Preliminary Notes:
While the transcription includes only a few minor changes for readability, the original document that follows the transcription offers the opportunity to experience the events as witnessed and described by Christian Schultz in his original handwriting in 1761. Schultz lived on what is known as Old Post Road south of the intersection with Hook Road in Rhinebeck, N. Y. Today, that location is a scenic rural road on the Red Hook/Rhinebeck Historic District Bike/Hike Trail.
And now, let’s hear the witness:
Affidavit: A Transcription
Affidavit of me, Christian Schultzs in the Love Affair formerly, but now Trouble depending between Marytje, daughter of Conrad Berringer, plaintiff and Benjamin Kip, defendant. That in the Beginning of the Summer in the last past year, one Morning I went from my House downwards along the Post Road. When I came opposite the orchard of Mr. Johannes Kip, I see said Benjamin Kip coming towards me, bidding me a good Morning. And Said that he was glad that I came, or else he would have to come to my House and that he wanted a letter hath writt by me to New York. Asking him on what Contents and to what Person there- He answered: He wanted a License for to be married with said Marytje Gisselbregt. I wish him Joy and continual Contentment with his Sweet Heart etc. Then asked him to what Person I Should write. And that was to be his Security in New York on Account of Said License.
He answered he did not know, but would talk to Wm. He and I and Wm. Ostrander should meet that day in the afternoon at his brother Jacob Kip about Affair, and so Parting I told him that Mr. Henry Shafer was gone. Express to Albany though he delivered me to call in by Said Marytje and talk with her about the Matter. I coming to Marytje I said I wish you Bride, Joy and Prosperity with your Bridegroom. She began to Smile asking who had told me So and if Ben Kip had been with me and we talking a few Minutes over met by the Way. Mr. Joh. Kip Sr. Bidding him a good Morning and asking how he and his Family did. He said every one came holy.
I asked what is the Reason of it. He asked me if I had not heard, that Said Marytje Giss. proved to be with Child and that his Son Benj. would have her and marry her and all that He and Margriet did do, and could do, seemed to be ineffectual, and that he & said Margriet was most out of their wits about it since they could not eat nor Sleep for it. I told him that I was Sorry that it was So, But Since it was come So far I wish that thee said Parents would not take it so hard and Since while _ would Marry one another I thought it for the best not to hinder such a good intention, but Mr. Joh. Kip not liking, we parted. In the Afternoon, Benjamin Kip, William Ostrander and I met afore appointed Place and after Some Deliberation, it was Fixed that William Ostrander was to go to N. York and while Ben. Kip and William Ostrander was agreeing about the Price and what said William Ostrander was to have for his Trouble, I was called home. And Some Days after delivered by the _ _ Parties to Enquire if no License was to be had in the Country, accordingly I spoke to Mr. Cranny Esq. & he told me not.
Evidence of Christian Schultz
Sworn and Taken before us May 1761
Petrus Ten Broeck
August Ten Eyck
Update
I first searched the Ancient Court Documents looking for my ancestor Christian Schultz. I found Christian Schultz as a witness on this Dutchess County Case. I was intrigued. When I read the Affidavit document, no other documents had been scanned; the outcome of the case was uncertain. Although Schultz’s final words, “and he told me not” were not indicative of a pending marriage, the case was closed, or not? Today, I searched the court documents and discovered more documentation.
Court Documents– Benjamin Kip
In addition to this affidavit, five Dutchess County Ancient Documents dated in 1761 have been scanned by the Department of History with Benjamin Kip as defendant. It was reported that the widow Maria Giselbregh gave birth. The baby was named Margrita and christened in the Low Dutch Calvinist Church, but she was referred to as a “female bastard child” in all of the court documents. The Overseers of the Poor and the court determined that Benjamin Kip must pay for the care of his child. Two arrest warrants, an order in bastardy, an order in recognizance in bastardy, an examination, and an examination and affidavit all with the charge of bastardy were documented in 1761. A few years later, in 1764 and 1765, Benjamin Kip was charged with trespassing; the charge was debt owed to William Ludlow. There were no other court documents available on the site. It is unknown whether Kip began paying support, or whether court cases followed. (Documents #4233, #4234, #4235, #4236, #4239, and #4249)
Examination of the Witness– Maria Giselbregt
In August of 1760 and February of 1761, the witness Maria Giselbregt was questioned. She explained that her husband left her five years before, and she had five children at home. She lived next door to Benjamin Kip, and “he come to visit her as he had done before for some considerable long time.” “He promised her great kindness and he promised to marry her and prevailed on her and had the carnal knowledge of her body.” “She gave oath that Benjamin Kip and no other person whatsoever is the only true father of the bastard child of which she is now pregnant.” Maria then signed with her mark, a “M”. Maria’s name did not appear on any other court cases. (Documents #4247 and #4248)
Closing Statement
After some preliminary searching, I did find a record of the Giselbregt family in Rhinebeck, and many records related to the Kip families. However, I did not locate any details about Margrite. The mystery is not solved. However, in this time of continuous digitization of ancient documents; there may come a day when a quick search will reveal a bit more …
More to Explore
- See Dutchess NY for this and more ancient documents.
- In James H. Smith’s History of Dutchess County New York, Johannis Kip, father of the defendant and Coenradt Berringer, father of the plaintiff were listed on the 1740 “list of freeholders”.
- Conradt Berringer was grantee and Henry Beekman grantor on a 1735 deed for Rhinebeck land according to New York Land Records 1630-1975.
- Marieles Gisselbrecht was christened on 28 August 1743 at Reformed Church in Rhinebeck. Her parents were Godvriet Gisselbrecht and Marya Berringer. Is she our Marytje Gisselbregt?
- Benjamin Kip, son of Johannes and brother of Jacob, was born on 12 May 1732 in Rhinebeck. He married Marietie Van Steenbergen on 20 March 1762. Is he our Benjamin? Did he marry another girl less than a year after the affidavit?
Keeping NY History Alive 