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Dutch colonial council minutes, 2 August 1646

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2d of August

Whereas a certain suit has been pending before us between Johan de Fries, late captain, plaintiff, In a case of slander, end Gysbert ] de Leuw, defendant, wherein said defendant tried to maintain that Elary, a certain Negro woman, who the plaintiff claimed to be his, belongs to the Company, having been the slave of one Juan Antonio, Portuguese, who is said to have been imprisoned at Marinhan for treason and therefore could not dispose of his property; all of which, he, the defendant, proves by various depositions of persons then residing at Marinhan, to which the plaintiff replies that he bought said Negro woman from the aforesaid Portuguese according to a certain bill of sale thereof in his possession, maintaining furthermore that said Portugese was not in prison for treason, but had sought refuge in Marinhan and consequently could dispose of his property, in regard to which matter we cannot come to an absolute decision here, and whereas the book of resolutions of Marinhan is apparently in possession of the honorable directors, from which it can be seen whether the said Juan Antonio was confined for treason or not; therefore, we refer this case to their honors to be decided by them as their honors shall see fit. Thus done in council in Fort Amsterdam, the 2d of August anno 164-6.

Jan Damen, plaintiff, vs. Jan Dollingh, defendant, for payment of 40 gl., being the balance of a bill of exchange for 2,040 gl. of which Mr. Jan Evence received 2,000 gl. The statements of the plaintiff and the defendant having been heard, it is ordered that Jan Dollingh shall bring proof from Onckewey and Jan Evens.

Ambrosius Lonnen, plaintiff, vs. Tonis Nysen, heir of Jan Celes, defendant, for payment of 14 gl. Ordered that plaintiff shall prove by witnesses or in writing that Jan Celes owed him for 14 gl.

Symon Joosten, plaintiff, vs. Augustyn Heerman, defendant, for 21 gl. which plaintiff claims he paid to the defendant on account of Pater Vaer. Defendant says that Pater Vaer was never indebted to him and therefore he did not receive anything on Pater's account and offers to prove this by his book and by Jacob Beynsen. Ordered that defendant shall prove it when he shall have received his book.

Symon Pos, plaintiff, vs. Augustyn Heerman, defendant. Ordered that the case be closed and that parties on both sides shall hand in their proofs.

Jan Heyn and Evert Cornelisen, plaintiffs, vs. Jan Dollingh, as surety for Mr. Wytingh, defendant. Plaintiffs demand from defendant as surety the sum of 57 gl. and 12 st., for the reason that Mr. Wytingh charged them fl. 9:12 for 36 beaver skins which they bought at 8 gl. apiece.

The honorable director and council having seen the certificate confirmed by oath by Davit Provoost, commissary, and the plaintiffs' own declarations, also confirmed by oath, whereby it appears that Wytingh charged them 1 gl. and 12 st. more for each beaver skin than they were sold for; we, therefore, condemn, as we hereby do condemn Mr. Dollingh, as Mr. Wytingh's surety, to tender and pay the plaintiffs the aforesaid sum of 57 gl. and 12 st., with the costs incurred, provided always that Jan Dollingh shall have the right to recover the amount from Mr. Wytingh.

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.