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Appeal of John Culpeper of a judgment of the court at New Amsterdam in favor of Hatton Atkins

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The honorable director general and council of New Netherland have summoned hereto the court messenger Claes van Elslant, greetings.

Whereas Jan Culpeper has remonstrated to us by petition that he finds himself greatly aggrieved by a certain decision of the honorable court of this city dated the 22d of this month, granted at his request on the matter in contention between him, petitioner, and one Hatton Atkins for reasons detailed in the attached copy of the petition. For which our assistance is requested.[1]

Therefore, we order [ you ] to summon the aforesaid Hatton Atkins to appear or to send a deputy, before us here in Fort Amsterdam, on Monday, being the 28th of this month, in order to respond to such demands and rejoinders which the aforesaid Jan Culpeper shall make and effect against him at that time, inviting also those of the aforesaid court to appear, or tosend deputies, on the appointed day (if it pleases them) in order to see us confirm or alter the aforesaid decision. Providing copies on behalf of the parties and relating to us what you encounter.

Done in Fort Amsterdam in New Netherland,
the 29th of May 1663.

Notes

This was Culpeper’s second appeal from the judgment of the New Amsterdam court’s decision regarding his account with Atkins. The council, having rejected Culpeper’s first appeal, ruled in favor of Atkins. See NYCM, 102:81, 111- 12, 116, 119 for the rulings of the council; and RNA, 4:226, 228, 230-31, 241, 245 for the progress of the case in the court of New Amsterdam.

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.