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[several lines lost] Received the written [      ] Wessels, farmer of the excise of the [ beers, wines, ] brandy, and distilled spirits [ to be consumed at ] the innkeepers’ and tappers’ within the jurisdiction of this town, against Jacob Cohen, defendant, demanding 66½ mingele of anise water found at his house above the set mark, and the fines to which he is condemned, together –825–. The defendant being present, requested a copy of the demand in order to reply by the next court day, which he was allowed. Dated as above.^[i]

Received the answer of Jacob Cohen, Joode, defendant, against Warnaer Wessels, farmer of the tappers’ excise of this city, plaintiff, upon which, after it was read, it is resolved to hand a copy of it to the parties in order to reply by the next court day. Dated as before.

Received the reply of Warnaer [ Wessels, farmer ] of the tappers’ excise of this city, plaintiff, against Jacob Cohen, defendant, to which, after it had been read, it is resolved: To hand a copy of this to the parties in order to respond to it for a second time; and parties on both sides are ordered to produce all their documents used for the legal proceedings by the next court day. Dated as above.

Received the second answer of Jacob Cohen, defendant, against Warnaer Wessels, farmer, plaintiff, which, having been read, it is resolved: The defendant Jacob Cohen is ordered to have a copy of his second answer delivered to the plaintiff, so he can reply to it in writing if it suits him. The plaintiff is ordered to have an abstract made for both the defendant and the director general and councilors of the contents of the points he brought forward, and to produce this in writing, together with his documents. Dated as above.

[several lines lost] the plaintiff after his [      ] at the house of the defendant [      ] anisette on two quater [casjes,]^[ii] which the defendant did [ not ] report on the 7th of the same month in order to [ be sold ] by the small measure, demanding therefore a fine of 825 guilders. The defendant, rejecting the submitted claim, answers and proves with an attestation of two witnesses, that the found 66½ mingele anise in question, after they were distilled by him, were not yet finished and that he would have reported them (when ready). The plaintiff says in his reply that the 66½ mingele of anise in question was anise of a second distillation, because the spices were already added; which the plaintiff tries to prove through the defendant’s wife, who showed the plaintiff a similar quater cas, about half full, declaring that its contents were only distilled once. Therefore, he claims that the 66½ mingele were ready, and that the defendant would be able to cheat the plaintiff greatly if the defendant as a distiller would not report what he would distill and prepare later. The defendant in his second reply persists in his previous answer and proof that the 66½ mingele concerned were not finished, and further, rejecting the plaintiff’s reply, declares that his wife has no understanding of distilling; besides, that there is no law for him, or any distiller, about how and when to put the spices into the distilled [ water ]. He declares that he committed no fraud, and that he is not obligated to report the concerned spirits before they are ready to be offered for sale.

Having examined and considered all documents produced, and in view of whatever else may be relevant, the director general and councilors of N: Netherland find in the [several lines lost] the final pleading taken [      ] contradicts and conflicts [ with ] the ordinance published on the excise of wines and beers, that a distiller [ should ] tap and peddle by the small measure (:for which purpose the plaintiff passed a tappers’ certificate to the defendant:); the defendant is hereby prohibited either to distill or to peddle by the small measure, condemning each party to pay his own expenses made in this lawsuit. Thus done at the session of the honorable lord director general and councilors held in Fort Amsterdam in N: Netherland, dated 26 February 1658.

P. Stuyvesant Pieter Tonneman

Notes

References

Translation: Gehring, C., & Venema, J. (Ed.). New York Historical Manuscripts: Dutch, Vol. 8, Council Minutes, 1656-1658 Syracuse, N.Y.: Syracuse University Press: 2018.A complete copy of this publication is available on the New Netherland Institute website.