Document: Dutch colonial council minutes, 16-30 September 1638

Holding Institution
Document ID
NYSA_A1809-78_V04_p019
Description

Court proceedings. Rev. Everardus Bogardus ads. Johannes la Montagne; on application of plaintiff, that defendant, who is attorney for the late Hendrick de Foreest's widow, shall take possession of said De Foreest's house, stock and plantation, on defendant paying him a balance due him by said de Foreest, ordered, that parties submit both claim and answer, in writing, to the next court. [1638];Court proceedings. Sentence on Jan Gysbertsen, of Rotterdam (a fugitive from justice), for the murder of Gerrit Jansen, gunner, on the 15th May, 1638; accused, whenever apprehended, is to be punished by the sword until he is dead, his property confiscated, and his wages paid, one-half to the widow or heirs of the deceased, one-fourth to the company, and the remainder to the public prosecutor (see vol. 1, pp. 36, 37, supra.) [1638]

Document Date
1638-09-16 to 1638-09-30
Document Date (Date Type)
1638-09-16
Document Type
Document Type Unlinked
Minutes
Full Resolution Image

Translation
Translation

On the 16th of September anno 1638,

being Thursday

Everardus Bogardus, defendant, vs. Johannes La Pontaengne, plaintiff. Whereas the defendant has a power of attorney from Geertrujt Bornstra, widow of the late Hendrick de Foreest, plaintiff's brother-in-law, to demand the goods and effects of the said Foreest, the plaintiff requests that the defendant take possession of the house together with the cattle and appurtenances of the plantation, provided the defendant pay the plaintiff the balance of the amount due him by de Foreest, according to the account thereof. Parties are ordered to submit their complaint and answer in writing on the next court day.

On the 30th of September, being Thursday

The director and council of New Netherland having seen the criminal action and demand of the fiscal against Jan Gysbertsen from Rotterdam, charged with manslaughter committed in killing Gerrit Jansen, gunner, before the gate of Fort Amsterdam on Saturday, being the 15th of May 1638, about 4 o'clock in the afternoon, and having examined the testimony of witnesses together with the reports of the surgeons who examined the body, the personal summons and defaults taken against him and the conclusion of the fiscal, and the aforesaid writings have been duly weighed and considered by us, after invocation of the name of God; therefore, we, wishing to do justice, have debarred the delinquent from all exceptions, defenses and pleas whatsoever which he might have made use of in the aforesaid matter, and therefore declare Jan Gysbertsen aforesaid in every way liable to arrest if he can be apprehended for the aforesaid ugly crime committed against the highest majesty of God and his supreme rulers as well as against the blood relations of the deceased, whom he, the delinquent, murderously robbed of their friend and relative; all of which in a land of Justice can in no wise be tolerated of suffered but ought to be punished with all rigor as an example to others.

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/A1809/NYSA_A1809-78_V04_p019.xml

Published bound volume is also available: Translation: Scott, K., & Stryker-Rodda, K. (Ed.). New York Historical Manuscripts: Dutch, Vol. 4, Council Minutes, 1638-1649 (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.

Location
Modern Location
Locations (Unlinked)
Rotterdam
Related Ancestors (Unlinked)
Rev. Everardus Bogardus
Johannes la Montagne
Hendrick de Foreest's widow
Jan Gysbertsen
Gerrit Jansen
A1809 Additional Party
Document Location