On the [ 14th ] of November anno 1641 in Fort Amsterdam Cornelis vander Hoykens, fiscal, plaintiff, vs. Gerrit Jansen, cooper, defendant, for stealing wood. The fiscal is ordered to prove his charge against the defendant.
Andries Hudden, as guardian of Lambert Cool, plaintiff, vs. Altjen Brackoenge, defendant. Parties have amicably settled their differences in court.
On the 22d of November
Cornelis van[ der ] Hoykens, fiscal, plaintiff, vs. Jan Habbesz, defendant, for theft. Plaintiff produces information in the form of [ depositions of ] six witnesses who have seen that the defendant stole linen from the bed in the city tavern and requests, if the defendant persists in denying the charge, that he be put to the torture. The defendant, having persisted in his denial, is put to the torture and examined on the evidence and after having been tortured and released from torture and irons he acknowledges and confesses that he did steal the sheet from the city tavern, as well as bacon from old Jan, from which he has had his share. Whereupon the plaintiff, ex officio, demands that the delinquent be flogged with rods and banished from the limits of New Netherland.
The director general and council, residing in New Netherland on the part of their High Mightinesses the Lords States General of the United Netherlands, his Highness of Orange and the honorable Chartered West India Company, having seen the criminal charge and the conclusion of the fiscal against Jan Habbesen, English carpenter, together with the information taken against him, from which it appears that the delinquent on the 19th of November last stole a sheet from a bedstead in the city tavern which the delinquent on the 22d inst. acknowledged in our court without torture or constraint of irons; also that he ate part of the bacon which was stolen last year from old Jan's house; likewise, that heretofore he ran away from here as a rascal, taking with him a canoe and leaving here various debts; all of which are matters of evil consequence which cannot be suffered or tolerated in places where justice is customarily maintained; therefore, having called upon God and duly considered the matter and wishing to do justice as we do hereby, and having found the complaint of the fiscal to be true, we have condemned, as we do hereby condemn, the aforesaid Jan Habbesen, at present a prisoner, to be brought to the usual place of execution, there to be flogged with rods; furthermore, the said delinquent shall from now on forever be banished from the limits of New Netherland and immediately after the execution of these presents shall depart from here, on pain if he be found elsewhere within the province of being put in irons and forced to labor with the honorable Company's Negroes, as an example to all others of that kind. Thus done in court on the 22d of November anno 1641, in Fort Amsterdam in New Netherland.
On the 13th of November
John Haes, plaintiff, vs. Master Fiscock, defendant, for payment of £4. 8 s. sterling due for wages. Defendant says that the work of the plaintiff was not worth the money. The matter is referred to referees.
On the 5th of December
Andries Hudden, plaintiff, vs. Dirck Corsen Stam, defendant, in regard to certain goods belonging to the late Henderick de Foreest. Plaintiff demands payment and account of the aforesaid goods. Defendant answers that the plaintiff must prove that he, the defendant, received any goods from the late de Foreest. Parties are ordered to bring proper proof at the next session of the court.
