petition the aforesaid Melyn, after a very impertinent and particularly false narrative, simply requests of your High Mightinesses in substance, inasmuch as your High Mightinesses have been pleased to admit him in appeal from the judgment aforesaid and as the said Cornelis van Tienhoven had come over to this country and was residing at the Hague for the purpose of defending the same on behalf of the abovementioned Director and Council, that your High Mightinesses would be pleased to assign the said Tienhoven time and place for him to make his appearance and to take cognizance of such demand and conclusion as he, Melyn, should present and take against the aforesaid van Tienhoven, in his aforesaid quality. In order to answer the said petition, the aforesaid Tienhoven says, not only that he does not assent to the said presented petition, but also even that a request has been already presented by him to your High Mightinesses to the same effect, which is therefore again hereby voluntarily renewed, that an early precise day may be appointed by your High Mightinesses on which the aforesaid Cornelis Melyn, the Appellant in the aforesaid case, shall Le ordered to institute his action without delay in order that the Respondent may except to, or answer the same, to be

--

326 NEW- YORK COLONIAL MANUSCRIPTS.

further respectively replied and rejoined to, according as the merits of the case shall be found to demand; or in default thereof, that parties shall on the day aforesaid, be mutually at liberty to demand such advantage as, according to custom and rule, the party in attendance usually obtains against the party in default. And that the proceedings herein may be in the ordinary style usually followed in cases in appeal, agreeably to your High Mightinesses' resolution, dated the 2d December 1649.