Document: Dutch colonial council minutes, 30 September 1638

Holding Institution
Document ID
NYSA_A1809-78_V04_p020
Description

Court proceedings. Johannes la Montagne vs. Everardus Bogardus; decree of sale of Hendrick de Foreest's estate, and plaintiff to be paid all his advances for said estate. Anthony Jansen vs. rev. Everardus Bogardus, for the payment of 74 guilders; on defendant swearing that he owed only 7 guilders, judgment was entered for that sum for plaintiff, with costs. [1638]

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

Translation
Translation

Therefore, we have condemned, as we do condemn hereby, the delinquent, In case he be apprehended, to be punished by the sword In such way that death shall ensue, with confiscation of all his movable and Immovable property, none excepted, and Including all his earned monthly wages which are due him by the West India Company, the just half to be paid to the widow of the deceased Gerrlt Jansz or his heirs, one quarter part of the Company and one quarter part to the fiscal, the delinquent also to pay the costs of the suit. Thus done and sentenced In Port Amsterdam this [ ], anno 1638.

Johannes la Montaengne, plaintiff, vs. Everardus Bogardus, defendant, for the delivery of the property belonging to Hendrick de Foreest, deceased, or his heirs.

Having seen the demand of the plaintiff and the answer of the defendant, it is ordered that the property aforesaid shall publicly be sold to the highest bidder on the 7th of October, being Thursday, at Fort Amsterdam, for the benefit of the widow, and the defendant, in virtue of his power of attorney from the widow of the late de Foreest, is condemned to repay to La Montaengnie such moneys as he has advanced for the benefit of the farm.

Anthony Jansen, plaintiff, vs. Everardus Bogardus, minister, defendant, for the payment of fl. 74 which the defendant owes the plaintiff. The defendant expressly denies the plaintiff's claim. The plaintiff gives the defendant the choice of taking the oath, whereupon the defendant has declared under oath before the court that he owes no more than 7 gl. Upon the oath of the defendant the plaintiff's claim for the remaining fl. 67 is denied and he is condemned to pay the costs of the trial.

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_p020.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.

Related Ancestors (Unlinked)
Johannes la Montagne
Everardus Bogardus
Hendrick de Foreest
Anthony Jansen
A1809 Additional Party
Document Location
Search Terms
Court proceedings.

(1) First:

Summary:
Seems to be a death sentence and confiscation for someone, not clear whom.

Confiscating all assets, including what's owed to him by the Company.

From Parties:

The company condemning the person?

The recipients:
1/2 to: The widow of Gerrlt Jansz or his heirs
1/4 to: The Company
1/4: The fiscal.


(2) Second:

From:
Johannes la Montaengne

To:
Everardus Bogardus

From Parties:
heirs of Hendrick de Foreest (possible property owners)
widow of Hendrick de Foreest (received settlement)

Summary:
Johannes la Montaengne sued Everardus Bogardus for the property belonging to Hendrick de Foreest, deceased, or his heirs.
A settlement was given that is not clear, but appears to be for the widow of Hendrick de Foreest and to Johannes la Montaengne.


(3) Third:

From:
Anthony Jansen

To:
Everardus Bogardus
minister


Summary:
Anthony Jansen sued Everardus Bogardus for money owed to him, and since Bogardus said under oath he owes no more than 7 gl., the remainder was not given, and Anthony Jansen had to pay the court costs.