On the 28th of July anno 1639
Tomas Pietersen, plaintiff, vs. Barent Dircksen, baker, defendant. Default.
Jan Jacobsen, plaintiff, vs. Gysbert Rycken, defendant. Parties referred to Jan Jansen Damen and Elslant, appointed referees to settle their differences.
Cornelis van[ der ] Hoykens, fiscal, plaintiff, vs. Jan Andriessen from Basenborgh, Jacob Swart, Hans Moorman, Marten Nagel, Balthasar Lourens, Davit Davitsen, Jan Warnarsen, Jems the Englishman, Hans the baker, all soldiers, defendants. Plaintiff demands that the defendants be punished as disobedient soldiers who have broken their oath, Inasmuch as they have refused to obey the 111th article of the regulations and do not observe their oath set forth in the regulations which they have sworn to.
Having seen the complaint of Cornelis vander Hoykens, fiscal, vs. Jacob Swart, Jan Andriessen from Basenb[ orgh ], Hans Noorman, Marten Nagel, Balthasar Lourens, Davit Davitsen, Jan Warnarsen, Jems the Englishman and Hans the baker, soldiers, for having refused to comply with the regulations sworn to by them in repairing Fort Amsterdam, according to article 111 of the regulations, having on the contrary expressly opposed the same and refused to lend a helping hand, although they were offered as much as 10 stivers a day, with express promise of receiving a stiver or two more if they worked well and faithfully; and whereas, after due notice and protest was served on said soldiers by the fiscal and the secretary, they nevertheless remained obstinate;
Therefore, having duly considered the matter, which is of grave consequence and tends to lead to serious mutiny, we have dishonorably discharged from the service Jacob Swart and Jan Andriessen, as being the chief instigators and ringleaders of the said opposition, declaring the same unfit to bear arms or to serve any potentates, and we condemn, as we do hereby, the said Jacob Swart and Jan Andriessen from Basenborch to the forfeiture of all their wages which are due them by the West India Company, one-third part to be for the benefit of the fiscal and two-thirds for the benefit of the Company; and we furthermore order them to embark immediately on the ship Den Harinc. to remain confined there and to depart with it to the fatherland, on pain of arbitrary punishment. Thus done and sentenced and also publicly read to all the soldiers in Fort Amsterdam, this 28th of July 1639.
