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December 17, 1644

Cornelio van[ der ] Hoykens, fiscal, plaintiff, vs. Symon Jansen of Durikerdam, defendant, for smuggling. Defendant answers in writing to the plaintiff's complaint. Plaintiff replies in writing. Plaintiff demands that the defendant deliver his masters' invoice. Defendant says that he has no invoice and therefore can not deliver any.

At the request of the fiscal, Dirck Jacobsz, mate, aged 44 years, mate of the ship St. Piter, is asked whether he is aware that six kegs of powder came on board at Durikerdam and whether the same were unloaded here or elsewhere, or are still on board. The mate answers that he did not know that six kegs of powder were in the ship besides the ship's powder, which he confirmed on oath in court.

Piter van[ der ] Bergh, supercargo, says that he saw that off Durikerdam four ankers of distilled liquor and two half-aams came on board and that he knows nothing about the rest.

Claes Clasen of Rarep, aged 21 years, cook on the ship St. Piter, is asked at the request of the fiscal whether off Durikerdam six kegs of powder did not come on board when the ship's crew were ashore; also, if small kegs were not being hidden away when the next day he came on board. He answers that he knows nothing about this; only, that it is known to him that there were three small kegs of ship's powder.

Claes Clasen aforesaid is asked whether on the voyage hither he cut the mark of the Company on a pair of bellows and went down into hold and marked three small kegs with the mark of the Company. He answers that he cut the mark for fun, but did not mark any kegs in the hold; also, that he does not know that kegs were marked by any one. Claes Clasen refuses to swear to this.

Arien Jansen of 't Ooch,^[1] boatswain on the ship St. Piter. aged 24 or 25 years, being asked whether in addition to the ship's powder there had not come on board six kegs of powder and whether the same were unloaded elsewhere, says that he does not know anything about it and refuses to confirm the same on oath.

Symon Jansen, skipper of the ship St. Piter, being asked if he is willing to swear that besides the ship's powder he had no other powder on board, answers that he will take no oath.

The court orders that Gysbert de Witt shall swear to what he has testified.

Notes

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.