20 June anno 1656 on Tuesday.
Having received and read the petition submitted by Jacobus [ Schellinger ], plaintiff, against Adriaen Post [ ] defendant and plaintiff in counter suit, the plaintiff [ ] payment of an obligation dated 16 [ ] 1653 of ƒ1150:0, including interest, signed by Cornelis Melijn, L. van Dinclagen and Jacob van Couwenhoven, according to the obligation claimed by the attorney of the lord van Capelle, each obligation was promised to be satisfied by the three aforesaid signatories from the first goods to be sent by the lord vande Capelle in 1653, at the latest 1654, posting the four small farms of the aforesaid lord vander Capelle located on Staten Island as a special mortgage.[i]
The defendant and plaintiff in countersuit, it is claimed that the aforesaid bond was not his charge but rather that of the aforesaid signatories and among them in particular the charge of Cornelis Melijn, as he drew a bill of exchange on his former servant to receive the leases of the farmers of the lord van Capelle, as well as a case with linen for redemption of the aforesaid bond.
The director general and councilors of New Netherland having examined, deliberated, and considered what should be done with the case, decide that the plaintiff Jacobus Schellinger [ has ] [several lines lost] a wrongful [ ] [ ] the bond in question signed by Corn. Melijn, Lubbert van Dinclagen, and Jacob van Couwenhoven; the director general and councilors decide further that the aforesaid persons first and foremost ought to be summoned about it in order to have them show their qualifications as attorney and administrator, in the meanwhile the four small farms and animals mentioned in the bond remaining mortgaged until better proof and clearing of the account.
Regarding the other questions about a calf, an ox, and the demand of the plaintiff in countersuit over payment as protection of Staten Island, the director general and councilors, having no interests in the above, order that the parties each select an arbitrator, or if this is not to their liking, to take their case to the subaltern bench of justice. In the meanwhile, the director general and councilors condemn the parties each to bear their own expenses incurred up to now. Thus done at the session of the honorable lords director general and councilors of New Netherland held in Fort Amsterdam. Dated as above.
20 June 1656 on Tuesday.
Present at the session: the honorable lord director general, P. Stuyvesant and the lords councilors Nicasius de Sille and J. de La Montagne.
Having received and read the petition of Jacob Schellinger, requesting that Adriaen Post be ordered once again to produce the papers relating to the suit between him, Schellinger, and Adriaen Post.
After deliberation the response was given that the court messenger be hereby ordered to summon Adriaen Post to provide his papers for the suit concerning Schellinger by the next court day, being the 27th of this month, on pain of losing his rights.[ii] Dated as above.
