974.702
N421fer
v,2
1656-1658
1204207
GENEALOGY COLLEGTION
ALLEN COUNTY PUBLIC LIBRARY
3 1833 01147 9810
THE RECORDS OF
NEW AMSTERDAM
-•■ — ^ —
FROM 1653 TO 1674 ANNO DOMINI
EDITED BY
BERTHOLD FERNOW
MEMBER AMERICAN HISTORICAL ASSOCIATION ; HONORARY RESP.
CORRESPONDING MEMBER NEW YORK GENEALOGICAL SOCIETY, HIS-
TORICAL SOCIETIES OF NEW YORK, PENNSYLVANIA, NEW JERSEY,
VIRGINIA ; BUFFALO, N. Y. ; WATERLOO, N. Y.; AND DALLAS, TEXAS.
w
yOLUME H;
MINUTES OF THE COURT OF
BURGOMASTERS AND SCHEPENS
1656 TO AUG. 27, 1658, INCLUSIVE
PUBLISHED UNDER THE AUTHORITY OF
THE CITY OF NEW YORK
trbe ffnicfterbocf^er iprcss
MDCCCXCVII.
COPVRIGHI', 1S97, BV
THE CITY OF NEW YORK
Ube *nicf!crbocl5er press, Hew yocft
'Q5 I H
^ COURT MINUTES OF NEW
J AMSTERDAM
/I 1204207
ANNO 1656.
Monday the 3? January, In the City Hall, Present the W: Heeren
Cornelis van Tienhoven, Schout, Allard Anthony and Oloff Stevensen,
Burgomasters; Jacob Strycker and Jan Vinje, Schepens.
Johannes Withart, pltf. v/s Cornelis Schellinger, deft. Both in
default.
Cornelis Schudt, pltf. v/s Willem Beekman, deft. Pltf. as attorney
of Sieur Nicolaes van Beeck according to procuration passed before the
Notary Wil"? Hansen at Amsterdam and certain witnesses, dated 12
March 1654, demands in the aforesaid quality payment of what deft,
owed upon an a/c to Sieur Joh: Van Beeck, decf Deft, says, he is
willing to pay unto pltf. in his capacity aforesaid whatever balance he
owes, but as Sieur Joost Van Beeck forbade him to pay any person
except himself, he therefore requests that the Court would be pleased to
order to whom he should pay. The Court orders pltf. Corn' Schut to
cause Joost Van Beeck to be summoned by the next Court day, to give
reasons, why he interdicted Sieur Beeckman from paying pltf. in his
quality aforesaid.
Jacob Steendam, pltf. v/s Adriaen Woutersen, deft. Pltf. says, he
sold a house and lot to deft, as described at public sale, and that deft,
requires now more length and breadth, than are mentioned in the condi-
tions; requesting that he be condemned to pay according to the condi-
tions. Deft, excepts; demands copy of the terms of sale. The Court
granted deft, copy of the conditions, to answer thereunto by the next
Court day,
Adriaen Blommart, pltf. v/s Tomas Hall, deft. Defts. 2*? default.
2 Court Minutes of New Amsterdam. [1656
Pltf. appears in Court according to procuration given to him by the heirs
of dec'? Jan [Jansen Danien] before the Notary Jan van Veckhooven at
Utrecht and certain witnesses, dated lo'.'' March 1655, to recover and re-
ceive what belongs to them by inheritance; and whereas the aforesaid
Hall is Administrator, requests that he shall be condemned to hand over
and pay the monies, which are mentioned in the said procuration as be-
longing to the heirs being, according to the list, to the amount of fl. 5300.
The Court having seen the aforesaid procuration and specification of the
inheritance, have condemned deft. Tomas Hall, as administrator of the
effects of Jan Jansen Damen dec*?, by virtue of the 2"? default, to deposit
the demanded sum at the Secretary's office of this City within the term of
14 days. Done, as above.
Isaack de Foreest, pltf. v/s Dirck van Schelluyne, deft. Pltf. per-
sists in his aforesaid presented demand, that deft, be condemned to pay,
the rather as he deft, sold the said land twice and received payment
therefor. Deft. Schelluyne, being absent, causes a written answer from
him to be delivered. The Court granted default against deft. Dirck
Schelluyne, and ordered that the Messenger summon him, in the Name
of the Court to appear personally by the next Court day, he being in this
place, when final disposition shall be made in the case.
Styntie Harmans, pltf. v/s Jacob van Couwenhoven, deft. Deft, in
default. Pltf. appears in Court prosecuting the arrest placed in the hands
of the executors of Kees van Dort dec^ for her wages earned from Cou-
wenhoven, being a balance amounting to the sum of fl. ^Si- The Court
provisionally declared the arrest valid by right of contumacy and orders
pltf. to have the deft, summoned once more.
Jacob Barsunsom, pltf. v/s Maryn Luyckersen, deft. Pltf. says,
he gave deft, twelve pairs of shoes and one beaver to purchase butter for
him therewith, at the North; towit at the rate of 10 lbs. of butter for one
pr of shoes, or to return the same. And whereas deft, has sold the
shoes there and will deliver him, now, only fl. 3. per pair, and he could
easily have sold the same here at fl. 4. requests delivery of butter or resti-
tution of goods. Deft, acknowledges to have received the twelve prs
shoes and i beaver to trade away, for pltf., for butter or wheat at the
North, without fixing a price; saying he received no butter therefor, and
offers to pay pltf. in maize or zeewan @ fl. 3 per pair, and as he expended
i6s6] Court Minutes of New Amsterdam. 3
the beaver offers to give another in its stead, so that the difference only
is to be calculated between 3 and 4 gl. the p^ of shoes. Parties being
heard, the Court condemns deft, to pay for the shoes in good Zeewan at
4 gl. the pair and to restore the beaver, inasmuch as he brought with him
butter from the North, and has neither paid nor satisfied pltf. up to the
present day.
Luycas Eldertsen, pltf. v/s Carsten Jansen, deft. Deft, in default,
AUart Anthony requests order of execution of the judgment against
A. Keyser dated 13* Dec. 1655. Whereon was endorsed: — On the
request of pltf., the Bailiff is authorized to execute the aforesaid judg-
ment.
Sieur Paulus Schrick appeared in Court requesting order of execu-
tion of the judgment of the Court dated 8 Sept' 1653 against Teunis
Kraey. Whereon was endorsed: — On the request of pltf. presented in
Court the Bailiff is authorized to execute the aforesaid judgment. Done,
as above.
Adriaen Woutersen and Catalyntie Ver Beeck, his Wife, appear in
Court requesting, that their two bibles might be delivered to them, which
were bought by Webbers wife from the Indians and belong to them ac-
cording to the hand writing therein, and which are deposited with the
Secretary. The Court orders, that Webbers wife shall be called on to
state by next Court day, what expenses and costs she incurred about the
said books, when further disposition shall be made therein.
A: Keyser requests by petition quick [despatch] relative to the de-
cision of arbitrators in the matter in question between him and Jacob
Hay. Whereon was endorsed: Inasmuch as Schout Tienhoven has
asked and still requires copy of the decision petition' is ordered to make
a copy of the same and place it in his hands to answer thereunto in
writing by the next Court day.
On the request by petition of Tryntie Jacobsen, relative to the debt
of Paulus Heymans' wife, the Court Messenger is ordered to summon the
said Tryntie Heymans in the name of the Bench by the next Court day.
The written report of the Bailiff, relative to the execution of the
judgment against Luycas Eldertsen, the wife of Paulus Heymans and
Gillein Jansen, made separately to the Court, being examined, it is
resolved to postpone the execution to further order and opportunity.
4 Court Minutes of New Amsterdam. [1656
The Schout representing orally in Court that the Commissioners had
not as yet, pursuant to their appointment dated 29. Nov- last, taken in
hands the residuary property of Lyntie Martens; also that a negro was
residing with the Widower of Lyntie Martens and working for him ; that
a certain number of hogs are straying wild in the woods in the neighbour-
hood of the bouwery, where she dwelt; all which is prejudicial to the
creditors, whether preferred or concurrent, requests, that Burgomast" and
Schepens dispose hereof as in duty bound.
The Burgomasters and Schepens, having heard the remonstrance of
the Schout, say, the Secretary reports, that inventory is taken at the
instance of the commissioners; and Secretary Kip was ordered to place
copy of the inventory in the hands of the requirant, and with advice of
the same, after perusal of the inventory, to give order for the catching of
the hogs, which are straying in the woods, and to cause the negro to
come hither; in order to hear then the requirant about the remaining
creditors and each, whether he be preferred or concurrent, to do justice
to as shall be found right. Done as above being 3^ January 1656.
Monday, the 10 Jan'y 1656. In the City Hall. Present the Wor-
shipfl Heeren Cornells van Tienhoven, Allard Anthony, Oloff Stevensen,
Joh. Van Brugge, Jacob Strycker, and Jan Vinje.
Allard Anthony, pltf. v/s Francois Doudey [Douthy], deft. In case
of arrest for the sum of fl. 135. 3. 8. in tobacco, besides inspection and
weighmoney. Deft, acknowledges to owe as much, as the a/c shews,
which was delivered to him by pltf. Maintains he is not bound to pay in
tobacco, but says, that he promised to satisfy with this years crop of to-
bacco. Requests time until he can bring the tobacco here from Flush-
ing; or offers to pay now, down, in ordinary pay, being Zeewan; or to
give bail to deliver the tobacco here on the first favorable weather that
breaks up the Kill near Flushing. Parties being heard, the Court have
pronounced the arrest valid, until deft, shall give sufficient bail for the
delivery of the aforesaid tobacco, to deliver the same here on the first
favorable weather, as proposed, or within a month from date.
Tryntie Heymans being summoned by the Court to the meeting rela-
tive to Tryntie Jacobsen's claim, according to petition, for fl. 9. for wages
and monies disbursed, appeared, acknowledged to owe fl. 9., promising
1656] Court Minutes of New Amsterdam. 5
to pay the same this week. The Court therefore orders, that Tryntie
Heymans shall pay Tennis Jacobsen the aforesaid fl. 9. forthwith, without
delay or exception on pain of immediate execution.
Luycas Eldertsen, pltf. v/s Carsten Jansen, deft. On a question of
rent, which pltf. demands and deft, says he does not owe. Parties being
heard, the Court refer them to two impartial persons, whereunto were re-
quested and commissioned Toliias Hall and Abraham Verplanck who are
hereby authorized to decide the matter, after examination, as they shall
find to consist with equity, or in case they cannot reconcile parties, to
send in a written report to the Board.
Cornelis Schudt, pltf. v/s Joost van Beeck, deft. To explain by
order of the last Court day, why he forbade Willem Beeckman to pay
him pltf. (according to his power of attorney), what he owes Johannes
van Beeck dec^. Deft, appearing in Court answers, that he did not
forbid Willem Beekman to pay Cornelis Schut, but that he should not pay
the Widow Maria Verleth and says, he is content that Will™ Beekman
should pay Corn. Schut, what he owes Joh: Van Beeck dec"? Therefore
the W. Court orders Will" Beekman to pay Corn! Schut, according to
his offer last Court day, what he might owe to Johann: van Beeck dec^
Teunis Kraey, pltf. v/s Jacob van Corlear, deft. Deft, in default.
Pltf. appeared in Court to state that he has arrested deft, here within this
City and complains that he went away notwithstanding said arrest. The
Court granted default.
Isaack de Foreest, pltf. v/s Dirck van Schelluyne, deft, Pltf. making
his demand orally, requests payment of fl. 412. 10. in beavers for sale of
his land in the village of Midwout according to contract, inasmuch as
deft, has twice resold the aforesaid land. Deft, persists in his aforesaid
written answer and hands in, besides, a statement to the Court, acknow-
ledging orally that he sold the aforesaid land, which was assigned by the
first purchaser to him, to whom it was again sold and he has received the
first instalment from the same. The Court having heard and examined
the oral demand, and the oral and written answer and deduction of deft,
together with the contract, find that the aforesaid land has been twice
sold since the first purchase by the deft, and disposed of without making
any distinction. They, therefore decide, that the exceptions alleged by
the deft, cannot avail, and consequently have condemned deft., D. van
6 Court Minutes of New Amsterdam. [1656
Schelluyne, to pay the last instalment, according to contract, as soon
as the pltf. shall have executed the conveyance, and that in good mer-
chantable Zeewan; inasmuch as it does not appear, that pltf. has offered,
or executed unto deft, the conveyance, according to contract, when the
last instalment fell due.
Pieter Dircksen Waterhout, skipper of the ship, New A?nsterdavi,
pltf. contra Cornelis Schudt, Merchant here, deft. Pltf. making orally
his demand, requests payment of freight, amounting to the sum of fl.
274. in beavers, for goods brought by aforesaid ship and delivered to deft,
according to the bills of lading thereof. Deft, answers: that he acknow-
ledges to stand indebted to the aforesaid skipper, as pltf. in the sum of fl.
274. for freight and board as well of merchandize as for passage of the
Cooper and Martin Albertsen; maintaining not to owe the aforesaid sum
in beavers, but truly in such current money as passes here, which is
Zeewan and which goes, in payment, between man and man: Offers to
pay in Zeewan, on condition that he shall deduct all such loss and
average as have been suffered in his liquors. The Court having heard the
demand and answer of parties, together with the claims and allegations
on both sides, find that the skipper is founded in his demand, inasmuch
as it has been the custom in this country, from the time that private per-
sons have traded hither, that all freights must be paid to the skippers in
Beavers at the market price; the rather as no money circulates in this
country among the common people but Zeewan, being beads that must be
traded with the Indians, and a year and a day can expire before beavers
are bartered therefor. Also that it is inconvenient for the skippers to
wait Avith vessels for that return, and to discourage the freighters and
skippers to send vessels with freight to this country, the aforesaid ancient
custom cannot derogate, for the profit of private individuals, to the preju-
dice of the Commonalty. Therefore they condemn deft, to pay pltf. his
demand in beavers according to the custom in usage in this country, on
condition, that the skipper deduct such damage as he, the deft, shall
prove his goods have sustained in the aforesaid ship by neglect of the
skipper or his crew. Done etc.
Adriaen Blommart, pltf. v/s Tomas Hall, deft. Pltf. persists in his
demand made on the last Court day, requiring from deft, payment of fl.
5300, which belong to the heirs of Jan Damen dec'?. Deft., Tomas Hall,
1656] Court Minutes of New Amsterdam. 7
answering in writing, to the demand and judgment of deposit, says, that
there are, besides him, three other curators, who ought as well to be
spoken to and are as accountable as he; maintaining, that the action does
not concern him in particular and that he is not bound to vindicate, ex-
hibiting the procuration, which the heirs gave them; but says he is ready,
with the other curators to give pltf., in his quality, proper account,
exhibition and satisfaction of their administration, on condition, that
they shall give them a full acquittance. The Court having heard the de-
mand and the offer of deft, order the parties, on both sides, each to
chuse an arbitrator, to examine, with all diligence, the a/cs. and if pos-
sible to settle the same and then to grant full acquittal.
Lysbet Tyssen, pltf. v/s Jan Cornelissen, deft. Pltf. demands
balance of eleven guilders, being the first half years rent and says an
agreement has been made for fl. 70. for the second year to next May,
which must be paid every half year, and now a full half year is due and
she has not yet received any money. Deft, acknowledges the debt; says
he has not refused the rent. Complains, that the roof etc are not tight
nor tenantable. Pltf. replies, if deft, has experienced any damage or
injury in the house, he must have it repaired or still repair it, and bring
the same in a/c as deduction from the rent, as he has done with other
things, or pay her what she had caused to be done. Parties being heard
the Court condemns deft, to pay pltf., without delay, the rent due, and if
any repairs be necessary, pltf. shall have them done according to
contract.
Mary Geraerdy, pltf. v/s Andries Hoppen, deft. Deft, in default.
Paulus Heymans, pltf. v/s Wolfert Webber, deft. Pltf's wife ap-
pears in Court, exhibiting the written request and demand of her husband
relative to certain grain belonging to her, which is at deft's house. Deft.
Wolf. Webber answers, that about 8^ skepels of wheat, i^ skepels of
barley, i^ sk. of white peas, and ^ skepels of gray peas, have been got
from pltf's straw; declaring on his word, as a man, that no more has
been obtained therefrom. Denies what pltf. states in the written demand
relative to certain agreement. Requests proof. Pltf. undertakes to
prove, that more grain was thrashed from her straw, than deft, admits,
whereunto time was allowed her to the next Court day.
Auke Jansen, pltf. v/s Paulus Verbeeck, deft. Both in default.
8 Court Minutes of New Amsterdam. [1656
Jan Rutgersen, pltf. v/s Broer Jansen, deft. Both in default.
Govert Loockermans, pltff, v/s Arent Willemsen, deft. Deft's wife
appeared in Court with pltf. and whereas deft, is here well and in good
health, Default was granted against him and it was ordered that he ap-
pear in person.
Hend'k Jansen, pltf. v/s Jan Evertsen Bout, deft. Deft, in default.
Wolfert Webber and Catalyntie Verbeeck appeared in Court relative
to the two books, which are deposited with the Secretary and mutually
request the Court to be pleased to grant decision on the same. Webber
requests, that the books be given to his daughter, as the Indians pre-
sented them to her, when in Captivity, and she carried and dragged them
a long time over and hither. Catalyntie Verbeeck requests, that the two
books be given to her as they belong to her according to the hand-
writing therein, being prepared to make good the four packs of cards
which Webbers wife gave for them. She likewise proves by declaration
of the widow of Adriaen Van Donck, deceased, that they are her books,
which the Indians took from Ver Doncks house. The Court having
heard and examined the allegations on both sides and the proofs ex-
hibited by Catalyntie Verbeeck, decide that the two books in question
being two old Bibles of small value, belong to Catelyntie Verbeeck and
shall be given to her, on condition that she previously shall pay and give
to Webbers daughter the sum of five guilders for the carrying of, and
incurred trouble with, the said Books.
Jacob Barsunsom appeared in Court; complains that Maryn Luyck-
essen, who was condemned, on the last Court day to pay him, offers
Zeewan which he can [not] dispose of. Requests, that the Court be
pleased to order as they shall find equitable. On the request of the
Comparant the Court has ordered Maryn Luyckesen to deposit the money
within 24 hours with the Secretary, on pain of Execution.
Adriaen Keyser appears ,in Court requesting the despatch of the
matter in question between him and Jacob Haey. Schout Tienhoven
says, that the copy of the decision was first given him, according to order
on the evening of last Saturday, and therefore he has not answered it.
The matter was, consequently, postponed to the next Court day.
Nicolaes Verleth appeared in Court about the goods, which Helletie
Jansen should have deposited pursuant to the order of the Court. Peti-
1656] Court Minutes of New Amsterdam. 9
tioner was referred to the Hon"'!* D' General, who promised for Heletie
Jansen to help petitioner to his goods.
Engeltie Hendricx appearing in Court complains, that she cannot yet
obtain the balance of her wages from Joost Van Beeck. Whereas the
Court was informed that she, the petitioner, was satisfied according to the
judgment, it is ordered, that enquiry shall be made into the matter and
care taken that petitioner shall obtain what belongs to her.
On ii'?* Jany Maryn Luyckessen deposited, according to order, and
for the behoof of Jacob Barsinsom, one beaver and fl. 48. in Zeewan.
On the 12'.'' January Jacob Barsinson accepted and received the
beaver and Wampum.
On the above date, Catalyntie Ver Beeck deposited the fl. 5. accord-
ing to order for the bibles, and took them with her.
On the 13'.'' January Webber accepted and received for his daughter
the fl. 5. deposited for the books.
Monday, 17 Jan^ 1656. In the City Hall. Present the Worshipful
Heeren Allard Anthony, Oloff Stevensen, Jacob Strycker, and Jan Vinje.
Hans Dreper, pltf . v/s Adriaen Keyser, deft. Pltf. says, he gave deft,
last year, a letter with a beaver, which Lourens Jansen was to take with
him to Holland to buy something with it there, which beaver he, Keyser,
did not deliver to Lourens. Requests restitution of said beaver. Deft.
acknowledges to have received the letter with the beaver and that he un-
dertook to hand the same to Lourens; he says, that when they went in the
yachts to the ship he took the same along, but as he could not get on
board, he delivered the letter and beaver, but does not know into whose
hands they were put. Maintains that he is not bound to restore the same,
as he went in the boat only for pleasure. Parties being heard, the Court
ordered deft. Adriaen Keyser to prove in whose hands he put the letter
and beaver, or in default thereof to give the pltf. another beaver.
Jacob Schellinger, pltf. v/s Adriaen Keyser, deft. Pltf. demands
payment of balance of an a/c of fl. 30. 12. Deft, acknowledges the
debt; offers to pay him by an offset against pltf's mother-in-law, saying
that pltf accepted the same. Pltf. says, he is content with the offset
against his mother, as she offers to pay the same. Therefore deft, was
ordered to speak to pltf's mother about it and to cause her to accept, or
otherwise to pay pltf.
lo Court Minutes of New Amsterdam. [1656
Adriaen Keyser, pltf. v/s Jannetie Melyns, deft. Deft, in default.
Govert Loockermans, pltf. v/s Aert Willemsen, deft. Pltf. says he
hired to deft, his scow with grapnel line and appurtenances, and that in
returning the scow he did not deliver ihe grapnel and rope that were
attached. Requests that deft, be condemned to restore him grapnel
and rope. Deft, answering orally and in writing acknowledges to have
hired from the pltf. the scow and furniture, but says, the scow lying at
anchor at the Beaver Path * was taken one Sunday, during the sermon
from the shore, by the crew of The Shark and when he, on the following
Monday brought it back, he found the grapnel and rope missing. Main-
tains, therefore, that pltf. ought to ask the grapnel and rope from the
skipper of The Shark or her crew, and he is not bound to restore or make
good the same. Parties being heard, the Court order the deft. Aert
Willemsen shall prove, on the next Court day his answer by witnesses.
Evert Duycking, pltf. v/s Jacob Schellinger, deft. Pltf. says, he had
repaired for deft, a glass window at Martin ? which he broke, and that he
had agreed with deft., that for the insertion of the same he should pay him
the odd account they had together of fl. 2. And says that there is still
coming to him fi. 6|. for a window, which he recently had fixed for him
in his house here, besides, also, fl. 5. balance of a window, which he
made in his house for deft's predecessor Jacob Loper on Staten Island.
Requests, that deft, be condemned to fulfill all the above in good pay,
saying that deft, has given him Zeewan, which he could scarcely dispose
of. Deft, acknowledges to have agreed about the first, but maintains
that he is not solely bound to pay for the window, as there were others,
who helped to break it. For the second, acknowledges the debt of fl. 6|.
^rdiy regarding the claim of Jacob Loper dec'? says, pltf. ought to have
spoken to him before ^and instituted his action. Maintains he is not
bound to pay now. Parties being heard, the Court condemns deft. Jacob
Schellinger to pay pltf. the demanded sum of fl. 2. ; of 6i; and of fl. 5. in
good merchantable beaver.
Pieter Dircksen Waterhout, pltf. v/s Cornelis Schudt, deft. Pltf.
demands payment of 12 beavers and fl. 2. in Zeewan balance of freight
pursuant to previous judgment. Deft, answers and first requests repara-
tion of damage suffered in his merchandize in pltfs ship, according to
* Now Morris Street.
1656] Court Minutes of New Amsterdam. 1 1
judgment. Secondly, says deft. : pltf. purchased, from Skipper Lourens,
meat which belonged to him, and was delivered to pltf. by skipper
Lourens for his, deft's a/c. and therefore can set that off against the de-
manded payment. Pieter Dircksen denies, that skipper Lourens had
informed him, the meat belonged to Corn! Schudt, or must be paid for to
him; but, on the contrary agreed, that he should receive the said meat
in deduction of a/c, which he (according to procuration) had with
skipper Lourens. Adding that he could have received elsewhere the
meat at a lower price. Parties being heard, the Court refers the matter
in question between the parties, relative to the average, to two arbitrators,
and thereto invited and commissioned Pieter Cornelisz Van Veen and
Pieter Jacobs: Buys, who are hereby authorized to reconcile them if pos-
sible on this matter otherwise to report to the Board. Relative to the
further question between parties the Court orders deft. Cornelis Schudt
to cause Lourens Cornelissen to be summoned by the next Court day to
prove his statement.
Pieter Dircksen Waterhout, pltf. v/s Warnaer Wessels, deft. Deft,
in default.
Pieter Jacobsen Marius, pltf. v/s Jacob van Couwenhoven, deft.
Deft, in default.
Pieter Jacobsen Buys, pltf. v/s Claes Van Elslant, the younger, deft.
The Elder appears (in absence of the younger) in his son's stead. Pltf.
says, that he gave young Elsland in the year 1652 about June, some
goods to sell for him at auction and says the same being sold for about fl.
60. he to this day has been unable to receive his payment. Requests,
that deft., who delivered the goods, shall be condemned to pay. Old
Elsland says that pltf. gave his son some — to be sold for him at vendue,
and that he promised to give him one guilder for his trouble, but that the
goods were sold by Carel van Brugge* as vendue master: maintained
that the vendue master, not he, is responsible for the payment.
Claes van Elslant, pltf. v/s Carel van Brugge, * deft. The Court
* This man, an Englishman, called Charles Bridges, visited New Amsterdam as
supercargo of the ship White Raven, coming from the West Indies in 1639, ^"^ i^ ^^-14
he was appointed Member of the Council and Storekeeper in Cura9ao, where he was first
called Carel van Brugge. He came to New Netherland with Stuyvesant in May, 1647,
was made Commissary at Fort Orange Novbr. 1647, Commissary of the Provincial Ac-
12 Court Minutes of New Amsterdam. [1656
ordered that C. van Elslant shall cause Carel van Brugge to be summoned
for the next Court day, to prove that he delivered the goods to Van
Brugge and that the same were sold by him.
Hendrick van Naerden, pltf. v/s Jan Evertsen Bout, deft. Pltf.
demands payment of a balance of 3 beavers, half a barrel of small beer,
and one guilder in Zeewan, for timber cut for, and taken by the deft.,
whereon one beaver has been received, which is not good and can no
where be disposed of. Deft, acknowledges to be still indebted 17 gl. to
pltf. when he puts laths into his house in the village of Midwout; offers
one beaver in Court. But says as he must, in consequence of these
troubles with the Indians, remove the house standing in the town of Mid-
wout, and as he is still prevented from proceeding, he maintains that he is
not bound to pay before the house is finished. Pltf. acknowledges, that he
is obliged to lath the house, but says that it has not occurred through his
neglect. Parties being heard, the Court decides that, inasmuch as deft,
is obliged to remove his house, and is prevented from proceeding there-
with by the lathing, deft, shall wait for the remaining payment until the
house, being removed, is lathed, which deft, says, shall be as soon as the
severe winter season has passed; but that the beaver which he, the pltf.
has given deft, and which is worthless shall now be exchanged by him.
Solomon d' la Scheer's wife appeared in Court [with] a certain box
of white stringed Zeewan to the amount of fl. 84. 3. complaining, that
Warnaer Wessels the [farmer] of the Tapsters' excise, refuses the same,
and will not [give] any license. And whereas she is obstructed in her
business requests the Court to decide if the same be good Zeewan or not,
and to order him, accordingly, to receive the same and not to impede her.
The Court decides, that the Zeewan, exhibited by petitioner is good mer-
chantable Zeewan, and has, therefore, sealed the same in Court,
counts in 1651 and Provincial Secretary and ex officio Venduemaster in 1652. He held
this office until Novbr. 1653, and appears in various official positions during the next
years. When the English took New Netherland he resumed his English name, appearing
under it as one of the patentees of Flushing, With the return of the Dutch in 1673, he
became again Carel van Brugge and was appointed Clerk of the English Towns on L. I.,
now Queens Co., residing at Flushing, where he died in August 1682. His wife was
Sarah, da. of Thomas Cornell of Westchester, often called Cornelis, and widow of
Thomas Willett of Bristol, England. She survived him and married subsequently John
Lawrence, Jr., of Flushing, L. I. — E. O'C.
1656] Court Minutes of New Amsterdam. 13
Lysbet Tysen appears in Court complaining, that she cannot receive
yet the fl. ii. from Jan Corneiissen for rent, according to judgment,
requesting, the Court to aid her, that she be provisionally paid the fl. ii.
The Court considering the present circumstances of the petitioner orders
the abovenamed Jan Corneiissen to pay the aforesaid fl. ii. within 24
hours, or in default thereof further disposition shall be made therein.
On the complaint of Engeltie Hendricx in Court, the Bench orders
the Officer, again, to execute the judgment against J. Van Beeck.
Tomas Griddy appears in Court complaining, that he cannot obtain
any satisfaction from Borger Jorissen conformably to the award of the
arbitrators appointed by the Court relative to their civil suit; whereupon
Borger Jorissen, being called in Court, says that Griddy has not surren-
dered the house according to agreement, but on the contrary alienated
the planks and other property, which were in the house, as shall appear
by the inventory taken by the Notary Schelluyne. Griddy denies the
same: says he has fulfilled the agreement on his side. The Court orders
parties on both sides to produce, on the next Court day, their statements
and allegations in writing and to prove the same.
On the petition of A: Keyser for despatch of the matter between him
and Jacob Haey, default was granted against Schout Tienhoven, as he is
absent, and has not answered; and 't is ordered that he shall be sum-
moned to answer at the next Court day, when final disposition shall be
made.
Copy.
Petrus Stuyvesant, on the part of the Noble High and Mighty Lords
States General of the United Netherlands, and the Honble Lords Directors
of the Privileged West India Company, Director General of New Nether-
land, Curacoa, Buenaire, Aruba and their dependencies, with the Hon""!^
Supreme Council, To the Court Messenger, Claes van Elslant hereunto
requested, Health! Whereas Pieter Dircksen Waterhout skipper of the
ship Neiu Amsterdam has been received by US in case of appeal, over and
regarding the judgment pronounced by the Court of Amsterdam in New
Netherland, dated 75 Oct'* last, between him and David Frere, a Jew;
whereas the said Pieter Dircksen is, by the aforesaid judgment con-
demned to fulfill to the said David Frere his signed bill of lading of 40
* See entry of the iSth Oct., 1655.
14 Court Minutes of New Amsterdam. [1656
ankers of distilled waters, notwithstanding he has shewn and proved, that
he delivered the said ankers from the ship into the Hon""!* Company's
Store; whereas he, also, says, the greater part of the cargo in the ship
navigated by him has been delivered by or for Adriaen Blommaert to
Abraham Staets and whereas he requests our intercession, Therefore We
hereby charge you to summon, in the name of the Supreme Court, the
said David Frere to appear or to send an attorney before US here in Fort
Amsterdam, on the iS'!* instant, to see US annull or disallow the sentence
aforesaid, to sustain the same, or to reverse it, as his good counsel shall
direct, notifying those of the Court aforesaid to appear, or send attornies
on the aforesaid day, if they so please, and this matter in any way con-
cerns them, commanding, farther, in the name as aforesaid, the above-
mentioned attornies and cited persons neither to attempt nor to invent
any thing to the prejudice of the aforesaid appeal, but on the contrary, if
they have attempted or invented aught therein, the same to repair and to
place in its first and proper state. Leaving authentic copy for the use of
the abovenamed David Frere, and advising US of what has occurred to
you. Given in the Fortress Amsterdam, in N. Netherland under Our
Seal, Paraphure and the Signature of Our Secretary, the 4'.'' January
1650. Was Subscribed
P. Stuyvesant,
Under Stood: By order of the Right Hon*"'.* D^ Genl and Supreme
Council of N. Netherl"?
Signed Corn- Van Ruyven Secretary,
On one side stood: The Provincial Seal, impressed on Red Wax.
Return : —
On the 13* Jan'y 1656, have I, Claes van Elslant, Court Messenger,
served on the Burgomaster AUard Antony, the Mandamus of Piet^ Dirck-
sen Waterhout. Done at Amsterdam, was Signed,
Claes van Elslant, Court Messenger.
In pursuance of the above Mandamus and Return of Summons, the
Hon".* Allard Antony, present, is by plurality of votes appointed by the
Court of Burgomasters and Schepens to hear the pronounced judgment
confirmed or amended.
On the proposal of the President relative to the [insinuation] served
on this Court by the wife of Joost Van Beeck touching the judgment
1656] Court Minutes of New Amsterdam. 15
against her, it is Resolved that the ofificer shall cause the abovenamed
[Van Beeck's] wife to be summoned against the next Court day before
the Schepens to hear her thereupon; and (then deeming it necessary) to
refer the case to the Hon''!^ D' Gen'l and Council for confirmation
before this tribunal.
Further, and finally, is it Resolved to present the following petition
to[^the Hon'''.'' Director General and Supreme Council: —
To the Right Honorable Director General and Supreme Councillors
of New Netherland.
The present Burgomasters and Schepens of the City of Amsterdam
in N. Netherland communicate with due reverence and respect: —
That it was resolved, at your petitioners' assembly dated 28* June
1655, for the raising some funds for the supply of some necessary works
and^expenses of this City to fix as follows: —
For Stamping of the Skepel 15 stivers ;
' ' Marking the Ell 20 "
' ' Stamping the tun or half barrel 10
'' quarter " 5
" every can, large or small, 6 "
' ' the 10 lbs weight 3
" " 10 @ 20 lbs 5
" 20 @ 50 " 8
Above 50 " 10 "
And that every tavernkeeper shall take out quarterly a license and
pay therefor six guilders.
And whereas for some reason it has been postponed to this date to
your Honors approbation of the same, the petitioners therefore request
now, that Your Honors would please to approve of the aforesaid proposal
for the benefit of this City, in order to carry the same into effect on the
first opportunity. Awaiting hereupon Your Honors' favorable disposi-
tion, we remain Your humble Servants The Burgomasters and Schepens
of the City of Amsterdam in N. Netherland (Signed) Allard Antony,
Johannes Van Brugh, Jacob Strycker, J. Vinje.
Done this 17 January 1656. Amsterdam in New Netherl"?
Fiat ut petitur. Done in our Assembly held in the Fort Amsterdam
i6 Court Minutes of New Amsterdam. [1656
in New Netherl'? the iS'!* Jan'y Anno 1656. Was subscribed — P. Stuy-
vesant.
Understood : — By order of the Rt. Honble. Director Genl. and Su-
preme Council.
(Signed) C. Van Ruyven, Secretary.
To the Right Hon'^I' the Director Gen'l, and Supreme Councillors
of N: Netherland.
The Present Burgomasters and Schepens of the City of Amsterdam
in New Netherland communicate with due reverence and respect: —
Whereas according to instruction given to this City, the election of
Burgomasters and Schepens occurs annually on Candlemas Day, and,
according to the custom of our Fatherland and the privilege of the sur-
rounding Towns within this Province, a double number of the same is
named by the ruling Burgomasters and Schepens, in order that, there-
from, a single number should be selected by Your Honors, Therefore
your petitioners request as the election is now at hand, that you would
please to confer on this City such privileges as the surrounding towns
enjoy, and, consequently, to consent that the petitioners might nominate
a double number of the new incoming Burgomasters and Schepens of this
City, then, at the usual time to select and confirm a single number there-
from. Awaiting, hereupon, your favorable disposition, we Remain,
Your Subjects and Servants The Burgomasters and Schepens of the City
of Amsterdam in New Netherland, Was Signed, Allard Anthony, Oloff
Stevensen, Johannes Van Brugh, Jacob Strycker, J. Vinje.
Endorsement : —
On account of the distance of the places and because the Director
General and Council cannot always^ be present, and therefore cannot
themselves have any knowledge of the fitness of the persons, has the
nomination been conferred on the other Subaltern Benches of justice ;
on condition that the ruling (Magistrates) be beforehand nominated,
for the D! Gen'l and Council to confirm whomsoever they please,
and that for their successors shall be presented proper persons ; no op-
ponents, but such as are well affected towards the Supreme Government;
and that the Director General and Council, if they so please, may com-
mission any person in their name, whom the nomination suits.
1656] Court Minutes of New Amsterdam. 1 7
On which conditions the nomination is from now henceforward con-
ferred on the Burgomasters and Schepens conjointly.
Done in our Assembly held in Fort Amsterdam in N. Netherland
the 18 January 1656. Was Subscribed, P. Stuyvesant.
Under Stood :— By Order of the Right Hon''!' The Direct' General
and Supreme Council of N. Netherland, Signed
Corns V. Ruyven, Secretary.
Honourable, Beloved, Faithful !
This serves as accompaniment to the enclosed Placards which are
sent to your Honors, that they may, pursuant to ancient usage, be pub-
lished by your Honors, which expecting we shall commend your Honors
unto God's protection and Remain, Your Honors' Affectionate friends,
The Director General and Council of New Netherland.
Signed, P. Stuyvesant
Understood — By order of the same,
C. V. Ruyven, Sec.
Done, Fortress Amsterdl* in N. N. this 19'^ Jan'y 1656.
The Superscription was : — Honorable, Beloved, Faithful, the Schout,.
Burgomasters and Schepens of the City of Amsterdam, in N. Netherl"?
Whereas * Sorrowful Experience has made manifest, from time to-
time, that in consequence of the dwelling of the outside people apart, (in
direct opposition to the order and good intent of the Hon''!* Company and
their Supreme government here) as well on the flat lands as on various
Hooks and places, many and divers murders of men, slaying and destruction
of cattle and burning of houses have been committed, both now and again,
by the Indians, natives of this country, which might, for the most part, be
prevented and avoided, with God's help, if the good inhabitants of this
Province had settled themselves together in the form of towns, villages,
and hamlets, in imitation of our neighbours of New England, who, in con-
sequence of their combination and dwelling together have never been
subject to such so multitudinous and general dangers, as we and our
Nation, through God's righteous chastisement towards us, whereunto the
barbarous savages have been encouraged by the isolated dwellings of the
outside people, attacking the one after the other, as in time of need they
could not be aided in consequence of the distance of the places, and it
* See Laws and Ordinances of New Netherland, p. 20S.
VOL. II.— 2
i8 Court Minutes of New Amsterdam. [1656
was impossible for the Hon*"!* Director and Council to provide every
seperate isolated house with a safeguard ; whereby, then, besides the
preceding murders, losses, and destruction of divers persons, bouweries
and plantations, the last notorious damage and insult to this country and
the good people thereof has been caused : And as what has heretofore
occurred is to be dreaded and expected hereafter as well as now, unless
the good inhabitants be taught and rendered provident both by their own
and other people's misfortunes, and allow themselves to be disposed, in
good order, as they are bound to do, to establish villages in suitable
places in manner and form, as the Director General and Council or their
Commissioners shall point out to the inhabitants, when the Director
General and Council shall be better enabled to second and maintain their
subjects with the power, which God and the supreme authority affords
them, which, that it may for the future be better practised and observed,
the Director General and Council, therefore, nor only Warn but order
and beseech hereby their good subjects to combine together in form of
towns, villages and hamlets before the approaching Spring, so that they
may be better protected, maintained and defended against all assaults and
attacks of the barbarians, by each other and by the military commis-
sioned by the Director General and Council ; Warning all such as here-
after shall, contrary hereunto, remain on their separate plantations, that
they do so at their own peril, without the Direct^ General and Council
being able to help them, in time of need; and in addition hereunto shall
they be fined in the yearly sum of 25 gl. for the public use; The Director
General and Council further ordain, so as to prevent a sudden conflagra-
tion, that from now henceforth, no houses shall be covered with straw or
reed, nor any more chimnies made of clapboards or wood. Thus done,
resolved, resumed and concluded at the Assembly of the Director Gen-
eral and Council held in Fort Amsterdam, in New Netherland the 18^
January 1656. Was signed,
P. Stuyvesant.
Under Stood; By order of the Hon'''.* Director General and Supreme
Council of New Netherland
C. V. Ruyven, Secretary.
The Director General and Council of New Netherland, To all those
who shall see or hear these read, Health !
1656] Court Minutes of New Amsterdam. 19
Whereas * divers complaints are made daily, which also experience
confirms, that cows, hogs and other cattle are seized, slain and sold in
the open country by Christians, or at least by those having the name of
Christians, under the guise and name of Indians, which is to be prevented
as much as possible. Therefore, the Director General and Council
aforesaid hereby expressly interdict and forbid that any cattle, calves,
hogs, sheep or goats be hereafter slaughtered within this city or any
other towns, hamlets or villages in the country, appertaining to this
Province, even by the owner unless he shall first have exhibited such
beast, whether ox, cow, calf, hog, goat or sheep, on the same day, that he
intends to slaughter it, to the magistrates of the place to which he be-
longs, or to such persons as shall be, by the magistrates, each in his
place, appointed thereunto, and receive a slaughter license, under the
penalty of the slaughtered beast and double its value, for which slaugh-
ter license the owner shall pay, for the public use, to the Magistrates, or
the Receiver appointed by the Magistrates, one stiver in the guilder, on
each beast, whether ox, cow, calf, hog, goat, or sheep, according to the
real value thereof, to be estimated, in case of dispute, by the Magistrates
in his jurisdiction, or by their commissioners, which monies shall in every
city, town, or hamlet be laid up and taken care of, to be expended and
employed, in time of need, for the maintenance and protection of the
common interests and villages, whether raising of soldiers or purchasing
necessary ammunition, as occasion may require. The fines arising from
the transgression hereof, shall be applied and expended, one third for the
informer, one third for the Officer one third for the use of the public as
aforesaid. Thus done in fort Amsterdam in N. Netherland the i8'!' Jan'y
1656. Was signed
P. Stuyvesant.
Understood: — By order of the Honble. D' General and Supreme
Council of N. Netherland, Signed
Corn^ V. Ruyven Secy.
Pursuant to the letter to the Schout, Burgomasters and Schepens of
the City of Amsterdam in N. Netherland, these foregoing Ordinances
have been published and placarded on this 20* Jan'y 1656 after previous
ringing of the bell of the City Hall of the aforesaid City. Present at the
* See Laws and Ordinances of New Netherland, p. 209,
20 Court Minutes of New Amsterdam. [1656
Meeting the Hon''!* Cornells van Tienhoven, Schout; Allard Antony,
Oloff Stevensen, Burgomasters ; Joh: Van Brugh and Jacob Strycker,
Schepens ; absent Jan Vinje.
Monday the 24'^ Jan'y 1656. In the City Hall. Present the W.
Heeren Cornells van Tienhoven, Allard Anthony, Oloff Stevensen,
Johannes Verbrugge, Jacob Strycker, and Jan Vlnje.
Jacob Steendam and Paulus Schrlck, pltfs v/s Warnaer Wessels, deft.
Deft, in default.
Dlrck Teunissen, pltf. v/s Gabriel de Haes, deft. Pltf. demands
payment of fl. 6. Deft, says, he does not refuse payment, but claims
from the deft. (?) satisfaction for rent, as the deft's (?) cattle remained
about one month in his stable. Pltf. denies that he hired the stable,
saying that his cattle stood there only 5 days. Burgomasters and
Schepens refer the matter in question relative to the stabling of the cattle
to Egbert Woutersen and Geurt Coerten to make parties agree thereupon
or to report to the Bench.
Roeloff Jansen, Mason, pltf. v/s Egbert van Borsum, deft. Pltf.
says, he worked last year for deft, and complains, that he cannot recover
his pay, saying also that he did more work, than he was bound by con-
tract to do. Requests, therefore, that deft, shall be condemned to pay
him according to contract and for his extra work. Deft, and wife appear-
ing in Court say, they do not refuse pltf. his money; acknowledge, that
something is still due him, but inasmuch as he has not finished his work,
they maintain they owe him nothing. Offer to pay him for what he has
done beyond his contract. Parties being heard, the Court refer parties
to two arbitrators, to wit; Jan Gerrltsen, Mason, and Cristian Barentsen
to inspect the work done, how near pltfs contract is finished and how
much over he has done ; also if possible to make them agree, or in de-
fault thereof to report to the Board.
Abram Jacobsen and Jan Hendricksen, Smith, pltfs v/s Egbert van
Borsum, deft. Pltfs demand payment of a balance of eleven beavers
for wages earned at defts house. Deft, and wife appeared in Court,
acknowledge the debt, but as Jan Cornelissen undertook the work and he
by account still owes them the eleven beavers, requests that they might
sett off the same against that; maintaining that they are not bound to pay
i6s6] Court Minutes of New Amsterdam. 21
pltf. Parties being heard, the Court decide, that nothing can be done in
this matter until Jan Cornelissen, who alone undertook the work shall be
heard. Therefore pltfs are ordered to summon the aforesaid Jan Cor-
nelis, against the next Court day.
Cornelis Schut, pltf. v/s Lourens Corn^ vander Wei, deft., demands,
pursuant to the order of the last Court, that deft, shall declare on whose a/c
he delivered the two barrels of meat to skipper Waterhout, and that the
Court shall then please to pronounce judgment between him and the skip-
per. Deft. Lourens Cornelis vander Wei appeared in Court, declares that
skipper Pieter Dircksen Waterhout came to him to buy meat in the name
of Cornelis Schut, and that he bought and received two barrels of meat for
12 beavers from him on a/c of Corn^ Schut; but says, that he has meat
to sell himself, as well as for Cornelis Schut's a/c. and it was all the same
to him on whose a/c Waterhout has received the same; offers to pay
Waterhout in meat or Zeewan, as the same circulates here, whatever may
belong to him. The Court having paid attention to the declaration of
Lourens Cornelis vander Wei, order that skipper Pieter Dircksen Water-
hout shall allow Schut the 12 beavers, which he has received in meat from
Skipper Lourens; and should he, Waterhout, think he has any action
against Lourens Cornelis, he may institute the same against him.
Symon Joosten, pltf. v/s Claes Jansen Ruyter, deft. Pltf. demands
payment of fl. 37. 15 for disbursements according to a/c. Deft's wife
appears in Court, acknowledges the debt, but says she has satisfied it by
an assignment on Jan Hendricx, which pltf. was to receive from him in
tobacco. Pltf. replies: he has never been satisfied, nor ever agreed to
receive payment from Jan Hendricx. Therefore the Court orders deft.
Claes Jansen to prove, when and how pltf. was paid, or in default thereof
to satisfy him.
Symon Joosten, pltf. v/s Dirck Holgersen, deft. Pltf. demands
payment of fl. 49. 14. for disbursements in the year 1654. Deft, acknow-
ledges the debt; says he cannot pay at present, requests time. C. van
Tienhoven, being present in Court, remains bail for the payment by deft,
in six weeks. Therefore deft., or in his default, the bail was condemned
to pay within six weeks.
Symon Joosten, pltf. v/s Roeloff, the Mason, deft. Pltf. demands
payment of 19 fl. 18. for monies disbursed. Deft, acknowledges the
22 Court Minutes of New Amsterdam. [1656
debt; promises payment as soon, as he is satisfied by Egbert van Borsum.
Parties being heard, the Court condemns deft, to pay pltf. within one
month without exception.
Symon Joosten, pltf. v/s Jan Hendricx, deft. Pltf. exhibiting judg-
ment pronounced by the Court of Breukelen against deft., requests that
the Court may be pleased to oblige the deft, to pay, according to sen-
tence. The Court having seen the aforesaid judgment refer pltf. to the
Hon*'"' Director General and Supreme Council.
Johannes Nevius, pltf. v/s Pieter van [Couwenhoven, deft.]. Pltf.,
as attorney for his father in law Cornelis d' Potter, demands payment of
a balance of fl. 283. on a/c of Lyntie Martense, for which the deft, bound
himself. Deft, acknowledges to have promised to pay Cornelis d Potter,
on condition, that the grain for it should be delivered him; but inas-
much as the grain etc. has been destroyed in the troubles with the
Indians and not been delivered to him, and as Cornelis d' Potter by acte
dated 19 Sept' 1654 has promised to indemnify, at all times, the bail for
all losses and interests, which should occur through fire, robbery or other
unexpected accidents both on the lands of deceased Jochem Pietf Kuyter
and crops thereof, he maintains that he, deft., is not bound to pay. The
Court having examined and heard the demand and answer of parties,
together with the indemnity-bond, granted by d' Potter and produced by
deft., find that pltf. is not sustained, because the claim arises out of the
agreement about the farm of Zegendael (Blessed Dale), and Cornelis de
Potter has promised to be security and consequently to indemnify deft.,
at all times, for all damages and unexpected accidents which might
happen to the said farm or its Crops ; and now in this last disaster it has
occurred, that the grain etc has been destroyed, from which the deft, was
to have been paid, therefore is pltf's demand against deft, denied.
Pieter Jacobs Marius, pltf. v/s Jacob van Couwenhoven, deft.,
demands payment of a ballance of fl. 2864. 6. according to a/c. Deft,
being sickly is absent, and whereas now is the 2".'' default, and pltf. re-
quests quick despatch thereon, the Court orders, that copy of the a/c
shall be granted to deft, to answer thereunto by next Court day, on pain
of being deprived of further right in the case.
David Frere, pltf. v/s Adriaen Keyser, deft. Deft, in default.
Pltf. appears in Court demanding payment of fl. 192. and whereas deft.
1656] Court Minutes of New Amsterdam. 23
has been summoned three different times and still remains in default, re-
quests that the goods, being clothes, left in pawn therefor, shall be sold
by execution. Inquiry having been instituted by the Court, they find,
that deft, has been twice in default, but that it was expected, each
ordinary Court day, that parties would have come to an agreement.
Therefore only one default is decreed.
Goert Loockermans, pltf. v/s Aert Willemsen, deft. Pltf. persists in
his aforesaid demand for restitution or payment of the kedge and rope of
his scow. Deft, persists in his aforesaid answer, exhibiting certain
declaration made by Tryntie Hendricx and Jan Swaen, written by
Matys Capito, which being perused by the Court, it was decided, that
said declaration cannot serve to refute pltf s demand: they have, there-
fore, condemned deft. Aert Willemsen to restore to pltf. the kedge and
rope, which were delivered with the scow, or to pay therefor on the valu-
ation of arbitrators nominated thereunto by themselves, saving the
recourse, which he considers he may have against those, who appro-
priated the rope and kedge.
Tomas Griddy, pltf. v/s Herry Breser, deft. Both in default.
Nicolaes Verleth appears in Court stating, that the Director General,
to whom was referred the question relative to the goods purchased from
the Indians by Helletie Jansen, has referred him back to the Court; and
whereas he thus cannot arrive at any termination, requests that the Bailiff
be authorized to levy execution. Therefore on the judgment of seques-
tration the Court endorses: — At petitioner's request, the Bailiff is
authorized to levy execution in the preceding judgment.
Burger Jorissen's wife appears in Court relative to the matter in
dispute with Griddy, producing declaration of what was left on the
bouwerie: wherefore was endorsed: — Ordered by the Court that Thomas
Griddy, not being summoned and absent, copy hereof shall be communi-
cated to him, to answer thereunto by the next Court day.
Regarding the matter in question between Adriaen Keyser and Jacob
Haey, the Fiscaal, being present in Court, requests, that Adriaen Keyser
shall appear personally in Court, at the next Meeting. It is, therefore,
ordered, that A. Keyser shall personally appear on next Court day.
On the request of Jan Jansen van Breeste, cooper, relative to the
barrel-stamp, which Rynier Rycken brought out from Holland for him
24 Court Minutes of New Amsterdam. [1656
and was referred by the Honble Director General and Supreme Council
to Burgomasters and Schepens, is endorsed: — Inasmuch as the stamp,
which Rynier Rycken brought with him from Fatherland, is here
required for the common use of the City, the public cannot therefore be
incommoded for individuals. Petitioner's request is, therefore, denied.
Daniel Teneur appeared in Court relative to the judgment against
Paulus Leendert van Grift. Ordered that the comparant shall take a
copy of the judgment, and cause the same to be instituted and summon.
The Schout Cornelis van Tienhoven proposes orally: —
I.
Whether the Burgomasters and Schepens do not deem it necessary,
as the time is near for the nomination of succeeding Burgomasters and
Schepens, that a day be fixed for assembling therefor. And that, in the
meantime, each should of himself make out a nomination without com-
municating the same to any body else, to propose the same on the
appointed day ?
The Burgomasters and Schepens resolve, on the proposal of the
Schout;
i'.' That a meeting shall be held on next Tuesday to make the nom-
ination; and that each one shall form his particular conclusion thereon,
without having any communication with others, then to propose the same. .
2.
Since there is no money at present in the City Treasury, to disburse
therefrom what the Burgomasters and Schepens should yearly receive as a
salary, if it be not advisable to open a city account, and place the same
to their credit, to be paid from the Treasury when circumstances permit ?
2".'* is resolved : —
To open a city account and place to the credit of each the yearly
allowed salary, to be paid from the Treasury, when circumstances permit.
Done, as above in the Court aforesaid.
Verbal Propositions made in Court by the Hon'''.' Burgomaster
Allard Antony.
I.
Whereas the Hon''!* General has proposed to him, that it is highly
necessary to divide the Old Graveyard, which is wholly in ruins, into lots
1656] Court Minutes of New Amsterdam. 25
to be built upon, and to make another Grave-yard, south of the Fort, and
to remove the houses standing there, on a valuation, what resolution
should be taken thereupon ? *
The Burgomasters and Schepens decide on the
I*.' That it is highly necessary to establish a Graveyard at another
suitable place, or to put it in good order where it now is : but that it
is not, at present, advisable to throw down the houses, south of the Fort
and to locate it there. But it was considered, that it would be better,
west of the Fort, in the neighbourhood of the Windmill, where there is
a good hill clear of timber.
2.
Whereas the church in the Fort is more and more out of repair,
without any thing having been done to it, and the Hon''!* General is at
present the only Churchwarden, if it be not advisable that a new Church-
warden be appointed and the Hon"' Gen'l discharged ?
On the 2*? was decided
That 4 persons be proposed by the Burgomasters to the Hon''!' Gen-
eral and Council, to select and commission two therefrom as Church-
wardens.
3-
Whether it be not advisable to ask the Hon''!' General for the bell,
which stands idle in the Fort, either as a present or on valuation, to hang
it, and make use of it, at the City Hall ?
On the 3"? was decided
It is necessary, and the Hon''!* Allard Antony shall speak on the first
opportunity, to the Hon'''.' General, and promote its accomplishment.
Monday, 31^.' Jan'y 1656. In the City Hall. Present the W. Heeren
Allard Anthony, and Oloff Stevensen, Burgomasters ; Joh Van Brugge,
Jacob Strycker, and Jan Vinje, Schepens.
At this Meeting appeared Cornells van Tienhoven, Councillor and
Fiscal of New Netherland, and present Schout of the City of Amsterdam,
* The old graveyard was on the West side of Broadway, a short distance north of the
present Morris Street. It covered 100 feet square and in 1665, as will appear in a later
volume, it is represented as in a shamefully dilapidated condition. — B. F.
26
Court Minutes of New Amsterdam.
[1656
as Commissioner from the Supreme Council, to assist at the nomination
of the succeeding Burgomasters and Schepens, according to the order,
given by the Hon''!'^ General and Council of New Netherland, dated 18^
January 1656, which abovenamed Van Tienhoven was accepted by the
Court in his aforesaid capacity; recommending the Burgomasters and
Schepens, to nominate such persons, as are of good fame and name and
considered worthy to fill such office, and who would be inclined to
appear with honor in their places.
Vote of Allard Anthony.
For Burgomasters:
Paulus Leenderts Vandie Grift,
Willem Beekman.
For Schepens :
Pieter Wolfertsen,
Govert Loockermans,
Piet' Cornelis Vander Veen,
Jacob Backer,
Adriaen Blommart,
Isaack de Foreest,
Jan Gerritsen Brouwer,
Hendrick Kip.
Vote of Oloff Stevensen
For Burgomasters :
Martin Krigier,
Pieter Wolfertsen;
For Schepetis :
Paulus L: Vandie Grift,
Will. Beekman,
Pietr Cornelis vander Veen,
Jacob Bakker,
Adriaen Blommaert,
Isaack Foreest,
Hend'k Kip,
Jacob Steendam.
Vote of J. Van Brugge.
For Btirgomasters:
Paul! L. Vandie Grift,
Pieter v. Couwenhoven.
For Schepens :
Willem Beekman,
Govert Loockermans,
Cornelis Schut,
Pt' Corn! Van der Veen,
Jacob Steendam,
Jacob Backer,
Adriaen Blommaert,
Claes Bordingh.
Vote of Jan Vinje.
For Burgomasters :
Willem Beekman,
Joh: Van Brugge,
For Schepens :
Pieter Wolfertsen,
P. L. Vandiegrift,
Hendrick Kip,
Isaack de Foreest,
Govert Loockermans,
Jacob Backer,
Corn! Schut,
Alexander d'Inyossaph.
1656] Court Minutes of New Amsterdam. 27
Vote of Jacob Strycker.
For Burgomasters :
Martin Crigier,
Pieter v. Couwenhoven.
For Schepens :
P. Leendrts Vandie Grift,
Will: Beeckman,
Isaack de Foreest,
Hendrick Kip,
Pt' Cornelis Van der Veen,
Jacob Bakker,
Jacob Steendam,
Evert Duyckingh.
Total of Votes :
, ■ >
For Burgomasters :
II — Martin Crigier 2.
II — Paul? L. Vandiegrift 2.
Ill — Pieter V. Couwenhoven 3.
II — Willem Beeckman 2.
I — Johannes van Brugge i.
The question being put de novo — Are found as Burgomasters :
Martin Krigier,
Pt' V. Couwenhoven.
For Schepens :
II. Pieter van Couwenhoven 2,
III. Covert Loockermans 3. — 3.
nil. Pt! Corn! Vander Veen 4.-4.
inn. Jacob Backer 5. — 5.
III. Adriaen Blommart 3. — 3.
nil, Isaack d'Foreest 4. — 4.
nil. Hendrick Kip 4. — 4.
I. Jan Gerritsen Brouwer 2
III. Paulus L. Van die Grift Z-—1'
III. Willem Beekman 3. — 3.
III. Jacob Steendam 3.
28 Court Minutes of New Amsterdam. [1656
II. Cornells Schut ii.
I. Claes Bordingh i.
I. Evert Duyckingh i .
I. Alexander d'Inyoseph i.
Are found as Schepens:
Paul Leend. Vandie Grift,
Willem Beeckman,
Jacob Backer,
Pt^ Corn! Vander Veen.
Isaack de Foreest,
Hend'k Kip,
Govert Loockermans,
Adriaen Blommart,
Resolved, that the preceding nomination by plurality of votes thus
found, be enclosed and delivered by Allard Antony to the Honble
General and Supreme Council in the form of the following letter: —
Honourable, Valiant, Gentlemen:
Inasmuch as You have been pleased to favor this City or the Burgo-
masters and Schepens thereof with the nomination of those succeeding to
our quality, we cannot do otherwise than thankfully acknowledge such
favor and benefit, in regard to public affairs, and pursuant to your Order
of date 18* Jan'y 1656. to nominate, as soon as possible for the present
time, a double number, viz these following Burghers and inhabitants of
this City: —
For Burgomasters :
Martin Crigier,
Pieter van Couwenhoven.
For Schepens :
Paulus Leenderts. Vandie Grift,
Willem Beekman,
Jacob Backer,
Pt' Corn! Vander Veen,
Isaack d' Foreest,
' Hendrick Kip,
Govert Lookermans,
Adriaen Blommart.
1656] Court Minutes of New Amsterdam. 29
Requesting that you would be pleased to elect from them the wisest,
most intelligent and best qualified to succeed to the place of the outgoing
Burgomaster and Schepens, in order that the Commonalty may be pro-
tected and the business of the country transacted. Done this 31" January
1656. In the City Hall at the Court of the Burgomasters and Schepens
of this City of Amsterdam in New Netherland; present C. v. Tienhoven.
By order of the Burgomasters and Schepens of the City of Amster-
dam in New Netherland
Jacob Kip, Secretary.
To the Right Hon''!^ the Director General and Supreme Council of New
Netherland.
Whereas the bank on the East River, near the City gate,* is in bad
condition, it becomes necessary, that it be looked to and strengthened,
therefore the Hon*'!^ Burgomasters of this City have concluded and re-
solved to have constructed there a firm sheeting of thick plank or boards,
to begin the same at the point of the old City Works, which lie thereby,
and again to raise up the fence ; also a large and suitable gate according
to the plan and design of Capt. Coninck and already begun to be fixed in
the works, and that the same shall be executed with all possible speed
and without any delay or alteration.
Secondly, resolved that the sheeting before the City Hall shall be
renewed with thick plank or boards, like the other work at the gate afore-
said according to the plan of Capt. Coninck, and that the same shall
have its full effect. Done in the Court of the Hon^!'' Burgomasters of
the City of Amsterd" in New Netherland. This first Feb: 1656.
Allard Anthony,
Oloff Stevensen.
Copy.
Extract from the Register of Resolutions of the Director General and
Supreme Council of New Netherland passed in their Assembly, on Wed-
nesday, the 2".'' Feb: 1656.
Having received, seen and read the nomination made and communi-
cated by Burgomasters and Schepens of this City, with request, that the
Director General and Council would please to elect therefrom the suc-
* In Pearl Street at the N. E. side of Wall.
30 Court Minutes of New Amsterdam. [1656
ceeding Burgomasters and Schepens ; Which being taken into considera-
tion, the Director General and Council of New Netherland have, for
pregnant reasons moving them hereunto, resolved and concluded to con-
tinue for another year the Burgomasters and Schepens at present in office
for the sake of peace and harmony, for the welfare of this City, and only
to supply the two vacancies of Schepens with two other reasonable and
proper persons ; Whereunto for the present time are chosen
Willhem Beekman and Hendrick Hendricksen Kip.
Done, Fortress Amsterdam in New Netherland, as above. Under
stood and signed
Agrees with the foregoing Resolution
C. V. Ruyven, Secretary,
Monday, 7'^ Feb7 1656. In the City Hall. Present theW: Heeren
Oloff Stevensen, AUard Anthony, Burgomasters. Johannes Verbrugge,
Jacob Strycker, and Jan Vinje, old Schepens, with Willem Beeckman
and Hendricks Kip, new incoming Schepens.
Whereas the Assembly of the Hon*'!" Director General and Supreme
Council has decided, that the presiding Burgomaster should be changed
every three months. Therefore Oloff Stevensen, as Burgomaster, now
presides in Court.
Andries Andriessen, pltf. v/s Thomas Hall, deft. Deft, in default.
Joost van Beeck, pit. v/s Maria Verleth, deft. Pltf. in default.
Cornells Schudt, pltf. v/s Maria Verleth, deft. Pltf. Cornelis
Schudt demands from Maria Verleth in writing; first, the books kept by
him of the two cargoes sent to him Anno 1652 and 1653, of which cargoes
said Schutt had in his possession the ledger and returned it to Maria
Verleth, with promise, that Jan Van Beeck should come for it and settle
with me. True enough, I have received an extract from the ledger for
her brother Verleth, which said Van Beeck took from the ledger at the
North, wherein I find many goods, which she must still have by her, as
they are not entered as sold in said book, and also she has received the
debts, which stand debitted on the first book, and now the debtors say,
that they have paid ; also to examine the accounts of this book aforesaid,
and that we give security, together, that if any thing is coming from me
to her, or from her to me, the one shall satisfy the other; also to give bail,
1656] Court Minutes of New Amsterdam. 31
that she shall not depart for Hartford, before the judges shall have con-
demned us, as they shall consider just. Was signed,
Corn? Schutt.
I, Joost van Beeck, brother of the deceased Johannes van Beeck,
approve of what precedes and request their Worships to be pleased to take
care, that every one shall come to his own; and further, as there were
private transactions with him, we ask to have all the books. Was signed
Joost Van Beeck.
Deft, requests copy of the demand, to answer by the next Court day.
The Court granted deft, her request for a copy and ordered her to
answer thereunto by the next Court day.
Pieter Jacobsen Marius, pltf. v/s Jacob van Couwenhoven, deft,
Pltf. demands payment according to previous demand and a/c, delivered
unto deft. ; and that in tobacco or beavers. Deft, acknowledges the
debt; says he has not refused payment; requests merely time. Offers to
pay provisionally, next month, April, one thousand guilders and the rest
at the earliest moment. Requests accommodation, inasmuch as he has
now first settled with his brother. Pltf. says, that he has made divers
good offers to deft, on condition, that he should give security for the
payment; he is still content to wait until next May, to be then paid,
without fail, in tobacco or beavers, provided that he give sufficient bail
or mortgage. The Court having heard pltf's demand, request and offer
together with the acknowledgment of the debt by the deft., as well as his
offer, have condemned deft. Jacob van Couwenhoven to pay pltf. in
beavers or tobacco, whereunto time was granted him until the month of
May, on condition, that he be held to give, for the behoof of pltf. suffi-
cient bail, or undeniable security for the payment at the aforesaid time.
The Heer Tienhoven present,
Helletie Jansen, pltf, v/s Pietertie Jansen, deft. Pltf. requests, as
deft, has bought from Indians here within this City some goods belong-
ing to her and her sister, that she be condemned to return the same to
her, on receiving, what she has given therefor; being one small box with
divers linens, as a pair of linen sheets, two shirts, some frills, coifs, chil-
drens caps, pocket handkerchiefs, three pearl pins and other things, that
she does not know precisely. Deft, acknowledges to have bought some
goods from the Indians; but when she learned they were pltf's property,
32 Court Minutes of New Amsterdam. [1656
she sent to pltf. word, that the Indians wished to sell such goods and be-
fore she traded, pltf. was asked, if she would purchase the same from the
Indians; she answered, No, as she had no pay; but said she was well
content, she had traded, as she could get plenty of such goods. Where-
upon she purchased them nearly as dear as they were worth, and gave the
remainder to poor people. Maintains therefore, that she is not bound
to make restitution. The pltf. and Anna Van Vorst acknowledge, that
deft, offered them the goods before she bought them, but as they had no
money, they could not buy them. Inasmuch as she, pltf., was obliged to
return to Nicolaes Verleth the goods she bought and received from the
Indians, requests that deft, shall also deliver her her property. Parties
being heard, the Court order, that deft. Pietertie Jansen shall, within
the space of 8 days deposit in the Secretary's office of this City the goods
claimed by pltf. and which she bought from the Indians, when further
disposition as to justice will appertain shall be made.
Jacob Schellinger, pltf. v/s Tryntie Heymans, deft. Deft, in
default.
Jacob Leendertsen, pltf. v/s Hendrick Willemsen, baker, deft.
Pltf. says, that he leased a house from deft, up to All Saints day next,
and that deft, has now warned him by the Court Messenger to depart by-
May. Requests, that deft, shall let him remain under rent until All
Saints. Deft, says, he did not rent the house longer than May. De-
mands proof to the contrary, or that pltf. shall declare such under oath,
as there were no persons present. Pltf. refusing to swear, he was
ordered by the Court to prove, that he hired the house until All Saints,
or depart out of it in May.
Jacob Teunissen, pltf. v/s Anthony Jansen van Vaes, deft. Deft,
in default.
David Frere, pltf. v/s Adriaen Keyser, deft. Pltf. persists in his
former demand; still asks for payment of fl. 192 in beavers. Deft, ac-
knowledges to owe 24 beavers; offers payment, but inasmuch as pltf.
requires such excessively good pay, the Court will have to appoint arbi-
trators to inspect the pay and to value the same. The Court heard pltf's
demand and deft's acknowledgment of debt and have condemned deft.
A. Keyser to pay pltf. within 8 days, and having considered the deft's
further'request, decide that deft, can make payment in such currency as
1656] Court Minutes of New Amsterdam. 33
shall be considered good and merchantable pay by Sieurs Piet' Cornells
Vander Veen and Piet' J. Buys, free traders here, who are hereby
requested and commissioned thereunto by the Court.
The matter in question between Adriaen Keyser and Jacob Haey
was, at the request of Schout Tienhoven postponed until the arrival of
Jacob Haey, who is expected very soon.
On the request of Nicolaes Verleth presented in Court, regarding the
judgment against Helletie Jansen is endorsed — The Court decide, that
the pending judgment shall be put in execution according to custom and
form of law without any further delay, whereunto the Bailiff is hereby
empowered.
Lodewyck Pos, Burger and inhabitant here, requests by petition
leave to sell wine and beer by the small measure, whereon was endorsed —
Petitioner's request is granted as to other Tavernkeepers.
Itein. On the petition of Tomas Fredricksen is endorsed — Petition-
er's request is granted as to other Tavernkeepers.
Maria Verleth appeared in Court complaining to the Schout of Joost
van Beeck, that he took from Claes van Elslandt and opened two letters,
which have come, by the ship, The Flower of Gelder, from Patria^ and
belong to her deceased husband Jan van Beeck; requesting delivery of
said letters, and right and justice for the violence. Joost van Beeck
appears in Court and acknowledges, that his wife took two certain letters,
whereof the superscription was: — To Johan van Beeck — and that the
same were opened by her and read by him; and that there are still on
hand at his house one letter from his brother Nicolaes van Beeck and a
letter from his father in law Paulus Zillessen with a bill of lading for
some goods of Nicolaes van Beeck: maintaining that neither the letters
nor the goods sent therewith belong to Maria Verleth, inasmuch as the
marriage was never declared legal, but that he is the rightful heir. Joost
van Beeck being asked, by what authority he took the letters belonging
to his brother and opened them, says: — he had no precise authority
or power thereunto, but that his wife took the same and opened them
without his knowledge or privity. The Court provisionally orders Joost
van Beeck to deposit with the Secretary of this city the aforementioned
letters and conveyances, which he received; seal the same with his own
signet and pass an Acte, that there were no other letters or papers.
34 Court Minutes of New Amsterdam. [1656
Joost van Beeck appeared before the adjournm'. of the Court and pursu-
ant to aforesaid order, delivered in two certain letters, which were sealed
by himself, and a signed acte, that he had and that there were no others.
On the oral request of Daniel Teneur and written petition of Paulus
Leend'"" Vandie Grift relative to the judgment pronounced by the Court
in date 23 Nov. last, is endorsed — Whereas petitioner Paulus L. Vandie
Grift requested revision of the judgment pronounced between him and
Daniel Teneur, not on the 3o'^ but on the 13'^ Dec' last, when the same
was granted him, on condition, that he institute the same at the nezt
Court, and the same has not been entered up to the present day, the
Court decide, that the petitioner cannot now be admitted to revision.
Therefore the order is, that the judgment rendered shall have its full
effect.
Isaack de Foreest appeared in Court requesting, both orally and in
writing, that the judgment which he obtained against D. V. Schelluyne
in the Court, shall be put into execution. Whereupon the Court ordered,
that the pending judgment shall be executed according to custom and in
form of law.
Copy.
Honourable, Beloved, Faithful.
This serves as accompaniment of the enclosed Order which is sent to
your Worships, to publish the same, according to the tenor thereof, affix
and execute it against the contraveners, expecting which we commend
your Worships to God's protection and safeguard and Remain
Your affectionate Friends
The Director General and Council of N. N,
By order of the same, C. v. Ruyven, Secretary.
Done Fortress Amsterdam in Netherland this 4'.'' Feb. 1656.
The superscription was. Honourable, Beloved, Faithful the Scout,
Burgomasters and Schepens of the City Amsterdam in New Netherland.
Whereas * the Director General and Council of New Netherland are
credibly informed that not only Conventicles and Meetings are held here
and there within this Province, but also that in such gatherings some un-
qualified persons have assumed unto themselves the office of teaching;
announcing and declaring God's Holy Word, without being called or
* See Laws and Ordinances of New Netherland, p, 212.
1656] Court Minutes of New Amsterdam. 35
appointed thereunto by authority either of Church or State, which is in
direct contradiction and opposition to the General policy and Church
government of our Fatherland, because from such manner of gatherings
divers mischiefs, heresies, and schisms are to be expected, which to pre-
vent, the Director General and aforesaid Council do hereby, therefore,
absolutely and expressly forbid all such Conventicles or Gatherings,
whether publick or private, except the usual and lawful ones in which
God's reformed word and the ordained assemblies of God's Reformed
worship are observed and conducted conformably to those of the Synod
of Dordrecht, here, in our Fatherland and in other Reformed Churches
in Europe, under the penalty of One Hundred Pounds Flemish, to be
forfeited by all those who assume to themselves any unqualified office
whether of preaching, reading or singing, whether on Sunday or any
other day in such Gatherings whether private or publick, the usual, law-
ful Congregations excepted — and five and twenty like Pounds to be for-
feited by every man or woman, married or unmarried who are found at
such gatherings: Without the Director General and Council intending,
hereby, however, any violence to Conscience to the prejudice of the
Patents formerly granted, or to prohibit the reading of God's Holy Word,
family prayers and Worship, each in his own house ; but all publick and
private Conventicles and Gatherings, whether in publick or private houses,
except the repeatedly mentioned customary and ordained Reformed
Worship, which that it may the better be observed and respected, and
that no one may pretend any ignorance thereof; the Director General
and Council order their Fiscaal together with the Subaltern Magistrates
and Sheriffs this to publish and cause to be published every where within
this province, and to execute the same against all contraveners, the rather
as we find such to appertain to the glory of God, the promotion of the
Reformed Religion and the publick peace, harmony and Welfare. Thus
Done, Resolved and arrested the i'.' February 1656 in Fort Amsterdam in
New Netherl"? Was undersigned, P. Stuyvesant.
U?ider Stood — By order of the Rt. Hon''.'^ Director General and
Council of N: Netherld. 1204.20'?
(Signed) C. v. Ruyven, Secretary.
On this 7'!* Feby 1656, this preceding Ordinance is published and
affixed, pursuant to the letter to the Schout, Burgomasters, and Schepens
36 Court Minutes of New Amsterdam. [1656
of the City Amsterdam, after previous ringing of the Bell. Done in Court
aforesaid.
Extraordinary Session holden on Tuesday the 8* Feb: 1656, In the
City Hall. Present Oloff Stevensen, Jacob Strycker, Jan Vinje, Will:
Beekman, Hend'k Kip.
Maria Verleth, pltf. v/s Joost van Beeck, deft. Pltf. demands her
letters deposited yesterday with the Secretary; requests that the same be
granted her. Deft, maintains, as the marriage between Johannes Van
Beeck and Mary Verleth is not yet declared legal, the letters are not
her's, until the marriage be legalized. But if the Marriage be declared
lawful by the Court, Supreme Council and Consistory, he consents she
should have them. Claims then only his legal right, requesting that
guardians be appointed. Maria Verleth declares, that not being a
Burgher here, but a stranger, an inhabitant and Burgher of Hartford in
New England, she is not bound to accept guardians here. Requests
quick despatch, unless the Court will please to declare the marriage
either lawful or unlawful.
Inasmuch as the Court has never been informed, that the marriage
between Johan van Beeck and Maria Verleth is declared illegal, but on
the contrary, this Court has by order of the 19* Feby 1654, on the
petition of dec"? Johan van Beeck, considered, under correction, that
respect must be paid to the Proclamation of the Church and consequently
to the marriage tie of said young people, they cannot then pronounce the
marriage illegal: They, therefore, consent that pltf. Maria Verleth shall
provisionally take the letters deposited in the Secretary's office, the rather
as Joost van Beeck declared yesterday in full Court that he has no par-
ticular authority or power to lift the letters. Thus done, arrested and
pronounced. Done as above. Amsterdam in New Netherland. Was
subscribed Oloff Stevensen, Jacob Strycker, Jan Vinje, Will: Beeckman,
Hendrick Hendrickx Kip.
Pursuant to the above decision the letters deposited with the Secre-
tary were delivered in Court to Maria Verleth, present Joost van Beeck,
and were, after opening, found to be
Two manuscript letters. One general cargo,
One Bill of lading. One price current.
1656] Court Minutes of New Amsterdam. zi
Monday, the 21. Feb: 1656. In the City Hall. Present the W:
Heeren Cornelis van Tienhoven, Oloff Stevensen, Joh : Verbrugge,
Jacob Strycker, Jan Vinje, Will: Beekman, and Hendrick Kip.
Joost van Beeck, pltf. v/s Corn^ Jansen Coele, deft. Both in
default.
Jacob Schellinger, pltf. v/s Tryntie Heymans, deft. Deft's 2"? de-
fault. Pltf's wife appeared in Court requesting — inasmuch as she sold to
one Jan Gerritsen, who was killed in the last disaster, some goods, amongst
others some stuff, whereon he still owes fl. 11. and for a hanger also fl.
II. being fl. 22 in all — that deft, be condemned to pay her, as she took the
property of dec*? — ; or otherwise, that pltf. be authorized to take back
the aforesaid stuff, which still remains in her house. Deft, answering
says, the aforesaid Jan Gerritsen gave, in his lifetime, the aforesaid stuff
to her daughter as his bride, but offers to pay the fl. 11. to be quits.
Relative to the other fl. 11. says, she knows nothing of it, inasmuch as all
the property on Staten Island was burned and lost, and she obtained
none of it. Parties being heard, the Court condemns the deft. Tryntie
van Hengelen to pay pltf. fl. 11. for the stuff before she shall keep or use
it, and it was further decided, that pltf. shall prove, deft, has accepted
or received any of deceased's property, when further disposition shall be
made therein.
Maria Geraerdy, pltf. v/s Harmen Douwesen, deft. Deft, in
default.
Paulus Schrick, pltf. v/s Sara Joris, deft. Deft, being absent was
excused from default in consequence of the bad weather.
Jacob Teunissen, pltf. v/s Anthony Jansen van Salee, deft. Pltf.
complains that deft, has caused his goods at Gravesend to be arrested.
Requests reasons for the arrest. Deft, acknowledges, that he has arrested
the goods, because he, pltf., hired as his servant for one year and
absconded from his service. Requesting satisfaction therefor. Jacob
Teunissen denies, that he had hired himself to Antony Jansen for a
year, as he is in the employ of Lourens Jansen according to attestation of
the aforesaid Lourens exhibited in Court. Antony Jansen says: After
Jacob Teunissen had come to him and had hired with him, Antony, he
said, he should first learn, if he were free, and that Jacob Teunissen
thereupon went to Gravesend and said he had settled with Lourens and
38 Court Minutes of New Amsterdam. [1656
was free, and that he thereupon hired him for one year. Jacob Teunis-
sen denies the same. Deft, undertakes to prove the same, exhibiting by-
declaration of Willem Wilkens, that Jacob Teunissen has said, he was
free of Lourens and may hire with any one — Item, by declaration of two
persons, that Jacob acknowledged, he had hired with Anthony as servant,
but that he should not remain as he got no earnest money. Whilst deft.,
Antony Jansen, offered to prove, that he, Jacob Teunissen, had hired for
a year, the Court granted him until the next Court day to prove how he
hired him.
Jacob Steendam, pltf. v/s Solomon La Scheer, deft. Deft, in
default.
Warnaer Wessels, pltf. v/s David Frere, deft. Pltf. in default.
On the petition presented in Court by David Frere, relative to the
judgment against Adriaen Keyser, is endorsed — The Court, having seen
the presented insinuation, order Adriaen Keyser to pay David Frere
within twice 24 hours pursuant to judgment dated 7'? Feb. last, on pain,
in case of default, that the goods in pawn for the payment, shall without
any delay or exception be publicly sold to the highest bidder.
Franfois Fyn, pltf. v/s Adriaen Keyser, deft. Both in default.
Pieter Jansen, pltf. v/s Huybert Jansen Stoerk, deft. Pltf. de-
mands payment of balance of a/c of fl. 30 for rent of a house in Grave-
send, and some brandy according to a/c. Deft, says, the house was
not delivered as it was hired, showing by declaration of three divers
persons the unfitness of the house and how it was hired. Pltf. objects to
the evidence, inasmuch as they were not present at the agreement; under-
takes to prove the contrary. Parties being heard, the Court order,
that deft, shall have the evidence collated and sworn to at Gravesend
and that pltf. according to his proposal shall prove, how he agreed, by
the next Court day.
Dirck Claessen Pottebacker, pltf. v/s Dirck Holgersen, deft. Pltf's
wife appeared in Court says, that she has missed a canoe, which she pur-
chased from Pieter Vander Linde and after seeking for it every where
finally found it before deft's house and land, who refused the same to her,
notwithstanding reasonable salvage was offered. Requests the Court to
condemn him to deliver it. Deft, says a certain canoo was brought by
some Englishmen on his land, and as the same lay a long time there
1556] Court Minutes of New Amsterdam. 39
without a person coming after it, he found, that it was very much out of
repair. He repaired and rebuilt it. Offers to give it up to the pltf. on
condition, that she will pay him for the repairs, wages and salvage.
Parties being heard, the Court referred the parties to Lambert Huybert-
sen Mol, and Cornelis Jansen Clopper to value the labor and repair
expended on the canoe, and if possible to reconcile the parties, or to
report to the Board.
Andries vander Sluys, ptlf. v/s Jacob Eldertsen, deft. Deft, in
default.
Michel Paulusen, pltf. v/s Arent Callebuys, deft. Pltf. in default.
Deft, appears in Court complaining, that pltf. has arrested his money in
the hands of Jacob Haey and as he has not come to prosecute the same,
requests that said arrest be declared invalid. The Court declares the
arrest invalid, since pltf. has not followed up the same.
Ide Van Vorst, pltf. v/s Frans Jansen, Carpenter. Deft, in default.
Endorsement on the petition of Harmen van Hooboocken, School-
master. The Schout having exhibited, in conformity to instructions from
the Hon'^l' Director General and Council, the request of the School-
master, Harmen van Hooboocken, in Court, they endorse — Said School-
master shall communicate to the Burgomasters and Schepens, what
he is allowed for each child per quarter, pursuant to instructions from
the General and Council, which being done, further order shall be taken
on petitioner's request.
Maria Verleth appeared in Court answering in writing the demands
made by Cornelis Schutt, who replying thereunto as by the tenor thereof
exhibited in Court does appear, the Court orders, that Mary Verleth
shall be furnished with copy of the reply and Corn^ Schutt of the answer
to make use of the same at the next Court day.
Joost Teunissen, baker, appears in Court of the Burgomasters and
Schepens prosecuting the arrest issued against the property of Mr.
Mahew, English merchant, in the hands of Thomas Hall. Requesting,
that the arrest shall be declared valid by virtue of an obligation dated
28'^ October 1655 for the sum of fl. 730. The Court having seen the
aforesaid obligation declares the aforesaid arrest, provisionally, valid.
Joost van Beeck appeared in Court, exhibiting judgment against
Cornelis Jansen Coele and requests, as he has thereupon arrested Cornelis
40 Court Minutes of New Amsterdam. [1656
Jansen, on his departure, that he be authorized to put the said C. J.
Coele in prison, giving security for costs.
Endorsement: — At the request of Joost van Beeck made to the
Court, relative to the execution of the aforesaid sentence, the Court
decided, that said judgment shall have its full effect, and accordingly-
consented, on request of pltf., that he imprison the aforesaid Cornelis
Jansen Coele, on securing the costs.
At the request of Capt Fyn relative to the judgment against Luycas
Eldertsen, endorsed — The Bailiff is empowered and authorized to execute
according as the same ought to be.
Regarding Nicolaes Verleth's petition: — The Court persists in its
last order issued on the 7 Feb.
Dorothy Lock, an Irish girl, appeared in Court complaining that Mr.
Isaac Allerton had beaten her as appears by the marks, because Jonathan
Kammentie, Allerton's servant, had carnal conversation with her, saying
she was now about six weeks with child from him; requesting, that she
be permitted to marry said Jonathan and that Allerton may allow it. She
is promised her freedom from her master, Jan Coort. The Court decides,
that Dorothy may summon Mr. Allerton and meanwhile the Officer shall
investigate the matter.
On Wednesday 23''? Feby. were assembled at the City Hall the
Heeren Oloff Stevensen, Joh: Van Brugge, Jan Vinje, Will: Beekman,
and Hendrick Kip to publish the Ordinance for a Fastday, but as Schout
Tienhoven, who had this ordinance with him, did not come, they ad-
journed without doing anything.
Thursday the 24'.'' Feb. In the City Hall. Present Cornelis van
Tienhoven, Oloff Stevensen, and Allard Anthony.
The following Order for a day of Fasting and Prayer was published
from the City Hall.
Honourable, Right beloved: —
No one among us can be ignorant or forgetful of the especial favors,
blessings and benefits manifested and conferred on this early budding
Province by the All good and Merciful God, of which not the least is the
increasing population, the merciful protection against a dreaded and
threatened war with Our neighbours unexpectedly changed into a wished
1656] Court Minutes of New Amsterdam. 41
for and acceptable peace, with an especial increase of a flourishing trade,
fruitful and blessed harvests and continual health ; which favors and other
additional special benefits and blessings from God, enjoyed by us with
insufficient attention but rather ungratefully abused, hath righteously
moved our God, for our regard, to turn the face of His favor against us
— afflicting and righteously chastising us at the close of the last year —
though not punishing — by a sudden and unexpected attack from the
Indian Barbarous Natives of this country, through whose cruel and mur-
derous hands many Inhabitants of this Province were savagely murdered
and stripped of property and life; many Bouweries, plantations and
houses burnt, and the public good so retarded that we may justly cry
aloud with the complaining Prophet — Ah ! how hath the Lord covered us
with a cloud in his anger, and cast dotvti from Heaven to the Earth the
beauty of the la?id j the Lord hath sivallowed up all our habitations and hath
not pitied ; He hath thrown dmvn our strongholds in his wrath ; He hath
drawn back His right hand when the Enemy came j He burned like a
flaming fire which devoureth us round about, who are left like a tent
in a garden of trouble as a warning that we shall all fare alike unless
we turn from our Ingratitude and heinous Sins; We who have been
left being not less sinners than those other Inhabitants of this Prov-
ince on whom we have seen fall, not the tower of Siloa but God's anger
out of Heaven still hanging above our heads for want of attention and
true penance. To deprecate this from the all beneficent God, and to
draw down, in place of God's righteous punishment, His merciful favors
and benefits, the Director General and Council of New Netherland have,
therefore, deemed it highly necessary, to order a day of General Fast and
Prayer to be holden on the First Wednesday of the Month of March,
being the First day of the said Month. We therefore charge all Our sub-
jects to repair, on the day aforesaid, to the Church or where God's Holy
Word is usually preached, and there, in the fore and afternoon, after
hearing the same, with one accord and low and humble hearts to call on
the name of the Lord, to pray and beseech His divine Majesty to cause
the floods of His anger and clouds of his indignation which began to pour
down on us, to cease and to change into streams of His antient favor and
Mercies, turning away from us and all our good Inhabitants, all destroy-
ing War, or if His Majesty, for His Name's Glory, for the further spread
42 Court Minutes of New Amsterdam. [1656
of His Gospel, and security of this Province and its Inhabitants, may
otherwise direct, that the all good God would then please to bless in such
wise the feeble power and means, to endow the Director General and
Council together with all inferior officers, people and subjects with
Wisdom, understanding and valour, to the end that the good Inhabitants
brought hither by his hand and outstretched arm, and up to the present
hour protected against the Might and cruelty of barbarous men, may
remain henceforth sheltered and protected under His wings, and that
such means may, for that purpose, be practised and devised, as His
Majesty to the greater Glory of His Name may deign to bless. Also to
pray God, the Lord for a continuance of health, and prosperity in trade
and agriculture, but principally for a righteous and thankful use of His
blessings and benefits. The which the better to observe and practise
with greater unanimity. We interdict and forbid, on the aforesaid day of
Fasting and Prayer, during Divine Service, all labor. Tennis playing. Ball
playing. Hunting, Fishing, Travelling, Ploughing, Sowing, Mowing, and
other unlawful games as Gambling and Drunkenness, on pain of arbitrary
correction and punishment already enacted against the same. To which
end we request and solicit all servants of God's Holy Word here in this
Government, to form their sermons and prayers. Thus done and con-
cluded in Our Assembly in Fort Amsterdam in New Netherland 2^^ Jan-
uary 1656. Whereunto declaring ourselves we shall commit your Honors
to God's care and protection and remain
Honourable, Beloved, Your Honors' Good friends
The Director General and Council of New Netherland,
P. Stuyvesant
By order of the Director General and Council of New Netherland,
C. V. Ruyven, Secretary.
Inasmuch as Adriaen Keyser has deposited at the Secretary's office
in fulfillment of the judgment in favor of David Frere, certain beavers
and zeewan, the aforesaid Sieurs Pieter Corn' Vander Veen and Pieter
Jacobsen Buys are requested to examine the said payment and decide,
whether the same be sufficient and valid, in which case David Frere shall
be satisfied therewith: And if not good, Adriaen Keyser shall immediately
in their presence replace it; but if he does not do so, the Bailiff is hereby
empowered and authorized to sell, at publick auction, the goods at David
1656] Court Minutes of New Amsterdam. 43
Frere's house, belonging to A: Keyser; after deducting costs, to satisfy
the Pltf's and pay the surplus to A: Keyser. Done this 24. Feb. 1656 in
Court.
Copy. Friday, 25* Feb: Anno 1656.
This day the survey of the streets of this City was resumed, as here-
tofore, in the Assembly of the Director General and Council of New
Netherland. They had been laid out and set off on the map with pali-
sades. On the question being put, the Director General and Council by
plurality of votes have resolved and concluded to confirm, for now and
henceforward the aforesaid survey without changing the same. There-
fore, the advancement of the same was referred to the Burgomasters of
this City, who are hereby authorized first and foremost to affix notice and
determine that all and every one by a certain time (the sooner the better),
who may be abridged or injured by the aforesaid survey, shall within the
stated time, inform the Burgomasters to what extent they consider them-
selves damaged and to agree for the advantage of the City on the lowest
price, and in case they cannot agree with parties, to refer the matter to
two or three honest persons understanding the business, and not interested
in the survey; which done, the Burgomasters shall calculate the aforesaid
lots according to the returned quota, civilly appraise and distribute them
amongst those prepared to build. But those interested shall be preferred
and are to build on their own lots themselves, according to the survey,
if they have an opportunity, and remain in the meantime possessors and
owners of their gardens and lots (falling without the line of the streets)
until they are paid therefor according to valuation; and in case of the
vacant lots falling short at the distribution, others shall be demanded ; it
being left to the Burgomasters to advise which street and lots shall be
first built on, only that according to ancient usage the deeds required
therefor shall be petitioned for and obtained from the Director General
and Council. Thus done, resumed and decided at the Assembly of the
Hon^!^ Director General and Supreme Councillors of New Netherland,
held in Fort Amsterdam the 25* Feb. 1656. Was subscribed
P. Stuyvesant.
Under stood, By order of the Hon''!^ Director General
and Councillors of N. Netherland.
C. V. Ruyven, Sec'y.
44 Court Minutes of New Amsterdam. [1656
Whereas the Honble Director General and Council have been pleased
to refer to the Burgomasters of this City the laying out the lots, which are
this year surveyed within this City, and their Honors have resolved the
said survey shall be followed; the Burgomasters aforesaid make known
hereby to all the inhabitants of the aforesaid City of Amsterdam, if any
one considers he has any interest therein, touching their gardens or lots,
that they shall, within the period of eight days after the publication and
afifixing hereof, communicate such interest at the Secretary's office of this
City, so that the Burgomasters may estimate each person's interest ac-
cording to circumstances, and the same being done every one who
intends to build, is to be granted lots according to regulations to be then
fixed thereon. Thus done and published from the City Hall of this City
of Amsterdam in N. Netherland. Done this 26* Feby. 1656.
The Burgomasters of this City of Amsterd" in New Netherland find
that many in this City take little care of fire and chimney cleaning,
whereby fire in many instances has been caused and hereafter more
danger of fire is incurred, especially as the greater part of the houses are
built of wood, some covered with reed, with wooden and clapboarded
chimnies, which is very dangerous — To prevent which as much as pos-
sible, we have with the approbation of the Hon^!* Director General and
Council of New Netherland appointed as Fire Inspectors Hendrick Hen-
dricksen Kip, Govert Loockermans and Christian Barentsen who are
hereby authorized, pursuant to the placards of the Director General and
Council heretofore published, to visit when it pleases them all the houses
and chimnies within the jurisdiction of this City, and to make such
orders for the prevention of fire therein and cause the same to be
executed, as they shall find necessary, according to the placards afore-
said and customs of our Fatherland. Thus done and enacted in the
Court at the City Hall of this City and published this 26'^ Feb. 1656. at
Amsterdam in New Netherland.
Copy.
Extract from the Register of Resolutions of the Honble Director
General and Councillors of New Netherland, passed in their Assembly, on
Friday, 25'^ Feb? 1656.
The Burgomasters of this City have remonstrated to the Assembly,
that the labour and trouble, which they daily incur and experience in
1656] Court Minutes of New Amsterdam. 45
their aforesaid quality, is increasing and augmenting, so much that it is
very difficult for them to attend to the office of Guardians of Orphans,
(which they hitherto have filled) in such a manner as they wish. They,
therefore, request that two honest and notable persons may be appointed
and authorized, whose duty it shall solely be, to attend to orphans and
minor children, within the jurisdiction of this City, and to administer to
their property within and without this City to the best of their judgment,
or to cause the same to be administered and care and attention to be
taken thereof.* To which end they nominate four persons, and request
the Director General and Council to elect from the same two as Guar-
dians of orphans, which being taken into consideration the Director
General and Council have elected and confirmed out of those named, as
they hereby confirm Paulus Leenderts van die Grift and Pieter Wolferts.
van Couwenhoven. Done, Fortress Amsterdam in New Netherland. As
above. Under Stood —
Agrees with the aforesaid Register
(Signed) C. v. Ruyven Secrety.
Copy.
Extract from the Register of Resolutions of the Hon"^ Director
General and Councillors of New Netherland, passed in their Assembly, on
Friday, 25'^ Feb. 1656.
On the proposition and request made by the Court of Burgomasters
of rhis City, that a proper person may be commissioned and appointed as
Broker to the Merchants, which being taken into consideration, the
Director General and Council therefore, having attended to the reports
and information communicated of the fitness of the person of Jan Peecq
as speaking the Dutch and English languages, have the same accepted,
commissioned and appointed as one, who shall have to fulfill the duties of
said office in all faithfulness and diligence on the order and instruction of
the Burgomasters of this City to be given to him. Thus done in our
Assembly held in Fort Amsterdam in New Netherland. This as above.
Under Stood; Agrees with the aforesaid Resolution.
Signed, C. V. Ruyven, Secretary.
To the Hon^.'^ Burgomasters of the City Amsterdam.
Jan Peeck, Burgher and inhabitant, here, respectfully makes known,
* For the law regulating Orphan Courts see Rooseboom, Recueil, chaps. 28 and 58.
46 Court Minutes of New Amsterdam. [1656
that the Dutch and English merchants have frequently requested him in
the matter of their business to act as Broker for them, which he could not
permit himself to do without the previous consent of your Honors. And
whereas he, the petitioner, is burthened with a wife and nine children and
the merchants in general would willingly help him to support his family, he,
therefore, very respectfully requests, that your Honors would be pleased
to allow him such commission, instruction and salary, either according
to the laudable custom of Amsterdam, or as it otherwise shall be deemed
advisable. Remaining your Honors' obedient servant,
Jan Peeck.
Endorsement.
Having received the approval of the petitioner's request by the
Hon*'!^ Director General and Council, his petition is granted; and in the
exercise of his office, he shall, as far as possible, and the circumstances
of the country permit, regulate himself by the laudable custom of our
Fatherland's City of Amsterdam, in force in the matter of brokerage,
and enjoy for his salary one and a half stiver for every pound Flemish,
Holland currency, which shall be paid, half each, by the buyer and seller.
Thus done until further order and arrangement of affairs. Done, this
26'.*" Feby. 1656 at Amsterdam in New Netherland.
By order of the Burgomasters of the City
of Amsterdam in N. Netherland,
Jacob Kip, Secretary.
Monday, 28'^ Feby 1656. In the City Hall. Present the Worshipfl.
Heeren Cornelis van Tienhoven, Oloff Stevensen, Allard Anthony,
Johannes Verbrugge, Jacob Strycker, Jan Vinje, Willem Beeckman, and
Hendrick Kip.
Marretie Jans, pltf. v/s Maghteltie, wife of Dom^ Megapolensis,
deft. Pltf. says that deft, sent for her to give her some money, which
she had earned from her, and that she then told her, at her house, that
she stole and took i| beaver and some lace from her premises. Re-
quests of the Court, that deft, shall prove the same, or grant her an acte
contradicting the same, so that she may remain uncensured, like an
honest girl, who must earn her livelihood, etc. Cornelis van Ruyven as
attorney for deft, his mother [in law], denies that mother had so spoken
1656J Court Minutes of New Amsterdam. 47
to her, but that the Negress, Palasse, had so spoken of her in presence of
deft. Requests that pltf. shall prove, that she had lost her character, or
otherwise acknowledge that she has lied. The Court orders, that deft.
shall be granted copy of the demand.
Jacobus Backer, pltf. v/s Catrina d' Silla, deft. Deft, appeared in
Court with the Heer Silla and as pltf. is absent, only default was decreed.
Warnaer Wessels (in quality as Farmer of Excise of Wine and Beer)
pltf. v/s David Frere, a Jew, deft. Pltf. entering his demand in writing,
deft, requests copy thereof to answer thereunto at the next Court day.
Which request of deft, is consented to.
Jacob Cohin, pltf. v/s Pieter Monfoort, deft. Pltf. says, that he has
hired a certain canoe about 2 @ 3 months ago to one Pieter Jansen; the
said canoe was taken away and he found it with deft, and arrested it here.
Requests, that the arrest be declared valid and deft, condemned to allow
him to retain the canoe. Deft, denies, that it is pltf's canoe, saying that
after the truce with the Indians he bought said canoe from them and
paid for it. Requests that witnesses may he heard thereupon. Jan
Marten and Pieter Jansen appeared in Court and declare that deft. Pieter
Monfoort purchased the said canoe which pltf. had here seized, from the
Indians in their presence, just after the truce with the savages, in the
last of October and that the same has been always since that time used by
Pieter Monfoort; but refuse to confirm the same by oath. Therefore the
Court orders pltf., Jacob Cohin, to prove by next Court day, that it is his
canoe. In the meantime the arrest on the canoe is declared valid.
Andries Vander Sluys, pltf. v/s Jacob Eldertsen, deft. Deft's 2".''
default. Pltf. making a claim for rent is ordered to issue another sum-
mons.
Paulus Schrick, pltf. v/s Sara Joris, deft. Pltf. demands payment
of a note fl. 84.5. signed by her deceased husband in April 165 1. Deft.
says, she knows nothing of the debt inasmuch as pltf. has not spoken to
her for a long time; also that it was not counted in the settlement of the
deceased's estate. Requesting delay for the payment until next harvest.
Pltf. says on account of this inconvenience, that he is content with that.
Therefore the Court condemns deft, then to pay pltf. or his order.
Jacob Steendam, pltf. v/s Solomon La Scheer, deft. Deft's 2"? de-
fault. Pltf. demands payment of a quarter's rent, being about 39 gl.,
48 Court Minutes of New Amsterdam. [1656
which deft, refuses to fulfill. The Court decrees, on the 2^ default, that
deft, shall deposit with the Secretary the demanded sum.
Michel Paulusen, pltf. v/s Arent Callebuys, deft. Pltf's wife ap-
pearing in Court and prosecuting the arrest, served on Jacob Haey,
demands of deft, payment of fl. 33. balance of a/c for board and incurred
expenses. Deft, acknowledges to owe only fl. 22. Offers to pay pltf.
the balance as proved or declared to be fairly belonging to her. Pltf.
undertakes to prove the same. Parties being heard, the Court orders pltf.
to lift the fl. 22., which the deft, acknowledges to owe, and that the
remainder of the money shall remain arrested until the next Court day,
when pltf. shall prove, or swear to her claim.
Tryntie van Hengelen, pltf. v/s Jannetie Melyns, deft. Pltf.
demands, that deft, shall account to and settle with her for what belongs
to her. Cornelia Schellinger, as security and attorney for deft., her
mother, answers that the mother has not the ace' here, but at the North.
Requests delay until her return, being shortly. The Court grants deft.
her request.
Maria Geraerdy, pltf. v/s Harmen Douwessen, deft. Pltf. demands
payment of fl. 53. Deft, acknowledges the debt. Offers to pay. Was,
therefore, condemned to pay the pltf.
Nicolaes Barnar, pltf. v/s Jan Martyn, deft. Both in default.
Jacob Schellinger, pltf. v/s Annetie Smith, deft. Pltf's wife appears
in Court demanding payment of a balance of fl. 68. Deft, pleads offset,
which is at her farm. Requests time to the next Court day. Promises to
pay what is due to pltf. The Court grants deft., according to her re-
quest, time until the next Court day to produce her a/c, on pain of
being deprived of her right.
Jacob Schellinger, pltf. v/s Tryntie Heymans, deft. Deft, in de-
fault.
Jacob Schellinger, pltf. v/s Tryntie van Hengelen, deft. Pltf's
wife appeared; requests, as on the last Court day, payment of fl. 22.
Deft, answers as before: denies having received any goods from the de-
ceased and demands proof. Pltf. says, on the other hand, she has no
proof. The Court continues the order aforementioned, that pltf. shall
prove, deft, has assumed to be heir of, or received any goods from the
deceased.
1656] Court Minutes of New Amsterdam. 49
Master* Jacob Vervanger, pltf. v/s Fop Jansen Outhout, deft. In
case of arrest. Deft, in default. Pltf. appears in Court giving in writing
reasons of the imposed arrest, and requests, that the Court will be pleased
to declare the arrest good, being for payment of fl. 144 in Holland.
Whereon was endorsed — Fop Jansen being hereupon summoned to the
Court of Burgomasters and Schepens is in default. Therefore the arrest
is declared valid, and pltf. ordered to summon the abovenamed Fop
thereon for the next Court day, and if he continue in default, pltf. is
authorized to imprison deft.
Cornelia Schellinger, pltf. v/s Adriaen Keyser, deft. Pltf. demands,
as on I7'^ of last January, payment of fl. 30. 2. Deft, acknowledges the
debt as before. And whereas the deft, remains in default, on the order
of 17 Jan'y aforesaid, to shew, that Jannetie Melyn had accepted to meet
the abovementioned fl. 30. 2. the Court condemns deft. Adriaen Keyser
to pay pltf. within 8 days.
Pieter Cornelissen Clyn, 'pltf. v/s Egbert van Borsum, deft. Deft,
in default.
Adriaen Keyser, pltf. v/s Jacob Haey, deft. Deft, in default.
Ida Cornelissen, pltf. v/s Frans Jansen van Hoochten, deft. Pltf. in
default. Jan Evertsen Bout, appeared for pltf. rendering demand.
Deft, excepts. Says he now has nothing to do with Jan Evertsen. De-
fault was therefore granted.
Albert Trumpetter, pltf. v/s Lubbert van Dincklage, deft. Pltf's wife
appeared in Court demanding payment of fl. 60.4 for incurred expenses,
according to her notice. Jan Willemsen Iselstyn, as attorney for deft.
Lubbert van Dinclagen, offers to pay the pltf. if she verify her claim on
oath. Pltf. being thereon heard, offers to declare on oath, that the afore-
said fl. 60. 4. honestly belongs to her. Therefore the Court condemns
the deft, or Jan van Leyden as his attorney, to pay the abovementioned
fl. 60. 4 and that within 8 days.
Jan Willemsen Iselstyn as attorney of Lubbert van Dincklagen, pltf.
v/s Harmen Douwesen, deft. Relative to certain sheep with the increase
thereof, together with 31 lbs. twisted tobacco @ 6 stiv. per lb. And
whereas the Court wish to have further light on the case, before they
dispose thereof, it is ordered that Jan van Leyden shall appear with his
principal by the next Court day.
* Title given to surgeons.
50 Court Minutes of New Amsterdam. [1656
Skipper Symon Claessen, pltf. v/s Thomas Hall, deft. Pltf. render-
ing his demand in writing, being for payment of fl. 448. 8 with costs,
damages and interest thereon according to vouchers exhibited. Deft,
acknowledges the debt, says that only fl. 150 are in dispute, which
Johannes van Twiller has accepted to pay the skipper. The Court
orders, that copy of the written demand be granted to deft, to answer
thereunto in writing by the next Court day.
The case in dispute between Pieter Jansen and Huybert Jansen
Stoeck relative to rent, and the writings and proofs produced by
parties being examined, the Court have ordered parties to bring in their
accounts and claims in writing, on both sides, by the next Court day,
when disposition shall be made thereof.
Maria Verleth and Cornelis Schut appeared in Court each rendering
in writing their request relative to the matter in dispute between them,
whereon was endorsed — Ordered by the Court, that parties shall mutually
receive copies of each others papers, to make use of the same at the next
Court day.
Anthony Jansen and Jacob Teunissen appeared in Court relative to
the difference, pursuant to order of last Court day; and whereas Antony
Jansen has not exhibited sufficient proof, according to his last offer, it is
ordered as follows: — The Court of the City of Amsterdam in N. Neth*?
orders, that Anthony Jansen shall prove by contract or witnesses, that he
hired Jacob Teunissen, according to his statement, for one year for the
sum of fl. 150, 2 prs shoes and free washing.
To the Hon*"!^ Director General and Council of New Netherland resid-
ing in Fort Amsterdam.
The Burgomasters of this City of Amsterdam respectfully represent,
that the Church requires some necessary repairs; and whereas some
Churchwardens have either left or died, therefore the Hon^'.^ Director
General is requested in his capacity, to attend to the said Church; in
order, then, to relieve the Hon''!^ Director General of the trouble, and to
forward the repairs of the Church, the Burgomasters respectfully request,
that your Honors would be pleased to appoint Churchwardens,
Endorsement.
The Heer Nicasius d' Silla and Govert Loockermans are elected for
1656] Court Minutes of New Amsterdam. 51
this year Churchwardens, to enter on first March of this year. Dated xii
Feb. 1656. Amsterdam in N. Netherl"? Was subscribed
P. Stuyvesant.
By order of the Hon*"!^ Director and General and Supreme Council of
N. Netherland,
Signed C. v. Ruyven, Secretary.
To the Hon''!'' Director General and Councillors of N. Netherland.
The Burgomasters of this City of Amsterdam in New Netherland re-
present, with all due respect, how our nation has daily witnessed with
deep regret and reproach the insolence which the Indians commit within
this City by getting drunk etc., which cannot be prevented unless you
imitate the custom of our neighbours of N. England and Virginia, who at
divers times (as we here on the I5'^ of last Septemb^) have experienced
great massacres under the guise of friendship, permitting them to come
as friends into their houses and villages, whereby hundreds have been
killed unawares and without cause, by the Barbarians.
We request respectfully, for the public welfare and better security of
this City, that your Honors would be pleased to renew the Placard made
against the drunkenness of the savages, as well as to cause it to be executed
against those, who sell brandy here to the Indians. Also that you may
enact that, henceforth, no Indians shall come into this City to sell their
goods except at one place to be designated by you, unless they be Am-
bassadors from Chiefs; also that no burghers or outside people shall
receive them in their houses or lodge them at night on severe penalty to
be enacted by you, which being done, we trust that these treacherous and
faithless heathens (who in the most profound season of peace have unex-
pectedly inflicted the greatest injuries on us and our neighbours, by
murders and robbery) may be frustrated in any designs they may practise
as heretofore, and in case the ordinary indulgence fail them, our nation
shall dwell in more security, provided always good guard be kept espe-
cially on Sundays during Divine Service. Requesting that your Honors
take this into consideration and grant us an answer on the margin hereof.
Was subscribed by the Burgomasters
Oloff Stevensen,
Allard Antony,
Done this 3"? March 1656. at Amsterdam in N: Netherland.
52 Court Minutes of New Amsterdam. [1656
Endorsement on the accompanying Petition.
Extract from the Register of Resolutions of the Honble Director
General and Council of New Netherland adopted in their Assembly on
Friday, s'? March 1656.
The accompanying petition of the Burgomasters of this City being
considered, the Director General and Council find it to consist, in sub-
stance, of three seperate propositions.
The first relates to the renewal of the placard regarding the drunken-
ness of the Indians and those here, who sell them brandy. The Director
and Council resolve, that the same shall be renewed, and the Burgomas-
ters are hereby authorized to summon some of the principal Burghers
either before themselves as Burgomasters or before their Bench of Justice,
and explain to them the danger, which must accrue from the sale of
brandy, and how necessary it is to prevent the same; which the better to
perform, they are to bind and oblige such Burghers on oath to assist in
discovering this bad practice, [and if they perceive any such thing, to
inform thereof without any distinction of persons.
The second point has reference to the tarrying of Indians during the
night, within the walls of this City; which inasmuch as it concerns prin-
cipally the Burghery and further evil may arise therefrom, the Burgo-
masters and Schepens are authorized to prepare some placards and
ordinances thereupon, and to publish the same on being communicated,
according to their instructions, to the Director General and Council. On
this subject the Burgomasters are particularly recommended to set off and
enclose this City with palisades in the form as it was begun by them and
by us. Which done, the good Burghers will be out of danger, and better
able to exclude the wild barbarians and bring them to subjection.
The third relates to the maintaining of some watch during Divine
Service. Director General and Council authorize the Burgomasters, on
consultation with the Burgher Captains, to cause a corporal's guard, on
half the Sunday, to patrol and keep watch during Divine Service. Mean-
while the Director and Council shall protect, with their soldiers the
Burghery, who come to Church. Done in Our Assembly held in Fort
Amsterdam in N. Netherland, as above.
Under Stood, Agrees with the aforesaid Register,
C. V. Ruyven, Secretary.
1656] Court Minutes of New Amsterdam. 53
Monday, 6'!' March, 1656. In the City Hall. Present the W:
Heeren Corneli.s van Tienhoven, Oloff Stevensen, Allard Anthony, Jacob
Strycker, Jan Vinje, Will"? Beeckman, and Hendrick Kip.
Cornelis van Tienhoven, in quality of Schoiit of this City, pltf. v/s
Rendel Huwit, deft. Deft's wife appears in Court, as her husband is
absent. Pltf. says, that deft, has tapped and has had fellows in her
house, after bell ring. Requests that she be condemned according to the
Placard in the fine therein enacted, and be deprived of her business.
Deft, says, she was ignorant of such order, and has obeyed it since she
was warned by the officer's deputies. And whereas pltf. has not the
aforesaid placard here with him, it was ordered that he shall produce it
on the next Court day.
Cornelis van Tienhoven, in quality of Schout of this City, pltf. v/s
Hans Styn, deft. Pltf. says that deft, has tapped on Sunday during
Divine Service, and that the people had been fighting in his house, and
wounded each other as appears by the blood which was found there.
Requests that his business shall be stopped, and he be condemned in the
fine enacted in the Placard. Deft, acknowledges to have tapped on
Sunday, but for none except strangers, who come to eat their usual Sun-
day meal without having been drunk, or having, to his knowledge, been
fighting, or wounded each other. The Court orders, that the officer shall
exhibit at the next meeting the ordinance hereunto enacted, when dis-
position shall be made of this case. Meanwhile deft, is to pursue his
business.
Same pltf. v/s Soloman Lascheer, deft. In the case of deft, tapping
after the evening bell. Deft, acknowledges, that there were people, but
shews by divers declarations that he would not tap for any person after
bell ring. Therefore the pltf's demand is dismissed.
Jacob Steendam, pltf. v/s Solomon La Scheer, deft. Pltf. demands
payment of a quarters rent. Deft, acknowledges to have lived one
quarter in pltf's house, but says it was not delivered tight nor in good
order. Insists, therefore that he does not owe full rent. Parties being
heard, the Court has referred the matter in dispute between them to two
arbitrators, to wit — Hendrick Willemsen, baker, and Tomas Lambertsen,
who are hereby authorized if possible to reconcile the parties or to report
in writing to the Court.
54 Court Minutes of New Amsterdam. [1656
Jacobus Backer, pltf. v/s Catrina de Silla, deft. Pltf. rendering his
demand in a written memorial, being for difference of 27 beavers, which
are either good or bad. Deft, answers in writing. Therefore the Court
orders, that copies shall be mutually rendered to parties, to answer at the
next Court day and to exhibit on either side proper proof.
Maria Verleth, pltf. v/s Joost van Beeck, deft. Pltf. says, that
Secretary C. v. Ruyven sold by publick auction two negresses for the sum
of a. 305 each, which belonged to her dec^? husband and complains that
deft., Joost van Beeck, has taken to himself the payment received for one
of the wenches in tobacco and forbade the Secretary to pay pltf. for the
other. Requesting, that deft, shall explain, why he did so or that he
shall be condemned to restore to her the payment, which he received for
the negress belonging to her, with costs. Deft, answering, acknowledges^
to have received three hogsheads of tobacco for the negress of Joh. van
Beeck dec'? which tobacco, marked N°.'' 18. 19. 20., he loaded in the ship
JVew Atnsterdam and consigned to his father Van Beeck, saying that he
has not yet been paid for the expenses of the burial of Johannes van
Beeck, nor had any satisfaction for the first cargoes, for which pltf. is at
law with Corn? Schut. Maintaining he is not bound to restore the
tobacco, before he is indemnified. Parties being heard, the Court con-
demns deft. Joost van Beeck to restore to pltf. free of cost or charge, the
said tobacco, inasmuch as he appropriated it to himself, without pltf a
knowledge or the approbation of the Court, the tobacco arising from the
sale of the negress belonging particularly to Johann van Beeck, dec"?
Allard Anthony retires from Court.
Joost van Beeck, pltf. v/s Nicolaes Boot, deft. Pltf. demands, as
before, payment of fl. 230. for a negress purchased at public vendue.
Deft, maintains, he is not bound to pay, as the negress was sold as sound
and she was sick and died the same day as proved by declaration, to wit
of Mr. Scharburgh, Mr. Jacob Huges and Teunis Kraey. The case was.
postponed by the Court to the next Court day.
The Hon*"'.' Cornelis van Tienhoven exhibits in Court of Burgo-
masters and Schepens a petition, presented by certain housekeepers, ta
the Hon''!^ Director General and First Councillor d'Silla, wherein they
accuse the government, which was left in authority here in Amsterdam on
the departure of the Honble Direct:: General for the South River, witk
1656J Court Minutes of New Amsterdam. 55
the last disaster and Indian Massacre — and the endorsement thereupon
together with the petition presented to the General and the Councillor
d'Silla by the Heer La Montagne and him Tienhoven on the same sub-
ject, and the endorsement annexed, wherein the petitioners were allowed
to take informations for the elucidation of the matter. Requesting, there-
fore, the Court, that their Honors would be pleased to appoint one or two
persons from their College as commissioners to hear and examine the
witnesses, who shall be brought before them for this purpose. The
Hon'''.'' Burgomaster Oloff Stevensen and Schepen Johannes Pt- Ver-
brugge were thereunto commissioned by plurality of votes. Done in
Court at the City Hall this 6'^ March 1656.
The Hon''!^ Tienhoven departs.
Master Jacob Hendrick Varrevanger, pltf. v/s Fop Jansen Outhout,
deft. Pltf. requests that deft, shall, pursuant to former demand and ap-
pointment, be condemned to satisfy him. Deft, appears in Court;
acknowledges the debt; promises to pay the pltf. within 12 days and in
the meantime to remain under arrest, with which he pltf. expresses him-
self content. Therefore the Court, in accordance with preceding endorse-
ment, declares the arrest valid and condemns deft, pursuant to his
acknowledgment and offer.
Warnaer Wessels, pltf. v/s David Frere, deft. Pltf. persists in his
former demand. Deft, answers, pursuant to the order of last Court day,
in writing. Pltf. requests copy of the same which was granted him,
Pieter Jacob Buys, pltf. v/s Abraham La Nooy, deft. Pltf. says he
has a power of attorney against deft., demanding by virtue thereof pay-
ment of fl. 2270. 5 cash in Holland. Deft, requests copy of the demand
in order to answer the same in writing. The Court grants deft's request.
Abram La Nooy, pltf. v/s Pieter Jacobsen Buys, deft., requests, that
deft, be heard on certain interrogatories. Deft, answers on the proposed
interrogatories as appears by the Minute.
Jacob Teunissen, pltf. v/s Anthony Jansen, deft. Pltf. persists in
his demand made in the first instance and requests despatch in the case;
that deft, shall prove by contract, that he hired him pltf., as he asserted,
for a year, or to leave him unmolested and release his goods, which he
has attached. Deft. Anthony Jansen produces the previous declaration.
It appears therein, that pltf. said he was hired to deft., without ex-
56 Court Minutes of New Amsterdam. [1656
hibiting contract, or witnesses who had been present at the agreement, as
per order of last Court day. Therefore deft. Anthony Jansen was again
ordered to prove by contract or witnesses that he hired Jacob Teunissen
for one year and that for fl. 150 and two pair of shoes; whereunto time
was allowed him to the next Court day, on pain if he fail that he shall be
deprived of his claim.
Skipper Symon Claessen pltf. v/s Thomas Hall, deft. Deft, in de-
fault.
Adriaen Dircksen Coen, pltf. v/s Adriaen Keyser, deft. Pltf.
demands payment of fl. 219. 10. for his portion of the copartnership of
Blauvelt in the captured prize " Tabasco " sold here; according to judg-
ment of the Hon'';^ Director General and Council. Deft, says, that the
Hon'''.' Tienhoven has accepted to pay fl. 166. in deduction of the
demanded sum, and promises to satisfy for the remainder in the after-
noon. Pltf. says, he is content with the Hon*'!' Tienhoven, should he
accept, and if he receive the balance from deft. The Court condemned
deft, to pay pltf. according to promise.
Fop Jansen Outhout, pltf. v/s Jacob Schellinger, deft. Pltf. says that
he gave deft, last year certain lace to the amount of fl. 23. belonging to one
Sieur Josias Tulkes of Amsterdam — that he delivered the same to deft.
And whereas Govert Loockermans now has power of att'y and demands
the money of him, requests that he may be discharged. Deft, admits ac-
cording to his declaration given in, that he has received the lace from
pltf., but says that the same was burnt with all his property in the last
trouble with the Indians. Whereas deft, acknowledges to have received
the lace in question from pltf., the latter was discharged from any claim
which Govert Loockermans may make on him regarding it.
Fop Jansen, pltf. v/s The Clerk of the ship the Balance, deft. Deft,
in default.
Jacob Schellinger, pltf. v/s Annetie Smits, deft. Deft, in default.
Stoffel Elsers, pltf. v/s Tomas Riet, deft. In case of arrest. Pltf.
says that he sold to deft, (before his, pltf's, departure for Virginia) as
many planks, as he had lying at Henry Nuton's at Mespadt receivable
there. Requests payment of the same @ 25 stiv a piece, about fl. 77.
Deft, acknowledges the purchase aforesaid, but says that Henry Nuton
refused to deliver him the planks — Maintains, therefore, inasmuch as he
1656J Court Minutes of New Amsterdam. 57
has not received, he is not indebted. Pltf. replying says, that deft, gave
away and appropriated some of the planks. Deft, denies the same.
Therefore pltf. is ordered to prove, that deft, removed the planks.
Meanwhile arrest was removed.
Claes Jansen, pltf. v/s Aryan Sips, deft. Deft's i" default. Pltf.
appearing in Court sues for the arrest placed on the monies in the hands
of Jan Hendrick, and requests that the same be declared valid. The
Court declares (by virtue of the contumacy) the arrest valid.
Jan Cornells^ Clyn, pltf. v/s Egbert van Borsum, deft. For pay-
ment of II beavers being wages earned at deft's house and difference
of account. Burgomasters and Schepens refer parties to two arbitrators,
namely Jacob Steendam and Christian Barentsen, to settle their accounts;
if possible to make them agree, or to report to the Board.
Lubbert van Dinclage, pltf. v/s Harmen Douwesen, deft. Pltf. says,
that he delivered to deft.. Anno 1648. 2 sheep and i ewe on halves, and
to the present time received nothing therefrom. He requests delivery of
capital with the increase thereof, together with payment of 31 lbs. of roll
tobacco delivered to deft., which cost 12^ stivers the lb. Deft, answers,
that he sold in Oct. 165 1. to Govet Loockermans 7 head of sheep and
wethers @ 19 gl. each, which were bred and remained from the 2 sheep
and one ewe received from pltf., and from the two sheep, which they
added, without any more increase or gain having come therefrom, and
exhibits by letter from Govert Loockermans, that he has given half the
money to him Dinclagen. Regarding the 31 lbs. of tobacco he acknow-
ledges to have received the same. Offers to restore it. Parties being
heard, the Court condemns Harmen Douwesen, the deft., to render unto
Dincklagen account and proof of what is come of the increase of the
sheep, and where the same, with the proceeds, has remained; and to
satisfy the pltf. for the tobacco.
Jacob van Couwenhoven, pltf. v/s Teunis Kraey, deft. Pltf.
demands payment of fl. 701. 18. 8 balance of a/c according to extract
from his book. Deft, denies the debt, as pltf. would never account with
him, but always with his wife. Requests that pltf. shall shew hand-
writing. Whereas no handwriting appears, the Burgomasters and
Schepens refer parties to two arbitrators, Paulus Schrick and Pieter
Schabank to settle their accts before them, and if possible to come to
58 Court Minutes of New Amsterdam. [1656;
an agreement, or otherwise to deliver their opinion in writing to the
College.
Jacob van Couwenhoven appearing in Court: requests, as brewer,.
that the Court should stamp the beer barrels. Answered, that such,
should be done immediately.
Jan Evertsen Bout, pltf. v/s Frans Jansen van Hoochten, deft.,
Deft's i" default.
Sara Schepmoes, pltf. v/s Adriaen Keyser, deft. Pltf. demands,
payment of fl. 60. Deft, acknowledges the debt; says he gave an assign-
ment on U. van Schelluyne for fl. 40, who promised by signature to meet,
the same. Offers to pay the remaining fl. 20. to pltf. immediately..
Therefore, pltf. is ordered to accept for payment, the assignment on
Schelluyne for fl. 40. and deft, is condemned to pay pltf. without delay
the remaining fl. 20.
Adriaen Keyser, pltf. v/s Jacob Haey, deft. Relative to difference
of a/c as before. Deft. Jacob Hey requests that the Hon"^ Cornelis.
Tienhoven shall prove the entry placed to his a/c, when he is ready to
pay. Therefore the Hon''!^ C. v. Tienhoven is ordered to give, at the next.
Court day, pursuant to the decision of arbitrators, explanation of the-
difference between Jacob Hey and Keyser, relative to the article given up
by him as per list.
Arent Calebuys, pltf. v/s Marretie Joris, deft. Pltf. says, that deft,
lifted certain fl. ^^, contrary to the order of the Court, which he had
arrested. Requests that she shall prove that it belongs to her. Deft, denies
the same; exhibiting specification of a/c against fl. 11. in dispute;
declares, under offer of oath, that the remaining fl. 11. are lawfully due
her; requests to be allowed to lift the arrested fl. 2^.
Nicolaes Barnae, pltf. v/s Adriaen Vincent, deft. Pltf. requests,
that deft. A: Vincent, be condemned to pay him for 15 days that he had
been to the North to look for Jacus La Motte @ fl. 2^ per day, and fl. 17
incurred expenses, as he remained bail therefor having La Mottes goods,
which came from Holland, in his possession. Deft. Ad" Vincent says^
he is ready to pay pltf. on condition, that he do so by order of the Court,
so as to have his recourse against La Motte' s goods. Therefore the
Court condemns deft, to pay pltf. his demand aforesaid, on condition of
holding his guarantee against the goods which he has in his hands belong-
ing to La Motte.
1656] Court Minutes of New Amsterdam. 59
The case in question between Pieter Jansen and Huybert Jansen
Stock being considered, and parties demanding expedition, either by-
arbitration or judgment, the Court refers them to David Provoost and
Joost Teunis".van Noorden to settle the difference if possible or to report
in writing.
On Saturday, the lo'?* of March 1656, appeared in the City Hall the
Hon''!^ Oloff Stevensen, appointed Commissioner with Joh. Pt- Ver-
brugge, to hear witnesses at the request of the Hon'''." La Montagne and
C. V. Tienhoven. And Whereas Joh: Pt' Verbrugge fails to attend and
the witnesses being summoned are ready to be heard, Jacob Strycker and
Willem Beekman were invited by the Hon''!'' Oloff Stevensen as Burgo-
master, who appearing remained as Commissioners in the matter of the
informations, took and signed the same as appears thereby.
Monday, the 13. March 1656. In the City Hall. Present the W.
Hereen, Oloff Stevensen, Allard Anthony, Jacob Strycker, Jan Vinje,
Will™ Beekman, and Hend'k Kip.
Symon Claessen skipper of the Ship The Floiuer of Gelder, pltf. v/s
Tomas Hall, deft. Pltf. persists in his previous demand, copy whereof
he delivered to deft, pursuant to order to answer in writing, requesting,
therein, that deft, shall be condemned to hand in and pay fl. 448. 8.
balance of purchased hops and malt with interest thereon @ 10 per cent,
from 17* March 1655 to the actual payment of the same and the freight
of the tobacco conveyed to Holland; and that without longer delay here,
in good inspected tobacco @ 6 stiv: per lb. according to decision of
arbitrators, approved by the deft, under his signature in date if^ March
afores"? with costs. Deft, answers orally: acknowledges the debt, and
that he approved and signed the decision through compromise: Offers to
pay the principal. Maintains he owes no interest, as pltf. on his de-
parture last year, left no attorney here, to whom the same could be paid.
Parties being heard, the Court condemns deft. Tomas Hall, according to
the decision signed by himself, to pay pltf. the aforesaid fl. 448. 8 with
interest thereon @ 10 per cent, here in good merchantable tobacco at 6
stivers per lb., within the term of 3 days from date, as well as the freight
of the tobacco to Holland, also to pay costs hereby incurred.
Master Hans Kierstede, pltf. v/s Adriaen Keyser, deft. Both in
default.
6o Court Minutes of New Amsterdam. [1656
Adriaen Dircksen Coen, pltf. v/s Adriaen Keyser, deft. Deft, in
default.
Willem Pamer, pltf. v/s Marretie Joris, deft. Pltf. in default.
Pieter van Couwenhoven, pltf. v/s Marretie Joris, deft. Pltf. de-
mands payment of fl. 443. for beer delivered according to a/c. Deft,
acknowledging the debt, requests to offset fl. 234. 9. due according to a/c
from pltf's brother Jacob van Couwenhoven. Pltf. replying refuses the
offset; says he has nothing to do with it. Parties being heard, the Court
condemns deft, to pay pltf. aforesaid fl. 443. without his being obliged to
accept any offset, and that within six weeks.
Pieter van Couwenhoven, pltf. v/s Jan Rutgersen, deft. Pltf. de-
mands payment of fl. 79. 4 for delivered beer. Deft, acknowledges the
debt and requests to offset what is due him from pltf's brother. Pltf.
replies; says he has nothing to do with the offset. Parties being heard,
the Court condemns deft, to pay pltf., within 6 weeks from date, the
aforesaid fl. 79. 4.
Marretie Joris, pltf. v/s Jacob van Couwenhoven, deft. Pltf.
demands payment of fl. 234. 9. according to a/c. Deft, requests, that
pltf's husband shall come to a settlement with him. Says he does not re-
fuse her what lawfully belongs to her. Parties being heard, deft. Jacob
van Couwenhoven was ordered to settle with Michel Pauluzen within 5
days from date.
Herry Hoskis, pltf. v/s Willem Heycks, deft. Both in default.
Jacob Steendam, pltf. v/s Aryaen Woutersen, deft. Deft, in default.
Joost van Beeck, pltf. v/s Nicolaes Boot, deft. Deft, in default.
Papers of parties being examined, it was ordered that M' Scharborgh's
declaration, produced by N. Boot, being in English, shall be translated
into Dutch by the next Court day, when the matter shall be disposed of.
Jan Van Leyden, pltf. v/s Lysbet Tysen, deft. Deft, in default.
Jan van Leyden, pltf. v/s Allard Anthony, deft. Pltf. requests
delivery of a certain obligation, which has been paid, but cannot be got
from deft. Deft, says, he has not refused the same. Now claims pay-
ment of costs incurred in preceding suit. The Court postpones the case
to next Court day.
Claes Jansen, pltf. v/s Aryaen Sipsen, deft. Defts 2'^ default.
Pltf. appears in Court, saying, that he worked two days last harvest with
1656] Court Minutes of New Amsterdam. 61
deft, and cannot, to the present time, receive any money; demands fl. 2^
per day besides costs of summons and loss of time etc. Requests to be
allowed to take his debt out of the monies arrested with Jan Hendricsen.
The Court condemns deft, in consequence of his contumacy to satisfy
pltf. and permits pltf. to take, under bail, the fl. 5. of wages, and to bring
on next Court day specification of the costs.
Geertruyt Jacobsen, pltf. v/s Claes Bordingh, deft. Deft's i^' de-
fault. Pltf. appears in Court making known her case, being a claim for
hire (wages) earned by her son from one Gillis, who is dead, and for
whom deft, is Curator or Agent; and whereas deft, is in default, pltf. is
ordered to prove her claim.
Jan Rutgersen, pltf. v/s Pieter Jansen, deft. Both in default.
Nicolaes Verleth requests verbally despatch relative to the pearls de-
posited by Helletie Jansz. Whereon was endorsed: — The Court persists
in its last issued orders of the 7*^ and 21. Feb: ult°
Isaack de Foreest appears in Court, complaining that Dirck van
Schelluyne still refuses to fulfill the judgment pronounced against
him by the Court. Requests as before, that execution be issued. En-
dorsement:— The request being found just, the Hon''!* C. v. Tienhoven,
as Schout, is hereby ordered by the Court, to execute the judgment
obtained by petitioner against D: v. Schelluyne.
Sybout Claessen, appeared in Court exhibiting a petition and Apostille
granted by Burgomasters and Schepens relative to the sheetpiling beside
the City Hall. Requesting that said order be obeyed, so that further loss
be prevented by the high water. Ordered by the Court, that the Court
Messenger shall with petitioner see the neighbours; and the City Hall
having being finished, will call on them to line the bank with boards
according to Order; or in default thereof, such shall be done at their
expence.
Jacob Cohen appeared in Court exhibiting a declaration relative to
the canoe in dispute with Pieter Montfoort. Whereupon the Court
orders, that the evidence shall be collated on the next Court day,
Lourens Jansen appeared in Court relative to the dispute between
Antony Jansen van Vaes and his man Jacob Teunissen, afifirming his
given declaration, and declares also that he had never absolutely dis-
charged his man aforesaid, but that he solely loaned him to Antony
62 Court Minutes of New Amsterdam. [1656
Jansen thro' friendship. And whereas the weather is bad and Antony Jansen
cannot well come, he was still granted 8 days according to previous order.
Catrina d'Silla answers in writing relative to the matter in question
against Jacob Backer. Whereon was endorsed — Ordered by the Court,
that copy hereof shall be granted to Jacob Backer and that parties on both
sides shall produce their vouchers and documents by the next Court day,
when the matter shall be disposed of.
On the petition of Hans Styn to settle with the Hon'''.^ Schout, was
endorsed — Petitioner's request is laid over for the present.
Cornelis Schudt and Maria Verleth mutually present a petition,
whereon was endorsed: — Ordered by the Court, that parties on both sides
shall be granted copies of their papers, to use the same on the next Court
day, and then to produce all that is material. Meanwhile, the same are
ordered to deposit with the Secretary the books, papers and accounts in
question on both sides.
Abraham La Nooy answers in writing the demand of Pieter Jacob
Buys, whereon was endorsed: — Ordered by the Court, that copy hereof
shall be granted to party to answer thereunto at the next Court day.
The petition of the Burghers Court Martial was postponed until the
next Court day, as the Hon*"!^ Tienhoven is absent.
Also the petition of Isaack Kip, until the laid-out lots shall be first
distributed.
Warnaer Wessels, pltf. v/s Juffrouw Van Hamel, deft. Pltf. says,
he had a bill of exchange from deft's husband payable in Holland. And
whereas deft, said she doubted, if the Bill would be paid, he requests,
that she shall be condemned to deposit in pledge, the fl. 400., which she
promised in presence of the Hon'''.^ Burgomasters or that the wines, which
were security for the disbursed monies for which the bill was drawn,
should remain hypothecated therefor and that the arrest thereon be
declared valid. Deft, appeared, with Jacob Steendam and P. Schrick,
as attornies for N. van Hamel, in Court, to take the wines out of the
hands of the pltf., saying the wines were not left in pledge, and maintains
that deft, is not bound to deposit the money, inasmuch as it does not
appear, that payment of the bill is refused. Protesting against pltf.
for all expenses, damages and interest, which Van Hamel has already
suffered or may yet suffer, by the refusal and retention of the wines.
1656] Court Minutes of New Amsterdam. 63
Parties being heard, the Court of the City of Amsterdam by plurality of
votes decide, that deft, is not bound to deposit any monies on account of
the bill of exchange, or to hypothecate the wines therefor, inasmuch as it
does not appear that the bill, on which pltf. founds his claim, has been
refused. Therefore the arrest imposed on the wines was declared null
and invalid, and the deft, or Van Hamel's attornies, were allowed to keep
the same.
Joost van Beeck appeared on this day the I3'^ of March at the Secre-
tary's office of this City and declared to have appealed from the judgment
pronounced by the Court of the aforesaid City in date 6'^ January last in
the case between Maria Verleth as pltf., and him as deft., and that before
the Honb'? Director General and Supreme Council of New Netherland.
Wednesday, 15 March 1656. In the City Hall. Present the W
Heeren Oloff Stevensen, Allard Anthony, Jacob Strycker, Jan Vinje,
Willem Beekman, and Hendrick Kip.
The Burgomasters communicate to the Court the order granted by the
Hon''!* Director General and Council on their petition relative to the
Indians presented on the 3'! ins' And whereas the Court is not com-
plete, the disposal thereof is postponed until the Bench is full.
Further, the Placard approved by the Director General and Coun-
cil relative to the drunkenness of the Indians, is published and posted
at the City Hall.
The disposition on the petition of the Burgher Court Martial, pre-
sented to the Court, is postponed until the Hon''!* Schout is present.
On the proposition made to the Court by some of the Bench, that
some order be concluded for preparing the Burghers of this City in keep-
ing open retail stores, inasmuch as Jews and Foreigners are as much
encouraged as a Burgher or Citizen, it is Resolved that the same be taken
into consideration in full Court.
Whereas, it has frequently happened, that the Bench is not complete,
and order has been formerly taken thereupon and fines established, Re-
solved that the fines due be promptly collected and paid, and from now
henceforth shall be discharged precisely every month. Wherefore the
Secretary was ordered to draw out a list of the fines, already incurred, to
be paid by the next Court day.
64 Court Minutes of New Amsterdam. [1656
On the 15'!" of March 1656. appeared before the Secretary of this
Citv, Hendrick Hendricx, Drummer, and declared to constitute himself
bail for the person of Thomas Swartwout arrested here by A. Keyser,
that he shall appear on the next day of the Court of Burgomasters and
Schepcns to answer to the action, which the said Keyser may have against
him, or in default thereof to pay the same as his own debt, under con-
straint of his persons and goods, none excepted. In witness whereof is this
subscribed — Done as above — Signed, Hendrick Hendricksen, Drummer.
Monday 2o'^ March 1656. In the City Hall. Present the W Heeren,
Oloff Stevensen, Jacob Strycker, Jan Vinje, Hend'k Kip.
Endorsement on the petition presented in Court by some, whose
children and kindred are still captives among the Indians, proposing to
raise some means for the release of the prisoners, whether by a general
collection or otherwise: The Court decides that the petitioners' request
is consistent with justice and it is necessary, that the same be promoted,
wherefore the matter shall be communicated this afternoon to the Honble
Director General and Council and the same be encouraged in the most
speedy manner.
On the request of Mr. Jacob Hend'k Varrevanger is endorsed —
Petitioner is permitted, pursuant to previous order and appointment, to
duly imprison the person of Fop. Jansen.
Maria Verleth, pltf. v/s Joost van Beeck, deft. Deft's i*.' default.
Cornells Schutt delivers into Court pursuant to the order of last Court
day a certain blue book and the papers in the case between Maria
Verleth and him. And whereas Maria Verleth, being in Court has not
ready her documents and all that belongs to the case, the same is post-
poned to the next Court day, and she was ordered, as before, then to
produce every thing.
Jacob Steendam, pltf v/s Aryaen Woutersen, deft. Catalyntie Ver-
beeck, deft's wife appeared in Court. Pltf. says, he has nothing to do
with the woman, requests that the husband, who was summoned, shall
appear in person. Complaining, that the woman had also insulted him.
Catalyn Verbeeck says in Court, that Steendam is a liar, of which the
pltf. makes a note. The Court grants two defaults against deft, as he is.
here on the spot and orders, that he shall appear in person.
1656] Court Minutes of New Amsterdam. 65
Jacob Schellinger, pltf. v/s Elsie Nuten, deft. Pltf. demands pay-
ment of fl. 18. balance according to bill of particulars. Deft, denies the
debt, saying, she had no shirts, which stand on the a/c paid, and other
things which are in the account she has not had neither were they drawn
by her order. Says, that Baxters wife bought and drew the buttons, silk
and pasteboard, and that she paid her one beaver for them and that she
has no knowledge of the three cans of Spanish wine. Parties being
heard, the Court orders deft, to declare [on oath], that she has not drawn
the goods in question, nor had given any order for them — otherwise, in
case of refusal to satisfy pltf.
Jacob van Couwenhoven, pltf. v/s Andrew Kilvert, deft. Pltf.
requests payment of fl. 1350. in tobacco, pursuant to agreement dated 24
Nov. 1655. Requests that the arrest on the Galliot and goods be declared
valid. Deft, acknowledges the agreement, exhibiting by acquittance
from Jan Geraerdy, his security for the payment, that it was fully per-
formed ; maintains that Couwenhoven must look to Jan Geraerdy.
Whereas it does not appear, that Jan Geraerdy had authority to receive
the payment, the Court declares the arrest valid, until Jan Geraerdy shall
give reasons, why he received the payment (which deft, says was made)
and granted receipt.
Rogier Kilfort,pltf . v/s Jacob van Couwenhoven, deft. Pltf. com-
plains, that deft, has attached his goods on board the galliot here;
requests, that reasons shall be given or" the attachment be declared
invalid; claims costs, damages and interest. Deft. Jacob van Couwen-
hoven says, he has nothing to do with any person, except Andrew Kilvert,
and has stopped only the galliot and And" Kilvert; requests therefore,
that pltf's claim be discharged. The Court decides, whereas deft.
Couwenhoven has arrested no other merchant's goods, than Andrew
Kilverts galliot and goods alone, pltf. has no claim on that account, but
should the same have been arrested, they are discharged.
The Hon"' Tienhoven, present.
Jan Geraerdy, pltf. v/s Andrew Kilfort, deft. In case of arrest. Pltf.
demands payment of a balance of twelve thousand pounds of tobacco for
sale of the galliot and disbursements. Deft, answering shows receipt of
Jan Geraerdy for nine thousand lbs of tobacco. Pltf. replying acknow-
ledges satisfaction for 9000 lbs. in the case; demanding 12000 besides, as
VOL. II. — S
66 Court Minutes of New Amsterdam. [1656
aforesaid. Deft, says he has satisfied pltf. in Virginia; exhibiting dis-
charge of the claim on the galliot. Pltf. denies having been satisfied;
says, that some notes only were made over to him, the payment of which
he could not obtain. Deft, says he will give security here, should they
not be paid, that they shall be satisfied in Virginia. Parties being heard,
Jan Geraerdy was ordered to prove, that the notes were only assigned
and not received in payment, and that payment was refused; and to hand
in the account of his claim by to-morrow when it shall be [examined].
Meanwhile the arrest was declared valid.
Adriaen Blommart, pltf. v/s Pieter Dircksen Waterhout, deft. In
case of slander, for which deft, is arrested. Pltf. complains, that deft,
has injured him in his honor, good name and character by saying, that
said Blommart had caused some anchors, which were marked with an S.,
to be marked A S in the ship New Amsterdam, and requests therein
reparation and amends for the ^slander. Deft, in case of arrest and
slander answers, that he might have said so, and thinks that it must have
occurred in the ship, when he wiped off the wet A. which was on the
bottom; deft, maintains, that the pltf. has unjustly arrested him and
requests, that the Court be pleased to free him from the injury, declare
the arrest invalid and condemn pltf. for the loss and expense caused
hereby. The Court having considered the judgment pronounced by the
Director General and Council in this case, finds that Blommart ought to
be content, the rather as he, by said judgment, is absolved therefrom and
the Fiscaal's demand, moved therein, discharged. The arrest was, there-
fore declared null, and the skipper discharged therefrom, for reasons
aforesaid.
Piet' Dircksen Waterhout, pltf. v/s Adriaen Blommaert, deft. Pltf.
demands payment of fl. 178. 12 on a note, besides payment of fl. 60. for
passage and board. Deft, acknowledges the note of fl. 178. 12., offers to
pay the same forthwith. Denies the debt for passage and board. Parties
being heard, the Court condemns deft. Ad" Blommart to pay the fl. 178.
12 according to his handwriting, acknowledgment and offer. Regarding
the further claim of Piet' Dircksen for board, he was ordered to prove,
that Blommart owes for passage and board.
Samuel Scarlet, pltf. v/s Abram La Suna, deft. Pltf. says, he sold
deft, a lot of hides @ 6 stiv. the dry, and 3 stiv: the salted hides; and
i6s6] Court Minutes of New Amsterdam. 67
whereas deft, made difficulties about the wet hides, saying that there was
too much salt in them, says that they agreed, the wet hides should be
calculated proportionably to the weight of the dry hides and be paid for
@ 6 stiv. according to declaration, whereupon he received the same;
requests, that deft, shall be condemned to pay him according to the last
agreement, the wet hides proportionably to the weight of the dry ones.
Deft, says, that he agreed with pltf. @ 6 stiv. for the dry and 3 stiv. for
the wet hides, and that afterwards he meant, that the wet hides should be
received proportionably to the weight of the dry ones and paid for @ 3
stiv. per lb. ; requests, that the wet hides shall be weighed, he adhering to
his first agreement. Parties being heard and the witnesses produced by
pltf. being examined, the Court condemns deft. Abraham La Sina to pay
pltf. for the wet hides according to the weight of the dry ones @ 6
stivers per lb.
Nicolaes Boot, pltf. v/s Lourens Jansen's Wife, deft. In case of
arrest. Ptf. demands payment of balance of fl. 28. 15. according to a/c
of the year 1653. Deft, acknowledges to owe only fl. 12., says she paid
the rest to pltf's wife. But if she must pay for the meat in the a/c in full,
she would owe fl. 20. Pltf. denies that payment was made to his wife;
demands proof. Deft, offers to affirm the same, and for the present has
no proof. Parties being heard, the Court orders deft, to prove that she
has given money to pltf's wife. In the meantime the arrest was declared
valid.
Thomas Appelgat, pltf. v/s Willem Brouwer, deft. Deft's iV default.
Pltf. at his request was allowed to sue out an arrest.
Pieter Montfoort, pltf. v/s Jacob Cohun, deft. Concerning previous
difference about the ownership of a canoe. Pltf's witnesses heard in
Court in presence of deft, viz': Jan Martyn, persisting in his previous
declaration that said canoe is the one Pieter Montfoort has bought from
the Indians, refuses to swear. Pieter Jansen being heard in Court persists
in his former declaration and states afterwards, that Pieter Monfoort
gave the Indians 10 fathom of wampum for the canoe, and that it was in
the same state that it is now; refuses to swear. Whereas deft, has
witnesses also, that it is his canoe, according to their rendered declaration,
Cohun was ordered to summon the same in order, that their declaration
be collated.
68 Court Minutes of New Amsterdam. [1656
Paulus Schrick and Nicolaes Verleth, pltfs. v/s Samuel Scarlet, deft.
Pltfs. request, whereas deft, makes a claim to a certain bark, arrived
here from Virginia, sent and consigned to them, that he shall explain the
same or not prevent the departure of the vessel, exhibiting the contract
of sale. Deft, says, she is his bark, and that those, who sold her, were
not authorized to do so, and disposed of her far below her value. In
regard to the person, who sold the same, he consents to the sale of the
bark according to the contract, but requests either security for the pay-
ment, restitution of the bark or payment here. Pltfs replying, maintain,
that as the contract does not mention security, they are not bound
thereto, and know nothing but that the seller was qualified to sell.
Parties being heard, the case was postponed until to-morrow, when pltfs
shall prove, that the seller was qualified to sell the bark, and further dis-
position will be made.
Jacob Steendam appears again in Court complaining of the insults
and threats of Catalyntie Verbeeck and Aryan Woutersen. Ordered that
he institute his complaint in writing.
Tomas Swartwout, pltf. v/s Borger Jorissen, deft. Pltf. requests
delivery of a calf according to the handwriting of Borger Jorissen, dated
3 Sept' last, in which a calf chosen from three cows was promised to be
delivered when 3 weeks old. Deft's wife appearing in Court instead of
her husband, acknowledges the handwriting and that the choice of a calf
was to be given from three cows, but maintaining that, as one of the 3
cpws, which was certainly with calf, was killed on Nut Island * in the
troubles, and she lost, the cow, pltf. ought to lose the calf. The Court
having seen the aforesaid handwriting, find that Borger Jorissen has
promised to deliver pltf. a calf selected from three cows. They condemn
him therefore, to deliver to pltf. a calf from the three cows and it is
decided, that this exception made by deft's wife cannot avail, as pltf. had
not as yet made a choice.
Pieter Jacobsen Buys, replies to the written answer of Abram La
Nooy of last Court day, whereon was endorsed : — Copy hereof is granted
to party to answer thereunto at the next Court day.
Willem Pamer as attorney of Witlock requests that the W. Court will
declare null the arrest issued by Mr. Karman's wife on the wood-money
* Now, Governor's Island.
i6s6] Court Minutes of New Amsterdam. 69
delivered here to Jacob van Couwenhoven, as he has proved by the
declaration of 4 different witnesses, that it was not Mr. Karman's wood.
Mr. Karman's wife being thereon summon'? to Court was heard: says the
wood, she arrested, was delivered to her husband on the strand (whence
it was drawn away) and payment made to the aforesaid. Whereas Pamer
denies the same, Mrs. Karman was ordered to prove, by the next Court
day, that it is her wood.
Claes Jansen exhibiting, pursuant to the order of last Court day,
particulars of the expenses and time lost through the non-payment of
Aryaen Sips, which being examined he was allowed for summons, losses,
and extract fl. 3. 12. and the same is to be taken, as well as the aforesaid
fl. 5.
Jacob Teunissen appears in Court requesting despatch, as Antony
Jansen van Vaes has failed, to this time, to prove, according to previous
order of the Court, that he has hired him for a year, and cannot arrest his
clothes and property at Gravesent for the serving out of his time. The
Court having heard the petition, and noted the orders of 28'!' Feb: 6
March and 13 March, whereby Anthony Jansen was each time ordered, to
prove either by contract or evidence, that he has hired Jacob Teunissen
for a year, find that he failed therein ; therefore they discharge the afore-
said Jacob Teunissen from the claim, which Anthony Jansen may make
■on this account, and declare the aforesaid arrest invalid. Done 20
March 1656.
Extraordinary Meeting holden at the City Hall on the 21. March
1656, at Amsterdam in New Netherland. Present the Heeren Cornelis
Tan Tienhoven, Oloff Stevensen, Allard Anthony, Johannes Pt- Ver-
brugge, Jacob Strycker, Jan Vinje, Will: Beekman, and Hend'k Kip.
Andrew Kilvert, pltf. v/s Jan Geraerdy, deft. Pltf. appears in
Court, complaining that he has been arrested by deft, and requests his
discharge, or reasons and proof, why he and his galiot are seizable.
Deft, answering says, he caused the arrest in order to obtain payment
from pltf. here of 12000 lbs. of tobacco, arising from sale and balance of
■certain galliot etc. Pltf. denying the debt exhibits certain receipt for
payment. Against that deft, shews a paper of the same date signed by
Andrew Kilvert. The Court having examined the papers on both sides
yo Court Minutes of New Amsterdam. [1656
find the case somewhat obscure, the rather as on the one side and the
other, no sufficient proofs or documents have been produced. In order
then not to be troubled with a long and weary lawsuit at the expense of a
stranger, the Court order, for the good of respective parties, that the
matter shall be disposed of by four arbitrators, viz' Govert Loockermans,
Nicolaes Boot, Tomas Hall, and Pieter Buys by way of arbitration if pos-
sible; or happening otherwise, to communicate in writing to the Court an
explanation of the circumstances of the case, then to administer justice
according to the exigency of affairs. It being well understood, that
Andrew Kilvert shall enter bail before the verdict and that the arrest on
his galliot, person and goods shall be discharged.
Paulus Schrick and N. Verleth appear in Court exhibiting, according-
to order of the 20* March last, a declaration of the skipper, wherein he
says, that he had an order to sell the bark, to which Sieur Schrick laid a
claim, but has lost the order; that the bark long afterwards was delivered
to the use of Augustyn Heerman; maintaining as before, as bail is de-
manded in the sale, that they are not bound to give security. Samuel
Scharlet appears also in Court with Schrick and Verleth, requests, as they
refuse to give security, that the bark be restored as the same was de-
livered, insisting that he ought not to be satisfied with any bail. The
Court orders, as before, that Schrick and Verleth shall prove by sufficient,
witnesses that the skipper had power to sell the bark; when further dis-
position shall be made therein.
Extraordinary Meeting holden on Thursday the 23 March 1656. la
the City Hall. Present the Heeren Oloff Stevensen, Allard Anthony,
Johannes Verbrugge, Jacob Strycker, Jan Vinje, Will: Beekman, and
Hend'k Kip.
Jacob van Couwenhoven, pltf. v/s Andrew Kilvert, deft. Pltf. de-
mands, that deft, be condemned to pay him now fl. 1350 in tobacco as by
note and contract dated 23 Nov. 1655. he is bound to do, with costs.
Deft, acknowledging the contract and note, says that inasmuch as the
time of payment stipulated in the contract is not expired before next
April, Jan Geraerdy stands bail for the payment, and the arrest on deft's
galliot and goods is declared valid, that pltf. ought to Avait until the term
of the contract is expired, and he be excused from the extra costs. The
1656] Court Minutes of New Amsterdam. ']i
Court decreed, heretofore, the arrest to be valid and orders, that the same
shall have effect until payment of the note previously mentioned shall be
made. Further pltf. is condemned in the costs of this extraordinary
meeting.
Andrew Kilvert, pltf. v/s Jan Geraerdy, deft. Pltf. exhibiting a
receipt from Jan Geraerdy that he has paid him for the note dated 23
Oct. last drawn by Kilvert in favor of Jacob van Couwenhoven, together
with certain specification of acct — requests that Jan Geraerdy shall dis
charge him from the claim of Jacob van Couwenhoven. Deft, says, that
when he heard, the pltf. Kilvert, being in Virginia, intended to leave for
Ireland or Fayal, and he was bound to Jacob van Couwenhov" as security
for Kilvert, he demanded payment and received, in assignment, some
notes, but left these in Virginia and did not receive them. Maintains that
Kilvert and not he must satisfy J. v. Couwenhoven. The Court ordered
that Jan Geraerdy shall receive copy of the papers produced in Court by
Andrew Kilvert, thereunto to answer by the next Court day. Done as
above.
Monday, the 27'." March, 1656. In the City Hall. Present the W.
Heeren, Cornelis van Tienhoven, Oloff. Stevensen, Allard Anthony,
Jacob Strycker, Jan Vinje, Willem Beeckman, and Hendrick Kip.
The Hon''!* Nicasius de Silla appeared in Court, and as Jacobus
Backer has instituted an action in Court against his wife for 27 beavers,
which are not good, and has not prosecuted the same in conformity to
the order of the Bench, but abandoned it, requests that the Court shall
be pleased to render judgment and decision on the papers produced by
her according to order.
Allard Anthony, pltf. v/s Abram Verplanck, deft. Pltf. says, that
deft, on last Friday grossly insulted him in his house and threatened to
strike him, in presence of several worthy people; requests reparation of
his honor, and that he shall be duly punished therefor. Deft, demands
proof. Pltf. undertakes to prove the same. Deft, states like the pltf. in
return, that Allard Anthony has insulted him, and threatened to give him
a blow in the face. Allard Anthony denies the insults and threats. The
Court order parties on both sides to prove their assertion.
Catalyntie Verbeeck, pltf. v/s Jacob Steendam, deft. Pltf. says,
72 Court Minutes of New Amsterdam. [1656
deft's wife came to her house for money for the lot, and because she
asked her to wait a little, insulted her as a whore, slut etc. Therefore her
husband was obliged to put her out of the house. Requests, that deft,
shall be condemned to prove the insults, or make reparation of her
character, and leave her uncensured. Deft, says, he was not present, but
that his wife states, pltf. grossly insulted her as a swine, a cheat etc.,
whereupon some words occurred. Pltf's husband struck deft's wife on
the head, knocked her against a barrel, and shoved her out of doors, and
gathered a great mob in the street; requests equally, proper reparation.
The Court ordered parties on both sides to prove their assertions.
Jacob Steendam, pltf. v/s Aryan Woutersen, deft. Pltf. demands
payment of fl. 21., being balance of money on certain agreement, with
costs herein incurred with Messenger, Secretary etc. Deft, acknow-
ledging the debt, says he has not refused payment; requests delay and
that pltf. shall deliver him a letter, which he signed. Pltf. replies, he
gave deft, a copy and offers to do the same again. Parties being heard,
the Court condemns deft. Aryaen Woutersen to pay pltf. the aforesaid
demanded sum within 14 days from date, together with costs by him
herein incurred with the Secretary and Messenger.
Christiane Capoens, pltf. v/s Arent]]Callebuys and Willem Jansen,
defts. Pltf. says, he contracted with defts for some timber and as 16
@ 17 pieces are wanting, requests that deft, shall furnish and deliver the
timber according to contract, saying that there are some unserviceable
pieces among what was delivered. Deft, acknowledges the contract,
saying that they had delivered the timber in the bush at the stump. The
Court refer parties to two arbitrators, carpenters; to wit, Jan Jansen
Hagenaar and Cristyn Barentsen to examine the matter in dispute, and if
possible to reconcile them, or otherwise to report to the Court.
Joost van Beeck, pltf. v/s Jennekie Heermans, deft. Deft's i^.' de-
fault; default granted.
Maria Verleth, pltf. v/s Joost van Beeck, deft. Pltf. demands, that
deft, be ordered to settle with her, before arbitrators, the private accounts
as well of her dec"? husband's funeral expenses {Dootschult) as other
matters, that are still unsettled. Deft, says, that he has appealed from
the judgment pronounced by the Court, touching the payment of the
negress, and requests that the same may be first disposed of and de-
1656] Court Minutes of New Amsterdam. "iz
spatched. The Court finding that the aforesaid a/cs consist first of the
funeral charges of Joh. van Beeck and another private a/c hereunto
annexed, which it is alleged does not concern deft, order, therefore, that
parties shall be examined thereupon, before arbitrators, to wit Pieter
Corn^ van Veen and Pieter Jacobsen Buys, and be arranged, if possible
by them, or otherwise to report thereon in writing.
Nicolaes Boot, pltf. v/s Willem Pamer, deft. In case of arrest. Pltf.
in default. Deft, appears in Court, requesting reasons for arrest or that
he be discharged therefrom. Whereas pltf., by whom deft, has been sum-
moned, is in default, the arrest was declared invalid.
Jan Van Leyden, pltf. v/s Lysbet Tysen, deft. Pltf. in default,
de Coninck, Captain of the ship the Balance appears in Court,
requesting as well orally as by petition, that the Court Messenger be
ordered to warn all tavernkeepers not to tap for, entertain, or give credit
to his crew, on pain of forfeiting their claim, inasmuch as the crew of his
ship run around here in this city drinking considerably, and thus not only
do no work, but contract apparently many heavy debts in which they
remain. Whereon is endorsed — The Court Messenger is ordered to
notify all tavernkeepers of this City not to lodge, tap or credit any one of
petitioner's crew, on pain of not being paid, by either the sailors or
others, but themselves to bear the debt.
The Sailors navigating the Bark called the Ma?y, pltfs v/s Samuel
Scarlet, deft. Pltfs appearing in Court by three of their number request,
that deft, be condemned to pay them here their wages, earned on board
the aforesaid bark, as said bark is sold in Virginia, and deft, has signed
for the fulfillment of their wages. Deft, acknowledges the signature; says
he thereby promised to pay the sailors out of the proceeds of the sale of
the bark; and inasmuch as the bark is in the service of Augustyn Heer-
mans and he has not been paid for her, maintains he is not bound to pay
here. Offers to pay forthwith, if the bark be delivered to him. The Court
having seen the handwriting of deft., Scarlet, and acknowledgment of the
pltfs, that nothing has, as yet, been paid on the bark, decide that deft.
is not bound, according to his agreement, but that they, the pltfs, shall
retain their guarantee and security for payment on said bark.
Warnaer Wessels appeared in Court requesting, that the action of the
Jew, David Frere, may be expedited.
74 Court Minutes of New Amsterdam. [165^
The Hon*'!" Allard retires.
Paulus Schrick, as att'y for Augustin Heermans, pltf. against Elis
Else, skipper of the bark named the Mary, deft. Pltf. requests, that deft,
shall give up the bark aforesaid, bought from him and delivered to
Augustyn Heermans, according to copy of the deed of sale and certifi-
cates, so as to employ the same, as he intends, without hindrance; as the
day fixed for payment in the Contract has not yet arrived. Deft, gives
for answer, that he sold the bark by order of his principal, but not for
such payment, as he was instructed, but for what Capt" Scarlet, his prin-
cipal, afterwards agreed to, on condition, that the sailors navigating the
same should be paid out of the proceeds, and says that Scarlet himself
delivered the yacht to Augustine, and that deft, or Scarlet's brother
should come over to receive the payment here, according to contract, in-
asmuch as they had received no security there, saying the matter did not
concern him. Parties being heard, pltf's demand against deft, is dis-
missed; but he may institute his action against deft's principal Scarlet.
Alexander d'lnyossa, pltf. v/s Jacob and Pieter van Couwenhoven,.
defts. Defts in default. Pltf. appears in Court suing out the arrest
served on Andrew Kilvert by virtue of a certain Note for fl. 272. 8. and
requesting that the same be declared valid. And whereas defts remain
in default, the aforesaid arrest, issued by virtue of the note, is declared
valid.
Rutger Jansen, pltf. v/s Pieter Jansen, deft. Both in default.
Jacob Cohun, pltf. v/s Jan Jansen and Jan Cornelissen, defts. Defts
to give evidence of the truth touching the canoe in dispute with Pieter
Monfoort. Whereas defts do not appear and pltf. requests expedition,
the Court order that defts shall be summoned in the name of the Court
against the next Court day, to confirm their rendered deposition and, if
necessary, to swear to the same.
Jan, the Cooper, pltf. v/s Jan Rutgersen, deft. Deft, in default.
Andrew Kilfort, pltf. v/s Jan Geraerdy, deft. Parties appeared in
Court and delivered in, on both sides, their papers and documents.
Whereas the hour has expired and neither party has been heard, the
matter was postponed until to morrow.
Adriaen Blommart, pltf. v/s Davidt Frere, Jew, deft. Deft, in de-
fault. Pltf. tenders his complaint being for damages; and whereas deft.
1656] Court Minutes of New Amsterdam. 75
is in default, the same was put in the hands of the Officer to inform
himself thereupon.
Grietie Rutgersen, pltf. v/s Dirck van Schelluyne, deft. Pltf. says,
that she brought last year a girl, named Mayke Cornelis" with her from
Holland and disbursed fl. 50. in Holland for her passage, on condition
that if she did not remain here with her, she should pay her in place
of the fl. 50 Holland — fl. 100. here. Whereas the maid has been
engaged by others, and deft, has order to satisfy her, the pltf., she
requests, that he be condemned to pay her the fl. 100. Deft, says, that
Mayke Cornelissen has left an acte with him, which he exhibits in
Court, in which she acknowledges, that fl. 50 were paid in Holland by
the pltf. for her passage, for which she should serve here one year; but in
case she came to marry in the meantime, she should give her, here, fl. 100.
for the fl. 50 paid in Holland. And whereas pltf. could not retain her in
her service, she hired herself with another. Maintains consequently that
she owes only fl. 50. The Court having examined the matter in ques-
tion, adjudge that pltf., in return for the fl. 50, which she disbursed in
Holland, shall here receive the sum of 100 guilders. The pltf. is, there-
fore, allowed to lift the fl. 50 already earned by Mayke Cornells" at
Abram La Nooy's, and still there, in deduction of the fl. 100.
Whereas Mary Karmans remains in default to prove, according to
order of last session, that the wood is hers, which she arrested with Jacob
van Couwenhoven, and the petitioner, Willem Pamer has proved, on the
contrary, that it is not her wood; the Court has, therefore, declared
invalid the aforesaid arrest levied on the proceeds of the wood in the
hands of Jacob van Couwenhoven, and consented that pltf. should have
the same.
Adriaen Jansen, pltf. v/s Jacob Clomp, deft. Deft, in default.
Jan de Perie, pltf. v/s Colombie, deft. Pltf. demands, whereas he
has drawn a note in favor of deft, for the sum of fl. 70. and paid on the
same fl. 57., that deft, be condemned to deliver him the note being read)^
to pay down the remaining fl. 13. Deft, acknowledges fl. 13. to be still
due, but says, that pltf. has promised to give him in payment an anker of
brandy at the cost in Holland. Pltf. acknowledges, that he has truly
promised the brandy in payment on this condition, that he himself got
brandy from Holland. Maintaining that, whereas he got no brandy, he
76 Court Minutes of New Amsterdam. [1656
can only give such pay as goes here. Parties being heard, deft. Colombie
was ordered to prove, that Jan Perie absolutely promised him an anker of
brandy at the price in Holland without any condition whether he received
the same or not.
Jan Gerritsen, brewer, appeared in Court, entering a complaint
against a Jew, named Elias Silva, that he detained his negress or slave
and had carnal conversation with her. The accused Jew, Silva, appeared
with Jacob Cohun, in Court. Requests copy of the complaint and
reasons for his arrest. The Hon"^ Officer having given reasons for his
arrest, it is ordered that complainant shall enter his complaint in writing,
whereof the accused Jew was allowed copy.
Whereas the time has expired and some cases still remain undisposed
of, and petition being presented it was Resolved to meet again at the City
Hall tomorrow morning at 7 o' Clock.
Whereas the Hon''!'' Allard Anthony is under promise or command,
he at his request was excused from appearing during the said session.
Tuesday, the 28* March 1656. In the City Hall. Present the W:
Heeren Oloff Stevensen, Joh. P' van Brugge, Jacob Strycker, Jan Vinje
and Hend'k Kip.
On the replication of Abr™ La Nooy as deft, against Buys, was en-
dorsed— Ordered by the Court, that copy hereof shall be granted to party,
Pieter Buys, and parties were further ordered, to produce their papers
and documents material to the case, by the next session, to be then finally
disposed of.
Borger Jorissen requests by petition, the Court will be pleased to
order that he may receive his payment of what is coming to him from the
City and Fiscaal, according to a/c annexed. Whereon was endorsed —
Petitioner shall deliver the account against the City to the Hon^l^ Allard
Anthony who, as Treasurer, shall pay him. As regards the a/c against
the Hon".^ Fiscal the petitioner may himself hand it to the Fiscal and
obtain his pay thereof.
Willem Beeckman present.
Whereas Jacob Backer remains in default to the present time, to
prosecute, according to order of 13'!" March last, the matter which he has
as pltf. instituted against Catrina Krogers relative to 27 beavers in dis-
1656] Court Minutes of New Amsterdam. ^j
pute, and despatch whereof has been frequently demanded by the deft. ;
the Court having, therefore, attended to the papers produced by pltf.,
and the defaults incurred by pltf. have dismissed, in consequence of
the contumacy, pltf's further demand relative to the beavers in question,
and condemned him in the costs incurred by deft, herein.
The case of Warnaer Wessels against the Jew D: Frere was post-
poned to the next Court day.
The petition of the Burgher's Court Martial was postponed until the
Hon*''." Schout is present.
Isaack Kip requests by petition, that Hendrick Jansen, Smith, may-
be ordered to concede to him on valuation, a part of his garden as a road
to his lot, so as to erect a suitable mansion on the street. Whereon was
endorsed — Petitioner is referred to the Street inspectors of this City, to
examine the circumstances and to communicate the same to the Hon*'!'^'
Burgomasters, to be disposed of, then, as shall be considered right, by
the Burgomasters in communication with the Road Inspectors.
The Consideration of the Endorsement of the Director General and
Council on the Petition of the Burgomasters is postponed until a fulL
Court.
The consideration of the Bailiff's petition was postponed until a full
Court.
The pieces in the suit between Kilfort and Jan Geraerdy relative to-
the security of J. v. Couwenhoven being examined, the Court find, that
Jan Geraerdy has been served only with reply as he calls it. Therefore
it is ordered, that copy thereof shall be placed in Kilvert's hands thereto
to answer on the next Court day, when the matter will be disposed of.
The case in dispute between Maria Verleth and Corn! Schut was
postponed until the next Court day.
Extraordinary Meeting holden on Wednesday the 29'^ March 1656,
at the City Hall. Present the W: Heeren Corn? van Tienhoven, Oloff
Stevensen, Jacob Strycker, Jan Vinje, Will"? Beeckman, and Hend'k Kip.
Paulus Schrick as Attorney for Augustyn Heerman, pltf. v/s Samuel
Scharlet, deft. Pltf. appearing, says that the bark, called the Mary, was
sold to Augustyn Hermans by order and with the knowledge of Capt.
Scharlet; requests that said Scharlet should leave the bark unmolested^
78
Court Minutes of New Amsterdam. [1656
for custom and demand, since the time of payment according to contract
is not yet expired. Deft, answering says, that his servant, Elis Elisen,
has sold the bark without having any order to transfer the vessel or sell
it except for tobacco down, and not for payment to be received in New
Netherland; yet through respect and for the credit of his servant afore-
said, he acknowledged the sale, on condition that Augustyn Harmans
should enter bail in Virginia for the promised thousand guilders; which
said Augustyn promised and is bound for; As the said Augustyn failed
to give bail in Virginia, since he came not forward, and had promised to
be here in New Netherland as the deft, was, neither of which has
Augustyn done, and finding the bark here, of which there has been no
transfer made nor bail entered, nor any appearance of payment, deft, de-
mands his own bark and freight earned from Virginia here, or security,
that the promised purchase money shall be paid on the proposed day,
with costs and jnises of justice. The Court having considered pltf's
demand and deft's answer and having closely examined the written docu-
ments thereupon laid before the Court, besides pltf's offer, condemn pltf.
to give security here in the City for the payment of the money on the day
appointed, and to pay the costs incurred herein, and also order the afore-
named Scharlet to execute a transfer of the bark on receipt of the bail
bond, and dismiss his further demand for loss of freight and other
expenses.
On the demand of Warnaer Wessels, pltf. v/s David Frere, Jew,
deft, was endorsed — The Court orders, that copy hereof shall be granted
to David Frere to answer definitely thereunto at the next Court.
Whereas Sara Schepmoes widow of Jan Schepmoes dec*? claims the
ownership of the Bell on the City Hall, which is used by the Court, and
has exhibited proof to that effect. Secretary Kip was directed to pay
petit' fl. 10. for the bell out of the burgher excise.
Jan Geraerdy and Roger Kilvert appear in Court of Burgomasters
and Schepens, declaring, that they had agreed and arranged together in
friendship and love regarding the bailbond of fl. 1350. for the behoof of
Jacob van Couwenhoven, in this wise — that Kilvert shall pay here to
Jacob van Couwenhoven the said fl. 1350. according to obligation, and
liberate Jan Geraerdy from the claim as to the bail; whereupon Jan
Geraerdy undertakes and promises to pay the aforesaid Kilvert or his
1656] Court Minutes of New Amsterdam. 79
order, within 14 days after his arrival in Rhode Island or Warrack, the
aforesaid fl. 1350 in horses, as well stallions as mares, at the current price
there on the saying of two arbitrators, provided that Kilvert shall give
security, that the note which he gave Jan Geraerdy in Virginia on pay-
ment of Couwenhoven shall be taken up. Declaring, that they were
agreed without ever after in any quarter moving any further question or
suit regarding the aforesaid matter. Binding for the observance of these
their persons and property, without exception, in submission to all
Courts. In witness hereof is this signed by parties in Court this 29'^
March 1656. Was subscribed, Rogier Kilvert
Jan Geraerdy.
Jan Geraerdy requests by petition, whereas he, according to the de-
cision of arbitrators relative to the dispute between him Jan Geraerdy and
Andrew Kilvert for the restitution of the note received by him, has
placed his mother as bail on his side; that Andrew Kilvert shall equally
according to decision be condemned to give on his side, sufficient bail
here for the payment of the Tobacco. Whereon was endorsed: — The
bail given by the petit' Jan Geraerdy was declared sufficient, therefore
Andrew Kilvert was ordered, pursuant to the decision of arbitrators, to
enter here sufficient bail, on his side for the behoof of Jan Geraerdy.
Done this 29 March 1656. in Court.
Regarding the extraordinary Court ordered by parties they are both
satisfied that each should pay half.
PETITION OF THE BAILIFF.
Copy.
Your Honours,
I have informed your Honours heretofore of the answers of those,
against whom there were judgments; namely, Luycas Eldertsen; he would
pay Francois Fyn; the wife of Paulus Heymans, the H' Schepen Jan
Vinje and that Nicolaes Verleths half moons and pearls were in the hands
of Sieur Marten Krygier. And whereas the victorious party are very
urgent on me with the aforesaid judgment, your Honours will be pleased
to charge or order me, how I shall proceed therein, inasmuch as my in-
struction directs me to levy execution discreetly and at the convenience
of the inhabitants; and in regard to Verleth, whereas I instructed Sieur
8o Court Minutes of New Amsterdam. [1656
Marten Krygier to retain in his hands the aforesaid half moons and pearls
till further ordered by you, as I heretofore have remarked, therefore
please to give orders whether I shall take them away from there or not ;
or as the same shall, otherwise, be considered proper.
Your Honors' humble Servant,
D. V. Schelluyne.
Apostille. On the i''. Petitioner is ordered to levy execution on
the Judgments.
Your Honours.
Should circumstances require the arrest for debt of any person or
persons of quality or of good name and character, I request your
Honours to inform me, — where these shall be brought in the first instance^
and further, if necessary, and, if required by those holding judgments,
where or in what place of confinement ?
On the 2*?. Those arrested for debt shall be taken to a decent
tavern, if they will pay the expenses; otherwise, to the City Hall.
And whereas in undertaking my duty, a free dwelling was allowed
me; also for its proper execution freedom from Burger watch and Service
is requisite according to the laws and customs of Fatherland, I therefore
request your Honours to take such action herein, as you may deem
proper. Expecting a favorable answer, [I remain] Your humble Servant
D. V. Schelluyne.
On the 3*? The request for a free dwelling is deferred till further
convenience. As to the Burger watch, the Burgomasters shall speak,
thereon, to the Court Martial.
Done this 29* March 1656. By order of the Burgomasters and
Schepens, (absent Allard Anthony and Joh. Pt' Verbrugge)
Jacob Kip, Secretary.
Monday 3"? April. 1656. In the City Hall. Present the W. Heeren
Cornelis van Tienhoven, Oloff Stevensen, Jacob Strycker, Jan Vinje,
Will" Beeckman, and Hendrick Kip.
Jacob Barsimson, pltf. v/s Isaack Israel, deft. Pltf. appears in
Court, complaining that deft, on Friday last has injured him and struck,
him in the face, in Abram Lusina's cellar, in the presence of said Lusina.
1656] Court Minutes of New Amsterdam. 81
and Symon Felle. Requests due reparation and satisfaction. Deft, de-
mands copy of the action, in order to answer thereunto. The Court,
pursuant to the request, granted deft, copy of the demand, thereunto to
answer in writing on the next Court day being after Easter.
Joh. Pt- Verbrugge, present.
Nicolaes Verleth appears in Court; requests execution relative to
the pearls. Whereas it was decided that the Bailiff should state in
writing, how far he has proceeded in the matter, further procedure in the
case was, therefore, excused.
Pieter Rudolphus, pltf. v/s Jacob van Couwenhoven, deft. Deft, in
default.
Maria Verleth appeared in Court and exhibits certain writing in form
of a statement, signed by Pieter Corn' Vander Veen and Pieter Jacobsen
Buys, as arbitrators appointed by the Court on 27* March last, the a/c in
dispute between Joost van Beeck and Maria Verleth, then presented to
examine, and review in the presence of the contending parties, and, if
possible, to settle the same ; the said Arbitrators declare, that Sieur Joost
van Beeck had given them as an answer, that he has appealed from the
above mentioned Order, of 2 7*^ March last, to the Director General and
Council. And whereas, nothing having been decided by the ordered
arbitration, nor any thing approved by the Court, nor sentence pro-
nounced, therefore no appeal can be legally sought for, much less
granted; It is Ordered, on the petition of Maria Verleth, that the Court
Messenger shall serve on Sieur Joost van Beeck the aforesaid order, and
demand copy of the appeal, granted him by the Hon*'!" Director General
and Council, on the order of the Court dated the 27 March last, and
should he not exhibit the said writ, the Court, then, again refer the a/c
for examination and settlement to the aforesaid arbitrators, who shall
render their report thereon, in writing, to the Board.
Pieter Jacob" Buys as pltf. and Abram La Nooy as deft, produce,
pursuant to order of the 28* March last, their exhibits in their suit; and
whereas much business remains yet to be disposed of, they were post-
poned until next Court day.
Schepen Jan Vinje, pltf. v/s Annetie Webber, deft. Deft's husband,
W. Webber appears in Court requesting, that pltf. shall institute his
action. Pltf. says, as the matter in dispute concerns only the woman,
VOL. II.— 6
82 Court Minutes of New Amsterdam. [1656
who has been summoned thereupon, that he is not bound to institute his
action against him, Webber. Ordered by the Court, that deft, must ap-
pear herself in person, but that Webber may also appear as husband and
guardian.
Cornelis van Ruyven, pltf. v/s Jacob van Couwenhoven, deft. Deft,
in default. Pltf. appears in Court demanding payment of fl. 505. 9.,
which deft, is bound to pay as security for Abram Linthout, according to
a note dated 17 Feby. last; requests, that deft, be condemned to pay him
within 24 hours from date; or otherwise that he, as vendue-master, be
authorized again to expose and sell the said Yacht already sold by
auction, at deft's cost and risk. Ordered by the Court, that deft. J. v.
Couwenhoven shall be served with this demand and request of C. v.
Ruyven, by the Court Messenger, and answer thereunto, in order that
further disposition may then be made therein.
Joost van Beeck, pltf. v/s Jannekie Heermans, deft. Pltf. in de-
fault.
Elias Silva appears in Court, rendering his answer in writing to the
complaint of Jan Gerritsen and his imprisonment regarding the Negress.
Whereon was endorsed: — Ordered by the Court, that copy hereof be
granted to party to reply thereunto at the next Court day.
Colombie, pltf. v/s Jan Flaman, deft. Pltf. demands payment of 10
pieces of Eight on a note signed by deft. Deft, acknowledges the note,
but says that pltf. bought the same from the lawful holder, Jan Polet, for
a trifle. Maintains that he owes no more than the pltf. gave therefor.
And whereas parties contradict each other, they are ordered to prove their
assertions on both sides, by the next Court day; and pltf. that the signa-
ture to the receipt is Jan Polet's.
David Frere answers in writing to the action of Warnaer Wessels,
Farmer of Tapsters' Excise on wine and beer. Whereon is endorsed: —
Ordered by the Court, that copy hereof shall be granted to party there-
unto to reply by the next Court day.
Jan Van Leyden, pltf. v/s Jan Teunissen, deft. Pltf. demands pay-
ment for his boat, which deft, hired with its furniture, as the boat is lost,
and he is bound by contract for its restitution or the payment therefor.
Deft, acknowledges the hiring, but there was only a grapnel with it, and
pltf. said, if he would give any thing for it, he might; if not he might
1656] Court Minutes of New Amsterdam. 83
let it go. Accuses Jan Van Leyden that he has openly asserted — When-
ever I come before the judge, I can get no justice. Pltf. denies the
same. Parties being heard, the Court ordered deft. Jan Teunissen to
prove his statement.
Jacob Joosten, pltf. v/s Rogier and Andru Kilvert, defts. Pltf.
demands payment of five months earned wages on board deft's galiot from
I8'^ March to date @ fl. 22. per month, and says that he agreed for, and
was promised, good merchantable tobacco. Defts offer to pay in Zeewan
being the ordinary pay here; deny having promised tobacco; offer to pay
with tobacco such as they now have. Pltf. replying says, he is satisfied
with such pay as the other sailors have received. Wherefore defts were
ordered to pay pltf. in such pay as the other sailors have received.
Isaack de Forest, pltf. v/s Adriaen van Tienhoven, deft. Deft, in
default. Isaack de Forest demands justice by form of execution of the
judgment obtained against D. v. Schelluyne. Whereas D. v. Schelluyne
has this day presented a petition, the matter is deferred until next
Wednesday, to be then disposed of.
Symon Joosten, pltf. v/s Dirck Holgersen, deft. Pltf. requests pay-
ment as heretofore. Deft, acknowledges the debt. Whereas by the last
order hereupon the Fiscal remained bail for the payment, Dirck Holger-
sen is ordered to make an assignment, when the Fiscal undertakes to
pay.
Jacob Cohun, pltf. v/s Jan Jansen and Jan Cornells", defts. Pltf.
in default. Defts appear according to order of last Court day, to be
further heard relative to their declaration made about the canoe. Wit-
nesses being examined Jan Jansen declares that he, ten days after his
return from the South, used the canoe in question, and as Jacob Cohun
told him that the canoe had been fired on he examined and found that
there were two holes in it. Jan Cornelissen declares, that he sailed in
the canoe in question once or twice for Jacob Cohun, but of the value of
the canoe he cannot pertinently depose.
Wednesday 5. April 1656. In the City Hall. Present the W:
Heeren Oloff Stevensen, Jacob Strycker, Will? Beeckman, and Hendrick
Kip. And whereas the other Magistrates are absent, the unfinished busi-
ness was postponed.
84 Court Minutes of New Amsterdam. [1656
Saturday, the 8'." April 1656. In the City Hall. Present the W:
Heeren Cornelis van Tienhoven, Oloff Stevensen, Joh: van Brugge,
Jacob Strycker, Jan Vinje, Hend'k Kip, and Wiir Beeckman.
Pieter Jacobsen Buys in his quality as Attorney for the Widow and
heirs of dec<? Jacob Verplanck v/s Abram de la Nooy, deft. Pltf. in his
aforesaid quality demands payment, in money current in Holland, of fl.
2270. 5. being various sums obtained by deft, in Holland according to
obligation and documents, with the interest accrued thereon. Deft.
maintains, as he requested that power may be given to receive the monies
here, and the same is come over with the original papers, that he can pay
with this country money what he owes and he tenders, according to his
a/c, both principal and interest i. e. fl. 1700. The Court having
examined the papers and documents produced in Court by parties on
both sides, find some difference in the a/c regarding the note and interest
thereof. They order, therefore, that parties shall settle their a/cs before
arbitrators, whereunto were requested and commissioned Sieurs Pieter
Corn^ vander Veen and Johannes Withart. And whereas it appears and
is not denied, that the monies were disbursed in Holland, it was decided,
that the same should be repaid as money in Holland. They, therefore,
condemn deft., Abram de la Nooy, to satisfy here in such pay, whatever he
may be found to owe to pltf., Pieter Jacob" Buys, in his quality, as he,
pltf., can pass in Holland, on condition that he Buys shall give him due
acquittance. Done in the Court of Burgomasters and Schepens of the
City Amsterdam in N: Netherland; absent Allard Anthony.
Tomas Verdon requests by petition, as before, that Burgomasters and
Schepens would be pleased to favor him with the office of Beer Carrier
together with Barent Jansen, whereas he, being a native of this country,
has been driven away from his [place ?]. Whereupon was endorsed and
disposed — The petitioner Tomas Verdonck is accepted to the office of
Wine and Beer Carrier, with Barent Jansen, and in place of the departed
Beer Carrier, according to previously issued instructions, and has conse-
quently taken the proper oath of allegiance in Court, and is confirmed in
the aforesaid office. Done in the Court of Schout, Burgomasters and
Schepens, absent Allard Anthony. This 8*^ April 1656.
Joost van Beeck, pltf. v/s Nicolaes Boot, deft. Pltf. requests pay-
ment of fl. 230. for purchase of a negress at public sale. Deft, says, that
1656] Court Minutes of New Amsterdam. 85
the late skipper declared and protested, that the negress, bought by deft.,
was sound and healthy, which is proved by the price he promised for her;
and says the Negress thro' sickness could not reach the house, but must
creep along so that she died on the same day. Maintains he does
not owe one penny for her, inasmuch as a sick, was sold for a healthy,
negress. The Court having seen and examined the proofs and papers pro-
duced by deft, condemn the deft. Nicolaes Boot that he shall pay for the
said negress, whom he bought in proportion to what the other sick ones
were sold for, and dismiss pltf's further action. Done this 8'^ April 1656.
in Court, absent Allard Anthony.
Cornelis Schut, in his quality as Attorney for Nicolaes van Beeck
and partners, pltf. v/s Maria Verleth, deft. Pltf., by virtue of his pro-
curation, requests proof and reliqua from the deft, of the cargoes sent to
Johan: van Beeck by his principal; and maintains that the delivered book
is no more than an extract taken from Johan: van Beeck's book, from
which, he says, it does not appear where and how the goods were traded
and disposed of. Deft, requesting that the book delivered to Cornelis
Schut be again placed in her hands promising to ace! therefor, maintains
that she is not to render any a/c except that, to which purpose divers
writings are delivered in, as well by pltf. as deft. Burgomasters (except
Allard Anthony) and Schepens having read and considered the pieces on
both sides, find that parties have not settled nor agreed about the differ-
ences of delivery or receipt of balances; and that parties put nothing else
than Yes and No in their writings, without proof. The Court has, there-
fore, decided that parties, before proceeding further, shall settle or cause
to be balanced the a/cs in dispute, either by themselves, or by arbitrators
conversant with the same; which done, further attention and decision
shall be made in the case as to law shall appertain. Meanwhile should
parties not be satisfied with this order, they can apply to the Director
General and Council about these and other matters contained in their
papers. Done, in the Court aforesaid this 8'^ April. 1650.
For the good of this City Carel Van Brugge is hereby notified by the
Court Messenger, to let him take without any hindrance, from the Hill
before his lot, lying next the City Hall as much earth as shall be required
for filling in before the City Hall. Done this 8* April 1656. at Amster-
d*^ in N. Netherland, being at or just after the adjournment or rising
86 Court Minutes of New Amsterdam. [1656
of the Bench. By Order of the Schout, Burgomasters and Schepens of this
City of Amsterdam, in New Netherland.
Jacob. Kip, Secretary.
Tuesday, ii* April 1656. In the City Hall. Present the W:
Heeren Oloff Stevensen, Jacob Strycker, Jan Vinje, Will"? Beeckman,
and Hend'k Kip.
Catrina de Silla, pltf. v/s Roger Kilvert, deft. Pltf. appears in
Court prosecuting the arrest served on defts Galiot, for, and on a/c of
two hogsheads of tobacco delivered to Jacob Joosten, who also appears in
Court and complains of bad payment of earned wages, inasmuch as the
tobacco delivered to him by Kilvert and calculated and received @ 6.
stivers per lb. has been found not worth 2 stiv: the lb. They request,
that deft, be condemned to pay in good merchantable tobacco, or that the
arrest be declared valid. Whereas deft. Kilvert, according to the declara-
tion of the Court Messenger is summoned before the Court this day, and
he being arrested with his galiot here, remains in default, the Court has
declared by Virtue of the Contempt, the arrest valid. Done; present as
above.
To the Hon''!' Burgomasters of the City of Amsterdam, in New
Netherland.
Paulus Leendertsen van die Grift and Piet- Wolf van Couwenhoven
appointed Street Inspectors of this City respectfully represent, they find
by experience that the Survey of lots, houses and stoops within this city
has been run, without the knowledge of the remonstrants, by the inhabi-
tants and even by the Court Messenger, which causes great disorder; for
the prevention whereof the remonstrants respectfully request that no
houses, lots or stoops be measured or surveyed without the remonstrants
or their knowledge, on a severe penalty to be enacted against the same.
Also that your Worships would be pleased to add by instruction a fee for
the measurement and survey, to wit; of a lot; of a house; of a stoop and
of fences, each by itself, as your Worships, in your discretion shall find
reasonable. This doing etc. Your Worships humble Servants,
P. L. Vandie Grift,
Pieter van Couwenhoven.
The Street Inspectors are ordered to pay particular attention, that all
1656] Court Minutes of New Amsterdam. 87
building be done in good order according to the last survey confirmed by
the Director General and Council and shall order, that no person shall
build before the Street inspectors shall have previously been on the spot,
and shall receive 30 stivers for a door or such like and 3 guilders for a
house; all until further order. Done, the 21V April 1656. at Amsterdam
in New Netherland. By order of the Burgomasters of this City.
Jacob Kip, Secretary.
Monday, the 24'?' April, 1656. In the City Hall. Present the W.
Heeren Oloff Stevensen, Allard Anthony, Jacob Strycker, Will"? Beeck-
man, and Hendrick Kip.
Copy.
Extract from the Register of Resolutions of the Hon"^ Director
General and Councillors of New Netherland, adopted in their meeting on
Wednesday, the 12* April 1656.
The interlocutory judgment pronounced by Burgomasters and
Schepens in date 8* April 1656 on the difference of a/cs between Corn'.
Schut, by virtue of a power of attorney, pltf. and Maria Verleth, deft.,
being considered: — The Director General and Council confirm the deci-
sion of Burgomasters and Schepens so far, that the books of Jan van
Beeck shall be produced together with the inventory of the residuary
estate, in the presence of one of the Burgomasters and Schepens, before
two Commissioners thereunto deputed, or yet to be deputed, by the
Burgomasters and Schepens and that aforesaid Commissioners, after ex-
amination thereof, shall settle the accounts, and report their conclusion
as soon as possible. Thus done in Amsterdam, in New Netherland as
above. Understood: Agrees with the aforesaid resolution; signed, C. v.
Ruyven, Sec'y.
Pursuant to the above Acte and the written request of Cornelis Schut,
the Court have appointed as commissioners, Ptr. Corn* van der Veen,
Ptr. Jacobsen Buys to carry into effect the tenor of the above Acte, in
presence of the Hon''!* Schepen Joh. Pt^ Verbrugh. Done etc.
Nicolaes Boot, pltf. v/s Alexander d'lnoyoseph, deft. In case of
arrest. Relative to a difference about a negress, which pltf. purchased
sound and well from the deft, and now is sick from having been beaten
in deft's service, or some other cause. The demand and answer of
88 Court Minutes of New Amsterdam. [1656
parties, on both sides being heard, the Court find that the negress was
delivered, according to verbal agreement, to N. Boot, and afterwards
loaned to D. Injosse: Therefore they order that N. Boot is bound to re-
ceive back the said negress, on condition that d'Inoyossef shall prove, that
the negress has received no injury by being beaten by his wife.
The Hon''!' Allard Anthony retires.
Cristina Capoens, pltf. v/s Willem Jansen, deft. Deft, in default.
Pltf. appears in Court exhibiting the decision of the arbitrators appointed
by the Bench regarding the question of timber. Requests the Court to
grant judgment. The Court find by aforesaid decision that the timber is
not delivered according to contract. They therefore order that Cale-
buys and Willem Jansen, who have undertaken the woodwork, shall de-
liver the same according to contract and ageement.
Jacob van Couwenhoven, pltf. v/s Andries van der Sluys, deft.
Deft, in default.
Adriaen Blommart, pltf. v/s Jacob van Couwenhoven, deft. Pltf.
demands payment of fl. 438 for corn delivered in the year 1654. and the
yet unpaid monies according to handwriting for a note, dated 28'^ July
1654. Deft, acknowledging the debt of fl. 438., says, since the tobacco,
which he should have received was not salable, he cannot pay as yet, but
he promises liquidation at the earliest period. Regarding the note, he says
he has paid more than appears by pltf's a/c. Parties being heard, deft,
is condemned to pay pltf., within two months from date, the fl. 438. As
regards the handwriting for Pieter Styl, parties must, first, arrange
a/cs.
Hendrick Kip, as attorney of Hend'k Egberts, pltf. contra Nicolaes
Velthuysen, deft. Pltf. demands that deft., who resides in the house of
Hend'k Egberts, shall be condemned to quit the same, as he has not a
lease any longer than until May. Deft, says, that he has the privilege to
retain the house before any other, and that he has not received notice of
the lease according to right; shewing by declaration of Jan van Haerlem
and Gillis Dircksen, that Hendrick Egberts has promised him the prefer-
ence of the lease; and acknowledgment for the due payment of last year's
rent to May, and that Hendrick Egberts has not given warning; offers to
give as much rent for the next year as another, and that on the valuation
of two impartial persons. The Court having seen the proofs produced by
1656] Court Minutes of New Amsterdam. 89
deft, decide that he was preferred to remain in the house before any
other: Therefore order that the rent shall be estimated by two impartial
persons, whereunto are hereby requested Capt Martin Krygier and Jan
Jansen van Brieste.
Master Jacob Vervanger, pltf. v/s Mattys Capito, deft. Pltf. in
default.
Matys Capito, pltf. v/s Juriaen Fradel, deft. In case of arrest. Pltf.
demands payment of fl. 19. requests that the arrest be declared valid.
Deft, acknowledges the debt; requests time until the return of Hendrick
Smith, from whom he expects money, before he can leave. Therefore
the arrest was declared valid and deft, condemned to pay before his
departure.
Tryntie van Hengelen,''pltf. v/s Jannekie Melyns, deft. Pltf. in de-
fault. Jacob Schellinger appears in place of deft., his mother in law, who
is absent. Ordered to settle with each other without longer delay.
Jan Van Leyden, pltf. v/s Jan Teunissen, deft. Pltf's wife appeared
by procuration demanding payment, as before, for the boat, which deft,
hired and lost; according to contract. Deft, persists in his previous
answer; and that pltf. would have secured the boat, if a new rope
had been attached to the grapnel; requests, that his witnesses may
be heard. Pltf. objects to the witnesses as they, being partners with the
deft., are interested. Jan Van Haerlem and Juryaen Fradel being heard
in Court at Jan Teunissen's request, acknowledge, that they hired the
boat from Jan van Leyden in company with deft, but they declare, that
Jan van Leyden said, the rope of the grapnel was not good, and if they
got a new rope for the anchor, he, then, should run the risk of the boat.
Parties being heard, the Court orders, Jan Teunissen and his associates
shall prove by indifferent persons, that Jan van Leyden would have
secured the boat, if they put a new rope on the anchor; that they had
done so, and that the boat notwithstanding was lost.
Jannekie Verleth appeared in Court requesting in the name of Nico-
laes Verleth, who is at Virginia, that the Court would be pleased to de-
spatch the case in dispute regarding the pearls, which Helletie Jansen sold
to Capt. Cregier's wife, inasmuch as Capt. Cregier is about to leave.
Whereupon, having deliberated, the Court decided, that Secretary Kip
shall take the pearls and pay Mr. Krigier the monies, which he paid for
90 Court Minutes of New Amsterdam. [1656
the same, and retain the pearls at the Secretary's ofifice until further
disposition be made,
Jan Gerritsen, brewer handed in his written reply in the matter
against the Jew Elias Sila relative to the negress.
Monday, i=' May 1656. In the City Hall. Present the W. Heeren,
Oloff Stevensen, Johannes Verbrugge, Jacob Strycker, Jan Vinje, Will?
Beeckman, and Hendrick Kip.
Engeltie Mans, pltf. v/s Allard Anthony, deft. Deft, in default.
On the complaint and request of Joost Teunissen, that the craft of M'
Mehu being arrested, on the eve of its departure, has weighed anchor. It
is ordered, on the written exhibit of C. van Tienhoven ; That the Hon''!*
Schout is authorized, on the arrest issued by Joost Teunissen, by virtue
of a note, to secure the craft of Mr. Mahew, until the petitioner be con-
tented,
Johannes Withart, pltf. v/s Jacob van Couwenhoven, deft. Deft, in
default.
Johannes Withart, pltf. v/s Rynhout Rynhoutsen, deft. Pltf.
requests, that deft, be condemned to pay him, according to judgment,
the fl. 113. arrested in his hands belonging to Hendrick Smith. Deft,
acknowledges to have received the arrest; admits that there is so much to
the good of the rent due; and says he is ready to pay the money on con-
dition, that he be freed from the claim of Hendrick Jansen. The Court
order deft. Rynhout Rhynhoutsen to pay Joh: Withart the arrested fl. 113.
according to judgment dated 10 August 1653. and Acte of authority dated
15 Nov: 1655. On condition, that Withart shall grant in his behoof due
receipt therefor in release of the claim, which Hendrick Jansen Smith may
have thereon.
Jacob Schellinger, pltf. v/s Tryntie van Hengelen, deft. Pltf, de-
fault, but appeared afterwards ; says he did not cause deft, to be summoned.
Andries Hoppen, pltf. v/s Cornells Jansen, Woodsawyer, deft. Pltf.
says he lent deft, a gun during the late troubles with the Indians. And
whereas he agreed through arbitrators, that 10 gl. should be paid for it,
now requests payment. Deft, exhibits the decision of arbitrators from
which i<- appears, that pltf. should have half of what he earned, during
the trouble, at the General's bouwerie, or otherwise give him 10 gl.
1656] Court Minutes of New Amsterdam. 91
And whereas he has not yet been paid therefor, maintains he is not yet
owing. Parties being heard, deft, is condemned to pay pltf. according
to the decision and conclusion of the arbitrators.
Hendrick Willemsen, baker, pltf. v/s Willem Koeck, deft. Both in
default.
Cornelis Jansen, Wood Sawyer, pltf. v/s Cornelis Aertsen, deft.
Pltf. says, that in the last troubles with the Indians deft, requested and
engaged him to remain with him on the General's Bouwerie, and that he
would pay him therefor as much as the others, being Frenchmen ; And
whereas each of the Frenchmen received for his part fl. 25. he requests
that deft, be condemned to pay him, likewise, fl. 25. Deft, acknow-
ledges, that during the late troubles with the Indians he requested and
engaged the pltf. on the Hon''!'' General's Bouwerie on the aforesaid con-
ditions; but that he did so in the absence of the Hon"* General, by the
order of the Fiscaal Tienhoven. Maintains that he must look to the
Fiscal, but offers to pay pltf., if he may deduct it from the rent of the
Bouwerie. Parties being heard, the Court decide as Corn^ Aertsen en-
gaged and hired pltf. Cornelis Jansen as aforesaid, he is bound to pay him
as well as the others, who were then there. Therefore deft, is condemned
to satisfy pltf., saving his guarantee against whomsoever gave him orders
and directions to hire pltf.
Hendrick Sweer, pltf. v/s Pieter Jansen, deft. Pltf. demands pay-
ment of fl. 100. for wages earned at the firewood, which was delivered to
the City. Deft, says he is ready to pay pltf. as soon as he receives his
money for firewood delivered to the City, being still about 329. gl. Par-
ties being heard, the deft, was condemned to pay the pltf. the balance of
his money within 8 days from date.
Claess Pieter" Kos, pltf. v/s Piet' Jansen, deft. For payment of fl.
27. wages earned in hauling firewood from the bush. Deft, acknowledges
the debt; says he is ready to pay when he receives his money from the
Buigomasters. Parties being heard, deft, was condemned to pay pltf.
within 8 days. And orders shall be given that deft, shall be paid what is
due him by the City.
Jan Rutgersen, pltf. v/s Jacob van Corlaer, deft. In case of arrest.
For payment of fl. 8. 10. balance of a/c. Deft, in default. The Court
declares the arrest valid, by virtue of contumacy.
92 Court Minutes of New Amsterdam. [1656
Jacob vander Veer, Company's Corporal, requests by petition, leave
to tap at the Dominie's Bouwerie. Whereon was endorsed — Whereas
Petitioner is one of the Company's servants he must address himself to
the Honble Director General and Council, and ask their permission.
Thomas Hall and Cornelis Aersen in their quality as Overseers of
Fences on the Island of Manhattans commissioned by the Director
General and Council, pltfs contra Ide van Vorst, Hendrick Pietersen
Kint in '/ Water, Claes Pietersen Kos, Jan Vinje, Leendert Aerden,
Cornelis Jacobsen Stille, Wolfert Webber, Gerrit Hendricksen and Jacob
Schellinger, defts. Pltfs, in their quality aforesaid demand, whereas they
found the common fence so much out of order, that it was necessary to
repair it, and have, therefore, caused the same to be repaired, that defts
be condemned to pay, each according to his means, what the same cost,
which being calculated comes to one guilder per head of cattle, the rather
as it is for the general advantage of those who, like the defts, keep cattle;
and they must pay the workmen.
Ide van Vorst was called and promised to pay.
Hendrick Pt^ Kint was taxed 3 head of Cattle. Says he has only
horses and offers therefor, like others fl. i. per head.
Claes Pt^ Kos was taxed fl. 3. for 3 cattle, which he has returned.
He says, he is ready to pay, if the others who have cattle of old, shall
also pay.
Jan Vinje answers — first that he has a private pasture of his own
— 2""!'^ that pltfs were not authorized to agree for the common fence; but
that he was inclined to make the fence, like others, and offers a full half
barrel of strong beer.
Leendert Aerden says he is ready to pay, but has nothing but pease.
Cornelis Jansen Stille says, he cannot pay now; promises to settle
within this present month of May.
Gerrit Hendricksen, says he has no money now; is willing to pay;
therefore the Hon''!^ Oloff undertakes to pay for him.
Webber Absent was taxed, for Nine head, fl. 9.
J. Schellinger says he has no Cattle, but intends to keep a cow.
Offers to pay as soon, as he procures it.
The Court having heard the answer of defts find them, for the most
part willing to pay; and considering that the erected fence and incurred
1656] Court Minutes of New Amsterdam. 93
expences are for the public advantage, decide that defts, who are in de-
fault in contributing their share in proportion to their stock, shall be
bound to pay the same, therefore they are condemned hereby, according
to valuation, to pay within 14 days from date, without further delay.
Jan Corn! Buys, alias Jan Damen, and Lubbens Gysbertsen, Widow,
request permission to tap, as they have been driven from their houses by
the last trouble with the Indians. Whereon is endorsed: — Petitioner's
request is granted like others.
Francois Fyn requests by petition from the Burgomasters and
Schepens a lot for a house and garden within this City. Whereon was
endorsed: — Petitioner is referred to the Hon^'.* Burgomasters.
Pieter Jansen requests by petition the office of sworn Measurer of
grain, within this City. Whereon was endorsed: — Whenever such office
is required, attention shall be paid to the petitioner's request.
On the writing of Cornelis Schut to constrain Maria Verleth to ac-
count, it was decided, whereas the Hon'''.* Officer Tienhoven has in his
possession the written statements and answers, it is evident that no
further disposition can be made in the case.
Jacob van Corlear appears in Court stating, that he is arrested here
by Jan Rutgersen, and exhibiting the offset a/c, which he has against the
claim of Jan Rutgersen, requests inasmuch as the matter is of no import-
ance, that the arrest be declared invalid. The request of the Comparant
being heard, it is ordered — that parties shall settle with each other, or be-
fore arbitrators their a/cs and differences from this day. Meanwhile the
arrest was declared valid.
Joost Teunissen, pltf. v/s Mr. Samuel Mehu, deft. In case of arrest.
Pltf. demands payment of a note, dated 28'^ Octob: 1655. for fl. 730 in
grain; and fl. 70 as bail to Juriaen Blanck; requests, that the arrest be
declared valid, until deft, shall pay him or give sufficient security. Deft,
acknowledges the debt of fl. 730. by note; Regarding the fl. 70. of
Juryaen Blanck says, that he gave a note therefor to Juryaen Blanck him-
self and will pay the same; and adds he has long waited here for the corn
to pay pltf. and sent vessels expressly for it, and still expects news, but
has received none, and promises to remain until the corn arrives. Parties
being heard, the Court have, pursuant to previous order, declared the
arrest on the vessel valid, until Mr. Mehu shall give pltf. sufficient bail or
satisfaction.
94 Court Minutes of New Amsterdam. [1656
Monday, S'.*" May 1656. In the City Hall. Present the W. Heeren
Allard Anthony, President; Oloff Stevensen, Joh: Pt' Verbrugge, Jacob
Strycker, Jan Vinje, Will"? Beeckman, and Hendrick Kip.
The petition presented by the English traders to the Burgomasters
and Schepens concerning the export duty now imposed on wine and beer,
being examined; Burgomasters and Schepens resolved, that said request
shall be presented by the Burgomasters to the Hon''!'' Director General
and Council, and they are to endeavor as much as possible, that the same
be modified.
Nicolaes Boot appears in Court, requesting that Burgomasters and
Schepens would be pleased to dispose of the petition presented by the
English traders, and whereas the same is already disposed of, the Com-
parant was informed thereof.
Thomas Swartwout's wife appears in Court, requesting, whereas
Borger Jorissen fails to deliver her the calf, according to sentence, that
he may be constrained thereto. Whereon was endorsed: — The Bailiff is
ordered to execute the above judgment within the term of 8 days.
Engeltie Mans, pltf. v/s Allard Anthony, deft. Pltf. says, that she
applied, pursuant to order of the Court, to deft, as Treasurer for the
money that is coming to her from the City, and that he refused her the
same, and threatened to have her removed by the Officer, as if she were
deserving of punishment; requests her pay. Deft, says, he refused pltf.
the money, because she owes for two extraordinary sessions [of the Court] ;
whereupon she poured out many abusive words and he then threatened
her somewhat. Pltf. replies; if the W: Court decide that she owes for
the extraordinary sessions, it can deduct the same: with an outpouring of
many words. The Court resolve, that the costs of the two extraordinary
sessions shall be deducted from what is coming to her, and the balance
which is a trifle shall be paid to her forthwith.
Mr Jacob Hend'k Varvanger, pltf. v/s Matys Capito, deft, Pltf. in
default.
Wolfert Webber, pltf. v/s Barbara, Wife of Soloman Abels, deft. In
case of arrest. Pltf. demands payment of fl. 13, 3. balance of rent etc.
according to a/c. Deft, appears in Court, demanding payment of fl. 7.
above, what the pltf. claims, according to a/c. And whereas parties
mutually deny, what they claim from each other, the Court declare the
1656] Court Minutes of New Amsterdam. 95
imposed arrest invalid, and order that parties shall settle their difference
of a/cs before two impartial persons, namely; Christiaen Barentsen and
Jan Schryver, who are authorized, as arbitrators, to decide the dispute at
once.
Willem Beeckman and Thomas Hall, pltfs v/s Skipper Lourens and
Jacob Schellinger, defts. Pltfs say, that they applied repeatedly to defts
to enclose by a common fence their land lying next to their's, and that
they and others have neglected, to enclose it up to the present time,
whereby they are suffering great loss from the cattle in their crops ; re-
questing, that defts shall be constrained to fence the land, or that they be
authorized to have it done at their expense. The defts. Skipper Lourens
and Jacob Schellinger, assert, that their land is not under common fence;
saying that Director General Kief ded granted a particular groundbrief
thereof and that they are not bound, to make a fence in common. Par-
ties being heard, the Court decide and order the pltfs shall cause the land
in question to be enclosed at the expense of whomsoever shall be found
obliged for the same. Meanwhile Skipper Lourens was ordered to pro-
duce his proofs.
Abraham Jacobsen, pltf. v/s Joseph Waldron, deft. Pltf. says, that
a sow pig was found on the land of Harmen Smeeman and as no one
knew it, Harmen Smeeman gave her to him, on this condition, if the
owner came, that he should give her up, whereupon he caused her to be
proclaimed; and whereas deft, seized and keeps possession of her without
saying, that she is his, requests that deft, shall shew, what right he has to
her, or allow him to retain her. Deft, denies having said that it is his pig,
but says that it came in the winter among his hogs, ran with them and eat
with them, without his knowing, who the right owner was: And should
the Court decide, that pltf. shall have it, though he has no more right or
ownership to it than he, he is ready to give it up. Parties being heard,
the Court decides, since parties on both sides declare themselves not to
be the right owner of the hog in question, that the same shall be pro-
claimed by the Deacons, and in case no demand nor right owner comes
forward within 8 days after, that the said pig shall then be delivered to
the Deaconry.
Richard Bolck, pltf. v/s Jan van Leyden's Wife, deft. Pltf. says,
that J. van Leyden agreed to deliver some timber and clapboards here at
96 Court Minutes of New Amsterdam. [1656
the Manhattans for him and as he failed to haul them, a part was carried
off by the high water; requests, therefore, that he be condemned to pay
the loss, being 300 clapboards. Deft, acknowledges that her husband
was to bring timber and clapboards for pltf. here to the Manhattans,
whereof he brought 100 ps. firewood and 600 clapboards, and whereas
Jacob Steendam, who was to receive them, would not accept the same, he
was obliged to pile the same before her door, wherefrom 10 @ 20 ps Clap-
boards were lost, which she offers to pay. And whereas their boat was
taken off in the Hon'''.' Company's Service, and she is thereby prevented
to haul the remainder, she maintains, she is not liable for any loss, the
pltf. claims: the rather as they were not in her charge nor at her risk.
Parties being heard, the Court decides and orders that Jan van Leyden
is not liable to pay any loss, except only the 10 or 20 Clapboards lost
here, whereas those delivered to him, were at his risk, and his boat was
employed in the Hon'^l^ Company's service.
Ritchert Bolck, pltf. v/s . For payment of fl. 20. And whereas
deft, excepts to have [paid] Richard Witney, Burgomasters and Schepens
refer parties to two arbitrators to wit: — Willem Harck and Herry Breeser,
if possible to reconcile the same or otherwise to report to the Board.
Copy.
Willem Beeckman, Schepen of this City, requests my advice relative
to a certain dispute between him, Beeckman, and Tomas Hall as Attor-
nies of the interested, against Lourens Corn* vander Wei, deft., brought
before Burgomasters and Schepens of this City regarding a certain parcel
of land, about 5 or 6 morgens large, lying within the Publick Enclosure
near the Valley, beyond the Fresh Water, the deft, refusing and failing
pro rata to maintain with others the common fence, maintaining, that he
is not liable for the common fence, because he has a special groundbrief
of the aforesaid 5 @ 6 morgens.
Our answer is: Special Groundbrief s are passed for all lands within
the Common Enclosure and even if they were not, and the lands lay
within the Common fence, that would excuse no one from maintaining the
publick enclosure, or from defraying the charges necessary thereto, or
aiding to defray the same. Therefore, it is necessary that the deft.
Lourens Corn^ van der Wei, or whosoever has his share, or should here-
after obtain it, be ordered to construct his own part of the Common fence.
1656] Court Minutes of New Amsterdam. 97
on pain of forfeiting his right and being condemned in the costs. Done
at Fort Amsterdam in N. Netherland the 9* of May 1656. Was sub-
scribed P. Stuyvesant.
By virtue of the aforegoing Acte, Lourens Corns vander Wei was
ordered by the Court Messenger to construct his part of the common
fence within the period of twice 24 hours after notice, on pain of losing
his rights. Done the 9'?^ May 1656. By order of Burgomasters and
Schepens. Jacob Kip, Secretary.
Monday, 15'?" May 1656. In the City Hall. Present the W. Heeren,
Allard Anthony, Oloff Stevensen, Johannes Pt' Verbrugge, Jacob
Strycker, Jan Vinje, Will"? Beeckman, and Hendrick Kip.
Claaes Pieters Kos, pltf. v/s Pieter Jansen, deft. Deft, in default.
Pltf. appearing in Court demands payment of fl. 27. for hauling firewood,,
delivered to the City. The Hon''!^ Allard as Treasurer undertakes to
satisfy pltf.
M' Jacob Hend'k Vervanger, pltf. v/s Matys Capito, deft. Pltf.
says, that deft, has in his possession certain rolled tobacco belonging to
A. Keyser. Requests pursuant to assignment, that deft, shall be con-
demned to deliver said tobacco to him. Deft, requests payment, first, of
fl. 117. I. for monies disbursed on a/c of A. Keyser; acknowledges to
have Keyser's tobacco, and not to have received it in payment, but to
have the same twisted on halves. Pltf. replies: says, that A. Keyser
satisfied the deft, for the aforesaid claim with an anker of brandy or
Anise. Deft, acknowledges, that he released Keyser for i anker of
brandy, on condition that he should immediately deliver it to him ; but
since that was not done, says that he is not now satisfied, but demands
payment of his full due. Pltf. further demands delivery of the tobacco
in order to sell it, and thereby to pay the pltf. and others what is owing
to them so far as the money goes. Parties being heard, the Court orders,
that Matys Capito shall deliver the tobacco he has of A Keyser, to pltf. to
be sold for the benefit of the creditors, saving any action which he might
have against the pltf. as att'y for A. Keyser.
M- Jacob Hend'k Varvanger appears in Court requesting, whereas
some clothing of A. Keyser are in the hands of David Frere, a Jew, in
pledge for 5 beavers, which he owes him, that he may be authorized by
VOL. II. — 7
98 Court Minutes of New Amsterdam. [1656
order of the Court to receive and said D : Frere be ordered, to give up,
the said clothing, that the same may be sold for the benefit of the general
creditors. The Court considering the request fair, order the aforesaid D:
Frere to hand over to the Comparant M5 Jacob, the clothing of A:
Keyser, which he has in pledge, on condition that he, Mr. Jacob, shall
enter sufficient bail for, or pay to, the aforesaid Frere his debt of 5
beavers; and he was further authorized, to sell the clothing and whatever
he has belonging to A. Keyser, by public vendue to the extent of A.
Keyser's debts in this country.
Pieter Lambertsen, pltf. v/s Catalyntie van Beeck, deft. Pltf. com-
plains, deft, has slandered him by saying, that he stole her tobacco whilst
twisting it, which occurred in the presence of the boarders in the house.
Deft, denying the slander, says pltf. twisted some tobacco for her, and
that only 100 lbs. were obtained from 200 lbs., whereupon she spoke to
him as on other tobacco there was not so much waste. Parties being
heard the Court orders pltf. to prove his statement by the next session,
inasmuch as it is denied by deft.
Cornells Schut appeared in Court requesting an answer to the peti-
tion which he again presents relative to the matter against Maria
Verleth. Whereon was endorsed — Mary Verleth is ordered to deliver
the books and papers appertaining to the a/c, into the hands of the
appointed commissioners, within the period of 24 hours under a penalty
of fl. 25 for the benefit of the Deaconry of this City.
Govert Loockermans, pltf. v/s Hend'^ Pieters" Kint in 't water, deft.
Pltf. demands payment of fl. 506. 2. balance of a/c prosecuting the arrest
issued against fl. 200. which deft, has to the good at Anna Keesen's.
Requests that he may, provisionally, receive the same. Deft, requests
copy of a/c, which pltf. delivers him in Court. Deft, promises to
examine it and to pay, what belongs to pltf., but maintains, as he is a
Burgher here, that his money is not liable to arrest, and therefore cannot
be lifted. Parties being heard the Court decides, that the arrest is not
valid according to the customs of our Fatherland; since deft. is a Burger*
* This is according to the Laws and Ordinances of the City of Amsterdam, Hol-
land, which declared, that the goods of a Burgher of the City cannot be attached by any
stranger, inhabitant or even another Burgher, as the purchase of Burgherrights protects
the man against it, he being liable only to the ordinary proceedings in law for debt.
Rosebooms Recueil, cxl., § 53. Van Poorters haare Privilegien etc. — B. F.
1656] Court Minutes of New Amsterdam. 99
here, and cannot be proceeded against by arrest. The arrest was there-
fore discharged.
Jan Jacobsen, pltf. v/s Pieter Cornelissen, the Younger, deft. Pltf.
demands payment of fl. 89. 14 for freight of goods brought to and from
the South, according to general list and that with costs thereon. Deft,
maintains, inasmuch as he had not settled about the freight previously,
pltf. has charged too much; offers to pay, what is reasonable, according
to the custom of trade. Parties being heard, the Court refer the case in
question to two arbitrators, namely Paulus Leenderts vandie Grift and
Govert Lookermans, to dispose of the same.
Luycas Eldertsen, pltf. v/s Jan van Leyden, deft. Deft, in default.
Pltf. requests arrest, as deft, is about to leave. The Court decides, if he
will leave, that he may be arrested, but since his wife remains here, he
may be again summoned.
Jan Martyn, pltf. v/s Lodewyck Pos, deft. Pltf. demands payment
of the sum of fl. 600, the balance remaining due on his house sold to deft.
Deft, acknowledges the purchase made on the 21^.' May 1655, says he
paid the first instalment, being fl. 200. on last St. John's day, and that he
cannot yet obtain a bill of sale or receipt for his first pay; but he is pre-
pared to pay the second instalment this current month of May upon
receipt of the bill of sale and receipt. Pltf., Jan Martin claims the pay-
ment or delivery of the cows in the first instalment; requests that his
witnesses might be heard. Jochem Beekman and Willem Jansen appear-
ing in Court declare at the request of Jan Martyn, that they were at the
purchase, and that it was fl. 600. in three payments the first in two Cows;
the next, the present month of May, fl. 200. ; the third and last pay in
May 1657. Lodewyck Pos acknowledges the same; says he has paid the
i'.* instalment, and undertakes to pay the second instalment according to
agreement, this week or, at furthest, this month, on condition that the bill
of sale be made and receipt given for the instalment paid. Parties and
witnesses being heard, the Court orders, that a written contract be made
between the parties; that pltf. shall give a receipt to deft, for the first
payment received and that Lodewyck, according to his offer and agree-
ment, shall pay the second instalment in this present month of May.
Hendrick Hendricks as attorney for Maria Luyckersen, pltf. against
Solomon La Scheer and Jacob van Couwenhoven, defts. Deft. Solomon
loo Court Minutes of New Amsterdam. [1656
La Scheer only present. Pltf. requests, in his quality aforesaid, payment
of fl. 505. 9. being balance of the purchase of a yacht, and whereas the
time has expired fully six weeks, that defts. be condemned to pay within
24 hours, or that he be authorized to take the yacht back again. Deft.
Solomon La Scheer maintains, that the buyer of the yacht, Sibrant
Linthout ought to have first been prosecuted and execution issued against
him; and if he could not pay, then they, defts, were answerable for the
balance. But if the Court decides, that they, the bail, should pay, he
requests to hold his guarantee against the pltf. aforesaid. The Court
having seen the bailbond, in which Solomon La Scheer and Jacob van
Couwenhoven have bound themselves as bail and co-principals to pay for
Abram Linthout renouncing all benefits and exceptions; condemn the
said deft. Soloman La Scheer, that he shall pay pltf. in his quality afore-
said, the remaining purchase-money, within 14 days from date; saving his
recourse against whomsoever purchased the aforesaid Yacht, and might
have again alienated it.
The free Traders within this City present a request to the Burgo-
masters and Schepens, wherein they demand the Burgomasters and
Schepens to be pleased to obtain a repeal of the duty on exported wine
and beer, inasmuch as the same tends to the ruin of trade, as further ap-
pears by the said petition. Whereupon having deliberated, it is Resolved
that said request shall be communicated to the Director General and
Council by the two Burgomasters and the presiding Schepen, to represent
the consequences and if possible to obtain the removal of said duty.
Monday 22"'^ May 1656. In the City Hall. Present the W. Heeren
Allard Anthony, Oloff. Stevensen, Joh: Pt' Verbrugge, Jacob Strycker^
Jan Vinje, Will: Beeckman and Hendrick Kip.
Rachel van Tienhoven, pltf. v/s Rynier Ganckens, Mason, deft.
Deft, in default.
Adriaen Blommart, pltf. v/s Solomon La Scheer, deft. F. Fyn as;
attorney of Adriaen Blommart according to procuration passed ip'^ May
1656. before Notary M. de Vos, appears in Court, demanding, in his.
quality aforesaid, payment of a balance of 8 beavers. Deft, acknow-
ledges to owe only 6. beavers balance; saying that he paid, once 12 and
once 6 ps beaver on the 24 beavers, which he owed, which he undertakes.
H656] Court Minutes of New Amsterdam. loi
to prove with Blommarts own hand. Parties being heard, deft. Solomon
La Scheer is condemned to pay within 14 days from date, on condition of
deducting whatever he shall prove to have paid.
Frs. Fyn, as atty for Ad^ Blommart, pltf. v/s Cornelis Jansen Coele,
deft. Pltf. demands payment of fl. 100. 16. for certain capital advanced
on half profit, according to handwriting dated I8'^ March 165 1, passed by
Corn^ Jansen Coele, in favor of Sieur Jan Blanck of Amsterdam; together
with half advance due on the capital, prosecuting the arrest served in this
case on the person of Corn! Jansen Coele; requests that the same be de-
clared valid. Deft. Cornelis Janssen Coele acknowledges handwriting
and signature: says he sold the goods in Virginia, but that nothing was
paid for them; promises to pay pltf. as soon as Jan Hakins shall bring
the payment from Virginia. Parties being heard, the Court orders that
deft. Cornelis Jans" Coele shall render pltf. in his quality aforesaid, good
and honest a/c, to whom and for how much he sold the goods, or failing
therein, to pay the contents of his handwriting or note. Meanwhile the
arrest was provisionally declared valid.
Luycas Eldertsen, pltf. v/s Jan Willemsen Iselsteyn,* deft. In case
of arrest: deft, in default. Pltf. appears in Court complaining that deft,
is gone beyond his arrest; demanding payment of fl. 20. for rent, with
costs incurred herein. Deft, hands in a writing to Court relative to the
case in dispute, which being read before pltf., he denies what is stated
therein; demands that judgment be absolute since deft, went beyond his
arrest. The Court finding, that deft, departed beyond his arrest, there-
fore condemn him to pay the aforesaid sum with the costs incurred
thereon.
Isaack Kip, pltf. v/s Catalyntie Verbeeck, deft. Pltf. says, that
deft, is remaining in the house of Gillis Pietersen f after May without
having any further lease of the same. And whereas it is again leased to
Paulus Schrick, requests that she be ordered to depart therefrom. Deft,
requests inasmuch as she has summoned Paulus Schrick in the said case,
that they be heard in Court together thereupon. P. Schrick appearing in
* Also called Jan van Leyden.
f From Gouda. He married Elsie Hendricks, dau. of Hendrick Jansen, tailor,
from Amsterdam, July 6, 1642. Catalyntje, another daughter of Hendrick Jansen,
became the wife of Isaac Kip, Febry. 8, 1653.
102 Court Minutes of New Amsterdam. [1656
Court, says, that he took the house from Paulus Jacquet to xvi. May in-
stant and that Catalyntie Verbeeck should reside so long with him; but
that he took the house anew afterwards and that she consequently has no
further lease of it, but was warned away. Catalyntie Verbeeck says, that
P. Schrick has promised her, that she should remain in the house in case
the owner therof did not come; which she undertakes to prove. Paulus
Schrick denies the same. Therefore Catalyntie Verbeeck is ordered to
prove, by the next Court day, that Schrick had made her the aforesaid
promise.
At the request by petition of Barent Jansen Cool and Thomas Ver-
don, sworn beer carriers, relative to having, for themselves, the carrying
of the wines from the Honble Company's Store — was endorsed — Inasmuch
as the labor connected with carrying wine and beer to and from the W:
Company's Store, does not concern the Burgomasters and Schepens, but
the Director General and Council, the petitioners may address themselves
to the same.
The Hon''!^ Gen'l. Petrus Stuyvesant, pltf. contra Cornelis Schutt, deft.
The deft, has most scandalously calumniated him, the pltf., in letters
dated 3. 6. and 14 Nov' 1654, sent to Patria to Sieur Nicolaes van
Beeck, as appears by the copy of said letter, read by the General in Court
before the deft. Pltf. requests that deft. Cornelis Schut shall prove,
here, before the Court, what he has written in the aforesaid letters, or in
default thereof be punished, as the Court may deem proper; and that he
shall, provisionally, be ordered to produce forthwith his letter book or be
placed in confinement. Deft, demands copy of the request and of the
copy of the letter to answer thereunto in writing, denying the major part
of what is stated in the letter, also that he has ever written or sent such
letters. The case having been considered, the Court unanimously
decides, that Secretary Kip shall immediately proceed to Corn' Schut's
house and bring into Court Cornelis Schut's letter book, and if no copies
of the aforesaid letters be found in his letter book, then copy of the
letters, exhibited in Court by the General, shall be delivered to Cornelis
Schut, in order that he purge himself thereof. Secretary Kip returning
states, that Cornelis Schut's nephew said and gave for answer, that his
Uncle, Cornelis Schut, retained no letter book, nor any copy of letters,
and that he has no letter book nor any minute thereof. The Hon**!^
1656] Court Minutes of New Amsterdam. 103
General requests, since Cornelis Schut, as before, denies having kept any
letter book, and refuses to declare the same on oath, that Corn? Schut
shall be detained. The Court again decide, that the Secretary, the Court
Messenger with two deputies from the Board, namely Will" Beekman and
Hend'k Kip shall forthwith repair to Cornelis Schut's house, and ex-
amine, if there be no letter book of aforesaid letters in the desk and
among the papers. The Delegates with the Secretary and Court Messen-
ger appear in Court and state, that after due examination they have not
found any copy book of letters either in the desk or elsewhere, and that
Corn? Schut's nephew declares that no copy book of letters is kept in this
country.
To the Worshipf! Burgomasters and Schepens of the City Amsterdam
in N. Netherland.
Whereas Cornelis Schut absolutely denies and declares that he has
not written, nor caused to be written, directly nor indirectly either by
himself or by any other person, the letters read before your Worships and
afterwards handed to you, nor signed the same nor sent them to Sieur
Nicolaes van Beeck; declaring also to your Worships, that he has not
kept, nor caused to be kept any copy book of his letters, which he has
written from here; I, therefore, request of the Burgomasters and
Schepens, that the aforesaid Cornelis Schut shall confirm the same before
your Court by oath, and moreover by further oath declare, that he has
never written or caused to be written to Fatherland anything to the pre-
judice of me as Director General or of the government here, leaving him,
however, free to declare and state, before you, what charges he may have
against me or the Councillors to prove and vindicate the same before your
Worships, or in case he refuse, that his person be detained, until he can
produce other and additional proofs. Done, in Court this 22*? May 1656.
Amsterd" in N. Netherland. Was signed P. Stuyvesant.
Resolved by Burgomasters and Schepens that Cornelis Schut be
heard under oath, pursuant to the request in writing of General Petrus
Stuyvesant, on the following: — If he did not write, or cause to be written,
or signed or cause to be signed the letters to Sieur Nicolaes van Beeck
dated 3. 6. and 14 Nov 1654, whereof copies have been exhibited to him ?
Cornelis Schut again appeared in Court, and having heard the propo-
sition, refuses to swear thereto; but says that he has nothing to say to the
I04 Court Minutes of New Amsterdam. [1656
General, and that he never wrote, nor caused to be written the original of
the exhibited letters.
Whereas Cornelis Schut denies having ever written, or caused to be
written the letters, of which the Hon''!^ General exhibited the copy in
Court; and the Hon''!* General as pltf. has no other proof thereof, except
the simple copy exhibited, the Court decides and orders, that deft.,
Cornelis Schut, shall remain confined to his own house, and be there de-
tained by the Court Messenger, and that copies of the letters delivered to
Court by the Hon'''.^ General shall be granted him thereunto to answer;
and the Hon''.'^ General is ordered, as pltf. to produce his further proofs
within three times twenty four hours from this date, when further disposi-
tion shall be made.
Tuesday 23*? May 1656. In the City Hall. Present the W: Heeren
Allard Anthony, Oloff Stevensen, Joh: Vanbrugge, Jacob Strycker, Jan
Vinje, Willem Beeckman, and Hendrick Kip.
The Hon''.'^ General requests in writing, that the Burgomasters and
Schepens shall reconsider the case regarding Cornelis Schut's slanderous
letters, for which purpose his Honor has demanded the meeting. Which
written request having been read by the Honble. General, the Court take
until tomorrow forenoon to deliberate on the demand, and then adjourned.
Done, as above.
Wednesday, 24"' May 1656. In the City Hall. Present the W:
Heeren Allard Anthony, Oloff Stevensen, Johan. Verbrugge, Jacob
Strycker, Jan Vinje, Will"? Beekman and Hendrick Kip.
The decision of the 22^ May last on the accusation by the Honble
Petrus Stuyvesant against Cornelis Schut, being reconsidered, on the
further explanation and written petition of the Director; the Burgo-
masters and Schepens resolve to summon Corn! Schut before the Court
and to submit for his reflection the following points until to morrow at 6
o'clock, then to answer them under oath, by Yea or Nay, to wit — If he
did not write or cause to be written, or sign or cause to be signed the
letters of the 3. 6 and 14 Nov. 1654 to Sieur Nicolaes van Beeck, copy
whereof was exhibited in Court by the Director and placed in his, Schut's
hands ? — 2°'^''' If he has not kept or caused to be kept here a copy or copy
book of his letters from his arrival to the present day ?
1656] Court Minutes of New Amsterdam. 105
Cornelis Schut appears in Court: the aforesaid being proposed to
him, requests copy of the same, and promises to make known his inten-
tion regarding them tomorrow in writing and what he can declare about
them under oath; he requests further, whereas he is the laughing stock
and reproach of every body, whilst going to and returning from the Court
under the guard of the Court Messenger, that he may be released under
bail. The Court having deliberated thereupon, decides, that Cornelis
Schut's detention cannot yet be altered, but it shall be taken into con-
sideration tomorrow. Done 24 May 1656. Was signed, Allard Anthony,
Oloff Stevensen, Johannes Van Brugh, Jacob Strycker, J. Vinje, Willem
Beeckman and Hend'k Kip.
Thursday Morning, 25'^ May 1656. In the City Hall. Present the
W: Heeren, Allard Anthony, Oloff Stevensen, Joh: Van Brugge, Jacob
Strycker, Jan Vinje, Willem Beekman, and Hendrick Kip.
Resolved by Burgomasters and Schepens, that Cornelis Schut be
brought into Court pursuant to the order made yesterday, and asked if he
be inclined to swear to the preceding articles, and should he refuse, that
then he be placed in close confinement, and the trial referred, with advice
in the case to the Supreme Councillors, pursuant to instructions given to
the Burgomasters and Schepens.
Cornelis Schut appears in Court: says he has reflected on taking his
oath on the preceding points. But inasmuch as he is a vassal and the
Heer Stuyvesant is a General, he is desirous that the matter may be
settled by mediation, and for that purpose he has already sent Capt.
Martin Krigier and Matewis de Vos to his Honor, acknowledging that he
has truly written some things to Nicolaes van Beeck, but he does not know
how much; requesting that Burgomasters and Schepens would be pleased
also to address the Hon^!^ General thereupon in a body, and if possible,
to effect the adjustment of the dispute.
Burgomasters and Schepens promise to do every thing in their power
to settle the matter, and therefore resolve to address the Hon"^ Lord
General thereupon in a body. Done as above.
Copy.
To the Burgomasters and Schepens of the City Amsterdam in New
Netherland.
io6 Court Minutes of New Amsterdam. [1656
Honorable Worships.
Capt. Martin Crigier and Matewis de Vos came to me this morning,
requested and sent, as they declare, by Corn! Schut with an offer of sub-
mission and acknowledgment of error before me and them relative to the
past; and further ask, that I should not prosecute the matter to the
uttermost, to the public defamation and dishonour of the deft. This I
have refused, partly because the case was already depending before the
Court; partly and principally because I have been defamed both in person
and office, by his sinister and false accusations, not so much here as in
Amsterdam; that the defamatory despatch, I believe on my honor was
[seen] not only by some few, whom I know, but also by divers others,
who do not know me as well, and therefore might entertain a bad opinion
of me. Therefore, in my view of the case, the defamation and injury
done me to the grievous damage of my honor, name and reputation being
very public, the defence, revocation and reparation thereof ought to be
made in public, at least before public men. This in short is the sub-
stance of their request and proposal to me, and of my answer to them,
the truth whereof, the Burgomasters and Schepens, if they should think
it necessary, can learn from the abovementioned Capt. Crigier and M: de
Vos. In the meantime, to shew myself the more guiltless of accused
malice and selfish revenge, I shall, by your Worships advice and resolu-
tion, content myself that he, the deft., without revocation and in extretno
gradu shall submit and acknowledge his fault, and demand forgiveness
for that writing, and in sincerity and manly truth declare before your
Worships, whether he had any advisers for so defamatory a letter, or
shewed the same, or a copy thereof, here to any person, or let it be read,
and to whom; in order that we may, hereafter, take heed and be on our
guard against such. Failing and refusing this, we confide ourselves to
your Worships good justice, expecting which, I remain,
Honourable Worships,
Your affectionate Friend,
Signed,
P: Stuyvesant.
Amsterdam in N: Netherland 25 May 1656.
Cornelis Schut appeared before Burgomasters and the Presiding
Schepen of this City, acknowledging and declaring, that what he wrote to
1656] Court Minutes of New Amsterdam. 107
Sieur Nicolaes van Beeck in the letters, dated 3. 6. and 14 Nov: 1654, to
the prejudice of the Hon^'.' Director General Petrus Stuyvesant, was done
against his Honor's innocence through hastiness, and that he is very sorry
for it; declaring further that he has nothing to charge against the afore-
said General, with assurance, on the truth of a man, that he had no ad-
visers to the writing of such a letter nor had shewn nor read the copy
thereof to any person. Promising henceforth to avoid such calumnies.
In testimony whereof is this signed with his own hand by the aforesaid C.
Schut. This 27 May 1656. At Amsterdam in N. Netherland.
Was signed, Cornelis Schut.
We the undersigned, requested to act as intercessors in behalf of
Cornelis Schut, relative to the accusation of the Hon''!'' Director General
Petrus Stuyvesant, regarding certain letters written to Sieur Nicolaes van
Beeck in date 3. 6. and 14 Nov. 1654, having seen the offer made by the
Hon^!^ Director General to the Burgomasters and Schepens dated 25*.''
May last on the verbal request of Capt. Martin Krigier and Matewis de
Vos, together with the acknowledgment and declaration of Corn^ Schut
following thereon and signed, this day, in our presence. Decide that the
Hon''!* Director General Petrus Stuyvesant shall be satisfied with the ac-
knowledgment aforesaid without having any further claim or instituting
any further suit; And that the aforesaid Cornelis Schut shall have to
abstain henceforward from such like defamation, either oral or written.
Done this 27 May Anno 1656. At Amsterdam in N. Netherland. Was
signed, Allard Anthony, Oloff Stevensen, Johannes van Brugh.
In my presence, Jacob Kip, Secretary.
Tuesday, 30'.'' May 1656. In the City Hall. Present the W Heeren
Allard Anthony, Oloff Stevensen, Joh. Van Brugge, Will: Beeckman and
Hendrik Kip.
Copy.
The Director General and Council of New Netherland by and with
the advice of the Burgomasters and Superior Burgher Officers hereby
make known and warn every one that, from now henceforward, no person
shall harbour any Indians by night between this and the Fresh Water,
under the penalty of fl. 25. fine payable by each one, who shall hereafter
harbour any Indian by night, without a note signed by the Director
io8 Court Minutes of New Amsterdam. [1656
General or Secretary. Thus done, in Fort Amsterdam in New Nether-
land, the 29 May 1656. Under Stood —
By order of the Hon''!'' Direct^ Genl. and Council of N: Netherland.
C. V. Ruyven, Sec.
On 30'.*" May as above, is this preceding Ordinance published and
affixed, after previous ringing of the bell, from the City Hall of this
City.
Whereas it is reported, that the Hon''!^ Cornelis van Tienhoven is
dismissed from all his offices, which he is filling, as well under the Hon^l"
Company as the Burghery, and we shall then have no Schout of this City,
it is resolved and concluded that, as we are ignorant of the certainty
thereof, we shall wait until the aforesaid Tienhoven shall return from the
South, and if it be confirmed and certain that he, C. v. Tienhoven, is
dismissed from all his offices, then shall we request by dutiful petition to
the Director General and Council, that their Honors would appoint a
Sheriff from the Burghery, pursuant to previous petitions presented
thereon by the Commonalty and Burgomasters and Schepens, and
approval of the Hon^!* Company expressed thereof that we should have a
City Sheriff from the Burghery. Done as above.
Whereas Jan Geraerdy, free trader here, has been at law before our
Court in the month of March last with Sieurs Andrew and Roger Kilvert,
traders in the galiot called L' Esperance relative to a dispute or payment
of certain tobacco ; the which being referred to arbitrators is so far dis-
posed of, that they, Kilverts, on their side, are to enter here sufficient
bail for the payment of the tobacco which, by settlement, is belonging to
aforesaid Geraerdy; as more fully appears by the papers thereof. Now
it is so, that the above named Kilverts have not only failed to enter bail
here, pursuant to the said decision and order thereupon, but have also
presumed, notwithstanding legal and due arrest served herein on persons
and galiot, to depart with aforesaid galiot without affording any satisfac-
tion to the aforesaid Geraerdy. Therefore said Geraerdy requests our
favorable recommendation to all Governors, Magistrates, and Com-
manders to assist him in his legal proceedings for the recovery of his
property with damages and interest lost and to be incurred, so that he
may obtain right and justice: Which we cannot refuse him; Requesting
therefore, hereby all Governors, Magistrates and Commanders, to whom
1656] Court Minutes of New Amsterdam. 109
these may be shewn, to be pleased to assist and aid the aforesaid Jan Ge-
raerdy, or his attorney in this his right, which done we shall deem ourselves
bound to reciprocate the same in similar and like occasions. Done this
3o'^ May 1656. Given in our Court at the City Hall in the City of Am-
sterdam in New Netherland.
To the Hon''!'^ Director General and Council^.' of N. Netherl^
The Burgomasters and Schepens of the City of Amsterdam in New
Netherland make known with all duty and respect: —
That they are certainly informed that the Hon*'.'^ Corn^ Van Tien-
hoven is dismissed by the Lords Patroons of this Province from the
Offices, which he has filled in this Country, and, consequently, also from
the Sheriffalty of this City which he likewise filled to this date. And re-
membering, that the Rt. Hon''!* Directors of the West India Company,
Chamber at Amsterdam, the Lords and Patroons of this province have
been pleased, by their letters (at the request both of the Commonalty and
your petitioners' predecessors) of date IS'!" May 1654. to order, that the
duties of the Sheriffalty of this City should be seperated from the office
of Fiscal, as appears by the copy thereof hereunto annexed.
Therefore the petitioners hereby respectfully request your Honours
(as the Hon^'.* Cornelis Van Tienhoven is dismissed from all his offices),
that you would please to appoint, pursuant to said instructions, an honor-
able, learned and fit person from among the Burghery or inhabitants here
as Sheriff of this City, whereby Justice shall be maintained and the pros-
perity of this first, or now begun City shall be more and more advanced
Awaiting hereof Your Lordships favorable disposition, we remain
your faithful Servants
The Burgomasters and Schepens of the City of Amsterdam in New
Netherland.
By order of the same,
Jacob Kip, Secretary.
The Direct' General and Council reflecting on the last order, advice
and instructions of the Lords Directors of date 26 April of last year 1655,
in which the Honble Lords Patroons advise, that the Sheriffalty of this
City be provisionally discharged by the Fiscal; Therefore, the Director
General and Council cannot seperate them with' being countermanded,
at least without further advice and information from the Hon'''.* Lords
I lo Court Minutes of New Amsterdam. [1656
Directors. Done Fort Amsterdam in New Netherland this 7. June 1656
was signed. P. Stuyvesant. Undersigned, By order of the Rt. Hon""
Director General and Council of New Netherland.
C. V. Ruyven, Secretary.
Extraordinary Meeting holden on Wednesday the 7'^ June 1656. In
the City Hall. Present Allard Anthony, Oloff Stevensen, Jacob
Strycker, Jan Vinje, Will"? Beekman, and Hendrik Kip.
James Lesley, pltf. v/s Nicolaes Boodt, deft. Pltf. demands pay-
ment of ;i^i6o. Sterling English, a balance, which is coming to him from
deft, for the share of the sale of the ship Ki72g David, whereupon he has
received fl. 701. Deft, says, he owes according to Note only fl. 1600.
Thereof, according to receipt standing therefor, he has paid fl. 701. and
offers to pay the remaining Nine hundred, less one guilder; on condition,
that the 2270 lbs. tobacco delivered to pltf. shall be previously restored to
him, besides 2509 lbs. more of tobacco, which are due him on settlement
of a/c. Pltf. replying says, that deft, owes no 1600 gl. but;^i6o St'g.
according to declaration and acknowledges to have truly borrowed 2270
lbs. of tobacco from deft, in Virginia and apart from this to owe 2509 lbs. ;
but that he has already assigned the obligation and that the tobacco must
first be paid in Virginia with the next crop ; Offering to allow the tobacco
to count as an off sett at the price current here, which is 6 stiv: per lb. or
to give deft, security for the payment in Virginia. Deft, answers: denies
expressly, that he agreed to wait for the aforesaid tobacco to the next
harvest; and is not bound to receive the tobacco here at 6 stivers per lb.,
but offers, if pltf. deliver him the tobacco here, to pay according to usage
the expence accruing thereon from freight etc. and to pay pltf. immedi-
ately the balance of the money for sale of the little ship, or otherwise to
enter sufficient bail for the payment of the balance of the Note after
receiving satisfaction for his claim. The Court having heard the demand
and answer of parties and examined the obligation produced by pltf.
find that the note does not mention any pounds Sterling but only Sixteen
hundred guilders, whereof fl. 701. are already received in part payment.
They, therefore, decide, that N. Boot, the deft., can liquidate by the pay-
ment of fl. 1600. according to obligation. And since no time is mentioned
in the aforesaid obligation for payment, they order parties on both sides
1656] Court Minutes of New Amsterdam. 1 1 1
to give sufficient security for the payment of their aforesaid respective
debts. Done, as above, in Court. Absent Johan. Verbrugge.
The Hon''!^ President Allard Anthony proposes whether it be not
proper to write to Patria, to the Honj'!'' Company and the City by the
Ships the Balance and Dolphin now on the eve of sailing. Whereupon
the question having been put, it was decided, if any thing were written,
that the last received letter of the Hon''!^ Company should principally be
answered and the condition of affairs here explained; otherwise, it is not
expedient to write.
Cornelius van Tienhoven appears in Court of the Burgomasters and
Schepens of the City Amsterdam in New Netherland: — Relating, that the
Hon*'!" Patroons have been pleased to discharge him from his offices and
dignity, which he filled to the present time in this country, and whereas
he has served also as Sheriff of this City; he requests of Burgomasters and
Schepens, as he is now dismissed, if their Honors had any thing to say
relative to the performance of his duties as Sheriff during the time he
filled that office, that their Honors would be pleased to communicate the
same, that he may purge himself therefrom: If not, that their Honors
would be pleased to grant him a formal Acte as to his deportment in the
execution of his duty as Sheriff.
Whereon the question being put, it was unanimously resolved, that
they have nothing to say against the person of Corn' Van Tienhoven as
to the office, which as Sheriff he had filled; but on the contrary, thank
him for his services rendered for the good of this City. Done in Court
of Burgomasters and Schepens (absent Johanf Pt' Verbrugge) of this
City of Amsterdam in N. Netherland this 7 June 1656. And this extract
is confirmed by the Hon"^ President with the City Seal.
Tuesday, 13* June 1656. In the City Hall. Extraordinary Meeting
holden at the City Hall. Present the W: Heeren Allard Anthony, Oloff
Stevensen, Jacob Strycker, Jan Vinje, Will"? Beeckman, and Hendrick
Kip.
Willem Mischel, pltf. v/s Tomas Willemsen, deft. Pltf. demands,
whereas deft, has arrested him here, that he shall give reasons for the
arrest. Deft. Tomas Willemsen says, he has arrested pltf., because the
crew have arrested him as skipper of pltf's Ship, for payment of their
112 Court Minutes of New Amsterdam. [1656
wages, because they were shipped by him to sail according to contract
and now, another skipper being appointed, the voyage cannot be prose-
cuted according to contract, requesting, that pltf. shall be condemned to
pay him and to secure the crew shipped by him, in their wages, and to
free him from the same. Pltf. answering says, he is not bound to pay
the sailors before they return to England, where their time and engage-
ment first expire, and he is not liable to give further security merely on an
arrest without judgment. Tomas Willemsen replies: says that pltf.
Michel is obliged by contract, under bond of 300 pounds St'g., for the
fulfillment of the voyage, and is therefore bound, now he has discharged
him, and put another in his place, to give security to the sailors, that the
voyage shall be prosecuted according to contract, and they be paid as
shipped, and he be exonerated. Pltf. Michel denies, that he discharged
deft., T. Willemsen, or engaged another; but says, that T. Willemsen
himself requested to leave the ship here, and on this condition he spoke
to the carpenter, without, however, having contracted with him. The
carpenter, being heard in Court thereupon at the request of T. Willemsen,
declares, that W. Michell had said to him, he should take him as skipper
in case T. Willemsen should leave the ship; but he was not engaged nor
agreed with. The boatswain and N. appeared also in Court; request that
the skipper shall give them security for their wages and fulfillment of the
contract: offer to declare under oath, that the carpenter said, he was
skipper, and had already engaged a crew to sail, on their arrival at Vir-
ginia, from thence to Barbadoes. Pltf. answers to the Statements of the
Sailors, that could not tend to his prejudice, though the carpenter might
well have said so ; but offers to declare, under oath, that he has made no
final agreement. The Court having heard the demand and examined the
answer as far as the same is material, have declared the arrest invalid;
and order, furthermore, should pltf. Michel and deft. Willemsen discharge
each other from the contract, that Michel is then bound in place of
the skipper Willems to give security to the sailors for their wages, and
parties were condemned each to half the costs herein.
On the 15. June 5 whole beavers are brought by M! Jacob Hendrik
Varvanger in consignment for the payment of David Frere's claim against
Adrian Keyser.
1656] Court Minutes of New Amsterdam. 113
Monday, 19 June 1656. In the City Hall. Present the Heeren
Allard Anthony, Oloff Stevensen, and Hendrik Kip. Jacob Strycker
and Willem Beeckman are at Fort Orange. Joh. Verbrugge, and Jan
Vinje, absent.
Sybout Clasen, Jacob Steendam, Adolf Pietersen, Sybrant Jansen,
Adriaen Blommart and Jacob Schellinger appear in Court as neighbours,
requesting, whereas they are ordered by previous resolution to construct
the sheet piling before their lots near the City Hall on the Strand, and
they are unanimously disposed to execute the same, and whereas no
person comes forward or speaks for the lot of Jochem Pt' Kuyter de-
ceased, that the Court will be pleased to provide therefor or to pay and
appear, according to order, for the same; and further that the survey of
the slip and their houses and gardens may be confirmed.
The request being found just, the petitioners were ordered to proceed
with the work and Secretary Kip, as Vendue Master of the property of
the deceased, is ordered to pay the expenses as far as the same apply to
the lot of the late Jochem Pt'^." Kuyter, as well as his share, which shall
have preference over others. Further Resolved that the Street Inspectors
are ordered to complete, with all diligence, the survey of the sheet
piling, houses and lots; but inasmuch as Jacob Schellingers house lies in
the canal and on the road, resolved that he have notice not to proceed
any further with his house.
Jacob Barsimsom, pltf. v/s Allard Anthony, as Attorney for Jacob
Jansen Huys, deft. Pltf. appears in Court, presenting a written petition
in which he prosecutes the arrest of the effects, which deft., as att'y
aforesaid, has in his hands. Whereon is endorsed — Whereas the Hon'''."
Allard Anthony as attorney of Jacob Jansen Huys requests copy of the
demand thereunto to answer in writing by the next Court day, the same
is granted to him, and the arrest is in the meanwhile declared valid.
Done as above.
Jan Gerritsen Brouwer, pltf. v/s Pieter Van der Linde, deft. Deft.
in default. Because deft., as inspector, first marked a hogshead of
tobacco as good, and afterwards marked it, not good. Whereas deft, is
absent, default was granted.
Jan Martyn appears in Court, exhibiting the judgment against
Lodewyck Pos, with the statement of the Court Messenger that he fails to
VOL. 11— 8
114 Court Minutes of New Amsterdam. [1656
pay. Whereon is ordered: — On the petition of Jan Martyn, the Bailiff
is authorized to levy execution.
Adriaen Blommart, pltf. v/s Jacob Hendrik Varvanger, deft. Pltf.
says he received from deft, a box of Zeewan for fl. 142:3. And that only
fl. 100 were found therein; requests that what has fallen short may be
made good. Deft, acknowledges, that he delivered a box to pltf. and did
not know, but there was that amount in it; says pltf's wife took some
out. But if pltf. will declare, that he did not lessen the Zeewan or give
any out of it, he offers to pay the same, saying he received it so counted
from the Zeewan-Stringers, leaving it to the judgment of the Court. Pltf.
Blommart offers to drop the case, if deft, will declare on oath, that there
was so much Zeewan; acknowledges, that he counted out fl. 8. 16. and
when the whole was counted by his wife, that it came fl. 42:3 short; but
offers in addition to his wife's declaration on Oath, his own declaration,
that it was not diminished. M'= Jacob, as Pltff., * being asked, whether
he will swear, that there was fl. 142:3. in it, says he can swear nothing
about it. The Court having seen and heard parties and declaration be-
sides offer of oath, condemn deft. M' Jacob Varvanger to pay pltf. the
fl. 42. 3 which are found short.
Warnaer Wessels, pltf. v/s Michel Jansen, deft. Pltf. demands pay-
ment of balance of fl. 443. 17. for purchase of a pipe of sack and excise.
Deft, acknowledges the same; requesting inasmuch as the wine is not yet
sold, and consequently he has not had any pay, that pltf. will be pleased
to receive the wine in payment, or otherwise grant time. Pltf. says, he is
not inclined nor bound to take the wine back; requests payment; offers
still another year. Deft, requests a year's time, then assuredly to pay in
Zeewan. Whereupon parties are mutually agreed in Court, that payment
shall be made precisely in the next month of March or April in good
tobacco, wherewith, for the present, they are friends.
The Hon^'l* Jan Vinje, present.
Jacob Willemsen, pltf. v/s Anthony Jansen Van Vaes, deft. Deft,
in default.
Hend'k Ptrsen Kint in 't Water, pltf. v/s Egbert Woutersen, deft.
Pltf. demands payment of 250 gl. Deft, says, he has paid the same in
full at pltf's request to Govert Loockermans for the use of his land; and
* Thus in the original. Ought to be " Deft."
1656] Court Minutes of New Amsterdam. 115
as Govert Loockermans says, he received only 200 gl. in 4 payments and
the remaining fl. 50 do not appear on his books, offers to pay, anew, the
balance of fl. 50., if he Loockermans will declare under oath that he has
not received the same. Wherefore pltf. is nonsuited.
Egbert Woutersen, pltf. v/s Govert Loockermans, deft. Deft, in
default. The Court permitted and ordered pltf. to summon deft, afore-
said again.
Joseph Itbrie, ptf. v/s Tomas Willemsen, deft. In case of arrest.
Pltf. requests, that deft, be condemned to pay him his wages earned on
board the ship the Comfort, as he deft., as skipper, has engaged him.
Deft, exhibits full acquittance and release from all claims granted by the
Capt. of the Ship, W. Michel, and maintains, that pltf. must look to said
Capt. Michel for his earned wages, since he, Capt. Michel will take him,
pltf., in his place as skipper, and he knew that he, deft., had left the
ship. Parties being heard, the Court pronounced the arrest invalid
against deft., since pltf. himself declared, at the last extraordinary meet-
ing, that he, provisionally, had agreed with Capt Michel, as the skipper
was to leave the ship, that he should go therein, and deft. T. Willems has
final discharge from Capt. Michel. But it was understood, that pltf.
Joseph Itbrie should have his guarantee against Capt Michel or his
attorney.
Hendrick van Dyck as Att'y for his son in law Nicolaes Meyer, pltf.
v/s Mary and Jan Geraerdy, defts. Pltf. demands, that deft, be con-
demned to pay him the sum of fl. 539. 6. in good Virginia tobacco, which
pltf. shall mark as good on his own inspection, such being due him by
virtue of an obligation and settlement, and that with costs, damages and
interest thereon, inasmuch as the aforesaid amount according to the obli-
gation aforesaid should have been paid before the sailing of the ship New
Amsterdam, which was not done. Deft. Jan Geraerdy acknowledging
the debt says he offered the tobacco to pltf. Meyer, which he would not
receive here, notwithstanding which he afterwards delivered it to Cornelis
Steenwyck as good; offers, still, pay in tobacco, which he has, if not at 6
stiv. let it be at 4 @ 5 stiv: according to its value. Pltf. says, he is not
satisfied with such tobacco, but says, if it only be tobacco, which is in-
spected, he promises to receive it. Deft. Mary Geraerdy says, she is bail
only for payment in Zeewan. Pltf. says, notwithstanding the time has
ii6 Court Minutes of New Amsterdam. [1656
long since expired, if deft, will forthwith pay the same in Zeewan, he will
accept it.
Deft. Jan Geraerdy offers to pay now with an assignment on the Com-
pany for fl. 251. 12 and the balance in 6 weeks. Pltf. says, he is not
satisfied with that, and requests payment according to obligation. Parties
being heard, the Court orders deft, to pay pltf. within 6 weeks from date
according to obligation.
Cornelia Schellinger, pltf. v/s Tryntie van Engelen, deft. Pltf. says
that deft, holds her mother's ox in arrest on Staten Island without any
reason ; protesting therefore, over all costs, damages and interest already
suffered or hereafter incurred. Deft, answers, that she arrested the ox,
because she must have, as widow of Arent van Engelen, from Jannekin
Melyn, fl. 66. 6. and for Jan Gerritsen dec'? fl. 130. and if this be paid
she is willing to restore the ox. Pltf. replying says, that deft, never came
to a settlement according to order of the Court and as to the pretended
fl. 130. maintains, it to be unfounded, inasmuch as she refused, before
the Court, to pay for Jan Gerritsen dec*?. Deft, in answer says, whereas
she applied for payment of the ox to the Lord Vander Capellen, that she
also may seek her recourse, as she has done. Parties being heard, the
arrest was provisionally declared valid, and they were ordered to settle
either by themselves or before arbitrators.
Cornelia Schellinger, pltf. v/s Teunis the Mason, deft. Pltf. says
that deft, undertook to build her chimney, and whereas she is in danger
of fire or misfortune therefrom, requests that he be ordered to erect the
chimney according to contract, or pay what he owes her, — fl. 35. Deft's
wife appears in Court, acknowledges that her husband undertook the job,
but cannot now execute it nor pay the debt. Parties being heard, deft,
is ordered to pay pltf. what he owes her, within six weeks from date.
Caspar Steynmets' Wife in absence of her husband, pltf. v/s Cornells
Tysen and Cornells Jansen, Wood Sawyers, defts. Pltf. demands pay-
ment of fl. 6;^. 13. from Cornells Jansen according to a/c; requests, that
the arrest in this case served on the monies in the hands of Joh: Ver-
brugge, shall be declared valid. Deft. Corn^ Jansen appearing in Court
acknowledges the debts of both ; says, they were not asked for the pay-
ment and that it was not due nor promised before the delivery of the
work, which he undertook for Joh: Verbrugge. Consents to the arrest.
1656] Court Minutes of New Amsterdam. 117
Whereas defts do not deny the debt and even accept the arrest, the
Court have declared it valid.
Cornelis Jansen, Woodsawyer, pltf. v/s Cornelis Aertsen, deft. Deft,
in default. Pltf. appears in Court. Whereas deft, fails to pay him ac-
cording to judgment dated if' May last, he requests the Court to give
orders, that he may be paid. The request being deemed just, the Bailiff
was authorized to execute aforesaid judgment.
Pieter Jansen, pltf. v/s Rynier Wisselpenningh, deft. Deft, in de-
fault.
Jan Danielsen, pltf. v/s Lourens Cornelis Vander Wei, deft. Pltf.
demands restitution of 8 beavers and i otter which deft., according to
handwriting, received from the Swedish clergyman,* and delivered only
14 lbs. powder therefor. Deft, acknowledges, according to handwriting,
to have rec^ 8 beavers and i otter from the Clergyman of the Swedes to
buy certain goods for him, and says he bought and sent only few goods
for them, but should the Court decide, that the handwriting is sufficient
without procuration or transfer, offers to give an a/c of what he pur-
chased and restitution of the remainder. Parties being heard, the Court
decides, inasmuch as pltf. exhibits no procuration nor transfer of the
Note, that he shall write for the same; and if he exhibits the same, or
otherwise enters bail for all further demands, deft, is condemned to a/c
to pltf. for what he bought and give up the surplus to him.
Pieter Jacobsen Marius, pltf. v/s Jacob van Couwenhoven, and
Wolfert Gerritsen, defts. Pltf. demands payment of fl. 2587. 10 in
tobacco or beavers according to Jacob van Couwenhoven's note and
mortgage passed by Wolfert Gerritsen, which expired last May. Deft.
Jacob van Couwenhoven acknowledges the debt, and Wolfert Gerritsen
acknowledges to be bail; says he has not yet been able to pay, because no
payment has come from Virginia and other places; requests merely 2 @ 3
weeks time for a part, and promises to do his best for the full payment,
with offer of due interest; requests respectfully, that execution be not yet
issued. Pltf. says he will willingly wait a week or two, but since he is
* A list of these clergymen will be found in Memoirs of Penn^ Hist. Soc, vol. iii.,
part I., p. 109. The one referred to here was probably the Rev. Lawrence Lock, pastor
at Fort Christina, now Wilmington, Del., until 1688, when he died, Acrelius, 199.
— B. F.
ii8 Court Minutes of New Amsterdam. [1656
obliged to pay others, he must then be assured. Exhibiting by note and
Acte of bail that, to the present time, he had waited in the hope of pay-
ment and on good promises. Parties being heard and the Note and bail
bond being examined, the Court condemn defts to pay pltf. his remaining
debt in full according to obligation and mortgage, for which six weeks
from this date were yet granted him. And in case they should not have
paid in full by that time, the Bailiff is authorized to levy immediate
execution.
Mary Jores, pltf. v/s Jacob van Couwenhoven, deft. Pltf. demands
payment of fl. 195. 4 according to a/c or that deft, shall satisfy his
brother Pieter v. Couwenhoven and give an order on him. Deft, acknow-
ledges the debt; says he will willingly pay his brother, but is not bound to
give an order on him. Parties being heard, deft. Jacob van Couwenhoven
was condemned to pay pltf. or his order or to satisfy his brother.
Cornelis v. Langevelt, pltf. v/s Jan Geraerdy, deft. In case of
arrest. Pltf. demands payment of a certain half of a bark which he and
deft, had in partnership, and was alienated by the deft, without satisfying
him, as was formerly in dispute: Also satisfaction for having been
abandoned last harvest by the deft, at the North, when he should have
taken him on board. Deft, says, that all that was unsettled between him
and pltf. was disposed of by arbitrators, viz: Joh: Pt' Verbrugge and
Cornelis Steenwyck, and that pltf. is not justified either in that, nor
in having been left at the North. Parties being heard, the arrest was de-
clared invalid, and deft, was ordered to prove by the decision of arbi-
trators, that the question of the yacht was disposed of, and to deliver to
pltf. his proofs and writings in Dutch, by the next Court day.
David Frere, pltf. v/s Claes de Ruyter's Wife and Harmen
Dowesen, defts. Defts all in default.
Willem Pietersen, pltf. v/s Dirck Claesen Pottebaer, deft. Deft, in
default.
Jan Gerritsen, pltf. v/s Solomon La Scheer, deft. Deft, in default.
For payment of his monthly wages on deft's yacht. And whereas he,
deft., being absent, requests delay until his return from Fort Orange, the
matter was postponed to deft's arrival.
Pieter Jacobsen Buys and Jacob Calf, as attornies for Cornelis Schut
according to procuration executed before Notary M : de Vos. and certain
1656] Court Minutes of New Amsterdam. 119
witnesses, pltfs v/s Judith Varleth, wife of Caspar Varleth, deft. In case
of arrest. Pltfs demand, in their quality aforesaid, payment of fl. 747. 2.
according to extract of a/c and fl. 67. 8. on note, for goods received by
dec^ Joh: van Beeck; request, that the arrest served on the person of
deft, shall be declared valid, until she shall have paid or given sufficient
security. Deft, says, she knows nothing of the matter and neither acknow-
ledges nor denies the debt; only knows well that the note for fl. 67. 8. is her
husband's handwriting, but must speak to her husband about the one and
the other. Maintains, that she is not liable to give bail. Parties being
heard the Court declares the arrest valid until deft, shall have given suffi-
cient bail for pltfs claim, or prove that the goods were not received; and
if received, when and how paid for.
Pieter Schabanck as att'y for Joost Van Beeck, pltf. v/s Augustyn
Heermans, deft. Pltf. says, deft, delivered 4 hogsheads of tobacco to
Joost van Beeck, which were then inspected and received, and whereas
the tobacco was found afterwards to be neither good nor merchantable,
requests, that deft, be condemned to deliver him other merchantable
tobacco instead. Deft, maintains, whereas he delivered the tobacco to
Joost van Beeck as inspected, and it was weighed and received at the
scales by the aforesaid van Beeck, as pltf. himself admits, he is not bound
to change or to give better tobacco; demands, as an offsett, from P.
Schabanck as att'y for Joost van Beeck, repayment for two negresses,
who were bought from Joost van Beeck as sound, though they were all
sick on shipboard, and one died that same day and the other in Virginia.
Pt' Schabanck answers, that he is ignorant thereof; maintains, if he had
any action against pltf., he ought to have instituted the same before J. v.
Beeck' s departure; demands payment of the tobacco remaining due.
Parties being heard, the Court decides and orders, that pltf. Schabanck
shall retain the tobacco in dispute, since the same was received, weighed
and accepted according to inspection, but he is at liberty to institute his
action against the Inspector. As regards the negress, it was decided and
ordered, for reasons alleged, that Augustyn Heerman shall have no claim
therefor, but be condemned to pay the remainder of the tobacco, when
P. Schabanck shall give him proper acquittance.
Pt' Schabanck, pltf. v/s Mr. Isaack Allerton Sen^ deft. Pltf. as att'y
for Joost van Beeck demands that deft, shall be condemned as bail for
I20 Court Minutes of New Amsterdam. [1656
Edward Scharborgh to pay the sum of fl. 3480 in tobacco according to
settlement of a/c as the time has expired. Deft, requests copy of the de-
mand and time until the next Court day to answer, inasmuch as he is not
alone but co-security with another. The W Court grants deft. Isaac
Allerton his request to have a Copy of the demand and time to answer
thereto until next Court day.
Jan Rutgersen appears in Court and requests orally, as he also has
asked by petition, that he be appointed and commissioned Sworn Meas-
urer of Grain, and since the Court is not complete, petitioner was,
provisionally, allowed to undertake the aforesaid oihce, for which he
petitioned and to ask for the confirmation therein at the full Court, when
further disposition shall be made thereon.
Mr. Jacob Hend'k Varvanger appears in Court, exhibiting the return
of the Court Messenger to the judgment obtained, on the 15 May last^
against Matys Capito; requesting that the Court will be pleased to order
Matys Capito to deliver the tobacco without he, the Comparant, giving
any bond as Capito claims for the payment. Disposal: — The Court
orders, at the request of Mr. Jacob H. Varvanger, that Matys shall deliver
the tobacco, which he has on hand belonging to A. Keyser, according to
previous judgment, or, in default thereof, the Bailiff is ordered to levy
execution.
M' Jacob Hendrick Varvanger appears in Court, stating that pur-
suant to the order of the Court he had offered to David Frere the 5
beavers, which A: Keyser owes to said Frere, who refused them, saying
he wants to be paid in Zeewan at 12 gl. the beaver, or otherwise he will
not let the clothing go. Whereupon the petit' has deposited the 5 beavers;
requesting the Court will be pleased to constrain the aforesaid Frere to
give up the clothing. Whereupon is endorsed: — Whereas Mr. Jacob H.
Varvanger has deposited with the Secretary of this City the 5 beavers,,
which are due from A Keyser to David Frere, and the same are found
merchantable, the said Frere was ordered to deliver to Mr. Jacob Var-
vanger A. Keyser' s clothing, which he has in pawn; and if Frere shall
remain in default, the Bailiff is authorized to levy execution.
Charles Morgan appears in Court, stating that he gave skipper
Willem Tomasen dec"? his a/c of earnings from the Hon''!^ Company
to be received in Holland, and whereas said Skipper Willem Tomassen
1656] Court Minutes of New Amsterdam. 121
being dead, and he now has received neither a/c. nor money, nor goods,
requests permission to reclaim the house, means and effects. Petitioner
was ordered to exhibit his proofs, and to summon thereupon the attorney
of skipper Willem dec*?
Charles Arter appearing in Court says, he also gave skipper Willem
Tomassen 24 beavers to buy some goods in Holland, as appears by
handwriting, and whereas now in consequence of death he has received
neither goods nor beavers, requests authority to come on his guarantee.
The W Court decides, that petit- shall cause Jan Reyyersen and Johan
Verbrugge to be summoned as attornies on behalf of the widow of skipper
Willem, and bring forward his claim.
M' Isaack Allerton appears at the Secretary's office and declares him-
self bail for Richard Hanefoort in the case of about fl. 50. which Rendell
Huwit claims. Done the 17'!" June 1656.
Monday, 26 June 1656. In the City Hall. Present the W: Heeren,
Allard Anthony, Oloff Stevensen, Johannes Verbrugge, Jan Vinje, and
Hendrick Kip. Strycker and Beeckman at Fort Orange.
The Hon''!' Nicasius de Silla appears in Court exhibiting the follow-
ing Acta from the Director General and Council. Whereupon he took his
seat, as Sheriff, next to the President, between both Burgomasters.
Copy.
The office of Sheriff of this City has become vacant by the dismissal
of the fiscal Cornells van Tienhoven, by order and instructions of the
Lords Directors, which office was provisionally filled by him. It being,
notwithstanding, necessary that the same be supplied for the promotion
of justice, the Director General and Council have considered it best, in
order to make the least disturbance, to allow the aforesaid office of Sheriff
to be filled until further order, as it has been hitherto filled and attended
to, by the Fiscaal Nicasius de Silla. Therefore Burgomasters and
Schepens are hereby requested and also charged to receive the said
Nicasie de Sille on their bench; to allow him seat and vote as the afore-
said Cornells van Tienhoven has enjoyed in said quality; and all that,
until it shall be otherwise amplified or ordered therein by the Hon""!' Lords
Directors or by the Director General and Council as their Agents. Thus
done in the Assembly of the Hon''!^ Director Gen'l and Council held in
122 Court Minutes of New Amsterdam. [1656
Fort Amsterdam, in New Netherland, the 26 June Anno 1656. Was
signed, P. Stuyvesant.
Under Stood;
By order of the Honb'* Lord Direct^ Gen'l and Council,
Signed, C. V. Ruyven, Sec^
Walewyn van der Veen, pltf. v/s Allard Anthony, deft. Pltf.
requests, that deft, be condemned as appointed administrator of the
effects of Benjamin Van de Water ded his, pltf's predecessor, to render
unto him due a/c, proof and reliqua of his administration. The deft.
Allard Anthony excepting, maintains, whereas he is requested by letters
written by pltf. himself and one Glimmert co-Partner in the capital, dated
23 and 29 Nov. 1654, to send the returns of the aforesaid capital to the
above named Glimmert and thereupon he promised the same by his clerk;
that he is not accountable to pltf., but to the aforesaid Glimmert; request-
ing copy of pltf's demand. Parties being heard the Court orders pltf. to
furnish deft, with a copy of his procuration, to enter his demand in
writing, and grant deft, copy thereof, thereon to answer in writing by the
next Court day.
Jan Vinje, pltf. v/s Frans Clasen, deft. Pltf. says he found, last
Saturday, deft's son with 3 @ 4 other school boys among his peas and
corn,* and whereas they did much damage there by their footprints etc.
and having spoken to the deft, thereupon who is obstinate and gave
much abusive talk, requests reparation of the loss on valuation of arbitra-
tors. Deft, says, he is ignorant that his son and school mates had been
in pltf's corn, or had done any damage there, saying that pltf. beat his
son with a stick black and blue, maintains he is not liable for any loss, as
it does not appear, that his son and the boys did any damage. Pltf.
proves by the declaration of two persons, that he found deft's son and
boys among the peas and hunted them away. Therefore the Court com-
missions Fredrick Lubbertsen and Egbert Woutersen to inspect the
damage, within twice 24 hours, and after valuation to deliver their advice
to the Burgomasters and Schepens.
David Frere, pltf. v/s Claes Jansen Ruyter's Wife and Harmen
Douwesen, defts. Deft. Claes d' Ruyter's wife only present. Pltf.
demands payment of fi. 400 in peltries according to obligation. Deft.
* This " pea patch " was lying between Wall Str. and Maiden Lane.
1656] Court Minutes of New Amsterdam. 123
acknowledges the debt, says she offered pltf. payment, but that he will not
accept any other payment but elks'-hides of 20 @ 24 lb. each and such
like, which cannot be had, and says, she gave him the deed of her lot, her
furniture &c in pledge, offers with the arrival of her husband's yacht,
which will now come in 5 @ 6 days, to pay him in Zeewan at 10 gl. for
one beaver; claims damages for glasses and a tree broken by the pltf.
Parties being heard, deft, is condemned to pay pltf. according to obliga-
tion within 3 weeks from date, saving her action which she may institute.
Jan Gerritsen Brouwer, pltf. v/s Pieter van Linde, deft. Because
the deft., as Inspector, first marked a certain hogshead of tobacco good,
and afterwards again marked it bad. Requests, that deft, be condemned
to make the same good. Deft, says he inspected a certain hogshead of
tobacco at the request of an Englishman on the 29'.^ April, and again in-
spected tobacco, at the request of pltf., on I5'^ of June last, and then
found one not good; but does not know, whether it be the same tobacco;
and that it was subject to many accidents; declaring that he inspected the
same according to his instruction and sworn oath; maintains that he is
not liable to any reparation. Parties being heard, the Court declares,
that inasmuch as the Inspector is appointed by the Director General and
Council, the matter concerns the Director General and Council either to
correct the Inspector or absolve him. Therefore were parties referred
to the same.
Willem Pietersen de Groot, pltf. v/s Dirck Claesen, the Pot baker,
deft. Pltf. says, that he bought from deft, his a/c, of what he earned
from the Hon^l* Company and accepted the same in payment for the lot
lying by the Fresh Water,* sold to him, requesting delivery of said a/c.
Deft, acknowledges to have sold his last a/c to the pltf. Willem Pietersen,
but says he was in treaty with another, who is now gone to the South,
about the said a/c, but has not finally agreed nor sold it, and therefore
he has not the a/c now on hand, but is ready to deliver it to whomsoever
the Court considers to be best entitled to it. Parties being heard, the
Court decided since the deft, sold the final a/c to pltf. Willem Pietersen,
* De Groot to Claesen. The lot by the Freshwater here mentioned ran along the
East river obliquely from the present junction of Roosevelt and Cherry Streets to Ferry
Street. Hofftnan, Estates and Rights, 2, 230, 231 ; Valentine, Manual, 1861, 577, 595.
— B. F.
124 Court Minutes of New Amsterdam. [1656
that he is bound to deliver it to him, to be by him forwarded and
received.
Dirck van Schelluyne, pltf. v/s David Frere, deft. Deft, in default.
Pltf. in his quality as Bailiff, complains that deft, had again taken away,
contrary to entered protest, a certain chest belonging to A. Keyser,
which he had in charge and had delivered in consignments at his house;
as more fully appears by the writing. The Hon"* Sheriff N. de Sille re-
quests copy of complaint, to enter his action thereupon. The Court
granted the Hon'''.'' Sheriff the copy and ordered the aforesaid Frere to
restore the chest with the clothing, on the first demand, to the Bailiff's
house, or in default that the same shall forthwith be removed from his
house by the Sheriff's Officers.
Jacob Schellinger, pltf. v/s The attorney of Cornelis Schut, deft.
Pltf. demands payment of fl. 78. according to a/c. Deft. Jacob Calf ap-
pears in Court; requests Copy of the demand and a/c to answer thereunto
at the next Court day, as he does not know on whose a/c it is, demand-
ing, on the contrary, payment of fl. 114. Pltf. Schellinger requests, that
arbitrators be appointed to examine the a/cs on both sides, and settle the
same, with which deft, is content. Therefore the Court has appointed
thereunto Pieter Corn^ van der Veen, and Rynier Rycken.
Jacob Calf as att'y for Cornelis Schut, pltf. v/s Borger Jorissen and
Nicolaes Boot, defts. Pltf. demands payment of fl. 16. for two hats as
per extract of a/c from the book of Joh: van Beeck dec*?. Deft. Nicolaes
Boot appears in Court; says that the hats were drawn and received by
Daniel Wythet, but in case Dan! Wythet should not pay he promised to
pay for them; requests only delay until Dan! Wythet's arrival. Parties
being heard, deft, was allowed time until Daniel Wythet shall have arrived,
and in case he fail to satisfy, then he shall pay pltf. himself according to
his promise.
Jacob Teunissen, pltf. v/s Anthony Jansen van Zalee, deft. Deft's
2*? default. Pltf. demands payment of fl. 40. for 10 weeks labor for deft.
@ fl. 4. per week. And whereas the Court Messenger declares he has
summoned deft., who has now twice defaulted, he is condemned for his
contempt, to deposit the demanded money, within 8 days from date with
the Secretary here.
Pieter Jansen, pltf. v/s Rynier Wisselpenningh, deft. Deft's 2'' de-
1656] Court Minutes of New Amsterdam. 125
fault. Pltf. demands payment of fl. 45. for board and 29 stivers for money
disbursed, making together fl .46. 9. And whereas deft, is twice in default,
the Court condemns him, in consequence of his contempt, to deposit the
demanded money within 8 days from date in the Secretary's office.
Andries Lourenssen, Serjeant, pltf. v/s Tomas Hall and Cornelis
Aertsen, defts. Pltf. demands payment of a balance of fl. 24. for wages
earned and agreed upon by defts. Deft. Tomas Hall acknowledges the
debt; says that it was incurred for the Common Fence; requests as those,
who have cattle fail to pay their quota, that they be constrained thereto.
Parties being heard defts are condemned to pay pltf. his aforesaid debt
within 3 days from date, saving their recourse against those, who fail
to pay their quota; the Court Messenger was authorized to notify them
of it.
Willem Teller, pltf. v/s Frans Classen, deft. Pltf. demands payment
of a balance of fl. 429. and some stivers for 3 year's rent. Deft, acknow-
ledges the debt; says he cannot pay at present; promises to do every
thing in his power to pay; exhibiting certain acte, that he is to receive
Money in Holland, and likewise says, that the Hon''!^ Company owes him
and he cannot get anything. Therefore requests delay. Parties being
heard, the deft. Frans yansseji * is condemned to pay pltf. for which pur-
pose 6 weeks time is granted him from this date.
Mr Isaack Allerton answers, according to request and order of last
Court day, to the demand of Pieter Schabanck as attorney for Joost van
Beeck. Pieter Schabanck appearing in Court requests copy of the answer,
to use the same on the next Court day. Whereupon is endorsed — At the
request of Pieter Schabanck, the Court orders, that he shall be granted
Copy hereof to reply thereunto at the next Court day.
Allard Anthony answers in writing the demand of Jacob Barsimsom,
whereof Barsimsom demands copy. Endorsement: At the request of
Jacob Barsimsom, it is ordered by the Court, that copy hereof shall be
granted him to reply thereunto at the next Court.
Lourens Cornelis" Van Wei appeared in Court with Nicolaes Boot
relative to a certain note of Scharborgh, for which N. Boot has some
goods in pledge. And whereas the Comparant has not the obligation
with him, it was postponed until next Court day,
* Thus in the original.
126 Court Minutes of New Amsterdam. [1656
Isaack de Foreest appears in Court complaining, that he cannot yet
receive his pay from Dirck van Schelluyne according to judgment and
order of execution. Requests therefore, that execution shall be levied on
the judgment without delay. The request being considered just, the
Hon"." Sheriff, N. de Sille, was authorized to execute said judgment.
Jan Danielsen appears in Court exhibiting, pursuant to order of last
Court day, a letter from the Clergyman of the Swedes to skipper Lourens,
in which Lourens is ordered to restore him, Jan Danielsen, the beavers,
which he received from the aforenamed preacher. Skipper Lourens being
heard thereon in Court, and the letter being read to him, says that he is
ready to deliver to the aforesaid Jan Danielsen the balance of the money
within 2 @ 3 days after a/c being rendered, of what he bought and dis-
bursed for the received beavers, provided he deliver him the order and
grant him full discharge: to which parties agreed.
Charles Morgan appears in Court exhibiting by declaration, that he
had given skipper Willem Tomassen his account in the service of the
Hon''!' Company to be collected in Holland, and whereas he has received
neither a/c nor Money, and the aforesaid skipper Willem Tomassen has
died, requests a guarantee on the effects here belonging to the aforesaid
skipper Willem. And whereas Schepen Joh: Verbrugge says, he will give
notice, that every one shall bring in his claims, the Comparant was ordered
to deliver his claim to him.
Also appeared Charles Arter exhibiting by skipper Willem Tomassen's
signature, that he had also given him 25 beavers, to bring goods from
Holland therefor; requests equally restitution or payment; he is referred,
as the preceding, to Joh: Verbrugge the attorney of dec"? skipper Willem^
to seek his guarantee there.
Jacob Calf appeared in Court exhibiting the return of the Court
Messenger to the judgment obtained last Court day against Judith Ver-
leth, requesting that she, Judith Verleth, be ordered to enter sufficient
bail for her demand, or to be imprisoned; and the Court having examined
the writing delivered by Judith Verleth, have dismissed the arrest on the
person of Judith Verleth, provided Caspar Verleth, her husband, will ap-
pear within two months from date to acknowledge or deny pltf's demand,
and in default of appearance as aforesaid, pltf. shall have a guarantee on
the goods of aforesaid Verleth.
1656] Court Minutes of New Amsterdam. 127
Monday, 3. July 1656. In the City Hall. Present the W. Heeren
Nicasius de Silla, Allard Anthony, Oloff Stevensen, Joh Pt- Verbrugge,
Jacob Strycker, Jan Vinje, Willem Beekman, and Hendrik Kip.
Pieter Jansen, pltf. v/s Rynier Wisselpenningh, deft. Deft's 3*? de-
fault. Whereas deft, has remained in default 3 different times according
to the Record, and the declaration of the Court Messenger, he is abso-
lutely condemned, in consequence of his contempt, to pay the pltf., within
8 days his entered demand with costs.
Willem Beeckman, Tomas Hall and Wolf' Webber, pltfs. v/s Leen-
dert Aerden and Cornells Jacobs Stille, defts. Pltfs. Willem Beekman
and W. Webber, present. Whereas they warned defts. divers times rela-
tive to their cattle straying into their tilled land and causing daily great
damage, and the fence has been opened by Corn! Jacobs Stille, who daily
passes through it, notwithstanding it is a party-fence, they request that
defts be condemned to repair the damage done; to fasten the opened
fence and henceforth to keep their cattle out of there. Defts say, that
their cattle run and are herded, every year, in the common land. There-
fore maintain that they have a right thereto. Pltfs exhibit, by Acte, that the
defts. and other householders thereabout have signed, that no cattle shall
pasture within the enclosed fencing, and should any loss be suffered, that
the same should be repaired by whomsoever shall have caused the same.
Parties being heard, defts. are ordered to keep their cattle out of pltfs
land and fence, and not to drive them into or through the same any more;
and it is further decided and ordered, that Cornells Aertsen and Dirck
Clasen shall inspect and value the damage incurred, as arbitrators, and
that Corn^ Jacobs" Stille shall again make fast the fence opened by him.
Willem Beekman further requests, whereas Leendert Aerden says, he
has a free wagon road * and passage right across his farm, that he shall
prove the same or refrain therefrom, whereas the same tends to his great
damage and loss, and his deed, which he exhibits in Court, does not make
any mention thereof. Leendert Aerden maintains, that he has a right
thereto, inasmuch as there was a public highway in use there, long before
* The patent to Aarden bounds his West line by a wagon road, which seems to be
the present Orchard Str. ; there was another road on the East, " running along the land
of Leendert the Boor (farmer)," i. e. Aarden, on the North side of Corlaers Hook planta-
tion, then belonging to Beekman. Hoffman, Estates, 240, 242. — B. F.
128 Court Minutes of New Amsterdam. [1656
his time. Parties being heard thereupon, Leendert Aerden was ordered
to prove, by the next Court day, what right and property he may have to
the road, when further disposition shall be made therein.
Webber claims also against Stille for having repeatedly loosened and
broken open the fence behind his orchard; requests that Stille be ordered
henceforth to let it be. Deft. Stille, denies having opened the fence.
Ordered that Stille shall leave the fence tight and uninjured.
Pieter van Couwenhoven, pltf. v/s Michel Paulizen, deft. Pltf.
exhibiting a judgment against deft., dated 13. March last, for the sum of
420. fl. ; requests, that he be constrained to pay, inasmuch as up to this
time, he has been in default. Deft, excepts, that Jacob van Couwen-
hoven, pltf's brother, remains bound to pay it. The Court authorized
the Bailiff to put the said judgment into execution.
Johannes Nevius, pltf. v/s Wolfert Gerritsen, deft. Deft, in default.
Johannes Withart, pltf. v/s Ryndert de Vries. In case of arrest.
Pltf. sues on a note for fl. 712. signed jointly and severally by deft, and
Corn^ Mouritsen dated 25* Nov. 1655, for cargoes received, payment for
which were to be made in the month of March last in beavers or peltries.
Whereas he has received from Cornelis Mouritsen 15 @ 16 beavers for
his half, demands that deft, be condemned alone to pay the half of the
aforesaid fl. 712. Deft, acknowledges the Note; says he has not refused
payment; requests merely delay; says he is in default, because there has
been no trade in the South, whence he is come. Parties being heard, the
arrest was declared valid until deft, shall pay, or sufficient bail shall be
entered therefor, whereunto two months time from date hereof was granted
him, provided the cargoes were carried to the South, and payment is ex-
pected from there.
Jacob Kip, pltf. v/s Anthony Lodewycksen Baeck, deft. In case of
arrest on certain monies in Reyndert Room's hands on a/c of fl. 18. for
disbursements. Deft, in default. The Court grants only default, and
as deft, is a Burgher here, the arrest is declared invalid.
M^ Thomas Willet, pltf. v/s Pieter Jacobsen Buys, deft. Pltf.
having understood, that deft, has arrested some tobacco consigned to
him, demands that he shall give reasons for the arrest. Deft, says, that
he only knows, the tobacco came from Scharborgh and therefore he
arrested it as attorney for Cornelis Schut. Pltf. declares and proves by
1656] Court Minutes of New Amsterdam. 129
bill of lading, that the tobacco was consigned to him by Beetman. The
arrest was, therefore, declared invalid on the tobacco sent by Beetman to
the pltf. Willet.
M' Tomas Willet appears in Court exhibiting a certain note and
order from George Baxter, that he transfers to Willet the right of prop-
erty to the lawful half of the house, south of Fort Amsterdam, owned by
said Baxter,* requesting the Court would be pleased to approve the said
transfer. The Hon''!^ N. de Silla, in quality of Fiscaal, requests that the
Court will be pleased to make no disposition therein, before it be
approved by the Hon""!' Director and Council. Wherefore petitioner was
referred to the Director-General and Council.
Hendrick Hendricx, Tailor, v/s Andries Hoppen, deft. Pltf.
demands payment of fl. 12. for work done now 4 years since, according
to a/c delivered to him. Deft's wife appearing in Court; says, she does
not owe pltf., since her husband gave pltf. stone for steps, and pltf.
spoiled the work and lost a waistcoat. Parties being heard, deft, was
ordered to make out by the next Court day, what she demands for the
stone, the waistcoat etc.
Hans Steyn, pltf. v/s Antony Lodewycksen Baeck, deft. Deft, in de-
fault. Pltf. appears in Court prosecuting the arrest of the monies, which
deft, has in the hands of Reyndert Hoorn, for 4 @ 500 gl. for board etc.,
requesting that the arrest be declared valid. The Court again decides,
inasmuch as deft, is a Burgher here, that his money or effects are not sub-
ject to arrest. The arrest was, therefore, declared invalid. But pltf,
consented to institute his action and to summon deft, again,
Johannes van Geselaer, pltf. v/s Jacob Schellinger, deft. Pltf, in
quality of attorney of Sieur Pieter Goes, according to procuration dated
7 March 1655. passed before the Hon'''.* Burgomasters of the City of Am-
sterdam, demands that deft, shall render due a/c, proof and reliqua to
him, in his aforesaid capacity, of certain Cargoes sent to him on commis-
sion from Holland here by aforesaid P. Goes in the year 1652, as appears
by specification. Deft, acknowledges to have obtained the cargoes, ac-
* George Baxter, having been found guilty of high treason by adhering to the
English in 1654, was arrested and imprisoned in 1655, but breaking out his property was
seized, among the rest, the lot, spoken of above, in Pearl Str., between Whitehall and
State. B. F.
I30 Court Minutes of New Amsterdam. [1656
cording to specifications from Sieur Pieter Goes; and whereas the same
were not saleable wares, he says he sent them to divers places, but not
happening to sell them, he, at last, took them to his house on Staten
Island, where they, with his other property, were burned and destroyed
in the last trouble with the Indians, and he was taken prisoner by the
savages, so that nothing of it was recovered. Says some of it only was.
sold to Dominie Schat's wife at Fort Orange. But inasmuch as the re-
mainder of the goods were burned, together with the books accounts and
papers as already stated, he cannot tell ; but promises to write about them
to Fort Orange; offers to declare under oath, that none of the goods were
saved from the fire and otherwise sold as aforesaid. Parties being heard,
the W: Court orders deft. Jacob Schellinger to prove, what was sold of
the goods, and what goods were burned and destroyed in the last disaster,,
or where they are, when further disposition shall be made therein.
Nicasius de Silla, in his quality as Sheriff of this City, pltf. v/s David
Frere, deft. Pltf. enters his demand in writing as followeth: —
To the Hon*".'^ President and very discreet Gentlemen.
Gentlemen,
It is known to your Worships, that David Frere, a Jew, brought, by-
order, a certain chest with clothes to the house of Dirck van Schelluyne,
Bailiff of this City, on condition, that the Jew aforesaid should receive
satisfaction therefor that evening or, at furthest, the next day. But
whereas the abovenamed Jew was not willing to be contented with that,
but would have immediate payment, or take the things back; paying
no attention to all the Bailiff's admonitions, warnings and protests, he
has, notwithstanding all above mentioned, come with a cart before the
Bailiff's dwelling and removed the chest therefrom, making use, more-
over, of many words in his tongue in presence of the Bailiff. Which
tends to the great disrespect and prejudice of your Honors, although it
did not occur to your Honors but to one dependant on you, who, never-
theless must be maintained in the performance of his duty; Also such
proceedings, such unbecoming opposition and disturbance to the duties
of the Bailiff and Messenger, cannot be permitted but must be punished.
The Schout having ex officio taken cognizance thereof, in support of
justice, he concludes, that the assigned beaver skins (which the Jew afore-
said claims as his pay) shall remain confiscated for the Schout; that the
1656] Court Minutes of New Amsterdam. 131
said Jew shall be publicly whipped at a stake and banished forth from this
Province of New Netherland, and that he, provisionally shall go into close
confinement — demanding costs etc — Was subscribed
Nicasius de Sille.
Deft. David Frere, appears with an interpreter, Joseph de Koster, in
Court, requesting copy of the demand to answer thereunto in writing by
the next Court day.
Opinions on the Sheriff's demand: —
Allard Anthony decides that deft, be put in prison.
Oloff decides that he be not imprisoned, but merely, that copy of the
demand be granted.
Joh: Pt' Verbrugge votes Imprisonment
Strycker ditto Imprisonment
Vinje ditto Imprisonment.
The others concur.
Sentence.
By the Court it is, by plurality of votes, ordered and adjudged, that
deft. David Frere be imprisoned in the City Hall of this City and be
granted copy of the demand, to answer thereunto in writing on the next
Court day.
Nicasius de Sille in quality as Sheriff of this City, pltf. v/s Dirck
Clasen Braeck, deft. For that the deft., on last Sunday afternoon
during the Sermon, tapped for and gave drink to 3 @ 4 different persons
against the Placard and Ordinance. Deft, denies the same; says he only
treated Nicolaes Verleth, Corn? Aertsen and Ide van Vorst and their
wives to a drink of beer, through friendship and good neighbourhood,
without taking a penny therefor, as they did him many favours heretofore
when after his cattle. Parties being heard deft, is excused with a warning,
this being his first offence, and pltf's demand herein dismissed.
Nicasius de Silla in his quality as Sheriff of this City, pltf. v/s Cor-
nelis Aersen, Ide van Vorst and their servants, defts. For that their
servantmen raced on last Sunday evening after the Sermon, within the
City, with horses and wagons, and much noise and singing, from which
great damage and disaster might have arisen. Concludes, therefore, that
defts, or their servants be condemned each in the fine of jQai- Flemish.
Defts acknowledge, that their servants raced last Sunday within this City;
they except alone, that they have no knowledge, that any damage was
132 Court Minutes of New Amsterdam. [1656
caused thereby or that the same was forbidden by ordinance and that
scarcely any damage has been done. The Court considering the acci-
dents, that might have occurred therefrom, and the serious consequences
of the same unless provision be made against it, condemn the defts.,
Cornelis Aersen and Ide van Vorst, as masters of their servants, for their
committed fault, each in the fine and penalty of Three guilders; and
order, further, that they shall hereafter watch themselves and their people,
so that all dangers and irregularities be prevented; else other disposition
shall be made therein.
Walewyn van der Veen, pltf. v/s Allard Anthony, deft. Pltf. ap-
pearing says, that pursuant to order of the last Court day he furnished
deft, with a copy of his demand, also of the procuration; he persists
therein and demands despatch. Deft. Allard Anthony excepts, that he
received the demand only on last Saturday Evening for the first time,
which the Court Messenger confirms, and has not as yet answered
thereto, but promises to deliver his answer, within twice 24 hours, to the
Secretary to allow pltf. a copy and reply thereunto at the next Court day
— which was consented to.
Rynier Wisselpenningh appeared in Court after the roll was gone
through, on the summons of Pieter Jansen, acknowledges to owe, what
pltf. claimed, and is willing to pay. Merely requests time. The Court
persists in its preceding judgment.
Fredrick Lubbertsen appears in Court exhibiting certain agreement,
— that he sold Jacob van Couwenhoven a horse on trial to be paid for on
the — of this month, or that he should take back the horse, requesting,
whereas he, Jacob van Couwenhoven, remains in default, that he be
authorized to take back the horse according to the Acte. The Court de-
cides, that Jacob van Couwenhoven shall first be heard thereon; and
whereas it is found,"' that he, Couwenhoven, is not present here or not
well disposed, it was ordered, that the Court Messenger shall notify him
to pay according to his signature, or to restore the horse immediately; in
default whereof he is to be notified, that the horse is at his risk, and to
summon him, in the name of the Comparant, for the next Court day.
Jacob Barsimsom, pltf. v/s Allard Anthony, deft. Rendering reply;
whereupon it was ordered by the Court, that copy hereof shall be given
to party, to answer thereunto against next Court day.
1656] Court Minutes of New Amsterdam. 133
Skipper Lourens Cornells" Vander Wei appears in Court exhibiting
procuration from skipper Jan Janz. Bestevaer to collect from M' Schar-
borgh six thousand pounds of tobacco which must be paid before the
departure of the Ship New Amsterdam, and whereas he has failed therein,
and Nicolaes Boot is bound by certain acte to deliver the goods, he has
in pledge therefor, being 294 ells of Kersey and some staves of lead, in
default of payment ; he requests that he be authorized by the Court to
take the goods and to sell the same in return according to obligation.
Nicolaes Boot says he is ready to deliver the goods according to signature;
requests only, that skipper Lourens give sufficient security to restore the
proceeds of said goods, in case the tobacco be sent to Holland from Vir-
ginia. The Court having seen Scharborg's note and Nicolaes Boot's
bond decide that, whilst there are articles of contraband, such as lead,
mixed with the goods, which Nicolaes Boots has in pledge, they cannot
dispose of them. Therefore it was referred to the Director General and
Council for further disposal.
Andries Lourensen, Serjeant, appears in Court complaining that he
cannot receive his pay according to the judgment of the Hon'''.'' Court
against Tomas Hall; requesting the Court to be pleased to make such
order therein as they shall find proper. Whereupon was endorsed : — The
Bailiff is authorized to levy execution.
Jacob Teunissen, pltf. v/s Anthony Jansen van Zalee, deft. The
pltf. persists in his previous demand; requests that deft, be condemned
to pay him fl. 40. for 10 weeks work. Deft., having paid two defaults,
says he did not hire pltf. either by the day, week or month, but by the
year, and if pltf. had put in his year, he should have paid him, but now
that he has absconded from his service, maintains he owes him no hire.
Pltf. says, he did not hire with deft, by the year, but that he served
Lourens Jansen, who loaned him to Antony to work. Parties being
heard, pltf. is ordered to summon Lourens Jansen or his wife before the
Court, to declare and prove how long pltf. Jacob Teunissen worked for
Antony Jansen.
Nicasius de Silla, pltf. v/s Reyntie the Mason, deft. For that the
deft, was sent to prison by the Court Martial on account of etc., deft, ap-
pearing in Court apologizes with promise, that he should appear at all
times before the Court Martial when sent for. Whereas the deft. Reynier
134 Court Minutes of New Amsterdam. [1656
is a Burgher, he is released from confinement on his own word, on condi-
tion that he shall appear before the Court Martial to answer to any action,
that may be against him.
Jan Vinje exhibits the decision of the arbitrators touching the damage
done to his corn by Frans Jansen's boys, and requests approval. The
Court decides, that the abovenamed Frans Jansen shall be summoned
thereon.
Copy.
Honourable, Right beloved —
This serves to convey the annexed ordinance and Resolution of the
Director General and Council of New Netherland, both concerning the
Indians as well as the Tenths, sent to your Honors pursuant to order and
instructions to be published and posted within Your Honors jurisdiction,
so that no person may hereafter plead ignorance. Wherewith ending, we
commend you to God's Mercy. Amsterdam in New Netherland the 3.
July Anno 1656. Under Stood, By order of the Hon*"'.^ Lord Director
Gen'l and Council of New Netherland.
Signed, C. V. Ruyven, Secretary.
The Director General and Council of New Netherland, make known
to every one, that they have learned from some Indians that two or three
Tappaen Indians are plotting some evil, and have given out that they
should kill one or more Christians in the open country; and whereas the
Director General and Council cannot learn against what place or whom
the project is intended, much less, that it is a common undertaking of all
the nation, the rather as the warning comes from the Tappaen tribe and
other Indians, the Director General and Council cannot otherwise order
nor apply a remedy against it, than to renew hereby their previous orders
and placards — ^to wit that the separate outside residents remove them-
selves into the next adjoining villages and hamlets and dwell together,
under the penalty herebefore enacted ; and in the meantime warning every
one to be well on their guard and not to go into the bush nor on the road
except armed and at least 2, 3, or 4 together, to resist such bush rangers:
Further to prevent such dangers as isolated murders and slaughters, the
Director General and Council, by and with the advice of the Burgo-
masters of this City, cannot discover a better expedient, than as before
stated, and to interdict and forbid, in addition, that any Indians be ad-
1656] Court Minutes of New Amsterdam. 135
mitted with guns or other hand arms, either in this City or in the open
country, into the towns or hamlets, or into any houses or other places,
on pain of forfeiting such arms, which may or shall be seized, on com-
plaint of the inhabitants, by the Sheriff's Marshalls, or in their absence,
by any of the Magistrates; to wit, 14 days after the publication and post-
ing hereof, or after the Indians shall have had warning or knowledge of
this prohibition, which the Director General and Council hereby order
shall be communicated to the Indians by such of their subjects, as are
acquainted with their language; and that in the most civil and becoming
manner, being intended and drafted by the Director General and Council
with the advice of the aforesaid Burgomasters solely to prevent all mischief
between Christians and Indians. Thus done in the Court of the Hon'''.^
Director General and Council held in Fort Amsterdam, New Netherland,
the i" July 1656. Was signed, P: Stuyvesant. Under Stood — By order
of the Honble Director General and Council of N. Netherland and
Signed, C. V. Ruyven, Sec^.
After previous ringing of the Bell, the foregoing Ordonnance is pub-
lished and posted at the City Hall of this City, this 3"? July 1656.
Copy.
* The Director General and Council of New Netherland hereby make
known : — That they have been divers times ordered and instructed by the
Lords Patroons to Collect the Tenths, due, some of them for many years,
by Colonies, as well as private Bouweries, according to their obtained
Patents and Groundbriefs. Therefore the Director General and Council
hereby warn every one; namely, such as are liable, by Ground and
Transfer deeds, to pay Tenths, not to presume to remove his cultivated
crops, whether grain, maize or tobacco before they have settled with the
Director General and Council civilly for the first and next year thereof;
or exhibited their crops to the Director General and Council, or their
Deputies to select the Tenths therefrom according to the custom and
order of our Fatherland; under a penalty of fl. 50 guilders above the true
value of the Tenths at the valuation of arbitrators to be paid by whom so
ever shall be found acting contrary hereunto. Thus done at the Assembly
of the Hon*"'.^ Director General and Council of New Netherland held in
Fort Amsterdam the 27* June 1656. Was signed P. Stuyvesant.
* See Note in Laws and Ordinances of New Netherland, p. 232.
136 Court Minutes of New Amsterdam. [1656
Understood. By order of the Honble Direct- General and Council
of New Netherland, and Signed C. V. Ruyven, Secrety.
The publication of the aforesaid Ordinance was for reason postponed
by the Burgomasters and Schepens, and it was decided to communicate
to the Hon^'^ Director General and Council the petition of the House-
holders presented this day on this subject.
Extraordinary Meeting held at the request of David d'Frere, a
prisoner; In the City Hall this 4 July 1656. Present N. de Silla, Allard
Anthony, Oloff Stevensen, Jacob Strycker, Jan Vinje, and Hendrick Kip.
Whereas David d'Frere has petitioned to be released from confinement
under sufficient bail before the decision on the demand of the Hon^'.^ Sheriff,
and to deliver in his defence on the next Court day, Resolved that the
Hon''!^ Schout and said Frere be heard thereupon in Court. Schout N.
d'Silla concludes, that David Frere shall remain in prison, until the case
shall be definitely disposed of, maintaining that it is not bailable, since the
action is a criminal one, and in case the Court should decide it to be so,
declares he protests against the same. Joseph d' Coster, interpreter for
the prisoner David Frere, appears in Court, persisting by the entered
petition, that D. Frere might be released from confinement under suffi-
cient bail; whereupon it being asked, if Frere was ready to answer to the
demand ? he answered, No; since he could not do so without an attorney
or writing, requesting time thereto until next Monday. The demand and
answer being deliberated on, the advice and conclusion of each of the
Lords Burgomasters and Schepens follows: —
Allart Anthony, decides that David Frere shall remain in confine-
ment, according to the demand, until the case be definitely disposed of.
Oloff Stevensen votes, that D. Frere be released from confinement
under sufficient bail for a certain sum or by sentence.
Jacob Strycker votes, that D. Frere shall remain in confinement until
the matter be disposed of.
Jan Vinje votes, the same, to remain in prison.
Hendrick Kip, votes the same: concurs with the majority.
The Court by plurality of votes, Orders and decides, that David
Frere shall remain in confinement until the case shall be definitely dis-
posed of; and the abovenamed Frere was notified on the part of the Court,
1656] Court Minutes of New Amsterdam. 137
through Joseph d' Coster as interpreter, to prepare his defence to the de-
mand and deliver the same to the Secretary, then to be further and finally-
disposed of in the case, in the quickest manner, even though it were to-
morrow.
Dirck Clasen Braeckt requests by petition permission to tap. Where-
upon was endorsed: — Petitioner's request is granted, as others.
Monday, lo. July 1656. In the City Hall. Present the W: Heeren
N. de Silla, Allard Anthony, Joh: Pt^ Verbrugge, Jacob Strycker, Jan
Vinje, Will"" Beeckman and Hendrick Kip.
Jan Vinje, pltf. v/s Frans Clasen, deft. Pltf. exhibits the decision
of the arbitrators, commissioned by the Court on the damage committed
by the deft's son and school mates among his peas; requesting that deft,
be condemned to pay the same according to valuation; and since his hens
and pigs still daily run among his corn, that he be ordered to keep the
same out, or that he (pltf.) be authorized to kill them. Deft, maintains,
that he is not bound to make good any of the damage, claimed by pltf.,
since the children have not taken or injured anything to the value of a
pea's pod, and his son has already been beaten therefor by pltf., so
that he came home black and blue and has been punished; saying that
many other children, when they came out of school, were in there.
Denies that his hens or pigs run in pltf's land or corn. Pltf. being heard
thereupon acknowledges to have struck deft's son at the time; He could
not catch any other but him. Both being heard, the Court decides, since
pltf. acknowledges to have beaten and punished deft's son, that he has
destroyed his right. Therefore his demand is dismissed in this instance,
and further orders, that deft, shall keep his hens and pigs out of the corn,
or otherwise disposition shall be made therein.
Johannes Nevius, pltf. v/s Wolphert Gerritsen, deft. Pltf. in default.
The Hon*'!^ Oloff present.
Jacob van Couwenhoven, pltf. v/s Pieter van Couwenhoven, deft.
Pltf. demands payment of fl. 1416. 7. for beer as was mutually settled
and signed by arbitrators on 4'^ Feb. 1656. Deft, acknowledges the set-
tlement; producing by opposite a/cs, that he has paid full fl. i486. 8. and
says he is bail to Govert Loockermans and Cornells Steenwyck for fl. 1200.
Pltf. produces, on the contrary, private a/c. Deft, says, if pltf. has
138 Court Minutes of New Amsterdam. [1656
private a/cs, to bring them in; states, he has never seen them. The
Court orders, that Secretary Kip shall grant the party copy of each others
a/c. as produced in Court; and parties were further referred to two arbi-
trators; namely Sieurs Warnaer Wessels and Pieter Buys, to settle their
a/cs before them.
Jacob van Couwenhoven, pltf. v/s Pieter Janssen, deft. Deft, in
default.
Jacob van Couwenhoven, pltf. v/s Luycas Eldertsen, deft. Pltf.
demands payment of i6^ beavers, for which he has judgment. Deft,
acknowledges the debt; but says fl. 80. must be deducted, which he has
paid. Pltf. is ordered by the Court to produce his obtained judgment,
which he says he has and does not know the date, by the next Court day,
to be then further disposed of.
Jacob van Couwenhoven, pltf. v/s Jan Gorem, deft. In case of
arrest. Pltf. says, that he absolutely bought certain malt from deft., who
agreed to receive in payment therefor some deer skins, linen and silver
plate; and whereas he has already purchased the deer skins, delivered
them to deft., looked up the linen and laid out the silver plate; he re-
quests, that deft, shall be condemned to deliver him the malt, offering
sufficient bail for whatever he may not now pay, as he has done heretofore.
Deft, says, that he agreed with pltf. for the purchase of the malt, that the
payment should be ^ in deer skins; ^ in linen and ^ in beavers or silver
plate. Denies he laid out the linen or plate, but that the deerskins,
already received, were delivered in payment for about 125 gl., which
pltf. owed him at the last time. And whereas he then waited full 6 days
for his pay, and even then did not receive it in full, requests to be paid
now before delivery; maintains he is not bound to be content with bail,
or to deliver the malt before he be paid. Pltf. denies having promised
any beavers in payment; requests, as before, delivery of the malt.
Willem Harck declares, at the request of John Gorem, that he was
invited by both parties to be arbitrator relative to the buying of the malt,
and whereas Jan Gorem complained, that he waited a long while the last
time, for his payment, they agreed that the payment should be ^ part deer
skins, I part linen, and I part beavers or silver. N: N. confirms the pre-
ceding declaration of Willem Harck. Whereas Jacob van Couwenhoven
maintains to have been greatly injured by the fault of the non delivery of
[1656 Court Minutes of New Amsterdam. 139
the malt, M' Tomas Willet now offers to deliver it, if Couwenhoven will
pay him according to agreement aforesaid and enter satisfactory bail
therefor. Parties and witnesses being heard, the Court decides, that the
pltf. is unfounded herein; the entered arrest is therefore declared in-
valid, and pltf's demand against deft, dismissed; and he was given as a
choice to receive the malt from Tomas Willet according to offer.
Jan Perie, pltf. v/s Hend'k Jans" Smith, deft. Pltf. demands, that
deft, be condemned to complete the work, which was begun in the house,
that he hired from deft., inasmuch as great damage has been caused
thereby and he is impeded in his business. Sybout Clasen as carpenter
of the begun work, appearing in Court in absence of the deft., says the
work could not be finished, according to declaration, in consequence of
the failure of the drawer of the stone. Maintains, that the drawer of the
stone should pay the damage; says his work is ready to be laid im-
mediately down on the floor. The Court ordered, that the lessor shall
cause the commenced work of the cellar and floor to be completed, so
that the lessee may not suffer any damage thereby; or that he shall pay
the damage saving his recourse against the drawer of the stone, or whom-
soever may remain in fault.
Eldert Herbertsen de Goyer, pltf. v/s Pieter van Couwenhoven, deft.
Pltf. demands payment for delivered plank, without precisely knowing how
many. Deft, acknowledges to owe by settlement of a/c fl. 631. 5. Ex-
cepting as to the payment as is known to the Court. Parties being heard,
the Court condemns the deft, to pay the pltf., within 3 weeks, Avhat
he owes him.
Hendrick Hendricks, Tailor, pltf. v/s Anderis Hoppen, deft. Pltf.
demands, as before, fl. 12. according to a/c. Deft's wife claims for the
stuff of the vest fl. 8. and for the stone for the stoop fl. 6. Whereas no
proof of the claim on either side is exhibited to the Court, the matter in
question was referred to Jan Schryver and Aert Willemsen.
Pieter Schabanck in quality as attorney of Teunis Kraey, pltf. against
Solomon d' la Scheer, deft. Pltf. in his quality aforesaid requests pay-
ment of the first instalment on the house sold and transferred by Teunis
Kraey to deft., being fl. 666. 13., which fell due last first of Jan^; and
has not yet been paid. Deft, says, that no transfer deed has been yet
given him, and also, that the instalment has been arrested; likewise, that
I40 Court Minutes of New Amsterdam. [1656
he should have fl. Si. from Teunis Kraey, which Schabanck has received
besides certain fl. 138. for which Schabanck gave handwriting and now
refuses to pay. The pltf. Schabanck replying says — the exceptions can-
not avail herein, since he is not bound, according to contract, to give any
deed before the last instalment is paid ; and that the arrest is taken off.
As for the fl. 138. it shall be good in the payment, but as regards the fl.
81. he says, that Teunis Kraey owed only S @ 9 gl. at his departure,
which he undertook to pay. Parties being heard and contract being ex-
amined, deft. Solomon La Scheer was condemned to pay the pltf., within
8 days from date, the first instalment of the house, deducting what
Schabanck has accepted by handwriting. Regarding the claim of fl. 81
against Teunis Kraey, it was decided, that it shall remain open, until the
arrival of Teunis Kraey or the next instalment when clearer proof must
be exhibited.
Isaack de Foreest, pltf. v/s Abram Rycken's Wife, deft. Deft, in
default. Pltf. appears in Court demanding payment of 18 beavers ac-
cording to handwriting, complaining that deft, has sinisterly filched his
mortgage from him. The Court only granted default.
The Hon*"'.^ Sheriff requests the Court to be pleased to pass sentence
and judgment on his entered demand and conclusion against David Frere.
Whereupon the prisoner D: Frere and Joseph d'Coster, his interpreter,
being sent for to Court, say they have not the answer to the demand ready
as yet, but request time. The Court orders, that he, Frere, shall answer
orally if not in writing so as to come to a conclusion. Whereupon de
Frere again asked time to enter a writing. The Hon*'!" Sheriff replying,
persists in his demand and conclusion entered and taken herein and
answers deft's exceptions; concludes finally, they cannot be received, and
therefore that his, the Sheriff's, demand shall be granted with costs; and
that his, the deft's exceptions and conclusions shall be and remain dis-
missed. The Court ordered the Prisoner D. Frere to deliver in his de-
fence to the Court within three times 24 hours, or in default thereof,
justice shall be done in the demand of the Hon^!* Sheriff.
Walewyn Vander Veen replying to the answer of Allard Anthony,
there is endorsed — The Court orders, that Copy hereof be granted to
party to answer thereunto by the next Court day.
Allard Anthony answering in the case of Jacob Barsimsom, which
1656] Court Minutes of New Amsterdam. 141
being considered, is endorsed — Whereas the suit is complete, parties are
ordered on both sides to hand over the material papers and documents by
the next Court day to dispose thereof, as shall be deemed most proper.
On the petition of Jan Vinje and Gerrit Jansen Roos setting forth,
that Hendrick P. Kint in 7 Water is occupying his house south of their,
the petitioners' Houses, in a dangerous state as regards fire, it is ordered
on the petitioners' request, The Street and Fire Inspectors are hereby
requested and directed to inspect the condition, in which Hend'' Ptr.
Kint in '/ Water s house is, and together are authorized to give such
orders therein, as they shall find necessary for the prevention of all
■danger and disaster.
On the petition of Willem Beekman against Leendert Aerden relative
to the road through his land, it is resolved, inasmuch as it is a general
matter, to refer the same to the Hon''!' Director General and Council.
The petitioner was therefore referred accordingly.
Whereas Dirck Clasen is frequently absent on business, the Court
hath, at the request of Will™ Beeckman, in his place appointed Ide van
Vorst, who is authorized with Cornelis Aertsen to value the damage.
Allard Anthony exhibiting judgment pronounced by the Court in
•date 8. Nov: 1655. against Corn^ Schut, requests execution, whereas the
attorney of said Schut refuses to pay. Whereupon is endorsed: — At pltf's
request the Bailiff is authorized to put the above judgment into execution.
Thursday, 13 July 1656. In the City Hall. Present the W. Heeren
N. de Silla, Allard Anthony, Oloff Stevensen Johannes Verbrugge, Jacob
Strycker, Jan Vinje, Will" Beeckman, and Hendrick Kip.
Schout N : de Silla requests, that the Court would be pleased to pro-
nounce judgment on his demand and conclusion entered against David
Frere. Whereupon David Frere being heard, answers in writing as ap-
pears more fully by the same. Whereunto the Schout answers
On the i^.' point — the Complaint of the Bailiff.
On the z".*^ " that it does not accord with the law of Amsterdam,
and falls within no exception.
On the 3^ " that he, Frere, was always accompanied by a Jew
who understood and spoke both Dutch and
Hebrew.
142
Court Minutes of New Amsterdam.
[1656
Concludes, therefore, finally it is not admissable because of surrep-^
tion or obreption, and asks approval with costs. David Frere requests an
interpreter thereupon. Joseph d'Coster being therefore sent for to Court
the aforesaid answer and conclusion of the Schout is read to him. He
persists in his written answer. The Schout requests, therefore, expedi-
tion. The succeeding votes and judgment, consequently followed: —
NOTES AS TO THE APPLICATION OF THE FINE.
Allard advises I for the Schout; and f for the City.
Oloff " I for the' Schout and | for the City.
Jan Verbrugge j for the Schout and | for the City.
Strycker ^ for the Schout; | for the Poor; | for the City.
Jan Vinje ^ for the Schout; and | for the City.
Willem Beekman ^ for the Schout, ^ for the Poor and f for the City
Hendrick Kip ^ for the Schout ^ for the Poor and | for the City.
President Allard, by the second vote concludes the application ^ for
the Schout and f for the City.
VOTES REGARDING THE AMOUNT OF THE FINE.
The Honble Allard
Oloff
Verbrugge
Strycker
Vinje
W. Beeckman
Kip
votes fl 1000.
600.
600.
" 800.
" 800.
600.
" 800.
FOLLOWS THE SENTENCE :
Whereas David Frere, residing within this City of Amsterdam in New
Netherland, did, on the 21'.' last, according to the complaint of Dirck van
Schelluyne, in his quality as Bailiff, and his own acknowledgement, dare
to remove, with many hasty words uttered in his language, from the
Bailiff's house, not only against expressed prohibition but contrary to the
Bailiff's entered protest, a certain chest with clothing which had been
brought there, by order, that 5 beavers due him by A: Keyser should be
1656] Court Minutes of New Amsterdam. 143
paid him, and notwithstanding his 5 beavers were offered him and
delivered in consignment; Therefore the Hon'''.' Nicasius d'Silla, in
quality as Schout of this said City prosecuting the said David Frere, at
law, before us Burgomasters and Schepens, concludes that for his com-
mitted fault and violence, which tend not only to the opposing the Bailiff's
office, but to the serious contempt and disregard of justice, which
cannot be tolerated or suffered in a land of law, the abovenamed Frere
shall be condemned in the loss of the assigned beaver skins, and that he
shall, in addition, be publicly scourged at a stake and banished from this
Province.
Burgomasters and Schepens of the City of Amsterdam in New
Netherland, having paid attention to the demand and conclusion of the
Schout as well as the written answer and acknowledgment of the prisoner
David Frere, and having maturely weighed every thing material, have,
after due deliberation condemned, as they hereby do, the said David Frere
for his aforesaid Committed Offence to pay a fine of One eight hundred
Carolus guilders to be applied ^th part to the benefit of the Schout and
fth parts for the benefit of this City, with costs of suit; and to remain
confined until the said monies shall be paid; and the sequestered beaver
skins shall again be restored to him d' Frere; dismissing pltf's further de-
mand herein. Thus done, adjudged and pronounced at the Court at the
City Hall, at Amsterdam in New Netherland this 13 July 1656.
David Frere promises to pay the money; requests to be released from
confinement, and that J: de Coster may be sent for, Joseph d'Coster
appearing in Court as interpreter. Apologises for having now no money
ready; offers to remain bail, to deliver goods as security.
Which being considered, the aforesaid sentence was persisted in, that
the monies shall be forthwith paid or that d' Frere shall be sent back to
prison. The Hon"' Nicasius d'Silla appeals from the sentence because
only ^th is applied to him and maintains that ^ belongs to him.
On the I5'^ July 1656, David Frere appealed from the pronounced
sentence, to the Hon'''.' Director General and Council of New Netherland,
as appears by the statement of the Court Messenger, and further con-
firmation of Joseph d'Coster as interpreter for David Frere, as far as
relates to the sum. The Schout Nicasius d'Silla declares, on this date
15. July to renounce or revoke his appeal.
144 Court Minutes of New Amsterdam. [1656
Tuesday, 25. July 1656. In the City Hall. Present the W. Lords
N. de Silla, Allard Anthony, Oloff Stevensen, Joh. Verbrugge, and Hen-
drick Kip.
Walewyn vander Veen appeared in Court requesting, that a day be
fixed to furnish the papers in the case against Allard Anthony. The
Court therefore fixed for that purpose, next Thursday forenoon at 9.
O'clock. Therefoie parties on both sides were ordered to furnish their
papers and documents to the Court by the said time.
Lourens Andf van Boskerk, turner here, appeared in Court complain-
ing, that Frerick Adryaensen, his man, ran away from him last Sunday
morning without either words or reason and he hired him in Amsterdam
for three years and he is bound yet for more than one year; requests
that he be constrained by order of the Court to serve out his time. The
petitioner was ordered by the Court to cause the abovenamed Frerick
Aryaensen to be summoned before the Court by next Thursday, then to
institute his action against him and exhibit his contract, when further dis-
position shall be made therein.
The Honble N. de Silla produces the papers and documents against
Jan Peeck, Burgher and inhabitant here, detained in the City Hall by the
Schout Silla by order of the D' Genl. and Council for having beaten and
wounded a soldier in his house. These pieces being examined, it is
resolved to hear the prisoner Jan Peeck thereupon.
Jan Peeck appears in Court complaining, that the Hon''!* Silla has
illegally imprisoned him, saying that he only defended his house, because
the soldier, using many words and many questions, wanted to run his wife
through; requesting to be released from confinement, and to have time
to produce witnesses for his defence. Schout Silla requests, that
Jan Peeck shall name his witnesses. Jan Peeck names as witnesses
Tomas Santfort and Adam Weskort; saying he can produce 5 @ 6 others
besides these, as his house was then full of people. Whereas Jan Peeck
is a Burger here and firmly established, it was decided and ordered,
that he be released from confinement, and to bring in his defence and
proofs in writing by next Friday, when further disposition shall be made
therein.
Schepen Vinje present.
Schout de Silla exhibits the papers and documents against Jan Perie,
1656] Court Minutes of New Amsterdam. 145
tavernkeeper, placed by him in confinement for having struck the
surgeon of the privateer in his house. Whereupon Jan Perie being heard
in Court and the accusations being read before him, he denies the same ;
says the surgeon first struck him in his house; requests, that his witnesses
be heard. Therefore appeared Tomas Lack of Middelborgh, 38 years of
age, who declares, that he was last Sunday eight days at Jan Perie's
house, when the surgeon and another came from the ship thither, and he
there saw Jan Perie and the surgeon speaking about a little sore on his
finger. The surgeon gave Jan Perie the first blow, and thereupon they
came to handigrips. Offers to declare the same on Oath. Claes van
Elslant tells, that James Farrel declared to him before his departure, that
he saw the privateer's surgeon give the abovenamed Jan Perie the first
blow in his house. The Court decides, that Jan Perie, as a Burgher and
inhabitant, shall be released from confinement, and cause the aforesaid
surgeon to be summoned for the next Thursday then to bring in his vin-
dication and defence.
It being considered whether the case of Michel Tadens, an inhabitant
of this City, arrested for having tapped wine to the Indians ought to be
brought before this Court or not, the Instruction is examined and on the
verbal declaration of the case by Schout Silla, the matter is referred to
the Hon^i'' Director General and Council.
On the instant complaint of Andries Lourens, Serjeant of the Hon"'
Company, that he cannot receive his money for earned wages from Tomas
Hall according to order; the Bailiff is authorized to levy execution with-
out any delay or postponement. Done etc.
Copy.
Petrus Stuyvesant on behalf of the Hon"^ High and Mighty Lords
States General of the United Netherlands and the Hon"' Lords Directors
of the privileged West India Company, Director Gen'l of New Netherland,
Curasao, Bonaire, Aruba, and the appendices thereof, with the Council-
lors; To the Court Messenger Claes van Elslant, hereunto required,
Greeting! Whereas David Frera, a Jew residing within this City has by
petition represented unto US, that he was condemned by the Court of
this City of Amsterdam in New Netherland on the 13* of this month of
July, at the suit of the Officer of this City, in a fine of fl. 800. and costs
of suit, notwithstanding that he represented his innocence as being ignor-
VOL. II.— 10
146 Court Minutes of New Amsterdam. [1656
ant of the Dutch laws, customs and language, as he says [and as he
demands] therein our provision.
Therefore We [Warn] you herewith, that you summon in the Name
of the Supreme Court the said officer to appear before US here in Fort
Amsterdam on the 25* of this Month; notifying the Court aforesaid to
come also or to send attornies to see the said judgment either confirmed,
annulled or set aside by US; the same to sustain or renounce as their
wisdom shall direct: leaving authentic Copy for the benefit of the said
officer, rendering unto US your return. Given in Amsterdam in N.
Netherland under our Seal, Paraphure and Signature of Our Secretary,
the 24 July 1656. Was signed P. Stuyvesant.
By Order of the Hon''!^ Director Gen'l and Council of New
Netherland. C. V. Ruyven.
Beneath was impressed the Public Seal in Wax.
VOTES AS TO WHOM TO COMMISSION PURSUANT TO THE PRECEDING
MANDAMUS.
^r . r TT bie A 11 . ( Oloff Stevensen
, Vote of Hon . Allart \
( Joh: Verbrugge
( Allard Anthony
" Oloff \ ^
( Joh: Verbrugge
]' " " Verbrugge Both burgomasters
[ " " Vinje Both Burgomasters
' " " Kip Both Burgomasters
' Plurality of Votes Both Burgomasters.
Whereas David d'Ferere, Jew, has appealed from an action instituted
by the Honble Schout N. de Silla before the Burgomasters and Schepens
of this City and from the sentence pronounced therein dated 13 July in-
stant, to the Hon*"'.^ Director General and Council of New Netherland and
by petition civilly requested abatement of said sentence as by his
petition is appearing. Therefore the Hon"" Director Gen'l and Council
of New Netherland have ordered, to. prevent costs and so despatch the
suit quickly, that parties under due compromise shall each choose an Ar-
bitrator, whereunto their Honors have adjoined the Hon*"'.^ La Montagne
as a third. Therefore parties being met together thereupon, Schout Ni-
casius de Silla chose on his side Capt. Paulus Leenderts vandie Grift and
1656] Court Minutes of New Amsterdam. 147
David d'Ferere, Joseph de Coster, to the decision of whom their chosen
arbitrators, parties declare to submit themselves, to abide by the same
and accomplish it, under a bond of Three hundred Carolus guilders to be
forfeited by whosoever shall not accept the same. Submitting to this
effect to all Court and Judges. In testimony whereof it is signed by the
respective parties and witnesses, on both sides, this 26'^ July 1656. At
Amsterdam in N: Netherland, Was signed Nicasius de Sille
David Ferere.
Witnesses: Augustine Hermans, Daniel Litschoe.
In presence of me, Jacob Kip, Secy.
Pursuant to the above deed of compromise the arbitrators met
together at the instance the Hon*"'.^ La Montagne thereunto adjoined by
the Honble Director General and Council, as a Third, and gave as their
decision, that the aforesaid David Ferere shall pay for the behoof of the
Schout N. de Silla the sum of One hundred and twenty Carolus Guilders
and defray besides the costs of suit, estimated at Fifty guilders, together
with the costs incurred by this appearance. In testimony is this signed
by the Arbitrators on both sides this 26. July 1656. At Amsterdam in
New Netherland. Was signed, P. L. Vandie Grift,
Joseph da Costa,
La Montagne.
In presence of me. Jacob Kip, Secretary.
Parties declare on both sides to submit themselves to the above de-
cision. Done as above; which I witness Jacob Kip, Secretary.
Thursday, 2f^ July 1656. In the City Hall. Present the W. Lords
N. de Silla, Allard Anthony, Oloff Stevensen, Johannes Verbrugge, Jacob
Strycker, and Hendrick Kip.
The Schout N. de Silla, pltf. v/s Janneke Herrmans, deft. The pltf.
exhibits an extract from the register of the Dr General and Council dated
20. July relative to certain slanders uttered by deft, against the Hon''!*
Director General, and referred to Burgomasters and Schepens, requesting
that deft, shall prove the slander. Deft, appearing in Court; acknow-
ledges to have spoken some words against the Hon''!^ General, and in the
course of conversation to have said — For her own part, or in her opinion
the Hon*'!* General is by no means guiltless of the innocent blood, that
148 Court Minutes of New Amsterdam. [1656
was lately shed; and if it be otherwise, requests to be excused and dis-
charged therefrom, the rather, as the Holy Supper of the Lord is at hand,
and she does not wish to be otherwise with the Hon''!^ General than
another — in peace; and declares, that if she thought, that the Lord
General would have taken the words so seriously, she should never have
spoken them. Whereas the Court of Burgomasters and Schepens is not
complete, the matter in question was postponed to a full meeting.
Johan de Decker appears in Court, exhibiting two different judg-
ments dated 4 July 1656. One for fl. 100 for his benefit and one of fl. 50
in behalf of the poor, 'pronounced by the Court of Beverwyck against
Willem Teller; and whereas by his departure thence, he could not bring
them to execution, requests that he may take in arrest for the same the
house of said Willem Teller standing within this City, and sell the same
by execution after proclamation having been made. The request of peti-
tioner being heard, he was referred to his proper tribunal, where the case
has been prosecuted.
Lourens Andriessen de Drayer, pltf. v/s Frerick Arentsen, deft.
Deft, having been hired by the pltf. left his service before his time was
out, and got married; as more fully appears by the demand and answer
of parties entered in writing. In order to prevent expense and delay in
the case the Burgomasters and Schepens refer the matter and parties in
dispute to Isaack d'Foreest and Coenraet Ten Eyck residents here, who
are hereby requested and authorized to dispose of the case in question as
arbitrators, and if possible to reconcile parties or in default thereof, to
deliver their opinion, in writing to the Court.
Jan Perie, pltf. v/s Adriaen Sparck, deft. For that the deft, first
struck him the pltf. in his own house, and thereupon they came to handi-
grips and he was carried to prison. Deft, says, that pltf. has insulted
him, and said, among other things, that he deft, was a coward and
deserter in Brazil; requests proof or due reparation of character for the
same, as^well as for the blow from which he has an interior pain. Pltf.
denies the insult, and objects to the witnesses produced by deft, in sup-
port thereof, as they and deft, were daily together, and they have
deposed with partiality. Parties being heard, pltf. Jan Perie was ordered
to prove by the next Court day, that deft. A. Spark is a coward and a
deserter from Brazil,
1656] Court Minutes of New Amsterdam. 149
Warnaer Wessels, pltf. v/s Abraham Clock, deft. Deft, in default.
Pltf. appears in Court complaining, that the roof of the house, for which
deft, is agent comes over his lot. The Court orders, that the Burgo-
masters and Street Inspectors shall inspect the case, and make such order
therein as they shall think proper.
Jan Peeck appears according to order of last Court, exhibiting de-
claration of two Deponents, to wit — Abram Stavellay and Tomas Santfort,
and whereas it appears by the same, that he only defended his house, and
the soldier makes great threats, he requests merely to be free and unre-
strained, or that the Court would please to dispose otherwise therein.
The soldier N. N. appearing also in Court, denies what is stated in the
declaration. Therefore it is ordered, that Jan Peeck shall cause his wit-
nesses to be summoned by the next Court day, to be further heard and
examined touching their rendered declaration. Meanwhile parties were
ordered to leave each other unmolested.
Warnaer Wessels, Farmer of Tapsters' wine and beer excise, re-
quests by petition, whereas he understands, that the Burgher excise shall
be farmed, that he may rent it privately, promising to give more for it
than any one else. Petitioner's request was postponed until further
opportunity.
Walewyn Vander Veen and AUard Anthony furnish, according to the
verbal order of the Court, their exhibits serving on both sides to the veri-
fication of the suit in Court, and renouncing mutually further productions.
And inasmuch as the Court is not complete, the matter was postponed
until tomorrow at One o' Clock,
Extraordinary Meeting holden [28* July,] 1656. In the City Hall,
at Amsterdam, in N. Netherland, Present the W. Heeren N, de Silla,
Oloff Stevensen, Johannes Pt^ Verbrugge, Jacob Strycker, Will: Beeck-
man, and Hend"^ Kip.
Walewyn Van der Veen in quality as husband and guardian of
Elizabeth de Maersman, late Widow of Benjamin Van de Water dec'! and
as agent and attorney of his wife aforesaid and guardian of the minor
children of Van d'Water, pltf. against Allard Anthony as Agent of dec^
Benjamin Van de Water, aforesaid, deft. Pltf. requests, that deft, be con-
demned to render him, pltf., in his quality aforesaid, due a/c, proof and
ISO Court Minutes of New Amsterdam. [1656
reliqua of the administration, which he had of the effects, acc'ts, books of
debt, papers etc. left here by the abovenamed de Water, since his decease
until this date, with costs. Deft, says, he is ready to render pltf. in his
aforesaid quality due a/c, proof and reliqua of his aforesaid administration,
except of the property, which Sieur Joost Glimmert inherits in said
capital, since he, deft, is requested by advice from abovenamed Glim-
mert, and allowed by pltf. himself, and has bound himself by letter in
answer thereto, to send over the return proceeds of said capital to afore-
said Glimmert. Burgomasters and Schepens having seen and examined
the documents and pieces produced by parties on both sides in the suit,
find that deft. Allard Anthony is, by special order and procuration of
Benjamin Van de Water dec"? accountable to no other person than said de
Water's widow; and although pltf. Walewyn Van der Veen has con-
sented, as husband and guardian of said widow, by instructions, that the
returns from Sieur Glimmerts goods may be laid aside and be sent to the
said Glimmert, on condition that the invoice should go to him, pltf.
Walewyn Van der Veen ; Yet it clearly appears by the letter sent by pltf.
and deft, to each other, that pltf. Walewyn van der Veen as husband and
guardian of said widow is accountable for the capital to the aforesaid
Glimmert and deft, is no further ordered, as regards Glimmert, than as
far as the consignment or sending of the returns proceeding from Glim-
merts capital. Wherefore it is unanimously decided by Burgomasters and
Schepens aforesaid, that Allard Anthony be condemned without longer
delay, to give pltf. in his aforesaid quality proper a/c, proof and reliqua
of the entire administration, which he had on the part of the abovenamed
De Water dec"? and pay, in addition, the costs incurred herein for the
benefit of the Court. Thus done and adjudged at the Court of the Scout,
Burgomasters and Schepens, (except Jan Vinje). Done this 28*? July
1656. At Amsterdam in New Netherland.
Tuesday 15* August 1656. In the City Hall. Present, the W:
Heeren N. de Silla, Allard Anthony, Jacob Strycker, and Hendrick Kip.
After previous ringing of the bell, there is published from the City
Hall and affixed;
The renewal of the Placard against contraband sales to the Indians
with the further amplification thereof;
1656] Court Minutes of New Amsterdam. 15 j
Together with the Ordinance regarding loading and unloading at
Anchor and the departure of all boats here, as more fully appears by the
original.
Jacob van Couwenhoven appears in Court to give notice, that he has
been called on by the Bailiff to pay the claim of Claes Bordingh and
Pieter Jacobsen, or that Execution shall issue; and whereas he is an Old
Burgher, and should his house and effects be sold at present by execution
they will bring but little, requests that he may not proceed to execution ;
offers to allow it to be sold at free Auction and promises certainly to pay
8 days before the departure of the return Ships for Patria. The humble
petition of Jacob van Couwenhoven being heard it was resolved to instruct
the Bailiff to postpone the execution to a fuller meeting, when further
orders shall be given.
Extraordinary Meeting holden on Saturday the 19 August 1656. In
the City Hall. Present the W. Heeren N. de Silla, Oloff Stevensen,
Allard Anthony, Johannes Verbrugge, Will" Beeckman and Hendrick Kip.
Jan Laurens, pltf. v/s Salomon La Chair, deft. Pltf. appears with
M' Willett, as interpreter, in Court demanding payment of 351 lbs. net
of butter @ one beaver for 18 lbs., delivered to deft, according to note
signed by deft, and Abraham Linthout; and says, that deft.. La Chair,
refuses to pay the same, and has torn and flung away the note; and he
is obliged to be at the expense of this Extraordinary Court in order to get
his pay; requesting, that deft, be condemned to pay the same together
with his debt. Deft, denying the debt, says, that Abram Linthout, and
not he, bought the butter. Pltf. freely acknowledges that Abr. Linthout
first bought the butter from him, but since he doubted of the certain pay-
ment, says he was unwilling to deliver him the butter, and that deft.
Solomon La Chair then came promising, that he would pay the same,
whereupon he brought the butter to La Chair's house, there weighed and
delivered it and received the Note. Deft, acknowledges, that pltf.
brought the butter to his house and there weighed and delivered it, but
that Abr. Linthout received it, and sold it again. Maintains, that Linth-
out is bound to pay for the same. Acknowledges to have signed the note
and also to have torn it, as some meat was mentioned in it, which was not
delivered. Abr. Linthout being heard thereupon says, that he and
152 Court Minutes of New Amsterdam. [1656
Solomon La Chair purchased the butter in company and received it, as
they were also in the Yacht and otherwise together, but that he had satis-
fied La Chair for all, according to affidavit. Solomon denies having been
satisfied therefor. The Court having heard the demand and answer of
parties, and seen the note signed by deft. Solomon La Chair, together
with the declaration produced by Abr. Linthout, that he had satisfied La
Chair for all, and having attended to all that might be material, have con-
demned deft. La Chair, as they by plurality of votes do, to pay pltf.
according to obligation in beavers for the delivered butter, whereunto one
month's time from date hereof is granted him. Done as above.
The Hon"." Oloff advises that La Chair and Linthout pay each half.
" " Allard " that La Chair only shall pay.
" " J. Verbrugge " that La Chair and Linthout pay each half.
" W. Beeckman " that La Chair only shall pay.
" " H. Kip " that La Chair only shall pay.
Solomon La Chair, pltf. v/s [Abraham Linthout, deft.]. Pltf. de-
mands payment of fl. 79. according to a/c. for the butter in question.
Deft, denies the debt: shewing by declaration of Willem Bout and Rem
Jansen, that he settled with pltf. on condition that he should [pay] fl. 70.
to Rem Jansen, which he proves, by receipt, he has done; demanding,
in consequence of said declaration, delivery of a silver cup, and a piece
of linen of 25^ ells @ fl. 2. the ell for one beaver, which pltf's wife
sinisterly took from the house and did not pay for. Pltf. replies: ac-
knowledges to have received the silver cup, says he will deliver the same
to Linthout, acknowledges to have received the linen, but it was brought
into a/c; denies expressly, that he has agreed or settled with Linthout
either about the Yacht or all their a/c, says he only settled about the
arrest issued against him Linthout and no further, and that Abram
Michels and Abram la Nooy were also present; denies that they had
spoken about the note for the butter. Deft, answering exhibits a letter
written to him by La Chair, wherein it appears, that he owes only 130 gl.
and thereupon was received 20 lbs. powder, i gun, 40 lbs. sugar, and i
beaver; saying, that La Chair promised him acquittance for all. La Chair
says, he promised no further acquittance, than for the receipt according
to arrest. Abram Michels being sent for to Court, and heard, declares,
that he was present when La Chair and Linthout were together in dispute
1656] Court Minutes of New Amsterdam. 153
about their a/c, and that they had much talk; and that La Chair said
" pay Rem Jansen and I shall discharge you from arrest;" says he did
not hear further, than about the question of their a/c. A. La Nooy being
also heard; says he has no knowledge of the matter. It is resolved by
the Court to send the statements to Fort Orange to be there collated and
sworn to, as appears by the following letter: —
Honorable, wise, prudent Friends:
Honble Friends,
Whereas certain statements, copies whereof are hereto annexed,
passed by Willem Bout and Rem Jansen inhabitants there, before the
Secretary Van Hamel, are produced before our Court by one Abram
Linthout, and his adversary Solomon La Chair expressly denies having
agreed with Linthout further than the arrest on his person ; and the Cer-
tificates state, that they settled about every thing, that they ever had to
do together; and whereas no judgment can be delivered thereupon, on
said certificates [Paper destroyed] before the same are collated and sworn
to, we, therefore, request Your Worships to be pleased, for the main-
tainance of justice and decision of parties, to collate and attest the said
certificates and transmit the same to us by the first opportunity, for
further disposition. Which expecting, we commend Your Worships and
your government to the merciful protection of the Most Ifigh and remain,
Your Worships affectionate friends.
The Burgomasters and Schepens of the City
Amsterdam in New Netherland.
By order of the same, Jacob Kip, Secretary.
Done, this 22^ Aug. 1656. In Amsterdam in N. Neth"?.
The Superscription: — Honourable, wise, prudent their Worships of
the Court of Fort Orange or Beverwyck.
Pieter Jacobsen Marius appears in Court requesting that the Bailiff
be authorized to levy execution on the judgment against Jacob van
Couwenhoven, inasmuch as he, otherwise knows not when he shall obtain
his own. Whereupon, J. v, Couwenhoven being called into Court, ap-
pearing requested, as he was an old Burgher, that execution may not yet
be proceeded with; saying that he had already given the deed of his house
154 Court Minutes of New Amsterdam. [1656
and lot on the Strand * to the Bailiff to be sold, as security. He offers to
sell by voluntary sale and not to his great loss, by execution, his said
house and lot forthwith and to order his bouwery at Gravesend to be sold
for the payment of pltf. The Court having heard the humble petition
and offer of Jacob van Couwenhoven and taken the same into considera-
tion, order said Couwenhoven from this day to order the sale of the afore-
said house and lot and Bouwery, to cause the same to be sold by
voluntary sale in fourteen days after date hereof to pay pltf. according to
judgment, and should said Couwenhoven fail therein, the Bailiff is hereby
charged and authorized, without any further notice or longer delay, to
sell then on said day, by execution, the said lot and house with the above-
named Bouwery and what shall remain to the further payment of the pltf.
Thus done and arrested in Court at the City Hall thi§ 19. August. 1656.
On the 2^'^ August 1656. [In the City Hall] of this City Amsterdam
in New Netherland.
Adriaen Woutersen, pltf. v/s Teunis Teunissen, Mason, deft. In
case of arrest. Pltf. demands payment of 239 lbs. Tobacco delivered to
deft, at Fort Orange to be sold for him pltf. @ 14 [lb.] for one beaver.
Deft, acknowledges that pltf. brought the tobacco to his house for sale,
but says, that Steven Gysbertsen there said that half the tobacco came to
him. Having inquired, he delivered the same to him as soon as received.
Claims salary for salvage of tobacco, and for arrest, one beaver per day.
Pltf. says, that Steven Guysbertsen was no partner of his in the tobacco,
or had a stiver of his own, which he says he can prove, requests payment
or sufficient bail for the tobacco. Burgomaster Olof Stevensen declares
in the name of Martin Jansen of Breuckelen, to be bail for Teunis Teunis-
sen for the claim, which pltf. Aryaen Woutersen has for the tobacco.
* This was first known as the " Old Church Lot," — a wooden church having been
built on it as early as 1633. It was situate on the North side of the present Pearl Str.,
about 60 to 80 feet East of Whitehall. The lot together with the old church having been
purchased by Jacob Wolphertsen van Couwenhoven April 8, 1656, was confirmed to
him by patent of June 30, same year and pursuant to the order in this case again sold,
Isaac de Foreest becoming the purchaser Septbr. 8, 1656. The latter, having built on
the lot a house, " which is an ornament to the City," obtained in 1664 the grant of the
lane adjoining to build a woodshed etc. Calendar of Dutch MSS., p. 383 ; Valentine,
Manual, 1861, p. 589. It subsequently became the property of Allard Anthony. — B. F.
1656] Court Minutes of New Amsterdam. 155
Wherefore deft, was released from Arrest, saving his recourse against
Steven Gysbertsen. Done as above.
By order of the Burgomasters aforesaid
Jacob Kip, Secy.
The 28* August 1656. In the City Hall. Present the W: Heeren
Nicasius de Silla, Oloff Stevensen, Allard Anthony, Johannes Verbrugge,
Jacob Strycker, Will: Beeckman, and Hendrick Kip.
N. de Silla requests, in the name of the Director General and Coun-
cil, that Isaack d'Foreest, Burger of this City, shall be heard on certain
interrogatories either before the Court or Commissaries to be appointed
for that purpose. Whereupon Isaack d'Foreest appeared in Court, and
as time did not admit of his being heard on the interrogatories in Court,
Jacob Strycker and Hendrick Kip were appointed Commissioners to cause
the above named Foreest to appear before them and to have him answer
the points.
Tryntie Hendrix, pltf. v/s Isaac Greveraer, deft. For that deft,
takes possession of the whole passage-way between her and his house, half
of which belongs to her. Deft, requests, that the Court shall be pleased
to appoint one or more to inspect the same, and to examine the deeds and
conveyances, and to decide thereon. The Court commissioned, besides
the Surveyor Paulus Leendertsen Vandie Grift, Schout N. de Silla and
Schepen Hendrick Kip to inspect the Work and decide between parties.
Hon^l^ Jan Vinje, present.
Isaack de Foreest, pltf. v/s Abram Rycken, deft. Pltf. demands
payment of H. 148. in beavers according to a note which ought to have
been paid last June. Deft, acknowledges the debt: Says that he has
been to the South after beaver, but could get none; and had agreed, if he
could not get beavers, that he might pay with Zeewan. Pltf. replying,
denies that he agreed for Zeewan; says that deft's wife left with him a
certain deed of sale of a house and lot as security for payment, which she
afterwards sinisterly took from him, and lifted the monies due thereon.
Deft, says, he cannot pay otherwise than in Zeewan, and that partly; now
and again. The Court having seen the plain obligation passed by deft,
to the pltf. condemn the deft, to pay the pltf. according to the note in
beavers within 14 days.
156 Court Minutes of New Amsterdam. [1656
Jacob Teunissen, pltf. v/s Anthony Jansen Van Vaes, deft. Deft.
in default. Pltf. exhibits certain certificates, in English, to the verifica-
tion of his intention; and whereas deft, has delivered his answer into
Court, pltf. is ordered to render the declaration, exhibited by him, into
Dutch and to hand it in by the next Court day, when further disposition
shall be made therein.
Jan [Vinje ?] pltf. v/s [Hendrick Pietersen, deft.] Pltf. says he
bought a horse now about . . . .* He cannot come within 5 @ 6
gl. in a/c, requests that deft, be ordered . . . Offering to pay v/hat
shall be found .... on condition of annulling his note. The
deft., Hendrick Pietersen, exhibits the note. He has received no beavers
as the same states but Zewan etc. and therefore has had no satisfaction.
Whereas the question is regarding a/cs, parties were referred to two arbi-
trators to wit: Tomas Hall and Michel Jansen who are hereby authorized
to settle a/cs and if possible to reconcile parties; otherwise to render a
report thereon to the Board.
Jan Vinje further complains, that Hendrick Pietersen Kint in
7 Water s wife, goes carelessly night and day with fire through her own
and her neighbours lots, whereby they are in great danger of fire ; and
that he has not repaired his house nor erected chimnies. Requests, that
such disposition shall be made by the Court, that he as well as his neigh-
bours be beyond danger. Hendrick Pieters" Kint in 7 Water says, he
bought the plank; the stone and nails he cannot yet obtain. Promising
to do all in his power to prevent any disaster. The Court ordered
Hend'k Ptr Kint int tvater to enclose his house, and to make chimnies ac-
cording to the order of the Commissaries and Street Inspectors, wherefor
14 days time at the farthest was still allowed him, provided that he take
good care, in the meanwhile, that no misfortune occurs.
Cornells Dircksen Hoochlandt, pltf. v/s Pieter Jansen, deft. Pltf.
demands payment of fl. 65. according to two different handwritings.
Deft, acknowledges the handwriting, but says, that Joh: Nevius wrote
their contract, claims on the contrary fl. (i?>. 15. for wages, according to
specification, which is not deducted. Pltf. says, that the fl. 68. 15. which
deft, claims, are deducted, and that Jan Evertsen and Frerick Lubbertsen
were arbitrators thereon. The Court having seen the handwriting passed
* Original torn and consequently unintelligible.
1656J Court Minutes of New Amsterdam. 157
by deft, after date of his a/c condemn him to pay the same to pltf.,
unless the above named Jan Evertsen Bout and Frerick Lubbertsen, arbi-
trators on parties former a/c, consider deft's claim was not deducted; in
which case they were authorized to reconcile parties thereupon.
. . . . t v/s . . . Hendricksen, deft. For fl. 42. balance
of a/c. Deft, acknowledges the debt, inasmuch as his a/c in offset agrees
with pltf's credits to within a few stivers; but requests five or 6 week to
pay. Pltf. says, he has already waited 4 years for payment. Deft, was,
therefore, condemned to pay pltf. within 14 days.
Cornelia Schellinger, pltf. v/s Joresy Rapalje, deft. In case of
arrest. Deft, in default. Pltf. appears in Court complaining that deft,
has departed beyond his arrest. The Court provisionally granted only
default.
Symon Joosten, pltf. v/s Augustyn Heermans, deft. Deft, in default.
Pltf. appears in Court; says he arrested the deft, and that he has
departed. The Court decides, that deft, is not liable to arrest, inasmuch
as he is a Burgher here. Therefore default only was granted.
Matewis de Vos in quality as att'y for F: Fyn, pltf. against Dirck
Smith's wife, deft. Pltf. demands payment of a balance of fl. 148. for
oxen and other horned cattle sold and delivered to deft's husband by F.
Fyn, according to contract, which oxen and cattle were pledged by mort-
gage for the payment; he sues for the arrest issued on said oxen and
requests that said arrest be declared valid. Deft, acknowledges the note;
says he cannot yet do any thing towards the payment of the balance in
consequence of her husband's poor condition. The Court having seen
the note and contract, declare the arrest on the oxen valid, and decide
that pltf. in case of non payment, shall have a preference before all others,
to the oxen.
Jores Van der Vorst, pltf. v/s Mary Van der Donck, deft. In case
of arrest. Deft, in default. Pltf. appears in Court complains, that deft,
has departed beyond arrest. The Court decides, that the Officer has to
inform himself thereof, and institute his action thereupon.
Mary Peeck, pltf. v/s Joost Gooderissen, deft. Pltf. demands pay-
ment of fl. 16. 8. on a/c of Mr. Jonathan, for whom deft, agreed to pay
her, as he owed him. Deft, acknowledges to be indebted to M- Jonathan
f Original destroyed.
158 Court Minutes of New Amsterdam. [1656
and to be ready to pay pltf., provided that it be deducted from his drawn
note. Parties being heard, deft. Joost Goderissen is condemned to pay
pltf. the aforesaid fl. i6. 8., provided he give him proper receipt, and that
it be credited on the note, which he says is in Isaack de Foreest's posses-
sion.
Monday, 4 Sept- Anno 1656. In the City Hall. Present the W:
Heeren Nicasius de Sille, Schout; Oloff Stevensen and AUard Anthony,
Burgomasters ; Johannes Pt^ Verbrugge, Jacob Strycker, Jan Vinje,
Will" Beeckman, and Hendrick Kip, Schepens.
Allard Anthony, pltf. v/s Walewyn Van der Veen, deft. Pltf. says,
he has already delivered, pursuant to the order of the Hon*"!* President,
his demand and requests, that deft, shall bring in whatever he has against
it. Deft, answers in writing as follows: — Walewyn van der Veen, deft,
ads. Allard Anthony pltf., in case of slander. Deft, denies to have
slandered him, but really has shewn and still regrets, before this Court,
his discontent at the tergiversation and shameless evasions, with which
pltf. endeavors to drag him, deft, along; seeking thereby to keep him from
the right road. Pltf. notwithstanding, desires, to sue him deft, for slander
and to execute the same. Deft, shall further answer him, reserving his
demand in offset also in case of slander; as to what relates to that, which
deft, has to say to the papers, which pltf. calls accounts, the same are
signed contrary to mercantile style, without day or date with a captious
clause, as the same can be seen. He requests therefore, that Allard
Anthony, (leaving him undisturbed with his invented, new, absurd pro-
ceedings) be condemned to render promptly, due and proper a/c. reliqua
and satisfaction according to the tenor of the Court's judgment, to the
end, that deft, may no longer be retarded by pltf's odious exceptions. It
was subscribed — Wal. Van der Veen. Which being read, pltf. replies
and requests the Hon^l^ President to be appointed with one or two from
the Bench to examine the a/cs in dispute. Deft. W. vander Veen, in
reply requesting on his side also that Commissioners may be appointed.
Burgomasters and Schepens therefore appointed Sieurs Cornells Steen-
wyck and Paulus Schrick, free merchants here, to examine the a/c in
question and if possible to reconcile parties, or otherwise to report in
writing to the Board. Done as above.
1656] Court Minutes of New Amsterdam. 159
Hendrick Willemsen, Baker, pltf. v/s Joost Teunissen van Norden,
Baker, deft. Deft, in default.
Jacob van Couwenhoven, pltf. v/s Frerick Lubbertsen, deft. Pltf.
demands from deft., as att'y for Isaack Mens, payment of fl. 179. 10.
which he hath arrested with Isack Mens on behalf of Andries and Rogier
Kilvert, according to acte of the Court Messenger. Deft, requests copy
of the demand and time to answer thereunto till the next Court day.
Abraham Linthout, pltf. v/s S. La Chair's Wife, deft. Pltf. appear-
ing in Court, complains that deft, has arrested him here, and caused him
to be summoned last Court day and requests reasons for arrest. Deft,
acknowledges to have arrested pltf. and then summoned him for last Court
day, because pltf. had sent the Court Messenger 2 @ 3 times for the
silver cup and piece of linen in question; but says, she has discharged
the arrest, until the return of her husband, and thought that the arrest
was not before the Court; regrets that it is so, as pltf. was discharged.
Pltf. replying denies being discharged from arrest, saying he was in arrest
5 days previous to the last sitting of the Court; claims cost for damage
and being defrauded of his journey. The Court Messenger being heard
by the bench declares, that he arrested and summoned pltf. Linthout for
La Chair, but was not again discharged from arrest. (Deft, says, that
pltf. Linthout has blinded the eyes of the Judges against her husband in
the case. The Hon''!^ Schout arrested deft, for said words and summons
her to prove the same). Parties being heard, the Court declares the said
arrest invalid, and consents, that pltf. may institute his action for said arrest.
Hendrick Hendricksen, Tailor, pltf. v/s Andries Hoppen, deft.
Deft, in default. Pltf. appears in Court, exhibiting the decision of the
arbitrators appointed by the Court relative to their difference. Requests,
that deft, be condemned to pay him according to said decision, with costs.
The Court having seen the decision of the arbitrators, condemn deft.
Andries Hoppen to pay pltf. fl. 10: 6. balance due him according to de-
cision, with costs incurred herein taxed at fi. 3. Done etc.
Jan Evertsen Bout appearing in Court presents a petition regarding the
matter frequently in dispute with Frans Jansen. Ordered, that he may
summon his party aforesaid.
Pieter Jansen, pltf. v/s Jan Evertsen Bout and Frerick Lubbertsen,
defts. To testify the truth in the case of last Court day against Corn'
i6o Court Minutes of New Amsterdam. [1656
Dircksen Hoochlandt. Defts request, that Cornelis Dircksen Hooch-
landt as party may be also heard; who, likewise, appeared, and then
Jan Evertsen Bout and Frerick Lubbertsen declared, that they were
arbitrators between Pieter Jansen and Cornelis Dircksen Hoochlandt
in the dispute, which they had about the farm, and that the a/c, which
Pieter Jansen claimed, was then exhibited. That they then finished com-
pletely all questions and Pieter Jansen thereupon gave Cornelis Dircksen
a note. The Court heard the declaration of the arbitrators aforesaid,
summoned by Pieter Jansen, and having seen the note, which after date
of the' a/c was drawn by Pieter Jansen in favor of Cornelis Dircksen
Hoochlandt, condemn Pieter Jansen to pay said note amounting to fl. 65.
to Cornelis Dircksen Hoochlandt.
Symon Joosten, pltf. v/s Augustyn Heermans, deft. Pltf. demands
delivery of a lot 50 feet wide and 100 feet long, according to contract. N.
Verleth, as att'y for Augustyn Heermans, appeared in Court; answering
says, that pltf. selected the said lot fully over 2 years ago and the Court
Messenger measured it for him. Pltf. replying acknowledges, that the lot
was measured off for him for a garden, but he never could receive a deed
for it. Now the street is run right through the lot. Requests to have a.
lot for it. Deft, requests delay, until the arrival of Augustyn Heermans,
who is daily expected. The Court postponed the matter in dispute until
the arrival of Augustyn Heerman, as he is daily expected.
Grietie Cosyns, pltf. v/s Cristiaen Antony, deft. Both in default.
Christian Antony, pltf. v/s Vroutie Cosyns, deft. Both in default.
Hendrick Jansen, smith, appears in Court with Sybout Claessen,.
which Sybout Claessen deposes, that Jan van Haerlem, (who broke his leg
and therefore cannot personally, come) declared to him, that he was
present, when Hendrick Jansen delivered the tobacco to Juryaen Fradel,
and that there was 147 lbs., which he and Juryaen Fradel helped to bring
from Hendrick Jansens house to the Fort, and that Juryaen had abso-
lutely received the tobacco. Whereupon Nicolaes Backer, atty for
Juryaen Fradel, being heard, says, he is ignorant thereof, but that the
tobacco is not merchantable. The Court orders that Jan van Haerlem's
declaration shall be taken in writing, and if it agree with the deposition
of Sybout^Claessen, it is decided, inasmuch as it appears, that Juryaen
Fradel brought the tobacco from Henrick Janssen's house and [took and
1656] Court Minutes of New Amsterdam. 161
received the same at his, that the same shall avail in reduction of the pay-
ment of the demanded sum, without instituting further proceedings.
Jacob Barsimsom furnishes his papers in the suit against Allard An-
thony, requesting despatch of the case. Therefore Allard Anthony was
ordered to furnish his exhibits, for judgment to be then given.
The Hon''!^ General Petrus Stuyvesant appears in Court of Burgo-
masters and Schepens and makes certain verbal propositions, which the
Burgomasters and Schepens request in writing, so as to deliberate there-
upon. Whereupon the Hon"^ Gen! delivered in a certain minute, (copy
whereof follows hereafter) and said, that the substance thereof was con-
tained in the same; but that he had not drawn it up formally or to serve
as the principal.
Copy.
Hon*".^ Friends
The cause of my coming here to this, your Honors' Meeting is solely
according to my office and duty, to request your Honors once more and
for the last time, as I have done frequently heretofore, to provide sup-
plies, at the earnest recommendations and instructions of the Hon''!^ Lords
Directors given you. Through want of these we see, to our sorrow, not
only our city works retarded and delayed — the encircling this, in time,
with palisades and other forts of defences, and rendering it defensible and
close against a sudden assault either of Indians or others — but what is
worse and afflicts us more, experience shews that what has been already
done is wholly in ruin and scarcely any hand raised or repairs done to
anything, the cause of which is not so imputable to your Honors negli-
gence or indisposition, but to want of money to repair what is decayed
and to complete what is unfinished. Many plans have been proposed by
us to raise and provide means, independent of what we agreed and con-
sented to last year at the request of the Burgomasters and Schepens —
being a voluntary assessment each according to his means, which was
done then. In addition to this, we allowed your Honors, pursuant, to
the resolution of the Director General dated 28. January 1656., one stiver
in the guilder from the cattle slaughtered for consumption within your
Honors' City. How the aforesaid is put in practice and its amount we
remain ignorant of to this day. We should deem it not inadvisable to
farm it out now.
VOL. 11 — II
i62 Court Minutes of New Amsterdam. [1656
Further we consented, that your Honors should impose and levy
something on beer and wine consumed within this city; which, if it have
not prospered, is owing not to the Director General and Council, but, in
our opinion, to your Honors.
And since the Hon*"'.^ Lords Directors ceded to your Honors' Court
the conveying of lots situate within this city, seeing by actual and long
experience the spaciousness and great size of the lots which some hold
and occupy, the one more than the other, and retain, whether for pleasure
or in hope of future advantage and greater profit, to the marked preven-
tion and retardment of buildings, we have offered, by instructions from
the Hon*"!" Lords Directors, to you, the Burgomasters and Schepens,
which we still renew, the imposing and levying a reasonable assessment
{gront pachi) on the lots, and that for the payment of the incurred debts,
which we think and also decide ought to be paid and discharged, inas-
much as some existed already three, others, two years, and must continue
longer. We think that the lenders and interested should receive, hence-
forth, a reasonable interest, until the discharge thereof. We consider it
essentially necessary that the City had some [income], and that after the
debts are paid, some monies be collected and laid aside as in a treasury,
to be used in time of need. For that reason we leave to your Honors'
consideration the aforesaid, as well as the rate, which your Honors with
the advice of the Director General and Council may conclude in laying
and levying, to pay, as Burgomasters and Schepens, the incurred debts,
therefrom, or to leave the levying to the Director General and Council,
when they will assume the incurred debts to themselves, and further,
repair, as far as it is possible and feasible for them to do, the decayed
works, and endeavor to complete the work begun with palisades on the
North River.
Finally, we have to recommend to your Honors in general, but
especially to the Schout and Burgomasters in particular, the observance
and practice of the Ordinances and Placards published by the Director
General and Council on weights, ells and measures; such chiefly relating
to bakers and tapsters — particularly about the bakers, touching whom not
the slightest complaint has been made to us regarding the lightness or
dearness of bread — subjects worthy of peculiar attention.
Lastly, concerning the crowding of the streets with stones and timber,
so that no carts or wagons can pass etc.
1656] Court Minutes of New Amsterdam. 163
The Original hereof is a memorandum written by the Hon'''." General
himself.
Friday, 8'.'' Sept' 1656. In the City Hall. Present the W: Heeren,
Oloff Stevensen, Allard Anthony, Johan: Pt' Verbrugge, Jacob Strycker,
Jan Vinje, Will™ Beekman, and Hendrick Kip.
Having considered the proposition made by the Hon'''." General in
the last Court, it is resolved and concluded, that the revenue of the
slaughtered meat and of the Burgher excise together with what may be
further imposed, shall be farmed; and it is further concluded by petition
to ask the Director General and Council, about the proposals of the
Hon^!" General,
First, to explain, why the new imposts have not been enforced;
Secondly, to resolve to impose some subsidies, which are least bur-
densome, and to make therewith all necessary repairs, on condition that
the Director General and Council shall first give Burgomasters and
Schepens a formal Acte, that it shall belong to the City and be disbursed
by the Burgomasters.
Thirdly to solicit, for reasons therein to be mentioned, that Director
General and Council would please to excuse the Commonalty from the
outstanding incurred debts, or to write thereon to the Hon*"!" Lords Direc-
tors and await their rescript, as to whether the same shall be paid by the
citizens, or discharged by their Lordships.
Whereas Sieur Cornells Steenwyck has been as yet prevented by his
considerable business and undertaken journey to Fort Orange to examine
the a/c according to previous Acte, Sieur Piet' Jacobs Buys was ap-
pointed in his stead or in his absence as the third. Done this 9* Sept
1656. Amsterdam in N. Neth"?. By order of the Hon''!" President,
Jacob Kip, Secretary.
To the Right Hon'''." Director General and Councillors of New Neth-
erland.
Rt Hon"!"
Whereas the Hon**!" General appeared last Monday in Our Meeting
and communicated to the Burgomasters and Schepens the instructions of
the Hon''!" Lords Patroons to provide ways and means, and reproved the
neglecting thereof, whereby the City works are in decay and the incurred
debts are, also, unpaid.
i64 Court Minutes of New Amsterdam. [1656
Therefore, We, Burgomasters and Schepens of this City of Amster-
dam in New Netherland, considering the low and sober condition and
circumstances of the inhabitants of this City, both in consequence of the
last trouble with the Indians by the great damage and loss suffered there,
and the previous difficulties with our neighbours, the English; in the erec-
tion of walls, defences and divers expeditions then undertaken: Besides,
again, last harvest, a voluntary assessment of about six thousand guilders
raised from the Commonalty in addition to various other collections, so
that the inhabitants are so reduced, that many scarcely see, where they
are to get means, and others have in consequence gone away. They
have, therefore, waited to the present time deliberating on finding ways
and means proposed to be levied by you.
But they now are resolved to create and farm, with your approbation,
some imposts which, in our opinion, are least burdensome to the Com-
monalty; to be collected into the City Treasury and expended to the
advantage of this City to the necessary repairs thereof according to cir-
cumstances; provided you grant to the Burgomasters and Schepens formal
Acte, that the same shall henceforth and for ever belong to the City and
be disbursed by the Burgomasters.
And whereas it is the custom in our Fatherland, that the frontier
place such as this, whereon the whole country depends, be fortified and
strengthened, not at the expense of this City, (since many even like this
are unable to defray such), but from the general revenue; Therefore
Burgomasters and Schepens request that you would be pleased to excuse
this Commonalty, (in consideration of their extraordinary services and
onerous labours expended at their own cost,) from said incurred debts; so
that equality may once be obtained and these inhabitants may be
encouraged to the greater prosperity of the Commonalty. Or, otherwise,
that the Hon".^ Lords Patroons may be written to, and their Lordships'
rescript waited for. Expecting hereupon your favorable disposition and
remaining your obedient Servants
The Burgomasters and Schepens of the City of
Amsterdam in N: Netherland. Oloff Stevensen,
Allard Anthony,
Johannes Van Brugh,
Jacob Strycker.
1656] Court Minutes of New Amsterdam. 165
Done, this ii*^ Sept. 1656. Concluded and Signed in Court at the
City Hall; Amsterdam, in N. Netherland.
Monday, 11'!' Sept^ 1656. In the City Hall. Present the W Heeren
Allard Anthony, Joh: Pt' Verbrugge, Jacob Strycker, Will: Beeckman,
Jan Vinje, and Hendrick Kip.
Pieter Lourensen, pltf. v/s Jacob Eldertsen, deft. Pltf s wife ap-
peared and deft, in default.
Jacob van Couwenhoven, pltf. v/s Frerick Lubbertsen, deft. Deft,
as att'y for Isaack Mens, answers in writing the demand of last Court day,
according to order; which being read and parties being heard thereupon,
pltf. Couwenhoven acknowledges, that Isaack Mens has paid Kilvert and
that he removed the arrest from the tobacco, but arrested the monies.
Ordered by the Court, that pltf. Couwenhoven shall be granted copy of
deft's answer, thereunto to reply by the next Court day.
The written petition of Pieter van Couwenhoven for payment for
planks delivered in the last trouble with the Indians, being examined, it
was decided that the planks for which the money is due were delivered at
the Fort. Therefore it is postponed until future Meeting.
The Honble. Allard Anthony in quality of Agent for skipper Jacob
Jansen Huys, furnishes the exhibits in the case against Jacob Barsimsom,
requesting despatch of the matter. And whereas the Court is incomplete,
it was postponed until the next Court day. Further the petition to the
Director General and Council is concluded and signed.
Whereas Allard Anthony objects to Pieter Jacobsen Buys, who is his
adversary, therefore the Court hereby and for the last time appoints in his
stead Sieur Jacobus Backer, free merchant here, in conformity with pre-
vious action. Done this 11 Sept' 1656. Amsterdam in N. Netherland.
By Order of the Hon''!" President
Jacob Kip, Secretary.
Monday I8'^ Sept' 1656. In the City Hall. Present the W Heeren
N. de Silla, Oloff Stevensen, Allard Anthony, Johannes Verbrugge, Jacob
Strycker, Jan Vinje, Wiir Beekman and Hendrick Kip.
Opened in Court a certain letter, whereof the superscription was —
Honourable, Wise, Prudent Burgomasters and Schepens of the City of
i66 Court Minutes of New Amsterdam.
[1656
New Amsterdam, residing at the Manhattans, per Friend, whom God
preserve. And the same was found to come from the Worshipful Court
of Beverwyck, tending to the further clearing of the dispute between
Abram Linthout and Solomon La Chair.
Schout N. de Silla, pltf.v/s Marretie Claes and Jochem Beeckmans
wife, for quarreling and slander perpetrated on the Highway (Broadway).
Marretie Claesen appears in Court, complaining, that Jochem Schoester's
wife scandalously slandered her, whilst she stood at her door, with many
dishonorable speeches and proposals, and requesting, that she be ordered
to let her be in peace. Jochem Beeckman and his wife appeared both in
Court complaining, that they were slandered by Martie, and flew at each
other in Court with hard words, without having proof on the one side or
the other — Therefore the Court imposed silence on parties and ordered
them to live henceforth quiet and in peace and order as good neighbours
ought to do; or failing therein, that on first complaint and proof, other
disposition shall be made in the matter; condemning Jochem Beeckman
or his wife in the penalty of fl. 10. and Tomas Fredricksen or his wife in
the penalty of fl. 6. for the benefit of the deaconry of this City.
Hendrick Hendricks, pltf. v/s Andries Hoppen, deft. Pltf. com-
plains, that the aforesaid deft, will not pay him, according to the decision
of good men and the judgment of the Court; claiming therefore fulfill-
ment thereof with costs: And states that deft's wife has scandalously
slandered his wife. Deft's wife appearing answers, she had offered to
pltf. fl. ID. 6., which he refused; says she was not aware of the decision
of the good men nor of the judgment and therefore not liable to any costs.
Denies the slander, of which pltf. complains; but says, she is also
slandered. The Court having heard parties and pltf's witnesses, have
condemned deft, as they do hereby, that she shall hand over and pay to
pltf. promptly, within 24 hours from this, the fl. 13. 10 according to pre-
vious judgment, and parties, on both sides were further ordered to
remain at peace, without injuring or abusing each other, or further dis-
position shall be made therein.
Marretie Pietersen, pltf. v/s Jacob Eldertsen, deft. Pltf. complains,
that deft, shot her dog: requests indemnification for the same to the
am' of fl. 16. as it was a good waterdog. Deft, acknowledges having
shot the dog, for the dog attempted to attack him in the street and in
1656] Court Minutes of New Amsterdam. 167
catching a stone to drive him away, he bit him in the finger, so that he
was obliged to have it dressed by the surgeon. Maintains, therefore,
that he is not liable to pay a stiver for it. Pltf. replying says, that deft,
shot the dog, when she called him and he was by her person, and denies
that the dog bit him. The Court ordered, that deft, shall prove on the
next Court day his assertion, that the dog bit him, when further disposi-
tion shall be made of the matter.
Mareten Ottersen, pltf. v/s Cornells Jansen Coele, deft. Pltf. de-
mands payment of a balance of fl. i6. for i^ month he navigated with
the deft. Deft, acknowledges, that pltf. came with him from Fort
Orange, and was on board his sloop in the harbor here, because he
could do nothing else, but denies having hired him, saying that he came
away with him only for his board, and as the yacht was somewhat leaky,
he promised to pay him something for his trouble which he has done.
The Court orders pltf. to prove, that deft, hired him, and that he worked
so long on board his bark, when further disposition shall be made therein.
Symon Joosten, pltf. v/s Augustyn Heerman, deft. Pltf. requests
delivery, according to contract, of a certain lot, which he exchanged with
deft, for his farm. Deft, answering says, that he allowed pltf. to select,
according to his own choice, the lot, two years ago, which he owed him,
and then measured it; and that pltf. now recently demanded convey-
ance thereof, which he offered, as he still does. Pltf. replying maintains,
inasmuch as the road is run right through said lot, which was measured
to him for a garden, and as his contract speaks of a square lot, and he has
not yet received any deed, that deft, is bound to deliver him another lot
of similar size. Parties being heard, the Court referred the matter in
dispute to the Surveyor and the Schout of this City to reconcile the parties
if possible after due inspection and pertinent examination; or otherAvise
to report to the Court.
Pltf. Symon Joosten, claims in like manner of Augustyn Heerman,
payment of 6 beavers for balance of 4 months and 6 days navigating on
board deft's galliot @ fl. 30. per month. Deft. Augustyn Heerman says,
he is ignorant of pltf's claim. Requests proof. The Court ordered the
pltf. to prove his claim.
Abraham Linthout, pltf. v/s Solomon La Chair, deft. Deft, in de-
fault. Pltf. appears in Court, claiming payment for costs and damage
i68 Court Minutes of New Amsterdam. [1656
suffered from arrest and that he is now about to depart. Deft, communi-
cates certain writing to the Court. And whereas he is in loco, default was
granted and pltf. was allowed to depart on leaving an att'y in his place.
Willem Cattoen, pltf. v/s James Keets, deft. Both m default.
Adriaen Vincent, pltf. v/s Kortrys, a Frenchman, deft. Deft, in
default.
Mf Jacob Hendrick Varvanger, pltf. v/s Pieter Tonneman, deft. Pltf.
appears in Court exhibiting certain note dated 6. December 1655 drawn in
his pltf's favor by Jacobus Krap, Surgeon, at present in South River, for
the sum of fl. 217. 10. which should have been paid last July. And
whereas deft, signed as bail for the payment and he has in hand a certain
chest and other property of the said Krap, which he has arrested as
security for his payment, therefore he now prosecutes, before the Court,
the said arrest, and demands that the same be declared valid, by virtue of
said note. Whereupon deft, being heard, he acknowledges to have in his
possession a chest and other property of Jacob Krap and that the same is
arrested ; but that he signed merely as a simple bail without renouncing
benefit, and therefore is not responsible for the payment of the note.
The Court having seen said note, declares the aforesaid arrest valid.
Jacob van Couwenhoven appears in Court and hands in his written
reply against Frerick Lubbertsen as att'y for Isack Mens, whereupon
was endorsed — The Court orders, that copy hereof shall be granted to
pltf. to answer thereunto by the next Court day.
Jacob Barsimsom appears in Court, and requests despatch in the case
against Allard Anthony, and whereas the time has expired, it was post-
poned until Thursday when a meeting shall be held expressly therefor.
Isaack de Foreest appears in Court exhibiting a deed delivered to
him by Abram Rycken as a mortgage for his payment. And whereas he,
A. Rycken, has lifted the money, and will also lift the balance, requests
that Jan Rutgersen shall sign as payer therefor to his benefit. The Court
decides, that Foreest shall summon Abr: Rycken, whereas Jan Rutgersen
appearing said, he was not bound to do so.
Endorsed on the petition of Pieter van Couwenhoven — Whereas the
planks, for which petitioner demands payment were delivered, according
to declaration, by order of the Hon*"!^ La Montagne and the late officer
Tienhoven, petitioner is referred to the same, to look to the Director
1656] Court Minutes of New Amsterdam. 169
General for his payment. But what is found to have been furnished for
the City's works shall be paid him by the Burgomasters.
The Hon'''.^ Willem Beeckman exhibits, as attorney for Eldert de
Goyer, the judgment pronounced by the Court in favor of him, de Goyer,
dated lo'!' July last against P: van Couwenhoven. As he cannot receive
as yet the payment thereof, requests that the Bailiff be authorized to levy
execution. Whereupon was endorsed — At the request of the Hon"®
Beeckman as attorney of Eldert de Goyer, the Bailiff is authorized to ex-
ecute the aforesaid judgment.
After previous bell ringing, the following Ordinance for a Market
day was published from the City Hall.
The Director General and Council of New Netherland, To all those
who shall see these or hear them read, Health ! Be it known. Whereas
now and again divers wares such as meat, pork, butter, cheese, turnips,
carrots and cabbage and other country produce, are brought to this City
for sale by the outside people; with which being come to the Strand here,
they are obliged frequently to remain a long time with their wares to their
great damage, because the Commonalty, or at least the greater part
thereof, who reside at a distance from the waterside, do not know, that
such articles are brought for sale, which tends not only to the incon-
venience of the Burgher — but to the serious damage of the industrious
countryman, who frequently loses more, than he has expended on his
wares; Therefore being desirous to remedy this evil, the Director General
and Council, hereby ordain, that from now henceforward the Saturdays
shall be Marketdays here within this City, on the beach, near or in the
neighbourhood of Master Hans Kierstede's house,* whereby every one,
who has any thing to sell or to buy shall regulate himself. Thus done at
the Meeting of the Honble Director General and Council, held in Fort
Amsterdam in New Netherland this 12* Septemb' Anno 1656. Under
Stood. By Order of the Hon''!* Director General and Council of New
Netherland. Signed C. V. Ruyven, Sec'y.
Thursday the 21. Sept. 1656. In the City Hall. Present the W
Heeren, N. de Silla, Oloff Stevensen, Jan Vinje, Will" Beeckman, and
Hendrick Kip.
* On the South side of Pearl Str., between Whitehall and Moore.
170 Court Minutes of New Amsterdam. [1656
The exhibits in the suit between Jacob Barsimsom and Allard An-
thony as att'y for skipper Jacob Jansen Huys being examined and re-
viewed, their Worships (except the Hon^l* Silla who has retired and the
Honble Oloff Stevensen) are of opinion, that the skipper or his agent
ought to pay pltf. his loss incurred from stolen goods, on condition, that
pltf. prove the amount. But inasmuch as the Court is not complete, nO'
conclusion is taken, but it is postponed to another Meeting.
Jan Jansen Junior requests by petition permission to tap. Where-
upon was endorsed — Petitioner's request is granted, the same as to other
tavern Keepers.
The Honble President proposes to farm out the Burgher excise on
wine and beer. But it was resolved to postpone the same until the answer
shall have been received to the Petition to the Honble Director General
and Council.
Monday, 25* Sept' 1656. In the City Hall. Present the W: Heeren
N. de Silla, Oloff Stevensen, Allard Anthony, Jacob Strycker, and Hend'k
Kip.
Whereas the sheeting in front of the City Hall, and before the Water-
port on the East River,* and other places thereabout is finished and is.
further continued by others, and it is deemed expedient, not only for the
welfare of this City in general, but of the neighbours resident about the
beach in particular, that the sheeting be altogether erected and completed,
the Burgomasters and Schepens do, therefore, order, and hereby, through
the Court Messenger, give notice to, all those who have any houses or lots
on the East River, between the City port and City Hall properly to line
with sheet planks their lots, according to the executed plan and survey,
between this and the xvii. December next, under the penalty of fl. 25. to.
be paid by each one, who shall fail to perform the same, which shall then
be done at the expense of those remaining in default. Thus done and
ordered in Court at the City Hall at Amsterd"" in N. Netherland this 25
Sept' 1656.
Whereas it is found that many houses, cottages, fences, doors etc.
were made and erected here within this City of Amsterdam in N. Nether-
land, without the knowledge and approbation of the Surveyors, whereby
* Or Gate, Pearl Str., north of Wall.— B. F.
1656] Court Minutes of New Amsterdam. 171
many buildings are found irregular, not only to the inconvenience of the
Commonalty, but to the disrepute of this City ; the Burgomasters and Schep-
ens of said City do, therefore, hereby order, pursuant to previous placards,
that no person shall presume to erect any house, cottage, fence, gates or
such like without first notifying the Surveyors of this City and have
received their survey and approval thereof, on pain of the fine previously
enacted therein. Thus done and Ordained at the Court at the City Hall
of this City of Amsterdam in N. Netherland this 25 Sept^ 1656. and
published the 28'^ Sept'
All and every one who, during the last trouble with the Indians, de-
livered any planks for the erection of the works then, are hereby notified,
that they shall hand in their accounts therefor to the Secretary's ofifice
within 8 days from date, then to examine where the same were used and
to give every one proper satisfaction and contentment. Done this 25*
Sept' 1656, in Court and published the 28'?' Septemb'
Schout N. de Sille, pltf. v/s Cornelis Jansen, Woodsawyer, deft.
Deft, in default.
Hon".^ Jan Vinje present.
Walewyn Vander Veen, pltf. v/s Allard Anthony, deft. Pltf.
exhibits the return and decision of the arbitrators appointed by the Court
over the a/cs between him, the pltf. and Allard Anthony, complaining,
that he cannot yet receive any proper account; requesting, as the ships
are about to depart, that deft. Allart Anthony shall be constrained by
imprisonment by the Court, to render him due account and satisfaction.
Deft, says, he has had, as yet, no leisure punctually to shew all the items
according to the plan of the arbitrators and that they said. . . . The Court
order, that Allard Anthony shall render due a/c to Walewyn Van der
Veen, within four times four and twenty hours after service hereof, accord-
ing to the decision of the arbitrators or in default thereof, the request of
the pltf. Van der Veen is granted.
Walewyn Van der Veen, pltf. v/s Pieter Van Couwenhoven, deft.
Deft, in default. Pltf. appears in Court requesting, inasmuch as he is at
law with Allard Anthony, and therefore suspects him, that he would please
to rise up [from the bench,] but as it is stated that deft. Couwenhoven
is sick, one default only was granted.
Hon''!^ Beeckman, present.
172 Court Minutes of New Amsterdam. [1656
Willem Beeckman, pltf. v/s Pieter van Couwenhoven, deft. Deft,
in default. Pltf. appears in Court stating, that he has arrested certain
monies of Couwenhoven in the hands of Cornells van Tienhoven, for the
fulfillment of the judgment obtained by Eldert de Goyer against him,
requesting, that the arrest shall be declared valid. The Court decided
that a Burgher or his money is not subject to arrest, but the Bailiff was
again authorized to levy execution.
Pieter van Couwenhoven, pltf. v/s Jan Corporal, deft. Both in de-
fault.
Solomon La Chair, pltf. v/s Abram Linthout, deft. Deft, in default.
Solomon La Chair, pltf. v/s John Laurens, deft. Pltf. exhibits
certain writing and by him called a deduction, requesting, that the Court
may be pleased to take in revision the case between him and John
Laurens, whereon judgment has been pronounced, as, he says, he can
give further explanation. The Court accept petitioner in revision, and
order that the party shall obtain copy of the paper to use the same on the
next Court day.
Jacob Schellinger, pltf. v/s Catalyn Joresy, deft. Deft, in default.
Pltf. appears in Court complaining, that deft, is departed beyond his
arrest and summons, which is confirmed by the Court Messenger. De-
fault is granted by the Court.
Aryaen Huybertsen, pltf. v/s Lourens Cornelisen Vander Wei, deft.
Deft, in default.
Frerick Lubbertsen, pltf. v/s Jacob van Couwenhoven, deft. Deft,
in default. Pltf. appears in Court exhibiting a note, signed by J. v.
Couwenhoven for a horse sold and delivered to him. Complaining that
he cannot yet receive his pay. The Court having seen said note con-
demn Couwenhoven, according to the same, to pay pltf. without delay;
or in default thereof he, Frerick Lubbertsen, shall take the horse back
and sell him according to the note.
Frerick Lubbertsen requests by petition in the case instituted by
Jacob van Couwenhoven against him as attorney of Isaack Mens, that
Couwenhoven shall be ordered to deliver him copy of the note signed by
Kilvert, the Acte of the Court Messenger and all the documents in the
case, to answer thereunto, as does more fully appear by the petition.
Whereupon was endorsed — Fiat ut petitur. (Be it done as requested.)
1656] Court Minutes of New Amsterdam. 173
Marretie Lourissen, pltf. v/s Jacob Eldertsen, deft. Pltf. in default.
Deft, appears; exhibits pursuant to order of last Court day, the declara-
tion of M' Hans Kierstede relative to the wound from the dog; and
whereas pltf. is absent, default only was granted.
Resolved in Court, not to farm out the Burgher excise and Slaughter
excise, before and until the endorsement of the Director General and
Council shall be received to the petition.
The exhibits in the suit between Jacob Barsimsom and Allard An-
thony, attorney of Jacob Jansen Huys are again examined and the follow-
ing opinion and judgment rendered: — N. de Silla advises, that the att'y
of the skipper shall pay J*^ Barsimsom the loss, which he shall prove he
suffered. Oloff. Stevensen decides, that the skipper's attorney ought not
to be held to pay, since he did not sign for the goods. The other Magis-
trates (Schepens) decide, that Allard Anthony as atty for the skipper,
Jacob Jansen Huys, must pay here the damage which pltf. Barsimsom
shall prove he has suffered, according to the value, as the skipper, as
master and commander of the ship could and ought to have prevented the
disturbance and loss of the goods, the rather, when the pltf. complained
to and demanded assistance from him and on refusal duly protested against
the skipper, — saving the skipper's recourse against those, who plundered
the goods.
Whereas Jacob Barsimsom, a Jew, has before the Court of this City
sued Allard Anthony in his quality as attorney for Jacob Jansen Huys
skipper, in the year 1654, of the ship the Pear tree, for and because of
certain goods, which one Jacob Aboast, a passenger hither in said ship,
forcibly took from said Barsimsom's chest, which lay under the deck of
said ship and proceeded on shore with the same as they lay at anchor
opposite Wight in England, notwithstanding he Barsimsom complained to
the skipper of said violence, demanded aid against it, and on refusal
thereof has protested. Therefore pltf. concludes, that said Allard
Anthony, as attorney of the aforesaid Jacob Jansen Huys, shall be
condemned to furnish and pay him for the taken goods according to bill,
at the current price here. The Court after having examined and paid
attention to what was material in the papers and documents produced by
parties on both sides after full trial, find by declaration produced, that
pltf. Barsimsom complained of the violence committed on him by Aboast,
174 Court Minutes of New Amsterdam. [1656
a fellow passenger in aforesaid ship, to the skipper as commander there;
requested assistance, which being refused, he duly protested against the
same, and whereas the skipper, as master of the ship on board thereof,
could and ought to have prevented such violence and plunder of prop-
erty, We, therefore, decide, that the skipper is the cause of pltf's
damage and loss, and therefore Allard Anthony, as attorney for the skip-
per Jacob Jansen Huys is condemned, by plurality of votes to indemnify
and pay pltf. for his suffered damage, according to the value of the goods
here, to the extent that he shall have proved to have suffered; saving the
skipper's recourse against the abovenamed Aboast. Thus done and ad-
judged in the Court of the Schout, Burgomasters and Schepens (absent
Joh: Pt^ Verbrugge) this 25 Sept- 1656.
On the 25* Sept' 1656 appeared Allard Anthony, as att'y for Jacob
Jansen Huys, at the Secretary's office of this City and declared to have
appealed to the Director General and Council of New Netherland, on the
date hereof, from the judgment pronounced by the Court here between
Jacob Barsimsom and him the Comparant in his quality aforesaid.
Wednesday, 27'.'' Sept^ 1656. In the City Hall. Present the W:
Heeren N. de Sille, Oloff Stevensen, Allard Anthony, Joh: Pt' Ver-
brugge, Jacob Strycker, and Hendrick Kip.
On the date hereof the endorsement of the Director General and
Council on the petition of the Burgomasters and Schepens dated 11*
Sept' last delivered to the Direct' General and Council was received,
which is as follows: —
To the first point is answered, that the assessment, which the Burgo-
masters and Schepens say the Burghers of this City contributed, was
allowed by the Director General and Council for the discharge of the in-
curred debts; see their Resolution dated ii'-*' October, 1655.
To the 2nd Point is answered; that Burgomasters and Schepens ought
to shew, what imposts and their amount they are disposed to establish to
be sanctioned by the Director General and Council ; whether they are less
burdensome for the Commonalty and can accomplish the discharge of the
debt. Regarding the following Conditions and request for an Acte that
the imposts shall remain now and always to the City, and be disbursed by
the Burgomasters, the Director General and Council consider these con-
¥656] Court Minutes of New Amsterdam. 175
■ditions first, too premature; secondly, somewhat unbecoming; thirdly,
unnecessary.
Too premature; since it is not stated what taxes.
Somewhat unbecoming; to demand a perpetual and everlasting tax,
not resorted to in any place to the knowledge of the Director General
and Council.
Unnecessary; since it is unexampled, that anything was taken from
the Burgomasters and Schepens, that they imposed on the Burghery by
consent of the Director General and Council.
Yet, to satisfy the petitioners, the Director General and Council not
only consent, but deem necessary, that the Burgomasters and Schepens
should deliberate on some ways and means to be introduced with the pre-
vious knowledge and consent of the Director General and Council, the
proceeds whereof shall be received, taken care of or employed for the ad-
vantage of this City and its inhabitants, on condition that the same, like
others, shall be duly accounted for to the Director General and Council,
or their authorized delegates. Done in the Meeting in Fort Amsterdam
in New Netherland the 20'!' Sept' 1656. Understood, By order of the
Hon''!^ Director General and Council of New Netherland.
Signed C. V. Ruyven, Secretary.
Which aforesaid conclusion being examined and considered, the
apostile is found not to agree with the intention of the petition. There-
fore it is postponed until next Meeting.
The Burgomasters inform the Court, that they had been, this morn-
ing, to the meeting of the Director General and Council, and there,
according to agreement, orally requested, that the Director General
should, if possible, remain here, in the existing circumstances of the
Country, and not go to Fort Orange; and that his Honor said he must
necessarily be at Fort Orange; but since the same request is also made
by the Magistrates of Breuckelen, Amesfoort and Middelwout, and it
would, in case of any disaster, be a serious responsibility for his Honor,
he requests, that the Burgomasters and the Hon'';* Councillors would be
pleased to appear at the Fort, in the afternoon, to come to a resolution
thereupon. Which being allowed, the Burgomasters and Schepens there-
fore again adhere to their aforesaid verbal request, and decide that they
cannot assist in drawing up any resolution thereon; but that the Honble
1 7^ Court Minutes of New Amsterdam. [1656
General and his Council can resolve according to their pleasure. And
whereas the Hon''!' Silla says, he attends the Meeting of the Burgomasters
and Schepens to hear their opinion thereupon, it is resolved, that he can
state the same to the Director General and Council. Done, 27'.'' Sept.
1656.
Thursday, 28'.'' Sepf: 1656. In the City Hall. Present the W.
Heeren Nicasius de Silla, Oloff Stevensen, Allard Anthony, Johan. Pt.""
Verbrugge, Jacob Strycker, Jan Vinje, Will: Beekman, and Hend'k Kip.
The endorsement of the Director General and Council on the petition
of the Burgomasters and Schepens being considered in Court, it is finally-
resolved, in order to prevent as much as possible all differences, to write
by the first opportunity to the Hon"" Lords Principals thereupon, and then
to deliver a copy of said letter to the Honble General, and await their
Lordships' rescript thereunto.
Burgomasters report, that they were yesterday sent for to the meeting
of the Director General and Council and that the General after some
reasoning, said to them — If Burgomasters and Schepens will not farm out
the Burgher excise on Wine and Beer and the tax on slaughtered cattle,
that his Honor would cause it to be done; and that his Honor decided,
that both the Company's and the City's Servants as well as the tavern-
keepers should pay the usual Burgher excise.
Which being considered, it is unanimously resolved at the Court afore-
said, that the ordinary Burgher exicse and the tax on slaughtered cattle
within this city shall be farmed out by the Burgomasters tomorrow; and
it is decided that all the tavern keepers shall pay, besides the tapsters'
excise, also the usual Burgher excise, and that no person, as well Com-
panys as City's officers shall be exempt therefrom. Which shall be com-
municated by the Burgomasters to the Hon'''." General, and then they shall
cause the farming to be published from the City Hall as this day has been
done by the following notice.
The Scout, Burgomasters and Schepens of the City of Amsterdam in
New Netherland make known by this ringing of the bell, that they intend,
with the approbation of the Hon^!" Director General and Council, to farm
out the usual Burgher excise of wine and beer, together with the imposed
tax on cattle slaughtered within this City. Should any one have a liking
1656] Court Minutes of New Amsterdam. 177
thereto, he will please to repair at two o'Clock in the afternoon to the
house of Lieut. Daniel Litschoe and then agree to the conditions thereof.
Done this 28. Sept! 1656. Thus done and published from the City Hall.
Present, de Silla, Oloff Stevensen and Joh: Verbrugge.
In the afternoon appeared at the renting besides the Schout and
Burgomasters, also the Hon'''.'' General Stuyvesant and Councillor La
Montague when, after reading the conditions of the farming of the Burgher
excise, the Hon"'' La Montague hearing that the Company's Servants
should also pay the Burgher excise, maintained that such ought not to be,
with whom the Hon'''.'' Silla and the Hon'''." General, who had so decided
the same, differed; wherefore the renting was stopped by order of the
Burgomasters. Done, the 28* Sept! 1656.
Monday, 2 Octob! 1656. In the City Hall. Present the W. Heeren
N. de Silla, Oloff Stevensen, Allard Anthony, Joh: Pt! Verbrugge, Jan
Vinje, Will™ Beeckman, and Hendrik Kip.
Claes Bordingh and Pieter Jacobsen Marius appeared in Court com-
plaining, that they could not yet obtain payment from Jacob van Couwen-
hoven according to judgment, requesting, that execution may be
proceeded with and that they may receive the monies for the lot, sold on
the beach; and since the bouwerie at Gravesend was also exposed for
sale, then the date postponed and will again some day be offered, request
that they may sell it by execution in case it be not sold at voluntary
vendue, in further satisfaction for their remaining debt. The request
being found just, the Court orders Secretary C. van Ruyven, as vendue-
master, to lift the monies from Foreest for the sold house and lot and pay
them to petitioners, as they were sold according to previous order in pay-
ment of the debt; Secondly the Court orders and decides, in case the
plantation at Gravesend shall not be sold by voluntary vendue, or by
some accident may not be sold, that it shall be forthwith sold by the
Schout on execution for the liquidation of the petitioners, or otherwise,
that Couwenhoven shall give immediate satisfactory security, wherefrom
petitioners shall forthwith receive their pay, in full.
Aryaen Huybertsen, pltf. v/s Lourens Cornelissen vander Wei, deft.
Deft's 2^ default. Pltf. appearing in Court, says, that about three months
ago he navigated 2^ months in deft's employ in his yacht, and agreed for
178 Court Minutes of New Amsterdam. [1656
fl. 20 per month to be paid in beavers or tobacco; and whereas to the
present time he has not been paid, requests, that he be constrained
thereunto by the Court, The Court having heard the aforesaid demand,
condemns deft, by virtue of his second default, to deposit with the Secre-
tary the demanded sum of fl. 50. within 8 days from date.
Nicolaes Boot, pltf. v/s Lourens Cornelissen vander Wei, deft. Deft,
in default.
Nicolaes Boot, pltf. v/s Hendrick Hendricksen, Drummer, deft.
Pltf. says, that deft, bought I'one of his hogsheads of tobacco from M'
Willet, which hogshead was brought from Pieter Eesting [Hastings ?] in
Virginia; and whereas the same should be credited to him at its full price
and value, and was not sold for such price, he requests restitution of said
hogshead of tobacco. Deft, says, he is ignorant, that it should be pltf's
tobacco, but that a part of the tobacco was bought from M! Willet and
paid for; and that he has in effect given up the hogshead, which pltf. says
is his, as he received it. Maintaining that it is a matter beyond him;
therefore he ought to summon his seller, M' Willet, who being called is
in default. Therefore — they are ordered to appear, with each other
together on the next Court day.
Sybout Claessen, pltf. v/s Sybrant Jansen and Adolf Pietersen, defts.
For that defts. have failed to construct and make the sheeting, which
they, with him, have undertaken. And whereas parties have no differ-
ence except, that they equally undertook it, the Court orders that they
shall begin all together next Thursday morning, under a penalty of One
pound Flemish to be paid by whomsoever shall remain in default, which
shall then be noted by the Sheriff.
Jan Laurens appears in Court to answer to the petition or deduction
of Solomon La Chair, which was taken up last Court day relative to the
judgment pronounced against him; and whereas he cannot fluently speak
Dutch, he requests, that M' Willet may be his interpreter, which was
allowed. M' Willet, therefore, appeared in Court, who first complained,
in the name of the English Nation, of said La Chair, that he. La Chair,
vilified, in said writing, the whole English Nation as a deceitful people,
saying if such had occurred in New England, that he would not be
suffered to go unpunished; replying, further, as well in English by writing
as orally in Dutch, to the aforesaid La Chair's communication; requests
1656] Court Minutes of New Amsterdam. 179
only expeditious and immediate justice. The Schout requests copy of La
Chair's writing to institute his action against him for the slander; which
was granted, and 't is further disposed of as foUoweth: — Whereas S. La
Chair is admitted to revision of the judgment obtained against him by Jan
Laurence before this Court dated 19. August last, the Court having heard
and examined the papers of La Chair and Jan Laurence's answer, persist
in their previous judgment, and accordingly condemn the aforesaid La
Chair to pay said Jan Laurence within 8 days from date, on pain of execu-
tion; saving La Chair's recourse against Abraham Linthout.
Fredrick Lubbertsen, att'y for Isaack Mens, requests time to deliver
in his papers, inasmuch as the exhibits of J. v. Couwenhoven were placed
in his hands only yesterday evening; which was granted.
On deliberation, whether the farming of the Burgher excise and tax
on slaughtered cattle be proceeded with, it is resolved to defer the same
until the return of the Honble. General, in order first to have a decision
whether the Hon^'^ Company's Ministers shall be exempt or not.
Solomon La Chair appeared this day 7'^ Octob' at the Secretary's
office and declared to have appealed to the Honble Director General and
Council of New Netherland from the judgments pronounced by the Court
dated 19* August and 2"'* Oct* in the case of Jan Laurence against him.
Gillis Pietersen and Isaack Kip. Whereas the fence of your garden *
near the City gate, by the East river, is standing too near the City wall,
to the obstruction of the public and was formerly cut off by the general
survey of this City, you are, therefore, ordered hereby to take in pro-
visionally your fence, so that wagons and horses may conveniently pass.
For what has been formerly cut off, you shall receive satisfaction on the
valuation of arbitrators. Done this 7. October 1656. At Amsterdam
in New Netherland.
By order of the Hon*"!^ Burgomasters of this City. The original
hereof is signed by the President, Oloff. Stevensen.
Monday, 9* Octob' 1656. In the City Hall. Present the W:
* Isaac Kip and Gillis Pietersen, brothers-in-law, acquired, October 29, 1654, a lot
at the N. E. corner of Wall and Pearl Streets. They refused to comply with the above
given order and the City purchased the lot June 30, 1657, to throw it into the present
Wall Str. Valentine, Manual, 1861, pp. 577-8 ; Valentine, Hist, of N. Y., p. 119— B. F.
i8o Court Minutes of New Amsterdam. [1656
Heeren N. de Silla, Oloff Stevensen, Jacob Strycker, Jan Vinje, Will™
Beeckman, and Hendrick Kip.
Schout N. de Silla, pltf. v/s Solomon La Chair, deft. Pltf. render-
ing his demand in writing against deft, for having torn a certain note in
favor of Jan Laurence; 2ndly, for having slandered the whole English
Nation as a deceitful people, which is directly contrary to the articles of
peace entered into between both Nations; concludes, therefore, that deft.
La Chair, shall be condemned to be tied to a stake and whipped, and the
half of his property declared confiscated and that he be provisionally im-
prisoned. The deft, being heard thereupon, acknowledges to have torn
the note, but for good cause, since it contained more than was delivered
and was annulled before another was made; exhibiting certain affidavit to
that effect. 2ndly., relative to the slander; says that he did not utter
that against or to the injury of the English Nation, but had given ex-
pression to it in the case in dispute between him and Jan Laurence; for
which no slander can be imputed to him, as he had no idea of alluding to
the whole English Nation thereby. And whereas S: La Chair is a resi-
dent Burgher and inhabitant here, the Court orders, that he shall provi-
sionally remain a prisoner in his own house, and he was granted copy of
the accusation to answer thereunto in writing within twice 24 hours, when
further disposition shall be made therein.
Nicolaes Boot, pltf. v/s Laurens Cornelisen Van der Wei, deft. Pltf.
demands restitution of a sum loaned to deft. Deft's wife appears in
Court and as her husband is gone to the North and he had no summons
himself requests postponement until the return of her husband. Pltf,
says, he caused summons to be served before deft's departure, whereon
the Court Messenger being heard, declares, that Laurens Cornells had
gone, when he served the summons, and did not, therefore, deliver it to
deft. And whereas Laurens Cornelis'n is expected soon, the disposal of
the matter was postponed until the next Court day.
Hon"." Allard, present.
Mr. Tho's Willet, pltf. v/s Daniel Wythet, deft. In case of arrest.
Deft, in default. The Court Messenger being heard says, that he in
person arrested D! Wythed for M^ Willet and summoned him. Pltf. com-
plains that he had already arrested deft, heretofore, but had released him
through the intercession of the Hon^l^ General. Requests judgment for a
1656] Court Minutes of New Amsterdam. i8r
just book debt. The Court grants the first default and orders pltf. to
bring forward his claim with proof by the next Court day, saving to the
Schout his action for breaking arrest.
Cornelis Dircksen Hoochlandt, pltf. v/s Wolfert Gerritsen, deft.
Deft, in default. Pltf. appeared in Court exhibiting the note signed by
deft, and as he is importuned by his creditors, requests payment thereof.
But inasmuch as deft, is an inhabitant here, he was granted first default.
Walewyn Van der Veen, pltf. v/s Pieter Van Couwenhoven, deft.,
says, that deft, owes fl. 5S7. 6. to B: Van de Water dec"^; namely for
three distinct transactions. One, for cargoes fl. 511. whereof remains a
balance fl. 396. 18; 2ndly, an item being a balance of a note in favor of
Joh: de Peyster for fl. 151 payable in beavers. 3rdly, an item according
to the books of B: van de Water, dec"* of fl. 47. 8, Avhereon 2 beavers are
paid, remain fl. 31. 8. Amounting together to the aforesaid fl. 587. 16.
He requests, that deft, shall be condemned to pay him, as husband and
guardian of B. Van de Waters widow, said monies, as the ships lie ready
to sail. Deft, acknowledges to owe only a balance of fl. 334: 6. for car-
goes, which he oft'ers to pay; claims that the commission, which has been
deducted, belongs to him, since B. Van de Water promised him, that he
should satisfy him, if he sold the said goods; and pltf. himself allowed
commission. Pltf. replying thereto; says, he will allow commission, if
punctual a/c be rendered him of the goods sold, as he can well prove, that
some of the goods were sold higher than they are entered on the a/c.
Deft, acknowledges the same, but says, that he has not received his pay
from many and is not bound further than for the price paid him.
Secondly, deft, says, that he bought the goods for the note in company
with David Provoost dec'? and has paid his part to B. A^an de Water him-
self. Pltf. demands receipt for payment. Deft, says, he has the receipt
but cannot find it, but can prove it. Johannes de Peyster being heard
thereon in Court, declares that Pieter Van Couwenhoven told him, he had
a receipt, but has no knowledge that he has paid, but that D. Provoost
gave an attestation thereof, which purported that he, D. Provoost, de-
clared, according to the best of his knowledge, that he had heard B. Van
de Water say, that Pieter Van Couwenhoven had paid him, without naming
the sum. Thirdly says, he also paid the demanded fl. 31. 8 of book debt
to B Van de Water himself; of which pltf. demands proof. Parties being
1 82 Court Minutes of New Amsterdam. [1656
heard, the Court orders deft. Pieter Van Couwenhoven, to prove by the
next Court day, that he satisfied B. van de Water for the note and book-
debt, or in default thereof to pay pltf. the same. As to the matter of
commission for the cargoes, parties were referred to two arbitrators namely
Sieurs Joh: d'Peyster and Corn^ Steenwyck, to reconcile parties thereon,
and to report to the College.
Johannes d'Peyster, pltf. v/s Jacob van Couwenhoven, deft. Pltf.
demands payment of fl, 145. 12. 8, being a book debt now due 2 years
according to a note dated 3o*^ Oct' 1655 and requests that deft, be con-
demned to pay him in beavers or tobacco, without delay according to said
note. Deft, acknowledges the debt; promising to pay pltf. before the
departure of the ships lying here. Parties being heard, deft, is condemned
to pay pltf. within 3 weeks from date according to obligation.
Whereas the acc'ts for the planks delivered have not been yet
brought in according to the order published from the City Hall, it is,
therefore, resolved to cause the same to be cried by the Crier, so that
satisfaction be given to everyone; which is was decided should be done
by assignment on the persons, who have not yet paid the promised or
assessed monies according to the voluntary subscription.
Jacob van Corlear requests by petition preference of payment from
J. van Couwenhoven's bouwerie sold at Gravesend; whereon Jacob van
Couwenhoven having been sent for and heard in Court, it was endorsed —
Whereas J. v. Couwenhoven says, he has paid some of the demanded
a. 200. and maintains, that he, Corlear, has no preference, it is therefore
ordered, that copy of the petition shall be granted to J. van Couwenhoven
to answer thereunto within 3 days from date.
Jacob van Couwenhoven presents a petition to the Burgomasters
and Schepens, wherein he communicates his circumstances and the con-
siderable loss at which his property would be sold at auction in payment
of his creditors. Requesting and praying that the W. Court will please
defer the execution, whereof order hath already been issued or may yet
be given, until he can sell his goods at a fair price. Whereon is endorsed
— Petitioner's circumstances and request being considered the Schout is
ordered, according to the custom of our Fatherland, to defer the execu-
tion on the mortgage passed in favor of Claes Bordingh and Pieter Jacob-
sen Marius until All Saints day next, on condition, that they shall enjoy
1656] Court Minutes of New Amsterdam. 183
the interest thereon, when without further postponement or exception,
the execution shall take its course by public ringing of the bell.
Jores Wolsey requests by petition to be allowed to tap in M' Aller-
ton's house. Whereupon was endorsed — For reason petitioner's request
is now denied.
The Court having seen the decision of the Schout and Street Inspect-
ors of this City appointed, regarding the dispute between Symon Joosten
and Sieur Augustyn Heermans about a certain lot, adjudge, that Symon
Joosten is fully satisfied, wherefore he shall be content with the lot meas-
ured out to him, without entering any further suit against Augustyn Her-
mans therein.
Evert Duycking requests by petition to be mformed, from whom he
is to receive payment for the glass, which he put in the Church for
Schout, Burgomasters and Schepens, demanding 24- beavers for each.
Whereupon the Court decides, that petitioner shall go to each one, for
whom the glass was, for his payment either in trade or as he can agree for
the same.
The carpenters of the sheeting before the lot alongside the City Hall
appeared in Court, requesting, that the Court may order, how far they are
to erect the sheetpiling and who shall defray the expence for Jochem
Pietersen dec'*'^ lot. Whereupon it was decided, that the Burgomasters
shall inspect the same and dispose thereof.
Claes Bordingh appeared in Court prosecuting the arrest of the horse
and all that Wolfert Gerritsen has on his bouwerie, which is mortgaged to
him; — requesting that the arrest be declared valid. The request being
found just the said arrest is by virtue of the mortgage declared valid
against so much as belongs to the arrested Wolfert Gerritsen. The
further request of Claes Bordingh, that he may have all the monies of the
sold bouwerie at Gravesend, was postponed until next Court day. Also,
that the execution of Jacob v. Couwenhoven may be proceeded with, was
referred to the endorsement granted on date hereof, at the request of
Jacob vail Couwenhoven.
Jacob Calf appeared in Court requesting in his quality as attorney
for Cornelis Schut, that the Court will please to consent, he might sell by
execution the house and goods of Caspar Verleth for the payment of his
debt, inasmuch as Verleth has failed to appear according to previous
i84 Court Minutes of New Amsterdam. [1656
order, or to prove, that he paid. Whereas Verleth is expected very soon,
it was postponed to a future occasion.
AUard Anthony requests explanation of the judgment pronounced by
the Court between him and W. van Veen, regarding the sending of the
returns since Van der Veen's arrival, inasmuch as W. v. Veen refuses to
allow the same to avail in the a/c. And whereas the time has expired,
petitioner is ordered to put his request in writing and to deliver it in by
the next Court day to be then disposed of.
Thursday, 12. Octob' 1656. In the City Hall. Present the W:
Heeren, N. de Silla, Oloff Stevensen, Allard Anthony, Jacob Strycker,
Jan A'inje, Will'" Beeckman, and Hendrick Kip.
Regarding the slanders uttered by Geert, the wife of Geurt Coerten,
against Mde Beeckman and Cornells Steenwyck, are, this day, heard and
examined as witnesses at the request of the Schout: Wyntie Elbertsen,
wife of Aert Willemsen, Marretie Pietersen, wife of Pieter Lourissen, and
Mary de Truwe, wife of Jan Peeck, who have made their declaration as
more fully appears by the blotter of the register.
Solomon La Chair answers in writing to the demand of the Schout
De Silla, which being read in presence of the pltf. in Court, he persists,
for reply, in his entered demand and conclusion. And whereas the
Hon*"'.^ d' Silla in reply persists in his proposed demand and conclusion,
Solomon La Chair is therefore ordered to answer in return by next Mon-
day or to renounce from further production, when the matter shall be dis-
posed of. Meanwhile he is provisionally released from confinement.
Jacob van Corlear appears in Court relative to his previous demand,
to deduct fl. 200. due to him from Couwenhoven, from the purchase
money of the bouwerie at Gravesend. Whereas J. v. Couwenhoven re-
mains in default to answer Corlear' s demand, pursuant to last Monday's
order, he is sent for and appears in Court saying, he has no written answer
ready, but promises to pay Corlear his debt and to give bail therefor.
Corlear persists in his demand of payment according to obligation, or that
he may have his recourse against the proceeds of the bouwerie. Jacob
van Couwenhoven was ordered by the Court to pay Jacob van Corlear in
three days according to the contents of the note.
Wallewyn van der Veen appears in Court, saying he had something
1656] Court Minutes of New Amsterdam. 185
to propose to and request of the Court, relative to Allard Anthony, de-
manding that Allard Anthony may be, first, ordered to stand aside.
Allard Anthony maintains that he is not bound to stand aside [from the
Bench] and whereas W. van Veen requests, that the Court will please to
deliberate thereon, the Court therefore decide, that Allard Anthony is
bound to stand aside; Wherefore W. van Veen appeared alone in Court
complaining, he was put off by Allard Anthony to the present time, and
cannot bring about any conclusion; all to his great loss and damage, ex-
hibiting certain a/cs and documents; requesting firstly, commission in
beavers of four @ five hundred guilders, or so much as the Court shall
find proper. Secondly, that Allard Anthony shall be ordered to give
security for what shall be found to belong to him. Whereas it does not
yet appear to the Court what and how much belongs to the petitioner from
Allard; and that Allard maintains to have overpaid, it was therefore
decided by the Court, that no disposition can be made on petitioner's
request before and until the arbitrators shall have given in their opinion in
the matter, which being exhibited further attention shall be given to the
petition. Meanwhile Allard Anthony is ordered not to detain the peti-
tioner any longer, but to render due a/c pursuant to previous order.
Monday, i6* Octob' 1656. In the City Hall. Present the W:
Heeren N. de Silla, Oloff Stevensen, Joh: Pt- Verbrugge, Jacob Strycker,
Jan Vinje, Will"? Beeckman, and Hend"^ Kip.
Cornells Dircksen Hoochlandt, pltf. v/s Wolfert Gerritsen, deft.
Pltf. demands payment of fl. 400. in whole beavers according to note
dated 19 June 1656, which should have been paid two months after date.
Deft, acknowledges the debt; says he sold a horse and that he will pay fl.
100 in beavers, this day, in part payment of the demand; saying he
agreed to pay half in beaver and half in tobacco, which he promises to
fulfill in three weeks. Pltf. replying, acknowledges, to have first agreed
for half tobacco, but as he must remain longer waiting for his pay, he
promised to pay all in beavers according to obligation. The Court having
heard parties, condemn deft. Wolfert Gerritsen, to pay pltf. according to
the note, within three weeks from date, in beavers or in such pay as shall
satisfy pltf.
Walewyn van der Veen, pltf. v/s Pieter Van Couwenhoven, deft.
1 86 Court Minutes of New Amsterdam. [1656
Pltf. demands proof, pursuant to order of last Court day, that his claim
was paid as then stated, or payment thereof. Deft's wife appeared in
Court because her husband lies sick abed, exhibiting her husband's book
in proof of payment having been made, saying that her husband offers to
confirm the same under oath; and if this is not satisfactory, requests time
for further defence, until her husband be somewhat better. Whereas deft,
is sick, the Court postponed the matter until next Court day.
Honble. Allard present.
M' Jacob Hendrick Vervanger, pltf. v/s Will"? Pietersen, deft. Pltf.
in default.
Will" Pietersen, pltf. v/s Saertie Schepmoes, deft. Pltf. as attorney
for Hendrick Jansen Patervaer by procuration dated 2o'^ October 1654,
passed before the Notary Piet^ Fransen and certain witnesses at Alkmaer,
requests payment from deft, of fl. 304. balance according to said procura-
tion and for certain goods received from Holland and charges thereon for
fl. 17.: and that with all cost, damages and interest. Deft, demands
clear explanation and proof of pltf's claim, inasmuch as he maintains it is
otherwise. The Court having seen the note of fl. 223: 17 signed by
Schepmoes dec"? and heard the further difference of parties, order that
parties shall bring in their papers and proofs on both sides, against next
Court day, when further disposition shall be made therein.
Pieter Jacobs" Buys, pltf. v/s Daniel Teneur, deft. Deft, in de-
fault. Pltf. appears in Court, saying that he arrested in the hands of
Allard Anthony fl. 25, belonging to deft., which are due him. Requests
that the arrest be declared valid and that he be allowed to lift the money.
The Court Messenger being heard thereon declares, that he in behalf of
Buys, arrested deft. Daniel Teneur here in person for the claim aforesaid;
and whereas Daniel Teneur told him, the Court Messenger, that pltf.
may take the money from Allard, he again released him from arrest.
Wherefore pltf. was allowed to lift the arrested monies.
Roelof Jansen Vonck, pltf. v/s Claes Tysen, deft., says, that he sold
to deft, about a year ago 211 lbs. raisins @ 9^ stiv"? the lb. in beavers;
and that he received thereupon 2| beavers; requesting that deft, be con-
demned to pay him the balance of his debt. Deft, acknowledges to have
received from pltf. other goods besides the tub of raisins; but that pltf.
had given him all that, on commission to sell for him at Fort Orange, and
1656] Court Minutes of New Amsterdam. 187
that he entered the raisins @ gl stiv. the lb., but that he had left the
raisins with Aryaen Symonsen, who had sold to the amount of 21 beavers,
which he gave pltf., and he has back the remainder of the raisins, to
deliver them. Denying expressly that he bought the raisins absolutely,
or had any thought of such a thing, but that Aryaen Symonsen said to
him, that he should incur no loss by them; and therefore, he promised
pltf., on the statement of Aryaen Symonsen, that he should not lose by
the transaction. Pltf. being further heard, offers to declare on oath, that
he absolutely sold the raisins in question to deft. Deft, being also
heard apart thereupon, offers in like manner to swear, that he did not buy
the raisins, but merely took them on commission. Parties and their re-
spective offers to swear being heard, it is ordered that pltf. shall prove by
next Court day, that he absolutely sold the raisins in question to deft, and
did not give them on commission.
Solomon La Chair, pltf. v/s Abram Linthout, deft. In case of arrest.
Pltf. demands payment of fl. 78. 2. balance of a/c, copy whereof he ren-
dered to deft, and delivered into Court, except interest and costs of the
yacht, and Jan Laurence's claim for the butter in question. Deft,
requests copy of the demand and a/c. to answer thereunto by the next
Court day. The Court granted deft, copy; meanwhile the arrest was
declared valid.
Pieter Luyckersen, pltf. v/s Solomon La Chair, deft., demands pay-
ment of fl. 30. balance of the yacht, //z<f Feartree, sold to deft, by pltf's
brother. Deft, exhibits by a/c, that he paid pltf's brother to within fi. 7.-
19, inasmuch as he paid for the gun, that was lost and for \ barrel of beer.
Pltf. requests proof. Therefore deft, is ordered to prove, by next Court
day, that the gun was lost before the delivery of the yacht.
Erasmus Pietersen, pltf. v/s Evert Jansen, deft. Deft, in default.
Pltf. appears in Court complaining, that deft, his skipper, had discharged
him from his yacht without reason ; tore his clothes and refused him his
wages — Requests an order to arrest him. The Court consents that pltf.
may arrest deft, in order to receive justice.
The Schout de Silla requests order from the Court to arrest the per-
sons, who should testify to the truth relative to the slander of Geurt
d'Carmans wife, who will not appear, when summoned and absent them-
selves from home; which he was allowed to do.
1 88 Court Minutes of New Amsterdam. [1656
Sellout N. de Silla, pltf. v/s Cornells Jansen, woodsawyer, deft. Pltf.
says, that deft, drew a knife one Sunday morning, at day break in Schout
Tienhoven's time, and therewith cut a soldier in the cheek; concluding, that
deft, shall be condemned, according to the regulation of Amsterdam and
placards enacted here, in a fine of fl. 300. or in default of payment to be
put to hard labor, \jnde Wageti U gaen] and in the meanwhile to be placed
in confinement. Deft, acknowledges to have cut a soldier in the face
with a knife, but complains, that the same soldier standing before Hans
Styn's door, had first cut at him four different times, as was shewn by
the marks in his clothes, hat etc. in Schout Tienhoven's time; and that
he was obliged to defend his life. And whereas deft, complains and re-
monstrates, that he only defended his life, pltf. was ordered to cause the
said soldier to be summoned, as well as the aforesaid woodsawyer, by
the next Court day, before the Burgomasters and Schepens, to be then
heard together, and to be finally disposed of.
Solomon La Chair, replying to the demand of Schout d'Silla, which
being seen, the disposal thereof was postponed until the next Court.
Walewyn van der Veen, pltf. v/s Allard Anthony, deft. Pltf. says,
that when he was for the first time before " good men," the difference
was referred by Allard to the same arbitrators, and in like manner made
such an offer for the second time; but whereas the circumstances of the
case were not then known to pltf. he then refused it. Finally and for the
third time, being together last Friday before the arbitrators, the good men
furnished an account, provisionally, from the vouchers and papers de-
livered in by Allard Anthony, whereupon his, pltf's a/c was examined
with the vouchers and papers demanded therefor; then Allard refused to
refer the difference to the arbitrators, wherefore they made a report as
pltf. exhibited and as is read in Court in deft's presence. Requesting,
since the Schepens are about to leave and he cannot obtain any despatch
to this time, that the Court will please constrain deft., Allard Anthony, to
pay him forthwith his due according to the decision, and meanwhile to
give two sufficient securities, or to assign the payment to the Court failing
wherein, detention or security of his person and further provision accord-
ing to his demand made on 12* Octob' last. Deft. Allard Anthony
answering acknowledges, that he referred the difference the first and
second time to arbitrators and submitted himself to their decision; but as
1656] Court Minutes of New Amsterdam. 189
Paulus Schrick afterwards told him that W. van der Veen was present,
when the arbitrators drew up the a/c, he found partiality therein, sus-
pected them and consequently with reason refused to submit the difference
to them. As for the items in the report of the good men; namely the
two entries of Elbert Elbertsen and Dominie Megapolensis, says he did
not receive them. Of the dec"? B. van Water's furniture, says that he this
day spoke about it to Pieter Prins, since he received it from Litschoe;
says it is an abuse, as it was received by Prins; of Jacob Haey he says,
that there is one item of fl. 58. for his own a/c, and not received for Van
de Water. Exhibiting, in brief, what he received in beavers, tobacco,
and zeewan and when he sent the tobacco away. Requesting by petition
the Court to decide, whether the tobacco sent shall avail as returns and
that he may receive his overpaid monies. And whereas parties have not
inventoried nor numbered their vouchers and papers, the same are again
returned to them and each party in particular was called in to be asked,
whether he consented to settle the difference by arbitration, in as much
as no clear idea could be formed on either side. Allard Anthony being
heard on the adjustment of the case by arbitration, answers: He is abso-
lutely willing to refer the matter to arbitrators on this condition, that one
shall be chosen by him and one by W. van der Veen and that a third be
commissioned by the Court, to examine and adjust the matter independent
of previous arbitrators. Walewyn Van der Veen being, in like manner
heard in Court and informed, that Allard Anthony refers the difference to
arbitrators, answers unhesitatingly, that he is willing to refer the difference
absolutely and again to arbitrators, but to those previously appointed, who
already have a knowledge of the matter and cannot be rejected, and that
in addition one shall be chosen by each. Order. Whereas parties, to
wit — Wal" van der Veen and Allard Anthony after divers debates in
Court, are mutually willing to refer their differences to impartial arbitrat-
ors, Therefore the Court decide and order, that they shall each select one
arbitrator in addition to the previously appointed arbitrators, whereunto
shall be adjoined one umpire from the Court, by whom, under proper
compromise, all difference of parties shall be absolutely adjusted. Done
this I6'^ Octob' 1656. in Court at the City Hall.
Walewyn van der Veen appears before the Secretary, choosing on his
side pursuant to preceding order of the Court, Sieur Piet' Jacobsen Buys
All, Joh: Pt^ Verbrugge.
190 Court Minutes of New Amsterdam. L1656
as arbitrator on his side, Allard Anthony, in like manner, Paulus Leen-
dertsen vandie Grift.
Pursuant to Acte dated i6* Octob' last, the President of the Schepens,
Joh: Piet' Verbrugge, was by plurality of votes appointed by the Court
from their College as umpire touching the differences between Walewyn
van der Veen and Allard Anthony. Done, this 17* Octob^ 1656.
Votes:— the Hon".^ Oloff,
" " Strycker,
" " Beeckman,
" " Kip.
Allard Anthony requests by petition explanation of the judgment
regarding the returns made by him previous to the rendering of the
verdict between him and W. van Veen, whether the same shall avail in
the a/c or not. Whereupon was endorsed — Whereas the difference of
parties relative to a/cs. was yesterday absolutely referred to abritrators,
the petitioner is therefore referred to them, to bring before them all his
actions, and await their decision thereupon whether said tobacco shall
avail in the a/c or not. Done, the 17* Octob- 1656. Present the above-
mentioned 4 Magistrates.
On the 18'.^ Octob' Afternoon. In the City Hall. Present the W.
Heeren N. de Silla, Oloff Stevensen, Joh: Pt' Verbrugge, Jacob Strycker,
Jan Vinje, Will" Beeckman and Hendrick Kip.
Whereas Sieur Walewyn van der Veen requested this meeting in order
to propose to and demand something of the College, therefore the afore-
said Van der Veen is called in, who exhibited what the chosen and ap-
pointed arbitrators had done in the matter between him and Allard
Anthony and requested, that the Court would be pleased to examine the
papers delivered therewith by him, and to dispose finally of them. The
Court having deliberated on the petition dispose as follows: — Endorse-
ment on the petition of W. van der Veen. The Court persists in its
decision dated 16*.'' Oct- last as to the arbitration, granted according to
the request of parties; and whereas Allard Anthony notwithstanding he
had nothing to object to the previously appointed and chosen arbitrators
before the Magistrates had commissioned an umpire, yet he refuses to
sign the compromise pursuant to the order of the Court: Therefore he.
1656] Court Minutes of New Amsterdam. 191
Allaid Anthony, is hereby ordered to sign within 24 hours the com-
promise, or in default thereof the aforesaid arbitrators are authorized to
adjust the matter finally (except their costs). And meanwhile Allard
Anthony is ordered to enter such sufficient bail to fully pay, on the deci-
sion of the arbitrators, W. van der Veen, before the departure of the
vessels lying here ready to sail. Thus done and concluded at the extra-
ordinary session in the City Hall at Amsterdam in N. Netherland, this i8h
Octob : 1656. Oloff Stevensen advises that the Hon"" General shall, for rea-
son, be invited to attend in the case together with the former arbitrators.
Friday, the 2o'^ Octob' and Saturday, the 21'.' Oct- 1656. In the
City Hall were assembled The Hon*"!" Gen'l Petrus Stuyvesant, Johan-
nes Pt!" Verbrugge, Jacob Backer, Paulus Schrick, Paulus L. Van der
Grift and Pieter Jacobs: Buys, engaged relative to the difference
between Walewyn Vander Veen and Allard Anthony, when the following
decision was agreed to: —
We, the undersigned arbitrators, having reviewed and examined, in the
presence of the Hon''.'" Director General Petrus Stuyvesant and the
Hon'''." Schepen Joh: Pt^ Verbrugge as umpire, the accounts and other
claims exhibited on both sides to us arbitrators, between Walewyn van
der Veen as husband and guardian of Elisabeth de Maersman, widow of
the late B. van Water, and by virtue of a procuration as attorney in behalf
of the heirs of dec? Benjamin Van de Water, pltf., and Allard Anthony as
substituted administrator of the goods and merchandize left by B. Van de
Water, appointed before his decease, have found, after having disposed
of whatever Walewyn van der Veen had submitted to the consideration of
us arbitrators, as more fully appears by the answers rendered on said
points from the writings delivered by the parties, that Allard Anthony by
balance and closing of a/cs is indebted to Walewyn van der Veen, for
sale of goods and receipt of debts, to wit: — Eighteen hundred and forty
nine guilders and three stivers in beavers; and credited ninety six guilders
ten stivers in tobacco, which being deducted, leave seventeen hundred
and fifty two guilders and thirteen stivers in beavers ; and in zeewan the
sum of fourteen hundred and six guilders, twelve stivers, besides the
restoration of the porcelain goblets, silver rummer and gold ring, as more
fully appears by the a/c thereof drawn up by us; together with the addi-
192 Court Minutes of New Amsterdam. [1656
tional sum of fl. 397. 10. for outstanding debts — Dominie Megapolensis
thirty two guilders; Elbert in the Bay thirty two guilders; Jacob Haey
fifty eight guilders, ten stivers; Mr. Scharborgh (whereof the bail bond
is to be given to Sieur Vander Veen) seventy four guilders; and Pieter
Taelman, the note to be given to Vander Veen, being fi. 201., whereof
Allard Anthony shall make an assignment to Walewyn van der Veen, or
satisfy him therefor. Regarding the difference relative to the tobacco
sent to Sieur Glimmert by Allard Anthony, since the arrival of Vander
Veen, the arbitrators decide, that the same shall remain for the a/c of Al-
lard Anthony. Regarding the ten tubs sent to Van der Veens wife, amount-
ing, with the charges, according to the conclusion of the arbitrators, to fl.
1070. 16., it is decided, that the half thereof shall remain for the a/c of
Allard Anthony, on condition that W: van Veen shall enter good and
sufficient security for the fairness of the a/c and reliqua of the proceeds;
and that said Allard Anthony be credited for the other half, and moreover
shall be charged to Van der Veen's a/c the sum of four hundred guilders,
being the aforesaid ten tubs of tobacco, estimated and valued by the
arbitrators below the ordinary price, inasmuch as five indifferent tubs
bought from one Mr Kilvert at a lower rate were included therein ; and
Allard Anthony is allowed moreover his choice either to retain the said 5
tubs to himself or to charge the same in a/c for the aforesaid fl. 400., who
thereupon replied, that he would prefer letting them go to a/c for the
aforesaid fl. 400. They were accordingly entered in the a/c. The claim
for the nine tubs of tobacco sent Anno 1655, four in the Black Raven, and
sold according to the entry of Van der Veen at a small price, pltf. Van-
der Veen bringing in neither proof nor reason, why said tobacco was sold
at so low a price, and the arbitrators being informed that much tobacco
in said ship, the Raven, was inferior to the sample, the arbitrators unani-
mously decide, that said tobacco and average thereof remain to pltf's
profit and loss. The 5 tubs of tobacco shipped by the Bear, whereof were
examined the a/c sales under Letter I. N° 2, exhibited by pltf. to the
arbitrators, they adjudge, that according to said exhibited a/c, the said
tobacco was delivered in tolerably good order, and therefore shall also
remain undisturbed to the a/c of the undertaker. As to the claim for the
interest of'one thousand guilders, money furnished to Cornelis van Tien-
hoven; the same was found to be now three years due and the arbitrators
1656] Court Minutes of New Amsterdam. 193
decide, that interest is due thereon, which was taxed at two hundred
guilders and Allard Anthony is debited for it in the a/c current, saving
his recourse against whomsoever he furnished it to. But from the claim,
that the returns of said thousand might now be diminished Allard Anthony
was released, inasmuch as no interest and damages from returns can be
allowed. The claim for some brandies and trifles are found by arbitrators
to be, for the most part, made good in the a/c, and that the remainder
was shared and consumed in dec** B. Van de Water's company and is of
no importance; therefore not accounted. The claim of W. Vander Veen
for damages and interest for having long retained the received beavers
being examined, they find by a/c, that the greater part thereof were re-
ceived in the year 1653 and 54, whereto Allard Anthony said, that the
same were received by Pieter Prins and remained with him. And
whereas the beavers ought to have been sooner sent for the returns, the
arbitrators decide, that interest is due thereon, which is, therefore, esti-
mated and taxed at 250 guilders. This is debited in the a/c current.
Whereas it is found, that the zeewan received for goods and still on hand,
might have sooner been sent for and converted into goods, it was decided
that Allard Anthony shall pay one hundred guilders for it, which appears
in the a/c. The claim for loss of time: arbitrators decide, that the same
shall remain at each one's expense. Concerning the expense incurred
since the 28* July last, when judgment was pronounced by the Court, in
extraordinary meeting, appearance, copying, etc., however it may be
called — arbitrators decide, that particulars thereof shall be exhibited and
duly taxed within three times 24 hours, whereof Walewyn Van der Veen
shall pay, according to taxation one third, and Allard Anthony two thirds.
Thus done by US the underwritten arbitrators in the presence of the
Right Hon^!* Director General and the Hon^l^ Schepen Johannes P' Ver-
brugge; done and subscribed this 23'? October A° 1656. Amsterdam in
New Netherland. Was undersigned Jacob Backer,
Paulus Schrick,
P. L. Vandie Grift,
Pt' Jacobs Buys. !
Lower Stood; In the presence of us undersigned
P. Stuyvesant,
Johannes P' Van Brugh.
194 Court Minutes of New Amsterdam. [1656
Monday, 23*? Octob' 1656. In the City Hall. Present the W:
Heeren, Nicasius de Silla, Oloff. Stevensen, AUard Anthony, Johannes
Pt- Vanbrugh, Jacob Strycker, Jan Vinje, Will'!': Beeckman and Hen-
drick Kip.
Schout d' Silla, pltf. v/s Egbert van Borsum, deft. For the deft,
having conveyed over to Long Island one Daniel Wythet under arrest
here in this city. Deft, appearing in Court, says he was ignorant, that
Daniel Whithed was arrested, inasmuch as the Court Messenger Claes van
Elslandt, when he was about to cross over, came along the Heights and
beckoned with his cane, and had some words with D : Wythet, who there-
upon answered, 'T is Well. Declares he was not forbidden. The Court
Messenger being heard thereupon, says that he wished to arrest D,
Wythet, and not succeeding saw him crossing in the Ferryboat and
beckoning to him, called out that he arrested him ; and that he thereupon
answered 'T is Well. The Court finding the arrest not duly made, nor
any probition to deft, dismisses the Schout's action ag'st deft.
N. de Silla, pltf. v/s Solomon La Chair, deft. Whereas it is stated
that deft, is sick, he was excused by the pltf. himself.
Schout N. de Silla, pltf. v/s Michel Jansen, deft., says, that according
to the Hon*"!^ General's orders, he had visited around and discovered
at deft's house, in the evening, after bell ring, some soldiers and sailors
drinking, and that previous to this some windows were broken through
the night ; requesting, that deft, shall be condemned in the fine and
penalty according to enacted placards. Deft, acknowledges, that when
pltf. came to his house, two soldiers sat and played at backgammon, and
that there were 3 sailors, who waited for their skipper; the others were
his waiters, but that they had not tapped after bell ring, only they had
their cans by them and sat chatting, and that nine o'clock had only struck.
Whereas there are many parties, the disposal was postponed until next
Court.
On the demand of the Schout d' Silla regarding the slander of Geurt d'
Carmans wife on Madame Beeckman, were heard and examined in Court.
Laurens de Drayer and ] who made their declaration in Court as more
Hend'k van Doesborgh ) fully appears by the blotter of the Register.
Jacob Schermerhoorn, pltf. v/s Paulus Schrick, deft. About differ-
ence of payment of rent. Pltf. as attorney for Gillis Pietersen demands
r656] Court Minutes of New Amsterdam. 195
payment in current goods. Deft, maintains, that he can satisfy with
zeewan and that such is current payment. The lease being exhibited,
't is found that current pay or goods is promised, whereupon question
being put, the Court decide by a plurality of votes that good zeewan is
current pay here at this place, and that deft, can, therefore, pay therewith
according to agreement.
Votes: — The Hon''.'* Oloff decides that beaver or merchandize is current
payment.
" " Allard decides that good zeewan is current pay.
" " Joh: Verbrugge decides inasmuch as current pay or
merchandize is stated, that he pay half in good
zeewan and half in goods.
J. Strycker decides that good zeewan is current pay.
Jan Vinge — the same. Good zeewan.
W. Beeckman — the same. Good zeewan.
Hend'k Kip — votes with majority.
Walewyn Van der Veen, pltf. v/s Pieter van Couwenhoven, deft.
Because deft, will pay him for goods sold in broken and loose zeewan, he
maintains, that he must have good stringed zeawan, and also that deft,
shall prove, pursuant to previous order, that he paid the remaining fl. 154
balance of the note in beavers and fl. 31 of book account. Deft, says on
the first; that zeawan is receivable for goods; secondly, that he paid ac-
cording to his book; offers to confirm the same by oath. Pltf. maintains,
that the book cannot be received ; as no day or date of payment is men-
tioned; and one entry of fl. 48. stands as paid on the note more than
appears by the particulars in the book. The Court deliberating thereon,
the following opinions were provisionally given : —
The Hon''!* Oloff decides that P. V. Couwenhoven can confirm by oath.
" " Allard and Verbrugge, partially.
" " Strycker decides, that he can confirm on oath.
" " Beeckmans that he can confirm by oath.
" " Kip — — Item.
Walewyn Vander Veen, pltf. v/s Elbert Elbertsen, deft., demands
payment of 2 beavers due by deft, according to B: Van Waters a/c.
Deft, says, that he paid 4 beavers to Allard Anthony as B: Van Waters
administrator, at Jacob V. Couwenhoven's house; present, his wife. Allard
196 Court Minutes of New Amsterdam. [1656
Anthony denies the same as it does not appear from any book, requests
proof either from Couwenhoven or otherwise. Offers then to pay it.
Deft. Elbert Elbertsen offers as accommodation to give the money, but
when the Court decide, that he is bound to swear, he is ready. Parties
being heard and the matter being examined the Court decide, that Allard
Anthony shall confirm his book by oath and declare he has not received,
or by refusal thereof to pay pltf. This being pronounced before the
adjournment of the Court, Allard undertook to pay the half, and pltf. is
therefore content.
Jan Barentsen, pltf. v/s Harmen Smeeman, deft. Carsten Jansen,
as pltf's attorney, according to a billet or little letter from Jan Barentsen,
appearing in Court, requests payment of fl. 65. 10. Deft, acknowledges
the debt, offering payment, but says, that pltf. arrested his peas in the
straw and he therefore cannot thrash them to make money and pay pltf.
Parties being heard, the Court decide, that deft, shall have 8 days from
this date to pay pltf. Meanwhile the arrest was declared invalid, as the
deft, is a Burgher here.
Jacob Crap, pltf. v/s Wybe Jacobsen, deft. Deft, in default. The
Court Messenger being heard, as to whether deft, is under the jurisdiction
of this Court, it was found that he is, and therefore first default is granted.
Jacob Crap, pltf. v/s Teunis Tomassen, Mason, deft. Pltf. as
husband and guardian of Gertruyt Jacobsen, late widow of Roelof de
Haes, demands payment of fl. 125. 11. according to the books of aforesaid
R. d'Haes. Deft's wife appears in Court, requesting copy of the demand
and a/c to answer thereunto, which the Court grants her.
Willem Pietersen, pltf. v/s Sara Pietersen Schepmoes, deft. Relative
to difference entered last Court day, pltf. rendering his demand in
writing. Deft, exhibits by acte^ that the matter in dispute being formerly
referred to Daniel Litschoe and Jacob Strycker is disposed of by them.
Which Litschoe and Strycker being heard, they thereupon declare, that
they reconciled parties Willem Pietersen and Jan J : Schepmoes dec*^ rela-
tive to their differences, and that Schepmoes thereupon signed the
obligation, and whereas parties raise a further question about some goods,
come from Holland and received by deft., whereof the Court has not a
clear idea, parties were therefore referred to Sieur Johannes d'Peyster and
Lieutenant Litschoe to examine, in the presence of Schepen Jacob
1656] Court Minutes of New Amsterdam. 197
Strycker, all the papers of the i)arties anew, and if possible to reconcile
them, or otherwise to report to the Court.
Abraham Linthout answers in writing the demand of Sol: La Chair,
whereupon was ordered: Grant copy hereof to party to reply thereunto by
the next Court day.
Paulus Schrick in quality of attorney for Jan Butteler, merchant at
Amsterdam in Holland, according to procuration dated 22'^ May 1655,
pltf. against Jacob Schellinger, deft. Pltf., in his quality aforesaid, de-
mands, whereas Butteler sent the deft, some goods from Holland in the
year 1653, and Schellinger says, that the balance of said goods with the
a/cs and books thereof were destroyed in the last troubles with the In-
dians, that he, Schellinger, shall confirm the same by oath. Deft.,
Schellinger, answering acknowledges to have received some goods from
said Sieur Butteler in the year 1653., and says, if pltf. or any other person
had come before the last disaster with the Indians, he should have de-
livered the same to him and rendered due a/c of his administration ; but
that the goods and a/cs thereof kept by him on Staten Island were burnt
and destroyed, which he offers to confirm by oath. And whereas there
is no proof thereof, the deft. Schellinger is allowed by the Court time to
the next Court day to consider thereof.
Jan Hendricksen, pltf. v/s Jacob Cohin, deft., demands payment for
his expended labor and disbursements, without knowing how much. Deft,
requests bill of particulars, to assign the same on his rent. Whereas pltf.
does not know, how much the sum is, but merely disputes about the pay-
ment in beaver, he was put off until next Court day to exhibit particulars.
Fredrick Lubbertsen furnishes, as attorney of Isaac Mens, his exhibits
in the suit relative to the claim of Jacob van Couwenhoven, and whereas
Jacob van Couwenhoven has not produced his papers, he was ordered
to do so by the next Court day.
Hans Dreper requests by petition leave to tap beer and wines;
whereupon was endorsed — Petitioner's request is granted the same as to
others.
Roeloff Jansen Vonck appearing in Court, exhibits his book as proof,
that Claes Tysen sold the raisins in question; offers to confirm the same
by oath. The Court Messenger being heard declares, that the appearer
first authorized him to summon Claes Tysen for this day, but afterwards
198 Court Minutes of New Amsterdam. [1656
countermanded the order. Wherefore it was postponed for the next
Court day in order to hear Claes Tysen, and it was agreed to defer
swearing Roeloff Jansen Vonck.
Schout Nicasius d'Silla, pltf. v/s Cornelis Jansen, woodsawyer, deft.,
exhibits in proof of his entered suit, some declarations, as to what oc-
curred in the case, persisting in his demand and conclusion. Deft, ex-
hibits, in like manner, a declaration that the wounded person had himself
acknowledged, that he was in the fault; complaining also of the soldier
as before, and that he only had acted in self defence; saying that, what
he had given him was done through a desire for peace, and to prevent all
further difference.
Whereas the time has expired and many things are proposed which
are not disposed of, it is resolved to meet again to morrow at 2 o' Clock,
and then to act on the following cases: —
Of Geurt and hisWife;
Of the Schout and the woodsawyer;
Also, of Michel Jansen;
On the petition of Corlear relative to Couwenhoven ;
On the case of the Schout against La Chair;
Of W. van der Veen against Pieter van Couwenhoven;
Of Schellinger against Schrick;
To write to Patria j
The mode of farming the excise on beer, wine and slaughtered
cattle.
Thursday, 26'.^ Oct^ 1656. In the City Hall. Present the W.
Heeren, Oloff Stevensen, Jacob Strycker, Jan Vinje, Willi* Beeckman,
and Hendrick Kip.
Walewyn Van der Veen appears in Court; requests that the judgment
rendered on the 9'^ Oct' against Pieter v. Couwenhoven be enforced, and
also that he be ordered to deliver the zeewan stringed. The request
being heard and the matter being examined, the votes were collected and
the decision follows: —
The Hon*'!* Oloff is of opinion that, inasmuch as P. V, Couwenhoven
exhibited his book in Court as proof, and will swear, that he paid, he
can, according to his previous advice, proceed by oath.
1656] Court Minutes of New Amsterdam. 199
The Hon^'^ Strycker is of opinion, that the oath cannot be any proof
of payment, since there is a note.
The Hon'"'.' Vinje is of opinion, that P. v. Couwenhoven can confirm
his book in proof, if he swear to it, unless Van der Veen can prove, that
Couwenhoven's book is incorrect.
The Hon*"!^ Beeckman decides, as Vinje, that Couwenhoven can cor-
roborate the proof of his book, provided he swear to it, unless Van der
Veen furnish proof contrary to Couwenhoven's book.
Hendrick Kip is of the same opinion as the Hon'''" Oloff, Vinje and
Beeckman.
The question of the zeewan was deferred to the previous arbitrators.
Judgment. — Walewyn Van der Veen appears this day in Court of
Burgomasters and Schepens requesting enforcement of the judgment
pronounced by the Court on the 9'^ of last Octob' against Van Couwen-
hoven wherein he was ordered to prove that he paid to Van de Water the
note and book debt which he claims from him, or in default thereof, that
he pay the same. Whereas Pieter van Couwenhoven exhibited his book
in Court, at the last session, in proof of payment and offers to affirm by
a solemn oath that he paid Van de Water, the Court therefore decides,
by plurality of votes, that the aforesaid Couwenhoven's book shall be
valid proof of payment made, whenever he confirms the same by oath,
unless W. van Veen can prove, that said Couwenhoven's book is false,
and consequently orders, that P. van Couwenhoven shall appear at the
next Court to swear to the same. Done in Court; present Burgomaster
Oloff Stevensen; Schepens, Jacob Strycker, Jan Vinje, Will" Beeckman
and Hendrick Kip. This 26. Octob!^ 1656. Amsterdam in New Nether-
land.
The Court having seen and examined the petition of Jacob van Cor-
lear, in which he maintains to have a preference in the purchase money
of Jacob van Couwenhoven's bouwerie at Gravesend, which has been sold,
and that in the sum of fl. 200 on a note, find by particulars of the a/c,
that what Corlear claims by virtue of an note, arises from delivered imple-
ments and materials, which were employed for the advantage of said
bouwerie and have now been sold with them. Therefore they adjudge
that he Corlear, ought to be preferred in the proceeds of said bouwerie,
and shall therefore deduct the fl 200. Done this 26'.*" Octob' 1656.
200 Court Minutes of New Amsterdam. [1656
As the Schout is absent, the case of Schellinger and Schrick is post-
poned, or they may appear before the president.
In the case of the Schout against Corn^ Jansen, woodsawyer, it is
stated that it is discontinued and that he settled with the Schout.
Michel Jansen's is postponed.
Also, that of La Chair.
In the case of Geurt and his wife, it was decided and ordered, that
the collection of affidavits shall be handed to the Schout to institute his
action thereon.
Next, it was deemed expedient to write to the Hon''"* Patroons at
home and the last received letter and some other papers being examined
for this purpose, it was decided, that a draft shall be drawn up accord-
ingly by the President and Secretary.
Schout Silla, present.
Relative to the farming, when and how, there are divers opinions.
The Hon^!" Silla says, that at the Hague in Netherland, all must pay
taxes and the other City or Burgher excise, and that no person is exempt
except his Excellency the Prince of Orange.
And whereas there could not be any agreement, it was postponed to
next Monday, in order to deliberate on the matter with the Hon'".''
General.
On the 26'^ October 1656 appeared before the Secretary Sieur
Walewyn van der Veen and declares, that he appeals to the Hon*"'.*
Director General and Council from the judgment pronounced by the
Court on this day in the case against Pieter van Couwenhoven. Done as
above.
Monday, 30* Octob' 1656. In the City Hall. Present the W.
Heeren Nicasius de Silla, Olof Stevensen, Allard Anthony, Joh. Pt.
Verbrugge, Will"' Beeckman, and Hend!^ Kip.
Schout d'Silla, pltf. v/s Dirck Holgersen Noorman, deft. Deft, in
default. Pltf. demands, that the Court appoint Commissaries to take in-
formation in his presence as to how Dirck Volckertsen wounded Jan
Perie. The request being deemed just Schepens Jacob Strycker and
Hendrick Kip are appointed Commissioners.
Schout d'Silla, pltf. v/s Geert, wife of Geurt Coerten, deft. For
1656] Court Minutes of New Amsterdam. 201
slandering the wife of the Hon''!" Beeckman and Cornelis Steenwyck.
Pltf. producing the points of accusation against the deft., who denies them
and says, she knows them only by hearsay, declaring, that Jan Adamsen
spoke of a little sailor and a woman whom he found in the bush, and that
the sailor distributing plenty of white bread in the General's garden said,
that it was from the zeewan, which the woman had given him to be silent,
but that he regretted, he had not taken the gold ring from her finger, say-
ing, it is a married woman, whom no one would suspect. I came with
her from the bush to the Fresh Water, and I had such a kiss from her,
that I could scarcely compose myself. She acknowledges, they had been
conjecturing together, who it could have been, but that her husband had
been to Clyn Aertsen's, and coming home said, I have heard from Clyn
Aerts and his wife that they were Beeckman's wife and Steenwyck;
whereupon they answered, that such was not credible; protesting, further,
her innocence of the calumnies, praying for forgiveness, if she had
repeated one word to the injury of Mde. Beeckman and says she knows
nought of her, but what is honorable and virtuous. The Court orders, at
the request of the Honorable Beeckman, that the Schout take further
information.
The Honble Strycker, present.
Roelof Jansen Vonck, pltf. v/s Claes Tysen, deft. Deft, in default.
Whereas deft, is in default, pltf. is ordered to appear again in Court
tomorrow, then to swear; and in the meantime to consider and to inform
deft, thereof.
Aryaen Woutersen, pltf. v/s Capt. Pos, deft. Pltf's wife appears in
Court and whereas her husband is in the place, default was granted
against both.
Jan Hendricksen, pltf. v/s Jacob Cohun, deft. Relative to a dispute
about wood work, delivered by pltf. amounting to 3 beavers, which deft,
maintains is too much. Parties being heard by the Court, the dispute is
referred to Christiaen Barentsen and Gerrit Jansen Roos to value the
wood work in question, but that the payment shall be made in beavers;
and in default of agreement, to report to the bench.
Lysbet Pietersen, pltf. v/s Aryaen Woutersen, deft., demands pay-
ment of fl. 9. 10. balance due her from Aryaen Woutersen's wife for rent
and board, with costs; she also sues for the arrest served on Willem N.
202 Court Minutes of New Amsterdam. [1656
seaman. Deft, and his wife appear in Court saying, that they paid pltf.,
exhibiting particulars thereof, which pltf. denies, saying that a balance of
fl. 9. 10 is still coming to her. Parties being heard were referred to Sieur
Isaack Grevevaer and Abram Clock, to settle their difference and a/cs
before them, who are hereby, authorized to reconcile parties or to report
to the College.
Rynier Rycken, pltf. v/s Lysbetie Grevervaers, deft. Pltf. rendering
his request in writing, whereupon parties being heard, is endorsed: Deft,
requests copy hereof, which the Court grants her, and since pltf. is about
to depart, deft, is ordered to answer thereunto within 24 hours in writing,
and then the same shall be examined and the difference disposed of by
the Orphan Masters, so that pltf. may receive due acquittance.
Cornelis Barentsen, pltf. v/s Cristina Capoens, deft., says, he sold
to deft, a bed for six beavers to be paid in 14 days, which are ex-
pired, and whereas he is about to depart, and requests payment without
delay to have the beavers for sale. Deft, acknowledges to have bought
the bed of pltf. for beavers, but for another person, and whereas no
beavers are forthcoming, says she is willing to restore the bed uninjured.
Pltf. says, he is not content with that. Parties being heard, the Court de-
cides, that pltf. is not bound to take back the bed, and, therefore, deft.,
Cristina Capoens, is condemned to pay to pltf. the beavers for the
bed according to sale, before the departure of the ships lying ready to
sail.
Philip Pietersen, pltf. v/s Pieter Tonneman, deft., says, that he had
shipped a chest for deft, to carry it to the South, and that he agreed for
a beaver as freight; but that deft, had caused the same to be again taken
from the yacht; demanding the half freight, being J a beaver. Deft,
answers in writing at length; maintaining that Jacob Kray, to whom the
chest belonged, and for whom he acted is liable to pay. Jacob Crap
being heard thereon, maintains that Tonneman is liable for the freight, he
having caused the chest to be again unshipped. The Court having
examined the difference find, that J: Crap produces no sufficient excep-
tion or reason, that Tonneman should pay the freight. Therefore Jacob
Crap is ordered to pay pltf. the half beaver.
Jacob Crap, pltf. v/s Teunis, the mason, deft. Pltf. says, that he
has given, pursuant to order of last Court day, copy of the a/c of his
1656] Court Minutes of New Amsterdam. 203
debt to deft, and requests, that he be ordered to pay. Deft's wife a])]jcar-
ing, requests proof both of note and book debt to answer thereunto. I'ltf.
replying says, that deft, had never made any objection to the debt, but
that he could not pay, saying that they had offered Paulus Leendersen
Vandie Grift, as attorney, the fl. So, but in two payments. Deft, answers
as before and requests specification and proof; acknowledging that her
husband promised to give fl. 70 in two payments to Paulus Leendersen,
when he last applied. Says they never had seen any bill of particulars.
Parties being heard, pltf. is ordered to exhibit further explanation and
specification of his claim, when further disposition shall be made therein.
Tryntie van Hengelen, pltf. v/s Cornelia Schellingers as att'y for her
mother, Jannetie Melyns, deft. For difference of a/c and arrest of an
ox, demanding fl. 166. Parties being heard, are referred by the Court to
two arbitrators, to wit, Dirck van Schelluyn and Hendrick Jansen Vin, to
settle the a/cs of parties in dispute before Cornelia Schellinger's depart-
ure. Meanwhile the arrest of the ox was again declared valid.
Abram Jacobsen, carpenter, appeared with Schout Silla in Court
stating, that an account book of Old Verdoncks was at his house, which
they had delivered to Secretary van Ruyven, and whereas his property
and account book were delivered to them by said Verdonck, request that
the book be examined, that they might obtain what is their's. The W:
Court being informed, that the book and its contents were referred by the
Hon^!° Director General and Council to the Orphan Masters, the peti-
tioner was referred to them.
Sybout Clasen, Adolf Pietersen and Sybrant Jansen Galma appear in
Court requesting the Magistrates to signify in what manner the wing on
the sheet piling at the Canal shall be constructed. Whereupon it was
ordered that it be inspected to-morrow, when directions shall be given.
Augustyn Heermans requests by petition, that two of the Schepens
be appointed to hear some evidence and that the same be authenticated
by the City Seal inasmuch as it must go to Holland; which was granted.
Solomon La Chair replies to the answer of Abraham Linthout,
whereon was endorsed: — Whereas Linthout is on the eve of departure
and demands despatch, copy hereof is granted him and he is ordered to
rejoin thereunto within 24 hours.
The Acte exhibits, what property Ab"* Linthout has in the sold cattle,
204 Court Minutes of New Amsterdam. [1656
whereof Solom" La Chair has arrested the proceeds. The arrest was de-
clared invalid.
The Court having deliberated, whether the Company's and City's
Officers should or should not be exempt, in regard to the farming of the
Burghers excise; it is Resolved: Whereas according to the report of the
Burgomasters the Hon''!'' General offers himself to pay the Burgher excise
and decides, that no person ought to be exempt, and moreover to animate
others to further zeal and to remove all censure and as it is otherwise of
small moment, therefore all persons, whether servants of the Company or
City, none excepted, shall pay, as well as the tapsters, the ordinary
Burgher excise. It is also concluded, that the excise on cattle slaughtered
within this city shall be farmed. Therefore, it is agreed that it shall take
place this afternoon at the house of Lieutenant Litschoe; which, with the
previous knowledge of the Hon^'!^ General, is published from the City
Hall, and proclaimed by the public Crier. Done this 30'?* Octob. 1656.
At Amsterdam in N. Netherland.
Allard Anthony,
Oloff Stevensen,
Johannes Pt' Vanbrugh,
Jacob Strycker,
Will. Beekman,
Hendrick Kip.
Copy.
The Director General and Council of New Netherland, to all who see
these or hear them read, Health. Be it known, that the oft published
and frequently renewed Ordinances and Placards against the desecration
of the Lord's Sabbath; the irregular tapping on that day and by night
after setting of the watch and ringing of the bell; against the very danger-
ous yea damnable sale or gift of wines, beer and distilled liquors [to the
Indians] ; against the baking and sale both of large and small or white
bread, have not, according to the good intent of the Director General and
Council and as necessity demanded, been regarded, observed, maintained
nor even executed; to the dishonour of God, to the immense damage and
disturbance of the peace and rest of the inhabitants, to the great disrespect
of the authority and quality of the high and subaltern Magistrates of this
Province, whereunto, then, the Director General and Council being de-
1656] Court Minutes of New Amsterdam. 205
sirous for the sake of their office, duty and necessity, to i)rovide, renew
and enharge their previously enacted Ordinances and placards, and hereby
interdict and forbid, First; all persons performing, on the Lord's day, by
us called Sunday any ordinary work such as ploughing, sowing, mowing,
building, woodcutting, working in iron or tin, hunting, fishing, or to do or
prosecute any other business permitted on other days under a penalty of
One pound Flemish to be forfeited by each person; much less any lower
or unlawful exercises or games, drunkenness, frequenting taverns or grog-
shops, dancing, cardplaying, backgammon, tennis, ballplaying, bowling,
rolling nine pins, racing with boats, cars or wagons before, during or be-
tween divine service under double the fine: jNIore especially, no tavern-
keepers or tapsters shall allow any clubs to sit during, before or between
the sermons nor tap, present, give or sell, directly or indirectly to any
person any brandy, wine, beer or distilled liquors under the penalty of six
guilders to be forfeited by the tavernkeeper or tapster; and for each and
every person found drinking at aforesaid times, three guilders. In like
manner, no tavernkeepers nor tapsters shall allow any clubs to sit or con-
tinue, or tap, sell or present to any person any wine, beer, distilled liquors
or spirits, on Sundays or other days after setting of the night watch or
ringing of the bell, under like penalty; the inmates of the family, those
attending by order and with consent of Magistrates to public business
alone excepted.
Secondly, regarding the very dangerous, scandalous and damnable
sale, bestowal or giving of any wine or beer or distilled liquors to the In-
dians or natives of this country, wherefrom so many disasters had nearly
followed, or at least were threatened and dreaded, inasmuch as drunken
Indians were seen; the Director General and Council aforesaid renewing
and amplifying their previously enacted Placards, hereby ordain, interdict
and order all persons of what quality and rank soever, either directly or
indirectly to sell, barter, present, give, reach, or draw or allow to be
drawn for any Indians in or out of a house, on land or on water, from
yachts, barks, boats or canoes, cars or wagons howsoever it may be named,
any beer, wine etc. under a penalty of five hundred guilders and to be
corporally punished and banished out the country. In order that the
same may be discovered, for the better advancement and maintainance of
the public peace and quietness of the good people of this Province, all
2o6 Court Minutes of New Amsterdam. [1656
superior and inferior officers, free or hired servants of the Company and
the inhabitants of this Province, are by their office and duty enjoined, re-
quired and charged to aid in preventing, discovering and reporting so
very dangerous and damnable a trade or presenting of wine, beer or dis-
tilled liquors, or failing therein to pay half the fine in case it be after-
wards known or found that he had any knowledge of such sale, gift or
present of any wine, beer or distilled liquors to any Indians and had not
given information thereof.
Further, the Director General and Council aforesaid being informed
of and acquainted with the suttling and peddling of wines, beer and dis-
tilled liquors on and along the river from ascending and descending
yachts, barks, boats, vessels and canoes, not only interdict and forbid
hereby all such suttling and peddling, but ordain, enact and order, that
no skippers, boatmen, canoe or watermen nor any other free or bound in-
habitants, of what name, nation, quality or business soever he may be,
shall from now and henceforth, neither for himself nor for others embark,
load or take with him in any bark, yacht, boat, canoe or any other craft
whatsoever, any wine, beer or distilled liquors or spirits either in large or
small casks nor even in cans, pitchers or bottles, unless the same shall
have been previously entered, according to its proper quantity with the
proper officer of the place, where the wine, beer or distilled liquors shall,
either much or more, be embarked, shipped or laden, and shall have
received from said officer a note or cocket, whereupon shall appear the
quantity and quality of the cask and the other measure of accompanying
wines, beer, or distilled liquors, for whom shipped and to whom con-
signed and of the delivery thereof to such person; to bring also proper
certificate or proof from the officer of the places, where it was delivered
signed by the receiver himself; and all that under the forfeiture of the
concealed wines, beer or brandies and a fine of five hundred guilders for
the first time, and for the second offence, confiscation of bark, yacht,
boat or canoe in addition.
Thirdly^ concerning the baking and selling of brown and white bread,
both for proper price and at established weight, the Director General and
Council aforesaid renewing and amplifying their previously enacted order
on that subject, ordain and direct hereby, that all bakers and all other in-
habitants, who follow the profession of bread baking or selling, whether
1656] Court Minutes of New Amsterdam. 207
for Christians or barbarians, shall be held as well for the convenience of
Christians as for the purposes of barter with the Indians, to bake at least
once or twice a week both large and small loaves as well for Christians as
Indians at fixed weight and price, as follows: —
The coarse loaf shall weigh
a double 8 lbs. and cost 14 stivers each
a single 4 lbs. " " 7 " "
a half 2 lbs. " " 3 J
The white loaf shall weigh
The double 2 lbs. and cost 8 stivers each,
single I lb. " " 4 " "
Half lib. " " 2 "
Bread, which shall be sold lighter in weight or dearer in price, shall
be confiscated with payment moreover of a fine of five and twenty pounds
Flemish for the first offence; double the amount for the second; and for
the third offence six hundred guilders, with absolute exclusion from tradet
Further no baker nor any one who follows selling coarse or white bread
to the Christians or Indians shall mix any sifted bran in whole or in par.
among the coarse bread, but bake the coarse flour, as it comes from the
mill, nor bake any other description of coarse or white bread, whether for
Christians or Indians, except as hereinbefore specified, under a penalty
as above; the choice thereof remaining to the judgment of the respective
Court, each within its jurisdiction, and to whomsoever they shall be
pleased to adjoin to them as better judges of bread.
Fourthly^ the Director General and Council being further informed
and considering, that, as well in tapping as in baking, frauds can be in-
troduced, and invasions must be invented and resorted to for the conceal-
ing the same, since there is, as yet, no guild or certain body known; To
prevent this as much as possible, the Director General and Council ordain
and command, that from now henceforth no person shall follow the busi-
ness of baking or tapping, unless he first apply to the Court of the respec-
tive jurisdiction and receive from them or their deputies a license to trade,
which all tavernkeepers and bakers shall renew every quarter commencing
first November next, paying therefor, each time one pound flemish for the
behoof of the respective Court, on pain of being suspended from business
through notorious and voluntary neglect.
2o8 Court Minutes of New Amsterdam. [1656
The above specified fines and penalties shall be applied, one third for
the officer, who shall enter the complaint; one third for the Church or the
poor, and one third for the behoof of the public. The which that all may
be the better known, practised and observed and no man henceforth pre-
tend any ignorance hereof, the Director General and Council ordain and
hereby direct, that these shall be every vv'here published in the usual places
and affixed thereat, to be observed and executed after publication, with-
out any favor, affection, simulation or regard to persons. For such WE
find to be for the good of the country, the advantage and greater quiet,
ness of the good inhabitants. Thus done, renewed and amplified at the
meeting of the Director General and Council of N: Netherland this 26'^
Octob. 1656. holden in Fort Amsterdam:
Was signed P. Stuyvesant.
Under Stood: — By order of the Hon"!^ Director
General and Council of N. Netherland.
Signed C. Van Ruyven, Sec'y,
On the 30* October 1656 this preceding Ordinance was published
from the City Hall of this City of Amsterdam in N. Netherland after pre-
vious ringing of the bell.
Conditions and Terms, on which the Schout, Burgomasters and
Schepens of the City of Amsterdam in N. Netherland propose, with the
approbation of the Hon"^ Director General and Council, to let to the
highest bidder the Excise on the slaughter of all cattle within the jurisdic-
tion of this City, to be consumed either by Officers as common Burghers
or brought to market, the Hon^'^ Company's store excepted. Whoever
shall become the Farmer of said excise shall receive as excise of all
cattle whether oxen, cows, calves, sheep, goats, pigs or such like. One
stiver in the guilder according to the purchase or just value thereof,
that are slaughtered within the jurisdiction of this City. The excise
shall commence and be received by the Farmer on the first of next
November, 1656, and end first November 1657, but he shall receive or
contract for no longer period, than the date aforesaid, inclusive. The
Farmer shall pay precisely every quarter to the Burgomasters in office or
those appointed by them, a just quarter of the promised rent, which shall
be done in good current money. The accepted Farmer shall be bound
1656] Court Minutes of New Amsterdam. 209
to give two sufficient securities for the proceeds of the promised rent.
On the aforesaid conditions Solomon La Chair, Burgher and inhabi-
tant here, has become Farmer for the sum of seven hundred and ten
Carohis guilders, promising to fulfill and perform the same under the
bond of his person and property, none excepted, subjecting the same for
the performance hereof to the disposition of this Court, promising to give
on tomorrow two sufficient securities to the satisfaction of the Burgo-
masters and Schepens. In testimony whereof he has subscribed these
this 30 of Oct- 1656. at Amsterdam in N. Netherland. Was signed
Solomon La Chair.
On the first Nov' 1656. appeared in Court Willem Beeckman and
Willem Dueckles house-carpenter, and declared to enter themselves
jointly and severally bail as principals for the person of Solomon La
Chair for the payment of the promised rent, under due renunciation. In
testimony whereof they have signed this. Done as above at Amsterdam
in N. Netherland; was subscribed Will: Beeckman,
Willem Dueckles.
Specification of the farming of the Cattle and the drawn bids.
Offered by Warnaer Wessels fl. 50.
" by Stoffel the Crier 300.
I pc. One piece of Eight * is put up and drawn by
Solomon La Chair @ 500.
I pc. Again, i piece of Eight is put up and drawn
by Solomon La Chair for the sum of 700.
Again, two pieces of Eight are put up for whoever should bid one
hundred guilders additional, but were not taken. Finally the license was
bought by Solomon La Chair @ fl. 10, so that it makes together fl. 710. as
appears by the signed paper.
Conditions and terms whereon Schout, Burgomasters and Schepens
of the City of Amsterdam in N. Netherland, with the approbation of the
Hon''!^ Director General and Council, propose, according to the laudable
custom and order of our Fatherland, to farm to the highest bidder the
Burgher Excise of Wine and Beer to be consumed within the jurisdiction
of this City as follows:
* A piece of 8 was the Spanish Real, worth I2| cents. — B. F.
VOL. II — 14
2IO Court Minutes of New Amsterdam. [1656
That whoever becomes Farmer of said Excise, shall be entitled for
the excise as well from the Company's as City's servants as from all
Burghers and tavernkeepers, for the wines and beer by them to be con-
sumed, as follows: —
For one anchor of brandy, Spanish wine, distilled waters or other of
such value, thirty stivers.
For an anchor of French wine, Rhenish wine. Wormwood Wine or
other of such value, fifteen stivers.
For a tun of good beer, one guilder.
For a tun of small beer, six stivers.
Larger and small vessels in proportion.
The rent shall commence and the excise shall be paid to the Farmer
on the first November next and ending ist Nov' 1657. But no more
excise can he receive, than to the aforesaid date inclusive.
The Farmer shall be bound to pay precisely every quarter to the Bur-
gomasters in office or their deputy a just fourth part of the promised rent
which shall be done in good current money.
Whoever becomes Farmer shall be held to give two sufficient securi-
ties for the proceeds of the promised rent.
On the aforesaid conditions, M' Paulus van der Beeck, Burgher and
inhabitant here, has become Farmer for the sum of four thousand, two
hundred and twenty Carolus guilders and for the performance thereof
Isaack d'Foreest and Johannes Monjeer de la Montague, junior, enter
themselves as bail and co-principals for the payment aforesaid, urtder due
renunciation, pledging their respective persons and properties real and
personal, none excepted subject to this Court. In testimony whereof is
this signed by the Farmer and the aforesaid bail, this 30* Octob' 1656.
At Amsterdam in N. Netherland. Was subscribed
Paulus van der Beeck,
Isaack de Foreest, )
J. La Montague Junior, )
Present, the Schout, both Burgomasters and two Schepens Beeck-
man and Kip.
Specification of the Renting of the Burghers Excise and the moneys
put up.
Commenced by Jacob Backer at the sum of fl. 500.
656] Court Minutes of New Amsterdam. 211
Offered by Govert Loockermans fl. 600.
" Isaack de Foreest 2000.
I pc. One piece of Eight put up, and drawn by Hen-
drick van Bommel at the sum of 2500.
One pc. of Eight drawn by M' Paulus @ ^ 2600.
Two ps. of Eight drawn Pt' Jacobsen Buys 2700.
Three ps. of Eight drawn by Warnaer Wessels @. . . . 2800. ,
Two ps. of Eight drawn by M' Paulus @ 2900.
Two ps. of Eight drawn by Jan La Montagne @ 3000.
Three ps. of Eight drawn by Warnaer Wessels @. . . . 3100.
Three ps. of Eight drawn by M' Paulus 3200.
Four ps. of Eight drawn by Jan La Montagne 3300.
Four ps. of Eight drawn by Isaack Foreest @ 34oo-
Four ps. of Eight drawn by Warnaer Wessels @ 35°°.
Four ps. of Eight drawn by Jan La Montagne @. . . . 3600.
Four ps. of Eight drawn by Warnaer Wessels @ 3700.
Six ps. of Eight drawn by M' Paulus Vander Beeck @ 4000.
Six ps. of Eight drawn by Jan Montagne 4100.
Seven ps. of Eight drawn by Isaak d' Foreest @ 4200.
Again, 8 ps. of Eight were put up but not drawn but retired, and the
license being laid down, was bought by Mf Paulus for fl. 25 who remained
Farmer, but as the bid was fixed @ fl 4220, so appears the above signed
paper.
Extraordinary Meeting holden on Tuesday the 31. Octob' 1656. In
the City Hall. Present N. de Silla, Oloff Stevensen, Allard Anthony,
Joh: Pt' Verbrugge, Jacob Strycker, Jan Vinje, Will. Beeckman, and
Hendrick Kip.
Eduard Teller, pltf. v/s Willem Harck, deft. For that deft, has-
unjustly arrested pltf. and thereby obstructed him, so that his bark and
goods were, meanwhile, lost in a storm, for which pltf. demands indem-
nity. The Court having examined the demand and answer of parties
together with the witnesses produced on both sides, as further appears
by the blotter of the records and particular statements, find that parties
still except for further proof. Wherefore the disposal was postponed to
tomorrow afternoon at 2 o'Clock and parties were ordered to bring in by
212 Court Minutes of New Amsterdam. [1656
that time their further proofs and whatever may be material, then finally
to decide the case.
Roeloff Jansen Vonck and Claes Tysen appear both in Court pursuant
to order of 30* Octob^ relative to the matter in dispute about the raisins.
Whereas Claes Tysen refers it to the oath, which Roeloff Jansen Vonck
offers to take concerning it, therefore Roeloff Jansen Vonck declares by
solemn oath, at the Court aforesaid, in the presence of his party, that he
sold the raisins absolutely in question to Claes Tysen, and that he entered
and noted it on the day after the sale in his book, which he exhibited in
Court, without having ever had any idea that he had given them on com-
mission or conditionally. So Truly help me God Almighty.
Jacob Schellinger appears with Paulus Schrick in Court, which
Schellinger answered to the points proposed by Paulus Schrick; and
whereas some of the said points are answered obscurely, Schellinger was
again given time until tomorrow, in the meanwhile to consider thereon
and to render precise declaration.
Regarding the calumnies against Mde Beeckman and Cornelis Steen-
wyck, Aert AVillemsen and his Wife with Geurt Coerten were heard and
examined in Court, as appears further by the minutes. Whereas the
Kon''!'' Beekman in default of further proof holds the aforesaid Geurt
Coerten and Wife as the originators of the calumnies, and requests that
they be duly punished, therefore Geurt Coerten was ordered to prove by
the next Court day from whom they heard it, or failing therein they shall
be held as slanderers and be, therefore, punished.
Tryntie van Engelen appears in Court complaining that, pursuant to
order of the Court, she cannot attain to any despatch with Schellinger,
since Jacob Schellinger and his wife declare, that they have no procura-
tion from their mother to settle the matter, as is shewn by signature of
the arbitrators. The Court finding by the minutes dated ig*.*" June last,
that Cornelia Schellinger being attorney for her mother claimed the ox
and that the arrest then was declared valid, until they had settled, which
the aforesaid Tryntie van Engelen cannot obtain to the present time,
therefore order that Tryntie van Engelen shall be authorized to take the
arrested ox in payment or deduction of her claim against Jannetie
Melyns, at the valuation of two indifferent persons; on this condition
that, in case it be hereafter found, on settlement of a/cs., that Jannetie
1656] Court Minutes of New Amsterdam. 213
Melyns does not owe so much as the ox is now valued, she shall be bound
to restore the same to her.
Jacob Schellinger appears in Court exhibiting the decision of Pieter
Cornelis Van der Veen and Rynier Rycken as arbitrators appointed in
the difference of a/cs between him, J. Schellinger and Jacob Calf att'y of
Cornelis Schut, whereby it appears, that said Calf still owes a balance of
fl. 48. 10 in zeewan; requesting, whereas the aforesaid Calf refuses to pay
the same, that the Court will be pleased to examine the decision and ap-
prove it. Whereon was endorsed — The Court approves the aforesaid
decision and orders consequently the abovenamed Calf to pay the fl. 48J
which belong to Schellinger.
Aldart Swartv/out, pltf. v/s Jacob Schellinger, deft., demands de-
livery of a kettle for having cured the abovenamed Schellingers leg,
according to agreement, inasmuch as he has cured him. Deft, acknow-
ledges to have promised him a kettle, if pltf. had effectually cured him;
saying that he is not cured of the accident to the present hour. Pltf.
replying says, he had once cured the deft., inasmuch as he went from
one village to the other. Whereas parties on both sides acknowledge to
have agreed with a good and perfect cure or no pay, the matter was
referred by Burgomasters and Schepens to M^ Hans Kierstede and Mr.
Jacob Hendrik Varvanger, both old experienced Surgeons, to investigate
the same and to report thereon to the College, or if possible to reconcile
the parties.
Isaack d'Foreest, pltf. v/s Jan Rutgersen and Hendrick Sweeringh,
defts. For that defts. have failed to deliver, according to agreement, the
stone and lime contracted for a cellar, and thereupon received a boat etc.
Defts. say, they will observe their part. Hend'k Sweeringh requests, that
the conditions be performed by one man as he has difference with the
other, acknowledging the purchase of the yacht and the agreement.
Parties being heard, defts. were ordered by the Court to deliver the stone
and lime according to agreement, or failing therein that pltf. shall come
for damages on whomsoever shall be in default.
The Court having seen and examined the decision or opinion of the
Orphan Masters appointed on the 30'.'' Octob- inst. relative to the differ-
ence detween Rynier Rycken and Elizabeth Greveraer, delivered this day
to Court, have approved the said decision and accordingly condemned
214 Court Minutes of New Amsterdam. [1656
the abovenamed Elizabeth Greveraer to receive the zeewan belonging to
her by settlement of rendered a/c. and to give Rynier Rycken due receipt;
also to restore to him the 5 beavers, which Rynier has disbursed for half an
Aem of Wine at the funeral. Thus done and adjudged this 31. Octob'
1656. at Amsterdam in N. Netherland.
Wednesday, first November 1656. In the City Hall. Present the
W: Heeren Nicasius de Silla, Oloff Stevensen, Allard Anthony, Jacob
Strycker, Jan Vinje, Will" Beeckman, and Hendrick Kip.
Nicolaes Boot appears in the Court of Burgomasters and Schepens
stating that he is informed by two women, namely Mrs. Harck and Sus-
anna Brown, that Skipper Lourens' (van der Wei) wife expressed the in-
tention to follow her husband to N : England and to remove her residence
there. Requesting that for security of his debt, he may arrest the goods
and chattels of the abovenamed Skipper Lourens, the rather as he is in-
formed, that she has already removed some property. The Court con-
sidering the complainant's request and the reasons thereof, consent that he
may arrest at his risk the goods, chattels and appendages thereof for the
security of his debt.
Whereas Roelof Jansen Vonck confirmed by solemn oath in the Court
of Schout, Burgomasters and Schepens in presence of his party, Claes
Tysen, on the 31" October last, there being no further proof, that he abso-
lutely sold the raisins in question to Claes Tysen and according to the
entry in his book has recorded them the day after the sale, therefore Claes
Tysen is condemned by plurality of votes to pay the said Roelof Jansen,
within three days from date the balance of beavers according to sale there
being no difference between parties about the price and quantity.
Claes Bordingh appeared in Court requesting that execution may be
legally issued against Jacob van Couwenhoven. The Court persists in its
previously issued order in this case.
Whereas Jacob van Couwenhoven, as pltf., claims that he has received
no copy of rejoinder and therefore has not furnished his papers, copy is
granted him, and he is ordered to produce his papers by the next Court
day. The case to be then finally disposed of.
Abram Linthout rejoins to the reply of La Chair and furnishes his
papers in the suit; on which rejoinder is endorsed: — Whereas Abram
1656] Court Minutes of New Amsterdam. 215
Linthout herewith furnished his exhibits in the suit, it was therefore
ordered by the Court that copy hereof shall be granted to La Chair that
he may also furnish his papers in the case by the next Court day.
The papers and proofs produced by Edward Teller and VVillem
Harck, together with their statements and arguments being examined
de novo in Court, the following judgment has been rendered and pro-
nounced after mature deliberation.
Extraordinary Session holden in the City Hall at Amsterdam in New
Netherland the 31" Octob- and first Novemb"' 1656.
Edward Teller as well for himself as for Thomas Lamb, his passenger,
pltf. v/s William Harck, deft. Pltf. complaining that the deft, has
arrested and summoned him on the 25. Oct^ last, as he lay ready to sail
with his bark for New England, for and because that he, pltf., should,
without deft's knowledge have gone away with his deft's canoe or untied
it and let it drift; and whereas he, pltf., was guiltless thereof and by said
arrest and summons was prevented from prosecuting his voyage; and
meanwhile a storm arose, he lost his bark with what was on board such as
zeewan, cargo and clothing; he therefore requested that deft, be con-
demned to indemnify him, the pltf., for his lost bark, zeewan, goods and
damage incurred by him and his passenger according to bill of particulars,
free of costs and charges. The deft, answering said, that pltf. with
three of his companions had been in his canoe, unfastened the same and
let it go adrift; and as the pltf., Teller, refused to restore the canoe or to
make good the loss, he had Teller arrested, but immediately looking up
the canoe and the same being recovered, he acquainted pltf. Teller
thereof and verbally discharged him from arrest. Pltf. replying expressly
denied having been in the canoe or having unmoored the same or let
it go adrift, but that he borrowed and used Jan Laurens' canoe; and
as he was arrested and summoned by the Court Messenger in due
course of law and he could not freely depart from the arrest without
legal discharge, the storm rose in the meantime and his bark and cargo
were lost owing to the obstruction from the arrest. Persists, therefore,
by his previous demand. Deft, rejoining says that he did not arrest
pltf's bark and also that he lost his vessel by neglect and could have
saved it; maintaining consequently that he is not liable in any indemnifi-
2i6 Court Minutes of New Amsterdam. [1656
cation for loss. Pltf. denies that he could have saved his bark. The
Court having heard and examined the demand and answer of parties and
witnesses produced on both sides, and paid attention to all that is material,
find that Willem Harck cannot prove that Teller took, unmoored or sent
adrift, his, Harck's canoe, but, on the contrary that he the pltf. Teller
has proved by two several witnesses, that when the defts. canoe had been
taken away he borrowed and used the canoe of Jan Laurens; 2ndly that
Harck arrested by the Court Messenger on Wednesday, the pltf. Teller,
when the pltf. was ready to depart, as he pltf. has proved by divers wit-
nesses also; and was first discharged by the Court Messenger again for
arrest on Saturday after his bark was wrecked on Thursday. Therefore
it is adjudged that the deft. Will: Harck illegally arrested the pltf. and as
the pltf. before the arrest was ready to sail and depart and his bark and
cargo were, in the meantime wrecked, he, Will. Harck, is consequently
condemned in the costs and damages suffered thereby on the taxation and
estimation of the Court. Done as above in the full Court of the
Schout, Burgomasters and Schepens of the City Amsterdam in New
Netherland.
Paulus Schrick and Jacob Schellinger appear again in Court, which
Jacob Schellinger answered the following points, and confirmed the
further explanation thereof according to order by solemn oath at the
hands of Hon^!" Schout d'Silla.
Saturday the 4 Nov' 1656. In the City Hall. Present the Heeren,
President the Hon"'' Allard, Oloff Stevensen, Joh: Pt' Verbrugge, Jacob
Strycker, Jan Vinje, Will: Beekman, and Hendrick Kip.
Whereas it has been frequently resolved, to write to the Honble Lords
Directors, Lords and Patroons of this Province, touching some necessary
points, therefore the abovementioned Burgomasters and Schepens are met
and the subjects being agreed on, the following letter was drawn up and
sent : —
Right Honourable, very Wise, Prudent Lords and Patroons —
Your Honours' last of the 26'^ May 1655 is duly received by us where-
unto is briefly answered —
That the state and condition of the country, especially of this City,
1656] Court Minutes of New Amsterdam. 217
has not yet permitted the imposition of onerous burthens, as we have
communicated by petition to the Hon*"'.^ Director General and Council.
Inasmuch as your Honours have decided, that our predecessors may
not have properly used, what was granted them, it does not behoove us to
vindicate them, and therefore we respectfully request, that Your Honours
should please not to lay that to the account of this City or the Common-
alty thereof, nor to entertain any prejudice in consequence, and therefore
to be pleased to allow the Weighscales and Ferry to come again to the
City Treasury. We shall not fail to employ that and every other thing
to the necessary advantage of this City.
We have deemed it expedient to communicate and send to your
Honours the petition presented by us to the Hon"^''.^ Director General and
Council with the endorsement thereupon ; Whereby Your Honours can
see the circumstances and condition of the Commonalty. We have, more-
over, already burthened the Commonalty with one stiver in the guilder,
additional, on the cattle slaughtered within this City besides the Burgher
excise on wine and beer, the income from which by no means covers the
repair and establishments of this City, much less what is most urgent, the
repairs and erection of the City Walls, which were hastily built of sods and
afterwards a plank curtain added, and which now are fallen into ruin ; the
sheet piling along the river; the repairs of the City Hall; watchhouses;
the building of schools; the construction of the Graft (Canal) and other
similar matters, to serve as better defences in time of need, which might
truly be immediately the case, were your Honours to be pleased to favour
this City with the above sought benefits, and release it from the old debts
incurred in the troubles with our neighbours, the English nation.
We should freely burthen the Commonalty still further, but find that
they are not at present able to bear it, inasmuch as the Hon''!* Director
General and Council have prepared and imposed additional taxes on the
internal trade in beer and wine, which we hope will be abolished by your
Honours as they tend to the serious injury of the trade. But we will not
fail as soon as time and circumstances in any wise permit, to find as
many subsidies and to obey your Honours' order as far as we possibly
can.
In the abovementioned petition to the Hon*"!^ Director General and
Council we have proposed, that their Honours would be pleased to remit
2i8 Court Minutes of New Amsterdam. [1656
the monies disbursed by some private persons for the Commonalty dur-
ing the last troubles with the Indians, as we understand here that
your Honours have given orders to that effect to the Direct' General
and Council, whereupon their Hon" were pleased to observe — first
that their Hon'? had granted the last assessment on condition that we
should pay the old debt therefrom, as this was done to pay for the
curtain constructed on the City wall; of which assessment not one
third part has to the present time been received through the inability of
the Commonalty, and much more has already been expended by us in
particular for repairs. The Hon^!^ Director General and Council have
therefore resolved accordingly on the II'^ October 1655, but that it is
contrary to our intention appears by the petition dated 3o'^ Septemb' 1655.,
hereunto annexed, whereunto we refer. Secondly, the Hon^!^ Director
General and Council observed, that the Burgomasters and Schepens ought
to shew their Honours what and how much taxes they were inclined to im-
pose. Such was also taken in consideration by us, and it is notorious,
that we have no power to impose any taxes on the Commonalty, unless with
the approbation of the Director General and Council.
As regards, that we requested in our said petition, that the monies
levied by us off the Commonalty should be continually paid to the City
Treasury and employed by us to the public advantage, it seems to us
(under correction), to consist with justice, and would, in that case, be
also much more freely contributed by the Commonalty.
On the f^ July last, we also requested by petition presented to the
Hon*'!^ Director General and Council that pursuant to your Hon""?' Order
dated 18* May 1654, the office of Sheriff may be separated from the office
of Fiscaal, and that their Hon" would be pleased to appoint a Sheriff here
from the Commonalty, whereupon their Honors have been pleased so to
appoint till further order from Your Lordships as appears by the accom-
panying petition and endorsement thereupon. Therefore they respectfully
request that Your Lordships would please immediately to give effect to
your Resolution taken in this case.
In order not to trespass any longer on Your Honors'- patience we
shall break off, and beseech Your Honors earnestly to take into considera-
tion this our pitiful state and condition and to make such disposition
thereupon as Your Honors, in your accustomed wisdom, shall find for the
1656] Court Minutes of New Amsterdam. 219
advantage of the public. Committing Your Honors to the merciful pro-
tection of the Lord, we remain Your Honours' dutiful subjects,
The Burgomasters and Schepens of the
City of Amsterdam in New Netherland.
AUard Anthony,
Oloff Stevensen,
Jacob Strycker,
J. Vinje,
Will: Beeckman,
Hendrick Kip.
Done in the Court assembled on the 7'!' November 1656. at Amster-
<iam in New Netherland.
To the Honble Lords Burgomasters and Schepens of the City of New
Amsterdam. Harmen van Hoboken, Schoolmaster of this City, respect-
fully requests that your Honours would be pleased to grant him the hall
and the side room for the use of the school and as a dwelling, inasmuch
as he, the petitioner, does not know how to manage for the proper accom-
modation of the children during winter, for they much require a place
adapted for fire and to be warmed, for which their present tenement is
wholly unfit. He, the petitioner, burthened with a wife and children is
greatly in need of a dwelling for them; and his wife is expecting from
hour to hour to be confined, so that he anticipates great inconvenience,
not knowing how to manage for the accommodation of the school children;
and if your Hon" cannot find any, he, the petitioner, requests your Hon',
to be pleased to allow him the rent of the back room which Geurt Coerten
at present occupies, which he, pet' would freely accept for the present, as
he is unable to pay so heavy a rent as a whole house amounts to. He
therefore applies to your Honours, expecting hereupon your Honors
favorable endorsement. Was subscribed
Your Hon" Servant,
Harm: van Hoboken.
Dated 4 Nov. 1656.
Endorsement.
Whereas the City Hall of this City, the hall and little room whereof
the petitioner now requests for a school and dwelling, are not at present
in repair, and are, moreover, required for other'purposes the same cannot
220 Court Minutes of New Amsterdam. [1656
be allowed him; but in order that the youth, who are here quite numerous,
may have the means of instruction as far as possible and as the circum-
stances of the City permit, the petitioner, for want of other lodgings, is
allowed to rent the said house for a school, for which one hundred guilders
shall be paid him yearly on a/c of the City for the present and until further
order. Done in Court this 4. Nov. 1656. At Amsterdam in New Nether-
land. Allard Anthony,
Oloff Stevensen,
Jacob Strycker,
J. Vinje,
Will: Beeckman,
Hendrick Kip.
Monday, 6. Nov^ 1656. In the City Hall. Present N. de Silla,
Allard Anthony, Jacob Strycker, Jan Vinje, Will"" Beeckman, and Hen-
drick Kip.
The following acte whereby Dirck van Schelluyne resigns the office of
Bailiff, and the petition from M. de Vos for the same being exhibited to
the Court by the Hon''!^ N. de Silla, the apostil following was granted.
Copy.
Mr. Fiscal d' Silla,
Whereas my circumstances do not any longer allow me to continue
in the City's service as Bailiff, I find myself obliged to resign the said
charge into your Honors hands, as guardian of the supreme magistracy.
Thanking the Hon''!^ Supreme Magistracy for having been pleased to
employ me in the aforesaid capacity to the present time, I nevertheless
remain.
Signed Your Honor's humble and obedient
D. V. Schelluyne 1656.
Amsterdam in N. Neth^ the 3. Nov' 1656.
To the Worshipful Schout, Burgomasters and Schepens of this City
Amsterdam in N. Neth*?.
Matewis d' Vos, admitted Notary in this City, makes known with due
respect, that he, petitioner, is informed by a good source that the Notary
D. van Schelluyne has resigned his office of Bailiff, and whereas the afore-
said office is vacant, he, pet', therefore requests with all respect, that your
1656] Court Minutes of New Amsterdam. 221
Honors would be pleased to grant, and favor him with the aforesaid oftice
of Bailiff [Conchei-gie) the rather as the Hon*"!" Burgomasters have already
conferred on him the appointment of governor of the City Hall {Castelyn-
schap.) promising and hoping, that he will perform every thing for your
Honors and this City, praying your Honors to grant him, the petitioner,
his request, which doing he remains,
Under Stood, Your Honors very Humble Subject and Servant
Math, de Vos.
Endorsement.
Whereas it is exhibited to us by Acfe, that Dirck van Schelluyne has
resigned the office of Bailiff and it is necessary, that said charge be again
filled with a proper person, the petitioner's request for the office of Bailiff
was granted by the Burgomasters and Schepens of this City, on the ap-
proval and confirmation therein of the Hon'''.^ Director General
and Council. Done this 6. Nov,' 1656. At Amsterdam in New Nether-
land.
Honble N. de Silla, pltf. v/s Neeltie van Couwenhoven and Nicolaes
Boot's wife, defts. For that N. Boot's wife cunningly took, with the said
Neeltie, a silver goblet from their father's house and refuse to restore it;
whereupon they being complained of, pltf. caused the goblet to be brought
and laid before the Court, maintaining that it is a species of theft or
violence. Neeltie van Couwenhoven and aforesaid N: Boot's wife being
heard and examined in Court, pltf. requests, that further information be
taken in the presence of two of the Bench. The Court consents to the
request of the pltf., to take further information, and ordered that the
goblet be delivered to Couwenhoven, which was done in Court.
Hon".^ D'Silla, pltf. v/s Jan Perie, deft. Deft, in default. But
whereas the deft's wife is now in labour he was excused from his default
by the Hon''!" pltf. himself.
N. de Silla, pltf. v/s Geurt Coerten and wife, defts. Relative to
the slander of Mde. Beeckman and Steenwyck. Defts. being asked,
whether they can prove, according to previous order, from whom they had
heard the slander; answer No — inasmuch as the persons who heard it
refuse now to make declaration. Requesting that they be constrained
thereto. The Hon''!" Beeckman requests justice. Wherefore the Hon"!'
Schout was ordered to take further information.
222 Court Minutes of New Amsterdam. [1656
Jacob Van Couwenhoven, pltf. v/s Tomas Lambertsen, deft. Pltf.
demands of deft., as having married the widow of Juryaen Andries, pay-
ment of a balance of fl. 487. i. according to specification and extract of
a/c. Deft, maintains that his wife had nothing on a/c but fish, mackerel
etc. for nursing the foster child. Pltf. offers, that deft's wife examine the
a/c and settle it by arbitration, with which the deft, is content. Where-
fore, the W. Court appointed Sieurs Pieter Corn! van der Veen and
Hend"^ Jansen van der Vin to examine the a/cs of parties in the presence
of the guardians over the minor children of Jannetie Juryaens, and if
possible to reconcile them or to render a report to the Bench.
N. de Silla, pltf. v/s Dirck Holgersen, deft. Deft, requests by peti-
tion copy of the Officers demand, as he has not time to appear, to answer
to the same by the next Court day. Pltf. rendering briefly his demand,
thereupon was endorsed — The Court grants deft., according to his peti-
tion, copy of the demand to answer thereunto in writing by the next Court
day.
Jacob van Couwenhoven, pltf. v/s Andries Jochemsen, deft. Deft,
in default.
Isaac Greveraer, pltf. v/s Pieter Ebel, deft. Deft, in default.
Borger Jorissen, pltf. v/s Cornells Van Tienhoven, deft. Pltf's wife
appears, but deft, remains absent. Therefore default was granted against
the deft.
Wolfert Webber, pltf. v/s Cornells Jacobsen Stille, deft. Deft, in
default.
Gysbert Op Dyck appears in Court requesting permission to sell wine
and beer by the small measure, as he hired the house next the City (?)
and is occasionally asked to lodge strangers and to sell them wine
and beer. Whereupon question being put, the petitioner's request was
granted.
Solomon La Chair as Farmer of the excise on cattle slaughtered within
this City appears in Court requesting that sworn butchers may be ap-
pointed and confirmed. Whereupon having examined the petition and
verbal applications for that office made to the Burgomasters and Schepens,
it is resolved to appoint thereto Willem Clasen, Gerritt Jansen Roos and
Jan van Haerlem, who shall, each, be bound to serve in butchering and
cutting up, and to provide, have and possess their own ropes, hand bar-
1656] Court Minutes of New Amsterdam. 223
rows, troughs and other articles requisite for slaughtering and receive for
butchering and cutting as follows: —
For every ox or cow four guilders;
For every pig under 80 lbs w' 20 stivers;
" from 80 @ 120 lbs w' 25 stiv:
" over that 30 stiv:
a calf, one guilder;
a sheep, or goat 12 stivers.
But the same must be first communicated to the Hon*"!' Director General
and Council and their approval thereof requested.
Jacob Crap by petition requests time until the spring or his return
from the South river, without being hindered in his right, inasmuch as ac-
cording to order he cannot for the present put in further proof relative to
his claim against Teunis the Mason, which was granted him.
The Court having seen and examined the claim of Eduard Teller
and Tomas Landon relative to loss and damage incurred through Willem
Harck, together with the further proof and demand of Willem Harck,
endorse — It is ordered by the Court, that W. Harck shall be furnished
with copy of these particulars of a/c and that Teller shall render, within
three times 24 hours from date, proof of his a/c and suffered damage.
Whereas suit is instituted before this Court by Solomon La Chair as
pltf. against Abram Linthout as deft, for and on account of certain butter,
which La Chair paid to Jan Laurens pursuant to judgment, which Linth-
out bought and traded; also for an open a/c for the sum of fl. 78. 2. And
in reconvention by Linthout for payment of i pc. of linen, restitution of
one silver cup, and damage suffered from arrest. Therefore the Court of
this City having seen and examined the demand and answers of parties
both in convention and reconvention, and further papers, documents and
proofs produced to this effect by parties on both sides, find by certificates
read and sworn to, that parties agreed together at Fort Orange as to their
open a/cs. and La Chair's claim was accordingly dismissed. As regards
the butter, they find that the same was not brought into the a/c, wherein
parties agreed at Fort Orange, and inasmuch as Sol. La Chair was ordered
after the date of the agreement to pay the butter to Jan Laurens, saving
his recourse against Linthout, therefore Linthout is condemned by plurality
of votes to return the payment of said butter to La Chair, except the
224 Court Minutes of New Amsterdam. [1656
tubs of butter, delivered by both of them to Couwenhoven, the payment
whereof La Chair shall demand from Couwenhoven, so that to La Chair
comes from said butter by balance fl. 12S. Regarding Linthout's claim
in reconvention as to the arrest, they find that La Chair has illegally
arrested Linthout and prevented his voyage. Wherefore La Chair was
condemned to pay the damage incurred thereby estimated by the Court on
the demand made therefor, @ fl. 95. La Chair is also condemned to pay
the piece of linen, which according to agreement with Linthout he re-
ceived amounting to the sum of fl. 51., which being counted against the
aforesaid fl. 128 from the butter, they find that La Chair remains indebted
fl. 18. besides restoration of the silver cup according to La Chair's offer
made in Court. The costs of suit incurred by parties on both sides, it is
decided by the Court, that each shall pay his own. Done this 6. Nov.
1656. At Amsterdam in N. Netherland at the Court aforesaid.
Tuesday 7. November 1656. In the City Hall. Present Allard
Anthony, Oloff Stevensen, Jacob Strycker, Jan Vinje, Will. Beeckman,
and Hendrick Kip.
Whereas Edward Teller neglects to prove, pursuant to the order of
the Court, what, and the description of, damage he has suffered by the
loss of his bark and goods and Will: Harck is not content with the oath,
which Teller offers to take in the case, but that parties on both sides be
referred to the decision of arbitrators who may be appointed thereunto by
the Court: Therefore the Court have on the instant request of parties for
the expedition of affairs, appointed, as they hereby do, Juryaen Blanck,
Claes Bordingh, M'- Richard Smith, Senior, and M'- James Keel who are
authorized to reconcile parties if possible or otherwise to report their
Opinion to the Bench.
Read in Court the drafted letter of the Burgomasters and Schepens
to the Hon''!^ Lords Majors the Directors of the West India Company, the
Chamber at Amsterdam, and resolved to deliver copy thereof to the
Hon"° General, in order that his Honor may know the same according to
previous resolution.
W. Vander Veen appears in Court exhibiting the items of a/c of costs
incurred in the suit against the Hon^'^ Allard Anthony, requesting that
the Hon: Court will be pleased to tax or approve it. But whereas the
1656] Court Minutes of New Amsterdam. 225
Hon'''.'' Silla who is best acquainted with such things is absent, it is post-
poned.
On the petition of Abraham Linthout, is endorsed on the judgment
between La Chair and Linthout; The Hon^''' Officer is requested to
execute the above judgment. Done the 9. Novemb' 1656. By order of
the Hon''!* President of the Burgomasters and Schepens.
Signed Jacob Kip, Secretary.
Extraordinary Session held on the 10'.'' Novemb' 1656. In the City
Hall. Present Allard Anthony, Oloff Stevensen, Johannes Verbrugge,
Jacob Strycker, and Hendrick Kip.
The Honble. Silla, present.
Willem Beeckman, pltf. v/s M' Isaack Allerton, Senior, deft. Pltf.
demands payment of balance of a note due 30 days after the arrival of the
ships from Patria, being fl. 952. with costs and damages thereon. Deft,
acknowledges the debt ; requests a delay of 3 months as he is a Burgher
here, on paying interest. Pltf. repying demands payment, as the time is
expired, and he cannot suffer delay. Burgomasters and Schepens having
seen the original obligation, find that the time of payment is expired and
that the deft, acknowledges the debt — Therefore they condemn the deft.
Mr. Isaac Allerton to pay the pltf. the balance fl. 952 according to obliga-
tion and that within 14 days from date, and if he depart in the mean-
while, to enter sufficient bail before his departure in favor of the pltf. He
is also condemned in the costs incurred herein.
Having seen the writing delivered in by Solomon La Chair relative to
the a/c of Linthout and having heard the verbal request of said Linthout,
the Court have sent for the abovenamed La Chair to Court, and after
explanation of difference, order that La Chair shall forthwith, without
delay, fulfill the judgment pronounced on the Io'^ of this month; and
further restore immediately, what he has at home belonging to Linthout.
Wherefore the Court Messenger was sent with him for the performance
and execution hereof.
Willem Harck and Edouard Teller appear in Court stating that ac-
cording to the acte of arbitration, they cannot arrive at any conclusion or
decision, since Harck introduced other proof of matters than he has
previously exhibited in Court ; and whereas by the acte of the appointed
VOL. II.— 15
226 Court Minutes of New Amsterdam. [1656
arbitrators they have not been able to unite the parties and they have
returned back to Court the case without advice thereupon, therefore is
pronounced the following judgment. The Court having seen the proofs
exhibited this day in Court by Will: Harck, find now, though Will.
Harck, previous to rendering of judgment on the i" of Nov' last, de-
clared he had no further evidence, by divers declarations and sufficient
proofs, that Ed"^ Teller could have saved his bark at the approach of the
storm, whereas being drifting from one to the other yacht he used no
diligence, and other boatmen proceeded on board, and he Teller sent no
one, nor went himself on board his vessel nor left any person therein, and
therefore caused the loss of his bark and goods. Wherefore Teller's de-
mand in the case against Will: Harck is dismissed, but as it appears,
that Harck illegally arrested Teller, Harck was therefore condemned in
the costs of suit and loss of time and expenses incurred by Teller from
the time of arrest to date hereof, and that on the taxation and estimation
of the Court. Done as above.
Hendrick Hendrix, Drummer, appears before the Secretary and de-
clares to remain security for Piet^ Luyckersen arrested by Jan Peeck, for
the judgment of the Court in the action which he, Jan Peeck may institute
against Pieter Luyckersen; under due renunciation. In witness he has
subscribed these, this Io'^ Nov' 1656.
Was signed Hendrick Hendricksen.
The Court having seen and examined, pursuant to sentence dated
10'.^ Nov. last, the items of a/c of the incurred costs, expenses, and lost
time rendered by Willem (Edward) Teller, since his arrest by Will: Harck,
to date 10'.'' Nov', have taxed and estimated the same, to wit — for lost time
and expenses, the sum of One hundred guilders; for the extraordinary
session fl. 38; and for the Secretary, Notary and Court Messenger accord-
ing as they shall shew by bill is due to them. Thus done, taxed and
estimated this 11. Nov- 1656. At Amsterdam in N. Netherland.
Present Allard Anthony,
Oloff Stevensen,
Hendrick Kip.
Monday, 13. Nov. 1656. In the City Hall. Present Allard An-
thony, Oloff Stevensen, Joh: Vanbrugh, Jacob Strycker, Jan Vinje,
Willem Beeckman, Hendrick Kip.
1656] Court Minutes of New Amsterdam. 227
The Schout d'Silla, pltf. v/s Jan Perie, deft. Whereas the pltf. is
on board of ship, he is excused from default.
Hendrick Pieter Kint in 7 Water^ pltf. v/s Pieter Kock, deft. Deft,
in default.
Nicolaes Backer, pltf. v/s Annetie Smits, deft. Deft, in default.
Pltf. appears in Court exhibiting some zeewan, which he received from
the deft, maintaining, that it is not good and that he is not bound to re-
ceive it. The Court having examined the zeewan in question, decide
that it is good valid zeewan, offering themselves in particular to receive
it. Therefore dismiss pltf's demand.
Wolfert Webber,* pltf. v/s Cornelis Jacobsen Stille, deft. Pltf.
complains that the deft, tore down the fence of his farm repeatedly; re-
questing that the same be forbidden and that he be ordered to make it
close anew. Also that he be ordered to erect the partition fence with him,
and to restore the hammer of a plough. Deft, denies expressly, that he
has broken the fence. Complaining equally against the pltf. that he broke
his fence in the valley. Also, that pltf. has said, his boy had stolen the
hammer of the plough, as the hammer was found with his boy. Demand-
ing likewise a wheel of a wheelbarrow. Pltf. offers to restore, what he
may have of the deft's. And whereas parties mutually complain of the
fence, the Honble. Schepens Jan Vinje and William Beeckman are author-
ized to inspect the same and therein to make such absolute order, as they
may deem proper, and further were parties ordered each to restore what-
ever they may have belonging to the other.
Jacob van Couwenhoven, pltf. v/s Pieter Jansen, deft. Deft, in
default.
Dirck Jansen, pltf. v/s Cornelis Jansen, woodsawyer, deft. Deft,
in default.
Frerick Arentsen, pltf. v/s Lourens And" Van Boskerck, deft. Deft,
in default.
Engeltie Mans appears in Court requesting whereas she has sum-
moned C. v. Tienhoven before the Court and he has not appeared, that
she may institute her action, but as it is not certain, where the said
Corn's van Tienhoven is, it was decided still to wait somewhat.
* Webber's farm was between Chatham and Madison Streets, running from Pearl
to James, where it abutted on Stille's.
228 Court Minutes of New Amsterdam. [1656
Jan Rutgersen, pltf. v/s Hendrick Jansen van Naerden, deft. In
case of arrest, for payment of fl. ii. minus one stiver. Deft, says he
never refused payment. He was to have money from Jan Evertsen to
pay pltf. with. Did not know but he was paid. He was also to have
money from pltf's son and cannot get it; but undertakes to pay within 8
days. Pltf. being satisfied with that, the deft, was condemned to pay ac-
cording to his offer and acceptance and meanwhile to enter bail.
Mattys Capito, pltf. v/s Jacob Hend'k Varvanger, deft. Pltf. de-
mands payment of fl. 117. i. for Adriaen Keyser, according to previous
demand entered before the Court on the 15. May last, suing out the arrest
issued in the case against the proceeds of the tobacco, which he pltf. had
belonging to A. Keyser. Deft, requests proof that he owes any thing to
the aforesaid Keyser. Pltf. replying says he has no other proofs, than
the entries in his book. And whereas it is a case of book account, the
pltf. is ordered to exhibit his book by the next Court day, and confirm
the same by oath, and that he has not received any part thereof, when he
shall come in with other creditors.
Monday, 20. Nov: 1656. In the City Hall. Present N. de Silla,
Allard Anthony, Oloff Stevensen, Johan Verbrugge, Jacob Strycker,
Will: Beeckman, and Hendrick Kip.
M' Paulus vander Beeck appears in Court requesting, as Farmer of
the Burger excise, that the Court would fix some certain hours in the
day, when he should issue licenses and they should be taken by the
Burghers; also that it be ordered, that no brewer should convey or cause
to be conveyed any beer except by sworn carriers, so as to prevent ail
fraud. The request being found just, the Court decide, that the Farmer
or his collector shall sit each morning from 8 to 11 o'Clock, and in the
afternoon from i. to 4 o'Clock, at a certain place, which he says will be
the office of Isaack d'Foreest, there to wait on every Burgher within that
time; and that he shall not be bound to grant any licenses before, after
or between this time except occasionally to some strangers, who would
wish to take away wine or beer. And it was further decided and, pursuant
to previous ordinance, ordered, that no brewers shall convey or have con-
veyed any beer except by the sworn beer carriers or one of them, unless
they have rec'? express consent of the same. Done as above.
1656] Court Minutes of New Amsterdam. 229
The Hon'''.* Vinge, present.
The Honble. N. de Silla, pltf. v/s Jan Perie, tavernkeeper, deft. Pltf.
says, that between Saturday and Sunday, being the 4'!^ Nov. last, when
the Lord's Supper was to have been distributed, the deft, without any
provocation struck four different times Hendrick the Drummer and treated
him with violence in the office of the Notary M: de Vos, when he came to
make a declaration of the truth there, so that said Hend'k the drummer
was obliged to resist him, when he was assisted by others, as appears by
the certificates exhibited by the pltf. in Court and read before the deft.
Requesting, ex officio, that the deft, shall be duly punished therefor ac-
cording to the charters and Recueil oi Rooseboom.* Deft, denies having
been in a Notary's office; says that he was in a public tavern where he
being very drunk was called out of his house to give some evidence or de-
claration, and as they wanted him to testify to something, which he would
not or could not do, acknowledges that some words arose and he struck
the aforesaid Hendrick the drummer. Maintains he does not merit pun-
ishment. Parties being heard, the Court order the pltf. to summon the
Notary M. de Vos and Hendrick the drummer by the next Court day, to
be then heard himself touching the deft's exceptions and the case in
dispute.
Allard Anthony, pltf. v/s Jan van Leyden, in case of arrest, deft.
Pltf. says he has arrested the deft, because the deft, refiises to pay him
his accrued costs according to judgment obtained against him, dated 23
Oct- 1655. Requesting payment of the costs and execution of the judg-
ment. Saying, also, that deft, has heretofore broke his arrest. Deft,
says, he has never seen any a/c of pltf's claim, nor refused payment, nor
has there been ever any a/c of costs rendered or demanded. Complain-
ing that pltf. heretofore unlawfully apprehended him and hunted him with
unnecessary costs, whereof he demands satisfaction. The Court having
seen the aforesaid judgment, order the Honble Allard Anthony to deliver
to the Hon: Olof. by two o'Clock in the afternoon the items of cost to be
examined and taxed by Burgomasters and Schepens. Meanwhile the
* Gerard Rooseboom was Secretary or Clerk of the City of Amsterdam, and compiled
a Recueil or Collection of Laws and Customs, together with the Forms of Procedure in
the Court of that City, of which a second edition was published in 1656. The Law
against Fighting etc. is in Ch. XL of said work.
230 Court Minutes of New Amsterdam. [1656
arrest was declared valid, but in case the Hon''!^ Allard fail to render his
bill at the aforesaid time, the deft, shall be discharged from arrest.
Jacob van Couwenhoven, pltf. v/s Pieter Jansen, deft. Pltf. de-
mands payment of fl. 120. to wit fl. 96. for two anchors of brandy and fi.
24 for a tun of strong beer. Deft, says, he received only 2 anchors of
brandy and that he bought the same for fl. 80., whereupon he paid fl. 15.
in stone etc., which he undertakes to prove. Denies having had the tun
of beer; promising to pay what he owes in six weeks. Says he never had
any a/c. Parties being heard, it was ordered to grant each other copy of
their a/c, and if they cannot agree, then to institute their action at the
next Court.
Solomon La Chair, pltf. v/s Margriet Rendels, deft. Deft, in de-
fault.
Solomon La Chair, pltf. v/s Will: Harck, deft. Deft, in default.
Johannes La Montagne, Junior, pltf. v/s Symon Joosten, deft. In
case of arrest. Pltf. as att'y for Jan Aryaensen, who married the widow
of Pieter Gillisen dec*^, demands, by procuration dated 23^! April 1655
passed before Notary Andrew Cock and witnesses at Amsterdam, payment
of fl. no on a note dated 28'-'' August 1651. and that with interest and
damages thereon. Deft, acknowledges the debt. Regrets that he is at
present unable to pay. Parties being heard, the deft, was condemned
by the Court to pay within 6 weeks according to obligation. In the mean-
time the arrest was declared valid until sufficient bail be put in.
Hon'''.^ Joh: Verbrugge retires.
Abram Nickels appears in Court exhibiting as att'y for Corn' Schut,
the judgment against Caspar and Judith Verleth and requests, that pur-
suant to said judgment the house and goods of aforesaid Verleth be placed
under execution for the payment of said debt. The Court decided that,
as the children of aforesaid Verleth are here present, they be summoned
by the next Monday, to demand of them, if they will be responsible for
the claim or allow the goods to be sold. When further disposition shall
be taken therein.
On the complaint of the Hon"'' Jacob Strycker presented in Court,
that the chimney of Jacob Stevensen's house in Pearl Street was neither
repaired nor pulled down, although he frequently was complained of to
the Fire Inspectors, and they up to the present time have made no dis-
1656] Court Minutes of New Amsterdam. 231
position therein, requesting that the Court may provide for the case, as he
is the next neighbour and nothing else is to be expected, not only by him
but by the whole street, but a sudden destruction by fire; the Fire Inspec-
tors and the Hon^l^ Sheriff were ordered and authorized to forbid within
24 hours the aforesaid Jacob Stevensen and his wife, to make any more
fire there, under such circumstances; or to pull down the chimney, and to
make such disposition therein as to them may seem proper in the premises.
Done in Court the 20'!' Nov. 1656. at Amsterdam in New Netherland.
The Honble Schout d'Silla requests judgment and despatch in his
action instituted the 23I Oct last, against Michel Jansen for tapping after
bell ring. Whereupon the Court having looked over and examined the
Ordinances and placards formerly published and enacted here on this sub-
ject, have condemned, as they hereby do, the aforesaid Michel Jansen,
for tapping for the two soldiers after bell ring who were there and were
known by him, in the fine and penalty of fl. 12. to be applied to the
Officer's benefit. Done as above.
The Honble W: Beeckman requests, inasmuch as orders were issued
on the 3o'^ Oct^ last to take further information relative to the calumnies
of Geurt Coerten's wife, which the Honble Schout now exhibits from Jan
Adamsen, who denies having told such to her, Geurt Coerten's wife, that
she shall be duly punished for the slanders. Endorsement. — These being
exhibited to the Court, and the Hon''!" Beeckman having received no sat-
isfaction for the slanders, it was ordered that copies hereof and of Jan
Adamsen's declaration shall be granted to Geurt and his wife, to deliver
in, by the next Court day, their defence and vindication against the same,
or in default thereof, that final disposition shall be made therein.
Jacob Kip requests, as the Burgher excise is now farmed, and salary
is allowed him apart from the tapsters excise, and he has been promised,
that something should be paid him for what is in addition to his Secre-
tary's office, that the Court would be pleased to allow him something for
the receipt and charge of the excise and to appoint some one from the
Bench, to audit the account thereof. The request being heard, it was
decided that the petitioner Kip is accountable to the Burgomasters, ac-
cording to the Order of the Hon*"!^ General, and that attention shall be
paid to his salary.
Solomon La Chair presents the following petition as Farmer of the
232 Court Minutes of New Amsterdam. [1656
slaughter excise, which being considered, the following endorsement is
granted:
To the Hon''!'^ Schoiit, Burgomasters, and Schepens of this City of
Amsterdam in N. Netherland.
Solomon La Chair, as Farmer of the slaughtered cattle, respectfully
requests, that your Worships be pleased, according to promise, to appoint
sworn butchers and as much as possible to prevent misunderstandings and
disputes, to commission one or more valuators, or to authorize me, ac-
cording to divers farmer-ordinances of Fatherland, to take the cattle for
such price as I think they are worth, on paying, in merchantable beaver,
so much as they otherwise should pay for the excise ; and if your Worships
appoint' valuators, that the cattle, by tl^e ordinance of valuation be esti-
mated at what they are worth in zeewan.
2. When sold for beavers or other currency equal to beaver, that the
beavers may be counted at twelve guilders; otherwise, the common
people, who buy for zeewan and pay one stiver in the guilder, are charged
more than others, who unlike them contract lower for beaver, and not-
withstanding kill better cattle. He requests, thereupon, your Worships
precise orders.
3. That those, who please to kill any cattle should keep these alive
at least half a day after they had received a slaughter permit or had
notified the Farmer, so that the valuators may have time to examine said
beast or cattle.
4. That whoever receives any cattle to sell notify me and after it is
sold, to whom and for what, in order that all smuggling be, as much as
possible, prevented. That doing I remain your Worships' faithful subject
and was signed, Solomon La Chair. Done the 2o'^ Nov. 1656.
Endorsement on the above petition of Solomon La Chair, as farmer
of the Slaughter excise within this City.
Regarding the butchers, it is decided and ordered by Burgomasters
and Schepens with the approbation of the Hon'''.^ Director General, that
every one who shall make a profession of slaughtering, or kill for him-
self, shall be allowed so to do, but at such price as the Court has fixed
or shall establish otherwise he cannot slaughter; but no one shall be
allowed to slaughter without a proper permit from the Farmer, under
a penalty of fl. 25. in addition to the fine therein formerly enacted,
1656] Court Minutes of New Amsterdam. 233
to be paid by the butcher who does so. Regarding the estimating the
price of the slaughtered cattle, it is ordered and decided, that for the
cattle, which may be sold for beavers and may be rated at the price of
sale, the owner shall pay the Farmer for the excise in zeewan @ ten
guilders for each beaver. And if the Farmer doubt, that the cattle are
valued too low, he may himself value the same or let them be valued, but
in such time that the Burgher shall not be thereby obstructed in the kill-
ing, and should the Farmer estimate the cattle too high, the owner shall
have the privilege of letting the Farmer retain the same, on condition that
the Farmer shall pay the owner over and above his valuation, ten per
centum, and that in beavers @ fl. 8. or in zeewan @ fl. lo. according to
the owners entry thereof or purchase. Thus done, endorsed and ordered
in the Court aforesaid this 20'?^ Nov. 1656. At Amsterdam in N. Nether-
land. Allard Anthony,
Oloff Stevensen,
Jacob Strycker,
J. Vinje,
Will: Beeckman,
Hendrick Kip.
Neeltie Wessels, the mother of Warnaer Wessels requests by petition
to the Burgomasters and Schepens leave to follow the trade of an eating
house and to bring in and tap out wine and beer. Whereupon was en-
dorsed— The Petitioner's request is granted on condition that she observe
such order as is proper therein. Done this 22 Nov' 1656. Present,
Hon^!" Allard Anthony, Hon".^ Olof Stevensen, Hon*'!^ Jacob Strycker,
Hon"!^ Hendrick Kip.
Thursday, 23"? Nov! 1656. In the City Hall. Present N. de Silla,
Allard Anthony, Oloff Stevensen, Joh : Pt' Verbrugge, Jacob Strycker,
Will: Beeckman, Hendrick Kip.
Whereas the Farmer of the Burgher excise raises a question regarding
the visiting of the brewers' houses and cellars, which the Hon'''.' Oloff
refuses him; and that the brewers should, with other burghers, pay the
excise, the abovementioned Magistrates are therefore met to draw up some
resolution about it, and a certain ordinance in force in Holland being ac-
cordingly looked into and examined. It is resolved — That the Members
of the Court, who are not brewers, namely the Hon"'" Silla, Allard, Ver-
234 Court Minutes of New Amsterdam. [1656
brugge and Strycker, who will not decide absolutely in the case, shall
communicate with the Hon'''.^ General and having deliberated thereupon
with his Honour, shall dispose therein as to them shall seem proper.
To the W. Burgomasters and Schepens of the City of Amsterdam in
N: Netherland.
Honble Friends,
Whereas I, Paulus vander Beeck, have remained Farmer of the
Burgher excise Octob. A° 1656. I request, therefore to be maintained in
my right. I went, on the 22"? Nov' 1656. to the house of the Hon''!^ Olof
van Cortland, brewer, with the Court Messenger to inspect his cellar, and
see, whether there was any beer or wine therein, which the Hon'''.^ Van
Cortland would not permit me nor other brewers to do; being Burgo-
master, he forbade me the same, which causes me much damage, because
I should have caught all the other brewers, as they to this time have not
returned any beer or wine. In the antient charters {Handvesten) it is pro-
claimed at Amsterdam by the ringing of the bell, fol. 293, 10 July 1586.,
that no person shall cause to be brought within this City or its liberties any
beer, whether tuns, halfbarrels or quarters, from brewers' or beer mer-
chants' houses, or from any ships, boats or places, to be tapped or drank
within his house; In the same Placard the beer carriers are ordered not to
bring any beer or any exciseable articles into any houses, without a permit
from the excise officer. As no brewers have made any entry to the present
time, I therefore maintain, that I can visit all brewers' cellars, unless said
brewers had filed an affidavit with the excise Master according to the
Placard proclaimed with the bell at Amsterdam in Netherland, the 10 July
A° 1586. I request, therefore, that tTie Hon"" Olof Van Cortland may
be condemned in the fine to be paid by him and all brewers. But all at
the discretion of the Judge. This 23. pber 1656. At Amsterdam in N:
Netherland. Under Stood,
Y^ Worships' humble servant and
Signed, Paulus van der Beeck.
Endorsement on the annexed petition: — Touching the valuing of the
brewers beer, it is disposed of by the Ordinance, copy whereof is handed
to the petitioner. As to what relates to the fact, that no brewers have
valued any beer, it is decided and ordered, that each brewer shall agree
with the Farmer for their brewing and consumption since the i'.' Nov' to
1656] Court Minutes of New Amsterdam. 235
this date; and should they not agree, the Court shall then dispose of the
matter: if the petitioner thinks, he has any right of action against the
Honorable Olof Stevensen, he may institute the same at the next ordinary
Court, to be disposed of according to its merits. Thus done and con-
cluded the 6. Dec^ 1656. At Amsterdam in N: Netherland.
Allard Anthony.
Jacob Strycker.
To the Hon''!^ Director General of New Netherland.
We the undersigned Schout Burgomasters and Schepens represent,
that a certain petition and complaint has been handed to us by the Farmer
of the Burgher excise for having been prevented from visiting the brewers'
cellars, as may further be seen from the petition annexed: And whereas
we have found in the Ordinance of the year 1649 enacted by the Lords
States General, art: 34. regarding the home brewed beer, as follows: —
" Item^ the brewers and brewers' wives shall pay for their drinking
beer as the duty on each brewing, whether large or small, — twelve stivers;
which they shall be bound to pay at the demand of the Farmer or Collec-
tor, without others enjoying these brewers privileges, except those in the
trade and residing in the brewery; and for the beer which they send from
their dwelling houses to other houses or places in barrels large or small,
the brewers shall be bound to pay the full impost, as they shall also be
bound to do for all foreign beer, whether they store this in their ordinary
dwelling or elsewhere; and the beer merchants shall pay for each head of
their family being 12 years old, eight stivers per month, or so much as
they shall agree on with the Farmer."
It was, therefore, decided by us, that conformably to the above-
mentioned article the Farmer must be maintained in his right, and
explanation thereon being necessary, we request your Honor's interpreta-
tion as the brewers say, they are not beer merchants.
Concerning the fine required in the annexed petition, we say, no fine
is due, inasmuch as the Farmer will make inspection without the Schout
or Court Messenger. Expecting hereupon Your Hon'rs disposition we
remain your Honors humble Schout, Burgomasters and Schepens
Signed, N. de Silla, Allard Anthony,
Joh Pt' Verbrughe, Jacob Strycker.
Done this 23^? Nov. 1656. Amstd'^ in N: N.
236 Court Minutes of New Amsterdam. [1656
On the representation of Schout, Burgomasters and Schepens it is
advised, and until the more complete organization of the ordinary-
Council, provisionally ordered, that the farming of the Burghers wine and
beer excise being done with the approbation of the Director General and
Council by the Schout, Burgomasters and Schepens according to the
custom and order of Fatherland, consequently also the ordinances and
regulations, made on that subject by the high authority of our Fatherland
ought to be followed and observed here as much as possible. Wherefore
we order and conclude, by way of explanation,
I.
That all, who follow brewing within this City's jurisdiction shall,
pursuant to the ordinance, pay to the Farmer, each brewing, whether of
strong or small beer, 20 stivers.
II.
To prevent fraud and smuggling, it is ordered and decreed, that no
brewers or breAvers' wives shall remove or store any barreled beer out of
the brewhouse into their own or even into other people's houses or cellars
without previously notifying the Farmer thereof and receiving a cocket or
permit therefor from the Farmer or his collector, whereupon the quantity
of the beer, which the brewer or brewers wife shall intend to remove on
his or her own a/c, must appear. For which permit shall be paid to the
Farmer six stivers, the brewers or brewers wife being bound to submit
themselves to the guage, and penalty for fraud and wantage.
It were well that a general ordinance should make a distinction be-
tween brewers and beer merchants, which is not yet observed here, since
the brewers themselves retailing beer by the whole, half and quarter tun
are to be considered both as brewers and beer merchants.
III.
Therefore it is decided and provisionally ordered, that brewers and
beer retailers shall agree with the Farmer about their own consumption ;
or otherwise pay eight stivers per month for each head above twelve years
old for their consumption according to the ordinance.
IV.
Regarding the demand against the brewer or brewers, who hitherto
refused to submit to the guaging, the Farmer is for this time, dismissed,
on condition however, that the contumacious brewer shall make an
1656] Court Minutes of New Amsterdam. 237
apology to the City of Amsterdam in N. Netherland, and that the Farmer
shall receive the ordained Burgher excise, according to the letting for
twelve consecutive months after the publication or notification hereof, as
a reparation of his claim and to prevent further complaint.
V.
Noticing by the conditions of the letting that the beer and wine excise
is extended to all indifferently whether Company's servants or freemen;
to prevent further claim it is decreed and ordained, that the same shall
provisionally take place provided that the Farmer civilly agree with the
Company's servants, the Company alone remaining exempt therefrom and
whatever is stored or sent for their a/c. Thus provisionally ordained and
recommended by the Hon''!" Director General this 25'!' 9*"?' 1656. at Am-
sterdam in N. Netherland.
Was subscribed, P. Stuyvesant.
Under Stood; By order of the Hon''!^ Director General
of New Netherland, Curasao, etc.
Signed, C. van Ruyven, Sec'y.
Wednesday, 29. Nov' 1656. In the City Hall. Present Allard An-
thony, Oloff Stevensen, Joh: Verbrugge, Jacob Strycker, Jan Vinje,
Willem Beeckman, and Hendrick Kip.
Mr. Paulus van der Beeck, as Farmer of the Burgher excise, presents
the following request, and whereas the previous petition of the Farmer
relative to the brewers was communicated to the Hon*"'." General and dis-
posed of by his Honour, it was therefore taken into consideration whether
the foregoing petition should be likewise communicated to the Hon*'!'
General or be disposed of by the Court; whereupon question being put,
it was resolved to dispose of the same here; and it was consequently de-
cided, that all, who may receive any v/ine or beer from Patria or other
places, shall be bound to bargain with the Farmer for what they consume
in their houses over the ordinary duty; and in case they cannot agree
about it, such shall remain at the discretion of the Court to be regulated
according to each person's condition and circumstances.
To the Hon'''.'' Burgomasters and Schepens of the City of Amsterdam
in New Netherland.
Paulus van der Beeck, Tax Master of the Burgher excise respectfully
238 Court Minutes of New Amsterdam. [1656
represents, inasmuch as in the letting, no person is exempt from the
excise, and no wines are entered to the present time by traders and other
Burghers, the petitioner therefore requests, that he be granted acte of
consent, to visit all cellars and houses, in order to prevent all smuggling,
and for the maintenance of the City excise. Whereupon I expect your
Honors' favorable apostille. Amsterdam in N. Netherland this 28'.'' gber
1656. Under Stood. Your Honors Servant,
Signed Paulus van der Beeck.
Endorsement.
The matter of this petition is disposed of by the Ordinance, copy of
which has been placed in petitioner's hands. Done this 6. Deci 1656.
The Hon*".^ President, Allard Anthony, exhibits in Court the Apostille
(entered heretofore) granted by the Hon"^ General upon the petition of
the Farmer relative to the brewers, and whereas the members of the Court,
who are brewers, insist, that said apostille tends greatly to the prejudice
of themselves and all brewers of this City, the said Magistrates M^ho are
brewers conclude to address the Hon^'^ General thereupon, to prevent, if
possible, the same being enforced.
Thursday, 3o'^ Nov: 1656. In the City Hall. Present Allard An-
thony, Oloff Stevensen, Joh: Verbrugge, Jacob Strycker, Jan Vinje, Will:
Beeckman, and Hendrick Kip.
On the report of the Hon''!^ President and members of the Court who
are brewers, made to the bench, that they had, pursuant to the resolution
adopted yesterday, been with the Hon''!'' General, and that his Hon' had
given them for answer, that he had offered merely a simple advice and
ordered that the Burgomasters and Schepens should make such order on
the Farmer's petition as they should deem proper; it is resolved to send
for the Farmer to Court to hear what his petition is.
Mr. Paulus van der Beeck appears as Farmer of the Burgher's excise,
in Court of Burgomasters and Schepens, requesting strictly, that it be
ordered, that the brewers shall be bound, like other Burghers, to pay the
Burgher excise, and as soon as they have brewed that they should enter
what they may have put into barrels, so as to prevent all frauds, and that
the Court would/please regulate the guaging of the brewers, and what
they to the present time, have not entered.
1656] Court Minutes of New Amsterdam. 239
The request of the Farmer presented to Court both by petition and
verbally, as hereinbefore specified, being considered, It is resolved to
draw up some order thereupon as was done and hereafter follows; and
that the same be communicated to the Hon''!* General and to request his
approval thereof, so as to prevent for the future, all further differences.
FURTHER ORDINANCE RELATIVE TO THE BURGHER EXCISE OF WINE
AND BEER.
Burgomasters and Schepens of the City of Amsterdam in N. Nether-
land having seen and examined the petitions and verbal request of Paulus
van der Beck, as Farmer of the Burgher excise, presented to them tend-
ing to the effect, that the brewers as well as other Burghers are liable to
the Burgher excise on the beer brewed by themselves and consumed in
their families; and for the prevention of all frauds, that the brewers shall
be bound to enter, as soon as they have brewed, their barrelled beer;
also, that the traders, who receive wines or beer from Patria or elsewhere,
shall equally pay the Burgher excise on what they consume and be sub-
ject to inspection. Therefore, their Worships after mature deliberation
and examination of the laws and customs of our Fatherland in use in this
regard, hereby, for the maintenance of the Farmer in his right, Do Ordain
and Consent
First.
That the Farmer shall have power properly to visit, whenever he
pleases, the brewhouses of the brewer or brewers.
Secondly.
That the brewers shall be bound to pay the Farmer six stivers for
every brewing which they make, for their consumption, whether it be
large or small.
Thirdly.
In case the brewer or brewers will remove and bring any barrelled
beer whether much or less, strong or small beer from their brewery into
their or other persons' cellars, houses, stores etc., they shall be bound to
take a permit from the Farmer whereupon the quantity and quality is
marked; for each permit they shall pay four stivers; but for so much as
they lay in their houses or cellars, for their own supply, they shall be
240 Court Minutes of New Amsterdam. [1656
bound to take out an excise license and pay therefor, like other burghers,
the proper excise.
Fourthly.
It is ordained and allowed, in like manner, pursuant to the custom
and order of our Fatherland, that all, who may receive any wines or beer
from Patria, or other places, shall be bound to arrange with the Farmer
for the ordinary tax of what they consume in their house and in case they
cannot agree together thereupon, such shall remain at the discretion of the
Court to order absolutely therein according to each one's condition and
circumstances.
And in order that no one may pretend ignorance, is this, with the ap-
probation of the Hon"" Director General, published from and affixed to
the City Hall, the 6. Dec' 1656. at Amsterdam in New Netherland.
Allard Anthony,
Jacob Strycker.
PETITION AND APOSTILLE OF APPROVAL OF THE ANNEXED ORDINANCE.
To the Hon'''.^ Director of New Netherland.
The Burgomasters and Schepens of this City of Amsterdam in N.
Netherland respectfully represent —
That on the petition of Paulus van der Beeck, Farmer of the Burgher
excise, we have drawn up a further rule, which is not stated in the letting,
in accordance with the laudable custom of our Fatherland; and whereas
we deem it necessary, that the same be approved by your Honour previous
to its being published and posted, in order to obviate all future differ-
ences, we, therefore, communicate the same herewith to you, requesting,
that you would be pleased to approve the same in the margin to be then
published and posted. Awaiting your Honor's disposition hereupon we
remain your Honor's subjects.
APOSTILLE.
The action of the Burgomasters and Schepens, on our previous advice,
is hereby approved ; and Burgomasters and Schepens are, therefore, per-
mitted and authorized, to notify and publish, in the form hereunto an-
nexed, the amendment to the letting of the Burgher beer and wine excise.
1656] Court Minutes of New Amsterdam. 241
as resolved and appointed by them. Done Amsterdam in N: Nethcrl''
this 5 Deer Was subscribed P. Stuyvesant
Under Stood: By order of the Honble Director General of N.
Netherland and signed, C. V. Ruyven, Secretary.
Monday the 4'.'' Decemb' 1656. In the City Hall. Present Allard
Anthony, Joh: Pt' Verbrugge, Jacob Strycker,Will: Beeckman, and Hen-
drick Kip.
Mattys Capito, pltf. v/s Mr. Jacob Hendrick Varvanger, deft. Deft,
in default. Pltf. appears in Court, and pursuant to the order of the 13
Nov' last, exhibits his book in proof of his claim against Adriaen Keyser,
and declares by solemn oath, that his book is just and right and that the
aforesaid fl. 117. i. according to a/c is due him from the abovenamed A.
Keyser, without having reckoned or added anything to it or received any
part thereof. Therefore the deft., M' Jacob Hendrick Varvanger, as att'y
for the aforesaid Keyser, was condemned to pay the pltf. Matys Capito
from the effects of Keyser the aforesaid sum proportionably with other
creditors.
Daniel Litschoe, pltf. v/s Tomas Lun, deft. Pltf. says he has
arrested in deft's hands the sum of fl. 62. due him according to hand-
writing dated 2 Octob last from Samuel Jansen, who has lately died in
Virginia, and whereas the deft, as trader of the yacht of which aforesaid
Samuel Jansen was skipper, has some wages in his hands, he requests that
the arrest be declared valid, and that deft, be condemned to pay. Deft,
acknowledges to have in his hands property belonging to dec'?, Samuel
Jansen and is ready to pay pltf. on Samuel Jansen's a/c and in abatement
of his debt, but requests the order of the Court to that effect. The Court
having seen the undisputed obligation drawn in favour of pltf. Litschoe
by Jansen for the aforesaid sum, declare the arrest valid, and condemn
deft, to pay to D. Litschoe the aforesaid fl. 62. according to obligation.
The Hon**!* Vinje present.
Jacob van Couwenhoven, pltf. v/s Pieter Jansen, deft. For differ-
ence of a/c relative to two anchors of brandy for which some stone was
delivered. And whereas parties render no clear explanation, they were
referred by Burgomasters and Schepens to Sieurs Hendrick Jansen Vin
and Isaack Greveraer, who are hereby requested to reconcile parties rela-
VOL. II.— 16
242 Court Minutes of New Amsterdam. [1656
tive to their differences or otherwise to deliver their opinions in writing to
the Court.
Evert Duycking, pltf. v/s Sybout Clasen, deft., requests, that deft,
as agent for Jan Ryersen, be condemned to pay the money disbursed for
a certain house and lot amounting to fl. 300. which ought to have been
forthcoming last May. Deft, says, he will willingly pay pltf. when he has
rec"? Jan Ryersen's monies; saying he has merely a verbal order to collect
Jan Ryersen's debts; requesting that the Court would please to authorize
him to constrain the debtors to pay. The Court decides that the deft,
must have a written order, before he can sue any of Jan Ryersen's
debtors at law, but he may speak to them, and if possible receive pay,
saving the pltf's action for damages against the house and lot which he
holds as guarantee.
Claes Bording and Piet-^ Jacobsen Marius, pltfs. v/s Jacob van
Couwenhoven, deft. Pltfs. demand assignment of property in order to
get their debt pursuant to previous judgment and the order of the Court
by form of execution, inasmuch as a protest has been entered against the
sale of Wolfert Gerritsen's bouwerie at Amersfoort and they further pro-
test against deft, for all costs, damages and interest already suffered or
yet to be suffered by non payment. Deft. Jacob van Couwenhoven says,
that he has done, and will do, all in his power to pay the pltfs., and for
this purpose will also constrain his debtors, through the Notary Schelluyne,.
to pay, regretting his embarrassment. The Court find the request of the
pltfs. just, but to be as accommodating as possible, order that Jacob van
Couwenhoven shall endeavor to settle with them and pay within 3 days,
and if he fail therein he shall be held to give information of property
forthwith from which the pltfs. shall be paid by execution; and in default
of discovery the Honble. Schout or Bailiff is authorized to levy execution
on whatever Van Couwenhoven has. Done as above.
Francois Rombouts, pltf. v/s Adriaen Blommaert, deft. Pltf. re-
quests the Court to be pleased to decide the dift'erence about loss of time,
incurred costs, since arrest such as monthly wages and board, left to the
decision of the Court by the appointed arbitrators. Deft, requests copy
of the demand to answer thereunto by the next Court day. Deft's request
is granted by the Court and it is ordered, that the pltf. shall enter his de-
mand in writing. Pltf. after adjournment of the Court having delivered
1656] Court Minutes of New Amsterdam. 243
in his demand to the Secretary, it was thereupon inscribed — Adriaen
Blommaert being sued in this case by Francois Rombouts, requests copy,
to answer thereunto by the next Court day; which is granted him.
Guert Coerten, pltf. v/s Harmen Smeeman and Jannetie Tomassen,
defts. Defts. in default. Pltf. appears in Court: says he has summoned
the defts. to testify to the truth touching the slanders, with which his wife
is accused, requesting time until the next Court day, again to cause them
to be summoned. The Hon''!'^ Beeckman says, they are mere frivolous
exceptions: requests expedition, protesting for all costs, damages and in-
terest. The request being heard by the Court, it is ordered that witnesses
shall be heard before commissaries for expedition sake.
Aryaen Jansen, pltf. v/s Mary Joris, deft. Pltf. demands payment of fl.
16. for a journey to Fort Orange with deft's husband. Deft, offers to pay him
for the journey, on condition that the pltf. pay her the freight for 5000 oys-
ters taken at the same time. Pltf. says, he was promised to have the oysters
conveyed up freight free. Deft, denies the same: says the contrary. The
Court refer the difference between the parties to Claes Bordingh and Claes
Tysen as arbitrators, in order, if possible, to reconcile parties or to report.
Jan Rutgersen, pltf. v/s Pieter Noorman, deft. Deft, in default.
Pieter Jansen Winckelhoeck, pltf. v/s Rich*? Bullock, deft. Pltf. de-
mands payment of fl. 215. in merchantable pay according to bill of sale
written in English dated 17 July 1655., which pay Avas due 25'^ Dec^ of
last year; and whereas the deft, has refused him merchantable pay, he
requests that deft, be condemned to pay him now in tobacco or other
wares at the current price. Deft, says, he offered the pltf. two months
ago, payment in sugar, hogs and corn. Pltf. says, that the offered pay
was greatly above the value, maintaining he is not bound to receive
the same beyond its worth. Deft, also replies, he has neither ground-
brief nor conveyance. Pltf. says, that neither has he any conveyance
from the person, that he bought from, as he has not paid in full, but
groundbrief and conveyance shall follow the payment. Parties being
heard and the contract being seen, the deft. Rich^l Bullock, was con-
demned to pay the pltf., within three weeks from date and that in such
goods or pay as Pieter Jansen Wit and Samuel Tomas (hereby requested
thereto) shall consider to agree with the condition, on condition, that the
pltf. shall then give proper conveyance.
244 Court Minutes of New Amsterdam. [1656
Monday, ii'.'' Decemb' 1656. In the City Ho^ill. Present Allard
Anthony, Oloff Stevensen, Joh: Pt- Verbrugge, Jacob Strycker, Jan Vinje^
Will: Beeckman, and Hendrick Kip.
Will: Beeckman, pltf. v/s Jacob van Couwenhoven, deft. Deft, in
default.
Luycas Dircksen, pltf. v/s Ryntie the Mason, deft. Deft, in default.
Jan Symons, pltf. v/s Rendel Huwit, deft. And whereas deft, is sick
he is excused from default and Daniel Litschoe as attorney for the pltf. is
ordered to have him again summoned.
Geurt Coerten, pltf. v/s Harmen Smeeman, Jannetie Tomassen and
Pieter, the Mason, defts. To testify to the truth relative to the slander-
ing of Mde. Beeckman. Defts. appear each separately in Court, and
have made their declarations, as more fully appears by the minutes
of the Register, and offer to confirm by oath, if necessary their said
declarations.
Will: Harck appears in Court stating, that he had been heretofore
summoned before the Magistrates by Solomon La Chair on account of
some cattle, which he has slaughtered, and whereas his circumstances do
not admit of his being absent from his land on this matter, states the case,
namely that he killed four cattle for Mr Tho^ Willet over at the Ferry,
and he is ignorant, if he must pay excise for them. The Court decide,
that he owes excise for them; he promises to pay the excise thereon,
either himself or by M- AVillet; claims not to be subject to forfeiture.
Will"? Harck requests further, as he must slaughter some hogs at his
farm, and must supply himself with ammunition from what is ordered for
excise, that he be excused from the excise and any prosecution; but
whereas it is beyond the jurisdiction of this Bench, the petitioner is re-
ferred to the Hon'''.^ Director General.
Whereas the Farmer of the Burghers excise has summoned some of
the Court's Magistrates, who are brewers, the said Magistrates who are
brewers, retire, and are called in by turns.
Paulus van der Beeck, pltf. v/s The Hon*"!^ Olof Stevensen, deft.
Pltf. says that the Hon"^ Olof has refused to allow him to visit the brewers
cellars, and that he said he should not allow him, pltf., to do it.
Whereby he pltf. says, he has suffered great damage, as he should then
have caught many brewers, requesting that deft, be condemned in the fine
1656] Court Minutes of New Amsterdam. 245
of fl. 500. Declaring positively, that the deft, has smuggled. Deft, de-
mands copy of the demand to answer thereunto. The Court allows the
deft, copy of the demand to answer thereunto.
Paulus van der Beeck, pltf. v/s Jan Vinje, deft. Pltf. says that deft,
has refused to commute, saying he has brewed only twice: and whereas
he has smuggled two half barrels of small beer, requests a fine of fl. 200.
Deft, demands copy of the claim to answer thereunto in writing, saying
that he received half a barrel of beer from Beeckman 4 to 5 weeks ago,
but from his own brewery, and that it was not smuggled. The Court
allowed deft, copy of the demand to answer thereunto.
Paulus van der Beeck, pltf. v/s Pieter van Couwenhoven, deft. Pltf.
says, that deft, brought from his brewhouse unto his dwelling house, last
Saturday week, half a barrel of strong beer without an entry, demanding
therefor a fine of fl. 200. saying positively that he has smuggled, and also
that the deft, has refused to settle, according to the order of the Court,
for the brewing and consumption since the i^' Nov'. Deft, acknowledges,
that he allowed the beer carriers to bring half a barrel of beer into his
cellar, but is ignorant, that he was subject to excise ; but says he will pay
the excise if the Court so decide. Maintains he is not bound to settle,
and does not owe any excise from the i^.' Novemb- for where there is no
law, there cannot be any infraction. The apostille (marginal note)
granted by the Court on this subject on the 6* inst. being produced to
pltf. to wit — that what had been done by the brewers previous to the
order cannot be accounted smuggling ; he answers that he leaves all that
at the discretion of the Court.
Paulus van der Beeck, pltf. v/s Will: Beeckman, deft. Pltf. says
that deft, is not willing to settle, and that he has since consumed in his
family two to three half barrels of beer; demanding a fine of fl. 400. say-
ing positively that deft, has smuggled. Deft, answering says, he has
offered the excise of what he has in this time consumed; protesting against
the pltf. for having illegally summoned him, and fined him for not having
brought a list of the quantity, he had, each time, brewed; and says, that
the pltf. had finally allowed him ^ barrel of strong beer, free, for treating.
The Court decided, that as the suits of the Farmer against the brewers
are mostly similar, and some have demanded time to answer, that the de-
cision shall be deferred until another meeting, to be then disposed of, and
246 Court Minutes of New Amsterdam. [1656
to allow the decision to be approved by the Hon'''.'' General, before it be
pronounced.
According to order of the 4 Dec' last, Adriaen Blommaert answers
in writing the demand of Frangois Rombout in which he requests, so as
not to delay the pltf. in the suit, that the Court may please to appoint im-
partial commissioners to decide, in the presence of one of the Bench, the
points in dispute specifically, promising to pay the pltf. whatever shall be
found fairly to belong to him. The Court having seen and examined the
demand of the petitioner refer the difference of parties to the previously
appointed arbitrators, namely, Sieurs Johan: Nefius and Cornells Steen-
wyck, to reconcile if possible, in the presence of the Hon"." Johan: Pt''
Verbrugge, President of the Schepens, the parties, after revision of the
case, on all their differences; or otherwise to report thereon to the Bench.
Jan de Pree requests by petition, that Dirck Volkertsen be ordered
to settle with him for the pain, surgeon's bill, and loss of time which he
incurred from a stab in the side received from said Dirck. Whereupon is
endorsed — The petitioner may summon his party at the next Court day^
and then, if he thinks fit, institute his action.
Monday, iS'l' Decemb^ 1656. In the City Hall. Present N de Silla,
Allard Anthony, Olof Stevensen, Johan Pt' Verbrugge, Jacob Strycker,
Jan Vinje, Willem Beeckman, and Hendrick Kip.
Daniel Litschoe, pltf. v/s Rendel Huwit, deft. Pltf. as attorney for
Jan Symonsen by procuration passed before Notary Klock, demands pay-
ment of deft., according to note dated 16 May 1654, of 105 deerskins and
fl. 142. in beavers. The deft, answering says, that he has paid the pltf.
on a/cp^5. 14s. and then himself offered to Jan Symons some pay which
he had, but that he would not have any thing else than beavers, which he
has not at present. Requesting delay. Pltf. demands proof of payment
made. Deft, undertakes to prove by next Court day that he hath paid
thereon ;£s- ^4^- ^^'^ whereas it does not appear on the note, that any
thing has been paid, deft. Rendel Huwit was ordered, pursuant to his
offer, to prove by the next Court day what and how he has paid.
Luycas Dircksen, pltf. v/s Ryntie the Mason, deft. Anthony Back
appears in Court for Luycas Dircksen with a power of attorney, as he is
sick, demanding payment of fl. 170. for board and disbursements. Deft.
1656] Court Minutes of New Amsterdam. 247
acknowledges the debt, explaining, that he cannot obtain payment from
others. Parties being heard, deft, was condemned to pay pltf. within 3
weeks from date.
Sarah Pietersen, pltf. v/s Abram Roeloffsen, deft. Deft, in default.
Sara Pietersen, pltf. v/s Dirck Volckertsen-, deft. Deft, in default.
Grietie Provoost, pltf. v/s Dirck Volckertsen, deft. Deft, in default.
Grietie Provoost, pltf. v/s Warnaer Wessels, deft. Both in default.
Hendrick d' Ruyter's wife, pltf. v/s Jan Carrebou, deft. Both in
default.
Jan de Pree, pltf. v/s Dirck Volckertsen, deft. Deft, in default.
Pltf. rendering his demand in writing requests, as before, that deft, be
condemned to pay for loss of time, pain, and surgeons fees for the wound
received from deft. The Hon*"!^ Schout d'Silla maintains that pltf. Jan
Perie has no cause of action, as he began the quarrel, and wounded the
deft, by sticking a knife in his body. And whereas the deft, is in de-
fault, the pltf. was ordered to summon him again, and then to prove his
statement.
Caspar Stynmets, pltf. v/s Jan Hendrick, deft. Pltf. says, that his
wife's brother served the deft. 9 months as a boy, and as the deft, treated
the boy harshly and dismissed him, requests, that deft, be condemned to
fit the boy out decently in clothes as he received him, so that he may
engage with other persons; demanding a coat, breeches, two shirts, one
pr. stockings, and i pair shoes, and reparation for having treated the boy
so harshly. Deft, says the boy earned only whippings, but denies having
ill treated him, and treated him only as his own child. Says he offered
him a shirt and leather breeches, and cannot give him any more. Parties
being heard, the deft, was by plurality of votes condemned to pay pltf.
the sum of fl. s^- for the service of the boy and pltf's further claim, in
place of the demanded clothes. And the boy was, further, released from
the service, which the deft, might claim.
Roeloff Jansen, Butcher, pltf. v/s Dirck van Schelluyne, deft. Pltf.
demands, by petition, that the deft, be condemned as attorney for Albert
the Noorman of Fort Orange, to fulfill the contract made with him about
the lease of the farm in Mespath, and indemnify him for the loss, which
he already suffered and may still suffer. Deft, says, that pltf. ought to
have instituted his action against the proprietor, when he was here in
248 Court Minutes of New Amsterdam. [1656
person last May. Requesting delay until the spring when he shall write
on the subject to his principal, and then provide therein, as he has no
knowledge of the matter. Pltf. replying exhibits by two several state-
ments of the Court Messenger, that the proprietor referred the fulfillment
of the contract to the deft. Schelluyne; complaining that he cannot suffer
any delay as he cannot keep dry in the house, nor preserve any thing, and
is unable to buy stone for a chimney or plank and other materials, and is
put off with promises. Deft. Schelluyne answering thereto, says he wishes
much, that pltf. could be helped, but that it is now an inconvenient time
to receive materials, and that he has nothing in hand from his principal to
do it. The Court having examined the contract and having heard and
investigated the complaint of the lessee and the deft's answer, order the
attorney of the lessor, Albert the Noorman, to make the house tight ac-
cording to contract without delay or in default thereof the pltf. as lessee
was allowed to have it made so at the lessor's expense, according as his
circumstances permit, saving his action for his further claim and non ful-
fillment of the contract.
Pieter Kock, pltf. v/s Johan. Gillisen Verbrugge, Joh: d'Peyster,
Cornells Steenwyck and Pieter Stoutenborgh, defts. Pltf. says, that
defts. beat and their dogs had bit one of his sheep, so that it is almost
dead. Requests that the dog shall be killed, and that he receive restitu-
tion or indemnity for his sheep. Joh: G. Verbrugge acknowledges, that
his dog was there and ran after, but did not bite. Joh. d'Peyster and
Cornells Steenwyck declare, that they saw two dogs, one of Pieter van
Couwenhoven and one of Joh. Gillis Verbrugge chase the sheep, but did
not see them bite; but that Pieter Wolfertsen's dog then, indeed, came
back licking his chops, but that Pieter Couwenhoven himself was not
there, which he spontaneously affirms and says, he took up the sheep.
Jan Gillisen coming forward says, that his dog chased among the sheep
with the other dogs, and if his dog attacked any sheep he will pay for the
sheep in question. The Court postponed the matter in dispute until the
next Court day then to hear Pieter Wolfertsen and Jan Gillisen together
thereupon and finally to dispose of it.
The Hon"^ Schout d'Silla, pltf. v/s Geurt Coerten and his wife, defts.
Defts. being asked, if they had any further proofs, answer no other than
those exhibited. They maintain that Aert Willemsen and his wife ought
1656] Court Minutes of New Amsterdam. 249
to declare under oath, that they liad not uttered such words. Say, they
call God to witness, that they are innocent of slander, and know nothing
more than hearsay. Thereupon the Hon'^l" Schout's written demand
being read, which concludes that the defts. be banished, and in addition
to acknowledging their fault, shall be condemned in a fine of fl. looo.
On which demand was endorsed — It is ordered by the Court, that cojjy
hereof shall be handed to the parties to answer thereunto in writing within
twice 24 hours, and to produce every thing, that may serve to their de-
fence, when final disposition shall be made.
Nicolaes d'Meyer and Wolfert Gerritsen attorney for his son Jan, ap-
pear in Court requesting, inasmuch as Secretray Kip refuses to draw out
the conveyance of the lot sold by Jacob van Couwenhoven to the above-
mentioned d'Meyer because the lot and house are both hypothecated for
the sum of fl. 3516., that such order shall be given to the Secretary, as
part has already been paid on the mortgage and the remainder shall be
discharged from the payment due. The Court having seen the deed of
sale and the declaration of the Honble Allard as to what has already been
part paid, order the secretary to draw up the conveyance of the lot, and
decide that a mortgage cannot debar the execution of a conveyance, but
only purports that the seller and conveyor must free and indemnify to the
buyer, the ground and buildings.
The Hon*"'.^ Olof Stevensen answers in writing the demand of the
Farmer of the Burgher excise; maintaining thereby, that the Farmer has
no cause of action, concluding that he be condemned for his improper
conduct, in a reasonable fine in behalf of the Poor and be reprimanded.
Whereupon was endorsed — The Court orders, that copy hereof be granted
to the Farmer to answer thereunto within twice 24 hours, when the prin-
cipal question shall be disposed of.
Whereas Jan Vinje excuses himself for not having his answer to the
Farmer, M' Paulus', demand ready, the Court ordered him to deliver in
his answer by next Wednesday then to finally dispose of the case.
Wednesday, 20 Decemb' 1656. In the City Hall. Present Nicasius
d'Silla, Allard Anthony, Olof Stevensen, Joh: Verbrugge, Jacob Strycker,
Jan Vinje, Will: Beeckman, and Hendrick Kip.
Geurt Coerten and his wife appear in Court, delivering according to
250 Court Minutes of New Amsterdam. [1656
order a written answer to the suit of the Hon''!'^ Schout d'Silla, in which
they excuse themselves for the slander to the prejudice of Steenwyck and
Mde Beeckman, saying they heard it from the mouth of Aert Willemsen,
requesting that they be allowed to examine the said Aert Willemsen on
interrogatories, which they maintain cannot by law be refused them in
order to discover the first promulgators and calumniators, but acknow-
ledge their fault so far as they have offended the said Steenwyck and Mde
Beeckman by propagating the report; requesting mitigation and a gracious
sentence, as more fully appears by the written answer. Which answer
having been read, the Hon'^'.'' Schout d'Silla replies: — that he consents to
the request of Geurt Coerten, providing he enters bail for the judgment,
but leaves that to the discretion of the Court. The Court considering
the Hon*"!^ Officer's offer and that the deft. Geurt Coerten has sufficient
property for the security of the demand, consent that he, Geurt Coerten,
may take further information and to have Aert Willemsen and wife and
whomsoever they may deem necessary heard and examined on inter-
rogatories.
Jan Vinje and Will" Beeckman answer in writing the demand of the
Farmer of the Burgher excise, concluding that the pltf. shall prove, they
have smuggled, or be otherwise condemned in a fine and apology, as
more fully appears by the answer. Whereupon was annotated: The
Court order, that copy hereof be granted to the Farmer thereunto to
answer within twice 24 hours.
The Farmer delivers in his reply to the answer of the Honble Olof
Stevensen, in which he persists in his previous demand. Which was
postponed to the next Court day.
Whereas difficulty is created, as to whether judgment can be pro-
nounced by the Court against Geurt Coerten, the Instruction is therefore
examined and it being found that it is far too limited, it is resolved to
present the following petition to the Hon^'^ Director General and Council
and to demand amplification.
On the request of Sieur Govert Loockermans presented to the Court
of Burgomasters and Schepens, relative to the sheet piling along the East
River, from before the City Hall to the City Gate,* not being proceeded
with according to order, the Court Messenger was ordered to notify the
* /. e. along the Southside of Pearl Str. from Coenties Slip to Wall Str. — B. F.
1656] Court Minutes of New Amsterdam. 251
occupants or proprietors of the lots tliere situate, that each shall have to
construct the sheet piling in front of his lot, and properly finish the same
without longer delay, or that it shall be done at their expence according
to previous order. Let every one be warned and on their guard against
the penalty already enacted in the premises. Done as above in Court.
To the Right Hon'''.^ Lords the Lords Direct' General and Council of
New Netherland.
The Schout Burgomasters and Schepens of this City of Amsterdam
in N. Netherland, finding themselves seriously limited by the Instruction
given to them, in the prosecution and punishment of criminal matters,
which happen to be brought before our Court, and that other Courts of
Justice within your Honours' Province have herein larger privileges than
this, Therefore request, that Your Honours would be pleased to favor this
City in so far, that the Schout, Burgomasters and Schepens may judge
and execute sentence in all criminal matters, capital cases excepted.
Awaiting your Honours disposition hereupon, we remain Your Honours'
Subjects, The Schout, Burgomasters and Schepens of the City Amsterdam
in N. Netherland.
Allard Anthony,
Olof Stevensen,
Jacob Strycker,
J. Vinje,
Will Beeckman,
' Hendrick Kip.
Done this 20'.*' Decemb- 1656. at Amsterdam in N. Netherland.
MARGINAL DECISION.
Director General and Council of N. Netherland in amplification of
the Instruction given and granted to the Schout, Burgomasters and Sche-
pens of the City of Amsterdam in N. Netherland, allow and authorize
the aforesaid Court to judge all injuries and criminal delicts of a minor
degree to branding and incarcerating, unless the prisoner appeal there-
from, which he shall be bound to do within the term of four and twenty
hours after the sentence is pronounced. And in case the rendered judg-
ment of the aforesaid Court be confirmed by the Director General and
Council, or any part thereof changed, after revision of the trial, the exe-
252 Court Minutes of New Amsterdam. [1656
cution of the punishment of the prisoner shall be left to the Schout,
Burgomasters and Schepens. Thus done, granted and amplified at the
Meeting the Hon*"!* Director General and Council holden in Fort Amster-
dam in N. Netherland the 21'.' December 1656. Was subscribed
P. Stuyvesant.
Under Stood: By order of the Director General and Council of N.
Netherland. Signed C. V. Ruyven, Secretary.
On the 22I Decemb' 1656. In the City Hall, at Amsterdam.
Present, Nicasius de Silla, Allard Anthony, Joh: Pt^ Verbrugge, and
Jacob Strycker.
Mf Paulus van der Beeck as Farmer of the Burgher excise delivers
in to Court his reply to the answer of the Hon"" Beeckman and Jan Vinge.
The question between the Farmer and brewers being therefore examined
and considered the following opinions were given : —
The opinion of the Hon"^ N: de Silla being asked,
Whereas the farming was resolved upon in full Court with the unani-
mous vote, that none should be excepted, and Olof Stevensen was at that
time presiding Burgomaster, I, therefore, vote for half the Farmers
demand and fl. 100 fine for his refusing etc. and that the other brewers,
besides the two who have agreed, shall each pay 25 guilders duty on their
smuggled beer.
The opinion of the Hon*"!^ Allard Anthony,
Having seen and heard the Farmer's demand against the Hon'''.* Van
Cortlandt for refusing to pay the beer excise and to allow his brewery to
be inspected, especially as he himself was conscious, that he owed the
excise, I, therefore, vote that the Hon'''." A^an Cortlandt shall be con-
demned in the sum of 125 guilders, which sum of 125 gl. shall indemnify
the Farmer for his tax ; and that he shall pay the sum of eight guilders to
the Farmer for the excise of his beer and brewing from the i'-' gber to
the 6'^ Xber.
The Opinion of the Hon^'l" Joh: Pt' Verbrugge,
To obviate any further dispute on the subject of the brewers and the
Farmer, as there are faults on both sides, which cannot now be helped
without blaming the Court as we ought to have given them good
regulations, whereby they could have governed themselves, it is, there-
1656] Court Minutes of New Amsterdam. 253
fore, best in my opinion, that we order, how much each brewer shall jjay
who have failed to enter their own beer.
The Opinion of the Hon''!" Jacob Strycker,
That Olof Stevensen shall pay to the City a fine of 50 guilders, which
shall be remitted to the Farmer in the tax on behalf of the City. Further,
that the other brewers shall be holden to pay according to the length of
time.
Votes: — 250 350
100 125
~~ 8
50
Besides the other brewers.
There being no uniformity in the foregoing opinions, whereby a
decision can be arrived at, and none of the Magistrates being willing to
alter his vote, the Hon'''.'' N. de Silla decides, that the Hon*"'.' Allard as
President has, according to custom another, that is a double, vote, and
that he thereore may vote again; which doing the Hon*"'.^ Allard doubled
his vote and therefore it was decided by the Hon'"'." Silla and Allard, that
the plurality of votes is — that the Hon*"'.^ Oloi shall be condemned in a
fine of fl. 125. and fl. 8 for his consumption and brewing.
In the case against Jan Vinge, Beeckman and Couwenhoven they are
agreed and rendered the following judgment: — Whereas suit is instituted
by Paulus van der Beeck, Farmer of the Burgher excise, against Will:
Beeckman, Jan Vinge and Pieter van Couwenhoven, brewers, because the
said brewers have paid no Burgher excise from i^' Nov. to the 6'!" Dec.
following, though they brewed in the meanwhile and consumed beer, for
which they owe, like others, the Burgher excise. Therefore the Schout,
Burgomasters and Schepens, (not being brewers) having heard and ex-
amined the demand and answer of parties, both written and verbal, do
decide, that said brewers have refused to settle with the Farmer for what
they brewed and consumed within the aforesaid time (according to order
of the Court aforesaid,), whereon they like others owe the Burgher excise
and cannot plead any ignorance, since some of themselves gave their votes
for the farming; yet they cannot, nevertheless, be accused of any smug-
gling as the order on this subject was first strictly made on the 6'^ Dec^
last. In order to maintain, hereafter, the Farmer in his right, they con-
254 Court Minutes of New Amsterdam. [1657
demn the said brewers, by plurality of votes, as they have refused to
settle, to pay to the Farmer, for their brewing and consumption within
the said time, namely Will: Beeckman eight guilders, Jan Vinge, four
guilders and Pieter Van Couwenhoven eight guilders and parties' further
claims and pretences were, on both sides, dismissed and each condemned
to pay his own costs. Done this 22"? Decemb. 1656. In the City Hall
at Amsterdam in New Netherland.
In drafting the judgment against the Hon''!^ Olof Stevensen from the
several opinions, the Secretary found and examined the petition presented
by the Schout, Burgomasters and aforesaid Schepens on the subject to the
Honble General, wherein the said Magistrates decide, the Hon".^ Olof
owes no fine; the same is communicated to the aforementioned Magis-
trates, and whereas they do not agree in opinion, they conclude to go in a
body to the Hon"^ General with all the papers to hear his advice there-
upon, and follow his conclusion. Done the 23. decemb- 1656.
On the 28'^ Decemb' 1656 was delivered to the Burgomasters and
Schepens enclosed in a letter from the Hon''!'' Director General and Coun-
cil, the renewal of the former prohibition against any person shooting or
drumming etc. on New Year's day, or planting Maypoles on May day;
which according to custom is published from the City Hall of this City
on the 28'.^ December aforesaid.
Monday, 8'^ Jan^ 1657. In the City Hall. Present Nicasius de
Silla, Allard Anthony, Olof Stevensen, Joh: Verbrugge, Jacob Strycker,
Jan Vinge, Will: Beeckman, and Hendrick Kip.
Capt. Johan Strenger, pltf. v/s Joost Carelsen, deft., says, that
he has settled with deft, and that deft, owes him a balance of H. 15: 2.,
which he was to pay to Joseph de Koster and says that deft, told de
Koster, two days after, that he should not pay him, which he hearing, he
went thereupon to the deft, and asked him wherefore he had done so,
when the deft, gravely slandered him, as a knave and a villain etc. De-
mands justice. The deft, says that something was forgotten in the settle-
ment of a/c. and that the pltf. still owes him 124 lbs. of tobacco; denying
the slander, saying that on the contrary the pltf. insulted and struck him.
Parties being heard the Court referred the difference of parties a/cs to C.
van Brugge and Capt Jan Jacobsen, who have some knowledge of the
i657l Court Minutes of New Amsterdam. 255
case, to revise the a/cs. and if possible to reconcile jiarties relative to
their differences or to report to the Bench. As regards the slander the
pltf. must prove it, as the deft, denies the same.
Hon^'.' Schout N. de Silla, pltf. v/s Jan de Perie, deft. Pltf. says
that deft., having been called into the office of Notary de Vos, to testify
to the truth, there raised an argument and repeatedly struck one Hendrick
the Drummer, and that they were at such handigrips, that it was necessary
to separate them, according to the declaration therein; concluding that
the deft, shall be punished according to the custom of Amsterdam, to
wit: — that his right hand shall be cut off, or that he shall be condemned
in such fine as the Court shall deem proper. Deft, acknowledges, that he
struck the Drummer, but that it was not in a Notary's office; saying that
he was very drunk. The Court having heard the evidence produced by
pltf., and having examined their declaration made in Court in the
presence of the parties, besides the demand and answer on both sides
have condemned deft, for his committed offence, as they hereby do, in
the fine and penalty of forty eight guilders to be applied -|d to the pro-
secutor, |d to the City and -^^d to the Poor. Thus done and adjudged
this 8* January 1657., in Court at the City Hall.
Hon''!^ Schout N. de Silla, pltf. v/s Joost Teunissen, Baker, deft.
Pltf. says, that deft's bread, both white and brown is found lighter than
laid down in the Placard according to the specification thereof. Re-
questing that he be consequently condemned in such penalty as the
Placard prescribes. Deft, maintains, that his bread is of weight; saying
that it is an error of his weight, for his pound is half an ounce lighter than
the prosecutors; complains that he can give nothing for the established
price and weight; saying that the Hon'''.'' Company's loaf of 7 lbs. is fixed
at 12 stiv: on a/c.
Hon^'.' d' Silla, pltf. v/s Hendrick Willemsen, Baker, deft. Deft, in
default.
Hon".' d' Silla, pltf. v/s Andries de Haes, deft. Pltf. says that deft's
coarse loaf is found 3 ounces too light. Requests judgment according to
placard. Deft, says, that if he be fined according to the laws of Holland
he is unable to pay the fine fixed therein. The Court postponed the
matter in dispute between the Hon'''.'' Silla and the Bakers.
Jan de Perie, pltf. v/s Dirck de Noorman, deft. Pltf. exhibits,
256 Court Minutes of New Amsterdam. [1657
pursuant to the order of iS*?* Decemb- last, two seperate declarations, one
of Jan Fredericksen and one of Paulus Heymans, by which it appears,
that Dirck de Noorman attacked him the pltf. and chased him from the
Strand to the Clapboards, as is more fully detailed in the certificates ren-
dered before Notary de Vos. Requesting, as before, that deft, be, there-
fore, condemned in the time lost by him and Surgeon's fees. Deft, says,
that he was not the first to draw his knife, but that the pltf. had forced
him to it, he having first struck him on his shoulder with a knife, which
he also broke having struck his truss, and he afterwards tried to kill him
with a naked dagger. The Court ordered the deft, to prove his statement
by the next Court day, when further disposition shall be made.
Margritta Gellissen, widow of David Provoost, dec"^, pltf. v/s Warnaer
Wessells, deft. Pltf. requests in writing, whereas the deft, agreed with
her dec"! husband, that he should pay fl. loo. for the excise of wine and
beer, which she should tap in one year in Long Island, and which she
made good to the deft, by a/c. and whereas they were driven off by the
trouble with the Indians and had tapped only three quarters of a year,
and had drawn in that time not as much wine or beer as the year's excise
amounted to, that deft, be condemned to return to her, according to the
promise made to her dec"^ husband, the fl. 25. which he had over and
above received, the rather as the others who had agreed, did not, accord-
ing to Acte, pay more than three quarters of a year. Deft, acknowledges
to have promised the pltf's dec"^ husband to deduct j of a year, if the
Hon'''.^ Director General and Council would make an abatement in his
promised rent, and should their Honours make a deduction according to
the petition which he has presented and to which he has as yet received
no answer, he promises to make her also restitution ; maintaining that he
is not bound to deduct if he obtain no deduction or abatement; acknow-
ledging truly that others had not paid more than for f of a year, inas-
much as he could not get any more. Whereupon were delivered the
following opinions: — The Hon''!^ Olof decides, that the deft, shall return
the fl. 25. to the pltf. and should the others pay in full, then the pltf. shall
reimburse. The Hon''!'' Verbrugge decides, if it be true, that an abate-
ment was made to others, that restitution must be also made to the pltf.
The other Magistrates concur in the opinion of the Hon^l* Verbrugge in
this wise; — if the Hon^l" Company makes an abatement to the deft, and
1657] Court Minutes of New Amsterdam. 257
accords a deduction from the excise, he shall then make restitution to the
pltf. in proportion to the others.
Sarah Pietersen, widow of Schepmoes, dec'i pltf. v/s Dirck de Moor-
man, deft. Will: Koeck, the pltf's husband appears in Court, the pltf.
being sick, exhibiting the a/c book whereby fl. 22. 16 are owing to the
pltf. Deft, answering says, he has an offset a/c against it. Therefore
parties are referred to Claes Bordingh and Juryaen Blanck to settle the
parties a/cs and if possible to reconcile them, otherwise to report to the
Court.
Sara Pietersen aforesaid, pltf. v/s Abram Roeloffsen, deft. Deft's
2"^ default. And whereas deft, is one of the Companys servants, the
Hon Silla''.'^ insists, that he is not amenable, to the Burgomasters and
Schepens; the pltf. was therefore informed to summon him for her debt.
Pieter Kock, pltf. v/s Jan Gillisen Verbrugge and Pieter van Couwen-
hoven, defts. Deft. Jan Gillisen Verbrugge in default. For the biting
to death of pltf's sheep by the defts' dogs. Demands payment for the
sheep with costs. Deft. Couwenhoven appears; demands proof, that his
dog has bitten the sheep in question. Whereupon the declaration made
on the last Courtday being examined, the deft, answers, he knows nothing
of it, as he was not present, and says that Tomas Hall's negro states,
that it was done by the red dog. The Court order, that parties shall
appear with Joh: Verbrugge and witnesses together on the next Courtday,
then to be finally disposed of.
Pieter van Couwenhoven, pltf. v/s Carsten Jansen, deft. Pltf. de-
mands payment of loi lbs. of tobacco, which had been delivered to him,
deft, in excess, by Tomas Hall, according to letters sent to him, pltf.
Deft, does not deny the debt, but says he must have thereupon from Tomas
Hall fl. 19. for freight and fl. 3. 10. for labour; maintains' to be able to
offset that. Pltf. demands delivery of the tobacco, and if deft, has proof
of his claim, he will deduct it. Deft, says, that his papers in proof are in
Virginia; requesting delay until Tomas Hall arrive. The Court decide
and order that the differences of parties shall remain open until Tomas
Halls arrival.
Matewis de Vos as att'y for F: Fyn, pltf. v/s Lourens Duyts and
Adam Dircksen van Culen, defts. Defts. in default. Pltff. appears in
Court exhibiting a certain lease between the said Fyn and Lourens Duyts.
VOL. II.— 17
258 Court Minutes of New Amsterdam. [1657
and Adam Dircksen van Ceulen; complaining that the defts. as lessees
alienated certain goods contrary to contract, and therefore hath issued
arrest; requesting that the arrest be declared valid and that he be
authorized to take the goods in security of the payment of claim for rent.
The Court decided the pltf. shall prove, that the defts. or lessees have
sold or alienated the crops. Meanwhile, Burgomasters and Schepens
order, that the lessees shall not sell or alienate any crops before and until
they pay the lessor according to contract.
Pieter Cornelis van der Veen, pltf. v/s Jan Jansen vander Ham,
deft. Pltf. demands payment of fl. 21: 2. from the year 1651. Deft, ac-
knowledges the debt to within fl. 4. which the pltf. admits, so that only fl.
17. 2 remain, requesting time to the spring, with offer of interest. Parties
being heard, the deft, was condemned to pay the pltf. within 3 weeks from
date without longer delay on pain of execution.
Cornelis van Langevelt, pltf. v/s Hendrick Gillisen Wageman, deft.
In case of arrest. Pltf. requesting payment of fl. 26. which are due him
by deft, according to decision of arbitrators appointed by the Court.
Deft, says, as before, that he owes only fl. 6. Refuses to pay more. The
Court having seen and examined the records of the previous suit, where
parties on both sides offered to swear, together with the decision of the
arbitrators in which they find that parties have submitted their differences
to the arbitrators, therefore condemn the deft. Hendrick Gillisen Wage-
man to pay the fl. 26. within 8 days from date according to the decision
of the arbitrators. Meanwhile the arrest was declared valid.
Caspar Stynmets, pltf. v/s Jan Hendricksen, deft. Deft, in default.
Pltf. appears in Court exhibiting the judgment dated the I8'^ Dec' last
obtained against the deft, and the reports of the Court Messenger, that he
will pay in three months. Requests that he be condemned to pay without
delay. Whereupon was noted: The Court having seen the report of the
Court Messenger, considering deft's circumstances, and that it is winter,
condemn him to pay between this and the I5'^ Feb: next without further
delay.
Caspar Stynmets, pltf. v/s Lodewyck Pos, deft. Deft, in default. :
Pltf. exhibits certain judgment dated first Dec' 1653, obtained against the
deft, requesting that deft, be constrained to the fulfillment thereof with
costs inasmuch as, according to written report he cannot receive payment.
1657] Court Minutes of New Amsterdam. 259
Whereupon was noted — At the request of the pltf. Caspar Stynmets the
Bailiff is authorized to put the aforesaid judgment into execution with
costs.
Solomon La Chair, pltf. v/s Jan Laurence, deft. Pltf. as Farmer of
the excise on slaughtered cattle of this City rendering his demand in
writing against the deft, for having smuggled some pork and meat, con-
cluding, that deft, be condemned, according to placard in the fine of fl.
795 with costs. Which being read, the deft, answers, that he did not un-
derstand it. Therefore it is endorsed: — Ordered by the Court, inasmuch
as the deft. Jan Laurence objects that he does not understand Dutch,
that copy of the demand shall be placed in his hands to answer thereunto
in writing by the next Court day.
Jan Rutgersen, pltf. v/s Capt. Pos, deft. In case of arrest. Deft,
in default. And whereas information is given that deft, is within this
City, the said arrest is declared valid.
Columbie pltf. v/s Jan Rutgersen, deft. Pltf. in default. The
Hon''.'^ Schout as guardian of the pltf., Columbie, says that deft, caused
Jacob Haey's Negroes in the service of the aforesaid Colombie to cut
firewood and hauled the same secretly away, whereby he deft, stole the
labor due by the Negroes to their Masters, in support of which pltf. ex-
hibits two seperate declarations. Requesting that deft, be punished as a
receiver of stolen goods. Deft, acknowledges, that he hauled 90 ps. of
firewood from Jacob Hays' land and received them from the Negroes;
but that he hauled and loaded the wood openly in presence of Columbie
himself: says he has retained the money or payment therefor as yet in
order to know to whom it shall be paid. The Court postponed the matter
in dispute until the arrival of the aforesaid Colombie to be heard there-
upon.
Geurt Coerten, pltf. v/s Aert Willemsen and wife, defts. Defts. in
default. Pltf. requests in writing, that the Court will be pleased to con-
strain the abovenamed Aert Willemsen and his wife to confirm by oath
their rendered declaration or to acknowledge, what they said; which he
declares cannot be legally refused him. The Court Messenger being
heard stated, that when he served the summons, Aert Willemsen's wife
only was at home, and that she answered, she would not appear. The
Court Messenger was, therefore, ordered to summon the said Aert Wil-
26o Court Minutes of New Amsterdam. L1657
lemsen and wife in the name of the Schout, Burgomasters and Schepens
against the next Court day.
Warnaer Wessels requests by petition, that he be granted the office
of guager and assizer of barrels within this City. Pieter Schabanck also
requests the office of assizer with the recommendation of divers persons
to the same ofifice, as appears more fully by the petition. And whereas-
it is deemed highly necessary, that order be observed in the assizing
of barrels, cans, ells, skepels and weights, it is resolved to revise and
perfect immediately what was formerly begun in this matter.
The Hon'''.^ Nicasius [de Silla] communicates to the Court of Burgo-
masters and Schepens, that the Hon'''.* Director General and Council in-
tend to publish a certain Ordinance relative to the zeewan and that by a
certain measure; Requesting in the name of the Director General and
Council, that the Burgomasters and Schepens shall be pleased to give
their advice and opinions thereupon, and whereas the same is a matter of
great importance and concerns the public, the Burgomasters and Schepens
deem it advisable to invite some of the principal Burghers and traders to
the City Hall to aid in advising with them, in the form of a Common.
Council, on the subject for the public good, whereunto was appointed the
afternoon and in the meanwhile to go to the Hon^'.* General to know pre-
cisely what he will ordain.
Monday afternoon S'!' Jan^ 1657. In the City Hall; Present the
Hon"* General Stuyvesant, the Hon*"'.* de Silla, the Magistrates Allard
Anthony, Olof Stevensen, Joh: Verbrugge, Jacob Strycker, Jan Vinge,
Will: Beeckman, and Hendrick Kip.
Invited by the Burgomasters and Schepens after having communicated
with the Hon""!* General — Cornelis Steenwyck, Govert Loockermans, Joost
Teunissen, Baker; Coenraet Ten Eyck, Isaack d' Foreest, Daniel Lit-
schoe, and Abram La Nooy.
When the abovenamed were with the others together in the ordinary^
Council Chamber of the City Hall, the Hon^!* General submitted certain
oral propositions relative to the decline of the zeewan and the causes
thereof.
Whereas divers deliberations were had on the subject in the Supreme
Council at various times about six months or longer ago, and it was finally
i657l Court Minutes of New Amsterdam. 261
resolved to fix the zeewan at a certain rate whereof his Hon' submitted a
sample, which should be about eight zeewans for one stiver, he requests
the Burgomasters and Schepens and the abovenamed, invited from among
the Commonalty to give reason why it should not be so rated (as his
Honour understands that it caused some difificulty) or if possible to pro-
pose and to aid in devising, a better expedient, inasmuch as it is the
intention of the Director General and Council to render the zeewan as
current as beavers or other pay, because the Commonalty can obtain nec-
essaries for that, and to obviate the severe scarcity which now causes a
difference fully of 30 per cent in all payments in zeewan.
Whereupon the invited were requested to retire to confer thereupon
together. On returning, they declare, that they defer to the Hon*"!"
Burgomasters and Schepens in order that such disposition may, after
mature deliberation, be taken by them, as Fathers and Protectors of the
Commonalty, as they shall deem expedient. They say, as no zeewan is to
be expected immediately, that they should wish much, the rating may be
postponed for 6 @ 8 weeks or longer until the trade comes and every one
can get rid of what zeewan he has. Maintaining that changing the rate
of the zeewan will not make any thing cheaper nor afford any person
better accommodation, but create considerable confusion. The Indians,
who will know it immediately, will charge more for every thing and will
enrich themselves, and consequently can never be brought to the previous
rate, of which there are examples.
And whereas various debates arose thereupon, those invited from the
Commonalty finally withdrew, referring every thing to their Superiors and
the Burgomasters and Schepens to dispose thereof as they should deem
best for the public.
After divers debates in Court between the Hon^^ General, the Hon''!^
Silla, and Burgomasters and Schepens, it was determined to postpone the
rating of the zeewan to a better and fitter opportunity, and to let it go at
the same rate as it has done to the present time; and it was thought neces-
sary to make a difference by Ordinance in the payment of zeewan, silver,
beavers or tobacco as already exists among all as well in trade as in labor,
and to fix the price accordingly of beer, wine, bread, and other daily
necessaries, each different according to the pay. Further, at the afore-
said Meeting of the Director General, the Hon''!" Silla, and Burgomasters
262 Court Minutes of New Amsterdam. [1657
and Schepens divers matters were proposed and decided to be taken into
deliberation, and with this view a memorandum was made by the Honble
Silla; as
Of the law of citizenship {^Burger recht.)
Of keeping open store and selling by retail practised to the present
time both by Jews and all foreigners.
The resolution formerly adopted relative to the stamping of barrels,
cans, ells, weights and skepels being reconsidered, it is resolved to put the
same into effect and to stamp accordingly the barrels —
That for the stamping of each tun or half barrel shall be
paid six stivers ;
For a quarter three stivers
and to nominate for this purpose two guagers or assizers, for the Hon''!®
General to elect one therefrom, who shall enjoy the half the stamping as
proposed, for his salary, and keep an a/c and particulars of the other half
for the benefit of the City. As regards the stamping of the cans, ells,
weights and skepels, it was decided that it should be according to previous
specification.
Whereas it was concluded to appoint a Guager and Assizer, the ques-
tion was therefore put — whom to appoint thereto — and the following votes
were accordingly given: —
The Hon*"'." d' Silla nominates Warnaer Wessels
" AUard Warnaer Wessels
' * Oloff Warnaer Wessels
" Verbrugge Warnaer Wessels
Strycker Jan de Cooper
Vinge Jan the Cooper
Beeckman Jan the Cooper
Kip Warnaer Wessels
Whereas the majority of votes is, that Warnaer Wessels should have
the Office of Guager and Assizer, the Honble General being present, the
aforesaid Wessels was therefore approved for the aforesaid office, and it
was consequently resolved to confirm him therein forthwith.
Now, whereas the stamping of barrels and the stamping of ells,
weights, skepels and cans are different, the question was put whether the
same shall go with the rest or be separate,
1657] Court Minutes of New Amsterdam. 263
The Hon'^l" Allard votes that it shall go together
" Oloff " Item.
Silla " Item.
The remaining Magistrates, being Schepens, vote that the stamjnng
and guaging of the barrels shall be for Warnaer Wessels and the stamping
of the ells, weights and skepels shall be done by the Court Mesenger at
the City Hall in the presence of two of the Court.
Finally it is resolved to summon all the tapsters in this City for to-
morrow to the City Hall, to hear that they shall take out a licence every
quarter and pay therefor, each time fl. 6. according to the placard of the
Hon^'.* Director General and Council.
Tuesday, g'^ Jan^ 1657. In the City Hall. Present N: de Silla,
Allard Anthony, Jacob Strycker, Jan Vinge, Will"" Beeckman, and Hen-
drick Kip.
Whereas Waernaer Wessels was yesterday appointed Guager and
Assizer of the barrels, he being therefore sent for to Court took at the
hands of the Hon^'-^ Schout d'Silla the proper oath of fidelity in the office
of Guager and Assize Master and was accordingly confirmed in the afore-
said office, and he is promised that proper acte thereof shall be granted
him and instruction whereby to regulate himself.
The Hon''.'" Olof. present.
Whereas it was yesterday resolved and determined to summon all the
tapsters within this City to the City Hall, there therefore appear
Michel Jansen, Daniel Litschoe, Abram La Nooy,
Jan d'Young, Jan Peeck, Lourens Cornelissen,
Solomon La Chair, Hend'k d'Ruyter, Luycas Dircksen,
Jan Rutgersen, Jan Perie, Willem Pietersen,
Joris Woolsey, Mary Polet, Corsen Tryn,
Madaleen Vincent, Rendel Huwit, Jan Damen,
Leuntie Pietersen, Cornelis Langevelthuysen and Warnaer Wes-
sels for his Mother, Sara Schepmoes.
To whom being read in a body the Ordinance drawn up by the Director
General and Council relative to the tapsters, the above named tapsters
were granted time to retire and to confer together thereupon. A short
time after, they request to come in having appointed Lourens Cornelissen,
264 Court Minutes of New Amsterdam. [1657
Michel Jansen, Jan d'Young and Daniel Litschoe, who appear answering
that they cannot agree about it, but declare they are willing to submit to
the Burgomasters and Schepens, and to pay whatever they shall consider
proper herein for the public welfare, provided that they may afterwards
sell their wine and beer and that no price be fixed thereon, inasmuch as
there is considerable trust and bad pay, and no one can serve for nothing.
The Court deliberated on the tapsters' answer, and decide that there
can and shall be one fixed price for beer, but as the price and pay of
wines are different and not so necessary for the common people, the same
shall be discretionary, and no price shall at first be fixed on them, and
adopt for Resolution as follows: — Whereas it is published, pursuant to
the placard of the Hon^l" Director General and Council of New Nether-
land and the resolution of the Schout Burgomasters and Schepens, that
all, who will tap within the jurisdiction of the City, shall be bound to take
out every quarter of a year a licence for this business and to pay each time
therefor One pound Flemish for the use of the City; to which purpose
the tapsters within the jurisdiction of this City being summoned to the
City Hall on g'!" January 1657, and their answer being heard. It is here-
by ordered that all and every one who will continue in the said trade,
shall be held within four and twenty hours after service thereof, to take
out a license therefor, from the Hon'''.'^ Allard Anthony as Treasurer of
this City, and in default thereof should they continue business, they shall
be deprived of their trade aforesaid and be moreover fined in a penalty of
five and twenty guilders to be applied as may be deemed proper. And
all tapsters were further ordered not to sell henceforward their beer any
higher than twelve stivers the half gallon {^de vaeii) on pain as above.
Thus done, and enacted this 9'?" January 1657. at the Court in the City
Hall at Amsterdam in N. Netherland.
Allard Anthony,
Jacob Strycker,
Will: Beeckman,
Hendrick Kip.
Although by the aforesaid Placard of the Honble Director General
and Council it is ordered and proclaimed, that all bakers within this City
shall equally take out every three months a licence to trade and also pay
therefor one pound Flemish each time; It is, notwithstanding, resolved
1657] Court Minutes of New Amsterdam. 265
by Burgomasters and Schepens, as it is not customary in any place for
tradespeople to pay any thing in this shape, and more especially if this
were now introduced, it would hereafter be imposed also on other handi-
crafts, to prevent the same in time, not to lay the aforesaid impost on the
bakers, nor to enter on the work. Thus done and enacted this 9"' Janu-
ary 1657. in the Court aforesaid. Allard Anthony,
Will: Beeckman,
Jacob Strycker,
J: Vinje,
Hend'k Kip.
Form of the Licence to the Tapsters.
N. N. is hereby allowed to tap in the jurisdiction of this City of Am-
sterdam during the present quarter of a year. In witness whereof is this
subscribed and confirmed with the seal of the acting President of the Bur-
gomasters and Schepens. Done the 9'.'' Jan'y 1657. At Amsterdam in
N. Netherland. By order of the Burgomasters and Schepens.
Jacob Kip, Secretary.
Wednesday, 10 Jan*: 1657. before the Hon^'^ N. de Silla, Allard An
thony, and Jacob Strycker, was heard touching the slandering of Cornelis
Steenwyck and Mde Beeckman, the wife of Aert Willemsen who acknow-
ledged and declared, she had heard from Jan Hibou, tailor, that Jan
Adamsen told him, he found Sieur Steenwyck and Mde Beeckman in the
bush, as the report ran; and that Geurt having heard so from her, had
spread it abroad; as appears more fully by the declaration.
In like manner was heard the said Jan Hibou, tailor, who declared
that Jan Adamsen had told him so with the circumstances thereof; as ap-
pears more fully by the declaration.
Whereas Joost Carelsen excepts to Carel van Brugge and Capt Jan
Jacobsen, as being partial, who were appointed by the Court on the 8*
Jan'y instant to review the difference of a/c between him Joost Carelsen
and Capt Jan Strenger, and if possible to reconcile parties or make a re-
port, the President of the Court requested and hereby appointed the
Schepen Joh Pt' Verbrugge and Capt Paulus Leendertsen vander Grift
(in the stead of the abovenamed commissioners), who were authorized to
examine the differences and a/cs of parties and if possible to reconcile
them or to report to the Bench. Done the 9'^ January 1657.
266 Court Minutes of New Amsterdam. [1657
Thursday, ii Jan'y 1657. In the City Hall. Present Allard An-
thony, Jacob Strycker, Jan Vinge, Will: Beeckman, and Hend'k Kip.
The President communicated to the Court, that Dan! Litschoe, Michel
Jansen, Jan Peeck, Abram La Nooy, and Willem Pietersen, have been
with him as a committee from the tapsters, and request an abatement in
the six guilders per quarter imposed on each tapster, since only three
guilders are paid in Patria which they also are willing to pay. 2ndly.
that the halfgallon of beer may be fixed at twelve or thirteen stivers.
3rdly. If this should not be done, that there be delay until next Monday,
so as to request something thereon. The verbal request of the committee
from some tapsters made this day to the President of the Burgomasters
and Schepens being considered, the Court decide that the Ordinance of
the g'.*" Jan^ inst. enacted regarding the tapsters shall be fully enforced, as
many have already paid. Meanwhile if any tapsters have any thing
material to ask, they may bring the same in next Monday, Done as
above at the Court aforesaid.
Saturday, 13. January 1657. In the City Hall. Present N. de Silla,
Allard Anthony, Jacob Strycker, Will: Beeckman, and Hendrick Kip.
Resumed the order agreed upon relative to the stamping of barrels,
cans, ells, weights and skepels. And whereas the same is approved by
the Hon*"!^ General, it is, therefore, this day published from the City
Hall, as follows: —
Whereas is has been considered highly necessary by the Schout, Burgo-
masters and Schepens of the City of Amsterdam in N. Netherland, that
conformably to the laudable custom of Our Fatherland, orders be given
for the stamping of the barrels, and cans, weights, ells and skepels, in
order to prevent all disputes and differences arising therefrom, and espe-
cially that everyone should experience equal justice; Therefore their
Worships, for the promotion thereof, have appointed and accepted, as
Guager and Assizer of this City, Warnaer Wessels, inhabitant of this City,
who shall guage and stamp, according to the measure and custom of Old
Amsterdam, at the request of the receiver or deliverer thereof, all barrels,
whether beer barrels, half barrels, quarters or other casks made or used
here in this City and delivered from one to the other, whether to tapsters,
burghers, or strangers; for which guaging and stamping shall be paid, by
1657] Court Minutes of New Amsterdam. 267
those demanding the same, to the above named appointed Giiager and
Assizer to wit —
For each barrel or half barrel six stivers
For each quarter, or anchor three stivers
Other casks being only guaged according to instructions given to him;
And so that no difference may hereafter arise hereupon, all persons are
hereby expressly forbidden henceforward to deliver any barrels, half
barrels, or quarters, either to any tapsters, burghers or strangers unless
the same be guaged, under a penalty of five and tAventy guilders to be ap-
plied according to circumstances.
Concerning the weights, ell, skepels, and cans which are used here in
the jurisdiction of this City as well in receiving as delivering both by the
one and by the other, they find that many frauds and abuses occur therein,
to prevent which for the future, their W. abovenamed do, therefore, in
like manner Ordain and Command, that no person shall henceforth, of
what state, quality or Nation he may be, presume to make use of, in or
within the jurisdiction of this City of Amsterdam, any other ell, weight
or measure than that used within the laudable commercial City of Amster-
dam in Netherland; and in order that the same be observed and per-
formed, all those, who sell within the jurisdiction of this City of
Amsterdam any wares by the ell, weight, skepel or can, are ordered to
appear in the City Hall of this City each with his ell, weight, skepel and
cans, which he uses in receipt or delivery, and that once a year, towit —
on the 25* this month of January, (or if, in the meantime, he will have
any thing stamped, to acquaint the Court Messenger) to be there stamped
in the presence of two of the Court; for which stamping shall be paid for
the benefit of this City, to wit
For the skepel fifteen stivers.
For each ell twenty stivers.
For each can whether small or large . . . six stivers.
For weights of i to lo lbs three stivers
10 to 20 lbs five stivers.
20 to 50 lbs eight stivers
above 50 lbs ten stivers.
and if any shall be found after the expiration of said time to use in the
matter of receipt and delivery any unstamped ells, weights, skepel or pots
268 Court Minutes of New Amsterdam. [1657
he shall be fined for the first offense ten guilders; for the second offence,
twenty guilders and for the third time double as much to be applied as
may be thought proper, over and above privation of his trade.
And in order that this Ordinance and by law be the better observed
and respected, the Hon'''.' Schout is charged and authorized to pay strict
attention thereto, and to inspect all around whenever he shall feel in-
clined, and to enforce this after publication. Thus done, enacted and
after resumption published from the City Hall of this City of Amsterdam
in N. Netherland this 13. Jan'y 1657. Allard Anthony,
Jacob Strycker.
On the petition delivered to the Burgomasters and Schepens on the
15 January, signed by some tavernkeepers of this City, as Daniel Litschoe,
Jan Peeck, Egbert van Borsum, Abram La Nooy, Willem Pietersen, and
Michel Jansen to the effect, that the tax of 6 gl. per quarter imposed
on each tapster may cease or be rendered tolerable; and that they be
allowed to sell their beer at thirteen stivers the halfgallon — is noted in the
margin. Burgomasters and Schepens persist in their adopted resolution
and order of the g^^ and ii'-'' January last, and decide that the same shall
take its full effect.
Wednesday, the 17'." January 1657. In the City Hall assembled, the
Schepens Jacob Strycker and Hendrick Kip on the summons of the Hon'^l*
Beeckman to hear Corn^ Boshuysen regarding the slander, and as the
deft, has not appeared, the Court Messenger reported that the aforesaid
Boshuysen gave for answer, that he would not come ; and as the summoned
person is one of the Hon*"!* Company's soldiers, and therefore not amen-
able before the Court, they adjourned without doing any thing.
Monday 22. January 1657. In the City Hall. Present N. de Silla,
Allard Anthony, Olof Stevensen, Joh: Pt- Verbrugge, Jacob Strycker, Jan
Vinge, Will: Beeckman, and Hendrick Kip.
Hon'''.* Schout N. de Silla as Guardian of Colombie, pltf. v/s Jan
Rutgersen, deft. Pltf. says, that deft, bought firewood from Jacob
Haey's Negroes in the service of the aforesaid Colombie unknown to their
master, and that he secretly removed the same, and thus stole the labour,
which the negroes owed their master; concluding that deft, shall be pun-
1657] Court Minutes of New Amsterdam. 269
ished therefor as a secreter of stolen goods, or as the Court shall deem
advisable. Deft, answering as well orally as in writing says, that he drew
in two journies from Jacob Haey's farm 90 ps. firewood, which the
negroes sold him but that he had openly loaded and drawn it and that
Colombie was present at the last load and allowed him to take with him
the wood he had in the canoe; denying expressly, that he had bought the
wood in bad faith or so removed it, as he could easily obtain wood from
others at the same price, and as he has not paid the Negroes therefor, he
is ready to pay for aforesaid wood to whomsoever ought to have it. Re-
questing that the pltf's demand be dismissed.
The Court having heard, pursuant to order of the 8'!" Jan'y last the
pltf. Colombie and Jan Rutgersen against each other, each seperately in
Court, find that Jan Rutgersen, the first time he came for the wood and
Colombie was at home, did not tell Colombie that he had bought the
wood from the Negroes and came to draw it, though Colombie had asked
him, what he did there ? But that he, as soon as Colombie went from
the house to the bush, received the wood from the Negroes, loaded his
canoe with it and sailed away with it, without Colombie, the Negroes'
master, knowing any thing about it; and that deft., when he returned a
second time without Colombie's knowledge, was busy in loading the wood,
which he was then forbidden to do; and having also examined the declara-
tion produced by the pltf., considering the evil consequences which may
arise therefrom between slaves and their masters, have condemned the
deft., Jan Rutgersen, as their W: hereby do by plurality of votes, that he,
deft., shall pay for the wood, Avhich he received from the Negroes, and
that to Colombie, as the Negroes' master, at the usual rate, besides costs
of suit, and in addition a fine of twenty guilders for the Schout. Thus
done and sentenced this 22"! Jan'y 1657. in the Court aforesaid.
Cornelis Langevelt, pltf. v/s Pieter Jansen, deft. Deft, in default.
Daniel Litschoe, pltf. v/s Rendel Huwit, deft. Pltf. persists in his
demand entered on the I8'^ decemb' last, and whereas the deft, was then
granted time by the Court to prove what and how much he paid he
requests that he now shall exhibit it. Deft, exhibits by a receipt from Mr.
Mehu dated 17 July 1655, that he paid 102 deerskins on a/c of Jan
Symons; says he had a verbal order to that effect from Jan Symons him-
self; he also shews by a/c that he paid to Jan Symons himself ^^6. 6s.
270 Court Minutes of New Amsterdam. [1657
English and says he tendered payment of the balance and does not know,
now, precisely how much he owes. But requests, that Jan Symonsen
shall come in person to settle with him, and promises to pay whatever
balance is due him. Pltf. replying says, he has no order to accept any
thing as payment, except it be under his own hand, and does not know
what has been paid. Parties being heard, the Court order, that Jan
Symons shall appear here himself in person within the term of 3 weeks, to
account and settle with the deft. Rendel.
Andries Andriessen, pltf. v/s Jacob van Couwenhoven, deft. Both
in default.
Pieter Kock, pltf. v/s Jan Gillisen Verbrugge and Pieter van Couwen-
hoven, defts., together with Joh: d'Peyster, Corns Steenwyck and Pieter
Stoutenborgh as witnesses. Pltf. says, that one of his sheep was bit by
defts' dogs as they ran with them when browsing, so that he could do
nothing for it and it died in consequence; requests payment or restitution
of the sheep with costs incurred therein. Deft. Verbrugge acknowledges,
that his dog ran with and after it, but did not bite it. Deft. Couwenhoven
says he knows not what his dog might have done, as he was not with or
near him, and has been taken away by people or ran off. The Court
having heard and examined the witnesses anew, find that Van Couwen-
hoven's dog came so as to lick the sheep and that Jan Gillisen's Ver-
brugge's dog was with him and ran among the flock without having then
bitten the sheep. Some other dogs besides these two were by or among
them. They, therefore, condemn the abovenamed Couwenhoven and Jan
Gillisen Verbrugge, as owners of said dogs, as they hereby condemn them,
to pay the pltf. for the loss of said sheep, each one half of three mer-
chantable beavers, besides the costs incurred herein.
Engeltie Mans, pltf. v/s Geert, the carters wife, deft. Deft, in
default.
Dirck Volckertsen, pltf. v/s Jan Peeck and his wife, Mary, defts.
Pltf. requests that defts., whom he has summoned as witnesses in the case
between him and Jan Perie, cooper, would please testify to the truth.
Jan Peeck therefore declared, that in the morning as he lay abed, he saw
Jan Perie and Dirck Volckertsen playing at dice together on the floor for
a and heard Jan Perie, while playing, give Dirck Volckertsen fre-
quently the lie, whereupon Dirck Volckertsen contradicted, and a fist fight
1657] Court Minutes of New Amsterdam. 271
followed; and as he, deponent, said to them that he could easily sell his
wine without trouble, they went away, without his knowing anything more.
Mary d'Peeck, also heard, confirms the declaration of her husband
above given, and declares she afterwards heard Jan Perie say, " There 's
Dirck the Noorman who has a box of zeewan in his sack; and he should
play or the D 1 should take him"; also, that Jan Perie's man told
her, he saw his master thrust his knife into Dirck the Noorman's truss.
Dirck Volckertsen answers in writing Jan Perie's demand, concluding,
that the pltf. Jan Perie's entered demand be dismissed and he be con-
demned in the costs. Whereupon asked, if he have further evidence; he
says, Yes; Jan Perie's man, but that the others have been to him, and he
is gone away. Wherefore the case is postponed.
Wolfert Webber, pltf. v/s Claes Pietersen Kos, deft. Pltf. says, that
he hired his son to deft, to dwell with and serve him here in this City, and
whereas the deft, employs his son, not here but mostly over at Pavonia
and in journeying to and from that place where much danger is to be ex-
pected both by water as from the Indians etc., of which he has had a
sample; he therefore demands, that the deft, be ordered not to employ his
son there and thus, but in truth within this City, or else to send him back
home; and in case the same be refused, he declares before God and the
Judge that he, in his capacity as Father, protests against the deft, that
if any misfortune happen his son, either in passing over, or from the In-
dians or otherwise, he has done his duty, and shall avenge himself on him,
the deft. The deft, says, he hired the boy to reside with and serve him,
unconditionally, as to his going over or remaining. Pltf. replying says,
he can prove the contrary. He was, therefore, ordered to produce the
same by the next Court day.
Jan Laurence appears in Court rendering his written answer to the
demand of the Farmer, Solomon La Chair, requesting, in case any thing
be now introduced therein, not to misconstrue it, as he does not under-
stand Dutch. Whereupon was noted in the margin. Ordered by the Court
that copy hereof be given to party, thereunto to reply by the next Court
day.
Apostile on Jan Laurence's petition and exhibit for fulfillment of the
judgment against Sol" La Chair obtained on the 2"? October. On the
exhibition of the preceding approval of the judgment, report of the Bailiff
272 Court Minutes of New Amsterdam. [1657
and petition of Jan Laurence for the fulfillment thereof, the Bailiff was
authorized by the Burgomasters and Schepens to proceed with the execu-
tion.
The Hon'''.^ de Silla recommends Burgomasters and Schepens to
bethink them in their quality, of the nomination of their successors, and
to bring a list of two Burgomasters and eight Schepens, whom they should
nominate thereto, on next Monday from those fit.
On this date, pursuant to instructions from the Hon*"!* General, is
published from the City Hall the Ordinance enacted by the Director
General and Council relative to cutting timber on unenclosed lands,
which is allowed to everyone.*
Whereas Michel Jansen, Jacob Leendertsen, Joost Goderisen request
by petition and Luycas Eldertsen verbally, the office of Measurer of
grain, it is, therefore, resolved to propose the same to the Director
General and Council in order to elect a single number of two therefrom.
It is further resolved to petition the Director General and Council
for the privilege of disposing of such and similar City employments by the
Burgomasters and Schepens subject to the approval of the Hon^'^ General
and Council.
The interested brewers, within this City, present a petition to the
Court, in which they request that the Farmer of the wine and beer excise
be forbidden to sell beer or to participate in brewing as it is in violation
of the order in Netherland. Which was postponed.
The Hon"^ President submits a draft of a petition to be presented to
the Director and Council which being looked into, examined and con-
sidered, it was resolved to deliver the same to the Director General and
Council as follows: —
To the Hon^!^ Director General and Supreme Council of New Nether-
land.
The undersigned petitioners in their quality as Burgomasters and
Schepens of this City, remonstrate with due respect that they find daily
increasing the multitude of Scotsmen, f who coming over here every year
in the ships from Fatherland arriving here, are unwilling for the most part
to sell their goods, proceed immediately to Fort Orange or to some other
* See Laws and Ordinances of N. N., p. 294.
f Peddlers.
1657] Court Minutes of New Amsterdam. 273
place, and having finished their trade go away back again on the first o[)-
portunity, so that this place not only does not derive any profit from such
persons, but this good Commonalty suffers, on the contrary, great injury
thereby, as even the provisions, which came last summer from Patria, must
be received from Fort Orange, because the trade there was much lietter
than in this place: Which commerce is in direct violation of the la'f" Article
of the Freedoms which the Hon"^ Lords Patroons granted to this place,
by which article the said Lords decide, that the staple of the whole of New
Netherland shall be on the Island of Manhattans, inasmuch as the said
Lords Majors have reserved this Island for their own Colonie: Also taking
in consideration the burthens, which their Commonalty have to bear in
this City and the services which they have rendered as well in the time of
the English troubles, as in those which happened on other occasions, in
which they always evince their willingness, so that for this reason and in
order to animate them the more, it would be very proper, in their opinions,
to favor them with some privileges. And whereas Burgher Right is one
of the most important privileges in a well governed city, the petitioners
therefore humbly request Your Honours to be pleased to grant the privi-
lege, that no man shall be able to prosecute public trading here, unless
such as are known as City Burghers; also that persons, who are not settled
residents here shall not be allowed to trade to any quarter hereabout
without this place, together with what your Honors may be pleased
kindly to grant, in addition to your Honors' subjects; also to be pleased
to order how much those shall give to this City, who come from patria
or any other places to reside and carry on trade here, to purchase their
citizenship. Awaiting hereupon your Honors' favorable disposition we
remain Your Honors' Subjects,
The Burgomasters and Schepens of the City
Amsterdam in New Netherland,
By order of the same,
Jacob Kip, Sec'y.
Done this 22".'' Jan'y 1657. at the Court in the City Hall at Amsterdl"
in N. N^
Extraordinary Meeting held in the City Hall at Amsterdam in New
Netherland, the 26'^ January 1657. Present N. de Silla, Allard Anthony,
VOL. 11. — I
274 Court Minutes of New Amsterdam. [1657
Olof Stevensen, Jan Vinge, Jacob Strycker, Will: Beeckman, and Hen-
drick Kip.
Jan Perie, pltf. v/s Tomas Schodt (Scott), deft. Pltf. rendering his
demand both verbally and in writing, prosecuting the arrest served on the
bark of Jan Geraerdy in which the deft, is now arrived from Virginia and
on the 5 hogsheads of tobacco which he, Geraerdt, has in said bark; re-
questing that said arrest be declared valid until he is paid and satisfied for
what is coming to him from Geraerdt, to wit fl. 233 on a/c and fl. 181. on
a note. Deft, answering both verbally and in writing says, he is ignorant
of what is due the pltf. by Jan Geraerdt, it not concerning him; acknow-
ledges there were 5 @ 6. hogsheads of tobacco shipped in the bark by Jan
Geraerdt, but does not know to whom nor of what quality. As regards
the arrest on the bark says, he bought and paid for the same from Jan
Geraerdt, whereof he exhibits in Court the bill of sale and the convey-
ance dated the 23 Dec' 1656. signed by Jan Geraerdt and witnesses: And
whereas Jan Geraerdt is thereby bound and held to free the bark one year
after date from all claims, and it is now arrested on his a/c. he again pro-
tests, as he has yesterday done through the Notary, for all costs, damages
and interest suffered thereby and yet to be suffered; requesting that the
arrest be declared invalid and pltf. condemned in the costs incurred
herein. Pltf. replying says, that Capt Flaman was appointed skipper of
the bark by Jan Geraerdt, and that the deft, must pay freight on the to-
bacco, which he has therein, maintaining, that it is Jan Geraerdt's bark.
Deft, answering says, that Capt. Flaman was indeed appointed skipper of
the bark by Jan Gerardt and continued by him, but expressly denies, that
he must pay freight for his tobacco, but merely to pay Flaman therefrom
his wages as skipper. Whereupon Capt. Flaman as skipper is heard; who
confirms the sale of the bark and says, that Jan Geraert ordered Tomas
Schodt (Scott) to pay him his wages here, and looks to the tobacco, which
he has shipped, as security therefor, but not on freight and declares, that
Jan Geraerdt has 5 hogsheads of tobacco in the said bark. The Court
having heard the demand and answer of parties and seen the sale and
transport of said ship, which are confirmed by witnesses present have de-
clared invalid the arrest on the bark and condemned the pltf., Jan Perie,
in the costs herein, on the taxation and valuation of the Court. But as
regards the 5 hogsheads of tobacco, which said Jan Geraert loaded in the
1657] Court Minutes of New Amsterdam. 275
bark aforesaid, it is ordered that the same shall be delivered into the
hands of the Marshal Matewis de Vos and there remain until pltf. shall
demonstrate the justice of his claim. Thus done and adjudged in Court
this 26. Jan'y 1657.
Copy.
Director General and Council of New Netherland permit and author-
ize the Schout, Burgomasters and Schepens of this City of Amsterdam in
N: Netherland to cause the person of Jan Adamsen to be cited and to ap-
pear before them and to examine him in the case between him and the
wife of Sieur William Beeckman and according to the finding, to judge,
saving only the right of appeal to the Director General and Council of N:
Netherland. Thus done, consented and authorized for reasons the
Director General and Council aforesaid thereunto moving, the 23 Jan'y
1657. in Amsterdam in N Netherland. Was subscribed
P. Stuyvesant.
Cornelis Lanvelthuysen and Wife being summoned and heard in
Court relative to the calumnies of Jan Adamsen persist in their rendered
declaration, and being asked if they will confirm the same by oath,
answer, Yes; but the Court decide, that it is unnecessary for the present
to swear them.
Jan Adamsen, a prisoner, then came into Court and being heard on
certain interrogatories, proposed to him by the Hon''!^ d'Silla, has answered
the same, but in the negative as more fully appears by the same. The
examination being concluded, and the abovenamed Jan Adamsen being
conveyed back to prison, the Honble. Schout demands that Jan Hibou
and Jan Adamsen be confronted; the same for the Sergeant and Jan
Adamsen ; the same for Peter the Mason and Nicholas Langvelthuysen
and Wife; which the Court allowed to the Hon'''.'^ Schout.
Colombie appears in Court requesting revision of the judgment against
Rutger Jansen saying, that he lost full 300 ps. firewood and that the judg-
ment is only for 90 pieces. The Court allows the comparant to bring the
case in revision and orders him to cause the aforesaid Rutger Jansen to be
summoned for the next ordinary Court day and to prove his statement.
Willem Pietersen requests by petition, that he be permitted to con-
struct the sheet piling {Sc/ioeygin/i), in front of his lot on the East River,
of stone, and whereas his neighbours have sheeted with timber pursuant
276 Court Minutes of New Amsterdam. [1657
to the order of the Hon''!^ General and Council, it is resolved to communi-
cate the same to the Hon^!^ General and to hear his opinion.
Jacob Kip requests by petition, that Burgomasters and Schepens-
would be pleased to grant him a reasonable salary as he has kept the a/cs
of the Burger excise and tax on slaughtered cattle, of which he at the
same time delivers the books into Court. It was decided to communicate
the same to the Hon"^ General.
At the request of Sieur Govert Lookermans, merchant of this City of
Amsterdam in New Netherl'? as attorney of Sieur Nicolaes Boot merchant
at present in Virginia, we the undersigned Burgomasters and Schepens
of said City, certify and declare as true and certain that, when Mr James
Lesley and said N. Boot were at law here in this City before us about the
difference of the balance of payment of the ship the King David and the
open a/c. which they had with each other, being in June last, we never
heard either in Court or outside, nor was it reported to, or known by, us.
that Nicolaes Boot has expressed or spoken any slanderous words to the
prejudice of any English, either person or nation, much less that he
should have said, that M' Lesley or any other person could easily obtain
twenty witnesses for one stiver: but they declare, on the contrary, that
parties, to wit: M' Lesley and Nicolaes Boot debated and investigated
their difference in proper order, according to the custom of law, on both
sides by demand, answer, reply and retort, as we find on reference in the
case to the entries thereof preserved by and remaining with the Secretary,,
which we confirm with our signatures and the City Seal hereto impressed.
Done this 25 Jan'y 1657. at Amsterdam in N Netherland. Approved in
Court and signed and sealed by the Hon*"'.^ President and Secretary by
order of the Burgomasters and Schepens on the 26'.'' January.
Copy.
Mons' Carel van Brugge: On the date underwritten are Gysbert op
Dyck and Claes van Elslant the younger admitted as Court Messengers,
and each is allowed yearly as salary, from the Director General and Coun-
cil one hundred and fifty guilders and on the part of the City is each
promised fifty guilders. Please so to book them, and to return them
these to exhibit to the Honble Burgomasters, in order that they be booked
also there for the fifty guilders. Done at Amsterdam in N. Netherland
the 21. December, 1656. Was subscribed , . . C. v. Ruyven.
i657] Court Minutes of New Amsterdam. 277
Monday, 29. Jan'y 1657. In the City Hall. Present N. de Silla,
AUard Anthony, Olof Stevensen, Joh: Pt' Verbrugge, Jacob Strycker,
Jan Vinge, Willem Beeckman, and Hendrick Kip.
Hon'".^ de Silla, pltf. v/s Ryck Hendricksen, deft. Pltf. says that
deft, about a quarter of a year ago struck one Cornelis Tysen, wood-
sawyer, at the house of Luycas Dircksen, tavernkeeper, with tongs on his
head, which caused a dangerous wound, and whereas he is now cured re-
quests payment for the surgeon for the cure, and for the Hon*"!^ Schout the
fine of fl. 300. according to placard. Deft, answering says, he struck the
aforesaid woodsawyer with tongs, saying he was forced thereto; whereas
he ran from his work and stopped in the tavern, where he grossly slan-
dered him as a rascal, a meatstealer and such like. The Court ordered
the deft, to prove his statement by the next Court day.
Engeltie Mans, pltf. v/s Geertie Jacobsen, wife of Geurt Coerten,
deft. Pltf. says, that deft, informed her, the pltf., and Francis Rombout,
that they had been discovered in something disgraceful, and whereas she
is censured, demands proof of any dishonour or in default thereof, that
deft, be punished therefor as an example to others, as the Court shall
deem proper. Deft, appears in Court; acknowledges that, as Jan Adam-
sen said they were such people as nobody would suspect, she advised the
pltf. and Francois Rombout. Maintains, that she did not disgrace or re-
proach her with it. Declares she knows no dishonour of the pltf. The
Schout as guardian of the pltf. concludes that deft, be condemned to ask
pardon of God, Justice and the wronged party in Court, and be moreover
amerced in a fine at the discretion of the Court. The Court having heard
deft's confession and the instituted demand and conclusion have con-
demned, as they hereby do, the deft. Geertie Jacobsen, that she shall de-
mand pardon of God, Justice and the wronged party and further declare
that she knows no dishonour of her, and moreover be fined ten guilders
for the Hon*"'.^ Schout. Thus done and sentenced.
Pursuant to the preceding sentence, Geertie Jacobsen, wife of Geurt
Coerten, appears in Court of Schout, Burgomasters and Schepens and
declares in presence of Engeltie Mans as party, that she knows nothing
dishonorable of her and consequently asks forgiveness of her as wronged,
and of God and Justice and is thankful for impartial law. Done as above.
Cornelis Langvelt, pltf. v/s Pieter Jansen, deft. Deft's 2"^- default.
278 Court Minutes of New Amsterdam. [1657
Pltf. appears in Court demanding payment of fl. ^t,. balance of purchased
apples; demanding condemnation. The Court condemns the deft, to de-
posit the sum demanded with the Secretary within 8 days.
Pieter van Couwenhoven, pltf. v/s Jan Perie, deft. Pltf. demands,
that deft, shall give reason for the arrest of 5 hogsheads of tobacco sent
him from Virginia by Jan Geraerdy. Deft, says in answer, that he
arrested the said tobacco, as Jan Geraerdy has not paid him what he
owes him; requesting that the arrest be declared valid as security for his
debt. Pltf. proves by letter, that Jan Geraerdy sent him the 5 hogsheads
of tobacco in question; also by obligation for five hundred guilders and
book debts apart, that more than the said tobacco is due him from Jan
Geraerdy, demanding, therefore, that the arrest made on said tobacco by
Jan Perie shall be declared invalid. The Court having seen the proofs
produced by the pltf. decide, that the tobacco in question belongs to
Pieter van Couwenhoven and shall be delivered to him; and consequently
declares the arrest of the same invalid.
Dirck Volckertsen, pltf. v/s Jan Fredericksen, Jan Perie' s servant,
deft, Pltf. requests, that deft, shall testify to the truth before the Court
as to what he saw relative to the drawing of the knife between him pltf.
and Jan Perie. Therefore aforesaid deft, appeared in Court and de-
clares that he saw, on coming out of the house, Jan Perie and Dirck
Volckertsen standing opposite each other, each with a knife in his hand,
and that Dirck Volckertsen thrust first, and stabbed Jan Perie in his
belly, and that Jan Perie then thrust with the point of the knife on Dirck
Volckertsen' s truss, and saw Jan Perie afterwards chase Dirck Volckert-
sen with a dagger. And further he cannot declare.
Jacob Strycker, pltf. v/s Engeltie Mans, deft. Pltf. says that they
disagree about a beast ; and whereas the deft, says, that he, pltf.,
asserted, she and the Hon"" Silla acted and complotted together, de-
mands that she, deft., shall acknowledge the same or deny having said so.
Deft, answers, that pltf. has said, that she and Hon''!^ Silla acted together.
Hon"." Silla being present, standing up, declares himself a party, and says
if the Deacons can prove that it is their beast, that the same falls to the
Church. Deft. Engeltie says, that the beast in question was last Thurs-
day taken from her stall. The Deacons answer, they are ignorant of it.
And whereas the Hon"" Silla, as party, being asked for proof, that it is
1657] Court Minutes of New Amsterdam. 279
the beast of the Poor, says he can give no other proof, than that Jan
Snediger's wife should have said, the beasts, belonging to the Poor,
should have a cut like a half moon on the ear. Parties being heard, and
the Court having examined the proofs, produced by the Deacons, of those,
who had raised the cow from a calf and also, who wintered it last year,
decide that said proof is sufficient and that, consec^uently, the cow in
question belongs to the Poor and therefore commission the Hon: Willem
Beeckman and Jan Vinge to tax the costs incurred by deft, and if parties
think they have any particular difference, they may institute their action
therefor,
Jacob Joosten, pltf. v/s Matewis de Vos, deft. Pltf. demands, that
deft, be condemned to pay him the wages earned on Jan Geraerdy's bark;
inasmuch as the five hogsheads of tobacco shipped therein by Jan
Geraerdy were delivered to deft, and were shipped as security of the
wages. Deft, answering says; he does not know of any tobacco or of the
pltf's wages or of what is coming to him. Saying that he received and
has nothing of Jan Geraerdy in his possession. Pltf. replying says; that
Capt. Martyn gave him a letter, wherein it is stated, that he shall be paid
from the tobacco. Deft, denies the same; whereupon Capt Martyn being
heard says, he gave an open letter to De Vos to translate being an order,
wherein 't is stated, they were to receive their wages. De Vos denies,
that there is any thing in it about wages or such like, maintaining he is
not bound to exhibit it, as being his letter and not appertaining to the
matter. The Court ordered De Vos to bring said letter forthwith into
Court. Returning, he exhibited a letter from Jan Geraerdy; requests that
the contents remain secret, which being examined and no mention made
of wages therein, Capt Martyn is asked, if it be the same, who seeing it
answers, No — saying that his name was endorsed thereon — Order of Capt
Martyn. De Vos says he received or had no other order or letter. De-
mands proof to the contrary. Jacob Joosten and Capt Martyn offer to
declare by oath, that the letter exhibited is not the same which they gave
De Vos, inasmuch as there was on it, as previously stated. Order of Capt.
Martyn. The Court order De Vos to bring immediately into Court the
letter, he rec*? from Capt Martyn, whereon stands. Order of Capt Martyn,
or to purge himself under oath, that he never rec'! such a letter from Capt.
Martyn. De Vos having been ordered as aforesaid in Court, says he will
28o Court Minutes of New Amsterdam. [1657
declare under oath, that there is not in it a word or semblance of a word
about wages as the pltf. and Capt Martyn say, but merely something
private, which he again maintains he is not bound to divulge. Ordered
to produce the aforesaid letter and is promised to keep it secret if any
thing secret be in it. De Vos exhibits the letter in Court, who find, that
thereon stands Order of Capt Martyn and nothing of any wages or such
like; and whereas parties, to wit D' Vos, maintains he is not bound to de-
liver it over, as it was sent to him and Capt Martyn expresses himself
content, and requires merely a copy or translation, Matewis de Vos was
therefore ordered to deliver to Capt Martyn, without delay an authentic
translation or the original.
Solomon La Chair, pltf. v/s Willem Harck, deft. Deft, in default.
Excused from default in consequence of severe weather.
Jacob van Couwenhoven, pltf. v/s Rendel Huwit, deft. Pltf. in
default.
Colombie, pltf. v/s Jan Rutgersen, deft. Pltf. in default.
Warnaer Wessels, pltf. v/s Jacob van Couwenhoven, deft. Deft, in
default.
Jacob van Couwenhoven, pltf. v/s Willem Clasen, deft. Both in de-
fault.
At^the request of Jan Perie appear in Court of Burgomasters and
Schepens Capt Martyn and Jacob Joosten, who declare, that Jan Geraerdy
merely conveyed the bark, wherein they recently came from Virginia, to
Thomas Schodt (Scott) in Virginia, so that Nicolaes Boot or Mr. Imperer
should not arrest the same on a/c of the ship the King David. Jacob
Joosten further declares alone, that said Thomas Schodt (Scott) remained
security for Jan Geraerdy at Boston for p^^io. and at Milford to M' Bryn
for ^go sterling, and that he Geraerdy gave Thomas Schot therefore the
bill of sale and conveyance of the bark as a mortgage, which Schot holds
for his security; and also that Jan Geraerdy and Thomas Scott were in
dispute with each other and fought about it in Virginia, which he offers
to confirm by oath if necessary. Done the 29 Jan'y 1657.
Jan Perie appears in Court requesting orally, as by judgment against
Thomas Schodt he is condemned in the costs, that he shall hold his
guarantee on Jan Geraerdy. Which was allowed him. Marginal Note
on the particulars of the costs delivered into Court of Burgomasters and
1657] Court Minutes of New Amsterdam. 281
Schepens by Thomas Schodt, being fl. 8i. 4. The Court having seen tlie
preceding particulars and finding, that pltf. incurred no prevention by the
arrest, have taxed and assessed the same at fl. 44. Which Jan Perie was
hereby ordered to pay, saving his action and recourse against Jan
Geraerdt.
The petition of Willem Pietersen being shewn to the Hon^l" General
by the President, and his advice thereupon heard, to the effect, that he
must sheet with timber like the neighbours and not with stone is there-
upon noted. Burgomasters and Schepens decide and hereby order the peti-
tioner to construct his sheeting before his house and lot according to the
general order with timber like his neighbours.
The written petition of Jacob Kip for a salary for keeping a/c of the
receipt of the Burgher excise and tax on slaughtered cattle is shewn by
the president to the Hon*"!* General and thereupon noted — Petitioner is
referred to the Hon'''.^ Director General and Council.
Nicolaes de Meyer appears in Court requesting by petition convey-
ance of the house purchased of Jacob van Couwenhoven; producing with
it such papers and alledging such reasons in the petition, that he maintains
it cannot be refused him. The petition and documents being examined,
is noted — Petitioners request is granted and the Secretary is ordered to
make out the conveyance and mortgage.
Skipper Lourens Cornelis" vander Wei appears in Court and whereas
he cannot obtain any barrels from the coopers and has himself some
barrels, which are not of Holland measure, and cannot consequently be
guaged conformable to order; and as he intends to have beer put in them
for sea stock, he requests permission to let them be used without hind-
rance. The Court considering present circumstances consent to allow the
petitioner to use and carry with him the barrels, which he has, on condi-
tion that the same be guaged, so that the export duty be not lost.
Jan Hibou, tailor, and Jan Adamsen, prisoner, being confronted in
Court with each other, the deponent Jan Hibou, persists in his rendered
declaration, which he anew repeated word for word and offers to confirm
the same by oath in presence of party and Jan Adamsen persists in his
negative answer given to the interrogatories. In like manner Cristiae--.
the Serjeant and Jan Adamsen were confronted and the deponent also per-
sists in his rendered declaration, and Jan Adamsen by his negative answer,
282
Court Minutes of New Amsterdam.
[1657
that he does not know, that he said so. Bassin the Negro, who was by to
bring the brandy, when Jan Adamsen spoke the words to Jan Hibou,
being examined, says he did not hear such. The Hon"^ Beeckman re-
quests further order, so as to prove the truth of the case, inasmuch as Jan
Adamsen and the witnesses being confronted, he denies. Whereupon
the Court order the Schout to further examine the said Jan Adamsen with
threatening of, and preparation for, the Torture.
Whereas the time of election is arrived, therefore the actual Burgo-
masters and Schepens according to last Monday's agreement proceed to
the nomination and with that view each delivers in his advice in writing
as follows: —
The majority of the Court also decided to bring in the nomination
of two Treasurers, but whereas the President and Schout think it best to
defer the same until the election takes place, it is therefore laid aside.
VOTES ON THE NOMINATION OF BURGOMASTERS AND SCHEPENS.
Vote of Hon"' Allard Anthony.
For Burgomasters ;
Joh: Gillis" Verbrugge,
Paulus Leendertsen.
For Schepens ;
Pieter Van Couwenhoven,
Joh: de Peyster,
Govert Loockermans,
Pieter Prins,
Hend'k Jansen Vin,
Adriaen Blommaert,
Isaak Greveraer,
Cornelis Steenwyck.
Vote of Hon'=!'= Olof Stevensen.
For Burgomasters ;
Paulus Leenderts" van die Grift,
Pieter Wolfertsen.
For Schepens ;
Joh. de Peyster,
Hend'k Jansen Vin,
Jacob Backer,
Pieter Prins,
Adriaen Blommaert,
Isack Greveraer,
Govert Loockermans,
Jan Gillisen Verbrugge.
Vote of the Hon".' Joh: Ptr'
brugge.
For Burgomasters j
Paulus Leendertsen,
Willem Beeckman.
Ver-
Vote of Hon : Jacob Strycker.
For Burgomasters ;
Paulus Leenderts" Vander Grift,
Jan Gillisen Verbrugge,
i657]
Court Minutes of New Amsterdam.
283
For Schepens ;
Pieter Wolfertsen,
Joh : d'Peyster,
Hend'k Jansen Vin,
Gornelis Steenwyck,
Jacob Backer,
Isaack Greveraer,
Adiaen Blommaert,
Pieter Prins.
Vote of Hon^!^ Jan Vinge.
For Burgomasters j
Will : Beeckman,
Joh : Pt^'" Vanbrugh.
For Schepens ;
Paulus Leendertsen,
Pieter van Couwenhoven
Joh : d'Peyster,
Joh. Gillisen Vanbrugge,
Nicolaes Verleth,
Govert Loockermans,
Pieter Prins,
Adriaen Blommaert.
For Schepens ;
Pieter van Couwenhoven,
Joh d'Peyster,
Govert Loockermans,
Jacob Backer,
Pieter Prins,
Corn^ Steenwyck,
Nicolaes Verleth,
Hend'k Jansen Vin.
Vote of Hon'^'.'= Beeckman.
For Burgomasters ;
Paulus Leendertsen Vander Grift,
Joh : Pietersen Vanbrugh.
For Schepens ;
Pieter van Couwenhoven,
Joh : de Peyster,
Govert Lockermans,
Jacob Backer,
Jan Gillisen Vanbrugge,
Pieter Cornelis Van Veen,
Cornelis Steenwyck,
Isaack Greveraer.
Vote of the Hon^!" Kip.
For Burgomaster ;
Paulus Leendertsen van die Grift.
Johan d'Peyster.
For Schepens J
Hendrick Jansen Vin,
Jan Gillisen Vanbrugge,
Govert Loockermans,
Nicolaes Verleth,
Adriaen Blommaert,
Coenraet Ten Eyck,
Isaac Greveraer,
Pieter Prins.
284 Court Minutes of New Amsterdam. [1657
RECAPITULATION OF THE VOTES.
For Burgomasters ;
Paulus Leenderts vandie Grift, IIIIII
Jan Gillisen Van brugge, II
Willem Beeckman, II
Joh : Piet" Verbrugge, II
Pieter Couwenhoven, I
Joh : d'Peyster, I
For Sc hep ens j
Pieter Van Couwenhoven, IIIII
Johannes d'Peyster, IIIIII
Govert Loockermans, IIIIII
Pieter Cornelis Vander Veen, IIIIIII
Hendrick Jansen Vin, IIIII
Adriaen Blommaert, IIIII
Isaack Greveraer, IIIII
Cornelis Steenwyck, IIII
Jacob Backer, IIII
Jan Gillisen Verbrugge, IIII
Nicolaes Verleth, III
Paulus Leenderts, I
Coenraet Ten Eyck, I
Whereas the Vote for the Second Burgomaster is put and the question
asked anew which of them to put in nomination ?
Votes : —
Hon''!^ Allard Anthony Jan Gillis Verbrugge.
Hon*^!^ Oloff Jan Pt^" Verbrugge.
Honble Verbrugge Will : Beeckman.
Hon'''.^ Strycker Will : Beeckman.
Hon".^ Beeckman Jan Pt" Verbrugge.
Hon''!^ Vinge Jan Pt'" Verbrugge.
Honble Kip Jan Pf" Verbrugge.
By plurality of Votes nominate
For Burgomasters ;
Paulus Leendertsen van die Grift,
Johannes Pieters" Verbrugge.
1657] Court Minutes of New Amsterdam. 285
For Schepefis ;
Pieter Van Couwenhoven,
Johannes d'Peyster,
Pieter Cornells vander Veen,
Govert Loockermans.
Joh : Gillisen Verbrugge,
Hendrick Jansen Vin,
Adriaen Blommaert,
Isaack Greveraer.
Honourable, Valiant Lords : —
Whereas the time of choosing succeeding Burgomasters and Schepens
is, according to Custom, arrived — Therefore by plurality of votes, we
nominate to your Honours from the Burghers and Inhabitants of this City
as a double number, these following —
For Burgomasters ;
Paulus Leendertsen van die Grift,
Johannes Pietersen Verbrugge.
For Schepens ;
Pieter van Couwenhoven,
Johannes de Peyster,
Pieter Cornelis vander Veen,
Govert Loockermans,
Joh : Gillisen Verbrugge,
Hendk Jansen Vin,
Adriaen Blommaert,
Isaack Greveraer.
Requesting that Your Honours would be pleased to elect from the
same the most honest, the wisest and the best qualified to succeed in the
places of the outgoing Burgomaster and Schepens, so that the Common-
alty may be protected and the public service proceeded with. Done this
29'^ January 1657. In the City Hall at the Court of Burgomasters and
Schepens of the City of Amsterdam in N: Netherland. Present the
Hon".' N de Silla.
By order of the Burgomasters and Schepens of the City Amsterdam
in N. Netherland. Signed Jacob Kip, Secretary.
To the Rt Hon^'.* Direct' General and Councillors of New Netherland,
286 Court Minutes of New Amsterdam. [1657
Wednesday the 31'.' Jan^ 1657. In the City Hall. Present N: de
Silla, Allard Anthony, Oloff Stevensen, Joh: Verbrugge, Jacob Strycker,
Jan Vinge, Will: Beeckman, and Hendrick Kip.
The following Apostille and Privilege is this day received from the
Hon".* Director General and Council of N. Netherland, on the petition of
the Burgomasters and Schepens presented to their Honors on the 22?
January of this year, which according to Custom, is published at, and
affixed to, the City Hall of this City.
The Representation of the Burgomasters and Schepens of this City,
New Amsterdam in New Netherland, being received at the meeting of the
Director General and Council of N: Netherland, wherein they exhibit,
on the one hand, the trouble, labour, expenses, expeditions and watchings
which they sustained, endured and suffered in the last national quarrels
with the neighbours as well as in the sad and unexpected rencountres with
the Natives, and what they are subject to as the principal frontier and
capital, more than others; On the other hand, the frequent complaints
of the Burghery and other inhabitants of this Province against the inland
trading and trafficking of the Scotsmen sailing hither and thither even to
the best trading places, taking the bread, as it were, out the mouths of
the good Burghery and resident inhabitants, without such being subject,
in time of peace or war, to any trouble, expence, labour, expeditions or
watchings like the Burghery and settled inhabitants; that, on the con-
trary, they carry away the profits in time of peace, and in time of war
abandon the country and the inhabitants thereof, against which. Burgo-
masters and Schepens request, for their Burghery, some additional benefits,
privilege and freedom. Which We, the Director General and Council of
New Netherland, having taken into serious consideration, being suffi-
ciently informed by personal experience, of the truth and justice of the
matter, have provisionally, on the approval and ratification of the Lords
Patroons and by their advice and instructions, dated the 12* March 1654.,
at the request of Burgomasters and Schepens condescended, apostilled,
privileged and granted * that henceforward the arriving Scotsmen and
traders shall, before selling or conveying their goods and merchandize be
held, by virtue of stapleright and pursuant to order and instructions of the
Lords Patroons, to set up and keep an open store within the gates and
* See Laws and Ordinances of N. N., p. 299.
1657] Court Minutes of New Amsterdam. 287
walls of this City in a hired or owned house or room and to ask from the
aforesaid Burgomasters and Schepens, before hand, the common or small
Burgher right or citizenship {Poorter recht) to enable them to do the same,
for which they shall once pay for the behoof of this City and support
thereof, twenty guilders which also in virtue hereof is granted to Burgo-
masters and Schepens; that from now henceforward no arriving passen-
gers, Scotsmen, shopkeepers or artisans shall exercise within this City any
public-store business or handicraft trade such as have sought and obtained
the small or common Burger right from the Burgomasters and Schepens,
and subjected themselves, by subscription or promise of Oath, to the
supreme government of the Director General and Council during their
stay in this City, to bear like other Burghers and citizens their burdens,
expences, expeditions and watches. Further, in conformity to the laud-
able custom of the City of Amsterdam in Europe, the Director General
and Council of New Netherland on the approval and ratification as before,
allow and concede to the Burgomasters and Schepens, the establishment
of a Great Burgher right for which those, who may request to be therein,
shall pay fifty guilders; and all such and such only shall, hereafter, be
qualified to fill all the City offices and dignities within this City and con-
sequently be nominated thereto; Secondly, be exempt for one year and six
weeks from watches and expeditions; thirdly, be free in their proper per-
sons from arrest by any subaltern court or judicial benches of this prov-
ince. The Director General and Council reserve to themselves the further
amplification and interpretation of obscurities and misconceptions. Thus
done in the meeting in Fort Amsterdam in New Netherland, the 30*
January 1657. Was subscribed P. Stuyvesant..
Under Stood: By order of the Director General
and Council of N. Netherland, signed
C. V. Ruyven, Secretary.
Below depends the Provincial Seal in Red Wax.
At the Court aforesaid it is Resolved to present the following petition
to the Hon*"!^ Director General and Council, for explanation of the con-
ceded privilege.
To the Hon''!* Director General and Councillors of N. Netherland.
Hon".* Lords,
Whereas Your Honours have been pleased to favor this City,
288 Court Minutes of New Amsterdam. [1657
Amsterdam in N. Netherland, with the Privilege of small and great
Burger right Therefore, we, the Burgomasters and Schepens of said City
thankfully acknowledging such for the public good and welfare, request
Your Honours' explanation as to whom belong for the present the small,
and whom the great Burgher right; and request that Your Hon" would
be pleased to confer on the Schout, Burgomasters and Schepens, who have
formerly been in the government of this City, and are now in office, and
who shall be elected to this office from those nominated for the present
year, and their descendants, the privilege of the great Burgher right.
Awaiting hereon Your Hon"' favorable disposition we remain Your Hon"
Subjects
The Burgomasters and Schepens of the
City of Amsterdam in New Netherland,
By order of the same Jacob Kip, Secretary
Done this 31. January 1657. in Court at the City Hall, at Amsterdam
in N. Netherland.
In like manner was resolved at the Court aforesaid to request by
petition to the Hon*''.^ Director General and Council, as follows: —
To the Hon".' Director General and Councillors of N. Netherland.
Burgomasters and Schepens of the City of Amsterd™ in New Nether-
land with due respect represent —
They find by daily experience, that it is necesary as well at present
as hereafter to appoint and select some persons within the City, as is done
in our Fatherland, to fill all offices appertaining thereto. Your Petitioners,
therefore, request your Honors, that such may be conferred on the Burgo-
masters and Schepens at the time in office to grant the said offices and
appointments to those who, in their estimation, shall be best and fittest
therefor; always with the approbation of Your Honours the Director
General and Council of N. Netherland. Awaiting hereupon Your
Honours' favorable disposition we remain
Your Honours' Subjects,
The Burgomasters and Schepens of the
City, Amsterdam in N. Netherland,
By order of the Same Jacob Kip, Secretary.
Done this 31. J any 1657. In Court at the City Hall in Amsterdam
in N. Netherland.
1658] Court Minutes of New Amsterdam. 289
Whereas recently Jan Adamsen and formerly other prisoners were
confined in the City Hall, inasmuch as the jailor must take care of the
Company's prisoners in the fort and of the burgher prisoners in the City
Hall, which cannot conveniently be done; Therefore Burgomasters and
Schepens considering the state and condition as well as the past services
of Anthony Lodewycksen Baeck, Burgher Provost, have resolved to
appoint him Baeck City Jailor at the yearly salary of fl. 150. of which
they shall request the approval of the Hon''!* General and Council.
Friday, 4'!' January 1658;* In the City Hall. Present the Heeren
Burgomasters, Paulus Leendersen vandie Grift, Allard Anthony.
Whereas the Brewer Street f is inconvenient to be used in foul and
bad weather especially in winter, the Heeren have deemed it advisable to
recommend to the Street Inspectors to regulate and pay due attention to
the order of the aforesaid street, which it is necessary to have paved.
It being deliberated with the Street Inspectors, who appear in Court,
how such work should be done — whether every one who resides, or
has houses in this street shall pave before his lot, or whether the City
should have it done at its own expence — then whereas no resolution could
be adopted this date, it is postponed until further opportunity.
Herri Breser is, by order of the Heeren Burgomasters of the City of
Amsterdam in N. Netherland, hereby directed to make up his sheetpiling
and to raise and fasten it forthwith. Done as above, by order of the
Heeren Burgomasters.
Monday, 7'^ January 1658; In the City Hall. Present the Heeren
Nicasius de Sille, Paulus Leendersen vandie Grift, Allard Anthony, Wil-
helmus Beeckman, Joannes de Peister, Govert Loockermans, Hendrick
Vander Vin.
The Schout Nicasius de Sille states, as Nicolaas Velthuyzen and Jan
van Deventer were ordered at the last Court to bring in their papers docu-
ments and their intendit serving for the verification of their claim and
j conclusion, to the Meeting, that he therefore enters his demand in writing
against Nicolaas Velthuysen.
* The Minutes since January 31, 1657, are missing in the original Dutch records. —
B. F.
f Now Stone St., w. of Broad.
VOL. n.— 10
290 Court Minutes of New Amsterdam. [1658
The Heer Sellout Nicasius de Sille, pltf. v/s Madaleen Vincent, deft.
Pltf. enters his demand in writing against the deft, for her bad
behaviour and abuse committed as well against Wilhelmus Beeckman and
his wife as against the Farmer, Wernaar Wessels, on the Heeren Straten
(Broadway) according to proof thereof exhibited to Court: requesting the
Magistrates to punish deft, as she deserves. Deft. Madaleen Vincent
appearing in Court is asked, why she misbehaves towards the Magistrate ?
Answers, cannot understand; demanding that she may bring some one to
interpret for her, which is allowed her. Madaleen Vincent appearing
again in Court bringing with her Pieter Wolfersen Van Couwenhoven's
wife, was again asked anew, why she abuses the Magistracy ? Answers,
thro' the wife of Pieter Wolferzen abovenamed, she has no recollection
of saying any thing, nor did she say it. Schepen Wilhelmus Beeckman
standing up replies, that Madaleen Vincent, the deft., had (as he had
stated on the last Court day) caused him to be called out the house of
Hans Stein, making great uproar there and giving him considerable abuse,
and that she came to his house saying to his wife. Your man goes with the
Heer Fiscaal and spends and gambles my man's money; I must pay 12
guild" and Beeckman nothing at all; and he says not one good word for
my husband. Thereupon Madaleen by the aforesaid Pieter Wolfersen's
wife answers, that the Heer Beeckman asked her husband to ride out beer,
after the sentence was passed on her husband. The Heer Beeckman
answers, that he did not know what sentence the Magistrates had passed.
The deft, says, that the Heer Beeckman has abused her at Hans Stein's
house for a swine and a baggage ; being willing to verify that by the wife
of Hans Stein, who had heard it. Thereupon Hans Stein's wife was sum-
moned by the Court Messenger, but was not at home. The Court having
seen the Schouts demand also the affidavits exhibited in Court by him and
the answers of party, and having seriously considered everything ma-
terial, condemn the deft, in the fine of sixty guilders to be applied as is
proper; and she is further ordered and charged to keep peaceable and
quiet henceforward, and not to misbehave any more towards the Magis-
trates, or in default thereof that other provision shall be made therein.
The Heer Schout Nicasius de Sille, pltf. v/s Lodowyck Pos, deft.
Deft, in default.
Grietje Maas, pltf. v/s Cristiaan the Soldier, deft. Both in default.
1658] Court Minutes of New Amsterdam. 291
The Schout Nicasius de Sille observes, as the election is at hand, that
the Magistrates will please to think of nominating such persons as are of
good name and repute and, moreover, fit for such office. Whereupon the
President of Burgomasters and Schepens orders the Secretary to make out
a list of those, who possess the Great Burgher right, and to hand each
Burgomaster and Schepen a list, in order that each may nominate there-
from, according to his best knowledge, such persons as are fit for such
dignity.
Abraham de la Nooy, pltf. v/s Lauwerens Cornelisen van der Vin,
deft. Pltf. demands from deft, the sum of fl. 394. balance according to
obligation dated 16. August 1656. with interest thereof for a/c of Roelof
Jansen Vonck according to procuration had therein exhibited to Court.
Deft, answers, that he has paid something on a/c of the obligation and
that Roelof Jansen Vonck promised him, he should not be troublesome to
him and will not leave any procuration and admits having passed the ob-
ligation, but has paid thereupon as before. The Court grants deft, eight
days time to bring and exhibit to the Court his proof that he has paid on
the obligation.
Abraham Jacobsen, pltf. v/s Burgher Jorisen, deft. Pltf. demands
from deft, the sum of fl. 23. 10 balance of a/c, as per a/c exhibited to the
Court. Deft, admits being indebted, when the work is done. Pltf. says
the work is done being willing to prove it by the carpenters. The Court
order Adolf Pietersen and Frans Jansen carpenters to take up and inspect
the work in question and to report thereupon to the Court.
Elder Bruinsen, pltf. v/s Cristiaan Nysen, deft. Pltf. in default.
Pieter Taalman, pltf. v/s Rutgert Jansen, deft. Deft, in default.
Pieter Stoutenburgh appears in Court exhibiting some zewant re-
ceived from Frerick Lubbersen, and as it is not passable according to
conditions, not being merchantable zewant, which was conditioned, he
requests that the, Court shall please so to order, as they shall find most
proper. The Court refer the zewant in question to Sieur Cornelis Steen-
wyck and Sieur Pieter Jacobsen Buis to pronounce their opinion thereupon
and to reconcile parties; otherwise to report to the Court their judgment
of the zewant.
The President submits to the Court what resolution shall be taken ;
whether it shall remain at the same value, or be fixed according to the
292 Court Minutes of New Amsterdam. [1658
placard of the Director General and Council ? It is resolved to see
further into it.
The papers in the suit between Jan van Deventer and Nicolaas Vel-
thuyzen are postponed to the next Wednesday the 9'^ January at one
o'clock in the afternoon.
Judgment upon the differences in suit between Jacob Jansen Huis,
pltf. and the Heer Burgomaster Allard as deft. The Court having seen
and examined the papers and documents made use of in the suit between
Jacob Jansen Huis as pltf. and the Heer Burgomaster Allard Anthony as
deft. ; also the opinion and award of Sieur Cornells Steenwyck and Sieur
Pieter Jacobsen Buis as arbitrators, in presence of the Schepen Govert
Loockermans, ordered and authorized thereunto in date 3 Decemb' 1657,
and having weighed all that is material, condemn as they hereby do, that
Allard Anthony as deft, shall give, satisfy and pay to Jacob Jansen Huis
pltf. according to the annexed award of the abovenamed arbitrators, as
the Court, having well considered it, find to consist with all equity, and
accordingly approve the same as good; further dismissing the pltf's entered
demand. Thus done and adjudged in the Court of the Heeren Burgo-
masters and Schepens the 7'^ January 1658, in Amsterdam in N. Nether-
land.
AWARD OF THE ARBITRATORS.
To the Rt Worship" Heeren Burgomasters and Schepens of the City
of Amsterdam in N. Netherland.
Right Worshipful Heeren — By your Worships authority and order we
as Commissaries being thereunto appointed by your Worships of this
City of Amsterdam in N. Netherland have, in the presence of Schepen
Govert Loockermans, examined some papers in question between Jacob
Jansen Huis, pltf. and the Heer Burgomaster Allard Anthony, arising
from the following exhibited entered demand of the pltf.
First, the pltf. demands from the Burgomaster fl. 935: 11 stiv. in
beavers, for which the deft, has sent tobacco to Holland, against which
the receiver Hendrick van Heusden has protested. Deft, says, he has re-
ceived about fl. 400. from divers for freight of the goods per ship the
Pear tree and sent the remainder in payment for freight, which he owed
the same.
1658] Court Minutes of New Amsterdam. 293
Having heard the verbal arguments on both sides, we according to
our best knowledge, should decide, that all the tobacco, which the Burgo-
master received from other persons for freight of the Pear tree, shall avail
in a/c for the same; and the remainder for the one third for tlie
freight for the same, also the two remaining third i)arts of this freight
should the Burgomaster retain for his a/c and make good in beavers, the
rather as it has not been the custom here, that a merchant should pay all
his freight in good tobacco.
Secondly, regarding a parcel of motheaten beavers, amounting to fl.
283: 13. the pltf. says the beavers were scarcely worth half so much.
Deft, says, that the same beavers were left with him by Jacob Jansen Huis
and he so sent them over without changing them, offering to confirm this
by oath.
Jacob Janzen Huis says, that being done, he is satisfied.
Thirdly, the two cases of peltries or beavers on which for damages is
fixed fl. 600. We should decide, that nothing be deducted or taken oft";
the rather as the Burgomaster will declare, that he acted in good faith in
the sending away and receiving the beavers.
Fourthly, the fl. 29: 13. stiv., which Allard Anthony had received too
little from Fredrick Wernaarsen; we decide, that Jacob Jansen Huis has
to institute his action against Wernaar abovenamed; and if he declares,
he has paid Allard Anthony and can prove it, then we decide, that Allard
Anthony must pay Jacob Janzen Huis or his order the above mentioned
sum with interest and loss.
Fifthly, the fl. 600. which Allard Anthony charges for his trouble in
the suit between Pieter Rudolfus and Jacob Bersimson above the costs
thereon accrued, we should decide, that Jacob Jansen Huis ought to allow
one hundred guilders and no more.
Sixthly, we have examined the question regarding the deduction of
the freight and board amounting to fl. 372: 8 stiv. and we for divers con-
siderations decide, that the Burgomaster Allard Anthony shall deduct one
hundred and eighty six guilders and no more for all leakage and damage
suffered in the abovenamed ship the Pear tree; having satisfied perfectly
by compromise the parties referred to us.
These presents thus done according to our best knowledge, in
presence of the Heer Schepen Govert Loockermans; Amsterdam in N.
294 Court Minutes of New Amsterdam. [1658
Netherland, Sixteen hundred fifty and seven; day, 6'^ xb'. Was sub-
scribed,
Cornelis Steenwyck,
Pieter Jansen Buis.
INSTRUCTION FOR THE KEEPER OF THE JAIL AND PUBLIC PRISON.
I.
The keeper of the jail of this City is bound to receive into the jail all
prisoners, who shall be committed or delivered over to him by the Schout,
Burgomasters and Schepens or Burgher Court Martial (who are allowed
this provisionally and until further order) or in their name.
The Jailer shall safely keep all prisoners sent to him, whether they be
arrested on civil or criminal process.
3-
The Jailer shall sleep every night in his ordinary chamber and not
out of it, except by consent of the President; and if he remain out of it
without consent, he shall be fined for the first time 20 stivers, for the
second time 30 stivers, for the third time be deprived of his office, even
though there be no prisoners in the public jail.
4-
And if it happen that any prisoners break out or escape through
neglect of the Jailor, he may be sued therefor and he must defend himself
before the Judge.
5.
Item, the Jailor is bound to note down when the prisoners are brought
into the public gaol and the name and surname and also when they are
discharged, and what cloaths, money, goods they brought with them into
the prison and deliver in every Monday a list of the prisoners.
6.
The Jailor shall also look closely after the prisoners apprehended for
capital offences that they have not knives, irons, rope or other instruments
to break out or to injure themselves; the Jailor shall also thoroughly visit
the prisoners and the cells at least two or three times a week either by
night or by day, and may take as Assistant the Schout's deputy, who is
bound to aid him at his request.
1658] Court Minutes of New Amsterdam. 295
7-
The Jailor also shall not be allowed to relieve prisoners from their
fetters nor increase them except by consent of the Schout, Burgomasters
and Schepens, unless through cause of a desire to break out; he may then
increase them and secure them by day or by night, and shall immediately
make known those, who are secured, to the Schout and President.
8.
Item, the Jailor cannot give those who, for fighting, drawing knives
or other arms, are placed on bread and water, or let them have any thing
else, nor even sell them any thing, unless by consent of Schout, Burgo-
masters and Schepens.
9-
The Jailor must not tap nor hold with the prisoners any conversation
of games, drinking or otherwise.
10.
The Jailor shall furnish the prisoners meat and drink according to
order and shall receive for it according to the rules granted him therefor.
II.
The Jailor shall inspect and clean the prison every week, so that no
stench may arise, wherein the Schout and Judge shall pay attention, that
it be properly obeyed.
12.
The Jailor shall not allow any one to come to speak to the prisoners,
except through the grating without consent of the Schout and Prases.
13-
No person shall speak to the prisoner, until he be examined by the
Judge for some offence.
14-
No person shall pass the night with a prisoner for any offence, even
though man and wife.
15-
The Jailor shall separate the prisoners, as much as possible from each
other, and arrange them according to their offences and persons; espe-
cially the women from the men.
16.
The Jailor shall not receive any prisoners in the gaol except with
consent of the Schout and Judge or of the Officer of the Burgher Court
Marshal.
296 Court Minutes of New Amsterdam. L1658
ALLOWANCE OF THE JAILOR.
The Jailor shall have for locking and unlocking each prisoner fl. 6. —
He shall receive for criminal cases on bread and water per day — : lo.
From those confined on civil process he shall receive 20 stiv: per day
or as much as the Judge shall please to order.
Each week shall be furnished
Three lbs. of beef
One lb. and a half of pork
One loaf per week
Two cans of small beer in summer per day, and one can of small beer
in winter.
Pottage and Cheese {zuivel) occasionally.
Whoever requires more must pay for food pro rata.
Those, who sit in the prison chamber, shall have a candle every two
days, and shall let this burn in summer until nine o' Clock, and in winter
until eight o' Clock, and no longer; but no fire nor light in the other rooms
of the prison.
All the aforewritten until further order.
On the 8'!' January 165S: appeared Sieur Mattheus de Vos Not: Pub:
as attorney of Jacob Jansen Huis before the Secretary of this City of Am-
sterdam in N. Netherland and declares, that he appeals to the Hon'^'f
Director General and Council of N: Netherland from the judgment pro-
nounced by the Court here on 7* instant between the Burgomaster and
him, the Appellant.
Extraordinary Court on Thursday, say Wednesday the g'.*" January,
in the City Hall. Present the Heeren Paulus Leendersen vander Grift,
Allard Anthony, Wilhelmus Beeckman, Joannes de Peister, Hend'f J. van
der Vin.
Joghim Beeckman and Andries Andriesen are sent for and appear in
Court to declare, what passed between Jan van Deventer and Nicolaas
Velthuyzen, as far as it is known to them. Joghim Beekman declares,
that he saw and heard Jan van Deventer and Jan Crynen come out of
Velthuyzen' s house and that Velthuysen followed them into the alley, and
was seen by Jan van Deventer. Thereupon Jan van Deventer said, Ha!
rascal, are you there ? and drew the dagger out and stooped to the hasp
1658] Court Minutes of New Amsterdam. 297
to open it: And that meanwhile Velthuyzen struck down Jan van iJeven-
ter over the clapboards; but knows not the origin of the affair, and that
M' Paulus took the dagger out of Jan van Deventers hand. Andries An-
driesen declares, that going home he heard some noise at Velthuyzens and
that Jan van Deventer was pushed out the house, but saw no glass nor
even saw them drink brandy, but that Jan van Deventer abused him Vel-
thuyzen for a rascal and a dog. And whereas all the witnesses in the case
are not present, the Court resolves to appoint two Commissaries to ex-
amine the other witnesses, and the Schepens Wilhelmus Beeckman and
Hend*^ Jansen vander Vin are appointed thereunto. Meanwhile the City
Messenger is ordered to notify the President, that the other witnesses are
in the City.
Monday, 14 January, In the City Hall. Present the Heeren Nicasius
de Sille, Paulus Leendersen Van der Grift, Allard Anthony, Wilhelmus
Beeckman, Joannes de Peister, Govert Loockermans, Hendrick Jansen
Van der Vin.
Hendrick Kip, pltf. v/s Gerrit Hendrickzen, deft. Deft, in default.
Nicolaas Boodt, pltf. v/s Paulus van der Beeck and Hendrick the
Drummer. Pltf. is twice in default and M- Paulus van de Beeck in de-
fault.
The H' Schout Nicasius de Sille, pltf. v/s Saartje Steendam, deft.
Deft, in default. The pltf. says, that the deft, stated, whether I come or
not I shall give as much. Claes van Elslant is asked what answer Saartje
Steendam gave when he summoned her ? Answers, she would not appear.
And whereas the deft, is unwilling to defend herself before the Judge, she
is therefore condemned by the Court in the fine of twelve guilders, to be
applied as is proper, for her committed offence and taunting, and is further
charged to do so no more or that other provision shall be made therein.
The H^ Schout Nicasius de Sille, pltf. v/s Solomon La Chair, deft.
The pltf. says, that when the Fire Inspectors went around to inspect, they
were affronted by the deft., because he abused them as chimney sweepers.
Deft, answers, that he was at the Secretary's house in the fort and the
Secretary's wife said something at which they laughed, and that Jacob Vis
was also present there. He, deft., said to said Vis, pointing to the chim-
ney, the chimney sweep looks there; whereupon the Fire Inspectors came
298 Court Minutes of New Amsterdam. [1658
in, and Christiaan said to him, what sayest thou ? — Thereupon raising up
his stick or cane — sayest thou that we are chimney sweeps ? Whereupon
deft, answered, I say not that ; I know well what thou art ; thou art a car-
penter; I have seen you working at the city walls; and that is our Lieu-
tenant and that is Mynheer Kip; and has not said any thing further.
Whereupon he is ordered to withdraw. The Schout says, that the deft,
about two days ago had stated through the City Messenger, Claas van
Elslant — Is it to have a little cock booted and spurred I shall give it;
which being asked of Claas van Elslant, he answers, the woman told him
so. The Court having heard parties and Claas van Elslant's declaration,
and as it is not seemly that men should mock and scoff at those persons,
who are appointed by the Magistracy to any office, yea a necessary office,
they therefore condemn the deft., in a fine of twelve guilders to be applied
as is necessary, and the deft, is further charged not to do so any more or
that other provision shall be made.
Jan Perier, pltf. v/s Jan Gaaljaard, deft., demands from deft. fl. 20.
for board and f. 4 in addition disbursed for him. Deft, answers through
the interpreter, that'he boarded 20 days at his house, and that he agreed
to board with him for four months for a piece of linen, admits having
received fl. 2. and says the pltf. turned him out the house. Pltf. replies;
admits it, but had reasons for it on account of some filth committed in his
house, as fully explained to the Court, etc. Parties having been heard,
the Court condemn the deft, to pay pltf. his demand within thrice 24
hours time.
Jacob Eldersen, summoned by the Schout Nicasius de Sille, appears
in Court. The pltf. states, that he had heretofore summoned Jacob
Eldersen in date 3*? Decemb' for some offence committed by him, but he
had denied it whereupon he exhibits further declaration to the Court.
Jacob Eldersen is asked, if he had not struck Bruin Barensen, cooper at
Brooklyn ? declares he struck him with a broom stick. He is further
asked, if he did not strike him with a club ? — Answers, Bruin Barensen
drew a knife on him and that he warded him off with the broom stick.
The Schout exhibits to the Court his demand against Jacob Eldersen for
his committed fault, requesting that the summoned Jacob Eldersen may be
placed in security, and to wait until the recovery of the patient, and fur-
ther to be punish"? as an example to others. The Court orders copy of
1658] Court Minutes of New Amsterdam. 299
the Schout's demand to be delivered to Jacob Eldersen to answer there-
unto: Item the further demand is allowed.
Jan Hendricksen, glazier, demands by petition, that his wife may
again live with him. The Court postpones the apostille until his Honor
the Direct' General shall be spoken to thereupon.
Abraham de la Noy appears in Court stating, that there is no termina-
tion regarding the a/c and payment, which he claims from Lauwerens
Cornelissen van der Wei for a/c of Roelof Jansen Vonck, demanding,
that he may have an end to it. The president answers, that he, Abraham
de la Noy, is in default, as he has not furnished his party any copy of the
obligation.
Whereas some theft has been committed by Lysbet Gysbersen for
Geertje Jans, who led her to it, the Court resolves to examine her anew
and to reprimand her, until her father shall have come from Fort Orange,
who is to punish her as she deserves; and being therefore summoned by
the Court Messenger to appear with Moer Pietersen in Court; who appear-
ing is asked as is to be seen hereinbefore in the Minutes of Novemb. A?
1657. and adds to what she then declared, that she rec'^ from Geertje
Jans 4 stiv"'.^ for the pocket handkchfs, which she stole from Moer
Pietersen and that she received an old night dress and two stivers
more for other pocket handkerchiefs; further adhering to the previous
declaration.
Extraordinary Court, Monday afternoon 14'^ January 165S; in the
City Hall: Present the Heeren Paulus Leendersen van der Grift, Allard
Anthony, Wilhelmus Beeckman, Joannes de Peister, Govert Loockermans,
Hend J: Van der Vin.
The Court having seen and examined the papers, documents and dec-
larations of witnesses used in the suit between Jan van Deventer, soldier
of the Honble West India Company and Nicolaas Velthuyzen for fighting
and wounding inflicted by the abovenamed Velthuyzen on the aforesaid
Jan van Deventer on a Sunday during preaching, have in order to obtain
further explanation of the case examined anew on interrogatories the prin-
cipal witnesses, who were in the first instance present; therefore being
most maturely considered and having looked over the demand and con-
clusion of the Schout have pronounced the following judgment.
300 Court Minutes of New Amsterdam. [1658
JUDGMENT.
Whereas Nicolaas Velthuyzen has, according to declaration, violated
the placards of the Director General and Council enacted against tapping
any drink of what sort soever it may during the preaching and has on
Sunday in the beginning of Octob- of the year 1657 tapped to some per-
sons at his house strong drink, whereby quarrels, trouble and difficulties,
yea, even fighting and wounds have arisen, all which are in direct violation
of the placards published and enacted; and whereas he Velthuysen has
been found to be the cause, because first, he was the first to strike; sec-
ondly he could have prevented the further mischief as Jan van Deventer
and Jan Crynen were outside the house and he ought to have shut the
door and remained within, and had they, to wit, Jan van Deventer and
Jan Crynen committed any hostility in his house he should have given
notice thereof to the Schout, and not be his own judge; but on the
contrary with an angry and hasty spirit, against all efforts designed to
retain him in the house, as appears by declaration, escaped through the
back way from the house, attacked his opponent from behind over the
clapboards, they being on the highway and he on his lot, and struck him
in a vehement spirit; which the Court having looked into and weighed,
being an offence of evil consequence, which if not guarded against others
would be committed, and in order further to prevent such, and the Magis-
trates being desirous to provide therefor, they condemn the deft. Nicolaas
Velthuyzen for his perpetrated crime, first in the sum of 25 guilders for
surgeon's fees; next, fifty guilders for smart, pain and lost time, and fur-
ther in a penalty of 300 guilders to be applied as is proper; and in addi-
tion in the sum of 60 guilders to be paid for the benefit of the City for the
renewing of his trade or to enable him to renew it, and further in the costs
of suit. Thus done and sentenced in the Court of the Burgomasters and
Schepensof the City of Amsterdam in N. Netherland the 14"' January, 1658.
On the Petition presented in Court in date 14 January by Jan Hen-
dricksen, glazier, is the following ordered.
APOSTILLE.
Whereas Geertje Jans, wife of Jan Hendrickzen, glazier, has, in con-
sequence of her committed offences and faults, been banished by the
Court in date 3 Decemb' 1657, from this City's jurisdiction; but having
for a time absented herself therefrom, and coming in acknowledgment and
1658] Court Minutes of New Amsterdam. 301
sorrow for her perpetrated offences and through much intercession made
by worthy Burghers and inhabitants to the Burgomasters of this City,
therefore is it that the Heeren abovenamed, partly from especial consider-
ation and moreover in consequence of the continual importunity and inter-
cession, hereby pardon the abovenamed Geertje Jans and consent and
allow her to live again with her husband within this City's jurisdiction,
under her promise of amendment and a return from her previous faults
and misdemeanours, and to behave herself as an honest and virtuous
woman ought to do, so that no worse may happen to her. Done Amster-
dam in N. Netherland the 15* January, 1658.
Thursday, 17'?" January 165 8: In the City Hall. Present the Heeren
Nicasius de Sille, Paulus Leendersen van der Grift, Allard Anthony,
Joannes de Peister, Govert Loockermans, Hendrick Jansen vander Vin.
It is proposed in Court, to request from the Director General and
Council an Apostille on the petition presented to the superior government
in date g^^ Novemb- 1657, and whether such should be done in writing or
verbally. And whereas there is no unanimity thereupon, no disposition
was made thereof.
Again, the aforesaid Court resolved to request the Director General
and Council, that they and the Council should appoint and elect Commis-
saries of Marriage affairs from the retiring Burgomasters and Schepens;
but nothing followed.
Whereas intercession is made for the release from imprisonment of
the prisoner Jacob Eldertsen, the Schout Nicasius de Sille proposes, if the
Magistrates are pleased to grant him, Jacob Eldersen, release from con-
finement, that he shall give security for payment of the expences, which
Bruin Barensen, cooper of Breuckelen, who was severely beaten by the
abovenamed Jacob Eldersen, may have paid to Mighiel Jansen, where he
has long lain on account of the aforesaid wound. But no resolution to
release from confinement is taken by the Court.
This date the following placards are published from the City Hall of
this City, after the usual ringing of the bell, relative to the taxing of or
building on vacant lots.
The Director General and Council of New Netherland seeing and
remarking by daily experience, that the former ordinance and placards
302 Court Minutes of New Amsterdam. [1658
are not observed according to the good tenor thereof, but that notwith-
standing the frequent renewal thereof many spacious and large lots, even
in the best and most convenient part of the City, lie and remain unbuilt
on, and are retained by the possessing owners either for greater profit or
for pleasure, and others are thereby prevented from building for the popu-
lation of the City, the increase of trade and consumption as well as orna-
ment, whereunto many new comers would be encouraged in case they
could get a lot on suitable sites for a reasonable price conformably to the
abovestanding placards: to the neglect if not contempt of which prin-
cipally redound the retaining and keeping of so large and spacious lots
either for profit or pleasure because no pains, penalties nor fines followed
the previously enacted Placards, and the possessing owners are occupying
and keeping the lots many years without any charge, for greater profit, or
using them as orchards and gardens, whereby building and population
are retarded and consequently the increase of trade and consumption and
the prosperity of this City contrary to the City's interest and the meaning
to that effect of the Lords Directors of the Privileged West India Com-
pany, the Lords and Patroons of this Province as first grantors and dis-
tributors of the lots, to build thereon for the ornament, population,
increase of inhabitants, trade, consumption and prosperity of the same ;
as is expressed in the granted Groundbriefs, with additional stipulation
and submission to such burthens as may be enacted by the abovemen-
tioned Lords or their agents.
To acquit themselves of this duty therefore, the Director General
and Council have lately by their sworn surveyor in the presence of the
Burgomasters of this City, taken a new survey of all the vacant lots, whilst
laying out the new streets, and discovered several hundred lots within the
walls of this City on which no buildings whatever were erected.
In order that all these lots may, agreeably to the good intentions of
the Directors aforesaid and conformably with the published placards, be
as soon as possible built on, and the disorders proceeding from the pos-
session of such large and spacious lots for profit or pleasure solely, with-
out any incumbrance may be averted, and that those inclined to build may
be accommodated with lots at a moderate price, the Director General and
Council in amplification of their former Placards, command that all the
vacant lots which were lately surveyed and laid out by the Surveyor of the
1658] Court Minutes of New Amsterdam. 303
Director General and Council be appraised and assessed immediately after
the posting and publication of this Placard, first and foremost by the
owners and possessors themselves, so that they may not have any reasons
afterwards for complaint that such lots have been undervalued; and that
the owners shall, as long as they hold the lots or a lot or keep these with-
out any decent buildings, have to pay for these annually the fifteenth
penny in two instalments, one half on the first of May and the other half
before the Fair in this City — the proceeds to be applied to the fortifica-
tions of this City and their repair. And the Burgomasters are com-
manded and authorized as soon as this placard shall be published to
summon, without delay or respect of persons, all the proprietors of such
lots before them at the City Hall, to make the valuation to be then
recorded by their Secretary in a proper manner. They shall then author-
ize their Treasurer to receive the amount of this tax and in case of refusal
or opposition to fine the obstinate ; to appraise the lots according to their
value and situation, on condition that it shall be left to the option of the pro-
prietors and possessors to retain the lots as valued by the Burgomasters on
payment as stipulated of the I5'^ penny thereof, or otherwise to surrender
them at the valuation to the Burgomasters for the City's benefit. In like
manner it is left to the choice of the Burgomasters to accept for the City
such lots as have been appraised by the proprietors and to convey them at
the same price to other persons who may be ready and inclined to build,
if the owner cannot or will not build in conformity to these placards, or
to leave the lots to the proprietors, until they or others shall construct
buildings thereon when this tax, laid on vacant lots shall cease: And for
the further promotion of population by concentration, prospering, strength-
ening, and improving this City the Director General and Council do fur-
ther order that no houses shall henceforward be erected near the City
walls and gates without the City's jurisdiction, until all the lots within the
City shall have been occupied and proper buildings erected thereupon.
Thus done in the Assembly of the Hon*"!^ Director General and Coun-
cil holden in Fort Amsterdam the 15'!" January 1658. Was Signed,
P: Stuyvesant.
Lower Stood By order of the Hon'''.^ Director General
and Councillors of New Netherland.
C. Van Ruyven, Secre'*
304 Court Minutes of New Amsterdam. [1658
The Director General and Council of N. Netherland are not only-
informed, but have sufificiently ascertained, that some individuals, after
their marriage bans have been three times proclaimed, do not proceed with
the solemnization of their marriages, as they ought to do, but postpone it
from time to time, not only weeks but months, which is directly contrary
to the good order and customs of Fatherland. Being desirous to provide
therefore and to prevent the irregularities and disorders, which may arise
from that source, the Director General and Council do command, that all
persons, who have been published shall, after three proclamations have
been made and no lawful impediments intervening, solemnize their mar-
riage at least within a month after the last publication or to appear in
Court before that time and shew cause for such delay under the penalty
of ten gl. for the first week after the said month shall have elapsed ; and for
each of the following weeks fl. 20. until they shall have explained their
non compliance.
Further no man and woman shall presume to live together as married
people, until they shall have been legally united under pain of forfeiting
100 guilders or as much more or less as may be deemed proper, consider-
ing their station in society, whilst such persons may be fined monthly by
the Officer in conformity with the laws and customs of our Fatherland.
Thus done in the Council of the Hon^l^ Direct' Gen'l and Councillors
holden in Fort Amsterdam in N. Netherland, I5'^ January 1658. Was
signed, P. Stuyvesant.
Lower Stood, By order of the Hon"^ Heer Director
General and Council of New Netherland,
C. Van Ruyven, Sec^
Monday, 21. January 1658: In the City Hall. Present the Heeren
Nicasius de Sille, Paulus Leendersen vander Grift, Allard Anthony, Wil-
helmus Beeckman, Joannes de Peister, Govert Loockermans, Hendrick
Jansen van der Vin.
Hendrick Kip, pltf. v/s Gerrit Hendrickzen, Farmer of Slaughtered
Cattle, deft. Pltf. demands fl. 70, according to obligation against the
deft, exhibited in Court, with costs of suit. Deft, admits the debt and
says, the reason it is not paid is that they verbally spoke with each other
that Wiltkock's wife named Sara Pieter should have fl. 30 and he, pltf.,
1658] Court Minutes of New Amsterdam. 305
fl. 40. The Court condemns deft, to pay pltf. fl. 40 with costs of suit, and
to pay the remaining money to Sara Pieters abovenamed.
Wernaar Wessels, Farmer of the Burghers Excise or wine and beer,
pltf. v/s Jacob Cohn, Jew, deft. Pltf. enters his demand in writing for fraud
committed by the deft. The Schout, ex-officio attorney of the Farmer,
concludes, as Jacob Cohn did not take out any permit, that he be also
condemned in the fine therein enacted. Deft, answering says, that the
case is before the High Council, he therefore refers him to it. Pltf. re-
plies, that he called on him for what relates to the Burgher excise. Deft,
demands copy of both the demands and copy of the article mentioned in
the demand. The Court orders the deft, to be furnished with copy of all.
Wernaar Wessels, farmer of the Burgher excise on beer and wines,
pltf. v/s Jacob Vis and Joannes Withart, defts. Pltf. states that he has
been with Jacob Wolfersen, demanding payment of the brewing; got for
answer that they defts. were brewers, and as he pltf. booked them, defts.,
also as brewers, and they sent out beer without notifying the Farmer or
taking out a permit, also being unwilling to agree with him, the pltf., etc.
having therefore violated the article therein enacted and published, he
demands the fine imposed therefor. Defts. answer, they have nothing to
do with that, as they had agreed with Jacob Wolfersen to keep them harm-
less from all, and also had no knowledge of the matter, and that they
were not brewers, but Jacob Wolferzen. Jacob Wolferzen appearing in
Court is asked, whether he had agreed with the Farmer about the con-
sumption of beer in his family ? Answers, had agreed with the Farmer
for a tun and a half of beer, and that he, the farmer, had forgiven him
the remainder, and he has therefore never applied to nor demanded it of
him. The Schout concludes that the excise must be paid. Deft, exhibits
in Court the return of the Court Messenger Claas van Elslant made by
them defts. to him, pltf. The Court order Jacob Wolfersen as being
brewer to pay the Farmer according to agreement, and not to send out
any more beer without taking a permit from the Farmer.
Jacob Wolferzen, pltf. v/s Mighiel Pauluzen, deft. Deft, in default.
Pltf. demands, that deft, shall fulfill his contract w".'' he exhibits to the
Court.
Claas van Elslandt, the Elder, v/s Raaghel van Thienhoven, deft.
Pltf. demands payment of Church money for a grave in which the deft's
VOL. II— ao
3o6 Court Minutes of New Amsterdam. [1658
Mother* lies, and says that her friends told him, that she had given her
husband the money and he had taken it with him in a pocket hand-
kerchief. Deft, says her husband had given Claas van Elslant money.
Pltf. replies it was given for the burying and other expences, but not for
what was coming to the Church, being willing to confirm that on oath.
Claas van Elslandt appearing in Court is asked, whether he is fully con-
vinced that the Church money is not paid ? Answers, Yes, and knows
it well; offering again to confirm on oath, that he did not receive the
Church fees. The Court orders the heirs to pay the Church dues of the
grave of their dec'? mother.
Abraham de la Noy as Attorney of Roelof Jansen Vonck, pltf. v/s
Lauwerens Cornelisen vander Wei, deft. Pltf. again demands payment
according to obligation of the sum of fl. 394. with interest thereon for
Roelof Jansen Vonck's a/c. Deft, exhibits in Court proof of the payment
of a hhd of leaf tobacco at 5 stiv: the lb amounting to fl. 62: 10. and a
hhd roll tobacco @ 6 stiv per lb., amounting to fl. 60 shipped to Holland
and consigned to Roelof Jansen Vonck. Pltf. says he is not satisfied with
that, as he deft, had no authority thereunto. Deft, answers, that Roeloff
Jansen Vonck had promised him not to leave any procuration and to give
time. Whereupon he is asked, if he have proof thereof ? Answers, no
other than his wife and daughter and it was verbal and thereupon shipped
the foregoing tobacco. Is asked, if he also knew, that Roelof Jansen
Vonck left no procuration ? Answers, No. The Court condemns the
deft., to pay pltf. according to obligation, and that meanwhile the
tobacco shall stand good for payment on condition of giving security for
the truth thereof.
Jan Rutgerzen, pltf. v/s Willem Moer, deft. Pltf. demands payment
of fl. 27. 5 stiv. Deft, says, he was satisfied with wood, and now will not
have it. Admits the debt and offers payment. The Court condemns the
deft, to pay the pltf.
The Schout Nicasius de Sille states, that Jan Rutgersen has taken a
gold ring in pledge from Claas Tysen's Wife to tap on it, and that his wife
has tapped five half quarterns thereupon, violating the placard therein
published, demanding the fine affixed thereon according to placard. Jan
Rutgersen answers, that his wife knew not of it, nor was any thing drank
* Mme. Vis;ne.
1658] Court Minutes of New Amsterdam. 307
on it. The Court condemns Jan Rutgersen to pay the Heer Officer the
fine according to placard.
Mighiel Jansen, pltf. v/s Herman Smeeman, deft. Pl^f. demands
payment of the price of his bouwery, about the sum of fl. 900. in good
pay, which one trader can pass off to the other. Deft, admits the debt;
requests that the bouwery be sold in order, that he, the pltf., may get his
pay, as the bouwery is mortgaged. The Court orders the deft, to pay the
pltf. the sum demanded within one month's time.
Nicolaas de Meyer, pltf. v/s Cornelis Steenwyck and Pieter Jacobsen
Buis, defts. Pltf. in default.
Cornelis Jacobsen Steenwyck and Pieter Jacobsen Buis, pltfs. v/s
Jacob Wolferzen van Couwenhoven, deft. Pltfs. demand by virtue of a
procuration payment of the sum of fl. 643. 19 for a/c of Walewyn vander
Veen, for which the stone house, the mill and the lot are mortgaged.
Deft, admits the debt and offers to pay soon, and to shew today or to-
morrow at farthest, where they, pltfs., will find their pay. Parties are
satisfied therewith. Pltfs. request the Magistrates, to appoint some arbi-
trators to settle some points in question with the deft. The Court orders
Pieter Cornelisen vander Veen and Isaack Greveraa to arrange the points
in question and to reconcile parties.
William Taphagen, pltf. v/s Jan Cees, deft. Parties were referred
to their competent judge.
M^ Isaac Allerton appears in Court prosecuting the attachment of 12
hhds of tobaccco for freight of 12 hogsheads amounting to the sum of fl.
144. The Court declares the attachment valid.
The Court resolves, to request of the Director General and Council
the salary of Burgomasters and Schepens and from what source they shall
be paid.
It is further resolved, to hand to the President a copy of the Remon-
strance in date 9* Novembf 1657.
Dirck van Schelluyne authorized to act in law for the defence of Jacob
Eldersen prisoner, offers to that end a petition from said Jacob to the
Court, requesting discharge from confinement for said Jacob as is more
fully to be seen in the petition. Whereupon is apostilled; The Court de-
cide that Jacob Eldersen shall remain in confinement.
Annetje Gerrit, wife of Hend: Jansen, Smith, requests by petition,
3o8 Court Minutes of New Amsterdam. [1658
that the strip of land lying between her lot and that of Hendrick the
Baker, being 9 @ lo feet front on the street and 7 feet in the rear, may be
granted her and entered on the ground brief. Thereupon is apostilled —
The Burgomasters shall inspect the strip of land.
To the R- Hon".^ Director General and Supreme Council of New Nether-
land.
Right Hon'''." Sirs—
The Burgomasters and Schepens of the City of Amsterdam in N.
Netherland represent respectfully to your Honours, that your Honours
were pleased to appoint them to the government of this City of Amster-
dam, and though your Honors were pleased to allow a yearly salary, to
this date they have neither seen nor received any fruits thereof, at least
the major part of them; and whereas through the large amount of busi-
ness especially the Burgomasters in City and Burgher duties frequently
neglect their own affairs in attending to the Burgher government, and
their proposed salary long since allowed has sunk into forgetfulness, the
above named Magistrates request your Hon", that you would be pleased
to state to them, from what fund they shall receive their pay, in order that
they once seeing the fruits thereof may henceforth perform their duties
with greater zeal and affection. Awaiting herein your Honors favorable
disposition we remain
Your Honours' Servants,
The Burgomasters and Schepens.
In Amsterdam in New Netherland 22"? January 1658.
By order of the Heeren Burgomasters and Schepens.
Joannes Nevius, Secretary.
To the Right Honourable the Director General and Supreme Council,
Right Hon'''.^ Sirs,
The Burgomasters of this City of Amsterdam in N: Netherland
respectfully represent to your Honours the slenderness of their incomes
very well known to your Honours, also the many necessary repairs to the
City works; and as these consume much money and the City Revenue is
inadequate to the prosecution of the abovementioned repairs, the peti-
tioners therefore approach your Honours with humble request, that you
will be pleased to grant them the proceeds of the "Weighscales according to
the praiseworthy custom of our Fatherland, whether in whole or in part.
1658] Court Minutes of New Amsterdam. 309
If your Honours will please to grant it to the City, they shall, according
to the usage of the City of Amsterdam, cause a new scales to be erected
or repair the old and bring it, where your Honours shall please to order
and find it most proper. Hereon awaiting your Honours' favorable
apostille they are and remain Your Honours Servants
The Burgomasters of this City aforesaid.
By order of the Burgomasters of the City aforesaid,
Joannes Nevius, Secre'^.
In Amsterdam in New Netherland the 22. January, 1658.
Wednesday, 23I January, 1658. In the City Hall. Present the
Heeren Nicasius de Sille, Paulus Leendersen vander Grift, Allard An-
thony, Joannes de Peister, Govert Loockermans, Hendrick Jansen van-
der Vin.
The Schout Nicasius de Sille requests in writing as Jacob Eldersen
was placed in confinement for some murderous assault according to evi-
dence and in part confession and has escaped on the 22*^ of this month,
that his goods and effects, which he has in this country may be provision-
ally seized, and he be summoned by bell ringing to appear in person within
8 days and to hear such demand and conclusion as the Schout shall have
to make. The Court approve the demand of the Schout. And whereas
it is Sermon-day, the citation of the person of Jacob Eldersen did not
take place this day.
Thursday, 24'^ January, 1658. In the City Hall. Present the Heeren
Paulus Leendersen van der Grift, Allard Anthony.
The Court having seen the petition dated 15 March 1655 presented
by the residents of the Broinver Straaf^ to the Burgomasters in their
Court, the following disposition is made thereon —
Whereas it is necessary, that the Bromver Straat be laid with paving
stones, the Burgomasters have in that regard constituted and appointed
Isaaq de Foreest and Jieronimus Ebbingh to contract this winter in pres-
ence of the presiding Burgomaster for the paving stones in order to begin
in the Spring, and after the completion of the work to assess each house
in the street, and to this end the following authority is given them.
* Now Stone, West of Broad Str.
3IO Court Minutes of New Amsterdam. [1658
AUTHORITY.
Whereas the inhabitants of Brewer Street have by petition dated 15*
March to the Burgomasters, requested, as the Brewer Street has been for
some time impassable and they the petit"" are disposed to pave the said
street with cobblestones, also offer to do it as an ornament and for the use
of the City, which as necessity requires it and the Burgomasters of the
abovenamed City so considering, and according to apostille to the afore-
said petition in date as above resolve to make a beginning with the same,
and that it may be executed with greater diligence and unanimity, their
Worships have deemed it necessary to appoint overseers and administra-
tors thereunto: Therefore their Worships hereby appoint and authorize
Isaack de Foreest and Jieronimus Ebbingh, who in presence of the pre-
siding Burgomaster are to contract on the first opportunity this winter for
the stones most serviceable for that work, so as to make a beginning in
the spring, and in the presence of the presiding Burgomaster they are
authorized after the completion of the work to assess proportionably for
the expence incurred therein each house standing in the aforesaid street.
Thus done and resolved in the Court of the Heeren Burgomasters of the
abovenamed City the 24* January 165S.
By order of the Heeren abovenamed,
Joannes Nevius, Secre'^.
Whereas yesterday was exhibited to the Court the Apostille to the
petition from the Burgomasters and Schepens presented to Director Gen-
eral and Council, in the terms following.
Apostille. Petitioners are referred to the Apostille granted to their
petition in date 28'^ January 1654. Done in the Assembly of the Director
General and Council holden in fort Amsterdam in N: Netherland the 22'!
January, A° 1658.
Under Stood,
By Order of the Hon^'.'' Director General and Council aforesaid.
C. Van Ruyven, Secretary.
On which Apostille the Court resolves to present the following petition
to the Hon^l^ Director General and Council requesting further explanation
of the aforesaid Apostille: —
1658] Court Minutes of New Amsterdam. 311
To the Right Honourable Director General and Supreme Council of N.
Netherland.
Rf Hon*^.'^ Sirs,
The Burgomasters and Schepens of the City of Amsterdam in N.
Netherland, remonstrate with all submission as Your Hon'."" were ])leased
to mark in the margin of the petition dated 22"! January of this year —
Petitioners are referred to the apostille granted to their petition dated
28'!' January 1654 — and as they, petitioners, have seen the Apostille A°
1654, wherein they were told to draw and receive their honorariinii from
the revenue of this City, and as this is very slender and inadequate to the
expenses which the City daily requires, they respectfully request Your
Honours, that you will be pleased to afford them further declaration
thereon; which doing, we remain
Your Honours Servants,
The Burgomasters and Schepens.
By order of the Burgomasters and Schepens,
Joannes Nevius Secrety.
In Amsterdam in New Netherland the 24*.'' January, 1658.
And whereas the contract written by the late Secretary Timotheus
Gabry is lost, which w^as made between the Burgomasters and the Orphan
Masters regarding the house and lot of the children of Jacob Loper dec*?
standing in the Ileer-Grag/it, * the Burgomasters therefore resolved to
order an attestation of said contract and to write a letter to the late Sec-
retary. The order of the certificate is deferred.
The letter reads as follows: —
To Sieur Timotheus Gabry.
A° 1658, ady 25* Jan^ in Amsterdam in N. Netherland.
Worthy, discreet and good friend — Health.
These serve to let you know, that the Burgomasters of this City have
caused me their Secretary to search for the contract made with the Orphan
Masters of this City and written by you, for the house and lot of the
children left by N. Loper dec^ which stands by the Heer Graght next the
house and lot of Joghim Pietersen Cuiter, dec^; and as the abovenamed
Heeren require the aforesaid contract and find it not either among the
papers in the City Hall nor lying with the Secretary, neither is it regis-
* Now East side of Broad Str.— B. F.
312 Court Minutes of New Amsterdam. [1658
tered, which appears to their W: very strange they, therefore, request
you, whether the aforesaid contract happens to be unexpectedly among
your papers, to send it over by the earliest opportunity, or if it be not
among your papers to advise us where to the best of your recollection it
may be, as it is of much importance. Whereupon relying we commend
you with friends generally to the merciful protection of the Almighty.
Your obed' friend,
Joannes Nevius.
By order of the Heeren Burgomasters and Schepens.
The superscription is, Hon'''.'^ discreet, Sieur Timotheus de Gabry
residing in the South River.
On the 25*?' January 1658 is received the Apostille to the petition of
the Burgomasters dated 22"? January 1658 regarding the having some of
the proceeds of the Weighscales. The Apostille reads as follows: —
The Director General and Council cannot condescend to grant the
aforesaid petition without the advice of the Lords Directors, because the
Weighscales is a domain or regalia exclusively depending from the right
of Patroonship. Meanwhile we are compelled to remark with surprize, as
regards the above and other like petitions — what may answer for apostille
— that it is the practice in our Fatherland, as well in Cities as in Villages,
for whose advantage or ornament any public buildings are constructed,
that the means to effect these are solicited and obtained from the citizens
and inhabitants, for whose benefit such constructed works are intended
without curtailing the general revenues, as the Burgomasters and Schepens
have from time to time endeavored to do, contrary to the advices and
remonstrances both of the Directors and of the Director General and
Council, and as they still aim at by petitioning for the grant of some of
the domains of the Company or some other new taxes, which have rather
a tendency to fall heavily on others besides themselves or on the Burghers
and inhabitants of this City; to consent to which would expose the Direc-
tor General and Council to censure.
What further regards that same point, that many repairs are required
for the City walls etc.
Although the Director General and Council fully apprehend, that the
construction of some public works may be necessary and others require
repair, and that all this cannot be effected without money; yet the Direc-
1658] Court Minutes of New Amsterdam. 313
tor General and Council find themselves compelled, with great regret and
anxiety to say that the revenues, with which the City has been already
favored have not always been administered as prudently as this could and
•ought to have been done. Passing by the occurrences during the years
1652 and 1653, regarding the granted tavernkeepers excise, we shall (;nly
say, that since that period there have been granted to Burgomasters and
Schepens —
First, an assessment on all Burghers and inhabitants, Scots,
merchants and factors, amounting according to the entries to
about fl. 6000.
and that for the discharge of the debts incurred in the last
attack by the Indians. Whether it was employed for that purpose
is referred to the knowledge of the Burgomasters and Schepens
themselves.
Secondly they were allowed a moderate Burgher excise on
wines and beer consumed, farmed last year for the sum of 4200.
This year for 3700.
Thirdly a moderate duty on slaughtered cattle farmed last
year for 720.
This year for i457-
Fourthly, they were allowed a tapsters license similar to a
workhouse permit, at one pound Flemish per quarter from each
tapster.
Fifthly, the stamping of all measures, cans, barrels and
weights.
Sixthly, the Director General and Council have granted and
conveyed to the Burgomasters the unconceded lots within this
City's walls.
Seventhly, the Great and Small Burgher-right. What these
four last amount to is unknown to the Director General and
Council, as no a/c thereof has been rendered to them to this
date.
Eighthly, the Director General and Council have advanced
to Burgomasters and Schepens by way of a loan to the repair of
the Canal {Burghwal ) 1000.
and have seen no proper a/c either of one or the other.
314 Court Minutes of New Amsterdam. [165S
Again Burgomasters were allowed for once, lately, one beaver from
each house within this City.
And one guilder yearly from each chimney.
After this a necessary tax was imposed on vacant lots, to wit, the 15')*
penny, which last revenue ought exclusively belong to the Patroon or their
Director General and Council according to the ground briefs or patents.
Nevtrtheless, in consideration of the lowness of the City Treasury, and in
hope of good administration it was granted to Burgomasters. These
though some are small, will when added together amount to a respectable
sum.
However that the City may be at once relieved of the old and new
debts, the Director General and Council consent, but on approval and
ratification by the Lords Directors and not otherwise, that hereafter a just
fourth part of the Scales shall be paid to the City Treasurer or Receiver,
provided that always a proper a/c and reliqua thereof and of what is
further granted and still to be allowed, shall be rendered; and that Burgo-
masters shall hereafter, should additional revenue be considered requisite
for the City's purposes, provide and demand supplies, which regard not
the general government, but the commonalty of this City. Thus done
in the Assembly of the Hon^'.'' Director General and Council holden in
Fort Amsterdam in New Netherland the 25'.'' January 1658.
Under Stood By order of the Hon''!^ Director
General and Councillors of N. Netherland.
C. van Ruiven, Secret^.
Monday, 28'^ January 1658. In the City Hall. Present the Heeren
Nicasius de Sille, Paulus Leendersen vander Grift, Allard Anthony, Wil-
helmus Beekman, Joannes de Peister, Govert Loockermans, Hendrick
Jansen vander Vin.
Nicasius de Sille first High Councillor and Fiscal of N. Netherland
and Acting Schout of the City of Amsterdam delivers in Court, besides an
Ordinance and resolution on the fees of Secretaries, Notaries and clerks
and such like functionaries, a letter from the Director-general and
Council which reads as follows
Hon".'' beloved, particular, —
This serves only as envelope for our accompanying Ordinance and
:658] Court Minutes of New Amsterdam.
315
Resolve on the fees of Secretaries, Notaries, Clerks and such like officials;
which our Ordinance your Worships will publish, and also cause the afore-
said officials to obey it according to its tenor before your Worshijjful
Bench.
Further we have about this time of the nomination and election of
new Magistrates of this City, taken into serious consideration and reflec-
tion, the small number of the Great Burghers and the consequent trifling
change of persons fit therefor; for these and other reasons us moving, we
have found it advantageous and necessary for this City, to increase the
aforesaid number of Great Burghers, and to reinforce it with six old and
suitable persons, to wit
Isaacq de Foreest,
Fredrick Lubbersen,
Borger Joris,
Nicolaes Verlett,
Jeronimus Ebbingh,
Pieter Cornelissen Vander Veen.
On whom we hereby confer and grant the Great Burgher Right. Where-
with ending we shall after cordial salutation, commend you to God's
protection and Remain
Your Honours' Affectionate Friends,
The Director General and Council of N. Netherland.
Under Stood By Order of the same.
C. Van Ruiven, Secret'^.
Fort Amsterdam, the 28"" January 1658.
The Superscription was, Hon^'." Beloved, Particular, Schout, Burgomasters
and Schepens of the City of Amsterdam in N. Netherland.
And the above written persons are approved by Burgomasters and
Schepens.
Burgomasters and Schepens also approve a certain letter from the
Schout Nicasius de Sille to the Commander Aldrix in the Southriver in
the Colonic Amstel regarding the arresting and not alienating of the goods
of Jacob Eldersen, a fugitive from the public prison.
Whereas Director General and Council of N: Netherland have suffi-
cient evidence by their own experience in certain bills of costs exhibited
before them, as by remonstrances and complaints of others presented to
3i6 Court Minutes of New Amsterdam. [1658
them, of the exactions by some Scriveners, Notaries, Clerks and other
licensed persons by demanding and collecting excessively large fees and
money for writing from contending parties almost for all sorts of instru-
ments, to the manifest, yea, insufferable expence of judgments and judi-
cial costs, some led by covetousness and avarice so far that they are
ashamed to make a bill of or specify the fees demanded, but ask, if not
extort it from parties in gross. Therefore the Director General and
Council wishing to provide for the better and more easy administration of
justice, hereby ordain, enact and command:
That no person shall henceforward presume to draw up or write any
public instruments, unless he be qualified or licensed thereunto as Secre-
tary, Notary or Clerk by the Director General and Council, which qualified
or licensed person shall be bound to be satisfied with such fees as are fixed
by the Director General and Council therefor and renew every year on
the 5* February the established oath to submit themselves unconditionally
to the Ordinances enacted, or to be according as occasion requires,
enacted, regarding Secretaries, Notaries and Clerks and such like offices,
and to obey them in manner as follows: —
Firstly, all Secretaries, Notaries and Clerks or such officials shall
keep a regular Record or Journal, in which if necessary or required can.
immediately be seen what is transacted before them, and for what they
make a demand of such fees and render an a/c.
Secondly, No Secretary, Notary, Clerk or such like official shall ask
money in hand from any person or take or receive any presents, nor com-
pound nor agree with any one about fees or engrossing money to be
earned, as such compounding and previous bargaining before final judg-
ment may prove detrimental to the losing party in case he be condemned
in the costs and mises of justice; but the aforesaid officials or such shall
have themselves paid for the executed instrument according to this
Ordinance, or at the termination of the suit by rendering a pertinent bill
or specification of what they have written, drawn out, done or copied
without entering in such bill or specification in gross any extra costs, and
all this according to the fees fixed therefor, without demanding or exact-
ing from their principals any thing else or more, under penalty of their
office and fifty guilders fine on those, who shall be found acting contrary
hereunto.
1658] Court Minutes of New Amsterdam.
Z^7
Thirdly, the Secretary, Notary, Clerk or official shall sign with his
own hand and when required seal with his signet all instruments executed
before him, on condition of receiving six stivers for his seal in addition to
his established fee.
Fourthly, the Secretaries, Notaries, Clerks and similar officials are
bound, when required, to give acquittance or receipt for the earned and
paid fee, that the same may be used as need be.
Finally and lastly, all Secretaries, Notaries and Clerks shall be bound
to serve the poor and indigent who demand it as an alms. Gratis and for
God's sake; and may ask and take from the wealthy the following fees: —
For a plain petition written on one side of the paper 18 stivers, and if
the petitioner will have it booked or registered for the copy 12 stivers.
For a plain demand as above, 18 stivers.
For an answer, reply or rejoinder engrossing two guilders; copying
24 stivers; but should the answer, reply, rejoinder, demand or petition
require more writing than one half sheet of paper, for each page of 25 to
30 lines with each line of 30 to 36 letters, 30 stivers.
For a deduction; for each page of 26 to 30 lines with 30 @ 36 letters
in the line, 2 guilders.
For a petition in appeal to be presented to the Director General and
Council two guilders ten stivers.
For a petition of revision, reformation, reduction, rehearing, purging,
complaint, pardon or grant of land, to be presented to the Director
General and Council two guilders 10 stivers; if it exceed the second or
third page, 24 stivers per page, lines and letters as above.
For a petition as before, to some inferior Court 36 @ 40 stiv" or 20
stiv" per page, lines and letters as before.
For a judgment 30 stivers.
For extracts from their books 20 stiv" per page, lines and letters as
before.
For a contract, obligation, assignment, declaration, lease or deed 30
stivers; for the copy 20 stivers.
For a verbal consultation, the matter being to be brought before the
Director General and Council 20 stivers, on condition the Notary is
bound to enter the time and matter whereon, in his journal.
For an inventory of documents to be delivered by parties, 15 stivers.
3i8 Court Minutes of New Amsterdam. [1658
For drawing up an interrogatory and entering the queries lo stivers
per page; provided 7 @ 8 interrogatories are on one page; for entering
the answers on the opposite side also 10 stivers.
For a days journey with or without their principals, when required,
four guilders, in addition to conveyance and board; but going with their
principals when requested, within the City, village or place, 20 stivers.
For one attendance at Court, in the absence of, or with, their princi-
pals 15 stivers; neglecting it they shall repair the defaults and damage
thereof.
No drinking treats, nor any other extraordinary presents, gifts or
douceurs shall be entered in any bill, nor demanded nor asked by the
Secretaries, Notaries, Clerks or similar officials; and these preceding
articles shall be published, affixed and observed not only within all places
within this N. Netherland Province where men are accustomed to make
publication, but shall be privately read by the Fiscal, Schout and other
subaltern Magistrates to the Secretaries, Notaries, Clerks and such like,
both now and on the 5* February of every year, not being Sunday, in their
respective Boards, and take an oath from them, that they will strictly
regulate themselves accordingly, and in case of refusal deprive them of
their office and place, expressly forbidding them directly or indirectly to
write any instruments for any person, under a penalty of fifty guilders for
the first, twice as much for the second time, and for the third offence to
be arbitrarily punished at the discretion of the Judge. Thus done at the
Assembly of the Hon'''."" Director General and Council holden in Fort Am-
sterdam in N. Netherland the 25'!" January A° 1658.
Was undersigned
P. Stuyvesant.
Lower Stood, By order of the Hon"^ Director
General and Council of N. Netherland.
C. van Ruiven, Secret^
Whereas Jacob Eldersen, brewer's man, w^as imprisoned two several
times for committed offence and was discharged on bail the first time, and
has now absconded for the second, all burghers and inhabitants of this
City are, therefore, ordered not to harbour nor hide him, but to immedi-
ately surrender him, under the penalty previously enacted therein; and
Jacob Eldersen is moreover summoned, for the first time, to come within
1658] Court Minutes of New Amsterdam. 319
eight days to this City Hall there to hear all such demand and conclusion
as the Schout shall have to make, in default whereof he shall be i)roceeded
against by the Schout to final judgment. Thus done and published
together with the foregoing resolution and Ordinance of the l'"ees, after
the customary ringing of the bell of the City Hall of this City Amsterdam
in N: Netherland the 28. January 1658.
Ey order of the Schout Burgomasters and Schepens of the City afore-
said. Joannes Nevius, Secret^
The 3o'^ January being Wednesday. In the City Hall. Present the
Heeren Paulus Leendersen Vander Grift, Allard Anthony, Joannes de
Peister, Govert Loockermans, Hendrick Jansen vander Vin.
Agreeably to the arrangement of last Monday eight days, the Burgo-
masters and Schepens exhibit in Court in writing, each his Nomination of
succeeding Burgomasters and Schepens.
The votes being collected are found
For Biet'gomasfer
Olof Stevensen Cortlandt 6
Wilhelmus Beeckman 6
For ScJiepcns
Pieter Wolfertsen van Couwenhoven 6
Cornells Jacobsen Steenwyck 6
Jacob Kip 5
Jan Vigne 6
Pieter Cornelisen van der Veen 5
Joannes Montague i
Hendrick van Dyck 2
J acob Strycker 4
Hendrick Kip 3
Isaack de Foreest 6
Pieter Rudolfus 3
Frerick Lubbersen 2
And whereas the votes for an eighth Schepen stick, it is de >iovo asked who
is to be put in Nomination ?
Pieter Rudolfus is by plurality of votes nominated
320 Court Minutes of New Amsterdam. [165S
The following are put in Nomination by Plurality of Votes: —
For Burgomaster
Olof Stevensen Cortlant,
Wilhelmus Beeckman.
For Schepens
Pieter Wolfersen van Couwenhoven,
Cornells Jacobs Steenwyck,
Jan Vinge,
Isaack de Foreest,
Jacob Kip,
Pieter Cornelisen van der Veen,
Jacob Strycker,
Pieter Rudolfus.
Hon".^ Valiant Sirs—
Whereas your Hon" were pleased to favor the Schout, Burgomasters
and Schepens of this City of Amsterdam in N: Netherland with the nomi-
nation of the succeeding Burgomaster and Schepens, and the time of
election is at hand, the above named Schout, Burgomasters and Schepens
do therefore present by nomination the following persons to your Honors.
For Burgo^naster
Olof Stevenzen Cortlandt,
Wilhelmus Beeckman.
For Schepens
Pieter Wolfersen van Couwenhoven.
Cornelis Jacobsen Steenwyck,
Jan Vigne,
Isaack de Foreest,
Jacob Kip,
Pieter Cornelissen vander Veen,
Jacob Strycker,
Pieter Rudolfus.
Requesting your Hon^ to elect therefrom those, who are the most com-
petent, the most intelligent and fittest for the service and advancement of
the City and dwellers within its jurisdiction. Done 31'.' January 1658 in
the City Hall at the Court of Schout, Burgomasters and Schepens of the
City of Amsterdam in N. Netherland in presence of Pieter Tonneman^
1658] Court Minutes of New Amsterdam. 321
High Councillor of New Netherland and Deputy of the R! Hon''!"" Director
General and Supreme Council of N. Netherland.
By order of the Schout, Burgomasters and
Schepensof the City aforesaid;
Signed, Joannes Nevius^ Secret?'
To the R- Hon'''.^ Director General and Councillors of N. Netherland.
This day received the Director General and Council's Apostille to the
Burgomasters and Schepens' petition delivered in to the Director General
and Council in date 24 January last; and it reads as follows: —
The Director General and Council consider the apostille rendered to
be sufficiently plain, and no further explanation to be necessary; never-
theless the petitioners requesting further declaration, and maintaining that
the City's revenues are small and are inadequate to the expences the City
daily incurs, though neither the necessity, nor the correct receipts and
administration have been as yet exhibited to the Director and Council,
yet by way of advice and apostille it may serve, (should matters be as the
petitioners represent), that they consider on some means of subsidies, pur-
suant to our last apostille dated 25* instant, from which the old and newly
contracted City's debts being first satisfied and paid, the further necessary
City works and expences may be provided for, and consequently the
Honorarium of Burgomasters and Schepens met; meanwhile the petition-
ers have to acquiesce and to follow their predecessors' written petition
and the apostille granted thereon in date 25'^ January 1656. Thus done
in Fort Amsterdam in N: Netherland the 2<f^ January 1658.
Was undersigned P: Stuyvesant.
Lower stood. By order of the Hon*".* Director
General and Council of N. Netherland.
C. van Ruiven, Sec^
Thursday 31. January 1658; In the City Hall. Present the Heeren
Nicasius de Sille, Paulus Leendersen vander Grift, Allard Anthony, Joan-
nes de Peister, Hendrick Jansen Vander Vin.
The letter dated the 3o'^ January 1658, nominating the succeeding
Burgomaster and Schepens is returned through the Schout Nicasius de
Sille from the Hon*"'.^ Director General and Council, with the following
enclosure: —
VOL. II. — ai
322 Court Minutes of New Amsterdam. [1658
Though the Director General and Council of N. Netherland make
no exception to the abovementioned nominated persons, but are well
pleased with them, yet they cannot approve or consent to the nomination,
because it was not made in presence of the Schout who is, according
to the Instruction of the Hon^'* Lords Directors, head of the bench,
moderator and collector of the votes and who has a double voice in case
of equality of votes — nor in accordance with the Director General and
Councils Order and apostille dated i8"' January 1656, by which the nomi-
nation is left to the Bench, on condition that the nomination shall take
place in presence of the Deputy to the Director General and Council, if
it please these; They should have, therefore, notified the Director General
and Council before the time of the nomination, and requested his Hon!
or another to assist at the nomination according to the concession. The
letter or exhibit of the nomination, also, is not signed as it ought to be, in
the name of Schout, Burgomasters and Schepens as the approved Instruc-
tion implies. The Director General and Council therefore cannot approve
the nomination made, much less proceed to the election, until the manner
and form required at the nomination be observed and respected. Done
in the Court of the Director General and Council of New Netherland,
holden in the Fort Amsterdam the last of January, A° 1658.
Under Stood By order of the Hon^l"" Director
General and Council of N: Netherland.
C. van Ruiven, Secre'.''
The Court having seen the reasons, why the Director General and
Council have not been pleased to accept the Burgomasters and Schepens'
nomination of their successors, as such was not made, according to In-
struction, in presence of the Schout and was also in absence of one of the
Deputies, therefore the Schout being with the Heer Pieter Tonneman,
High Councillor, in Court, concludes that the nomination be made de novo.
Whereunto Burgomasters and Schepens answer, they cannot make any
other nomination persisting in their previous nomination principally as
the Board is not complete.
The Schout replies as the Board is not complete and nothing can be
done before Lady-day, he refers it to the opinion of the Director General
and Council. Thus done in the Court of Schout, Burgomasters and
Schepens in the City Hall in presence of the Heer Peter Tonneman High
1658] Court Minutes of New Amsterdam. 323
Councillor and Deputy of the Heer Director General and Council of N.
Netherland the ^i^-^ January 165S.
The Court concluded to hand de novo to the Direct^ General and
Council the enclosure of the preceding letter of nomination with the ex-
hibit by order of Schout Burgomasters and Schepens hereinbefore written
according to the tenor and changing thereof, and the same was placed in
the hands of Secretary Cornelis van Ruyven on the first February 1658,
at the office of the Secretary of Director General and Council.
Friday, the First of Feb7 1658. In the City Hall. Present the
Heeren Nicasius de Sille, Paulus Leendersen vander Grift, Allard An-
thony, Joannes de Peyster, Covert Loockermans, Hendrick Jansen
Vander Vin.
The Heer Assessor Pieter Tonneman and Secretary van Ruiven appear
in Court delivering in to it an extract from the Register of Resolutions of
the Honble Director General and Council of N. Netherland, and reads as
follows : —
Extract from the Register of Resolutions of the Hon'''.^ Director Gen-
eral and Council of New Netherland adopted in their Hon*"'.' Assembly,
on Friday first February 1658.
The Director General and Council approve of the nomination in
manner and form as it is signed, for this time, and therefore shall in due
season elect some from it, whom they hope will be fit. But as the
Director General and Council were verbally informed and acquainted by
their Deputy, that Burgomasters and Schepens roundly asserted, that
none of the Company's servants should be nominated these are hereby
required promptly to state why not, if they possess as much fitness as
others, the rather as such is directly contrary to the order observed in our
Fatherland, that those in the service of Companies, yea in public service
are also employed in City's service; By such course is specially nullified
and opposed the favor of the Director General and Council of the Great
Burgher right, which implies that all such and only such (provided that
in conformity to the Instruction they are supporters and professors of
the Reformed Religion) can be promoted to the Citys service and be
consequently nominated. Further seriously demanding and ordering in
the first place, so that the jealousy may be removed should any of the
324 Court Minutes of New Amsterdam. [1658
Burgomasters and Schepens have conceived any rancour against the Com-
pany and their servants, that they couch their accusations against them in
writing, and deliver them to our present Deputies Pieter Tonneman and
Secretary van Ruiven, in order that those accused of any fault may legally
defend themselves, and those found guilty be corrected. Whereunto the
Director General and Council await. In case of refusal Director
General and Council hold themselves and their principals guiltless of
any clandestine calumnies or stories, which may be circulated behind
their backs. Done Fort Amsterdam in N. Netherland. Ady as above.
Was signed, P. Stuyvesant.
Lower Stood: Agrees with the aforesaid Resolution,
C. van Ruiven, Secretary.
The Assessor Pieter Tonneman and Secretary van Ruiven are hereby
appointed to hand the above extract to the Burgomasters and Schepens,
to request their answer, and to render to the Director General and Coun-
cil due return of what may occur to them. Done Fort Amsterdam in N.
Netherland. Ady first February A° 1658. Was signed,
P: Stuivesant.
On which writing. Secretary Cornelis van Ruiven states these to be
what the Director General and Council wish to know; saying as some
conversation took place at the last meeting as to putting the Company's
servants in nomination, what reasons had the Burgomasters and Schepens
for not allowing the Company's servants to be nominated ? To which the
Court answered, that such occurred in the way of conversation from one
of the members after the Bench adjourned, but there never was any debate
upon it, and that the Burgomasters and Schepens have no objections
against the Company's Servants; which abovementioned writing is deliv-
ered to the Deputies of the Director General and Council and reads as
follows: —
Extract from the Resolution of Burgomasters and Schepens of this
City of Amsterdam in N: Netherland.
Friday first Feb?": 1658.
Burgomasters and Schepens make answer to the Resolution of the
Director General and Council sent this day to them, that they did not say
as a body {collegialiter)^ that none of the Company's servants should hold
office under the City, and if one of the Board should have said so, that it
1658] Court Minutes of New Amsterdam. 325
is a private affair not concerning the Bench. Yet it cannot be taken ill,
for the servants in office under the Company have occupation enough and
could not attend to the City's affairs. They further add that they have
nothing to say regarding the unfitness or incapacity of the servants of the
Hon''.'*' Company. Agrees with the aforesaid Resolution.
Was subscribed, Joannes Nevius, Secret*;
Extract from the Resolutions of the Hon'''.'' Director General and
Council of N. Netherland adopted in their Meeting on Saturday, 2"."' Feb-
ruary, 1658.
Whereas according to the privilege of this City some of its Magis-
trates, who have served out their time yearly retire, and others are chosen
by the Director General and Council of N. Netherland in their stead;
Therefore, the Director General and Council aforesaid, after invoking
God's holy name, have, from the nomination made, elected and confirmed,
as they hereby do, for the ensuing year, the Heer Paulus Leendersen
vander Grift as old Burgomaster; Olof Stevensen van Cortlandt, Burgo-
master, Joannes de Peister, Presiding Schepen, Pieter Wolfersen van
Couwenhoven, Jacob Strycker, Cornelis Steenwyck, Isaack de Foreest,
Schepens, who are presented to the Commonalty that they be esteemed
and respected as it behooves. Done Amsterdam in N. Netherland: Ady
as above.
Agrees with the aforesaid Resolution,
C. van Ruyven, Secret?'
Monday, 11'.'' February, 1658. In the City Hall. Present the Heeren
Nicasius de Sille, Paulus Leendersen vander Grift, Olof Stevensen van
Cortlandt, Joannes de Peister, Pieter Wolfersen van Couwenhoven, Jacob
Strycker, Cornelis Steenwyck, Isaack de Foreest.
The Schout Nicasius de Sille, pltf. v/s Colombe and Jan Rutgersen,
defts. The Schout states, that the deft. Colombe beat Jan Rutgersen
with a thorn stick, so that the blood followed, according to the petition of
Jan Rutgersen exhibited in Court. Therefore demands the sum of fl. 70.
for smart, pain and surgeons fees; and accordingly he the Schout demands
from deft. Colombe the fine pursuant to the eleventh chapter of Roseboom
last paragraph, with costs herein incurred and yet to accrue. Deft,
answers, that he has agreed with Jan Rutgersen and that he paid accord-
326 Court Minutes of New Amsterdam. [1658
ing to judgment. Deft, is asked why he struck him ? Answers because
Jan Rutgersen said, You French bugger — and thereupon struck him at
the shore. Deft. Colombe is further asked, why he did not prove it pur-
suant to the order dated I5'^ Octobr 1657 ? Answers, that the man said,
we are friends; let us settle and that Gysbert op Dyck then said he brought
him the money that all was dead and nought. Gysbert op Dyck appears
in Court; is asked if he, Colombe had brought money ? Answers, Yes.
Is further asked if he told Colombe that all was dead and nought ? An-
swers, No. The Court condemns the deft. Colombe to pay to the officer
as a fine the sum of fl. 25. to be applied as is proper, and to Jan Rutger-
sen the sum of 10 guilders for smart, pain and Surgeons Wages.
Mr Jacob Hendrickzen Varrevanger, pltf. v/s Joost Teunizen, baker,
deft. Pltf. says, he bought from Joost the baker the house, in which
deft, lives, and as he has not given him a deed of it, he is not obliged to
bear any charges coming on it, such as grading; thatched roof; also the
expence of paving the street. Deft, exhibits in Court the deed of sale
and after agreement annexed thereto, wherein it is mentioned that the
seller must deliver a deed to the buyer in the last of April, when also pay-
ment of the house must be made; also exhibits over and above a lease of
said house hired to him for one year. Pltf. replies, he is not bound to
incur the expence of the roof. Whereunto deft, answers, he is not bound
to bear them, as he regulates himself according to the deed of sale and
after contract. The Court having heard parties, and having examined
the deed of sale and after contract, also the lease, decree that the buyer is
bound to bear the expences, which may be incurred on the house.
The Schepen Cornelis Steenwyck and Pieter Jacobsen Buys, pltfs. v/s
Jacob Wolfersen van Couwenhoven, deft. Whereas Jacob Wolfersen has
failed to point out (according to promise dated 21. January), where they
shall get their pay amounting to the sum of fl. 643: 19., pltfs. demand,
that the mortgage be sold by execution, that they may get their monies.
Deft, demands copy of the declaration to answer thereunto in writing on
next Monday. Whereupon he is asked, if he has objections to any of the
items ? Answers, if he had no objections he should ask no copy. The
Court order copy to be furnished to party to answer thereunto on the next
Court day on pain of being deprived of further right,
Nicolaes de Meyer, pltf. v/s Jacob Wolferzen van Couwenhoven,
1658] Court Minutes of New Amsterdam. 327
deft. Whereas he, pltf., has bought the stone house, in which he lives,
also the mill and lot from the deft. Jacob Wolfersen and paid for them
according to two several receipts exhibited to the Court, and as the stone
house, mill and lot stand mortgaged to the attornies of Wallewyn vander
Veen for payment of fl. 3543: 19 stiv., the pltf. demands in writing, that
the aforesaid mortgage be erased from the Register. Jacob van Couwen-
hoven appearing in Court is asked, if the house be conveyed to the pltf.
and if he be paid by him ? Answers, Yes. The Court order, that the
mortgage be annulled by Walewyn vander Veens agents, as it appears that
the same is paid according to receipts exhibited in Court.
Beletje Jacobs pltf. v/s Mattheus de Vos, Jacob Teunisen, Frerick
de Drayer and Jan Eversen Bout, defts. Pltf. says, she sold a lot to
Frerick de Drayer and he will have it deliver'! to him at thirteen inches
to the foot. The Court enquires of her for the contract and who wrote
it ? To which she answers. Notary de Vos, who exhibits the contract to
the Court. Deft, says it was sold at 13 inches to the foot, taking as evi-
dence Jacob Teunisen and Jan Eversen Bout ; Whereupon Jan Eversen
Bout is asked, what he knows of the matter ? Answers that thirteen
inches were mentioned, but not written and he signed the conditions as
written. Jacob Teunisen is asked what knowledge he has of the case ?
Answers that thirteen inches were mentioned. The Court orders the
pltf. to deliver the lot to deft, according to contract.
Hendrick Willemsen, baker, pltf. v/s Joost Teunisen, baker, deft.
Pltf. says he bought a house of deft, and requests that the ground be
measured; and he caused deft, to be notified through Eslandt to have
the ground measured, but he would not. Deft, answers, that he has
given a deed of it, and if he will have the ground measured, that he may
do it, as he will not measure other people's land. Pltf. exhibits in Court
an award of arbitrators dated 3'? May 1657 made by Sieurs Abraham
Nickels and Pieter Cornelissen vander Veen, and written by the Notary
Dirck van Schelluyne. The Court decree, if Hendrick Willemsen will
have the ground measured, that he may do so, if he please.
Hendrick Willemsen Baker appears in Court, and says that he had some
grain at the New Town^ mill in the Indian war; also Joost Teunisen
baker; and that the English had taken from Joost the baker a sack of
* On Long Island. — B. F.
328 Court Minutes of New Amsterdam. [1658
grain and consumed it, and that Joost de Baker took one of his sacks with
flour and spilled it into his sacks; being willing to confirm the same by-
evidence. The Schout ex officio demands a view of the affidavits. The
Court orders Hendrick Willemsen Baker to prove it at the next Court
day.
Jacob Wolfersen van Couwenhoven, pltf. v/s Ragel van Tienhoven,
deft. Deft, in default.
Tryntje van Campen, pltf. v/s Pieter Jansen, deft. The deft, in
default.
Tryntje van Campen, pltf. v/s Cornells Hendrikzen, deft. Pltf. de-
mands payment of fl. 50 from deft, as appears by obligation exhibited
in Court. Deft, says, he has it not, and that pltf. must have patience
until summer; admits the debt, and that he has paid some of it. The
Court orders deft, to pay pltf. according to obligation, deducting what
has been paid on it.
Adriaan Keiser requests by petition, inasmuch as the Court on the
8'.'' Octob' 1657 ordered provisional sequestration of fl. 1200. in good mer-
chantable tobacco, in the suit between the Notary Dirck van Schelluyne
as attorney of Jan Gillisen and the petitioner and as the suit has remained
rested to this time, that the Magistrates be pleased to appoint 2 @ 3 arbi-
trators to examine the proofs on both sides and to report to the Court, or
to authorize them as umpires to whose decision the petit- promises to
submit and to pay the award and whatever may still remain due, as peti-
tionr as far as he is concerned would willingly see the case terminated.
Whereupon is apostilled — The Court orders copy to be furnished to party,
to answer thereunto at the next Court day.
Nicolaas Velthuysen appears in Court and complains that Saartje
Sandels goes censuring him, saying, that he had at home an order from
the Court to leave the country with his wife and children; which Saartje
denies in Court. Whereupon Merritje Jurriaans, being requested as wit-
ness by Nicolaas Velthuysen, declares in Court, that Saartje abovenamed
told her, he Nicolaas Velthuyzen had an order at home to depart. The
Court therefore reprimanded the abovenamed Saartje Sandels and order
that she keep her mouth shut — and on the judgment of the Court not to
go snapping and cackling — which she promises to observe.
Nicolaes Velthuysen requests by petition a discharge from the fl. 120
1658] Court Minutes of New Amsterdam. 329
brought in a/c against petit' by Cristiaan Nysen, for disbursed board
and drink and other charges; also to be released from two extraordinary
Court days and to be granted permission to carry on his business, if the
Court find it to comport with moderation. Whereupon the Court orders
— The petitioner shall pay Cristiaan Nysen for board, drink, attendance
and washing for Jan van Deventer's a/c. 8 gl. per week, amounting for
six weeks to fl. 48: one extraordinary Court day, fl. 38. And further
according to the a/c furnished him and he was further allowed and per-
mitted to pursue his business on condition that his behaviour shall be
observed.
On the answer of Jacob Cohn, a Jew, Ordered: Copy to be furnished
to party to answer thereunto at the next Court day.
Thursday, 14 Feby. 1658, the Heer Nicasius de Sille and the Heer
Pieter Tonneman handed to the Heeren Burgomasters a Petition from the
Heer Direct- General, reading as follows: —
To the Rf Hon^l-^ Councillors of N: Netherland and the W: Burgo-
masters of the City Amsterdam therein.
Petrus Stuyvesant, your Honors petitioner, represents in due form
and respect to the Councillors, to whom it appertains to grant the patent;
also to the Burgomast"^ to whom the conveying of lots is surrendered, that
he, to your Hon" ocular knowledge and evidence, fenced, dammed and
raised up, at great cost and labour, out of the water and swamp, certain
abandoned lots* granted in the year 1647 by the Heer Kieft, your peti-
tioners predecessor, in quality as Director General to one Jan Pietersen,
and conveyed by him, or his Attorney to one Thomas Baxter, a bankrupt
and fugitive from this Province in consequence of great indebtedness, who
during the troubles with the English had likewise plundered divers of
the inhabitants of this Province; on which lot, now that about 8 @ nine
thousand loads of sand are ridden to it which have not made it high
enough, the petit' has erected an expensive and handsome building; peti-
tioner considering his lots not sufficiently secure in case of his dismissal
from office or death, inasmuch as he has not as yet any proper Patent or
deed, for he cannot give himself any unquestionable Patent or Deed,
* According to the Map of Manados or New Amsterdam, dated i66i, tliese lots
were at the foot of Whitehall Str. — B. F.
330 Court Minutes of New Amsterdam. [1658
though the lots in question reverted, in consequence of the absconding
owner's abandonment and non appearance on being summoned by the
ringing of the bell, to the Company as Lords and Patroons: He repairs
therefore to you in due form, requesting your Honors as Councillors on
the part of the Lords Directors after annulling the first deed, which how-
ever it is believed cannot be found on the Register, to be pleased to grant
the petitioner a Patent and deed; and that the Burgomasters may be
pleased to give proper conveyance thereupon, to the end that the petitioner
and his lots may henceforward remain unquestioned and he may enjoy in
peace the fruits of the great expence incurred and still be incurred.
The request of the Director General set forth in the annexed petition
to the Councillors [having been considered] the ground brief was, after
due measurement made, allowed. Done in Amsterdam in N. N. the 14
Feb: 1658. Was subscribed, Nicasius de Sille,
Pieter Tonneman.
Is thereon Apostilled: — Whereas Director Gen! and Council have
been pleased to grant to the City all vacant ungranted lots; and the
General has ornamented the place with a handsome building and requests
due conveyance thereof according to measurement, w''^ we cannot refuse
him, but approve and laud it. Done Amsterdam in N. Netherland the 14
Feb. 1658. By order of the Burgomasters of the abovenamed City.
Joannes Nevius, Secretary.
The petitioner further remonstrates, that in virtue of a like deed,
passed by said Heer Kieft in the Year 1647 aforesaid, to the behoof of
Joghim Kierstede, (copy hereunto annexed), his brother Hans Kierstede,
Surgeon of this place, claims a right to the lot lying south of the peti-
tioners sheeted and fenced ground; Whether, in regard that neither
Joghim Kierstede, the first owner, drowned in the Princess, nor Hans
Kierstede holding actually his deceased brother's deed for eleven con-
secutive years, has not only not built on it, but allowed it to remain, as
it still lies unsheeted, unfenced and unelevated, the said lot has reverted to
the Company or continues the property of M' Hans Kierstede as heir of
his brother Joghim Kierstede, the petitioner does not intend to question,
much less to abridge the claiming owner in his acquired right and prop-
erty; the petitioner only requests, that the claiming owner, if he will con-
tinue in the possession, may be ordered to sheet, raise and fence in said
165SJ Court Minutes of New Amsterdam. 331
lot in a proper manner like a neighbour, to the end that your petitioner,
his next neighbour, and other neighbours may not suffer damage nor loss
thereby: it being the custom here and elsewhere, that neighbours do as
neighbours and make the common sheeting among each other, or help to
bear the expences: Which doing etc.
Hereupon is Apostilled: — Whereas Joghim Kierstede is seized of a
lot south of the Director Generals lot, and the General recpiests, that his
neighbour may be also ordered to sheet and raise the lot, and such is
found to consist with justice, the Burgomasters therefore order the af(jre-
said Joghim Kierstede's heirs, to line and raise the same similar to their
neighbours or to abandon the same. Done Amsterdam in N : Netherland
the 14'!" Febr^' 165S. By Order of the Burgomasters of the City aforesaid.
Joannes Nevius, Secret?"
Whereas Jacob Eldersen, brewer's servant, was placed in confinement
two several times for crime committed and was released on bail the first
time, and has now, on the second occasion, broke jail and absconded;
therefore all Burghers and inhabitants of this City are hereby enjoined not
to harbor nor secrete him, but immediately to surrender him under the
penalty herein enacted: And Jacob Eldersen is hereby for the second
time summoned to appear within eight days at the City Hall there to
hear all demands and conclusions the Schout shall have to produce, and
in default thereof the Schout shall proceed to final judgment. Thus done
and published after the customary ringing of the bell at the City Hall of
this City of Amsterdam in N: Netherland, the I5'^ February 1658.
By order of the Schout, Burgomasters and Schepens of the City
abovenamed.
Joannes Nevius, Secretary.
On the 18* FeW 1658, Teunis Tomasen Quick appears at the office
of the Secretary of the Burgomasters and Schepens of this City of Amster-
dam in N: Netherland, and declares, that he appeals to the Hon''.^
Director General and Council of N. Netherland from the judgment pro-
nounced by the Court here on the 11'.'' Instant between him or his Wife
and Frerick Arensen.
Monday, iS'!^ Feb^ 1658; In the City Hall. Present the Heeren
Nicasius de Sille, Paulus Leendersen vander Grift, Olof Stevensen Cort-
332 Court Minutes of New Amsterdam. [1658
landt, Joannes de Peister, Pieter Wolferzen van Couwenhoven, Jacob
Strycker, Cornelis Steenwyck, Isaack de Foreest.
The Schout Nicasius de Sille, pltf. v/s Jan Cornelisen and Rutgert
Jansen, defts. The Schout states, that about half a year ago Rutgert
Jansen was beaten by Jan Cornelisen, so that the blood flowed, where-
upon they were at law together, and the Court ordered, as Jan Cornelisen
said, that Rutgert Jansen abused him as an Indian dog, from which the
fight arose, that Jan Cornelisen should prove it, whereupon there was no
result — demanding the fine thereon affixed, and that Jan Cornelisen
shall be further condemned to pay Rutgert Jansen for smart and pain ac-
cording to aforesaid Rutgert Jansen's petition exhibited in writing to the
Court. Deft. Jan Cornelisen answers, he can prove that Rutgert Jansen
had abusively called him an Indian dog. The Court orders him to pro-
duce his proof, which he does, and to this end: Joannes Withart appears,
who declares, he heard and saw Rutgert Jansen and Jan Cornelisen
having hard words together, and heard say, Indian and Indian dog and
such like, whereupon blows followed. Jan Cornelissen says further, that
he called Rutgert Jansen Spitter l>aard, as the abovenamed Rutgert Jans
was so named throughout the whole of Flat Bush, and he, Rutgert Jansen,
called him an Indian dog. The Court condemn the deft. Jan Cornelis-
sen to pay the Officer as a fine the sum of 12 gl. for having struck Rutgert
Jansen, and Rutgert Jansen to pay the Officer for his foul and abusive
language the sum of six guilders; Rutgert Jansen's further demand is
dismissed.
The Schout Nicasius de Sille requests, as the previous judgments for
fines were not paid, that the Court order the City Messenger to summon
and renew these again, and be executed by the Marshal. The Court
grant the Heer Sellout's request.
Hendrick (Willemsen) the Baker appears in Court and the Schout
Nicasius de Sille, ex officio, states that Hendrick the Baker was ordered
on the last Court day, he should exhibit in Court his declaration to the
effect, that Joost (Teunisen) the Baker took his flour from his sack and
stuffed it in his own, which is produced by him this day in Court. Where-
upon the Schout requests, that copy thereof be furnished to party Joost
the Baker to answer thereunto at the next Court day. The W. Court
orders party to furnish copy.
[658] Court Minutes of New Amsterdam.
333
Nicolaas Boodt, pltf. v/s Mattheus de Vos, deft. Pltf. says a com-
promise written on the 3"! September 1657 by the Notary Dirck van Schel-
luyn, touching some differences between him pltf., and Maria Polett,
about her son Jan Gera, is signed which he exhibits to the Court request-
ing payment of costs amounting to the sum of fi. 132. Deft, answers, he
is not obligated to pay until the pltf. shall have shewn the original
obligation; exhibiting to the Court a letter rec'? from the Virginias from
his wife Maria Polett, advising him that the obligation is in pawn, and
remaining with Mf Hoon and M' Custens. The parties having been
heard the Court decrees, as further proof has arrived from Virginia from
Maria Polet, wife of Mattheus de Vos, that the obligation is pledged in
the hands of Master Hoon and M' Custens, that the deft. Mattheus de
Vos be ordered to prove within three months time or on the arrival of his
wife, who has a right to the obligation and to send for an Acte from the
Virginias, that the obligation is pawned. Meanwhile the pltf. is ordered
to send for the original obligation, and on receipt of this the deft, de Vos
is condemned to pay the obligation and the costs of suit according to
compromise.
Geertje Hendrick, pltf. v/s Raghel van Tienhoven, deft. Deft, in
default, but she is excused being sick. Pltf. demands payment of the
sum of 30 guilders rent of half a house, which she, pltf., occupied and
which is used as a sheepfold. Burgomast- Oloff Stevensen Cortlandt
rising answers, as he was co-partner in the sheep, which were placed in
the aforesaid house, that he shall speak to the other friends and partners
about it; requesting postponement therefore until the next Court day.
The Court grant the Heer Burgomaster Olof Stevensen Cortlant delay
until the next Court day.
Pieter Jacobsen Buis appears in Court, requesting revision of the
papers used in the suit at the last Court day. The Court persist in their
previous judgment as there is no additional proof.
Pieter Jacobsen Marius, pltf. v/s Mighiel Tades, deft., arrested.
Pltf. as having power from Hermanns Hertogh, which he shews to the
Court, demands from deft, a/c and reliqua of the goods, which he deft,
had brought with him from Holland, according to copy of contract dated
19 May 1654 entered into between him deft, and Bastiaen Hertogh, the
father of the abovenamed Hermanns Hertogh; and provisional contumacy
334 Court Minutes of New Amsterdam. [1658
of arrest. Deft, demands, previous to rendering a/c and reliqua, that he
may have a return of the goods, which he claims were to be attached in
Holland on his a/c. according to exhibit of a letter written in Am-
sterdam in date 3o'^ March 1657. The Court orders deft, to
render a/c and relqua to the pltf. ; meanwhile the attachment is de-
clared valid.
Rutger Jansen, pltf. v/s Cornelis Jansen, woodsawyer, deft. Deft,
in default.
Hans Dreper, pltf. v/s Abba Clasen, deft. Pltf. demands payment
from deft, of the sum of fl. 47 : 2 for rec'! board and drink. Deft, admits
the debt, but says he has no money. Requests delay until, he shall have
made a journey to the Fort Orange. The Court condemns the deft, to
pay the pltf. the sum demanded within the time of fourteen days.
Skipper Lauwerens Cornelisen Vander Wei, pltf. v/s Capt. Jacob,
deft. Deft, in default.
Pieter Taalman, pltf. v/s Tomas Yongh, deft. Pltf. demands pay-
ment of the sum of fl. 60: 6 according to award of arbitrators. The Court
orders the deft, to pay pltf. the sum of fl. 39: 6 within 24 hours on pain
of imprisonment, and as regards the fl. 21. the pltf. is ordered to exhibit
particulars thereof to the Court.
Jacob Wolfersen presents a petition to the Court requesting that
before he answers in Court the suit entered by the attornies of Vander
Veen, the Court will be pleased to refer this petition to the R' Hon"^
Director General and Supreme Council of N. Netherland to the end, that
their Hon" would be kindly pleased in consideration of the aforemen-
tioned petition, to relieve him the petition^ of the last settlement made
with Vander Veen, etc. The Court persists in his own offer given before
the Court in date 21^.' January.
Dirck van Schelluine requests by petition, that the Marshal be
authorized to put in execution the judgment which he has against A:
Keiser. The Court persists in its previous judgment, and orders the
monies to be sequestrated with the Secretary within 8 days time on pain
of imprisonment.
The Schepen Cornelis Steenwyck requests, that the Court may put in
execution the judgment pronounced A° 1656 against Schepen Pieter Wol-
fersen van Couwenhoven, whereas the aforesaid van Couwenhoven is
1658] Court Minutes of New Amsterchini. 335
looking to the bail, viz. Govert Loockermans and Dirck \an Schclluvne
and he has demanded it by acquired right, with execution of the judgment
pronounced against the bail. The Court orders the Secretary to look up
the judgment, and to furnish it to the petitioner, as the newly appointed
Magistrates are unacquainted with it.
The President informs the Court, that Nicolaas Root has complained
of his wife to him, and as said Boot is present he considers it i)roper, tliat
he come in, who appearing in Court is asked if he have any thing to say
of his wife, to state the same to the Court. Who answers, he did not
think the matter w*? come before the Court; but now seeing it had, he
requests that the Magistrates would be pleased to reprimand her for her
irregular life, and if she will not amend, that they separate one from the
other. Whereupon the City Messenger was ordered to summon Claas
Boodts wife for the next Court day; but as the Board concluded the
sooner 't was disposed of the better, the City Messenger is ordered to tell
her forthwith to appear before the Burgomasters and Schepens. jNIerritje
Joris, wife of Claas Boodt, appearing in Court is asked, how it hajjpens
that she behaves so that her husband complains of her, and that she goes
drinking in all the groggeries and holes, and being drunk he cannot keep
house with her and does no good. Answers, that she drinks her own and
not his substance and he has not a stiver; that he himself goes drinking,
rollicking and full, and she has not slept with him a long time, but were
she a young woman he would have more affection for her, and he com-
plains of me etc. She was further told, to live in peace with lier
husband, so that no more complaints should be heard of her. Answers,
she will leave him as he frequently beat her and he divers times shut her
out, and she is not disposed to live so, having always had wine and beer
in the house, and that he had not put either wine or beer in the house for
her, which is the reason she goes now and again for half a Mutjie and a
couple of pots of beer and he does not pay the cost.
This date iS'?" Feb'! Mighiel Tades went to his house in the country
by consent of the Schout under promise of returning the next day.
This date I9'^ Feb?' the Schout de Sille appeared at the Secretary's
office of this City, and declares, that he appeals to the Honble H' Direc-
tor General and Council of N. Netherland from the judgment pronounced
336 Court Minutes of New Amsterdam. [165S
on ii'?" Feb'; by the Court between him the comparant and Colombie^
which appeal he declares to be received by the Director General and
Council.
This date 22'? FeW 1658 Jacob Eldersen is a third time summoned
after the customary ringing of the bell of the City Hall of this City, Am-
sterdam in N. Netherland.
Thursday, 21^.' Feb'; 1658. In the City Hall. Present the Heeren
Paulus Leendersen vander Grift, Olof Stevensen Cortlant.
The Court resolves to propose to the Board on the next Court day,
and to draft a resolution relative to the disposal of the fines.
The three labourers of the ^rag/i^ (canal) being summoni to Court,
appearing are asked, how it happens that they do not come any more to
work ? Answer, the weather is unfavorable. Whereupon they are told,
complaints were made, that there was nothing filled up — and they were
therefore ordered to proceed and to promise to do so and that they should
not stop. Meanwhile Sibout Clasen shall be charged to make his sheeting
tight, and to promise to proceed next week, as the tide does not at
present allow it.
Claas van Elslant presents a petition to the Court to be Keeper of the
Shambles {/lal knecht) ; Whereupon it was resolved to communicate it to
the Director General.
Jan Jansen van Breste presents a petition to the Court requesting,
that he may brand or mark the beer barrels. It is also resolved to com-
municate this to the D' Genl.
According to Resolution Wernaar Wessels is granted the guaging of
the barrels for all his life, but the marking for one year.
Whereas the nomination of Orphan Master and Church Warden is at
hand, the Burgomasters have proceeded to the nomination.
For Orphan Master.
Allard Anthony,
Wilhelmus Beeckman,
For Church Warden.
Hendrick Jansen vander Vin,
Pieter Cornelissen vander Veen.
1658] Court Minutes of New Amsterdam. 337
Allard Anthony is ordered to make an inventory of all the pajicrs re-
maining with him regarding the City; also the a/c of the Great and Small
Burgher right.
Whereas Burgomasters and Schepens of the City of Amsterdam in N :
Netherland consider it necessary, that pursuant to the laudable custom of
our Fatherland some sworn and assermented person be chosen and
appointed to attend to the measuring of grain, lime and such like wares
as are measured by the skepel and barrel. The Hon^l"' Director General
and Council of N. Netherland do therefore elect from those nominated
by the Burgomasters and Schepens for the filling of said ofiice, and is by
us confirmed therein the person of yacob Lccndcrsai vanJcr Grift, who is
hereby made known to the Commonalty, that he be employed and used as
sworn measurer in matters of receipt and delivery of any grain, lime or
whatever is measured by skepels or barrels, who shall receive as fee for
measuring of
From one skepel to 50 one stiver
From 50 " to 100 one blank (i. e. three farthings)
From 100 and upwards 3 gl : or sixty stivers
For I barrel of Lime i^ stiv.
half of which the receiver and deliverer shall each pay.
And so that no difference may hereafter arise between receiver and
deliverer, they order and direct that henceforward no person shall pre-
sume himself to measure any grain, lime or other wares deliverable by the
barrel or skepel, which come from without by cargo or in bulk, or to have
them measured by any other person than the aforesaid sworn measurer on
penalty of three guilders for the first time, six guilders the second time,
and arbitrary correction the third time.
But herefrom are excepted only all measurement, by those who trade
in the article, or what passes from one Burgher to the other for their own
provision, if they have no difference about it, and are satisfied with each
other, which may be received or delivered, provided it be done with
stamped measure according to previous ordinance. Thus done and
renewed the 21^.^ Feb'^ 1658 at Amsterdam in N. Netherland.
On the 23"} Feb: appeared at the Secretary's office of the Burgo-
VOL. 11 — 22
33^ Court Minutes of New Amsterdam. [1658
masters, Christyntie Hermens and declares, according to a/c exhibited
and communicated to the Presiding Burgomaster, who addressed her to
the Secretary, that there is due her from Jacob Eldersen, brewers servant,
the sum of fl. 55. in zewant balance: Requests she may come in concur-
rence with the other debts, as the aforesi Jacob's goods, attached by the
Schout for his committed offence, are sold.
Monday, 25'.*^ Feb^ 1658. In the City Hall. Present the Heeren
Nicasius de Sille, Paulus Leendersen vander Grift, Olof Stevensen Cort-
lant, Joannes de Peister, Pieter Wolferzen van Couwenhoven, Jacob
Strycker, Cornells Steenwyck, Isaack de Foreest.
Schout Nicasius de Sille, pltf. v/s Nicolaas Boot, deft. The Schout
exhibits in writing to the Court, how unbecomingly Nicolaas Boot lives
with his wife, shutting her up in her house without order or authority,
nailing to the windows and doors, and also beating her, as she declared,
being sent for eight days since to Court on the complaint of her husband
against her. He demands as preserver of the law, that as he has assumed
unto himself the authority of the Magistracy, he be brought for so many
days into the public prison, and amerced or corrected in such punishment
as the Magistrates shall judge proper as an example to others. Deft.
denies having locked up his wife and demands proof. The Court order
the officer to prove, that Nicolaes Boot has beaten and locked up his wife.
The Schout requests, that the Court would be pleased to appoint
Commissaries in the case, and to that end the Court appointed the
Schepens Joannes de Peister and Pieter Wolferzen van Couwenhoven.
Hans Dreper, pltf. v/s Pieter Janzen, mason, deft. Both in default.
Tomas Yongh, pltf. v/s Andrees Hoolwel, deft. Deft, in default.
Jan Rutgersen, pltf. v/s Claas van Elslant, the elder, deft. Are
agreed.
Joost Teunizen, baker, pltf. v/s Jan Hobbe, deft. Pltf. states, that
the deft, granted a certificate to Hendrick Willemsen, baker, regarding
the removal by the pltf. of a sack of flour; wishing to prove by the deft,
the contrary thereof; saying, that he had sent his men to Newtown to
fetch flour, and that they had brought a wrong sack, which being acknow-
ledged after the flour was out, they found it to be Hendrick the baker's
sack. He pltf. coming afterwards to Newtown took one of his full sacks
?658] Court Minutes of New Amsterdam. 339
and emptied it into Hendrick the baker's empty sack, and is again
returned home. The Court first grant Jan Hobby the copy of tlie de-
claration being translated into Dutch, and as he is not acquainted with it,
the original is ordered to be sent for. Which coming to Court from Hen-
drick the baker, was shewn and placed before Jan Hobby and [)cing read
to him, he says there is a mistake in it, and pointing out the same, which
being interpreted by Schepen Cornells Steenwyck, runs thus — That Joost
the baker came from the Manhattans with an empty sack which he
brought to the mill and said the sack did not belong to him; looking
among the sacks found his lying among the bags and took his sack and
emptied the flour into Hendrick the baker's bag, and took his empty sack
home with him. And whereas the last verbal explanation is directly con-
trary to the first written declaration from which the Schout infers an evil
intent, because it is deceitful declaration, he demands, that Jan Hobby
be placed in confinement until further information come from Newtown
and Flushing. The Court grant the Schout's request, and order him to
take further information in the case.
Lauwerens Cornelisen vander Wei, pltf. v/s Capt. Jacob, deft. Pltf.
says he loaned the deft. 22'^* of tallow. Deft, admits having asked for
the loan of some tallow, but denies the quantity and says he had only 11
lbs; being willing to prove the same by one of seamen who brought the
tallow. Pltf, exhibits in Court a written declaration of Merten Lauwer-
ensen, seaman, who declares to have weighed 22 '^^ tallow to Capt. Jacob's
servant. The Court ask Skipper Lauwerens if the person who made the
declaration is accessible ? Answers, Yes. Whereupon he is ordered to
fetch him; who coming to Court is asked, if he so testified ? Answers,
Yes. Is further asked, if he will confirm the same on oath, and if he be
well aware what an oath is, explaining the same to him. Answers, Yes;
and weighed it on the sloop to the man or sailor of Capt Jacob. Capt
Jacob appears in Court and he was informed of the verbal declaration of
Lauwerens Cornelissen's witness. Answers, will declare the contrary,
when his man comes from the Virginias. The Court having heard parties,
condemn Capt Jacob to pay Skipper Lauwerens Cornelissen the pltf. the
22 '^^ tallow within the time of twice four and twenty hours.
The Schout states, that he found Jacob Eldersen below, and told
him, that he should return to the place, from which he had come, but
340 Court Minutes of New Amsterdam. [1658
would not give any answer. Whereupon the Schout brought him into
confinement until further order.
Rutgert Jansen, pltf. v/s Jan Cornelisen, arrestant and deft. Deft,
in default.
Willemtje, Jan van Leyden's Wife, pltf. v/s Lysbet Tysen, deft.
Deft, in default.
Dirck van Schelluyne appears in Court, stating that he is authorized
to serve Jacob Eldersen in the case, which the Schout has against him,
and requests, that the prisoner be released from confinement and the case
be disposed of as shall be found consistent with circumstances. The
Court grant Dirck van Schelluyne his request, Jacob Eldersen is released
from confinement and he is ordered to reply within twice twenty four
hours to the answer in reconvention of the Fiscal entered before the
Director General.
This date has the Schout Nicasius de Sille through Gysbert Opdyck
placed in my, Joannes Nevius', hands an Acte of notification, which I
caused the said Gysbert Opdyck, Court Messenger, to hand to the Presi-
dent of the Burgomasters.
The Court directs, that all Fines shall be applied, \ for the Officer;
•J for the City; \ for the Church and \ for the Poor. Thus done and
resolved in the Court of the Burgomasters and Schepens of the City of
Amsterdam in N. Netherland the 25*^ Feb'^ 1658.
This date 27* Feb^ Sieur Pieter Jacobsen Buis, attorney of Sieur
Walewyn vander Veen, appears at the Secretary's Office of this City,
who declares that he appeals to the Director General and Council of N.
Netherland from the judgment regarding the erasing of the mortgage
against Jacob Wolfersen van Couwenhoven, pronounced between him the
comparant and Nicolaas Meyer.
This date 26* Feb^ 1658 : the nomination of Orphan Master and
Churchwarden was transmitted to the Director General in an enclosed
letter, which reads as follows: —
Honourable Valiant Sirs.
Whereas it has pleased your Hon"-' to favour the Burgomasters of
this City of Amsterdam in N : Netherland with the nomination of the suc-
ceedmg Churchwarden and Orphan Master, and this is the time of elec-
[65S] Court Minutes of New Amsterdam.
141
tion, therefore the abovenamed Burgomasters proi)ose to your Hon^■ a
double number nominating these following persons
As Orphan Masters
Allard Anthony,
Wilhelmus Beeckman.
As ChiircJni'ardcns
Hendrick Jansen vander Vin,
Pieter Cornelisen vander Veen ;
Requesting Your Hon'.' to elect from them such as your Hon'.' may
judge to be for these offices the most suitable, intelligent and most suit-
able. Done, Amsterdam in N. Netherland in the Court of Burgomasters
in the City Hall the 21V Feb^^ 1658. Was underwritten
By order of the Burgomasters of the City aforesaid,
Joannes Nevius, Sec.
Extract from the Record of the Resolutions of the Director Genl.
and the Councillors of N. Netherland adopted in their Hon'? Assembly,
Tuesday, 26* Feby. A° 1658.
Whereas one Orphan Master and one Church Warden have served
out their time, and the Burgomasters of this City have therefore nomi-
nated and proposed a double number of persons with a request, that the
Director General and Council would please to elect others in place of
the retiring. The Director General and Council of N. Netherland have
therefore from those nominated elected and confirmed, instead of those
retiring —
As Orphan Master^
Wilhelmus Beeckman.
As Church Warden^
Hendrick Jansen van der Vin.
Thus done in the Assembly of the Hon^l^ Director General and
•Council aforesaid in fort Amsterdam in N. Netherland. Ady as Above.
Agrees with the aforesaid Resolution,
C. V. Ruyven, Sec'^
Thursday, 28'?" Feb*: 165S. In the City Hall. Present the Heeren
Paulus Leendersen vander Grift, Olof Stevensen Cortlant.
Whereas the election made by Director General and Council of the
342 Court Minutes of New Amsterdam. [1658
succeeding Orphan Master and Church Warden in place of the retiring
is exhibited in Court — the elected, Wilhelmus Beeckman as Orphan Master
and Hendrick Jansen van der Vin as Church Warden, are therefore sent
for to Court; who appearing the same is notified and exhibited to them, and
they are received by the Burgomasters, and congratulated in their office.
Allard Anthony appears in Court, bringing with him and exhibiting
in Court all the papers and documents belonging to the City remaining:
with him.
Annetje Smits appears in Court, and the Magistrates notified her,
that a map or design of her ground has been made according to the last,
measurement, and it is found not to coincide with the ground brief, but
more ground is included in the fence than belongs to her, according to
the ground brief, by which she sold Isaack Kip one rod, three feet, six
inches. Answers, she sold by the little corner, without measuring, and
fenced in as she rec'J from Pieter Cornelissen. The Burgomasters say,,
that they must settle with each other, or they shall retain the money re-
ceived for the ground not belonging to her.
Isaack Kip appears in Court, is asked how much does he come too
short on Teunis Kray's side. Answers, about 3 inches.
Hendrick Willemsen Baker, appears in Court, and is notified, that
his lot is measured and found to be larger, than the ground brief men-
tions. Answers, the Magistrates have made no mistake — saying his lot is-
15 rods.
Schepen Pieter Wolfersen van Couwenhoven appearing in Court is
informed of the election to the office of Orphan Master, namely of Wil-
helmus Beeckman with him.
Annetje Smits was offered for sale the piece of land adjoining her lot,
by the Magistrates for the sum of 250 gl. payable between this and May.
Answers, cannot make up the sum in that time, but offers 150 gl. and shall
then do her best. Whereupon the Magistrates oft'ered the same piece to
Hendrick the baker, and whereas Hendrick the baker had offered Anna.
Smits 300 gl. for said piece of land, it was offered him for that price and
he accepted the same for it.
Teunis Kray appears in Court and he was notified, that the lot should
be conveyed when the surveyor came.
Tomas Swartwout appears in Court requesting the Small Burgher
1658J Court Minutes of New Amsterdam. 343
right, and took the oath in Court, signing an obligation for 20 gl.
beavers, payable for it.
On Nicolaas Boots a/c for the sum of 87 gl. is aj)ostiIled: It shall be
settled, if it be not already placed on the Company's books or paid by the
late Secretary Jacob Kip, whereof the petitioner is ordered to produce
proof in Court. Done i^' March 1658.
Albert Jansen requests, as he is about to build a small house and his
lot is too little, that an adjoining lot be granted him. Petitioner is
granted the lot next Jannetie Bone's lot, on condition of paying, what it
is valued at.
Monday, 4'^ March, 1658: In the City Hall. Present the Heeren
Nicasius de Sille, Paulus Leendersen vander Grift, Olof Stevensen Cort-
lant, Joannes de Peister, Pieter Wolferzen van Couwenhoven, Cornells
Steenwyck, Isaack de Foreest.
The Schout Nicasius de Sille rejoins to the reply of Jacob Eldersen,
a prisoner. The Court orders copy to be funished to party, to answer
thereunto within the time of thrice 24 hours, and parties on both sides to
make their deduction and to produce the papers by inventory.
Mighiel Jansen, pltf. v/s Jacob Wolfersen van Couwenhoven and
Jacob Jansen Moesman, defts. The deft., Jacob Wolfersen van Cou-
wenhoven, in default. Pltf. says, he sold the deft. Jacob Wolfersen
eight apple-trees for the a/c of Jacob Jansen Moesman, amounting to
the sum of fl. 40., demanding payment thereof, or that he may take the
apple trees back. Deft. Jacob Jansen Moesman answers, he gave Jacob
Wolfersen money for 12 trees, and that Jacob Wolfersen is bound to pay
him, the pltf. The Court orders the pltf. again to summon the deft.
Jacob Wolfersen van Couwenhoven for the next Court day.
Adriaen Keyser, pltf. v/s Schepen Pieter Wolfersen van Couwen-
hoven, deft. Pltf. says he has some goods, such as tobacco and wine
lying at defts. and cannot get them. Deft, answering, asks pltf., if he
had refused them to him ? declaring that he did not refuse him; where-
upon both exhibit their a/cs to the Court. The Court orders parties
to lay their a/cs pertinently on both sides before Schepen Isaack de
Foreest, who is ordered to look over them and if possible to reconcile
parties; otherwise to report to the Court.
344 Court Minutes of New Amsterdam. [1658
Hans Dreper, pltf. v/s Pieter Jansen, Mason, deft. Deft, a second
time in default. Pltf. demands fl. 64: for a hog 14 gl. and the remainder
drink. The Court orders pltf. to summon the deft, again.
Isebrant Engels, pltf. v/s Claas Cromtap, deft. Pltf. demands fl.
125. from the deft, saying, he cannot get any money from him. Deft.
answers and promises to pay in May; but says pltf. was to be content
with fl. 100. according to award of arbitrators. Pltf. in reply says, as the
arbitrators had ordered him to pay immediately, and he deft, failed to do
so, he therefore demands the full sum. Claas Cromtap appearing in
Court is asked, who were the arbitrators ? Answers, Frerick Lubbersen
and Jan Vigne. Is further asked, if the arbitrators condemned him to
pay fl. 100 immediately ? Answers does not know. The Court or-
ders deft, fully to satisfy pltf. between this and May, the award of the
arbitrators not being taken into consideration, as def. has failed to pay.
Jan Willemsen, pltf. v/s Lysbet Tysen, deft., demands payment of
two hogs, which deft's dec"? husband bought from him and which were
delivered in March A° 1655 for the sum of fl. 48. payable in hay @ fl. 6.
the cart load, before harvest, and to be delivered at the Manhatans
Island ; and as the hay was not mowed before harvest, nor after harvest,
he demands restitution of the hogs, or the hay or payment with costs
thereof. Deft, answers, that her dec"? husband had cut a parcel of hay
for the pltf. and he told her they should mow together, and that he put
the hay in cock, but her husband was killed in the Indian war, and he
could not deliver it; and says the hogs were not worth as much, as the
pltf. says. Pltf. replies and says if she, deft., can prove, that the hay was
put in cocks, he asks none of it. The Court refer the matter in question
to Sieur Nicolaas Verlett and Egbert Woutersen to reconcile parties and
to decide the case in question.
Tomas Jongh, pltf. v/s Andrees Hoolwel, deft. Both in default.
Schepen Pieter Wolfersen van Couwenhoven, pltf. v/s Govert
Loockermans and Dirck van Schelluyne, defts. Deft. Govert Loock-
ermans in default. Pltf. demands the contract made between him, pltf.,
and them defts. with Juflfrouw Leentje Mertens dec'^. Deft, answers, he
has no contract, and says the suit he has with the pltf. regards a parcel of
white peas which the pltf. has rec'l in payment for a/c of the atty^ of
Cornells de Potter in discharge of the bail bond. Pltf. denies it and
1658] Court Minutes of New Amsterdam. 345
says, they were delivered to his broth' Jacob Wolferzen and that it does
not concern him — also is not entered on his a/c and the contract also
does not so purport, but it is conditioned to deliver barley and wheat and
not peas. Dirck van Schelluyne appears in Court ; is asked if he can i)ro\e,
that the peas were delivered for pltf's a/c. ? Answers, he cannot prove all,
and that they were brewing together, but they strove to get grain in pay-
ment for the discharge of the bailbond. The Court orders deft. Dirck van
Schelluyne to prove, that the peas were delivered for Pieter Wolferzens a/c.
Joannes Nevius, pltf. v/s Joghim Beeckman, deft., demands from
deft. fl. 346. 9. in beavers, which are due him by a/c. Deft, delivers in
an offset a/c, whereby there is due him fl. 70: 8. Parties are referred to
Reinout Reinoutsen and Jacob Vis to decide their a/cs in question if pos-
sible, otherwise to report to the Burgomasters and Schepens.
Metje Wessels, pltf. v/s Abraham Pietersen, deft., demands for a
hog sold to deft, the sum of fl. 17., payable one pound flemish every
week, until the whole sum is paid; but says, she through indulgence gave
him time until Easter. As she, however, understood that he, the deft, is
notified to get himself ready to go home by the ne.xt ships, she is therefore
obliged to attach' cloth, and to summon him. Deft, admits having bought
the hog and promises to pay at Easter according to condition, and requests
that he might have his cloth. The Court grant deft, his cloth to be taken
under sufficient bail, and to pay the pltf. at the fixed time.
Claas van Elslant the Elder, pltf. v/s Maria Verplanck and Dirck
A^olckersen, defts. Defts. in default. Pltf. demands, that an order be
issued in the name of the Court to summon the defts. for the next Court
on pain of being deprived of their privilege.
Stoffel Mighielsen being summoned to Court is asked, why he rings
without orders ? Answers, he has orders to ring the eleven o' Clock, and
that it was about half past eleven when he began.
Pieter Taalman's a/c being seen by the Court, he is ordered to
render due specification and proof of each item.
The Schout requests that Commissaries be appointed to examine the
prisoners. He says, that he expects the Magistrates of Flushing in the
evening.
Jan Coo appearing in Court states, as the miller is in prison, that he
might know, what the matter is and requests quick despatch.
346 Court Minutes of New Amsterdam. [1658
Mattheus de Vos appears in Court exhibiting extracts of contract and
demands he might lift the tobacco which M^^ Allerton has attached. The
Court permit said de Vos, to lift the tobacco, because M' Allerton is gone
and the tobacco is subject to spoil, on condition that he promises to
satisfy M' Allerton when he returns, or his attorney. Mattheus de Vos
appearing in Court, promises to satisfy Mf Allerton when he returns.
Dirck van Schelluyne appears in Court requesting, that the prisoner
Jacob Eldersen be released from confinement and his goods from attach-
ment. He is ordered to answer the rejoinder and to make a deduction.
Melcker Caspersen Sprinckstein being imprisoned for theft, is called
into Court and appearing is asked: —
1. How many knives have you stolen there ? i. Three knives.
2. Have you stolen any other property ? 2. No.
3. Who told you to steal ? 3. Nobody.
4. Why then have you named any person ? 4. I said so in fright.
5. What would you do with the knives ? 5. Cut bread.
Who taught you to steal ? Declares that Hendrick Cery Yackes
works of late on his Mothers plantation. Declares, he has still three
knives by him, which he exhibits to the Court.
How did you know that there were knives ? I did it, because we
had no knives to cut bread.
The Hon*"!^ Nicasius de Sille brought into Court the Proclamation of
the day of Prayer, and it is read from the City Hall after the usual ring-
ing of the bell; in terms as follows: —
Hon''!^ and Well beloved.
Notwithstanding the good and all merciful God has favoured and
blessed this newly rising Province in general and its inhabitants in partic-
ular with many and innumerable mercies and benefits; amongst others
with health, peace, prosperity, abundance, remarkable increase of popula-
tion and trade, and what is to be valued above all, with the free and pub-
lic exercise of the pure worship of God, Yet, we, either enjoying the same
thanklessly, or abusing them unworthily, have by the ungrateful use of
bodily, or the unworthy abuse of spiritual benefits, provoked God's rigor-
ous justice, exciting his Divine Majesty — never sufficiently honoured — to
righteous anger,' of which He hath^shewn us not only palpable signs, but
has caused us also to witness evident proofs; He hath visited near and
1658] Court Minutes of New Amsterdam. 347
remote places, towns and hamlets with hot fevers and dangerous diseases,
as a chastisement if not punishment of the thankless use of temporal Ijless-
ings; permitting and allowing the Spirit of Error to scatter its injurious
poison amongst us, in spiritual matters here and tliere, raising up and
propagating a new, unheard of, abominable Heresy, called Quakers;
seeking to seduce many, yea, were it possible, even the true believers — all
signs of God's just judgment and certain forerunners of severe punishment.
To ward these off from us and our's and to obtain Gods favours,
benefits and blessings for us as well in temporal as in spiritual matters,,
the Director General and Council of N. Netherland, have deemed it good
and needful to prescribe and publish a Day of General Fast and Thanks-
giving to be observed on the Second Wednesday of the month of March,
being the 13"' of said month.
We therefore charge our subjects to repair on the fore and afternoon
of the aforesaid day to Church or where Gods word is usually preached
in order, after hearing the same, to praise and thank the all good and
merciful God, for the favors, blessings and benefits, which his Divine
Majesty hath been pleased to confer on us during the last year, yea, in
the whole course of our lives, and further to supplicate, pray and implore
his Holy Name, with humble and contrite hearts, that His Divine Majesty
would be pleased to continue the same to us, the ensuing year, to the
Honour of His Name, to the furtherance and propagation of the GospeL
and the prosperity and salvation of us all.
That this may be performed with great devotion and unity, the Direc-
tor General and Council prohibit, during divine service on the said day of
Prayer and Thanksgiving, all exercises and amusements, tennis, ballplay-
ing, hunting, fishing, sailing; also all unlawful plays such as gaming, dice
playing, drunkenness and such like, on pain of arbitrary punishment and
correction previously enacted against the same. We also admonish and
require all Ministers within our jurisdiction to frame their prayers and
sermons to the said end. Thus done in our Assembly holden in Fort
Amsterdam in N. Netherland the 21'^ January A° 1658.
Was undersigned, P: Stuyvesant.
Lower Stood By Order of the Hon''!^ Director
Genl.and Council of N. Netherland.
C. V. Ruyven, Secrty.
348 Court Minutes of New Amsterdam. [1658
To the R. Hon''!^ Director General and Councillors of N. Netherland.
R! Hon*^!^ Sirs,
The Burgomasters and Schepens of the City of Amsterdam in N.
Netherland represent with all respect, that some Burghers and inhabitants
of the abovenamed City have presented a certain petition to this Court
whereof copy is hereunto annexed, remonstrating that your Honours were
pleased to notify Jacob Corlaar, through the Fiscal Nicasius de Sille, not
to keep any school ; and as they, the petit".''^ find themselves greatly inter-
ested thereby, inasmuch as their children forget, what the abovenamed
Jacob van Corlaar had to their great satisfaction previously taught them in
reading, writing and cyphering, which was much more than any other
person, no one excepted; therefore they request that the above named
Corlaar may be allowed again to keep school; and although the above-
named Burgomasters and two Schepens have spoken verbally thereon to
your Hon'.^ and your Hon" were not pleased to allow it, for reasons
thereunto moving your Hon'^ they therefore, in consequence of the
humble supplication of the Burghers and inhabitants aforesaid, again
request that your Hon" may be pleased to permit the abovenamed Cor-
laar again to keep school, which doing, we remain your Hon" Subjects,
The Burgomasters and Schepens.
In Amsterdam in N. Netherland the 5th March, 1658.
By ord' of the Burgom" and Schepens of the City afores'^
Joannes Nevius, Sec^
On the 2o'^ March red the apostille of the petit" w^'' reads as fol-
lows:— School teaching and the induction of School Masters depends
absolutely from the Jus Fatronatus, by virtue of which the Director Gen-
eral and Council for pregnant reasons interdicted Jacob van Corlaar, he
having presumed to take such on himself without their Order. To which
order and resolut" they still adhere. Done Fortress Amsterdam in N.
Netherland the 19 March, 1658.
By order of the Honble Director General
and Council of N. Netherland.
C. V. Ruyven, Secret^"
Thursday, 7'^ March, 1658. In the City Hall. Present the Heeren
Paulus Leendersen vander Grift, Olof Stevenson Cortlant.
1658] Court Minutes of New Amsterdam. 349
Jan Jansen van Breeste being sent for to Court, who appearing is
asked as he petitioned to be marker of beer barrels, how much he will
charge a piece ? He places that at the disposition of the Magistrates and
says one stiver per half barrel. But the Magistrates resolved and on his
petition dated 21" Feb. apostilled — Petitioner is allowed the marking of
the barrels for the time of one year and shall enjoy two stivers for each;
but the increasing or diminishing lies at the pleasure of the Burgomasters.^
according to the instruction granted him or yet to be granted.
Allard Anthony appears in Court asking, what the Magistrates had
against the a/c. They answer him pointing out some items to specify to
whom and for what.
On Claas van Elslant the Elder's petition dated the 21 Feby, where-
in he requests, that the Magistrates may be pleased to allow him to be
Keeper of the Shambles, as it is frequently demanded both by the English
and outside people, that some one may be appointed to fix a block, scales
and weights in the hall, so that they may not be at a loss, when they come
there with their meat, etc. Whereupon it is apostilled — Petitioners request
is, for certain reasons, denied.
Extraordinary Meeting on Friday 8* March 1658, In the City Hall;
Present the Heeren Paulus Leendersen van der Grift, Olof Stevensen
van Cortlant, Joannes de Peister, Pieter Wolferzen van Couwenhoven,
Isaack de Foreest.
Claas van Elslandt, the Elder, v/s Maria Verplanck and Dirck
Volckersen,* by order of the Schout, Burgomasters and Schepens, defts.
Pltf. says, the defts. refuse to pay the Church money for a grave for their,
the defts. dec'? mother. Defts. say, they have not refused as they have
once paid, and counted the money to Cornelis van Tienhoven. Pltf. i&
asked, why he was so slow in collecting the Church fees ? Answers and
declares, that Cornelis van Tienhoven said, there are your fees, I shall
make it right with the Church Wardens. Defts. say, they paid 50 gl. — 30
gl. in Holland currency and the remainder in zeawant. The Court con-
* Maria Vinje, wife of Abraham Verplanck, was a daughter of Ariantje Cuvillie,
widow of Gulyn Vinje, who took as second husband Jan Jansen Damen and died in 1655.
Dirck Volkersen married Christina Vinje, and Cornelis van Tienhoven the third sister
Rachel. Jan Vinje, ex-Schepen at this time, was their brother. He died in 1691.
350 Court Minutes of New Amsterdam. [1658
demn the heirs in general to satisfy the Church Wardens within the space
of eight days.
Schepen Pieter Wolfersen van Couwenhoven, pUf. v/s Jan Cornelisen,
arrested and deft. Deft, in default.
Schepen Isaack de Foreest, pltf. v/s Janneken Cornelis, deft., says,
that he sent for the deft, to Holland to serve him, and that she, deft.,
sought to get out of the house as soon as she was with him, abusing him
and his wife very spitefully; exhibiting in Court a contract made with
deft, demanding restitution of disbursed money for passage and board,
disbursed for her as appears by ace' exhibited to the Court, amounting to
the sum altogether of i8i fl., and says, she lived or served nine months at
his house, coming in June and going away in March. Deft, answering
says, I place myself in the hands of the Court, who having read to her the
ace' point by point and asked, if she had any thing against it, or if she
knew of it ? Answers Yes, of almost all the items. Only says, two of the
items were given her, and one item is overcharged two guilders. Whereof
the pltf. says he did not give them to her, as she had not served out her
time; and as regards the item, on which 2 gl. too many are charged, he
answers he so sold to every one. Deft, is asked how it happened, that
■she left the house ? Answers, he told me to go, which being asked of the
pltf. he answers. Yes, on paying. Deft, is asked, when your master told
you to go, did he say to you then, you have not paid me the expended
monies. Answers, that he said so, whereupon she answered, I have
nothing. Again, you may be where you can get it; we will have it.
Pltf. is asked, if he will have the girl back ? Answers No. Deft, is
asked if she will serve her master and mistress again ? Answers, No.
Pltf. says, that the deft, has stated from the first hour, that she would
pay, and that she could earn enough by sewing. Pltf. is asked, whether
he has deft's goods in his possession ? Answers, Yes, and that they are
mostly goods, which she bought. Deft, is asked, what means has she to
pay ? She must enter security for the payment of the money and then
lift the goods under bail. The Court having heard parties and examined
the a/c. amounting to the sum of fl. 181. decree, that deft, may deduct
from the a/c the fl. 7. 10 and the fl, 6., which were given her; also f of a
year earned wages and 25 gl. for freight, amounting together to the sum
of fl. 92: 10. so that there still remains to pay the sum of fl. 88: 10, which
1658] Court Minutes of New Amsterdam. 351
the deft, is ordered to make good and to pay the pltf. within the space of
three months. Meanwhile pltf. may retain the deft's goods, which he has
in his possession, until she, deft, shall have satisfied him, pltf. or shall
have entered sufificient security for the sum.
Jacob van den Bos, pltf. v/s Herman de Drayer, deft., demands from
deft, the sum of fl. 32: 13. Deft, answers, he paid the pltf. 36 gl. and is
not to pay the pltf. before the work is finished, and complains that what
he has done is not good, as he cannot lie dry in his cabin. The Court
orders Reinier Gauwkes and Cristiaen Barensen to inspect the work, see,
if it be well done and make report to the Court before the Burgomasters
and Schepens and Jacob van den Bos is ordered to render pertinent a/c
for making the work to the Court at the next Court day. Deft, is mean-
while ordered to provide suitable materials for the work.
Hans Dreper, pit. v/s Pieter Janzen, mason, deft. Deft, in default
for the 2'"'.'^ time. Pltf. demands payment of fl. 64: 11. according to a/c
exhibited in Court. The Court orders deft, to deposit the sum demanded
with the Secretary of this City within eight days time.
Aucke Bruinsen, pltf. v/s Simon Joosten, arrested and deft. Pltf.
demands payment of the sum of fl. 88. balance of an obligation of the year
1655, exhibited in Court proceeding from three ankers of brandy, sold
him deft, with interest thereon and costs of suit. Deft, admits the debt
and says he offered pltf. tobacco in payment, but that he will not accept
it. Pltf. says the tobacco is not good. The Court condemns the deft, to
pay the pltf. according to obligation with costs of suit; the attachment to
remain meanwhile valid.
Charles Morgen, pltf, v/s Antony the Frenchman, deft. Mattheus
de Vos, attorney for the pltf. demands from deft, the sum of fl. 82. Deft,
says, he paid 225 '^^ tobacco. Pltf. replies, that the tobacco was not
good, and they had made another contract with each other. Deft, says,
the first tobacco was good, but they let it spoil; being willing to prove the
tobacco was good by Goodman Koeck. The Court order Charles Morgen
to prove, that further contract was made, and Anthony the Frenchman
is ordered to prove, that he red the tobacco.
Pelgrum Clocq appears in Court and is asked, if he be willing to con-
firm on oath the declaration he made at the request of Jacob Eldersen ?
Answers, Yes.
352 Court Minutes of New Amsterdam. [1658
Nicolaas de Meyer appears in Court and demands fulfillment of the
judgment pronounced in date ii'?" Feb. Was answered that there is an
appeal from said judgment.
Monday, ii'?" March 1658. In the City Hall. Present the Heeren
Paulus Leendersen vander Grift, Olof Stevensen Cortlant, Joannes de
Peister, Pieter Wolferzen van Couwenhoven, Jacob Strycker, Isaack de
Foreest.
Burgomasters and Schepens in their extraordinary session having
seen the papers, documents and proofs used on both sides in the suit be-
tween the Schout Nicasius de Sille, pltf. and Jacob Eldersen, brewer's
servant, deft, for an offence committed by him, Jacob Eldersen, in beat-
ing and wounding Bruin Barensen dec'^ late cooper at Breuckelen, their
Worships, after mature deliberation and examination thereof, have
pronounced the following
SENTENCE.
Whereas Jacob Eldersen, brewer's servant, a good while ago seriously
beat and wounded one Bruyn Barensen with a sledge hammer with which
wood is c'.eft, according to declaration thereof, and with a broom handle
according to his own confession, whereby the abovenamed Bruyn Barensen
lay a long time bed ridden and he Jacob Eldersen was placed provision-
ally in confinement by the Schout at the request and with the consent of
the Court, and again released on bail ; nevertheless, as the longer it was
with the wounded, the worse, and the bail importuned the Schout to
have the bail bond discharged, the abovenamed Jacob Eldersen was again
placed in close confinement to await the issue of the patient, to be then
proceeded against according to the circumstances of the case; therefore
he the abovenamed Jacob having remained a few days, violated the public
prison, broke out of the same and fled away. Whereupon the Schout de-
manding citation of the absconder from the Director Gen! and Council
obtained it from their Honors, and thereupon was three several times
summoned by sound of the bell to hear all such demand and conclusion
as the Schout should have to make against him; finally, three days after
the third citation he again made his appearance, whereupon the Schout
placed him for the third time in his former prison after communication
with the ^Court of this City; and _ whereas Dirck van Schelluine being
165S] Court Minutes of New Amsterdam. 353
allowed and authorized by the aforesaid Jacob Eldersen to act for the
abovenamed Jacob, requested release of the prisoner, and having obtained
it from the Court, has proceeded in virtue of authority and consent for
the abovenamed Jacob Eldersen against the Schout in his case, which he
the Schout had against him Jacob Eldersen; which papers, documents
and proofs, used in the suit on both sides, being seen and maturely
weighed by the Court as before, they cannot find, that they avail any
thing in behalf of the aforesaid Jacob Eldersen by sufficiently proving
that he acted on the defensive; moreover, the breaking jail perpetrated
by him was a sign, that he was convinced in his mind of his guilt: They,
therefore, hereby condemn Jacob Eldersen abovenamed to pay as a fine
for his having inflicted a wound on Bruin Barensen abovenamed, the sum
of three hundred guilders; as he has broken the public jail, which justly
deserves corporal punishment, yet in consideration, that he willingly sur-
rendered himself he was therefore condemned in the sum of one hundred
guilders, all to be applied as is proper; and further in the costs of suit.
Thus done and sentenced in the Court of Burgomasters and Schepens of
the City of Amsterdam in N. Netherland. Datum ut supra.
By order of the Burgomasters and Schepens of the City above-
named,
Joannes Nevius, Secre'.^
Monday iS'."" March 165 8: In the City Hall. Present the Heereu
Paulus Leendersen van der Grift, Olof Stevensen Cortlant, Joannes de
Peister, Pieter Wolfersen van Couwenhoven, Jacob Strycker, Cornelis
Steenwyck, Isaack de Foreest.
Allard Anthony, pltf. v/s Isaac Mens, deft., arrested. Pltf. in virtue
of procuration dated 19'-'' Decemb' executed by the employers of the deft.
Isaack Mens before the Notary Vincent Swanenburgh and certain wit-
nesses and exhibited in Court, demands from the deft., firstly, all the-
obligations which he deft, conveyed to his principals according to notarial
acte executed in date 27* Novemb' 1657 before the Notary Pieter van
Buitene and certain witnesses; also produced in Court. Secondly, if
there be more debts outstanding than are conveyed, that they be com-
municated to the pltf. and deliver up his books to the pltf. Thirdly^
satisfaction for the fl. 1162: 9, which he paid Cornelis Steenwyck for his.
VOL. 11.-23
354 Court Minutes of New Amsterdam. [1658
own debt out of the capital of his principals, according to notarial acte
thereof executed in date lo'f" Decemb^ 1657 before the Notary Jacob
van Swieten and certain witnesses — also exhibited in Court. Fourthly,
demands that the Court be pleased to order that until he shall have given
him satisfaction on the aforesaid, his goods must remain here for his
security, or otherwise sufiflcient bail. Deft, declares, he has not seen any
notary, nor executed any thing before them. Pltf. produces in Court a
letter written to him by the owners of Isaack Mens, wherein they write,
that Isaack Mens had stated, they should have none of the debts as they
would not give him any return cargoes. Deft, answers he filliped with
his thumb and face, you may have so much of your debts; produces in
Court his book, wherein he had written every thing, but the Court found
no clear explanation in it of his proceedings. Pltf. appears in Court and
demands that he may hold the goods attached. The Court grant the pltf.
attachment against the deft's person and goods, until he shall have given
sufficient security for the judgment, and order copies of the demand, obli-
gation and conveyance to be furnished deft, to answer thereunto in writing
between this and next Monday.
Jacob Wolfersen van Couwenhoven, pltf. v/s Ragel van Tienhoven,
and Schepen Pieter Wolfersen van Couwenhoven, defts. Pltf. demands the
sum of fl. 138. as per a/c. exhibited in Court. Mattheus de Vos, att'y of
Ragel van Tienhoven, deft, answers, he will examine the books to see, if
any thing be paid thereon, and requests postponement until next Monday.
The Court grant De Vos' request.
Christina Hay, pltf. v/s Isaack Mens, arrest^ and deft. Pltf. de-
mands payment of fl. 787. in cargoes i. e. goods according to obligation
executed by deft, in date first August 1657, whereupon she says she rec"!
eight beavers. Deft, admits the debt and declares, he has no objection
to make to it, except that it must be paid from Moesman's effects. Inas-
much as it is not specified, at what rate the goods shall be rec'?, the pltf.
requests that the Magistrates will be pleased to make such disposition
therein, as they shall find best, as she will not willingly go to law about it.
The Court orders the deft, to pay pltf. according to obligation, deducting
what has been paid thereon; meanwhile the attachment is declared valid
until she, pltf., is paid, he holding his recourse against Moesman.
Hans Dreper, pltf. v/s Pieter Janzen, mason, deft. Both in default.
1658] Court Minutes of New Amsterdam. 355
Lauwerens Turner, pltf. v/s Deman Kimmit deft. Both in default.
Pieter Taalman, pltf. v/s Rutger Jansen, deft. Deft, in default.
Evert Duyckingh, pltf. v/s Sibout Claasen, deft. Pltf. demands from
the deft, the sum of fl. 300. and a pair of wheels for a/c of Jan Reidersen,
from whom the deft, has procuration, with interest and damage. Deft,
answers and admits he is attorney, but says has not got in any of Jan
Reidersen's debts; as soon as he receives the same he will pay. The
Court orders deft, to pay the pltf. within 14 days time, or that the pltf.
may look to the mortgage.
Nicolaas de Meyer appears in Court exhibiting the declaration of
Cornelis van Ruyven dated 11* March 1658 to the effect, that there is no
appeal to his knowledge before the Director General and Council of N:
Netherland from the judgment pronounced by Burgomasters and Schepens
in date ii'!" Feby, and demands therefore, that the said sentence may
take its effect, and the mortgage be annulled by Walewyn van der Veen's
att'y. The Court grant the petition^ his request and order Walewyn van
der Veen's att'y to annul the mortgage of the stone house, mill, and lot.
Schepen Pieter Wolfersen van Couwenhoven requests, as Dirck van
Schelluyn has failed to prove, that the pease were received for his a/c,
he, Schelluyne, may be condemned to pay the judgment pronounced by
the Court. . ...^;
Schepen Isaack de Foreest requests revision of the judgment pro-
nounced by the Court in date II'^ March 1658. The Court grant him
revision.
The Court having examined Pieter Taalman's a/c ag'st Tomas
Yongh, approved the same.
Tuesday, 19* March. In the City Hall. Present the Heeren Paulus
Leendersen vander Grift, Olof Stevensen Cortlandt.
On Pieter Schabanck, the Jailor's, petition presented in date
wherein he requests that he may lay in beer for the prisoners, also,
wine and liquors, free of excise, likewise fire and light gratis, is apostilled
— Petitioner's request is granted, provided he does not allow any clubs
directly or indirectly.
Cristina Hay appearing in Court requests, that the Magistrates be
pleased to order two persons to appraise the goods, which she must have
356 Court Minutes of New Amsterdam. [1658
according to obligation from Isaack Mens pursuant to judgment pro-
nounced dated i8'I' March. Under an extract from the judgment is
therefore added as follows — This date 19. March 1658, the Burgomasters
of the City of Amsterdam in N : Netherland order the persons of Pieter
Cornelisen vander Veen and Isaack Grevera to appraise the goods in pay-
ment of the obligation according to judgment hereinbefore mentioned.
Done as above.
The Magistrates resolved to draft a petition to request the Director
General and Council, that the estate of Joghim Pietersen Kuiter dec*?,
also that of Pieter Anthony may be regulated, either by order of the
Hon*"'." Director General and Council or by the Burgomasters of the City
of Amsterdam in N. Netherland.
INSTRUCTION FOR THE BRANDER OF BEER BARRELS OF THE CITY OF
AMSTERDAM IN N: NETHERLAND.
First, he shall be bound to pay good attention, that the barrels, be-
fore he brands them, have been made of the proper size, neither too big
nor too little, and to brand those so manufactured.
Secondly, he is to pay equal attention to his own barrels and to
brand them of their proper size, and not otherwise, under forfeiture of his
work and threefold the value thereof.
Thirdly, he is charged to brand anew all the barrels in the brewers,
houses with the mark of the year 1658, for which he shall receive for each
one stiver.
Fourthly, he shall be bound to serve each and every one without;
delay or impediment, and for this purpose he shall remain at his domicile
within this City, or going out to leave word, where he shall be found, and
to demean himself as much as possible above complaint.
Fifthly, for every barrel presented to him to be branded he may de-
mand and receive two stivers, on condition of paying good attention to
their size, that they be not to big nor too little.
Sixthly, the branding of the barrels is granted to him, but the in-
crease and decrease of the fee on each shall remain discretionary with the
Heeren Burgomasters.
Finally and lastly, he shall promise and swear to demean himself
1658] Court Minutes of New Amsterdam. 357
faithfully and uprightly in this his aforesaid office, without bearing or
evincing in any manner any favor or malice.
And to the aforesaid office is elected and chosen Jan Jansen van
Breste, cooper, who has taken the proper oath of fidelity.
Thursday, 21" March 165S. In the City Hall. Present the Heeren
Paulus Leenderzen vander Grift, Olof Stevenzen Cortlant.
Schout Nicasius de Sille appears in Court stating, that Pieter Taal-
man requested him to imprison Tomas Yongh, as he cannot get any
money from him pursuant to judgment. Tomas Yongh is asked, why he
does not pay Taalman's a/c ? Answers, he shall do so, requesting some
one may be sent for the money, which is done. Meanwhile the Schout
was ordered not to suft'er him to quit the City Hall, before he has paid.
The Magistrates order the Secretary to furnish commissions to the
Church Warden and Orphan Master.
Hans Vos, residing at Fort Orange, appears with Jacob van Corlaar
in Court stating to the Burgomasters, that he had requested the Director
General and Council by petition exhibited in Court, that he may have
again his wife's little boy, begat by Arent van Hattum and bound by said
Van Hattum to the abovenamed Corlaar for the term of four consecutive
years, as the time is expired. On which petition the Director General and
Council refer him to the Court of this City, of whom he makes the same re-
quest. Jacob van Corlaar answers, that Arent van Hattum bound his boy to
him on condition not to give him to any person, than to himself. Whereupon
he is asked if there be any written contract of it made ? Answers, Yes,
and that it was written by David Provoost dec'^ And whereas the above-
named David's papers remain with the Notary de Vos, Hans de Vos and
Jacob van Corlaar are ordered to proceed with a written order to the
Notary de Vos abovenamed to enquire for the contract. The above-
named Corlaar says his wife is better acquainted with the matter than he,
as the aforesaid van Hattum agreed with her and appearing in Court
with the child, she declares, that Arent van Hattum agreed wdth her,
that the child should live with her, for the period of five consecutive
years and that for his board and clothing; and should said van Hattum
return within four years, that the child shall be delivered up to him on
condition of paying 50 gl., because he had lived five years with her, ac-
35^ Court Minutes of New Amsterdam. [1658.
cording to the before mentioned contract, and further says that Jacques-
Corteljou is guardian to the child.
Friday, 22"^ March 1658. In the Court of the Burgomasters aforesaid.
Jacques Corteljou appears in the Burgomasters' Court, who is asked,
if he be guardian over Arent van Hattum's child living with Jacob van
Corlaar ? Answers does not know of his knowledge that he is guardian,,
but that van Hattum told him to have an eye to the child, and that the
Notary Dirck Van Schelluyne drew up the power of attorney to look after
his things in this country, and if he be guardian over the child, it must
appear in the power. Dirck van Schelluyne appearing in Court is asked,
if he drew up a power for Van Hattum, and if he is aware, whether it is-
mentioned in said procuration that Jacques Corteljou is guardian over the
child ? Answers, he drew up the procuration, that Jacques abovenamed
should look after Van Hattum's property in this country only, but not for
any guardianship. Jacob van Corlaar appears in Court ; is asked,
whether he has obtained copy of the contract. Answers, there is no-
contract. Says further, that he will keep the child for board and cloth-
ing, but if the Magistrates shall please to take the child from him and to-
give him to Hans Vos, he requests the Magistrates should clear him from
any protest, which Van Hattum may in consequence make. Whereupon,
he is asked, if the boy be given to Hans, what he should ask for board
and clothing ? Answers, cannot have less than a Rix dollar per week.
Hans Vos appears in Court, is asked if he should be content to leave the
child another year with Jacob van Corlaar ? Answers, he is in need of
the child. Whereupon he is asked, if he be willing to pay Corlaar afore-
said for the board and clothing during the time the child resided with
him, or if he will leave the child there another year ? Answers, will leave
the child with him, Corlaar, another year, as he wanted the child so>
urgently only to have him taught something. The Court having heard
parties and that Hans Vos consents that the aforesaid child remain
another year with Jacob van Corlaar, therefore orders that the aforesaid
child shall remain another year with the abovenamed Corlaar, when the
five years shall have expired according to the verbal agreement.
To the Right Hon'"'.' Director General and Councillors of N: Netherlands
Right Hon^!" Sirs,
1658] Court Minutes of New Amsterdam. 359
The Burgomasters of the City Amsterdam in N. Netherland respect-
fully represent, that they have been importuned at divers times and by
divers persons interested both in the estate of Joghim Pietersen Cuyter
dec*^ and in that of Pieter Anthony dec'! to regulate the aforesaid estates,
so that they may get their own, and as they will not act in the said affair
without your Honors knowledge and authority, as the lands lie without
our limits and we would willingly be exonerated of the trouble, we
therefore request respectfully that it may please your Hon'? to let us know
your pleasure, whether you will do it yourselves or order, how it shall be
done in order that the creditors may get their own and we be released
from the trouble. Awaiting hereupon your Hon"? favorable disposition
we remain your Hon'? humble servants. The Burgomasters.
By order of the Burgomasters of the
City of Amsterdam in N. Netherland.
Joannes Nevius, Secretary.
APOSTILLE.
The Burgomasf? are hereby authorized to appoint and qualify such
persons for the management and regulation of the affairs herein men-
tioned as they shall judge best and fittest. Done Fortress Amsterdam in
N: Netherl'! the 26. March A° 1658. By Order of the D' Genl and
Councillors of N. Netherll
C. van Ruyven, Secretary.
Monday, 25'^ March: 1658. In the City Hall. Present the Heeren
Nicasius de Sille, Paulus Leendersen vander Grift, Olof Stevenzen Cort-
lant, Joannes de Peister, Pieter Wolferzen van Couwenhoven, Jacob
Strycker, Isaack de Foreest.
The President states, that there are several of the inhabitants of this
City, who have purchased their Burgher right for a year and a day and
do not pay; and whenever the City Messenger goes for payment, they
answer, they have no money, proceeding to scoff at and censure the Bur-
gomasters; and though it be a matter, which concerns the Burgomasters
alone, nevertheless that it be known to the Schepens, it is therefore com-
municated to the Court to remember it.
Schout Nicasius de Sille, pltf. v/s Saartje Steendam, deft. Pltf.
360 Court Minutes of New Amsterdam. [1658
states, that he has summoned deft, on the 14* January for having railed
at the Fire Wardens as Buck-sweeps, and that she was unwilling to ap-
pear. Nevertheless she was condemned by the Court in a fine of twelve
guilders to be properly applied, but has not paid it. Demands therefore
that the condemnation be executed. Deft's husband appearing in Court
answers, maintains his wife was not subject to the penalty, inasmuch as
she said with a laughing mouth, Be you now keeping holiday amongst you,
Chimney Sweeps ? And as she was heretofore familiar with some of the
Fire Wardens, she did not think, they would so take it, and that she would
have appeared on the last summons, but came too late, as she is a woman,
who feels timorous in coming before the Court. The Magistrates tell the
deft., that such words must not be spoken to the public servants, and
further ask the deft, if he has any thing more to say ? Answers, No.
The Court persists in its previous judgment, and orders deft, to pay the
ofiicer in the time of twice 24 hours with costs thereof.
Schout Nicasius de Sille, pltf. v/s Madaleen Vincent, deft. Pltf.
demands payment from the deft, of the judgment pronounced by the
Court in date 7* January. Deft, answers where are the witnesses, who
testified against me. I shall summon them before the Council.
The Heer Allard Anthony as Attorney of the owners of I: Mens, pltf.
v/s Isaack Mens, deft., demands the obligations, which he, deft., conveyed
to his owners, and that he may remove the goods, which deft, has in the
public store, under sufficient bail ; and further demands as the arbitrators
to arrange the questions and differences between him deft, and Jacob
Jansen Moesman are in session, he may be also present as it is a case,
which concerns the employers of Isaack Mens. Deft, is asked, what he
has done in the case, with which he was charged on the last Court day ?
Answers, that the Notary Mattheus de Vos, who is engaged in the case,
which he has against the pltf., answers, he can do nothing in it and even
does not know, what to do ; requesting further by petition that the Court
may be pleased to order and authorize a person besides Pieter Cornelissen
vander Veen to settle the differences and difficulties, which he has with
Jacob Jansen Moesman. The Court give the deft, still eight days respite,
to defend his case properly in writing, and order and authorize Nicolaes
de Meyer with Pieter Cornelissen vander Veen, in the differences of a/c.
which he has with Jacob Jansen'^Moesman, to reconcile parties and settle
1658] Court Minutes of New Amsterdam. 361
the a/c. in the presence of Schepen Cornells Steenwyck, or else to report
their action to the Court.
Joris Wolsy, pltf. v/s Jan Coopal, deft., demands payment of 13
hogsheads of tobacco, which he deft, bought for the sum of 200 gl. cash,
and says there were two or three others, who would buy the tobacco, and
he deft, hearing so came with Jan Lauwerens and agreed with him, and
that the others came afterwards and then the sale was made. Deft,
admits, he bought the tobacco on condition, that it was not trash. Where-
upon pltf. had said, It is just as it came from the Virginias. Declares
further, that he on opening it found, it was all bad and nothing but trash;
being willing to verify it with testimony, even three or four; exhibiting
two declarations to the Court and says that he, pltf., came into the cellar,
whilst the tobacco was opening, and he asked him, if it were all so ? He
answered the best shall come last. Whereupon the deft, asked, if it be all
so, shall I pay anything for it ? He gave for answer, we shall speak
thereof afterwards. Joris Wolsy appearing in Court, is asked if he will
truly declare on oath, that it was repacked with his knowledge ? An-
swers, Yes. Was further asked, if he sold him the tobacco, as it came out
of the Virginias ? Answers, does not know, if he sold him the tobacco
as it came from the Virginias, and says Jans Lauwerens was by. The
Court order parties on both sides to produce proof.
Schepen Pieter Wolfersen van Couwenhoven, pltf. v/s Dirck van
Schelluyne, deft., demands payment pursuant to judgment pronounced
by the Court, and says the deft, is ordered to prove the 40 skepels pease,
which he says, he delivered to him, pltf., in discharge of the bail bond,
wherein he to this date remains default. Deft, says, he cannot bring any
other proof, than Oloff Stevensen Cortlant and Tomas Hal, who is in the
Virginias. Olof Stevensen answers. Knows nothing about it. Deft, says
he cannot give other proof. Dirck van Schelluyne appears in Court, is
asked if the price~for the 40 skepels of pease was agreed on ? Answers,
thinks Yes, and that it must be on the pltfs. note. Schepen Pieter Wol-
fersen van Couwenhoven appears in Court and exhibits the note, whereon
the skepel is reckoned at fl. 2: 15., but says it was not delivered for his
a/c. but to his brother; also has not bought the contract and that it must
have been made known to him. Deft, says, nothing at all was made
known to him, when it was delivered. Jacob Wolfersen appears in
362 Court Minutes of New Amsterdam. [1658
Court; is asked if the 40 skepels of pease are delivered for his a/c or for
his brother's ? Answers, knows nothing of it, whether they were de-
livered for his, or for his brother's a/c. And declares he did not enter
the receipt on his a/c, but a long time afterwards. The Court having
heard parties, also the declaration of Jacob Wolferzen van Couwenhoven,
decree, that the aforesaid 40 skepels of pease shall go in a/c to the dis-
charge of the bailbond, inasmuch as Jacob Wolfersen abovenamed
declares, he knows nothing of the matter except that he entered the pease
in the a/c long after the delivery thereof, on the statement of his brother;
and that the pltf. Pieter Wolfersen van Couwenhoven shall hold his guar-
antee on his brother.
Joannes Nevius, pltf. v/s Anna Webbers, deft., demands from the
deft, payment of the sum of fl. 31. 15. 8 balance of a/c exhibited to the
Court. Deft, has nothing against the a/c, but says, the pltf. or his wife
had told his daughter, whom deft, had hired to the pltf. for the space of
a year, to quit the house, and says that in law if a master or mistress bid
a maid or man servant leave the house before the expiration of the time
without weighty reasons, he is bound to pay the full wages. Pltf. replies,
the deft's daughter had burnt the child's fingers, and thereupon he bade
her go away, and declares further that he had hired his daughter on con-
dition, if she did not please him in a quarter of a year, they might separ-
ate. Which deft, denies. Joannes Nevius appearing in Court is asked,
if he can prove, that he hired deft's daughter on such conditions ? An-
swers, he maintains. Yes. The Court orders party on both sides to bring
in their proof on the next Court day.
Jacob Wolfersen van Couwenhoven, pltf. v/s Merritje Joris, deft.
Deft, in default.
Paulus Schrick, pltf. v/s Abraham Verplanck, deft. Pltf. as atV. of
Caspar Verlett dwelling in New England exhibits in Court certain petition
wherein he represents that the said Verlett had become bail for one Ise-
brandt Dircksen Goethert * and the said Goethert to indemnify Verlett
made over in pledge, amongst other things, an action against Abraham
Verplanck for a considerable sum, who being spoken to about it declares,
he is not indebted. He therefore requests of the Court, that the said
Verplanck may be heard thereon to declare the truth thereof on oath the
* Goddard. (?)
1658] Court Minutes of New Amsterdam. 363
Court consenting. Deft. Abraham Verplanck is asked, if he be not in-
debted to Isebrandt Dircksen Goethert ? Answers No; and declares he
has paid him fl. 500. more than he owed him. Abraham Verplanck ap-
pears in Court and declares, that he is not indebted to Isebrandt Dircksen
Goethert and afifirmed the same on oath in Court.
Paulus Schrick, pltf. v/s Wolfert Webber, deft. Pltf. as att?' of
Caspar Verlett residing in N. England requests, that the deft. Wolfert
Webber shall declare on oath, if he has paid for the two cows, which he
received from Isebrandt Dircksen Goethert. Deft. Wolfert Webber de-
clares before the Court, that he has satisfied said Goethert for the two
cows, w"!] he Webber had in the stable of Isebrandt Dircksen Goethert,
confirming the same on oath in Court.
Dirck Jansen Croon, pltf. v/s Mattheus de Vos, deft., says he has
an obligation of Jan Geraa for the sum of fl. 470. and that deft's wife is
security for it, and as neither of them is present, he has therefore sum-
moned Mattheus [de Vos. Deft, says, he has nothing to do with it,
inasmuch as he has no community in his wife's property, according to
declaration exhibited in Court. The Court gives the deft, two months
time or until the arrival of his wife, and orders him meanwhile to write to
his wife about it.
Lauwerens Torner, pltf. v/s Andrees Hoppe, deft., says he sold deft,
two hogsheads of tobacco weighing lb. 650. English weight @ 4 stiv: the
lb. as it was somewhat wet, and that the tobacco was at Casper Stymens.
and he conveyed it from thence and promised to pay Caspar aforesaid
thereon fl. 12., which he pltf. owed. Deft, answers, that he pltf. offered
to sell him the tobacco and they agreed together for 4 stiv. the lb. for
good tobacco, and that he had, on this condition, had the tobacco con-
veyed to his house, saw that the water ran out of it, and asked pltf. to put
the good tobacco out of the tubs, which as yet remains undone, claiming
from deft, storage for the time, that the tobacco stood in his house, and
if it is spoiled, it is at his risk. The Court orders deft, to prove, that he
bought good tobacco.
Sibout Clasen, pltf. v/s Jacob Stoffelsen, deft. Pltf. demands from
deft, for Jan Reidersen's a/c the sum of fl. 50. for wages earned by Jan
Reidersen, whom the deft, had set to work in the erecting the Company's
house at Pavonia. Deft, answers, he had orders from the General to have
364 Court Minutes of New Amsterdam. [1658
the Company's house at Pavonia erected, and that the General promised
to pay in grain, but now says, he knows nothing of it. The Court con-
demns the deft, to pay the pltf.
Jacob Hay appears in Court, demands his pay according to obliga-
tion, exhibited in Court last Monday being the i8* instant, and says, that
the arbitrators will have a compromise signed, that it was referred to them,
what had therein been done, to which he will not consent as he will not
let his power out of his hands. The Court orders the arbitrators to ap-
praise the goods, market value, and to communicate their value to the
President.
On Raghel van Tynhoven's petition is apostilled — The petitioner is
granted 8 days time.
On Jan Denman's petition is apostilled: Petitioner's request is, for
reasons, denied.
On Jacob van Corlaar's petition is apostilled: The attachment is ad-
mitted good, and the petitioner is ordered to specify the attached goods
of Willem Smitt; and as regards the plantation, it does not concern this
place, but the petitioner has to apply to the Director General and Council.
Hans Dreper appears in Court requesting, that he may attach the
monies of Pieter Jansen, mason, under Geurt Coerten's hands. The
Court allow the petitioner to attach the monies in Geurt Coerten's hands
for as much as there is due him.
RENEWAL OF THE ORDINANCE ENACTED AMONG OTHERS BY THE COURTS ON
THE SUBJECT OF APPEARING AT AND ABSENTING FROM THE MEETING.
Firstly, whoever comes half an hour too late shall pay a forfeit of lo
stiv.
Secondly, whoever comes one hour too late shall forfeit 20 stiv.
Thirdly, whoever remains absent shall pay 40 stiv.
But herein are excepted all such as shall leave to attend to their busi-
ness at Fort Orange, the South River or New England; also whoever is
sick shall not pay forfeit; also such as have just cause of absence. Which
remains after proof at the discretion of the Court.
Which fines must be paid without any simulation on the next follow-
ing attendance, if those who, incur the forfeit have no money, when the
fines are imposed, to be employed and laid out as they shall agree
together. Done 25'!^ March 1658. In the City Hall at the Meeting of
1658] Court Minutes of New Amsterdam. 365
Schout, Burgomasters and Schepens of the City of Amsterdam in N.
Netherland, who for the Observance of the abovewritten have subscribed
These. P: L. van die Grift,
Oloff Stevensen,
Johannis de Peyster,
Pieter van Couwenhoven,
Jacob Strycker,
Cornelis Steenwyck,
Isaack de Foreest.
The Burgomasters of the City of Amsterdam in New Netherland
order, that from now henceforward, all, who will buy the Great or Small
Burgher right, shall promptly pay into the Treasury of this City, and those
who have already bought are ordered to pay the Treasurer in the time of
24 hours on pain of execution. Thus done at Amsterdam in N. Nether-
land 26'!' March 165 8.
This day, 26'.'' March 1658, the Heeren Burgomasters aforesaid having
seen the award of arbitrators regarding the valuation of the goods in
question between J. Hay and J: Mens, with which parties are not satis-
fied, Therefore Burgomasters having examined the matter, find that the
duffels were sold for fl. 4 the ell payable in tobacco and the blankets 50
'.'' tobacco each. They therefore order parties to regulate themselves ac-
cordingly, the duffels at fl. 4. the ell, and the blankets at fl. 15^ in tobacco.
Thus done. By Order of the Burgomasters and president of the Schepens.
Ady. as above. The President states, that the General made known,
there are 2 feet 3 inches of ground lying between the house and lot of
Sibout Claasen and the house left by Joghim Pietersen Cuiter dec*^ pur-
chased by Hendrick Jansen vander Vin, and the General decides it must
be built on and no passage be left. Burgomasters therefore order, that
the abovenamed Vander Vin may take possession of it, on condition that
he pay therefor according to the valuation of 2 arbitrators appointed there-
unto by the Magistrates, and for the valuation of the aforesaid gangway-
are chosen Adolf Pietersen and Sibout Claasen, which valuation he Van-
der Vin shall make good to the owner, Cornelis Melein.
Here followeth the commission: —
Sibout Claasen and Adolf Pietersen are hereby ordered and author-
ized by the Burgomasters of this City to appraize the piece of a lot lying
366 Court Minutes of New Amsterdam. [1658
between said Sibout Clasen and the house and lot belonging to the late
Schepen Hend: Jansen vander Vin and to communciate their valuation
to the President of the Burgomasters and Schepens. Thus done at Am-
sterdam in N: Netherland, 26^*; March 1658.
Thursday, 28'? March 1658. In the City Hall. Present the Heeren
Paulus Leendersen vander Grift and Olof Steven Cortlandt.
Schepen Isaack de Foreest appears in Court, complaining that the
Inhabitants of the Brewers' Street,* who imposed on themselves the tax
for the benefit of the street in order to its being paved, are unwilling to
pay, requesting that the Magistrates may be pleased to order payment.
The Heer A. Antony exhibits an a/c in Court.
Schepen Pieter Wolfers" van Couwenhoven exhibits in Court an a/c
for delivered plank for the benefit as well of the City as Fort; requesting
by petition, payment. Whereupon is apostilled — The Burgomasters
undertake to pay for the half of the abovementioned planks, as according
to declaration hereunto annexed the planks were rode as well for the City
as Fort.
Salomon la Chair requests by petition to know if the street lying
beside his lot to the left of Carel van Brugge and bought from him shall
be given for a lot; or if a street shall remain, and demands a categorical
answer. Is thereupon apostilled — The street remains provisionally in its
effect for the use of the City until further order.
Jacob Kip appears in Court giving explanation of his service in the
receiving the excise on cattle, beer and wines, and states that he paid on
the 17* August 1656 to the sheeting of Joghim Pietersen's (lot) 12 gl., de-
clares further, that he rec"? from the City's income, when he was himself
Receiver, his two years wages. The Burgomasters deduct 25 gl. from
said Kip's lot, so as to pay the Treasurer 200 gl. instead of 225 gl.
Aucke Bruynsen and Dirck Volckersen appear in Court and said
Auke requests his lot to be set off. The Magistrates give for answer,
that the Surveyor shall be ordered to measure off their share for parties
and to satisfy parties.
Whereas the Burgomasters rec'? on the 26'!' March 1658. per apostille
to their petition, to order and qualify persons to regulate the estate of
* Now Stone Str.
1658] Court Minutes of New Amsterdam. 367
Joghim Pietersen Cuiter dec*^, as they shall judge to be best and most
fitting; they therefore order and qualify hereby N. Verlett and I. Ebbing
for the regulation of the estate of Joghim Pietersen Cuiter aforesaid; and
M. de Vos and P. Adolfus for P. Anthony's estate.
Monday, pritno April 1658. In the City Hall. Present the Heeren
Nicasius de Sille, Paulus Leendersen vander Grift, Olof Stevensen Cort-
landt, Joannes de Peister, Pieter Wolfersen van Couwenhoven, Jacob
Strycker, Cornelis Steenwyck, Is^ack de Foreest.
Allard Anthony, pltf. v/s Isaack Mens, deft. Deft, presents in Court
his answer, in writing to the demand of the pltf. entered on 25'.'' March.
Pltf. demands copy. The Court orders copy to be furnished to party, to
answer thereunto at the next Court day.
Joannes Nevius, pltf. v/s Anna Webber, deft., presents in Court,
pursuant to the order of the Court dated 25'^ March 1658, the condition
whereupon he hired deft's daughter. Deft, exhibits a declaration in
Court, wherein she proves, that the pltf. hired her daughter for one year.
The Court condemns the pltf. to pay the deft, a half year's wages for
what her daughter earned at his house, as he ordered her to quit his
house.
Jacob Wolfersen van Couwenhoven, pltf. v/s Mary Karreman, deft.
The W. Court orders deft, to cause her husband to appear,
Rutgert Jansen, pltf. v/s Jan Cornelisen, deft. Deft, in default, but
he is excused on account of sickness.
Fredrick Flipzen, pltf. v/s Hermen Jacobsen, deft., demands pay-
ment of seven hundred and four guilders in beavers and requests that the
deft, may remain so long in arrest, until he shall have paid or given suffi-
cient bail. Deft, admits the debt and says he gave pltf. a note, to receive
his pay in the Esopus in grain at market value in beavers. The Court
declares the attachment valid.
Marckus de Sousoy, pltf. v/s Jan Smedes, deft. Pltf. as att^ of
Jaspar Kincking demands in virtue thereof for a/c of said Jasper, from
deft, the sum of twenty two guilders according to obligation, wherein the
deft, promises five beavers for fl. 22. Deft, admits the debt and promises
to pay as soon as he can. The Court orders the deft, to pay the pltf. ac-
cording to obligation.
368 Court Minutes of New Amsterdam. [1658
Markus de Sousoy, pltf. v/s Burger Jorisen, deft. Pltf. says he hired
a mill * from deft, and that the deft, stated the mill could grind 36
skepels in one day, but it cannot grind more than 3 skepels. Deft,
answers, that the pltf. ill understood it and that he said the mill could
grind 6 skepels a day or ;^6 skepels per week, exhibiting in Court certain
contract made about the lease. The Court refer them to the contract
made by Mattheus de Vos.
Nicolaas de Meyer, pltf. v/s Schepen Cornelis Steenwyck and Pieter
Jacobsen Buis, defts. Pltf. again demands, that the judgment dated 11
Feb'; 1658. may be paid. Defts. answer, they have nothing to do with
the pltf. and if he have any claim he may look to Jacob Wolfersen van
Couwenhoven. Whereas it appears by certificate of Cornelis van Ruyven,
Secretary, dated 11. March 1658, that no appeal is lodged with Director
General and Council of N. Netherland to the judgment dated II'^ Feb'T
of the said year pronounced by the Court, the Court orders again, that
Walewyn van der Veen's attorney shall annul the mortgage within 3 times
24 hours on a penalty of one hundred guilders to be forfeited in default
thereof.
Jan Lauwerens, pltf. v/s Willem Weit, deft. Pltf. demands of Rob-
bert Sley the sum of four hundred and ninety six guilders, eight stivers.
Deft, declares he has no objection to it, but says has nothing to do with
the matter. Pltf. demands an interpreter to interpret it, which is allowed
him. Pieter Taalman appears in Court as interpreter, the Court explain-
ing the nature of the case. The Court having heard parties and what has
been interpreted by Pieter Taalman, declares the attachment on Robert
Sley's goods valid.
Aucke, Bruynsen, pltf. v/s Dirck Volckersen, deft., demands, that he
may set off his place, which he bought from the deft. The Burgomasters
inform the Court of the inspection taken by them of the ground in ques-
tion, also the contract made thereof and that Dirck Volckersen cannot
fulfill it. The Court therefore allows Aucke Bruynsen to set off his
ground as Dirck Volckersen has no ground to make a common passage.
Schepen Cornelis Steenwyck presents a petition to the Court, in
which he requests payment of fl. 935 : together with all loss and interest
* This was a tidemill on Dutch Kills, Newtown. See Riker, Hist, of Newtown,
16, 21.
1658] Court Minutes of New Amsterdam. 369
accrued thereon, arising from planks and nails delivered in the time of
the English troubles for erecting the entrenchments of this City. Where-
upon is apostilled — Whereas a petition was presented in date the ii. Sep-
temb' 1656 to the Director General and Council regarding the payment
of the old debts incurred for the public defence in the English troubles,
whereon they have partially received an apostille, and have sent said
request with the apostille thereon, with a letter respecting the matter to
the Lords Patroons, but have rec^ no answer; they therefore refer the
petitioner to the Director Gen! and Council of N. Netherland.
Jacob Wolfersen van Couwenhoven, pltf. v/s Mighiel Paulusen, deft.,
demands that the deft, shall fulfill his contract. The Court asks the pltf.
wherein the deft, fails to observe his contract ? Answers, in every point.
First, he ought to have ridden timber and he has not done so; and that
he had an interest to work underhand therein. Deft, answers as regards
the riding the timber, it was not his fault, as the horse must be shod and
promises to do his best to perform the contract.
Jan Denman appears in Court with Pieter Taalman, stating that he
had presented a petition to the last Court, wherein he requested permis-
sion to tap, exhibiting the same to the Court, whereupon is apostilled —
That petitioner's request is for certain reasons denied. Whereupon he is
informed the principal reason is, that there is so great a noise and racket,
that the whole neighbourhood is kept awake. Whereunto he answers,
that such occurred in his absence, being gone to Boston. The Court
reply, to pay attention to his conduct, and that such disposition shall be
made as circumstances permit.
Schepen Pieter Wolfersen van Couwenhoven demands revision of the
judgment pronounced in date 25* March 1658, which the Court allows him.
Mighiel Jansen appears in Court exhibiting the a/c existing between
him and Bruin Barensen ded and requests approbation thereof. The
Court order a certain item mentioned in the procuration to be brought
into the a/c. and they shall then approve it.
Joris Wolsy and Jan Copal appear in Court, Joris Wolsey as pltf. ex-
hibits in Court certain claim in writing against Jan Coopal. Jan Coopal
as deft, answers, that the pltf. admitted last Monday to the Court, he sold
him the tobacco, as it came from Virginia. Whereupon he delivers an
affidavit of two persons in Court relative to the bad quality of the tobacco.,
VOL. 11.-24
Zjo Court Minutes of New Amsterdam. [1658
which he bought from Joris Wolsy. Pltf. requests, that Jan Lauwerensen
may appear and declare, what he knows of the tobacco in question, which
is allowed him. Jan Lauwerensen appearing in Court is asked, what
knowledge he has of the sale of the tobacco, and declares, he was present
at the trade, but does not know, what Joris Wolsy demanded for it, and
does not know any particular circumstances, that occurred nor can he
swear to anything that happened. Pltf. delivers in written evidence.
Deft, demands copy. The Court orders parties to furnish copy to answer
thereunto at the next Court day.
Sibout Clasen appears in Court stating, that he has rec'? a judgment
against Jacob Stoffelsen, and that it is stated therein, that Jacob Stoffel-
sen must pay, but no time is designated. The Court answers that he may
apply for it when he pleases, for when no time is designated, he may
apply for payment from the first moment.
Madaleen Vincent requests by petition, that she may call Mr, Beeck-
man before the Court to ascertain, if he will declare that she had ex-
pressed any abusive words against him. The Court persist by their
previous judgment.
This day 2I April 1658, Schepen Cornelis Steenwyck and Pieter
Jacobsen Puis appear at the office of the Secretary of this City of Amster-
dam in N: Netherland, who declare that they appeal to the Director
General and Council of N. Netherland from the judgment pronounced in
date the first inst. by the Court of this City, between them appellants and
Nicolaas Meyer.
Monday, 8* April 1658: In the City Hall. Present the Heeren
Nicasius de Sille, Paulus Leendersen vander Grift, Olof Stevensen Cort-
landt, Joannes de Peister, Pieter Wolfertsen van Couwenhoven, Jacob
Strycker, Cornelis Steenwyck, Isaack de Foreest.
Schout Nicasius de Sille, pltf. v/s Jacob Eldersen, deft. Deft, in
default.
Allard Anthony, pltf. v/s Dirckie Hernias, deft. Deft, in default.
Pltf, prosecutes the attachment made on some monies belonging to deft,
in Cornelis Steenwyck' s hands. The Court declares the attachment valid,
Cornelis Willemsen Beer, pltf. v/s Isaack Mens, says he has attached
1658] Court Minutes of New Amsterdam. 371
some of deft's goods in the public store for payment of freight, board
and extraordinary charges amounting to the sum of fl. 230. 8 according
to a/c shewn to the Court. Deft, has no objection, but says, he cannot
pay, as the property is attached. The Court condemns the deft, to pay
the pltf. the sum demanded from the effects or goods attached at beavers'
price.
Sieur Wilhehiius Beeckman, pltf. v/s Pieter Jansen Noorman, deft.
Pltf. demands from deft, a balance of about the sum of 230 gl., which
he deft, agreed to pay for Jan Forbis, and says he agreed with deft,
for firewood to be delivered to him, of which he has remained in default
and afterwards offered him, pltf., pease, demanding payment with dam-
ages and costs. Deft, says, he bought a piece of land from Jan Forbis*
of three times 25 morgens and he has not conveyed it to him, maintaining
that so long as it is not delivered he is not bound to pay the Heer Beeck-
man and that he has nothing to do with the Heer Beekman. Pltf.
exhibits to the Court the deed of sale, in which it is mentioned that the
land must first be paid for before it shall be conveyed. The Court having
heard parties, condemn the deft, to pay the pltf. the sum demanded with
costs thereon in the space of one month.
Jacob Wolfersen van Couwenhoven, pltf. v/s Ragel van Tienhoven,
deft. Deft, in default. The W. Court having seen the deft's answer
presented at the last Court, orders that she shall produce further proof at
the next Court day, that the pltf. was any wise indebted to her husband,
on pain of being debarred further right.
Nicolaes de Meyer, pltf. vs Jan Snediger, deft., demands payment,
according to obligation shewn in Court, of the sum of three hundred and
fifty guilders, one stiver. Deft's wife appearing in Court, makes excuse
for her husband, that he is sick, admits the debt, but says cannot pay
before the corn is ripe. Nicolaes de Meyer appearing in Court is asked,
what time will he give to pay ? Answers, gave her heretofore 14 days
time and that deft's husband should have paid two hundred guilders and
would wait for the remainder; that the deft, promised but nothing fol-
lowed, and that she said, "Where there is nothing Ccesar has lost his
right." The Court condemn the deft, to pay pltf. pursuant to obligation.
♦ In the North part of Williamsburgh (Brooklyn). See Stiles, Hist, of Brooklyn,
2 : 312.
Zl^ Court Minutes of New Amsterdam. [165S
Claas Teunisen, pltf. v/s Pieter Vander Linde, deft., says, he gave
deft, full power to buy tobacco for him, and that he, deft., bought six
hhds for him @ 5 stiv. the lb. three of which he carried to his master at
the bouwery and that he wished to examine the tobacco, but that deft,
said it was good, and that he took them only on his word, yet he after-
wards opened the tobacco and found it rotten, stripped too low and a por-
tion too dry, and that Sieur Nicolaas Verlett also saw the tobacco, saying
there were six more besides, which he would not bring to the Manhatans-
for the freight, and that he had paid cash for the tobacco, demanding
restitution thereof. Deft, says, what regards the orders is true and that
he bought him such tobacco according to his knowledge for the price as-
he himself would take ; he thoroughly examined the tobacco over and
under and hither and that the five hhds were good, but the sixth was-
inferior, and that he, pltf., had seriously threatened him, and he did not
know, if he could walk the public streets. Jan Aarsen or Jan Coopal *
appearing in Court is asked to declare on oath the condition of the sale of
the tobacco and he fully declares the same. The Court having heard
parties, also the declaration of Jan Aarsen or Jan Coopal, and that the
pltf. had empowered the deft, to buy the tobacco, therefore orders the
pltf. to keep his tobacco, and at another time to see, to whom he gives
orders.
Willem Pietersen, pltf. v/s Mighiel Paulusen, deft., says, he gave
deft, some goods on condition to sell them at Fort Orange at the price
he fixed then for him, and what he got over should be his own, but not to-
sell them on credit nor under the invoiced price, but to return them again,
and that he deft, sold two hhds of French wine @ 13 beavers the hhd.
and that he had invoiced them to him at 1 1 beavers, and as deft, is hav-
ing the advantage of it, he demands payment thereof. Deft, admits hav-
ing received the hhds on such conditions and says he offered to pay some
beavers thereon and to pay the remainder by the next opportunity. The
Court condemns the deft, to pay the pltf. promptly.
Jan Aarsen or Jan Coopal, pltf. v/s Joris Wolsy, Thomas Walron,
Philip Mintorn, and Nicolaas Emmerson, defts. Pltf. demands in writ-
ing, that defts. be heard on their rendered declarations, and demands,
that Joris Wolsy exhibit the original declaration in English. Deft. Joris
* A nickname, meaning " Buy All."
1658] Court Minutes of New Amsterdam. 2>7j
Wolsy delivers the original declaration of the witnesses which being read
with the translation was found to agree therewith. Deft. Joris Wolsy
demands that the tobacco spinner shall declare on oath, that there was no
good tobacco amongst that he sold to pltf., or that some of it was sold or
repackt. Pltf. demands, that Joris Wolsy shall declare on oath, that the
tobacco was such as he had agreed for. Joris Woolsy appearing in Court,
is asked if he will declare on oath, that the tobacco was delivered, with his
knowledge according to conditions it was sold on ? Answers, Yes. Jan
Coopal appearing in Court was informed, that Joris Wolsy will declare on
oath, that the tobacco was delivered according to conditions ; declares
that being done, he will pay the tobacco. Joris Wolsy takes his oath in
Court. Jan Coopal was therefore condemned by the Court to satisfy and
pay Joris Wolsy for the tobacco in dispute.
Allard Anthony replies to Isaac Mens answer and exhibits in Court a
list of outstanding debts given by said Mens to Moesman. The Court
orders party to furnish copy.
Pieter Jansen, pltf. v/s Evert, the Woodsawyer, attached and deft.
Pltf. says that he, deft., took his canoe from the wharf and made him lose
it two days ; demanding in all 14 guilders. Deft, says Hendrick de
Ruiter loaned it him and said they loan it out ; I also loan it out. The
Court orders deft, to prove, that Hendrick de Ruiter loaned him the
canoe. Meanwhile the attachment remains valid.
Adriaen Hegeman, pltf. v/s Jan Hybou, deft. Deft, in default.
Jan Lauwerensen appears in Court exhibiting proof, that skipper
Willem Weit has Mr. Sley's estate in hand. Meanwhile the matter in dis-
pute is postponed until Mr. Sley's arrival or for 5 @ 6 weeks.
Schepen Cornelis Steenwyck exhibits in Court the Burgomasters'
order ; also the petitions and apostilles both of the D' General and
Council and of Burgomasters and Schepens and again requests by petition
payment of fl. 935. The Court resolved to speak to the Director General
and Council thereon.
Schepen Pieter Wolfersen van Couwenhoven exhibits in Court Acte
of Revision on the judgment dated 25 March pronounced between him
pltf. and Dirck van Schelluyne. The Court resolves to fix a certain time
for it, also to look over Jan Lauwerens' papers.
This day 10 April 1658, Claas Teunisen, farm servant, living on Cor-
374 Court Minutes of New Amsterdam. [1658.
nelis Aarsen's Bouwery, appears before me, Joannes Nevius, Secretary
on the part of the Burgomasters and Schepens of the City of Amsterdam
in N: Netherland, and declares to appeal to the Director General and
Council of N. Netherland from the judgment pronounced by the Court of
this City in date 8'^ April, between him and Pieter van de Linda.
Monday, 15 April 1658. In the City Hall. Present the Heeren
Nicasius de Sille, Paulus Leendersen vander Grift, Olof Stevensen Cort-
lant, Joannes de Peister, Pieter Wolferzen van Couwenhoven, Jacob
Strycker, Cornells Steenwyck, Isaack de Foreest.
Schout Nicasius de Sille informs the Court, that a suit has arisen
between Wernaar Wessels, Farmer of the Excise on Wine and Beer, and
Jacob Cohn for fraud, committed by the aforesaid Jacob Cohn, and a&
he, the Schout, has become attorney for the Farmer, Wernaer Wessels, he
concludes, inasmuch as he, Jacob Cohen, has taken out no permit, that
he be condemned in the fine enacted against such; and as the aforesaid-
suit is at a stand with parties, he demands that the aforesaid Jacob Cohn
be condemned to pay the permit and the fine imposed thereon. The
Court orders the Schout to summon Jacob Cohn for the next Court
day to answer the demand w''^ he, the Schout, shall institute against
him.
Schout Nicasius de Sille informs the Court, that Nicolaas Boodt has
complained of his wifes ill conduct, for which she was summoned before
the Court and defended herself and at the same time demanded to be
separated from her husband, afterwards summoned the husband, who ap-
pearing and he, the Heer Schout, entering his complaint in writing against
him, the said Boot demanded proof of his accusation, whereupon said
Schout summoned said Nicolaas Boodts wife, daughter and servant before
Commissioners thereunto appointed by the Court and asked each of them
individually certain questions by interrogatories, which were denied hy
the aforesaid Boodts wife. He therefore demands a fine for the Poor.
The Court having seen the interrogatories, which were put to Nicolaas
Boodts wife, daughter and servant, and found, that said Nicolaas Boodts
wife denied some of them, which she had declared before the Court, and
as such tends to vilipend or to scoff at the Court, they therefore condema
the aforesaid Nicolaas Boodts wife in the fine of twelve guilders for the ■
1658] Court Minutes of New Amsterdam. 375
Poor, and further in the costs of suit, and moreover ordered them to
remain at peace.
Schout Nicasius de Sille and Hendrick Willemsen, baker, pltfs. v/s
Joost Teunizen, baker, deft. The pltf. enters his demand in writing.
Deft, demands copy thereof. The Court orders party to furnish copy to
answer thereunto at the next Court day.
Adriaan Hegeman, pltf. v/s Jan Hubou, deft. Both in default.
Jan Willemsen van Iselstein, plft. v/s Anneken Bogardus, deft.
Deft, in default.
Anneken Bogardus, plft. v/s Lauwerens Duyts, deft. Both in de-
fault.
Pieter Schabanck, plft. v/s Salomon La Chair, deft. Deft, in de-
fault.
Jacob Cohn, plft. v/s Diewer Cornells, deft. Both in default.
Schepen Cornells Steenwyck, plft. v/s Simon Leen, attached and
deft. Deft, in default.
Isaack Mens rejoins to Allard Anthony's reply. The Court orders
copy to be furnished to party and parties are ordered to produce their
deduction on the next Court day.
Pieter Rudolfus appears in Court and requests to be discharged from
regulating the estate of Pieter Anthony with Mattheus de Vos; the Court
has therefore appointed Isaack Grevera in his place to regulate with Mat-
theus de Vos the aforesaid estate.
Allard Anthony appears in Court, requesting that the matter pending
in suit between him and Isaack Mens may be disposed of in a short time.
Schepen Cornells Steenwyck demands an answer to his last petition.
In the case in question between Pieter Wolferzen van Couwenhoven
and Dirck van Schelluyn, Hendrick van de Water is sent for to Court,
who is asked, if he had written the Acte or notice of delivery of grain by
Juffrouw Leentje Mertens dec'? ? Answers Yes. Declares further, to
have written it altogether, when he lived with Jacob Wolfertsen and by
Jacob Wolfersen's order, but does not know, whether the barley and pease
were received at one time or on whose a/c the pease were delivered nor
that the barley and pease were delivered to one man. Therefore the
case in question is again postponed until the arrival of Tomas Hal.
The City Messenger is authorized to speak to the neighbours of the
Z1^ Court Minutes of New Amsterdam. [1658
Brewer's Street for the payment of the monies for the improvement of
the street, for which they stand assessed and to make known their answer
to the Burgomasters.
This day, 2o'^ April 1658, Frerick Aarsen appears at the office of the
Secretary of the City of Amsterdam in N. Netherland and declares, that
he appeals to the Director General and Council of N. Netherland from
the judgment pronounced on the 18* April 1658, by Burgomasters of the
City aforesaid between him and Christiaan Barens.
On the 16* April Pieter Schaafbanck is accepted as City Messenger
by D^ General and Council of New Netherland on the allowance as
formerly.
Monday, 6'^ May, 1658. In the City Hall. Present the Heeren
Nicasius de Sille, Olof Stevensen Cortlandt, Paulus Leendersen vander
Grift, Joannes de Peister, Pieter Wolferzen van Couwenhoven, Jacob
Strycker, Cornells Steenwyck.
The Treasurer Allard Anthony appears in Court producing his papers
and documents, used in the suit against Isaak Mens; requesting quick
despatch in the case. Further states, that he has attached some planks or
goods of Dirckje Hermans in the hands of Schepen Cornelis Steenwyck,
who promises to pay it within six weeks time, with which the Treasurer
Allard Anthony is satisfied.
Schout Nicasius de Sille, pltf. v/s Barent Egbersen and wife and
Jan Smedinck and wife, defts. The pltf. states, that the defts. com-
plained of each other to him, and that they]| kept a disorderly house and
beat each other and that Jan Smedingh stated, he had hired half the house,
they occupied from Barent Egbertsen and that Secretary van Ruyven
released him from the hire; requesting that they may be separated.
Barent Egbertsen answers, he rented half the house to Jan Smedinck by
the month with liberty to leave it at any time; saying further, that the
women had words together and that his wife struck Jan Smedincks wife
on the back, but that Jan Smedincks wife struck his wife more severely
and Jan Smedinck also; and that his wife is near her time. The Court
having heard parties order, that Jan Smedinck shall quit the house on
condition of paying according to his promise.
Schout Nicasius de Sille, pltf. v/s Aris Otten, deft. The pltf. states,
1658] Court Minutes of New Amsterdam. zii
that an order has been enacted, that all tapsters must take out a license
and the deft, has not taken out one; demanding therefore the fine affixed
thereto. Deft, answers, that he did take out a license, exhibiting it to the
Court and admits having tapped previous to Easter. Pltf. replies, he took
out the last license after he had entered the fine against him as, when the
Schout enquired whether'he had a license, he, deft., answered that he had
not taken out any. Deft, is asked on what day he had taken the license
out ? Answers, Easter Tuesday, and had tapped a drop before Easter.
Declares further, that the Fiscal came on Easter Tuesday asking him,
whether he had taken out a license ? Answered No, whereupon he entered
the fine ag'st him, and that his wife did not tell him, that the City Mes-
senger had notified her, to take out a license. The Court condemns the
deft, in a fine of one pound flemish to be paid to the Officer, because she
neglected to take out a license at the appointed time.
Govert Loockermans, pltf. v/s Schepen Pieter Wolfersen van Couwen-
hoven, deft. Pltf. as attorney of Isaack Allerton demands, that the
attachment be declared valid on the nineteen hogsheads of tobacco,
which he had attached on a claim of freight for M' Allerton's Ketch,
chartered by Tomas Hal, according to contract exhibited in Court, and
that he take the tobacco on a valuation, and the deft, be condemned to
pay the remaining freight. Deft, answers, that Tomas Hal sent him the
tobacco, with orders to pay from it Abraham de la Noy and Mast^ Jacob
Varrevanger. Parties having been heard, the following votes are given
and the conclusion or judgment follows: Paulus Leendersen vander Grift
votes, that each voyage ought to be paid from the arrival of the Ketch
according to contract. Joannes de Peister's vote is the same as vander
Grift. Jacob Strycker's vote — On Tomas Hal's arrival according to con-
tract and the attachment invalid. Cornelis Steenwyck's vote — Each
voyage on the arrival of Tomas Hal, according to contract. And whereas
the votes are equal, the Schout Nicasius de Sille sides with the votes of
the Burgomastr and Schepen Joannes de Peister.
Parties having been heard, the attachment on the tobacco was by
plurality of votes declared valid, and that deft, as attorney of Tomas Hal,
shall pay pltf. as attorney of Isaack Allerton the hire of the Ketch, (which
Tomas Hal chartered) according to contract.
M^ Jacob Varrevanger, pltf. v/s Govert Loockermans, deft., says that
37^ Court Minutes of New Amsterdam. [165S
Tomas Hal had consigned a number of hhds. of tobacco to Pieter Wolfer-
sen van Couwenhoven and he has a claim on them, but they are attached
by the deft. ; he wishes to know wherefore ? Deft, answers, he claims
nothing, but the freight. The Court declares the attachment valid.
Govert Loockermans, pltf. v/s Joannes Pietersen Verbrugge, deft.
Pltf. as attorney of Sander Leendersen, demands from the deft., as attor-
ney of the widow of skipper Willem Tomassen, dec*?, twenty one pounds
of beaver robes, or the value thereof, which skipper Willem Tomassen
dec"? took with him to Holland from Willem Teller for Sander Leender-
sen, according to affidavits exhibited in Court. Deft, says, the matter is
unknown to him, and he does not know, how much they amounted to;
and if the Magistrates can find the proof sufficient, he promises to pay.
The Court defer the case, until Sander Leendersen's arrival, or until
Sander Leendersen shall declare on oath before the Court, that the
beaver given to skipper Willem Tomassen dec"! were delivered to bring
goods for them from Fatherland, and not for a debt.
Isaack Allerton, pltf. v/s Jacob Steendam, deft. Deft, in default.
Isaack Allerton, pltf. v/s Guiliam Verlett, deft. Deft, m default.
Jan Rutgersen, pltf. v/s Isaack Allerton, deft., demands from the
deft, the sum of one hundred and twenty one guilders six stivers accord-
ing to two different obligations of two seamen, who sailed in deft's bark
to the Islands, for whom deft, has engaged to pay from their earned wages.
Deft, answers, he is not indebted. Pltf. replies, that the deft, had pre-
viously accepted. Whereupon deft, is asked, if he be willing to pay the
pltf. if the men have earned (the money) ? Answers, he will pay, if
others, who sailed with the bark, are paid, and that the pltf. must say,
how much they have earned. Pltf, says 24 guild" per month. M' Aller-
ton appearing in Court is asked, if he does not know, what the men have
earned per month ? Answers, No. The Court orders that the pltf. shall
prove what the men have earned per month,
Pieter Rudolfus, pltf, v/s Ryk Hendricksen and Christiaan, wood-
sawyers, defts, Pltf. says, he has attached some money of the defts. in
Secretary Cornelis van Ruyven's hands; as he agreed with the defts.
about the sawing of planks, which they defts. were to saw for him, pltf.,
and he paid them a sum of money thereupon, but the planks could not
pass according to condition: requests the Court to appoint some persons
1658] Court Minutes of New Amsterdam. 379
to inspect the planks, to see if they can pass according to conditions.
Defts. answer in writing, demanding from the pltf. in reconvention twenty
guilders two stiv. balance of fl. 300. The Court refers the case in dis-
pute to Frans Jansen and x\dolf Pietersen, to inspect the planks and to
select such as are good according to condition, for which the pltf. shall
have to pay the defts. according to conditions.
Jacobus Vis and Joannes Withart, arrestants and pltfs. v/s Dirck van
Schelluyne, arrested and deft. Pltfs. state, that they loaned the deft,
some monies to pay for a horse which he bought. Deft, promised to pay
it in grain, according to obligation dated 8'!' Feb^ 1658. and a part thereof
is paid; and they, pltfs. offered him, that he should fix a time to pay
them the balance, which he is unwilling to do; demanding payment and
that the attachment remain. Deft, answers in writing, requesting time
until the harvest or at the discretion of the Magistrates; demanding from
the pltfs. in reconvention the damages and costs incurred by the arrest.
The Court declares the attachment valid and condemns the deft, to pay
the pltf. according to obligation.
Dirck van Schelluyne, pltf. v/s Jacob Wolfersen van Couwenhoven,.
deft. Deft, in default.
Dirck van Schelluyne, plft. v/s Josep. Waldron, deft. Deft, in
default.
Tomas Wernaart, pltf. v/s Jacob Wolfersen van Couwenhoven, deft.
Deft, in default.
Nicolaas de Meyers, pltf. v/s Jacob Wolfersen van Couwenhoven,
deft. Deft, in default.
Jan van Leiden, pltf. v/s Anna Bogardus, deft. Pltf. demands from
deft, the sum of twenty guilders for a calf and six guilders expences for
bringing a cow and calf to the Fort-; further the expences of board.
Joannes Verbrugge, as attorney of his mother in law, the deft., answers,
he knows nothing of it except what the deft., his mother in law, communi-
cated to him by writing, exhibiting it to the Court, offering to pay, if the
Court decide that he must pay. The Court condemns the deft, to pay
the pltf. the twenty guilders, with costs of suit. Regarding the expences
of the cow and calf the pltf. shall have to prove, that he incurred them.
Anna Bogardus, pltf. v/s Lauwerens Duits, deft.
Joannes Pietersen Verbrugge, as attorney of the pltf., his mother in
.380 Court Minutes of New Amsterdam. [1658
law, pltf. v/s Lauwerens Duits, deft. Pltf. demands the full rent of the
bouwery which his mother in law leased to Jan van Leiden and Lauwerens
Grootschoe * stands in his shoes. Deft, answers he is not indebted, as
the pltf's mother in law released him from the rent, for which he was to
pay two hogs and he has paid one, so that he must pay one more. The
Court condemns the deft, to deliver the hog to the pltf.
Simon Joost, pltf. v/s Augustyn Heermans, deft. Pltf. demands
from deft, six beavers, five guilders and 12 stiv. arising from two months,
-seven days earned wages,'which he pltf. has earned, navigating the deft's
galiot in the year 1651. Deft, requests copy of the demand to answer
thereto in writing. The Court orders copy to be furnished to party to
answer thereunto at the next Court day.
Cornells Aarsen, pltf. v/s Pieter Jansen and Gerrit his partner, defts.
Defts. in default.
Pieter Schabanck, pltf. v/s Salomon la Chair, deft. Pltf. as attorney
•of Teunis Kray demands from deft, payment of the remaining instalment,
being the third for the house and lot which he deft, purchased from
Teunis Kray. Deft, requests time, saying the money was ready, but not
the deed; meanwhile the money dropped through his fingers. The Court
condemns the deft, to pay the pltf.
Nicolaas Boot, pltf. v/s Jan Jansen Bestevaar, deft. Pltf. states,
that some hogsheads of tobacco were consigned to him, Jan Jansen Beste-
vaar, by Jan Mighielsen, but in case Jan Jansen Bestevaar were absent
they were consigned to him to be sent to Holland, requesting as Jan
Jansen Bestevaar is present, that he be released therefrom. Deft, answers,
lie cannot accept the tobacco, as it is not worth as much as the freight
and is not consigned to him. Pltf. replies, he has letters to that effect
and that he deft, has rec'^ some of the hhds. Nicolaas Boot and Jan
Jansen Bestevaar appear in Court and said Boot exhibits the bills of
lading. The President says, the bill of lading does not mention Jan
Jansen Bestevaar. Boodt answers, he is mentioned in the letter, offering
to ship the tobacco, if Jan Jansen Bestevaar will pay charges. The Court
iiaving heard parties, orders Jan Jansen Bestevaar, as he has accepted the
•other tobacco, to accept also the remainder, and to dispose of it to the
best advantage of the owner.
* Big Shoe.
1658] Court Minutes of New Amsterdam. 381
Raaf Cardel, pltf. v/s Matthys Capito, deft. Pltfs. wife states, that
her husband sold deft, a piece of land, demanding payment of the sum of
seven hundred and seventy two guilders, exhibiting in Court the deed of
sale, written in English. Deft, requires copy of the demand and deed
of sale. The Court orders copy to be furnished to party to answer there-
unto.
Rutgert Jansen, pltf. v/s Jan Cornelisen, deft. Deft, in default.
Robbert Passele, pltf. v/s Skipper Igsiter, deft., demands payment
of eight months wages @ fl. i8. per month earned from deft, as seaman.
Deft, requests M- Allerton as interpreter, who appears in Court; answer-
ing for the deft., that the pltf. engaged with him to the I4'^ of May.
Which being demanded of the pltf. he answers. No, but for the voyage
and that he had been one @ two voyages with him, and that the deft, wants
him to make a third. Deft, requests, that the pltf. be asked, if he has.
not promised to go also a third voyage with him ? Which is asked him.
Answers, No. M^ Allerton says the matter is so grave, that if he have
not another man, he has to lose fl. 200. Parties are asked, if they will
declare on oath what they say ? Answer, Yes. The Court having heard
parties and having considered every thing, condemn the deft, to pay pltf,
Joannes Withart and Jacobus Vis arrestants and pltfs. v/s Teunis
Jansen, arrested and deft. Pltfs. exhibit in Court a written contract and
a/c of re"^" of and disbursements for corn, which he, deft., should deliver
to them ; saying he had delivered the poor grain and kept the best, de-
manding therefore to be released from what is delivered. Deft, says^
they have all the grain he had and he has no more. Pltfs. say, if the
deft, will promise to deliver them in payment the grain as it stands in the
field, they will look after it. The Court discharges deft, from the arrest
and condemns him to pay pltfs. next harvest.
Joost Teunizen, baker, answers the demand of the Schout Nicasius
de Sille. The Schout demands copy to reply thereto. The Court orders
the Schout to furnish copy to reply thereunto at the next Court day.
Wednesday, 8* May, 1658. In the City Hall. Present the Heeren
Paulus Leendersen vander Grift, Joannes de Peister, Pieter Wolfersen
van Couwenhoven, Jacob Strycker.
As the Board is not complete, business is postponed to another oppor-
82 Court Minutes of New Amsterdam. [1658
tunity. Meanwhile the present Board resolves, that each of the Members
of the Board in particular shall look over the papers and documents made
use of in the suit between Allard Anthony as att?' of Arent Jansen Moes-
man cum Sociis and Isaacq Mens, in order to understand the same.
Monday, 2o'^ May, 1658. In the City Hall. Present the Heeren Olof
Stevensen Cortlant, Paulus Leendersen vander Grift, Joannes de Peister,
Pieter Wolfersen van Couwenhoven, Jacob Strycker, Cornells Steenwyck.
The Heer Schepen Joannes de Peister, pltf. v/s Matthys Capito,
deft. Pltf. demands payment of fl. 126: 17 according to obligation ex-
hibited in Court, with interest and says that deft, keeps him going all the
time. Deft, says, he sold his house in order to satisfy everyone. Pltf.
says in reply, that the deft, had paid others out of the first instalment,
and he cannot get any thing from him. Deft, answers, he has paid the
oldest debts first, which he thinks is reasonable and just. The Court
orders deft, to pay the pltf. from the second instalment of the house,
giving him security therefor within the time of twice twenty four hours.
Govert Loockermans, pltf. v/s Schepen Pieter Wolfersen, deft. Pltf.
as attorney of Mf Allerton demands in writing payment of the balance to
be selected from the arrested tobacco for freight of the Ketch, chartered
by Mr Allerton to Tomas Hal, whose attorney deft, is; and authority for
the Marshal to collect by execution further payment with costs. Deft,
answers, as Tomas Hal whose agent he was is present, he is released from
the agency; therefore has nothing more to do with the matter, and if he
have any claim for freight he must speak to Tomas Hal. The Court
orders the pltf. to sue the principal as he is present, and therefore dis-
charges the deft, from the agency.
Hendrick Jansen vander Vin in quality as curator, pltf. v/s Merritje
Pieters, deft. Pltf. as curator of the estate, left by Hermen Jacobsen
Bamboes, states to the Court, that he in virtue of authority has inven-
toried the property left by Hermen Jacobsen Bamboes, exhibiting it in
Court; and that the deft., widow of said Bamboes, declares she has no
other property, than what has been exhibited and inventoried; requesting
that she do legally declare so. Deft, is asked, if she have no more prop-
erty than is inventoried ? Answers, No. And declares she must pay fl.
250 in Holland to Skipper Beer, to whom she gave a suit of clothes on
1658] Court Minutes of New Amsterdam. 383
a/c before her husband's death; and offers to declare, that she has nothing
but what is on the inventory. Pltf. says, he understands she removed
some property to another place. Parties again appearing in Court, pltf.
is asked, if he have any certitude, that the woman has any thing besides
what is on the inventory? Answers, No; and demands, in virtue as
aforesaid, attachment on the goods specified in the inventory, which is
allowed. Merritje Pieters is asked, if de Beer be all paid — Answers not
half, and declares further by her troth instead of an oath, as she is scrupu-
lous and not accustomed to take an oath, that she has nothing else, than
what is on the inventory and the suit made for Skipp' Beer before her
man's death.
Hendrick Jansen vander Vin in quality as curator, pltf. v/s Dirck
Clasen, deft. Pltf. as curator of the estate left by Hermen Jacobsen
Bamboes states, that he found in a chest among the property left by him,
Bamboes, an obligation against the deft, for the sum of fl. 60. And as
he, deft., is about to depart, he requests attachment of his person or
security for the payment at the appointed time, with costs thereon. Deft,
offers to give security for the payment at the time fixed. The Court
orders deft, to enter bail for the payment of the sum demanded, with the
costs, or otherwise the attachment to be valid.
Hendrick Jansen vander Vin, in quality as curator, pltf. v/s Hans
Brunswyck, deft. Pltf. as curator of the estate left by Hermen Jacobsen
Bamboes states, that he red a letter setting forth that the deft, owes fl.
35. to Hermen Jacobsen, abovenamed. Deft, answers, that he has given
his hand to pay Hans Stein. The Court orders deft, to prove on next
Court day that he has given his hand to Hans Stein for the debt of Her-
men Jacobsen Bamboes.
Hendrick Jansen vander Vin, in quality as curator, pltf. v/s Hen-
drick Pietersen, deft. Pltf. as curator of the estate left by Hermen
Jacobsen Bamboes, states that he rec"! a letter, wherein it is said that the
deft, owes Bamboes fl. 10. for freight. Deft, answers, he did some ser-
vices for Bamboes and boarded himself on the voyage. Therefore spoke
to Bamboes about the freight at Hans Stein's house, offering him half a
beaver or five guilders in zeawant and that said Bamboes would have six
guilders. The Court orders deft, to prove at the next Court day, that he
had a contract with Jacob Bamboes dec*^
384 Court Minutes of New Amsterdam. [1658
Joost Teunizen, baker, pltf. v/s Hendrick the baker, deft. Pltf.
rejoins to the reply of the Schout Nicasius de Sille and Hendrick the
baker, and also enters his demand in writing against Hendrick the baker.
Deft, demands copy to answer thereunto and shall endeavour to produce
other proofs. The Court orders party to furnish copy to answer thereunto
at the next Court day.
Tomas Waldron, pltf. v/s Jacob Wolfersen van Couwenhoven, deft.
Deft, a second time in default. Pltf. demands from deft, the sum of two
hundred guilders which he obliged himself to pay within three months ac-
cording to obligation dated 17 August 1657. The Court orders the deft.
Jacob Wolfersen van Couwenhoven to deposit with the Secretary the sum
demanded within 24 hours' time.
Dirck van Schelluyne, pltf. v/s Jacob van Couwenhoven, deft. Deft,
for the second time default. Joannes Nevius as attorney of the pltf. de-
mands authority for the Marshal to execute the approved award of the
arbitrators. The Court orders and charges the Marshal to put into exe-
cution the approved award of the arbitrators.
Raaf Cardel, pltf. v/s Matthys Capito, deft., demands payment of the
sum of fl. 772. pursuant to obligation exhibited in Court, for purchase of
a plantation, and says he has rec'? something thereupon. Deft, demands
eight days respite to answer in the case, and excusing himself, as he is in
the Company's service and was prevented by the arrival of the General
from answering according to the Courts order dated 6. May 1658. The
Court asks the deft., if he have any thing against it ? Answers, He will
answer thereunto on the next Court day. Pltf. produces some papers,
whereby he proves, that the deft, bought and took possession of the plan-
tation. Parties being heard, the deft, is condemned to pay the pltf. as
he has failed to answer; and if he have any thing to bring in, he may do
so on the next occasion.
Augustyn Heermans, pltf. v/s Pieter Jansen, mason, deft., demands
payment of the sum of fl. 55. for house rent. Deft, answers, he agreed
with the pltf. to repair his room for the rent, or else to pay fl. 55. Pltf.
replies, if it amount to that he shall prove what he states, reading certain
conditions for the Court, which conditions deft, denies. The Court
orders the pltf. to produce further proof.
Grietie'Dircks, pltf. v/s Merritje Dreper, deft., says she bought a
1658] Court Minutes of New Amsterdam. 385
young pig from Jacob Wolfersen for six guilders which the deft, claims.
Deft, says, it is her's, and that she marked it last year on Ascension day.
The Court orders deft, to prove on next Court day that it is her hog.
Abraham Rycken, pltf. v/s Jan Rutgersen, deft. Deft, in default.
Rutgert Jansen, pltf. v/s Jan Cornelisen, deft. Deft, a second time
in default. Pltf. demands payment of fl. 60. with costs. Whereas the
deft, has made for the second time default, the Schout is ordered to send
for the deft., because being arrested, he let him go on his own security.
Jan Eversen Bout, pltf. v/s Claas Pietersen Cos and Mighiel Jansen,
defts. Pltf. demands payment of the deft., Claes Pietersen Cos, of the
sum of fl. 1038: 5 balance of a bouwery named Gamoenepa,* which he
bought from him; with interest and costs, or otherwise that he shall look
to his land. Deft, exhibits in Court the deed of sale, wherein one instal-
ment of fl. 406. is entered; he says more is paid on it than pltf. credits
him for on the a/c: undertakes to pay the ballance. Pltf. says, the in-
stalment entered on the deed is transferred to the a/c, proving it through
Mighiel Jansen, whom the deft, has empowered and who kept the a/c for
him and also declares it so to be. The Court having heard parties con-
demn the deft, to pay pltf. according to a/c. or in default thereof civil
interest of the money from date hereof.
Beeletje Hendricks, pltf. v/s Pieter Jansen and Gerrit Pieterse, defts.
Gerrit Pietersen in default. Pltf. says, that the defts. had had one meal
of victuals at her house and been two days out riding with the wagon, de-
manding payment of the sum of fl. 40 balance. And as Evert f the
glazier owes deft, some money and the pltf. must pay him, Evert, above-
named, she requests it may be allowed as an offset and that each be paid
with a closed purse. The wife of the deft. Pieter Jansen appears in
Court, answers that her husband says he does not owe more than fl. 13.
10., and his partner fl. 8. and that they defts. had given her, pltf., an
order for fl. 20 on Evert the glazier. Parties being heard the deft, is
ordered to direct Evert the glazier to retain fl. 40. for the pltf. and that
Pieter Jansen himself must appear.
Wernaar Wessels, arrestant and pltf. v/s Simon Joosten arrested and
deft. Pltf. in default. Deft, is therefore discharged from arrest.
Pieter Jacobzen Marius, pltf. v/s Jenneke Melein, deft. Pltf. de-
* Now Communipaw, N. J. f Duyckinck.
VOL. 11.-25
386 Court Minutes of New Amsterdam. [1658
mands from deft. fi. 204: 3 for a/c of Jan Jansen, cheesemonger, as her
attorney. Deft, answers, she rec'? 3 @ 400 guilders in loose sewant from
Jan Jansen; demanding what she disbursed for him and that she paid
something now and again on it and had settled with him before he left,
and afterwards paid something on it, so that there remains fl. 30. The
Court refer the matter in question to Jacobus Vis and Joannes Withart to
decide the a/c and to reconcile parties if possible ; otherwise to report to
the Court.
Pieter Jacobzen Marius, pltf. v/s Samuel Etsal, deft. Nicolaas Boot
appears with Samuel Etsal in Court. Pltf. demands from deft. fl. 422.
10. with costs on a/c of security, which deft, entered for Juffrouw Anna
Custers according to bailbond shewn in Court. Nicolaas Boot answers,
he tendered the pltf. payment. Pltf. says the payment was not good.
Deft, answers the pltf. has not seen the tobacco, therefore does not know,
whether it be good. The Court condemns deft, to pay pltf. within six
weeks time.
Frerick Lubbersen, pltf. v/s Jacobus Vis, deft. Pltf. on an obliga-
tion against Jacob Wolfersen demands payment of the sum of fl. 280 in
tobacco, for which deft, remains bail, saying he cannot get any thing from
the pltf. sic [? deft.]. Deft, answers, why hast thou not first sued the prin-
cipal ? And says he is not bound to pay before the pltf. has got judg-
ment against Jacob Wolfersen. The Court orders the pltf. first to sue the
principal.
Nicolaes Velthuyzen arrestant and pltf. v/s Tomas Harret arrested
and deft. Deft, in default. Pltf. states, that he summoned and arrested
the deft, and that deft, is gone away from the arrest, leaving two bar-
rels of pork standing at his house, which he fears will spoil, and says
he has also attached the pork, prosecuting the same. The Court declares
the attachment on the pork valid and orders him to inform the Schout,
that the arrested Tomas Harret has broken his arrest.
Jan Aarsen or Jan Coopal, pltf. v/s Pieter Engel, coxswain of the
ship the Otter, deft. Pltf. says, the deft, offered some goods for sale to [
him and agreed with him for an anchor of brandy and a pair of boots,
which he bought of deft, for some halves and pieces of beaver, which he
deft, took in payment, on this condition that he would bring one or two
with him to look at the beavers, and that he deft, brought a pair of boots
1658] Court Minutes of New Amsterdam. ' 387
next day. Deft, answers, he sold the brandy and boots on condition, if
the men were not satisfied, the sale should be void, and that he brought
back the beavers. Pltf. replies, had the trade not pleased him, he should
not have brought the boots, and that he has not seen the beaver skins up
to this hour. Deft, says, if the Magistrates please to hear the witnesses
relative to the conditions, that they stand without and he will call them in.
The witnesses of the deft. Pieter Engel appear in Court and declare the
conditions to be, if the men did not consider it was the value, the trade
was void. Whereupon the deft, is asked, why then did he bring the boots
ashore on the next day ? Answers, he brought them ashore on the eve-
ning of the same day. The pltf. says, he brought the boots the next day.
The Court having heard parties, also the declaration of the witnesses,
orders the pltf. to prove that the deft, brought the boots to the house on
the next day, and that then the deft, shall be bound to pay the pltf. the
anker of brandy.
Pieter Jansen Noorman, pltf. v/s Sigismondus Lucas, deft. Deft, in
default.
Thursday, 23'? May, 1658, In the City Hall. Present the Heeren
Nicasius de Sille. Paulus Leendersen van der Grift, Joannes de Peister,
Pieter Wolfersen van Couwenhoven.
Hend : Ryken, skipper of the ship called the Spkera/ni/ndi, appears in
Court and demands, what is required of him ? He is answered, that the
subjoined persons were pleased to ratify on oath the declaration, which
they made before the Notary Dirck van Schelluyne and certain w^itnesses,
and for that purpose at the request of the skipper above named, appeared
Andries Andriaensen, pilot, Willem Willemsen, chief boatswain, Pieter
Willemsen Ester, gunner, Cornells Jacobsen Weesp, carpenter, Marcus
Bahrs, surgeon ; to whom the abovementioned declaration was read, word
for word, and they were asked, if they knew of any thing in opposition
to the declaration ? They have ratified it by oath, and the oath was
tendered to them by the Schout.
Monday, the 27'^ May, 1658: In the City Hall. Present the Heeren
Nicasius de Sille, Olof Stevensen van Cortlandt, Paulus Leendersen van-
der Grift, Joannes de Peister, Pieter Wolfersen van Couwenhoven, Jacob
Strycker, Cornells Steenwyck.
388 Court Minutes of New Amsterdam. [1658
The Sellout Nicasius de Sille requests copy of Joost Teunissen, the
baker's, rejoinder and quick despatch of the case, and that parties on both
sides shall make their deduction and produce the papers by inventory.
The Court orders copy to be furnished to party, and parties on both sides;
are ordered to produce their papers by inventory on the next Court day.
Jacob Wolfersen van Couwenhoven, pltf. v/s Tryntje van Campen^
deft., demands, that some person may be appointed to examine the a/cs
in dispute between them both, and that the case in question be decided.
Deft, says, she settled with him before her departure for Holland and had
not a receipt from him and that his brother Pieter Wolfersen has the a/c.
The Court appoint for the decision of the case in question Jacob Kip and
Isaack Grevera as Commissioners to examine the a/c in presence of
Schepen Joannes de Peister, and to reconcile parties.
Frerick Lubbersen, pltf. v/s Jacob Wolfersen, deft., demands from
deft, payment of the sum of two hundred and thirty guilders in beavers-
according to obligation for a horse bought from him. Deft, answers, he
gave pltf. some silver ware in pledge, and that the sum amounts to as-
much and he should receive tobacco in payment from his brother in law
Govert Loockermans. Pltf. says, the tobacco was no good and declares,
he had some silver ware from him, deft., in pledge, but that Jacobus Vis.
said to him, pltf.. Give back the silver ware to Jacob Wolfersen, I am
bail for him. Deft, says, that his brother in law, Govert Loockermans,
owes it, else it was all paid in tobacco. Pltf. answers, that Govert Loock-
ermans said, each should take a man to examine the tobacco. Frerick
Lubbersen is asked where the obligation is ? Answers at home; he is,
therefore, ordered to fetch it. Frerick Lubbersen appears in Court, ex-
hibiting the obligation, and that Jacob Vis becomes security therein. The
Court orders the deft. Jacob Wolfersen to pay the pltf. in the time of twice
24 hours, after notification hereof, and failing therein Jacob Vis is
ordered to pay pltf. according to the obligation.
Hans Stein, arrestant, pltf. v/s Hendrick the wheelwright, in the
Flatbush, arrested and deft. Deft, in default. Hans Stein appears in
Court; is asked if he has any order from Hermen Jacobsen Bamboes, that
Hans Brunswyck shall pay him ? Answers, Yes; and exhibits it to the
Court, and declares to have rec^ it before the death of Bamboes above-
named. Is further asked, if he knows, that Hermen Jacobsen Bamboes
1658] Court Minutes of New Amsterdam. 389
and Hendrick Pietersen spoke with each other of an agreement ? An-
swers, heard something, but knows not what. He is further asked, if any-
other of Hermen Jacobsen Bamboes' goods were transferred to him in
pledge ? Answers, No. But that the wife of Hermen Jacobsen above-
named offered to give something in pledge for the bailbond, but that
Frerick Phlipsen told her, that the man had enough and could well pay it,
and that he was secured. Therefore took nothing.
The Heer Schout Nicasius de Sille states that if any one is arrested
and summoned, and goes away he is liable to be apprehended.
Abraham Rycken, pltf. v/s Jan Rutgersen, deft. Deft, second time
in default. Pltf. demands payment of fl. 242. remaining instalment of a
house sold him. The Court orders the deft, to deposit the monies with
the Secretary within four times twenty four hours after notice hereof.
Jacob Wolfersen, pltf. v/s Lucas Eldersen, deft. Deft, in default.
Pltf. exhibits in Court a judgment by contumacy against the deft, in date
27'.*" Octobr 1653. for the sum of fl. 181. demanding payment. The Court
orders pltf. again to summon deft, for the next Court day.
Govert Loockermans, pltf. v/s Pieter Schabanck, deft. Pltf. de-
mands from deft, payment of the sum of fl. 167: 10: 8. according to obli-
gation. Deft, offers to pay today or tomorrow. The Court orders deft,
to pay pltf. according to offer.
Pieter Schabanck, pltf. v/s Salomon la Chair, deft. Deft, in default.
The Schout Nicasius de Sille requests to be excused as the General
goes to the Esopus and the ships sail for Holland.
Madaleen, wife of Raaf Cardel, appears in Court, requests an end of
the case in question between her and Matthys Capito. Matthys Capito
requests in writing a postponement for eight days, as he had sent his com-
missioner to obtain at Gravesend the writings and documents necessary
for his answer, and has received no tidings of him. Therefore does not
know what impediment he has had. The Court refer to their previous
judgment rendered in date 2o'^ May last, and at his request grant him still
8 days delay, on pain of being debarred his rights.
Tomas Hal and Samuel Mey appearing in Court, Tomas Hal states,
that Samuel Mey summoned Nicolaas Boot, through Nicolaas van Elslant,
who has gone away, and forgotten to deliver over the roll. Samuel Mey
delivers in certain writing, and whereas party is not present, Mey is
390 Court Minutes of New Amsterdam. [1658
ordered again to summon his party for the next Court day. Tomas Hal
is asked, if he know, whether the 40 skepels of peas in question between
Pieter Wolf ersen Van Couwenhoven and Dirck van Schelluyn were de-
livered for a/c of Pieter Wolfersen or his brother Jacob Wolfersen ?
Answers, he knows nothing of it; and that it was more than the barley.
Hendrick Jansen van der Vin appears in Court, requesting that Dirck
Clasen may be ordered to give bail for payment at the time appointed in.
discharge of an obligation in behalf of the creditors of Hermen Jacobsen
Bamboes dec'! or otherwise to remain arrested as he is about to depart for
Holland. Dirck Clasen appears in Court; offers to give bail and says Jan
Perier shall be his bail. The Court orders Dirck Clasen to have a bail-
bond drawn up.
On Jan Jansen Bestevaar's petition is apostilled — Whilst the peti-
tioner is ordered in date 6 May 1658 to retain the tobacco, he may sell it
for the best advantage of the owner.
Whereas according to Order of the Court dated 6'?' May 1658, Sander
Leendersen shall declare on oath, that the twenty one pounds of beaver
robes were given to skipper Willem Tomassen dec'? for Patria to bring
goods for them thence and not for debt, Govert Loockermans, as attorney
of Sander Leendersen, has confirmed the declaration of Sander Leender-
sen on oath, produced in Court, and exhibited; Joannes Pietersen Ver-
brugge as attorney of Willem Tomassen dec'! is therefore ordered to satisfy
and pay the aforesaid 21 lbs. of beaver robes to Govert Loockermans.
The Court having seen the demand in reconvention * of Dirck van
Schelluyne and thereupon asked their Secretary, Joannes Nevius, if Dirck
van Schelluyne has his own room or apartment in his house, whereof he
pays the rent, and if he keep fire and light there ? Answers he has no-
room of his own, for which he pays rent, nor keeps fire and light at his.
place, but does indeed frequently sleep and write there and as they have
business together relative to the bouwery, therefore take nothing from
each other; consequently it is decreed, that Schelluyne having no fixum
domicilium in this City is liable to be arrested here, and his demand ia
this regard is dismissed.
On Dirck Crynen's petition is apostilled: — The petitioner is referred
to the Director General and Council of N: Netherland.
* Cross action.
1658] Court Minutes of New Amsterdam. 391
The Court having seen the proofs given in by Jan van Leyden, there-
fore order Anneken Bogardus or her attorney to pay the expences incurred
on the cattle.
On the petition of Jacob Wolfersen is ordered: — When the debt is
due and confessed he shall be ordered to pay.
Schepen Cornelis Steenwyck requests an apostille on his last presented
petition.
Hans Dreper appears in Court bringing with him Pieter Jansen,
mason, and Dirck Clasen, who testify, that the hog in dispute between
him and the widow of Jan Nagel ded is the hog, that belongs to Hans
Dreper, and declare they well know it. The Court orders Hans Dreper
to keep his hog and that Grietje Dircks, widow of Jan Nagel, has to look
to whomsoever she bought the hog from.
Augustyn Heermans answers Simon Joosten's demand. The Court
orders copy to be furnished to party to answer thereunto at the next Court
day.
Mister Willett and Jan Lauwerens appear in Court and M' Willet
states, that he received a letter from Robbert Sley, wherein he writes, that
he maintains he is not bound for the payment as a servant cannot bind
his master's estate. Which the Court decides is no reason in support of
the case in question.
This day, 27* May, 1658, appears before me, Joannes Nevius, Secre-
tary, Dirck van Schelluyne, who this day appeals to the Director General
and Council from the judgment pronounced by the Court in date 6* May
1658 between him and Joannes Withart and Jacobus Vis.
The Court having seen the papers and documents, used in the suit
between Allard Anthony as attorney of Arent Jansen Moesman cum sociis,
pltfs., against Isaack Mens, deft, for a claim instituted by the above-
named pltf. ags't the deft., their Worships having weighed with mature de-
liberation and examination all the papers used by parties on both sides,
have adjudged as follows: — That Isaack Mens shall be bound to transport
and convey to the pltf. all the debts appearing by conveyance executed
before the Notary Pieter van Buitene and certain witnesses dated ay'.**
Novemb. 1657, and if any thing should have been received by him or his
attorney since his departure to Holland A°. 1657, to restore and pay the
same to the pltf. aforesaid; regarding the fl. 1162: 9. he, deft., shall pay
392 Court Minutes of New Amsterdam. [1658
the pltf. the amount of debts and effects, which were before his departure
A°. 1657 for N. Netherland, according to transport executed before the
Notary Jacob van Swieten and certain witnesses dated lo Dec^ 1657 and
shall be bound to let his books be examined, to see if any debts be there
and deliver up the same to the abovenamed pltf., to which end Pieter
Cornelissen vander Veen and Paulus Schrick are appointed to act in the
presence of the Schepen Cornelis Steenwyck, and he, deft., shall be
bound to declare, after making the transfer, that he has no more effects
or debts and has justly conveyed all. Meanwhile the attached goods are
to remain so long arrested, until he the deft, shall have fulfilled this judg-
ment or remove the same by sufficient security, with which the pltf. in his
quality is satisfied: And whereas he, the deft., says, he has not had any
commission or ace' from his employers; the deft's employers are there-
fore ordered and shall accordingly be bound to render due a/c to him, the
deft., Isaack Mens, or his att-: of what the returns sent them by deft,
amounted to, to shew therefrom if any thing be due the deft, of his com-
mission arising from the sales, for which the pltf. as attorney, remains
bound to enter sufficient bail. The costs incurred in this suit are to be
borne by the pltf. and deft, each to pay his own. Thus done and ad-
judged in the Court of Burgomasters and Schepens of the City of Amster-
dam in N. Netherland, the 27* May, 1658.
The Court having seen the papers and evidence produced by Jans
Lauwerens in the case against Robbert Sley, also the letter of credit in
date 25* May 1657, wherein it appears, that Samuel Smitt is appointed
attorney over Robbert Sley's estate, which he possessed on the date afore-
said, and the abovenami Samuel Smitt was arrested here by Daniel Litsco
for a claim, which he had against him, and Samuel Smitt was discharged
by bailbond by Jan Lauwerens aforesaid, out of respect for Robbert
Sley's letter of credit, which he had from him; to whom Samuel Smit
bound the abovementioned estate of Robbert Sley to hold thereon his
guarantee in default of payment. And afterwards the abovenamed Rob-
bert Sley's bark coming here, and Willem Weit co-proprietor thereof, nav-
igating as skipper the aforesaid bark, and having Robbert Sley's estate in
his hands, to whom the abovenamed Jan Lauwerens applied for the pay-
ment of the sum of fl. 496: 8., and not being able to obtain his pay there-
fore attached the abovementioned Robbert Sley's property, to get his pay
1658] Court Minutes of New Amsterdam. 393
therefrom and sued the abovenamed skipper Willem Weit in date first of
April 1658. The Court therefore decrees the attachment valid against
Robbert Sley's estate, which was again released from arrest by Burgo-
master Olof Stevensen Cortlandt who in date 2'^. April of this year 1658,
became bail, as principal for the judgment of the Court; and whereas Jan
Lauwerens legally demands payment, not being able any longer to wait
and the case in question being postponed 5 @ 6 weeks or until the arrival
of Mr. Sley, and no proof of any avail to the contrary being brought for-
ward to this date except, that M' Willett appearing in Court says, he
received a letter from Robbert Sley, declaring the tenor thereof regard-
ing this matter, but found insufficient by the Court to sustain the case;
all which being seen, examined and weighed by the Court, they therefore
condemn Olof Stevensen Cortlandt being bail as principal to satisfy and
pay Jan Lauwerens the sum of fl. 496: 8 with the costs of suit, holding his
guarantee meanwhile on the estate of Robbert Sley, abovenamed.
Apostille granted on the last petition of Schepen Cornells Steenwyck.
— Although the monies, as petitioner states in his petition were drawn for
and employed in the public service and should therefore be satisfied and
paid out of the public revenue, on which subject the Burgomasters of this
City of Amsterdam in N: Netherland wrote to the Hon^'' Lords Majors
regarding the general expences for the public service, yet no answer has
been received thereunto; and the petitioner has shewn to the Burgomasters
the answer, which he rec'? from the Lords Majores to his request for payment
wherein they refer him to the Burgomasters; Burgomasters maintain that
they, for reasons abovementioned are not bound to pay; they therefore
by apostille to his rendered petition in date first April, 1658, have referred
the petitioner to the Director General and Council ; and whereas the
Director General and Council have not been pleased to satisfy the peti-
tioner but refer him back to the Burgomasters and Schepens; Burgo-
masters therefore for cause undertake to satisfy the petitioner at a more
favorable time as soon as the Treasury admits of it. Done, Amsterdam
in N: Netherland the 2o'^ May, 1658.
Extraordinary Court: In the City Hall; On Wednesday, 29'!' May
165S. Present the Heeren Olof Stevensen Cortlandt, Paulus Leendersen
vander Grift, Pieter Wolferzen van Couwenhoven, Jacob Strycker.
394 Court Minutes of New Amsterdam. [1658
Samuel Mahu, pltf. v/s Nicolaas Boot, deft. Pltf. exhibits in Court
certain translation of a contract, entered into between him, pltf., and the
deft, in date 29'!" Octob^ 1655, purporting, that the deft, should receive
from Jacob van Couwenhoven for the pltf's a/c. 16 barrels of beer @ fl.
28: 10 per brl. and to dispose of the same for pltfs. a/c. to the best
advantage the profits thereof to be half and half, on condition that he
deft, should do his best both in the sale of the beer and in the receipt of
the returns, rendering thereof to said Mahu good and just a/c. And
whereas the aforesaid beer was sold for the profit of both, he demands
from deft, a ballance of 2460 lbs. of Virginia tobacco according to obli-
gation thereof passed by him, Boot. Tomas Hal as interpreter and atty
of Mr Samuel Mahu appears in Court declaring, that Nicolaas Boot and
Samuel Mahu balanced an a/c with each other and Nicolaas Boot exe-
cuted an obligation in favour of Samuel Mahu, and directed him Tomas
Hal to receive tobacco in the Virginias for a/c of Samuel Mahu, as he
Tomas Hal became bail for Mahu abovenamed to Joost the baker, for
which the tobacco was bound to him, and coming to the Virginias to the
agent of Nicolaas Boot, who had his papers in hands, he found the agent's
tobacco attached, so that he could not receive it, nor has he received any
thing in the Virginias on Nicolaas Boot's a/c. Tomas Hal is asked, if
Samuel Mahu has been with Jacobus Backer's agent for the obligation ?
Answers, Yes; but that the obligation is not to be found. Tomas Hal is
asked, what is properly the demand of Samuel Mahu ? Answers payment
of 2460 lbs. of Virginia tobacco and the costs of suit, and that Nicolaes
Boot accepted by obligation, that the said tobacco should be paid here,
provided Samuel Mahu should pay the freight thereof. Was further
asked, where the obligation is ? Answers that 't is lost. Nicolaas Boot
is asked, if he passed an obligation in favor of Samuel Mahu for 2460 lbs.
Virginia tobacco and promised therein to pay the same here, and that
Samuel Mahu should pay the freight ? He expressly denies it, but truly
executed an obligation to do his utmost to bring the tobacco here and
that Sam'l Mahu shall pay the freight, demanding proof of the obligation
— but denies not, that Tomas Hal should receive the tobacco for him.
Tomas Hal is asked, if Nicolaas Boot has not passed an obligation that
he should pay the tobacco here? Answers, Yes; 'on condition, that
Mahu should pay the freight. Is further asked, if the other obligations
1658] Court Minutes of New Amsterdam. 395
in the Virginias, arising from the beer are null and void, inasmuch as
they are included in the last obligation ? Answers, Yes. Nicolaas Boot
is asked, if he does not owe M' Mahu the 2460 lbs. of Virginia tobacco ?
Answers, Yes; and declares he rec'? the tobacco of the beer, except from
M' Hoor. M' Samuel Mahu requests, that adjudication be on the
award and not on the obligation. Nicolaas Boot is asked, what plan has
he for the payment? Answers, does not know at present; requesting
time and offers to pay the tobacco in the Virginias when he arrives there,
and to give security therefor, provided Samuel Mahu also gives security
for what is coming to him. The Court having heard parties, having seen
the writings and evidence and weighed all, that is material in the case,
order Nicolaas Boot to collect the tobacco in the Virginias, and that it
shall be at the pltfs. option to cause his agent to receive the tobacco in the
Virginias or not, and if he will not have him receive it there, he the deft,
shall at Samuel Mahu's risk ship it in October of this year 1658, in the
Virginias and bring it here; and in default hereof he shall be bound to
pay Samuel Mahu here for the same, giving security, and in like manner
Samuel Mahu shall give security to Nicolaas Boot, for the monies which
shall be justly due him.
This day, 30'!" May, 1658, Samuel Mahu appeared before me Joannes
Nevius, Secretary of the W: Burgomasters and Schepens of the City of
Amsterdam in N: Netherland, who declares, that he appeals to the
Director General and Council of N. Netherland from the judgment pro-
nounced between him and Nicolaas Boot, by the W: Burgomasters and
Schepens in date 29'.'' May, 1658.
Monday, 3I June, 1658 : In the City Hall. Present the Heeren.
Nicasius de Sille,01of Stevensen Cortlant,Paulus Leendersen van der Grift,.
Joannes de Peister, Pieter Wolfersen van Couwenhoven, Jacob Strycker.
Schout Nicasius de Sille, pltf. v/s Gerrit Hendricks, farmer, and
Frerick Aarsen, deft. The Schout states, that Frerick Aarsen has com-
plained against Gerrit Hendrickzen, the farmer {Faghter) that Gerrit
Hendricksen broke his windows and other additional things, and that the
Magistrates may please to hear him. Deft. Frerick Aarsen delivers in a
declaration to the Court, regarding the wrong Gerrit Hendricksen had
done him, viz throwing him on the ground on his lot and abusing him.
39^ Court Minutes of New Amsterdam. [1658
and striking at him three times with a branch of a peach tree; and he
demands, that Gerrit Hendrickzen shall be ordered no longer to ill treat
him and his wife, and the Street Inspectors be directed ocularly to
inspect and report concerning the fencing and to arbitrate concerning the
raising of his lot, as to how much each shall have to bear; that he will
willingly submit. Gerrit Hendricksen denies, what Frerick Aarsen gives in
in writing, and says he experiences great trouble from Frerick Aarsen,
and that he took a twig of a peach tree, threatening Frerick Aarsen, and
that Frerick Aarsen took a broomstick and struck at him and lifting it up
again struck it against his own windows, saying that he will complain of
him for assault and that the mason's Beletje and Cristiaen the Serjeant,
who is gone to the Esopus, saw it, who will testify to it and Beletje Metze-
laar is present. Beletje Metzelaar (mason) appears in Court and declares,
that Frerick Aarsen and Gerrit Hendrickzen had words with each other
and that Gerrit Hendricksen took a twig of a peach tree to strike Frerick
Aarsen and that Frerick Aarsen took a broomstick striking at Gerrit and
raising it up again struck it against his own window. The Schout de-
mands the fine. Schepen Pieter Wolfersen van Couwenhoven explains
the difference regarding the survey of the lots. The Court postpone the
matter in question, until the arrival of the Serjeant to give a deposition in
the case, and parties are meanwhile ordered to observe the peace towards
each other.
Adriaen Keyser, pltf. v/s Jacob Bersimson, a Jew, deft. Though
deft, is absent, yet no default is entered against him, as he was summoned
on his Sabbath.
Jan van Leiden, pltf. v/s Pieter Taalman, deft., demands from deft.
297 "^^ of tobacco for Spanish wine and stockings which he deft, received
from him. Deft, being absent, sends his answer in writing to the Court,
demanding declaration of the demand and protests against said van Leiden
for all costs, damages and wrong. The Court orders copy to be delivered
to party to answer thereunto at the next Court day.
Pieter van de Linde, pltf. v/s Jacob Davidtsen, deft. Plft. says, he
summoned deft, to give evidence of the truth regarding the purchase of
tobacco, which he pltf. bought for Claas Teunisen of Jan Coupal. The
Court orders Pieter Van de Linde to cause the deposition to be written by
the Secretary.
1658] Court Minutes of New Amsterdam. 397
Cornelis Langevelt, arrestant and pltf. v/s Storm Alberzen, arrested
and deft. Pltf. demands from deft. fl. 58: 10 in beavers according to
obligation dated 3 Feby which must be paid in the June following. Deft.
says Joost, the mate of Cornelis Langevelt had the beavers attached at
Fort Orange. The Court declares the arrest valid until the money shall
be deposited.
Engeltje Foppepltf., v/s Jacob Steendam, deft. Pltf. says, deft, sold
her a tub of twisted tobacco at 8 stiv. the lb. and had the same inspected,
but declares it no good and that it was not worth the price, exhibiting a
sample to the Court. Deft, says, she, the pltf., bought a tub of twisted
tobacco and he gave her a sample from the top and the middle and that
she said, she had shewn it to people, but they say it is not good and that
she was willing to keep the tobacco for six stivers, but he answered her,
that he would not give it less than 8 stiv. and that he would not take it
back as the tobacco was a long time at her house and got spoiled there.
The Court refer the tobacco in question to Pieter Cornelisen van der Veen
and Isaack Grevera to inspect it in presence of the Schepen Cornelis
Steenwyck, whether it is merchantable or not.
Storm Alberzen, pltf. v/s Jacob Bersimson, a Jew, deft. No de-
fault is entered against deft, though absent, for reasons before mentioned,
as he is summoned on their Sabbath.
Cornelis the carpenter, pltf. v/s Samuel Etsal, deft. Deft, in de-
fault.
Abraham Rycken, pltf. v/s Jan Rutgersen, deft. The Schout states
that Jan Rutgersen was ordered to deposit the monies, which the pltf. was
demanding from him the deft., within four times four and twenty hours
and has remained in default thereof; requesting that Jan Rutgersen shall
remain in the City Hall until the monies are paid. The Court orders Jan
Rutgersen to remain in the City Hall until the monies are paid or to give
security for the payment within six days.
The Treasurer Allard Anthony appears in Court, demanding that the
judgment pronounced by the Court in date 29'.'' Octob' 1657 between him
and Storm Alberzen may be satisfied and as Storm Alberzen is here and
has no effects, he demands that he be placed in prison until the judgment
be satisfied. The Court orders Storm Alberzen to go to prison and to
remain there until the abovementioned judgment be satisfied.
39^ Court Minutes of New Amsterdam. [1658
Leuntje Pieters, plft. v/s Hay Olfersen, deft. Pltf. demands from
deft, a balance of fl. 84: 19. Deft, admits the debt, requests six weeks
delay, to which party consents.
Allard Anthony appears in Court and declares that the case in ques-
tion between him as attorney of Arent Jansen Moesman cum sociis and
Isaac Mens is settled and requests approval of what the arbitrators have
done.
Hendrick Jansen van de Vin, pltf. v/s Hendrick Pietersen, deft.
Pltf. as curator of the estate left by Hermen Jacobsen Bamboes, demands
from deft. 10 gl. or one beaver for freight which he deft, owes to Hermen
Jacobsen. Deft, delivers into Court a deposition, as to what men pay for
passage going to Fort Orange, and offers to declare on oath, that he came
down only with Hermen Jacobsen Bamboes, and found himself and offers
to pay five guilders in zeawant for passage. Pltf. accepts in Court the
five guilders in payment for the passage, as he will declare on oath that he
only sailed with him, Bamboes.
Skipper Poy, arrestant and pltf. v/s Lauwerens Jansen, arrested and
deft. Pltf. as attorney of Barent Joghimsen by power executed at Am-
sterdam before the Notary Juriaan de Vos and certain witnesses in date
24 Decemb- 1657, demands from deft, payment of fl. 627: 7: 8. according
to acct. exhibited in Court. Deft, admits the debt and says, he must have
money from a man, which is due about the middle of June. The Court
orders the deft, to pay the pltf.
Pieter Rudolfus appears in Court exhibiting an award relative to
some planks in dispute between him and Ryck Hendricksen and Cristiaen,
woodsawyers, and requests he may lift under bail the money he attached
in Sec^ Cornells Van Ruyven's hands. The Court order copy of the
award to be furnished to the woodsawyers and the a/c to be arranged
together.
Capt Jan Jacobsen appears in Court of Burgomasters and Schepens,
stating that, in virtue of a protest made against Jan Willemsen on the 17'-''
May 1658, he has attached in Tomas Hall's hands some goods of Mde
Willems, for a claim of four beavers arising from freight of 5 barrels of
beer; demanding that the attachm' be declared valid. The Court de-
clares valid the attachment on the goods of Juffrouw Willems in Tomas
Halls hands.
1658] Court Minutes of New Amsterdam. 399
Nicolaas Boot appears in Court requesting, to be discharged from
the tobacco; whereupon he is answered, that Joannes Pietersen Ver-
brugge had charge of it and he is attorney of Jan Jansen Bestevaar.
Nicolaas Boot exhibits certain obligation against Jacob Wolfersen
van Couwenhoven, whereby, in default of payment he pledges some goods
mentioned in the acte of obligation, then to sell the same; and whereas
the time has long since elapsed, requests that he may proceed to sale.
The Court orders Nicolaas Boot to notify Jacob Wolfersen by the Mar-
shal, to fulfil the agreement.
Lucas Dirckzen appears in Court exhibiting certain judgment against
Reintje the mason; demands satisfaction of the same. The Court orders
Lucas Dirckzen to notify Reintje the Mason.
Raaf Cardel's wife appears in Court, demands that the judgment
pronounced last Court day be satisfied and that she may attach the monies.
Matthys Capito produces in Court his papers and documents shewing
therein that he is not holden for the payment of the plantation bought by
Raaf Cardel. The Court persists in their previous judgment and if he
Matthys Capito supposes he has any claim, he has to apply to the Director
General and Council.
The Court looking at the question between Joost Teunissen, baker,
and Hendrick Willemsen baker, and the consequences thereof, resolve to
refer it to the decision of Burgomaster Paulus Leendersen vander Grift
and the Schepens Joannes de Peister and Jacob Strycker in presence of
the Sellout Nicasius de Sille, who shall meet in the City Hall on Tuesday,
being the 4* June 1658 at 4 o'Clock in the afternoon.
The award of the arbitrators is approved, inasmuch as Isaack Mens
has declared on oath that he had communicated honestly to the arbitrators
Pieter Cornelissen van der Veen and Paulus Schrick in presence of
Schepen Cornelis Steenwyck, all that he of his knowledge has done here
on his employers a/c.
Jan Rutgersen appears before Burgomasters and Schepens after the
rising of the Bench, and requests that he may go home and promises to
pay within the time of six days or double in default thereof. The Court
persists in their previous decision and judgment.
Monday, 17 June 1658: In the City Hall. Present the Heeren Olof
400 Court Minutes of New Amsterdam. [1658
Stevensen Cortlandt, Pieter Wolfersen van Couwenhoven, Jacob Strycker^
Cornelis Steenwyck, Isaack de Foreest.
The Under Sheriff Resolveert Waldron appears in Court, exhibiting . . .
The Under Sheriff Resolveert Waldron, pltf. v/s Woud Kock, deft.
Deft, in default.
The Under Sheriff Resolveert Waldron, pltf. v/s Jurriaan Blanck,
deft. Deft, in default.
The Under Sheriff Resolveert Waldron, pltf. v/s Adriaan Keiser^
deft. Deft, in default.
The Under Sheriff Resolveert Waldron, pltf. v/s Dirck Jansen Smitt^
deft. Pltf. says that Adriaen Keyser came to him, complaining to him
that the deft, struck him, and demands the fine. Deft, denies it; and
says he only touched and threatened him. The Court orders the pltf. to
prove that he, Adriaen Keyser, struck.
Joannes Nevius, pltf. v/s Anna Webber, deft. Pltf. demands pay-
ment of fl. 16: 15, according to judgment and a/c. Deft, says, that he
was credited in the a/c in Seawant,' but that he had a right to beavers
therein. The Court orders the deft, to pay the pltf. the sum of fl. i6: 15.
or to prove that he hired his daughter to the pltf. for payment in beavers^
and that within the time of eight days on pain of execution.
Joannes Nevius, arrestant and pltf. v/s Hendrick Jansen Grever,
arrested and deft. Deft, in default.
Schepen Pieter Wolfersen van Couwenhoven, pltf. v/s Dirck van
Schelluyne, deft. Pltf. demands payment in beavers of fl. 670: 15. Deft,
answers, he promised as attorney of Juffrouw Leentje and not as princi-
pal. And whereas the Court is not complete, the case is postponed until
the next Court day.
Frerick Lubbersen, pltf. v/s Jacobus Vis, deft. Deft, in default.
Pltf. demands from deft, according to judgment dated 27* May 1658,
payment as being bail for Jacob Wolfersen, as Jacob Wolfersen has not
paid. The pltf. is ordered to notify him, the deft.
Frerick Lubbersen delivers to the Court the return of the Court Mes-
senger to the notice served on Jacob Vis, wherein he, deft, demands copy
of the judgment and obligation. The Court decreed and ordered that
Jacobus Vis shall forthwith pay the pltf. according to the obligation on
pain of execution and that copy of the judgment pronounced in date 27'^
1658] Court Minutes of New Amsterdam. 401
May 1658, shall be furnished him, and also the original obligation after
payment is made.
Pieter van de Linde, pltf. v/s Jan Denman, deft. Pltf. in default.
Jan Coopal, pltf. v/s Pieter van de Linde, deft. Deft, in default.
Pltf. demands that the attachment of his goods arrested by deft, be dis-
charged. Inasmuch as the attachment is not prosecuted before the Bench,
the Court decrees it invalid.
Mattheus de Vos, pltf. v/s Anthony Begyn, deft. Pltf. as attorney
of Charles Morgen, says that the Court pronounced certain judgment,
wherein it was ordered that Charles Morgen should prove, that further
contract was made regarding the payment by deft, of fi. 82. and that the
deft, should prove, that he had delivered the tobacco to Charles Morgen;
producing on the part of Charles Morgan, evidence in writing, that
further contract was made; demanding, therefore, condemnation of pay-
ment. Deft, says he has paid. Pltf. says the tobacco in payment was
not good, and therefore further contract was made. Deft, is asked, as
he had paid, why he had made a new contract ? Answers, he did not
understand, what was written in the contract, and he had spoken with
Charles Morgen, that he will take the tobacco back and give him other
this year instead, if, on the inspection of a man, who had assisted him in
bringing the tobacco there, the tobacco be as good as he had delivered it
to him, and that Charles Morgan had received the tobacco as good. Mat-
theus de Vos is informed, that the declaration is not notarial, but made
under signature. Answers, the witnesses did not appear before him to
make the act notarial, but made it under signature. As the deft, denies
the contents of the declaration, the Court decrees, that Charles Morgan
shall be bound to produce further notarial declaration, under promise that
the witnesses, if need be, shall confirm it on oath, and whether the deft,
made the promise in French or in Dutch.
Joannes Pietersen Verbrugge, pltf. v/s David de Ferera, deft. Pltf.
as attorney of Jan Broun states, that the old De Broun undertook to bring
tobacco for the deft, from the Virginias and that in the father's absence
the son brought the tobacco from the Virginias; demanding back the ob-
ligation as it is paid. Deft, answers the obligation is not yet paid and
that there are three hhds yet wanting, exhibiting the contract, which
mentions the bringing of 40 @ 50 hhds and that he had rec"? 46 hhds. The
VOL. U.— 26
402 Court Minutes of New Amsterdam. L1658
Court decree, that the contract between Jan Broun and David de Ferera to
bring 40 @ 50 hhds of tobacco is fulfilled; they therefore order the con-
tract to be consigned to the Secretary's office, and Joannes Pietersen
Verbrugge is ordered to write to M' Broun to the Virginias to send back
David de Ferera's bond.
Lauwerens Jansen, pltf. v/s Hendrick Jansen van der Vin, deft.
Deft, by reason of sickness is default.
Pieter Rudolfus, pltf. v/s Mattheus de Vos, deft. Pltf. demands
from deft, payment of fl. 26: for two reams of paper. Deft, admits,
having rec'? the paper, but did not agree about the price; demands the
declaration in writing to answer thereunto next Monday in reconven-
tion. Pltf. says, he put the ream^of paper to him 2 gl. less, than he sold
to others. The Court orders the deft, to pay the pltf. and if he have any
thing to bring in reconvention he may do it.
Mattheus de Vos, pltf. v/s Adriaan Keyzer, deft. Deft, in default.
Beletje Jacobs, arrestant and pltf. v/s Abraham Jansen, carpenter,
arrested and deft. Pltf. says she let out to the deft, the work of a house
and as he intends going to Fort Orange requests he may finish the work
first, exhibiting the contract in Court, in which neither time for finishing
the work nor for payment is mentioned. Deft, says, he made the con-
tract, but that the timber was not ready, he must therefore go to another
work, but offers in ten weeks from now to commence the work and place
immediately the cellar beams, with which party is satisfied.
Abraham Frost, pltf. and arrestant v/s Skipper Rycke, arrested and
deft. Deft, in default. The Court declares the attachment valid.
Sibrant Jansen, arrestant and pltf. v/s Gillis Pietersen, arrested and
deft. Pltf. demands from deft, on an obligation fl. 32. in beavers. Deft,
says, he paid to old Werckhoven in making a mill {ee^i quartel Meulen).
Pltf. exhibits in Court certain letter from the young Werckhoven, wherein
he writes, that he does not know in what work he deft, has paid and that
his father has accounted and settled with deft. Deft, offers to pay, if the
debt be booked against him. The Court declares the attachment valid
and orders deft, to deposit the monies according to obligation at the Sec-
retary's office, and the pltf. is ordered to enquire of Jacques Corteljau,
what payment he had had for his mill {quartel Meule ft).
Engeltje Foppe, pltf. v/s Jacob Steendam, deft, Pltf, exhibits cer-
1658] Court Minutes of New Amsterdam. 403
tain writing to the Court and the award regarding the inspection of the
tobacco by the arbitrators thereunto authorized by the Court; who declare
that they found the tobacco unmerchantable, and that they endeavored to
reconcile parties, but that Jacob Steendam will not agree to it. Deft,
says, the trade with the pltf. was clear, and that the tobacco was not so
conditioned, when she received it; demands reparation of character and
indemnity for loss of time. Pltf. says she bought the tobacco only on his
word, placing more confidence in him, than in the lo men, whom she
caused to look at the tobacco, and that it is the same tobacco, which she
bought from him, the deft. The Court decrees, as the pltf. took and
received the tobacco as good and kept it a long while at her house, that
she shall retain it.
Jan Hendrickzen, glazier, pltf. v/s Willem Doeckes, deft. Pltf. de-
mands from deft, the sum of five hundred guilders, the first instalment of
certain land lying in Midtwout * and sold to him. Deft, asks copy of the
demand to answer thereunto in writing at the next Court day. The
Court orders Willem Doeckes to pay Jan Hendrickzen, glazier, and Jan
Hendrickzen abovenamed is ordered to transfer the groundbrief to Willem
Doeckes for which Willem Doeckes is ordered to give a mortgage for the
balance of the purchase money.
Willem Doeckes, pltf. v/s Dirck Volckersen, deft. Deft, in default.
Pltf. requests, that the attachment served on the fl. 26. in Salomon La
Chair's hands may be declared valid. The Court declares the attachment
invalid, as he is a Burgher of this City.
Jacob Leunisen, pltf. v/s Frerick Aarsen, deft. Pltf. demands pay-
ment of fl. 50 on a/c, which he owes him for wages. Deft, answers, that
he did not refuse him money; delivers in Court certain judgment dated
18 April 1658, wherein he is ordered, to keep the balance of the money in
pledge, but says he has no money in hand; and offers to pay fl. 25. in the
last of next week and fl. 25. more in 3 @ 4 weeks after. The Court
orders the deft, therefore to pay the pltf. in the last of next Week fl. 25.
and fl. 25 three or 4 weeks after.
Jacob Wolfersen, pltf. v/s Ragel van Tienhoven, deft. Pltf. de-
mands fl. 138. from deft. Deft, exhibits in Court an assignment amount-
ing to the sum of fl. 150. which he (pltf.) assigned to Adriaen van
* Flatbush, Brooklyn.
404 Court Minutes of New Amsterdam. [1658
Tienhoven for a/c. of Barent, his late servant. The Court orders the
deft, to enquire if the assignment exhibited in Court is paid by the pltf.
or not ; meanwhile the case is so long reserved.
Jacob Wolfersen, pltf. v/s Lucas Eldersen, deft. Deft. 2^. time in
default. Pltf. demands the sum of fl. 181. according to judgment pro-
nounced through contumacy in date 27'^ October 1653. The Court
orders the pltf. to summon the deft, again for the third time, on pain of
execution.
Jacob Leendersen, pltf. v/s Hendrick Hendricksen, the drummer,,
deft. Pltf. demands from the deft. fl. 70. for rent of a cellar. Deft,
denies to owe so much and says he agreed for sixty guild: on condition,
that the cellar should be made tight and that such was not done to this
date, and that he did not deliver him the cellar according to verbal con-
ditions; demanding half the rent for damage and loss suffered thereby,
Pltf. replies that the deft, had bought a lock for fl. 10. which he is willing
to deduct from the rent. The deft, denies it. Jacob Leendersen appear-
ing in Court declares, the cellar to be close and that he deft, had bought
a lock for fl. 7. being willing to deduct it from the rent with which he the
pltf. was satisfied. Hendrick the drummer, appearing in Court declares,
he had bought a lock, to fasten the door, leaving the same in the cellar,
and that it is taken away.
Cornells Langevelt, pltf. v/s Wernaar Wessels, deft., demands from
deft, the ^ of nine hhds of tobacco. Deft, says, he disposed of a parcel
of pltf's tobacco; demands that the pltf. shall declare, what he is to give
for it, and as the pltf. is unwilling to do that, demands postponement:
until next Monday to answer and to proceed for costs and damages.
The Court grant the deft, his request to answer next Monday.
This day, 19. June 1658, Jacobus Vis appears before me Joannes
Nevius, Secret?' on the part of the Burgomasters and Schepens of the Citjr
of Amsterdam in N : Netherland, and declares he appeals to the Director
Genl and Council of N: Netherland from the judgment pronounced b)r
the Court in date if^ June 1658 between him and Frerick Lubbersen.
Monday, 24'^ June 1658: In the City Hall. Present the Heeren
Nicasius de Sille, Olof Stevensen Cortlant, Paulus Leendersen van der
1658] Court Minutes of New Amsterdam. 405
Grift, Pieter Wolfersen van Couwenhoven, Jacob Strycker, Cornells
Steenwyck, Isaack de Foreest.
The Under Sheriff Geresolveert Waldron, pltf. v/s Adriaan Keyser,
deft. Deft. 2*? time in default. The Schout Nicasius de Sille delivers to
the Court, according to order given by the Court in date 17* June last,
certain writing in proof, that Dirck the Smith has struck Adriaen Keiser,
demanding the fine and more than usual as he Dirck had used violence in
said Keyser's lodgings and as Dirck Smith is at Fort Orange the Schout
requests, that the case may be taken up on his return; which is accorded.
Mighiel Jansen, pltf. v/s Dirck Crynen, deft. Deft, in default.
Tonias Hal, pltf. v/s Govert Loockermans, deft, Pltf. delivers in
Court certain writing of complaint and protest for all costs, damages and
interest accrued or to accrue by the attachment of certain tubs of tobacco
by Stoffel van Hooghlandt, clerk of Govert Loockerman, and says, that
he has an a/c with Mf Allerton, whose agent Govert Loockerman is, and
offers to account and settle with him Allerton or his attorney. Stoffel van
Hooghlandt as attorney of Govert Loockerman, requests in writing, that
the attachment on the tobacco be declared valid. Pltf. demands copy of
the general power given by M' Allerton to Govert Loockerman and con-
demnation in all costs, damages and interest suffered, or yet to accrue from
the attachment, inasmuch as his goods are not liable to arrest, according
to the privilege of the City of Amsterdam, having a house and lot here
and keeping Jixum domicilium and that the tobacco may be discharged
from arrest. The Court declares the attachment of the tobacco invalid,
and the deft, is ordered to furnish party with a copy of the general
procuration.
Mattheus de Vos, pltf. v/s Pieter Rudolfus, deft. Pltf. delivers in
writing into Court a demand in reconvention against the deft, for the sum
of fi. 28: 10. together with a declaration of delivery by him deft, to him
the pltf. of two reams of paper. Deft, demands satisfaction of the judg-
ment pronounced by the Court in date I7'^ June last, or that the monies
"be sequestrated, and if the pltf. have any claim, he shall answer him.
Mattheus de Vos is asked, if he have furnished party with a copy of the
a/c he brings in offset ? Answers, No. The Court orders the pltf. to
furnish the deft, with copy of the a/c rendered in Court.
Jan Coopal, pltf. v/s Nicolaas de Meyer, deft. Pltf. demands resti-
4o6 Court Minutes of New Amsterdam. [1658
tution of an anker of Rosa soiis,'^ w^!' he deft, sold him the pltf. and
afterwards sold it again in a mistake. Deft, does not deny having sold
an anker of drink to him the pltf. and says he offered him as an indemnity
for the anker fl. 37: 10. and that he will have fl. 40. The Court orders,
the deft, to pay the pltf. fl. 39. in good stringed zewant or an anker of
distilled liquor.
Jan Coopal, pltf. v/s Pieter van de Linde, deft. Deft, in default.
Claas van Elslandt reports in Court that he found, when summoning,
Pieter van de Linde in bed, lying sick, and that his wife declares so tO'
him Elslant anew. Jan Coopal offers to declare, that the deft, drank half
a mutzie to day in a tavern, saying that he is not sick.
David de Ferere, pltf. v/s Albert Jansen, deft. Pltf. as attorney of
M' Stickely demands, from deft., on M^ Stickely's a/c. three hides^
Deft, answers, that he made for M' Stickely two pillows, two cushions
and a bench, on which they sleep and one bedstead for which she should
have 500 lbs. of tobacco. The Court orders, that the deft, shall pay the
pltf., what the hides weighed, in hides or beavers, on condition that the
pltf. shall give security to pay what M^ Styckely may owe him the deft.
Lauwerens Jansen, pltf. v/s Hendrick Jansen van der Vin, deft.
Pltf. states, that Hermen Jacobsen Bamboes and his wife lived in his
house for which he claims the sum of fl. 25 for 8 @ 9 weeks rent. Deft,
as curator of the estate, left by Hermen Jacobsen Bamboes, requests,
that the attachment on the goods left by Hermen Jacobsen Bamboes may
be declared valid, and that the goods may be placed in his hands. Lau-
werens Jansen being asked, if the property be still in his house ? declares
it is still at his house as described, and leaves it to the discretion of the
Court, what he shall be allowed for the rent; who allow him fl. 12: 10,
with which he is satisfied; discharging the attachment on the goods.
Hendrick Jansen van der Vin requests that the skipper of the sloop
sailing to Canada, may be forbidden to take Dirck Claasen with him,
before and until he has entered security for the payment of the sum due
according to obligation to Hermen Jacobsen Bamboes, which is granted
him.
Pieter Taalman, arrestant and pltf. v/s the surgeon of the ship^
The Sphera Mundi, arrested and deft. Pltf. says he arrested him deft.,
* A Cordial, now known under the name of Rosoglio.
1658] Court Minutes of New Amsterdam. 407
as att^ of his skipper, for an anker of brandy sold him, and 400 lbs.
tobacco delivered to his brother; demanding payment therefor. Pieter
Rudolfus as atty of the skipper of the ship the Spheramond^ says that the
surgeon was not att'y of the skipper, but was sent merely on a simple
message by the skipper; and further declares that he, the pltf., settled
with the skipper and thanked him, and that the skipper had sent him a
letter, and also the letter was written to him by Taalman. The Schout
Nicasius de Sille declares, the skipper declared that he was willing to
swear, that he was not indebted to the pltf. Pieter Taalman demands
time to prove that the surgeon of the ship the Spherainofid \\?i?, att'y of his
skipper. The Court grant Taalman's request.
Wernaar Wessels, pltf. v/s Paulus Haimans, deft. Pltf. demands
from deft, fl, 71: 10: 4 seawan balance of excise from the year 1656 and
58. Deft, being fuddled had a hearing; he exhibits in Court an a/c from
the pltf. wherein he proves indebted a balance of fl. 50. 5. 2. sewant, but
it mentions neither day nor date.
Cristiaan Anthony, pltf. v/s Hilletje Jans, deft. Pltf. says, the deft,
stated, that his wife was in the bush with the supercargo of the Bear :
demands proof. Deft, answers, that she heard from others, that the pltf's
wife with the supercargo of the Bear had been looking for the skipper of
the Bear, who was lying asleep in the bush; and that this was unbecom-
ing an honest woman: declares further, that the pltf's wife came to her
house clad in man's clothes, having a pair of whiskers painted black,
asked a pint of beer; which being declared in presence of the pltf. was
not denied by him.
Jacob van den Bos, pltf. v/s Hermen Jansen Drayer, deft. Pltf. de-
mands twenty guilders from the deft. Deft, says he has nothing at
present; but offers to pay, and says he, the pltf., must yet make some-
thing; which the pltf. does not deny, but says the deft, does not furnish
materials. The Court orders the deft, to pay the pltf. within a month.
Schepen Cornells Steenwyck requests by petition (to know) the time
of payment of the nine hundred and thirty five guilders. Is given for
apostille — It is agreed to pay the nine hundred and thirty five guilders
within nine months from date.
On Simon Joosten's reply, is ordered: — Copy to be furnished to
party.
4o8 Court Minutes of New Amsterdam. [1658
Schepen Isaack de Foreest demands execution against Gerrit Hen-
dricksen, Farmer (of the Excise) as bail and co-principal of Jacob
Wolfersen van Couwenhoven, under renunciation of the benefit ordinis et
excussionis.'^ Whereupon he is ordered to notify the bail once again
through the Court Messenger; which being done, 't is disposed of as
follows: — The Court orders the Marshal, to put these into execution
against Gerrit Hendricksen, Farmer, as bail and co-principal.
Again, Schepen Isaack de Foreest requests execution against the
goods of his late servant Janneke Cornelis. Whereupon he is answered,
to notify her. He declares he did so. Thereupon it is disposed — On
the exhibition of the notice to the President, execution shall issue.
Ordered, on Wernaar Wessels answer to Cornelis Langevelts demand:
— Copy to be furnished party.
On Jan Vigne's petition is apostilled — For the arrangement stated in
this petition, the petitioner is allowed as arbitrators Sieur Wilhelmus Beeck-
man and Egbert Woutersen to dispose of the within mentioned as they
shall find to consist with law and equity.
Mattheus de Vos appears in Court, requests approval of the award of
the arbitrators in the case between him and Jacob van Corlaar; exhibiting
the same to the Court; Whereupon is ordered: — The Court approves the
award of the arbitrators.
Jacob Leendersen requests in Court an end of the case in question
between him and Hendrick the drummer. Whereupon he is asked if he
has entered it ? Answers, No.
Whereas it is past Noon, and all the cases at issue cannot be disposed
of, the Court resolves and determines to appear again in an hour to finish
all the business, as vacation is at hand.
On the 24* June 1658; In the afternoon. Present the Heeren Olof
Stevensen Cortlandt, Paulus Leendersen van der Grift, Pieter Wolfersen
van Couwenhoven, Jacob Strycker, Cornelis Steenwyck, Isaack de
Foreest.
* Beneficiurn ordinis et excussionis was a privilege, whereby the bail or surety had
the right to have suit brought and execution issued against the principal debtor, before
recourse being had against the bail. Van Aleer, Definitie van Beschreven Rechten,
p. 294.
1658] Court Minutes of New Amsterdam. 409
Cornelis Langevelt appearing in Court is asked, if he have any know-
ledge of the agreement about the rent of a cellar which Jacob Leendertsen
and Hendrick the drummer made together ? Answers, he heard that
Jacob Leendersen asked fl. 70. and that Hendrick the drummer offered
fl. 60. Knowing nothing more of the matter. The Court having heard
parties at last Mondays session and, thro* condescension this day, Cornelis
Langevelts declaration, condemn Hendrick the drummer to pay Jacob
Leendersen the sum of fl. 62: as the cellar was not delivered pursuant to
verbal conditions.
Jan Hendrickzen, glazier, appearing in Court exhibits the return of
the City Messenger to the notice served on Willem Doeckes. Is answered,
the judgment is appealed from.
Abraham Frost appears in Court to know, what has been done by the
Fiscal as to the ship the Spheramond in the case between him and Hen-
drick Rycken skipper of the said ship ? Gets for answer — to go to the
Secretary. Whereupon the Secretary is ordered, to furnish him with copy
of the answer rendered by Hendrick Ryken aforesaid to the Fiscal.
On the written testimony of Allard Anthony given into Court by
Pieter Taalman respecting the reimbursement of 297 lbs. tobacco by said
Taalman to Allard Anthony for a/c of Jan van Leiden, tis ordered — Copy
of the evidence to be furnished to Jan Willemsen.
Dirck van Schelluyne appears in Court requesting an execution or
writ {Schadi brief) against Jacob van Couwenhoven for the sum of fl. 620,
as he has served 4 @ 5 notices. The Court grant Dirck van Schelluyne's
request.
The Court having seen the case in question between Schepen Pieter
Wolfersen van Couwenhoven and Dirck van Schelluyne, and the demand
made in revision by said van Couwenhoven, it is ordered that copy of the
demand in revision be furnished Dirck van Schelluyne to answer thereunto
at the next Court day.
This day, 24 June, Willem Doeckes appears before me Joannes
Nevius, Secref^, and declares to appeal to the Director General and
Council of N. Netherland from the judgment pronounced between him
and Jan Hendricksen, glazier, by the Court.
Monday, 8* July 1658: In the City Hall. Present the Heeren Olof
4IO Court Minutes of New Amsterdam. [1658
Stevensen Cortlandt, Paulus Leendersen vander Grift, Pieter Wolfersen
van Couwenhoven, Cornelis Steenwyck, Isaack de Foreest.
The President states, that he rec'? three writs of appeal to the D'
General and Council from judgments, pronounced by the Court of this
City, with intimation that those of the Court may, if they please appear
until the day of the disposition thereof, or send attornies to hear the
judgment of the Hon'''.' Court aforesaid either in confirmation or reversal.
Whereupon the Court resolved by plurality of votes not to pay attention
to it.
The President states, that Philip Schoof requested, as he is arrested
by Teunis Kray, that Teunis Kray shall give security for the loss of time,
which he, Scooff, may happen to suffer by the arrest; offering, meanwhile
to give bail to appear at all times to the action which he Teunis Kray
shall institute against him, Scooff.
Extraordinary Court, Thursday, II'^ July 1658. In the City Hall.
Present the Heeren Nicasius de Sille, Olof Stevensen Cortlandt, Paulus
Leendersen vander Grift, Pieter Wolfersen van Couwenhoven, Jacob
Strycker, Cornelis Steenwyck, Isaack de Foreest.
Teunis Kray, pltf. v/s Philip Scoof, deft. Pltf. delivers his demand
in writing to the Court. Deft, asks copy of the demand to answer there-
unto at the next Court day. Ordered ; copy of the demand to be fur-
nished to 'party to answer thereunto within four times four and twenty
hours and to place the answer in the Secretary's hands.
The Court resolves to request the Direct^ General by petition to
communicate to the inferior Bench of Justice the privilege of the Great
Burgher-right.
The President states, the Burgomasters have resolved, that the Board
should fix certain hours of the day when the working-people should go
to their work and come from their work, as well also their recess for
meals. Wherein the Board resolved to draft a petition to the Director
General and Council to establish Guilds.
It is further submitted to the Board to rate the seawant, and the
Board resolved to defer the same somewhat.
Again, the surveying of this place was proposed to the Board ; but
nothing was done therein.
1658] Court Minutes of New Amsterdam. 411
Extraordinary Court holden on Saturday, 13".'' July 1658: In the City
Hall. Present the Heeren Nicasius de Sille, Olof Stevensen Cortlandt,
Paulus Leendersen van der Grift, Pieter Wolfersen van Couwenhoven,
Jacob Strycker, Cornelis Steenwyck, Isaack de Foreest.
Jan Aarsen Nieuw-hof or Jan Coopal, pltf. v/s Pieter van de Linde,
deft. Plft. produces in Court his demand in writing, suing the deft, for
the sum of fi. 327: 10 balance and two gold rings. Deft, denies the debt.
Pltf. says, he sent him, the deft., the a/c by his man and that he, deft.,
flung the a/c out of the house ; and afterwards sent the a/c again by the
Court Messenger to him the deft, who gave for answer, he had the a/c in
his head. Deft, states generally, he has an offset a/c, and what is due the
pltf. Regarding the six hhds of tobacco says, that the Supreme Council
was pleased to condemn him to return the monies received thereon, to
Claes Teunissen, on condition of holding his guarantee on him the pltf.^
therefore demands from the pltf. repayment thereof as he has charged
him. Pltf. says the a/c produced by the deft, must be false or that Beek-
man's hand is a forgery; exhibiting Beekman's a/c and states further at
large how the case stands ; and appearing again in Court is asked if he
has exchanged any tobacco and has any more to bring in his defence ?
Answers, knows of no barter and cannot bring in any more than he has
brought; and says he has written to the Virginias to Nicolaas Emerson.
Pieter van de Linde appears in Court and says, there is a person below,
who will declare on oath, that he heard Nicolaas Emerson say the tobacco
was changed by order of Jan Coopal. Samuel Edsal appears in Court
and declares that Nicolaas Emerson told him in Jan Delman's cellar, Jan
Coopal sold Pieter van de Linde five hogsheads tobacco, and had ex-
changed another, which Pieter van de Linde had not seen; offering if
need be to confirm the same on oath. Philip Minturn appears in Court,
and the translation of the declaration he made is read to him; requests to
see the original, which is exhibited in Court by Pieter van der Linde and
read to him, which being read over by him, declares it to be such, as he
has stated according to the translation in Dutch. Jacob Davids appears
in Court and declares that he exchanged a hhd. of tobacco by order of
Jan Coopal, agreeably to the declaration thereof made before the Secre-
tary Cornelis van Ruyven, dated 4'^ June 1658 and hath so sworn before
the Supreme Council. Jan Coopal appears in Court, demands written
412 Court Minutes of New Amsterdam. [1658
copies of all the papers produced against him by Pieter van der Linde;
l)ut that notwithstanding the suit may proceed, yet he must first speak to
a man and offers to give security for the damage, that Pieter van de Linde
might suffer by the arrest; demands judgment and copy thereof. Pieter
van der Linde is asked, why he offered to pay Jan Coopal on the notifi-
cation from Jan Coopal by the Court Messenger ? Answers, he preferred
to be rid of the trouble than to come before the Court, and that he offered
to satisfy Claas Teunissen in Holland or elsewhere. Jacob Davids, who
is arrested by Jan Coopal regarding the declaration rendered by Pieter
van de Linde, and should have sailed as skipper of Augustyn Heerman's
bark, and is injured by the arrest, demands reparation of damage and
loss suffered by the attachment, exhibiting to the Court declaration of
character. Jacob Davidts is asked, if he has first sworn to the declara-
tion which he subscribed before the Secretary van Ruyven ? Answers,
Yes; before the Fiscal in presence of Mr. Tonneman and the abovenamed
Secretary. The case is postponed until next Monday and the Court
Messenger is ordered to summon parties; also Tomas Walron, Guiliam
Verlett and Jan de Pre.
Monday, I5'^ July, 1658: In the City Hall. Present the Heeren
Nicasius de Sille, Olof Stevensen Cortlandt, Paulus Leendersen vander
Grift, Pieter Wolfersen van Couwenhoven, Jacob Strycker, Cornelis
Steenwyck, Isaack de Foreest.
At the request of the Schout, Burgomasters and Schepens, Jan de
Pre is examined on Interrogatories as follows:
1. What is your Name? Your age? And where are you from?
Jan de Pre; 23 yrs of age and from Commene in Flanders.
2. Do you recollect having been present at a bargain in Jan Del-
man's cellar, in Pieter van de Linde's presence, for some tubs of tobacco ?
Yes.
3. How many tubs of tobacco were bargained for ? Five.
4. Were you always present during the trading of the tubs, and in
getting them out ? No.
5. Did you see, that any of the tubs were exchanged before being
bought out from the cellar ? No.
6. Was there more than five tubs ? There was one tub more.
1658] Court Minutes of New Amsterdam. 413
Jan de Pre declares, that there was one tub of tobacco standing
above, the bottom of which was not fast and traded it off; and says, that
Jan Coopal did not cause him to give evidence, except only that he saw
no changing. Guiliam Verlett appears in Court; declares that he heard
Jan de Pre say, that Jan Coopal asked him to give false testimony, which
Jan de Pre denies and declares, that Jan Coopal said to him; Were you
not such friends with Pieter Van de Linde and Jacob Davidts, you would
well know, what others said. Offering to confirm the same on oath; and
says further, that Guiliam Verlett said to him yesterday evening — Fear
not I shall help you out. Verlett does not deny that — and says further,
that Verlett wrote a declaration for the last day, but that it is away.
Jacob Davidts declares in Court that Jan de Pre said, Jan Coopal asked
him to make a false statement and declares further, that Jan Coopal
brought Jan de Pre to the Notary Pelgrum Clock to write a declaration
but he, Clocq, would not do so, and that Jan Coopal further went with
Jan de Pre to Mattheus de Vos to have a declaration written there, and
that Jan de Pre said, What ! do you mean, that I shall give false evi-
dence ? Whereupon M- de Vos gave Jan Coopal a reprimand, but says,
that De Pre was drunk, and he told him so in presence of Pieter van de
Linde and Guiliam Verlett and believes therefore he De Pre will deny it.
Jan de Pre declares he opened and closed five tubs at both ends, but not
after each other, as he went in and out, but knows not that he opened
one tub twice. Mattheus de Vos appearing in Court declares, that he
told Jan de Pre, Be prudent in giving your evidence, and testify to nothing,
but what you are certain of. Jan de Pr^* appears in Court, asking if the
contrary has not been established of Jan de Pre having been requested by
him to give false testimony, and says, that he had three men at work,
each of whom would earn fi. 2. per day, and that they say — We worked
the entire day; we should now have a gallon of beer. He thereunto an-
swered, you have earned six guilders. Will you carry a quarter cask of
beer to Beeckman, you can do that — and declares he gave no order in the
changing of the tobacco nor did it occur with his knowledge, and that he
wrote to the Virginias to make the contrary appear and had no more than
six hhds of tobacco in the cellar, and that he sold and delivered the six
to Pieter van de Linde.
* Qu. Coopal.
414 Court Minutes of New Amsterdam. [1658
Teunis Cray appears in Court, and declares that a compass was taken
from his vessel at Westchester, but it was again brought back, but does
not know what to call that.
Wernaar Wessels delivers into Court Philip Behoof's answer to
Teunis Kray's demand. The Court orders copy to be furnished party to
reply thereunto within four times four and twenty hours and to hand the
reply to the presiding Burgomaster.
Jan Coopal appears in Court and requests an end of the case as he
knows of no more evidence; and therefore the following judgment is ren-
dered:— Burgomasters and Schepens having considered the vouchers,
papers and documents produced and delivered into Court by Jan Aarsen
van Nieuwhoff, commonly called Jan Coopal, pltf., for and regarding a
claim for a balance of eight hogsheads of tobacco, against Pieter van de
Linde, deft., and pltf. in reconvention, which vouchers, documents and
proofs exhibited in Court by both sides, being read, re-read, examined
and weighed (and parties being heard in opposition), it is found both by
the examination of credible witnesses examined in Court and by written
proofs produced, that the pltf. has proceeded against him the deft, and
pltf. in reconvention sinisterly and in bad faith in the sale and delivery of
six hogsheads of tobacco which he, the deft., viewed and purchased for
Claas Teunisen; for the deft, proved in writing, that Nicolaas Emerson
and Jacob Davidts had caused to be set aside one hogshead of tobacco,
by order of him the pltf., which the deft, selected as good and placed
another in its stead, and immediately had it rolled out unknown to the
buyer, had afterwards let him view again the abovementioned hhd. of
tobacco which he again inspected as good; so that the deft, twice viewed
and inspected one hogshead; whereupon Jacob Davidts being heard in
Court, he admits it as he has also attested before the Secretary Cornelis
van Reyven and certain witnesses in date 4'^ June 1658, and has sworn
to the statement before the Fiscal in presence of Mr. Tonneman and the
abovenamed Secretary, as he has declared in Court; besides which de-
claration there are three other depositions, which declare, they heard that
Nicolaas Emerson has said that the pltf. has changed one hogshead which
two credible witnesses offer to swear to; and whereas he, the pltf. brings
in his documents no sufficient proof for his defence or exculpation, ex-
cept certain evidence of one Willem Joun who is declared by three
1658] Court Minutes of New Amsterdam. 415
credible witnesses to be such a person, whose oath ought not to be
received in Court on account of his theft committed at Westchester, for
which he was punished there; further also a declaration of Jan Denman,
tailor, and lessor of the cellar in, which he, the pltf., had the tobacco
stored, which declaration agrees word for word with that of Willem
Jour(?); also a declaration of Jan de Pre, which three cannot affect the
case; and whereas he, the pltf., has been previously asked, if he has any-
more declarations to produce in his defence than he has brought forward,
and he gave for answer, that he has no other than he produced, request-
ing that the case in question may be disposed of, which with the opposite
declaration exhibited by the deft, being examined and weighed by the
Court, together with all that may be material, their Worships decree and
adjudge that he, the pltf. shall retain by him the six hogsheads of tobacco
which he delivered to the deft, for a/c of Claas Teunisen, and therein
acted fraudulently, and shall restore to the deft, the hundred guilders in
zeawant and forty pieces of eight which he rec*? from Claas Teunisen
abovenamed on the aforesaid six hhds. of tobacco; and be further con-
demned in the costs of suit; What regards the a/c existing between him,
the pltf., and him the deft, the Court decree, that they arrange it together
in all love and friendship if possible, or otherwise the Court will select
arbitrators to settle it. Thus done in Amsterdam in N. Netherland, in
the City Hall, at the Court of the W. Heeren Schout, Burgomasters and
Schepens of said City. Ady, as above.
Monday, 12* August, 1658; In the City Hall. Present the Heeren
Nicasius de Sille, Paulus Leendersen vander Grift, Olof Stevensen Cort-
lant, Joannes de Peister, Pieter Wolfersen van Couwenhoven, Jacob
Strycker, Cornells Steenwyck.
The Schout, Nicasius de Sille, requests, as he has imprisoned for
committed theft one commonly called Capiteintie, that the Court would
please depute two Commissioners from their Board in the action, which
he shall have to institute against him; which being considered by their
WorshP.^ they have thereunto deputed Schepens Jacob Strycker and
Cornells Steenwyck to sit as Commissaries over the abovementioned
matter.
Further, the Schout requests, as Jan de Ruiter is about to depart and
4i6 Court Minutes of New Amsterdam. [1658
has wounded here Jurriaen Blanck's son, that the abovenamed Jan de
Ruyter remain arrested or give bail for the judgment.
Schout Nicasius de Sille, pltf. v/s Jan de Ruyter, deft. Pltf. says,
that the deft, has wounded Jurriaen Blanck's son, demanding therefore
the fine affixed thereon, and that meanwhile the deft, shall remain in
arrest, or give security for the judgment of the W: Court. Deft, delivers
into Court a declaration as to how the matter happened. The pltf.
demands copy of the declaration. The Court declares the arrest valid
until he, the deft., shall have given security, and orders copy of the
declaration to be furnished the Officer.
The Heer Schout, Nicasius de Sille, pltf. v/s Salomon La Chair,
deft. The pltf. states, that Joannes Vervelen and Adriaen Reiser were
disputing together, two days before the departure of the Bear, and that
Vervelen came to deft's house and got into a dispute with a soldier, and
that the deft, took away the soldiers sword ; and as the deft, as a landlord
is not allowed to take away his sword from a soldier when insulted, he
demands that the Court may correct him therefor. Deft, answers the
case is misrepresented; declaring fully, how it occurred, and says he
asked the soldier for the sword to prevent further mischief, but that after-
wards they came to blows and that he twice separated them, and carried
Vervelen home, and returned to his house, when the clock struck nine,
finding the soldier still at his house making great noise, but that he got him
out of the house. Deft, is asked, if he can bring proof ? Answers, that Jan
Lubbersen and Willem Doeckes know it. The pltf. demands, that the deft,
shall declare on oath the precise truth before the Secretary. The Court
orders the Schout to prove, that the deft, took away the soldier's sword.
The Schout delivers into Court certain complaint in writing entered
by Josep d'Acosta regarding the abuse and evil speech of Grytie Maas,
arising from difference of a/c, and that Sieur Joannes Vervelen mingled
therein increasing the abuse and shoving him; demanding maintenance
of himself and Nation.
Joannes Vervelen appears in Court; and an a/c relative to the weight
of nails was communicated to him, besides the difference thereon;
Answers thereupon, that he drew up the a/c as rendered by Grytie Maas
to him, from his book. Whereupon he is ordered to make a new extract
from the weigh book, as well as the a/c of the weigh money.
1658] Court Minutes of New Amsterdam. 417
The minute of complaint being read to Joannes Vervelen he demands
that it be proved that he abused D'acosta. The Schout demands, that
parties shall appear on the next Court day to produce their differences.
Schout Nicasius de Sille, pltf. v/s Elsie van Reuvecam, deft. Re-
solveert Waldron appears in Court and says he fined the deft, because she
has not taken out any licence. Deft, answers, she took out a licence
exhibiting in Court two, which being examined were found to be no
licenses, but a certificate, that the fees of the licence were paid; and
whereas she, the deft., appears innocent, she is this time excused.
Schout Nicasius de Sille, pltf. v/s Meindert the cooper, and his
man, deft. The pltf. says that the deft, and his man had a dispute with
an Englishman and wounded him. Deft, denies it. The pltf. undertakes.
to prove it.
Wernaar Wessels, pltf. v/s Mighiel Jansen, deft., demands from
deft. fl. 143. 8. balance of a pipe of Sack. And says that he the deft„
had summoned him before the Council a year and a half ago. Deft,
denies it not, but says he assigned him to Augustyn Heermans, who has
remained in default of payment, and does not deny the debt. The Court
orders the deft, to pay the pltf.
Walewyn Van derVeen appears in Court demanding, that Jacob
Schellinger may be imprisoned on account of a procuration from Pieter
Toom in Amsterdam in Netherland. Whereupon he is asked if he has the
procuration with him ? Answers, No — Is therefore ordered to fetch it.
Returning, exhibits it with request that he be put under arrest. The
Court grant petitioner his request.
Mighiel Jansen, pltf. v/s Augustyn Heermans, deft. Deft, in
default.
Andrees Joghimzen, pltf. v/s Reinier Gauckes, deft. Both in de-
fault.
Tomas Hal, pltf. v/s M' James Code, deft. Pltf. in default. Deft,
says, pltf. has attached some goods, and as he pltf. has not appeared to
prosecute the attachment, the Court therefore released the property from
arrest.
Philip Shooff, pltf. v/s Breeghlande van de Graaf, deft. Both in
default.
Philip Schoof, pltf. v/s Claas Gangelof Visser, deft. Pltf. in default.
VOL. II.— 27
4i8 Court Minutes of New Amsterdam. [1658
Jan van Leiden, pltf. v/s Dirck Clasen Pottebacker, deft. Both in
default.
Nelis Matthys, pltf. v/s Cornelis Janzen, woodsawyer, deft. Pltf.
demands in writing from deft, the sum of fl. 128. 4 balance as appears by
a/c exhibited in Court. Deft, denies owing so much and says the pltf. is
a thief, saying he stole a crow-bar from the General and sold it to little
Abramje; moreover, advised him to steal his timber from the General and
sell it ; offering to prove it. The Court orders copy of the demand and
a/c to be furnished to party to answer thereunto at the next Court day.
Burgomaster Paulus Leendersen van der Grift, plft. v/s Gysbert Op-
dyck, deft. Deft, in default.
Freryck Lubbersen, pltf. v/s Jacob van Couwenhoven, deft. Deft,
in default.
Joannes Vervelen, pltf. v/s Lauwerens Janzen, deft. Pltf. demands
from deft. fi. 150. in beavers and fl. 120. in zeawant for a horse according
to assignment which the deft, has accepted. Deft, says the money has
been attached in his hands by Jan Eversen Bout. The Court orders the
deft, to pay the pltf. according to assignment, as the attachment is void,
the same not having been prosecuted.
Cornelis Langevelt, pltf. v/s Wernaar Wessels, deft. Pltf. exhibits
in Court the deft's answer regarding the question of nine hogsheads of
tobacco, wherein he, the deft., will prove, that he settled with the pltf.
about the tobacco; demanding, in reply, that the deft, shall produce his
proof, persisting further in his previous demand. The Court orders the
deft, to produce his proof at the next Court day.
The President proposes, as considerable brandy is sold by the
Burghers to the Indians, if it be not prudent to establish strict regulations
regarding it and to punish it by a fine of fl. 250.
Philip Schoof appears in Court, demanding as he is betrothed and
his bride has been defamed by Breghtlande van de Graaf, that the above-
named Breght shall prove her defamation on condition of repairing her
character; whereupon he is ordered to summon her again on the next
Court day.
Nicolaas Boot appears in Court, and requests that the case be pro-
ceeded with, which he has against Jacob Wolfersen regarding the payment
of certain obligation exhibited in Court on the 3^^ June 1658, so that he
1658] Court Minutes of New Amsterdam. 419
may get his money. The Court orders the Marshal to levy execution in
the case without delay.
Schepen Pieter Wolfersen van Couwenhoven requests, that a termina-
tion be put to the case in question between him and Dirck van Schelluyne
regarding the 40 skepels of pease.
The Court orders Dirck van Schelluyne again to answer on the next
Court day the demand in reconvention, on pain of being non-suited.
The Officer is directed (to warn) every one, who has placed thatched
roofs on their houses, also who have plaistered chimneys, to remove them.
Tuesday, 20'.*^ August, 1658: In the City Hall. Present the Heeren
Nicasius de Sille, Paulus Leendersen vander Grift, Olof Stevensen Cort-
landt, Joannes de Peister, Pieter Wolfersen van Couwenhoven, Jacob
Strycker, Cornells Steenwyck.
The Schout, Nicasius de Sille, states, that arrests are made and dis-
charged which are not communicated to him. The Court orders the
Court Messengers not to make or discharge any arrests without making
the same known to the Schout.
The Schout further states, that he has examined Capeteintje and also
Hermen Barensen, and that Hermen Barensen admits having received a
half beaver from Capeteintje, so that Capeteintje has stolen more than he
acknowledged.
Schout Nicasius de Sille, pltf. v/s Joannes Vervelen and Grytie
Maas, deft. Grietie Maas sick. The deft. Joannes Vervelen exhibits
certain a/c and is asked, if that be the a/c of the nails in question with
Jacob Cohn, Jew ? Answers, Yes, and declares to have delivered a keg
with nails of 575 lbs. to Grietje Maas, and allowed her a discount of 6
per ct. for light weight ; and says the woman cannot read or write ; ex-
hibits in Court an a/c book, offers to swear that to his knowledge there
was no mistake in his entry. Josep d'Costa appears in Court and is asked
to render into Dutch the letter, which Jacob Cohn wrote him, which being
done, says Joannes Vervelen said to him; You are a Jew, you are all
cheats together; which Vervelen denies and says he will prove it. Parties
having been heard, the Court orders, that Grytie Maas shall produce addi-
tional proof on the next Court day.
Burgomaster Paulus Leendersen vander Grift, pltf. v/s Gysbert
420 Court Minutes of New Amsterdam. [1658
Opdyck, deft. Deft, for the 2^? time in default. The pltf. demands
from deft, the sum of fl. 147.8. balance of an obligation, and demands
sequestration. The Court orders the deft. Gysbert Opdyck to deposit
the money with the Secretary of this City within the space of eight days.
Jacob W. van Couwenhoven, pltf. v/s The Heer Allard Anthony,
deft. Pltf. demands from the deft, the sum of fi. 320. for brewed beer,
being 32 barrels at fl. 10. the barrel. Deft, denies owing so much, and
says he had 15 pipes brewed @ fl. 10. the pipe; exhibits in Court the con-
tract without the same being signed; requests proof of his demand, saying
that Pieter van Couwenhoven and Govert Loockermans were present.
Schepen Pieter van Couwenhoven declares, he has no knowledge of it, as
Avhilst they were agreeing he went away; that his brother told him, he
agreed @ fl. 10. the tun. The pltf. is asked, how he contrived to make
two of one, and how he counts it ? Answers, makes two tuns of beer out
of one pipe, and offers to swear, that they so agreed. Pltf. is asked how
many tuns of beer he has delivered ? Answers, ;^^ tuns, but reckoned
only 32. and says he signed the written contract. Pltf. says he did not
make nor sign any contract. The Court orders the pltf. to give further
proof on the next Court day.
Allard Anthony appears in Court, states that Foppe Jans' wife made
her domicile here to pay an obligation in favor of Isaac Mens, transferred
to him, and that he has written about it to the South river, but received
no answer; demanding judgment and payment of the costs thereof. The
Court order their Secretary Joannes Nevius to write to Foppe Jans, that
he is again notified to pay the note by the first vessel, or to state what
objection there is to it, or that otherwise judgment unto execution shall be
pronounced against him; which letter is ordered to be sent open under
cover to Secretary Cornelis van Giesel Simonsen with request to hand it
to him and to notify him at the same time, and to communicate the return
on receipt to Burgomasters and Schepens, who hold themselves bound to
reciprocate in similar or other circumstances.
Wernaar Wessels, pltf. v/s Paulus Heimans, deft. Deft. sick.
Pieter Buis and Jacobus Calf, pltfs. v/s Paulus Heimans, deft. Deft,
sick, as above.
Claas Gangelof, pltf. v/s Arien Otte, deft. Deft, in default.
Claas Gangelof, pltf. v/s Salomon La Chair, deft. Deft, in default.
1658] Court Minutes of New Amsterdam. 421
Hendrick Barenzen, pltf. v/s Joost Goderus, deft. Pltf. says he
fished up some timber, which the deft, says belongs to him, demanding fl.
4. for it. Deft, says he was driven past the Manhattans by bad weather
with a raft of timber and landed it on Nutten Island, and that he the pltf.
took it off without consent. Pltf. replies, that he asked a rope from the
deft, saying, you must give me the rope, because I saved the timber; to
which he deft, answered, the rope cost nothing in Holland, and referred
him to the Secretary Cornelis van Ruyven to get his pay for saving the
timber. The Court orders the deft, to pay the pltf. fl. 3. and to keep
himself quiet.
The Schout, Nicasius de Sille, says, that Joost Goderus unreasonably
abuses people, when he is somewhat out of his head, and that the Magis-
trates will please reprimand him for it, which is done.
Pieter Rudolfus, pltf. v/s Wolfert Gerrisen, deft. Deft, in default.
Jacob van Couwenhoven, pltf. v/s Ragel van Tienhoven, deft. Pltf.
demands from the deft, payment of fl. 138. Deft, delivers into Court an
answer in writing, wherein she proves that the pltf. has not paid her
husband, what he owes him for a fine of Parent, his servant. Pltf. says
he paid Tienhoven, and is not indebted to him. The Court orders the
pltf. to produce further proof on the next Court day, and to bring with
him Parent his late servant.
Cornelis Langevelt, pltf. v/s Wernaar Wessels, deft. Pltf. exhibits
in Court an extract from the minutes dated 12. Aug'st, and demands that
deft, shall produce his proofs. Deft, is asked, where are the proofs, and
exhibits to the Court a declaration of the agreement of the tobacco, at-
tested to by Timotheus de Gabry and Jacobus Vis. Timotheus de Gabry
and Jacobus Vis appear with parties in Court, and they were asked, if
they will swear, to what they have testified ? Answer, Yes. Cornelis
Langevelt is asked if he have any thing more to bring forward ? Declares,
he said to deft, when he passed by Daniel Litsco's — I cannot get a cart;
whereupon deft answered — Can't you get a cart ? Get one in my name.
Thereupon he, pltf., replied, There is a heap of trouble attending it; give
me a can of wine or I give you one. Thereupon Allard Anthony said —
Brother in law, that is a challenge; to give or take a can of wine. There-
upon Wernaar said, there is no difficulty, when at home we can share and
divide the trouble. Thereupon he, pltf., went out, and got a carman,
422 Court Minutes of New Amsterdam. [1658
and exhibits to the Court an extract from the a/c for the tobacco from the
Secretary Cornelis van Ruyven who admits to have been paid it by him,
in date 17'.'' June An° 1658. Wernaar Wessels appears in Court, and the
extract exhibited by the pltf. is communicated to him. Whereupon he
answers, that the pltf. acted sinisterly; persisting in his declaration and
answer. Timotheus de Gabry and Jacobus Vis were asked, if they heard
that the trade was final, to give or take for a can of wine ? Answer, Yes;
and that the trade was final, but declare that the pltf. was presently per-
plexed. The Court orders the deft, to produce further proof at the next
Court day.
Jacob Leendersen vander Grift, pltf. v/s Jan Hendricksen, deft.
Deft, in default. The Schout says, that he allowed the deft, to go by
consent of the pltf. and shall summon him for the next Court day.
Skipper Albert Janzen Toy, pltf. v/s Capt Beaulieu, deft. Deft, in
default.
Jacob van Couwenhoven, pltf. v/s Lucas Eldersen, deft. Deft. sick.
Cristiaan the Soldier, pltf. v/s Jacob Eldersen, deft. Deft, in
default.
Mighiel Jansen, pltf. v/s Jacob Eldersen, deft. Deft, in default.
Joannes Lamontagne Junior, pltf. v/s Tomas Waldron, deft. Both
in default.
Nelis Matthys, pltf. v/s Cornelis Janzen, woodsawyer, deft. Deft,
in default. Deft, requests time until the next Court day, as he was sum-
moned too late.
Jan Rutgersen, pltf. v/s Gerbreght de Goyer deft. Pltf. demands from
the deft. fl. 127 : 10 for board. Deft, says he now and again paid something
to pltf. and offers to pay fl. 50 this week and something more in two
months; admits the debt and says the pltf. took two stivers per mutje for
brandy from him more than from others. The Court orders the deft, to
pay the pltf. fl. 50. this week and within two months from date fl. 50.
more; and the balance in two months after.
Jannetie Meleins, pltf. v/s Sibout Clasen, deft. Pltf. demands from
deft, payment of a lot. Pltf. is asked, if she has authority from her hus-
band ? Answers, No. Schepen Cornelis Steenwyck exhibits in Court
certain Acte of arbitration rendered by him and Govert Loockermans re-
garding the case in question between Sibout Clasen and Jannetie Meleins,.
1658] Court Minutes of New Amsterdam. 423
which award is approved by the Court. Deft, says, he has not received a
deed of the lot; and as Jannetie Melein has not any power from her hus-
band, no disposition can be made in the case.
Lysbetje Jans, pltf. v/s Hermen Barensen, deft. Deft, in default.
Jacob Kip appearing in Court prosecutes an attachment, made on
Evert Pels' bark in virtue of a power and obligation exhibited in Court.
The Court declares the attachment valid.
Cornelia Schellinger presents a petition in Court; requests that the
chests arrested at the house of the Secretary Joannes Nevius may be again
returned to her, in regard of the necessaries belonging to her and her
child, which are therein. The W. Court declares the attachment invalid,
as it was not prosecuted.
Dirck van Schelluyne appears in Court and states, that he has an a/c
with Aldricx, which he promises to pay on taxation of the Burgomasters
and Schepens. Therefore requests their W: to tax the a/c. Whereupon
he is answered to come in the afternoon to the President and Fiscal.
The Court resolves to return at i. o'clock in the afternoon.
Tuesday, 20* Aug'.' 1658; in the afternoon. At the City Hall.
Present the Heeren Nicasius de Sille, Paulus Leendersen van der Grift,
Pieter Wolfersen van Couwenhoven, Jacob Strycker, Cornelis Steenwyck.
The Court having examined the a/c, which Dirck van Schelluyne has
against Aldrix and at the request of the abovenamed Schelluyne the same
being taxed by their Worsh^.^ according to the tariff and Ordinance of
Fees enacted by the Director General and Council in date 25 January
1658, and there is found coming to the abovenamed Dirck van Schelluyne,
and he is therefore allowed to demand from Aldrix for fees, the sum of
one hundred and twenty guilders, on condition of deducting what is paid
on it.
Dirck van Schelluyne answers the demand made in revision by
Schepen Pieter van Couwenhoven. Van Couwenhoven demands copy,
which is granted him by the Court.
Tuesday, if^ August 1658: In the City Hall. Present the Heeren
Nicasius de Sille, Paulus Leenderzen vander Grift, Olof Stevenzen Cort-
lant, Joannes de Peister, Pieter Wolfersen van Couwenhoven, Cornelis
Steenwyck.
424 Court Minutes of New Amsterdam. [1658
The Schout declares, that pursuant to the orders of the Burgomasters
dated 14* August 1658, he was with those, who still have thatched roofs
and plaistered chimnies and notified them to remove them, and that they
made fun at him. Requests that a penalty be affixed by the Magistrates
on those, who are unwilling to obey the order.
The Schout Nicasius de Sille, pltf. v/s Jan Clasen de Ruiter and
Simon Barenzen, defts. Pltf. exhibits in Court two declarations made at
request of Simon Barensen against the declaration given in by Jan Claasen
de Ruiter regarding a quarrel, which occurred between them, which was
followed by a wound: Persists in his previous demand. The counter
declaration by S. Barensen was communicated to Claas de Ruiter, the
deft., whereupon he answers he cannot help it, and admits having given
the provocation. The Court orders the deft. Jan Claasen de Ruiter to
give security not to depart, before he have satisfied the Schout, and
the Schout is ordered to agree with the deft. Jan Clasen.
The Schout Nicasius de Sille, pltf. v/s Cornelis Jansen, woodsawyer,
and Nelis Matthys, defts. Deft. Cornelis Jansen, woodsawyer, in default.
The Schout Nicasius de Sille, pltf. v/s Grytie Maas and Joannes
Vervelen, defts. The deft. Joannes Vervelyn, in default.
The a/c of nails sold to Jacob Cohn, Jew, was communicated to
Grietje Maas. Whereunto she answers, that the abovenamed Cohn, before
his departure had promised to pay her, and had a difference regarding the
weight of an empty keg, and had some other transactions with him, and
that a balance of fl. 16. is still due her, for which it was her intention to
have arrested him. Grietje Maas is asked, if she have any further proof,
that she had any further dealings with the Jew ? Answers No; and that
she cannot write. Joost Goderus appears in Court, and is asked if he will
swear to the weight of the nails in question between Jacob Cohn, Jew, and
Grietje Maas as they have been taken from the weigh book. Answers,
Yes. Inasmuch as Grietie Maas cannot bring in any further proof, than
she has exhibited, and the sworn Weigher declares, on presentation of
oath, that the nails in question are of such weight as is marked in the
weigh book and has given an extract therefrom, the Court decrees
therefore that the defts. Grietie Maas demand be dismissed.
Burgomaster Paulus Leendersen vander Grift, pltf. v/s Gysbert Op
Dyck, deft. Deft. sick. The Court Messenger, P. Schabanck, is asked
1658] Court Minutes of New Amsterdam. 425
what answer Gysbert op Dyck gave on being summoned ? Answers, he
will pay, but that the Burgomaster must have some more patience, and
that his wife and children lie sick.
Lysbet Janzen, pltf. v/s Hermen Gysberzen, deft. Both in default.
Jan Aarsen Coopal, pltf. v/s Tomas Wettelingh, deft. Pltf. demands
from deft. 800 lbs. of tobacco, and says was at law with the deft, in the
Virginias claiming from him 1600 lbs. tobacco and that the Court had
condemned him the deft, to pay him the pltf. 800 lbs. ; having spoken to
him about the payment he struck him, and says a person stands without,
who is acquainted with the matter; who appearing in Court is asked by
the pltf. if he be not aware, that Tomas Wettelingh owes him 500 lbs. of
tobacco ? To which he answers. Knows nothing of it, but says, he was at
law with him in the Virginias. Deft, answers, that pltf. is indebted to
him the deft, being willing to prove so ; for this purpose exhibits in Court
certain interrogatory put to the pltf. in the Virginias. Pltf. is asked, if
the interrogatory were put to him in the Virginias ? Answers, Yes ; but
that it was regarding 2000 lbs. tobacco which the pltf. owed him, and that
it is settled. Deft, is asked if he were at law in the Virginias with the
pltf., to which he answers in English, Parties are ordered to produce
their a/cs punctually in Court next Tuesday, and to render fair a/cs.
Philip Schoof, pltf. v/s Joannes Beck, deft. Deft, in default.
Philip Schoof, pltf. v/s Anneke Sibouts, deft. Pltf. produces his de-
mand in writing regarding the insult he received from the deft, coming
out of the Church from the wedding with his bride.* Deft, says it was
done in fun, as they were acquaintances, and that she cried out, to see
that they slept together and therefore did not deserve to have palm
strewed. Deft, is asked, if she had any thing to say against the pltf. ?
Answers, Nothing but what is truly honorable and Virtuous.
Pieter Rudolfus, pltf. v/s Wolfert Gerrisen, deft. Pltf. exhibits in
Court certain notarial obligation against Jacob Wolfersen, amounting to
the sum of fl. 579: 6. for which he, deft., became security as principal to
pay it; demands payment with interest thereon. Deft, says, knows
nothing about it, but says he stated — if Jacob does not pay, I will pay.
Schepen Pieter Wolfersen says, that his father has not the power to give
his property all to one son — and to the other nothing; and that mother's
* Married Jannetje Teunis Kray, June 28, 1658.
426 Court Minutes of New Amsterdam. [1658
property is not yet divided. The Court orders the pltf. to summon Jacob
Wolfersen again, and if he appear not, they shall then take order on it,
Mighiel Jansen, pltf. v/s Jacob Eldersen, deft. Pltf, demands from
deft, according to a/c the sum of fl. 243. 5. 8. Deft, demands copy of the
a/c and declaration. The Court orders copy of the demand and a/c to
be furnished to party to answer thereunto on next Court day.
Jacob Steendam, pltf, v/s Tryntje Claas, deft. Both in default,
Claas Gangelofsen Visser, pltf. v/s Aris Otte, deft. Defts, 2? de-
fault, Pltf. claims from deft, fl, 62 and some stivers in zeawant.
Claas Ganglofs Visser, pltf. v/s Salomon la Chair, deft,, demands
from deft, 18 beavers balance of two hhds of French wine, and says he
sold him the two hhds for 25 beavers, but that he the deft, paid 7 beavers
thereon; and that these lie just as he received them as they were not mer-
chantable, and he deft, promised to give others for them. Deft, admits
the debt and promises to pay, with which party is content,
Capt, Augustyn Beaulieu, pltf, v/s skipper Albert Janzen Poy, deft.
As the deft, placed him in confinement yesterday the pltf, demands in
writing, read to the deft, the reasons, why he did so. Deft, answers he
did so because the pltf. had one of his anchors home and the other anchor
stood up and down and he had summoned the pltf. last Court day, but he
did not appear and he feared he should go away without paying. The
Court orders copy of the reasons to be furnished pltf.
Capt. Augustyn Beaulieu, pltf. v/s Wernaar Wessels, deft. Pltf. de-
mands in writing, read to deft, the reasons, why he arrested him yesterday.
Deft, says he has an a /c with him the pltf. amounting to the sum of fl.
118: which he furnished him, and that he, the pltf., said he had no ob-
jection to it. Therefore demands payment thereof. To which pltf.
answers, he will pay it this week. And whereas the pltf's anchor stands
ready to hoist, he fears he will go away; therefore demands payment.
The Court orders copy of the reasons to be furnished to pltf.
Capt, Augustyn Beaulieu, pltf, v/s Isaacq Boda, deft. Pltf. de-
mands in writing, read to deft,, that he give reasons why he deft, has
arrested him, yesterday. Deft, says, that one and the other came to ad-
vise him to do so, they having, besides him, caused an attachment to be
issued ; delivering in Court his a/c of claims, demanding payment. Copy
of the reasons is ordered by the Court to be furnished to pltf.
1658] Court Minutes of New Amsterdam. 427
Capt. Augustyn Beaulieu, pltf. v/s Pieter Jacobzen Buis, deft. Pltf.
demands in writing, read to deft., that he give the reasons, why he has
arrested him yesterday. Deft, demands copy of the written request to
answer thereunto at the next Court day. The Court orders copy of the
demand to be furnished deft, to answer thereunto at the next Court day.
Walewyn van der Veen appears in Court stating, that he has attached,
at the Secretary Joannes Nevius' house, some goods of Jacob Schellinger,
who has escaped from confinement; and whereas some costs have been
incurred by the imprisonment, requests that the aforementioned goods
may be sold by the Marshal to defray the costs incurred by the imprison-
ment. The Court grants the petition! his request, and orders the Mar-
shal to sell the attached goods of the absconded Jacob Schellinger, to
defray therefrom the costs incurred by the imprisonment.
Govert Loockermans, pltf. v/s Tomas Hal, deft. Deft, in default.
Ragel van Tienhoven, pltf. v/s Barent Oesterman, deft. Mattheus
de Vos as atty of Ragel van Tienhoven, appearing in Court demands from
deft, the sum of fl. 150 for the discharge and payment of a fine for the
injury done Jan Martyn. Deft, says that Jacobus Wolfersen has de-
ducted it from his a/c of earned wages. Jacob Wolfersen appears in
Court and admits to have deducted from his a/c the fine for the injury
done Jan Martyn by Barent abovenamed, but has paid it to Tienhoven.
The Court order their Secretary to look up Jacob Wolfersen' s declaration
made in Court on Ragel van Tienhoven's proposition given into Court.
Barent Gerrisen, pltf. v/s Madaleen van Couwenhoven, deft. Pltf.
exhibits in Court certain extract from the Minutes of Burgomasters and
Schepens regarding certain difference about a hog bought by his wife from
her, the deft., and retained by Hans Dreper; demanding restitution.
Deft, answers, the little pig, which she sold to pltf's wife and delivered,
was not marked. The Court orders the pltf. to prove, that the hog here-
tofore in dispute between his wife and Hans Dreper is the pig, w"^ his wife
sold her the deft.
Pieter Jansen, pltf. v/s Teuntje Straatmans, deft. Pltf. delivers in
Court certain written complaint for the insults and abuse given him, pltf.,
by the deft. Deft, admits having done so, but did not threaten him with
a knife, and says the pltf. abused her sister for a whore and her as one, who
steals. Pltf. denies it and says she, the deft, abused his wife as a thief.
428 Court Minutes of New Amsterdam. [1658
and threatened him with a knife, which Leuntje Pieters knows. Deft.
says the pltf. abused her three times in the first instance. Parties were
charged by the Court to keep themselves quiet and peaceable and which-
ever of the two should begin again, shall pay 25 gl. as a fine to the Schout.
Teunis Tomassen Quick, pltf. v/s Frerick Aarsen, deft. Pltf's wife
appears in Court, demanding from the deft, payment of the sum of 100
gl. in beavers and forty nine guilders in zeawant, the last instalment for
a lot sold him deft, and in addition three @ 4 chairs exhibiting in Court
the contract of the trade. Deft, admits the debt, and says the seawant
is ready, which the pltf. can get and that his wife had gone to Fort
Orange with a parcel of chairs to procure beavers for them, but could
not get any. Whereas the time, according to the contract, has not ex-
pired, the Court decree that the pltf. has as yet no claim.
Jan Claasen the pilot, and Jacob Dirckzen the boatswain of the
Brigantine the Jager {Hunter) arrestants and pltfs. v/s Major Nerrewott,*
arrested and deft. The pltfs. demand in writing, each for himself in
particular, from the deft, payment of earned monthly wages, value in
Holland currency, to wit: — Jan Clasen, pilot, demands from the deft, the
sum of one hundred and twenty five guilders for five months wages @ 25
gl. per month; and Jacob Dirckzen, boatswain, demands from deft, the
sum of two hundred and ten guilders for fourteen months wages @ fi. 15.
per month, and demand that the brigantine the yager shall not quit this
City's harbour before and until they pltfs, be paid their just claim by deft,
the aforesaid Jacob Dircksen exhibiting certain translation from English
into Dutch of an obligation for payment of his claims, the original signed
by the Hon^!*" Governor of the Virginias, Samuel Mattheuws. Deft, an-
swers by Sieur Augustyn Heermans as interpreter requested thereunto,
that he will pay the pltfs. here in beavers price, requesting that they, the
pltfs. shall make a written declaration of their experience on the voyage
which they promise to do. Parties being heard in Court, deft. Major
Narrewott is ordered to pay in beavers value to the pltfs. the claim, which
they have against him for earned wages ; and meanwhile, the attachment
on the brigantine the yager remains valid until they be paid.
Cristiaan Pieters, pltf. v/s Jacob Eldersen, deft. Pltf. demands
from the deft, payment of fl. 12 : 10 for 3 days and two nights and one
* Norwood ?
1658] Court Minutes of New Amsterdam. 429
fourth of a days work earned in Jacob Wolfersen's brewery. Deft, says,
he offered him and still offers him one pound flemish, as he had not done
any half work for him. Parties being heard the deft. Jacob Eldersen is
ordered to pay him Cristiaan Barens the demanded sum of fl. 12: 10.
Major Narrewott apearing in Court exhibiting there in writing how he
arrived here last Friday from the Virginias, with the yacht the Hunter,
destined to make a voyage in the quickest manner to New England for
the Governour of Virginia Samuel Mattheu, but was arrested here with
the aforesaid yacht by one Robbert Pittman and Jan Andries for a claim
of wages, which they pretend to have, maintaining that nothing was
coming to them, because they had deserted from the yacht or frigate in
Virginia demanding that the aforementioned Robbert Pittman and Jan
Andrees shall perform their promise to the Hon Governour in Virginia,
and if unwilling be constrained thereto to perform their undertaken voy-
age and go to Virginia, where they shall receive their earned salary accord-
ing to the Navigation Laws. Jan Clasen, pilot of the brigantine, appearing
in Court declares that Robbert Pittman and Jan Andriesen said ashore in
the South bay, that they were sick. Major Narrewott requests, that in
order to pursue his voyage, he may be allowed to leave someone here as
attorney to defend his case at the next Court day; offering to give bail for
the judgment. The Court orders Major Narrewott to give sufficient secur-
ity for the judgment and the prosecution of this case, next Court day, the
arrest remaining meanwhile valid.
END OF VOLUME II.
-^
®
"c e
Live Music Archive
Librivox Free Audio
Metropolitan Museum
Cleveland Museum of Art
Internet Arcade
Console Living Room
Books to Borrow
Open Library
TV News
Understanding 9/11