Yale University Library 39002013690483 YALE UNIVERSITY LIBRARY 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. IP VOLUME IV. MINUTES OF THE COURT OF .'BURGOMASTERS AND SCHEPENS JAN. 3, 1662, TO DEC. 18, 1663, INCLUSIVE ' arrested and deft. Pltf. demands from deft, sixty four gilders heavy pay, whether beavers or corn at beavers price. Requests the attachment shall be declared valid. Deft, admits the debt and requests time till har vest. Pltf. requests payment, as he intends to go to Fatherland and is desirous to arrange his affairs here. Burgomasters and Schepens order deft. to satisfy and pay pltf. the attachment remaining meanwhile so long valid. Tysie Willems, pltf. v/s Gerrit Hendricksen, deft. Defts. 3? default. Pltf. demands, that deft, shall make in due form conveyance of the house and lot bought from him and paid for. The W! Court order the deft, to make final conveyance to the pltf. of the house and lot. 1662] Court Minutes of New Amsterdam. 171 Schout Pieter Tonneman, pltf. v/s Jan Teunissen, deft. Defts. 2d default. Pltf. demands from the deft, twenty five guilders for having tapped on Sunday during the preaching. The W. Court order the deft. to deposit the money with the Secretary of this City. Willem de Marschalck, pltf. v/s Dirck Looten and Arien Appel, defts. Pursuant to the order of the last Court day the defts. are sum moned to give evidence to the truth, as to what they know concerning the barrel of brandy, sold by the pltf. herein ; how much he delivered there from, — they are asked, what they know thereof ? Whereunto they an swer, that the pltf. having asked them to give evidence of the aforesaid, that Jan informed and declared to them, he drew from the barrel bought by the pltf. no more than eleven ankers, and such are willing to confirm by oath, if needs be and they are requested. Which declaration being considered by Burgomasters and Schepens they decree, if any loss or leak age be on the brandy in the barrel by the carriage, that it be shared together. Hendrick Hendricksen Obe, pltf. v/s Eghbert Meindersen, deft. Pltf. demands from deft, one hundred and seventeen guilders, six and a half stivers according to a/c produced. Deft, denies owing the whole ; and says has an offset a/c. The W. Court refer the matter in dispute to Hendrick Jansen van der Vin, old Schepen of this City and to Hans Steyn to take up the a/cs of parties on both sides, discuss the same, to hear parties and to decide their case and if possible reconcile them ; if not to report their finding to the Court. The curators of the estate left by Sicx van der Stighelen, pltfs. v/s Samuel Etsal, deft. Defts. 2d default. Pltfs. in their quality demand from deft, one hundred and ten guilders in sewant and fifty seven guilders twelve stivers in tobacco arising from goods recd. The W. Court order deft, to deposit the monies with the Secretary of this City. Joannes Withart, arrestant and pltf. v/s Cors Jansen, arrested and deft. Pltf. demands from deft, three hundred and eighty four gl. accord ing to a/c produced. Defts. wife appearing says, that the pltf. has entered the wine higher in her a/c than he sold it to her. Pltf. denies it. The W: Court orders deft, to prove her assertion and declare the attachment valid. Schout Pieter Tonneman, pltf, v/s Anneken Tades, deft. Pltf. con 1 72 Court Minutes of New Amsterdam. [1662 eludes, that deft, shall be condemned in a fine of one hundred guilders, because she beat Paulus Pietersen's wife, so that the blood followed, as per declaration thereof produced. Defts. husband appearing for her says that Paulus Pietersen's wife talked considerably and made much noise at his house, so that the neighbours looked out, and that she first tore the cap off his wife's head, so that she must defend herself — demanding copy of the declaration. The W. Court grant deft, copy of the demand. Madaleena Hansen, pltf. v/s Cornelis Barensen, lime measurer, deft. Pltf. says, deft, has attached sixteen gilders ; that she misses sixteen casks of lime and that the deft, carried the lime away in kettles full. Deft. admits having accommodated some one, who was in want of it, with a kettleful of lime, saying, that the pltf. stated, he was corrupt and had taken bribes. The Officer constitutes himself guardian. Burgomasters and Schepens declare the attachment valid and order the pltf. to prove her assertion. The curators of the estate of Sicx van der Stighelen, pltfs. v/s Mada- leen Hanzen, deft. Pltfs. in their quality demand from deft, payment of forty six gilders fourteen stivers. Deft, admits the debt; requests forty days time, as there is still money lying at the Officer's to be strung, that it may be paid. The Officer undertakes to satisfy and pay the curators. The W. Court order deft, to satisfy and pay pltfs. in the quality, in which they act. The curators, pltfs. v/s Tomas Hal, deft. Deft, in default. The curators of the estate of Sicx vander Stighelen, pltfs. v/s Lysbet Drisius, deft. Deft, in default. Ditt°, pltfs. v/s Pieter van Couwenhoven, deft. Deft, in default. Isaack de Foreest, pltf. v/s Jacob Kip, deft. Deft, in default. Merritje Lauwerens appearing pays the fine of fifty guilders, in which she was condemned on the 2 is.' Novemb' last. Seletje Arens requests, that she may sell the clothes, which she has in pawn from Arien Symonsen; produces the judgment obtained, wherein she is ordered to summon Gerrit Hendricksen van Harderwyck, which the W. Court again order her to do. Allard Anthony is hereby for the 2nd time again ordered to produce at the next Court by inventory the papers, documents and vouchers, used in suit against Walewyn van der Veen. 1662] Court Minutes of New Amsterdam. 1 73 Walewyn van der Veen appearing requests the W. Magistrates will be pleased to dispose of the suit against Cornelis Vos. The W. Court order Walewyn van der Veen to notify Cornelis Vos, that he shall be bound to come himself ten days after notice or to send an attorney to defend his suit against him in the quality, in which he acts here in law. This date 14* Decemb' 1662 Matheus de Vos has appeared before me, Secretary Joannes Nevius, to recall the caveat to pass no deed for Lambert Barensen regarding his house and lot sold to Gerrit Hendricksen van Harderwyck. Tuesday, 19 Decemb. 1662. In the City Hall. Present the Heeren Pieter Tonneman, Olof Stevensen van Cortlandt, Paulus Leendertsen van der Grift, Joannes de Peister, Jacob Strycker, Jacobus Backer, Isaack Greveraat. Joannes Withart, arrestant and pltf. v/s Jan Snediger, arrested and deft. Pltf. demands from deft, thirty three guilders five stivers in beavers according to a/c. Defts. son appearing says, his father is sick and cannot come ; requests time until the next Court day. Burgomasters and Schepens postpone the matter until the next Court day, as the deft, is sick. Asser Levy, pltf. v/s Wernaar Wessels, deft. Pltf. says, that deft. refuses to give him a permit for four ankers of brandy and two bottle cases bought on the ship lying in this road, although he has paid Burgher ex cise, for what he consumed and offers to give it on what he sold. Deft. requests, that the Magistrates shall be pleased to agree according to Ordinance enacted on the matter of Burger excise of beer and wine dated 6* Decemb', 1656, and maintains deft, is bound to pay consumption money. Burgomasters and Schepens decree, that the pltf. may enter the wine and deft, is bound to give a permit therefor. Paulus Heimans, pltf. v/s Cornelis Janzen, woodsawyer, deft. Pltf. demands from the deft, one hundred and thirty five guilders due accord ing to judgment; producing the judgment and papers thereof saying, as he owes Joannes Verveelen, he has left the same in his hands. Deft, says, he has agreed with Joannes Verveelen to pay twenty guilders a year with interest at eight per cent. The W! Court order deft, to prove, that he has agreed with Joannes Verveelen. Hendrick van Dyck, pltf. v/s Paulus Heimans, deft. Pltf., as attor- 174 Court Minutes of New Amsterdam. [1663 ney of his daughter Luda de Meyer, requests definitive judgment on a claim, which his aforesaid daughter has against the abovenamed deft, for the sum of thirty six guilders with costs; produces the judgment dated 12* instant, and moreover the books proving, what the debt arises from. Deft, maintains, that he is not obliged to pay the debt of his wifes con tracting. The W. Court order the deft, to satisfy and pay the pltf. in the quality in which he acts, with costs. Schout Pieter Tonneman, pltf. v/s Paulus Pietersen, deft. Deft. absent. Whereas the weather does not permit the deft., who resides in the Village of Bergen, to cross over, he is excused and as he is not present nothing is done in the case between the Officer and Mighiel Tades. Joannes Withart and Jacobus Vis, pltfs. v/s Jan Rutgersen, deft. Pltf. J. Vis and the deft, in default. The curators of the estate of Sicx van der Stighelen, pltfs. v/s Lysbet Drisius, deft. Pltfs. in their quality demand from the deft, payment and satisfaction of the sum of eight hundred and twenty six guilders and five stivers in beavers and one hundred and seventy seven guilders one stiver in sewant with costs. Deft, says, she must examine her book, to see, whether she owes so much and that she never received an a/c; also that she had more tin, than is brought into her ace' and that Sicx has charged her the quantity of ells of linen sold to her, which must be paid by the Company, as she bought the goods on this condition. Wednesday, 3d January 1663. In the City Hall. Present the Heeren Pieter Tonneman, Olof Stevensen van Cortlant, Paulus Leendert sen van de Grift, Joannes van Brugh, Joannes de Peister, Jacob Strycker, Jacobus Backer, Isaack Greveraat. Officer Pieter Tonneman, pltf. v/s Jan Gerrisen de Vries, deft, and prisoner. Pltf. concludes that the deft, shall be condemned for his per petrated theft, to be fixed to a stake at the place of justice and be there scourged and further banished for the term of four consecutive years out this Citys jurisdiction: moreover for his blow, in a fine of one hundred guilders as the blood followed; all with costs — producing certain declara tion taken to that effect. The declaration being read to deft., he denies having stolen the meat, saying the mate gave it to him, when he had done work on board — and moreover said — Come, carpenter, you are done, let 1663] Court Minutes of New Amsterdam. 175 us drink together; and that he gave him the meat he brought and laid it behind the cabin and was not on shore with the meat — that the mate was drunk, when he enquired for the meat, but sober when he gave him the meat, and that the boy knew nothing of the sack, as he was going with the skipper of the ship, the Gilded Fox, when he was brought ashore and was altogether drunk when it happened. The W. Court decree, whereas there is no right explanation of the matter; also the ketch, where the crime is committed is not present, that the deft, shall be released on bail to appear in Court and defend himself, whenever he shall be summoned. Pursuant to the foregoing judgment Teunis Cray father in law of the abovenamed Jan Gerris" de Vries appears in Court, who enters himself bail, that his son in law Jan Gerrisen abovenamed shall appear in Court, whenever he shall be summoned touching the above written matter. Tuesday 9th Jan'y 1663. In the City Hall. Present the Heeren Pieter Tonneman, Olof Stevensen van Cortlant, Paulus Leendertsen van der Grift, Johannes van Brugh, Joannes de Peister, Jacob Strycker, Jacobus Backer, Isaack Greveraat. Schout Pieter Tonneman, pltf. v/s Pieter Pia, deft. Pltf. says before coming to the demand, that he requests, deft, shall be ordered to say with what soldier had Roeloff Hermsen dispute ? To which deft, says he was not at home, but at Mother Lips in the cellar. Pltf. coming to the de mand concludes, that the deft, shall be banished the jurisdiction of this City for the time of three years and ordered not to follow during that time the profession of tapping and that, because the deft, has presumed to tap out of hours and after setting the watch and in conducting himself irregu larly, both in making noise and other insolences; all with costs. Deft. says, he is innocent in the matter, as he was from home. The W. Court order the Officer to summon the deft, with his wife by the next Court day. Daniel van Donck and Christoffel Hooghlant appearing request to be discharged from the bail for the person of Nathaniel Grain as the widow of Salomon La Chair, attorney of James Mills, desists from the suit, which her husband, in the quality, in which he acted, maintained against them. Nathaniel Grain appearing, the request of Daniel van Donck and Christoffel Hooglant was communicated to him, to which he gave for answer, that if anyone has any claim against him, he must institute his 1 76 Court Minutes of New Amsterdam. [1665 action, whilst he is here and he shall defend himself. Burgomasters and Schepens decree, that the petitioners have to address themselves to- Nathaniel Grain and request of him to be discharged from the bail bond ; but they shall be discharged from entering other bail for the judgment; and if there be any other person, who claims to have a right in the suit, he shall give power to prosecute the suit depending in trial and notice shall be given, advising every one, who pretends any right in the suit be tween Jeems Mills and Nathaniel Grain, attorney of Benjamin Gillam, to enter with the Secretary of this City within the space of three times four and twenty hours. Jeronimus Ebbinck, pltf. v/s Hendrick Jansen van der Vin, deft. Pltf., as attorney of Geraard Hamel, merchant at Amsterdam, demands in said quality, of the deft, four hundred and ninety six guilders and seventeen stivers according to a/c thereof produced, with interest accrued and costs of suit at the Court at Amsterdam: also a correct copy of the power of attorney and of the settlement, amounting to full five guilders. Deft, demands copy of the a/c, to answer thereunto at the next Court day. The W. Court grant the deft, copy of the a/c. Freryck Flipzen, pltf. v/s Tomas Lambertsen, deft. Pltf. demands from deft, according to a/c five hundred and thirty six and three quarter pounds of elk hides, sixty one guilders sewant, six beavers for a half aam Spanish wine, a large Indian coat and four small ditto, producing the a/c thereof. Deft, exhibits an offset a/c, whereby there is due him one hun dred and one guilders four stivers and ten pence beavers ; therefore he on the other hand owes twenty one guilders eighteen stivers, and eight pence. The W. Court refer the matter in question to Jacques Cousseau and Joannes van der Meulen to take up the a/c of parties on both sides, to examine the same, to hear parties, decide their case, and if possible to reconcile them ; if not to report their decision to the Court. Jan Joosten, pltf. v/s Abraham Pietersen, miller, deft. Pltf. says, he sold to Tomas Jansen Mingael, defts. son in law, a yacht, on which there is still to be paid one thousand and fourteen guilders in sewant and requests that the yacht may be sold to obtain his pay from it. Deft. says, there is no money to pay and if the Magistrates think fit, that the yacht may be sold for the best advantage of the widow. Antony Janzen van Vaas, arrestant and pltf. v/s Evert Dirckzen, 1663] Court Minutes of New Amsterdam. 1 77 woodcutter, arrested and deft. Pltf. demands from deft, twenty eight guilders ten stivers arising from the purchase of an ox, which his prede cessor had bought. Deft, says, he knows nothing of it; requests time that he may pay. The W. Court order the deft, to satisfy and pay the pltf. Joannes Withart, pltf. v/s Jan Snediger, deft. Pltf. demands from deft, according to a/c exhibited in Court, fourteen guilders in beavers and in addition nineteen guilders, making together, three and thirty guilders. Deft, admits owing the fourteen gilders, but not in beavers, and denies owing the nineteen gilders as he received nothing for them, but his brother-in-law, on whom pltf. can hold his claim. The W! Court order deft, to pay the pltf. the fourteen gilders in beavers and as regards the nineteen guilders, the W! Court decree, that the pltf. shall have to look for the same from and sue the defts. brother-in-law, who received the goods. Jacobus Vis and Joannes Withart, pltfs. v/s Jan Rutgersen, deft. Pltfs. demand from deft, sixty six guilders ten stivers arising from pur chase of beer. The W! Court order the deft, to deposit the monies with the Secretary of this City. Schout Pieter Tonneman, pltf. v/s Mighiel Tades, deft. Deft, in default. Schout Pieter Tonneman, pltf. v/s Symon Blanck, deft. Deft, in default. Jacobus Vis, pltf. v/s Rutgert Jansen, deft. Deft, in default. The curators of the estate of Sicx van der Stighelen, pltfs. v/s Geertje Hendricks, deft. Deft, in default. Cornelis Pluyvier, pltf. v/s Jan Gerrisen de Vries, deft. Pltf. in de fault. Jan Hendricksen van Gunst, pltf. v/s Abel Hardenbroeck, deft. Both in default. Joannes de Wit, arrestant and pltf. v/s Tielman van Vleeck, arrested and deft. Deft, in default. The W: Court declare the arrest valid. Metje Wessels, pltf. and arrestant v/s Tielman van Vleeck, arrested and deft. Deft, in default. The W: Court declare the arrest valid. Joannes Verveelen, arrestant and plf., against Tielman van Vleeck, arrested and deft. Defendt. in default. Pltf. demands, that the attach ment be declared valid, with costs. The W. Court declare the attach ment valid, with costs. VOL. IV — 12 1 78 Court Minutes of New Amsterdam. [1663 Antony de Milt, pltf. and arrestant v/s Tielman van Vleeck, arrested and deft. Deft, in default. The W. Court declare the attachment valid. Bartholdus Maan, pltf. v/s Lauwerens Lauwerensen, deft. Both in default. Eghbert Meindersen, pltf. v/s Hendrick Hendricksen Obe, deft. Both in default. Issack de Foreest appears in Court saying, that he has attached the monies belonging to Paulus Schrick's widow in Jacob Kip's hands for a claim, he has against said Schrick for the sum of fl. 209: 15 in beavers and fl. 13. 10 in seawant, from which are to be deducted ninety four pounds hops : requesting, that the attachment be declared valid. The W. Court declare the attachment valid. Reinier Willemsen, baker, appearing exhibits the a/c against him re ceived from Secretary Nevius and requests that the same may be examined and taxed: which a/c being examined by Burgomasters and Schepens they approve the same and order Reinier Willemsen to satisfy and pay it. Hendrick Willemsen, baker, and Christoffel Hooghlant in quality as Inspectors of Bread baked within this City's jurisdiction remonstrate in writing, that many complaints have come to them, that some bakers here bake bread not only of mixed stuff, such as wheat and rye, but also under guise thereof use material altogether unfit for bread: they request there fore ex officio, that the Court may provide by special Ordinance, that no bread be baked and sold except baked of well conditioned material, so that such may consequently be officially observed and enforced by the re monstrants. Burgomasters and Schepens shall make provision on the subject of baking of bread, and give petitioners a further acte of authority, so that every thing may be effectively obeyed and enforced for which pur pose the petitioners shall have power to take the Court Messenger with them to assist them. Allard Anthony is hereby ordered for the last time to produce by in ventory on the next Court day his papers, documents and exhibits, used in the suit with and against Walewyn van der Veen, on pain of nonsuit. Merritje Abrahams, widow of Tomas Jansen Mingael, and Abraham Pietersen, miller, request by petition, as they have obtained from the Rt. Honbl.e Lords, letters of benefit of inventory, with Committimus to the W!: Court of this City dated 2d January 1663, that said letters of benefit 1663] Court Minutes of New Amsterdam. 179 of inventory may be considered and proceeded with for the summoning and notification of all known creditors and legatees as many as they may be, to appear on a certain suitable day, to be notified to them, first, by the Court Messenger on the petitioners' request, to see, inventory and appraise in the presence of the Schout and two Schepens of this City, all the goods left by the abovenamed Tomas Jansen Mingael, and bail to be entered therefor by the petitioners. Tuesday, 16 January 1663. In the City Hall. Present the Heeren Pieter Tonneman, Olof Stevensen van Cortlandt, Joannes van Brugh, Joannes de Peister, Jacob Strycker, Jacobus Backer. Schout Pieter Tonneman, pltf. v/s Mighiel Tades and his wife, defts. Pltf. persists in his rendered demand dated 12 Decemb. 1662. Deft, re peats, that neither he nor his wife have done ill, inasmuch as Tryntje Martens, Paulus Pietersen's wife, made great noise at his house and created a great riot there, for which he took her by the arm and requested her to leave the house, which she resisted knocking his hat off his head in this hall; whereupon his wife said — Will you strike my husband ? Thereupon she attacked his wife and tore the cap from her head and his wife doing her best also to get her out the house had her finger bit. The W : Court order deft, to prove his statement Schout Pieter Tonneman, pltf. v/s Pierre Pia and his wife, defts. Pltf. concludes, that the deft, shall be condemned to quit this City's juris diction for the term of three consecutive years and during that time not to follow any more the business of tapping, as they, the defts., keep such a house, that great revelling, noise and considerable racket is carried on at their place by night and at unseasonable hours, against good order and the placards, not hesitating to tap after nine o'clock, the setting of the watch and on Sunday; also not aiding to prevent the troubles and quarrels, committed through tapping at their house nor making the same known to the Officer, as recently happened on New Years day refusing to let him, the Officer, in, although he knocked divers times at the door to get in. Defts. appearing, Pierre Pia's wife asks, if the Officer will confirm his pre tension by oath and says, that the man, who resided in Burgomaster Olof Stevensen van Cortlant' s house had a dispute with a soldier, which went so far, that they both abused him as rogue and the woman as a whore and 180 Court Minutes of New Amsterdam. [1663 will prove by the Serjeant, that she had the door opened on the knocking. The Officer refers to the declaration which old Burgomasters Marten Cregier and Allard Anthony made in the presence of the ruling Burgo masters. Burgomasters and Schepens having considered the demand and conclusion of the Officer, also the declaration of the old Burgomasters condemn the deft, not to tap any more from date for the term of six con secutive weeks nor to follow the business of tapping. Officer Pieter Tonneman, pltf. v/s Roeloff Hermzen, deft. Pltf. concludes, that deft, shall be condemned in a fine of one hundred guilders, for that he on New Years day has fought and quarrelled seeking to revenge himself with a hatchet and adze, and created an uproar in the Heeren Straat [Broadway] ; all with costs ; producing four declarations to this effect. Deft, says, he knows nothing of it and sought not to do any person harm. The W. Court having considered the demand and conclu sion of the Officer and read the declaration, condemn the deft, in a fine of twenty five guilders ; with costs. Officer Pieter Tonneman, pltf. v/s Symon Blanck, deft. Defts. 2d default. Pltf. demands from deft, five guilders and one pair of gloves valued at six guilders. The W: Court order deft, to deposit the eleven guilders with the Secretary of this City. Jeronimus Ebbinck, pltf. v/s Hendrick Janzen van der Vin, deft. Deft, pursuant to order of the last Court day delivers thro' the Court Messenger the answer to the pltfs. a/c. Pltf. produces the settlement that deft, made with one Gerard Hamel, requesting justice therein. Bur gomasters and Schepens refer the matter in question to Cornelis Steen wyck, old Schepen and actual Orphan Master of this City, and to Timotheus Gabry, also old Schepen here, to take the same up in the presence of Schepen Jacob Strycker, to hear parties and to examine the case and decide it ; to reconcile parties if possible ; if not to report their decision to the Court. Joannes de Witt, pltf. v/s Jacob Leisler, deft. Pltf. demands from deft, indemnification for a hhd of tobacco, which he gave him on his word as good and merchantable, which being opened was found to be unmer chantable; producing a declaration to this effect. Deft, admits to have delivered him the tobacco and did not know in what condition; that the pltf. kept the tobacco full four months; saying that the tobacco is subject 1663] Court Minutes of New Amsterdam. 181 to spoiling. Burgomasters and Schepens having heard parties decide, that the pltf. shall retain the tobacco as he had it so long. Pieter Jacobsen Marius, pltf. v/s Claas Gangelofzen Visser, deft. Pltf. in quality as curator of the estate left by Anna Cornelis demands from deft, in his quality as curator of the insolvent estate of Nicolaas Velthuysen twenty beavers. Deft, says he has not and cannot get any money from the estate. The W: Court refer parties to the Orphan Cham ber of this City. Cornelis Pluyvier, pltf. v/s Jan Gerrisen de Vries, deft. Pltf. de mands delivery of a boat agreed for and made by deft, payment of which has been almost received, — producing the a/c thereof. Deft, says that the boat is attached and he cannot therefore deliver it. The W. Court order the deft, to take the attachment from the boat and to deliver it to the pltf. Tuesday, i6'? January 1663. In the City Hall. In the Afternoon: Present the Heeren Pieter Tonneman, Olof Stevenzen van Cortlant, Joannes van Brugh, Joannes de Peister, Jacob Strycker. Willem de Mareschalck and Daniel de Hondecoutrie, pltfs. v/s Dauid Joghimzen, deft. Pltfs. demand from deft, one thousand guilders for blankets sold him and Tomas Jansen Mingael in company. Deft, says, that he bought two parcels and Tomas Jansen two parcels and that the pltfs. gave them also a parcel, to see whether they could sell it; other wise they were to return them the blankets, of this piece of blankets they took two and Tomas Jansen brought back the six; maintaining that he is not bound to pay for more than two pieces and one single blanket. Pltfs. say, that they have booked the deft, and Tomas Jansen for the whole and each as principal. Deft, denies having bought the blankets in Solidum and that Tomas Jansen had taken again the blankets he had brought back, for which he is not to pay. Pltfs. say, as deft, did not make known, that he was separate from Tomas Jansen, it was placed to both their a/cs. Daniel de Honde Coutrie again appearing is asked, whether it was agreed in making the trade, that each should stand as principal for the payment ? Answers, No ; saying as long as the buyers remained alive they looked to them both. Burgomasters and Schepens having heard parties decide, that deft, shall not have to pay for more 1 82 Court Minutes of New Amsterdam. [1663 than seventeen blankets; and that the pltfs. have to hold for the remain der their guarantee on the estate left by Tomas Jansen Mingael. Jacobus Vis and Joannes Withart, pltfs. v/s Jan Rutgersen, deft. Pltfs. demand from deft, sixty six guilders ten stivers. Deft, states in writing, that he has not had so much, and as he is not well, he cannot come. The W: Court order deft, to pay the pltfs. Marycken La Noy, pltf. v/s Jacobus Vis, deft. Pltf. demands from deft, two hundred and forty eight gilders and eight stivers according to a/c shewn in Court. Deft, says he first got the a/c to day and shall look to it; offering to pay what is honestly due the pltf. The W. Court order the deft, to give in by the next Court day, what he has against the a/c on pain of nonsuit. Evert Dirckzen, woodsawyer, pltf. v/s Dirck Janzen van Deventer, deft. Pltf. demands from deft, payment of half a barrel of beer and two skepels of wheat according to contract and judgment dated 21 Jan'y 1662 ; and costs according to a/c to the sum of thirty three guilders five stivers arising from illegal arrest and suit. Deft, says he knows nothing of the contract. The W. Court order deft, to pay the pltf. according to afore said judgment besides costs taxed at sixteen guilders. Cornelis Barensen, arrestant and pltf. v/s Madaleena Hans, arrested and deft. Deft, in default. Pltf. requests, that he may receive from the Treasurer the sixteen guilders attached by the deft, and requests that the arrest of the deft, may stand good. The W: Court declare the arrest valid and allow the pltf. to take the sixteen guilders from the Treasurer under bail. Jacobus Vis, pltf. v/s Rutgert Janzen, deft. Defts. 2d default. Pltf. demands from deft, eighty one guilders, eleven stivers, saying that deft. intends to depart and he has arrested his person : requesting that the same be declared valid. The W. Court declare the arrest valid. Bartholdus Maan, pltf. v/s Lauwerens Lauwerensen, deft. Pltf. de mands from deft, three beavers for one anker anise given to him to take up (i. e. North). Deft, admits to have had the anker and says, he sold it to Kit ; offering to pay the pltf. the three beavers in tobacco, which he has received from Allard Antony. The W: Court order the deft, to satisfy and pay the pltf. Tysie Willems appears in Court requesting anew, that Gerrit Hen- 1663] Court Minutes of New Amsterdam. 183 dricksen van Harderwyck shall be ordered to convey to her the house, which she bought from him and paid for, demanding the costs incurred herein. Burgomasters and Schepens order Gerrit Hendricksen van Har derwyck to give conveyance to Tysie Willems on pain of imprisonment and condemn him in the costs. Jan Joosten entering requests, that he may be allowed to take back the yacht he sold Tomas Jansen Mingael, as it is not yet paid for. The W. Court inform Jan Joosten to have yet some patience. Cornelis Jansen, woodsawyer, pltf. v/s Johannes Verveelen, deft. Deft, in default. Symon Janzen Romein, pltf. v/s Francois de Bruyn, deft. Deft, in default. Abraham Pietersen, miller, and Merritje Abrahams, widow of Tomas Jansen Mingael, request by petition, that some persons may be appointed by the W. Court to appraise and value the houses and yacht left by Tomas Jansen Mingael. Apostille: On the petitioners request are com missioned and authorized Pieter Jacobsen Marius, Sybrant Jansen Galma, Adolff Pietersen and Jan Ariaansen to appraise and value the houses and yacht left by Tomas Jansen Mingael. Tuesday, 23 January 1663. In the City Hall. Present the Heeren Pieter Tonneman, Olof Stevensen van Cortlant, Paulus Leendersen van der Grift, Joannes Van Brugh, Joannes de Peister, Jacob Strycker, Jacobus Backer. Schout Pieter Tonneman, pltf. v/s Jan Gerrisen de Vries, deft. The deft, appearing with Jan Barfort, Abraham Darby and Jan Tomer, sailors, navigating the bark named Nicolas and Sara and by them ac cused of having stolen two pieces of meat, are asked, who gave it to him ? Whereupon the persons present being designated, who deny it, saying he has taken it ; all fully declaring it, whereupon Burgomasters and Schepens having called them in one by one and examined each apart, they answer conformably to their rendered declaration. The Officer persists in his previous demand and rendered conclusion ; requesting, that deft, shall go into close confinement. The Officer's demand being read to the deft, he says, he is innocently accused. The Wi Court order the Officer to place the deft, in prison. 1 84 Court Minutes of New Amsterdam. [1663 Schout Pieter Tonneman, pit. v/s Mighiel Tades and his wife, defts. The deft, entering is asked, if he has proof of his statement pursuant to the order of the last Court day ? To which he answers, that the lime- burner whose declaration he should have received is not here yet, and he intends to go after him. Paulus Pietersen's wife, named Tryntie Martens, entering with Mighiel Tades, Mighiel Tades says, that the aforesaid Tryntie came to his house and there making a great uproar, knocked his hat off his head and tore the cap off his wife's head and bit her finger and that such was on account of the boat, that her husband gave him to sell. Tryntie Martens says, that all that Mighiel Tades states is untrue; and that Mighiel Tades and his wife treated her so that she finally said — Though you strike me dead, I shall not defend myself — relating at large the circumstances of the case. Mighiel Tades denies it; saying such is not true. The Officer concludes, that the deft, shall be condemned in a fine of one hundred guilders, as blood has flown. The W! Court con demn the deft, in a fine of fifty guilders with costs, as he has failed to produce proof wch he was ordered divers times by the W! Court to do. Jeronimus Ebbinck, pltf. v/s Hendrick Jansen van der Vin, deft. The pltf. states, that he has seen by the extract from the Minutes of the last Court day, that the case in question has been referred by the Wl Court to arbitrators, which he cannot agree to, as such is not allowed by his procuration and he durst not depart from that : requests therefore, that deft, shall be ordered to bring in all that he can for his defence and that he may obtain copy thereof and to keep himself in the right. Deft, pro duces the a/c exhibited on the last Court day and in writing what he has against the pltfs. account, saying, that he adheres to the order dated i6'.h inst. and demands copy of the power of attorney. The W! Court order the pltf. to let the deft, have copy of the procuration and order the deft. to furnish pltf. with copy of the offset a/c — persisting further in the order dated 16 January last. Schepen Isaack Greveraat and Hendrick Hendricksen Obe, pltfs. v/s Willem Doeckles, deft. Pltf. Hendrick Hendricksen Obe in quality of curator and guardian with Schepen Isaacq Greveraat, of the minor son of Jan Jansen Hagenaar, named Adriaan Jansen, requests, that the afore said little boy, whom the deft, agreed to take into his employ, may be dis charged from his service, as he, the deft., has not provided him, according 1663] Court Minutes of New Amsterdam. 185 to contract, with board, lodging etc. Deft, says, that the boy is not attentive and when he gives him orders, he is unwilling to do so and has not refused him any food. Adriaan Jansen appearing is asked, why he does not remain with his master ? Answers, because he gives him nothing to eat and finds him seldom at home and whenever he earns a stiver by making any trifles, he must buy food for it. The W. Court order the pltf. to prove, that the youth is not properly treated according to contract. Symon Jansen Romein, pltf. v/s Francois de Bruyn, deft. Defts. 2d default. Pltf., as atty of Pieter Lucassen, demands from deft, forty guilders for wages and sail cloth furnished for the boat, which Jan Jacobsen owns and is sailed by the deft. The W. Court order the deft. to deposit the money with the Secretary of this City. Joannes Verveelen, pltf. v/s Tielman van Vleeck, deft. Deft, by petition communicates his inability, requesting to be excused therefore. The pltf. is accordingly ordered to summon him again for the next Court day. Cornelis Janzen, woodsawyer, pltf. v/s Joannes Verveelen, deft. Pltfs. wife appearing, says, whereas she is indebted to several, she has agreed with some, also with the deft., to pay yearly twenty guilders of the debt; and interest at eight per cent, agreably to her husbands proposi tion on Paulus Heiman's demand, dated 19 December, 1662, and that such is known to Jan Jansen de Jongh, who being spoken to thereon, said, he knew something, but cannot say what. Deft, denies, that he made any agreement regarding this with the pltf. The W. Court order the pltf. to prove her statement. Mattheus de Vos, pltf. v/s Walewyn van der Veen, deft. Pltf. de mands from deft, in quality as attorney of Cornelis Schutt, thirty six guilders ten stivers and ten guilders one stiver interest, making together thirty six guilders eleven stivers. Deft, says, that he furnished pltf. with an a/c, in which he claims thirty three guilders eight stivers. Pltf. says, he repudiates this a/c. Deft, says, he is not responsible for the debt. bro' against him. The W. Court postpone the case to the next opportunity. Walewyn van der Veen appearing produces a judgment dated 24 January, 1662, against Jacob Swart pronounced here by this W. Court and requests Lettre Requisitoire to the Court of N : Utreght, that it be ex ecuted there. 1 86 Court Minutes of New Amsterdam. [1663 Whereas Walewyn van der Veen in quality as attorney of Cornelis Schutt hath on the 24th January 1662 obtained from us, Burgomasters and Schepens of the City of Amsterdam in New Netherland, judgment againstv Jacob Swart, requesting from us letters to the Court of New Utreght to put the same in execution according to the custom of the law; which re quest being considered, we have found the same lawful — We request, therefore, the Magistracy of the Village of New Utreght to lend the aforesaid Walewyn van der Veen a helping hand to putting in execution the abovementioned judgment. We shall consider ourselves obliged to you in return under similar circumstances, and remain your Honors affec tionate friends, Schout, Burgomasters and Schepens of the City of Amster dam in N: Netherland. Cornelis Hooghboom, pltf. v/s M' Paulus van de Beeck, deft. Pltf. demands from deft, twenty eight guilders for one thousand of brick and carting the same. Deft, says the brick is no good and had not seen them, when he bought them. Pltf. says that deft, offered about a month since to pay for the brick and can prove it. The W: Court order the pltf. to prove his statement. Mary Peeck, pltf. v/s Hermen the soldier, deft. Pltf. says, that fifteen legs of venison are stolen from her sister and that deft, visited her house. Deft, denies it ; saying he was sent by his master to fetch his wife. Jacobus Vis, pltf. v/s Teunis Cray, deft. Pltf. requests that he may have a settlement with deft. Defts. wife entering says, the case concerns her. Burgomasters and Schepens refer the matter in question to Hen drick Willemsen, baker, and Symon Jansen Romein, to whom parties are ordered to produce the a/cs, they may have against one another, who are ordered to take up the same to hear and examine parties thereon, to deter mine their a/cs, to reconcile parties if possible; if not to report their decision to the Court. Lucas Andriesen and Jan Joosten, pltfs. v/s Abraham Pietersen and his daughter, defts. Defts. deliver in a petition. Pltfs. produce papers. The W. Court undertake to consider the case. Pierre Pia requests by petition to be allowed to tap on the last of this month, promising then to obey and observe the judgment pronounced against him dated 16* inst. by the W: Court of this City. Apostille: 1663] Court Minutes of New Amsterdam. 187 The W! Court persist in their rendered judgment dated 16* of this current January. Cornelis Pluyvier entering produces the judgment against Jan Gerri sen de Vries dated 16* January last, requesting delivery of the boat. Joannes Verveelen entering produces the judgment, which he has against Hendrick Jansen van der Vin and the notice rendered thereon, requesting that he shall be ordered to give exhibition of goods. Burgo masters and Schepens decree, that the petitioner shall take out an order from the Officer. Isaack Kip entering requests, he may lift the money belonging to Hendrick de Boer, which he has attached in the hands of Joost Carelsen. As the attachment is not prosecuted, nothing is done in the matter. Daniel van Donck and Christoffel Hooghlandt request by petition as well for themselves as for Nathaniel Grein a discharge and to be dis charged from the bailbond and that the constituting acte relating to the before agitated bail shall be again handed over to them, inasmuch as no one comes forward pursuant to the notices affixed, dated 10 of this current month to prosecute the suit between the attorney of Jeems Mills and the petitioners. The petitioner's request is granted and herewith shall be handed them the acte of bail herein mentioned. Officer Pieter Tonneman exhibits a petition presented to the Rt. Honb!e Director General and Councillors of New Netherland, and the order thereupon. Burgomasters and Schepens decree that the same be enregistered. Seletje Arens, pltf. v/s Gerrit Hendrickzen van Harderwyck, deft. Deft, in default. Jacobus Vis, pltf. v/s Cornelis Barensen, deft. Deft, in default. Mighiel Tades requests by petition, that Walewyn van der Veen shall be ordered to exchange within four and twenty hours from date hereof, the inventory of his papers, which he has used in the suit against him, the petitioner, and in 24 hours after to furnish reciprocally to each other the demanded copy and to produce them by inventory on the next Court day. Apostille: — The request is granted. Walewyn van der Veen is hereby ordered by the W. Court of this City and commanded, to exchange or hand in, within twenty four hours from date hereof, his papers used in the suit with and against Mighiel Tades and parties on both sides are ordered to 1 88 Court Minutes of New Amsterdam. [1663 furnish each other reciprocally with the requested copy and to produce their deduction and principal intendit by inventory on the next Court day. To the R' Honb!e Director General and Council of New Netherland. Right Honourable: — Whereas your Honors petitioner obtained from, and was favored, now about two years ago, in his quality as Schout of the City of Amster dam in N: Netherland, by your Honors with power to compound and agree with delinquents, who happen elsewhere to do amiss by quarrelling, fighting and striking and come to handigrips with others, unto a sum of fl. 25. and whereas the sewant is now somewhat lower in price and of very little value in comparison to what it then was, and now for the actual fl. 25. sewant he cannot obtain above one beaver in value and consequently no more than 5 @ 6 gl. Holland ; therefore he requests that he the peti tioner in his quality as Schout aforesaid may from now henceforward com pound and agree with delinquents, who happen to perpetrate any thing and do amiss by fighting striking, beating etc. unto the sum of fl. 50: without being subject to any application or division; and that also, accord ing to his, the petitioner's Instruction Art 11. he may from now hence forward agree and compound for all civil and criminal cases up to one hundred guilders and he, the petitioner, obliges himself herein to demean himself honorably, and to keep an account book thereof, in order to allow the City, the Poor, and the Church to obtain their share thereof, as to them shall appertain — should your Honors confide in your dutiful peti tioner herein, then he will await your Honors' favorable and considerate apostille. This doing etc. Under Stood: Your Honors' dutiful servant. (Signed) Pieter Tonneman. At the side stood — Ady, 26 Octob 1662. Amsterdam in New Netherland. Apostille (in the margin) — Fiat quod petitur: On condition, that he render every month precisely, correct ac count and reliqua to the City, Poor and Church of what share or portion belongs to them: Done Amsterdam in N: Netherland the 16* Novemb? 1662. Understood: — By order of the R. Honb!e Director General and Council of N. Netherland, Signed, C. V. Ruyven, Secretary. Extraordinary Meeting on Thursday, 25 January, 1663. In the City Hall. Present the Heeren Pieter Tonneman, Olof Stevensen van Cort lant, Paulus Leendersen van der Grift, Joannes van Brugh, Joannes de Peister, Jacob Strycker, Jacobus Backer, Isaack Greveraat. 1663] Court Minutes of New Amsterdam. 189 Pyant Boweres, Jeems Douwel, Jan Snoo and Nicolaes Guinnep, pltfs. v/s Henry Hutson, deft. Pltfs. demand from the deft, their earned monthly wages, gained on the ship named The Expedition j to wit, Pyant Boweres the sum of twenty four pounds stg. five shillings and four pence ; Jeems Douwel ten pound sterling, eighteen shillings: Nicolaas Guinnep nine pounds sterling, fourteen shillings and seven pence; Jan Snoo ten pounds sterlg and eighteen shillings with the costs incurred herein ; and that the deft, shall not be allowed to leave this City before he shall have effectually paid them, the pltfs., each in particular. Deft, says, he has not refused any payment. Pltfs. reply, that the deft, has demanded the King's custom of them and cannot prove to be entitled thereto. Deft. rejoins, that he was obliged in Virginia to give bonds for the payment of the King's duty and demands therefore, that the pltfs. shall give bail for the payment or that he may deduct it from their monthly wages, produ cing a certain acte from the Virginias from the Governour Balthemoer, setting forth, that he has bound himself to discharge his tobacco within the King's territory, which he shews was done in Oysterbay. Burgo masters and Schepens having heard the debates of parties on both sides and considered the writing and weighed all that is material, decree that deft, cannot demand the King's custom from the pltfs., as he has not bound himself therefor; also shews no evidence that such is demanded of sailors; but order deft, to satisfy and pay the pltfs. their monthly wages, on deducting from each per capita the freight of the tobacco, the hogs head counted at five and twenty shillgs and dismiss his further demanded suit herein with condemnation in the costs of this suit. Officer Pieter Tonneman requests, that he may arrest Denys Isaack - sen, wherever he can, inasmuch as said Denys Isaacksen has murderously wounded one Pieter Jansen, mason, so that it is feared he will die. Bur gomasters and Schepens find the Officer's request just and lawful: consent therefore to his request. Saturday, 27. January 1663: In the City Hall. Present the Heeren Pieter Tonneman, Olof Stevensen van Cortlant, Paulus Leendertsen van der Grift, Joannes van Brugh, Joannes Peister, Jacob Strycker, Jacobus Backer, Isaack Greveraat. Burgomasters and Schepens of this City of Amsterdam in N : Nether land have considered the papers, documents and papers used on both 190 Court Minutes of New Amsterdam. [1663 sides in the suit between Walewyn van der Veen, pltf., with and against Allard Anthony, deft. The pltf. concluding, that the deft, shall be con demned to pay him as per a/c produced, the sum of one hundred and fifty one guilders, four stivers in beavers and twenty five gilders twelve stivers in Holland currency, while the deft, concludes, that the pltf. shall render him due a/c, proof and reliqua under sufficient evidence in law, of the ten tubs of tobacco in question sent by the ship the Balance in the year 1656, rejecting the ace' produced by the pltf. and says, he does not owe the pretended interest hereupon and therefore that the pltfs. entered suit shall be dismissed. Burgomasters and Schepens having read all and weighed and pondered on whatever is material and heard parties on both sides, adjudge and decree, that the deft, shall satisfy and pay the pltf. for the two gold rings the sum of sixty guilders Holland currency deducting the price of the sold tobacco to the sum of forty four guilders in like pay, for so much it has produced; and what regards the lost goods, Burgo masters and Schepens decree, that Allard Antony shall pay the sum of fifty two guilders in beavers, on condition of holding his guarantee, where he thinks proper. They further dismiss parties' claims on both sides, which they have against each other herein, and parties aforesaid are further condemned each in his own costs accrued in this suit. Burgomasters and Schepens of this City Amsterdam in N : Netherland have considered the a/cs and papers produced on both sides in the suit between Mattheus de Vos, pltf., with and against Walewyn van der Veen, deft., and having pondered and weighed all, that is material and heard and examined parties on both sides decree, that Walewyn van der Veen shall satisfy and pay to Mattheus de Vos the sum of thirty six guilders and eight stivers, and pay the costs accrued in both sides in this suit. The prisoner Jan Gerrisen de Vries entering is asked, if he does not recollect any thing of the matter, of which he is accused ? Answers No. Burgomasters and Schepens having considered the demand and conclusion of the Officer on and against the prisoner have ex gratia and not for his merits, reprimanded him for his committed fault and delict; and condemn him for his mutiny, perpetrated on ship board, in the fine of fifty guilders with costs incurred herein and order him to remain in prison, until the aforesaid fine and costs be paid. Tryntie van Campen, mother in law of the aforesaid Jan Gerrisen de Vries, appears in Court, who declares her- 1663] Court Minutes of New Amsterdam. 191 self bail for the payment of the above entered fine; in case her son in law aforesaid do not pay the same within two or three weeks, that she shall then give, satisfy and pay it. In witness hereof she has signed the blotter. Resolveert Waldron, Mart Max and Thomas Kees appearing, Resol veert Walrdon says, that he found Mart Max and Thomas Kees fighting; whereupon parties are heard — Thomas Kees says, that Marten Max struck him, which Marten Max denies. Tomas Kees says, he can prove it. Josep Winslo appearing as evidence, declares that Mart Max gave the abovenamed Kees a blow. The Officer concludes, that each be fined twenty five guilders, according to placard. Burgomasters and Schepens condemn Mart Max in a fine of five and twenty guilders and refer parties further case at their request to the R' Honb!° the Director General and Council of N: Netherland. Joannes van der Meulen, as attorney of Isaack Bedloo, and Henry Hutson appearing give in on both sides the claim, which they have against each other. Burgomasters and Schepens refer the matter in ques tion to Cornelis Steenwyck, old Schepen and actual Orphan Master of this City, and Christoffel Hooghlant to take up parties question, to debate and decide the same — to reconcile parties if possible, if not to report their award to the Court. Abraham Pietersen and Merritje Abraham, widow of Thomas Jansen Mingael, represent by petition, that they find the estate of the above- named Thomas Jansen is more in arrears, than they thought; and whereas they have obtained benefit of inventory, they, for reasons aforesaid desist and withdraw therefrom and hereby reject and abandon the estate aforesaid. Jan Joosten entering requests by petition, that he may take and re sume the yacht, which he and Lucas Andriessen sold to Tomas Jansen Mingael and which yacht is bound for the payment — at the price at which it was sold to him ; and to receive for the use, wear and tear of said yacht and tackle whatever arbitrators to be selected by the Court and conversant therewith shall adjudge to be proper, taking into calculation, what has been paid thereon. Apostille — Petitioner is ordered to have his eye on the yacht, until further disposition be made in the matter. Tuesday 30'? January 1663. In the City Hall. Present the Heeren Pieter Tonneman, Olof Stevenzen van Cortlant, Paulus Leendertsen van 192 Court Minutes of New Amsterdam. [1663 der Grift, Joannes van Brugh, Joannes de Peister, Jacob Strycker, Isaack Greveraat. Schout Pieter Tonneman, pltf. v/s Andries Rees, deft. Pltf. con cludes in writing, that the deft, shall be condemned not to tap for the term of one year and six weeks nor pursue the business of tapping either directly or indirectly during that time or repair the same by the sum of three hundred guilders because that he, the deft, did not notify him, the Officer, of the disturbance, which occurred at his house between Pieter Jansen, mason, and Denys Isaacksen. Deft, says, that it occurred so- quick and that Pieter Jansen was stabbed, before he thought of it — and he threw open the doors saying, Clear out of my house — that he did not dare to leave his house through fear, that his wife and children might be wounded; and that he is not bound to communicate the same to the Schout, being one of the Schout' s servants.. The W. Court for reasons postpone the case to another opportunity. Schepen Isaack Greveraet and Hendrick Hendricksen Obe, pltfs. v/s. Willem Doeckles, deft. Pursuant to the order of the last Court day, the pltfs. in quality as guardians and tutors of the minor son of Jan Jansen Hagenaar, produce the declaration, that the deft, has not treated the aforesaid youth properly according to contract agreed on, but has broken it on his side — they conclude therefore, that the abovenamed Willem Doeckles shall be condemned to pay the aforesaid youth the years salary and to be further released from him, with costs. Deft, appearing and the declaration being read to him, he answers both verbally and in writing, that the boy evinced unwillingness on several occasions and ran away from work, as once to Abel Hardenbroeck and twice to Isaack de Foreest, old Schepen of this City, and took away his tools with him, doing his own work with them. Pltfs. say, that is not true. The W: Court having heard parties on both sides decree, that the boy shall be released from defts. service, and condemn deft, to pay to the boy for the past time served by him according to contract, with costs. Abel Hardenbroeck, arrestant and pltf. v/s Hendrick Barensen Smitt, arrested and deft. Pltfs. wife entering demands from deft, payment of seven hundred guilders, deducting what is paid on it. Deft, admits the debt saying, there is an open a/c between them both and requests, that it be taken up by arbitrators. Burgomasters and Schepens refer the matter 1663] Court Minutes of New Amsterdam. 193 in question to Pieter Jacobs Marius and Pieter de Nys to take up parties a/cs; to hear and examine parties and decide the same; and to reconcile them if possible ; if not to report their decision to the Court, the attach ment remaining so long valid. Pyant Boweres and two sailors, from the ship of Hendrick Hutson, exhibit the judgment of 25 January last, pronounced against the above- named Hutson and the notice served on him — Request execution thereof. The W. Court order the Marshal to put these in execution. Jacobus Vis, pltf. v/s Cornelis Barensen, deft. Pltf. demands from deft, seventy two guilders for four parcels of salt, which he, the pltf., sold at vendu and not willing to trust the buyer, he held the salt and it was sold again for the same price. Deft, says, it is only sixty three guilders five stivers and he can so prove by the note of the Vendu Master — admit ting to owe the same. Pltf. says, if deft, can prove his statement, he will then withdraw. The W. Court order parties on both sides to prove their assertions. Marycken La Noy, pltf. v/s Jacobus Vis, deft. Pursuant to the order of 16* Jan'y last, the deft, is asked, if he has examined pltfs. a/c ? Answers Yes — and there is no difference, except twelve guilders, which her deceased husband drew in tobacco pipes at his house ; promising to pay the pltf. honestly and fairly. Pltf. demands payment, with costs. Burgomasters and Schepens order deft, to satisfy and pay the pltf. the 248 fl. 8 st. with costs, deducting what is fairly due him. Joannes Verveelen, pltf. v/s Tielman van Vleeck, deft. Both in de fault. Metje Wessels, pltf. v/s Tielman van Vleeck, deft. Deft, in default, and the attachment remains valid. Walewyn van der Veen, pltf. v/s Freryck Gysbersen, deft. Deft, in default. Seletje Arens, pltf. v/s Gerrit Hendrickzen van Harderwyck, deft. Pltf. demands from deft, seventy guilders for a loose coat or frock, twelve guilders in heavy sewant received from her daughter, forty nine guilders for an obligation passed by Claas Karstensen, payment of which was promised by the deft.; five guilders, which he drank and besides, six guilders six stivers before. Deft, denies the debt; undertaking to prove the contrary. The W. Court order the deft, to bring in his contrary proof. VOL. IV. — 13 194 Court Minutes of New Amsterdam. [1663 Pursuant to the order of the W. Court of this City dated 3 October, in the suit instituted by Paulus van de Beecq against Seletje Arens, Gerrit Hendricksen Van Harderwyck is asked, what he knows of the sack ? Whereunto he answers — that the sack was taken by Andries Joghemsen, Seletje Aren's husband, out of Master Paulus' house with consent of Mr Paulus, who was present ; giving as reasons for knowing that he was present there at the house and that the sack was not stolen: offering if necessary and being requested to confirm it by oath. Frans Jansen van Hooghten appears in Court producing some a/c of costs incurred in the suing and prosecuting of the monies due him accord ing to judgment by Wessel Evertsen — requesting payment thereof and says the costs were incurred after rendition of the judgment. The W. Court order him to produce the judgment. Hendrick Jansen van der Vin appearing requests by petition, that the a/c between him and Joannes Verveelen may be arranged in presence of arbitrators and that execution may meanwhile surcease. The petition being considered the W. Court hereunto appoint Jacob Kip, old Schepen of this City, and Jacques Cousseau, Burgher and inhabitant here, to take up the a/c, which parties have against each other, to hear parties on both sides, decide their case and if possible reconcile them; if not to report their decision to the Court. Cornelis Hooghboom appears in Court, who pursuant to the order dated 23d January last brings with him into Court Albert Jansen van Heemst to give evidence of the truth, as to what he knows regarding the bricks, which he sold M' Paulus van der Beecq and delivered on the Strand. After having been examined by the W. Court he declares, that about six @ seven weeks since, Cornelis Hooghboom asking Paulus van de Beeck: Will you haul the brick ? the abovenamed Paulus van de Beeck thereupon answered; I shall haul them: offering if need be and he is requested, to affirm this on oath. The Officer Pieter Tonneman recommends Burgomasters and Schepens, as the election of the new Magistrates of this City is at hand and the nomination is vested in Burgomasters and Schepens, that they would be pleased to nominate such persons only to such office, as may be considered worthy. i663] Court Minutes of New Amsterdam. i95 Thursday first February 1663: In the City Hall — Present the Heeren Pieter Tonneman, Olof Stevensen van Cortlant, Paulus Leendertsen van der Grift, Joannes van Brugh, Joannes de Peister, Jacob Strycker, Jacob Backer, Isaack Greveraat. Cornelis van Ruyven, Secret5: of the Honb!e West India Company in this country, appears in Court in quality of Commissioner from the Board of the Director General and Council of New Netherland, according to qualification thereof shewn, dated as above, setting forth as follows — The Honb!e Cornelis van Ruyven is hereby appointed and authorized to attend according to custom, from the College of the Director General and Council of New Netherland, at the nomination of the Honb!e Burgo masters and Schepens. Done Fort Amsterd™ in N. Netherland the 1? February 1663. Was signed P: Stuyvesant. Schout, Burgomasters and Schepens proceeding to the nomination, exhibit each one, whom he is nominating in writing; which votes being collected are found to be as follows: — For Burgomaster : — The following are nominated : Marten Cregier 8 Marten Cregier Allard Anthony 3 Cornelis Steenwyck 5 Cornelis Steenwyck For Schepens : — Pieter van Couwenhoven 8 P. van Couwenhoven Jan Vigne 8 Jan Vigne Cornelis Steenwyck 3 Tymotheus Gabry 1 Hendrick Janzen van der Vin 6 Hend. J. v. der Vin Isaack de Foreest 5 Isaack de Foreest Jacques Cousseau 7 Jacques Cousseau Jacob Kip 8 Jacob Kip Jeronimus Ebbinck 3 Christoffel Hooghlant 6 Cristoffel Hooglant Govert Loockermans 6 Govert Loockermans Nicolaes Verlett 2 Tomas Hall 1 Follows the letter: — 196 Court Minutes of New Amsterdam. [1663 Honourable, Valiant Gentlemen: — Whereas the election is at hand and you Right Honorables have been pleased to grant this City the privilege of nominating the succeeding Burgomasters and Schepens — which having made the election in presence of the Honb!e Cornelis van Ruyven, your Honors Commissioner, do by plurality of votes propose to your Honors a double number, to wit: — For Burgomaster : — Marten Cregier, Cornelis Steenwyck. For Schepens — Pieter van Couwenhoven, Jan Vigne, Hendrick Jansen van der Vin, Isaack de Foreest, Jacques Cousseau, Jacob Kip, Govert Loockermans, Cristoffel Hooghlant. Requesting your Honours to select therefrom such as your honours may think proper for the advantage of this City. Done Amsterdam in N: Netherland the first February 1663. Under Stood By order of the Honb!e Schout, Burgomasters and Schepens of this City aforesaid — was signed Joannes Nevius, Secret1! Friday 2nd February 1663: In the City Hall — Present the Heeren Pieter Tonneman, Olof Stevensen van Cortlant, Paulus Leendertsen van der Grift, Joannes van Brugh, Joannes de Peister, Jacob Strycker, Jacobus Backer, Isaack Greveraat. The Honb!e Joannes de Decker, Councillor, appears in Court from the Council of New Netherland, appointed by the Rt. Honb!e Director General and Council of N. Netherland, who pursuant to his commission delivers to the Schout, Burgomasters and Schepens the election of the new Magistracy of this City and reads as follows — Worshipful, Beloved, Faithful — From the nomination exhibited, are by US elected 1663] Court Minutes of New Amsterdam. 197 Olof Stevensen van Cortlant, continued as Old Burgomaster, Marten Cregier, Burgomaster. As Schepens — Jacob Strycker, Presiding Schepen, Pieter van Couwenhoven, Jan Vigne, Jacob Kip, Jacques Cousseau. Understood: And Councillor Johan de Decker is hereby commis sioned and authorized, to discharge the retiring Burgomaster and Schepens from their office after suitable acknowledgments therefor, to instal the newly elected after taking their oath and in the presence of those retiring to introduce these as heretofore to the Burghery, wherewith after cordial salutation we shall recommend your Worships to God's protection, and remain, Worshipful, Beloved, Faithful, Under Stood — Your Worships affectionate Friends, The Director General and Council of N: Nether land — Was signed, Petrus Stuyvesant. At the side stood, Done Fort Amsterdam in N. Netherland the 2d Feb: 1663. Subscription: — Worshipful, Beloved, Faithful, the W. Schout, Burgo masters and Schepens of the City of Amsterdam in N. Netherland. Which above written election is, after the usual ringing of the bell three times, made known to the Burghers of this City; and Marten Cregier, Pieter van Couwenhoven, Jan Vigne being sent for to the City Hall are installed in their office. Tuesday, 13 February 1663. In the City Hall. Present the Heeren Pieter Tonneman, Olof Stevensen van Cortlant, Marten Cregier, Jacob Strycker, Jan Vigne, Jacob Kip, Jacques Cosseau. Schout Pieter Tonneman, pltf. v/s Geertje Teunis, deft. Pltf. de mands from deft, in quality as bail for Dirck Jansen, ship carpenter, a balance of thirteen guilders. Deft, says, she cannot get any money; re quests fourteen days delay. The W: Court order deft, to pay pltf. within fourteen days time on pain of execution. Schout Pieter Tonneman, arrestant and pltf. v/s William Hatkes, arrested and deft. Pltf. concludes, that deft, shall be condemned to close confinement there to sit on bread and water for the space of two 198 Court Minutes of New Amsterdam. [1663 months or to be fined in the sum of one hundred guilders with costs for having struck his master and skipper Samuel Leeck. Deft, denies it. M' Henry Hutson and Jan Hackens appearing to give evidence of the truth declare, that Samuel Leeck told them, he had some trouble with William Hatkes in the Virginias and that he will make an example of Willem Hatkes, but that Willem Hatkes did not strike him. The Officer concludes, as Samuel Leeck has falsely accused the person of Willem Hatkes, that he shall be condemned in a fine of fifty guilders. Burgo masters and Schepens decree, that as Samuel Leeck has no sufficient proof, that Willem Hatkes has struck him, he shall settle with the Officer for having unjustly accused Willem Hatkes. Abel Hardenbroeck, arrestant and pltf. v/s Hendrick Barensen Smitt, arrested and deft. Pltf. demands from deft, three hundred and forty five guilders and requests, that he shall remain in arrest, until he shall have paid him. Deft, says, he knows not, wherefore he owes so much ; admits owing two hundred and ninety guilders according to deci sion of the arbitrators— producing the same. Burgomasters and Schepens refer the matter de novo to Pieter Jacobs Marius and Pieter de Nys to take up the case anew in the presence of Schepen Jan Vigne, to hear parties, examine the same, decide the case and if possible to reconcile them ; if not to report their decision to the Court ; the arrest remaining meanwhile valid. William Hatkes, pltf. v/s Samuel Leeck, deft. Pltf. concludes in writing, that deft, shall allow him to remove, unobstructed, three hogs heads of tobacco and about two hundred pounds ditto in bulk and return one hundred and sixty pounds of tobacco loaned to him, deft., on pay ment of the freight according to agreement; and further that he shall be condemned to pay him seven pounds sterling ten shillings, silver money, for four months eight days earned hire with costs. Deft, says, he knows nothing of the tobacco and if there be any tobacco in the ketch belonging to him, it shall be given him. As for the monthly wages, says, he does not owe any until the completion of the voyage. Pltf. maintains, he is not bound to accompany the deft, to Rhode Island, as he agreed pre viously to go to Barbados. Deft, says, if the pltf. had any claim to make on account of the alteration of the voyage, he ought to have made it in Virginia. Burgomasters and Schepens decree, that the deft, shall let the 1663] Court Minutes of New Amsterdam. 199 pltf. take away the tobacco, which he has on board, on condition that the deft, shall prosecute the voyage to Rhode Island. Jan Gerrisen van Buytenhuysen, pltf. v/s Tomas Hal, deft. Pltf. in quality as curator of the estate left by Andries van Buytenhuysen, de mands from deft, two hundred and twenty two guilders four stivers due said estate. Deft, says, he has no a/c of it: admits owing two hundred guilders promising to pay his debt within six weeks. The W: Court order pltf. to furnish pltf. copy of the a/c. Tomas Hal, pltf. v/s Freryck Flipzen, deft. Pltf. demands from deft., successor of Pieter Rudolf us, the sum of two hundred and fifty three guilders, three beavers and three hundred and sixty pounds of tobacco according to obligation. Deft, admits owing some items; pro ducing some offset a/cs. The W1 : Court refer the matter in question to Cornelis Steenwyck, old Schepen and actual Orphan Master of this City, and to Hendrick Jansen van der Vin, also old Schepen of this City, to take up the a/cs and differences which parties have against each other, to argue and decide the same, and to reconcile parties if possible ; if not to report their decision to the Court. Joannes Verveelen, pltf. v/s Tielman van Vleeck, deft. Deft, ab sent. Pltf. concludes in writing, that the deft, be excluded from the exception declinatoir and peremptoir and from all others, that he might take advantage of, for his non-appearance on the [third] summons and for having broken his arrest and be condemned on the fourth summons to satisfy and pay him, the pltf., the sum of one hundred and fifty guilders twelve stivers according to a/c annexed; all with costs. Burgomasters and Schepens excuse the deft, from the default inasmuch as the weather and circumstances do not permit him to come over — and order the pltf. to furnish the deft, with copy of the demand and a/c. to answer thereunto at the next Court day. Symon Janzen Romein, pltf. v/s Francois de Bruyn, deft. Defts. 3d default. Pltf., as attorney of Pieter Lucassen, requests from deft, pay ment of the sum of forty guilders for wages and cloth delivered for a sail on Jan Jacobsens boat, navigated by deft. Burgomasters and Schepens condemn deft., as he has not appeared on three summons, to satisfy and pay pltf. in his quality the forty guilders. Walewyn van der Veen, pltf. v/s Freryck Gysbersen, deft. Pltf., as 2oo Court Minutes of New Amsterdam. [1663 substitute of Philip Pietersen Schuylaart,* attorney of Aalje Goosen van Schuildert, widow of Meindert Andriessen decd, demands from deft. a/c. proof and reliqua of the goods, which he received from the above named Meindert Andriessen. Deft, says, there is some difference in the a/c. and requests, that the a/c may be taken up by arbitrators. Burgomasters and Schepens refer the matter in question to Joannes van Brugh and Joannes de Peister, old Schepen of this City, to take up and examine the a/cs of parties, to hear and decide the case, and if possible to re concile parties, if not to report their decision to the Court. Schout Pieter Tonneman, pltf. v/s Hermanus Litsco, deft. Deft, in default. Geertje Dircks, pltf. v/s Engelbert , deft. Both in default. Gysbert Op Dyck, pltf. v/s Paulus Heimans, deft. Deft, in default. Freryck Flipzen entering says, he has attached some tinware belong ing to Foppe Jansen Outhout, requesting that the attachment be declared valid on account of a debt, which Foppe Jansen does not deny amounting to fifteen beavers, -J beaver for freight and thirty stivers to the labourers at the scales. Marten Cregier exhibits a petition, which Foppe Jansen Outhout has sent him by letter, in which he states, that he is indebted to Freryck Flipzen one hundred and fifty guilders and is ready to pay the same on receiving said amount according to judgment passed here in the year 1659, before Director and Schepens aganist Elmerhuyzen Clein decd and the said sum is there again attached and prosecuted by Pieter Pieter sen Harder and he was condemned after that to bring the 150 gl. in con signment and having spoken to his competent judge concerning the attach ment, he gave for answer to write thereupon to the R- Honb!e Director. Therefore he is obliged to turn to the W: Court of this City, requesting said attachment to be declared null and void and that he may be informed, whom he is to pay. Burgomasters and Schepens declare the attachment valid and decide for order on the petition: Petitioner is ordered to prove the contents hereof; the attachment meanwhile is declared valid and the goods are allowed to be taken under bail. Jan Cnelizen and Abel Hardenbroeck entering, Abel Hardenbroeck is shewn the shoes, which he has made for Jan Cnelisen and sold to him as good, which are good for nothing. To which Abel answers, that it is * Schuyler. 1663] Court Minutes of New Amsterdam. 201 the journeymans fault, saying further, that he had bought one hundred heels, for which he gave fifty guilders. Jan Cnelissen demands indemni fication for the shoes or a pair of good shoes for his money. The Officer concludes, that Abel Hardenbroec shall be fined one pound Flemish for having cheated Jan Cnelissen, delivering him bad shoes for good ones and shall moreover make another pair of good shoes for the aforesaid Jan. Burgomasters and Schepens decide to have the shoes inspected by impartial shoemakers, who shall give their opinion thereon, appoint ing for that purpose Coenraat Ten Eyck and Stoffel van Laar, who being brought by the Court Messenger and appearing were shewn the shoes and requested to give their opinion thereupon; seeing the shoes they declare, that the upper leather is good, but they are not well peg ged by the journeyman. Burgomasters and Schepens having heard the opinion of the shoemakers order Abel Hardenbroeck, again appearing, to repair the shoes, charging him to avoid such things in future and to deliver good goods. Joannes Withart entering prorecutes an attachment made on the monies of Paulus Heimans in the hands of Joannes Nevius, arising out of the sale of a house. The W1: Court declare the attachment valid. Cornelis Barenzen, Lime and Grain Measurer, entering exhibits cer tain acte of proof regarding the salt in dispute with Jacobus Vis, agreably to the order of the last Court day. Hendrick Hutson entering says, that his cooper, who likewise ap pears, is unwilling to go to the Virginias with him ; requests therefore that he shall be ordered so to do. The cooper says, he is not bound to go. Hutson says he is bound to him. The cooper appeals to M'. Hutson's cousin, as it was he, who hired him ; who entering says, he hired him for the winter season ; offering to confirm the same on oath. Burgomasters and Schepens order the cooper to proceed with Hendrick Hutson to the Virginias. Wednesday, the 14th Feb5". In the City Hall. Present the Heeren The Court considering the petition of Merritje Abrahams, widow of Thomas Jansen Mingael, and Abraham Pietersen, father in law of the aforenamed Tomas Janzen, wherein they represent, that they kick away with the foot the estate left by the abovenamed Tomas Jansen, it being 202 Court Minutes of New Amsterdam. [1663 insolvent, and place the same in the hands of this W1. Court, to manage the same in such wise, that the creditors may obtain their own as far as it will allow, Burgomasters and Schepens being assembled appoint as cura tors over the insolvent estate Paulus Leendertsen van der Grift, old Bur gomaster and actually Treasurer of this City, and Govert Lookermans, old Schepen of this City. ACTE OF AUTHORIZATION. Whereas Merritje Abrahams, widow of Tomas Jansen Mingael dec* and Abraham Pietersen, miller, father in law of the abovenamed Tomas Jansen, have obtained on the 2nd January of this year from the Supreme Court of this Province letters of benefit of inventory with the intention and understanding, that they will under aforesaid benefit, improve the estate aforesaid for the advantage of the creditors, widow and heirs, and to see if any thing remain over for the widow and children, and whereas in settling the estate they discovered the contrary and that they have no advantage to expect from the aforesaid estate, — they therefore for reasons moving them desist and withdraw therefrom for the benefit of the creditors, placing the same in the hands of the W1 : Court of this City, to do with the same as the law requires, which being considered by Burgo masters and Schepens, they find it necessary for the advantage of the creditors, that said estate be regulated forthwith. Therefore they author ize and qualify hereby as curators Paulus Leendersen van der Grift, old Burgomaster and actual Treasurer of this City, and Govert Loockermans, old Schepen, who are requested and ordered to proceed forthwith with the estate aforesaid and to dispose of the same as they shall find best for the advantage of the general creditors. Done as above. Thursday 15 February 1663: In the City Hall. Present the Heeren Olof Stevensen van Cortlant, Marten Cregier, Jacob Strycker, Jacob Kip, Jacques Cousseau. Elizabeth Janzen, wife of Denys Isaackzen, represents humbly by petition, whereas difficulty have arisen between her husband and one Pieter Jansen, mason, from which a wound followed, for which wound and difficulty parties have settled with each other, the Officer's action alone remaining open — The petitioner therefore requests in her husband's 1663] Court Minutes of New Amsterdam. 203 name, that the unsettled action may be adjusted with the Officer and that the petitioner's husband may return unmolested here to attend to his calling. Whereupon serves for order: The petition is for reason granted with this exception, that the action remains unimpaired insomuch as it is found probable, by the present declaration of the surgeon, that the wound may become worse, whereby the patient may happen to die. Friday, 23'? February, 1663: In the City Hall. Present the Heeren Pieter Tonneman, Olof Stevensen van Cortlant, Marten Cregier, Jacob Strycker, Pieter van Couwenhoven, Jan Vigne, Jacob Kip, Jacques Cousseau. Jan Joosten, entering requests by petition as well in his own name as in that of his partner Lucas Andriessen, that they may resume as their own by default of payment, the yacht called The Flower of Gelder, which they, the petitioners, sold to Tomas Jansen Mingael and is pledged for the payment to them and that they shall receive for the use, wear and tear of said yacht and its appurtenances, what arbitrators, conversant there with and to be chosen by the Court, shall deem a proper compensation, returning what has been paid on the yacht by the abovenamed Tomas Jansen. Jan Joosten is asked, if he will take back the yacht at the price, for which it was sold, on condition of returning what was paid thereon ? Answers No — Offers to take it back for what now remains to be paid on it. Burgomasters and Schepens taking into consideration Jan Joosten' s offer and that it is sixty five guilders more, than the yacht is valued at by appraisers, appointed thereunto by the W1: Court, grant Jan Joosten and his companion Lucas Andriessen to resume the aforesaid yacht for what remains to be paid thereon, and to use it as their own. Abraham Pietersen, miller, requests by petition, that he may have the goods of Tomas Jansen Mingael, appraised and estimated by inven tory, at the price they were valued, promising to pay for the same by the month of May next, under bond of his person etc. Apostille: — For cause the W! Court decree, that the sale of the goods mentioned herein shall be postponed for the term of six weeks from date. Whereas the W! Court of this City have, for cause, decreed that the sale of the goods of Thomas Jansen Mingael shall be postponed for the term of six weeks from date, the curators of the said estate are therefore 204 Court Minutes of New Amsterdam. [1663 requested by the W. Court aforesaid to prolong the notices affixed for that purpose and the abovenamed curators are also informed, that Jan Joosten and Lucas Andriessen have obtained from the W! Court their yacht sold to Thomas Jansen, as their own, for their claim, according to offer and approval of the above named Court and shall possess, use and dispose of it according to their pleasure. At the Court of Schout, Burgomasters and Schepens it is ordained, resolved and concluded, that the previously enacted Ordinances of Schout, Burgomasters and Schepens on the subject of their appearance at, and absence from ordinary and extraordinary meetings shall be strictly obeyed and observed conformably to what is enacted, to wit — Who comes half an hour too late shall be fined ten stivers Who comes one hour too late .one guilder And who is wholly absent two guilders It is further concluded and resolved, that the fees of the extraordin ary [meeting] shall be laid and taken care of apart and those, who shall then come too late or be absent shall be fined as above — But from this are excepted all such as are gone for the regulation of their affairs to Fort Orange, the South River, or New England, also those, who are sick or who have any lawful cause of absence and it remains after proof at the discretion of the W! Court, who shall then not be fined. And that the aforesaid may be better observed and obeyed, It is unanimously concluded by the Board, that those, on whom the aforesaid fine shall happen to fall, shall defray their a/cs according to the pleasure of the W! Board without any objection. In testimony have the W! Heeren Schout Burgomasters and Schepens subscribed this, the 27* February 1663. Pieter Tonneman, O. Stevensen v Cortlant, Marten Kregier, Jacob Strycker, Pieter Couhoven, J. Vinge 1663, Jacob Kip, Cousseau. 1663] Court Minutes of New Amsterdam. 205 Tuesday, 27 •? Feb: 1663. In the City Hall, Present the Heeren Pieter Tonneman, Olof Stevensen van Cortlant, Marten Cregier, Jacob Strycker, Pieter van Couwenhoven, Jan Vigne, Jacques Cosseau. Joris Dopzen summoned by the W! Court of this City appears. Bur gomasters and Schepens inform him of the complaints, which have been communicated to them both by his own nation and others for his keeping a disorderly house and entertaining sailors, whereby the masters or skip pers receive no service from them. Deft, says, he does not do so. Bur gomasters and Schepens order Joris Dopzen to keep a better house and that no more complaints come of him or that further order shall be taken. Schout Pieter Tonneman, pltf. v/s Lambert Huybersen Mol and his son Huybert, defts. Deft. Huybert in default. Pltf. demands from deft, one hundred and fifty guilders, for that the deft, has been fighting with his son and drew a knife on him. Deft, denies having drawn a knife, then admits having given him a blow saying, a father may well strike his child. The Officer undertakes to prove his statement and requests as he has summoned and arrested Huybert, that the arrest be declared valid. Burgomasters and Schepens declare the arrest valid and order the Officer to prove his assertion according to his own offer. Freryck Flipzen, pltf. v/s Schepen Jan Vigne, deft. Pltf. demands from deft, according to obligation one hundred and eighty guilders in tobacco or beavers and ten guilders costs. Deft, admits he signed the obligation ; then says he sold a mare to Tomas Hal for one thousand guild ers in tobacco, on condition, that Tomas Hal should pay Pieter Rudolfus the hundred and eighty guilders, which Tomas Hal also promised to do; whereupon he spoke to Pieter Rudolfus who gave for answer, that he had an a/c with Tomas Hal. Tomas Hal appearing is asked, if he did promise to pay Pieter Rudolfus one hundred and eighty guilders on a/c of Schepen Jan Vigne ? Answers, he so promised. Freryck Flipzen en tering with Tomas Hal, says that Thomas Hal did not inform him, that it should be placed to a/c. and says, if Thomas Hal pays him, he is satis fied. Burgomasters and Schepens decree, whereas Thomas Hal admits that he had promised to pay the hundred and eighty guilders to Pieter Rudolfus on a/c of Schepen Jan Vigne, that he shall have to do so. Tomas Hal, pltf. v/s Freryck Flipzen, deft. Pltf. demands payment from the deft, according to award of arbitrators in a case, which they had 206 Court Minutes of New Amsterdam. [1663 with each other. Deft, says, the award of arbitrators cannot be approved as one item of one hundred and thirty guilders is brought in a/c, which was charged to Pieter Rudolfus and is paid. He is asked, if he have proof of it ? Answers No, except the statement of his wife. Tomas Hal entering is informed, that Frerick Flipzen says the hundred and thirty guilders are paid — Whereunto he answers, such must appear; then offers to affirm the contrary on oath, if the Wi Court so thought proper. Burgo masters and Schepens having heard parties, and examined and weighed the award and all that is material, approve the award rendered by arbi trators. Schepen Jacques Cousseau, as Deacon of this City, requests as par ties in the compromise regarding their question have bound themselves, that whoever should not approve the award, should pay eighteen guilders, and the abovenamed Frerick Flipzen not being content with the award, he shall be ordered to satisfy and pay the eighteen guilders to the Poor. The W! Court order Frerick Flipzen to pay the eighteen guilders to the Deacons of this City. Gerrit Hendrickzen van Harderwyck, pltf. v/s Lambert Huybertzen Mol, deft. Pltf. demands of deft, sixty guilders for a hog sold him. Deft, admits having bought the hog for the fl. 60. then says the monies are assigned over to one Albert Albersen, of whom the deft, bought the hog, and that Albert Albertsen had agreed with him to repair his yacht, wherein he should earn it. Pltf. denies having assigned the money. The W! Court order the deft, to give and pay the pltf. the sixty guilders. Francis Verveelen,- pltf. v/s Hendrick Janzen van der Vin, deft. Pltf. demands from deft, payment according to obligation and judgment. Burgomasters and Schepens postpone the case until further explanation of the matter be given them by the arbirators, as to how they found the case. Eghbert Meindersen, pltf. v/s Hendrick Hendricksen Obe, deft. Pltf. demands from deft, twenty five guilders arising from meat, seized by him in quality as Farmer of the Excise, belonging to one Nicolaas Davidts and not entered. Deft, maintains, that the agreement made with the pltf. is of no value, as the same occurred without the knowledge of the Officer and says that Nicolaas Davidts is a foreigner and unacquainted with the custom of this place. The Officer requests, that the monies 1663] Court Minutes of New Amsterdam. 207 which deft, promised to pay shall be distributed for the benefit of the Poor as the agreement was made without his consent and that the same may not be repeated hereafter. Whereas the matter has occurred long since and the Officer knew of the case and the deft, has not objected before this, the W! Court decree, that the deft, shall have to pay the pltf. the five and twenty guilders. Frans Barensen Pastoor, pltf. v/s Lodowyck Pos, deft. Deft, in de fault. Cornelis Hooghboom, pltf. v/s Paulus van de Beeck, deft. Deft, in default. Hendrick Hutson, pltf. v/s Mighiel Muyden, deft. Deft, in default. Symon Janzen Romein entering says, he has a judgment against Francois de Bruyn, producing the same, and that he has attached the monies of said de Bruyn in the hands of Frerick Flipzen, requesting that the attachment be declared valid and he admitted to lift the money aforesaid. The W! Court declares the attachment valid and the petitioner is allowed to lift the monies under bail. Joannes Withart and Jacobus Vis entering with Anneken La Chair in a case, which they have together, Burgomasters and Schepens order parties properly to sue, if they claim cause against one another. Joannes Withart and Jacobus Vis demand execution on the judg ment, they obtained on the 16 January last against Jan Rutgersen. The Marshal is ordered to put this in execution. Joannes de Peister and Joannes Withart request by petition, that curators may be appointed by the W! Court over the insolvent estate of Cornelis Mourits Bout, so as to be relieved of the monies arising from the effects of aforesaid Bout, also from the papers remaining with them. Order: Whereas the creditors have entered upon the estate without the knowledge of this W. Court, therefore nothing can be done at present in the matter, unless further explanation be given herein to the Court. Tuesday, 6* March 1663. In the City Hall. Present the Heeren Pieter Tonneman, Olof Stevensen van Cortlant, Marten Cregier, Jacob Strycker, Pieter van Couwenhoven, Jan Vigne, Jacob Kip, Jacques Cosseau. Fiscaal Nicasius de Sille, pltf. v/s James Dauidts, deft. Pltf. re- 208 Court Minutes of New Amsterdam. [1663 quests, that two arbitrators shall be appointed by the W! Court to inspect in the presence of one of the Bench a wagon made for him by Hendrick Jansen, wheelwright, whether the same be made according to contract and to give their opinion thereon. Burgomasters and Schepens appoint hereunto Eghbert Woutersen and Cornelis Jansen Clopper, to visit the wagon in question in presence of Schepen Pieter van Couwenhoven, and to enquire, if said wagon is made according to contract and if possible to endeavor to reconcile parties herein, if not to report their decision to the Court. Schout Pieter Tonneman, pltf. v/s Jan Hendrickzen Steelman, deft. Pltf. requests, whereas the deft, is acquainted with the question between Lambert Huybertzen Moll and his son Huybert, that he shall have to give evidence of the truth and answer the interrogations produced by the pltf. and drafted to this end. The interrogatories being read to the deft, and he being questioned, he answers to the same as more fully appears on the margin of the interrogatories. Joannes van Brugh, pltf. v/s Mattheus de Vos, deft. Pltf. demands from deft, payment of the sum of seven hundred and seventy guilders two stivers and a half, balance of twelve hundred and five gilders arising out of the sale of a ketch sold by execution by the Marshal on the 3d of April 1659. Deft, requests six weeks time, in order to collect the money during that time from those, who had promised to pay it. Burgomasters and Schepens condemn the deft, according to his request to satisfy and pay the pltf. within the time of six weeks. Frans Barensen Pastoor, pltf. v/s Lodowyck Pos, deft. Defts. 2d default. Pltf. demands from deft, according to obligation the sum of seventy six guilders and six stivers in beavers. The W! Court order deft. to bring the seventy six guilders and sixteen stivers into consignment of this City. Mighiel Muyden, pltf. v/s Pieter Nys, deft. Pltf. demands from deft, as attorney of Paulus Blyenbergh, payment of seven hundred and forty seven pounds of tobacco according to obligation. Deft, says, he has in his hands no property of Paulus Blyenbergh ; offering to pay deft. as quick, as he gets effects. Burgomasters and Schepens having seen the obligation, order the deft, in his quality to satisfy and pay the pltf. from the first effects of Paulus Blyenbergh. 1663] Court Minutes of New Amsterdam. 209 Cornelis Hooghboom, pltf. v/s Paulus van de Beeck, deft. Defts. 2d default. Pltf. demands from deft, twenty eight guilders for one thou sand brick, sold him. The W: Court order the deft, to bring the money into consignment of this City. Joannes Withart, pltf. v/s Anneken La Chair, deft. Pltf. demands from the deft, three hundred and twenty nine [guilders] ten stivers for brewed beer, received in company with Jacobus Vis. Deft, says, she does not know Joannes Withart and received the beer from Jacobus Vis, and paid him one hundred guilders thereon. At Joannes Withart's re quest Jacobus Vis appears in Court, who is asked by Anneken La Chair, if he did not tell her, that she need not give herself any trouble about the beer debt and that she should never be applied to for it, saying the beer debt is paid and they have a/cs with each other. Burgomasters and Schepens decree, whereas Anneken La Chair says, she does not know Joannes Withart, that she shall prove having paid Jacobus Vis and there fore the above named Jacobus Vis and Anneken La Chair are ordered to settle with each other. James Dauidts, arrestant and pltf. v/s Elsie van Reuvecamp, arrested and deft. Pltf. demands from deft, seventy four guilders five stivers ac cording to a/c. Deft, admits having had the goods from the pltf. ; pro duces an offset a/c. for the sum of thirty five guilders fourteen stivers and a half, so that there still remains thirty eight guilders ten stivers and a half, and requests two months time. Pltf. accepts the offsett a/c in pay ment ; says he is very willing to wait a month and has waited long enough. The W. Court condemn deft, to pay the pltf. within the time of one month. Dirck Wiggersen, arrestant and pltf. v/s Willem Janzen, Ferryman, arrested and deft. Pltfs. wife entering requests the mast of her husband's boat, which deft, bought from one, who had saved it, and says, she offered to pay the salvage. Deft, says, the mast was saved by Tytus Cyrus and offered for sale to him ; he bought it for four guilders and that Mighiel Tades paid it for him. Burgomasters and Schepens decree, if the pltf. require the mast back, that she restore the four guilders given by the deft. for it. Burger Jorizen, pltf. v/s Jan Hackens, deft. Pltf. demands restitu tion of a kedge, which he made for Tomas Jansen Mingael for three beavers; or payment of the three beavers, as it is not paid for. Deft. VOL. IV. — 14 210 Court Minutes of New Amsterdam. [1663 produces an inventory of goods, which he bought on the yacht of Lucas Andriessen and Jan Joosten. Pltf. says, that Lucas Andriesen and Jan Joosten admit, the Kedge in question is unpaid for. They therefore had no right to sell it. Lucas Andriessen and Jan Joosten appearing say, there was an anchor with the yacht, when they sold it to Thomas Jansen and that Thomas Jansen sold the anchor. They therefore retained the kedge instead. Admit they knew the kedge was unpaid for. Burgo masters and Schepens decree, whereas Lucas Andriessen and Jan Joosten admit having been aware, that the kedge was not paid for, which they sold with other property and the yacht to Jan Hackens, that they shall satisfy and pay Burger Jorisen for the same. Walewyn van der Veen, pltf. v/s Freryck Gysbersen, deft. Pltf., as substitute of Philip Pietersen Schuylaar, produces the award of arbitrators in the matter of a/c of goods, which deft, had in hands from Meindert Andriessen to sell, who have found, that deft, by settlement of a/c. remains indebted to pltf. in his quality the sum of one thousand and sixty eight guilders fourteen stivers and that parties approve and allow the same, as far as the a/c is concerned, but that Frerick Gysbersen claims, he must be allowed'in a/c and have credit for, the sum of seven hundred guilders arising from sale of three pipes of Spanish wine, sold to Wernaar Wessels, who to receive his pay bought Wernaar Wessel' s house, as he could get no other pay from him ; in opposition to which Walewyn van der Veen maintains, he is not bound to accept the same, inasmuch as Frerick Gysbersen had no order to expend the money in houses, but only to make a return; demanding moreover for interest the sum of three hundred and ninety five guilders five stivers; and whereas the matter could not be arranged by them, they have placed the same in the hands of the W! Court. Deft, produces a declaration of Wernaar Wessels, wherein he testifies, that he gave the house to Frerick Gysbersen in pay ment for the wine bought of him. Pltf. replies, that deft, has exhibited no proof of being obliged to take the house in payment. Burgomasters and Schepens having heard parties on both sides and seen the award of good men and weighed all that is material, approve the same and decree that the seven hundred guilders in question shall go in payment and deduction of the thousand and sixty eight guilders fourteen stivers. Tomas Sandersen, pltf. v/s Reinier Willemsen, baker, deft. Pltf. 1663] Court Minutes of New Amsterdam. 211 says, that the deft, frequently abused him for an informer. Deft, denies it. The W! Court order parties on both sides to let each other be in peace on pain of imposing a fine on the first who shall begin again. Pieter Nys, pltf. v/s Samuel Etsal, deft. Deft, in default. Jan Hackens, pltf. v/s Lucas Andriessen and Jan Joosten, defts. Pltf. in default. Jan Bos, pltf. v/s Eghbert van Borsum, deft. Deft, in default. Symon Jansen Romein, Willem de Mareschalck and Daniel de Haart appearing request to know, how they shall proceed with the estate of Tomas Jansen Mingael: whereupon they were informed by the W: Court to apply to the curators. They further state, they understand that the widow has received and concealed some debts and are answered, to bring in proof thereof. Freryck Flipzen appears in Court exhibiting papers, wherewith he states, that the action, which one Pieter Pietersen Harder in quality as attorny had against Pieter Rudolfus is settled. Burgomasters and Schepens having seen the papers notify him, that he shall have the papers copied and send the Copies to the South River to shew there, that the action is satisfied. Frans Janzen van Hooghten appearing exhibits, pursuant to the order of 30th January last the judgment, which he has against Wessel Evertsen and again demands payment of the costs, which he has incurred to sue for the money. The W! Court order him to summon Wessel Evertsen. Hendrick Hutson appearing represents, that he hired one Gysbert, a Dutchman, to make a voyage with him to the Virginias and back here, whereunto he is now unwilling, wherefore he is imprisoned by the Fiscal. Gysbert, the prisoner, appearing is asked, why he will not sail now with Hendrick Hutson. Thereunto he answers, that he was told that more Dutchmen should sail with them and he understood that there would not be any more: therefore he quits. Hendrick Hutson says, he furnished him and he himself signed a contract of hire, which being asked of Gys bert, he admits it. Burgomasters and Schepens decree and order the abovenamed Gysbert to proceed according to contract or to put some one in his place. Schepen Jacques Cousseau, as Deacon, demands execution on the 212 Court Minutes of New Amsterdam. [1663 judgment, which he has against Anneke Kockx. The Marshal is ordered to put these in execution. Marycken La Noy requests execution of the judgment, which she has against Jacobus Vis. The Marshal is ordered to put these in execution. Tielman Van Vleeck answers the demand and a/c of Joannes Ver veelen. The Wl Court order copy to be furnished party to reply there unto at the next Court day. Whereas Joannes Verveelen has obtained from the W! Court of this City on the 4th of October 1661, a judgment against Hendrick Jansen van der Vin, which is proceeded with to the uttermost of execution even to exhibition of goods and the abovenamed Hendrick Jansen requested by petition on 30* January last, before pro ceeding with the execution, that the a/cs in question, which they had against each other, may be taken up in presence of two arbitrators, which request being granted by the W1 Court of this City and Jacob Kip and Jacques Cosseau were thereunto commissioned by their Worships, who not being able to reconcile parties have again referred the matter back to the Court aforesaid ; which difference Burgomasters and Schepens of this City having taken into consideration, having read the papers relating thereunto and the judgment dated 4 Octob aforesaid and heard parties, decree by plurality of votes, that Hendrick Jansen van der Vin shall have promptly to satisfy and pay to Joannes Verveelen his arrears together with the interest thereof, which shall run from the date of the aforesaid ren dered judgment and proceed 'till the full and effectual payment. — Regard ing the discount of sewant against beavers, 'tis decreed that what Hendrick Jansen van der Vin has paid Joannes Verveelen in sewant in deduction of a/c. before the judgment of 4* Octob' aforesaid, shall be reduced sixteen guilders for one beaver, and what has been paid after said judgment shall be reduced @ twenty guilders per beaver; and in default of prompt pay ment Hendrick Jansen Van der Vin is ordered to exhibit property to the Marshal of this City, on which payment shall be levied with costs to this date accrued. O Stevensen v Cortlantt. Tuesday 13 March 1663. In the City Hall. Present the Heeren Pieter Tonneman, Olof Stevenzen van Cortlant, Marten Cregier, Jacob Strycker, Pieter van Couwenhoven, Jan Vigne, Jacob Kip, Jacques Cosseau. 1663] Court Minutes of New Amsterdam. 213 Hendrick Willemzen, baker, pltf. v/s Hendrick Jansen Smitt, deft. Pltf. says,, that he suffered great damage three years since by the drainage of defts. water not over his own ground, but through his cellar ; demand ing indemnity therefor to the sum of three hundred guilders. Deft, says, he cannot prevent the water running through his cellar, which is too deep and is not bound to make good the damage or to lay a drain. The W. Court decree and order that the Street Inspectors shall inspect the work in presence of the Officer and that such course and order shall be taken by them as said Commissioners shall think proper. Hendrick Hendrickzen Obe, pltf. v/s Eghbert Meindersen, deft. Pltf. demands from deft, payment of seventy five gl. Deft, says, he has nothing to object against it and that the pltf. has given him time and delay until the fair at Amsterdam, and he can so prove. Pltf. replying says, he denies it and is not bound to wait. The W! Court condemn deft, to pay pltf. without delay unless he shall duly prove, that he was granted delay. Frans Barenzen Pastoor, pltf. v/s Lodowyck Pos, deft. Defts. 3d default. Pltf. demands from deft, on an obligation seventy six guilders sixteen stivers in beavers with interest thereon at ten per cent as he has waited since the year 1651. with costs of suit; requesting arrest on his monthly wages from the City, so as to finally obtain his own. The W. Court condemn deft, by virtue of contumacy to pay pltf. with costs, con senting to the attachment demanded. Lysbet Pieters, pltf. v/s Gysbert Teunissen, deft. Pltf. says, she has arrested the deft, for what is due her the acte whereof is lost, demanding payment of balance of the sum of eighty three guilders two stivers accord ing to writing exhibited without date. Deft, admits having some a/c, but says, 'tis not so much requesting arbitrators to settle the a/c; and has paid her forty skepels of wheat, so that the a/c cannot be so much. The W! Court decree, that the pltf. shall de novo take out judgment before any further disposition. Gysbert Op Dyck, pltf. v/s Paulus Heimans, deft. Pltf. demands from deft, the sum of forty guilders in beavers for a barrel of meat re ceived from Jan Hutson, according to obligation dated 20 Nov? 1657. purporting to pay to the aforesaid Hutson or Gysbert op Dyck. Deft. denies, that the mark signed to the obligation is his. The Court find that 214 Court Minutes of New Amsterdam. [1663 the marks is the defts. wife — which is not denied by the deft., but he re quests that his creditors may have patience until the money come into Court for his house and furniture, sold, when every one shall be paid and should they fall short, that then he may further provide. Burgomasters and Schepens having heard parties and seen the obligation condemn deft. to satisfy and pay the pltf. according to obligation. Aaltje Mareschalck, pltf. v/s Hendrick Spiers, deft. Deft, in de fault. Pltf. appearing says, she has summoned and arrested the deft, and he has departed from his arrest. Freryck Flipzen, pltf. v/s Wernaar Wessels, deft. Deft, in default. Allard Anthony appears in Court declaring to have attached certain tinware of Foppe Jansen Outhout at the South — the tinware remaining with Marten Cregier and that by virtue of an obligation dated 15 April 1657, and obtained judgment. The W! Court declare the attachment valid, having seen the obligation and judgment. Joannes Verveelen replies to the answer of Tielman van Vleeck. The Wf Court order copy to be furnished to party to rejoin thereunto at the next Court day. Eghbert Bennick, son in law of Claas Jansen Ruyter decd, appears in Court requesting by petition, that no disposition be made regarding the renunciation of the estate, as the creditors claim, that the estate is insuffi cient and they shall enquire through others, whether they can remain in possession. The request is granted by the W: Court and the petition re turned. Jacob Vis appears in Court prosecuting the attachment on the monies of Paulus Heimans for the sum of two hundred and sixty six guilders served on the Secretary Nevius and requests that it be declared valid. The W! Court decree, that the abovenamed Paulus Heimans be sum moned before the attachment shall be valid. This day the following Placard is published from the City Hall after the usual ringing of the bell three times. Whereas Burgomasters and Schepens of this City of Amsterdam in New Netherland receive divers complaints from several Burgers and in habitants here, because the bread manufactured by the bakers or those who follow the profession of bread baking in this City, is not manufactured according to the Ordinance and Placard of the R' Honb,.e Director General 1663] Court Minutes of New Amsterdam. 215 and Council of N. Netherland and renewed by the Burgomasters and Schepens, 21s.' Octob', 1661, but on the contrary the bakers manufacture their bread not only of mixed stuff as wheat and rye, but moreover under appearance of said stuff material is used unfit for bread: — Burgomasters and Schepens to prevent further complaints and to provide for the future therein, qualify and hereby authorize Hendrick Willemsen, baker, and Christoffel van Hooghlant, as Inspectors to go around among the bakers, as often as they please, at least once a week and take good care, that the bread within this City's jurisdiction be baked of good material and due weight and as it comes from the mill unmixed or with other stuff amongst it, on forfeiture of said bread and the fine previously fixed thereon or to be imposed according to the exigency of the case: and the Heer Officer is authorized duly to proceed against the contraveners hereof. Thus done and published from this City Hall, at the Court of Schout, Burgomasters and all the Schepens, this 13th March 1663. Amsterdam in N: Nether land. Tuesday, 20th March 1663. In the City Hall. Present the Heeren Pieter Tonneman, Olof Stevenzen van Cortlant, Marten Cregier, Jacob Strycker, Pieter van Couwenhoven, Jan Vigne, Jacob Kip, Jackes Cousseau. Schout Pieter Tonneman, arrestant and pltf. v/s Leentje Dircks Servaas, arrested and deft. Pltf. demands from deft, twenty one guilders four stivers. Deft, admits the debt; promises to pay in fourteen days. Pltf. allows the deft, fourteen days, on condition of giving bail. The W. Court condemn deft, to pay pltf. , and declare the attachment valid. Burgomaster Olof Stevenzen van Cortlant and Hendrick van de Water, as curators of the goods and effects of Gillis van Brugh in this country, pltfs. v/s Jacob van Couwenhoven, deft. Pltfs. in their quality demand from deft, according to mortgage dated 25 January 1657, exe cuted in favor of Gillis van Brugh, five thousand eight hundred and two guilders, ten stivers Hollands and eighteen hundred and forty guilders eleven and a half stivers in beavers with the interest beginning from last of March 1658: and running till the full and effectual payment thereof. Deft, says, he has met great losses and that Gillis van Brugh has had in his hands a large sum of money of his, from which he has collected no 216 Court Minutes of New Amsterdam. [1663 interest; requests that such be taken into consideration. He shews a letter from Gillis van Brugh, in which he writes him to fix the interest at his discretion ; which letter being read, the pltfs. reply thereto, that as far as they are concerned they cannot do any thing about the interest. Deft. offers to give the house, brewery and implements in payment of his arrears on valuation of arbitrators. Burgomasters and Schepens condemn deft. to satisfy and pay pltfs. the principal sum, according to mortgage dated 25* January 1657. Joannes Withart, arrestant and pltf. v/s Leentje Dircks Servaas, arrested and deft. Pltf. demands from deft, one hundred guilders in sewant according to obligation and eighty seven guilders according to a/c. Deft, says, the pltf. ought to have spoken more decidedly to her husband; admitting the debt. Pltf. requests, that the attachment stand good. Burgomasters and Schepens having seen the obligation and account, find the obligation carries no interest, the pltf. brings in a/c: they condemn deft, therefore to pay pltf. the sum of one hundred and forty seven guilders and declare the attachment valid. Freryck Flipzen, pltf. v/s Wernaar Wessels, deft. Defts. second default. Pltf. demands from deft, on obligation two hundred and sixty four principal in beavers and one hundred and twenty three guilders in like pay for interest due; and in addition seven beavers for two ankers of Spanish wine and twenty two guilders in sewant. The Court Messen ger delivers in a note from the deft., in which he asks copy of the demand. Burgomasters and Schepens order the Court Messenger to fetch and cause Wernaer Wessels to personally appear, who returning says he cannot find him: nothing has been therefore done in the matter. Eghbert Meindersen, pltf. v/s Hans Stein and Adolf Pieterzen, defts. Pltf. demands, that deft, shall give evidence of the truth, as to what they know about Hendrick Hendricksen Obe having given him time for his arrears until the Fair of Amsterdam. Defts. heard hereupon declare, that on some conversation between Eghbert Meindersen and Hendrick Hen dricksen Obe and Eghbert Meindersen promising him payment on Am sterdam Fair, that Hendrick aforesaid was satisfied, but that Eghbert said, if Hendrick Hendricksen wanted any thing, whether meat or some thing else he had, he may take it and such should be entered in deduction of a/c. 1663] Court Minutes of New Amsterdam. 217 Schout Pieter Tonneman, pltf. v/s Huybert Verschie, deft. Deft. in default. Gysbert Teunisen, pltf. v/s Grietje Cruytdops, deft. Deft, in de fault. Abraham Goetbloet, pltf. v/s Meindert Barensen, deft. Deft, in de fault. Bartelott entering requests, that his canoe attached by Jan Rutgersen may be released from attachment, as the case in question is depending before the Court of the Town of Bergen and says he cannot be sued at two different places. Burgomaster Olof Stevensen van Cortlant exhibits a letter from Secretary van Vleeck and in addition an extract from the Minutes of the Court of the Town of Bergen, whereby it appears, that the cause is litigated there. Burgomasters and Schepens declare the attach ment invalid as the same is not prosecuted ; also the case is before the Bench of the Court of the Town of Bergen. Jan Joosten appears in Court representing that on the anchor sold with his yacht to Tomas Jansen Mingael there remains something yet to be paid by Eghbert Bennick, who bought the anchor from the abovenamed Tomas Jansen, requesting that he may have his guarantee on the same for the kedge, which he must pay Burger Jorisen for. Burgomasters and Schepens having considered the request and read the deed of sale between him and Tomas Jansen Mingael for the yacht and appendages, find the aforesaid anchor bound to him as depending on the yacht; therefore de cree by plurality of votes, that Jan Joosten shall hold his guarantee on the anchor for three beavers and no more. Hendrick Willemsen, baker, appears in Court with Anthony de Milt ; requests disposition on their petition presented with other bakers. They were informed, that the matter was under consideration and that it should be disposed of by next Court day ; and they were told to continue baking in the meanwhile, as they had hitherto done. Claas Gangelofzen Visser and Pieter Jacobzen Marius, curators of the insolvent estate left by Nicolaas Velthuysen, appearing with Mattheus de Vos, Marshal, the abovenamed curators demand from the Marshal the monies arising from the goods sold belonging to aforesaid Velthuyzen, to which Mattheus de Vos answers, he has but little money in his hands and requests that he may pay by ace' The Marshal of the W! Court of this 218 Court Minutes of New Amsterdam. [1663 City is hereby authorized and ordered to collect and receive in the speediest manner the monies, arising from the goods sold of the insol vent estate of Nicolaes Velthuysen, as well from the late curators as other debtors; to levy execution without any delay on the unwilling without respect of persons, whether they are entitled to any thing from the estate or not; to bring in consignment of this City the collected and received monies, so that the estate may be at once regulated and the creditors get their own, as far as the estate can go. Friday, 23d March 1663: In the City Hall. Present the Heeren Pieter Tonneman, Olof Stevensen van Cortlant, Marten Cregier, Jacob Strycker, Pieter van Couwenhoven, Jan Vigne, Jacques Cosseau. Burgomasters and Schepens having considered the petition of the bakers within this City, wherein they request that the price of bread be raised, as they cannot furnish it without great loss according to the Ordinance and Placards enacted by the Right Honb!e Director General and Councillors on the subject of baking, and renewed by Burgomasters and Schepens in date 21s' Octob' 1661, and further order on the same made on date 13. March last, which being taken into consideration by Burgomasters and Schepens, they have raised, by plurality of votes, the price of bread as follows — to wit : — That the baker or those who follow the profession of baking bread within this City's jurisdiction shall be empowered to ask and receive for one wheaten loaf of eight pounds weight, twenty four stivers, and for a rye loaf of eight pounds weight twenty stivers and have accordingly made on their petition this order: — Burgomasters and Schepens of the City of Amsterdam in N. Nether land having considered the representation of the petitioners raising the price of bread, allow the petitioners to demand and receive for their bread, towit, for a wheaten loaf of eight pounds weight 24 stivers, and for a rye loaf of eight pounds weight 20 stivers, and the petitioners are ordered and charged to observe and respect the tenor of the last published order, dated 13 March. Done etc. Burgomasters and Schepens direct further, that the above written be made known to the Burghers and inhabitants of this City by notices. This day, the 31s.' March 1663, the Marshal is authorized to seize by 1663] Court Minutes of New Amsterdam. 219 notices and to sell by execution the house, brewery and mill of Francois de Bruyn. Tuesday, 3d April 1663 : In the City Hall. Present the Heeren Pieter Tonneman, Olof Stevensen van Cortlant, Marten Cregier, Jacob Strycker, Pieter van Couwenhoven, Jan Vigne, Jacob Kip, Jacques Cousseau. Schout Pieter Tonneman, pltf. v/s Huybert Verschie, deft. Pltf. demands in writing from the deft, a fine of one hundred guilders for having struck the cooper of the Purmerland Church, so that the blood flowed — and further two pounds Flemish for having sat and rode along the street on the cart twice contrary to Ordinance. Deft, says, he had a sore leg, he was therefore obliged to ride and denies having struck, undertaking to prove his statement. The W. Court order deft, to prove his statement on the next Court day. Officer Pieter Tonneman, pltf. v/s Pieter Pia, deft. Pltf. demands from deft, in writing a fine of one hundred guilders for having struck one Joris the mason and also Tomas Sanders in his own house. Deft, says, he has compounded with Joris the mason and Tomas Sanders and that Tomas Sanders struck him, but he would not strike back, as he was a cripple ; also that he did not strike Joris, but pushed him out of his house, as he did not respect his house. The W1 Court order the Officer to produce further proof. Anneken Litscho, pltf. v/s Nathaniel Badts, deft. Pltf. demands from deft, seventy six guilders thirteen stivers. Deft, says, he has not received any ace', therefore demands it and that she shall affirm the justice thereof on oath. The W! Court order pltf. to furnish deft, due a/c of her demand. Daniel de Haart, pltf. v/s Nathaniel Bats, deft. Pltf. says, he sold to deft, on the 26 March last, some goods for the sum of two hundred and twenty seven guilders twelve stivers in beavers pay, on condition, that he should give bail for the pay, wherein he has failed to this date: he is therefore obliged to attach the goods sold to him: requesting that the attachment be declared valid, until the deft, shall give bail for the payment or have satisfied him for them. Deft, admits having bought the goods on such condition, and says the same are still at his lodgings. 220 Court Minutes of New Amsterdam. [1663 The W. Court order deft, to pay the pltf. according to his demand; the attachment remaining meanwhile valid. Gysbert Teunizen, pltf. v/s Grietje Cruytdops, deft. Defts. 2d de fault. Pltf. demands from deft, eighty one guilders according to a/c. The W: Court order deft, to deposit the monies with the Secretary of this City. Hermanus van Borsum, pltf. v/s Joost Carelsen, deft. Pltf. demands of deft, delivery of a boat bought from him with sail and every thing else. Deft, says, the pltf. is not his party, but Jan Coopal, as the person who bought the boat. Pltf. produces a declaration of the sale of the boat, saying he bought the boat. Deft, having read the declaration says, that the deponent is his party and was not by at the sale, and that he informed Jan Coopal of the purchase, as it was too small, because he should de liver the sail in addition, and that Jan Coopal stated to give notice of it to Hermanus van Borssum. Burgomasters and Schepens order parties to look up Jan Coopal and bring him to Court. Hermanus van Borssum returning says, he spoke to Jan Coopal, who gave for answer, he will not come as he was not summoned ; requests therefore postponement until the next Court day, which was allowed him by the Court. Stoffel van Laar, arrestant and pltf. v/s Barbara Flipzen, arrested and deft. Deft, in default. The W! Court declare the attachment valid. Mighiel Tades, pltf. v/s Tamis Davidts, deft. Deft, in default. Pieter Pia, pltf. v/s Pieter Janzen, mason, deft. Deft, in default. Hendrick Janzen, smith, appearing requests execution on the judg ment dated 31s.' October 1662, obtained against Claas Karstensen. The Marshal is ordered to put these in execution. The Officer demands execution of the judgment obtained against Willem Bogardus. The Marshal is ordered to put these in execution. The bakers request by petition an increase in the price of bread, to wit, a wheaten loaf 8 lbs weight to be sold for . . . stivers ; a rye loaf of 8 lbs weight . . . , a white loaf of two pounds weight fourteen stivers. The W! Court postpone the matter to the next Court day. Joannes Verveelen entering produces the judgment, which he ob tained agianst Grietje Cruytdops dated 19* 7b', 1662 ; and further an order of the Court on the notice served, requesting that the House be sold by execution. Apostille: The Marshal is ordered and authorized to 1663] Court Minutes of New Amsterdam. 221 affix notices to sell the house of Barent Cruydop by execution within three weeks time. Joannes Verveelen also requests, as Tielman van Vleeck has failed to rejoin to his reply, that he be ordered to do so. Which request was granted. Gerrit Hendricksen van Harderwyck entering requests execution of the judgment which he hath obtained against Lambert Huybertsen Mol, with costs. The Marshal is ordered to execute these, with costs. Tielman van Vleeck is hereby ordered by the W! Court of this City to rejoin at the next Court day to Joannes Verveelen's reply. Asser Levy appearing in Court says, he has attached the rent belong ing to Cornelis Pluyvier in the hands of David Provoost's widow to the sum of fl. 120. and requests that the attachment be declared valid and that he may be allowed to lift the same in order to have the house re paired, which is falling. The W! Court order him to summon Cornelis Pluyvier. Tuesday, 10* April 1663: In the City Hall. Present the Heeren Pieter Tonneman, Olof Stevenzen van Cortlant, Marten Cregier, Jacob Strycker, Jan Vinge, Jacob Kip, Jacques Cousseau. Hermanus van Borsum, pltf. v/s Joost Carelzen, deft., and Jan Hendrickzen Steelman, witness. Whereas Jan Hendrickzen Steelman is not present, the matter in question, which parties have against each other, is postponed 'till next Court day. Seletje Arens, pltf. v/s Gerrit Hendrickzen van Harderwyck, deft. Pltf. demands from deft, seventy guilders for a coat, twelve guilders in sewant received for his daughter, forty nine guilders on an obligation against Claas Karstensen, which he accepted to pay, five guilders dis bursements and again six guilders six stivers previously. Deft, says he is not indebted to her, and that she is in his debt. The W1 Court order pltf. to lift an acte of what has been last done in the matter. Mighiel Tades, pltf. v/s Tamis Dauidts, deft. Pltf. demands from deft, delivery of timber according to contract made with him, producing the same ; for a house thirty feet long and twenty feet wide. Deft, under takes to deliver timber for a house thirty feet long, and twenty feet wide, but he must according to contract keep to that. Burgomasters and 222 Court Minutes of New Amsterdam. [1663 Schepens refer the matter in question to Paulus Leendertzen van der Grist, old Burgomaster and actual Treasurer of this City, and Frans Jan sen van Hooghten, to reconcile parties if possible in the case which they have against each other — if not to report their decision to the Court. Freryck Flipzen, pltf. v/s Wernaer Wessels, deft. Pltf. demands from deft, two hundred and sixty four guilders in beavers, according to obligation in the last demand dated 30'!1 March ultimo. Deft, says, he made payment in beavers, sewant etc. requests Commissaries to inspect their books and a/cs. The W! Court refer the matter in question to Joannes de Peister, old Schepen of this City, and Stoffel van Hooghlant, to take up the a/cs and books of parties on both sides, to debate the case, to hear and examine parties in their a/cs and if possible to reconcile them ; if not to report their decision to the Court. Alexander Stulke, pltf. v/s Pieter Ebel, deft. Pltf. says he gave deft, some goods and cannot get them back. Deft, says, there is un settled a/cs between them both and whenever these are settled, he shall let him have the goods. The W! Court refer the matter in question to Isaack Greveraat, old Schepen of this City, and to Hans Steyn, to hear and examine parties touching their differences, to reconcile them if pos sible, if not to report their decision to the Court. Isaack Kip, pltf. v/s Hendrick Janzen, smith, deft. Pltf. says, he repaired at various times the fence between his and defts. lots * without the deft, helping to defray the expence ; as the same must be again re paired, he demands, that he shall pay charges. Deft, says, the fence is good and he helped to repair it last year, and that deft, piled firewood against it, and the hens fly over and destroy, what he has sown. Pltf. says, that the deft, kills the hens. Deft, admits having fired with powder only. Burgomasters undertake to inspect the fence and inquire into the matter. Hendrick Janzen, smith, pltf. v/s Isaack Kipp, deft. Pltf. demands from deft, six guilders thirteen stivers according to bill. Deft, says, he does not owe more than four guilders according to settlement. Burgo masters and Schepens having looked into the a/c find, that deft, owes pltf. five guilders fifteen stivers and order him to satisfy and pay that to the pltf. * On the North side of Beaver Str., W. of Broad. 1663] Court Minutes of New Amsterdam. 223 Joannes van der Meulen and Joannes de Witt, curators of the estate left by Sicx Van de Stighelen, request to be discharged from their cura torship. Burgomasters and Schepens decree, that before the curators be discharged the estate must first be regulated and the debts collected and recommend them to proceed in the matter with the best despatch. Tielman van Vleeck rejoins to Joannes Verveelen's reply. The W: Court order copy to be furnished to party, and parties are ordered on both sides to desist from further production, to exchange their papers with each other, and to produce their deduction and principal intendit by inventory on the next Court day. Tuesday, 17* April 1663: In the City Hall. Present the Heeren Pieter Tonneman, Olof Stevensen van Cortlant, Marten Cregier, Jacob Strycker, Pieter van Couwenhoven, Jan Vinge, Jacques Cousseau. Lucas Dirckzen, pltf. v/s Pieter Janzen, mason, deft. Pltf. con cludes in writing, that the attachment on the monies belonging to deft. in Denys Hartooghvelt's hands shall be declared valid, as he has gained the suit against him and that deft, shall consent to Denys being ordered to bring the money he owes deft, into consignment of this City and that he, the pltf., be admitted to lift, under bail de restituendo, the sum of seven and ninety guilders, two stivers according to specification, with costs. Deft, says, he is willing to pay, on condition of deducting the three barrels of beer obtained from him. Burgomasters and Schepens declare the attachment valid and order Denys Hartooghvelt to bring the money into consignment of this City. The sailors of the ketch called, The Contentment, pltfs. v/s Joan Woudberry, their skipper, deft. Pltfs. conclude in writing, that deft. shall be condemned promptly to pay and give them their earned monthly wages, being about two days less than nine months, according to articles written by himself in his memorandum book, deducting what each of them has received on a/c: also the costs incurred herein. Deft, answers, that he engaged the pltfs. at the Barbados to sail every where with him and they are to receive their monthly wages on their return to the Barba dos according to articles; he offers to pay pltfs. a month's wages or two on a/c. Burgomasters and Schepens having heard parties and seen the memorandum book produced by the pltf. {sic), order the pltfs. to 224 Court Minutes of New Amsterdam. [1663 return to their service on board and to do their duty or that it shall be looked to. Pieter Pia, pltf. v/s Pieter Janzen, mason, deft. Pltf. demands fifty five guilders from the deft. Deft, produces an offset a/c. for the sum of one hundred and twenty five guilders of what was given to pltfs. deceased's wife, both in sewant and materials; demanding a/c from the pltf. Pltf. says, that deft, had not paid his wife, what he brings in a/c against him. The W! Court order parties to give each other correct a/c. Joannes Withart and Jacobus Vis, pltfs. v/s Paulus Heimans, deft. Deft, in default. Joannes Withart, pltf. v/s Carel van Brugh, deft. Deft, in default. Seletje Arens, pltf. v/s Gerrit Hendriczen van Harderwyck, deft. Both in default. Weintje Teunis, pltf. v/s Wessel Eversen, deft. Deft, in default. Huybert Hendrickzen, pltf. v/s Francois de Bruyn, deft. Deft, in default. Burgomasters being in Court report, that they have made ocular in spection of the fence between the house and lot of Hendrick Jansen, smith, and Isaack Kip and find, that the same is not as it ought to be. Therefore they decree as the Court does also, that parties on both sides are hereby ordered to make together the fence in question suitable and good, to remove their firewood from the same and to cut the wings of their fowls, so that neither the one nor the other suffer any loss thereby. The bakers within this City request by petition an increase in the price of the bread to be baked, to wit, the wheaten loaf of 8 lb? weight, thirty stivers, a rye loaf of equal weight, twenty six stivers, and a white loaf of two pounds weight fourteen stivers, as they cannot afford, without great loss, their bread for such price as has been fixed by the W. Court. Whereupon is apostilled: — Burgomasters and Schepens having considered the petitioners' request consent, that they may ask and de mand for a wheaten loaf of eight pounds weight, twenty six stivers; for a rye loaf of equal weight twenty two stivers, and a white loaf of two pounds weight, twelve stivers on condition of baking all the same from pure stuff, as it comes from the mill, according to the Ordinance dated 13. March last enacted and published by the Burgomasters and Schepens of this City. 1663] Court Minutes of New Amsterdam. 225 This day, after the usual ringing of the bell three times are published from the Publick Stand (V Puy *) of this City and renewed the Placards forbidding the tapsters or tavernkeepers to tap any drink or entertain clubs on the Sabbath ; and further to draw any strong drink for the In dians or natives of this country. Tuesday, 24* April 1663. In the City Hall. Present the Heeren Pieter Tonneman, Olof Stevenzen van Cortlant, Marten Cregier, Jacob Strycker, Pieter van Couwenhoven, Jan Vinge. Schout Pieter Tonneman, pltf. v/s Huibert Verschie, deft. Deft, in default. Pltf. demands, that the deft, shall deposit the hundred guilders pursuant to the demand of 3 April last and to be excluded from any proof, as he has remained in default therein according to order dated 3 April aforesaid. Burgomasters and Schepens order deft, to produce his proof on the next Court day on pain of nonsuit. Schout Pieter Tonneman, arrestant and pltf. v/s Lambert Barentsen, arrested and deft. Pltf. demands from deft, twenty one guilders four stivers and in addition the fine incurred for the two arrests violated, re questing that the present arrest be declared valid. Deft, says, he does not know, what the debt arises from, as it was incurred before his time ; then offers to pay on the next Saturday so much as his share of the fishing amounts to. Burgomasters and Schepens order the deft, to pay the Officer each time as much as he can and consent to his going fishing. Jacobus Withart and Jacobus Vis, pltfs. v/s Paulus Heimans, deft. Pltf. demands from deft, two hundred and sixty six guilders eight stivers for advance wares and merchandize, requesting interest of the money. Deft, produces two a/c received hereon from the pltf., each contradicting the other. The W. Court refer the matter in question to Isaack Greve raat, old Schepen of this City, and Hans Steyn, to take up the books and a/cs of parties, to debate the a/cs, also to settle them and to reconcile parties if possible ; if not to report their decision to the Court. * In front of the City Hall was a stand or platform, from which the officer read aloud all publick Acts or Proclamations after having tolled the Bell three times to collect the Citizens around him. These stands are to be met at this day in front of the Churches in the French settlements in Canada. The Public Crier stands on them and communi cates his Notices to the people as they leave the Church. — Tr. VOL. iv.— 15 226 Court Minutes of New Amsterdam. [1663 Weintje Teunis, pltf. v/s Wessel Eversen, deft. Defts. second de fault. Pltf. demands from deft, a boat delivered to him, valued at about one hundred and fifty guilders with the costs incurred and to be incurred herein. The W. Court order the deft, to deposit the hundred and fifty guilders with the Secretary of this City. Joannes Withart, pltf. v/s Carel van Brugge, deft. Defts. 2d default. Pltf. demands from deft, one hundred and thirty nine guilders four stivers arising from a balance of an accepted obligation and promised interest. The W. Court order the deft, to deposit the money with the Secretary of this City. Huybert Hendrickzen, pltf. v/s Francois de Bruyn, deft. Pltfs. wife appearing demands from deft, two hundred guilders in tobacco and one hundred and ninety three guilders in seawant, according to his own a/c. Deft, says, he paid something after the date of the a/c. ; offering to pay the seawant in the last of this or beginning of the next week and the tobacco as soon, as he shall have received it from Virginia, which he expects every day. The W. Court order the deft, to satisfy and pay the pltf. according to rendered a/c. deducting what he has paid on a/c after date. Ferdinandus Mulder, pltf. v/s Isaack de Foreest, deft. Pltf. de mands from deft, half a years wages to the sum of one hundred guilders, saying, that the deft, hired him on six weeks trial and he entered on work the fourth of March until the 19* April following. Deft, says, he told the pltf. to go away before fourteen days, as he had no use of him and re ceived him only on a month's trial. Burgomasters and Schepens having heard parties, decree that deft, shall pay pltf. for the time he served him, deducting what he has paid him thereupon. Adriaan Vincent, pltf. and arrestant v/s Rutgert Jansen, arrested and deft. Deft, in default. Burgomasters and Schepens declare the arrest valid and decree, that the arrestant, finding the arrested here again, shall have to summon him with the bail. Hethan Atkezen, pltf. v/s Jan Kulpeper, deft. Pltf. demands in his masters name from the deft, the quantity of eight hogsheads of tobacco in goods and forty hides attached in the hands of Jacques Cousseau, ex hibiting certain letter from his masters. Deft, says, thejpltf. has not full power to sue him nor to discharge him. Burgomasters and Schepens 1663] Court Minutes of New Amsterdam. 227 decree and order parties on both sides to plead their case in Dutch on the next Court day, also to produce every thing relating to the matter in Dutch, and declare meanwhile the attachment valid. Schout Pieter Tonneman, pltf. v/s Joannes Hooft, deft. Deft, in default. Gerrit Hendrickzen van Harderwyck, pltf. v/s Seletje Arens, deft. Pltf. in default. Hendrick Janzen, smith, pltf. v/s Carel van Brugge, deft. Deft, in default. Jan Gerrizen van Buytenhuyzen, pltf. v/s Tomas Hal, deft. Deft. in default. Anneken la Chair appears in Court and says, that she cannot receive any a/c from Jacobus Vis, pursuant to the order of the W. Court, of what he demands of her, tho' she caused him to be three times sum moned by the Court Messenger, exhibiting the Acte and requests, as she has understood, that Jacobus Vis is trying to sell the mortgage,* he has against her, that the above named Vis shall be ordered to render her due a/c of what he claimed. Burgomasters and Schepens order Jacobus Vis to render an a/c within the time of thrice twenty four hours to Anneken la Chair in due form of what he claims from her. Gysbert Teunissen appearing exhibits a judgment of sequestration against Grietje Cruytdops pronounced by this W. Court on the 3d April last. The W. Court order him to summon Grietje Cruytdops again. On petition of the laborers at the Weigh-scales, wherein they request increase of wages of their labor, it is apostilled: The petitioners request! i is denied. Maria Jonckbloet requests by petition, that the attachment put on her goods by Geertje Stoffels be declared null, as no reason for the at tachment was given nor is the same prosecuted. Apostille : The attach ment is declared invalid, as the party is not summoned nor is the attachment prosecuted. * Salomon la Chair mortgaged, Decbr. 18, 1658, to Jacobus Vis and Pieter Tonne man a house and lot, described as being bounded South by the Waal (a basin surrounded by piles for the safety of ships), and North by the High Str. Book of Mortgages, 1654- 1660, p. 117. It was on the North side of Pearl Str. and extended back to Stone, lying about midway betw. Hanover Square and Coenties Alley. 228 Court Minutes of New Amsterdam. [1663 Extraordinary Meeting on Thursday, the 26* April 1663. In the City Hall. Present the Heeren Olof Stevenzen van Cortlant, Marten Cregier, Jacob Strycker, Jan Vinge, Jacob Kip. Aatton Atkins, pltf. v/s Jan Kulpeper, deft. Pltf. concludes, that the deft, shall be condemned to furnish him free of cost and charges, forthwith, the seven hogsheads of tobacco and the forty six hides shipped to him by M' Fort and to take his hands off the same : further to pay him all costs, damages and interest suffered herein and still to be suffered. Deft, says, the pltf. is not sufficiently empowered to get the goods from him and to release him in this case; and claims from Mf Foort according to a/c presented the sum of eight thousand two hundred and twenty eight pounds of tobacco. Pltf. says, the a/c does not regard him and that it must be settled at Baston, offering bail for what M' Fort justly owes the deft. Burgomasters and Schepens having heard parties pondered over and weighed the papers, vouchers and whatever is material, decree and ad judge, as the deft, acknowledges, that Mr. Jan Foort had shipped him the tobacco and hides in question and cannot prove, that they belong to him, that deft, shall furnish the pltf. the demanded seven hhds of tobacco and forty six hides, provided he, the pltf., furnish him sufficient bail for the claim which M' Foort justly owes deft, and deft, is condemned in the costs incurred and to be incurred in this suit. Burgomaster Olof Stevenzen van Cortlant and Hendrick van de Water demand, in the quality in which they act, execution of the judg ment dated 20* March 1663: obtained against Jacob van Couwenhoven. The Marshall is ordered to put these in execution. Tuesday, first May 1663. In the City Hall. Present the Heeren Pieter Tonneman, Olof Stevenzen van Cortlant, Marten Cregier, Jacob Strycker, Pieter van Couwenhoven, Jan Vinge, Jacob Kip, Jacques Cousseau. Schout Pieter Tonneman, pltf. v/s Joannes Hooft, deft. The Officer concludes in writing, that the deft, shall be condemned to go into close confinement or to prison and there to remain on bread and small beer for the space of or to pay a fine of three hundred guilders, for and be cause he took some strung or loose seawant at Jan Schryvers; moreover he began a quarrel and difficulty with a boy, who refused to take him on 1663] Court Minutes of New Amsterdam. 229 board or to loan him his oars to go on board, striking him : all with costs. Deft, denies having taken the seawan, demanding copy of the written ac cusation ; then does not deny having been fighting. The Officer under takes to prove, that the deft, has taken the seawan and demands his imprisonment ; also Commissaries to hear the witnesses, who have been required to testify to the truth and to affirm their deposition by oath. Burgomasters and Schepens decree by plurality of votes, that the deft. shall be imprisoned and order the Officer to furnish the deft, with copy of the written demand to answer thereunto on the next Court day. Jacobus Vis appearing in Court declares to render himself bail for his nephew Joannes Hooft, to the effect that he, being summoned, shall appear at all times and defend his cause. Mighiel Tades, pltf. v/s Isaack Greveraat, deft. Pltf. exhibits a con tract entered into with deft, for the sale of a house, demanding that the same shall be fulfilled by the deft. Deft, says, he agreed to remove the house to the lot, where Jan Gerrisen van Buytenhuyzen lives ; if he does not do so he should pay 50 gl. Pltf. denies it. Burgomasters and Schepens decree, as the contract which parties have entered into with each other does not stipulate, where the house is to be sett, that the deft. shall have to prove, it was agreed, that the house should stand on the lot, on which Jan Gerrisen van Buytenhuyzen lives. Claas Gangelofzen Visser, pltf. v/s Pieter Janzen, mason, deft. ¦Deft, in default. Pltf. produces a judgment, which he has obtained against the deft, dated 2d Novemb., 1660; for the sum of one hundred and forty five guilders sixteen stivers and says further, that he has more over advanced for the deft, in his sickness one hundred guilders and has attached for that sum, the monies in the hands of Denys Isaacksen, de manding that the same shall be declared valid. Burgomasters and Schepens declare the attachment valid. Tomas Wandel, pltf. v/s Jurrien Janzen van Auweryck, deft. Pltf. demands from deft, two hundred guilders for rent. Deft, says, the time is not expired and that the lease terminates on the last of May of this year. Pltf. says, that deft, went into the house on the first of June and that it ends on the last of April following, and demands attachment on the defts. goods in 'his house. The W! Court order the deft, to prove on the next Court day, that he hired the pltfs. house to the last of 230 Court Minutes of New Amsterdam. [1663 May. Meanwhile the pltf. is allowed to attach the goods of the deft, in his house. Weintje Teunis, pltf. v/s Wessel Eversen, deft. Pltf. demands from deft, a boat loaned to him or for the same the sum of one hundred and fifty guilders. Deft, says, the boat was not worth so much. Burgo masters and Schepens refer the case in question to Lambert Huybertsen Mol and Arien Dircksen to value the boat in question, and Wessel Ever sen is ordered to satisfy and pay the pltf. for it according to the decision of the arbitrators. Pieter Pia, pltf. v/s Pieter Janzen, mason, deft. Deft, in default. Seletje Arens, pltf. v/s Gerrit Hendrickzen van Harderwyck, deft. The deft, requesting by the Court Messenger to be excused from the de fault, as he has taken a purge, such is granted by the Wl Court. Adriaan Vincent, pltf. v/s Jan Rutgerzen, deft. Deft, in default. Annecke La Chair entering says, she has not been able up to the present time to get any a/c from Jacobus Vis ; exhibiting the order of the W! Court dated 24th April last and the notice and return of the Court Messenger; demanding further order on pain of nonsuit. Burgomasters and Schepens order Jacobus Vis to furnish Anneken La Chair within the space of three times four and twenty hours due a/c of what he claims from her on pain of nonsuit. Cornelis Andriesen Hooghlant having married the widow of Jan Perie, who went to Canida and perished there,* appears and demands that he may have the monies arising out of the goods belonging to the said Jan Perie and sold by the Court Messenger, in order that he may pay what claims the creditors have against the estate left by the said Jan Perie. Burgomasters and Schepens grant the petitioners request to lift the money under bail, that the same shall be distributed for the behoof of the interested creditors of Jan Perie. Hatton Atkins requests by petition, that Jan Culpeper shall be ordered, as he has remained in default of obeying the judgment of this W! Court dated 23d April last, to fulfil the judgment dated the 26* afore said pronounced against him and that within the space of twice twenty * Jean Perie, mentioned here, was Captain of the ship, the Jean Baptiste, the first vessel that ever cleared out of the port of New Amsterdam for Quebec. She was wrecked on the Island of Anticosti where, it seems, her Captain perished. — Tr. 1663] Court Minutes of New Amsterdam. 231 four hours, or in default thereof, that he may imprison him. Apostille : On pain of imprisonment Jan Kulpeper is hereby ordered by the W! Court of this City to satisfy and obey within the space of twice twenty four hours after notice hereof the judgment dated 26'!* April last pro nounced by the W. Court aforesaid against him in favor of Hatten Atkins. This day, the 2nd May 1663; appeared before me Joannes Nevius, Secretary, Mattheus de Vos, who said, he is empowered by Jan Culpeper to have signed in his name appeal from the judgment, dated 26 April last, pronounced by this W! Court between Hatten Atkins and the abovenamed Kulpeper, and that before the Rt. Honb!e Director General and Council of N: Netherland. Friday, 4th May 1663; In the City Hall. Present the Heeren Pieter Tonneman, Marten Cregier, Olof Stevenzen van Cortlant, Jacob Strycker, Pieter van Couwenhoven, Jan Vinge, Jacob Kip, Jacques Cousseau. Jasper Abrahamzen', of Amsterdam entering is asked (the interroga tories being read to him), if it be, as he has answered to the interrogatory ? Answers, Yes. Whereupon the accusation of the Officer Tonneman being read to him and being asked, if he had any thing to say against it ? he answers, he has nothing to say against it, praying mercy, not justice. Hendrick Janzen of Atrendurp entering and the interrogatory and his answer thereunto given being read to him, he is asked, if the answer be not as it is read to him ? Thereunto answering, Yes. Thereupon is read to him the accusation of the Officer Tonneman and he is asked, if he have any thing to say against it ? He answers, he has nothing against it, requesting mercy, not justice. Therefore Burgomasters and Schepens of this City adjudge, that Jasper Abrahamsen shall be brought to the place, where criminal justice is usually executed, be bound to a stake and severely flogged, and the Hangman shall make a gash in his left cheek or jaw so that the blood flows; further he shall be banished for the term of five and twenty years from this City's jurisdiction and be condemned in the costs and mises of justice, which the prisoner shall have to pay before being released from confinement. And the above named Hendrick Janzen be brought to the same place, also be bound to a stake, severely scourged and banished for the term of five and twenty years from this City's jurisdiction; further condemned in 232 Court Minuets of New Amsterdam. [1663 the costs and mises of justice; and also he shall not be released from prison before he shall have paid the costs. Which two foregoing judgments are put into execution, according to antient custom, on the fifth of May. Whereas Jasper Abrahamzen, sailmaker of the ship The Purmerland Church, native of Amsterdam, at present in prison has acknowledged without torture or bonds, that he, on the last of April of this year in com pany with Hendrick Jansen, his comrade herein, committed great violence and opposition at Rendel Huit's house in the evening about nine o'clock, coming into the house against the will of the above named Rendel's wife, demanding drink from her, and insisting on having tap, and forcing her to serve up food ; although she said she had neither tapping nor drink in the house yet insisted on drink, and not being able to get any, went to the cupboard, or eating closet, cutting off food against the will and pleasure of the above named woman ; witnessing which force she went out to George Wolsy's for help, where she found Herry Bresar's daughter, who accompanied her, as she dared not return alone to the house and having finally got the prisoners out the house, not without great trouble, the latter went from thence to Joris Wolsy's house, where also committing hostility, force and violence, forcing into the house against the will and consent of the above named Joris, demanding drink; further after they could not get any such and being shoved out the house with his comrade by Joris Wolsy and two other persons, they went to Carel van Brugh' s house, where they committed no less violence, demanding drink from him and though he said, he did not tap, nor had any drink, disregarded that and will have it per force; moreover besides committing violence there, he, Jaspar Abrahams, after he was put out the house and had torn a piece out the above named Carel van Brugges Innocent (f), when being shoved out; the aforesaid Carel van Brugge afterwards perceiving that loss and looking for it, opened the door inasmuch as he knew not, whether it lay within or outside the house, therefore opening the door which the prisoner seeing, he with violence, though efforts were made to prevent him, gave him a cut on his jaw or cheek, so that the blood could with difficulty be stopped: all which grave faults and cowardly actions cannot and ought not be tolerated in a well ordered place, such as this is, where justice is administered, but be punished as an example to others. 1663] Court Minutes of New Amsterdam. 233 Therefore the Court of this City, administering justice in the name and behalf of the High and Mighty Lords States General of the United Netherlands, the Honb!e Lords Directors of the Priviledged West India Company and the Honb.le Director General and Council of New Nether land, condemn the above named Jasper Abramsen, as they hereby do, for his perpetrated villanies and threats, to be conveyed to the place where justice is usually executed and there be well fastened to a stake, severely scourged, a gash made in his left cheek or jaw, and he be banished out this City's jurisdiction for five and twenty years; further in the costs and mises of justice, which he shall have to pay before he be liberated. Thus done and adjudged in the Court of the W! Burgo masters and Schepens of the City Amsterdam in N : Netherland the 4* May 1663. Marten Cregier O Stevensen v Cortlant Jacob Strycker Pieter V. Couwenhoven J. Vinge Jacob. Kip — Cousseau * Whereas Hendrick Janzen, cooper of the ship The Purmerland Church, born at Atrendurp in the Haten District near Hamburg, at present a prisoner, has acknowledged, without torture or bonds, that he committed with Jaspar Abrahamzen, his associate herein, great violence, force and hostility at Rendel Huits house, — demanded from, forced and threatened yea, with a naked knife, the aforesaid Rendel Huit's wife, who was alone in the house, that she should give them to eat and to drink, notwithstanding she gave for answer, that she had not any such nor tapped, wherewith not being content they went to the cupboard and cut food for themselves against the aforesaid woman's will and consent, and after having eaten enough there, they proceeded to Joris Wolsy's house, where great force and hostility were also used, forcing themselves into the house against the abovenamed Joris will and consent, demanding drink, so that the abovenamed Joris Wolsy and with him Ely Douty f and * For Facsimiles of the Signatures of these Functionaries see p. 235. t Elias Doughty was a son of Rev. Francis Doughty and Magistrate of Flushing. His sister Mary was the wife of Adriaen van der Donck, the first historian of New Netherland, after whose death she married Hugh O'Neale of Maryland. 234 Court Minutes of New Amsterdam. [1663 Ritzert Cornewel* had enough to do to put him and his associate herein out of the house, after which they went to Carel van Brugge's, where they committed the same force and violence, demanding drink from the above named Carel and though Carel van Brugge said, he did not tap and kept no taphouse and that they should go away, they disregarded this, and continued their violence in a manner indecent to be mentioned, so that the abovenamed Carel van Brugge assisted by the aforesaid Ely Douty and Ritzert Cornewel had enough to do, before they could get him and his associate out of the house, not without tearing a flap or fall of his unmen tionables, which they removed in the shoving out of his body ; moreover, the aforesaid villanies were perpetrated by the aforesaid Hendrick Jansen at divers other times — to wit the great insolence now recently at D° Drisius' house, where he abused the same and other honorable and respectable persons with foul and bad words unfit to be named ; assaulted on the same day in the public street one Huybert Verschie in presence of divers honest people; moreover still lately with his chief mate, whom he illtreated, abused near the Weighscales and threatened him with a knife, if the mate had not escaped as well as he could: all which ought not and cannot be tolerated or allowed in a well regulated place and city such as this is, where justice is administered, but must be corrected and punished as an example to other violent and disorderly persons, so that this City and place may be purged of all such: Therefore the Court of this City, ad ministering justice in the name and on behalf of the High and Mighty Lords States General of the United Netherlands, the Honb!° Lords Directors of the Privileged West India Company and the Honble Director General and Council of New Netherland, decree as they hereby do, that the abovenamed Hendrick Jansen, for his committed violence, hostility and villanies shall be taken to the place, where criminal justice is usually executed and be there fastened to a stake, severely scourged and banished for the term of five and twenty years out of this City's jurisdiction and further in the costs and mises of justice, which the prisoner shall pay before he is released. Thus done and adjudged at the Court of the Honb!e Burgomasters and Schepens of the City Amsterdam in N. Nether land the 4 May. 1663. * Richard Cornell was a resident of Little Neck, L. I., afterwards of Rockaway, where he died in 1693. See for his family, Bolton, Hist, of Westchester Co., ii., 252. 1663] Court Minutes of New Amsterdam. 235 Saturday 5 May 1663. In the City Hall. Present the Heeren Pieter Tonneman, Marten Cregier, Olof Stevenzen van Cortlant, Jacob Strycker, Pieter van Couwenhoven, Jan Vinge, Jacob Kip, Jacques Cousseau. This day the two preceding sentences are executed and the prisoners received their deserved punishment, although Carel van Brugges wife and Mighiel Muyden, the skipper of the Purmerland Church, requested, that the said sentences should not be carried out or at least [should be executed] within a room. Jan Hendrickzen van Gunst appearing declares to become bail for his son Jan Smedes in regard to the action, which the Officer Tonneman is about to institute against him and that his son aforesaid, at whatever time he shall be summoned, will appear before this W! Court in this case and defend himself. Tuesday the 8'." May 1663. In the City Hall. Present the Heeren Pieter Tonneman, Marten Cregier, Olof Stevenzen van Cortlant, Jacob 236 Court Minutes of New Amsterdam. [1663 Strycker, Pieter van Couwenhoven, Jan Vinge, Jacob Kip, Jacques Cousseau. Schout Pieter Tonneman, pltf. v/s Jan Schryvers wife, deft. Pltf. demands, that deft, shall on pain of imprisonment declare upon oath, that she lost no sewant nor still misses it. Deft, says, she misses not nor has lost any money. Pltf. demands, that she shall affirm it on oath. Whereupon deft, says, she is a woman and takes no oath. Pltf. demands, that Cornelis Gerlofzen shall be brought, who appearing declares that deft, told her, that she lost money, but the day after, that she was under a mistake, when she said, she lost money as she had found it again. The Officer requests before it be definitively disposed of, that he may have two Commissaries, to investigate the matter further. The W. Court granted the Officers request. Tymotheus Gabrie, pltf. v/s Allard Anthony, deft. Pltf., as attor ney of Daniel Gabry exhibits an extract from the minutes dated 24 Janu ary 1662; wherein deft, is ordered to furnish Daniel Gabry's att'y within 8 days time with a/c. , proof and reliqua of the administration of the goods of his constituant, which he had; and whereas the deft, has remained to the present time in default, he, the pltf., therefore demands, that deft. shall be ordered through the Court Messenger so to do, on pain of certain fine or imprisonment. Burgomasters and Schepens having seen the ex tract find, that the deft, is not properly notified thereof. They therefore order the pltf. to cause such to be properly done and excuse deft, from default as he is sick. Pieter Janzen Noorman, pltf. v/s Joris Dopzen, deft. Deft, in de fault. Pltf. says he is a foreigner and is about to depart; as he cannot come to any settlement with deft, he requests an order to settle together. Burgomasters and Schepens order Joris Dopzen to settle with Pieter Janzen Noorman without delay, as he is about to depart and is a foreigner. Mighiel Tades, pltf. v/s Isaack Greveraat, deft. Pltf. says, that he caused the acte of the last Court day to be served on deft, and he gave for answer, that he should summon him again. Deft, pursuant to the order of the last Court day produces a declaration whereby he proves, that he bought the house in question on condition, that the same should be removed to his lot, on which Jan Gerrissen van Buytenhuysen resides and if he did not do so, he should forfeit fifty guilders. Pltf. says, it is 1663] Court Minutes of New Amsterdam. 237 not so, but that the deft, should give the fifty guilders in case he should not remove the house, but saying, if deft, will confirm his statement on oath he is content, on payment of damages. Deft, offers to affirm his assertion upon oath, and accordingly took the same at the hands of the Officer. Whereas Isaack Greveraat has declared under oath at the hands of the Officer, that it was verbally agreed between him and Mighiel Tades that the house should be placed on the lot occupied by Jan Gerrisen van Buytenhuysen, since the contract between them both did not express any such thing, Burgomasters and Schepens decree, that Mighiel Tades shall retain the house, provided Isaack Greveraat shall pay him according to contract the fifty guilders and replace the house as it stood, before enter ing into the contract. Cornelis Steenwyck, pltf. v/s M' Potifar, deft. Pltf. demands from deft, twenty tubs of tobacco and nine hides shipped with him by Jan Deinder and to him consigned. Deft, admits having received the tubs, then says the bark has been wrecked at the South Bay. Jacob Janzen, one of the defts. seamen, appearing says, that the bark was lost, but that there were eighteen hogsheads of tobacco and nine hides saved which were put on board Jan de Caper's yacht. Deft, says, he must pay half for salvage and that he also had tobacco there. Pltf. demands, that the eighteen hhds of tobacco and nine hides shall be delivered to him, as the whole cargo was consigned to him, proving it by letter thereof received, and offers to pay the salvage, freight, monthly wages etc. as the Court shall adjudge the same and that out of the goods saved. Burgomasters and Schepens decree, that the eighteen hogsheads of tobacco and nine hides shall be delivered to Cornelis Steenwyck, provided he free the skipper from all claims, which Pieter Aldrickx and others may make on him in the case, as far as the cargo reaches, and return to him from that saved as much tobacco, as he had in proportion on board the bark. Adriaen Vincent, arrestant and pltf. v/s Rutgert Janzen, arrested and deft. Deft, in default. Adriaan Vincent, pltf. v/s Jan Rutgersen, deft. Pltf. demands from deft, as bail and principal for his son Rutgert Jansen the eighty guilders ¦ in tobacco @ six stivers the pound for a barge with its furniture, pursuant to obligatory contract. Deft, says, the boat is sold again to Tielman van . Vleeck, and is still unpaid for. The W. Court condemn the deft, as 238 Court Minutes of New Amsterdam. [1663 bail for his aforesaid son to pay the pltf. the eighty guilders in tobacco according to the aforesaid contract. Jan Rutgerzen, arrestant and pltf. v/s Tielman van Vleeck, arrested and deft. Pltf. demands from deft, fifty seven guilders fifteen stivers for a boat and fifty two or three guilders for a canoe. Deft, states in writing, that the case is entered before the Court of the Town of Bergen and must be there disposed of; requesting to be discharged from arrest. The W. Court dismiss the pltfs. suit and discharge the deft, from the arrest as the case is prosecuted before the Bench of the Town of Bergen. Joannes van der Meulen, pltf. v/s Pietertje Jans, deft. Deft, in de fault. On the petition presented him from Pietertje Jans, serves as Apostille: The W! Court decree, that the petition cannot avail, as it was presented already and has again been withdrawn. Merritje Jacobs, arrestant and pltf. v/s Styntje Lauwerens, arrested and deft. Deft, in default. Mattheus de Vos as chosen guardian of the pltf. demands benefit of default and that the attachment be declared valid. The W. Court declare the arrest valid and the pltf. is allowed the benefit of the default. Willem Cornelizen, Paulus Janzen, and Herman Wernaarzen, pltfs. v/s Schipper Isaack Gerrisen Schaap, deft. Pltf. demands from the deft, their monthy wages, as he discharged them. Deft, says, he has not discharged them, but reprimanded them, as they neglected their work and went sitting drinking; exhibiting the contract made with them. Bur gomasters and Schepens order Willem Cornelizen, Paulus Jansen, and Herman Wernaar to return immediately on board their ship and perform their duty according to contract exhibited on pain of imprisonment. Schout Pieter Tonneman, pltf. v/s Joannes Withart, deft. Deft, in default. The H' Schout Pieter Tonneman, pltf. v/s Annetje, de Goyer's wife, deft. Deft, in default. Tymotheus Gabry, pltf. v/s Gerrit Hendrickzen van Harderwyck, deft. Deft, in default. Engeltje Mans, pltf. v/s Hendrick Asuerus, deft. Deft, in default. Jurrien Blanck, pltf. v/s Eghbert Benninck, deft. Deft, in default. Marten Janzen, pltf. v/s Jan Ariaanzen, ship carpenter, deft. Deft. in default. 1663] Court Minutes of New Amsterdam. 239 Joris Dopzen, pltf. v/s Pieter Janzen Noorman, deft. Pltf. in de fault. Ferdinandus Mulder, pltf. v/s Isaack de Foreest, deft. Pltf. in de fault. The judgment of the W. Court, which the pltf. obtained against the deft, on the 24* April last, produced by the Court Messenger and the notice given thereon being read to the deft., he says the pltf. must deliver him the a/c he has against him, offering then to pay him, claim ing damages for his boat, which the pltf. allowed to drift away. Freryck Gysbersen, pltf. v/s Hendrick Arensen Spaniard and Symon Ydes, defts. Deft. Spaniard in default. Burgomasters and Schepens order pltf. to take out an Acte of what the arbitrators Jacques Cousseau and Jacobus Backer have done in the case and exhibit the same to the Court here. Seletje Arens and Gerrit Hendrickzen van Harderwyck's son appear in Court, the aforesaid Gerrit Hendrick's son producing an a/c, which he has against Selitje Arens, which a/c being read to the abovenamed Seletje, she denies having received some items; the W! Court therefore refers the matter in question to Abraham Clock and Hendrick Hendrick sen Obe to take up the a/c of parties on both sides, to hear and examine parties, to decide the case and reconcile parties if possible, if not to report their decision to the Court. Weintje Teunis appearing exhibits the award of the arbitrators in the case in question regarding a boat. Wissel Eversen's wife states in writing, that neither she nor hers have been heard and the case is dis posed of in her absence; she also has an action regarding a canoe to bring in against it; requesting before the matter be determined, that she or her's may be also heard by the aforesaid arbitrators. Burgo masters and Schepens refer the case in question de Novo to Lambert Huybersen Moll and Arien Dircksen to hear parties on both sides, to ex amine and decide the case and to reconcile parties if possible ; if not to report their opinion to the Court. Cataryna Boots, wife of Stoffel van Laar, appearing says, she has at tached Walter Salters money in the hands of Eghbert Meinders on account of a claim, which she has against the aforesaid Walter for eleven skepels of wheat and some tobacco; requesting that the attachment be declared valid and she allowed to take up the monies under bail. Burgo- 240 Court Minutes of New Amsterdam. [1663 masters and Schepens order Catarina Boots to exhibit the a/c of her claim on the next Court day and to sue Eghbert Meindersen. Appears before Us, the undersigned Schepens of the City Amster dam in N. Netherland, Sieur Joannes de Peister, old Schepen of said City, who declares to become bail as principal for the payment of the action and claim set forth by M' Johan Kulpeper against M' Jan Foort, merchant at Boston in N : England and that renouncing the benefit ordinis et excussionis, he admits the effects thereof and pursuant to the judgment pronounced by this Worshipful Court dated 26. April last, between Hat- ton Atkins and the abovenamed Kulpeper, promising, in case it be found after due settlement between the abovenamed Fort and Kulpeper, that any thing be due to him Culpeper and the aforementioned Foort remains in default to pay it, the same to satisfy and pay under penalty according to law. In Witness has the Comparant subscribed this with Schepens Jacob Strycker and Jacob Kip. Jacob Strycker Johannes de Peyster Jacob Kip To my Knowledge, Joannes Nevius, Secy. Extraordinary Meeting holden on Thursday being 17th May 1663. In the City Hall. Present the Heeren Pieter Tonneman, Marten Cregier, Olof Stevensen van Cortlant, Jacob Strycker, Jan Vinge, Jacob Kip, Jacques Cousseau. Pieter Aldrickx, pltf. v/s Cornelis Steenwyck, deft. Pltf. concludes for the payment of the just half of the goods saved out of the wrecked bark named Xing Charles, belonging to Jan Dinley and consigned to Cornelis Steenwyck, deft., herein according to agreement entered into with Herry Potifar, skipper of the aforesaid bark, producing the same with a declaration of the aforesaid Potifar. Deft, concludes for the nullity of the agreement, whereas the skipper was forced to make such an agreement with Pieter Aldrickx and had no disposal over it, since it was consigned to him ; requesting arbitrators, is willing to submit to their ad judication. Herry Potifar being sent for about this, appears; declares, that the agreement he had made with Aldrickx occurred at the wrecked bark without any constraint, and that Aldrickx said he could not do any thing, unless he should receive the just half as he did not know if 1663] Court Minutes of New Amsterdam. 241 the saved goods would pay the expences, and that he was under the ne cessity to agree with Aldrickx, or that all was lost, as one hogshead of tobacco was found about one half gone before they made any agreement with each other, saying further, had he wished to study his own advan tage and not that of his master, he could have sold the tobacco in the South River and not have brought it here. Burgomasters and Schepens having heard parties on both sides, pondered over and weighed all the papers, document and vouchers produced, condemn the deft, to fulfil the contents of the contract, which Herry Potifar entered into with the pltf. and parties on both sides are condemned each to defray his own costs of this suit. Gysbert Op Dyck appearing requests execution of the judgment dated 13 March last against Paulus Heimans. Apostille: The Marshal is ordered to put these in execution. Hatton Atkins requests by petition immediate imprisonment of Jan Culpeper, to which the Officer of this City be authorized, inasmuch as he can not obtain any full effect from the judgment dated 26 April last. Apostille: Fiat imprisonment; and the Officer is hereunto authorized to put the same in due execution. Tuesday, 22d May 1663: In the City Hall. Present the Heeren Pieter Tonneman, Marten Cregier, Olof Stevensen van Cortlant, Jacob Strycker, Jan Vinge, Jacob Kip, Jacques Cousseau. Schout Pieter Tonneman, pltf. v/s Jan Smedingh, deft. Pltf. con cludes, that deft, shall be condemned to go to prison and there to remain on bread and water for the term of one month or to redeem the same with a sum of one hundred guilders with the costs herein incurred and still to be incurred for that he, the deft., took away bricks from the Strand and removed them to his house, which did not belong to him. Deft, says, he is innocent of having so done, as they were not in a heap, but lay scat tered around and that he saw Tomas, the Carmans, boys also there pick ing up bricks — Claims therefore, that he cannot be fined. Burgomasters and Schepens condemn the deft, in a fine of twenty five guilders with costs, as he picked up and carried home bricks, which did not belong to him. Schepen Jacob Kip and Hendrick Kip, the Elder, pltfs. v/s Paulus VOL. IV. — 16 242 Court Minutes of New Amsterdam. [1663 Heimans,* deft. Deft, in default. Pltf. Hendrick Kip concludes by virtue of a mortgage, dated 12 March 1657, that deft, shall be condemned to pay him the sum of five hundred and forty one guilders pursuant to a/c delivered 30. November, 1662, for capital and accrued interest to this date — together the sum of five hundred and sixty one guilders eighteen stivers and further, interest to the full and effectual payment, and that the attachment on the monies in the hands of the Secretary Nevius, in quality as Vendu Master, for the house and lot, whereon he had the oldest mortgage, be provisionally declared valid and he be preferred before all other creditors, demanding costs in case of suit; pltf. Jacob Kip demand ing for himself in particular the sum of one hundred and ten guilders fifteen stivers sew', pursuant to account and acceptance delivered, and found on his deceased wife, being a balance for beer: demanding in like manner attachment on the monies with the aforesaid Nevius and that the same be declared valid with benefit of default. The W! Court declares the attachment valid. Tymotheus Gabry, pltf. v/s Pieter Aldrickx, deft. Deft, in default. Pltf. demands benefit of default and that he may arrest the deft., which is granted. Claas Gangelofzen Visser and Pieter Jacobzen Marius, as curators of the insolvent estate left by Nicolaas Velthuyzen, pltfs. v/s Mattheus de Vos, Marshal, deft. Pltfs. in quality as afores? demand from deft, a/c, roof and reliqua within the space of four and twenty hours, of the money arisen from the goods sold belonging to the abovenamed Velthuyzen. Deft, says he promised under signature by order of the Burgomasters to * Paulus Heymans of Leyden was a gunner in the service of the West India Com pany. In 1646 he obtained a lot southwest of the fort (State Str. and Pearl) and was ap pointed Overseer of Negroes. He resigned this office in 1656 and in 1657 was enrolled in the list of Small Burghers. In March of the last-mentioned year he mortgaged the house and lot where he resided in the City, together with his land about the negroes quarters, beyond the Fresh Water, to Hendrick Hendricksen Kip. The negroes quarters here referred to were on the West side of the Bowery betw. Canal Str. and Astor place. Hoffman's Estates and Rights, 2 : 191, Diagram No. 6. In a subsequent mortgage (1658) the above house and lot are described as being " in front of Fort Amsterdam on the Water side." Mortgages, 1654-1660, pp. 55, 94. Heymans was first married Feb. 12, 1645, in New Amsterdam to Tryntie Barents, widow, from Rotterdam, who dying he m. 2aily Claesje Philips, Dec. 9, 1662. 1663] Court Minutes of New Amsterdam. 243 satisfy and pay Tomas Wandel' s claim for rent, which he has ag'st the estate of Velthuyzen and demands that they be obliged to release him from Tomas Wandel, if he pay out the money to them. The Wf Court order deft, to furnish pltfs. in their quality within thrice twenty fours with a/c, proof and reliqua of the monies demanded. Claas Gangelofzen Visser and Pieter Jacobzen Marius, as curators of the insolvent estate left by Nicolaas Velthuyzen, pltfs. v/s Freryck Flipzen, deft. Pltfs. in quality as aforesaid demand from deft, three hundred and twelve guilders had and received from one Orseltje by Pieter Rudolfus decd, former husband of the deft's wife, for land in the Flat- bush. Deft, says, his wife informed him, that the sum was fifteen guilders short. Pltfs. say, that Orseltje told them, she must pay twenty four stivers, which the money came short. The W. Court order the deft. to pay to the curators, pltfs. herein, the three hundred and twelve guilders, unless it be proved by the aforesaid Pieter Rudolfus books, that the money fell short fifteen guilders. Claas Gangelofzen Visser, pltf. v/s Pieter Janzen, mason, deft. Defts 2d default. Pltf. demands from deft, two hundred and forty guilders, saying he has attached his money brought here into consign ment by Denys Isaackzen. Burgomasters and Schepens order deft, to bring the monies in consignment of this City. Joannes van der Meulen, pltf. v/s Pietertje Jans, deft. Defts. 2d de fault. Pltf. demands in virtue of a mortgage fourteen hundred and fifty two guilders four stivers from the deft., Holland currency, demanding execution in default of payment. The W! Court order deft, to bring the monies into consignment of this City. Jurrien Blanck, pltf. v/s Eghbert Beninck, deft. Pltf. demands from deft, one hundred and seventy guilders in sewant for rent. Deft. says, the small house is not habitable. Burgomasters and Schepens refer the matter in question to Hans Stein and Adolf Pietersen to examine parties question and if possible reconcile them, if not to make a report of their award to the Court. Isaack Bedloo, pltf. v/s Tomas Wandel, deft. Deft, in default. Pltf. says, he has attached in defts. hands two hogsheads of tobacco be longing to James Meessen, requesting that the attachment be declared valid. 244 Court Minutes of New Amsterdam. [1663 Hendrick Arenzen Spaniard, pltf. v/s Pieter Aldricx, deft. Pltf. demands from deft, one hundred guilders for fishing up his boat in the South bay. Deft, admits having promised one hundred guilders, but says he was under necessity. Whereas parties have on both sides left the case to Burgomasters and Schepens in the quality of moderators and not as judges, Burgomasters and Schepens decree, that the deft, shall pay pltf. for salvage of the boat sixty guilders in sewant, with which parties are satisfied. Jacob Janzen Sam, pltf. v/s Walewyn van der Veen, deft. Deft, in default. Pltf. exhibits a judgment, dated 5 Sept', 1662, against the deft. and whereas it appears by the judgment, that Schepen Jacques Cousseau was pltf. against the deft., Mr. Cosseau, rising declares, that he placed it in Jacob Janzen Sam's hands as Vendu Master being for the goods, sold for one Matthys Ganderheide, from which the debt arose. The W. Court decree, that deft, shall be duly notified of the judgment. Jacob Jansen Sam, pltf. v/s Claas van Elslant the Elder, deft. Deft, in default. Pltf. demands from deft, one hundred and seventy four guilders, three stivers saying, he has judgment from a balance of which the debt arises, which being exhibited to the Court twas found to be after settlement with each other. The W. Court therefore decree, that the deft, shall be again summoned, granting pltf. the profit of default. Jacob Janzen Sam, pltf. v/s Leentje Dircksen Servaas, deft. Deft. in default. Hendrick Jansen, smith, pltf. v/s Gysbert Frericksen, deft. Deft. in default Tymotheus Gabry appearing states, that he has received the a/c de manded from Allard Anthony, but without day or date ; requests, there fore, two referees to take up, examine and settle the same in presence of one of the Court. Burgomasters and Schepens having considered the request, commission hereunto Cornelis Steenwyck and Joannes van Brugh, both old Schepens and now Orphan Masters of this City, to settle the a/c in presence of parties if possible; if not to render a report of their finding to the Court. Mighiel Tades, pltf. v/s Isaack Greveraat, deft. Deft, in default. Isaack Bedloo, co-curator of the estate left by Andries van Buyten huyzen, entering with Jan Gerrisen van Buytenhuysen, requests to be dis- 1663] Court Minutes of New Amsterdam. 245 charged from his curatorship and to know to whom he is to account. Whereupon he was told, to this Court at the next Court day. John Culpeper requests by petition, that the bail bond executed by Joannes de Peister, old Schepen of this City, for Hatten Atkins may be cleansed from doubt and time fixed therein for the settlement of the ac counts here in this City between M' Foort and the petitioner and the petitioner is informed when he shall arrive at his presumed right. Order: — Whereas the bail bond mentioned herein is conformable to the rendered judgment the Burgomasters and Schepens therefore decree that the same shall stand good; then whereas the petitioner requests, that the doubt in the bail bond may be cleared up, in regard that neither time nor place is fixed therein, where the settlement shall be made, Burgomasters and Schepens decide that the same shall be at Boston in N : England or at the place, at which M' Foort and the petitioner shall first meet. Jan Lauwrens appearing says, he has attached the monies of Teunis Slingerland in the hands of Antony de Milt for a claim according to ob ligation dated 26. Septemb' 1661. requesting, that the attachment be declared valid. The W. Court declare the attachment valid. The curators of the estate left by Sicx van der Stighelen appearing state, that Cornelis van Ruyven has requested of them to credit the debt of D° Drisius' wife to the Companys a/c, being five and twenty beavers, which D* Drisius' wife owes to the estate of Six van der Stighelen, which they dare not assume on themselves without the knowledge and approval of the Court, and if the same be allowed by the Court, they shall let them do it. They request further as Lodowyck de Roy is here and is in debted to the estate, that they may be allowed to speak to him about the debt and to arrest him in default of payment. Burgomasters and Schepens grant the curators their request. The prisoner Jan Arenzen entering is asked, where he got the money and beavers, which the Deaconry found in his chest ? To which he an swers, his son, called Arent, sent him one beaver, and his two daughters, both named Aaltje, sent him two and a half, and he earned the seawant with the boat whereof Maat Zeuw (the Zealander) claims the half, but does not know how much, as Maat Zeuw and he went shares in the pro visions and have not settled with each other ; and of what remains after settlement Maat Zeuw shall have half thereof. Is further asked, if he 246 Court Minutes of New Amsterdam. [1663 have not some money out at interest in the Esopus ? Thereunto answers, No, but gave his sister seventy to eighty guilders, on which he has re ceived eight skepels of wheat. Burgomasters and Schepens decide, that the matter concerns the Consistory of this City, therefore refer the same to them and discharge Jan Arensen provisionally from the imprisonment. Anneken Kox delivers in Court a writing, both a/c and other matters regarding the case in question with Pieter Jansen, mason. The Court decree, that Anneken Kox and Pieter Jansen, mason, have to summon each other regarding their suit. This day Burgomaster Olof Stevensen van Cortlant lifted for Lucas Dircksen the monies brought in deposit to this City Hall by Denis Isaack- sen on date. Copy.Petrus Stuyvesant on behalf of the High and Mighty Lords States General of the United Netherlands and the Rt Honbie the Lords Directors of the Priviledged West India Company, Chamber of Amsterdam, Director General of N: Netherland, Curacao, Bonaire, Aruba, and the dependencies thereof, together with the Honb!e Councillors. To the Court Messenger Claes van Elslant hereunto required Health ! Whereas Jan Culpeper has by petition represented to Us, that he finds himself seriously aggrieved by a certain order of the W! Court of this City, dated 22nd inst., issued in the case in question between him, the petit', and one Hatton Atkins for reasons more fully set forth in the copy of the petition hereunto annexed, requesting our interposition, Therefore we order you to summon the aforesaid Hatton Atkins to appear or send an attorney before Us here in Fort Amsterdam on Monday being the 28* instant, to answer such demand and conclusion, as the aforesaid Jan Culpeper shall present and make against him on the day aforesaid, notify ing also those of the Court aforesaid to appear on the day aforesaid (if it please them) or to send an attorney to witness the confirmation or altera tion by Us of said Order, leaving copy for the behoof of parties, making return to Us of your proceeding. Done Fort Amsterdam in N: Nether land, 24* May 1663. Was signed, P. Stuyvesant. Lower Stood, By Order of the same, Signed, C. V. Ruyven, Secret1; On one side stands the seal of N. Netherland. 1663] Court Minutes of New Amsterdam. 247 Tuesday, 29 May 1663; In the City Hall. Present the Heeren Pieter Tonneman, Marten Cregier, Olof Stevenzen van Cortlant, Jacob Strycker, Pieter van Couwenhoven, Jacob Kip. The Rt Honble Petrus Stuyvesant appearing states, that Lodowyck de Roy is recommended to him; therefore he has to inform the Court of what the abovenamed de Roy's father has written to him regarding the case between said de Roy and the curators of the estate left by Six van der Stighelen decd also of Joannes de Wit, to whom the aforesaid de Roy gave a bill of exchange for monies received, which has been paid in Holland; offering himself with Jeronimus Ebbingh as security for the truth thereof. Joannes de Wit, pltf. v/s Lodowyck de Roy, deft. Pltf. says, the deft, gave him a bill of exchange on Holland for seven hundred guilders and that no more than five hundred guilders have been paid thereon. The General says, he is to get an acknowlegment from the pltfs. wife, that the same has been paid. Whereupon pltf. says, he did not know that. The General requests, that notice be given that Joannes de Wit has assumed the action, which the curators of Six van der Stighelen may have against Lodowyck de Roy and brought the same to the credit of said de Roy, as the same was satisfied and paid in Holland by said de Roy. The curators of the estate of Six van der Stighelen, pltfs. v/s Lodo wyck de Roy, deft. Pltfs. demand from deft, three hundred and sixty nine guilders in sewant reduced to one hundred and seventy two guilders in beavers. Deft, says, it is charged against him by Joannes de Witt and paid in Holland. Tymotheus Gabry entering is informed, that the curators of Six van der Stighelen demand Commissioners, to whom to render a/c of the ad ministration of the aforesaid estate, and that they give notice, that there is still in his hands a certain sum remaining. Burgomasters and Schepens therefore order the aforesaid Gabry to settle with the curators aforesaid. Willem de Marschalck, pltf. v/s Grietje Steenwyck, deft. Pltf. de mands in writing reparation of character, good name and fame, inasmuch as he was belied by the deft, to the effect, that he had made dishonorable proposals to her to satisfy his carnal lusts with her, which she has stated 248 Court Minutes of New Amsterdam. [1663 to several and therefore finding himself affronted demands, that the deft. shall ask his pardon saying she belied him, to make amends honor ably and profitably according to custom of law, with costs of this suit. Deft.'s husband appearing for her demands, that the pltf. shall prove his statement and asks also honorable and profitable reparation for his wife's honor. The Officer enters himself as guardian of the adverse party. Burgomasters and Schepens order pltf. to prove his statement. Willem Cornelizen Constapel (gunner), pltf. v/s Skipper Isaack Ger rizen Schaap, deft. Pltf. demands his money from the deft., as he discharged him. Deft, says, he has reason therefor, inasmuch as he neglected his work and went ashore to drink. Burgomasters and Schepens decree, as the contract, which pltf. entered into with deft, mentions, that the monthly wages must be paid in Holland, where the ship sailed from and the deft, for cause will not have pltf. any more in the ship, that the deft, shall give pltf. proper settlement in order to obtain his money in Holland. Cornelis Janzen, woodsawyer, pltf. v/s Jan Schoute, deft. Pltf. de mands from deft, the timber according to contract for the six hundred feet of plank sawed for him. Deft, admits having received the six hun dred feet of plank ; says the timber is ready and that it needs being hauled out; further, that he must have sixteen guilders from the pltf. and as soon as these are paid he shall deliver the timber. Burgomasters and Schepens order deft, to deliver the timber according to contract on the Strand, and order the pltf. to deposit the sixteen guilders on consignment with this City. Tymotheus Gabry, arrestant and pltf. v/s Pieter Aldricks, arrested and deft. Pltf. demands his pay from three hogsheads of tobacco be longing to Gerrit van Sweringen, which were brought under defts. name ; in order that he may obtain his arrears amounting per balance to the sum of two hundred and fifty three guilders thirteen stivers besides interest and costs. Deft, admits having had the hhds. in the store here, but says he bought them from Gerrit van Sweringen and paid for them, exhibiting proof thereof. Pltf. produces counter proof, that the deft, brought the tobacco here for van Sweringen to trade for him. The Court decreed, inasmuch as the tobacco in question was not attached by the pltf. and the deft, exhibits a writing, by which he proves that he paid for the tobacco 1663] Court Minutes of New Amsterdam. 249 to Gerrit van Sweringen, that the pltf. cannot institute any action of claim against the deft, herein ; they, therefore, discharge his entered de mand made against the deft, herein and release the deft, from the arrest. Tymotheus Gabry, pltf. v/s Otte Gerrits, deft. Pltf. demands from the deft, as per a/c. one hundred and eighty seven guilders eighteen stivers and six pence. Deft, says, the pltf. did not bring in so much against him in his first a/c Pltf. says he omitted one item. Burgo masters and Schepens refer the matter in question to Isaack Greveraat, old Schepen of this City, and Pieter Jacobsen Marius to take up the a/c of parties, to examine the same, to question parties and if possible to reconcile them ; if not to report their conclusion to the Court. Stoffel van Laar, pltf. v/s Eghbert Meindersen, deft. Pltfs. wife appearing produces pursuant to the Court's order of 8th May last, the a/c, which she has against Walter Salter, an Englishman, by which there is due her a balance of eleven skepels of wheat and fourteen pounds of butter; and whereas the deft, has some monies of Walter Salters in hand, which she has attached and prosecutes, demands she may lift the same. Deft, admits having some money in his hands belonging to the aforesaid Salter; then says he does not know how much, as he has not settled with him and as there is something due him by Hendrick Jansen Spiers and the pltf. must pay the abovenamed Spiers a sum of money for the house, bought of him, demands that the attachment on the money be declared valid and that the one shall offset the other; producing, further, an a/c against the pltf. Pltf. says regarding the money on the house,* she is not bound to pay it before it is due in May A° 1664 and as for the a/c, which he has against her she has an a/c against it. Burgomasters and Schepens order parties on both sides to settle with each other, and allow the pltf. to lift the monies belonging to Walter Salter under bond de restituendo, if such were hereafter found proper and dismiss the attach ment against Hendrick Jansen Spiers' money, as the time of payment is not expired until May A° 1664. Pieter Jacobzen Marius, pltf. v/s Tomas Hal, deft. Pltf. demands as per a/c from deft, two hundred and sixty two guilders eight stivers in * The house purchased by van Laar, who was a shoemaker, from Spiers, was situate on the West side of the present Broad Street, about 75 feet north of Stone Street. It formed part originally of the estate of Johannes van Hardenberg. — O'C. 250 Court Minutes of New Amsterdam. [1663 tobacco and beavers and one hundred and fifty five guilders fourteen stivers in sewant. Deft, demands a/c and copy of the demand. The W. Court order copy of the demand and the a/c to be furnished to party to answer thereunto at the next Court day. Jacob Kip and Hendrick Kip, Senior, pltfs. v/s Paulus Heimans, deft. Defts. 2d default. Pltfs. demand benefit of the 2d default, which is allowed them by the W. Court. Mighiel Tades, pltf. v/s Isaack Greveraat, deft. Defts. 2d default. Ordered that he be summoned a third time. Joris Dopzen, pltf. v/s Sara Pergo, deft. Whereas pltf. appears drunk before the Judges, nothing is done in the case and the complaint is laid aside. Mighiel Tades requests by petition, that Walewyn van der Veen shall be ordered to exchange within the time of twice four and twenty hours the demanded authenticated copies relating to the suit between them both depending in Court ; he is on the other hand ready on his side to deliver over to the above named van der Veen the demanded copies; and on refusal the petitioner requests, that justice be done in his exhibits. Apostille : Petition granted and Walewyn van der Veen shall be furnished with an order hereon. Walewyn van der Veen is hereby ordered and required by the W : Court of this City to furnish Mighiel Tades within twice twenty four hours the required authenticated copies, relating to the suit which he has depending before this Court with Mighiel Tades or through default and neglect justice shall be done on the papers, which Mighiel Tades shall produce. Done etc. Adriaen Vincent's wife appearing demands execution of the judg ment, which she has obtained against Jan Rutgersen, May 8 of this year. The Marshal is ordered to put these in execution. Joannes van der Meulen appearing demands execution of the judg ment, which he obtained on the 22d of this month against Pietertje Jans. The Marshal is ordered to execute these. Pieter Nys, as attorney of Paulus Blyenbergh, appears in Court say ing, that he has in that quality attached the monies of Jan Cnoulits in Jan Hendricks Steelman's hands, requesting that the same be declared valid; also an attachment made on the tobacco in Thomas the Irishman's bark belonging to Samuel Etsal and that for claims which he has in said quality 1663] Court Minutes of New Amsterdam. 251 against the abovenamed persons. Burgomasters and Schepens declare the attachment provisionally valid. Pietertje Jans, widow of Claas Jansen Ruyter, appearing demands, that disposition be made of her petition handed in regarding her being released from her husband's estate, as this is short, and the estate there fore insolvent and that curators may be appointed by the Court to regu late it. Burgomasters and Schepens inform her, that nothing can be done in the case, as she waited too long. This day 30* May 1663 appears before me, Joannes Nevius, Secre tary etc., Tymotheus Gabry declaring, he appeals before the Rt. Honb!e Director General and Council of N. Netherland from the judgment pro nounced on the 29'!1 instant by the W| Court of this City in the suit between him and Pieter Aldricx. This day, the 2nd June 1663 appeared before me, Joannes Nevius, Secretary, the Marshal Mattheus de Vos and Joannes van der Meulen stating, that they were with the President, who sent them to me to write on the judgment, which the abovenamed van der Meulen has against Pietertje Jans an acte authorizing the sale within fourteen days of her house and lot by execution and accordingly I entered on the above judg ment: The Marshal is authorized and ordered to affix notice for the sale of the house and lot of Pietertje Jans, widow of Claas Jansen Ruyter, by execution within 14 days. Done as above. By order. Tuesday, 5 June 1663: In the City Hall. Present the Heeren Pieter Tonneman, Marten Cregier, Olof Stevenzen van Cortlant, Jacob Strycker, Pieter van Couwenhoven, Jan Vigne, Jacob Kip. Schepen Jacob Kip and Hendrick Kip, Senior, pltfs. v/s Paulus Heimans, deft. Schepen Jacob Kip demands from deft, payment of the sum of one hundred and ten guilders fifteen stivers according to a/c and for his father, Hendrick Kip, five hundred and sixty guilders eighteen stivers by virtue of a mortgage and a/c rendered. Deft, says, what he has paid thereon must be deducted and a reduction made for light money. Burgomasters and Schepens having heard parties and examined the a/cs, previous to disposing of the matter, refer the a/c regarding the interest, to Joannes de Peister, old Schepen of this City, and Daniel van Donck, to take up the a/cs, to hear parties on the interest and to settle the matter 252 Court Minutes of New Amsterdam. [1663 if possible; if not, to report their opinion to the Court; ordering the deft. to satisfy and pay Jacob Kip, for his part, the hundred and ten guilders fifteen stivers. Schepen Jacques Cousseau, pltf. v/s Walewyn van der Veen, deft. Pltf. produces a judgment, which he obtained on the 5* Sept. against the deft, and which he also notified by the Court Messenger. Deft, says, as the judgment purports, that the pltf. may protest in default of payment, which it appears he has not done, that he shall have to institute his action anew, which doing he demands copy of the demand ; he will then answer thereunto, holding himself to the law of exchange according to the laws and customs of Holland. Pltf. exhibits a letter, dated the 8th Decemb!' 1662, from Welter Pelser, whereby he directs the further prosecution of the case and to oblige the deft, to pay. Burgomasters and Schepens having heard parties on both sides, weighed their arguments and attended to all that is material, condemn the deft, to satisfy and pay the accepted bill of exchange without delay. Tymotheus Gabry, pltf. v/s Allard Anthony, deft. Pltf. states, that he received from deft, two a/cs., but that they are not made out in due form, and that he notified the deft, by the Court Messenger to give further explanation of his Nota Bene adjoined to his a/c. Deft, says, he answered the notice. Burgomasters and Schepens again refer the case to Cornelis Steenwyck and Joannes van Brugh, both old Schepens and now Orphan Masters of this City, who are authorized to take up the a/cs, being put in proper form of debit and credit, to hear parties, examine the case and to reconcile them if possible, if not to report their award to the Court. Mighiel Tades, pltf. v/s Isaack Greveraat, deft. Pltf. exhibits a judgment, dated 8th May last pronounced by this Worsh: Court, between him and the deft, and the return to the notice thereof, demanding that the deft, shall obey the judgment. Deft, says, the house is in the same condition as it was before the contract and can prove it by the carpenters. The W: Court decree, that parties on both sides shall each choose an arbitrator who, in presence of Schepen Pieter van Couwenhoven, shall take up the case and reconcile parties; persisting further in the judgment rendered on the 8* May aforesd. Sara Pieters, pltf. v/s Lauwerens vander Spygel, deft. Pltf. says, deft, has hired her house for two hundred guilders in seawant the first 1663] Court Minutes of New Amsterdam. 253 year, and for as much the second year on condition, that the seawant shall include seven beavers, promising therefor to cover the roof with tiles and to deliver a free lot. Deft, admits having hired the house on such conditions, but says the promises were not performed, whereby he suf fered great damage, demanding indemnification therefor. Burgomasters and Schepens refer the case in question to Paulus Leendersen van der Grift, old Burgomaster and now Treasurer of this City, and Claas Bord- ing, who are authorized and requested to make ocular inspection, to hear parties, to decide the case and if possible to reconcile parties, if not to report their award to the Court. Joris Dopzen, pltf. v/s Sara Pergo, deft. Pltf. 's wife appearing states, that she has in hand tobacco of Edert Peick, which she is ordered to deliver to Dirck Jansen of Oldenburgh, and that Dirck Jansen is to pay her the sum of one hundred and one guilder ten stivers, which the aforesaid Edert owes her. Deft, has attached said tobacco and that on a claim, which she has against the abovementioned Edert Peick for the sum of seventeen guilders fourteen stivers; therefore durst not deliver the tobacco without the knowledge of the Court. Deft, says, she has proof of the debt and prosecutes the attachment. Burgomasters and Schepens decree, that the pltf. shall deliver the tobacco to Dirck Jansen of Oldenburgh, and that Dirck Jansen shall retain so much of the tobacco, as amounts to seventeen guilders fourteen stivers, declaring the attach ment valid. Luda Meyers appearing says, that her husband brought with him an anker of brandy for his own use, which he has tapped on the road and offered payment of the Burghers excise on the balance; he ordered his man to remain with the liquor until he brought an officer and that it ap pears that the servant was unwilling to remain any longer, as his master had delayed ; he took the anker on his shoulder to carry it home, being ignorant of the custom of this place, which as he ought not to have done, the Farmer took it away and carried it to his house requesting to have the anker back or that it be attached in her house, offering to give bail for it. Burgomasters undertake to see the Farmer about it. Claas Gangelofzen Visser appearing requests execution of the judg ment, which he obtained on 22 May last against Pieter Jansen, mason. The Marshal is ordered to execute these. 254 Court Minutes of New Amsterdam. [1663 The President states, that he gave the Marshal authority to seize the house of Pietertje Jans, widow of Claas Jansen Ruyter, to sell it within fourteen days by execution ; communicating the same now to the Court, so as to learn if there be any opposition to it. The Court decided that there is no objection. The following belongs to the next Court day : Joannes Nevius, as Vendu Master of the estate left by Raghel van Tienhoven decd states, that there are many, who purchased goods of the aforesaid estate, from whom he cannot receive payment according to the conditions and propositions; demands therefore, that he may enforce the payment through the Marshal, by execution. Burgomasters and Schepens find the matter just; order therefore the Marshal to give the Vendu Master a helping hand and to constrain those in default to pay at their cost, by means either of taking a pledge out of their house or by the most proper means he may find. Done, Amsterdam in N. Netherland the 12 June 1663. This day, 6th of June 1663. Appears before me, Joannes Nevius, Secretary, Walewyn van der Veen, stating that he appeals to the Honb.le Director General and Council of N. Netherland from the judgment pro nounced by this W: Court between him and Schepen Jacques Cousseau, dated 5* instant. Tuesday, 12 June 1663: In the City Hall. Present the Heeren Pieter Tonneman, Marten Cregier, Olof Stevenzen van Cortlant, Jacob Strycker, Jan Vinge, Jacob Kip. The Officer Pieter Tonneman, pltf. v/s Andries Joghimzen, deft. Pltf. says, that he saw people sitting at the deft.'s at night between ten and eleven; and whereas according to placard no person can tap after nine o'clock, he entered them for the fine: and that defts. wife called out yes terday after him saying; Schout, I have something to say to thee; hast thou any soul or conscience ? dost thou expect to go to heaven ? And more such like words ; so that if he were as willing as she, there would have been a street uproar. Deft, denies having tapped after nine o'clock saying they sat together conversing with each other, among other things of the sale of houses, and that he did not illtreat the Officer, except call ing out to him saying, Mynheer, I must say something to thee and spoke 1663] Court Minutes of New Amsterdam. 255 of conscience; then re-entering and being further heard says, he re marked, Thou hast a conscience, which is not worth much or which is somewhat large; then afterwards said; Methinks thou hast no good con science or what is not worth much. Whereas the deft, has gone home, nothing is done in the case except the reprimand, which the Court gave him. Hendrick Hendrickzen Obe, pltf. v/s Grietje Cruytdop, deft. Pltf. says, he has attached monies belonging to defts. husband in the hands of one Jan Denman for a claim, which he has against Barent Cruytdop according to a/c for the sum of eighty three guilders four stivers; request ing that the same be declared valid. Deft, says, she does not know, how much is due, producing also an a/c appearing due of fifty nine guilders six stivers. The W. Court order parties on both sides to settle with each other, and the attachment was declared valid for as much as the deft. shall be found indebted to the pltf. Cornelis Steenwyck, pltf. v/s Colonel Goldricks, deft. Pltf. de mands from deft, as testamentary executor of Samuel Prins the quantity of six thousand pounds of tobacco and two thousand pounds of hides ac cording to obligation, deducting what is paid thereon. The deft, admits the debt in his quality, exhibiting a writing wherein he is ordered to pay the debt of tobacco in the Virginias and says also, he has brought the aforesaid Samuel Prins' tobacco and vessel with him, exhibiting said Samuel Prins' last will, principally purporting to satisfy and pay the aforesaid tobacco to Mr. Steenwyck. Pltf. demands, that the tobacco and vessel be sold in order to obtain his debt. Deft, says, he has no objection; then requests that the sloop be valued by four impartial per sons. The defts. request being considered by the W. Court, they authorize and qualify Paulus Leendertsen van der Grift, old Burgomaster and now Treasurer of this City, Claas Gangelofzen Visser, Jan Hackings and Tomas Wandel, to appraise Samuel Prins' bark or sloop, after which and the computation of what the estate can realise the deft, is ordered to satisfy and pay pltf. according to obligation deducting, what has been paid thereupon. Willem de Marschalck, pltf. v/s Grietje Steenwyck, deft. Pltf. pro duces an extract from the Register of Minutes of the Rt Honble Direct? General and Council of N. Netherland, dated 28* May last, wherewith 256 Court Minutes of New Amsterdam. [1663, he will prove his statement pursuant to the order of this W: Court. The defts. husband appearing for her says, the proof is not conformable to the order of the Court aforesaid and requests again that deft. (pltf. ?) shall be ordered to prove the main allegation. Pltf. replies, the proof is suffi cient as far as his proposition goes. Burgomasters and Schepens order the pltf. again, to prove that the deft, has said, that he had made dis honorable proposals to her, to commit carnal lust with her. Hans Stein, pltf. and arrestant, v/s Jan Denman, arrested and deft. Pltfs. wife appearing demands from deft, about one hundred and forty guilders, for so much, that he has accepted to pay for Barent Cruytdop. Deft, admits to be indebted according to a/c one hundred and forty guilders three stivers, which he promises to pay as soon, as he shall have obtained deed and conveyance of his plantation from Barent Cruytdop. The W. Court order deft, to bring the hundred and forty guilders three styvers in deposit of this City declaring the arrest meanwhile valid, order ing Grietje Cruytdop to give due conveyance and deed to Jan Denman of the plantation, which her husband sold him. Bartholdus Maan, pltf. v/s Jan Hendrickzen van Baal, deft. Pltf. says, he gave deft, a tub with beads to sell for him and that the deft, sent him back a portion loose. Deft, says, he gave the pltf. payment for as many, as he had sold, or information where he could get his pay; and as for what he could not sell, he sent them back. Burgomasters and Schepens refer the case in question to Isaac Greveraat, old Schepen of this City, and Gerrit van Tright, to hear parties, to examine the case and decide it ; to reconcile parties if possible ; if not to report their award to the Court. Otto Gerrits, pltf. v/s Paulus Heimans, deft. Pltf. demands from deft, one hundred and eighty seven guilders, two stivers, according to a/c. exhibited in Court. The a/c being read to the deft., he says, he has objections, and inasmuch as he was summoned after sundown, he could not bring his proofs with him. Burgomasters and Schepens order deft. to produce his proof on the next Court day. Freryck Flipzen, pltf. v/s Jacob van Couwenhoven, deft. Pltf. ex hibits a judgment, mortgage and settlement against deft, demanding in virtue thereof, that defts. brewing materials, hypothecated to his prede cessor and subsequently to him, may be sold by execution to obtain his 1663] Court Minutes of New Amsterdam. 257 pay therefrom. Deft, says, he has nothing to object to the a/c, judg ment and mortgage, but that some silverware is in pltfs. hands as a pledge, and he has allowed his dwelling house, brewery and its contents to be seized for sale on the 2d July next. Pltf. says, he is content, on condition of getting the first money. Burgomasters and Schepens decree, as the deft, has already given the dwelling house, brewery and its con tents to have them sold and to satisfy the creditors therefrom, that the pltf. shall wait, saving his action in case of preference or concurrence. Tomas Wandel, pltf. v/s Jurrien Janzen van Auweryck, deft. Deft. in default. Hendrick Willemzen, baker, pltf. v/s Wernaar Wessels, deft. Deft. in default. Jan Joosten, pltf. v/s Eghbert Benninck, deft. Deft, in default. Joris Dopzen, pltf. v/s Jan Ariaansen, ship carpenter, deft. Both in default. The sailors of the sloop named Samuel, whereof Tomas Goldrickx is master, request by petition their earned monthly wages from the aforesaid Tomas, as he will not willingly pay. Burgomasters and Schepens having considered the petitioners request find the same just; therefore order Tomas Goldrickx to satisfy and pay the petitioners their monthly wages. Freryck Gysberzen requests execution of the judgment, dated 22d. August 1662, against Jacobus Vis. The Marshal is ordered to execute these. Govert Loockerman cum sociis exhibits by letter from the Court of Breuckelen, that he has obtained judgment on 16* May 1663 against Paulus van de Beecq ; * also notice rendered thereon, together with letter requisitory to put said judgment in execution. Burgomasters and Schepens having considered the Lettre requisitoire of the Court of Breuck elen to execute the judgment pronounced by said Court on May 16 last against Paulus van de Beecq, order the Marshal of this City to enforce and duly to execute the same. The curators of the estate of Six van der Stighelen appearing state that they are ready to give an a/c of their administration of said estate requesting that it may take place next Friday or Saturday. Burgomasters and Schepens having considered the request commission Jacob Strycker * This man lived at Gowanus. — Tr. VOL. IV.— 17 258 Court Minutes of New Amsterdam. [1663 and Jacob Kip from their Board to meet on next Saturday being the 16th of June and to take up the a/cs which the curators of the estate left by Sicx van der Stighelen have made out and to approve, what is just therein. Mighiel Tades states by petition, that he furnished Walewyn van der Veen, through the Court Messenger Pieter Schaafbanck, with the papers to be used in the suit against him and in return demanded from him three papers, of which he delivered over only two, notifying him by the Court Messenger Schaafbanck and the Court Messenger Claas van Elslandt to whom the petitioner referred him, to be heard by your W. thereon, that they were three copies of letters of Walewyn van der Veen, which he demanded and which he had promised to deliver, and has not done; demands therefore that van der Veen shall de novo, be ordered to communicate the requested paper to the petitioner within 24 hours, as the aforementioned paper serves greatly to the justification of his inten tion; on pain of deprivation of the exceptions declinatoir, delatoir and peremtoir and that he petitioner shall have power to deliver in his intendit and that justice shall be done thereon. Apostille: Fiat ut petitur, and an order hereunto shall be communicated to Walewyn van der Veen. Walewyn van der Veen is hereby ordered and charged by the W. Burgo masters and Schepens of this City to furnish Mighiel Tades within twice twenty four hours with authentic copy of the third letter which the abovenamed Mighiel Tades demanded from him, on pain, should he fail therein, of being deprived of the exceptions declinatoir, delatoir and per- emptoir, and that judgment shall be pronounced on the papers to be de livered in by Mighiel Tades. Tuesday, 19 June 1663; In the City Hall. Present the Heeren Pieter Tonneman, Martin Cregier, Olof Stevenzen van Cortlandt, Jacob Strycker, Pieter van Couwenhoven, Jan Vinge, Jacob Kip. Schout Pieter Tonneman, pltf. v/s Hendrick Janzen, smith, deft. Pltf. concludes, that the deft, shall be condemned in a fine of ten guilders for that he found at his house unstamped mutsies * half mutsies and pints and brought the same to the City Hall, exhibiting them and de mands that the same be confiscated to the public warehouse.! Defts. * A quartern. f That is, " brought to the public store and sold." — Tr. 1663] Court Minutes of New Amsterdam. 259 wife entering says, she had no beer cans but what are stamped and she got some mutjes and half mutjes from Holland and intends to send some old tinware, pints, mutjes and half mutjes, to Holland to obtain others for them. The W. Court condemn deft, to pay to the Officer the demanded ten guilders and order her to have the unstamped cans marked or rendered useless. The Schout Pieter Tonneman, pltf. v/s Tryn Claas, deft. Pltf. con cludes, that the deft, shall be condemned in a double fine as he weighed with and loaned out unstamped weights. Deft, says, he sold only five @ six pounds of butter and loaned the weights; requests that he may take them back; this is granted. Joannes van Brugh, arrestant and pltf. v/s Claas Pieterzen Cos, arrested and deft. Pltf. demands from deft, three hundred guilders in beavers according to obligation, dated 14 May 1652, requesting that the attachment be declared valid, until deft, shall give sufficient bail for the payment. Deft, requests time until the Fair of Amsterdam. The W. Court order deft, to satisfy and pay the pltf. according to obligation and declare meanwhile the attachment valid, unless bail be given for the payment. Isaack Greveraat, arrestant and pltf. v/s Cristiaan Pieters, arrested and deft. Defts. wife appearing for him says, her husband cannot come as he is on public service and requests time until the Fair. The W. Court grant pltf. the benefit of default and order deft, to appear in person on the next Court day. Hendrick Willemzen, baker, pltf. v/s Wernaar Wessels, deft. Defts. 2d default. Pltf. demands from deft, one hundred and twenty five guilders for rent, half beavers and half seawant, according to decision of arbitrators chosen on both sides and approved by them, producing the award, and says he received eighty guilders in seawan thereon. The W: Court order deft, to bring the balance of the money in consignment to the City. Daniel van Donck, pltf. v/s Dauid Joghimzen, deft. Pltf. demands from deft, according to a/c payment of a balance to the amount of two hundred and thirty five guilders in seawant and that within twice twenty four hours. Deft, says, that half the three ankers of anise, which he brings in a/c against him concerns Tomas Jansen Mingael as they bought 260 Court Minutes of New Amsterdam. [1663 it together in company. The W. Court order deft, to prove, that the pltf. knew, the sold and purchased wines belonged to him and Tomas Jansen Mingael in company. Tomas Wandel, pltf. v/s Jurrien Janzen van Auweryck, deft. Defts. 2nd default. Pltf. demands from deft, two hundred guilders in sewant for rent. The W. Court order deft, to bring the monies in consignment of this City. Schout Pieter Tonneman, pltf. v/s Lucas Andriesen, deft. Deft, in default. Isaack Bedloo, pltf. v/s Tomas Wandel, deft. Pltf. in default. Joris Dopzen, pltf. v/s Jan Ariansen, ship carpenter, deft. Deft, in default. On petition of the beer tapsters, wherein they request that they may sell the Vaen (2 quarts) of beer for sixteen stivers, was apostilled: — Peti tioners are permitted and allowed to demand and receive for the Vaen of beer, fourteen stivers and no more. Cornelis Steenwyck and Jan Hackins, pltfs. v/s Willem Tomasen and Willem Cogel, defts. Pltfs. say they have attached the bark of Jeems Mills, named The Supply, by virtue of a debt according to mort gage for about the sum of nine thousand guilders. Defts. demand, that pltfs. shall prove, it is Jeems Mills bark and that Mills may appear in person, as he has various papers by him, by which he could defend his case. Pltfs. demand to act against one and not against three. Willem Tomassen therefore declares, that he empowers Robbert Willemsen to defend his case, which is allowed. Jeems Mills entering is informed, that his bark is attached by the pltfs., whereupon he answers, that he sold the bark last year. Robbert Willems, as attorney of Willem Tomas sen, says, that when the attachment was made on the bark, it did not be long to Jeems Mills, as he conveyed it to Willem Tomassen. Pltfs. say, such cannot be proved. Robbert Willemsen exhibits a writing, whereby he will prove that the bark does not belong to Jeems Mills, but that he conveyed it to the deft. Tomassen; which writing being shewn to the pltfs. they say, it is an underhand letter and not executed before the Sec retary or Notary; also there is no place stated, where it was written. Robbert Willemsen being asked, where the letter was written, answers he does not know. Further being told that is strange as he has himself 1663] Court Minutes of New Amsterdam. 261 signed it as witness, he signed it at sea, on shipboard, but the letter had been previously written on shore by Mills himself. Jeems Mills appear ing and being asked, where the letters were drawn up, answers, in the Virginias in the Bay. Further asked, if the same were signed immedi ately by the witnesses ? Answers Yes. Then declares that the sale of the bark is executed before the Secretary and the letter is to serve provision ally as proof, that the bark does not belong to him. Balthazar de Haart in quality as interpreter entering states in the name of the defts., that they undertake to prove, the writing and conveyance were executed before the Secretary in Virginia. Burgomasters and Schepens having heard parties' arguments, seen the writings, examined the case, order Robbert Willemsen, as attorney of Willem Tomassen, to prove that Jeems Mills has neither part nor share in the bark in question, but has given them due conveyance thereof; declaring the attachment on the bark valid. Parties appearing and the judgment being read to them, the pltfs. re quest, that the bark in question may lie at the defts. expence, as they have not been prepared with their proof, and that until they shall have furnished proof, that the said bark was conveyed to them in due form. Robbert Willemsen, as attorney of Willem Tomassen, requests as well for himself as for the abovenamed Tomassen, that they may discharge their tobacco and loading from the bark, which the W: Court allowed, the goods of Jeems Mills excepted. Cornelis Steenwyck appearing demands, that Jeems Mills' chest and goods be removed from the bark, named The Supply, and brought to this City Hall; further that the rudder and sail of said bark be taken ashore and kept in security together with copies of the produced papers. Bur gomasters and Schepens grant Cornelis Steenwycks request. Jacob Strycker and Jacob Kip, as Commissioners of the W. Court of this City, to take up the a/cs of the estate left by Sicx van der Stighelen and the papers thereunto belonging, represent that when they met yester day for that purpose, they understood from the curators, that they claim their commission of five per cent to be from the whole estate as well from receipt, disbursements as from outstanding debts; and inasmuch as such they durst not admit without the knowledge and advice of the Court, they therefore request their opinion and advice. Burgomasters and Schepens having understood and considered the proposition, decree that the cura- 262 Court Minutes of New Amsterdam. [r663 tors shall derive full commission from the receipts and half from the out standing debts. Anneke La Chair requests by petition, as she cannot come to any settlement of a/cs with Jacob Vis, that the W. Court will please to ap point two arbitrators, before whom Jacob Vis shall be ordered to appear at such time and place as the Commissioners shall appoint, to take up the a/cs with her, the petitioner, in presence of one from the Bench added to the arbitrators. Apostille: — Burgomasters and Schepens appoint as arbitrators Sieur Jacobus Backer, old Schepen of this City, and Sieur Joannes de Witt, who are authorized to take up the a/cs in presence of the H' Pieter van Couwenhoven and order Jacob Vis to appear with his papers and a/cs on such day and place as shall be fixed by arbitrators for the settlement of a/cs and claim, which he has with the petitioner, on pain of twenty five guilders for the first time and as much more for the second. Claartje Stein and Hendrick Hendrickzen Obe appearing, Claartje requests, that she may attach the monies, which Jan Denman is ordered to bring in consignment to this City. Is asked, by what right she de mands it ? Thereupon answers, that Jan Denman hath promised to pay Styntje Lauwerens, whose attorney she is. Hendrick Obe exhibits the a/c between him and Barent Cruytdop, at the foot of which his wife stated, that she requests, the same may be admitted and says, that Jan Denman has accepted to pay him for Cruytdop. Burgomasters and Schepens decree, that Hendrick Hendricksen Obe may keep his money on the claim against Barent Cruytdop and obtain the balance, when the conveyance of the plantation shall be made. Stoffel van Laar's wife appearing exhibits the order and judgment of the Court dated 27'.11 May last against Eghbert Meindersen, saying she cannot obtain any money from Eghbert Meindersen and that he brings her back a new a/c of 5 gl. in beavers ; requests to have the whole sum ; if not let him give twelve guilders to the poor; I shall release him. The W. Court order her to summon him, that he may be heard with her. The President states, Joannes van der Meulen has complained to him, that Pietertje Jans, widow of Claas Jansen Ruyter, sorely upbraided him in front of Isaack Bedlo's house, after she knocked at his door and found him not at home ; and that his son Marten hearing of it told him, that going by the door of Jan Dircksen Schilder (the painter), she came 1663] Court Minutes of New Amsterdam. 263 out of the house and addressing him asked, Is your father at home ? with villainous words further bursting forth, and said — Ye despoilers, ye blood suckers! and more such words — ye have not sold, but given away mine house — And as this is a thing, which cannot be tolerated, demands that the Officer be charged to seriously reprimand her and to enter such fine as shall be proposed by the Officer in the Courts name as defender of the law. Whereas thou Pietertje Jans hast presumed shamefully to attack honourable people with foul, villainous, injurious, Yea infamous words; also insulting, defaming, affronting and reproaching the W. Court of this City publicly on the Highway, to avenge the loss, which thou has caused thyself in regard that thy house and lot were sold by the Marshal on an execution in default of payment, and thou couldst not make up near half the price, which you offered and it cost, — which blasphemy insult, affront and reproach cannot be tolerated or suffered to be done to a private individual more especially to the Court aforesaid, but must in the highest degree be reprimanded and then to be particularly corrected and severely punished as criminal ; Therefore, the Court hereby interdict and forbid you to indulge in any such blasphemies for the future or by neglect, the Judges shall hereafter provide for it. Allard Anthony produces on the last Court day some papers and documents containing the judgment of the Rt. Honble Director General and Council of N. Netherland in the suit, which he as attorney of Daniel du Piere, has obtained in a case of appeal against Anthony Clasen More; and also among the rest acte of consent to receive the monies of said de More from the Vendue Master Cornelis van Ruyven ; requesting also in like manner to lift from the hands of the Marshal the proceeds of the wines belonging to the abovementioned More and sold by auction the 23d August 1659, for the sum of one hundred and sixty guilders in beavers. The petition being this day considered by the W Court they consent, that Allard Anthony may lift said proceeds under security de restituendo, on payment of costs accrued on the sale such as the Vendu Master's and Marshal's fees. Done, Amsterdam in N. Netherland. Ady as above. The Secretary Joannes Nevius states, that the curators of the insol vent estate of Tomas Jansen Mingael have requested him to propose to the W: Court, that they may receive the deed of the house and lot, which belonged to Jan Rutgersen Moreau sold by execution and bought thereat 264 Court Minutes of New Amsterdam. [1663 by Tomas Jansen aforesaid. Burgomasters and Schepens order the abovenamed Secretary Nevius to write a deed of the same. Joris Dopzen's wife entering says, he has offered to Dirck Jansen the tobacco spun for Edert Peick to be handed to Dirck Jansen by order of the aforesaid Edert for which she should have received her pay on the said Edert's a/c; that he refused to receive the same, therefore requests that she may sell it to get her debt from it. Burgomasters and Schepens decree that the tobacco be sold by the Marshal, and that the proceeds be brought in consignment of this City. Tuesday, 26'.11 June 1663. In the City Hall. Present the Heeren Pieter Tonneman, Olof Stevensen van Cortlant, Jacob Strycker, Pieter van Couwenhoven, Jan Vinge, Jacob Kip. Officer Pieter Tonneman, pltf. v/s Andries Rees, deft. Pltf. con cludes in writing, whereas he with his Deputy went into deft.'s house on Sunday last upon hearing noise and found there eight @ ten persons playing at ninepins and two at backgammon and as many as fifteen @ sixteen persons either bowling or drinking, in direct violation of the ordinances and placards of the R' Honb!e Director General and Council of New Netherland, recently renewed by the Court of this City from the Public Stand of this City Hall, that the deft, shall be condemned in a fine of ninety guilders and forbidden to tap for a year and six weeks or to follow the business of tapping; with costs. Deft, admits having tapped on Sunday; then says, it was full two hours after the afternoon's preach ing and he did no business during the week; also some could not get an opportunity to go drinking during the week and that they took some balls in hand, who would finish their game ; maintaining as he had no custom through the week, especially from those, who had not an opportunity, he was at liberty to tap on Sunday after the preaching. The Officer replying persists in his conclusion, especially in the matter of playing. The W: Court decree, as the deft, tapped two hours after the sermon, not to fine him; they dismiss therefore the Officers entered demand and conclusion taken herein. The Officer Pieter Tonneman, pltf. v/s Andries Joghimzen, deft. The Officer concludes in writing, that deft, shall be condemned in a fine of twenty five guilders for having sold drink by the pot, found to be too 1663] Court Minutes of New Amsterdam. 265 small and brought away by the Officer, defrauding the public and wrong ing them intentionally; further and in addition, in a fine of fifty four guilders for having there found on Sunday, being the 17* instant, seven @ eight persons bowling and two others sitting ticktacking or playing backgammon, in direct violation of the frequently enacted placards and ordinances of the Rt Honb!e Director General and Council of N : Nether land and now recently renewed by the Court of this City from the Public Stand of this City Hall and moreover affixed and placarded; all with costs. Deft, says, he has not tapped with the pots seized nor made any use of them, admitting that he tapped, but that such was done after the preaching at the Bouwery was over. The Court condemn the deft, in a fine of ten guilders for having tapped with unstamped and under sized cans and decree, that no tavernkeeper can have in his house any other pots than those of full size and stamped; they dismiss the Heer Officer's further demand. Officer Pieter Tonneman, pltf. v/s Mighiel Tades, deft. The Officer concludes, that the deft, shall be condemned in a fine of ten guilders for having tapped with unstamped cans wronging the Inspector Jan Jellisen, who is benefited by the stamp; further in a fine of twenty five guilders for having tapped his beer with the unstamped and under sized cans, wronging the commonalty ; all with costs. Deft, says, he did not use the tin cans, as they had no cover. The W. Court decree, that no tavernkeeper can have any cans in his house, which are not gauged and stamped ; condemn therefore the deft, in a penalty of ten guilders. The Officer Pieter Tonneman, pltf. v/s Lysbet Auckers, deft. The Offi cer says, that deft, has presumed to sell and tap with unstamped whole and half mutsjes and with a beer can, found to be under size, thereby abusing and affronting Jan Jelissen and the bystanders, saying she will not let them stamp any more, than she pleases and also to be no more obliged to use, than what she daily makes use of; he, the Officer, concludes there fore, that the deft, shall be condemned for her stiffneckedness, unmarked measures and under size can, in a fine of twenty five guilders with costs, on condition of allowing the unstamped cans, mutjes and half mutjes in her house to be marked, on a fine thereunto affixed. Deft, says the can belongs to Paulus Heimans and that he placed it in her house, and that she locked up the unstamped mutsjes, with which she has not tapped. 266 Court Minutes of New Amsterdam. [1663 Burgomasters and Schepens order the deft, to prove that the seized can belongs to Paulus Heimans and that she has no other than stamped meas ures in her house or to make them unserviceable. The Officer Pieter Tonneman, pltf. v/s Tryn Claas, deft. The Officer persisting in his entered demand and conclusion against the deft. on the last Court day, exhibits the weight, with which the deft, has weighed, saying that she had it stamped by the third or fourth hand. Deft, denies it and says she bought no butter for a long time, also bor rowed the weight. The Court dismiss the Officer's suit. Balthazar de Haart, pltf. v/s Ritzert Airy, deft. Deft. sick. Pltf. says, he has attached the bark belonging to Jan Ellis, of which the deft. is skipper for and on a/c of a debt due him by Nataniel Bats to the sum of two hundred and twenty seven guilders according to obligation pay able in beavers @ eight guilders each or in tobacco @ four stivers the pound, for which the abovenamed Ellis has become responsible according to the tenor of the aforesaid obligation and requests that the attachment shall be declared valid. Burgomasters and Schepens declare the attach ment valid. M? Holinghwoort, pltf. v/s Joris Dopzen, deft. Pltf., as attorney of Tomas Leuven, demands from the deft, thirteen pounds stg. and fifteen shillings according to obligation. Deft, admits the debt ; then says, he is not sure, but it is paid inasmuch as he has given orders for the payment of all his debts at Boston, requesting to write there. Pltf. replying says, he spoke to the person to whom the deft, had given orders, who stated to him, that he had no property of Joris Dopzen in his hands. Burgo masters and Schepens order Joris Dopzen to satisfy and pay the pltf. in the quality, in which he acts, according to obligation, on condition that the pltf. shall enter sufficient bail, that the debt being paid at Boston shall be repaid here. Otte Gerrits, pltf. v/s Joris Dopzen and Roelof Janzen van Mep- pelen, defts. Pltf. says, that the defts. have brought in two quarters of veal without a permit; demanding the same according to ordinances and a double fine in addition. Defts. admit having brought in the quarters; then say, that he informed Roeloff Jansen, deft, herein, of it, who also admits it. Eghbert Meinderzen, pltf. v/s Stoffel van Laar, deft. Pltf. produces 1663] Court Minutes of New Amsterdam. 267 an a/c ag'st the deft. Deft, on the a/c of the pltf. being read to him, denies some items; produces an offset a/c. Burgomasters and Schepens refer the matter in question to Hendrick Jansen van der Vin, old Schepen of this City and Bartholdus Maan to take up the a/cs of parties, to examine them, to reconcile parties if possible; if not to report their award to the Court. Joris Dopzen, pltf. v/s Jan Ariaanzen, ship carpenter, deft. Defts. second default. Pltf. exhibits an assignment, drawn by Arien Symon on the deft, in favour of Claas van Elslant or bearer for the sum of twenty guilders, accepted by the deft. The W. Court order the deft, to deposit the money. Freryck Flipzen, pltf. v/s Cornelis Aarzen, deft. Deft, in default. Willem Tomzen delivers in Court a mortgage of the bark or sloop in question with Cornelis Steenwyck and Jan Hackins, whereby Jeems Mills pledged the bark to M.' Lovingh, wishing thereby to prove, that Jeems Mills had no property in the bark. Cornelis Steenwyck entering and having communication of the mortgage and having read it, says that the sale of the bark annuls the mortgage, especially as the time of payment of the debt, for which the bark is hypothecated, has not yet expired. Cor nelis Steenwyck, Jan Hackins, and Willem Tomzen entering request, that they may choose arbitrators on both sides to dispose of the case in ques tion in presence of the Burgomasters and Schepens. Burgomasters and Schepens grant the request. Resolveert Waldron and with him the Court Messenger Claas van Elslant the younger entering state, that the R? Honb." General had de manded of the Court Messenger Claas van Elslant, whether he had not charged him and Resolveert Waldron to warn the tavernkeepers and tapsters not to allow gaming on Sunday ? To which he answered, such may well be, but he had forgotten it, as he had many orders from his Honour; whereupon his Honour ordered them to notify the Burgomasters and Schepens to do justice to the defts. summoned by the Officer, also to condemn Wernaer Wessels in the fine, or that he should do so. Cornelis Steenwyck appearing says, that he and Jan Hackins had caused Jeems Mills to be imprisoned for debt and demand that sd Mills be ordered to chuse three men from the Virginias, also three men from New England, before whom he shall render due a/c and explanation of 268 Court Minutes of New Amsterdam. [1663 his estate and effects, which he may have and also where the same may be. Burgomasters and Schepens grant the request and order Jeems Mills to do and perform the same. Claas Gangelofzen Visser and Pieter Jacobzen Marius appearing state, that Mattheus de Vos notified them, he brought some money in consignment of this City belonging to the estate of Nicolaas Langevel- thuysen and not having done so, that he be ordered to do it. Burgo masters and Schepens decree, as Mattheus de Vos has not brought any money in consignment, that he be ordered to do so. Mattheus de Vos is hereby ordered by the W. Court of this City to deposit with this City forthwith, such monies as remain with him accruing from the goods sold from the estate of Nicolaas Langevelthuyzen. Joannes van der Meulen appearing requests for his part, to be dis charged from the curatorship of the estate left by Sicx van der Stighelen, saying he intends to go to Fort Orange, and that his associate herein Joannes de Wit claims, that the entire commission on the receipts of the estate belong to him and will wind up the case. Burgomasters and Schepens having further considered the matter, decree that the curators of the estate left by Six van der Stighelen may receive the full commis sion, to wit five per cent from all, to wit from the good and just debts, for which obligation shall be exhibited. Marten Cregier entering states, whereas the R' Honb!e Director • General and Council of N. Netherland have favoured him with the Captian-Lieutenancy in the service of the Honble West India Company * he therefore comes to take his leave of the Bench of Burgomasters and Schepens of the City and at the same time to deliver to Burgomaster van Cortlant the City Seal and the Key of the Chest of Deposits. The Officer Pieter Tonneman appeals to the Rt Honble the Director General and Council of N. Netherland from the judgment pronounced between him and Andries Rees, also Andries Joghimsen by this W Court. Whereas the tapsters on their petition given in on 19 June last ob tained from the Burgomasters and Schepens of this City, who by an Order allowed them to demand and receive fourteen stivers and no more * He was appointed Commander of the Expedition against the Esopus Indians, in which war he served with much credit and success. — O'C. 1663] Court Minutes of New Amsterdam. 269 for one vaan (2 pots) of beer, the Officer Pieter Tonneman is therefore requested and ordered to take strict attention to this and to impose a fine fixed thereon upon the tapsters, who take more than fourteen stivers for the vaan of beer. This day, 30* June 1663, in presence of Pieter Tonneman, Olof Stevenzen van Cortlant, Jacob Strycker, Jan Vinge, and Jacob Kip, is pub lished and read from the Public Stand of this City, after the customary ring ing three times of the bell, a proclamation for a Day of Fasting and Prayer, enacted by the Honb!e Director General and Council of N. Netherland. Tuesday, 3? July 1663; In the City Hall. Present the Heeren Pieter Tonneman, Olof Stevenzen van Cortlant, Jacob Strycker, Pieter van Couwenhoven, Jan Vinge, Jacob Kip, Jacques Cousseau. Daniel van Donck, pltf. v/s Dauid Joghimzen, deft. Pursuant to the order of the Court dated 19 June last deft, is asked if he has proof that the pltf. knew, the wines he bought from the pltf. concerned Tomas Jansen in company ? Answers, has no proof thereof, as no one had any knowledge of it. Pltf. says he, did not know, that Tomas Jansen had any part in the wines in question, as they had no conversation at the purchase. Burgomasters and Schepens having heard parties and exam ined, what was material, decree by plurality of votes, that David Joghim sen shall have to pay and satisfy the pltf. for the wines bought and sold, on condition of holding his guarantee against the estate left by Tomas Jansen Mingael dec?, as he did not advise the pltf. to enter the wine in both their names. Hendrick Willemzen, baker, pltf. v/s Wernaar Wessels, deft. Defts. 3d default. Pltf. demands from deft., according to award of arbitrators, chosen mutually by them, the sum of one hundred and twenty five guilders half beavers, half seawant, whereupon he says he received eighty guilders in seawant. Burgomasters and Schepens condemn the deft, for con tumacy to satisfy and pay the pltf. Eghbert Meinder'zen, arrestant and pltf., Madaleen Spiers, arrested and deft. Pltf. demands from deft, sixty guilders eleven stivers. Deft. says she owes the pltf. no seawant but lime; and offered lime, which the pltf. will not receive, saying it is no good ; and that she sold this to others and that he, pltf., has received from her full seven and twenty, offering to 270 Court Minutes of New Amsterdam. [1663 prove, that what she bought from him should be paid in lime. The W. Court order deft, to prove her assertion. The Seamen of the Sloop, the Supply, pltfs., Willem Tomzen, deft. Pltfs. demand from deft, their earned monthly wages, saying that they were promised to return to the Virginias and that they remain lying here. Deft, says, he did not refuse to pay them. Pltfs. reply and say, that the tobacco is more valuable in the Virginias than here. Burgomasters and Schepens having heard parties refer the matter in question to Joannes van Brugh, old Schepen and now Orphan Master of this City, and to Jan Lauwerens, who are requested and authorized absolutely to settle the question regarding the difference of payment of the monthly wages, and to reconcile parties. Willem Tatel, pltf. v/s Jan Janzen van S' Obin, deft. Pltf. says, he left some goods in deft's yacht to be delivered to Hendrick Obe and en quiring about them, he could not receive them. Jacob Kip arising and qualifying himself as attorney of the deft, says, that the goods were shipped not to be delivered, but to be traded for him and requests that the matter be finally arranged by arbitrators in presence of one of the bench. Burgomasters and Schepens refer the matter in question to Pieter Jacobsen Marius and Samuel Etsal to hear parties, to examine the case and investigate and decide the same, and if possible to reconcile parties, if not to report their decision to the Court. Dirck Janzen from Oldenburgh, pltf., Deliverance Lamberton, deft. Pltf. demands from deft, payment of two thousand guilders for a sloop sold to him, according to deed of sale executed before the Notary Walewyn van der Veen in date 5 Nov. 1662; and further, payment of three obligations remaining one with Burgomaster Cortlant, the other with Mr. Cousseau and the third with Mr. Joannes van Brugh ; still more, sixteen pound sterling, for which he has been spoken to. Deft, demands copy of the declaration. Pltf. consents thereunto at his cost. TheW. Court order copy to be furnished to party to answer thereunto at the next Court day. Mr. Cornelis Steenwyck entering produces the award of arbitrators, written in English, in the case which he and Jan Hackins have against M' Willem Thompson and states, that the above named Thompsen had alleged on the last Court day, he had hired the sloop or bark of Jeeames 1663] Court Minutes of New Amsterdam. 271 Mills, also that the deed of mortgage is come from the hands of Jeems Mills, which is exhibited to the Court. Willem Thompson appearing with Mr. Steenwyck and Jan Hackins says, if Steenwyck or Jan Hackins can prove, that the deed of sale of the aforesaid bark was made within Sandy Hook, he will lose the bark, and he declares further, that the agreement was made in the Virginias, but where the deed of sale was written, he does not know, and that his chest was broken and that Jeems Mills has taken some goods and papers from it, among which papers was the mortgage, which he had returned him and in order not to be delayed any longer, offers to render himself bail and principal, that the sloop or bark in ques tion shall be back here in one month, also that M' Loofflingh shall come here in that time, who shall defend the suit ; which offer is accepted by parties and the Court order the bail bond to be drawn up for M' Thomp son's signature. The curators of the estate left by Sicx van der Stighelen, pltfs. v/s The curators of the estate left by Andries van Buytenhuysen, defts. Pltfs. in their quality demand three hundred and eighty guilders, thirteen stivers and fourpence in beavers and also eighteen guilders in seawant. Defts. in their quality exhibit by book of Andries van Buytenhuyzen, that they have something against it and had so informed Joannes van der Meulen. Burgomasters and Schepens having examined the books and a/cs on both sides declare the same on both sides worthy of credit; de cree therefore that parties on both sides shall account and settle with each other and whoever is found indebted, to pay or pass notes. The curators of the estate left by Sicx van der Stighelen, pltfs. v/s Schepen Pieter van Couwenhoven, deft. Pltfs. demand from deft, fifty two guilders ten stivers for three pieces of coarse woollen stuff, two of which were delivered him and one on his a/c to Willem Golder. The deft, admits the debt, requesting to retain his recourse against Willem Golder for the one. The W. Court decree that the deft, shall pay the fl'. 52.10 to the curators or give a note for the same. This day have Pieter van Couwenhoven and Jan Gerrisen van Buy tenhuysen in quality as curators of the estate left by Andries van Buyten huysen given each a note to the curators of the estate of Sicx van der Stighelen. Freryck Flipzen entering requests acte of authority to the Marshal to 272 Court Minutes of New Amsterdam. [1663 sell the dwelling house, brewery, brew vat and brewing apparatus of Jacob van Couwenhoven, mortgaged to Pieter Rudolphus, decd Burgomasters and Schepens order the Marshal to put these in execution. Freryck Flipzen, pltf. v/s Hendrick Janzen, baker, deft. Deft, in default. Willem Cogel, pltf. v/s Tomas Wandel, deft. Deft, in default. Hendrick van de Water, pltf. v/s Carel van Brugh, deft. Deft, in default. Jan Gerrisen van Buytenhuyzen entering requests, that Isaack Bedlo shall be ordered to render a/c with him in quality of curator of the estate of Andries van Buytenhuysen. The Marshal Mattheus de Vos entering deposits with this City eighty eight guilders twelve and a half stivers arising from the goods of Nicolaas Langevelthuyzen, and the account consists of the following items: One box of sewant of fl. 8. 8. One ditto 30. 2.8 One ditto 30. One paper wherein is 20. 2. fl. 88.12.8 Mattheus de Vos requests, that the judgment, against Walewyn van Veen, which he hypothecated on 27. January 1663 may be put in execution by the officer Pieter Tonneman, inasmuch as he cannot act therein being his own case. The W. Court order the Officer Pieter Tonneman to exe cute these. Mr Holinghwoordt requests, that the judgment, which he obtained on 26 June 1663 against Joris Dopzen may be put in execution. The Mar shal is ordered to execute these. Joris Dopzen demands execution of the judgment, of 26* June ag'st Jan Ariaansen, ship carpenter. The Marshal is ordered to execute these. The Officer Pieter Tonneman demands execution of the judgment, which he obtained on the 19 June, 1663, against Hendrick Janzen Smitt. The Marshal is ordered to execute these. Balthazar de Haart appearing declares, he enters himself bail as prin- 1663] Court Minutes of New Amsterdam. 273 cipal for Joris Dopzen for sixty four guilders nine stivers clear profit arising from tobacco sold 5* June 1663. Jacques Cousseau requests execution of the judgment, which he ob tained 5 June 1663. against Walewyn van der Veen. Whereupon he is informed that the judgment is appealed from. Isaack Greveraat appearing demands, inasmuch as Christiaan Pieter sen has not appeared according to promise of his wife on the Court day, that the attachment issued against his person be declared valid. Burgo masters and Schepens declare the attachment valid. Tuesday, 3 July 1663; In the Afternoon; at the City Hall. Present the Heeren Pieter Tonneman, Olof Stevensen van Cortlant, Jacob Strycker, Jan Vinge, Jacob Kip, Jacques Cousseau. Resolved, concluded and determined in Court, to invite, by the Court messenger in the name of Schout, Burgomasters and Schepens, for next Thursday at nine o'clock in the forenoon, the following persons to the City Hall, in the manner of a Common Council (Vroetschap.) Paulus Leenderzen van der Grift, Allard Anthony, Joannes van Brugh, Joannes de Peister, Cornelis Steenwyck, Hendrick Janzen van der Vin, Hendrick Kip the Elder, Govert Lookermans, Jacobus Backer, Tymotheus Gabry, Jeronimus Ebbinck, Isaack de Foreest, Isaack Greveraat, to lay before them the letter of the R. Honb.lc Director General and Council of N. Netherland and to deliberate together and consider, whether 25 @ 30 men could not be encouraged to serve in time of need as a reinforcement to this or other place requiring assistance, on receipt of five guilders per day for the expedition, and in addition the privilege and benefit of ex emption from watch, chimney money and tenths for the term of six years ; and to hear their advice thereupon. It is further deemed expedient by Schout, Burgomasters and Schepens, in consequence of the discharge of Mr Marten Cregier as Burgomaster he being appointed Captain Lieutenant in the Honb,e Company's service, and M' Pieter van Couwenhoven being also relieved from his office as Schepen, who this day communicated his resignation to the Court being received into the Honb,e Company's ser vice,* that the two vacancies be filled. They therefore proceed to the nomination of successors as follows: — * As second in command under Cregier in the Esopus Expedition. VOL. IV. — 18 274 Court Minutes of New Amsterdam. [1663 For Burgomaster Plurality of Votes. Paulus Leenderzen van der Grift III 3 Cornelis Steenwyck IIIII 5 Allard Anthony I Jacob Strycker II Joannes van Brugh I For Schepen : — Jacobus Backer IIIII 5 Stoffel Hooghlant IIIII 5 Isaack de Foreest I Govert Loockermans I Honourable Valiant Lords, Whereas the H' Marten Cregier, Burgomaster, and the Heer Pieter van Couwenhoven, Schepen of this City, have entered into the service of the Honb.le Privileged West India Company in this country and it being therefore necessary to supply the vacancies again, Schout, Burgomasters and Schepens of this City therefore propose to you, R? Honb!e, by plurality of votes, a double number to wit, For Burgomaster: — Paulus Leenderzen van der Grift, Cornelis Steenwyck. For Schepen : — Jacobus Backer, Stoffel van Hoghlant. Requesting you, R' Hon"*, to elect from them such as you shall deem proper for the service of this City. Thus done in the Court of Schout, Burgomaster, and Schepens of the City of Amsterdam in N : Netherland, the 3? July 1663. The subscription was, By order of the same, J. Nevius, Secret7. To the Rt Honb,e Director General and Councillors of N. Netherland. This day, the President Communicated to the Court the letter of the R! Honble Director General and Councillors of New Netherland, with the accompanying copy of the letter to the villages situate hereabout, and reads as follows: — Honourable, Beloved, Faithful! We have this day communicated to your Honors the accompanying copy of a letter sent to the villages hereabout and proposed to you and for 1663] Court Minutes of New Amsterdam. 275 the advantage of the commonalty friendly requested you also to encourage some of the Burghery of this City to suffer themselves to be employed in so necessary and neighbourly a duty; not doubting either your willingness or inclination, these shall serve only to request you to deliver in by next Friday your answers by Commissioners along with others, and further ad visory information as to what you may judge best and fittest, under the circumstances of the time for the greater security of the public interests of this City. Meanwhile we shall not fail to contribute whatever will lie in our power to the maintenance and defence as well of this City in par ticular as of the country in general. — Whereunto relying, we shall, after cordial salutation, commend your Honors to God's care and protection, and remain, Under Stood, Your Honors' affectionate friends, The Director Gen eral and Councillors of N. Netherland. Was signed, P. Stuyvesant. Lower Stood, By order of the Same, C. V. Ruyven, Sec'.y On one side stood, Done Fort Amsterdam, in N. Netherland the 3. July 1663. The Copy of the letter to the villages reads as follows : — Honourable, Beloved, and Special — Though we hereabout were actually at peace with the Indians and for the present no appearance of danger was thought probable, this opinion was among others communicated on last Friday to your Honors, that no one could preserve peace any longer than his neighbour was willing, much less with savage and barbarous people, who are ruled and regulated neither by conscience, nor by policy nor laws. Therefore what our friends and countrymen in the Esopus so cruelly experienced, other villages may fear to occur on to-day or to-morrow; thereunto adding the necessity each one had of being on his guard, observing to travel and return by the roads in companies of 3. 4. @ 5 provided with suitable arms, in order to be pre pared against any vagabonds, which we again recommend for your Honors special advantage and greater security. We also urged you, on account of the exigency, to enlist and keep ready in each village, each according to its size and circumstances, 8, 10 @ 12 of the fittest persons, to have and to keep, when circumstances required, a tolerable troop ready for the as sistance and aid of one and the other village, which may want it. We shall not doubt but you will have given communication thereof, each in his village or place and hamlet, whereunto we also offered our aid and 276 Court Minutes of New Amsterdam. [1663 duty. What has been done by the magistrates, each in his village, there for; what number each according to his circumstances shall be willing and able to bring to so necessary and serviceable a work, you will please, according to agreement to communicate to your Delegates on next Friday; and further inform us through them, in the way of advice, what further may be required for the greater security both of the public weal of your village in particular, according to the exigencies of the times. . We shall not fail to contribute what lies in our power for the maintenance and de fence of your Honors in particular as well as of the country in general. Whereunto awaiting, we shall, after cordial salutation, commend your Honors to God's care and protection, and remain, Under Stood, Your Honors' affectionate Friend and Governor. On one side stood, Amsterdam, in N. Netherland this 2nd July, 1663. Thursday, 5 July, 1663; In the City Hall. Assembled the Heeren Pieter Tonneman, Olof Stevenzen van Cortlant, Jacob Strycker, Jan Vinge, Jacob Kip, Jacques Cousseau ; and besides these all the old Burgo masters and Schepens of the City. Schout, Burgomasters and Schepens, actually in office this day, as sembled together with the old Burgomasters and Schepens of this City, provisionally resolved and concluded, at the request of the Rt Honble Director General and Council of N. Netherland, to perform every duty, to enrol for the service of this City some people, as many as twenty @ five and twenty men, during these troubles or at most for one year to be em ployed at and sent as a reinforcement to this or any place reduced to stress by the Indians; then whereas a considerable sum of money is requisite thereunto, and the City Treasury cannot supply so much to de fray the same, it is therefore expedient to take up some money on interest from the commonalty on a/c of the City, which it will be impossible not only to get but also to discharge, unless the Rt Honble Director General and Councillors aforesaid shall please to benefit this City for ever with the income of the half weigh scales * and the Ferry to this side of the river. Done, Amsterdam in N : Netherland, ady as above. This day, the Court Messenger handed to the President of Burgo- * I. e. Half the receipts of the weigh-house, the City having been previously granted one half, the government retaining the other. — R. 1663] Court Minutes of New Amsterdam. 277 masters and Schepens the election of succeeding Burgomaster and Schepen ; reading as follows : — Extract from the Register of the Resolutions of the Honble Director General and Councillors of N. Netherland holden in their assembly on Thursday 5* July, A? 1663. The Director General and Council of New Netherland having considered and read the nomination made and delivered by the Schout, Burgomasters and Schepens of the City of Amsterdam in N. Netherland, have, in place of the retiring, elected and confirmed from those nominated Paulus Leenderzen van der Grift, Burgo master ; Jacobus Backer, Schepen. Done, Fortress Amsterdam in N. Netherland ady as above. Under Stood, agrees with aforesaid Register, Signed Cornelis van Ruyven, Secre'y. Which aforesaid elected Burgomaster and Schepen are this day in stalled by the Schout Burgomasters and Schepens, after the departure of the old Burgomasters and Schepens. The President communicates, that Cornelis van Ge . . . [torn out] requests by petition two Commissioners to hear from persons on in terrogatories under oath. To which request is apostilled : The Burgo masters and Schepens commission hereunto Jan Vinge and Jacques Cousseau. The Court by plurality of votes appoints Burgomaster Paulus Leen derzen van der Grift and Schepen Jacob Strycker to communicate to-morrow to the Rt Honble Director General and Councillors of N. Netherland the aforesaid resolution adopted this date by the ruling Burgomasters and Schepens together with the old. Paulus Leenderzen van der Grift and Jacob Strycker are appointed and authorized from the Board of Burgomasters and Schepens to com municate the answer of Schout, Burgomasters and Schepens of this City in office together with the old, to the Rt Honble Director General and Councillors of New Netherland. Done, Amsterdam in N. Netherland the 5* July 1663. By order of the Same Joannes Nevius, Secrety. [The upper third of the next leaf of the Original Record is here torn off.] 278 Court Minutes of New Amsterdam. [1663 . . . The Heer Schepen Jacobus Backer rising offers himself as attorney for the pltf. exhibiting acte of attorney, demands in his behalf the benefit of the default and that the attachment be declared valid. Burgomasters and Schepens grant the benefit of the default and declare the attachment valid. Balthazar de Haart, pltf. v/s Burgomaster Paulus Leenderzen van der Grift, and Govert Loockermans as curators of the insolvent estate of Tomas Janzen Mingael dec? defendants. Pltf. demands from defendants in quality as aforesaid twenty beavers by virtue of a mortgage pledged to him by Thomas Jansen Mingael. Defts. answer, they hold the mortgage for the benefit of Tomas Jansen and as he gave it in pledge to the pltf. they claim preference. The W. Court having debated and weighed the case, decree that the pltf. cannot enjoy any preference, but must come in concurrence with other creditors. Joannes van Brugh, pltf. v/s Jan Janzen de Jongh, deft. Pltf. de mands from the deft, payment of an obligation for the sum of one hundred and seventy guilders in beavers and five hundred guilders in seawant: requests prompt payment. Deft, admits the debt. The W. Court con demn the deft, to satisfy and pay the pltf. according to the tenour of the obligation. [Another hiatus here, the original being destroyed.] . . only owes three hundred and fifty seven guilders, as he brings into a/c an item of forty guilders for an extraordinary Court day and three guilders for half weigh money, and thirty guilders for purchase of a negro. Burgomasters and. Schepens decree, that the difference in a/c shall be in his favour, if the deft, can prove the fairness of the a/c. Dirck Jansen from Oldenburgh, arrestant and pltf., Deliverance Lam- berton, arrested and deft. Pursuant to the order of the last Court day, the deft, gives for answer, that the deed of sale between him and pltf. was made pro formd, because the bark and goods should pass in his name so as not to be seized or made a prize of, and that the pltf. pleaded a con tract in the Virginias and here now a deed of sale. Pltf. demands proof thereof, requesting that the arrest be declared valid and that deft, shall enter bail for his person or be imprisoned. Burgomasters and Schepens order deft, to answer in writing the demand, which the pltf. entered against him on the last Court day and declare the arrest valid. 1663] Court Minutes of New Amsterdam. 279 Balthazar de Haart, arrestant and pltf. v/s Nicolaas Boot, arrested and deft. Pltf. demands from deft, ninety one guilders two stivers in tobacco. Deft, admits the debt ; then says, that he brought the pltf. with his sloop and people to Jeemston, demanding remuneration therefor. Pltf. says, that the boat was in Samuel Etsal's employ and he requested him to bring it up. The W. Court order deft, to pay the pltf., deducting what may be justly due him. [Here occurs another break, the original being torn off.] . . . effectual payment, or that deft, shall enter two sufficient securi ties that the demanded sum shall be promptly paid in beavers as aforesaid within three weeks this inclusive, with condemnation in the costs incurred or to be incurred. The deft, admits the debt; then says he cannot make payment according to the tenour of the obligation ; offering some goods in payment according to appraisal of the Court or arbitrators. The W. Court condemn the deft, to satisfy and pay the pltf. and decree that the imprisonment shall meanwhile stand good. Samuel Etsal and M? Goor, pltfs. v/s Dirck Jansen from Oldenburgh, deft. Pltfs. say, that their bark or boat was seized in the Virginias and made prize of through the false information of the deft., which could not have otherwise happened. They demand therefore their damages from him. Deft, demands copy of the suit and proof of the false information, and that Samuel Etsal shall be ordered to prosecute the whole suit. Burgomasters and Schepens grant the deft, copy of the demand to answer thereunto at the next Court day. Freryck Flipzen, pltf. v/s Hendrick Jansen, baker, deft. Defts. 2? default. Pltf. demands from deft, two hundred and forty eight guilders eight stivers in sewant for grain and other goods received from him. The W. Court order the deft, to deposit the moneys with this City. [Here is another hiatus in consequence of the destruction of one third of the page.] Joghim Beekman [deft.]. [Pltf. demands from deft.] sixty seven guilders in beavers [according to] obligation. Deft, says, he has nothing to object; requests six @ seven weeks time and has given silver ware in pledge. The W. Court order deft, to satisfy and pay the pltf. within six weeks according to obligation. 280 Court Minutes of New Amsterdam. [1663 Jacob Janzen, pltf. v/s Nicolaas Boot, deft. Pltf. demands from deft, two months and seventeen days wages @ thirty four shillings per month. Deft, says, he does not owe it, as he left his boat without leave. Pltf. says, he dismissed him from his boat. Deft, says, he removed him from one vessel to the other and kept him employed. Burgomasters and Schepens decree, that the deft, shall pay for cause the pltf. the half months wages earned. Hans Stein, arrestant and pltf. v/s Daniel Britton, arrested and deft. Pltfs. wife appearing demands from deft, twenty eight guilders seven stivers, which he accepted to pay for Jan Jacobsen. Deft, denies it, de manding proof. Pltf. says, she cannot prove it, as there was not any person present. Burgomasters and Schepens dismiss the pltfs. suit and discharge the deft, from arrest. Eghbert Meinderzen, arrestant and pltf. v/s Madaleen Spiers, arrested and deft. Pursuant to the order of the last Court day deft, produces proof, that she bought the pork from the pltf. to be paid for with lime. Pltf. admits having said, the lime was as good as money. Burgomasters and Schepens decree that the pltf. must be satisfied with the payment in lime; therefore discharge the deft, from the arrest. Freryck Flipzen, pltf. v/s Foppe Janzen Outhout, deft. Plft. de mands from deft, fifteen beavers for a hogshead of wine and half a beaver freight. Deft, says, he owes only one hundred and fifty guilders in sewant, as^he conditioned to pay the beavers in seawant at ten guilders per beaver. The W Court order the pltf. to prove, that he sold the hhd. of wine for beavers without any condition in seawant and in default thereof to receive the hundred and fifty guilders seawant in payment. Jan Janzen de Jongh, pltf. v/s Tymotheus Gabry, deft. Deft, in default. Pietertje Jans, pltf. v/s Maritje Hendricks, deft. Deft, in default. Hendrick Arensen Spaniard, pltf. v/s Jacob Janzen Flodder, deft. Deft, in default. Huybert Hendrickzen's wife appearing says, she hath attached the monies of Francois de Bruyn in the hands of Nicolaas Boot by virtue of a judgment obtained against him 24"? April; requesting that the attachment be declared valid, and that execution issue on the judgment against de Bruyn. 1663] Court Minutes of New Amsterdam. 281 The W. Court declare the attachment valid and the Marshal is ordered to put these in execution. The officer demands immediate execution of the judgment dated 26 June 1663 against M: Tades. The Marshal is ordered to execute these forthwith. Freryck Gysbersen appearing exhibits two judgments, which he has against Jacobus Vis and requests, that the Marshal be ordered to seize one of his houses to sell it by execution. The Court order the Marshal to advise Jacobus Vis in writing to settle within four weeks from date or that otherwise he shall proceed by execution. Pieter Jacobzen Marius entering demands execution of the judgment, which he has obtained against Hendrick Jansen Smitt, dated 29 August A° 1662. The Marshal is ordered to put these in execution. Pieter Jacobzen Marius and Claas Bordingh, as curators of the estate left by Anna Cornelis dec?, request by petition permission to take the monies brought in deposit with this City, arising from the sale of goods belonging to Cornelis Langevelthuyzen, as they must have money for land and houses from the aforesaid estate. Burgomasters and Schepens order petitioners in their quality to show to the Court of this City the justice of the claim, they have against the estate of Nicolaas Velthuyzen. Mattheus de Vos requests by petition, that the Officer may be ordered to put in execution the judgment he has obtained on 27* January 1663 against Walewyn van der Veen. ORDER. On the petition of Mattheus de Vos, Marshal, the officer Pieter Ton neman is required and ordered to put in execution the judgment which the abovenamed de Vos has against Walewyn van der Veen. Thursday, 12 July 1663; In the City Hall. Present the Heeren Olof Stevenzen van Cortlant, Paulus Leenderzen van der Grift, Jacob Strycker, Jacob Backer, Jan Vinge, Jacob Kip, Jacques Cousseau. Whereas the curators of the estate left by Sicx van der Stighelen do not know, whether they can be discharged from the said estate, as they have not received any obligation from Nicolaas Verlett; communicating the same to the Court to hear their advice thereupon, Burgomasters and 282 Court Minutes of New Amsterdam. [1663 Schepens decree, that such can be no impediment to them and they can notwithstanding be discharged therefrom. Jacob van Couwenhoven appearing, [says] that the Marshal has been with him in Freryck Flipzen's name to seize his brew kettle and brewing apparatus pledged to Freryck Flipzen to sell them by execution: Is ordered to speak to Freryck Flipzen. Jurrien Blanck appearing, Schepen Jacob Strycker requests, that the abovenamed Jurrien shall say (as he was present at Eghbert Meindersen house, when Eghbert fulminated against the judgment and abused him, Strycker), who more were present, when Eghbert so proceeded. Jurrien thereupon answers, no one except Mt Luyck, offering if necessary and required to confirm it by oath; saying further, that he retired with the Englishman, when the sharp words were uttered. Eghbert Meindersen appearing says he is wronged by the judgment pronounced between him and Madaleen Spiers, inasmuch as no one was present at the purchase of the pork except his wife and Madaleen Spiers and says, he happened to scold because Mr. Strycker let his water run over his lot. The abusive words being read to Eghbert, he says he does not know that he uttered them, and if it were so, it must have been through the drink. Friday, 13 July 1663 : In the City Hall. Present the Heeren Pieter Tonneman, Paulus Leenderzen van der Grift, Jacob Strycker, Jacob Kip, Jacques Cousseau. Deliverance Lamberton, pltf. v/s Dirck Janzen from Oldenburgh, deft. Burgomasters and Schepens having considered the matter in ques tion, which parties have against each other concerning certain a/c, also certain contract and sale of a bark, the Hope, belonging to Dirck Jansen from Oldenburgh, which Deliverance Lamberton guaranteed to exempt from seizure or capture, or should such occur to oblige himself to pay for the same the sum of two thousand guilders ; Dirck Jansen from Olden burgh, pltf. herein, concludes, that Deliverance Lamberton, as he was the occasion of the bark being captured, shall be condemned to satisfy and pay him the aforesaid sum according to the tenor of the deed of sale ; against which the deft. Deliverance Lamberton says, he was not the oc casion, but that the pltf. informed several in the Virginias, that the bark and goods belonged to him and he had no hand or part therein ; concludes 1663] Court Minutes of New Amsterdam. 283 therefore that the suit shall be dismissed and the pltf. condemned in the costs. Burgomasters and Schepens having pondered over and weighed every thing decree and order Dirck Jansen from Oldenburgh to prove within the space of nine consecutive months, that the aforesaid Lamberton caused the said bark to be seized and captured ; and parties on both sides are ordered to give security for the judgment and to give besides that their bond; as regards the matter of a/c Burgomasters and Schepens appoint as arbitrators to take up the a/cs of parties on both sides, Cornelis Steenwyck and Tymotheus Gabry, old Schepens of this City, and as um pire Hendrick Jansen van der Vin, also old Schepen of this City, author izing and qualifying them hereby to examine the a/cs and debate and decide them; to endeavor if possible to reconcile parties, if not to report their award to the Court, the arrest remaining meanwhile valid until they shall have satisfied each other in the matter of the a/c. On the petition of Jan Bally presented to the Court, 'tis ruled — The petitioner may summon his party, provided he furnish him with a copy of the petition. On the judgment, which Joannes van Brugh has against Jan Jansen de Jongh, 'tis ordered by Burgomastt Paulus Leendertsen van der Grift; — The Marshal is ordered to execute these — Done, Amsterdam in N. Nether land, the 18. July, 1663. Extraordinary Meeting holden on Monday 6* August 1663. In the City Hall. Present the Heeren Pieter Tonneman, Olof Stevenzen van Cortlant, Jacob Strycker, Jacobus Backer, Jan Vinge, Jacob Kip, Jacques Cousseau. Jan Bally, pltf., in a case of assault, v/s Dirck Jansen van Deventer, deft, in s? case. Pltf. concludes for reparation of character against the in juries done him by the deft., for that the deft, struck him on the nose and mouth, so that the blood followed ; also his dog fell on his body, bit him and tore his breeches, which proceeded from him taking up a cock be longing to his companion, and demands that the injuries shall be repaired honorably and profitably. Deft, produces his answer in writing, wherein he states, that the pltf. struck him on the breast with his rattan or stick, which he had in his hand, whereupon blows followed ; saying he had no dog, nor had he any for a long time and that it was his cock, which he took up; and as he was imprisoned through the pltfs. foul accusation, also 284 Court Minutes of New Amsterdam. [1663 that the pltf. abused him for a Dutch pock face, he demands that the pltf. shall be condemned for the injuries done him, in a fine of one thousand guilders; that the pltfs unjust demand be dismissed and he condemned in costs and satisfaction for his cock. Burgomasters and Schepens hav ing considered parties written demand and answer and heard also their verbal arguments on both sides, decree and adjudge as parties on both sides produce no proof of their statements and cannot bring in any, as in the commencement of the quarrel they were alone together and each offers to affirm his statement by oath, that parties shall shake hands and no more trouble each other on this account; then whereas Dirck Jansen van Deventer acknowledges to have struck his party under this pretext, that he must defend himself, Burgomasters and Schepens decree, that he shall pay the costs of this extraordinary Court, saving the action of the Officer. Extraordinary Meeting holden on Wednesday 8'J1 Aug5.' 1663. In the City Hall. Present the Heeren Pieter Tonneman, Olof Stevenzen van Cortlant, Paulus Leendersen van der Grift, Jacob Strycker, Jacob Backer, Jan Vinge, Jacob Kip, Jacques Cousseau. Jan Jansen de Jongh, pltf. v/s Tymotheus Gabry, deft. Pltf. de mands from deft., as Vendu Master, two hundred and thirty seven guil ders twelve stivers in beavers arising from goods, which he, the deft, sold for him by public auction, the time for paying which has expired fully eight weeks. Deft, says that four and twenty guilders in beavers and about one hundred guilders in duties shall be credited to him in the a/c, so that there will be still due the pltf. of the sum demanded about one hundred and thirteen guilders, which he promises to pay this week. Burgomasters and Schepens having heard parties condemn the deft., as Vendu Master, to satisfy and pay the pltf. for the goods sold, without delay ; as the time of payment has expired fully eight weeks and the pltf. is about to depart for Fatherland ; and further in the costs of suit. Eghbert Meinderzen's wife appearing prosecutes an attachment issued against Eghbert Beninck. Maria Verlett, appearing assisted by her brother Nicolaes Verlett and Jan Jansen de Jongh produces an obligation, by virtue of which she de mands from Jan Jansen de Jongh one hundred and eighty eight guilders ten stivers in beavers, to which Jan Jansen answers, that something has 1663] Court Minutes of New Amsterdam. 285 been paid thereon ; and he has also given her deceased husband a pro curation and besides that an a/c to collect from Samuel Smitt in the Vir ginias the sum of seven and fifty guilders five stivers and in addition five hundred pounds of tobacco, from which he should receive his pay; and whereas the aforesaid procuration or a/c has not been returned to him in season and the aforesaid Smitt has died, whereby he finds himself deprived of his debt, he claims that the aforesaid Maria Verlett is chargeable with the fifty seven guilders five stivers, also the five hundred pounds of to bacco. Burgomasters and Schepens having heard parties decree, that Jan Jansen de Jongh shall have to pay Maria Verlett the hundred and eighty eight guilders ten stivers according to obligation deducting, what has been paid, and that Maria Verlett shall be bound to return to Jan Jansen the aforesaid procuration and a/c. Tuesday 21? Aug'st 1663. In the City Hall. Present the Heeren Pieter Tonneman, Olof Stevenzen van Cortlant, Paulus Leenderzen van der Grift, Jacob Strycker, Jacobus Backer, Jan Vinge, Jacob Kip, Jacques Cousseau. The Rt Honbl.e Directt Gen' Petrus Stuyvesant in quality of att'y of Tys Tysen van der Eyck, pltf., Hendrick Jansen van der Vin, deft. The pltf. demands in that quality fulfilment and payment of seven hundred and six guilders sixteen and one half stivers according to produced a/c for and because of fifty five pieces of blankets @ ten and a half guilders the piece; also one hundred and three and a half ells of linen @ at twenty five stivers the ell; with interest. Deft, says, he has nothing to object to the a/c; requests that he may be allowed in a/c what the Company owes him; also what he has paid the Honb!e Company for duties on the goods here and the freight on the ship. The pltf. replying declares, he will receive in payment what the Honb!e Company owes the deft., concluding the defts. claim of deduction of the duties and freight says, in case such shall take place, that then he must render due a/c and specification to whom and how much the goods are sold for, which the deft, declares im possible since he sold to farmers and others, whereof he hath kept no a/c. Burgomasters and Schepens having heard parties on both sides, condemn the deft, to satisfy and pay the pltf. in his quality the sum demanded and that whatever is due him by the Company shall be allowed him in the a/c. 286 Court Minutes of New Amsterdam. [1663 The Schout Pieter Tonneman, pltf. v/s Gerrit Fullewever, deft. The pltf. concludes, that the deft, shall be condemned in a fine of one hundred guilders for having struck one Stoffel Mighielsen on the breast, by which he fell back and was seriously injured; with costs saving the action, which the abovenamed Stoffel Mighielsen may claim against him for surgeons fees, pain, smart etc. Deft, denies having done so and says he did not attack him. Burgomasters and Schepens dismiss the officers suit as he has not and cannot bring any further proof. The Officer Pieter Tonneman, pltf. v/s Anna Herms, deft. Pltf. concludes that deft, shall be condemned in a fine of one hundred guilders for and because she used force and violence towards Cors Jansen's wife and struck her. Deft, denies it, producing a- declaration to that effect. The W. Court order the Officer to produce further proof against the next Court day. Symon Jansen Romein, pltf. v/s Frans Barenzen Pastoor, deft. Pltf. as att'y of Pieter Lucassen, demands payment of the rent according to lease, as the deft, reclaimed the rent of the house, in which he resides. Deft, says, he is not bound for the rent, as the conditions of the lease are not fulfilled by the lessor and that the attachment issued against the goods must be declared invalid being illegal ; requesting that two arbitrators be appointed to inspect the matter. Burgomasters and Schepens appoint thereunto Allard Anthony, old Burgomaster, and Goovert Loockermans, old Schepen of this City, to take up the matter in question to hear parties debates examine them and reconcile them if possible; if not to report their award to the Court ; the attachment remaining meanwhile valid until parties shall have come to an agreement. Joannes de Peister, pltf. v/s Symon Janzen Romein, deft. Pltf. de mands of the deft, in his quality of attorney of the general creditors of Pieter Jacobs Buys, the quantity of four beavers for shoes. Deft, says, that Arent van Corlaar had the shoes ; he must therefore get the pay from him. Pltf. says, that Corlaar told him, that he paid the beavers to Buys. Deft, says, he cannot find anything about it in Buys' book. The W: Court decree, if the pltf. can prove by Arent van Corlaar, that he paid Pieter Jacobs Buys the beavers for the shoes, that the deft, in his quality as aforesaid shall satisfy and pay the pltf. the demanded four beavers. 1663] Court Minutes of New Amsterdam. 287 Jan Janzen de Jongh, pltf., Maria Verlett, deft. Pltf. demands, that deft, shall return him the obligation, which she had from him as the same is paid, according to writing exhibited. Deft, says the obligation is in truth paid but not the interest according to obligation. Burgomasters and Schepens having read and considered the obligation find, that the in terest runs only from the day the debt must be paid, until the time the payment is made according to obligation, and not from the day of the payment of the obligation ; which being calculated amounts to the sum of eight guilders in beavers, which Jan Jansen is ordered to satisfy and pay to Maria Verlett when the said Maria Verlett shall be bound to hand the obligation to Jan Jansen de Jongh. Metje Wessels, pltf. v/s Jan Gerrizen van Buytenhuyze, deft. Pltf. demands sixty guilders seven stivers from the deft, in his quality as attor ney of the estate left by Andries van Buytenhuyse. Deft, says, he has nothing to object; promises to pay as soon as he shall have settled with Isaack Bedloo. The W : Court order the deft, to pay the pltf. Wernaar Wessels, pltf. v/s Cornelis van Gesel, deft. Pltf. demands, that deft, be attached, until he shall have satisfied and paid him one beaver or two ducats for a measuring rod, as was stipulated and in addi tion two guilders for a can of wine, with the costs accrued thereon. Deft. admits having received the measuring rod, but made no promise to give a beaver for it; says also there was nothing said about ducats. Pltf. says, the deft, took the rod away on these conditions, offering to affirm it by oath. The W. Court order the deft, to pay the pltf. one beaver for the measuring rod ; also two guilders in seawant for the can of wine. Cornelis Vermeulen, pltf. v/s Abraham Sluyter, deft. Deft, in default. Freryck Gysberzen, arrestant and pltf. v/s Francois de Bruyn, ar rested and deft. Deft, in default. The attachment is declared valid. Joannes de Peister, pltf. v/s Joannes van der Meulen, deft. Pltf. claims preference on the goods of Pietertje Jans, widow of Claas Jans Ruyter, and Hermen Doussen by virtue of a judgment of the W: Court dated 7 Septemb' 1660. Deft, claims preference on the same goods by virtue of a mortgage, dated 27th March 1662, on the house and lot stand ing and situate on the Beavers Path* North of the Wind Mill, instead and with the same force as the mortgage given to him by the abovenamed * Now Morris Street. 288 Court Minutes of New Amsterdam. [1663 Pietertje Jans and Hermen Doussen on the 18th June 1660, on the house and lot belonging to them standing and situate in Pearl street. Burgo masters and Schepens having considered the mortgage as well as the judgment produced by parties and having weighed and reflected on every thing, decree that the deft, has preference before the pltf., because the mortgage dated 27* March 1662 was passed by Pietertje Jans and Hermen Doussen instead of that of 10 June 1660; also that the judgment produced by the pltf. was not prosecuted to the last execution, until 31. May A° 1663, and he cannot consequently receive any preference. Lambert Huyberzen Mol, pltf. v/s Lauwerens Lauwerensen van Vleckersen, deft. Pltf. demands from deft, ninety five @ six Fort Orange inch plank, sixteen feet long. Deft, admits the debt, but says he cannot deliver them, as they are not sawed and durst not saw through fear of the Indians. The W. Court order the deft, to satisfy and pay the pltf. within three weeks time. James Dauidts, pltf. v/s Adraen Vincent, deft. Pltf. demands that deft, shall lay a new gutter. Deft, says, that pltf. broke the gutter. Burgomasters promise to inspect the matter. Freryck Gysbersen, pltf. v/s Carel van Brugge, deft. Deft, in default. Maria Burgers, pltf. v/s Alexander Stultke, deft. Both in default. Engeltje Mans, pltf. v/s Alexander Stultke, deft. Both in default. Alexander Stultke, pltf. v/s Jan Lauwerens, deft. Both in default. Jan Lauwerens, pltf. v/s Maria Burgers, deft. Both in default. M' Risdem, pltf. v/s Ritzert Scheeper, deft. Pltf. complains, that the deft, makes nothing but difficulty and trouble for and because of his monthly wages, which he offers to pay according to settlement of a/c; demanding that the deft, shall be punished for the opposition and threats offered him and ordered on certain pain not to return again on board ; presenting certain affidavits of the trouble given by the deft. Deft, says it is not true. The Officer adjoining himself to the pltf. concludes for a fine on deft, of fifty guilders for having struck his skipper on his own vessel. Burgomasters and Schepens having heard parties as well as the witnesses order the pltf. to pay the deft, according to settlement of a/c ; they condemn the deft, for having struck his skipper, the pltf. herein, to go into close confinement and further in the fine of thirty guilders with 1663] Court Minutes of New Amsterdam. 289 the costs and mises of justice; and that the deft, shall remain so long in prison, until he shall have paid the same ; and further not to go any more on board the pltf. Sybout Clazen, pltf. v/s Abraham Pieterzen, miller, and Jan Hen drickzen van Bommel, defts. Pltf. demands from deft. Abraham Pieter sen, miller, payment of three hundred and seventy five guilders, on which he has received from Jan Hendricksen van Bommel an obligation for the sum of three hundred and fifty guilders, of which he demands payment. Deft. Abraham Pietersen, miller, admits the debt and promises to pay the twenty five guilders. Deft. Jan Hendricks van Bommel says, he cannot agree to pay before and until he obtain conveyance of the mill. Burgo masters and Schepens having heard parties order Jan Hendrickzen van Bommel to pay the three hundred and fifty and Abraham Pietersen, mil ler, the twenty five guilders, to Sybout Clazen. Jan Janzen de Jongh demands execution of the judgment, which he obtained on 8*? August last against Tymotheus Gabry, for the cost of the extraordinary Court. The Marshal is ordered to put these in execution. Freryck Gysbersen appearing demands, that the Marshal may levy execution on one of Jacob Vis' houses, inasmuch as Jacob Vis does not settle on the notice of Marshal or the Officer in his name. Burgomasters and Schepens decree, that another letter shall be sent to Fort Orange to Commissary Joannes de la Montagne to notify the aforesaid Jacobus Vis by the Court Messenger and to communicate the return to this Court. Tuesday, 28* August 1663. In the City Hall. Present the Heeren Pieter Tonneman, Olof Stevenzen van Cortlant, Paulus Leenderz : van der Grift, Jacob Strycker, Jacobus Backer, Jacob Kip, Jacques Cousseau. Symon Janzen Romein, pltf. v/s Burgomaster Paulus Leenderzen van der Grift and Govert Loockermans, as curators of the insolvent estate left by Tomas Janzen Mingael, defts. Pltf. produces a judgment against Tomas Jansen Mingael, dec?, dated 6th December 1661, obtained from this W. Court, purporting to pay him the sum of two hundred and eighty eight guilders twelve stivers in seawant and nine beavers; demand ing preference by virtue thereof in the goods left behind. The defts. answer, that the claim cannot be preferred, as the judgment is over a year. The Court postponed the case, until the next Court day. VOL. IV. — 19 290 Court Minutes of New Amsterdam. [1663 Maria Verlett, pltf. v/s Isaack de Foreest, deft. Pltf. demands, that deft, shall explain, why he has attached her property in Jacob Kip's hands. Deft, says, he has explained the reasons; produces an a/c against her for rent and goods, which her deceased husband owed him, amounting to the sum of five hundred and sixty five guilders nine stivers sewant, upon which is paid ninety four pounds of hops. Pltf. produces an a/c contradicting defts. a/c in some items. The Worsh: Court refer the matter in question to Isaack Greveraat, old Schepen of this City, and Isaac Bedloo to take up parties a/cs against each other, to argue and de cide the same ; to reconcile parties if possible ; if not to report their award to the Court. Mighiel Tades, pltf. v/s Isaack Greveraat, deft. Pltf. exhibits two extracts from the minutes of this Court, requesting that the deft, shall be ordered to obey them; demanding the costs. Deft, proves by writing, that he is in no way unwilling to do so. The Court commission in the case, which parties have against each other, Sibrant Jans Galma and Adolf Pietersen to inspect the matter in presence of Schepen Jacobus Backer, to hear and examine parties and reconcile them if possible; if not to report their award to the Court. Jan Bally and Raimond Staaplefort, pltfs. v/s Lambert Huybertzen Mol and Hendrick Lambertsen Mol, defts. Pltfs. demand, that defts. shall be ordered to complete the work on their vessel without loss of time and complain, that they have not remained on it and have consumed much time through neglect. Defts. say, they remained as sedulous at their work, as at other work and have not wasted as much as the defts. [pltfs?] say. Burgomasters and Schepens order the deft, to proceed without de lay with the work according'to contract, which they promise to do in pltfs. presence. Balthazar de Haart, pltf. v/s Freryck Arensen, deft. Pltf. produces a judgment against the deft, demanding fulfillment thereof with costs. Deft's wife entering says, the pay is ready. Pltf. says, the beavers are not good. The W. Court order the deft, to pay the pltf. according to judgment; also to pay the costs incurred herein to the sum of four guil ders thirteen stivers. Hendrick Willem, baker, pltf. v/s Hendrick Janzen Smitt, deft. Pltf. demands, that the deft, shall be ordered to make good the damage 1663] Court Minutes of New Amsterdam. 291 inflicted through his not draining the water over his own ground, as he has been ordered to do under a fine of fifty guilders, saying the water runs into his cellar and in the last hard rain stood in his cellar over four feet and a half. Deft, says, he has no drain. Pltf. replies, that Nicolaes the Cartman offered the deft, to lay a drain to conduct the water into the street through his cellar. The officer demands the fine of fifty guilders from the deft., to which he became subject for neglect to drain off his water. The W: Court decided, that the case should be inspected. Symon Janzen, pltf. v/s Jan Teunizen, deft, and Willem Steenhaal- der and his wife, witnesses. Pltf. says he purchased a house from the deft., which he went back of; demanding delivery. Deft, says in answer, he sold the house at fourteen days option. Pltf. replies, he did not agree about any option, but that they spoke of remaining fourteen days in the house. Willem de Steenhaalder as witness declares, that Jan Teunizen, the deft., said, he should retain the house fourteen days, but heard of no option. Pltf. says, he can prove by Jacques Cousseau' s son in law, that he was at defts. to buy the house and received for answer from defts wife, that he came too late, that the house was sold to Simon Jansen ; also there was another, who asked her to let him put corn in the house, as they were leaving it; who was answered he must ask Symon Jansen, as he had bought it; saying further, if the deft, can prove, that he sold him the house on fourteen days' option, he will give it up. The W. Court order the pltf. to prove his assertion. The Schout Pieter Tonneman, pltf. v/s Samuel Etsal, deft. Deft. in default. Maria Verlet, pltf. v/s Wernaar Wessels, deft. Deft, in default. Bartholdus Maan, pltf. v/s Jan Hendrickzen Steelman, deft. Both in default. Seletje Arens, pltf. v/s Hilletje Teunis, deft. Deft, in default. William ^Est, pltf. v/s Hendrick Janzen, baker, deft. Deft, in default. Hendrick Janzen Smitt, pltf. v/s Eghbert Benick, deft. Deft, in default. Isaack Bedloo appearing requests, that some one may be appointed besides Jan Gerrisen van Buytenhuysen to examine the a/cs of his admin istration as curator with the aforesaid Jan Gerrisen over the estate left by 292 Court Minutes of New Amsterdam. [1663 Andries van Buytenhuyzen decd, as Jan Gerrisen van Buytenhuyzen does not understand a/cs. Burgomasters and Schepens commission from their Board Jacob Kip and Jacques Cousseau, in whose presence Isaack Bedloo shall have to account, the correctness of which the Commissioners shall have to certify, discharging the aforesaid Isaack Bedloo from his curator- ship. Gysbert Op Dyck appears in Court producing a judgment dated 13 March 1663 obtained against Paulus Heimans with execution granted thereon; demanding accordingly payment pursuant to the tenor thereof. The Court decreed, that the Marshal should levy execution. Jan Bally demands execution of the judgment dated 6th August last, obtained against Dirck Jans Smitt. The Court ordered these to be exe cuted. Arent Janzen Moesman appearing presents the following petition, exhibiting two powers of attorney; one from Melchior Cromhuyzen and the other from Sara Jacquet, both executed before the Notary Jacob Hellerus, dated 10* April 1663, and with that a bottomry bond in his favour executed by Sicx van der Stighelen — the petition reads as follow : — To the Worshipf? Heeren Burgomasters — and Schepens of the City of Amsterdam in New Netherland. Right Worship!1 Heeren, Arent Jansen Moesman, merchant here, respectfully represents to your Wors? that he, the petition', having power from Sieur Melchior Cromhuyzen and Sara Jacquet, both executed before the Notary Jacob Hellerus and witnesses, dated 10* April, 1663 hereunto annexed, to col lect, take and receive here the property, peltries, cash and outstanding debts together with all papers, left and vacated by the death of Sicx van der Stighelen, to prosecute and realize the same for the advantage of those interested and of him, the petitioner, as far as he has a claim on said effects, according to the demonstration of the annexed papers, as his good judgment shall determine; and as he, the petition1:, understands, that it remains with your Worships, he respectfully requests, that such may be allowed, in order that the peltries, which are subject to the moth and other damages, may no longer remain lying to the prejudice of the credi tors, but that they be sent to Holland to such person as the petitioner has confidence in, who shall act with them as is proper for the advantage of those interested; he, the petitioner, offering also to give security, that if 1663] Court Minutes of New Amsterdam. 293 there be any more, who have claims against the aforesaid property, they shall receive their due pro rata with others and that the one shall not lose more than the other thereby. Awaiting your Worships favourable dis position herein, I remain — Understood Your Worships' humble Servant, signed Arent Janzen Moesman. Copy. Fiat. Done Amsterdam in N. Netherland 28 August 1663. Understood — By order of the Worshipful Heeren Burgomasters and Schepens of the City aforesaid. Was signed Joannes Nevius. Secret7. Tuesday, 4 Septemb' 1663. In the City Hall. Present the Heeren Pieter Tonneman, Olof Stevenzen van Cortlant, Paulus Leenderzen van der Grift, Jacob Backer, Jan Vinge, Jacob Kip, Jacques Cousseau. Burgomaster Olof Stevenzen van Cortlant, pltf., Hendrick Janzen, baker, deft. Pltf. demands from the deft, twenty five beavers, due over- long. Deft, admits the debt saying, he cannot pay at present. Burgo masters and Schepens condemn the deft, to satisfy and pa)' the pltf. Frans Barenzen Pastoor, pltf. v/s Skipper Pieter Lucasen, deft. Deft, in default. Pltf. demands to be released from the attachment placed on his goods by the deft's attorney and that the attachment be de clared invalid; producing further the opinion rendered by the arbitrators appointed in date 28* August last to inspect the matter. Burgomasters and Schepens having read and considered the award of the arbitrators in the case between the pltf. and deft., and that neither the deft, nor any person for him has appeared on the summons, discharge the goods from the attachment, which has been levied on it by the deft's attorney. Eghbert Meindersen, pltf. v/s Eghbert Benninck, deft. Pltfs wife appearing demands from the deft, sixty four guilders thirteen stivers in beavers for three months and seven days board @ z\ beavers per month according to a/c. Deft, admits the debt, requesting that he might pay in seawant, saying that he has an offset demand against the pltf. for twenty one guilders six stivers in seawant. The W. Court order the deft, to satisfy and pay the pltf. according to a/c, when the pltf. is ordered also to pay, on the other hand, the one and twenty guilders six stivers. Thomas Willet, pltf. v/s Reinier Rycken, deft. Plft. as attorney for several at Boston exhibits a bill of lading and a/c for goods shipped with 294 Court Minutes of New Amsterdam. [1663 one Abraham Crombey; and whereas the aforesaid Cromby has not satis fied the bill and left a quantity of tobacco with Daniel van Donck or the defendant, his attorney, he requests, that deft, shall be ordered to satisfy and pay him in his aforesaid quality, according to the purport of the afores? a/c, the sum of seventy one pounds ten shillings sterling in silver pay and in addition two beavers on his own a/c. Deft, admits, that a considerable amount in tobacco remains with him in the aforesaid quality on acct of Abraham Cromby, offering payment. Burgomasters and Schepens decree, that the pltf. shall receive his pay from Cromby's to bacco, in the defts. hands on condition of first giving sufficient security for the correctness of the debt to the satisfaction of the court of this City; and as the payment must be made in silver money and the deft, has noth ing on hand, but tobacco, Isaack Bedloo, Hendrick Hendrickz : Obe and Joris Wolsy are hereby appointed by the Burgomasters and Schepens to reduce the same and determine the difference of a/cs; and on receipt of payment the pltf. is ordered to give the deft, a discharge in due form for the payment. William ^Est, pltf. v/s Hendrick Jansen, baker, deft. Jurrien Blank as attorney of William JEst demands from deft, the sum of five hundred and sixty guilders twelve stivers according to obligation. Deft, says, as he could not get any beavers to pay with, he stated the circumstance to William ^Est, and requested him to sell his grain to others and that it was merchantable grain; but he would not do so, saying he would have his pay from him. The W. Court order the deft, to satisfy and pay the pltf. Balthazar de Haart, pltf. v/s Reinier Rycken, deft. Pltf. as attorney of Robbert Lovelant, demands from deft, as attorney of Daniel van Donck, sixty one pounds five shillings sterling and that from the effects belonging to one Abraham Cromby remaining with deft., because the aforesaid Cromby shipped some goods of the aforesaid Lovelant, consigned to one Jeems Rogers, of which goods he got no return and says, he has attached the aforesaid goods. Deft, says, that there is a considerable amount in tobacco remaining in his hands on a/c of Abraham Cromby; also offers to pay. Burgomasters and Schepens order deft, to satisfy and pay the pltf. in his quality the sum demanded on condition, that the pltf. shall first be bound to give security to the satisfaction of the Court of this City for the fairness of the debt, after which payment the pltf. is ordered to 1663] Court Minutes of New Amsterdam. 295 give the deft, a discharge in due form; and the attachment remains so long valid. Bartholdus Maan, pltf. v/s Jan Hendrickzen Steelman, deft. Pltf. demands, that deft, shall be ordered to pay him twenty five beavers in diminution of his arrears according to judgment which he has against the deft., in order to send it by the ship to Holland, offering to wait for the remainder of the pay till next year. Deft, says, he cannot promise that; offering to pay in tobacco. Burgomasters and Schepens persist in their rendered judgment. Maria Verlet, widow of Paulus Shriek, pltf., Warnaar Wessels, deft. Pltf. demands from deft, pursuant to obligation dated 23? 7bf 1659, twelve beavers and in addition thereunto also twenty beavers. Deft, admits the debt, undertakes to pay the same ; produces an offset a/c for the sum of five and twenty guilders, nineteen stivers. Pltf. claims, that the fl. 25: 19 was written off her husband's book; saying she will look to it. Deft. exhibits a draft on the pltfs. deceased father, maintaining as she is coheir with her brothers and sisters, the same must be paid by her. The W. Court order deft, to satisfy and pay the pltf. deducting what is honestly due him. Symon Janzen Asdalen, pltf. v/s Jan Teunizen, carpenter, deft. Pursuant to the order dated 28th August last, the pltf. produces a declara tion of two persons, whereby he proves, that he absolutely purchased the house in question from the deft. The declaration being read to the deft., he persists in his answer. Pltf. replying says, to tender deft, the oath or to swear himself, that the sale was not optional. Whereupon the deft. says, he will not take any oath, and will not convey the house to the pltf. , unless he confirm his statement by oath. Pltf. undertakes to confirm it on oath and did so accordingly at the hands of the Officer. Burgomasters and Schepens therefore decree, that the pltf. shall enter into the property and possession of the aforesaid house and lot, as his own. Dirck Jansen from Oldenburgh, pltf. v/s Francois Rumbout, deft. Pltf. demands from deft, thirty six guilders in tobacco for freight. Deft. says, he has paid the freight to Deliverance Lamberton. Pltf. says, Lamberton has nothing to do with the freight and that he forbade the deft, to pay the freight to him. Deft, says, he sought to act correctly, as he will not pay the freight twice and gave a receipt to said Lamberton. 296 Court Minutes of New Amsterdam. [1663 The W. Court order deft, to give security, until the arrival of Deliverance Lamberton, that he has paid the demanded freight to said Lamberton. Maria Verlett, widow of Paulus Shriek, appearing states, that the arbitrators in the case in question between her and Isaack de Foreest had met and considered the matter, but could not come to a determination, since an assignment, which her deceased husband gave Isaack de Foreest on Andries de Haas and which the latter accepted, has not been paid and as she could not obtain any writing from the arbitrators of their award, she wishes to inform the W. Court thereof. The W. Court decree, that Isaack de Foreest shall be summoned by her. The Schout Pieter Tonneman, pltf. v/s Eghbert Meinderzen, deft. Deft, in default. Schepen Jacques Cousseau demands execution of the judgment, which he obtained against Walewyn van der Veen dated 5 June last. The Marshall is ordered to execute these. Simon Janzen Romein and Nico laes Boot appearing, Symon Jansen is informed of the contents of the petition presented by Nicolaas Boot, requesting therein postponement of the execution, which he has obtained against him. Whereunto Symon Jansen answers, he cannot do so, because Freryck Flipzen retains his money, which is due him herein and that the execution must therefore proceed. Whereupon Nicolaas Boot replies, if such must be done he requests, that the monies be brought in consignment to this City Hall and remain there until advices shall be received of the matter. Burgomasters and Schepens decree, that the execution shall be proceeded with. Symon Janzen Romein returning says, that the action of preference be disposed of, which he has against the curators of the insolvent estate of Tomas Jansen Mingael. Whereupon Burgomaster Paulus Leendersen van der Grift demands eight days delay, which were granted to his Worship. Mattheus de Vos demands, that the moveable property of Walewyn van der Veen may be sold by execution publicly in payment of his claim against said van der Veen with costs, pursuant to the judgment, which he de Vos obtained against the aforesaid Van der Veen dated 27 January 1663. Which was disposed of by the Court as follows: — On Mattheus de Vos' request, Officer Pieter Tonneman is hereby required and ordered by the W. Court of this City to proceed with the execution against the 1663] Court Minutes of New Amsterdam. 297 goods of Walewyn van der Veen for the payment of his due, pursuant to the judgment, which the aforesaid de Vos has obtained against the above- named van der Veen, dated 27 Jany 1663. and levy the same. Tuesday, 11. Sept' 1663. In the City Hall. Present the Heeren Pieter Tonneman, Olof Stevenzen van Cortlant, Paulus Leenderzen van der Grift, Jacob Strycker, Jacobus Backer, Jan Vinge, Jacob Kip, Jacques Cousseau. Pieter Lucasen, arrestant and pltf. v/s Frans Barenzen Pastoor, arrested and deft. Pltf. concludes, that that two men shall de novo be ordered and authorized not only to make ocular inspection by what neglect the pltf. has failed to perform the contract, whereby the deft. claims to have suffered damage, and to revise and resume together the defts. a/c in presence of one of the Schepens, and if possible to endeavor to reconcile and make an arrangement between him and his party; other wise to report their award to the Court and that meanwhile the attach ment against the defts. persons and goods may stand good, until the case in question herein be disposed of definitively unto payment inclusive; with costs. The deft, produces the award of the arbitrators authorized by the Worsh: Court in date 21s.' August last and their rendered opinion; also two declarations adhering to the lease. Burgomasters and Schepens refer the matter in question again to Govert Loockermans, old Schepen of this City, and Hans Stein, to take up the case in the presence of Schepen Jacob Strycker, to hear parties on both sides, to examine the case and reconcile parties if possible ; if not to report their award to the Court, the arrest remaining meanwhile so long valid. Wynant Pietersen, pltf. v/s Tomas Lambersen, deft. Pltf. says, that he undertook with Evert Dircksen van As to build a fence for the deft. and has also erected it, wherefor he has been mostly paid and that he ap plied to the deft, for the balance, who gave him for answer that he has nothing to do with him, but with Evert Dircksen, as having contracted with him. Deft, answering said, that he must come with Evert Dircksen to settle. Burgomasters and Schepens having heard parties order pltf. to come to a settlement with the deft, along with Evert Dircksen or to bring Evert Dircksen's order; after which deft, is ordered after settlement to satisfy and pay pltf. his part. 298 Court Minutes of New Amsterdam. [1663 Nicolaas Verlett, arrestant and pltf. v/s Meestt Kervel, arrested and deft. Pltf. demands from deft, payment of twenty one thousand two hun dred and sixty five pounds of tobacco, according to obligation, dated 17 January 1660, to be delivered here free of costs and charges. Deft, admits the debt and requests, that pltf. may receive the payment in N : England ; in as much as after the drawing of the obligation, it was ordered by the King of Great Britain, that tobacco coming from Virginia should not be laden Ln any other, than the English bottoms. Pltf. replying demands that payment shall be made here according to the tenor of the obligation, as it is not convenient for him to receive payment in New England. Burgo masters and Schepens order deft, to enter bail within the time of four and twenty'hours, that he shall make payment of the tobacco to the pltf. within fourteen days according to obligation — the attachment remaining meanwhile valid. Cornelis Janzen Clopper, pltf. v/s Hendrick van de Water, deft. Pltf. demands from deft, six and a half beavers for iron work which he agreed with deft, to make and he accepted to pay; saying that he, pltf., has nothing to do with any body else or to look for payment except from him. Deft, says, as that concerns him and four others and he is no longer their treasurer, he cannot pay, but that the same remains ready. The W. Court order the deft, to pay pltf. according to promise. Seletje Arens, pltf. v/s Teunis Tomazen Quick, deft. Pltf. demands from deft, by balance still ninety two guilders eight pennies according to a/c. Deft, denies owing so much, saying, if he rendered her a fair a/c, she should be in his debt. The W Court refer the matter in question to Hendrick Jansen van der Vin, old Schepen of this City, and Hans Steyn, to take up parties a/cs; to hear them and examine their a/cs and recon cile parties if possible ; if not to render a report of their action to the Court. Mt Tomas Willet appearing produces pursuant to the judgment of this W: Court dated 4* instant the reduction of the tobacco allowed him from Reinier Rycken in quality in which he acts receivable at the value of silver money reduced by the Commissaries appointed by the Court of this City on the date aforesaid; demanding approval thereof, and that he may be allowed to collect and receive payment. Burgomasters and Schepens having seen and read the reduction approve the same and de- 1663] Court Minutes of New Amsterdam. 299 cree, whereas there is no other person, who has shewn any action or claim to the estate and effects left by Abraham Cromby except the pltf. and Balthazar de Haart; that they together shall take unto them the aforesaid goods and effects, to take their payment from the same each according to his proportion, on condition of giving security satisfactory to the Court for the correctness of their debt and executing for the payment a receipt in due form. Schepen Jan Vinge and Pieter Stoutenburgh, as guardians and cura tors of the estate of Raaghel van Tienhoven, decd, pltfs., Joannes Nevius, deft. Pltfs. demand in their quality from deft, in his capacity as Vendu Master payment of the sold goods. Deft, says, divers debts are still out and he shall do his utmost to collect and receive them. Th& W : Court condemn the deft, in his quality as Vendu Master to satisfy and pay the pltfs. in the quality, in which they act. Joannes Nevius, pltf. v/s Tymotheus Gabry, deft. Pltf. as Vendu Master demands from deft, payment of the sum of five hundred and fifty guilders eighteen stivers in seawant, and again three hundred and sixty one guilders fifteen stivers in beavers for goods bought by deft, at auc tion ; further twenty seven guilders five stivers also in beavers, which he accepted to pay for Abraham Lucena. Deft, admits the debt ; requests in writing, that it may be good against the Company and if the estate be not indebted to the Company, the same will be promptly paid by the Company. Pltf. replying demands payment and that deft, shall be con demned to satisfy and pay him the sum demanded on pain of immediate execution according to the conditions of the sale, saying the curators will not have any thing to do with any transfers. Burgomasters and Schepens condemn the deft, promptly to satisfy and pay the demanded sum and admitted debt. Burgomasters and Schepens have considered the case in question, which Symon Jansen Romein, pltf. in. case of preference, has entered in date 21. August last against Burgomaster Paulus Leendersen van der Grift and Govert Loockermans, as curators of the insolvent estate of Tomas Jansen Mingael, dec?, defts. in said case: After hearing of parties herein and pondering and weighing everything that is material, they decree and adjudge, that the pltf. by virtue of right acquired to the estate left by Tomas Jansen Mingael by delivery of judgment dated 6 300 Court Minutes of New Amsterdam. [1663 Decembt 1661 is entitled to preference: Therefore order the curators, defts. herein, to satisfy and pay the pltf. the demanded sum mentioned in the aforesaid sentence. Gysbert Op Dyck appearing produces the judgment, which he ob tained in date the 13?1 May against Paulus Heimans, and the return of the Messenger and Marshal thereunto requesting that he may receive his debt with the costs. The W. Court order and require the Officer to lend a helping hand to the Marshal in levying the execution, which Gysbert OpDyck has obtained against Paulus Heimans in date 28 August last. Nicolaas Boot and Simon Janzen Romein appearing, Nicolaas Boot requests, that he may be granted an apostille on his presented petition. The purport of the petition being read to Simon Janzen Romein, he per sists in his answer, rendered on the last Court day, and cannot determine on the deferring of execution. Whereupon Nicolaas Boot requests, that the monies proceeding from the house and lot to be sold may be brought in consignment of this City. The W. Court decree, that the house and lot of Nicolaes Boot (sold) to Pieter Jacobs Buys, of whose creditors Symon Jansen Romein is attorney, shall be sold by execution by the Marshal, the monies proceeding thereform be brought in consignment to this City not to be taken, unless under bail de restituendo should such hereafter be found proper. Eghbert Meinderzen demands execution of the judgment, which he obtained on 4* Sept' 1663 against Egbert Beninck. Bailiff is ordered to put these in execution. Sybout Clazen also demands execution of the judgment, which he obtained on 21 August last on and against Jan Hendricksen van Bommel and Abraham Pietersen, the miller. The pltf. is ordered to put these in execution. Maria Verlett, widow of Paulus Schrick, pltf. v/s Isaack de Foreest, deft., in the matter of an assignment, which Paulus Schrick has entered in defts. a/c, assigning him to Andries de Haas to receive from him the con tents thereof. Whereupon deft, says he has not received any payment from Andries de Haas on a/c of the assignment: also he has accepted the assignment in payment for so much, which has not been paid. Parties arguing their cause, on both sides before the Court, are finally through the intervention of Burgomasters and Schepens agreed together in this 1663] Court Minutes of New Amsterdam. 301 wise, that the assignment shall run on both their risks and the proceeds thereof shall go in payment as far as they accrue, and of what remains due Isaack de Foreest undertakes to pay the half, the other half remain ing to the pltfs. a/c. Saturday 15* Septt 1663. In the City Hall. Present the Heeren Pieter Tonneman, Olof Stevensen van Cortlant, Paulus Leendersen van der Grift, Jan Vinge. Whereas the Board is not complete, nothing was done in the cases brought up. This day the following letter is sent to the Board by the Rt Honb!e Director General and Council of N. Netherland. Honorable Beloved Faithful. Whereas we have found by experience that the Placards enacted for the observance of the Sabbath conformably to the law of God and our good intention are not observed nor obeyed, but that they are miscon strued by some, as if the previously enacted Placards only included the maintenance of the half Sabbath; we have to remedy this misconstruc tion, reconsidered and enlarged said Placards as you will be able to per ceive by the enclosed. In order that no one should plead ignorance, your Honours are hereby recommended to cause them to be published and affixed to the usual place: Whereunto confiding we shall, after cordial salutation commend your Honours to God's protection and re main, — Under Stood, Honourable, beloved, faithful Your affectionate friends the Council of N. Netherland. Lower Stood By order of the same. Signed C. V. Ruyven Secy At the side Stood, Done Fort Amsterdam in N: Netheland the 15th 7bt 1663. Whereas Director General and Council of N. Netherland experience and perceive, that their previously enacted order and placards for the ob servance of the Sabbath conformable to God's law and their good inten tion are not observed nor obeyed, but are by some misinterpreted and misconstrued, as if the previously enacted placards referred to and applied to the maintaining and solemnizing only half the Sabbath, Director General and Council hereby reconsidering, renewing and en larging their previously enacted Placards, order and command, that not only a part, but the whole Sabbath shall be observed. Wherefore each and every one is hereby warned, that pending the Sabbath, from the rising 302 Court Minutes of New Amsterdam. [1663 to the setting of the sun no customary labour shall be performed much less any clubs kept; in like manner the s? Director General and Council also forbid on the Sabbath all unusual exercises, such as games, boat, cart or wagon racing, fishing, fowling, running, sailing, nutting or picking strawberries, trafficking with Indians or any like things, and amongst others all dissolute and licentious plays, riots, calling children out to the streets and highways, under the forfeiture of the upper garment (het Oppercleet) or six guilders, — according to the rule of the courts — for the first offence, double for the second, and for the third time exemplary corporal punishment; Thus done in Fort Amsterdam in N. Netherland the io'h Septembt A° 1663. Under Stood— By order of the Rt Honb.u Director General and Council of N. Netherland, Signed C. V. Ruyven, Secrety. Tuesday, 18 Septembt 1663. In the City Hall. Present the Heeren Pieter Tonneman, Olof Stevensen van Cortlant, Paulus Leenderssen van der Grift, Jacob Strycker, Jan Vinge, Jacob Kip, Jacques Cousseau. Councillor Johan de Decker, pltf., Lauwerens de Sille, deft. Pltf. says, he sold to an English woman and delivered one hundred and seven and twenty guilders worth of nails payable in seawant and that Hendrick vander Walle dec? promised to pay the debt; wherefore he spoke to the deft, in the case several times as attorney for the said goods, who it appears could not affect the payment in the time : concludes therefore, as he is on the eve of departing and the beaver trade is near, for payment in beaver, the beaver reckoned at twenty guilders in sewant. Deft. admits the debt ; offering to pay interest for the loss of time and to pay in seawant — claims to be not bound to beaver pay. Burgomasters and Schepens condemn deft, to pay pltf. , the sum demanded in sewant with interest for loss of time according to offer. Pieter Lucasen, arrestant and pltf. v/s Frans Barenzen Pastoor, arrested and deft. Whereas the case in question, which parties have against each other, was referred on the last Court day to Govert Loocker mans, old Schepen of this City, and Hans Stein, to take it up in the presence of Schepen Jacob Strycker, and Govert Loockermans is gone from home, Burgomasters and Schepens do appoint in his place Adolf Pietersen, to take up the suit, which parties have against each other, in 1663] Court Minutes of New Amsterdam. 3°3 presence of Paulus Leendersen vander Grift, Burgomaster, and Jacob Strycker, Schepen of this City; to make ocular inspection and to hear parties debate the case ; to reconcile parties if possible ; if not to report their award to the Court. Jan Jansen van Schorel, pltf. v/s Guiliam d'Honneur, deft. Pltf. demands from deft, the value in goods of two hundred and eighty six pounds tobacco. Deft, admits the debt ; says he offered payment. Pltf. replying says, he is content to be paid in linen or other goods. The W. Court order deft, to pay pltf. in goods at tobacco price. Samuel Edsal, arrestant and pltf. v/s Jan Dendly, arrested and deft. Plft. says, that Cornelis Steenwyck ordered him in writing to obtain from the deft, and receive nine thousand pounds of tobacco due him according to obligation, and twelve hogsheads ditto shipped to him from Nicolaes Dauits. Deft, admits the debt; also that the twelve hogsheads are shipped to him by Nicolaas Dauits ; but says he must first go to N : Eng land pursuant to the Kings order to discharge the tobacco on English territory. Pltf. replies, he cannot understand, that the tobacco should go to N. England to incur more risk and charges. Burgomasters and Schepens order deft, to satisfy and pay the pltf. in the quality, in which he acts, within fourteen days time, the demanded nine thousand pounds of tobacco, also to pay the twelve hogsheads shipped him from Nicolaas Dauits — and therefore to enter sufficient security within four and twenty hours for the payment, the arrest remaining so long valid. Wernaar Wessels, pltf. v/s Aaght Jans, deft. Pltf. demands from deft, a hundred and forty five guilders in sewant for a cow. Deft, admitting the debt says he is unable to pay. Pltf. says he is willing to wait, if he get security. The W. Court order the deft, to satisfy and pay the pltf. Raimond Staaplefort, pltf. v/s Lambert Huybertsen Mol and Hen drick Lambersen Mol, defts. Pltf. says, he summoned the defts, that they may remain at the work agreed with him and demands, that they be so ordered. Defts. say, they have not left the work, except when it was bad weather; and believe to have done so about eight or ten days; promising to incur a fine of twenty five guilders for each day lost, halves and quarters in proportion. The W. Court order defts. to remain at the undertaken work and not to leave it on a penalty according to their own offer. 304 Court Minutes of New Amsterdam. [1663 Anneke La Chair, pltf. v/s Frans Janzen van Hooghten, deft. Pltf. demands from deft, forty four guilders heavy money. Deft, admits the debt saying, if the pltf. had drawn her a/c of costs in the suit with Wol- fert Gerrisen, she would have had her pay. The W. Court order deft, to satisfy and pay pltf. The Schout Pieter Tonneman, pltf., Merritje Joris, wife of Nicolaas Boot, deft. The pltf. concludes for a fine of one hundred guilders Holland cury of her goods and two years banishment, because she created a noise both in the street and in the house, broke the windows and made a riot. Deft, denies, what is laid to her charge, then admits that she broke the glass saying that her husband shoved her out of doors, at which she was so vexed, that she acted so. Freryck Gysberzen vanden Bergh, pltf., Carel van Brugge, deft. Defts 2? default. Pltf. demands from deft, forty nine guilders two and a half stivers for consumed drink. The W. Court order deft, to bring the monies into consignment of this City. Seletje Arens, pltf. v/s Teunis Tomazen Quick, deft. Pltf. produces the award of arbitrators appointed by the Court of this City on the last Court days, and with it her book, demanding again from the deft, payment of fl. 92 : 8 according to a/c. Deft, denies it to be his mark, which the pltf. says, he made in her book; saying that the pltf. would owe him money if she gave him a fair a/c. Pltf. says, her son signed with the deft. The W. Court postponed the case to the next Court day, when pltfs. son must also appear. Nicolaes Boot, pltf. v/s Merritje Joris, his wife, deft. Pltf. demands separation from his wife, because of her ill behaviour; communicating the same in writing and detailing it at length. The deft, says, that what the pltf. relates is not all true. Pltf. undertakes to prove some points. The W. Court having heard parties find no sufficient reasons to separate parties from each other, but order them to live together in peace. Schout Pieter Tonneman, pltf. v/s Dirck Smit, deft. Deft, in default. Burgomaster Olof Stevenzen van Cortlant, pltf. Jan Hendrickzen Steelman, deft. Deft, in default. Isaack Bedlo, pltf. v/s Tomas Wandel, deft. Deft, in defaut. Tomas Wandel, pltf. v/s Joris Juwel, deft. Both in default. 1663] Court Minutes of New Amsterdam. 305 Francois Rombout, pltf. v/s Jan Hendrickzen Steelman, deft. Deft. in default. Wernaar Wessels, pltf. v/s Jan Hendrickzen Steelman, deft. Deft. in default. Freryck Gysberzen van den Bergh and wife request by petition letters requisitory, whereby Jacob Vis shall be notified to come from Fort Orange and pay them ; or otherwise that his house shall be sold by exe cution. This day, 18* Septemb' of this year 1663, appears before me, Joannes Nevius, Secretary, Johan de Decker, Councillor in Council of N. Nether land, stating, that he appeals to the Rt Honb!e Director General and Council of New Netherland from the judgment, pronounced by Burgo masters and Schepens of this City between his Honour and Lauwerens de Sille in quality as agent for the goods left by Hendrick van der Walle. Copy. Honourable Valiant Heeren, Whereas you have been pleased to demand of us in writing advice and information of what we know of the matter and circumstances of the person of Cristina Steentjes as regards her condition, as she requested from your Honors letters of assignment ; these serve, that we know noth ing that should prevent her obtaining such and advise that she should get them in order not to be molested by her creditors. Herewith Honour able Valiant, we commend you to the Almighty and Remain — Under stood, Your Honours' obedient Servants, Schout, Burgomasters and Schepens of the City Amsterdam in N. Netherland. Lower Stood. By order of the same signed Joannes Nevius Secretary, — On one side stood — Done, Amsterdam in N. Netherland the 21s.' 7bf 1663. COPY. REQUISITION ON THE COURT OF BEVERWYCK. Honb!e Wise, Prudent Heeren, Whereas Jacob Vis is within your Hon'? jurisdiction and Freryck Gysbertsen van de Bergh and his wife have as far as they proceeded gained a right to be paid or in default thereof, that his personal goods be sold by execution, whereof he has been informed in writing by the Officer Pieter Tonneman in the Marshal's name, (pursuant to order of this Court) he being then sick ; no notice whereof has as yet been taken by the above- named Vis as it appears, as he has not sent any answer thereto; and as VOL. IV. — 20 306 Court Minutes of New Amsterdam. [1663 the abovenamed Freryck Gysbertsen and his wife cannot any longer be kept out of theirs, they request for this purpose from us requisition, which we cannot refuse. We therefore request your Honours in a friendly man ner to notify through the Court Messenger the abovenamed Vis, that within the space of fourteen days from date, he shall transport himself from Fort Orange to this place and pay his debt to the abovenamed Freryck Gysbert sen and his wife or in default thereof his house here shall be seized and sold by execution, to get his arrears therefrom, which doing we shall hold ourselves ready to reciprocate, being requested. Herein awaiting by the first and earliest conveyance, the return of the Court Messenger to the notice. And remain — Understood — Your affectionate friends Schout, Burgomasters and Schepens of the City Amsterdam in N. Netherland — Lower Stood — By Order of the same and signed Joannes Nevius, Secrety At the side Stood — Done Amsterdam in New Netherland the 21s.' 7b' 1663. At the request of the Officer Pieter Tonneman and Claas Bordingh as agent of the widow of Adriaen Blommaert decd the Burgomasters of this City appointed and authorized the Schepen Jacob Strycker and Jacob Kip to take up the a/c, which Walewyn van der Veen brings against the aforesaid widow, to correct the same if necessary and decide it, and if possible to reconcile parties — If not to report their award to the Court. Done Amsterdam in N: Netherland the 22? 7b.' 1663. Tuesday 25. Septembt 1663. In the City Hall. Present the Heeren Pieter Tonneman, Olof Stevenzen van Cortlant, Paulus Leendersen van der Grift, Jacob Strycker, Jan Vinge. Nicolaas de Meyer, pltf. v/s Jan Symonsen, deft. Pltf. demands from deft, according to obligation six beavers for goods belonging to him pltf., which the deft, has received with contentment from one Aaltje Sybrants ; and consequently obliged himself to pay him, the pltf. Deft. admits having signed the obligation ; then says, he has not received any goods and signed the note to lend and advance her six beavers. Burgo masters and Schepens condemn deft, to satisfy and pay the pltf. the six beavers, as he has bound himself thereto by obligation. Jan Blacklets, pltf. v/s Samuel Etsal, deft. Pltf. exhibits an obliga tion passed by the deft., then says, he demands from him no more than 1663] Court Minutes of New Amsterdam. 307 forty nine pounds sterling for horses delivered and that the deft, did not receive other goods, from which the obligation arises. Deft, says, he entered with the pltf. into an agreement and contract (producing the same) for goods, which the pltf. agreed to send him to the sum of one hundred and twenty six pounds sterling, which goods the pltf. did not deliver to him, and he should have had great profit from them. Pltf. re plying says, he should have sent him the goods, but was prevented from doing it by higher hand. Deft, rejoining says, he suffered great damage thereby, demanding indemnification therefor. Pltf. answering thereunto says, his interest suffered as much in not receiving his payment for the horses as the deft, can pretend damage for non delivery of the goods. Burgomasters and Schepens refer the matter in question to Nicolaas Verlett, Isaack Bedloo and Joris Wolsy to hear parties on both sides, and to examine them ; to decide the case and reconcile parties if possible ; if not to render a report of their action to the Court. Hester Douzen, pltf., Dirck Clazen Pottebacker, deft. Pltf. says she sold goods to deft's wife for the value of three beavers in peltries con sisting of whole, half and laps of beavers, and in addition one beaver, and for a crown at the Bay ; also twelve cans of wine for two hundred and fifty pieces of toys ; and that she should deliver by the first sloop for each beaver down, fourteen pieces of crockery, whereof she received twenty one ; also the toys ; demanding the remaining pay with costs. Deft says, he knows nothing better, than that all is paid and sent pltf. by Hans the Norman, what belonged to her. Pltf. exhibits in writing, what the deft, sent her, saying she can declare with good intent and good conscience the debt to be just; offering if required and it be necessary, to affirm the same on oath. Burgomasters and Schepens condemn deft, to satisfy and pay the pltf. the remaining thirty pieces of pottery. Cornelis Barensen van der Kuil, pltf., Lauwerens van der Spygel and Tryntje van Campen, defts. Pltf. says, the defts. stated, that the farmers say, we will deliver the grain and pay no attention to the measurer. Deft. Lauwerens denies it and says, he offered the measurers fees. Burgo masters and Schepens decree the pltf. has no right to summon deft, for his statement. Jacob Jansen Moesman, pltf., Lauwerens Lauwerensen, deft. Pltf. demands from deft, two hundred three guilders ten stivers and six plank. 308 Court Minutes of New Amsterdam. tl663 Deft, denies owing so much and had canvas twice from the deft, [pltf?] whereof the first piece was paid for, when he took it, and over paid ; and for the second piece drawn, he paid fifty plank ; but that his books and proofs are lost with his yacht, calculating that he owes no more than thirty plank. Pltf. says no more, than fifty plank is paid on the whole. Burgo masters and Schepens having heard parties postpone the case until the next Court day, or 'till the arrival of Abraham the carpenter: they order parties on both sides, meanwhile to reflect, and the pltf. is ordered to ex hibit his blotter on appearing in Court, to obtain a better insight into the matter. Schout Pieter Tonneman, pltf. v/s Dirck Smitt, deft. Deft's 2? de fault. The pltf. is ordered to summon the deft, a third time. Schout Pieter Tonneman, pltf. v/s Eghbert Meinderzen, deft. Deft's 2? default. Pltf. demands, that deft, shall be condemned to pay the sum of ninety five guilders due him. The Court decree as the pltf. allowed one Court day to pass, he must summon the deft. anew. Metje Wessels, pltf. v/s Symon Blanck, deft. Both in default. Freryck Gysberzen van den Bergh, pltf., Carel van Brugge, deft. Both in default. Mighiel Tades, arrestant and pltf. v/s Hans Carelsen, arrested and deft. Deft, in default. The Court declares the arrest valid. Denys Isaackzen, pltf. v/s Anneken Kocks, deft. Deft, in default. Denys Isaackzen appearing exhibits judgment, dated 14 Novt 1662, which he has against Anthony de Milt; he demands execution. Burgo masters and Schepens order Anthony de Milt to satisfy and pay the above judgment to Denys Isaakzen, and in default thereof the Bailiff is ordered to put these in execution. Eghbert Meindersen, pltf. v/s Albert Alberzen, deft. Both in de fault. Paulus Heimans, pltf. v/s Cornelis Janzen, woodsawyer, deft. Deft. in default. Greetje Pieters appearing demands the costs in the suit between her and Janneke van Gelder. The Court order her to add the costs to the a/c and to demand the same from Janneke with the damage. Balthazar de Haart appearing produces the judgment, which he has ag'st Joghin Beeckman and demands, that it be entered on the same that 1663] Court Minutes of New Amsterdam. 3°9 Joghim Beeckman was condemned in the costs. Burgomasters and Schepens order him first to give notice to Joghem Beeckman through the Court Messenger of the judgment and then by non payment to demand the costs. Tuesday 2nd Octobt 1663. In the City Hall. Present the Heeren Pieter Tonneman, Olof Stevensen van Cortlant, Paulus Leendersen van der Grift, Jan Vinge, Jacob Kip, Jacques Cousseau. Schout Pieter Tonneman, pltf., Hendrick Janzen Smitt, deft. Pltf. says, that deft, tapped this day eight days between ten and eleven o'clock, after the setting of the watch ; and that he found five @ six persons sitting drinking, demanding six guilders fine for each person according to placard and twenty five guilders additional. Deft, says, it was not so late and that they sat drinking a little spell. Burgomasters and Schepens condemn deft, in a fine of twelve guilders. Willem Doeckles, pltf. v/s Albert Gerrisen, deft. Pltf. demands from deft, forty two guilders or seven schepels wheat. Deft, says, that the pltf. sold to him for an assignment on Tomas Clapboard.* The W. Court order deft, to prove that pltf. accepted an order on Clabboard in payment. Paulus Heimans, pltf. v/s Cornelis Janzen, woodsawyer, deft. Defts. 2? default. Pltf. demands from deft, one hundred and thirty five guilders pursuant to judgment dated 19. Dect 1663. The W: Court persist in their previous judgment. . Hendrick Janzen Smitt, pltf. v/s Gysbert Frerickzen, deft. Deft. in default. Pltf. says, he requests that the attachment be declared valid on the defts. monies in the hands of Tomas the Irishman and Egbert Benninck. The W. Court declares the attachment valid. Simon Janzen Romein, pltf. and arrestant v/s Robbert Watson, arrested and deft. Pltf. says, he has by virtue of a mortgage against Nicolaas Boot attached his vessel and tobacco in the defts. hand. Burgo master Paulus Leendersen vander Grift and Gerrit van Tright, as attornies of Nicolaas Boot, request that deft, may discharge his freighted tobacco at the North, inasmuch as he entered under bond to do it. Wernaar Wessels also appearing produces an obligation against Nicolaes Boot, de- * Thomas Chambers of Wildwyck (Kingston).— B. F. 310 Court Minutes of New Amsterdam. [1663 manding payment thereof. Burgomasters and Schepens order deft, to give security within four and twenty hours, that he shall return here within fourteen days time with Nicolaas Boots bark, the attachment remaining meanwhile valid. Joannes Vervelen, pltf. v/s Arent Janzen Moesman, deft. Pltf. says deft's dog bit his negro and demands a man in his place and payment of surgeons fees and should the negro die or become unserviceable, payment for the same with the costs thereon. Van der Cleef appearing in place of the deft, says, the demand is unreasonable, since the negro was warned by Barent, the farmhand of the deft., according to declaration made by the said Barent now exhibited ; and that pltfs. demand shall be dismissed and he condemned in the costs hereof. Pltf. agrees to prove, that the deft. was advised his dog was malicious. Burgomasters and Schepens order parties on both sides to prove their assertions. Tomas Hal, pltf. v/s William Kerwer and Simon Janzen Romein, as attornies of the estate left by Jan Joukes, defts. Pltf. demands from defts. payment of three beavers eighteen guilders in tobacco and sixty three guilders in seawan. Deft, admits, that he received a portion from him, but not the whole, from which the debt arises; then says he referred the pltf. to Jan Joukes, wherewith he was satisfied. Pltf. says, he re ceived no pay from Jan Joukes. Burgomasters and Schepens postpone the case, until it be found, how the a/c stands between William Kerwer and the attorney of the estate of Jan Joukes. Lofd Grof, pltf. and arrestant, v/s Robberd Watson, arrested and deft. Pltf. demands from deft, a/c of eleven hhds. of tobacco. Deft. demands four days time to make up the a/c. Burgomasters and Schepens order the deft to make up the a/c within four days time. Denys Isaackzen, pltf. v/s Annetje Kocks, deft. Pltf. demands from deft, balance of fifteen and a half beavers and forty two guilders ten stivers in seawant and further five to six guilders in nails disbursed for her. Deft, says, the work is unfinished. Pltf. produces the last settle ment made with deft, and signed by her. The W: Court order the deft. to satisfy and pay the pltf. according to the last a/c signed by her. Otte Gerrits, pltf. v/s Jan Dendly, deft. Pltf. says, that deft. brought a barrel of pork and gave no notice of it ; demanding the same pursuant to placard. Deft, says, he is a stranger here and was un- 1663] Court Minutes of New Amsterdam. 311 acquainted with the custom; also that the barrel of pork lay half a day on the bridge near the Scales and was known to the pltf. as well as the public laborers; but they never spoke of it. Parties have agreed in Court with each other in their case for twenty guilders, which deft. promises to pay the pltf. Jan Bally and Raimond Stooplefort, pltfs., Lambert Huyberzeh Mol and Hendrick Lamberzen Mol, defts. Pltfs. say, that defts. promised fourteen days ago before the Court to finish and complete within eight to ten days under a certain penalty the work, which they had in hands for them ; which is not yet done. Defts. say, they did more than they agreed for. Burgomasters and Schepens refer the matter in question to Jan Brown, English merchant, and Jan Ariaansen, ship carpenter, to take up the work according to contract in presence of the Heer Burgomaster Paulus Leendersen van der Grift and to endeavour, if possible to recon cile parties concerning their difference; if not to report their award to the Court. Schout Pieter Tonneman, pltf. v/s Mary Peeck, deft. Deft, in de fault. Huge Barens, pltf. v/s Isaack de Foreest, deft. Pltf. in default. Walewyn van der Veen, arrestt and pltf. v/s Cornelis Vos, arrested and deft. Both in default. Wernaar Wessels, pltf. v/s Jan Hendrickzen Steelman, deft. Deft. in default. Pltf. demands payment of fl. 192 :$% in seawan. As pltf. allowed one Court day to pass by he was allowed first default. Seletje Arens, pltf. v/s Teunis Tomazen Quick, deft. Whereas pltf. brought no minute of what was done, nothing was transacted in the case and she was ordered to take out an Acte. Balthazar de Haart appearing demands execution of the judgment, which he obtained on 10* July last ag'st Joghim Beeckman. The Marshal is ordered to put these in execu tion. Jan Rutgerzen Moriaeu appearing says, he has attached the monies of Nelis Matthysen in the hands of Schepen Jacob Kip; demanding that the attachment be declared valid. Burgomasters and Schepens declare the attachment valid. Mattheus de Vos demands by petition, that the execution may take its course against Wal: van der Veen by virtue of and pursuant to judg- 312 Court Minutes of New Amsterdam. [1663 ment. Apostille: Burgomasters and Schepens require and order the Officer again to proceed with the execution against Walewyn vander Veen pursuant to the order dated 4th Septembt last. Tuesday 9* Octobt 1663. In the City Hall. Present the Heeren Pieter Tonneman, Olof Stevensen van Cortland, Paulus Leenderzen van der Grift, Jacob Strycker, Jacobus Backer, Jan Vinge, Jacob Kip, Jacques Cousseau. The Schepen Jacob Strycker, arrestant and pltf. v/s M' Kervel, arrested and deft. Pltf. complains that he is injured in words and deeds by the deft, who has abused him as a rogue, a bastard and dishonourable man; also wounded him in the leg with a dagger after having made re peated thrusts at him — demanding, that he repair the injury by acknowl edging that he had done wrong by so acting and praying forgiveness; further by paying to the Poor or the Deaconry of this City the sum of three hundred guilders, sixty guilders for the pain and loss of time, three pieces of eight for surgeons fees according to a/c thereof; and in addition the quantity of eight beavers earned by his son in watching defts. boat, all with costs incurred and to be incurred. Deft, says the watching, which his son agreed for, is not performed, demanding as offset for damage suffered by him in losses, eighteen hundred guilders. Burgo masters and Schepens refer the matter in question to Evert Duycking and Dirck Jansen Mayer to take it up in presence of the Burgomaster Paulus Leendersen van der Grift and if possible to endeavor to reconcile parties touching their question; if not to report their award to the Court; the attachment remaining meanwhile valid so long. Eghbert Meindersen, pltf. v/s Willem Doeckles, deft. Pits, wife appearing demands from deft, twenty six guilders eighteen stivers for drink received. Deft, says, he has not drank so much, as is charged against him. Pltf. undertakes to prove it and offers to prove it by oath. The W. Court order deft, to pay the pltf. Raimond Staaplefort, pltf. v/s Lambert Huybersen Mol and Hend't Lamberzen Mol, defts. Pltf. says, that according to award of arbitrators appointed by the Court of this City on the second of this month, the work undertaken by the defts. is not finished. Defts. say, they have completed it. Burgomasters and Schepens appoint Dirck Jansen from 1663] Court Minutes of New Amsterdam. 313 Oldenburgh in place of Jan Brown with Jan Ariaansen, ship carpenter, to inspect the work anew in the presence of Burgomaster Paulus Leender sen van der Grift and to see if it be done according to award, and order pltf. to satisfy and pay deft, when it is terminated. Mr. Cornelis Steenwyk, pltf. and arrestant, Ritzert Airy, arrested and deft. Pltf. says, he has attached the defts. bark on account of fifty seven pounds two shillings balance due him, for which the bark is bound; further, one hundred pounds sterling for goods given him also for Elles at Boston. He demands payment thereof, or that deft, shall place in his hands an obligation arising from the sale of his bark. Deft, says, he cannot do so, as he must meet his payment thereby: offers to pay when he knows how his account stands with Elles. After verbal debates with each other, parties agree together in this wise; to wit — that Ritzert Airy shall con vey to Cornelis Steenwyk the aforesaid obligation, provided said Steen wyck shall furnish him authentic copy of the same, to make use of it if necessary and the above named Steenwyck promises to execute a writing promising therein to satisfy and pay what shall be fairly coming to him. Burgomaster Olof Stevenzen van Cortlant, pltf., Jan Hendrickzen Steelman, deft. Deft, in default. Isaack de Foreest, pltf. v/s Andries Jogemzen, deft. Deft, in default. Andries Joghemsen, pltf. v/s Teunis Tomassen Quick, deft. Pltf. in default. Willem Doeckles, pltf. v/s Albert Gerrisen, deft. Pltf. in default. Freryck Gysberzen van den Bergh entering demands, as Jacob Vis does not come from Fort Orange to satisfy and pay him his debt, pur suant to the tenor of two judgments, nor sends any payment, that the Marshal be authorized to seize on Jacobus Vis' house to be sold by exe cution. Burgomasters and Schepens order the Marshal to affix notices for the sale within four weeks by executions of the house of Jacobus Vis, wherein Jan Adriaansen Duyvelant lived. Denys Isaackzen demands execution of the judgment, which he ob tained against Anneke Koeck dated 2? instant. The Marshal is ordered to put these in execution. Anneke La Chair demands execution of the judgment, which she obtained on 18th Septembt last against Frans Jansen van Hooghten. The Marshal is ordered to put these in execution. Officer Pieter Tonneman requests by petition a precept to the Court 3H Court Minutes of New Amsterdam. [1663 at Beuerwyck to summon Jacobus Vis by their Court to appear in Court here on the 30* of this month. Apostille: The petition is granted, and a summons shall be sent from here to Jacobus Vis. Tuesday 16* Octobt 1663. In the City Hall. Present the Heeren Pieter Tonneman, Paulus Leendersen van der Grift, Jacob Strycker, Jacobus Backer, Jan Vinge, Jacob Kip. Schout Pieter Tonneman, pltf. v/s Eghbert Meindersen, deft. Pltf. demands from deft, ninety five gl. balance. Deft's wife appearing pro duces an a/c agst the pltf. saying, that he, the pltf., was satisfied with Madaleen Hans and for that purpose collected the a/c of what Madaleen owed her. Pltf. denies it saying, he has nothing to do with another mans debts. Burgomasters and Schepens order parties to settle their a/cs on both sides with each other in presence of the Schepen Jacob Kip. Cornelis Steenwyck, pltf. and arrestant, v/s Deliverance Lamberton, arrested and deft. Pltf. says, he has a claim against William Voscum on an obligation of two hundred and two guilders ; that he has attached, with that view, the bark, and summoned the deft, for payment; demanding payment according to obligation. Deft, says, that Voscum told him, he owed Mr. Steenwyck and that he had property in his hands, from which he can obtain payment if such were ordered. Burgomasters and Schepens condemn the deft, to satisfy and pay the pltf according to obligation what William Voscum owes him: the attachment remaining meanwhile so long in force. Cornelis Steenwyk, pltf. v/s Aaltje Mareschalck, deft. Pltf. de mands from deft, according to obligation two hundred and one guilders payable in ox hides and also twenty four guilders in seawant. Deft. admits the debt. The W: Court order deft, to satisfy and pay pltf. the two hundred and one guilder according to obligation, and four and twenty guilders in seawant. Isaack de Foreest, pltf. v/s Andries Joghemzen, deft. Pltf. de mands from deft, five hundred guilders by virtue of a mortgage. Defts. wife appearing admits the debt, requesting a little time. The W. Court order deft, to satisfy and pay the pltf. within six weeks time according to mortgage. Abraham Pietersen Corbyn, arrestant and pltf. v/s Geertje Dircks, 1663] Court Minutes of New Amsterdam. 315 Albert Albertsen the ribbon weayer's wife, deft, and arrested. Pltfs. wife appearing demands from deft, thirty three guilders ten stivers balance according to a/c saying, she has still an old a/c, which her husband has with him, whereby something else is also coming to her. Deft, produces a counter account. The W. Court refer the matter in question to Hen drick Jansen van der Vin, Old Schepen of this City, and Hans Stein, to take up parties a/c, to decide and settle the same; to reconcile parties if possible, if not to render their report to the Court, the attachment remain ing so long valid, until parties shall agree among themselves. Andries Joghemzen, pltf. v/s Teunis Tomassen Quick, deft. Pits. wife with Joghim Andriessen, her son, appearing Joghim is asked, whether every thing that Teunis Tomassen owes his mother, is included in the ninety guilders which she brings in a/c against the deft, and whether deft, himself signed the mark, which stands in his mother's book: Where unto he answers No: says that Teunis Tomassen himself signed in his presence the mark in his mothers book offering to affirm the same on oath if necessary and being requested. Deft, demands in writing, that he may be allowed copy in writing of what the deft, puts forth and produces. Burgomasters and Schepens allow the deft, copy to answer thereunto on the next Court day. Robbert Watson, pltf. v/s Nicolaas Boot, deft. Pltf. demands from deft, the monthly wages earned by him according to condition and what further is due him, all according to a/c. Deft, says, the pltf. lost his boat — that it was injured in the Virginias by the worms ; demanding damages, also a piece of linen given him. Pltf. denies having received the linen. Deft, says, he'll prove it; bringing forward the witnesses to that purpose, who appearing are asked what they know of the linen ? Whereunto one answers; knows nothing of it; the other says, that he brought the linen on board and laid it in the cabin, but where it remained he knows not. Burgomasters and Schepens refer the matter in question of the one and the other, as to what parties have against each other to Govert Loockermans, old Schepen of this City and Samuel Etsal, to take up the case, to hear and examine parties, to decide the case, to reconcile parties if possible; if not to report their award to the Court. Nicolaas Boot, pltf. v/s Aaltje Mareschalck, deft. Pltf. demands from deft, the freight of five hogsheads of tobacco brought from the Vir- 316 Court Minutes of New Amsterdam. [1663 ginias. Deft, admits the debt ; but says one hogshead is damaged. Pltf. is willing to make good the damage on decision of arbitrators. Burgo masters and Schepens refer the matter in question to Isaack de Foreest and Isaack Greveraat, both old Schepens of this City, to inspect the injured tobacco, to give their opinion thereon and endeavour to reconcile parties ; if not to report to the Court their award. Nicolaas Boot, arrestant and pltf. v/s Tomas Crabbe, arrested and deft. Pltf. says, deft, left his vessel, whereby he suffered damage in his tobacco, because the pump not being worked the tobacco got wet — re questing that deft shall be condemned to make good the same. Deft. denies it and says he pumped enough. The W. Court refer the matter in question to Govert Loockermans, old Schepen of this City, and Samuel Etsal, to take up the case, to hear parties and examine them; to decide the matter and if possible reconcile parties; if not to report their award to the Court. Dirck Janzen from Oldenburgh, arrestant and pltf., Deliverance Lamberton, deft. Pltf. demands, that deft, shall be ordered to give security, pursuant to the order of the Court, dated 13. July last: further to give copy of petition and moreover the freight which Franc* Rombout paid him, which he did not give him. Deft, requires copy of the demand to answer thereto on the next Court day. The W. Court grant the deft, copy to answer thereunto on the last Court day; the attachment re maining meanwhile valid. Willem Doeckles, pltf. v/s Albert Gerrisen, deft. Pursuant to the order of this W. Court dated 2n.d of this month ; deft, produces a declara tion whereby he testifies, that the pltf. was satisfied with Tomas Clabboard regarding the debt due him. Pltf. says, he could not get any payment from Clabboard. Deft, says, the pltf. absolutely accepted it; requesting time to prove it further. The W. Court order deft, to produce his proof within one months time or in default is ordered to satisfy and pay the pltf. Jurrien Jansen van Auweryk, pltf. v/s Jan the Carman, deft. Pltf. says, he has an a/c with deft., by which he still owes deft, four guilders in sewant and that deft, shall have a small tub from him, whereby the debt shall be balanced, and that his wife brought some goods to the defts. wife to be washed, which she cannot get back. Defts. wife appearing 1663] Court Minutes of New Amsterdam. 317 says, the pltf. is sparing of the truth. The W. Court order and decide, that the deft, himself must appear. Joannes Verveelen, pltf. v/s Arent Janzen Moesman, deft. Pltf. exhibits two declarations, whereby he proves, that the defts. dog being mis chievous bit several; concluding that deft, shall be ordered to make good what he suffered by his negro having been bitten by his dog; further pay ment of the surgeon's bill. Vander Cleef appearing instead of the deft. refers him to his declaration produced and says, he is willing to give the dog up to the pltf. Pltf. says, he rejects the declaration, because it is his farmhand who made it; he is also related to him. Whereas the proofs exhibited on both sides were not considered sufficient by the Court, the case is referred by their Worships to Tymotheus Gabry, old Schepen of this City, and Frerick Flipzen, to hear parties regarding their difference, to examine the case and decide it, to reconcile parties if possible, if not to render a report of their proceedings to the Court. Schout Pieter Tonneman, pltf. v/s Joris Dopzen, deft. Deft, in default. Symon Janzen Romein, pltf. v/s Jan Ariaansen, ship carpenter, deft. Deft, in default. Symon Janzen Romein, pltf. v/s Lambert Huybertsen Mol, deft. Deft, in default. Schepen Jacob Strycker, pltf. v/s Mt Kervel, deft. Deft, in default. Joannes Withart, pltf. and arrestant v/s Aart from the Esopus, arrested and deft. Both in default. Nicolaas Boot, arrestant and pltf. v/s Goodwyf Grse, arrested and deft. Deft, in default. Pltf. prosecutes the attachment issued against the deft. The W. Court declares the attachment valid. Jacob Leunizen, pltf. v/s Alexander Stultke, deft. Deft, in default. Jacob Janzen Moesman, pltf. v/s Jacob van Couwenhoven, deft. Deft, in default. Eghbert van Borssum, pltf. v/s Pieter Lucasen, deft. Deft, in default. Denys Isaackzen requests, that execution be issued on the judgment, which he obtained on 2 Octt last against her. Apostille: The Marshal is ordered to proceed with the execution without delay. Tomas Willeth, as attorney of Elia Craemer, Tomas Meinor and Bal- 318 Court Minutes of New Amsterdam. [1663 thazar de Haart, as attorneys of Robbert Louelant, appearing request, as they were allowed on the i i'h Septembt last to collect and take unto them the goods and effects left by Abraham Cromby remaining in the hands of Reinier Rycken, in order to pay those persons, for whom they act, that the aforesaid Reinier Rycken shall be ordered to hand over the same to them, offering to bind themselves as bail and principal for the time of one year six months in case any one more should come forward with a claim against the aforesaid estate, that they shall distribute it to each their pro rata according to just calculation and to satisfy and pay them. Burgomasters and Schepens having considered the petition de cree, that the pltfs. may agree among themselves relative to giving bail as principal — they therefore order Reinier Rycken to give up to them and deliver in payment all the good and effects remaining with him belonging to Abraham Crombey, on condition that the pltfs. shall first execute a bond, and on delivery a receipt in proper form. Monday 22? Octobt 1663. In the City Hall. Present the Heeren P. Tonneman, Paulus Leenderzen van der Grift, Jacobus Backer, Jan Vinge, Jacob Kip, Jacques Cousseau. It is concluded in Court to present the following petition to the Rt Honb!e Director General and Council of N. Netherland. To the Rt Honb!e Director General and Council of N. Netheland. Right Honourable The Schout, Burgomasters and Schepens of N. Amsterdam respect fully represent, that your Honors were pleased one time and another to call as well the Burgomasters in particular as the entire Board of Schout, Burgomasters and Schepens to your Honors Assembly and to lay before them the very dangerous position and situation of the country, as well in regard to the perilous war with the barbarous Esopus nation and their allies, as the menacing anticipations and encroachments of neighbours to gether wtih the already mutinous revolts of some English subjects and that for the prevention and further resistance not only advice, but deeds and means are demanded ; indeed both are highly requisite and necessary. But though your Honors' petitioners both in their corporate as in their individual capacity are so far well inclined and bound to afford 1663] Court Minutes of New Amsterdam. 3J9 your Honors herein the aid of their poor council and small abilities for the benefit of the Common wealth and more especially of this City, yet well considering and observing with your Honors the danger and urgency of the case, though this City is the oldest and most considerable member, your Honors petitioners notwithstanding represent only one member and the danger concerns the Province in general. They, therefore, judge it to be very necessary and advantageous that some Delegates be convoked and called as well from this City as from the other surrounding places and villages, also especially from the town of Beverwyck and Colonie of Rens- selaarswyck to deliberate and consult together under your Honors' wiser direction and higher authority for the good of the commonwealth; And as this cannot be done except by your Honors express order and writ, your petitioners therefore with all humility request (as the ships are about to return to Patria), that your Honors would be pleased to convoke the same as early as possible, so that what may be found most advantageous for the country may then be determined for the general peace, quiet and union. Which doing, We are and remain Your Honors willing and obedient Subjects, Schout, Burgomasters and Schepens of the City afore said, Signed, P. L. van der Grift Lower Stood, By order of the same, Signed, Joannes Nevius Secy. [The following was written in the margin] APOSTIL. Though the Director General and Council of N. Netherland find the request consistent with justice and consider the convocation of the Magis trates mentioned herein as necessary, yet bearing in mind the incon venience of the approaching winter and that the delegates sought as well from the Colonie of Reinselaars Wyck as from the Town of Beverwyck cannot possibly come down and return before the winter, the Director General and Council would find it more convenient to call for the present occasion the Magistrates of the adjoining towns and hamlets, and that what by them, with the knowledge of the Director General and Council, may be proposed and advised for the public good may be in scriptis, to be communicated, should time and circumstances permit, to the Courts of the Colonie of Reinselaars Wyck and of the Towns of Bever Wyck and 320 Court Minutes of New Amsterdam. [1663 Wild Wyck and to hear their advice thereon. Done, Fort Amsterdam in N. Netherland the 26?" Octobt 1663. Signed, P: Stuyvesant Lower Stood, By order of the Honbie Lord Director General and Council of N. Netherland Signed, C. V. Ruyven, Secret. Tuesday, 23? Octobt 1663. In the City Hall. Present the Heeren Pieter Tonneman, Paulus Leendersen van der Grift, Jacobus Backer, Jan Vinge, Jacob Kip, Jacques Cousseau. Schout Pieter Tonneman, pltf. v/s Joris Dopzen, deft. Defts. 2"'1 default. Pltf. demands that deft, shall be ordered to deposit the sum of eighteen guilders fine for having tapped on the day of public prayer, during the first preaching, for three persons, whom he saw, when he knocked at the door, jump over the fence in the rear; moreover to be forbid for one year and six weeks to tap any more or to follow the pro fession of tapping; further a fine of twenty five guilders, for that he had been fighting with a seaman of the ketch named the Providence all with costs. The W. Court condemn the deft, pursuant to the proclamation to deposit the eighteen and twenty five guilders; interdict him provisionally from the trade of tapping, and order the pltf. to summon the deft, again for the next Court day. The Schout, pltf. v/s Mighiel Tades, deft. The pltf. concludes for a fine of eighteen guilders for three persons, whom he saw sitting at defts. house during preaching, with a glass with brandy on the table. Deft. says, he has not tapped and that the glass had always stood there; offer ing to declare on oath that he had not tapped at the time. The W. Court excuse the deft, from the fine on his offering the oath. The Schout Pieter Tonneman, pltf. v/s Lysbet Ackermans, deft. The pltf. demands from deft, the fine of twenty four guilders for having tapped brandy for two soldiers and beer for two Indians on Sunday. Deft, admits having drawn the beer for the Indians; then says that it was- before the sermon and was not aware of the ordinance ; denying to have tapped brandy for the soldiers at the time. The W. Court condemn the deft, in a fine of ten gl'drs. 1663] Court Minutes of New Amsterdam. 321 Tomas Willet, pltf. in case of preference with and against Burgo master Paulus Leendersen van der Grift and Govert Loockermans, as curators of the estate left by Tomas Janzen Mingael dec?, defts. in said case. Pltf. says, there is due him, according to obligation, from the estate left by Tomas Janzen, the sum of three hundred and seventy two guilders in beavers and that Tomas Jansen pledged with him as security for payment, a mortgage obtained by him from Jan Rutgersen Moreau, dated 24 Septt 1660, on his house and lot, claiming by virtue thereof, the privilege of preference. The W. Court having heard parties, weighed and considered the case, decree as the mortgage refers to Tomas Jansen Mingael and the pltf. has no legal conveyance and transfer thereof, that he cannot enjoy any preference in virtue thereof, but come merely in concur rence with others. Tomas Willet, pltf. v/s Reinier Rycken, deft. Pltf. exhibits an ex tract from the minutes dated 16th October, whereby deft, is ordered to give up and deliver in payment to him and Balthazar de Haert the goods and effects belonging to Abraham Cromby and remaining with him ; say ing, that the deft, will give them the goods in payment at the present market price ; and that they maintain, that the goods shall be delivered them at such price as the abovenamed Cromby received them from Daniel van Donck for the tobacco, which he got from him. Deft, says, that Daniel van Donck offered payment long since claiming therefore, that the payment in goods shall be at price current. The W. Court refer the matter in dispute as to the price of the goods to Corn. Steenwyck, old Schepen of this City, and Gerrit van Tright, to decide parties' differences herein and to reconcile them if possible ; if not to report their opinion to the Court. Eghbert van Borssum, pltf. v/s Pieter Lucasen, deft. Pits, wife appearing exhibits a mortgage dated 12* 7"" 1661 for the sum of eleven hundred and fifty guilders arising from a sale of her house and lot lying and being at the Ferry * on Manhattans Island, bought by Albert Jansen van Heemst, and sold back to the deft; demanding therefore payment from the deft, pursuant to the tenor of the mortgage. Deft, says, the * This lot was part of a larger parcel on the East river sold to Govert Loockermans and Cornelis Leendertsen 26 March, 1642. It was conveyed to Egbert van Borsum 15 Oct. 1653. Albany Records, Book H. H., pt. 1 : 49 being described as " a house and VOL. IV.— 21 322 Court Minutes of New Amsterdam. [1663 pltf. ought to have spoken to the aforesaid Albert Albertsen (sic) when he was here — then he undertakes to satisfy it. Burgomasters and Schepens condemn deft, to satisfy and pay the pltf. the contents of the mortgage. Nicolaes Boot, pltf. v/s Lofd Grof, deft. Parties demand commis sioners, in whose presence they may settle the a/cs which they have against each other. Burgomasters and Schepens commission and author ize thereunto Tymotheus Gabry, old Schepen of this City, and Symon Jansen Romein, to inspect the a/cs to hear and examine parties touching lot by Wolphert's valley, now called The Ferry,1' which was at that time located at Peck's Slip. The following is a diagram of this Ferry lot. — O'C. -a 1663] Court Minutes of New Amsterdam. 323 their differences; to decide the difficulties, and to reconcile parties if possible ; if not to report their award to the Court. Symon Janzen Romein, pltf. v/s Jan Rutgerzen Moreaeu, deft. Pltf. demands from deft, forty guilders in seawant. Deft, admits the debt. Pltf. says, that the deft, must have some money from Pieter Lucasen and the same remain with him; requesting to get his payment therefrom. Deft, says, he made that over to Wernaer Wessels. Burgomasters and Schepens order deft, to satisfy and pay the pltf. Dirck Janzen from Oldenburgh, pltf. v/s Deliverance Lamberton, deft. Pltf. requests, that deft, shall answer his demand made against him last Court day. Deft, says regarding the first point, the giving security for the judgment, that he claims not to be bound to do so, as he was pltf. What regards giving copy of petition, says he has not the petition at present nor knows he, where it is and was never spoken to about it. What relates to the freight, which he received from Franpois Rombout, says he has an a/c with Franpois and when it is settled and he must pay Franpois Rombout, he shall pay pltf. his share; he exhibits a copy of an extract of judgment of the Court of Virginia relating the seizure of the pltfs. boat named the Hope. Pltf. demands copy of all and says he pro tests for all costs and damage. Burgomasters and Schepens grant the pltf. copy of all to reply thereunto at the next Court day; persisting meanwhile in their judgment rendered in date 13. July last. Wernaer Wessels, pltf. v/s Otte Gerrits, deft. Deft, in default. Pltf. demands two commissioners to take up the a/c between him and deft. Burgomasters and Schepens order deft, and his guardians to settle with pltf. the a/c, which exists between them, between this and next Monday. Freryck Arensen, pltf. and arrestant v/s Robbert Risdum, arrested and deft. Pltf. demands from deft, one hundred and eleven guilders ten stivers as per a/c. Deft, says, the goods charged against him are too high priced and not good. The W. Court refer the case in question to Lucas Andriessen and Pieter Jacobsen Marius, to take it up, endeavour to reconcile parties, if possible in the action, which they have against each other; if not to report their award to the Court, the attachment re maining meanwhile valid. Nicolaas Boot appearing states, that he received from the Court 324 Court Minutes of New Amsterdam. [1663 Messenger copy of a petition presented by his wife in date 16* Octobt last, whereunto he was ordered to answer by the next Court day; saying he does not intend to proceed by writing. Burgomasters and Schepens refer the matter in question to Govert Loockermans, old Schepen of this City, and Mattheus de Vos, who are commissioned and authorized to hear parties, to examine the case, and to exert every possible means to reconcile parties to each other if possible, to arrange the matter, and not coming to any arrangement, to report their conclusions to the Court. Jan Joghimzen, pilot, and Jurien Blanck, pits, v/s Lambert Barensen, deft. Deft, in default. Pltfs. complain, that deft, calumniated them in the presence of divers persons, when he said, that they, the pltfs., in quality as guardians had stolen and abstracted full three thousand guilders; demanding proof and reparation thereof. Burgomasters and Schepens order the Officer to summon the deft, for the next Court day and to tell him to keep quiet; and order pltfs. to prove their statement on the next Court day. Eghbert Meindersen, pltf. v/s Madaleen Spiers, deft. Pltfs. wife. appearing exhibits a judgment pronounced by this Court against deft., dated 10 July last; demanding payment thereof. Deft, says, she cannot realize the payment ; promising to pay in lime by the last of next week or with seawant in over six weeks. The W. Court order deft, to pay the pltf. Eghbert Meindersens wife appearing produces an a/c accrued in the suit, which he had with Eghbert Beninck, amounting to fourteen guilders thirteen stivers ; demanding payment thereof. Burgomasters and Schepens having examined the a/c decree and order Eghbert Beninck to pay Eghbert Meindersen thirteen guilders fifteen stivers for costs incurred in said suit. Madaleen and Anna Vincent, pltfs. v/s Annetje Antony, deft. Pltfs. complain of having been calumniated by the deft, as a whore and swine,, as per declaration thereof produced. Deft, says, that the pltf. Anna told. her — You are well known in the Esopus. Whereunto she retorted I con sider you a W e as long as you do not tell me what there is against me; and that she Anna Vincent beat her. The Officer rising declares. himself guardian with the adverse party on the point of beating. The W. Court order deft, to prove her statement and order parties on both sides to leave each other unmolested and in peace. 1663] Court Minutes of New Amsterdam. 325 Teunis Tomasen Quick answers the demand of Seletje Arens. The W. Court order copy to be furnished to party, and order parties on both sides personally to appear on the next Court day, bringing with them their pieces documents and intendits. This day, Tomas Willet has appealed to the Rt Honb!e Director General and Council of N. Netherland from the judgment this day pro nounced by the Court of this City between him and the curators of the insolvent estate of Tomas Jansen Mingael. Monday, 29th Oct1. 1663. In the City Hall. Present the Heeren Pieter Tonneman, Olof Stevenzen van Cortlant, Paulus Leenderzen van der Grift, Jacob Strycker, Jacobus Backer, Jan Vinge, Jacques Cousseau. The President having communicated to the Court the petition pre sented on the 22? instant to the Rt Honb!e Director General and Council of N. Netherland and the answer thereunto, states that he has called to gether the Court to conclude, in pursuance to the answer, on the points and articles necessary to be proposed for the good of this Province at the General Assembly to be convoked by the Rt Honb!e Direct.' General and Council ; also to commission by plurality of votes two persons from the Board to attend the Assembly. The points and articles concluded on by the College are these: — Firstly, to demand assistance against the savages. Secondly, the boundaries between us and the English. Thirdly, to send Delegates to Fatherland, to communicate first, to the Lords Majors the demand and the resolve of the Assembly for their assistance; and if the Delegates were not or could not be sufficiently satisfied there, to address themselves to the Lords the High and Mighty States General. By plurality of votes Paulus Leenderzen van der Grift, Burgomaster, and Jacob Kip, Schepen are qualified as Delegates from the Board to the General Assembly to attend the same on behalf of this City and to pro pose their articles and points. Tuesday 30th Octobt 1663. In the City Hall. Present the Heeren, Pieter Tonneman, Olof Stevenzen van Cortlant, Paulus Leendersen van der Grift, Jacob Strycker, Jan Vinge, Jacob Kip, Jacques Cousseau. 326 Court Minutes of New Amsterdam. [1663 Schepen Jacob Strycker, pltf. v/s Schepen Jacques Cousseau, as security for the judgment in the case between the pltf. and Mt Kerver, deft. The pltf. produces the award of arbitrators in the case in question, which he has against Mt Kerver regarding the wages for watching, which his son earned on board the aforesaid Kerver' s bark, persisting further in his demand entered on the 9* instant with and against the abovenamed Kerver. The deft, in quality as aforesaid persist in demand in reconven tion, which Mt Kerver rendered on the date aforesaid against the pltf. and says the work is not completed ; produces to this effect a declaration of Nicolaas Verlett. The pltf. replying says, he rejects the declaration inasmuch as he considers Nicolaas Verlet party; also that Verlett saw by candlelight what he has made a declaration on. The deft, rejoining says, that the question, which the pltf. has with Kerver arose from the work not having been wholly finished. Pltf. demands quick despatch in the case and that the wages may be allowed him. Deft, demands copy of the declaration, made by the Burgomaster Paulus Leendersen vander Grift of what he knows of the matter. Burgomasters and Schepens having heard parties debates on both sides, decree that the deft, in the quality in which he acts, shall satisfy and pay the pltf. the eight beavers wages earned by his son on Mt Kerver' s vessel, and if anything is wanting in the undertaken work, the same to be completed when said Kerver shall return here; saving the further action which parties may have against each other. Joannes Withart, arrestant and pltf. v/s Jan Cornelizen, arrested and deft. Pltf. demands from deft, one hundred and four guilders and six stivers in good stringed M'ampum. Deft, admits the debt, demanding one month and six weeks time when he shall be ready. The W Court con demn deft, to pay the pltf., the attachment remaining meanwhile valid. Freryck Gysberzen vanden Bergh, arrestant and pltf. v/s Willem Doeckles, arrested and deft. Pltf. demands from deft, sixteen guilders nineteen stivers. Deft, says, that he was incited to play for others, who said they should pay in case he lost. Pltf. replies, that the deft, under took to pay; with this view he debited him; demanding that the attach ment be declared valid. The W. Court condemn deft, to pay the pltf. the attachment remaining meanwhile valid. Hendrick Hendrickzen Obe, pltf. v/s Jan Joosten, deft. Pltf. in quality as tutor for the surviving children of Gerrit Hendricksen van 1663] Court Minutes of New Amsterdam. 327 Harderwyck, says he sold to defts. wife a house and lot belonging to Barent Cruytdop, sold by execution conformably to deed and bought by Gerrit Hendricks afores? and sold on the same conditions according to deed of sale made therein, but not signed and that the deft, accepted the sale. Deft, says, he knew not, but the lot on the Strand situate behind the house lot, belonged thereto; and if such did not belong to it, he does not hold to the bargain ; also that another has some claim on the lot lying in the rear of the house. Burgomasters and Schepens order the Road Surveyors to inspect the premises in presence of Burgomaster Oloff Steven sen van Cortlant. Benedict Aarnel, pltf. v/s Dauid Joghimzen, deft. Defts. 2? default. Pltf. demands from deft, balance of obligation forty nine pounds of beaver, also eleven pounds of beaver. The W. Court order the deft, to deposit the eleven pounds beaver with the Secretary of this City. Stoffel van Laar, pltf. v/s Jan Rutgerzen, deft. Pltf. demands from deft, about sixty six guilders. Deft, admits the debt ; saying he cannot realise the payment. Burgomasters and Schepens order deft, to satisfy and pay the pltf. Robbert Watson, pltf. and arrestant v/s Nicolaas Boot, deft, and arrested. Pltf. demands from deft, payment of earned monthly wages, and says meeting the deft, he was struck by him in presence of Claas van Elslant, Court Mesenger; who being heard thereupon, declares to have seen Robbert Watson fall, but why he struck him or whether he has struck him, he knoweth not. Pltf. says, that he had struck him in the face. The W. Court order pltf., as the deft, does not appear, to go to the Schout, and to repair together to Nicolaas Boot's, to settle the matter with him ; the attachment remaining meanwhile valid. Schout Pieter Tonneman, pltf. v/s Joris Dopzen, deft. Defts 3? de fault. Pltf. demands final judgment for forty three guilders, which he demands from deft, for fines, which he imposed on him. Defts. wife de mands in writing postponement of the case, as she is sick and her hubsand is from home, until his return to defend the suit. The W. Court order deft, to satisfy and pay pltf. the forty three guilders, with costs as he has not made an appearance on the three summons. Schout Pieter Tonneman, arrestant and pltf., Nicolaas Boot, arrested and deft. Pltf. demands from deft, twenty five guilders fine for having 328 Court Minutes of New Amsterdam. [1663 struck Robbert Watson. Deft, denies it, demanding proof; saying he only pushed him on the breast. Schout Pieter Tonneman, pltf. v/s Arent Jurriaanzen Lantsman and Aart Martensen Doom, defts. Pltf. demands from defts. each one hun dred guilders fine, for that they fought together so that the blood followed ; according to declaration produced thereof. Deft, denies having fought together, but says they had words together; and Arent Juriaensen Lants man says, that Aart abused him for a son of a dog (voor een hondts longe) which he would not stand. Deft. Aart says, he is not aware of having abused Lantsman. Burgomasters and Schepens having heard parties, condemn the defts. in a fine of twenty five guilders, whereof each shall have to bear half. Daniel Verveelen, pltf., v/s Jacob Janzen Moesman, deft. Deft, in default. Pieter de Nys, pltf. v/s Joghim Beekman, deft. Deft, in default. Jan Rutgerzen, pltf. v/s Hendrick Lamberzen Mol, deft. Deft, in default. Dirck Janzen from Oldenburgh, pltf. v/s Deliverance Lamberton, deft. Deft, in default. Pltf. produces the reply to the verbal answer of deft., dated 23 instant. The W. Court order copy to be furnished to party to rejoin thereunto at the next Court day. Burgomasters and Schepens having considered the award of Govert Loockermans, old Schepen of this City, and Mattheus de Vos, as arbi trators in the case in question between Nicolaas Boot and Merritje Joris, his wife, approve the same and decree, that Nicolaas Boot shall give his wife yearly for her maintenance twelve hundred pounds of good Virginia tobacco on condition that Merritje Joris shall place in his hands under inventory what silver ware she has. Seletje Arens, pltf. v/s Teunis Tomazen Quick, deft. Pursuant to the order of this W! Court dated 23? instant parties produce on both sides their papers, documents and intendit in the suit, which they have pend ing against each other. Burgomasters and Schepens having examined the papers and heard parties ask them, if they will submit their difference to the Court not in their quality as Judges, but as Moderators ? Answer, Yes. Burgomasters and Schepens having therefore further heard parties and considered the matter, give their decision in quality as Moderators, 1663] Court Minutes of New Amsterdam. 329 that Teunis Tomasen Quick shall pay Seletje Arens for drink received the sum of sixty guilders and that parties on both sides shall each pay their own costs. Maria Verlett, widow of Paulus Schrick, demands execution of the judgment, which she has obtained against Wernaar Wessels, dated 4 Septt last. Tuesday, 6th Novt 1663: In the City Hall. Present the Heeren Pieter Tonneman, Paulus Leendersen van der Grift, Olof Stevenzen van Cortlant, Jacobus Backer, Jacob Kip, Jacques Cousseau. Maria Verlet, widow of Paulus Schrick, pltf., Metje Wessels, deft. Pltf. demands from deft, a balance of three beavers according to her hus bands book, exhibiting the a/c in the book. Deft, says, she paid by Jeremias Frericksen, proving it by her book. Whereas the Court does not find by the defts. books, that the payment was made all and entire, she was asked, if she were willing to affirm it on oath ? Answers, Yes, — and knows no better. Burgomasters and Schepens give deft, eight days time to reflect and order deft, in default of further proof or oath to satisfy and pay the pltf. three beavers. Judith Verlet, pltf. v/s Merritje Jacobs, deft. Pltf. demands from deft, pursuant to a/c one hundred and sixteen guilders sixteen stivers and fourteen pennies. Mattheus de Vos as attorney of deft, says, he rejects the a/c; de manding two impartial persons to take up the a/c and case. Burgo masters and Schepens refer the matter in question to Allard Anthony, old Burgomaster, and Govert Loockermans, old Schepen, to take up the a/c, to hear parties, to examine and decide the case and to reconcile parties if possible ; if not to report their award to the Court. Paulus Heimans, arrestant and pltf. v/s Jesyntie Verhage, arrested and deft. Pltf. says, he has ran a long time after her husband for the payment due to him and that he is away. Deft, says, that Johannes Vervelen has kept sixty guilders from her husband and she agreed with him, that she should give him eight guilders for interest for the hundred guilders ; and whereas the debt was contracted before her marriage with her husband, she agreed with all the creditors, that she should pay yearly in diminution of the debt twenty five guilders ; also she has nothing to do, 33° Court Minutes of New Amsterdam. [1663 according to marriage contract, with her husbands debts. Burgomasters and Schepens order deft, to prove by the next Court day, that Joannes Vervelen has retained the sixty guilders from her husband; also to ex hibit at the same time the marriage contract. Lucas Dirckzen, arrestant and pltf., Eghbert Benninck, arrested and deft. Deft, in default. Pltf. says, he has arrested the deft, demanding, that the arrest be declared valid. Burgomasters and Schepens declare the arrest valid. Schout Pieter Tonneman, pltf. v/s Teunis Tomazen Quick, deft. Deft, in default. Schout Pieter Tonneman, pltf., Jurrien Janzen van Auweryck, deft. Deft, in default. Schout Pieter Tonneman, arrestt and pltf., Merritje Joris, wife of Nich* Boot, arrested and deft. Deft, in default. Pltf. demands that the attachment shall be declared valid. The attachment is declared valid. Schout Pieter Tonneman, pltf., Catarina van Laar, deft. Pltf. says, deft, has promised to pay him for her mother twenty five guilders and in addition one pair of shoes. Deft, says, she has no knowledge of the twenty-five guilders ; but she said, if it be about a pair of shoes, my hus band shall make them for you ; and that pltf. accepted them and requests that her mother be not detained from going to Holland. The Court de cree, that the defts. mother may proceed on her voyage and that pltf. shall be satisfied with the shoes, which he has received; dismissing his further demand. Isaack Grevaraat, pltf. v/s Jan van Gelder, deft. Deft, in default. Daniel Verveelen, arrestant and pltf. v/s Joncker Willem, arrested and deft. Both in default. Daniel Verveelen, pltf. v/s Jacob Janzen Moesman, deft. Both in default. Joannes Withart, arrestant and pltf. v/s Elsie van Reuvecamp, arrested and deft. Pltf. in default. Willem Willekes, pltf. v/s Reynier Willemsen, baker, deft. Deft, in default. Benedict Aarnel, pltf. v/s David Joghimsen, deft. Pltf. in default. Jan Ariaansen Duyvelant, pltf. v/s Tomas Fransen, deft. Deft, in default. 1663] Court Minutes of New Amsterdam. 331 Willem Willekes appearing states, that he has been with Reynier Wil lemsen, baker, who promised to satisfy and pay him. Robbert Watzon appearing demands a certificate, that the sails of the vessel of Nicolaas Boot, whereof he was skipper, were brought under attachment from on board to this City Hall. He is ordered to go to the Officer, who shall grant him a certificate thereof. COPY. I, the undersigned, Pieter Tonneman, Schoutus of this City, hereby declare, that in pursuance of the judgment of the W: Court of this City dated 2n.d October last, I removed the sails from Nicolaas Boot's vessel, whereof Robbert Watzon was skipper, as the aforesaid Robbert Watzon has not entered security, pursuant to said judgment, that he should return to this port within fourteen days time with the aforesaid vessel and the freight of tobacco. In witness this is subscribed. Thursday, 8th Novt 1663. In the City Hall. Present the Heeren Pieter Tonneman, Paulus Leenderzen van der Grift, Olof Stevenzen van Cortlant, Jacob Strycker, Jacob Backer, Jan Vinge, Jacob Kip, Jacques Cousseau. The President states, that he and the Burgomastt van Cortlant were with the Honb!e General, who informed them, how necessary it was, that a petition should be presented to the Directors, setting forth the state of this country, on the one side the war with the savages and on the other side the approach of the English. Whereupon it was unanimously de cided in the negative ; but that it were better to present it to the Director General and Council and demand assistance therein, and that an answer be granted to the petition as soon as possible. The President submits: — In case the Director General and Council required the Burgomasters to assist them with their council and action, whether any of the members have any objection ? Whereupon it was unanimously decided, No; but find the same good. He further proposes: whether it be necessary that the commonalty or the principal among them also sign the above mentioned petition — It was resolved in the affirmative. This day, 12 Novt 1663, appears before me, Joannes Nevius, Secre tary, etc. Schepen Jacques Cousseau, who declares to appeal to the Rf 332 Court Minutes of New Amsterdam. [1663 Honb!e Director Genl. and Council of N. Netherland from the judgment pronounced 30th Octobt last, between him in the quality, in which he acts, and the Schepen Jacob Strycker. Tuesday, 13 Novt 1663. In the City Hall. Present the Heeren Pieter Tonneman, Paulus Leenderzen van der Grift, Olof Stevenzen van Cortlandt, Jacob Strycker, Jacob Backer, Jan Vinge, Jacob Kip, Jacques Cousseau. Jan Adriaanzen Duyvelant, pltf., Tomas Fransen, deft. Pltf. says, he gave the deft, three ells of duffels @ seven guilders the ell, for which he was to give him firewood @ sixteen guilders the hundred, free before his door and thereupon he delivered him one load of twenty five pieces and another of twenty five pieces; but that they were all light wood, of which he could easily take away three sticks and speaking to him on the subject, he illtreated him. Deft, says, when the pltf. returns him the wood, he shall return him the duffels. Burgomasters and Schepens having heard parties, decree that the pltf. shall pay the deft, for the wood received eight guilders ten stivers, when the deft, is ordered to restore the pltf. the three ells of duffels received from him. Aaght Jans, pltf. v/s Cornelis Jansen van Hoorn, deft. Pltf. says, her boy had shot a bear, which he tried to put in his boat and that the deft, came by there, who said that he had chased the bear and that the half belonged to him ; forcing him to toss up for who should have the skin which her boy lost; maintaining that the deft, has no right to the skin, but her boy, because he had shot it. Deft, says, he chased the bear and that he was on the one end of the island and the boy shot the bear on the other end ; admits he told the boy to toss up for the skin and that he had eaten half the meat. Burgomasters and Schepens having heard parties, decree that the bear belongs to the boy, as he shot him; but since half the meat has been consumed by the deft, and the pltf. is content with the skin, that the deft, shall deliver up to her the skin of the aforesaid bear. Schout Pieter Tonneman, pltf., Jurrien Janzen van Auweryck, deft. Defts. 2nd default. Pltf. demands from deft, on his own signature forty eight guilders six stivers demanding deposit of the money. The W. Court order deft, to bring the monies in the consignment of this City. Schout Pieter Tonneman, pltf., Teunis Tomassen Quick, deft. Deft. 1663] Court Minutes of New Amsterdam. 333 in default. Pltf. demands from deft, thirteen guilders demanding de posit of the money. The W. Court order deft, to bring the monies within consignment of this City. Willem Willekes, pltf. v/s Reinier Willemzen, baker, deft. Pltf. demands from deft, six beavers. Deft, admits the debt, promises to pay in fourteen days. Pltf. demands in addition payment according to a/c, producing the same. Deft, says, he has paid something to Jan Bon and that they act together. The pltf. further demands, that the costs be made good to him. The W. Court order the deft, to satisfy and pay the pltf. the six beavers within fourteen days; refer the a/c which parties have against each other to Tymotheus Gabry, old Schepen of this City, and Joris Wolsy, to make up and decide the same ; to endeavour to reconcile parties hereupon as well as regarding costs, if possible ; if not, to report their finding to the Court. Tomas Fransen, arrestant and pltf. v/s Joost van der Linde, arrested and deft. Deft, in default. Pltf. demands that the attachment be de clared valid. The W. Court declare the attachment valid. Hans Stein, arrestant and pltf. v/s Cytje van Cleef, arrested and deft. Pltf. demands, that the attachment be declared valid. The W. Court declares the attachment valid. Burgomaster Olof Stevenzen van Cortlandt, pltf. v/s Jan Hendricksen Steelman, deft. Deft, in default. Evert Duyckingh, pltf. v/s Jan Hendrickzen van Gunst, deft. Deft. in default. Freryck Arenzen, pltf. v/s Abel Hardenbroeck, deft. Deft, in de fault. Joris Dopzen's wife appearing states in writing, that the Officer has notified her of the judgment pronounced against her for a fine; that she is not subject to fine as the Officer cannot prove by credible witnesses, what he accuses her of. The writing given in being read to the Officer, he says he will affirm by oath, that what he said and fined her for is true and trustworthy. On which entered writing 'tis ordered — Bur gomasters and Schepens persist by their rendered judgment dated 30* Octob. last and order Joris Dopzen to satisfy and pay the Officer. Tuesday 27th Novembt 1663. In the City Hall. Present the Heeren 334 Court Minutes of New Amsterdam. [1663 Pieter Tonneman, Paulus Leenderzen van der Grift, Olof Stevenzen van Cortlandt, Jacob Strycker, Jacob Backer, Jan Vinge, Jacob Kip, Jacques Cousseau. Willem Willekes, pltf. v/s Reinier Willemzen, baker, deft. Deft, in default. Pltf. produces the award of arbitrators dated 19* Novemb'. last regarding the a/c in question between him and the deft, to the effect, that the deft, owes the pltf. as they find, thirty skepels of wheat @ three guilders the skepel in beavers, and further seventeen and a half skepels rye @ two guilders ten stivers the skepel also in beavers, with which the mill a/c at Gravesend corresponds; and as regards the costs, that they are paid by them; also the pltf. demands that the deft, be condemned herein. The W. Court having seen the aforesaid award approve the same, condemning the deft, to satisfy and pay the contents thereof; and decree, that the deft, shall satisfy and pay the costs accruing from the date of the aforesaid award. Freryck Arenzen, pltf. v/s Abel Hardenbroeck, deft. Pltfs. wife ap pearing says she sold deft, a hide weighing fifty pounds @ three and a half stivers the pound in beavers, demanding payment thereof. Deft. demands, that Freryck Arenzen himself shall appear, and says he con tracted with him for work before he bought the hide and purchased the hide on the contracted work; offering to pay the overplus and that Adriaan van Laar and Pieter Jansen Schol were present at the bargain. Burgo masters and Schepens decree, that Frerick Arensen must appear in person. Dirck Siecken, pltf. v/s Frerick Arensen, deft. Deft, in default. The W. Court decided, that the deft, must appear himself; postponing the cause with that view. Hendrick Janzen, baker, pltf. v/s Evert Dircksen van As, deft. Deft, in default. Samuel Edsal, pltf. v/s Cornelis Steenwyck, deft. Pltf., as attorney of Thomas Hunt, testamentary executor of Jan Freyer, demands in said qual ity from the deft, the sum of fifteen pounds sterling for earned monthly wages in the ship Nathaniel belonging to Jeems Mills, sold by execution and purchased by deft. Deft, says, the obligation executed by him in Court for payment of the same remains in this City Hall, and that the pltf. ought to have applied to the Court; then if he were orderd to satisfy and 1663] Court Minutes of New Amsterdam. 335 pay the same, he should do so. Burgomasters and Schepens allow the pltf. the obligation and order deft, to satisfy and pay the pltf. in his quality, on condition that he give a discharge for the receipt and deliver the obligation over to the deft. Cornelis Steenwyck, pltf. v/s Anneken Rysens, widow of Solomon La Chair, deft. Pltf. demands from deft, one hundred and fifty seven guilders ten stivers in sewant and twenty guilders in beavers, on con dition of deducting what defts. deceased husband earned from him by writing; demanding judgment for the balance. Deft, admits the debt, offers to pay as soon as possible; making known her inability for the present. Burgomasters and Schepens condemn the deft, to satisfy and pay the pltf. the demanded sum on condition that what her deceased husband earned from the pltf. by writing shall count as payment. Maria Verlett appearing produces a petition, wherein she requests that the monies due her by Schepen Jacob Kip and attached with him by Isaack de Foreest, may be released from attachment, as she cannot obtain any settlement of a/c from said de Foreest. Apostille: — Before the monies herein mentioned are released from attachment the W. Court de cree, that parties shall come to a settlement of a/cs with each other, appointing for that purpose Cornelis Steenwyck, old Schepen of this City, and Gerrit van Trigh, in whose presence before the Schepen Jacobus Backer, parties shall have to make up and settle their a/cs and the arbi trators are authorized to hear parties relative to their a/cs, to examine the case, to reconcile parties if possible; if not to report to the Court their award. Joannes Verveelen appearing and with him Burgomaster Oloff Steven sen van Cortlant, interested in Barent Cruytdop in consequence of the mortgage thereof in their hands, request that the monies arising from the sale of the said Barent Cruytdops house and lot, sold by execution, may be collected by the Vendu Master and Marshal and deposited in this City Hall. Burgomasters and Schepens order the Vendu Master Joannes Nevius and the Marshal Mattheus de Vos to demand, collect and receive the abovementioned monies, and bring them in consignment to this City Hall by the earliest opportunity. Maria Verlett, widow of Paulus Schrick, appearing states, she has come in order to learn, whether Metje Wessels has confirmed by oath, 336 Court Minutes of New Amsterdam. [1663 pursuant to the order of the Court of this City dated 6th Novembt last, that she has satisfied and paid her arrears to Paulus Schrick dec? or his widow through Jeremias Frederick; And whereas Burgomasters and Schepens have not sat during fourteen days, nothing has been done therein, the Court Messenger is therefore sent by their Worships to Metje Wessels to order her appearance in Court ; returning he reported that she could not attend. Henry Bresar, pltf. v/s Dirck Clazen Pottebacker, deft. Deft, in de fault. Pits, wife appearing complains, that defts. hogs break through her fence,* requesting that this may be provided for, as she suffers great loss thereby and one of her. children must constantly be in attendance. Burgomasters and Schepens commission and authorize Abraham Ver planck and Jan Hendricksen Stelman to make ocular inspection of the fence in presence of Schepen Jan Vinge, whether the same be in good order or not and to dispose absolutely of the case, as they shall think proper. Claas Gangelofzen Visser, pltf. and arrestant, v/s Aaltje Mareschalck, arrested and deft. Deft, in default. Pltf. demands that the attachment be declared valid. The W. Court declare the attachment valid. Dirck Janzen van Deventer, pltf. v/s Tomas Hal, deft. Deft, in default. Isaack de Foreest appearing demands execution of the judgment, which he has obtained from the W. Court of this City against Andries Joghemsen dated 16?1 Octobt last; or payment thereof. Andries Joghem- zen's wife appearing exhibits a mortgage against Claas Clasen van Baren for a claim, which she has on the said Claas Clasen for the sum of two hundred and forty four guilders in beavers with the interest thereon @ ten per cent, which aforesaid sum and interest the aforesaid Claas Claasen promised to pay in the month of June A° 1664; requesting there fore that the abovenamed Foreest shall so long have patience for the pay ment. Whereupon the abovenamed Isaack de Foreest says he cannot do * The properties of these parties adjoined each other. Breser had 33 acres near Franklin Square and Pottebacker (the potter) was his neighbour on the East, his land extending further East to Skipper Louw, afterwards Hughsens, Point near the present junction of Cherry and Roosevelt Streets. Valentine, Manual, 1861, p. 595 : Hoffman, Estate and Rights, ii., 230. 1663] Court Minutes of New Amsterdam. 337 so, as it is orphans property ; also that he has waited full long ; persisting in his demand. Burgomasters and Schepens having considered the mat ter, order, with consent of the abovenamed Isaack de Foreest, that the aforesaid Andries Joghimsen's wife satisfy and pay, within the term of four consecutive weeks unto the abovementioned de Foreest the difference between what he, Isaac de Foreest, claims and the produced mortgage against Claas Claasen abovenamed or that execution shall be issued in de fault thereof. Lauwerens Cornelizen van der Wei appearing demands payment due a boy, over whom he has authority, for monthly wages earned from Tomas Jansen Mingael according to a/c. producing the same. Burgomasters and Schepens decree, that he must settle with the curators of the insolvent estate of Tomas Jansen Mingael dec? before he can receive the monies. Jacobus Kip demands execution against Jan Rutgersen in quality as ' bail of his son, according to the tenor of the bailbond dated 22? Octobt 1659, passed before the Secretary Joannes Nevius, and that pursuant to judgment obtained against Rutgert Jansen in date i6'.h January last. The W: Court order the Marshal to execute these. Hester Douzen or Pieter Tonneman on her behalf, demands execu tion of the judgment obtained by her against Dirck Claas Pottebacker, dated 25* Septt last. The Marshal is ordered to execute these. Stoffel van Laar demands execution of the judgment, which he ob tained against Jan Rutgersen, dated 3o'.h Octobt last. The Marshal is ordered to put these in execution. Tuesday, the 4* Decembt 1663. In the City Hall. Present the Heeren Pieter Tonneman, Paulus Leenderzen van der Grift, Olof Steven zen van Cortlant, Jacob Strycker, Jacobus Backer, Jan Vinge, Jacob Kip. Schout Pieter Tonneman, pltf. v/s Jurrien Jansen van Auweryck, deft. Defts. third default. Pltf. demands, that deft, shall be definitively condemned to pay him the sum of forty eight guilders six stivers accord ing to his own hand writing. Burgomasters and Schepens condemn deft. ex contumaciam to satisfy and pay the pltf. the demanded forty eight guilders six stivers. Schout Pieter Tonneman, pltf. v/s Jacob Vis, deft. Pltf. demands from deft, one hundred and twenty guilders according to contract. Deft. VOL. IV. — 22 338 Court Minutes of New Amsterdam. [1663 says, he has nothing against it and that he placed a lease in the pltfs. hands, from which he should receive his pay. Pltf. replying says, he has not received anything from it. Burgomasters and Schepens condemn the deft, to satisfy and pay pltf. according to his contract. Dirck Janzen van Deventer, pltf. v/s Tomas Hal, deft. Pltfs. wife appearing demands from deft, payment according to hand writing, for the sum of six hundred and fifty three pounds net of tobacco, loaned him to be repaid in brandy within the term of three or four weeks. Deft, admits the debt; requests fourteen days' time to pay the pltf. The W: Court order deft, to satisfy and pay the pltf. within fourteen days time. Hendrick Jansen van der Vin, pltf. v/s Reir ;er Willem, baker, deft. Pltf. demands from deft, fifty nine guilders in beavers, from which he must reimburse to deft, sixty nine guilders ten stivers seawant, as per a/c exhibited in Court. The a/c being read to deft., he says he has nothing to object, except against the item of linen, which the pltf. charged too high; undertaking to prove so. The W. Court order deft, to prove his assertion at the next Court day. Hendrick Jansen van der Vin, pltf. v/s Jan Teunizen, deft. Pltf. demands from deft, fifty one guilders in seawant. Deft, produces certain a/c of what the pltf. had from him, amounting to the sum of twenty two guilders seven stivers, demanding time to pay the balance, as he is unable to do so at present. Pltf. appearing says, he will give the deft, six weeks time. The W. Court order deft, to satisfy and pay pltf. within six weeks time, the sum of eight and twenty guilders thirteen stivers. Freryck Arenzen, pltf. v/s Abel Hardenbroeck, deft. Pltf. demands from deft, payment of a hide, weighing fifty pounds, @ three and a half stivers the pound in beavers. Deft, says, he did not buy the hide for beavers, but for beaver value, producing to that effect a declaration of three witnesses. Pltf. replying says, that deft, gave him for the hide an order for beaver on Allard Anthony, Metje Wessels and Hendrick van der Wal's widow, from neither of whom he could receive one beaver. Deft, admits it, offering again to give an order on Hendrick van der Wal's widow. The W. Court order deft, to give another order to pltf. on van der Wal's widow. Hendrick Janzen van der Vin, pltf. v/s Teunis Tempelier, deft. Deft, in default. 1663] Court Minutes of New Amsterdam. 339 Caspar Steimits, pltf. v/s Antony de Milt, deft. Deft in default. Jacobus Vis, pltf. v/s Paulus Heimans, deft. Deft, in default. Balthazar de Haart, pltf. v/s Samuel Etsal, deft. Deft, in default. Joannes Nevius, as Vendu Master, demands execution of the judg ment, which he obtained in date n Septt last, against Tymotheus Gabry; with costs. The Marshal is ordered to execute these forthwith, with costs. Schout Pieter Tonneman demands execution of the judgment, which he obtained against Joris Dopzen dated 30th Octt last. The Marshal is ordered to execute these. Seletje Arens demands execution of the judgment, which she obtained against Teunis Tomass&L, dated 30th Octobt last. The Marshal is ordered to execute these. Pelgrum Clocq, appearing requests by petition that the suit between him and Jacob Vis may be disposed of. Whereunto it was answered the case will be attended to. Tuesday, n* Decembt 1663. In the City Hall. Present the Heeren Pieter Tonneman, Paulus Leenderzen van der Grift, Olof Stevensen van Cortlant, Jacob Strycker, Jacob Backer, Jan Vinge, Jacob Kip. Schepen Jacop Kip, arrestant and pltf. v/s Adriaan Post, arrested and deft. Pltf. demands from deft, a balance according to a/c of fifteen guilders in corn ; and further, as attorney of Albert Cornelis" Wantenaar, the sum of eight and forty guilders fourteen and a half stivers in seawant, demanding that the attachment shall stand good until he shall have paid him, with the interest of the demanded-fifteen guilders. Deft, admits the debt, promising to pay within the time of two or three weeks the fifteen and eight and forty guilders and fourteen and a half stivers. The W. Court condemn the deft, to satisfy and pay the pltf. the sum demanded in his individual capacity and in his quality as attorney ; declaring mean while the attachment so long valid. Hendrick Janzen van de Vin, pltf. v/s Teunis Tempelier, deft. Pltf. demands from deft, one hundred and thirteen guilders ten and a half stivers in seawant and eighty six guilders in beavers. Deft, produces a counter a/c saying, that the pltfs. a/c is made up somewhat irregularly. Burgomasters and Schepens refer the matter in question to Isaack Greve raat, old Schepen of this City, and Gerrit van Tright, to take up the a/c 34° Court Minutes of New Amsterdam. [1663 of parties, to debate the same, to hear and examine parties, and to en deavour if possible to reconcile them ; if not to report their award to the Court. Hans Stein, pltf. v/s Bruyn Huybertzen, deft. Pltf. demands from deft, twenty two guilders seven stivers in seawant. Deft, admits the debt, demanding fourteen days time. The pltf. allows the deft, fourteen days time to pay. The W. Court order the deft to satisfy and pay the pltf. within fourteen days time. Freryck Arenzen, pltf. v/s Abel Hardenbroeck, deft. Pltf. says, deft, offered him a rotten beaver, demanding that he shall be condemned according to judgment of the 4* of this month to give an order on the widow of Hendrick van der Walle and to pay the costs incurred herein. Defts. wife appearing says, she let the pltf. know by her boy, that if he required the beaver now, she would give an order of the widow van der Walle. Burgomasters and Schepens order deft, to satisfy and obey the judgment dated 4* aforesaid and decree that parties on both sides shall bear their costs incurred herein. Caspar Steimits, pltf. v/s Antony de Milt, deft. Pltf. demands from deft, fifty guilders attached with him for lime delivered at Slingerlands house, bought from the deft. Deft, says, he must first see, whether it be to the good and that a settlement must first be had with the curators of Pieter Jansen, the mason's, residuary estate. Burgomasters and Schepens declare the attachment valid. Margriet je de Vries, pltf. v/s Elsie Barens, deft. Pltf. demands from deft, fifteen guilders for room-hire. Deft, says, that pltf. used the room more than she and let her off for twelve guilders rent and that she offered her eight. Pltf. says, she did so, in order not to come before the Court. Burgomasters and Schepens order deft, to pay pltf. ten guilders for room-hire. Reinier Willemzen, baker, appearing produces pursuant to order dated the 4* of this month a written testimony of Pieter Symonsen, who declares to have received at Hend't Jansen van der Vin's house fl. 35. on a/c of him, the party appearing. The W. Court order the evidence pro duced to be communicated to Hendrick Jansen. Schout Pieter Tonneman, pltf. v/s Hendrick Lambertsen Mol, deft. Deft, in default. 1663] Court Minutes of New Amsterdam. 341 Jacob Vis, pltf. v/s Anneken La Chair, deft. Deft, in default. Jacob Vis, pltf. v/s Paulus Heimans, deft. .Defts. 2? default. Pltf. demands from deft, two hundred and sixty six stivers. The W. Court decrees, that before disposing of the case, the pltf. shall exhibit the last acte against the deft. Balthazar de Haart, pltf. v/s Samuel Etsal, deft. Both in default. Aret Jurriaensen Lantsman, pltf. v/s Albert Alberzen, deft. Deft. in default. Hendrick Janzen, baker, pltf. v/s Evert Dirckzen van As, deft. Deft, in default. Ariaan van Laar, pltf. v/s Lodowyck Pos, deft. Deft, in default. Wernaar Wessels demands by petition postponement of execution of the judgment, which Maria Verlett, widow of Paulus Schrick, obtained against him on the 4* Septt last, for the space of six weeks, when he promises to satisfy and pay the aforsesaid Maria Verlett the thirty two beavers, wherein he is condemned, in good leaf tobacco on the valuation of arbitrators, or in seawant, as at this conjuncture he should have to suffer great loss by the Marshal selling the brewery. Apostille: Burgo masters and Schepens taking into consideration the circumstances of the times, also the petitioners request, grant and allow the petitioner the six weeks asked for in postponement of the execution of the judgment herein mentioned, provided petitioner enter two sufficient securities, that he shall satisfy and pay Maria Verlett, widow of Paulus Schrick, the success ful party, within the aforesaid six weeks. Hendrick Hendricksen Obe, curator and guardian over the children and goods left by Gerrit Hendricks van Harder Wyck, appears in Court and with him Hans Dreper; the abovenamed Hendrick Obe requesting, that Hans Dreper shall declare, whether he have any right or pretence to the lot situate behind the house and lot of Barent Cruytdop (sold by exe cution) on the shore of the North River purchased by the aforesaid Cruytdop from the City and paid for. Whereupon Hans Dreper declares, that he has no right or pretence to the same and that Barent Cruytdop's wife gave him only a mere bill of survey, but no deed of conveyance. The W. Court decree, that the aforesaid lot shall belong to the lot of the aforesaid Barent Cruytdop, sold by execution, as the Burgomasters de clare 'twas sold him for the advantage of his lot and by him paid for; on 342 Court Minutes of New Amsterdam. [1663 condition that the estate of Gerrit Hendricks van Harderwyck shall re imburse the monies, which Barent Cruytdop gave for it. Hendrick Willemsen, baker, appearing demands execution of the judgment, which he obtained in date 3? July last against Warnaer Wessels. The bailiff is ordered to execute these. Cornelis Steenwyck being sent for to Court, appearing was informed, that pursuant to their unanimous resolution he is requested by the Gen eral Provincial Assembly to proceed to Fatherland as Delegate from this Province, to lay the deplorable and sorrowful condition of this Province before the Directors with petition for redress pursuant to the writings to be given him therewith; and whereas the ship the Gilded Star lies ready to sail, he was requested to get himself ready, to repair thither in her in the aforesaid quality. To which request he answered, his circum stances at present did not permit it and that he is expecting one or two ships and that he intends to depart with them in March or April of the spring for Holland, offering to do then all that lies in his power for the good of this Province. Tuesday, 18'!1 Decemb. 1663. In the City Hall. Present the Heeren, Pieter Tonneman, Paulus Leenderzen van der Grift, Olof Stevenzen van Cortlant, Jacob Strycker, Jacob Backer, Jan Vinge, Jacques Cousseau. Schout Pieter Tonneman, pltf. v/s Jan Meinderzen, cartman, deft. Pltf. says, that he fined the deft, through Resolueert Waldron for having stood and worked at his cart last Sunday. Deft, says, he merely took a pin out of his cart through fear, that the boys should otherwise ride his cart to pieces. Burgomasters and Schepens excuse deft, from the fine, reprimanding him ; and order him to look, that he do not perform any work on Sunday. Schout Pieter Tonneman, pltf. v/s Francois Allard, deft. Pltf. says, that Resolved Waldron fined the deft, because he cut wood last Sunday. Deft, says, he did so to kindle the fire and to make it burn, as the children complained of the cold, shewing his fore finger in consequence of which he was unable to cut any wood. The W. Court excuse the deft, from the fine and charge him not to do so again ; reprimanding him. Schout Pieter Tonneman, pltf. v/s Albert Trompetter, deft. Pltf. 1663] Court Minutes of New Amsterdam. 343 says, that the deft, was met last Sunday by himself and Resolveert Waldron, with an axe on his shoulder and he entered a fine against him. Deft, admits it, saying he cut only a little stick for a bat for his child; shewing it. The Court excused the deft, from the fine and repri manded him ; further charged him not to presume any more to work on Sunday. Schout Pieter Tonneman, pltf. and arrestant v/s Albert Alberzen, arrested and deft. Pltf. demands from deft, fifty guilders heavy money, or one hundred guilders light money for beating and pushing the pregnant wife of Arent Jurriaansen Lantsman, also for fighting with Lodowyck Pos; cum expensis. Deft, denies it, producing in his defence a counter declaration and says that he was struck first and must defend himself. The Officer undertakes to prove his assertion demanding copy of the declaration and that the attachment against the defts. person be declared valid. Deft, says, that Lodowyck Pos came to him in the street and asked him if he struck and pushed his daughter ? To which he answered, No ; yet he fell on and struck so that he must act on his defence. The W. Court order the Officer to give further proof of his statement; he is allowed copy of the declaration and the attachment is pronounced valid. Schout Pieter Tonneman, pltf. v/s Maria de Trux, deft. Pltf. con cludes that the deft, shall be condemned in a penalty of eighteen guilders heavy money, or thirty six guilders light money, for that he, the pltf., and Resolueert Waldron found last Sunday at defts. house one Lambert Barensen and that Teunis Tomassen Quick lay asleep by the fire drunk ; also that Maatseuw's mate was met coming quite drunk from defts. house; concluding further for a fine of fifty guilders because she, deft. , does not have her chimney fixed, whereby great fire and danger may occur; all this with costs. Deft, denies having tapped for any one else, than Lam bert Barensen and his wife and only three pints and that such occurred after the second preaching; saying further, that Teunis Tomassen Quick came to her house when drunk and lay down there to sleep; and as re gards the chimney she says, she has as much lime and stone ready as she could get. Burgomasters and Schepens condemn deft, in a fine of eighteen guilders in zeawant for having tapped on Sunday and order her to have her chimney made up as soon as possible. 344 Court Minutes of New Amsterdam. [1663 Schout Pieter Tonneman, arrestant and pltf., Francois de Bruyn, arrested and deft. Deft, in default. Pltf. demands, that the attachment be declared valid. The W. Court declare the attachment valid. Arent Jurriaansen Lantsman, arrestant and pltf., Albert Alberzen, arrested and deft. Pltf. demands from deft, a balance yet of nine and a half skepels of maize with costs for and on a/c of ninety four and one half pounds of tobacco. Deft, denies the debt, saying he has paid. Burgomasters and Schepens having heard parties on both sides, ask them if they will submit their case to them not as Judges, but as Moderators. Whereunto they answer, Yes. Thereupon Burgomasters and Schepens give as their award, that Albert Albertsen shall pay Arent Jurriaansen Lantsman six schepels maize on condition of keeping his cloth. Jacob Keren, pltf. v/s Lodowyck Loockeman, deft. Pltf. says, he bought from deft, a cow, which he could not pay for, and he gave deft. twenty four guilders, and that they submitted their question to arbitrators, chosen on both sides who gave for award, that he should pay deft, for the use of the cow twelve guilders and as he gave deft, twenty four guilders, he demands restitution of the other twleve. Deft, denies that he sub mitted his case to arbitration. The W. Court order pltf. to prove that the deft, submitted the question between them both to the decision of good men. Nicolaas de Meyer, pltf. v/s Hendrick Janzen, baker, deft. Deft. in default. Hendrick Janzen, baker, pltf. v/s Evert Dirckzen van As, deft. Pltf. in default. Adriaan van Laar, pltf. v/s Lodowyck Pos, deft. And whereas deft. is sick, the default is excused. Bruyn Huyberzen, pltf. v/s Rem Janzen, smith, deft. Deft, in default. Willem Janzen, pltf. v/s Roelof Janzen van Meppelen, deft. Deft. in default. Gerrit van Tright, pltf. v/s Burgomaster Olof Stevenzen van Cort lant, deft. Pltf., as curator over the estate left by Elmerhuyzen Cleyn, demands discharge from his curatorship and power to distribute among the creditors according to the circumstances of the estate; that the deft. shall affirm under oath the justice of his claim against the aforesaid estate. 1663] Court Minutes of New Amsterdam. 345 The deft, declares the debt is just and will so maintain it at all times. Pltf. says, he is satisfied with the pltfs. statement. Gerrit van Tright, pltf. v/s Cornelis Steenwyck, deft. Pltf. in quality as above demands that deft, pursuant as before, shall prove by oath the justice of his claim. Deft, exhibits a notarial obligation of the debt. Pltf. declares himself satisfied. Gerrit van Tright, pltf. v/s Maria Verlet, widow of Paulus Schrick, deft. Pltf. in above quality demands, that deft, shall verify by oath, what she claims from the estate left by Elmerhuyzen Clein. Deft, ex hibits an obligation under his hand. Pltf. says, he has nothing to object. Gerrit van Tright, pltf. v/s Wernaar Wessels, deft. Pltf. in quality as before demands, that deft, shall affirm under oath his claim against the estate left by Elmerhuyzen Clein. Deft, produces an a/c, wherein he states, that there is still due him from the estate aforesaid, one hundred and twenty as well fox as wild cat skins; offering to affirm the same on oath, if necessary and when demanded. Pltf. says, he has neither fox nor wild cat; offering to pay the value thereof at what they are worth, when the debt is to be paid. Deft, says, he is not satisfied with that ; maintains he must be paid according to the price at present. Gerrit van Tright, pltf. v/s Bartholdus Maan, deft. Pltf. in quality as before demands, that deft, shall affirm under oath his a/c, which he brings in against the estate of Elmerhuysen Clein. Deft, offers to do so. Pltf. expresses himself satisfied with the offer. Gerrit van Tright, pltf. v/s Freryck Flipzen, deft. Pltf. in quality as before demands verification of defts. rendered a/c against the estate left by Elmerhuysen Clein. Deft, says, he took it from the book of Pieter Rudolfus. Pltf. asks, if it has not been paid ? to which deft, says, he cannot find so by the books. Then, as Lucas Dircksen was the special friend of Elmerhuysen and if anything be paid, he will know it cer tainly; whereupon Lucas Dircksen being called in declares he has no knowledge of it; then says, he well knows, that Elmerhuysen had some elk hides at Pieter Rudolfus, some of which Pieter Rudolfus received, but cannot say, whether these were in payment or not. Pltf. maintains, that it is strange, if Pieter Rudolfus had not received any payment from Elmerhuysen the last time he was here, that he should not have demanded some obligation from him. Whereas the matter in question is obscure, 346 Court Minutes of New Amsterdam. [1663 Burgomasters and Schepens decree, that it be postponed until further ex planation be offered, and that Gerrit van Tright, meanwhile, shall retain according to the condition of the estate as much as should belong to deft. according to his claim. Gerrit van Tright, pltf. v/s Lucas Dircksen, deft. Pltf. produces an a/c against deft, saying, that deft, has an a/c against it. The a/c against him being read to deft, he denies some items, demanding from deft, in quality as aforesaid eighty guilders in seawant for divers goods lent him and eighty guilders for trouble and provisions, in beavers; also four beavers in addition, balance of a/c. Burgomasters and Schepens to con clude, decree that parties shall have to settle with each other. Hendrick Jansen van der Vin and Reinier Willemsen, baker, appear ing, Reinier exhibits in writing pursuant to the order of the Court of this City, dated 4?1 Decemb'- last, proof of the matter in question between both; of which Hendrick Jansen van der Vin demands copy, which is allowed him by Burgomasters and Schepens to bring into at the next Court whatever he may have against it. Tymotheus Gabry and Lysbet Pieters appearing, Tymotheus Gabry demands, that Lysbet Pieters or her husband shall be ordered to satisfy and pay the assignment accepted by her. Lysbett Pieters answers, that after having accepted the assignment, she found that she had paid the debt from which the assignment arose ; maintaining that she is not bound to pay the same twice. Burgomasters and Schepens order Lysbet Pieters or her husband to satisfy and pay Tymotheus Gabry the accepted order, on condition of holding his guarantee, where she shall deem proper. Schout Pieter Tonneman demands execution on the judgments, one dated 23? October against Lysbet Ackermans and two dated 4l.h Decemb' of this year against Jurrien Jansen van Auweryck and Jacob Vis. On which is ordered: — The Marshal is ordered to put these in execution. END OF VOLUME IV.