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Appeal of Wessel Evertsen of a judgment of the court at New Amsterdam in favor of Frans Jansen van Hochten

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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 court messenger, Claes van Elslant, greetings.

Whereas Wessel Evertsz has remonstrated to us that he finds himself greatly aggrieved by the judgment of the arbitrators concerning the matter in dispute between the aforesaid Wessel Evertsz and Frans Jansen van Hochten, carpenter, appended to the judgment of the honorable burgomasters and schepenen of this city, dated 31 January, last past, as appears in more detail by his petition attached hereto.[1] For which he requests our assistance.

Therefore, we order you to summon the aforesaid Frans Jansen van Hochten to appear, or to send a deputy, before us here in Fort Amsterdam, on Thursday being the 23rd of this month, in order to see us annul and vacate the aforesaid judgment, at least correcting and emending it, sustaining or repudiating it, as shall be deemed fit; in addition, responding to such demands which the petitioner shall make at that time to be exempt from the intervening costs of his arbitration and appeal, inviting the aforesaid magistrates, together with the arbitrators stated in the attached petition, to appear or to send deputies, on the appointed day (if it pleases them), ordering, on behalf of the high authorities of this province, the aforesaid defendant and concerned parties to do or effect nothing in prejudice of the aforesaid arbitration and appeal, rather, on the contrary, if anything were done or effected to reinstate it at once without delay, and to return it to its original and proper state. Providing copies on behalf of the parties and relating to us what you encounter.

Thus done and issued in Fort Amsterdam in N. Netherland, the 14th of March 1662.

Notes

Wessel Evertsz had been ordered to pay Frans Jansen for work done on Evertsz’ house. Evertsz maintained it was not completed; Jansen maintained he had done all that was ordered. Arbitrators Nicolas de Meyer and Robert Rolans decided in favor of Jansen, the defendant; see RNA, 4:24—25. The council’s decision is not known.

References

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.