| Notater |
- Berild Clausen is to modern eyes, the most interesting, or notorious, individual mentioned in the "Tingb?ger" (court registers), and it is rather difficult to get a fix on him as a person. Berild acted as a "Sagf?rer" (lawyer) in many lawsuits and was himself sued countless times. He was convicted and sentenced three times to Bremerholm, only to be acquitted and live on as if nothing had happened!
According to M.K. Zartmann he brought a case to the Supreme Court in 1682, where he received the right to purchase Valleg?rd, 15 Vdg. Nyker, because of Bornholm's inheritance rules. He could take over the farm by paying Christian Gedde the value of the farm. He moved into the farm, but neglected to pay, so he once again he lost the rights to the farm.
In 1682, after marrying priest Haagen S?nnesen Ronnebye's daughter Sidsele Haagensdatter, he obtained copyhold rights to one of Klemensker parish's farms, namely Bj?rneg?rd, 10 Vdg. Klemensker; where he lived until 1695. When he took over the farm, from J?rgen Hansen, it was described as being "br?stf?ldig" (in sad disrepair) and its forest badly depleted. For which Berild Clausen sued for compensation, however he was only awarded 10 Sdr. and 1 Mark.
From Bornholm's Jordebog of 1689:
N?reherrit, Clemmidscher Sogen, Vaarneder, Nr. 10: Berild Clausen.
Between 1684-86 Berild Clausen was in dispute with Hans Christensen Piil of Vester Pileg?rd, 69 Slg. Klemensker, over who would collect the "kongelige skat" (royal taxes). Berild won the case in the "N?rre Herredsting" (North District Lower Court), but the "Landsting" (County Parliament) instead awarded the right to Hans Christensen Piil. Berild did not hesitate to appeal to the "H?jesteret" (Supreme Court), but was not successful. In 1686 Berild was only about 32 years old and had already twice litigated in the Supreme Court; these cases would not be the last.
Berild Clausen had many conflicts with "Amtsskriver" (County Notary) Augustus Dechner. In a "kommissionsagen" (commission case) against Dechner in 1690 Berild sought to be exempt from taxes which he had not paid for two years. Dechner defends himself by describing Berild Clausen's personality. Dechner stated: "hafver ieg hannem som en haardnacket ochsom den der satte ondt i de andre b?nder, hannem ved Execution ladet tuinge til betalling for de resterende Schatter och anderledis hafver ieg iche procederet med hannem, mens at hand er en u-rolig hofvet som hverchen agter Gud eller ?frighed Kand med det gandske Land och iseer hans Naboer bevises. Saa at ieg for hannem och slige iche vahr mit Lif sicher, ia vel blef ofverfalden af hannem paa al tingfar Reiser ex" (I regard him as stubborn and as the one who puts evil in the other farmers, have charged him to compel the payment of the remaining taxes and others I have not litigated with him, but he has a turbulent head which neither God nor Magistrate of the land will and proved to his neighbors. So that I felt at time my life was not safe, indeed have ordered him to travel to the court assembly).
From Bornholm's Landstingbog 1687-1693:
June 17, 1691, pages 170b-171a: Befalling. Efttersom der findes thuistighed, i mellem H?derlig og Vel L?rde Mand, Hr. Oluf Jensen Aalborg, Sogneprest til Clemmedsker Sogen, og Berel Clausen ibidm, andgaaende Berel Clausens hustrues, Zidzele Haagensdaatters arffueparter, eftter hendes sl. fader og moder, og bemelte Berild Clausen der paa meget anher, som hand opskrifuer een stor deel i sit indleg til Landzting, at skal vere for u-retted. Da thil sagens bedre opliusning, opkrefues, her med, eftterskrefne dannemend, og paa rettens vegne befalles Velagtbare Mend Madz Hansen R?dbye, og Niels Olsen begge borgere og indvaanere udi Harsle, at de Berel Clausens, saa vell som Her Olufs til Landztinget i rettelagde brefue og documenter (og ellers flere, som Berel Clausen sig paa beraaber, at frem?ske) for sig tager Hr. Oluf Jensen, sampt hans s?n, Jens Olsen og Berrild Clausen, imellem regne, og her om med huer andre at m?de til forhen Hr. Oluf Jensens i Clemedskersogens Prestegaard, saa snare denne befahling, dennem forkyndt vorder, een vis dag at beramme, at parterne kand m?de som forskrefuet staar. Huor da Her Oluff sampt Hr. Olufs s?n, Jens Olsen og Berild Clausen, skal eder om alt dends beskafenhed informere, og som dend H?derlige og Vel?rde Mand Hr. Rasmus Jensen Sogneprest, til Westermarchersogen hafuer skrefuet paa Berild Clausens obligation, og der fore om dends beskafenhed, end og maa vere bevis, saa bedes hannem, hand ofuer samme regning, og liqvidaton, vil ofuer vere, og fornefnte mend, med forderligste deris forretning og regning, for suarligen og til b?rligen beskrefuet fra sig lefuerer. Men der som nogen af parterne iche n?yes med samme thuende mends forretning, som dennem imellem hafuer regned, og liqviderit, da deris forretning til neste Landztinged, for mig i rette at legge, til videre og endelig paa kiendelse. Detz till vidnes biurd, under mit zignet, etc.
A N?rre Herred Tingbog (North District Lower Court register) case which begain on October 9, 1691 (page 31a) wherein Jens Mogensen of Rutsker summoned Berild Clausen in Klemensker for the 10 Sdr. which he had loaned to Berild's wife 7 years previous, when Berild Clausen was imprisoned in the Bl?t?rn (Blue Tower) in K?benhavn. Berild was not present at the hearing.
The case continued on November 13, 1691 (page 37a) when Jens Mogensen of Rosendale, 28 Slg. Rutsker, summoned Berild Clausen for the 10 Sdr. Berild demanded that he introduce evidence. Jens Mogensen provided the following witnesses: Hans Svendsen, Erich Pedersen, Anders Hansen, Morten S?rensen, Berild Hansen, all from Rutsker, and Hans Mortensen of Knudsker parish. Jens Mogensen stated the he would summon Erich Pedersen to tell that he had delivered the 10 Sdr. in a porridge pot to Bl?t?rn. Hans Svendsen confirmed that Berild had repeatedly told that Jens Mogensen had sent him 10 Sdr. while he was at Bl?t?rn, which Erich Pedersen had brought in a pot of porridge, and that Berild Clausen had many times thanked Erich for his courage. Anders Hansen, from the 33 Slg. Rutsker, said that he had provided Berild Clausen with 1-1/2 Mark. Morten S?rensen and Berild Hansen testified that they had each provided Berild Clausen with 1 Rigsdaler. Hans Mortensen from Knudsker had worked for Jens Mortensen when Berild Clausen was imprisoned in Bl?t?rn, and he told how Berild Clausen's wife had come to ask Jens Mogensen for 10 Sdr., which they could send to him. Then Jens Mogensen summoned Erich Pedersen Smed of Rutsker about the 7 Sdr. which he had loaned to him for the journey in 1684 to K?benhavn. Jens Mogensen's witness Hans Mogensen said he had been present in the room when Erich had been loaned the 7 Sdr. Gundel Jensdatter confirmed the loan and that Erich Pedersen had promised to compensate Jens Mogensen. Anders Hansen, Jens Mogensen and Peder Mogensen confirmed that Erich had the 7 Sdr. as a loan to carry the 10 Sdr. over to Berild Clausen during in his imprisonment in K?benhavn. This was confirmed by Hans Svendsen and Claus Clausen.
On November 20, 1691 (page 39b) Berild Clausen now responded to Jens Mogensen's claims by referring to the statutory text, which deals with probates and claims on debt regarding himself and Erich Pedersen. Later, on November 27, 1691 (page 41a) Jens Mogensen stated that at the next session he would interview witnesses in the case against Erich Pedersen regarding the 7 Sldr. in travel money.
At the December 4, 1691 (page 43a) hearing Jens Mogensen in Rosedale again summoned Berild Clausen and his wife about the 10 Sdr. Jep J?rgensen from Skarpeskov in Klemensker and Erich Pedersen were called as witnesses. They had first been to see Mr. Oluf (namely Oluf Jensen Aalborig - the priest for Klemensker, and Sidsele Haagensdatter's step-father), but he had refused to give 10 Sdr. to Berild Clausen, so therefore Jens Mogensen had provided the money. Jep J?rgensen was not present, so the matter was postponed. Erich Pedersen acknowledged this time that he was lawfully summoned in the case of the 7 dollars - case adjourned because the witnesses were not present. When the court met on January 15, 1692 (page 49a) Jens Mogensen asked for judgment on the 10 Sdr. he had loaned to Berild Clausen 7 years ago. Berild denied that he had borrowed the money. He referred to the law that "villige vidner" (willing witnesses) should not be used in cases, and the matter had happend long ago. Jens Mogensen thought it was completely proven that Berild Clausen's wife had asked for help because he "laa i Blaataarn" (was in the Blue Tower) for a serious crime. Berild Clausen would now summon Jens Mogensen for false accusations.
On February 5, 1692 (page 57a) the District Bailif called witnesses which Berild Clausen had declared he would question in the matter between himself and Jens Mogensen regarding the 10 Sdr. Berild said he had been assaulted by Jens Mogensen after the last hearing, so he could not pursue the case. The bailiff did not think it was the same case, and should be pursued as a separate case. Berild had Hans and Jens Mogensen summoned to the next hearing.
Judgment was handed down on February 19, 1692 (page 61a) in the case between Jens Mogensen of Rosendale and Berild Clausen on the 10 Sdr. During the hearing it was recounted that Erich Pedersen had been with Berild's wife at the home of her step-father vicar Oluf Jensen (Aalborig), who would not help her with money for her husband. Then they had gone to Jens Mogensen in Rosendale. Berild had repeatedly stated that during his imprisonment he had been supplied with 10 Sdr. by Erich Pedersen in a pot of porridge. Berild said that he could not be responsible for his wife's deed while he was in prison, even though this money was borrowed for his own benefit. Berild, on the other hand, thought that he should have "rejsepenge (journey money) from the peasants in Rutsker, since he was traveling representing their case. Jens Mogensen did not think he deserved journey money because it had been during his own behalf that he had gotten himself in trouble with the authorities. The district bailiff did not believe that there were doubts about the loan's origin and therefore ordered Berild to pay 10 Sdr. plus interest for 7 years to Jens Mogensen, which with interest and costs amounting to 17 Sdr. 2 Mark.
In 1695 Berild Clausen moved to Sandvig, where he resided at Strandgade 18. On June 22, 1695 Berild acted as "fuldm?gtig og lavv?rge" (proxy and guardian) for Elisabeth Lauridsdatter, the widow of the murdered Henrich Nielsen (c.1659-1695), who was killed in Strandl?kken on July 9th. Berild Clausen's reputation as a tough and contentious person was not an obstacle to county magistrate Johan Diderich von Weetberg, who accepted Berild as the widow's proxy and thereupon was given authority to have the suspects arrested and put in jail.
The trial demonstrated that Berild Clausen was learned and that he knew the law and how to handle witnesses to advance his case. It was not many days after the murder that the suspect Hans Hansen escaped, before which he bribed the other murder suspects and fled his home, one of the big beach houses - which is where Strandslot Hotel is today (Strandgade 18). On November 14, 1695, even before probate was held after the sentencing of Hans Hansen, that Berild offered to the the man's wife to take over the mortgage obligations on their home and also make sure to pay the costs of the proceedings. The wife had nothing to lose, because the estate was to be paid half to the king and the rest transferred the murdered man's heirs and the plaintiff.
Elisabeth Lauridsdatter believed Berild Clausen had gone too far to feather his own nest. In court, on November 26th, she is quoted her as saying that Berild Clausen "icke hafuer noget udi den Bort R?mte Hans Hansens Boe at sige, f?r end skifte er holden, oc ald vedkommende hafuer faad deris forn?yelse oc om da Berild Clausen hafe noet at krefue, meener hun, hand b?r at s?ge hende, for sin betalling, oc icke Hans Hansens Boe, i huilke Boe hun sigger at Berild Clausen skalter oc walter". Harsh words from his client, but the partnership continued without prejudice for the balance of the case. Elisabeth Lauridsdatter was an extremely strong woman who did not allow herself be cowed by his authority. She was fully aware of his actions.
The murdered Henrich Nielsen's sister Lene Nielsdatter was married to county dean Poul Ancher. Another sister Anne Dorthea Nielsdatter was married to Laurids Nielsen Gummel?s in Hasle. Poul Ancher and Laurids Gummel?s were highly influential people in Hasle who knew how to screen family from harm from a greedy agent Berild Clausen and scorned widow Eliasbeth. During the 4-5 years after the murder trial there followed trials on non-payments and disputes about land. Berild Clausen and later his brother Mogens Clausen Torn tried to assert themselves in these disputes.
Berild Clausen can also be found mentioned in Hammerhus Birketingbog (Judicial District Court Records). Notably, in 1700 he got into trouble over alleged "creminalis Mayest?tis" (criminal conduct against the crown) regarding taxation regulations (from November 23, 1699), which were read into Bornholm's parliament on January 17, 1700. Berild refused to uphold the legality of the regulation of 1699. Thus he was accused of "majest?tsforn?rmelse" (L?se-majest? = an offence against the dignity of a reigning sovereign), by disputing against the king's commandment to the county parliament; that he should now be judged by Regulation 6-4-13, which read: "Befindis nogen at opsette sig, eller at raade andre til at opsette sig imod Kongens befalinger, eller Forordninger, naar de paa Tinge eller andensteds forkyndis, have forbrut ?re, Lif oc Gods" (Find guilty anyone who sets himself, or advises others to set themselves against the king's commandments, or regulations, while serving in parliament or elsewhere, on pain of forfeiting honor, life, and possessions).
On March 8, 1700 Berild Clausen complained initially that Anders Pedersen Fyhn (c.1664-1711) was the judge in the case against him, as they were enemies and thus he was biased. He told of past conflicts and controversies with Anders Pedersen Fyhn in the living room of Knud Michelsen in Sandvig some years ago, and episodes before last Christmas, when he brought the case of Mads Bech in Gudhjem to the "?stre Herredsting" (Eastern District Court). Berild sought an impartial judge for his case. The judge rejected Berild's attempt to derail the case and asked the District Governor appointed prosecutor, Judicial District Bailiff Eskild Nielsen, to conduct the case against Berild. On April 5, 1700 Anders Pedersen Fyn sentenced Berild to work in Bremerholm prison for life and pay 10 Rdr. in costs and travel and for his property to be forfeited to the crown - "andre liggesindede opsetslige oc de medvidere omgaae til afskye" (to circumvent other like-minded rebels and conspirators from revolting). However, the king pardoned Berild from having to serve out this sentence in a letter dated December 7, 1700: "Blef allerunderdanigt lest oc forkyndet Kongl. Mayst. Allernaadigste Bref oc pardon for Berild Clausen i Sandvig for at blifue strafet for medelst sin forseelse med arbeyd i Jern paa Bremerholm efter di ofuer hannem er gangne Domb formelding. Dateret Ki?benhafns Slot d. 7de December Ao. 1700."
In 1702 Berild Clausen insulted Constable Niels J?rgensen by calling him a thief, who allowed murderes to escape from the king's prison at Hammerhus (namely in 1695). Niels J?rgensen had been given a royal pardon for his participation in Hans Hansen's escape and defendant Berild Clausen therefore was not respecting the will of the king. A judgment was handed down on June 12, 1702 by district judge Eskild Nielsen and 7 jurymen that Berild Clausen was to his forfeit his property and to labour in Bremerholm for life. He was convicted of calling Niels J?rgensen a thief and attacking an honest man's reputation. Berild Clausen appealed to the county parliament, where he was acquitted.
However, the matter did not end there, on April 30, 1703 Berild Clausen and Niels J?rgensen met at Hartvig Willumsen's home in Allinge where it nearly ended in scuffle. Berild Clausen had come into the room and taken Niels J?rgensen in hand, saying "Vi hafuer noget at talle sammen til h?yesteret, inden vi skilles ad" (We have something to tell to the supreme court, before we separate). Niels J?rgensen replied: "Ja, vi vel saa om Gud vill" (Yes, we probably shall God willing). The witness saw that Berild Clausen went went at Niels J?rgensen's face, but Niels J?rgensen pushed Berild Clausen away. Niels J?rgensen said to the others that this "drages till minde i gaattfolch, huad her passerer" (be held in the memory of good people, what passes here). Berild Clausen's wife got between the two and pulled him out of the room. The witness heard Berild scold Niels J?rgensen for "en hund, hunspot og en skj?lm" (a dog, liar and a rogue).
Berild Clausen disappeared from the court records between the years 1703 through 1706, when R?nne Church tried again to wrest from him the capital which the church had in his home in Sandvig since 1692. Last time encounter Berild Clausen in the court records is on March 2, 1707, wherein Berild Clausen is sentenced to immediately pay to R?nne Church the terminated mortgage. If he paid the 50 Sdr. and the accrued interest and costs to the church, they could take over the farm.
In Allinge Church's account book for May 1, 1708 to May 1, 1709 he sold his church pew to Niels Hansen of Allinge. One must suppose that Berild Clausen has moved away from Sandvig.
Sidsele Haagensdatter probably spent her later years with her daughter Kirstine Berildsdatter, who had married Jep Hansen of Elleskovg?rd, 43 Slg. in ?sterlars -- as it is known that Sidsele was buried in ?sterlars parish.
From the ?sterlars kirkebog:
March 29, 1736: Funus, Die Viridium blef Cizel Berel Clausis begrafven i sin alder 78 aar.
This database researched and compiled by Norman Lee Madsen, Toronto, Ontario, Canada, 21 July 2015.
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1654 - 1709 (~ 56 år)
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