Document: Judgment for defendant in the case of the town of Gravesend vs. Anthony Jansen

Holding Institution
Document ID
NYSA_A1809-78_V08_0143
Description

Judgment in the above case, for defendant.

Document Date
1656-08-21
Document Date (Date Type)
1656-08-21
Document Type
Document Type Unlinked
Judgment
Full Resolution Image

Translation
Translation

Having heard the debates pro and con and examined the evidence, the director general and councilors find that the complaints of the magistrates of Gravesande are unfounded, because the visual inspection made by the director and councilors on the 21st of June has proved that those of the village of Gravesande, unlawfully and wrongfully, have fenced in a part of Anthony Jansz’ land and the [ meadow of Willem ] Bredenbent and placed their posts and rails not in conformity with the consent of the director general and councilors upon the land granted them by their patent, but, as has been stated, partly upon the land of Anthony Jansz and through the meadow of Willem Bredenbent.[i] The aforesaid director general and councilors therefore, by their resolution, order that those of the aforesaid village remove the posts and rails put up by them from the land in question and leave the land not belonging to them in statu quo prius, as can be seen by the resolution of the 24th of June, itself taken and extended in more detail. Although at the request of the aforesaid magistrates this order has been in so far modified by the director general and councilors that for the prevention of damage to the grass and other grain crops the posts and rails should remain until further order and the gathering of the harvest, yet, as those of the aforesaid village without the knowledge and order and against the good intention of the director general and councilors have let their calves and other cattle graze on the meadow in question, which is proved by credible witnesses and not denied by the magistrates, thereby causing and inducing Anthony Jansz, as he [ declares, to let his cattle also ] run along the strand upon the same [ meadow ], so that the subsequent [ disorders ] were not occasioned by him, but by those of the aforesaid village, who by their own authority and in contempt of the supreme government have acted as parties and judges in the matter, as well in carrying off Anthony Jansz’s cattle, as in mowing hay from and on land not belonging to them. The director general and councilors, to maintain their own authority and the administration of law and justice, find themselves compelled to detain the said magistrates, until the director general and councilors are given due satisfaction to for the contempt shown to their authority, the land unlawfully fenced in has been returned statu quo prius, and the costs and mises of law have been paid. Meanwhile Anthony Jansz and Jaques Corteljou are requested and charged to gather the mown hay at the expense of the director general and councilors in order to come to an agreement about it. Thus done at Fort Amsterdam in New Netherland, dated as above. (was signed)

P. Stuyvesant Nicasius de Sille La Montagne

Translation Superscripts
[i]: Recovered text from translation in NYCD 14:364.
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_0143.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)
Gravesend
To Party 1
To Party 1 Text Unlinked
Anthony Jansen
To Party 1 Entity
From Party 1
From Party 1 Text Unlinked
The Town of Gravesend
Related Ancestors (Unlinked)
Multiple Parties
A1809 Additional Party
Document Location