[Copy.[i]
Protest of Mr. Allerton, the elder, against Com. Jacquet.
To his noble honor, Mr. Jan Paul Jacques, vice director on the South River of New Netherland.
Whereas Isaac Allerton, on account of a lawful and clear debt of] Niels Larsz, [ which has now been already standing six years, ] had attached by the court messenger [ on the ] fourth of December 1656 certain [ tobacco ] belonging to said Niels Larsz in partnership with Jan Staelcop and Pieter Schael and under the supervision of said Staelcop, that he might thus conveniently by due process of law obtain payment. Thereupon he had also asked your honors where he had to lodge the complaint for the order of attachment and summon the debtor, and received as answer from your honor: “I have first attached it, I have the devil of it, I want to have precedence” and whereas arrest was laid upon the same tobacco by Sr. Elmerhuysen as well, I judged that the matter ought to be brought before the court, but found that your honor had had a part of the tobacco carried away by your soldiers; notwithstanding the arrests although your honor’s claim is partly unbalanced, partly extorted, whereby a road is opened to great irregularity and contempt of law and justice, which your honor should preserve and protect; for when some Swedes or Finns saw that such proceedings were being introduced here by your honor, they, encouraged by your honor, tried to secure the same for themselves as well and carried away what still remained of the tobacco, whereby he, Allerton, is and remains deprived [ of his claim and (whereas) also, notwithstanding Jan Schaggen was granted by the noble, honorable general the land of Frans Smith and Jan Willer, to occupy and ] use it [ until further order, which was furthermore confirmed to said Shaggen ] by the honorable lord de Sille, your honor has not hesitated violently and unjustly to drive the said Schaggen from the said land with great animosity and sword in hand, and to make other people’s property your honor’s own, to despise in an improper manner the orders of his esteemed honor and to dispossess him, Allerton, of his lawful claims, which he had on the property of Frans Smith and Jan Whiller, on the same land as well as otherwise. By this damage and uncivil proceedings he, Allerton, is compelled, indeed forced to protest hereby against your honor for all damages, hindrance, and loss, which he, Allerton, has suffered or may yet suffer on account of the foregoing and for which he will recover the damage from your honor. For this purpose he, Allerton, has deemed it necessary, to serve this upon your honor and deliver it into your hands. Dated Casamier, this 6th of April 1657. (lower stood) Isaac Allerton, senior. Ex originali descripseram. (was signed) Johannis Risingh, junior.
