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Actions of debt; action of damages against Thomas Chombert

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Ordinary Session
November 7,1656

Present:

La Montagne, commissary
Rutgher Jacobsz
Andries Harperss
Jacob Schermerhooren
Philip Pieterss
magistrates

Juffrouw Johanna t’Hulter, plaintiff, against Tomas Clabbort, defendant.
The plaintiff demands payment of a certain account delivered to the defendant.
The defendant maintains that he satisfied her by means of a counterclaim delivered to the plaintiff.
The parties having been heard, it is ordered by the court that the plaintiff shall within the space of fourteen days state her objections to the defendant’s account.

Jujfrouw t’Hullert, plaintiff, against Govert Hendricksen, defendant.
The defendant failing to appear, default is entered against him.
NB default from the second time to the third.[1]

Harmen Jacobsen, plaintiff, against Jan Roeloffsen, Gerrit Hendericksen, and Huybert Janssen, defendants.
Huybert Janssen appearing alone, acknowledged the debt.
The court orders the defendant, Huybert Janssen, to pay the admitted debt within the space of three months and orders first default to be entered against Jan Roeloffsen and Gerrit Hendericksen.

Arent vanden Berch, plaintiff, against Henderick Gerritsen, defendant.
The defendant failing to appear, first default is entered against him.

Cornelis Teunissen, plaintiff, in a case of slander against Abraham Stevensen Crawaet, defendant.
The defendant failing to appear, first default is entered against him.

The officer, in a case of slander and insolence, plaintiff, against Tomas Chambert, alias Clabbort.
The plaintiff demands reparation for abusive remarks made in his presence and that of the entire court about the honorable directors, the director general and council, and the entire court on the 6th of November last in the house of Willem Freedericksen Bout, where the said court and the surveyors had met to decide some question regarding the survey.
The defendant excuses himself on the ground that he was drunk and does not know what he said or did, saying that he is sorry that he used offensive language to his superior authorities. He promises not to do it again and declares that he is ready to undergo such punishment as he deserves in case he should repeat the offense, begging pardon for the aforesaid misdeed.
The court, observing the defendant’s sorrow and his promises, and considering the condition he was in when he uttered the said abusive remarks, excuses him for the present from undergoing the merited punishment and, preferring leniency to rigor, condemn the defendant to pay a fine of one hundred, fifty guilders, to be paid within the space of six weeks.
NB the time will expire on the 20th of December.[2]

Notes

The nota bene is a marginal notation indicating that this is the third default,
This appears as a marginal notation in the original.

References

Translation: Gehring, C., trans./ed., New Netherland Documents Series: Vol. 16, part 2, Fort Orange Court Minutes, 1652-1660 (Syracuse: Syracuse University Press: 1990).A complete copy of this publication is available on the New Netherland Institute website.