Document: Judgment in the case of Thomas Stevenson vs. Elias Bailey

[several lines lost] the marshal anno 1655 [ ] he estimates the value at 150 guilders and above that reparation of 200 guilders damage suffered by the plaintiff; besides, because it was a working ox, he has been unable to plow his land or sow, and he has had to neglect and leave undone much other work.

The defendant acknowledges to have killed the ox, but says that he was unaware that he had committed a misdeed by doing so, because he as marshal of the village of Middelborch was ordered by the magistrates there to carry out a certain sentence, pronounced by the court of Middelborch against Mr. Stivens on the property of the aforesaid Stivens for the sum of about six pounds sterling.

The plaintiff, replying says and confirms with 3 attestations that not only had he requested the marshal, but also even Mr. Coo, being one of the magistrates of Middelborch, that he should not carry out the sentence against his working ox, offering him money, which the marshal refused to accept, saying there [ wasn’t ] enough [several lines lost] [ ] and evidence having been examined by the director general and councilors [ ] the committed contrary to [ ] and secular rights because the marshal ought to have impounded the working ox, more so as the plaintiff was ready to offer him other payment, which Mr. Coo (being one of the magistrates) offered to balance if it came up short; in addition, that he ought to have sold the goods of the condemned Mr. Stivens at public auction and not so silently take and kill a working ox. Therefore, we condemn and pass judgment that the defendant, Elias Beely, shall deliver to the plaintiff, Mr. Stivens, an ox of the same value as the dead ox had upon the say of two impartial people, and in addition one hundred guilders as reparation of the damage suffered by Mr. Stivens from the killing of his working ox, on the condition that Mr. Stivens shall first have to satisfy his debtors or (if Mr. Balij paid them) Mr. Baalij for that to which he was condemned by the magistrates of Middelborch. Dated as above.

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