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27 January

At the session of the high council [      ] having been noted in the case in appeal pending [      ] council the papers and documents have been produced by Jacob Visch [      ] his deputy, and Johannis Withart, together with the judgment pronounced by the court of this city of Amsterdam in New Netherland dated 22 September 1654, find the judgment intricately prescribed without restriction of time.^[1] Therefore, the honorable lords high councilors having taken note of everything that might have a bearing on the case, condemn, as they hereby do, Johannis Withart to pay the aforesaid Jacob Visch on behalf of his principles here in New Netherland, as soon as Jacob Visch has delivered a proper account to the aforesaid Withart, in the presence of two impartial persons chosen thereto by the respective parties, or by refusal selected thereto by the high council, concerning such wages that the same Visch had earned from his masters, and that until the time that he left his masters’ service and established his own private business, that his masters approved for him according to the letter exhibited concerning the same; provided that Jacob Visch or his deputy shall post sufficient security with Johannis Withart for expenses earned and received, which are to be restored if his principles should make any claims on the aforesaid Visch concerning accounts or otherwise. Such security shall last until instructions come from Holland or until the arrival of the next ships that may also be carrying replies to the letters of Visch and Withart concerning these matters, and last no longer than Johannis Withart’s payment thereof to the deputy of Jacob Visch upon formal notification of this and an accounting is made.

Ady ut supra. Below was written: For explication of the judgment the parties are ordered each to pay half the expenses accrued by the case. Done at New Amsterdam in New Netherland. Ady ut supra. Was signed: N. de Sille, La Montagne, Cor. van Tienhoven.

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References

Translation: Gehring, C., trans./ed., New York Historical Manuscripts: Dutch, Vol. 6, Council Minutes, 1655-1656 (Syracuse: 1995). A complete copy of this publication is available on the New Netherland Institute website.