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Dutch colonial council minutes, 20 April 1648

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Hendrick van Dyck, fiscal of New Netherland, ex officio plaintiff against Mr. Joseph Brusto, defendant. Plaintiff demands that defendant pay a fine of fl. 50, as he anchored with his sloop beyond the sign post and directly contrary to the ordinance published the 4th of June 1647. The defense of the defendant being heard, who could not produce any sufficient reasons why he had anchored beyond the sign post, as it was calm weather and he was going with the tide as he anchored near Mr. Allerton's house, said Mr. Brusto is therefore condemned to pay the fine of fl. 50 provided therefor by the ordinance, with the costs of the trial. Thus done in court at Fort Amsterdam in New Netherland, this 20th of April anno 1648.

The fiscal, plaintiff, against Davidt Provoost and Pieter Jaoobsz, defendants. The fiscal, instituting his action in writing, concludes: Whereas Provoost arrived here from the north, heaved his anchor and drew near the shore and did not enter any goods within 48 hours after his arrival, notwithstanding he was notified so to do by the fiscal in person; therefore, demands the confiscation of his, the defendants', sloop and lading.

The defendants appearing in court acknowledge that they have done wrong and plead ignorance of the ordinance, and therefore pray light sentence.

Pursuant to the ordinance the honorable director general and council declare the sloop to be liable to confiscation, but inasmuch as the defendants plead ignorance and said ordinance was published in their absence, the case was therefore referred to Mr. Dincklagen and Paulus Leendersz, naval store keeper, to settle and decide the difference between the defendants and the

fiscal, bearing in mind the poor, the church and the fiscal.

Whereas Antony Jansen van Zalee, residing on Long Island, near the Narrows, on the North River, cultivates his land there without properly fencing in the same or not fencing it at all, wherefore the cattle belonging to the inhabitants of Gravesend and that vicinity frequently damage the crops on the unfenced land, which the owners cannot prevent as the cattle seek food where they find a place open; and whereas said Antony finding some cattle on his land ill-treats them both by beating and setting on dogs to bite them, whereby great damage has already been suffered, causing those of Gravesend to complain and demand that Antony enclose his land; therefore, the honorable director general and council having taken the same into consideration, the said Antony Jansen is ordered to enclose his land and to make the fence tight, on pain of forfeiting his right to the ground should he not obey this order within one month from date. This 20th of April 1648, at New Amsterdam.

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 theĀ New Netherland Institute website.