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From: Richard Ball <>
Subject: Re Frecderich Both/Booth
Date: Tue, 18 Jul 2006 08:54:14 +0100
References: <000801c6a9b9$550dced0$cc102950@your447023ae6b><15137579671.20060717171716@rootsweb.com><000601c6a9d5$38e619d0$cc102950@your447023ae6b><6250410859.20060717204959@rootsweb.com><003101c6aa07$acbdca10$cc102950@your447023ae6b>
In-Reply-To: <003101c6aa07$acbdca10$cc102950@your447023ae6b>


Hello Deborah,

Thanks for your email.

you write:

DL> Hi Francois and Richard, My own notes are not yet sorted, but I
DL> am interested Richard, that you believe the date to be 1714.

The source for this is the Stellenbosch marriage register, as stated
on the web page to which I previously made mention:

http://www.ballfamilyrecords.co.uk/lombard/I411.html

You quote from Joe Botha's web site:

DL> By die egskeiding van Jan Cornelisz en Maria Kickers word die
DL> volgende aangegee (per JLM Franken - "Die Franse Vlugtelinge,
DL> Huisgenoot" 16 Julie 1926, voetnota):

And you continue with some quotes from the Council of Justice divorce
case of 22nd Jan 1700, where Jan Cornelisz van Oudbeijerland is
bringing action to divorce his wife on grounds of mistreatment and
adultery with Fredrik Botha.

I have a photograph of the relevant pages from this court case and the
subsequent prosecution for adultery in November 1706. They are quoted
accurately on the Botha web site above, and I have quoted in
translation, accurately I believe, the pith of the matter from both on
my web page above (the matter of the stock of Claas Das is confusing
and I am not sure what the significance of it was - two different
actions seem to have been tried at the same time - the problem with
these court case decisions is that they seldom, if ever, bother to
tell you why the people did they things they are accused of doing).

The sentence was, indeed, banishment to Mauritius for 10 years, but
it was presumably never carried out since:

1. They both appear in the muster rolls of free persons in the years
after that.

2. The Dutch settlement on Mauritius was abandoned and the island
evacuated at the end of 1707 and beginning of 1708, the decision
already having been taken notified to the Cape Government in March
1707. (This is off the top of my head - I hope it is totally accurate
but I am open to correction!)

You quote from the same web site:

In 1706 het FB "aan't Moddergat" gebly saam met Maria Kickers wat
toe by Matthys Greef op Stellenbosch gewerk het.

but there is no source given for this statement, even though it seems
to be a quotation.

You quote further from the Botha web site:

Terwyl Maria Kickers getroud was met Jan Cornelisz het sy met
beide Botha en Ferdinand Appel 'n verhouding gehad, gedurende die
tydperk het sy sewe kinders by Botha gehad en een kind by Appel.
Sy het ook 'n kind met Jan Coenraad Visser gehad.

Now this is hearsay reported as fact, plus an error.

You will note that Maria Kickers herself, under oath to the court,
stated that 'all the children from her present marriage' had been
engendered by Frederik Boot and also that she had had 8 children with
the same man. This accounts for all the children we know of born to
Maria Kickers.

In 1689 Belijtie Fredericks wife of the freeburger Harmen Jansen from
Noorthorn (ie. the wife of Harmen Jansz Potgieter) stated under oath:

that she, the attestator, during the
pregnancy of Maria Kickers (now four
years in the past) from the mouth of the aforesaid Maria Kickers
had heard, that the child with which she was pregnant,
did not belong to her husband Jan Cornelis but to
Frederik Boot, using in essence these words:
that she did not belong to all men, but kept herself to one, and
that
Frederik Boot was the father of the child with which she was now
pregnant,

and Beatrix Verwy, wife of Hendrik Cornelisz, adds her mite:

In similar fashion was
declared by Beatrix Gijsberts declaring that at this same time
the 11 August 1685 (it was a Sunday to the attestator's
best knowledge) likewise from the aforesaid Maria Kickers to
have heard, that Frederick Boot had known her, and
that she from that time on had become pregnant.

This tallies with what Maria Kickers stated in 1706, and identifies
Theunis Botha, baptised 15 April 1686 as the child of Fred Boot, but
the first statement, that of Belitie Fredriks, continues thus:

and also the father of her first child
? of the Ferdinandus Appel.

ende dat van hare eerste kints vader was geweest
[.]anen Ferdinandus Appel

We have no record of any child of Maria Kickers and Jan Cornelisz van
Oudbeijerland prior to Theunis in 1686 and there is no indication in
the muster rolls of there having been such a child, unless it was a
still birth or died shortly after birth before baptism.

This affidavit was signed in May 1689. Why was this declaration made?
We do not know since these things never give one reasons.

I repeat once more the statment from the Botha web site (since I have
left it rather far behind!):

Terwyl Maria Kickers getroud was met Jan Cornelisz het sy met
beide Botha en Ferdinand Appel 'n verhouding gehad, gedurende die
tydperk het sy sewe kinders by Botha gehad en een kind by Appel.
Sy het ook 'n kind met Jan Coenraad Visser gehad.

This states as fact what was only an accusation about Ferdinand Appel,
that he fathered 1 of her children and Botha the other 7, whereas
Maria herself stated under oath that all the children born in her
present marriage were fathered by Fredrik Botha (the last, the 8th,
was born after the divorce) and again in 1706 that she had had 8
children with Fredrik Botha.

The last sentence - Sy het ook 'n kind met Jan Coenraad Visser gehad -
is quite simply wrong. There is no evidence that I have been able to
find of any kind for such child.

You also quote from something unknown to me, AMD FROM GENCIRCLES, and
I break up your quotation into indented pieces below with my comments:

Maria was an orphan from the Netherlands, although she was not one
of the group of 10 who were brought to the Cape to be a wife for
the free burghers.

She may well have been an orphan, many people were, but I would like
to know what the evidence for this very often repeated statement is. I
have never seen any.

Court cases show that she used to beat up her husband, Jan
Cornelisz alias Jan Bombam.

No, he accused her of this as one of the grounds for his divorce.
There is also an affidavit from neighbours stating that she shouted at
him and hit him, presumably in preparation for the divorce, but no
proof.

She also accused him of being "incompetent" in bed.

We have seen precisely what she stated to the court above.

She had an adulterous affair with Frederich Botha while she was
still married to Jan Cornelisz, who was his employer. During this
time she had 7 children from Botha. In the proceedings Maria
admitted that ALL her children were fathered by Frederik Botha
because of Jan's "incompetency" and that he gave his tacit
approval.

This tallies with what we have read from the court records previously
except that we do not know that the approval was 'tacit'. Seems more
likely to me that he encouraged it actively (since it contined for 15
years) - perhaps he enjoyed it as a spectator sport?

They were convicted of adultery, assault of Claas Das and possession
of livestock. They were forced to live seperately - he was banned to
Mauritius for 10 years and she was banned to St Helena.

Not so - they were sentenced both to be exiled to Mauritius:

cond[amneer]t de beijde ged[aagden]s omme voor den tijd van thien
jaren na 't eijland Mouritius gezonden te werden en separaetelijk
gebannen te blijven

and also fined 100 rixdaalders

But from records it would seem they returned to the Cape before 1707
as she and Friederich move to "Moddergat".

I would be glad to know the reference numbers of these records so that
I can get copies.

It is rumoured that while she was still married to Jan Cornelisz she
also had an affair with Ferdinand Appel, with whom she had a child.
It was also rumoured that she had a child from Jan Coenraad Visser.
ENDS FROM GEN CIRCLES

I have commented on the content of this above.

Cheers,

Richard
--
Richard Ball,
Norfolk, England

http://www.ballfamilyrecords.co.uk


from: deborah laing <>
re: Re Frecderich Both/Booth
Tue, 18 Jul 2006 07:12:19 (Tue, 18 Jul 2006 08:12:19 +0200)

> I would like to offer what I sourced over the years from the website and
> other fellow BOTHA researchers:Hi Francois and Richard, My own notes are
> not yet sorted, but I am interested Richard, that you believe the date to be
> 1714.
> Francois, perhaps you could offer a more accurate translation of the high
> dutch content.
> SImilar info comes from the popular BOTHA WEBSITE
> By die egskeiding van Jan Cornelisz en Maria Kickers word die volgende
> aangegee (per JLM Franken - "Die Franse Vlugtelinge, Huisgenoot" 16 Julie
> 1926, voetnota):
> Jan Cornelisz van Oudbeijerland in cas van divortie contra Maria Kickers:
> "den eijscher, doende eijsch bij monde alsoo de gedaagdese haar niet en
> schaamd hem eijr niet alleen met slaan en stooten ende verdere
> onbetaemelijckheeden gestadig te bejeegenen, maar oock bovendien haren echt
> met de persoon van frederick Boot in overspel te buitjen te gaan . . . . "
> "De gedaagdese antwoordende, segt en bekendt alle hare kinderen, staande
> huwelijk niet bij den eijr haren man (vermits desselvs onbequaamheijdt) maar
> bij een ander; te weeten den voorn. fred. Boot, te hebben geprocrëeert; en
> dat haren man haar daar toe selfs aanleijding soude hebben gegeeven." (Crim.
> en Civ. 1689-1701, 22 Jan. 1700, p. 77)
> Both en Maria Kickers word vir oorspel, aanhouding en verberging van vee,
> geweld aan persoon van Claas Das, tien jaar verban na Mauritius. Hul moet
> "separatelijk" gebanne bly en word verder veroordeel tot 100 Rds. boete en
> restitusie van aangehoue goedere (Crim. en Civ. 1701-'08, 16 Nov. 1706.
> f.47). Die periode van verbanning mag dalk verskil aangesien daar ook die
> volgende aangegee word (per HCV Leibbrandt - "Precis of the Archives,
> Journal of VD Stel" 16 November 1706): "The Court of Justice sentences a
> freeman and a woman in a criminal case to banishment to Mauritius for two
> years and fines each Rds. 100, the half for the Landdrost and the half for
> the Court."
> In 1706 het FB "aan't Moddergat" gebly saam met Maria Kickers wat toe by
> Matthys Greef op Stellenbosch gewerk het. Terwyl Maria Kickers getroud was
> met Jan Cornelisz het sy met beide Botha en Ferdinand Appel 'n verhouding
> gehad, gedurende die tydperk het sy sewe kinders by Botha gehad en een kind
> by Appel. Sy het ook 'n kind met Jan Coenraad Visser gehad.
> Maria en Frederik Botha skei 22 Januarie 1700, sy maak melding by die hof:
> De gedaagdesse antwoordende, segt en bekendt all hare kinderen staande
> huwelijck, niet bij den eij[se]r haren man; (vermits desselvs
> onbequaamheijdt) maar bij een ander, te weeten den voorn[oemde] Frederick
> Boot, te hebben geprocrëeert [CJ 3, 22]
>
> AMD FROM GENCIRCLES:
> Maria was an orphan from the Netherlands, although she was not one of the
> group of 10 who were brought to the Cape to be a wife for the free burghers.
>
> Court cases show that she used to beat up her husband, Jan Cornelisz alias
> Jan Bombam. She also accused him of being "incompetent" in bed.
> She had an adulterous affair with Frederich Botha while she was still
> married to Jan Cornelisz, who was his employer. During this time she had 7
> children from Botha. In the proceedings Maria admitted that ALL her children
> were fathered by Frederik Botha because of Jan's "incompetency" and that he
> gave his tacit approval.
> They were convicted of adultery, assault of Claas Das and possession of
> livestock. They were forced to live seperately - he was banned to Mauritius
> for 10 years and she was banned to St Helena. But from records it would
> seem they returned to the Cape before 1707 as she and Friederich move to
> "Moddergat".
> It is rumoured that while she was still married to Jan Cornelisz she also
> had an affair with Ferdinand Appel, with whom she had a child.
> It was also rumoured that she had a child from Jan Coenraad Visser.
> ENDS FROM GEN CIRCL



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