all the papers, as is customary according to practice and order, and protested against all the aforesaid illegal notifications. This copy having been refused, he made further answer: Had the General desired, or expressed the slightest request to see Slechtenhorst's commission during the six weeks the latter was within his government, yea, in his very quarters, he would most cheerfully have exhibited, and is still willing to show to his Honor and to his councillors, as our Christian neighbors and friends which they ought to be, not only his commission and orders, but even the plan of the settlement itself. But reflecting that the Honble Patroon had been invested by their High Mightinesses the States General, our gracious Sovereigns, and the liege Lords of the Colony, with high and low jurisdiction within his possession and granted territory, he would seriously prejudice not only their High Mightinesses, but also the Patroon in his acquired right and possession, were he, Slechtenhorst, now in his quality and being within his own jurisdiction to exhibit, in consequence of such improper measures, his commission before he had received orders to that effect from his gracious Sovereigns and his superiors. As already repeatedly stated, it would indeed have been a violation of his honor and oath were he, to the prejudice of the aforesaid Patroon, to surrender so childishly and rashly, the immunities obtained from their High Mightinesses, which are entrusted to him. But all the aforesaid is as well founded as in the first gravamina.

On the second and following points: viz, the arrest of the grain and masts.

Cannot person execute a civil attachment against his own grain and masts on his own soil and within his own jurisdiction; on property afloat and moving on land, as happened in the case of Jacob Jansen Hap on the 6th of June 1648, who, on his own authority, cut down two large pine trees for masts in the Patroon's woods, and brought them down to the waterside and on the 8th of said month, notwithstanding the attachment, made them fast to the vessel and towed them to the Manhatans. And this still is set forth and stated in the aforesaid gravamina, although not the slightest complaint has been made to us on the subject. What consistency is there in this? It is in truth a weak and unheard of complaint. But one sees easily a mote in his neighbor's eye and does not perceive a beam in his own. Therefore no attention can be paid to all the erroneous, illegal, indecent, violent nullities, much less to the summons and citation of the Fiscal, inasmuch as we have not been furnished by the citation with any written information, much less a copy of either one or the other, but such has been refused us. Neither can we notice the writing handed us on the 21st of September by the armed soldier, as the citation does not mention any day, date or year; less so, as the last summons conflicts by essential errors, with the second, as has heretofore been sufficiently demonstrated, whereto we refer.

In addition to this, it happened that on the evening of the 21st of September, whilst Slechtenhorst and his fellow councillor, Andries de Vos, were walking together in the public streets, without speaking a word to any one, they were saluted with curses and swearing by the Holy name of God, by the soldiers that were sent up, who sought to pick a quarrel and make a disturbance, saying: Why do not people wish them Good evening? In consequence of this insolence and insult complaint also was made, that the people were deprived of the free use of the public streets, so that through the arrival and threats of the soldiers and sailors, and their declaration that the aforesaid building should be pulled down and demolished, not only the Colonists but the Indians themselves were in a great uproar and much excited and embittered against your Honor, and said: If Wooden Leg,* to whom we have given a present for it, should now come and pull down our house, where we when needed and in the winter season proposed to * The Indians' name for Director Stuyvesant.

sleep under cover, as the Lords can now fully perceive by article 9 of the propositions of the Indians themselves, it was not to be endured, and the former Treaty is manifestly broken. Accordingly, in truth, some Indians on the 21st of September, and even before that, previous to the indecent verbal summons of the Vice Commander, of Labbatie and the soldier, did come to him, Slechtenhorst, and asked for guns and offered to assist Slechtenhorst on all occasions, and added, that they would also give him a place in their Mohawk country. So that more friendship was offered by the Indians and heathen than by those who are of the same religion and subjects of the same sovereignty, and who are, moreover, bound by office and oath to assist our Colonists in all need and difficulty, as already repeatedly stated. Therefore, the Honble General and his Honble Councillors may rest well assured, (though, we may add, it is in nowise our opinion. or intention), that even were they to send, instead of seven or eight, all their soldiers besides the sailors from the Manhatans they would not be feared, which God forbid.

On the 4th of October when the Indians were on their way home they heard the soldiers fire several times. Whereupon the Indians returned and asked: If Wooden Leg's dogs were again carrying off any thing? So that Slechtenhorst had four times more trouble and apprehension to manage the Indians than his own party, and had to accost them with civil words and to tell them that they were misinformed, and that the houses should continue standing, and thus I pacified them. As all the Christians are absolutely in the power of the Indians, particularly if Christians joined them as might easily happen here, every one who has arrived at the years of maturity and is conversant with the affairs of dear Fatherland can readily compute what consequences, what bloodshed would have followed such extreme and rash proceedings-what ruin not only of the Colony, the Trading House and the Manhatans but all the Christians in this country, which has cost dear Fatherland heretofore so much blood, trouble and expense before it was brought under the obedience of their High Mightinesses the States General. We shall wait with patience to see whether these foregoing indecent, yea violent attacks and the proceedings on which depended life and property will be pleasing and acceptable to their High Mightinesses the States General, our gracious Sovereigns, and the Lords Proprietors of this Colony.

It is also a strange and unheard of proceeding that any one of his own authority, should come, sword in hand, into another's jurisdiction to serve a civil notice or summons, and that without the previous consent of the Sheriff or Court there. Hence, it is to be manifestly concluded that he intends to accomplish everything by force. This is further to be inferred from the fact that the sloop was employed fourteen days, with soldiers and sailors in that expedition, and must travel a distance of seventy-two leagues, to and fro, in the winter. We have moreover, most emphatically, at divers times protested against it on the ground of nullity, as we do not admit, and as we have not recognized such improper, compulsory notices. Slechtenhorst has heretofore treated Verbrugge, on account of his Lord and master, courteously and respectfully, in order to remove a notice which was posted up in his jurisdiction (as is previously more fully mentioned), and at the same time told him that not only are the acts of those persons who serve such and similar notices null and void, but they themselves will be arrested and condemned to bread and water for five or six days, indeed have been publicly pilloried, and that by small cities in a Province where the right of appeal lay from the aforesaid cities; indeed, such happened to messengers of States that were Sovereigns of the Province, so that the States and Courts have written in a most friendly manner to their small cities to release those messengers. Such improper notices being a contempt and disrespect not only towards the Court or Patroon, but also our gracious Sovereigns, whose place we occupy here, 'tis the rule when now a notice of a Court or the States of the Province to its inferior cities is given to a sworn messenger, he must first and foremost ask consent and

assistance from the officer of the latter place, who then gives him written permission (Fiat insinuatio) on the margin of the paper to serve the notice, which written notice or order the messenger must then take to the City Marshal who then serves the summons in the first instance verbally and in writing on the party and then makes a return to the messenger. This is a legal notification or summons, but otherwise it is null.

Your Honor applies to me unjustly the epithet, Defamer, which is given to a person who either fraudulently or forcibly robs another of what belongs to him. He whom that does not concern need not assume it, and I shall still maintain that the young Patroon should not be wronged by your indecent, insufferable, most violent attack through a letter without either day, date or year, which is all too notorious, and conclusively established by sweeping letters and actions. The truth, therefore, does not require any witnesses, as the contrary shall in due time appear manifest before impartial judges; so that the above epithet, though too gross, is endured, and I, therefore, protest against it, whilst those who, according to previous letters, ought to be our good friends and Christian neighbors, prevent me from performing my duty and executing my orders within my Patroon's jurisdiction, without being able to show me commission or command to the contrary, as already stated. This is more especially the case as ten lots are already engaged, and not only myself and the Patroon, but other respectable persons are thereby obstructed and damaged and will be prevented from erecting additional buildings solely by reason of your proceedings, which have no foundation in right or reason.

Therefore the aforesaid Slechtenhorst in his quality aforesaid protests for the third and fourth time against all the aforesaid nullities and against notorious force and violence, and that before Almighty God and to the Honorable, High and Mighty Lords States General, our gracious Sovereigns and liege Lords of this Colony, and at the same time against all hindrances, damages, losses and mischiefs which have been caused, or may hereafter happen to be created hereby. Done in the Colony of Renselaerwyck on the 20th of October, Anno 1648. (Signed) B. V. SLECHTENHORST, Director of the Colonie aforesaid.

After due collation this is found to agree with the original, signed and dated as above, by me JACOB KIP assistant secretary, in the secretary's absence, in the presence of, and before witnesses hereunto invited, this 30th of October 1648, in Fort Amsterdam in New Netherland.

MANDAMUS TO BRANT VAN SLECHTENHORST TO APPEAR BEFORE THE DIRECTOR AND COUNCIL TO

ANSWER SUCH COMPLAINTS AS WILL BE MADE AGAINST HIM.

What complaint we, as Sheriff and Fiscal of New Netherland, have against Brant van Slechtenhorst Sheriff in the Colony of Renselaerswyck, he shall hear and see when he appears on our issued summons before such judges as are thereto qualified by their High Mightinesses and the Honble Directors, whose province it is to decide whether the summons be legal and correct or not, the trespasses and injuries respecting which it was issued being And we assert that we are not obliged to summon Sheriff Slechten, much less before the court of Renselaerswyck where the accused party and no other magistrate besides him, qualified thereto by commission of their High Mightinesses, or by commission from the Patroon, except Anthony de Hoges, the secretary, who, in like manner,

iously exhibited and proved. 'where he holds his domicil, nself plaintiff and judge,

cannot be witness and judge. It is sufficiently admitted that the Judges and Councillors appointed and qualified by the Patroon, have long since become dependent on and subservient to this officer, and therefore there exists no proper court of Justice, neither are any judgments pronounced before such court, acceptable and valid wherein their High Sheriff or Director is, himself a party, plaintiff and judge, or at least where he had only one qualified councillor with him. We will not enter into a discussion here respecting the Commandant's assumption, that the Colony has high and low jurisdiction; but we assert, conformably to the Exemptions, that the high jurisdiction in New Netherland, belongs to the Company, and that the Colony is subordinate thereto.

Whether the notice or summons was made in writing or verbally, is, in our opinion not so much the question as, was it served? This was done once, twice and three times by the Company's Commissary in Fort Orange, in the presence of two credible wituesses, and the Commandant's exception is purely frivolous, since in Fatherland it is not customary that any summons should be made in writing, but only verbally by the sworn messenger, and the Commandant herein contradicts himself, inasmuch as, at the close of his nullities, he himself writes that he received the notice on the 28th of September, through his door.

It is a flimsy misrepresentation (to say that whenever any summons and notices are served, the defendant is informed why he is summoned and subpoenaed; this is in no place the practice; and no copy of a notice can be furnished to the defendant, because the summons before all Courts is made verbally; and whenever the defendant appears and a written complaint is lodged in Court* against him by the prosecutor, then it depends on the pleasure of the Judges to grant the defendant a postponement in order to answer in writing the written complaint.

That the summons and notice is served in Fatherland by a sworn messenger, and of the same jurisdiction, and with the previous knowledge of the Sheriff is, in part, correct and well known. But that does not apply in this case, because the Commandant, who is defendant, is himself, as we have seen, Sheriff, Judge, and Court Messenger, and up to this time we are not informed of any other Sheriff, Judge or Court Messenger than the defendant himself. What, then, can be more preposterous, or more unprecedented in a Judge on the Bench, than to have a person summoned before himself, or by himself, and to try him, himself? The Director General and Council will have to justify, and their resolutions will doubtless explain the purpose for which the soldiers were sent. We will say, however, that it is a barefaced falsehood to state that they were sent by us to serve a written or verbal notice. As regards the alleged insult-that three armed and hostile persons burst into the Patroon's house-those who perpetrated the insolence shall have to answer for it. But it appears to be a false accusation, inasmuch as it appears by the witnesses, that Commissary Van Brugge, by whom the notice was served, knocked respectfully at the door and was admitted by the defendant's daughter, when he, according to orders, requested copy of Van Slechtenhorst's commission; the same having been refused, he summoned him properly to repair to the Manhatans to vindicate his refusal, as the Commandant admits in another missive. Hence it is evident that the defendant well knew in part what he was summoned and subpoenaed for. From all this, it is manifest and notorious that all the exceptions taken to the legality of the service of the summons are null and not worthy of consideration. Besides that, according to law, it is not the province of a defendant, but of the Judges to declare a summons legal or illegal, so that it follows from all this, according to all law, that the Sheriff, the defendant, is to be apprehended as contumacious, and the exhibited complaint prosecuted. As to the defendants complaints of the length of the voyage and of the inconvenience of the winter weather, both these are nothing else

* Vierschaer-a criminal Court.

than frivolous excuses for delay, because his futile answer will show when the summons was served and the date of his reply of non acceptance, at which time the vessels sailed up and down the river, some twice, some three times, and made very pleasant voyages.

But in order to exempt ourselves from all charges of precipitancy and harshness, the rather as winter is now approaching, we have, with the knowledge and approbation of the Director General and Council (salva actione litis) granted the defendant a delay until the spring when the first vessel will be coming down. Wherefore, in order that he may not set up any further pretext for delay, or exception, we hereby summon him de novo, in writing and verbally, through Commissary Van Brugge, to appear on the first Court-day in the month of April, which will then be, God granting life and time, Tuesday the fourth of the aforesaid month, before the Director General and Council of New Netherland, his competent judges, and before them to hear and make answer to such accusation and complaint as we, in our quality of Sheriff and Fiscal, shall officially and as in duty bound institute against him.

Done Manhattans this last of October, 1648.

ORDER.

CAREL VAN BRUGGE, COMMISSARY OF FORT ORANGE, TO PROCEED WITH THE REPAIRS OF THAT FORT, AND TO DEMOLISH ALL BUILDINGS WITHIN A CANNON SHOT OF THE FORT.

Whereas by divers letters from our Commissary Van Brugge, the testimony of others, and personal reports of inhabitants of the Colony, we are informed of the improper proceedings which Commander Van Slechtenhorst usurps and commits not only over his own inhabitants, in violation of law and the granted Exemptions, as he forbids them on pain of the heaviest fine to appeal from his court, but also against even the Company's servants and vassals, to the disparagement of the charter granted to their High Mightinesses and infraction and nullification of the Freedoms granted to the Patroons, in blinding and blockading the Company's fortress by divers buildings, ploughing the ancient gardens and fields situate at the dry moat of the fort and heretofore always made use of by the Commissaries, chiefly endeavoring to prevent, so far as lies in his power, the necessary reparation of "the Fortress," as he himself sneeringly styles it, because it can be entered by night as well as by day, being severely damaged in the latter part of last winter by the extraordinary high water inundation. As it required, for that reason, necessary repairs, we therefore ordered and commanded our Commissary there not only to repair it, but to put it in a proper state of defense, to wit: to surmount it with a wall of stone instead of timber, so as to obviate the annual expense and repairs. This being already begun, Commander Slechtenhorst forbade the quarrying of stone and the cutting of timber and firewood needed by the fort, within the limits of the Colony contrary to a former and obsolete prohibition, and the farmers and inhabitants to cart them, all according to the tenor of his ordinance, without the knowledge or consent of us and the Council of New Netherland, and yet not designating how wide the limits of the Colony extended, or to point out where the Company may cut its wood or take the stone. This was never before done by any chief officer of the Colony or tolerated by any Directors and Council, our predecessors, as it tended not only to the palpable belittling of their authority and general commission, but especially to the violation, infraction and nullification of the Incorporated West India Company's supreme jurisdiction, which extends as well over the Colony of Renselaerswyck as over others; if this be tolerated, other Colonies such as Heemstede, Flushing, Gravesend &c would be expecting