USA > New York > New York City > History of New Netherland; or, New York under the Dutch, Vol. II > Part 51
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And whereas the Company hath now resolved to open to private persons the trade which it has exclusively carried on with New Netherland, and to empower the re- spective Chambers of the Company to give permission to all private inhabitants of these countries to sail with their own ships to New Netherland, the Virginias, the Swedish, English and French colonies, or any other places situate thereabout, according to the drafted regulation, they shall carefully observe, or cause to be observed that the con- tents thereof shall be attended to, as much as is in their power, acting against the contraveners in conformity to the first article of the octroy, and the tenor of the regle- ment already made, or to be hereafter enacted, and as regarding the receipts of the duties, tolls, and other rights already imposed or to be hereafter imposed, as well on the exported as on the imported goods, for so much thereof as shall have to be paid in that, and not in this country.
All which points and articles the Director and Council shall be holden to observe and to follow, as much as possible, regulating themselves further according to the in structions heretofore given for the direction of those countries, so far as the same are not by these presents already altered, or may not hereafter be changed, which power the Assembly reserves to itself. THUS done and resolved in the Assembly of the XIX, of the General Privileged West India Company in Amsterdam in the year 1645, the sev- enth of July.
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APPENDIX.
B. Vice Director Dinclage's Commission.
[ Holland Documents, VI. ]
The Committee of the General Privileged West India Company in the United Neth- erlands. Whereas We, for the direction and management of the affairs of New Netherland, have considered it proper and necessary, there to establish a court consisting of a Director, a Vice Director, and a Fiscaal, and therefore not only the office of Director, but also that of Vice, with a fit and capable person to furnish :- THEREFORE, We, reposing confidence in the good report made to us of Dr. LUBBERTUS VAN DINCLAGE, of his fitness, experience and capacity, have acknowledged, appointed. and deputed, and hereby acknowledge, appoint, and depute the said Lubbertus van Dinclage as second to, and first councillor of, the Director in New Netherland, in such quality to proceed to and reside at Fort Amsterdam, the said Director to respect as his chief, with him over all occurring questions of war, police and trade to deliberate, and to fill his place in the ab- sence of the said Director ; to attend to the preservation and increase of contracts, all alliances, friendship and commerce ; to assist in the administration of law and justice as well criminal as civil ; all disorders, abuses, and irregularities, which have already crept in, or may hereafter arise, to redress and remove, and further to perform all that a good and faithful Vice Director is bound to do, according to the Instructions already given or yet to be given. They desire, order and command, therefore, the aforesaid Director and all Captains, Commissaries, and Skippers, and whomsoever this may in any way concern, that they do, therefore, respect and uphold the aforesaid Lubbertus Din- clage, and in the fulfilment of these to afford him all help, support and assistance, each so far as to him appertains ; on pain of the contraveners or disobedient incurring our indignation, as we have found such to be fitting to the service of the Company. Given in our Assembly of the XIX. in Amsterdam, this 5th May, 1645; was paraphured HENRICUS VAN DER CAPELLE tho Rysselvt.
Commission of H. van Dyck, Schout-fiscaal of New Netherland.
[ Holland Documents, VI. ]
The Directors of the Privileged West India Company at the Chamber of Amsterdam ; To all those who shall see or hear these presents read-Health. BE IT KNOWN, Whereas We, for the maintenance of all good order, regularity and discipline among the people in New Netherland, and the places situate thereabout, under the command of our beloved, faithful Director there residing, have found it necessary at the said place, to appoint a good Fiscaal, to make complaints against all delinquents and transgressors of the mili- tary laws, and all other our Instructions and commands, the same to arraign and cause to be punished ; and therefor has been proposed to us the person of HENDRICK VAN DYCK, Therefore We confiding fully in his fitness and diligence for the performance of said office, have deputed, authorized, and appointed, and hereby depute, authorize, and appoint the said Hendrick van Dyck as Fiscaal over the aforesaid countries of New Netherland, and the places situate thereabout; giving him full power, charge and authority the said office to fill and attend both by land and water ; to take cognizance and information on all forfeits,
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excesses and crimes ; all delinquents, contraveners, and transgressors of the law martial and all other Instructions and orders, as well of the aforesaid Assembly of the XIX., as of the aforesaid Director, to summon and according to demand and circumstances to pros- ecute ; to proceed to definitive judgment ; to execute the same, and delinquents to cause to be punished, pursuant to the contents thereof, and moreover to do and observe all that it behooves a good Fiscaal to perform, following and observing, in his proceedings and com- plaints, all proper formalities in conformity to the placards and ordinances which have been promulgated here, and moreover conformably to written laws. We, therefore, order and command all officers, as well political, military as naval, together with all common mariners, soldiers, and all other inhabitants under our obedience there, or who shall here- after come thither, to acknowledge and to respect the said Hendrick van Dyck as our Fis- caal, and him in the prosecution of his office in no way to interrupt, but in support of justice all help and furtherance by deeds to show and afford ; therein shall our earnest intention be met. Given at the Assembly in Amsterdam this 28th June, 1645.
Instructions for Hendrick van Dyck, Fiscaal of the General Privileged West India Company in New Netherland and the places thereunto adjoining.
[ Holland Documents, VI. ]
I. In the first place, he shall be holden with zeal, diligence, and activity to maintain, preserve, and enforce the common and Company's laws, domains, jurisdiction, dignity, and authority, as well in, as out of, Court, without dissimulation or reference to any particular favor or hate.
II. He shall, consequently, be and form a party, when necessary, in all questions of police, justice and finance, before our Director and Council resident in New Netherland, and before the military and naval councils there, or which shall resort under the author- ity of the aforesaid Director and Council, to any forts, roads or havens in and on the coast of New Netherland, and the places thereunto adjoining, at all which he shall have free access and a seat, but no vote, (doch sonder stemme.)
III. To his care are committed the direction and management of all actions, as well civil as criminal, thereabout ; to institute, defend, arrange and draw out the same, and prosecute them to a termination in such manner as he shall, on his sworn oath, find proper or think best ;
IV. Understanding always, that he shall not undertake any actions having reference to our rights, domain, or finance, except by order of those of our Council aforesaid.
V. But he shall not criminally arraign any man before the respective courts of justice, nor cause him to be arrested, but upon previous information, which however he shall not take himself, except by order as aforesaid, or in such matters as he might personally be witness to when they occurred, and wherein the delinquent might be prosecuted on the instant occurrence of the deed.
VI. In the taking informations he shall exert himself honestly and legally to scrutinize matters to the utmost with all their circumstances, to establish in writing the truth thereof in the strictest and purest manner, noting therein as well the points of defence of the prisoners and accused persons, as the accusations against them, provided always that what most concerns the interests of the Company therein must first of all be en- quired into.
VII. He shall strictly cause to be observed the placards, ordinances, resolutions, military regulations and commands of the High and Mighty Lords States General and the General Privileged West India Company, and attend that nothing contrary there to shall be done.
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APPENDIX.
VIII. To this end he shall take good care, and use all diligence in finding out and ob- taining information of the ill-conduct and delinquencies of officers and all persons who are in the general or special pay, by water or by land, of the General Privileged West India Company ; for which purpose he shall pay strict regard when the commissaries come to the Manhattans from their trading posts: Item, when the ships arrive from patria, or leave there for patria ; and to the lading and unlading of the same, without any neglect in the prosecution of the confiscations, and other penalties and fines whether on the goods or persons of those who shall be at any time found guilty, according to our aforesaid resolutions, ordinances and military regulations, or in default of these, the written laws directing the proceedings, and prescribing the style and manner thereof, to the proper phraseology of all writings and proofs, until these shall be brought to a de- termination, after which he shall prosecute the same to a conclusion, all in the speediest manner without delay of parties.
IX. And in order to enjoy more freedom in all matters, he shall not take from any person whatsoever any salary, or pensions or gifts, and shall content himself with the civil fines or penalties which shall be adjudged to him ; and as regards the criminal fines, confiscation of wages, and monthly pay and such like, he shall make no further claim than shall be permitted to him at the discretion of our before mentioned Director and Council, who should endeavor so to manage thereupon, that the Fiscaal's part ac- cording to circumstances, shall not exceed for any one person, 25, 30, or at the utmost 50 guilders.
X. But from prizes or captured goods shall nothing be enjoyed, or claimed under any pretence, by him ; he shall only pertinently inform himself of all sorts of prizes, which may be captured anywhere within his jurisdiction, by the ships or yachts of the Com- pany or private persons, of the time, place and persons, nations and causes, whereby these should be holden and declared to be good prizes, and obtain all accounts regarding the quantity and quality of the captured property, and cause the same after previous taxation, to be declared good prizes by our Director and Council there.
XI. He shall likewise aid in observing that in cases carrying with them loss of life and property, the Judges shall be duly qualified and be at least five in number, and he shall equally assist to procure that all around there where criminal judicatures shall be holden, the same rule shall obtain.
XII. In case extensive colonies shall come there, in order that all may proceed regu- larly, the Commanders of said colonies there around, shall endeavor, that from time to time, the judgments delivered within their jurisdiction, whether civil or criminal, with informations and descriptions taken thercupon, shall be sent to him, that he may examine and see if any excesses have been committed, and finding such, to cause the same to be corrected in future ; also if particular malice shall be anywhere observed, to proceed as before, on communication, earnestly and rigorously against the malfaisors.
XIII. He shall transmit hither by ships coming here, copies as well of the sentences and informations sent to him, as of those taken and obtained by himself, and allow the institution of all judicial acts necessary to vindicate the same here.
XIV. He shall take care that the criminal matters or sentences by our said Director and Council shall, after communication therewith, be promptly executed.
XV. He shall also take care that such as are in prison with the knowledge of the Director and Council aforesaid, shall not remain long there at the expense of the Com- pany, without special cause, but so expeditiously prosecute them, that their trials shall be dispatched, and therefore advise the Director and Council as frequently as possible what prisoners are in keep at his suit or otherwise and on what charges.
XVI. lo fine, he shall be holden in all places where he shall be, and in all matters to be diligent and faithful, as a good and trustworthy Fiscaal is bound and obliged to be, in return for such allowances and emoluments as are allowed to him by the noble Company.
XVII. And for the better direction and performance of his duty and office, the Secre-
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APPENDIX.
tary of the aforementioned Director and Council shall assist him, as we hereby charge him, in the taking of any preparatory information, such as judicial acts, and all other previous matters and papers in judicio and out of the same, which shall be necessary for the performance of his duty.
XVIII. He shall also employ a sworn or such messenger as the aforesaid Council are respectively accustomed to make use of, to serve all such summonses, citations, or any other commands or mandaments, necessary to the performance and management of his office and duties.
XIX. And all this provisionally, the Directors of the West India Company reserving to their General Assemby of the XIX. these Instructions, according to circumstances, to add to or diminish, or otherwise to order, as it shall be found proper. Thus given, &c.
C.
Commission of Gerrit Swart, Schout of Rensselaerswyck.
[Rensselaerswyck MSS. ]
JEAN VAN RENSSELAER, hereditary Patroon, and the Co-directors of the Colonie named Rensselaerswyck, on the North River in New Netherland, have accepted as their officer or Schout, in the aforesaid Colonie, GERART SWART, who also engages himself in that capacity to them, on the following conditions :--
That he shall now proceed, with his wife, maid and servant, passage and board free, in the ship which shall be provided for him, to the aforesaid Colonie, and exercise there and fill the aforesaid office, and follow and punctually observe the commission and in- structions which shall now be given herewith, together with those which shall from time to time be sent, and conveyed to him by authority of the Patroon and Co-directors.
He shall use for his dwelling, the house formerly used by the former preacher, situate in Green Bush, and there reside with his family ; and exercise and discharge his afore- said office with all diligence and fidelity, according to the laws, edicts and ordinances already, or hereafter to be enacted there.
He shall also, as is the duty of an obedient officer, be and remain subject to all laws, ordinances, and edicts already made, or hereafter to be made by the Patroon and Co-directors.
Likewise, on condition that the officer there shall not trade nor barter, directly nor indirectly, by himself or others, under any pretext.
And the aforesaid Gerrit Swart shall receive yearly for his wages, to be paid there by the Commissioners, the sum of four hundred guilders, for which he shall support himself in all things. He shall, moreover, receive all fines and penalties amounting to ten guilders or under, but of all exceeding that sum, he shall retain a just third part.
And all this for the term of three years certain, commencing when he shall have arrived in that country ; provided that the Patroon and Co-directors reserve to them- selves to abridge the aforesaid term, and discontinue the service whenever it shall so please them, without being obliged to give any reasons, nor to convey back either him or his family.
On which condition was here furnished him the said officer Schout, in cash, the sum
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APPENDIX.
of three hundred Carolus guilders, which shall be deducted from his first earned wages. [Note in original : " This article was altered by the Patroon and Co-directors."]
Finally, when circumstances demand, the Commissioners there shall accord to him a servant.
All which points are agreed to, the aforesaid Gerrit Swart promising to acquit himself in his office honorably, faithfully and honestly, and perform his trust so that neither the Patroon nor Co-directors nor their Commissioners in that quarter, shall have any reason to complain, pledging thereunto his person and goods having and to have ; submitting all them and the choice thercof to the judgment of all courts and magistrates, and specially to the jurisdiction of the Court of the Colonie Rensselaerswyck.
In testimony of all which, is this, by the parties, undersigned. In Amsterdam, the 24th April, 1652, to the knowledge of the subscribing Notary Public, residing within the aforesaid city, duly admitted by the Court of Holland. Was by their respective hands signed-JOHAN VAN RENSSELAER, GIACOMO BISSEL, for the Co-directors : G. SWART.
J. VAN DE VEN, Notary.
Instructions drawn up by Johan van Rensselaer, Patroon and Co-director of the Colonie called Rensselaers-wyck, for Gerrit Swart as Officer of the said Colonie, according to which he shall, in all good faith, regulate himself.
[ Rensselaerswyck MSS. ]
Having arrived with God's help at the island of Manhattans, he shall proceed by the first opportunity to the Colonie, and report himself to Jan Baptist van Rensselaer, and make known unto him his quality, by exhibition of his Commission and Instructions.
He shall, above all things, take care that Divine worship shall be maintained in said Colonie, conformably to the Reformed Religion of this country, as the same is publicly taught in these United Provinces.
He shall, in like manner, pay attention that the Lord's day, the Sabbath of the New Testament, be properly respected both by the observance of hearing the Holy Word, as well as the preventing all unnecessary and daily labor on said day.
And whereas, it is a scandal, that the Christians should mingle themselves unlawfully with the wives or daughters of Heathens, the Officer shall labor to put in execution the placards and ordinances enacted or to be enacted against the same, and strictly exact the fines imposed thereby, without any dissimulation.
He shall consequently be ex-officio a party or attorney in all matters thereunto necessary, before our Court of justice resident in the aforesaid Colonie, in which he shall have free access and seat, but no vote.
The conducting of all criminal suits, their institution, execution, description and final prosecution, as he shall deem consistent with his recorded oath, shall therefore be in his name ; it being well understood that he shall commence no suit relating to our jurisdic- tion, domain, or finance, except by order of our Commissaries.
And he shall prosecute no man criminally, or cause him to be apprehended unless on previous information, and this he shall not himself take except by order aforesaid, or unless he be on the spot when the offence is committed, and the delinquent be arrested in the act.
He shall in taking information, conduct himself honorably and uprighteously, and describe the affair with all circumstances most fully, in order to record in writing the clearest and purest truth concerning the same, as well the grounds of defence on the part of the prisoners and accused persons, as of their accusation, provided that what most particularly relates to the service of the Patroonship be first of all inquired into.
He shall sedulously cause the placards, ordinances, resolutions, contracts and com-
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mands of the Patroon and Co-directors to be observed, and attend that nothing be done contrary thereto.
And in order that he may be more free in every regard, he shall not be allowed to accept any presents, pensions or gifts from any person whatsoever, nor compound or agree in any criminal matter, but prosecute all according to law, and content himself with the fines and penalties which shall be adjudicated to him.
He shall likewise take care that in matters entailing confiscation of life or property, the judges shall be qualified to the number of at least five, and also see that the same rule be followed whenever courts of criminal jurisdiction shall be held.
Copies of the judgments with the informations either sent to, or taken and obtained by him, shall be forwarded hither in the first sailing ship, and all judicial acts shall be so recorded, that whoever need may be able to be vindicated here.
Care shall also be taken that no prisoners confined with the knowledge of our Court aforesaid, shall remain long in jail at the expense of the Colonie, without special cause, but they shall be prosecuted so expeditiously that their business shall be dispatched, and with that view, shall the Court aforesaid be advised as frequently as possible what prisoners are in custody at his instance or otherwise, and on what charge.
In fine, he shall be holden to conduct himself always diligently and faithfully as a good Officer is bound to do, on such stipend as is allowed by contract to him.
And for the better dispatch and discharge of this his office and duty, the Secretary of our Court shall draft the preparatory or introductory acts of information, and all other preceding matters and minutes in judicio, and moreover whatever shall be necessary for the performance of his office which we hereby order.
The sworn marshal appointed by the Commissaries, he shall also employ to serve all citations and summonses, in which he is not a party.
He shall further be bound to have these Instructions and Commission enregistered by the Secretary of the Commissaries.
Finally, in all matters relating to his office not specified herein, and which cannot admit of delay, or await the Patroon's and Co-directors' advice, he shall act on the resolve of the Commissaries and Court, and advise the Patroon and Co-directors thereof, by the first opportunity, so that suitable order may be taken thereupon.
And all this provisionally, the Patroon and Co-directors reserving unto themselves, to augment, diminish, correct this Instruction according to circumstances, or therein otherwise order as shall be found proper. Thus done and concluded in Amsterdam, this Sth May, 1652.
JOHAN VAN RENSSELAER, JOHAN DE LAET, (a) for the Co-directors.
(a) JEAN DE LAET, anthor of the well known "Novus Orbis, seu Descriptionis India Occidentalis, Lib xviii. fol. Leyden, 1633," translated into French, Leyden, 1640, and into Dutch, 1644 ; also author of the " Jaerlyks Verhael van de Verrichtingen der West Indische Compagnie, fol. Leyden, 1644 ;" was born at Antwerp, towards the close of the 16th century. He was one of the Directors of the West India Company, and Co-director of Rensselaerswyck, but devoted much of his time to literature, and enriched tis age with several valuable works on geography, philology and history, a complete list of which is to be found in Blake's Biog. Dict , Watts' Bib. Brit., and Riog. Universelle, t. xxiii. The first two of these authorities fix the date of his death at 1640 ; the last at 1649. But all these are erroneons, since the Gerechts rolle of the Colonie of Rensselaerswyck acknowledges the receipt of letters from him in 1650, and we have, above, his signature affixed to Sheriff Swart's Instructions, in 1652.
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APPENDIX.
D.
The Rev. Gideon Schaets.
This gentleman, the second clergyman in Albany, was born in 1607. He was originally engaged as minister of the Colonie of Rensselaerswyck, but in 1657 he was appointed, " at the request of the inhabitants of Fort Orange and Beverwyck," minister of the latter place, at a salary of 1200 gl. " to be collected for the greatest part from the inhabitants." The following is a copy of the contract under which he first came to this country :-
" We, Johan van Rensselaer Patroon, and Co-directors of the Colonie Rensselaers- wyck in New Netherland, having seen and examined the Actes granted by the Venerable Classis of Amsterdam to Dominie Gideon Schaets, so have We invited and accepted the said Gideon Schaets as Preacher in our aforesaid Colonie, there to perform Divine Service in quality aforesaid :-
" To use all Christian zeal there to bring up both the Heathens and their children in the Christian Religion.
" To teach also the Catechism there, and instruct the People in the Holy Scriptures, and to pay attention to the office of Schoolmaster for old and young.
" And further, to do everything fitting and becoming a public, honest and Holy Teacher, for the advancement of Divine service and church exercise among the young and old.
" And, in case his Reverence should take any of the Heathen children there to board and to educate, he shall be indemnified therefor as the Commissioners there shall think proper.
"And he is accepted and engaged for the period of three years, commencing when his Reverence shall have arrived thither in the Colonie Rensselaerswyck, in the ship the Flower of Gelder, his passage and board being free ; and he shall enjoy for his salary, yearly, the sum of eight hundred guilders, which shall be paid to his Reverence there through the Patroon's and Co-directors' Commissioners ; and in case of prolonga- tion, the salary and allowance shall be increased in such manner as the parties there shall mutually agree upon.
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