Document: Answer of Elbert Elbertsen and others to the complaint that they did not pay the tenths

Elbert Elbertsz Joris Jacobsz

and Hendrick Pietersen defendants and respondents

against the lord fiscal, De Sille, plaintiff.

To the honorable lords general and high councilors of New Netherland.

May this serve as a response to the charge of the lord fiscal made against the defendants, first that the defendants greatly injured the lord plaintiff by violating to some extent your honors’ placard posted July 1, 1652; with respect to Hendrick Pietersz, he has not a single foot of his own land; Joris Jacobsz has no other land than what was granted him by your honors’ own patent; and Elbert Elbertsz bought and paid for his land, not from Indiaenen, but from Wolfert Gerritsz, who also granted him a conveyance for it over two years ago before the former schout David Provoost, deceased, by which conveyance it demonstrates that the aforesaid Elbert does not own his land to the prejudice of the honorable Company or anyone else. Second, that the defendants have shown themselves unwilling to pay the demanded tenths is untrue, and moreover that they shouted in loud voices as the lord plaintiff claims, but have said and still say and submit that they shall herein do, as others, and be pleased that your honors have the tenths and that your honors or the honorable Company be owed it and that it be fetched not in the scornful manner as the lord plaintiff claims at the expense of the defendants, but according to the practice in the fatherland, where the lord has the tenth collected; whereby offering to pay, they hope to have nothing forfeited, much less to be held in prison to their shame and blame. For this reason the defendants conclude that the fiscal’s charge and conclusion be rejected with costs and the defendants be released from their confinement, at least, if needs be, and your honors (beyond expectations) find it to pertain, under sufficient security for the judgment so that they can take care of their present growing season, which ought not be neglected, and thus may sufficiently prevent their great shame, indeed, threatening ruin.

Your honors’ obedient servants (was signed) Elbert Elbertsz, Hendrick Pietersz, the mark of Joris Jacobsz.