"New York Historical Manuscripts: Dutch" Register of Solomon Lachaire originally by E. B. O'Callaghan edited and indexed by Kenneth Scott & Kenn Stryker-Rodda Page 50 ..... This day the 16th May [1661] Edward Leek, merchant, sailing in the bark of Richard Ery named The Providence, which he decided to have chartered by the month, before both me the Notary and the undernamed witnesses, protested for and against all impediment, loss and damage which he through neglect of the aforesaid Richard Arey hath already suffered and still shall happen to suffer, inasmuch as the said Richard Ary, notwithstanding divers friendly interpellations has not prosecuted his voyage to Virginia. Page 54-55 ..... Leake debit August To a summons for Willem Lambert fl. 1.12.- my services for attendancy on the appearer 2. -.- arranging the arbitration 1. -.- receipt in English 1.10.- going with him to the burgomasters 1. -.- going to the appearer's in vain for my attendance with him on the appearer 2. -.- going with him to the burgomasters on an Extraordinary Court Day 1. -.- one consultation 15.- my attendance and interpreting before court 2. -.- translating an English receipt 1. -.- a journey with him for the judgement 1. -.- draft of alteration 1. -.- a journey with him to the burgomasters 1. -.- ditto ditto for the judgement 1. -.- a journey 1. -.- a journey to the burgomaster with him 1. -.- a journey with him to the Secretary to procure the altered judgement, but it was not altered 1. -.- a consultation on the case 15.- a petition to alter judgement 1.10.- communicating it to Mr. Gabri and him 1. -.- with him to Couwenhoven 1. -.- ditto to the burgomaster 1. -.- ditto to Johan van Brugh (torn) 22 August 1661. Page 82 ..... Memo 20th August. [1661] Drew a petition of Mr. Leek for an alternative in the judgement. ditto. Spoke thereon to Schepen Pieter Wolphers, who says the error was committed by the Secretary against the meaning thereof. Showed the petition to the President of the Burgomasters, who answered, [he] will speak about it to the Schepens. fl. 1. -.- Spoke to the Honorable Johannes van Brugh thereupon 1. -.- Page 126 ..... 30th Mr. Eduard Leake Dr. To translating an arbitration between him and William Laub fl. 1.10.- To translating an affadavit of Daniel Robbins 1.10.- To translating a compromise, arbitration and approval between Ewd Leake and Richard Ary, 4 1/2 pp. 6.15.- To translating of the acquittance of Ary 1.--.- To authenticating his contract with Ary dated 11 7ber 1660. -.10.- To various business for Edward Leeke and much scribbling between his skipper John Benam and Richard Ary, two good days 4.--.- first April Was with Richard Ary and John Benham to Cornelis Steenwyck and left with him the original contract between said Ary and Eduard Leake made at Boston dated 11th September 1660, also a further contract followed on the arbitration dated 12th August 1661 executed at the house of Joris Wolse, whereby at that time Edward Leak was claiming from Richard Ary 16.14.04 1/2 sterling. For my journey and business this day fl. 2.-.- Page 205 ..... 5th September Dr. Edward Leake For my going with him before the Council and interpreting against Joseph Watson, and other business that day fl. 2.10.- 6th ditto With him to the widow la Noy 1.--.- Page 206 ..... 12 September Edward Leeke Dr. For my going with him before the Council and interpreting against Claes Boot fl. 2.10.- For two journeys with him to the Secretary 2.--.- Page 207 ..... ditto [13th September] With Eduart Leake to Mr. van Ruyven fl. 1.--.- Page 212 ..... 7 8ber Have translated for Mr. Eduart Leake his agreement; owes therefor fl. 2.10.- Page 213-215 ..... To the Right Honorable the Director General and Council of New Netherland Most respectfully showeth Edward Leake, and English merchant at present residing within this city, that he, on the 23rd May of this year, entered into and made a certain charter party with Nicolaes Boot, merchant and burgher of this city, then in Virginia, whereby the said Nicholaes Boot bound himself to the petitioner to take on board on the first arrival of his bark from Manathans, from him the petitioner at a certain bespoken place in Virginia and to carry direct for and to Manathans, the dangers of the sea alone excepted, a quantity of between twenty and thirty hogsheads of tobacco, on payment for freight of 20 stivers per hogshead; and parties obligated themselves by the aforesaid contract, that whosoever did not fulfill said contract should pay to his party the sum of fifty pounds sterling English currency as more fully appears by said contract hereunto annexed translated; whereupon it followed that petitioner pursuant to his contract hath, at the bespoken place, caused to be taken on board the said bark of Claes Boot the quantity of three and twenty hogsheads of tobacco and [blank] pieces of hides, and, himself embarking as a passenger in her, the aforesaid bark sailed from Virginia and in a few daysarrived safe here and came to anchor in the harbor; when the petitioner, thinking the voyage terminated, landed and went home to lodge at his ordinary inn, expecting that his laden goods would be discharged and delivered to him, according to his charter party made with Claes Boot, being a burgher of this city. Which aforesaid Nicolaes Boot, following his said contract in part hath also fulfilled the petitioner's expectations in part, and hath with [blank] hogsheads of his own and [blank] of one discharged and delivered to him, the petitioner, eight hogsheads. After this it followed that the aforesaid Nicolaes Boot, out of certain his own purpose, contrary to his contract made with the petitioner, sent his aforesaid bark under the command of one Joseph ... to the North or New England; and thus, out of his own head, again adventured the petitioner's unloaded property, being fourteen hogsheads of tobacco, and [blank] hides after they had once safely arrived at their place of destination, and had borne the dangers of the seas. And the bark aforesaid coming back from the North, was in fair weather and on a clear day, through the seeming ignorance of the seamen on board of her, run upon a rock in the Hellgate alongside of Barents Island and stuck fast there, so that on the ebbing of the tide, the aforesaid bark being fallen on her side, the hold became full of water on the flood, and all the rest of the tobacco was ruined, except a few tubs which were saved, one of which belonged to the petitioner. Now the case is that the petitioner was summoned on the 5th of September last before the Court of this City by the aforesaid Joseph ..., styling himself skipper of the said Nicolaes Boot, for the freight of the aforesaid nine hogsheads of tobacco, 5 hides and the petitioner's passage money. Against which the petitioner excepted, stating through his interpreter that he did not acknowledge the aforesaid Joseph, then plaintiff, as skipper, inasmuch as he did not make the contract for freight with him but with Nicolaes Boot, who was there present as interpreter, and that he had not signed for him any bill of lading as a skipper ought to do; further, producing his charter party, demanding fulfillment thereof. Whereupon those of the court aforesaid referred parties to Mr. Thomas Willet and Cornelis Steenwyck, before whom parties having appeared, nothing could be effected, as the abovenamed Nicolaes Boot was not willing to submit; so that the petitioner was under the necessity on the 12th of said month to cite the aforesaid Nicolaes Boot before the Court of this City, and hath demanded of him satisfaction for 13 hogsheads of tobacco and five hides which he had received here less than he had shipped in Virginia. Whereunto defendant answered that the bark ran ashore and the tobacco was spoiled, and he had lost him as well as the petitioner's, persisting further by the demand of his pretended skipper entered on the last Court Day. Whereupon those of the Court aforesaid--without observing, (1) that it was within the defendant's power to discharge and deliver all the plaintiff's tobacco and hides as well as a part of them; (2) that the right place of unloading was here according to the charter party; (3) that, therefore, the danger of the seas had been once borne by the petitioner, and he was not bound, without another contract, to incur further danger; (4) that the defendant on his own profit and loss took the risk upon himself adventuring the petitoner's and other merchants' goods, without their seeming consent, on his own initiative; (5) that his pretended bond to discharge the tobacco in New England does not patrocinate him, for he might have made use for that purpose of his own tobacco which he had already discharged here, but not of goods of merchants which he had accepted on freight expressly to deliver here; (6) that as the charter party must be fulfilled at a place where the King's interdict is powerless, it certainly binds the contractors at least to the payment of the fifty pounds sterling therein mentioned. [The Court] was pleased by its judgment dated 12 September 1662 to dismiss the plaintiff's demand and to order him to pay the freight of the goods received and the passage money, according to the complaint on the last Court Day. Wherefore your petitioner, finding himself seriously aggrieved by said judgment, hath seasonably constituted himself appellant from that to this Supreme Council, as he now hereby doth; praying Your mandamus od appeal in communi forma; which doing, Right Honorable Lords, he remains ... ----- [Lachaire's original English, transcribed by the Editors:] Appeeared before mee Salomon Lachaire Notary pub. adm. etc: en fore the hereafter named Wittenesses, Richard Hencksman of boston in New Englant marinar my notario Well knowe and did Confes and Acknowledge him selfe to be indepted unto Mr. Cornelis Stenewyk marchand of This towne the full sume and quantiteye of nine tene hundred Waight of good sound marchandable Virginy leafe tobbacy in Caske Where under are to bee soo much hides as hee The sayd Hincksman kan procure, Which dipt doeth arise outh mony lentt and payd for the uze of the Appearant, for the barck named the black bird, bought of Mr: Matthew Bunne, Which sayd payement is to bee made here at The Waige house at or before the last days of march next Ensuinge the date hereof, unto the sayd Richard Hincksman doeth by This present Acte bind him selves his hires Executors administrators and assignes and Especially the sayde Barckeknowne by The Name of The blackbird with all furnitures, bought of Mathew Bunne, foresayd, unto Whome the mony is payd. Acted Without Fraud At Amsterdam In The New-Netherlandes in The presents of Edward Wood, and Edwart leake Credible Wittenesses hereunto Required This 9th daye of october 1662. Ed: Wood Richard Hinckman Edw: Leake Signed in The presence of mee Salomon Lachaire Not: Pub 9 8bris 1662 Page 216 ..... Eduart Leake Dr. For petition of appeal against N. Boot; 2 pages long fl. 6.-.- For translation of his agreement thereunto annexed 1.-.- Page 218 ..... 11 ditto. [October] Nicolaes Boot and Eduard Leake terminated their difficulty through the intervention of me, Salomon Lachaire, and Warnaer Wessels, and agreed that Leack, according to agreement, shall pay the freight of the saved goods and the passage money which amount together to fl. 120, against which Boot shall make good to him for his claim of 13 hogsheads and five hides lost fl. 150, good pay, and freight of the two hogsheads or equal value on the first opportunity. Each his own costs; the treat, half and half. Page 219-220 ..... October. In virtue of power of attorney granted to me by Mr. Eduart Leake, I caused Nicolaes Boot to be arrested and summoned before the Court of this City, but again relased him on the 19th ditto at the instance of Hendrick Obe in his behalf. See papers of Mr. Leake and N. Boot.