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Order on application of Jacob van Couwenhoven for a writ of relief from a judgment obtained against him, and subsequent proceedings

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[several lines lost] Jansz of the curators of the [      ] mainly showing [      ] demand and claim that the lord scheepen [      ] Sr. Pieter Buijs believe they have as a charge against him ] in his capacity as attorney for Walewijn vander Veen. He ] is summoned and ordered to provide a promissory note,[i] and because he raises quite a few objections against the recent settlement with Walewijn van der Veen, he requested to be released from the said settlement, and also that, on account of the aforesaid reasons, he could be granted judicial order of withdrawal, etc.

After deliberation it is resolved: Before allowing reparation, the director general and councilors order that a copy hereof be handed to the attorneys of Walewijn vander Veen—Cornelis Steenwijck, and Pieter Jacobsz Buijs. Meanwhile, the petitioner is allowed to have the same attorney summoned before the director general and councilors on the next court day, and then at the same time show in writing by which items in the account with the principal creditor Walewijn vander Veen he feels injured,[ii] and for which he ] requests reparation. Dated as above.

Received the petition of Jacob van Couwenhoven, mainly requesting, as he did on the date of 26 February, sentence of redress, without, by virtue of the resolution of the aforesaid date, specifying why he finds himself injured or seeks redress, as appears more clearly from his petition.

After deliberation it is resolved: The petitioner is still ordered by the first court day to deliver and indicate specifically and in writing about which items in the account with this principal creditor Walewijn van der Veen he finds himself injured and requests redress. Dated as above.

[several lines lost] injured [      ] the same appeared and came into court ] [      ], whereas the said Couwenhoven [      ] the aforesaid resolution showed nothing relevant. Couwenhoven was still ordered to do this by the next court day. Meanwhile, Pieter Jacobsz Buijs was ordered to hand in at the office of the secretary of the director general and councilors a copy from the account of Benjamin vande Water concerning the aforesaid Couwenhoven, which he agreed to do. Dated as above.[iii]

Received the petition of Jacob van Couwenhoven, continuing his request for sentence of redress of the latest settlement with Sr. Walewijn vander Veen, as he also requested this on 26 February and 5 March.

After deliberation it is resolved to hand a copy of this petition to the parties in order that they may reply to it by the next court day. Dated as above.

[several lines lost] request [      ] of the attorneys ] of Jacob van Couwenhoven [      ] although [      ] by the court messenger he, Couwenhoven, with all respect, shows explicitly the point in the last settlement with Vander Veen, about which he finds himself highly injured, namely,

His mortgage bill, passed on 25 October 1655, shows that he finally and fully settled and liquidated with lord Allard Anthonij everything that he owed the late Vande Water, and that on the whole he did not owe more than the sum of ƒ3543:19:–

On this was paid

To lord Allard Anthonij ƒ1016:5:

by Nicolaes Meijer ƒ2900:–

together ƒ3916:5

So that Couwenhoven overpaid ƒ 372:16.

Now, according to the last settlement with Vander Veen, the petitioner would not only owe, excepting the aforesaid paid ƒ1016:5:, in capital and interest together equaling ƒ3592:10 ], but also another four items that still would stand open and unsettled. And while, as said before, the petitioner fully settled with lord Allard Anthonij, overpaid the ƒ372:16 and since that date received no goods or anything else on account of the late Vande Water, and in addition, that Vander Veen and Allard Anthonij settled with each other, as well, and consequently, [      ] the aforesaid reached settlement [several lines lost] [      ] request [      ] elijck that your honors [      ] to release the petitioner of ditto reached [      ] settlement (as ] being interest of interest well ] counted), Your honors’ humble and obedient servant (was signed:) Jacob van Couwenhoven.

Having received and read the foregoing petition, it is resolved, to hand a copy of this to the parties to reply by the next court day. Dated as above.

[several lines lost] of [      ] exhibited a certain [      ] appointment of evocation [      ] between Walewijn vander Veen and him, Jacob van Couwenhooven, might be settled by your honors, and, having heard the parties therein, be decided and determined by your honors; upon which, by resolution of date 26 February 1658, it was ordered by your honors that Jacob van Couwenhooven hand over the copy of the request to W. vander Veen’s attorney, and to summon him to appear before your honors on the next court day, and at the same time show by which items in the settlement of the account with the principal W: V: Veen he finds himself injured. Thereupon Jacob van Couwenhooven had him, petitioner, summoned to appear before your honors without pointing out any items. And whereas Jacob van Couwenhooven sold to Claes Maijer a certain lot and mill house that is mortgaged to W. vander Veen explicitly, the aforesaid Meijer convinced the honorable burgomasters’ and schepenen so far that the mortgage on the aforesaid mill house and lot would be annulled by their attorney without Walewijn having been paid prior to the sale. And whereas Jacob van Couwenhooven himself with the aforesaid petition asks your honors to decide and determine the case, he, petitioner, requests that the case between Jacob van Couwenhooven and Walewijn vander Veen remain firm before and with your honors’ bench, and that it be decided and determined as your honors shall find appropriate in all fairness, and that Jacob van Couwenhooven once again be ordered to show the items by which he finds himself injured, in order to come to a closure of the case. Which doing, I remain (lower stood) Your honors’ (was signed) Pieter Jacobsen Buijs.

[several lines lost] date 26 F[      ] granted [      ] petition of Jacob van Couwenhoven, according to which Jacob van Couwenhoven is ordered to show at their meeting specifically by which items in the settlement reached with Walewijn van der Veen he finds himself injured and seeks redress. Dated as above.

Notes

Aanwijzinge van goederen.
... int’ stuck van reeck. This expression does not appear in the WNT. Perhaps per slot van reeck was meant, which means “after all.”
See 8:741, 756, 772, 783, and 805 (missing) for other proceedings related to this case.

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.