Noble, Honorable, highly Esteemed, Wise and very Prudent Lords:
My Lords, my last letter was from New Amstel on the 5th of this month.[1] When I came into Fort New Amstel on the following day, in order to speak with Mr. d'Hinojosse, I was stopped by the guard at the door of the house who had orders not to let me pass. However, he let me announce my business through Pieter Alrichs who had accompanied me. I received a reply through a young boy who said that his master could not speak with me in good conscience; therefore, I might as well leave, and that he had written to you about the dispute. What he means by this, I do not know.
I had to speak with him for the following reasons: partly because for some time now he has made trouble for the bark- skippers by demanding that they show their invoices; that they strike their colors before the fort (after they have already been at anchor there and the opportunity presents itself to sail upriver), threatening to search them whenever it pleased him; and also because he firmly believes that he will receive a ship at any time from the fatherland. For these reasons and because of the differences between him and van Gezel, I wanted to speak with him in friendship. Also, I brought my instructions to show him what my orders were concerning the arrival of ships, yachts or barks, in order to prevent any misunderstandings. I also wanted to inform him that I had received a power of attorney from van Gezel. In addition, I wanted to settle with him some private accounts in which about ?300 in beavers are claimed.
My Lords, it has happened that Mr. d'Hinojosse requested on the 27th of last month a request by letter in which he desires an attachment on Cornelis van Gezel or on the goods which had been removed; he has not been able to find any goods except for a box and a chest with books, papers and bedding, so an attachment was made on his person, as d'Hinojosse reported. Since no summons was issued with the attachment, van Gezel feared that he was seeking a delay so that it would be considered necessary to hold a special court session. He then had Mr. d'Hinojosse summoned on the 27th of this month for the reasons of the attachment. This was done by Andries Hudde since the messenger lives upriver with the Swedes. When he was served with the summons, he replied, according to Hudde, (written under correction), "I don't give a damn about it!" He did not appear on the first of September which was the day appointed for it; so Cornelis van Gezel requested a release for failure to appear, which he was granted, and Mr. d'Hinojosse was charged with the costs.
On the 27th of August, I again received a letter by the messenger from New Amstel - unsigned. I wrote d'Hinojosse that I had received an unsigned letter from New Amstel and considered it dangerous and unnecessary to reply to it. While dictating this, Andries Hudden came back to Altena because of the aforesaid. He said that d'Hinojosse was discussing this with someone and that it was despicable to speak of a chief in the summons when he referred to himself as the chief of justice in the letter.
On the 29th of the same month I received another letter by his messenger dated 28 August which requested (as in the unsigned letter) that a summons be served on van Gezel. I told the messenger that he could do it at his pleasure. I also said that I should order van Gezel to appear on this summons. Furthermore, he said that he was highly affronted that his unsigned letter was not answered; he also had related in the same letter that Andries Hudde was not a praiseworthy man and that he had several documents to prove it. Whereupon I then replied that he had to prove it, otherwise I would in the meantime consider Andries Hudde an honest man. Whether this can be given credence or whether he has complained to you, time will tell.
On the 5th of this month, van Gezel was summoned again by the bell to appear before the court at New Amstel on the 8th following. Since van Gezel could not find anyone in all of New Amstel to act in his defense, not even the notary, van Nas, all being afraid that d'Hinojosse would charge them with disobedience, I found myself compelled to appear in his defense; all the more since you referred his case concerning the mortgage to me.
Yesterday I appeared before the court in Fort New Amstel, where there were no more than two persons, without a secretary, clerk or writing material. The persons were Joh: Henderix and d'Hinojosse's faithful herdsman, that is to say Pieter Pierters Herder, who were placed above me as magistrates. After entering the courtroom they let a quarter hour pass before speaking to me or asking me anything. Finally they asked whether I came in van Gezel's stead. I answered, yes. I then asked who the plaintiff was, since no one else appeared. They said that they demanded on behalf of d'Hinojosse the auction records of orphans' goods. I replied that I objected to this request, and that by order of Mr. d'Hinojosse the account had been rendered and turned in over 18 months ago. They said that it would have to be done again. After arguing about this for about a quarter of an hour they had me go downstairs while d'Hinojosse (who I believe was in a closed room in the courtroom) came in. After spending some time with them he concealed himself again and they called me back upstairs. Once again I argued with the others; and when no progress was evident, they had me leave again. After waiting downstairs for almost half an hour they called me back upstairs. The clerk then came in with a cilean quire of paper in order to record our proceedings. Not, until then did they ask me whether I had a power of attorney. I presented it to them at once, saying that it was their duty to request this immediately. The two magistrates had d'Hinojosse's demand and my response recorded. They then ordered me to return downstairs and d'Hinojosse appeared once again to give instructions, while I had to wait almost an hour. When he had concealed himself again, they called me in to respond. After doing this they said that I could receive an extract of the judgment when the session was over. I was not able to get it until an hour before evening; but I could not see or speak with his Highness although I requested of the court that I be able to say a few words in his presence. In my opinion, a strange way to administer justice.
My Lords, I thought it necessary to try your patience with this.
I reported to you the needs of the garrison here in my last letter. Our peas and bread-grain are depleted; I only have enough bacon and meat until about November. There are, praise God, enough provisions here if we only had some Osnaburg linen, distilled spirits or brandy and duffels to buy them with. For the soldiers I need some clothing, stockings, shoes and shirts, as well as some sewant for expenses incurred in repairing the buildings here.
In conclusion, I commend you to God's protection, remaining, after wishes for a prosperous life and administration.
