.
Present the Hon : Petrus Stuyvesant, AUard Antony and
Olofif Stevens?, Burgomasters.
Abram Verplanck, voluntary 20. —
M- Hans Kierstede " 20. —
Adolf Pietersen " 12. —
Gerrit Fullewer " 15.—
Fredrick Flipsen " 20. —
Borger Jorissen " in work 20. —
Egbert Woutersen " above his carting 20. —
Jacob Steendam " 25. —
Hendrick Willemsen, Baker, voluntary 25. —
M' Jacob Huges, Surgeon, voluntary 8. —
Willem Beeckman requests to be excused.
Joost Teunissen, Baker, voluntary 25. —
Carel van Brugge, Commissary, voluntary, 36. —
Joh: Nevius and Joh: Vinge, Present :
Teunis Kraey voluntary 20. —
Pieter Kock " taxed at 20. —
Jan Geraerdy " 20. —
Rendel Huwit ** 10. —
Jan Jansen Schepmoes ** 20. —
Adriaen van Tienhoven " 25. —
Adriaen Keyser " 15. —
Evert Duycking " 15. —
Jan Hendricks, Carpenter 10. —
Abram Jacobsen voluntary 12. —
Jan Reyyersen, Carpenter " .... 6. —
Jan Adriansen, Ship Carpenter taxed 16. —
Pieter Harmensen, exempt
Casper Steynmets voluntary 10. —
Allert Trompetter's Wife " 10.—
Over, fl 5182.
i^ssl Court Minutes of New Amsterdam. 373
a. 5182
Sybout Claesen, Carpenter, voluntary 20. —
Adriaen Vincent, voluntary fl 10. taxed 12. —
Teunis the Mason's wife vol. 5. taxed 6. —
Tomas Hall, voluntary, 25. —
Gabriel Barentsen d'Haes, vol. 6. taxed at 10. —
Resolveert Waldron, exempt
Jochem Beekman fl 6., taxed at 10. —
Claes Poulisen, voluntary 10. —
Claes Pietersen, Smith, " one Beaver 8. —
M' Isaac AUerton ** 60. —
Arent Kalckbuys, carpenter " 3 days labor.
Jan Jansen van Ham, voluntary, 6. —
Gerrit Jansen Roos, carpenter, " 4 days labor.
Harmen Sybrantsen, exempt
Joost Gooderisen voluntary 4. —
Jan Comelis" Clyn and Solomon Abels, both 25. —
Jan Schryver voluntary 12. —
Symon Felle " 12. —
Jan Rutgersen " 6. —
Arent Isaacksen " 6. —
Cornelis van Lanckvelt " i Beaver 8. —
Ryndert Jansen van Hoom in the speckled cow vol. 8.
taxed at 12. —
Hendrick van Dyck voluntary 30. —
Samuel Edsal voluntary, one Beaver 8. —
Francis Jansen van Hoochten vol. 12., taxed at 20. —
Claes Hendrick in the Negro's Ship, exempt
Lourens Jansen voluntary 12. —
Barent Meyndertsen " 6 6. —
Jan Jansen van S^ Obyn " 10. taxed 12. —
The Marshal of the Burghery voluntary 1 2. —
On Friday morning the 15 Oct' 1655. In the City Hall
were assembled the Hon**'" Petrus Stuyvesant, (D' Gen'l) AUard
Anthony and Oloflf Stevensen, Burgomasters ; Joh: Nevius,
Schepen.
374 Court Minutes of New Amsterdam. [1655
Mr. Thomas Willett voluDtary 60. —
Whereas the following persons being summoned remain
absent they are therefore taxed as follows : —
Mattys Capito 15. —
Hendrick Pieter Kint in 7 water 6 days carting.
David Wessels 10. —
Thomas Marshall exempt.
Hendrick van Bommel 6. —
Jacob Clomp shall pay above ; ergo free here.
Pieter Jansen 6. —
Lambert Huybertsen Moll 15. —
Andries vander Sluys taxed at 10. —
Pieter Stoutenborgh 12. —
Dirck Holgersen, Noorman 10.—
Claes Tysen, Bercquier (Boatman) 10. —
Reynder de Vries, Bercquier " 12. —
Arent Willemsen, Brouwer 20. —
Andries Andriesen at J. V. Couwenhoven 6. —
Aryaen Symonsen, Bercquier one Beaver 8. —
Luycan Andriessen, one Beaver 8. —
Claes de Jongh 20. —
Dirck Claes Cuey and Brother 40. —
Hendrick Hendricksen, Drummer 10. —
Mr. Jacob Hendrick Varvanger 30. —
Jacob Leendertsen van Grift 10. —
Jacob van Couwenhoven, voluntary 100. —
Hendrick Kip 25. —
Skipper Willem Tomassen for his house 25. —
Sander Leendertsen Item 25. —
Willem Teller for his house 25. —
Arent van Corlaer Item 25. —
Albert de Noorman Item 20. —
Pieter Hartis Item 25. —
Flip Pietersen Item 25. —
Rut Jacobsen Item 25. —
Cristiaen Barentsen voluntary 15. —
^^ss] Court Minutes of New Amsterdam. 375
Andries Claessen, Exempt
Lourens Lourensen voluntary 12. —
Arent Lourensen voluntary, to pay in labor 6. —
fl. 6305.—
Michel Jansen requests in Court decree of execution of the judg-
ment dated 29 Sept' 1655. of the Court against Jacob van Couwenhoven
being for fl. 70. Endorsed : — The Bailiff is hereby authorized to duly
execute the aforesaid sentence according to the request of the pltf. deliv-
ered in Court.
Comelis Janssen Cloppenborgh who has heretofore lived here ; and
lately was driven from Brazil, requests by petition to be allowed to tap,
to do and pay like others. Endorsement. Petitioner's request is granted.
The \^ Oct! 1655. In Court.
On Monday the i8*^ Octob. 1655. In the City Hall.
Present — the Worshipful Heeren Comelis van Tienhoven, Allard
Anthony, Oloff Stevensen, Joh. Nevius, Joh. d' Peyster, Joh. Verbrugge,
Jacob Strycker, and Jan Vinge.
Allard Anthony, pltf. v/s Thomas Hall, deft. Pltf. demands, per
settlement of a/c, payment of fl. 163 in good tobacco or beavers, with
costs. Deft, acknowledges the receipt of the goods, but owes no beav-
ers ; says, pltf. accepted in 1652 the debt of Thomas Baxter, when he lay
in jail, in payment, being for the sum of fl. 34. 12. Pltf. denies the ac-
ceptance of the above debt or sum on Baxter in payment. And as Allard
Anthony appeals to Paulus Leendertsen, and Thomas Hall to M! Willett
the Court have therefore referred the parties to the same, if possible to
settle their affair, or otherwise to communicate their opinion in writing to
the Court.
Thomas Hall, pltf. v/s Allard Anthony, deft., demands payment of
a certain note. Deft, requests, that the note remain in the hands of the
Court, until his former demand be disposed of. The Court decided, that
the obligation and account shall remain at the Secretary's, until the afore-
said matter be disposed of.
Johannes Pt' Verbrugge, pltf. v/s Adriaen Keyser, deft. Deft, in
default.
376 Court Minutes of New Amsterdam. [1655
David Freree, pltf. v/s Pieter Dircksen Waterhout, deft. Pltf. re-
quests delivery of 40 ankers of distilled waters, which were laden in his
ship and deft, was bound to deliver according to bill of lading. Deft
acknowledges the same to be his bill of lading and says, the ankers were
delivered out of the ship to the public store ; but that Adriaen Blommaert
removed some ankers in the ship here in port. Whereupon the question
occurs, whose ankers they are. The Court condemns the skipper, Pieter
Dircksen to fulfill his bill of lading.
Pieter Dircksen Waterhout, pltf. v/s Adriaen Blommaert, deft., says^
deft, removed certain ankers of wine in his ship here in port, and as there
is considerable trouble about them, requests, that Blommaert shall answer
for the same, as he removed the ankers from the store. Deft. Adriaen
Blommaert consented to hand in his answer in writing, which he did at
the adjournment of the Court. The case was, therefore, adjourned to the
next Court day.
Pieter Dircksen Waterhout, pltf. v/s His Pilot and Supercargo, defts.
About the evidence of the truth in the matter of removing some ankers
of wine by Blommaert in the ship. The Court orders, that the pltf. cause
the declaration of the aforesaid witnesses to be made before the Secretary
or Notary, and then produce the same.
The Heer Tienhoven departs.
David Frere, pltf. v/s Adriaen Keyser, deft. Deft, in default.
Pieter La Febre, pltf. v/s Mr. Isaack Allerton, deft. Pltf. exhibits^
pursuant to order of the Court of 13* Sept' last, the a/c between him and
M' Alexander Bryn, whereby a ballance of fl. 316.1. belongs to him. Re-
quests, that M' Allerton, as security for the boat of Alexf Bryn, be con-
demned to pay him. Deft, acknowledges, to have been security for the
boat of Mr Bryn, and not to have any thing against the a/c. Demands
only, that in the judgment he may be allowed his recourse against MT
Bryn. The Court condemns Mr Allerton as bail for Mr Bryn to pay, ac-
cording to aforesaid a/c, the balance of fl. 316. i, saving his recourse
against M' Bryn.
Skipper Pieter Emilius, pltf. v/s Solomon Abelsen, deft. Deft, in
default. Pltf. demands, as he is on the eve of leaving, and fl. 18. belongs
to him from deft, for freight and average of goods brought and de-
livered to him here, that he be condemned to satisfy him or to enter bail.
1^55] Court Minutes of New Amsterdam. 377
Inasmuch as the deft, is a Burgher here, the Court decreed only a
default.
Rutger Jansen, pltf. v/s Pieter Jansen, his father in law. Pltf.
demands, by settlement and closing of a/cs, payment of fl. 47. according
to handwriting and agreement dated i'.^ June 1655, wherein he is bound to
pay at the earliest moment. Deft, acknowledges the debt, requests delay
and promises to pay as soon as possible. Parties being heard, they were
ordered to agree together as friends, and that deft, shall pay, by the first
opportunity, according to handwriting ; and Joh : Verbrugge promises to
give pltf. for the deft., fl. 10. in deduction [of the debt.]
The wife of Aryan Huybertsen, pltf. v/s The wife of Michel Tadens,
deft. In a matter of insults. Deft, in default. Pltf. ordered to summon
again, and prove her statement.
Jorsey Rapalje, pltf. v/s Hend'k Hendricksen, Drummer, deft. Pl^f.
states that deft, had leased his house, which he gave up and when he was
on board he was arrested ; whereupon, returning on shore, he again took
forcible possession of the premises. Requests, that he be condemned
to quit the house. Deft. Hendrick the Drummer, says that he did not
give up the house ; but that he said, if it happened, that he wanted the
house whilst he was away, and he did not 'occupy it, he might enter on it ;
but as he intended to return within 2 months, he agreed that the house
should be his again. He undertook to prove the same, which was allowed
him, and time was granted until the next Court day.
Joost Teunissen. pltf. v/s Francois Fyn, deft. Pltf. requests, that
deft be condemned to let him send for certain thousand parcels of fire-
wood, which lie on def t's island * and which he bought from him ; and a&
he sent people there and the wood was refused with threats, he requests
also satisfaction for incurred expenses. Deft, says, he sold firewood to
pltf., but that he was to pay for no more firewood than he should remove.
Denies expressly, that he made a contract for any quantity ; and further
says, pltf. assaulted him ; dragged him by the hair, took hold of his gun,
drew his rapier and said— Stand off from me. Parties being heard, the
Court ordered, that pltf. shall prove by next Court day, how much wood
he purchased.
* Now BUckweirs Island.
378 Court Minutes of New Amsterdam- [1655
Jan Rutgersen, pltf. v/s Jan Hadduwe, deft In case of arrest. Both
in default.
Gerrit Gerritsen van Deventer, pltf. v/s Joris Stevensen, deft Jan
Comelissen appearing for the pltf. demands payment of fl. 1 2. for wages
earned a year ago thrashing. Deft, acknowledges to owe fl. 12. and as he
had to flee, he promises to pay him as soon as he can possibly thrash his
grain on his farm. The Court condemned deft to pay plft within 14
days, if he can in any way thrash the grain on his farm.
Govert Loockermans, pltf. v/s Daniel Withedt, deft In case of arrest
Deft, in default. The arrest was declared valid on demand of the pltf., in
consequence of the contempt
Comelis van Lanckveldt, pltf. v/s Hend'k Gillisen Wageman, deft
Pltf. demands, as before, payment of fl. 32. Deft acknowledges only fl. 6.,
which he owes for one pair of buskins, and that the gold ring was given
for I pc. of cloth, which he received ; and if he could deliver him suffi-
cient cloth for a garment, he should still owe him one beaver and a half.
And as he has not received it and says the former was only a barter,
that he owes only fl. 6. for buskins. Pltf. denies the same. Demands,
that deft, shall prove the same, or declare it under Oath. He will then
be content. He offers to swear that fl. 22 are still due him. Deft offers
to confirm under oath, what he has already stated, and says he will pay, if
pltf. will take his oath to what he asserts. The Court having heard the
offers of both sides, refer the same to Isaack Kip and Jan Geraerdy as
arbitrators to make the parties agree.
Pieter Dircksen who succeeded as Skipper to the little ship the fVAiie
Horse ^ pltf. v/s Oloff Stevensen, deft. Pltf. demands payment of fl. 13.4
balance of a negro. Deft says, he has paid dec^ Skipper Myndert Lou-
rensen, with 3 pieces of Eight and the expenses on 4 tubs of Tobacco fl.
4.4. Pltf. demands, that deft, shall prove or declare such before the Court
Deft, declares in Court, that he paid the Skipper Myndert Lourisen as
already stated, and has settled with him. Wherefore he was acquitted of
further demand.
Idem, pltf. v/s Alexander d' Inoyossa, deft. Pltf. demands payment
of 12^ Beavers balance of the purchase of a negress. Deft says, he paid
the late Skipper Myndert Lourissen the aforesaid 12} Beavers with 6 whole
and 13 half Beavers. Pltf. demands, that deft shall prove or declare the
i^ssl Court Minutes of New Amsterdam. 379
same before the Court Deft, declares by ofifer of oath, that he paid, as
before stated, and that the Serjeant's wife was present at the payment and
that Nicolaes Staelboeck has also knowledge thereof. Parties being heard,
deft, was discharged from further demand and claim.
The same pltf. v/s Sieur Augustine Harmensen deft. Pltf . demands
payment of fl. 33. Deft, declares, that he has paid dec? Skipper Myndert
Lourensenin presence of Skipper Lourens Corn's van Wei and Sieur
Paulus Schrick, who, if needs be, will declare the same. Parties being
heard, deft, was absolved from further demand. Pltf. further demands
that he, Augustyn, shall be condemned to enter sufficient security for
the note of fl. 840. passed for the purchase of negroes, as he under-
stands, that Augustyn Heermans intends to depart for Virginia. Deft,
maintains as he is a Burgher here, and has more real estate, than it amounts
to, which is remaining here as sufficient security, that he is not bound to
give bail, the rather as the time of the obligation is not expired. The
Court decided as Sieur Augustyn Heermans is a Burgher here and is a
resident, that he is not bound to give security as the period of the obliga^
tion has not expired. Concerning a certain hogshead of tobacco in dis-
pute, it was decided that as Sieur Augustyn Heermans has proved by the
declaration of 3 credible witnesses, that skipper Myndert Lourensen dec? has
received the same in payment, the same shall be valid payment. Done etc.
Claes Bordingh, pltf. v/s Jacob Wolfertsen, deft. Deft, in default.
Claes Bordingh, pltf. v/s Pieter Wolfertsen, deft. Pltf. says 6 hogs-
heads of tobacco were received from deft, for himself and Nicolaes Boot.
As about 418 lbs. nett of one hhd. were spoiled in lying 2 @ 3 months, he
demands a deduction of i| stiv. per lb., as he was obliged to sell it fQr so
much less, being fl. 31.17. Deft, says, he delivered the tobacco to pltf.
good and sound, and that the tubs were all inspected by Nicolaes Boot
and Pieter La Febre and removed, sold and delivered without his know-
ledge. Maintains that he owes nothing. Parties being heard, the Court
dismisses pltf's preceding demand in this case, as the tub was accepted,
and the sale and delivery unknown to him absolves deft.
Jochem Kock, pltf. v/s Harman Douwesen, deft., demands payment
of balance of fl. 43.8. for manufactured goods. Deft, acknowledges to
owe for himself only fl. 19. and exhibits by handwriting, of Claes Jansen
Ruyter, that he must receive the same from him. Harman Douwesen is
380 Court Minutes of New Amsterdam. [1655
condemned by the Court to pay the fl. 19. which he acknowledges to owe.
Regarding the remainder, pltf. may make out an a/c. And Claes Jansen
shall pay him according to his handwriting.
On the proposal of the President, whether they should answer the
last letter rec*! from the Hon"* Lords Directors or not, the Question being
put, It was Resolved to write to the Hon"* Directors.
To the Hon"* Director General and Supreme Councillors of N. Nethei^
We the undersigned, in our quality as Burgomasters of the City of
Amsterdam in New Netherland, communicate with all respect : —
Whereas we find by daily experience and petitions presented unto us,
that there are at present, here in this City, widows and orphans, for whom
we deem it necessary, that proper provision be made in order, that they
and their property and effects may be properly employed and adminis-
tered ; We, therefore, request, according to our instructions, that your
Honors would be pleased to commission (according to the custom of our
Fatherland) certain persons, who might attend, as Orphan Masters, to that
duty ; in which case we shall transmit to you a double number, to select
and commission a single number therefrom. Awaiting hereupon your
L'dships' favorable disposition, we remain.
Under Stood : — ^Your Honors' Subjects, The Burgomasters of the
City of Amsterdam, Signed, Allard Antony, Oloff Stevensen.
Ady the 18 Oct. 1655. Amsterdam in N. Netherland.
They nominate Pieter Wolfertsen, Hendrick Hendricks Kip, Keter
Com*, van Veen, Jacob Steendam.
By the Director General and Council were selected and commissioned
from the aforesaid as Overseers of Orphans Pieter Wolfertsen van Cou-
wenhoven and Pieter Con" vander Veen, to take charge, in the aforesaid
office of the Estate of the widows and orphans in communication with
and after instructions from the Burgomasters. Done at the Assembly of
the Director General and Council of N. Netherland this 19 day 8bcr. 1655.
was signed P. Stuyvesant. Under Stood : — By order of the Director
General and Supreme Council ; Signed, Comelis van Ruyven Secretary.
Extraordinary Session holden at the City Hall, Wednesday the 2o*^
Oct' 1655.
Present — the W. Heeren Comelis van Tienhoven, Allard Anthony^
i6s5] Court Minutes of New Amsterdam. 381
Oloff Stevensen, Job. Nevius, Job. Verbrugge, Jacob Strycker, and Jan
Vinje.
Mr. Robert Tielman, pltf. v/s Capt. Jan Jacobs, deft. Pltf. says, tbat
he had some difiference of a/c with Capt. Jacob, in respect to which arbitra-
tors were mutually chosen, who found that he, pltf. is indebted £$2. 13s.
5d., which he must pay here, and that Capt. Jan Jacobsen owes him
1092 lbs. good Virginia leaf tobacco, as appears by decision of said arbi-
trators, Requests, therefore, that Capt. Jan Jacobsz, be condemned to pay
here the said tobacco as he has paid the ^^32. 13s. 5d. Deft, says, he did
not oblige pltf. to pay here the ^^32. 13s. sd., but merely demanded bail,
which pltf. would not, or could not give. Acknowledges to have received
the aforesaid payment here ; does not deny that he owes the 1092 lbs of
tobacco, but says he must deliver it in Virginia, whereof he has given an
acknowledgment. Pltf. M' Taelman replies : Acknowledges to be con-
tent to receive the tobacco in Virginia, on condition, that he be informed
of the house, from which he is to receive it. The deft, in answer, offers
to pay pltf. here at the price at which the tobacco is sold in Virginia or to
give pertinent information, where it shall be received ; and to enter suffi-
cient bail here, that in default of payment he may have redress. The
Court having heard and examined the question between the parties, as
well as the witnesses produced and sworn by the respective parties, have
on mature deliberation decided, that Capt. Jan Jacobsen shall pay the
aforesaid 1092 lbs tobacco in Virginia and point out expressly the person
and house, where it is to be received. In the meanwhile he shall enter
sufficient bail here to the behoof of pltf., that in case the tobacco was
not paid there according to order, he might have his recourse against
him. Done as above at the Court in the City Hall, Amsterdam, in N.
Netherland.
Catalyntie Verbeeck wife of Aryaen Woutersen, pltf. against Barentie,
Gerrit FuUewers' wife, deft., complains that deft, has insulted her and
said that she stole from her a certain gold ring or hoop, which she sold
to Hans Stein's wife ; and whilst they were in altercation the Officer came
and took the ring into his safekeeping. Requests, that deft, prove, that
she, pltf., stole the ring, or in default, resjtore her the ring and be con-
demned as to justice shall appertain. Deft. Beerentie, answers in writing
and exhibits certain affidavits ; persists and says still that the ring in ques-
382 Court Minutes of New Amsterdam. [1655
tion is hers. The Officer produces in Court the ring in question, which
he had in safekeeping, whereupon parties being heard, each declares in
particular that it is the same ring. Further divers witnesses were heard,
at the request of both parties, by the Court, relative to the ring, and ex-
amined according to the declaration. And whereas it is a serious matter,
the Court has, after opinions were given, deferred the case till next Meet-
ing and ordered that the ring in question be correctly weighed.
Saturday 23. Oct? 1655.
Extraordinary Meeting held in the City Hall. Present the W. Heeren
AUard Anthony, Oloff Stevensen, Johannes Nevius, Joh. de Peyster, Jacob
Strycker, and Jan Vinge.
Johannes La Montagne, Junior, pltf. v/s Adriaen Blomart, deft Pltf.
demands fulfillment of a certain bill of lading by the deft, as skipper of
the ship New Amsterdam^ being for a balance of 1500 lbs. of codfish, which
is coming to him ; and as he is about to depart and is unable to obtain, to
this time, his fish or pa3rment therefor, which has obliged him to incur the
costs of this extraordinary Court, etc., requests that deft, be condemned
to the pa3rment of these costs. Deft, says, that the fish was by order of
the Fiscal and with the consent of pltf. handed over to the Company's
use, and that pltf. must apply for his payment there. Pltf. replying
denies having ever consented ; demands proof, or otherwise fulfillment of
his bill of lading with the costs hereof ; as before. Deft, responds : says
he cannot produce any proof thereof except his own declaration. Parties
being heard de novo^ Montagne says that the 375 lbs of codfish, which
were first delivered, he accepted in payment of freight at 2 beavers the
hundred : and for the balance of 11 25 lbs they agreed on 2 J beavers the
100. A. Blomroart acknowledges, that they had agreed at 20 gl. the 100
in beavers, but maintains, that the Company, and not he, is bound to pay
pltf. Burgomasters and Schepens of City of Amsterdam in N. Nether-
land having heard parties on both sides, by plurality of votes condemn the
deft. Adriaen Blommart, as they hereby do, to fulfill his bill of lading, and
in accordance therewith to pay pltf.. La Montagne, the balance of 1500 lbs
of codfish : to wit, the 375 lbs, which with the pltf's consent he delivered
to the Company to meet the freight at 2 beavers the hundred and the
remaining 11 25 lbs at twenty guilders and all that in beavers forthwith,
i6ss] Court Minutes of New Amsterdam. 383
without delay ; and in addition to pay the costs incurred herein. Done,
as above^ in the Court aforesaid.
Votes:
The H' AUard decides that Ad* Blommart be held to pay Montague
375 lbs @ 2 beavers and 1125 lbs at 2| beavers and in addition the costs
incurred herein.
The Heer Oloff decides : — The same.
The Heer Joh. Nevius decides, that Blommart is held as above pro-
posed to pay the codfish, but no costs.
The Heer J. de Peyster decides as the H' Allard.
" " Jacob Strycker " " the same.
" " Jan Vinge *' " the same.
Allard Antony, pltf. v/s Jan Willemsen Iselsteyn, deft., demands on
a note of fi. 350
OD which was paid on 10 June 181. 12.8
a balance of fl. 168. 7. 8.
and that in good pay with the costs hereof. Deft, denies owing the bal-
ance to Allard Antony, as he tendered payment to him and he would not
have it ; such as payment in tobacco and that from Taelman, who signed
the obligation, and deft, says, that Taelman instructed him by letter to
pay said balance to Caspar Stynmets. Maintains, therefore, that he is not
indebted to pltf. nor bound to pay two persons. Pltf. replies : he applied
to deft for payment after the time was one month or 6 weeks expired.
Jan van Leyden was willing to pay him in loose zeawan, [wampum] which
not being good pay, he refused the same, until he should give good pay.
Jan van Leyden acknowledges the same, offers to pay, saying it is all one
to him, to whom he pays. Requests time, until Taelman shall appear
personally here. Pltf. requests, as before, that deft, shall be condemned
to satisfy him in good pay, with costs hereon, and failing therein to enter
sufficient security. Deft offers to give good bail. Parties having heard,
the Court condemns deft. Jan van Leyden to pay to pltf. Allard Antony,
within 3 weeks from date the balance of the note with costs, and mean-
while to give sufficient security for the aforesaid payment, saving the
action against Piet' Taelman.
Deliberation being had on the case concerning the gold ring, it was
postponed until next Monday.
384 Court Minutes of New Amsterdam. [1655
Copy :
I, the undersigned, appeal from the judgment rendered by the Burgo-
masters and Schepens in favor of La Montague, to the Supreme Court ;
and summon him for the next [session]. Done 33 Oct. 1655.
Was signed Adriaen Blommart.
Monday, 25 Oct. 1655. In the City Hall.
Present the W. Heeren Comelis van Tienhoven, Allart Antony, OloflF
Stevensen, Joh. Nevius, Joh. de Peyster, Jacob Strycker, and Johan
Verbrugge.
Oloff Stevensen, pltf. v/s Daniel Lischoe and Paulus Schrick, defts.
Pltf. demands payment of a certain bill of exchange drawn by Daniel
Litschoe as attorney for Paulus Shriek, dated 34 March 1655, for the
sum of 241 il. 10. on Sieur Daniel Coets, merchant at Amsterdam, which
is returned protested ; and that with interest thereof for change and
rechange according to custom here, asking 20 per cent. Deft. Paulus
Shriek denies, that it is a bill of exchange, but merely an assignment :
requesting, that pltf. be ordered to receive payment from the aforesaid
Daniel Coets in Holland, inasmuch as the wares delivered therefor, being
beer, were not worth so much, and also by leakage were not delivered, as
they ought to have been. The Court having heard the parties and read
their papers condemned the signer of the Bill, Daniel Litschoe, inasmuch
as he accepted and received the goods and drew the bill thereupon, to pay
here the aforesaid fl. 241.10. with costs of change and rechange thereon,
conformably to the demand of pltf. at 20 per cent, on condition of having
his recourse on his agent, or Daniel Coets, from whom the beer came.
Maria Boodt, pltf. v/s The Heer Fiscael, C. van Tienhoven, deft.
Pltf. in default.
Sieur Joost van Beeck, pltf. v/s Corns. Jansen Coole, deft. Pltf.
demands, that 'deft, be condemned to pay him the balance due on a
certain bottomry bond, being between 5 and 6 hundred guilders, but
cannot speak for certain, as the books of his dec^ brother, in which the
receipts are, have not yet been opened. Deft, acknowledges to owe
about so much, and is willing to pay, but requests delay, as he offered
payment to the pltf's brother, which was not accepted. Pltf. replying,
asks judgment and sufficient bail. Parties being heard, the Court con-
demns the deft. Corns. Jansen Coele, as they hereby do, to pay pltf.
^^ss] Court Minutes of New Amsterdam. 385
within 14 days the balance of his remaining money, and give sufficient
bail for the payment hereof, before his departure for Virginia.
Jan Willemsen Van Leyden, pltf. v/s Janneke Varleth,* deft. Pltf.
handing in his demand in writing, requests, that Sieur Augustyn Heer-
man, or his wife, in his stead, be condemned to pay to AUard Anthony
the remaining fl. 169 for certain 2 oxen, which he purchased from Tael-
man, with costs. Deft, answers, that her husband will pay the balance of
fl. 169 to Taelman, according to agreement, but knows nothing of the
affair in question. Maintains she is not held, to make any other pay-
ment, than according to the agreement with Taelman. Pltf. replying
says, that Sieur Augustyn had received the cattle for the fl. 169. and ac-
cordingly owes the aforesaid note to Taelman and is bound to pay and
discharge him. Deft, acknowledges to have received the cattle, and that
one of them strayed away. Parties being heard, were condemned to ful-
fill, on both sides, their contracts.
Govert Loockermans, pltf. v/s Daniel Wythedt, deft. Pltf. de-
mands payment of fl. 115. 11. to wit: fl. 93. 5. for Sieur Gulyam Wys
dec"! and fl. 21. 6. for himself. Deft, acknowledges the debt, except fl.
10. which he says he has overpaid to Sieur de Potter and which was not
deducted in Wys' a/c. Offers to bind himself by obligation to pay within
14 days and to give bail here. Parties being heard, the Court condemns
deft. Daniel Wythedt to pay pltf. the aforesaid fl. 115. 11. within 14 days,
in the meantime to enter sufficient bail here, before he leaves. Regard-
ing the fl. 10. which the deft, says he overpaid, he can institute his action
therefor against the agent of De Potter.
David Frere, pltf. v/s Thomas Hall, deft. Deft, in default.
David Frere, pltf. v/s Adriaen Keyser, deft. Deft* 2I default.
Pltf. demands, whereas deft, remains in default and owes him fl. 192 in
tobacco for sale and delivery of certain beer whereof the time has expired
over two months ago, that he be condemned to pay the monies into the
Secretary's office, or, that the goods, being clothing, left in pledge
therefor, be sold. The Court having seen the a/c and debt, decree, by
virtue of the 2 defaults, that deft, shall pay the said monies into the
Secretary's office within 14 days.
Comelis van Lanckvelt, pltf. v/s Hendrick Gillisen Wageman, deft.
* S«e note, p. 326.
▼OL. 1.-85
386 Court Minutes of New Amsterdam. [1655
Pltf. in default. The case was postponed by the Court until the next
Court day, and ordered that the decision of the arbitrators be produced.
Reyer Stofifelsen, pltf. v/s Dirck Volckertsen, deft. Deft, in
default. Default was granted only for the payment of il. 9. now due
since 3 years.
Gabriel de Haes, pltf. v/s Nicolaes Holsteyn, deft. Pltf. complains^
that deft, struck and assaulted him in his house, so that he is still sickly;
requesting that deft, be condemned and punished as he deserves. Deft.
requests copy of the demand to answer thereto by the next Court day.
Deft, was granted his aforesaid demand.
Pieter Smith, pltf. v/s Pieter Jansen, deft. Deft's i? default.
Hugo Bruynsen, pltf. v/s The Skipper of the Spotted CaWy deft.
Pltf. says, deft, took away certain stones, which he drew and had before
his door, to repair the street. Requests payment of il. 6. therefor, as he
had worked for them two days. Deft, says, that he asked for the stones
and he was allowed to take them away without any payment being asked
for them, being about \ ballast for a boat. Parties being heard the Court
condemns deft, to pay pltf. fl. 4 for said stone.
Jan Willemsen Iselsteyn, pltf. v/s Hendrick van Diepenbroeck,
deft. Regarding difference about some tallow, etc. And as deft, de-
mands an a/c and parties allege, that there is also disagreement, the
Burgomasters and Schepens refer parties to Jan Evertsen Bout and
Albert Cornells^ Wantenaar to examine the differences of parties and if
possible to reconcile the same; otherwise to report to the board.
Jan Evertsen Bout, appears in Court to state that he has discovered
some cordage, which was stolen from his house in these troubles: Re-
questing that he may impound the same until disposition be made finally
thereof. The Court grants the aforesaid request.
Pieter Comelis" Van Veen and partners produce in Court a certain
declaration from which it appears, that Sieur De Potter was a partner
for /j th shares in the little vessel, the New Love, Requests accordingly
quick despatch. Joh: Nevius as agent for Sieur De Potter offers,
according to procuration, to swear, in place of his father in law afore-
said, that he was a partner only for fl. 300. Maintains that he owes
nothing. The case was postponed by the Court until the next session.
AUard Antony requests, as Jan Willems^ Iselsteyn was condemned.
^^ss] Court Minutes of New Amsterdam. 387
at the last extraordinary meeting, to enter bail for his debt, and to the
present time remains in default, having only given some goods as secur-
ity, with which he is not satisfied, that he be constrained to fulfill the
aforesaid judgment. Jan Willemsen answers, that he placed in the
Secretary's hands as many goods as amounted to the demanded sum.
Proposes, in default of payment, that the said goods shall be sold in exe-
cution. Parties being heard, the Court orders that the goods consigned
by Jan van Leyden as security and pledge of payment shall be held by
special mortgage for the said payment, and pltf. shall have preference
therein over all others: but in case Jan van Leyden does not pay the said
monies to the satisfaction of pltf., according to judgment, it is ordered
that the aforesaid goods shall without exception be sold therefor by
vendue, and the proceeds thereof be delivered to the Heer Allard for his
debt, provided he offers to accept the pledged goods for the said sum.
The case in question regarding the ring was de novo examined and
divers witnesses heard ; the ring in presence of Barentie was weighed, and
she being found Guilty, the Court, after mature deliberation, pronounced
the following judgment and sentence.
Catalyntie Verbeeck, wife of Aryaen Woutersen, plft. contra Barenite,
wife of Gerrit Fullewer, deft. Whereas process of defamation relative to a
gold double hoop ring has been entered between Catalyntie van Beeck and
Barentie, wife of Gerrit the Miller, before the Court of this City, by said
Catalyntie as pltf., complaining, that Barentie above-named has abused the
said Catalyntie van Beeck for having stolen from her a double hoop ring,
relative to which parties were heard at divers times before the Court, when
Barentie exhibited no proof, that the ring is her's, which she said was stolen
from her and was shewn in Court; but, on the contrary, pltf. and wronged
party has proved by divers in Court, that she had, on board ship on the
voyage hither, a double gold hoop ring with other manufactured gold;
also shewed on the ring a certain mark, wherein she and her husband
agreed, both having been examined apart; likewise, that Barentie acknow-
ledged in Court, that she had called out, when her mother put her hand
in the pocket of the pltf's husband: — Mother! See what you are about;
this is not my ring. Whereupon the Court having, maturely and in all
sincerity, pondered, find that the pltf. and injured party has been un-
justly wronged by the deft. Barentie and that the ring belongs to Cata-
388 Court Minutes of New Amsterdam. [1655
lyntie van Beeck, which Catalyntie requesting reparation of honor and her
own ring, the Burgomasters and Schepens, administering justice, have
condemned the aforesaid Barentie, that she shall restore, with her own
hands here in Court, the ring into the possession of the aforesaid Cata-
lyntie van Beeck, and declare that she knows nothing, but what is good of
the same; and pray of God, the Court and the injured forgiveness; or in
case of refusal to be put in the City Prison and in addition pay a fine of
ii. 50. to be applied } to the Poor and i for the Officer. Thus done and
adjudged at the Court in the City Hall at Amsterdam in New Netherland
this 25. Oct. 1655, and the entry hereof was signed by Allard Anthony,
Oloff Stevensen, Joh: Nevius, Joh: d'Peyster, Jacob Strycker, Joh:
Verbrugge in pursuance with the above sentence, Barentie delivered
with her own hands in Court the ring to Catalyntie van Beeck, declared, that
she has nothing to say against her and further asked pardon of God, Justice
and the injured Catalyntie. Done as above, in the Court aforesaid.
Monday the 8'^ Nov! 1655. In the City Hall. Present the W.
Heeren Comelis van Tienhoven, Allard Anthony, Oloff Stevensen, Joh.
Pt' Verbrugge and Jan Vinje.
The Officer Com* Van Tienhoven, pltf. v/s Salvador Dandrado, a
Jew, deft. Pltf. rendered his demand in writing, being a complaint, that
deft. Salvador Dandrado purchased a certain small silver cup, that was
stolen from Jan Rutgersen, as more fully appears by the demand. Re-
questing that the complainant shall be further heard thereupon before the
Court in presence of the deft. Complainant Jan Rutgersen appearing in
Court declares, that Salvador Dandrado called on him recently at his
house concerning the aforesaid silver cup, and said to him that he would
give him back the little cup which he bought, if he, Jan Rutgersen would
return to him the half of what he had paid ; and as he, Jan Rutgersen
was not so inclined, he left him. Whereupon Salvador Dandrado sent
him Jan Rutgersen home, the same little cup (which Jan Rutgersen ex-
hibits in Court) and besought^ him to be silent thereupon. Deft. Salva-
dor Dandrado appearing in Court requests copy of the demand, to
answer thereunto. The Court accords copy to deft., and orders^im to
answer thereunto in writing by the next Court day. ,
Allard Anthony, pltf. v/s Sieur Comelis Schut, deft. Pltf. as
^^ss] Court Minutes of New Amsterdam. 389
attorney of Jacob Jansen Huys, skipper of the ship, the jP^ar treCy
demands payment of freight of goods brought from Holland for the deft,
by the said ship. Deft, offers to pay the freight, provided the two half
aems * of brandy, which are missing be delivered to him, or that he be
allowed to deduct therefor i8 beavers according to the price here. Pltf.
replies, whereas deft, delivered up the bills of lading of the wares, being
a proof, that they were fulfilled, that he is bound to pay full freight.
Deft, responds: that he gave up the bills of lading, as it was said, and he
knew no better, than that the goods mentioned therein were delivered at
the Companys Store; but says, the said two half aems have not been
given up to the present time. Parties being heard, the Court decides
and condemns Com? Schut to pay the full freight within the period of 8
days, saving his recourse against Adriaen Van Tienhoven (who has
charge and attends to the public store) who is to prove, whether the
brandy was received in store, and being received, where and to whom
the same was delivered.
Comelis Schut, pltf.v/s Adriaen Van Tienhoven, deft. Pltf. re-
quests delivery of certain 2 half aems of brandy which were delivered
from the ship. The Peartree, into the Company's Store. Deft, requests
copy of the demand and how the kegs were marked. The Court granted
deft. copy.
Paulus Leendertsen Vandie Grift appearing in Court requests, as
certain affidavits were delivered in last Court day, from which it appears,
that Sieur de Potter owned ^ shares in the copartnership in the little ship
the New Love^ that the Court would be pleased to grant quick expedition
and despatch. The Court order, as Joh: Nevius, the attorney of Sieur
de Potter is absent, that copy of the above be delivered him, with intima-
tion, that should he have any thing against it, he produce the same by
next Court day.
Gabriel de Haes, pltf. v/s Nicolaes Meyer, deft. Pltf. in default.
Hendrick Van Dyck as attorney for his son in law, Nicolaes d* Meyer,
deft., says that he expressly denies the allegation in pltf's demand.
Requests proper proof thereof. Offers to prove to the Judges, that pltf.
first attacked deft, with a naked hanger; scolded him as a coward, and
afterwards struck him with a " Pagasy " on the head and body, so that
* Aem is a measure of 40 gallons.
390 Court Minutes of New Amsterdam. [1655
he nearly fell to the ground. Objecting herewith to pltf's petition, and
protesting further against costs. The Court granted default and ordered
that copy hereof be delivered to pltf . to reply thereto by the next Court day.
Pieter Smith, pltf. v/s Pieter Jansen, deft., demands payment of fl.
3o, which should have been paid, last year, all in tobacco, but has not
been done up to the present time. Deft, acknowledges the debt. Says,
he offered him, heretofore, a cow in payment, and cannot satisfy him at
present. Offers to pay in a month as much as he is able. Parties being
heard, the Court condemn deft. Pieter Jansen to pay pltf. within one
month after date.
Wolfert Webber, pltf. v/s Nicolaes Verleth, deft., complains, that
deft, has insulted him and alleged that he has stolen his stone ; stating,
on the contrary, that it is his own stone, which he drew, and that there is
more, which he has excavated out of the ground. Requesting that deft
be ordered to leave him in peace and unmolested on this matter. Deft.
maintains that, if any body removes what belongs to another, without his
knowledge, that is thieving; and says his father had deposited some stone
by the Fresh Water, before his door, which he had collected together,
and that Webber removed these without his knowledge; whereupon they
had some words, but that Webber promised to deliver him other stone
instead. Requests, that Webber be ordered to bring back to the place
the stone, which he took away and not to molest him. Lodewyck Pes
being heard, as witness, by the Court, declares, he was present, when the
aforesaid persons were conversing about the stone, and that Verleth said
it was Theft, but did not hear Webber promise to deliver other stone in-
stead. Parties being heard, the Court condemn pltf. Wolfert Webber,
that he shall within 8 days bring back to the place the stone which he
removed from Verleth* s land. Regarding the insult, as that was recipro-
cal, parties were ordered to mutually keep the peace, and not to molest
each other about the matter; or in default that further disposition shall
be made therein.
Sybout Claessen, as att*y for Ryer Stoffelsen, pltf. v/s Dirck Hoi-
gersen, deft. Defts. 2** default. Being for payment of fl. 8. belonging
to Ryer Stoffelsen. Requests sequestration and satisfaction. The Court
ordered as Dirck Holgersen is in the 2^ default, that he deposit the said
fl. 8. within 8 days in the Secretary's office.
^^ss] Court Minutes of New Amsterdam. 391
Abram Jacobsen, carpenter, pltf. v/s Egbert van Borsum, deft. Pltf .
demands payment of a balance of eleven beavers for labor furnished on
deft's house, which ought to have been paid over a month since. Deft,
acknowledges to owe ten beavers and fl. 2. 13. and has offered payment
in good Zeawan (Wampum) or an assignment on others; for the present
he cannot pay in beavers: but says, he does not know pltf.: Jan Com?
Clyn, only, undertook this work. The Court decides, as Egbert van
Borsum contracted with Jan Com" Clyn, who undertook the work, that
pltf. must look to the aforesaid Jan Comelis? Clyn, and has no claim on
deft.
Egbert van Borsum, pltf. v/s Jan Franse and Teunis Willemsen,
defts. Pltf. says, that he loaned and delivered his boat to def? and as
they allowed the same to go adrift, requests, that deft? be condemned to
restore the same to him or pay the value thereof. Def? deny having bor-
rowed or received the boat, but say that they had seen a boat on board.
The Court order pltf. to prove his statement, as defts. deny the same.
Willem Beeckman, pltf. v/s Abram de Lucina, deft. Deft, in
default.
Teunis Craey, pltf. v/s Jacob Joosten, deft. Pltf. in default.
Dirck Claesen Pottebacker, pltf. v/s Andries Hoppen, deft. Pltf.
requests, that deft, be constrained to satisfy the judgment rendered
against him by the Court on the 13* Sept! last. Deft, says, he has not
refused to pay pltf. and that the money has lain ready now a month.
Claims, therefore, costs for loss of time herein incurred. The Court
order, that deft, shall satisfy the aforesaid judgment, or in default
thereof the Bailiff is authorized to levy execution, but should parties have
any further action for costs and difference as to the delivery of the
earthenware, from which the debt has arisen, such can be instituted on
the next Court day.
Jan Barentsen, pltf. v/s Isbrant Dircksen Goethart, deft. Deft, in
default. Pltf. states that he arrested deft, here and that he departed
notwithstanding his arrest. The Court granted only default.
Joost Teunissen, pltf. v/s Jan Geraerdy, deft. Deft, in default.
General Stuyvesant and Mr. Silla appeared in Court with one Teunis
Jansen; request and enjoin the ofl&cer Tienhoven rigidly to examine the
same, relative to what has passed and he saw at the house of Pieter
392 Court Minutes of New Amsterdam. [1655
Schoorsteenveger * ; whereas now Jacob Haey's house is burning and it
also might possibly occur and happen in like manner.
Francois Fyn, pltf. v/s Luycas Eldertsen, deft. Pltf. exhibits a
certain judgment, dated i6* October, 1654, obtained before the Court of
Midwout and Amesfoort against deft, for the sum of one hundred Guild-
ers. Requests confirmation of the sentence. Deft, acknowledges the
debt and declares that thro' misfortune he is utterly unable to pay. The
Court orders the deft, to pay pltf. Fyn, as he is bound to do by the tenor
of the aforesaid judgment.
Marretie Hendrick, pltf. v/s Capt. Franc? Fyn, deft. Regarding a
difference about service rendered and agreement made thereon. Parties
being heard, the Court refer the matter at issue to Sieurs Paulus Leen-
dert van Grift and Govert Loockermans, who are hereby authorized to
reconcile parties regarding their difference.
Engeltie Hendrick, pltf. v/s Joost van Beeck, deft. Deft, in
default.
Tomas Sandersen, pltf. v/s Dirck Teunissen, deft. Pltf's wife ap-
pears and demands delivery of 240 pieces of firewood, on delivery of
which she owes fl. 5. Deft, acknowledges the debt; promises to deliver
the wood so soon as he cuts more wood on the land. Dirck Teunissen
was condemned by the Court to deliver the wood to pltf. within 14 days,
or in default of delivery by himself, that pltf. may buy it and cause deft,
to pay.
Willem Brouwer, pltf. v/s Isaac Mense, deft. Pltf. says that he
sold the deft. 50 ps. of dry merchantable hides for fl. 700 in good Zea-
wan, on this condition that whoever should go back of the bargain should
forfeit a tun of beer; and says that he next morning asked deft., if he
held to the bargain or not; if not he should pay the tun of beer, and that
he then answered, he would not pay the tun of beer. Requests therefore
payment of fl. 700 on delivery of the hides. Offers 24 gl.thereof for the
Poor. Deft, says, he was then drunk — and he agreed for fl. 700, but that
he was mistaken, meaning 100 hides for gl, 700. Matys Capito and Jan
Jansen were, on requisition of pltf., heard in Court and declare, they
were present at the agreement, and that the bargain was to pay 700 gl.
Zeewan, for 50 hides, but that Isaac Mense said afterwards, that he was
♦ Chimney sweeper.
^^ss] Court Minutes of New Amsterdam. 393
mistaken. Parties being heard, the Court declared the aforesaid trade
null and void and condemned deft. Isaak Mense in a fine of il. 25 for the
behoof of the poor with costs incurred herein. Done etc.
Jan Geraerdy, pltf. v/s Andries Hoppen, deft. For payment of a
certain quantity of planks. Whereas parties have not settled their a/c,
the Court referred them to Sieurs Abram La Nooy and Isaak de Foreest,
to arrange their a/cs and if possible to settle their difference, or otherwise
communicate their opinion in writing to the Court.
Jan Geraerdy, pltf. v/s Adriaen Keyser, deft., demands payment of
j£6. 2S. English on a note signed by Adr? Keyser, in favor of Mr. Abram
Bryn, whose attorney he is, and dated 7 Oct- 1654. Deft, acknowledges
to have given his signature for his brother by advice from Holland, but
says that he has an a/c to offset against it. This Court refers parties
to Sieurs Pieter Jacobs* Buys and Abram Nichels to settle the differences
and a/cs of parties after examination, and if possible to reconcile them,
otherwise to report to the Board.
Joost Goderissen, pltf. v/s Nowe Jansen, deft. Deft, in default.
Pltf. announces the arrest, served on Govert Loockerman. Requests
that the same be declared valid. The Court declare the arrest pro-
visionally valid by virtue of contumacy.
Pieter Dircksen Waterhout and Adriaen Blommaert presenting each
separately a certain request and writing relative to the removal of certain
ankers of wine, it is ordered, that parties shall furnish each other copy of
their several petitions and papers to institute their action by the next
Court day.
Nicolaes Jansen Bakker requests by petition, whereas by misfortune
he is driven away from his place and his means have been burnt and lost,
that he be permitted to tap and to keep tavern and lodgings. Whereon
was endorsed: Petitioner's request is granted.
To the Rt. Honble. Director General and Supreme Councillors of
New Netherland.
The Burgomasters of the City of Amsterdam in New Netherland
represent with due respect and submission : Whereas divers petitions have
been presented to them by refugees and others, who are inclined to settle
here, to be allowed small lots within this city, whereon each, according to
his ability might erect a house ; Therefore we have spoken thereupon to
394 Court Minutes of New Amsterdam. [165$
the Honble Director General, who answered that a proper survey must
be first made, and it being observed in the present condition, that such is
particularly necessary to be executed, we request therefore, that your
Honors, in conjunction with your petitioners, would be pleased to com-
mission such persons as shall be considered suitable by your Hon^
Lordships.
Awaiting hereupon your Honors favorable disposition we remain
(under stood) your Honors humble and faithful serv?
Signed AUard Anthony; Oloff Stevensen.
Done this lo. Nov. 1655 at AmstT in N. N.
The aforesaid request of the Burgomasters of this City being taken
into serious consideration by the Direct^ General and Council, they find
the survey particularly necessary; therefore the Hon**!' Councillor La
Montague and Hon*^.* Burgomaster Allard Anthony with the ordinary
Road Inspector are hereby ordered and authorized to advance the desired
survey, as they may deem meet, without any regard to persons, gardens
or places, so that settlers may be accommodated at a reasonable price.
In case the aforesaid survey may happen to run through any persons
gardens, the abovementioned Gentlemen are specially authorized to value,
in the readiest and most reasonable manner, the lots coming, according
to the aforesaid survey, on the ground already disposed of, only leaving
the approval thereof to the knowledge and advice of the Director General
and Council. Thus done in Fort Amsterdam in N. Netherland at the
Meeting of the Director General and Supreme Council holden on the
10'!' November 1655. Was signed P. Stuyvesant.
Under stood ; By order of the Director General and Supreme Coun-
cillors of N. Netherland (Signed) C. v. Ruyven Sec.
Teunis Jansen van Commel, aged about 38 years, appeared in the
Court of Burgomasters and Schepens and declared at the requisition of
the Schout, that he, the witness, between the night of Thursday and
Friday last, was coming in Company with George the sailor and Harmen
the cooper to the farm of said George to thrash grain, as they had already
done. He, witness, George and Harmen, the cooper, lying down to sleep
in the bam, he heard the noise of fowls ; shortly afterwards there was a
knocking at the door, and they were surprised by some one crying out,
(as Indians usually do) before the door. Ho ! Ho ! Ho ! They being
i6ss] Court Minutes of New Amsterdam. 395
frightened thereby, each looked out for a good place of shelter, and soon
after having escaped, Harmen the cooper ran across the farm towards the
house of Schoorsteenveger and crept to the door of the dwelling. He
heard a word in the Dutch language, whereupon he entered; found a
large fire in Schoorsteenveger' s house, and Claes de Ruyter preparing to
spit the fowls. Harmen the cooper censuring them, De Ruyter, Pieter
Schoorsteenveger' s Stephen, and Captain Fyn's Negro servant, answered
that they were forced to do it by hunger. Whereupon he replied, that
could not be caused by hunger, as they were not long from the Man-
hattans. De Ruyter requested Harmen to remain silent and that he, on
arriving at the Manhattans, would pay for the fowls. Finally, after much
talk, Harmen took the hens with him, on the ground, that they belonged
to him or his Son in law, but through praying and solicitation, Claes de
Ruyter obtained the fowls back, the other day, on promise of payment.
Thus done in the Court of the City of Amsterdam in N. Netherland,
the 8*^ 9*^ 1655. was subscribed this X mark made by Teunis Jans van
Commel.
Harmen Hendricksen, Cooper, aged 43 years, appeared in the Court
of Burgomasters and Schepens and declares the statement of Teunis
Jansen van Commel to be true in respect to words aforesaid and confirms
him therein. Adij. as above, was signed thus — HK the mark signed by
Harmen Hendricksen.
Under Stood: — Teunis Jansen and Harmen Hendricksen aforesaid
have made and signed the above declaration in the Court of Burgo-
masters and Schepens this S^ Nov' 1655. at Amsterdam in N. Nether-
land, which certifies
(Signed) Jacob Kip, Secretary,
Monday the 15 Nov^ 1655. In the City Hall. Present the W. Heeren
Comelis van Tienhoven, AUard Anthony, Oloff Stevensen, Joh.
Nevins, Joh: Verbrugge, Jacob Strycker, and Jan Vinje.
The Hon"* Petrus Stujrvesant, pltf. v/s Willem Jansen, widower of
de^ Lyntie Martens, deft. The Honble pltf. entering his demand in
writing relative to something belonging to him, as more fully appears by
the same. Deft. Willem Jansen appears in Court with Govert Looker-
man, and Dirck van Schelluyne as chosen Executors of ded Lyntie
39^ Court Minutes of New Amsterdam. [1655
Martens, to whom the written request was read. Deft. Willem Jansen
requested copy to answer thereto by the next Conrt day.
Endorsement: Copy hereof is granted by the Court to deft and it is
further ordered, that two persons be appointed with the Secretary to take,
with all despatch, an inventory of all, that has been left by deceased
aforesaid and to deliver the same to the Court to take then further dis-
position therein ; and thereto are chosen and commissioned Sieurs Paulns
Leenderts Van Grift and Willem Beekman.
Extract to the Commissioners.
Whereas the General Petrus Stuyvesant has requested by petition
and documents thereunto annexed, that an inventory be taken of the
lands, houses, and other effects of dec^ Jochem Pt^ Ruyter * and of his
widow, having married again and being now dead, so that his Honor as
well as the other private creditors may obtain justice, the Burgomasters
and Schepens have, therefore, found the request fair, and have resolved
accordingly as appears here above by the mark.
Allard Anthony, pltf. v/s Samuel Willett and Raef N., defts. Pltf.
requests that def? be condemned to fulfill a certain contract made with
them, for the bringing certain beams of timber here. Defts acknow-
ledge having made the agreement, but they were prevented by troubles
with the Indians. Request, that they be released therefrom by arbitra-
tion. Pltf. replies: notwithstanding the time has passed, he is content,
if def? will deliver the timber, so that he may not suffer any loss or
interest by the shipping or otherwise. Parties being heard, the Court
decides, that parties on both sides shall be held to fulfill their contract
and defts. are accordingly condemned to deliver to pltf. the timber ac-
cording to said contract, on pain, in case of failure, that they shall be
held to satisfy and pay all damages, which pltf. may sustain by the non-
fulfillment of said contract.
* Joachem Pietersen Kuyter was a native of Darmstadt, Germanj, and bad served
as commander in the East Indies. Encouraged bj the Directors of the W. In. Co.
he came to New-Netherland in 1639, bringing with him his wife, servants and live
stock, and took ap land near Haerlem, four hundred acres, which he called 21egendad
(Valley of Blessing). He was appointed Schepen of the City in February, 1654, but was
murdered by Indians during the following summer. His widow, Lyntie Martens, married
William Jansen, but soon followed her first husband, for in November, 1655, she is men-
tioned as deceased. — E. O'C.
i65s] Court Minutes of New Amsterdam. 397
Skipper Pieter Dircksen Waterhout exhibiting a deduction aad
request relative to certain 40 ankers of wine in dispute, demands that his
witness be examined in Court as to his further declaration. Adriaen
Blommaert answers also in writing in the said case. Whereupon it is
ordered by the Court, that copy of the papers shall be delivered to
parties on both sides, and further, that the skipper shall cause the Secre-
tary or Notary to draw up the witnesses deposition.
Engeltie Hendricx, pltf. v/s Juffrouw van Beeck, deft., demands
payment of half years wages at ;^7. the year, is fl. 21., as her master
turned her out of the house and restoration of her property which is still
therein. Deft, acknowledges to have turned pltf. out the house and sent
her away; says she paid for her fl. 50 passage from Holland here and dis-
bursed in Holland fl. 9. Offers to deliver up the goods, when she has
paid her the balance. Parties being heard, the Court decides and orders
deft. Mde van Beeck to pay pltf., Engeltie Hendrix, her half years wages
and to deduct only the fl. 9., which were disbursed for her in Holland
and further to restore the property which she has belonging to the
maid.
Paulus Leenderts? Vandie Grift in his quality as Director in the
company of the ship the New Love^ pltf. v/s Joh. Nevius as attorney of
Sieur d' Potter, copartner, deft. Pltf. requests, as before, that deft,
shall be condemned in his quality to pay the -f^, share in the partnership
of the said vessel, according to declaration thereof produced. Deft, per-
sists, as before, and says according to his procuration, that he will swear,
in the place of his father in law, that he was a partner only for fl. 300.
and not for -fi part. Requests that the witnesses shall confirm their
given declaration on oath. The Court ordered, that deponents be re-
quired to confirm under oath, by the next Court day, their given declara-
tions, pursuant to the demand of J. Nevius.
Willem Beeckman, pltf. v/s Herry Herremie, deft., Deft, in
default, states that he has arrested deft, personally here in this place
on last Monday, and that he departed from his arrest. The Court ac-
corded the i" default.
Schepen Jan Vinje, pltf. v/s Symon Joosten, deft., demands pay-
ment of fl. 26. 14. for beer delivered, now 3 years ago, to an Englishman
according to his account book. Deft, says, that he well knows, pltf.
39^ Court Minutes of New Amsterdam. [1655
delivered some beer to Jan Webbens, an Englishman, but that he spoke
to pltf. only as interpreter for Webbens. Denies, that he received the
beer for his own a/c or that the same was delivered or accepted as his
debt. Pltf. offers to declare under oath that he furnished the beer on
the name, at the request and for a/c of Symon Joosten, and that Symon
Joosten stands debitted alone on his book therefor; that he does not
know the Englishman or ever had any thing to do with him. Parties
being heard, deft. Symon Joosten is condemned to pay pltf. the aforesaid
fl. 26. 14. saving his guarantee on Jan Webbins.
Gysbert van Imbroecken, pltf. v/s Teunis Kraey, deft. Deft, in
default. Pltf. sues for the arrest laid on the rent of deft's house, on a/c
of a certain note. The Court declare the aforesaid arrest invalid, inas-
much as deft, is a Burgher here, and the rent is not yet due. They
decree only a default.
Gabriel de Haes, pltf. v/s Hendrick van Dyck, as attorney of Nico-
laes Meyer. Pltf. persists in his aforesaid demand and produces in veri-
fication a declaration made by [Franciscus Dios. Hendrick van Dyck
says, that pltf. produces a declaration only of a negro, or a young Indian,
which in law is invalid. It is therefore not necessary to answer the same.
Persists in his aforesaid answer. Burgomasters and Schepens decide,
that it is an action, which concerns the Officer. The same is therefore
ordered to institute proceedings therein.
Gabriel d* Haes, pltf. v/s Hend"? van Dyck as attorney for N.
Meyer, deft. Pltf. demands payment of fl. 87. 10. for earned wages and
disbursed monies, according to a/c. Deft, answering says, pltf. and N.
Holstyn have calculated and agreed together that fl. 70. belonged to him
of a balance ; which 70 gl. he has divers times offered and still offers to
pay in good sound Zeawan, inasmuch as no difference of pay was men-
tioned or fixed. Pltf. acknowledges, in reply, that he agreed with N.
Meyer at his departure for fl. 70., but, that he agreed for and promised
beavers. Parties being mutually heard, the Court by plurality of votes
decides and orders, that Hendk van Dyck as attorney of N. Meyer shall
pay the fl. 70. in good Zeewan, for which sum the parties have agreed.
Comelis Schudt, pltf. v/s Adriaen Van Tienhoven, deft. Pltf. de-
mands, as before, delivery of 2 half aems of brandy which were received
by deft, into the Company's Store out of the ship the Pear tree. Deft.
1^55] Court Minutes of New Amsterdam. 399
shows by declaration of the labourers in the Company's Store, that they
delivered the 39 half aems of brandy, which came into the Company's
store for pltf. Schut out of the ship the Pear tree. Pltf. denies this.
Ordered by the Court, that deponents be cited to confirm their attesta-
tions under oath at the next Court day. Meanwhile Schut shall be
granted copy of the declaration.
Egbert van Borsum, pltf. v/s Solomon Abelsen, deft. Deft, in
default.
David Frere, pltf. v/s Tomas Hall, deft. Both in default.
Joost Goderis, pltf. v/s Nouwe Jansen, deft. Defts. 2* default.
Pltf's wife appearing demands payment of fi. 36. 10 and as deft, is now
twice in^default, and the monies are arrested in the hands of Covert
Loockermans, requests to be permitted to lift the same. On pltf's
request, the Court order, that the said fl. 36. 10. be paid into the Secre-
tary's office, and that pltf. receive the same on security.
Sybout Claessen, pltf. v/s Auke Jansen, deft. Deft, in default.
Johannes Withart, pltf. v/s Hend'k Jansen Smith, deft. Pltf.
requests payment of fl. 113. 7. according to judgment rendered by the
Court in date 11 August 1653 against the deft, and requests, that he be
authorized to receive the monies arrested in the hands of Rynhout
Rynhoutsen. Deft's wife appeared in Court : denies the debt. Shews
by her a/c that a balance of only 14 gl. is due. The Court persists in the
former judgment and authorizes pltf. to receive the arrested monies.
Jan Hend'ks, soldier, pltf. v/s Lourens Duyts, deft. Pltf. demands
payment of fl. 200. for tobacco etc. sold on the farm. Deft, says, that the
tobacco and what stood on the farm, for which he promised to pay fl.
200. about this [time, were wholly embezzled, and that pltf. has now,
since his return, seized certain tobacco etc 'on the farm. Maintains
therefore not to be indebted. Pltf. denies such. Deft, was ordered to
prove his statement.
Coenraet Ten Eyck, pltf. v/s Jan Carstensen, deft. Pltf. says, he
sold deft, some goods to the amount of fl. 204. 8 last year, to be paid in
beavers according to obligation, and whereas there has not been any satis-
faction to the present time : requests that deft, be condemned to pay the
said amount to him in beavers and as he has arrested him here in this
case, asks that the arrest be declared valid. Deft, acknowledges the
400 Court Minutes of New Amsterdam. [1655
debt and obligation. Claims to pay pltf. in Zeawan: says he has no
beavers at present. Parties being heard, the Court have condemned
deft, to pay pltf. the aforesaid sum of fl. 204. 8. according to a signed
note, in beavers; and therefore declares the arrest valid, until pltf. shall
be satisfied.
Martin Roosemont, pltf.v/s Eldert de Goyer, deft. Both in default.
Luycas Dircksen, pltf. v/s Hend^ Hendrix, Drummer, deft. Pltf.
demands payment of 16 beavers for Jan Sybrantsen according to hand-
writing and assignment. Deft, acknowledges to owe Jan Sybrantsen 16
beavers according to handwriting, and that what pltf. exhibits is his obli-
gation and signature. But as Jan Sybrantsen is in Virgrinia and he has
further agreed with him, requests time until his return. Parties being
heard, the Court condemns deft. Hendrick Hendricx, Drummer, to pay
pltf. the said 16 beavers according to hand writing within one month
from date, provided that Luycas Dircksen shall be held to give bail to
deft, for all further prosecutions, which may arise on the subject of said
handwriting.
Mattheus de Vos, pltf. v/s Jan Geraerdy, deft. Deft, in default.
Pltf. requests permission to arrest deft, as he is on the eve of leaving, and
is in his debt. The Court consents, that he should arrest deft, and insti-
tute his action if he thinks, he has a right.
Jacob Kip, pltf. v/s Dirck Bensigh, deft. In case of arrest. DefL
in default. Pltf. makes known, that deft, departed despite the arrest.
Pieter Dircksen Waterhout, pltf. v/s Aryaen Woutersen, deft.,
demands fl. 100 for passage from Holland here, according to his masters
list, and fl. 16 for freight of a chest. Deft, and his wife appear in Court
and answer, that they paid half, being fl. 50. in Holland to Sieur de
Langh, whereof the receipt was burnt in these last troubles, and o£fers to
pay the skipper forthwith the remaining fl. 50 in beavers. He maintains
he does not owe fl. 16. for freight of the chest. Parties being heard, the
Court have condemned deft., to pay the skipper here the balance of 50
fl. in beavers for passage; and further to give sufficient security to hold
the same free of cost and damage should it appear hereafter, that the
aforesaid fl. 50 were not paid in Holland. As for the claim of fl. 16 for
freight of the chest, the pitf's demand was dismissed, as they were only
clothing and it was not entered on the bill of lading.
^^ss] Court Minutes of New Amsterdam. 401
Capt. Fyn appears in Court, requesting authority to execute the
judgment of the Court against Luycas Eldertsen. The Court denied the
request till further opportunity.
Solomon La Chair requests by petition to be allowed to keep tavern
in the house of Teunis Kraey and also to sell wine and beer by the small
measure. Endorsement: Petitioner's request is granted.
Aryaen Woutersen having petitioned the Hon*^ Director General
and Supreme Council of N. Netherland for permission to tap; and being
referred to the Burgomasters and Schepens presents the said request and
persists in his aforesaid petition. Endorsement: Petitioner's request is
granted. Done as above.
Hendrick van Dyck appears at the Secretary's office in this city and
assigned certain fl. 60. in white strung Zeewan which by the Burgo-
masters was acknowledged for good Zeewan, and states that fl. 10 thereof
are seized or arrested, being in fulfillment of the judgment of the Court
dated 15. Nov. in the case between Gabriel de Haes and Nicolaes
Meyer. Done this 17 Nov. 1655.
Extraordinary Meeting holden on Thursday the 18*!* Nov. 1655. In
the City Hall. Present the Worshipful Heeren AUard Anthony, Oloflf
Stevensen, Joh. Nevius, Jacob Strycker, and Jan Vinje.
Sieur Joost van Beeck, pltf. v/s M' Roger Gillebert, deft. Pltf.
prosecutes the arrest issued against the bark the Flying Deer^ arrived in
this port and employed by deft., on account and for the payment of fi.
485. 6. which is due to him the pltf. for and on account of a bottomry
bond etc from Comelis Jansen Coele, who navigated the aforesaid bark,
and having sold the same has not yet paid the above. Requesting, that
the arrest on the said bark shall be declared valid, until he receive satis-
faction for his aforesaid protocol, as the bark is held therefor. Deft,
shews by receipt and conveyance, written in English and protocoled and
sealed before a Notary in Virginia on the 27* April and the 17 Oct' last,
that he purchased and paid 75 pounds sterling, for the aforesaid bark,
the Flying Deer, to Jan Whitty in Virginia. Requesting, consequently
that the arrest be declared invalid. Pltf. demands copy of the aforesaid
acquittance and conveyance, maintains that the same is insufficient,
inasmuch as the bark was mortgaged here, whereof the writing is not now
▼OL. I.— a6
402 Court Minutes of New Amsterdam. [1655
present. The Court grants pltf. copy, to answer thereto by the next
Court day, and ordered that he produce his proofs then. Meanwhile the
arrest on the aforesaid bark was declared valid until the matter shall be
disposed of.
Monday the 22^ Nov. 1655. In the City Hall. Present the W:
Heeren Allard Anthony, Oloff Stevensen, Johan. Nevius, Job: Ver-
brugge, Jacob Strycker and Jan Vinje.
Joost van Beeck, pltf. v/s M! Gillebert, deft. Pltf. in default
Deft, demands costs, damages and interest, as he lies here, ready to sail,
at great expense. The Court decree only default, and allows the deft, to
institute any action he may think he has by the next Court day.
Joost van Beeck, pltf. v/s Nicolaes Boot, deft. Both in default.
Jacob van Couwenhoven, pltf. v/s M' Gillebert, deft. In case of
arrest. Whereas Comelis Jansen Coele sold to Daniel Barwick, mer-
chant in Virginia, by contract dated 13 August 1654. his certain bark
called the Flying Deer^ whereupon is still due 7800 lbs tobacco, payable
in two months after date of the said contract, for which the said Barwick
still remains in default notwithstanding he has been divers times applied
to in Virginia by attorney therefor; and as the said bark, now lying in
port before this city, is specially held for the fulfillment of the same, so
he Jacob van Couwenhoven, as attorney for aforesaid Comelis Jansen
Coele, requests that the arrest on said bark be declared good for the
payment of the aforesaid remaining merchandize with interest thereon,
free of costs and damage. Deft, persists in his answer given in the case
of Joost van Beeck, that he bought and paid for the bark. The Court
having seen the demand and obligation, declared the arrest on the bark
valid and ordered that deft, be granted copy of the papers in the suit to
answer thereto in writing by the next Court day.
Sybout Claessen, pltf. v/s Auke Jansen, deft. Defts 2* default.
Pltf. demands, that deft, be condemned to pay the hire of his house
which he occupies, amounting to the sum of fl. 50. The Court con-
demned deft, in consequence of his contumacy to deposit the demanded
fl. 50. in the Secretary's office within the term of 8 days.
Comelis Schudt, pltf. v/s Adriaen van Tienhoven, deft. Pltf. de-
mands, as before, delivery of two half aems of brandy which deft.
^^ss] Court Minutes of New Amsterdam. 403
received in the Company's Store for him from the ship the Peartree ;
and that the witnesses be heard, whose declaration Adriaen van Tien-
hoven has read at the last Court, in order to enquire more fully into the
truth of the case.
Adriaen van Tienhoven, pltf v/s Tomas Fredericksen, Adriaen
Vincent and Claes Carstensen, defts. To confirm, and if necessary to
swear to certain drafted declaration. Tomas Fredericksen only appeared
in Court, and says that he has given the aforesaid declaration, that they
were fully satisfied by Corns Schut for their wages in working at the
brandy; that they had counted the same according to the invoice, but
does not know, where the same were delivered.
Adriaen van Tienhoven says: After the last two half aems of brandy
were delivered from the Company's Store, pltf's cousin or servant had
them brought to the cellar. Requests that he may be heard thereon in
his presence in Court.
The cousin, or servant, of Sieur Schut appears in Court: denies in
the presence of A. van Tienhoven to have received the last two half aems
of brandy, which are missing, but, on the contrary that he had been for
them divers times, but could never get them. Pltf. Com* Schut offers in
further explanation to declare under oath, that neither he, nor any one
on his order had ever received the two half aems of brandy, in question.
Adriaen van Tienhoven being heard thereon, refuses to swear, that
he delivered the two half aems in question to Com* Schut, but says they
were delivered out of the Company's Store; does not know to whom, as
he did not put them on his list, saying, however, that he kept a correct
list thereof. Parties being heard, the Court by plurality of votes granted
deft. Adr. van Tienhoven still 8 days to bring further proof; or in de-
fault thereof, he was condemned to pay to Sieur Schut the two half aems
of brandy in question.
Mr. Jacob Huges, pltf. v/s M! Isaac Allerton, deft. Deft, in
default.
Daniel Litschoe, pltf. v/s David Provoost, deft. Deft, in default.
Arent Callebuys, pltf. v/s Comelis Mouritsen, deft. Pltf. demands
payment of fl. 14 balance of wages earned on deft's house in the South
River [Delaware.] Deft, says, he does not know, if he owes more than
fl. 10. 10. to the pltf. Requests proof of balance. Pltf. says, that for
404 Court Minutes of New Amsterdam. [1655
the present he cannot furnish any proof, as he has left the books and
a/cs with his agent. Parties being heard the Court condemn the deft
Com* Mouritsen to pay, before his departure from here, to pltf. the fl.
10. 10., which he acknowledges to owe. Regarding the difference of ^^
gl. pltf. is ordered to prove, that they honestly belong to him; when deft,
shall be held to pay also the same to him.
Daniel Teneur, pltf. v/s Paulus Leendert Vandie Grift, deft. Pltf.
requests, that deft, be condemned, as agent for Sieur Gabrie, to pay
what belongs to him, according to the opinion and verdict of arbitrators,
of a balance of wages earned on Gabrie' s farm. Deft, acknowledges to
have agreed and settled by arbitration with pltf. and that according to
that, a balance is coming to him, but says, that Gabrie is not bound to
pay pltf. any thing according to the writings given to him, deft., thereon,
and exhibited to the Court but that pltf. should only reside on the land,
at his own expense, without receiving any pay or wages. Requesting,
therefore, that pltf. shall be condemned to repay the fl. i66., which he
has already received on the agreement of fl. 200. or to prove that he
made a different arrangement with the aforesaid Gabrie. Parties being
heard, the Court approved the decision of the arbitrators and accordingly
condemned deft., Paul. Leenderts., in quality as attorney of Sieur
Charles Gabrie, to pay pltf. the money coming to him by settlement,
inasmuch as he exhibited no proof to the contrary.
Egbert van Borsum, pltf. v/s Solomon Abelsen, deft. Deft? 2* de-
fault. Pltf. complains that he has arrested deft, here, and that he has
departed notwithstanding. The Court Messenger being heard thereon,
declares that he arrested here Solomon Abelsen, previous to the last
Court day, and now again last week, he being within this City, he sum-
moned him before the Court. And whereas he is twice in default, pltf.
was permitted to institute his action. Therefore demands payment of fl.
36 for disbursed expenses. The Court having heard the complaint and
demand besides the declaration of the Court Messenger have condemned
deft., by virtue of contumacy and departing from his arrest, to lodge with
the Secretary of this City, the demanded sum within 24 hours on pain of
execution.
Jan Haeckins, pltf. v/s Jan Geraerdy, deft. In case of arrest
Pltf. default. Pltf. complains, that deft, has arrested him here. And
^^ss] Court Minutes of New Amsterdam. 405
as he is on the eve of his departure and pltf. has not followed up the
arrest, requests, that the same be declared invalid. The Court having
found the request consistent with justice have, therefore, by virtue of the
phfs contumacy declared the arrest invalid, and released deft.
Jan Geraerdy, pltf. v/s Andries Hoppen, deft. Pltf. demands pay-
ment of 518 planks, which belong to him, in liquidation of a/c according
to handwriting given the lo^ of this month. Deft, acknowledges the
signature and debt, if it do not afterwards appear that pltf. received
more, than he settled for; and says, he agreed, that pltf. should receive
the plank from Storm Albertsen. Pltf. denies, that he had so agreed.
Requests his pay now either in plank, zeewan or goods ; or at least that
deft, (as he is about to depart) shall give sufficient security for the pay-
ment, as he is willing to wait until the spring. Parties being heard, the
Court condemn deft, to deliver to pltf., according to his handwriting,
the 518 planks, for which time was allowed him until the ensuing month
of May, on condition that he shall be bound to enter sufficient bail for
the fulfillment thereof.
Jan Teunis^ Kraey, pltf. v/s Isaak Hansen, deft. Pltf. demands
payment of fl. 31. 8. Deft, denies being indebted to pltf. Pltf. says
that it is for an assignment from Kees. Deft, says, that he also has an
assignment from Kees on another, which has not been paid. Parties
being heard, pltf. is referred to Kees, his first and lawful debtor, and his
demand against the deft, in the matter was dismissed.
Andries Jochemsen, pltf. v/s Pieter Jansen, deft. Deft, in default.
Michael Jansen demands by petition, permission to tap, as he has in
this recent disaster been driven off and lost his all, and in addition is an
old man with a large family. Whereon was endorsed: Petitioner's
request is granted.
Andries Jochemsen, pltf. v/s Claes Claesen, Smith, deft. Pltf's wife
appearing in Court says, that Claes, the carpenter, let his house, garden
and orchard to deft, according to contract and lease and that he is held
to take care of the garden and orchard, but the same is wholly wasted
and destroyed by goats. Requests reparation of injuries, done to the
apple trees and payment of half a years rent due according to contract
and that deft shall quit the house. Deft, says, that being a Soldier in the
Company's Service, he has been to the South, and that the goats mean-
4o6 Court Minutes of New Amsterdam. [1655
while broke into the garden ; the injury having thus occurred he could
not prevent it and therefore is not bound to make good the same. On
the other hand, Claes, the lessee, promised him the cellar of the great
house which he had let to him; and he never had the use of it. Re-
quests, therefore, release from the rent, and says he is not obliged to
quit the house. The Court orders that deft, shall produce proof, that he
also leased the cellar or that it was promised him when further disposition
shall be made in the matter.
Andries Hoppen, pltf. v/s Pieter van Linde, deft. Relative to the
former difference about certain inspected tobacco, which he received
from Jan Haeckins and which is not good. Requests, that the Court
will please to decide the matter as they deem just, as the above named
Hakins is now present in this City. Pieter Linde declares as before, that
he inspected the tobacco conformably to his oath and instructions, when
Hakins requested him. And maintains, he is not bound to make any
reparation. The matter in question being further examined, the Court
released deft. Pieter van Linde from the claim for compensation of the
tobacco in question. But should Andries Hoppen have any action rela-
tive to the tobacco, he may institute the same against those who sold and
delivered him the same.
Myndert the Cooper, pltf. v/s Jan Rutgersen, deft. Both in default
Joost van Beeck appeared in Court requesting revision of the judg-
ment pronounced by the Court in the matter about his maid servant.
Petitioner's request is granted and he is ordered to institute the same by
the next Court day.
Engeltie Hendrick appearing in Court requests, that the judgment
against Joost van Beeck may be enforced and executed. But inasmuch
as revision of the case is granted to Joost van Beeck, she was deferred
until the matter should be further disposed of.
Comelis van Ruyven, pltf. v/s Cornells Teunissen, deft. Pltf. de-
mands payment of fl. 300, which, on advice, he disbursed last March,
and that with interest thereof. Deft's wife appearing in Court, acknow-
ledges the receipt, but says, she received a letter from Holland from her
friends, whereby her own inheritance belongs to her, and that pltf. has
those letters. Requests restitution of said letter. Pltf. exhibits, by
deduction, an explanation of the matter and requests, that the oxen be
^^ss] Court Minutes of New Amsterdam. 407
provisionally delivered to him, as he has paid for the same, and is bound
to another for the delivery thereof; as the oxen cost fl. 240. he offers,
after receipt thereof, in consideration of deft's low circumstances, to give
her then fl. 40. to make an even sum, and to enter sufficient bail for the
restoration of said letter. The Court having examined the papers con-
demn deft., Comelis Teunissen, to deliver the oxen to pltf. or his order
on the production or exhibition hereof, and that in deduction of the
monies disbursed.
Lourens Duyts presents certain declaration relative to the case on
last Court day brought before the bench, against Jan the Soldier; and
whereas parties have not summoned the other side, no disposition i9
made in the matter.
Adriaen Blommart presents again the papers which were delivered in
on the last Court day, on which there was only a small note. Thereupon
it was resolved, that copy of the marginal note be furnished to the skipper
Piet^ Dircksen; and ordered, moreover, that parties shall deliver in, by
the next Court day, what they have further to produce in this matter,
when the merits of the case shall be disposed of.
Whereas the Schout is not present to take, pursuant to the order of
last Court day, the declaration on oath in behalf of Paulus Leenderts
y andie Grift in the case in question against J : Nevius as attorney for
Potter, the decision was, therefore, postponed to the next Court day.
Andries d'Haes appeared before the Secretary and raised the fl. 60.
in Zeewan, which was deposited by Hendrick van Dyck as attorney for
Nicolaes Meyer according to judgment. This 23 Nov. 1655.
Extraordinary Meeting holden on Tuesday Morning, 23* Nov. 1655.
In the City Hall. Present the W. Heeren Allard Anthony, Oloff Steven-
sen, Joh: Nevius, Jacob Strycker, and Jan Vinje.
M! Gillebert, pltf. v/s Jacob van Couwenhoven, deft. Pltf. ap-
peared, with his interpreter, David Provoost, in Court; requesting that,
inasmuch as he is lying here at great expense with the bark TAe Flying
Deer (which has been arrested by deft. Jacob van Couwenhoven) as well
as with his Galleot, the Court may be pleased to grant him, on both these
accounts, quick despatch in the said case of arrest; exhibiting, as before,
that he bought the bark from Jan Whitty and paid him, and that the
4o8 Court Minutes of New Amsterdam. [1655
same promised to rid him of all claims. Deft, persists in his former plea,
that the bark is specially mortgaged for the pa]rment of 7800 lbs tobacco
and is therefore answerable. The Worsh: Court having heard and
examined the matter in question between the parties and the papers pro-
duced in the case; find that the aforenamed yacht The Flying Deer r^
bound by a special contract before the Notary Schellujrne, dated 15.
August 1654, in special mortgage for the pa]rment of 7800 lbs of tobacco,
and the arrest of the said yacht was consequently declared valid, and
ordered that the said yacht shall remain here; or otherwise that Mr.
Gilbert shall enter sufficient bail here, for the behoof of Jacob van
Couwenhoven for the aforesaid his claim. Saving the aforesaid Mr.
Gilbert's guarantee against those, from whom he purchased the above
named yacht. Thus done and adjudged at the Court of the Burgo-
masters and Schepens, this 23I Nov. 1655. In the City Hall at Amster-
dam in New Netherland.
Monday 29. Nov. 1655. In the City Hall. Present the W: Heeren
Comelis van Tienhoven, Allard Anthony, Oloff Stevensen, Joh: Nevins,
Joh : Verbrugge, Jacob Strycker, and Jan Vinje.
Hendrick Hendricksen, Tailor, pltf. v/s Lubbert van Dincklagc,
deft. Deft, in default.
Joost van Beeck, pltf. v/s Jacob van Couwenhoven, 'deft. Deft, in
default. Pltf. hands in by his servant certain request and documents.
Whereupon it is Ordered: That deft, shall be granted copy thereof to
answer thereunto by the next Court day.
Joost van Beeck, pltf. v/s Nicolaes Boodt, deft. Deft, in default.
M- Jacob Huges, pltf. v/s M' Isaak Allerton, deft Pltf. demands
payment of i^ beaver for curing his son's servant man, employed on
board the ketch, for which deft., M' Allerton, has promised pajrment,
and whereas he is unwilling, claims costs. Deft, says, he is not bound to
pay for his son. Denies, that he promised to pay for his son and main-
tains also that he has not earned so much. Parties being heard the
Court orders pltf. to prove that Mr. Allerton the Elder, has promised
to pay the i^ beavers for his son; or in default thereof to wait, until
young Allerton shall appear in person.
Sybout Claesen, pltf. v/s Auke Jansen, deft. Defts 3^ default.
i6ss] Court Minutes of New Amsterdam. 409
Pltf. persists in his demand handed in on last Court day. And requests,
that deft, be condemned to pay him the aforesaid claim of fl. 50 for rent,
with costs. The Court finding, that deft, was summoned at three several
times and is each time in default; has, therefore, condemned the same,
by virtue of contempt, to pay the demanded sum of fl. 50. within 8. days,
with costs, on pain of execution.
Mattheus de Vos, pltf. v/s Jacob van Corlear, deft. In case of
arrest. Pltf. demands payment of fl. 300. receivable in Holland with in-
terest thereon for monies disbursed here to be paid in Holland according
to draft, and not received. Requests that arrest be declared valid, until
it be satisfied. Deft, says, pltf. never notified, nor spoke to him of the
matter. Requests copy of the demand and time till the next Court day
to answer thereunto in writing, and that the arrest be declared valid.
Parties being heard, the Court granted deft, copy, and declared the
arrest valid. But deft, consented to put in sufficient security for the
demand.
Pieter Tonneman, pltf. v/s Jacob van Dale, deft. Deft, in default.
Pltf. prosecuting the arrest of three hhds. of tobacco in the hands of Jan
Peeck, requests that the arrest be declared valid. Claims by a/c 350*^
of tobacco. The Court decree the i? default, and declare through con-
tumacy, the said arrest valid.
Jacobus Crap, pltf. v/s Jacob van Dale, deft. Deft, in default. In
case of arrest on the tobacco remaining with Jan Peeck, claiming 400 ^ of
tobacco. The Court decree the first default, and declare thro' contu-
macy, the said arrest valid.
Jacob van Couwenhoven hands into Court some documents against
Joost van Beeck, whereupon it is ordered, that Joost van Beeck shall be
furnished with copy thereof, to answer thereunto by the next Court day.
Claes de Langh, Serjeant, pltf. v/s Stoffel Hoochlandt, deft. Deft,
in default. Pltf's wife appeared in Court, stating that deft, received
certain goods from the mother of a soldier named Verhaalen sent from
Holland; that said Verhaalen owes her about 15 gl. Requests, that deft,
be condemned to pay her out of said goods, as the aforesaid Verhaalen
has deserted. The Court granted first default and decided, that the
Officer shall inform himself about the matter.
Andries Jochemsen, pltf. v/s Pieter Jansen, deft. Defts «• default.
4IO Court Minutes of New Amsterdam. [1655
Pltf's wife appearing in Court, demands payment of i8 gl. or 150 sticks
of firewood for wages earned four years ago. The Court condemns deft
for his contumacy to deposit the demanded sum of 18 gl. within 8 days
with the Secretary.
Andries Hoppen, pltf. v/s Jan Haeckins, deft. Pltf. says, deft, sold
him certain tobacco as good ® 6 stiv. the ft., whereof two hogsheads
have turned out unsaleable. Requests the aforesaid tobacco be made
good. Deft, says, he sold the tobacco and had allowed the same to be
inspected and it was declared good. Denying the allegation of pltf. rela-
tive to the disputes regarding it, and maintains he is not bound to make
any compensation as the time is long gone by. Parties being heard, the
Court decides, as Andries Hoppen, when he received the tobacco,
received it in payment as good, and before he accepted it could and
might have examined and inspected it, to see if it were unsound, that he
shall retain the tobacco and therefore his further claim in this matter is
dismissed.
Isaack Hansen, pltf. v/s Jan Hend'k the Swede, deft. Both in
default.
Jannetie Melyns, pltf. v/s Capt. Pos, deft. Deft, in default.
Comelis Schellinger, pltf. v/s Capt. Pos, deft. Deft, in default.
Wolfert Webber's Wife, pltf. v/s Aryaen Woutersen, deft. About
two books, which pltf's little daughter received, being a captive among
the Indians; and were wrongly taken from her by deft's wife. Re-
quests, that said books be placed in the hands of the Court until it be
decided, who has a right to them. Deft, says, they were his books before
the* late troubles with the Indians, as it appears by handwriting therein.
Requests that the same be adjudged to him as his property. The Court
orders, that deft, shall deposit the said two books in question with the
Secretary to be then further disposed of, as shall be found proper.
Whereas process is moved by Willem Jansen, soldier, pltf. contra
Jochem Beekman, Burgher of this city, relative to a certain quarrel be-
tween the parties, the Burgomasters and Schepens of this City having
examined the papers and proofs produced on both sides, find that pltf.
Willem Jansen, because deft's boy chased a hen out his garden, assaulted
and sorely beat the said boy; struck also deft's wife; tore the coat from
her back and finally beat deft, himself — and that, on the other hand, it
i6s5] Court Minutes of New Amsterdam 411
appears by some witnesses that deft, drew a knife — by others again, not.
Therefore, after mature deliberation, it is decided and ordered, that par-
ties shall not any further molest each other on this account, and moreover
that each party shall pay his own costs.
Adriaen Keyser requests by petition, whereas he has some difference
with Jacob Haey, which the Court was pleased to refer to Pieter Jacobs
Buys and Comelis Steenwyck and whereas Comelis Steenwyck is now
gone away, that the Court would please to appoint another in his stead.
Whereupon is endorsed: Whereas Comelis Steenwyck has left the
country, therefore in his place Sieur Abram Nichels is commissioned with
Pieter Jansen Buys to dispose by arbitration of the question between the
parties, or in default to deliver in a report to the Board.
Burgomasters and Schepens having seen and examined the matter in
question between schipper Pieter Dircksen Waterhout and Adriaen
Blommart, and the papers delivered in to Court by parties relative to cer-
tain ankers of brandy find that it is an affair, which appertains to Comelis
van Tienhoven in quality as Fiscal. Therefore have referred the parties
to the Honble. Director General and Supreme Council to be disposed of
by them as to them shall seem meet.
The Honble. Petrus Stuyvesant requests by petition relative to the
inventorying the goods of dec* Jochem Pt' Kuyter and Mde Lyntie
Martensen. Was endorsed: The Court having attended to the request,
orders Secretary Kip to repair this afternoon with the Commissioners
Paulus Leendert vaft Grift and Willem Beeckman to take an inventory of
the property left behind and to order Willem Jansen to place the property
in the hands of the Commissioners: If the Commissioners are prevented
by their business, the same must at once be commenced and the Secretary
is authorized to inventory and mark the goods provisionally in the pres*
ence of two honest men, in order that the creditors may have rightfully
their own.
The two books in question between Webbers Wife and Aryan
Woutersen are deposited according to order with the Secretary this date
29 Nov. 1655.
On the 3* December 1655, appeared before the Secretary of this City
of Amsterdam in New Netherland, Sieur Abraham Nichels, free trader
412 Court Minutes of New Amsterdam. [1655
here, and declared to constitute himself bail and principal for the claim,
which Piet? Dircksen Waterhout, actual skipper of the ship New AmsUr-
datn^ has on the person of Aryaen Woutersen on a/c of 50 gl., which he,
Aryan Woutersen, is to pay in Holland for his freight and passage accord-
ing to judgment of the Court of this City dated 15? Nov. last; and in case
hereafter it may happen that the said 50 gl. shall not be paid in Holland,
the aforesaid Sieur to advance and pay with all costs damage and interest
thereon, binding himself to this purpose in person and goods, none ex-
cepted, subject to all courts. In testimony whereof is this signed by the
comparant. Done as above at Amsterd? in N. Netherland.
Abram Nickel.
Monday 6*!* Decemb! 1655. In the City Hall. Present the W.
Heeren Allard Anthony, Oloff Stevensen, Joh. Nevius, Joh Verbnigge,
Jacob Strycker, and Jan Vinje.
Allard Anthony, pltf. v/s Adriaen Keyser, deft. Deft, in default.
Comelis Schudt, pltf. v/s Geurt Kraey, deft. Both in default.
Isaak de Foreest, pltf. v/s Dirck van Schelluyne, deft. Deft, in de-
fault. Pltf. makes his demand for the payment of 52 beavers for land
sold in the Town of Midwout. Deft, proposes in writing exception of
renvoy. The Court decides, that the proposed exception cannot be main-
tained in this case. The first default was therefore granted against deft.
Mr. Gysbert, pltf. v/s Jacob van Corlaer, deft. In case of arrest
Both in default.
Cornelia Schellinger, pltf. v/s Andries Pos, deft. In case of arrest.
Deft, appeals to his competent Judge on Staten Island. Denies he is
arrested. The Court Messenger being heard thereon, declares that he has
arrested and summoned here Capt. Pos on the part of Cornelia; and
whereas it is in case of arrest, the Court decide, that deft, is amenable
to this Bench, and consequently that the question must be tried before
this Court. Thereupon pltf. complains of force and violence, suffered
from deft. First that he detains her cattle and will not let these go, but
kills them and delivers them to the Man of War: And that he also has
alienated stone and other goods. Requests, that deft, shall show, by
what authority he acts, and retains the property of the Honble. Lord Van
der Capelle and disposes thereof. Deft. Pos says, he has order and
i65s] Court Minutes of New Amsterdam. 4^3
authority from the Hon^.' Lord vander Capelle and is not bound to shew
it to pltf. Pltf. says, whereas deft, asserts, he has power and orders from
the Hon^ Lord vander Capelle, that she has an obligation, which she
exhibits to the Court for the sum of fl. 1500 with interest at 6 per cent,
dated 16. August 1653, which he is also bound to satisfy, inasmuch as he
seizes and alienates the cattle which by the aforesaid obligation are
specially h3rpothecated therefor. Deft, maintains, that those, who signed
the obligation, are bound to pay the same. Pltf. says, that after writings
were passed by form of exchange for the aforesaid sum on the Hon'ble
Lord vander Capelle, his Lordship would not pay it. Looking, there-
fore, to the mortgage on the effects of the Lord Van der Capelle, requests
accordingly, that deft, be condemned to sequester the said monies or
cattle, and not to alienate the same before she be satisfied, as the money
belongs to her children and orphans. Parties being heard, the Court
find by the aforesaid obligation, that the cattle and effects of the Honble
Lord van der Capelle are specially mortgaged for the satisfaction of the
same. They therefore, decide, that pltf. shall exhibit in Court on the
next day of meeting the written answer of the Lord vander Capelle, on
which the bill of exchange is drawn; in the meanwhile to summon the
signers of the obligation for the same time, to shew by what power they
have pledged the effects of the Hon**i* Lord van der Capelle. In the
interim, deft. Andries Pos is ordered not to alienate nor estrange the
effects of Lord vander Capelle.
Cornelia Schellinger appears again in Court with Capt. Pos, de-
manding of said Pos delivery of her one cow, which he has not yet
delivered, saying she has agreed with Pos, that he should have one third
of the cattle, which he brought for her, and that he, Pos, for his share,
killed a whole ox, and she cannot get her cow. Deft, acknowledges the
same and promises to deliver the cow to the pltf., as soon as he has an
opportunity, saying that it was not favorable weather. Offers in case
the said cow has strayed away, to deliver another in its place. The Court
orders that deft, shall deliver pltf's cow on the first fair wind and weather;
if possible within the time of 8 days.
Hendk Hendrikx, Tailor, pltf. v/s Lubbert van Dincklage, deft.
Both in default.
Andries Jochemsen, pltf. v/s Pietcr Jansen, deft. Pltf. in default.
4H Court Minutes of New Amsterdam. [1655
Deft's wife appearing in Court, says, her husband is now a whole month
on the farm and he could not, on that account, come last Court day.
Acknowledges, to owe pltf. for some wood, but that she had divers times
said, he should draw from the Shore. Complaining, that pltf. has taken
away two skepels of wheat, which she had at W? Beeckmans MiU to be
ground. The Court allowed only first default against pltf.
Nicolaes Verleth, pltf. v/s Helletie Jansen, deft. Pltf. requests re-
stitution of two halfmoons with pearls, a large iron pot, a new coverlet
and some iron work of the bam, which belonged to him before the trouble
with the Indians and bought from them by the deft: On condition of
paying, what she gave for them. Deft, says, pltf. can get back what
ironwork there is. Acknowledges to have had two halfmoons with
pearls, which she sold for fl. 40. saying that one was given to her by a
captive among the Indians, and that she bought the other for 8 stiv.
Also that her husband bought a coverlet from the Indians for cloth for a
garment; besides a heavy iron pot and an old cloth coat for a cloth pilch
also, but maintains she is not bound to restore the same to pltf. Parties
being heard, the Court decide and order, that deft, shall deposit with the
Secretary of this City the goods of pltf., which she has had from the
Indians; and that within 3 days, then to be disposed of as to justice shall
appertain.
Michel Poulisen, pltf. v/s Anthony Gil, deft. Deft, in default.
Pltfs wife appearing in Court, prosecutes the arrest served on Jacob van
Couwenhoven for what deft, and his partner have with him ; for delivery
of wood belonging to her. The Court pronounced the arrest valid by
virtue of contumacy.
Adriaen Keyser communicates to the Court the decision of the com-
missioners relative to the difference of a/c between him and Jacob Haey,
with request that the Court would be pleased to approve the same.
Fiscaal Tienhoven requests Copy of the decision, which was granted
him by the Court and therefore postponed.
Cornelis Schudt appearing in Court [requests], that the Court would
please deliver judgment in the matter in question against Adriaen van
Tienhoven for two half ankers of brandy. The Court decide; whereas
Adrian Van Tienhoven has not exhibited any proof to this day, according
to order of the 22^ Nov: where or to whom he has delivered the two half
i6ss] Court Minutes of New Amsterdam. 415
aems of brandy in question, he is bound to pay the same to Comelis
Schudt, according to previous judgment.
On the revision of the judgment against Joost Van Beeck at the suit
of the maid Engeltie Hendricx is endorsed: On the complaint and
petition of Engeltie Hendrix presented in Court, the Bailiff is authorized
duly to execute the rendered judgment.
Pieter Rudolphus requests by petition, that he may on bail remove
the property arrested in hands of Abram Nickels in the claim of Jacob de
Long. Whereon was endorsed: Petitioner having stated, how much is
due him by Jacob de Long, disposition shall be made in this matter.
Meantime the arrest is declared valid.
Aryaen Woutersen appeared in Court with his wife relative to certain
two bibles, which are deposited with the Secretary according to order of
last Court day, which matter is deferred to next Court day.
Jannetie Melyn appeared in Court complaining against Andries Pos
for alienating and making away with her property. The Complainant
was ordered by the Court to enter her complaint duly in writing, when it
shall be disposed of.
Mattheus de Vos appeared in Court complaining, that Jacob van
Corlaer, whom he had summoned on the last Court day, has fled and
absconded from his arrest, and therefore has not appeared on the ap-
pointed day, conformably to the decision of the W. Court. Therefore the
Court administering justice condemn the abovenamed Jacob van Cor-
laer, deft., as they hereby do, to pay pltf. all such fl. 300. as Mattheus de
Vos furnished deft, here in N. Netherland, as appears by defts hand-
writing, and that with interest and costs incurred hereon.
Pursuant to order of date 15 Nov. last relative to the matter in ques-
tion between Paulus Leenderts van Grift and Johannes Nevius, concern-
ing the co-partnership in the little craft the New Love^ the witnesses are
called into Court and Covert Loockermans and Jacob van Couwenhoven
appeared, who confirmed their rendered declaration in Court with a
solemn oath. Done etc.
Monday 13 Decemb' 1655. In the City Hall. Ordinary Meeting.
Present the W: Heeren Allard Anthony, Oloff Stevensen, Johannes
[Nevius], Jacob Strycker, Johannes Verbrugge, and Jan Vinje.
4i6 Court Minutes of New Amsterdam. [1655
Jannetie Melyns, pltf. v/s Capt. Andries Pos, deft Relative to
difference about certain cattle, which pltf. has on Staten Island and
which deft, prevents her bringing hither; and also that deft, appropriates,
what pltf. still owns there, whereby she suffers great damage. Whereas
circumstances do not admit fully to establish the matter in question widi
proof of what the parties allege, the Burgomasters and Schepens have re-
ferred the case in dispute between parties to two impartial Arbitrators,
whereunto were requested and commissioned Sieurs Paulus Leendertsen
Van die Grift and Govert Loockermans, who are hereby authorized to
decide the difference of parties, after the examination of the question,
according as they in equity shall consider proper, but if they cannot
reconcile parties, they shall report in writing their opinion of the case to
the Board. Done as above.
Allard Anthony, pltf. v/s Adriaen Keyser, deft. Pltf. sues on a
Note dated 19 Sept^ 165- for the sum of 21 beavers and a book a/c of
fl. 47. 19. He has received, thereon, a Yawl for fl. 100. Zeewant, 14 lbs
of meat and 9 lbs of pork. He demands payment of the balance, with
damages and costs. Deft, acknowledges the note and book debt; there-
upon he has delivered the yawl @ fl. 100., 14 lbs of meat and 9 lbs of
pork @ fl. 7. 18; he says, he has paid Comelis Meljrn fl. 147 according to
assignment made by Comelis Melyn on Allard Anthony dated 10 Sept.
1652. Pltf. replying says, he did not accept the assignment of Comelis
Melyn. Denies having received the goods entered thereon. The Court
condemn deft., Adriaen Keyser, to satisfy pltf. for the balance of the
note and book debt within the term of 14 days, with costs, provided it
does not appear, that pltf. accepted the assignment; saving to Adriaen
Keyser his guarantee against Comelis Melyn, to whom he has advanced
the aforesaid fl. 147. Done, as above.
Whereas Johannes Nevius, as attorney of his father in law Comelis
de Potter, requests and is allowed rehearing of the judgment rendered by
the Court of this City, dated 18*!* Dec' 1654, concerning the matter in
question relative to the payment of -f^ part or share in the copartnership
of the vessel the JV^w Love^ required by the Directors thereof, the Court
of this City having examined at divers meetings, the matter, in case of
reconsideration, And by the declaration of three credible persons, collated
and sworn to in Court, in presence of party, that Comelis d* Potter has
i6s5] Court Minutes of New Amsterdam. 417
been a Partner in the said Ship and Equipage thereof for one two twenty
fifth part or share, and that nothing is shewn or exhibited by the afore-
named Nevius, to the contrary, except that his father in law writes and
denies being a partner for more than the sum of fl. 300. They have,
therefore, persisted in the previous judgment and accordingly condemn,
as they hereby do, the above named Johannes Nevius, in his quality
aforesaid, to hand over and pay the aforesaid f^ part or share in the
copartnership, to Paulus Leenderts, vandie Grift as attorney for the
Directors of the Association of the aforesaid little ship.
Paulus Leendert^ vandie Grift appears in Court in quality of attor-
ney for Sieur Charles Gabrie, requesting revision of the judgment ren-
dered on the 22*^ Novemb' last in the case of Daniel Teneur. Which is
granted him and he is ordered to institute the same on the next Court day.
Isaack de Foreest, pltf. v/s Dirck van Schellujrne, deft. Pltf. de-
mands payment, according to contract, for the purchase of land in the
village of Midwout, and is prepared to deliver the deed and conveyance;
with costs, damages and interest. Deft, being absent, answers in writing,
in which he mentions that some of the conditions, enumerated in the
contract, are still unfulfilled. The Court having heard the request and
written reply order deft. Schellujrne to report the unfulfilled conditions,
which he says are mentioned in the contract, and whatever he has further
to pretend, and that by the next Court day on pain of forfeiting all
further right. Done as above.
Jacob Schellinger, pltf, v/s Jacob van [Couwenhoven]. Deft, in
default.
Jacob Schellinger, pltf. v/s Lubbert van Dincklage, deft., requests,
that deft, shall shew, pursuant to order of the last Court day, by what
authority he has mortgaged the property of the Honble. Lord van der
Capelle according to their signed obligation. Deft. Dincklage answers
that he has writings of the Hon^ Lord to do the best with his goods and
effects, but that neither he nor any person, who signed the obligation,
has had particular authority to mortgage here the property of Lord Van-
der Capelle, but that he had bought and consequently marked altogether
the cattle and other things, which the obligation arises from. The Court
order pltf. Schellinger to produce by the next Court day further proof,
when other disposition shall be made. Done as before.
rou I.— ay
41 8 Court Minutes of New Amsterdam. [1655
Adriaen Blommaert, pltf. v/s Tomas Hall, deft. Deft, in default.
Hendrick Hendrickx, Tailor, pltf. v/s Lubbert van Dincklagen, deft.
Pltf. demands payment of the sum of fl. 600. on a note, dated 13 March
165 1, and, apart, the sum of fl. 124. 6. on a/c for making clothes and
monies disbursed. Deft, acknowledges the signature and obligation of
the demanded fl. 600. but regarding the fl. 124. says the same is too
much. Parties being heard, the Court have condemned deft. Lubbert
van Dincklage to pay, according ta obligation, the aforementioned sum
of fl. 600. Regarding the fl. 124. 6. in question for making clothes and
disbursements, parties were referred to two arbitrators and have thereto
invited and commissioned Aldart Coninck and Andries van der Sluys,
tailors in this city to examine the a/c of pltf. and if possible to reconcile
parties thereupon, or in default thereof to communicate their opinion in
writing to the Board.
Jan Rutgersen, pltf. v/s Andries de Sweet, deft. Both in default
Jacob van Couwenhoven, pltf. v/s Claes Jansen Ruyter, deft. Both
in default.
Teunis Kraey, pltf. v/s Jacob Clomp, deft. Deft, in default. Pltf.
prosecutes the arrest of what is in the hands of Hendrick Drummer for
the sum of fl. 62. and whereas deft, is in default, the arrest was pro-
visionally declared valid in consequence of contumacy and the pltf.
ordered to summon the deft, again.
Johannes Withart, pltf. v/s Cornelia Schellingers, deft. Both in
default.
Judith Verleth, pltf. v/s Tryntie Heymans, deft. Deft, in default.
Pltf. appearing in Court, prosecutes the arrest served on Wolfert Web-
bers for grain of Tryntie Heymans which is there. Requests, that the
arrest shall be declared valid by virtue of an obligation dated 8^ June
1655, signed by said Tryntie Heymans for the sum of fl. 47. The Court,
having seen the aforesaid obligation, have declared the arrest valid by
reason of contumacy.
The Heer Oloff departs.
Pieter Rudolphus appears in Court requesting by petition, that the
arrest on the goods of Jacob de Long remaining in the hands of A.
Blommart, be declared valid. Whereon was endorsed: — Ordered by the
Court, petitioner shall produce proof, that Jacob de Long has received
x^ss] Court Minutes of New Amsterdam. 419
the sugar for the goods given by him, when further disposition shall
be made herein.
On the complaint of Engeltie Hendricksen and the written relation
of the Bailiff Schellujrne, relative to the judgment rendered in Court by
the Bench against Joost van Beeck: The Court again adjudge, that the
sentence shall be enforced without delay and therefore order, that Officer
C. van Tienhoven shall assist the Bailiff in the execution of the said
sentence.
Capt Fran9ois Yyn appears in Court requesting issue of execution
in the judgment against Luycas Eldertsen. Whereon was endorsed: —
At the request of pltf. the Bailiff is authorized duly to execute this
judgment.
Nicolaes Verleth appeared in Court, requesting that Helletie Jansen
be constrained to deposit the property belonging to him, which she
bought from the Indians, pursuant to decision of the Court, dated 6 [DecT
last]. And whereas the above named Helletie Jansen is not now present
nor has deposited the goods according to said decision, the Court has
condenmed the said Helletie Jansen to deposit, pursuant to aforesaid de-
cision, with the Secretary of this City, the said goods, within 24 hours
herefrom; or in default thereof, the Bailiff was authorized to execute the
same. Done as above.
Whereas Christmas is at hand, the Court resolve and order that,
according to the custom of our Fatherland, no ordinary Courtday or
Meeting shall be held for 8 days after Christmas.
Saturday ji"? Decem*f 1655. In the City Hall. Present the W:
Heeren Comelis van Tienhoven, Allard Anthony, Oloff Stevensen, Jacob
Strycker, Johannes Verbrugge, and Jan Vinje.
The Superscription of the letter from the Director General and
Supreme Council was —
Honourable, right faithful The Schout, Burgomasters and Schepens
of the City of Amsterdam in New Netherland.
The Contents:
Honourable, Right faithful,
This serves only as accompaniment of the enclosed Ordinance which
j$ sent to your Honors in all haste, to publish and affix the same accord
420 Court Minutes of New Amsterdam. [1655
ing to its tenor. Herewith, Honorable, beloved, faithful shall we Com*
mend you to God's protection and remain
Your Honors' affectionate Friends
The Director General and Council of N. N.
Signed, By Order of the Same,
C. V. Ruyven
Secretary
Done Amsterdam, in N. Neth^
this last of December 1655.
Follows the Ordinance.
The Director General and Council of New Netherland. To all those
who shall see or hear these read — Health.
Whereas experience has manifested and shewn us, that on New Year's
and May days much Drunkenness and other irregularities are committed
besides other sorrowful accidents such as woundings frequently arising
therefrom, by Firing, Mayplanting and Carousing, in addition to the
unnecessary waste of powder, to prevent which for the future, the Direc-
tor General and Council expressly forbid that from now henceforward
there shall be, within this Province of New Netherland, on New Years
or May Days, any Firing of Guns, or any Planting of May Poles, or any
beating of Drums, or any treating with Brandy, wine or Beer; and all
such & greater dangers & mischiefs to prevent, a fine of twelve guilders
shall be imposed for the first offence; double for the second, and an
arbitrary Correction for the third — ^to wit one third for the poor, and one
third for the Officer and one third for the Informer. Further, all Subal-
tern Courts of Justice within this Province are hereby Ordered to Cause
this to be Published and affixed at the usual place and promptly to exe-
cute it. Done, at the Fortress Amsterdam, in New Netherland, this last
of December A* 1655.
Understood,
By order of the Hon**l* Lord D^ Gen* and
Supreme Council of New Netherland,
C. V. Ru)rven, Secretary.
Pursuant to the letter addressed to the Schout, Burgomasters and
Schepens of the City of Amsterdam in N. Netherland, this foregoing
Ordinance is published and affixed, this last of December 1655, after pre-
x655] Court Minutes of New Amsterdam. 421
vious Ringing of the Bell of the City Hall of this aforesaid City. Done
as above.
By Order of the Schout, Burgomasters and Schepens
of the City Amsterdam in New Netherland.
Jacob Kip, Secretary.
END OP VOLUME I.
>
II
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