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Dutch colonial council minutes, 27 - 28 November 1642

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On the 27th of November 1642

Cornelio vander Hoykens, fiscal, plaintiff, vs. Hendrick Jansen, tailor, defendant, for slander. The fiscal exhibits his written bill of complaint and thereby demands lawful punishment and justice.

Having seen the criminal proceedings of the fiscal, plaintif, against Hendrick Jansen, tailor, defendant, together with the depositions of various creditable witnesses confirmed by oath whereby it clearly appears that he the defendant on the 27th of October last at the house of Burger Jorissen called his lawful superior, the honorable Director Willem Kieft a rascal, and also spoke in a very scandalous manner saying, "The woman who gave birth to the director is a whore;" which is a matter of grave and dangerous consequences which cannot be tolerated or suffered in countries where it is customary to maintain justice, inasmuch as the same not only tends to create disrespect for the honorable director aforesaid but also brings into disrepute their High Mightinesses the Lords States General, his Highness of Orange and the honorable directors, in whose name he, the director, holds the aforesaid office, which aforesaid slander is punishable according to God’s law and the imperial statutes;

Therefore, wishing to provide herein, having first called upon God, we have after mature consideration of the matter found the aforesaid Hendrick Jansen guilty of the charges brought against him by the fiscal, ex officio, in reparation of which we have condemned, as we do hereby condemn, the defendant to declare before the door of the aforesaid honorable director in the fort, with uncovered head, after the ringing of the bell, that these infamous words were falsely and scandalously spoken by him, and then there to pray God, Justice and his opponent for forgiveness.

In case of refusal he, Hendrick Jansen, is ordered at the first opportunity to leave the jurisdiction of New Netherland, being forbidden on pain of corporal punishment to return within six consecutive years within the aforesaid region. He is furthermore condemned to pay a fine of 300 Carolus guilders and the costs of the trial. Thus done in court and published in Fort Amsterdam in New Netherland, the 27th of November anno 1642.

The above sentence is pronounced by La Montangne, councilor, Jaques Bentyn, Jochim Pietersz, Hendrick van Dyck, ensign, Gysbert van Dyck, commissary, all of whom were requested and authorized thereto by the honorable director and council. Dated as above.

Whereas, you, Hendrick Jansen, tailor, yesterday refused to do what you were ordered to do according to the accompanying sentence, which tends greatly to bring the authorities here into contempt, you are hereby notified that you shall make yourself ready to depart for the fatherland by the ship De Pauwe, which lies here in the roadstead; and in case you do not get ready, you will without the slightest warning be compelled to go on board said ship when it is ready to sail. Thus done in Fort Amsterdam in New Netherland, the 28th of November anno 1642.

References

Translation: Scott, K., & Stryker-Rodda, K. (Ed.). New York Historical Manuscripts: Dutch, Vol. 4, Council Minutes, 1638-1649 (A. Van Laer, Trans.). Baltimore: Genealogical Publishing Co., Inc.: 1974.A complete copy of this publication is available on the New Netherland Institute website.