Document: Petition of Augustyn Heerman for reference to arbitration of a claim of Charles Gabry against him

Holding Institution
Document ID
NYSA_A1809-78_V08_0757
Description

Petition. Augustyn Heerman, for reference to arbitration of a claim of Charles Gabry against him.

Document Date
1658-02-12
Document Date (Date Type)
1658-02-12
Document Type
Document Type Unlinked
Petition
Full Resolution Image

Translation
Translation

[several lines lost] on and [ ] Gabry at two [ ] anno 54 (the petitioner [ ] received of that year’s copy:) concerning [ ] of 21 September anno 52 and the [ ] arbitration and sentence of the 8 [ ], namely, that the aforesaid Charles Gabrij [ ] instance or with an invented claim and [ pretense ], and which surprised the petitioner in bad faith, as he, petitioner, if necessary, trusts to be able to prove sufficiently, [ and ] by which he, [ Gabij ] intended nothing but the total ruin and shame of the petitioner’s wife and children. Because, just to mention it with a few words, notwithstanding the fact that upon his coming over he was repeatedly offered satisfaction for what he was judicially entitled to, and overdue goods and a pack of beavers of incoming debts actually were handed over, he still claims, however, forty or fifty thousand guilders liquid debt, with which he deceived your honors and the entire world, and at the most unexpected moment he kicks the petitioner out of all his credit books, papers and effects, throws him in jail, encumbers him with the impossible burden of offering securities, and threatens to drag him along to Holland as a bankrupt and dishonest man;[i] which then immediately had the effect that the petitioner (being a business partner, or a business agent and freeman, but not a servant who agreed upon a certain amount of time and pay with aforesaid Gabrij) was forced, after he [ ] his attorney and always [ stuck ] to his guns [several lines lost] would leave behind, as [ ] fully authorized the lord burgomaster Poulus Leendersen, and handed over his claim in order to liquidate, agree and contract, etc. with the petitioner. Thus following thereupon, with the favorable consent and authority of the honorable lord director general and councilors of 30 September and 7 October 1652, the irrevocable compromise was reached on the 11th of October, and even the solemn arbitration of 21 October was further ratified. But whereas, as a result of the sentence of 8 November 1652 in favor of the aforesaid Gabrije, some points were postponed for two successive years, within which time he would have replied, and the petitioner, to his great loss, was left waiting for another three years in addition to the two aforesaid years. During that time, in spite of his repeated protests, he has not heard anything now but the frivolous and absurd excuses of the aforesaid Gabrije from his foolish letters mentioned above. However, in addition, and despite the fact that he also was harassed and damaged afterwards by the attorney Poulus Leendersen, as on 4 October anno 53, ditto 11 May, 1 Ju[ ], and 22 September anno 54, in confirmation of the sentence, therefore he, the petitioner, in support of his wife and children, is forced to humbly pray and beg your honors that your honors will please graciously allow that the arbitrators, who are bound thereto by obligation, in accordance with their aforesaid sentence, [ ] the case without any delay [several lines lost] wife [ ] steecken and [ ] the case [ ] further delay (by your leave) [ ] honors will not impede granting [ ] resolution regarding this, which doing, etc (lower stood), your honors’ very humble and obedient (was signed) Augustine Hermans (was dated) Amsterdam in N: Netherland, the 12th of February anno 1658.

Translation Superscripts
[i]: ... pant[crotier] ende oneerlijck man. Perhaps bankroetier was meant. Oneerlijck can also mean “not respected.”
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_V08_0757.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.

To Party 1
To Party 1 Text Unlinked
Charles Gabry
To Party 1 Entity
From Party 1
From Party 1 Text Unlinked
Augustyn Heerma
From Party 1 Entity
From Party 2
From Party 2 Entity
A1809 Additional Party
Document Location