Document: Pleadings and proceedings of a court held at New Castle, in the case of Thomas Harwood vs. Jacob Vanderveer

Holding Institution
Document ID
NYSA_A1879-78_V21_0039
Description

Pleadings and proceedings of a court held at New Castle, in the case of Thomas Harwood, plaintiff, and Jacob Vanderveer, defendant, in an action of debt.

Document Date
1679-01-00
Document Date (Date Type)
1679-01-01
Document Type
Full Resolution Image

Translation
Translation

Att a Court held in the Towne of New Castle by his mayesties Authority this 7th of Jannuary anno Domini 1678/9.[1]

Thomas Harwood Plt.Jacob Vanderveer Deft.

The Plt. Demandes of this Deft. by account for sundry goods and Commoditys sould and Delivered unto this Deft. the summe three hundred ninety and three gilders In good and merchandable winter wheat or Peltry of which said summe is Paid 341 gilders and ten stivers so that there Rests Due to Ballance the Summe of fifty one gilders ten stiver for which hee Craves Judgments with the Costs. The Deft. makes an obiection against the Article of the Penniston in the account that the same was overcharged and that the Pay has ben Reddy and sayes that the same Plt. now allready is overpaid Etc. The Debates of both Partees being heard and the Plt. heaving made Oath to his account In Court, The Court doe order Judgment to bee Entreed against the Deft. for the summe of 51 gilders and 10 stivers with the Costs of Court.

a true Coppy out of the Records Exam, per

Jannuary 7th 1678/9.

Jacob Vander Veer was this Day by the Court bound In a bond of tenn pounds To appeare att the next Court to bee held in this Towne of New Castle on the first teusday of the month of February[2] now next Enseueing to Answer to what shall then and there bee alledged against him for a Certaine stone fraudulently by him Putt into a bagg of Feathers sould and Deliv[ ered ] unto Thomas Harwood the Laest Jeare which said stone was now Produced In Court Etc.

Thomas Harwood swoorne In Court Declares that Laest Jeare hee Receiveing a bagg of Fathers Isic] of Jacob Vanderveer weiging 21 lb. English waight In which bagg the Deponant Comming therewith to New Castle found a stone of about 4 or 5 lb. waight which said stone was waiged and Delivered to him for fethers [ sic ].

Mary the wyfe of John Can sworne in Court sayeth that shee was present the Last Jeare when Tho. Harwood Came with the bagg of Feathers from Jacob vander Veers and when the said bagg was Emtyed there was found [ in ] itt a stone which the Deponant beleeves to bee the Same or the Lyke stone now Produced in Court.

Vera Copia Exam, per

Att a Court held in the Towne of New Castle In Delowar by his Mayesties Authourity this 4 and 5 of February 1678/9

Jacob Vander Veer being Examined about the stone which was in the feathers of him sould and Delivered unto Thomas Harwood Did Deny to have Put the said stone In the Feathers.

Jan Staalcop Sworne in Court De [ dared ] That Jacob vander Veers Son Bri[ nging ] Least Jear a Bagg of Feathers to th[ is ] Deponants house for Thomas Har[ wood ] The said bagg was weiged by the Depona[ nt ] the waight thereof then did agree with what the said Boy did Say that the Fathers [ sic ] had weiged att his Fathers house and as soone as the Feathers were weighed the servant of Thomas Harwood did bring them in the Cano, but wheather the stone was In the Feathers or noe the Deponant Cannot tell.

The Court upon Examination of all the buissinesse Greatly Suspecting that Jacob Vander Veer is Guilty of the Fact and not being willing to Proceed to Judgment before that all Evidences were brought In Doe therefore order that Jacob Vander Veer appea[ re ] att the next Court and then that als[ oe ] appeare the person that was Thomas Harwoods servant Least Jeare and that found the stone first in the bagg with Feathers

Vera Copia Exam, per

[ Endorsed: ] An order of the Court of Newcastle. Jan. 7th 1678/9. about Capt. Jacob Vander Veer.[3]

Att a Court held In the Towne of New Castle by his Mayesties Authority this [ 4th ] and 5th dayes of February Anno Domini 1678/9.[4]

Jacob Vander Veer Plt.Thomas Harwood Deft.

The Plt. Instead of bringing a Decleration haveing Entred an Intangeled accompt without [ any ] summes Exprest of which the Court [ have ] Past their Judgment the Laest Cou[ rt ] Day[5] against this Plt. att this Defts. Sui[ te ] and this Plt. Likewise not Proovi[ ng ] what he brings In The Court therefore] Do Judge this to bee a vexaious Su[ ite ] And order a non Suite to bee Ent[ erred ] against the Plt. with Costs.

a true Coppy out of the Records Exam. Per

[ Entitled: ] Jacob V. Veer against Tho. Harwood.

Att a Court held In the Towne of New Castle By his mayesties Authority this 4th and 5th dayes of March Anno Domini 1678/9.[6]

Jacob Vander Veer being ordered the Laest Court to appeare att this Court for to answer to the action of the stone which was Put Into the Feathers by him sould and Delivered unto Thomas Harwood and being three tymes Called did not appeare.

Reynier Petersen Sworne In Court Decleared that Least Jeare he being Servant To Thomas Harwood was with the said Harwood att John Stalcops house In Cristina where att that same tyme was brought by Jacob Vander Veers Son Some Corne and A bagg of feathers and the Deponant being att the Canoe with Jacob Vander Veers Sons taking the bagg of feathers out of Jacobs Canoe and Putting the same In Tho. Harwoods Canoe Did feele A stone in the bagg of Feathers and afterwards telling his master when they Came to New Castle opening the bagg did find the same stone in itt.

All Circumstances and Evedences being taken in Consideration the Court are of the opinion and Doe finde that the said stone was fraudulently by Jacob Vander Veer or his order Putt Into the Bagg of Feathers and with the same weiged and sould for feathers and hee the said Jacob Perremtorily Refusing the Laest Court Day to appeare att this Court Day all which and other his Uncivill Carriadges Doe merrit a Severe Punnishment: Yett the Court Considering the Poverty of him the said Jacob Doe therfore onely Condem him to pay a fyne of twoo hundred Gilders for the use and Repairing of the Forte to bee Levyed upon the goods and Chatties Lands and tennements togeather with all Costs and Charges.

A True Coppy out of the Records Exam, per

[ Endorsed: ] An order of the Court of Newcastle about Capt. Jacob Vander Veere Mar. 4th 1678/9.[7]

I am Likewise to Acquaint you that Its the Governours pleasure in the Case betweene Thomas Harwood and Jacob Vanderveere concerning the Stone found or put into the Bag of feathers[8] that there bee no further proceedings in your Court on that Account, his Honor hath remitted the fine and a st[ ope ] is to bee put to the Levying of the Charg[ es, ] the whole case being ordered to bee heard in this place before the Governour and Councell at the beginning of the month of October next, when both Plt. and Deft. are to give their Attendance here.

And as to the difference before your Court about the pretence of Land betweene the said Jacob Vanderveere and his Neighbour Dr Teeneman[9] the same is also to bee remitted here, with all papers or proceedings relating thereunto by the first oppertunitie for a finall Determina[ tion. ] [10]

[ Endorsed: ] Part of the Letter and order sent to Delaware about Jacob Vander Veeres and Dr Tymens buisnesse. The matter also between the said Van der Veere and Mr Harwood about the stone in the feathers.

To the Worshipfull Court of New Castle[12]

Jacob Vander Veer plt.AgainstThomas Harwood Deft.

The Plt. declars that this deft. hath Sould unto him the Plt. 5 Ells of Penniston for the vallue of a bever.

2dly the Deft. Sould this Plt. 5 Schipple of salt for 1 1/2 sch: wheat or 1 1/2 bever.

3dly 1 piece of Linning for 20 Schipple of wheat which hee the deft. hath Received.

4thly about the duffells is noe difference.

5thly 50 lb. of Shott, for which hee and my wyfe Shall speake with the Deft. and for which hee hath Received the feathers.

6ly the Deft. Received in C[ ] 32 Ells of penniston which I the same tyme bought againe of the Deft. for Red duffills, 3 Els of duffills for 5 Els of penniston.

7 hee the Deft. has Received of mee 24 drest dearskins, halfe buke and halfe doew skins; Yett I kan not say Exactly whether the halfe were bucks or dowes, neverthelesse itt were all 24 good Skins at 6 for a bever, and hee discounts mee noe more then f80 for the 24 skins.

[ Entitled: ] Jacob V: Veer against Tho: Harwood

Dilwer River the 26, June 1676

Jacob Vandever is debitor to Thomas Harwood For Severall goods Sould to him For to be paied in good winter wheate or peltrey at or befoer the 20th of Dec. next Comeing the goods is as Foloweth viz

Contra is Creditor

This is a true acompte Erors execpted by mee Thomas Harwood

This account Sworne unto in Court by Tho. Harwood Jann. 7th 1678/9 which attest.

[ Entitled: ] Account of Tho. Harwood against Jacob V. Veer1678/9.

Mr Ephrahim Clerck[17]

Please write down the declaration between me and Harwis[18] as follows:[19]

1. I declare that he sold me 5 ells of penniston for the value of 1 beaver.

2. He sold me 5 skipples of salt for 1 1/2 skipples of wheat or 1 1/2 beavers.

3. 1 piece of linen for 20 skipples of wheat which he has received.

4. There is no argument about the duffels.

5. 50 lb. of shot which he and my wife shall discuss; for which he has received the feathers.

6. He received from me 32 ells of penniston which I at the same time bought back from him for red duffels: three ells of duffel for 5 ells of penniston.

7. He received from me 24 dressed deerskins: half buckskins and half doeskins. I cannot say whether they were exactly halfe buck and half doe, nevertheless, all 24 were good skins: 6 for one beaver, and he credited me no more than f 80 for the 24 skins.

Christina February 1, 1679[20]

[ Entitled: ] Jacob Van der Veer against Tho. Harwood.

The Go. tooke Jacob Van der Veers papers of the Court at Delaware between him and Mr. Harwood.[21]

June 10th 1679.[22]

[ Entitled: ] Jacob Vander Veers papers.

Becauce Jacob van Derweer have Dessiret testimony Concerning som trockencloattz[23] Mr. Harworet[24] resewed[25] from heem, and wy Kan nott Denay him the Same and the truth So Faare wy Cnow theraff, that Mr Harwooret hath Come to our hous and brogt tw[26] peases of trockenclott one read and one blow[27], and wy Deseyread him to measuer the Same, and hee Dead[28] allsoo, and wy ascke him iff itt was richt[29], he answert y.[30] and littell teim theraffter hee Comming From Peter Coocks Tolld that he have loockt ower his Aconnt and he wantet tree Ells, and Further haveing nooe Knoulegh, that this is the truth are wy ready to Confirme with our oaths and testeffy itt whitt our hand.

Datum Christina the 16 Agusty Anno 1679

[ Endorsed: ] Jacob Van der Veere.[32]

All the Dealings that wy have haede, have y Declared For the Corret att the Sandhoeck[33], that Mr. Harwordt have solid me Fiyff Ells penneston For one bever and tree Ells dyffels For one beaver, that this is the truth testeffey y whitt my one[34] hand heer under ritten.[35]

Datum Christina the 16 Agusty Anno 1679

Further Doe y testiffey that y have boegt For twenty Schepell Wheat one peas off Linnen.

Eph. Herman
Eph. Herman
Eph. Herman Cl.
Eph. Herman
Eph. Herman
Dr. Tymen Stiddem
Jacob Van der Veere
Jacob Vander Veer
E. Herman
Jacob Van der Veer
John Anderson
Christina Carrllsdotter
John Anderson

Rights: This translation is provided for education and research purposes, courtesy of the  New York State Library Manuscripts and Special Collections, Mutual Cultural Heritage Project. Rights may be reserved. Responsibility for securing permissions to distribute, publish, reproduce or other use rest with the user. For additional information see our Copyright and Use Statement Source: New York State Archives. New York (Colony). Council. British Delaware River Settlement Administrative Records, 1664-1682. Series A1879. Volume 21.

Translation Superscripts
[1]: See NCCR:273 and 290 for the court records from which these extracts were made.
[2]: See the following extract for this court appearance.
[3]: Endorsement is written in the hand of Matthias Nicolls.
[4]: See NCCR:290 for the court record from which this extract was made.
[5]: See 21:39/40 for this judgment.
[6]: See NCCR;301 for the court record from which this extract was made.
[7]: Endorsement is written in the hand of Matthias Nicolls.
[8]: See 20:39/40 and 20:43 for the court records concerning this case.
[9]: i.e.. Dr. Tymen Stiddem. See NCCR:182, 291, 304 and 329 for the court records concerning this case. See also 21:71 and 21:72 for Tymen Stiddem's case and the list of papers sent to Matthias Nicolls in this matter.
[10]: This document represents an extract from a letter written by Matthias Nicolls to the court at New Castle dated May 19th 1679. The extract which is written in the hand of Ephraim Herman, pertains only to Jacob van der Veer. See NCCR:323 for the complete text of the letter.
[12]: These names and the following endorsement are written in the hand of Matthias Nicolls.
[14]: This document represents the court's translation and phrasing of Jacob van der Veer's declaration which was originally written in Dutch. See 21:47 for this declaration.
[15]: The original declaration is dated Feb. 1, 1679. According to the account in 21:46 the date is in new style.
[16]: i.e. , linen.
[17]: i.e., skipples.
[18]: i.e., deducted.
[19]: i.e., Ephraim Herman who was clerk of the court.
[20]: i.e., Thomas Harwood.
[21]: The following declaration has been translated from the Dutch original which was written and signed by Jacob van der Veer. See 21:45 for the court's translation and phrasing of this document, cf., 21:46 for Thomas Harwood's account.
[22]: This date is new style.
[23]: See 21:39-47 for these papers.
[24]: This receipt is written in the hand of Matthias Nicolls.
[25]: Possibly a term by Swedes for "duffel." cf., 21:50 where Andi writes dyffels.
[26]: Thomas Harwood.
[27]: i.e., received.
[28]: i.e., two.
[29]: i.e., blue.
[30]: i.e., did.
[32]: i.e., right.
[33]: i.e., aye.
[34]: The Swedish patronymic for: Christina the daughter of Carl.
[35]: Written in the hand of Matthias Nicolls.
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/A1879/NYSA_A1879-78_V21_0039.xml Published bound volume is also available: Translation: Gehring, C. trans./ed., New York Historical Manuscripts: Dutch, Vols. 20-21, Delaware Papers: English Period, 1664-1682 (Baltimore: Genealogical Publishing Co., Inc.: 1981). 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.

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