We, Willem Turck, Arnoldus van Hardenbergh and Govert Loockmans, free merchants, having on the 11th of July instant been requested by the honorable director general and council of New Netherland to examine as arbitrators and impartial men the claim of Mr. Augustyn Hermans, as attorney of Catrina Verlet, residing at Amsterdam, and the counter claim of Mr. Davit Provoost regarding certain legacies amounting to the sum of four hundred and ten guilders, sixteen stivers, and also a certain one hundred guilders which the aforesaid Davit Provoost has received in cash from the aforesaid Madam Catrina Verlet, for which one hundred guilders Davit Provoost says he signed and handed to the aforesaid Catria Verlet a draft in her favor, payable by Hendrick Woutersz Terbrugh, for one hundred and eleven guilders (the eleven guilders being put in the draft in addition before the delivery of the one hundred guilders), which said one hundred and eleven guilders the said Madam Verlet was to do her best to collect, with the proviso that if the said draft was not paid he, Provoost, remained bound to tender and pay the one hundred guilders received by him, saving his action against Hendrick Woutersz Terbrugh, to which end and as further security for the aforesaid Madam Catrina Verlet he, Provoost, executed a simple note for one hundred guilders, without any promise of interest, with the payment of which note he could suffice. Therefore, the matter and writings on both sides having been examined by us, the arbitrators and impartial men, we, according to the best of our knowledge, find it to be just and proper that the aforesaid Provoost shall remit by the ship De Princes the aforesaid four hundred and ten guilders, sixteen stivers, snd the interest thereof for five years, at five per cent, the remaining or additional years being fixed for the sale of the property and collecting the money, so that the sum above mentioned amounts with the interest to five hundred and twenty-three guilders, sixteen stivers, which with the above mentioned one hundred guilders amounts altogether to six hundred and twenty-three guilders, sixteen stivers, and that payment shall be made from his earned monthly wages due him by the honorable West India Company. It is also agreed that if any one should attach his wages and therefore payment could not be made, Provoost remains bound, when advice thereof comes hither, to pay the principal here in New Netherland, and the interest at five per cent is to be calculated from that time. It is further stipulated that if hereafter it appear that David Provoost be bound to pay interest on the above mentioned one hundred guilders, advice whereof is expected by the next arrival of vessels, the interest thereof at 5 per cent shall be paid by Provoost above mentioned from the date of the aforesaid note, the original or authentic copy of which must be sent hither.
Furthermore, Mr. Augustyn, as attorney, remains bound to give security here, if Madam Catrina Verlet, or any one on her behalf, should have received the aforesaid one hundred and eleven guilders from Hendrick Woutersz Terbrugh, for the payment of the same here in New Netherland, free of costs and charges; if not, to return his draft.
In regard to the other two hundred guilders about which the parties could not agree and no sufficient evidence was presented before us, we have left the same undecided, as the parties may bring suit before the honorable general and council. Thus then on this day the parties have agreed in the presence and according to the decision of us, the arbitrators, wherefore we, the arbitrators and referees request that this our award may be ratified by the honorable general and council. Thus done in Fort Amsterdam in New Netherland, the 17th of July anno 1647.
Willem Turck
Arnoldus van Hardenberch
Govert Loockermans
