[ 4 ]th of October anno 1646
Mr. Arnoldus van Hardenbergh, plaintiff, vs. Haye Jansen, defendant, regarding a gun. Plaintiff declares under oath in court that the defendant said to him: "Take my gun and keep it until I return yours." Therefore, the defendant is ordered to deliver the said gun to the plaintiff and to leave it in his hands.
Having seen the petition which has been presented to us by Mr. Arnoldus van Hardenbergh, who has power of attorney from his brother, Mr. Johan van Hardenbergh, dated the 7th of September 1645, praying for the return of 4 cases of duffel cloth, properly marked Nos. 2, 3, 4 and 5, which his brother is said to have shipped in the ship St. Piter. Symon Jansen from Durigerdam, skipper, addressed to Symon Dircksen Pos and confiscated here with the aforesaid ship, as also an insurance policy from which it appears that said Hardenbergh insured his consignment in the aforesaid ship St. Piter for 6,000 gl.; and having seen also the interrogatlves of Piter Barentsen, bookkeeper of the honorable West India Company; two bills of lading, both dated August 24th 1644, signed by Symon Jansen, one for 4 cases of duffel cloth, marked Nos. 2, 3, 4,and 5, consigned to Symon Dircksen Pos, marked S. I., and the other for 4 cases, Nos. 6, 7, 8 and 9, duffel cloth, marked I. R., consigned to Jacob Jansen and Jacob Reyntjes; the affidavits of Jan Ibesen and Symon Jansen, skipper; the answer of the fiscal of New Netherland, the replication of the plaintiff and other documents to the same purpose;
Therefore, we order, as we do hereby, that the plaintiff, Mr. Johan van Hardenbergh, shall be obliged to declare under oath before competent judges in Holland, first, that the 4 cases, Nos. 2, 3, 4 and 5, belonged directly to him and that he has not turned them over to the skipper, Symon Jansen, or anyone else on bottomry, half-profit, or on any other condition; secondly, that the mark of Symon Jansen was placed upon them by mistake; thirdly, that he consigned the said cases to Symon Dircksen Pos, advised him by letter and sent him bills of lading; fourthly, that the two dozen pieces of cloth found in case No. 3 did not belong to him. Which being done, the 4 cases of duffel will be restored to him. Thus done in council in Fort Amsterdam in New Netherland, the 4th of October anno 1646, new style.
