Appeal of Cornelis van Gezel of a judgment pronounced against him by the court at New Amstel

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Petrus Stuyvesandt, on behalf of their honorable High Mightinesses the lords States General of the United Netherlands and the lords directors of the Chartered West India Company, chamber of Amsterdam, director general of N. Netherland, Curaçao, Bonaire, Aruba and the dependencies thereof, together with the honorable lords councilors, have summoned hereto the sergeant Jacob vander Veer, greetings.

Whereas Cornelis van Gezel has remonstrated to us how he, as plaintiff, requested in a suit on the 26th of October before the court in N. Amstel a sum of ƒ143:8 stemming from excessive disbursements paid, loaned, and other monies due him, as per an account submitted to the defendant by law and also for this session; and also requested an account of some pieces of land paid for by Mr. d’Hinojossa for the late Mr. Alrichs (so he says), moreover, a conveyance on behalf of the estate on account of the pieces of land; and notwithstanding the mentioned payment was requested repeatedly outside the court, and accounts delivered and offered, nevertheless a copy was agreed to within 14 days; and on the 9th of November (although two special court sessions were held since then; also, the petitioner not knowing why he was being summoned by d’Hinojossa, waited until after midday; and also, he had requested to stand proxy, yet had to withdraw because nothing was done) the defendant first responded in session, making in addition a counter claim for the sum of ƒ293:8:8 stemming [      ] from matters which the petitioner is not indebted; after this counter suit he also requested a copy of it in order to respond after due deliberation. Nevertheless the court pronounced in the same day a precipitous and mistaken judgment unjustly condemning the petitioner to a sum of ƒ34:11:8, where the matter was to have been closed for both suit and counter suit, without the petitioner having been able to receive from the secretary his own original papers in suit or the special marginal response of the defendant in counter suit or copies of the writs such as accounts, manuscripts and letters upon which the counter suit was based, but the same were improperly withheld by d’Hinojossa [      ] parties, so that the petitioner has not been able to proceed further as required; moreover, because he was ready to come here with the bark concerning the estate of the late Mr. Alrichs; above all this, d’Hinojossa has demanded the payment of the aforesaid sum of ƒ134:11:8 by a summons from the court messenger (so he says). For which reason he requests our assistance.

Therefore, we hereby order and commission you, Jacob vander Veer, upon the request of the aforesaid Cornelis van Gezel, to summon the aforementioned Alexander d’Hinojossa to come and to appear, or to send a deputy, before us here in Fort Amsterdam within the period of three weeks after announcement of this in order to sustain and vindicate the judgment and the contents thereof or to annul it; and, if it is so deemed, to respond to such demands and rejoinders as the aforesaid Van Gezel shall make and effect against him, inviting those of the aforesaid court (if it pleases them) to appear or to send deputies on the appointed day in order to see us annul or confirm the aforesaid judgment. Making copies for the parties and relating to us what you encounter.

Thus done and issued in Fort Amsterdam in N. Netherland, the 23rd of December 1660.


Translation: Gehring, C., trans./ed., New Netherland Documents Series: Vol. 16, part 1, Laws and Writs of Appeal, 1647-1663 (Syracuse: 1991).A complete copy of this publication is available on the New Netherland Institute website.