First, Secretary Cornelis van Ruyven, and to ask him whether the Director-General and Council ever forbade him to take any evidence, and especially that which Jan Gaillardo ferrare was willing to produce.

Secondly, the witness himself, whom Jan ferrare hath produced, or is willing to produce, and it will be found that one, having given his deposition and declaration, it was recorded by the Secretary, who furnished him, ferrare, with an extract from it.

Thirdly, if you will please to examine and to hear the accuser himself, as to the language and expressions the Secretary used when he stated that the Director-General had forbade him to hear his witnesses, that falsehood will be sufficiently evident if Mess" the Commissioners will please to observe that one witness being heard, and the other not having anything else to testify, what advantage or damage it could be to the Director-General whether this other were heard or not. Certainly this falsehood demands a special proof or correction.

In the second place the Director-General and Council declare to be false and untrue the assertion of Jan Gallardo that the Governor and Council of this Province and place declared the negroes herein demanded, good prize; these are his own expressions. This point demands special proof or else due correction.

The Director-General and Council have never troubled themselves, nor have had any cause to trouble themselves with confiscating or declaring, as prize, any ship or property of any other prince or potentate which hath arrived here accidentally. The Director-General and Council never inquired whether the Captain was a Hollander and the prize a Spaniard; it is, therefore, not gainsaid, and in their opinion it is a matter of little importance. The commission by virtue of which Captain Geurt Tysen said the prize was captured, was exhibited to the Director-General and Council and appeared to be a French commission, granted and signed Chevalier du Poincy, and on the face, Consulier and Luytenant-General of the King of France for the islands of America and Hereditary Governor of St. Christophers; the continuation of the commission empowering Captain Geurt Tysen to do as he had done, and the DirectorGeneral and Council presume that in virtue of the treaty and alliance then existing between his Majesty of France and their High Mightinesses, the Lords States-General, they could not refuse what they granted to a Captain coming here with a French flag and commission, although he were a Dutchman or a person of any other nation whatsoever; to wit: to repair before this city and to depart when he pleased; meanwhile, to purchase, for his money and wares, whatever he may require, which, as the Director-General and Council are informed, is not refused to any Frenchman or to any one coming, or who have heretofore come, with a French commission, into any ports within their High Mightinesses' jurisdiction; therefore, we cannot refuse it unless their High Mightinesses be pleased previously to give, or to send, us orders to the contrary, which we, then, as dutiful subjects, shall observe and obey.

Here the Director-General and Council mention and say, as they have already stated in the previous and last answer, dated 24th August, until better informed by other laws or order, that they cannot conceive their subjects, much less themselves, as Director-General and Council, to be bound to restore to, or pay Jan de ferrere for, any negroes or goods sold or bartered by Captain Geurt Tysen to the Company or any of its subjects, unless the first, second or third purchaser or present owner in possession be satisfied therefor, which Jan Gaillardo de ferrare seems to demand in his last answer or 'reply, dated 29th August. The reasons to that effect alleged by him are too frivolous to merit scarcely any reply.

Admitted and granted that Geurt Tysen is a Hollander, a Zealander, or a native of Overyssel, the question is: Cannot he or any other Dutchman seek service and commission from another christian prince or potentate? The Director-General and Council, until better informed and advised in the premises, apprehend that he can. This, or the contrary being the case, the above named de ferrare, as plaintiff, hath no cause of action against the DirectorGeneral and Council herein as defendants, but against Geurt Tysen alone, whom, in the conclusion of his writing, he says he had a long time in prison in Amsterdam; or against Governor du Poincy, who might have favored Geurt Tysen, a Hollander, according to the plaintiff's allegation, with some French commission.

The second reason set forth by the plaintiff, that their High Mightinesses, the Lords StatesGeneral of the United Netherlands, and the Burgomasters had commanded and ordered such restitution of negroes, is alleged by him under an absolute mistake. Quick dispatch and full justice were and are never refused to the plaintiff. It is impossible for the Director-General and Council, pursuant to the aforesaid orders, to send over Geurt Tysen, pede ligato, because he is absent and has not been here in 5 years. And the plaintiff says, in his conclusion, that he had him or his Lieutenant, Geurt Tysen, a long time in prison at Amsterdam; wherefore was he not holden and prosecuted in due form of law.

The expenses and trouble of his voyage over and hither, the plaintiff must charge to himself, and consequently not impute or attribute to, much less demand of the Director-General and Council, who now, for the second time, cannot afford him any quicker or other complement of justice, answer or satisfaction than was given him last year when the expenses of his board here were paid by the Director-General and Council, and his passage was apparently agreed and paid by the Company; and therefore it is a gross error now, on his part, to again demand them.

The Director-General and Council offered the plaintiff or Petitioner, ferrare, in their meeting of the 24th of August, not only a copy of the Memorial and papers, but even the originals, as they were transmitted in duplicate, but he refused to accept them.

This being what the Director-General and Council have deemed expedient, at this time, to rejoin to the answer or reply of Jan Gallardo de ferrare, they authorize and order their Fiscal to make use of the further provisions of law against him, and to proceed against his sinister, frivolous and false accusations before the Commissioners, according to the statutes. Done, Amsterdam, in New Netherland, as above.

Agrees with the resolution aforesaid.

C. V. RUYVEN, Secretary.

Appendix 10: Received 26th April, 1658.

Jan Gallardo de ferrara, of the city of St. Lucar de Berrameda, says your Honor's answer asserts that what I here allege is not the truth, and that I have misinformed the Ambassador; and I say that I again refer to the testimony which the witness hath signed with his own hand, that he was two days consecutively to the Secretary's, to be examined, and the said witness told me, on the first day he was there, that he should return the day following, to be examined, and the Governor had ordered that the examination must be taken by the Burgomasters, and so with this answer he went away. On the next day, I accompanied said witness to the

Secretary, who began to speak some words to the witness and me in French. I understood distinctly what he said, which was, that your Honor had forbade him to examine the witness, and, touching that answer, I demanded from him this declaration in French, signed also by another witness, from which the truth is to be seen. And your Honor says that such witness hath declared and testified, and that a copy of the declaration was given to me; I say I know nothing of the declaration, nor hath any copy of his sworn declaration been given to me. Therefore, I humbly request the Burgomasters to give herein a little attention to the points which I shall further submit here. As neither your Honor nor the Secretary hath known anything of the French declaration and witnesses, and I have mentioned them in the Memorial which I submitted to you on the 29th August, and the answer your Honor gave me, is the answer to the Memorial of the 29th August, of the year 1657, and I have had no other answer; the declaration of the witness is of no value; your Honor says that he hath testified, and copy hath been delivered to me; I have not received any copy either from your Honor or the Secretary. Who, then, should give it to me, as this is the first answer that your Honor hath vouchsafed me, and, yet, your Honor says that the original of the declaration is in the Secretary's office. Here, again, the clear truth of my case is manifest, and what I have written thereupon is known, and the tricks and injustice which are done me; and I also say, if there be any persons in this country who translate from Dutch into Spanish, wherefore was not a copy in Spanish furnished me, so as to answer it, and not oblige me to have recourse to a Jew, to beg him, for God's sake, to read to me what your Honor gave me as an answer. And it was read to me so as to be hardly intelligible to me, and I heard scarcely four words that I could understand. Here, also, is my right acknowledged.

Therefore, I demand copy of his evidence and, moreover, of the other testimony, to be placed with the different papers in my suit, in order to know, and to be able to ascertain whether they have truly testified, and whether it agrees, question for question, with my Memorial of last year, 1656; and if he hath not declared the truth agreeably with the aforesaid Memorial and entered demand of said year, your Honor can have the commissary of this place and a cooper named Simon, summoned, for he hath, before the witnesses who heard it, declared according to the tenor of the Memorial; and you can have the two witnesses swear and declare, under oath, before God, the truth of all that shall be asked of them, and let the questions be drawn up according to the tenor of said Memorial, and if said witness Bernaal do not testify the truth, it will be because it is adverse to your Honor, and because he is an inhabitant here, or through dread and because I am a poor foreigner; for in my country, if the witnesses do not swear the truth, and there are other witnesses who have heard the contrary, that is added to the other declaration, and if he have not sworn the truth, his teeth are pulled out, agreeably to the laws of the Kingdom, he being a perjurer. If they altogether do not declare the truth, I then have no other information than what I have brought from Spain, for in that declaration a seaman is named who helped to capture me; and the declaration of the Captain who ws a prisoner, a companion of Geurt Tysen in further justification of my case and my acquired right.

And it being true that I have found the negroes, in this country, as appears by my Memorial of last year, 1656, in which are specified and set forth the names of the masters who now hold the negroes and the names of the latter and their marks, and who their original masters were, whereby my right and truth are seen, as well as now in the draft of the said Memorial, they, the same negroes being still in the country, I request and pray your Honor, without

delay or litigation, that my negroes be restored to me, as it is notorious that such is my right, as it is the law of this Kingdom that stolen goods cannot be retained by fraud and treachery, inasmuch as the Lords States-General and Mess's, the Burgomasters, request and require that right and justice be done me. 'Tis notorious that the Captain is a Hollander and the prize a Spaniard, and as your Honor alleges, in your answer, that it does not appear that the Captain is a Hollander, I say that a foreigner, residing ten years in the country, enjoys its privileges the same as the native of that country, and for this reason is he a subject of the Lords, masters of said country, and for the same reason the commission in the hands of this pirate was void; for the placards and laws of the city of Amsterdam impose the penalty of restitution of goods and corporal punishment. And as your Honor says, in your answer, that I must seek my redress and right from the pirate, who already hath been in prison, I say that those who let him out of prison have sent me here. And if I discover said negroes in this country, as it is notorious that I have recognized them, then I shall receive right and justice, according to my deserts and on the demand which I make.

Your Honor says, in your answer, that you have supported me last year. Mess", the Burgomasters, well know, and I also admit, that I have received assistance for 36 days, more or less, by your Honor's order in a house where I have eaten twice a day, and that your Honor should know the truth, my food consisted of salt meat twice a day, such as is distributed as rations to the soldiers from the Honble Company's store, and nothing else, and I have slept in my clothes, and have been obliged to pay for my washing out doors, in support of which I have left with my landlord, named Matthys, a deposition of what he gave me. He asked me, the other day, if I wished to see again what I had left with him. Your Honor says, you paid my passage last year, I, therefore, made application to your Honor, who answered me that you could not thus give alms; and I told you that the Burgomasters had offered me alms, to which you answered, that they could do so, as they were rich, and that you could not do so. Whereupon I have agreed with the skipper Jan Jansen Bestevaer, in the presence of a Jew, named Abraham Lucena, who, having consented, hath paid it. In coming over, last year, to this country, the Manhattans, an Amsterdam merchant sought me out, who remains bound for the payment thereof. Your Honor says, you have great forbearance and patience with me. Your Honor well knows the truth of my right, and such being the truth, in order rightly to answer you in Dutch, for which purpose no interpreter was then furnished me, I gave your Honor the answer I made, without retaining a copy of it; it was returned to me in Dutch, which I do not understand, nor have I any person to explain its contents to me. Your Honor says, by my style of speaking no further respect is paid to Counts and Marquises, wherefore I must answer to the Fiscal. The Fiscal is aware of the truth of my claim, to which I refer, and to the contents of my papers; and your Honor and the Fiscal, as resolute judges in this place, can do with my person what you please. According to my right, I think I have not deserved any such thing. Therefore, in the name of the Lords States-General, and in the name of the Burgomasters of Amsterdam, and on behalf of my abundant and just cause, and out of respect for the letters and papers I have brought with me for such restitution, I humbly crave Mess's, the Burgomasters of this country, and the Commissioners named to hear my claim, to do me right and justice, and to restore me those negroes with all expenses which I have incurred by four years' pleadings here, or the value of said negroes from the persons against whom I have most right, or against the Lords, whose country it is, and who own them, inasmuch as they possess some of my negroes, and

the owners may apply to those who have declared the prize good, or to him who sold them, who is a Hollander, and has a brother named Jan van Campen in the city of Amsterdam, a Captain of a ship of war belonging to the States. And as I say, that a year has expired since I have gained my cause without being able to enjoy my just right, and I have need of no further delay or postponement, so Mess's, the Commissioners, will please to decide according to equity; and should such be against me, I appeal now, henceforth, to higher judges or courts, who most agree with my right, and I demand copy of this, my Memorial, authenticated and signed by the Secretary, who must, above all, be believed; and I also demand copy of my other Memorial dated 29th August, of this present year. Done in the city of Manhattans the 15th September, 1657.

We, the undersigned, by request, and as deputed herein, have, to the best of our understanding and comprehension, translated from the Spanish into our Low Dutch language this preceding answer of Jan Gallardo, a Spaniard, contra, the Honble Director-General, Petrus Stuivesant and Council, and in their name against the Honble Directors of the Incorporated West India Company. Your Honors will be always sufficiently able to understand and to perceive the substance and meaning of the aforesaid Spaniard from it. Your Honors will please excuse a word, more or less unintelligible, ill expressed and not well rendered, which, under correction, we did not readily seize or understand. Wherefore we deliver the hereunto annexed, and by our usual signature affixed, acknowledge to have translated it to the best of of our ability. Ady 11th day of October, Ao 1657, in the city hall at the city of Amsterdam, in New Netherland.

Found to agree with the original translation.

(Signed),

PIETER TONNEMAN,
JOSEPH D'ACOSTA.

C. V. RUYVEN, Secret".

Appendix 11: Received 25th April, 1658.

To Mess" the Commissioners appointed and qualified in the matter of Jan Gallardo ferrare, a Spaniard.

Honble Sirs.

Whereas, I learn from the Memorial presented by the Ambassador of his Majesty of Spain to their High Mightinesses the Lords States-General dated 3d January, 1657, that Jan Gallardo ferrare hath grossly misinformed his Excellency, the said Ambassador, and sinisterly accused me of having declined recording the declarations of persons whom he, Gallardo, hath brought before me, which he repeats, de novo, in the writing he gave in yesterday at your Honors meeting; wherein he further adds, that I answered him, Gallardo, that I was forbidden by the Director-General to hear the witnesses, or to sign their declaration.

In the first place, I declare as the truth, that I have never been forbidden to receive or to record the evidence of the aforesaid Gallardo, or of any other person; also, that I never told him so; and that I never refused him or any person else to sign their declaration or to record it.