Document: Agreement between Capt. Jeremiah Clerk and Jan Doomer about the payment of a note given by Doomer in favor of Capt. Clerk

Holding Institution
Document ID
NYSA_A0270-78_V2_158a
Description

Discharge of John Doomer, for a note given by him for £16 stg., to capt. Jeremiah Clarke, for which he was sued by capt. Smith, at the Manhattans. [1647]

Document Date
1647-06-19
Document Date (Date Type)
1647-06-19
Document Type
Document Type Unlinked
Discharge | Agreement

Translation
Translation

This day, date underwritten, in the presence of Davit Provoost and Jan Trockmarten, witnesses hereto, Captain Jeremias Clerck and Jan Domer amicably agreed and covenanted in the manner and on the terms hereinafter written. Whereas Jan Domer signed at Boston a note dated the first of September 1646, in favor of the aforesaid Jeremias Clercq, amounting to sixteen pounds sterling, and was sued by Captain Smith in Fort Amsterdam on the island of Manhatans for payment of said note, with the result that he, Domer, was condemned by the director and council of New Netherland to pay Captain Smith five pounds sterling, six shillings, leaving a balance of eleven pounds; therefore, the parties above mentioned have agreed that the aforesaid five pounds, six shillings, shall be paid in cash by Domer, with the express stipulation and agreement that neither Captain Clercq, nor Captain Smith, nor any one else in the world in their names, shall have a right to call upon the said Jan Domer in any part of New England, Virginia, or elsewhere for the aforesaid balance of £11 sterling, or to attach his person, bark, merchandise or crew who accompany him. Therefore he, Jeremias Clercq, from now on annuls and cancels the aforesaid note as if it had never been made or written and shall endeavor to recover the balance of the money from Captain Smith, with the understanding that if said Smith does not pay him, Clercq, that he, Clercq, retains his right of action against Jan Domer for the eleven pounds sterling, but that he shall not be allowed to trouble or molest, much less to sue him in any place in America except only on the island of Manhatans before the honorable general and council there residing. It shall also be endorsed on the note that the same is annulled by Captain Clercq in all parts of New England, Virginia and so forth; only, in case he be not paid by Smith afore mentioned, he may prosecute his right of action and claim in Fort Amsterdam in New Netherland. Thus done and signed by parties in the presence of the subscribing witnesses, the 19th of June 1647, in New Amsterdam.

Jeremy Clerk
Jan Doomer
John Throckmortayn
Cornelis van Tienh.

References

From the collections of the New York State Archives, Albany, New York.  https://www.archives.nysed.gov/  

Translation link see: http://iarchives.nysed.gov/xtf/view?docId=tei/A0270/NYSA_A0270-78_V2_158a.xml

Published bound volume is also available: Translation: Scott, K., & Stryker-Rodda, K. (Ed.). New York Historical Manuscripts: Dutch, Vol. 2, Register of the Provincial Secretary, 1642-1647 (A. Van Laer, Trans.). Baltimore: Genealogical Publishing Co., Inc.: 1974.

Copyright to the published bound volume is held by the Holland Society of New York.
A complete copy of this publication is available on the
New Netherland Institute website.

Document Location