At the session, having read the documents and papers produced by Abraham Verplanck as plaintiff and Allard Antony as defendant and plaintiff in a countersuit, now an appellant; whereas he has found himself injured by the sentence of the burgomasters and schepens of this city as stated in the documents dated 27 July 1655, the following recommendations are granted thereon:
Recommendation of the honorable lord director general Petrus Stuyvesant, done of his own accord.
Having reviewed, read and reread the documents of the suit between Abraham Verplanck, plaintiff, and Allard Anthony as defendant, and plaintiff in countersuit, now an appellant, having found himself injured by the sentence of the burgomasters and schepens of this city as stated in the documents dated 27 July 1655.
Marked letter A the request of Abraham Planck as father, guardian and spokesman of his son Gelyn Verplanck states that the defendant, Allard Antony, ordered the plaintiffs son, Gelyn Verplanck, out of the house with the words: “Get back to your father!” Whereby the plaintiff concluded there was a breach of the lease or service contract made between the aforesaid Allard Antony as master and Gelyn Verplanck as servant for the period of four years, which, as the plaintiff determined, was broken by the defendant without sufficient cause before the expiration of the term, requests on behalf of his son full payment for the set term of four years, because he kicked him out of his service prematurely and without cause according to the plaintiff; and furthermore, restitution of the son’s chattels, which are stated in detail in the petition.
The defendant Allard Antony denies by his reply marked letter B that he chased or kicked the plaintiff’s son out of his house and service, but said that he first gave a warning tp the son that if he ran away, he would thereafter no longer receive or accept him in his house. Nevertheless, (said the defendant) the aforesaid Gelyn forsook his service and obedience [ ] year prematurely, when he, defendant and the plaintiff in countersuit, hoped to extract the fruits of his labors, instructions and expenses (bestowed on Gelyn the plaintiff’s son). Whereby the defendant, Allard Antony, and plaintiff in countersuit, in conclusion [ demands ] from Abraham Verplanck expenses at f5 and 1/2 per week for two and a half years, beginning 14 August 1652 to the first of February 1654, when (as the plaintiff in countersuit said) the aforesaid Gelyn improperly and prematurely left his service; he offers, furthermore, to release the chattels of Gelyn provided that the book debts held by Gelyn have first been balanced in the presence of honest persons.
The reply and request of the defendant in countersuit, the response, and second reply exhibited by the parties, having provided little substance to the aforesaid request of the plaintiff, except what is exhibited between both by Abraham Verplanck for verification of his sentence, his own son’s written declaration marked letter D, which declaration, because the sentence of the burgomasters and schepens seems to be solely based thereon, I have deemed necessary to have herein inserted in support of my following recommendation:
Burgomaster Allard Antony (says the declarant) sent me upstairs to the upper room to fetch buttons, and as I was on my way about to climb the stairs, his dog came up behind me; when I saw the dog I kicked it off the stairs. After I had gone to the room to get the buttons the dog meanwhile climbed back up the stairs anyway to the garret. As I was about to go back downstairs, I saw the dog and called for him to come down; and as I was going down the stairs, Burgomaster Allard Antony came and struck me on the head. Silently I ran inside. He also came inside and began to scold me. I said that I had kicked the dog downstairs, and that he had come up anyway. Whereupon he ran for his cane in order to beat me. When I saw that I ran into the warehouse. After coming after me shortly, he went back inside and called me. When I came to the door, he was still standing there with the cane. After standing there a few minutes, he said: “Come inside!” Whereupon I answered that he would beat me with the cane. When he saw that I was not coming inside to be beaten, he said: “Go away,” or “Get back to your father now!” Whereupon I took off my hat and left.
Gelyn Verplanck
Upon the aforesaid declaration of the party himself, without any other apparent documentary evidence, the burgomasters and schepens declared, by sentence, Gelyn Verplanck free from the continuation of the contract, and condemned the defendant, Allard Antony to pay the aforesaid Gelyn Verplanck for the time that he served, according to the contract.
Following is my own recommendation:
The evidence required for a judgment is in my opinion too weak, and too unfounded to draw such a conclusion and definitive sentence. The reasons for my recommendation are:
That according to all the papers, even the declaration of the servant Gelyn himself (although in my opinion not admissible) no further punishment is evident except that his master, Allard Antony, gave him a box on the ear or a knock on the head; that his master ran into the room after his cane in order to beat him with it. Accepting the first, the last can be considered no more than a presumption. Indeed, there appears to be no sequence that his master ordered him inside and to come to him, and that the servant did not do it because he feared to be beaten with a cane. Grant that it be true, it cannot be further disputed except for what the right of a master is, and the servant’s bounden duty; in any case it is stated in the declaration that the master’s order was not obeyed, and therefore no further punishment followed.
Finally, it is my opinion that the sentence seems to be based mostly on the declaration of Gelyn: “And when he saw that I was not coming inside for a beating, he said, ‘get out of here’, or NB[1] ‘go on back to your father’.” Which declaration, besides being dubious, coming from an underaged servant and party in law not admissible although being proven therefrom, in my opinion, (subject to correction) cannot be construed as an annulment of the continuation of the contract; I totally condemn that the master should pay in addition to his servant, for which he has paid according to his declaration in his apprenticeship approximately 800 guilders in expenses, the full agreed upon wages of the time that he has served; as a result this would be my final decision and recommendation from the submitted documents.
Recommendation of the lord Nicasius de Sille, first councilor:
Having read and reread the papers of the suit between Abraham Ver- planck as plaintiff and Allard Antony as defendant and plaintiff in countersuit, now appellant because he finds himself injured by the sentence of the burgomasters and schepens handed down from the papers produced thereof dated 27 July 1655,1 conform with the sentence stated above. Ady ut supra in Fort Amsterdam.
Recommendation of the lord La Montagne:
My recommendation is that Gelyn Verplanck, because he did not try to get a pass from his master, shall complete the rest of his obligated service, or, in case his master will not accept him, his master shall pay him his wages and agreed upon salary.
Recommendation of the secretary Cornelis van Ruyven:
Whereas the honorable lord director general and councilors of New Netherland have asked me (because the votes, as previously seen, came to a tie) to give my recommendation on the suit pending before then- honors between Abraham Verplanck as plaintiff and the burgomaster Allard Antony as defendant and plaintiff that Gelyn Verplanck as servant of his master Allard Antony has been obligated according to contract that he ought to serve out his time with obedience to his master, or in case of refusal to let him compensate with the expense incurred by his master for him in his apprenticeship, without claiming any further costs; concerning the book debt held by him and that held conversely by his master as security, I conform with the judgment of the burgomasters and schepens in that point. In the countersuit, now an appeal of the sentence of burgomasters and schepens produced from documents handed down on 27 July 1655, it is my recommendation (subject to correction) that because Gelyn Verplanck has produced nothing as verification except his own declaration that his master told him to go away; not doubting, however, that Gelyn Verplanck (as he has always been known as quiet, able, and sober young man) left his master without cause or reason thereto, that Gelyn Verplanck shall offer his master the lord Allard Antony to complete his bounden time according to the contract, and in case Gelyn refuses to do so, then he shall be satisfied with the expenses incurred by his master during his apprenticeship; and if his master refuses to accept him, then he shall pay Gelyn Verplanck the full amount promised him upon completion of the contract. Done at Fort Amsterdam in New Netherland, ady ut supra. (Was signed:) C. van Ruyven, secretary.
