And though the fiscal had, at the suggestion of the Director, instituted his action at first

against the aforesaid Melyn, he was cast at that time, but yet, in order to attain his object, he subsequently sued the skipper and by collusion and want of defence, obtained the required and previously fabricated confiscation on the same forced and contradictory evidence which he had produced against Melyn, although by the said pretended judgment, the skipper was declared

;

HOLLAND DOCUMENTS: VII. 529 entirely innocent, and to have been overruled, and was allowed his recourse against Melyn, against whom he, the Director, caused execution to issue also on account of his default (reelictj, and his houses and lots at the Manhatans to be sold, and, by an unheard of stratagem, hath made himself master of, and appropriated, not only the aforesaid ship and goods, but also the proceeds of the aforesaid houses and lots -- the ship having been, pursuant to the aforesaid pretended sentence, sold to one Thomas Wilet, a merchant residing at Plymouth, in New England and on her arrival here, was seized by the appellant, who in the prosecution of that seizure is obstructed by the aforesaid judgment. Tlie fact being, that he, Mr. van der Cappellen, not in the capacity of a merchant, but as Patroon, in Staten Island, had sent the said ship thither, as stated, with only his farmers and what was necessary for their support, and nothing more ; moreover, was not guilty, nor accused, of any fraud, and consequently flagrant force and violence were committed against him in the witiiholding and seizing his ship and goods aforesaid; the said pretended judgment, being, also, null and unjust in itself, both in regard of the Council mentioned therein, whereof one is a Frenchman and the other an Englishman, with exclusion of the Vice-Director Dincklagen, and of the Select men, three only of whom were present instead of nine, who ought to have assisted all contrary to the Commission and ;