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 ;

Instruction prescribed to him, the Director, by us, for the administration of justice, and upon which he hath taken his oath in addition whereunto, the aforesaid judgment was pronounced ;

on untrue, false, yea self-contradictory data, as he, the appellant, will, at his own timet sufficiently prove. And, inasmuch as he, Mr. van der Cappellen, has been most seriously itijured and endamaged, contrary to the aforesaid Charter and Freedoms of New Netherland,

granted by us to the stockholders of the West India Company, Patroons and Colonists there, of which and of the infringments thereon, arising between the judge and the Patroons, cognizance and adjudication belong exclusively to us, and as we have tffften cognizance of, and* granted writ of appeal in, similar cases, he, tiierefore, trusts, as no person can be denied justice in the United Provinces, that it will be accorded also to him ; he constitutes himself accordingly for himself and the aforesaid Van de Voorde cum suis, appellant from the aforesaid pretended judgment and forcible execution consequent thereupon, respectfully requesting that he may to this end, be granted writ of appeal with inhibitory and prohibitory clause, also relief against the indebit interjection, with issue and prosecution of aforesaid appeal also, order directed to the aforesaid Stuyvesant, Wilet, his agent, and all others who would make themselves a party herein all in due form.