[Text from NYC-RNA_v1_bk4_524 thru 530. Presented here for continuity. NAHC]
Monday, 6th March, 1656. In the City Hall. Present the W. Heeren Cornelis van Tienhoven, Oloff Stevensen, Allard Anthony, Jacob Strycker, Jan Vinje, Will Beeckman, and Hendrick Kip.
Cornelis van Tienhoven, in quality of Schout of this City, pltf. v/s Rendel Huwit, deft. Deft's wife appears in Court, as her husband is absent. Pltf. says, that deft. has tapped and has had fellows in her house, after bell ring. Requests that she be condemned according to the Placard in the fine therein enacted, and be deprived of her business. Deft. says, she was ignorant of such order, and has obeyed it since she was warned by the officer's deputies. And whereas pltf. has not the aforesaid placard here with him, it was ordered that he shall produce it on the next Court day.
Cornelis van Tienhoven, in quality of Schout of this City, pltf. v/s Hans Styn, deft. Pltf. says that deft. has tapped on Sunday during Divine Service, and that the people had been fighting in his house, and wounded each other as appears by the blood which was found there. Requests that his business shall be stopped, and he be condemned in the fine enacted in the Placard. Deft. acknowledges to have tapped on Sunday, but for none except strangers, who come to eat their usual Sunday meal without having been drunk, or having, to his knowledge, been fighting, or wounded each other. The Court orders, that the officer shall exhibit at the next meeting the ordinance hereunto enacted, when disposition shall be made of this case. Meanwhile deft. is to pursue his business.
Same pltf. v/s Soloman Lascheer, deft. In the case of deft. tapping after the evening bell. Deft. acknowledges, that there were people, but shews by divers declarations that he would not tap for any person after bell ring. Therefore the pltf's demand is dismissed.
[End of 524]
[Begin 525]
Jacob Steendam, pltf. v/s Solomon Lascheer, deft. Pltf. demands payment of a quarters rent. Deft. acknowledges to have lived one quarter in pltf's house, but says it was not delivered tight nor in good order. Insists, therefore that he does not owe full rent. Parties being heard, the Court has referred the matter in dispute between them to two arbitrators, to wit—Hendrick Willemsen, baker, and Tomas Lambertsen, who are hereby authorized if possible to reconcile the parties or to report in writing to the Court.
Jacobus Backer, pltf. v/s Catrina de Silla, deft. Pltf. rendering his demand in a written memorial, being for difference of 27 beavers, which are either good or bad. Deft. answers in writing. Therefore the Court orders, that copies shall be mutually rendered to parties, to answer at the next Court day and to exhibit on either side proper proof.
Maria Verleth, pltf. v/s Joost van Beeck, deft. Pltf. says, that Secretary C. v. Ruyven sold by publick auction two negresses for the sum of fl. 305 each, which belonged to her dec'd husband and complains that deft., Joost van Beeck, has taken to himself the payment received for one of the wenches in tobacco and forbade the Secretary to pay pltf. for the other. Requesting, that deft. shall explain, why he did so or that he shall be condemned to restore to her the payment, which he received for the negress belonging to her, with costs. Deft. answering, acknowledges, to have received three hogsheads of tobacco for the negress of Joh. van Beeck dec'd which tobacco, marked No. 18. 19. 20., he loaded in the ship, New Amsterdam and consigned to his father Van Beeck, saying that he has not yet been paid for the expenses of the burial of Johannes van Beeck, nor had any satisfaction for the first cargoes, for which pltf. is at law with Corn. Schut. Maintaining he is not bound to restore the tobacco, before he is indemnified. Parties being heard, the Court condemns deft. Joost van Beeck to restore to pltf. free of cost or charge, the said tobacco, inasmuch as he appropriated it to himself, without pltf's knowledge or the approbation of the Court, the tobacco arising from the sale of the negress belonging particularly to Johann van Beeck, dec'd.
Allard Anthony retires from Court.
[End 525]
[Begin 526]
Joost van Beeck, pltf. v/s Nicolaes Boot, deft. Pltf. demands, as before, payment of fl. 230. for a negress purchased at public vendue. Deft. maintains, he is not bound to pay, as the negress was sold as sound and she was sick and died the same day as proved by declaration, to wit of Mr. Scharburgh, Mr. Jacob Huges and Teunis Kraey. The case was. postponed by the Court to the next Court day.
[Middle paragraph of 526]
The Honble Cornelis van Tienhoven exhibits in Court of Burgomasters and Schepens a petition, presented by certain housekeepers, to, the Honble Director General and First Councillor d'Silla, wherein they accuse the government, which was left in authority here in Amsterdam on the departure of the Honble Direct General for the South River, with the last disaster and Indian Massacre—and the endorsement thereupon together with the petition presented to the General and the Councillor d'Silla by the Heer La Montagne and him Tienhoven on the same subject, and the endorsement annexed, wherein the petitioners were allowed to take informations for the elucidation of the matter. Requesting, therefore, the Court, that their Honors would be pleased to appoint one or two persons from their College as commissioners to hear and examine the witnesses, who shall be brought before them for this purpose. The Honble Burgomaster Oloff Stevensen and Schepen Johannes Pt. Verbrugge were thereunto commissioned by plurality of votes. Done in Court at the City Hall this 6th March 1656.
The Honble Tienhoven departs.
[Middle of 526]
Master Jacob Hendrick Varrevanger, pltf. v/s Fop Jansen Outhout, deft. Pltf. requests that deft. shall, pursuant to former demand and appointment, be condemned to satisfy him. Deft. appears in Court; acknowledges the debt; promises to pay the pltf. within 12 days and in the meantime to remain under arrest, with which he pltf. expresses himself content. Therefore the Court, in accordance with preceding endorsement, declares the arrest valid and condemns deft. pursuant to his acknowledgment and offer.
Warnaer Wessels, pltf. v/s David Frere, deft. Pltf. persists in his former demand. Deft. answers, pursuant to the order of last Court day, in writing. Pltf. requests copy of the same which was granted him.
[End 526]
[Begin 527]
Pieter Jacob Buys, pltf. v/s Abraham La Nooy, deft. Pltf. says he has a power of attorney against deft., demanding by virtue thereof payment of fl. 2270. 5 cash in Holland. Deft. requests copy of the demand in order to answer the same in writing. The Court grants deft's request. Abram La Nooy, pltf. v/s Pieter Jacobsen Buys, deft. requests, that deft. be heard on certain interrogatories. Deft. answers on the proposed
interrogatories as appears by the Minute.
Jacob Teunissen, pltf. v/s Anthony Jansen, deft. Pltf. persists in his demand made in the first instance and requests despatch in the case; that deft. shall prove by contract, that he hired him pltf., as he asserted, for a year, or to leave him unmolested and release his goods, which he has attached. Deft. Anthony Jansen produces the previous declaration. It appears therein, that pltf. said he was hired to deft., without exhibiting contract, or witnesses who had been present at the agreement, as per order of last Court day. Therefore deft. Anthony Jansen was again ordered to prove by contract or witnesses that he hired Jacob Teunissen for one year and that for fl. 150 and two pair of shoes; whereunto time was allowed him to the next Court day, on pain if he fail that he shall be deprived of his claim.
Skipper Symon Claessen pltf. v/s Thomas Hall, deft. Deft. in default.
Adriaen Dircksen Coen, pltf. v/s Adriaen Keyser, deft. Pltf. demands payment of fl. 219. 10. for his portion of the copartnership of Blauvelt in the captured prize "Tobasco" sold here; according to judgment of the Honble Director General and Council. Deft. says, that the Honble Tienhoven has accepted to pay fl. 166. in deduction of the demanded sum, and promises to satisfy for the remainder in the afternoon. Pltf. says, he is content with the Honble Tienhoven, should he accept, and if he receive the balance from deft. The Court condemned deft. to pay pltf. according to promise.
[End 527]
[Begin 528]
Fop Jansen Outhout, pltf. v/s Jacob Schellinger, deft. Pltf. says that he gave deft. last year certain lace to the amount of fl. 23. belonging to one Sieur Josias Tulkes of Amsterdam—that he delivered the same to deft. And whereas Govert Loockermans now has power of att'y and demands the money of him, requests that he may be discharged. Deft. admits according to his declaration given in, that he has received the lace from pltf., but says that the same was burnt with all his property in the last trouble with the Indians. Whereas deft. acknowledges to have received the lace in question from pltf., the latter was discharged from any claim which Govert Loockermans may make on him regarding it.
Fop Jansen, pltf. v/s The Clerk of the ship the Balance, deft. Deft. in default.
Jacob Schellinger, pltf. v/s Annetie Smits, deft. Deft. in default. Stoffel Elsers, pltf. v/s Tomas Riet, deft. In case of arrest. Pltf. says that he sold to deft. (before his, pltf's, departure for Virginia) as many planks, as he had lying at Henry Nuton's at Mespadt receivable there. Requests payment of the same@ 25 stiv a piece, about fl. 77. Deft. acknowledges the purchase aforesaid, but says that Henry Nuton refused to deliver him the planks—Maintains, therefore, inasmuch as he has not received, he is not indebted. Pltf. replying says, that deft. gave away and appropriated some of the planks. Deft. denies the same. Therefore pltf. is ordered to prove, that deft. removed the planks. Meanwhile arrest was removed.
Claes Jansen, pltf. v/s Aryan Sips, deft. Deft's 1st default. Pltf. appearing in Court sues for the arrest placed on the monies in the hands of Jan Hendrick, and requests that the same be declared valid. The Court declares (by virtue of the contumacy) the arrest valid.
Jan Cornelis! Clyn, pltf. v/s Egbert van Borsum, deft. For payment of 11 beavers being wages earned at deft's house and difference of account. Burgomasters and Schepens refer parties to two arbitrators, namely Jacob Steendam and Christian Barentsen, to settle their accounts; if possible to make them agree, or to report to the Board.
[end 528]
[Begin 529]
Lubbert van Dinclage, pltf. v/s Harmen Douwesen, deft. Pltf. says, that he delivered to deft., Anno 1648. 2 sheep and I ewe on halves, and to the present time received nothing therefrom. He requests delivery of capital with the increase thereof, together with payment of 31 lbs. of roll tobacco delivered to deft., which cost 12½ stivers the lb. Deft. answers, that he sold in Oct. 1651. to Govert Loockermans 7 head of sheep and wethers @ 19 gl. each, which were bred and remained from the 2 sheep and one ewe received from pltf., and from the two sheep, which they added, without any more increase or gain having come therefrom, and exhibits by letter from Govert Loockermans, that he has given half the money to him Dinclagen. Regarding the 31 lbs. of tobacco he acknowledges to have received the same. Offers to restore it. Parties being heard, the Court condemns Harmen Douwesen, the deft., to render unto Dincklagen account and proof of what is come of the increase of the sheep, and where the same, with the proceeds, has remained; and to satisfy the pltf. for the tobacco.
Jacob van Couwenhoven, pltf. v/s Teunis Kraey, deft. Pltf. demands payment of fl. 701. 18. 8 balance of a/c according to extract from his book. Deft. denies the debt, as pltf. would never account with him, but always with his wife. Requests that pltf. shall shew handwriting. Whereas no handwriting appears, the Burgomasters and Schepens refer parties to two arbitrators, Paulus Schrick and Pieter Schabank to settle their accts before them, and if possible to come to an agreement, or otherwise to deliver their opinion in writing to the College.
Jacob van Couwenhoven appearing in Court: requests, as brewer, that the Court should stamp the beer barrels. Answered, that such should be done immediately.
Jan Evertsen Bout, pltf. v/s Frans Jansen van Hoochten, deft. Deft's 1 default.
[End 529]
[Begin 530]
Sara Schepmoes, pltf. v/s Adriaen Keyser, deft. Pltf. demands payment of fl. 60. Deft. acknowledges the debt; says he gave an assignment on D. van Schelluyne for fl. 40, who promised by signature to meet the same. Offers to pay the remaining fl. 20. to pltf. immediately. Therefore, pltf. is ordered to accept for payment, the assignment on Schelluyne for fl. 40. and deft. is condemned to pay pltf. without delay the remaining fl. 20.
Adriaen Keyser, pltf. v/s Jacob Haey, deft. Relative to difference of a/c as before. Deft. Jacob Hey requests that the Honble Cornelis Tienhoven shall prove the entry placed to his a/c, when he is ready to pay. Therefore the Honble C. v. Tienhoven is ordered to give, at the next Court day, pursuant to the decision of arbitrators, explanation of the difference between Jacob Hey and Keyser, relative to the article given up by him as per list.
Arent Calebuys, pltf. v/s Marretie Joris, deft. Pltf. says, that deft. lifted certain fl. 33, contrary to the order of the Court, which he had arrested. Requests that she shall prove that it belongs to her. Deft. denies the same; exhibiting specification of a/c against fl. 11. in dispute; declares, under offer of oath, that the remaining fl. 11. are lawfully due her; requests to be allowed to lift the arrested fl. 33.
Nicolaes Barnae, pltf. v/s Adriaen Vincent, deft. Pltf. requests, that deft. A: Vincent, be condemned to pay him for 15 days that he had been to the North to look for Jacus La Motte @ fl. 2½ per day, and fl. 17 incurred expenses, as he remained bail therefor having La Mottes goods,
which came from Holland, in his possession. Deft. Ad Vincent says, he is ready to pay pltf. on condition, that he do so by order of the Court, so as to have his recourse against La Motte's goods. Therefore the Court condemns deft. to pay pltf. his demand aforesaid, on condition of holding his guarantee against the goods which he has in his hands belonging to La Motte.
The case in question between Pieter Jansen and Huybert Jansen Stock being considered, and parties demanding expedition, either by arbitration or judgment, the Court refers them to David Provoost and Joost Teunis. van Noorden to settle the difference if possible or to report in writing.
[End of 530]
