Legal proceeding, signed by Livingston's secretary - American History 1493-1945 - Adam Matthew Digital

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Field name	Value
Collection Reference Number	GLC03107.00011
From Archive Folder	The Livingston Family Papers [002] 1671-1676
Title	Legal proceeding, signed by Livingston's secretary
Date	29 August 1676
Author	Livingston, Robert (1654-1728)
Document Type	Legal document
Content Description	Proceedings of case of Nicolaus van Renselaer v. Jacob Milborne and Jacob Leisler. Leisler and Milborne have returned to the Court to request that Renselaer redact all statements made about Leisler and Milborne, and that he also pay the amount awarded by the Court. Renselaer is willing to revoke all statements, but refuses to pay Leisler and Milborne. The two therefore request that Renselaer be held "in Security" until he is willing to pay the award.
Subjects	Finance Law Judiciary Government and Civics Religion
People	Livingston, Robert (1654-1728)
Place written	Albany, New York
Theme	Law; Religion
Sub-collection	The Livingston Family Papers
Copyright	The Gilder Lehrman Institute of American History
Module	Settlement, Commerce, Revolution and Reform: 1493-1859
Transcript	Show/hide At a Special Court held in Albany the 29th of Aug[ust] 1676. Mr. Jacob Milbourne & Mr. Leisler doe Desire that dom. Renselaer may bee ordered to fullfill the sentense of the 23rd of this instant, in giving of Security, alleging by this, that a sentence past, without the Execution, is like a boddy without soull; & desire humbly that presently a warrant may bee served to fullfill the said sentense, or else to order his person may bee secured - according to Law; Because the Pet. will not revoce his instituted action against them, saying, that they wch. are accused in an action or Judgement, are guilty, till it is recalled, Further they say that it is done in the Church & reconsiled together but because Dom. Renselaer is not willing to pay all the Charges, they desire that the action may proceed in toto. The worshipfull Court Fiat, and due order and authorize the Sheriffe wth. this, to putt the sentence past the 23rd of August presently to execution. Mr Leisler & Mr Milbourne appearing againe before Court, doe declaire that dom. Renselaer a greate action Both instituted against them, apearing by the Records, and whereas they are reconsiled by good Love & arbitraion [sic], desire to know, iff don. Renselaer is willing to Revoce his actions and to pay all Charges, or Nott. Dom. Renselaer being likewise present, declared by vertue of the foresaid reconsiliaion [sic] done by arbitrators, to Revoke and to annull the sd. action, but refused to pay all Charges. [1] The Mr.s Leisler & Milborne, cane not understand to bee liable to the Charges, rather willing that the action shall remain in toto. Dom. Renselaer, (after hee hadth Considerd a little wile, doth refuse to Pay the charges. Leisler & Milborne disire instantly that the sentense past the 23rd of this instant may bee putt to execution, specially for the putting in of Security, and that the Sheriffe may bee authorized for the performance there off. Dom: Renselaer referrett the action for the exp[ens]es to the worshipfull Court, or to the Peace makers. The Worshipfull Court having heard the partyes, doe order the Sheriffe, to prese into the action Conserning the Caution, imposed to Dom: Renselaer. Agreet wth. the Origenall minute, the knowledge of mee. R. Livingston Secy.

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