court case from Nysted justitsprotokoller, 1668

[Lisa Petersen]

Hi

Can someone familiar with the old script look at this court case and tell me what it's about?  I don't need a transcription, just a summary of what's going on.  I think it's about the death of Hendrich Organistis.  The persons I am most interested in are Hendrich Schullermand and his wife Barbara.  Why are they involved?

Nysted byfoged justitsprotokoller 1667-1674
begins image 57, 1668 Aug 31, left page, 10 lines down from top,  https://www.sa.dk/ao-soegesider/da/billedviser?epid=20651493#315647,64734913
ends about image 92, 1668 Oct 19,  https://www.sa.dk/ao-soegesider/da/billedviser?epid=20651493#315647,64734948

På forhånd tak.

Lisa Petersen
near Washington, D.C.

[Grethe Leerbech]

Hi Lisa

It is about a baptisme party at Hendrich Schöllerman, The Organist and his brother Johan Bredendorf are discussing and quarreling with Schöllerman about something- they accuse each other of something- se "opslag 60 left side- (but it is difficult to read) and the organist and his brother left the party and went home to the organist. But Schöllerman follows them - and he has his sword or saber with him .

In the house they begin to fight and then Schöllerman is accused of have given the organist his mortal wound.

They all have 16 withnesses with them in the court, and they all have given written testimonials. Also the kings barbier (who are the man who bleed the organist) and the royal chirurge Philipe Hacqvard give testemonials.  "Down at page 64 right page they write" Hr. Ober Inspecteur Hendrich Schollerman for en Morder" - That they call hr. H.Sch. for an murder- also they call him upper inspector!

It is said that after the fighting the organist has to lay in bed and did that till he died.  Opslag 68 left side is written" that a withness saw that ,when Hendrich Schöllermann left the house, the blod ran down the Organists cheek - and his eye is hurt. It is written that Schöllerman had a rapier -but also that the organist lay down at the floor. The organists wife Else is present at the fight .  
The organist is the clerk in the city.  The withnesses also tells that Shöllermann broke the window up in the organists house and he came out with his "sword or sabel" drawn. Also Schöllermann should have broken the organists Instrument (what it is they don't write)

some of the matter should be that the organist has complaint over Schöllermann to the Bailiff, but the bailiff hasn't received any complaint.

The end is- short - that when Else the day after went to the towns bailiff and complaint he didn't have any time and asked if it could wait to next day -and he said that Else hasn't given any complaint and therefore  no men went to the organists house to examine whats happened and whats about the organists health and it was first after his dead that a complaint over Schöllerman was given.

it ends: That this stroke Schöllerman has given the organist is not his mortal wound also because the organist already was weak and had been ill for a long time.

I hope that somebody else can give you an answer about what they are quarreling about- It sounds as if it is of some work, or some money for brandy, that the one own the other money. .....


greetings
Grethe

[Lisa Petersen]

Hej Grethe

A million thanks for your summary of this court case!!  The details you give are more than I expected anyone to do.  It's a very interesting story and I wouldn't expect so much drama in 17th century Denmark!  I wonder if the same events happened today, would Hendrich Skullermand be found responsible for the death?

It does make me think of the 1733 attack by Henrik Skjøllermand in Bække sogn that you found in the Koldinghus tingbog.  The Henrich in Bække could have been a son of the Hendrich in Nysted, and sometimes violence (or alcoholism?) runs in families.

Thank you, Grethe, for your work on this old court case!

Lisa Petersen

[Ole Westermann]

I have not read all the many pages - but selected ones. Picked these out:

Else, late Hendrich Organist's (HO), with her guardian (except may other people) to witness in a case concerning HO's death.
Also called Hendrich Schullermand (HS) to witness.
Mads Adtzersen is representing HS's wife Barbara.
The city bailiff Michel Throelsen asked if Else would ask for herself - 2 men were sent to her house and returned with a written statement
also signed by HO's brother Johan Bredendiech - Else was sick and in bed - but would witness when fresh again.
The life surgeon of the Prince etc, Mr Philip Hacqvardt, put a written statement dat. Nykøbing 24. Aug.1668, about the HO's wound.
Another collegue to Philip, city surgeon in Nysted, Mr Hans Rannou, also helped.
Mr Philip had after opening the wound near the left eye said, that the wound could not have caused the death of HO. Other people also investigated
the body and found nothing more - and by turning the body round they didn't find any other lesions.
Another statement from the curate Chr. Mortensen told, that he had visited HO before he died, and HO had no complaints at all about HS
- and HO would like to talk to HS again.
Also HO's brother witnesses, that HS is not responsible for the death of his brother.
The reason for the discrepancies was, that HO with wife and brother had suddenly left the christening party in HS's house.
And HS had felt offended by this.
And shortly - in the end HS was found not guilty in causing the death of HO.

mvh Ole

[Grethe Leerbech]

Hi Lisa

I have read something of it again. and in opslag 59 I can se the following from a testimonial:

Hendrich the organist and his brother Johan plays fiddles (violins) at the party, and it was or is very noisy and happy and "lysteligt" - "merrily" party, but the organist feels a little tired, and he and the brother decides to stop the music and go home to the organist, with their "Instruments" . But Schöllerman insisted, that he still wants their service , but they both refuses and leave the party, which upsets him a lot.

When he enters the organists house, he is the only person who has a weapon, they use different names: sword, sabel, rapier. An with that weapon he has given the organist a wound in the eye. They quarrel and the neighbours came to because they heard it, they call it "tumult" that is uproar, but all of them says that Schöllermann has only stung him once, but has afterwords when he left broken their window and the instruments did he break with his cane. After that did Schöllermann also give the Organist some stroke with the cane and he fell, but Else his wife succeded in getting him on a chair.
Also did the Broder Johan to the question Why they left say:  that there where no more guests present.

If Schöllermann should be more violent than other at that time I doubt. But he is higher at rang than the organist, and I am sure that he is much offended that the organist and his brother goes home when he tells them to stay even if there are no guests present. At that time people often fight each other and often higher rang people beats lower rang. One must also remember that they drank a lot at that time  - also in normal days- and thats often the reason that we see so many quarrels and fights in the justitsprotocols.

Whats more strange is that Else and the brother Johan the whole time explains they are poor people and Schöllermann is wealthy, so I wonder why the court has not given her any compensation for the fiddle (violin) and the window.  Also that when Else is asked to wait for the next day when she reports to the town bailiff she doesn't return the day after.  The organist laid in bed in 14 days after the fight with Schöllermann.  It is unclair if Johans fiddle also was broken.

Grethe

[Lisa Petersen]

Hej Ole and Grethe

Thank you for taking the time to read this old court case and summarize the details here.  I think I have a better understanding now of what happened.  That Hendrich Schullermand was angry is certain, that he fought with and injured Hendrich Organistis is clear, but those injuries were minor and not enough to cause his death.  It's interesting that the higher rank showed their dominance by beating up on the lower rank people.  We still have that problem today in some places.  It's also interesting that HO and his brother played fiddles.  I wonder what music they played, in a time before Bach and many other famous composers.

Grethe, it is possible that Else was paid for the damages a few months later.  I am looking at more pages and have found her name on some, sometimes with Hendrich Schullermand's and sometimes without.  Example, opsl. 113, right page, 5 Apr 1669, https://www.sa.dk/ao-soegesider/da/billedviser?epid=20651493#315647,64734968

I am going to look for more court cases involving Hendrich Schullermand, or the children.

Thank you for all your help.  It is very much appreciated!

Lisa P.

[Ole Westermann]

I don't see which music instruments were used - only the word 'instrumenter' - and at that time it is more probable, that
it was some kind of wind instruments like flute or obo - or it could have been a lute.

Never mind - on April 5, 1669 a letter from Her Majesty the Queen wanted to know what was up and down in the case
between Hendrich Bredendiech Organist and Hendrich Schullermand (Royal Majesty's 'Ridefoged' in Aalholm Amt).
So HO's widow Else and brother Johan Bredendiech were asked for statements again. And they both repeated their
statements (oral and written) from the local court ('ting') and regional court ('landsting') in which they had nothing to
blame HS.
Also HS met at the court with his written sentences from these courts in which he was judged 'not guilty'.

mvh Ole

[Grethe Leerbech]

Hi Lisa

Ole Westermann is right- he is also much much better to read old text as I am, but sometimes you guess what's standing and I got a difficult word connected with instruments and "thought" it could be "fiddle",
About the link you gave. It's right Else organisten gets some money 9 "rigsdaler" old danish coin which Jacob Inger owns her.
So thats not any compensation for the instrument etc.
When you often see Schöllermanns name in the court book it is often because he either has summonded (stævnet) or work as a jury service , (kaldsmand)
But as you can read the queen has not taken it easy when she heard that her "ridefoged" has been involved in a death of one of the servant in the town . Also that she let it come to the "landsting -which is an upper court,

A clerck at that time (degn) was a teacher and also helped the priest in service etc. Often they were arm and sometimes they also had very bad accomodations, because the town should provide a house for them and also a schoolroom.  He is called organist, it's probably that he plaid the organ in Nysted kirke. The eldest organ we know of is from 1665, the church is from 1300 century, from the catolic time. But of course renovated , still a beautifull church.

[Lisa Petersen]

Hej Ole

Well, 'instruments' are not as exciting as violins, but okay, you are probably right they were likely wind instruments or a lute.  Thanks for the additional information about the Queen's inquiry and Else and the brother Johan's statements.  That helps explain why this case took so long.


Hej Grethe

Thanks for looking at the later case involving Else.  Maybe her compensation is in there somewhere, and maybe it's not very important.

Yes I think most times I see Hendrich Schullermand's name in the justitsprotokoller it is because of his job, which is not so interesting.  But I will keep looking, and hope to find more cases where he or his children are the plaintiff or defendant, or a witness.


Mange venlige hilsener.

Lisa P.