Petition :
To the Rt. Hon. & Worshipful Wide Governing Doctor Corneljs Joan Simons, Governor and Director of Ceylon, the Coast of Madura, Inchiado* etc. together with the Hon. the Worshipful Political Council.
Hon.Rt. Worshipful High Commanding Sir,
and
Hon'ble Worshipful Sirs,
Your Honours most humble servant, Louis Pieris free resident of Kalutara, brings to your notice an all submissiveness and humility, how that Class Schodt, former Dessave of the, Colombo district, did on the 15th of January in the year 1700, after previous beat of tom-tom publicly sell some gardens, a female slave and cattle belonging to Bras de Andrado former Chief of the lascorins there ;
that at the aforesaid auction sale the petitioner purchased two gardens the one named Manawalle Parangiawatta for 155 Rds and the other named Kattucurundawatta for 52 Rds, which amounts of the promised purchase money the petitioner tendered and paid, after the lapse of six weeks, to the above noticed Class Schodt ; and thereupon requested that he might be furnished with a proper deed of transfer in respect of the two gardens bought and paid for. In reply he was told that the deed would be issued to him later, all of which facts appear from the annexed copy of a declaration ;
that the above noticed Class Schodt did not sell the aforementioned gardens ex authorirate in his capacity as District Judge but was ordered and directed thereto by the late Gerrit de Heere, Governor, of blessed memory who during his life time, was Councillor Extraordinary of Netherlands, India and Governor and Director of this Administration.
and he was further bidden to receive the purchase moneys and therewith to satisfy the creditors of the said Bras de Andrado who with troublesome urgency were daily importuning with their complaints the late Governor, of blessed memory that, since the case was in the rural district and of no great importance it was frequently dealt with by the dissave ; and the debtors, it was always remarked, were ordered and given stringent directions that they must satisfy their creditors in order especially, to avoid the excessive costs of process and execution
and all this was well known to the above noticed Bras de Andrado who was even present at the sale of his goods and did not venture to offer opposition, nor to lodge any complaint during the lifetime of the late Governor, of blessed memory, (who not only knew all the facts but had actually ordered this action to be taken) ;
shortly after the death of His Excellency the Governor of blessed memory the said Bras de Andrado took legal proceedings against the petitioner and filed action on the plea of spoilation against the petitioner and the case has now progressed so far that on.the 3rd day of this month of August the petitioner was ordered by the Hon'ble Court of Justice here to withdraw his hand from the above mentioned gardens which he had openly bought and paid for and to surrender them to Bras de Andrado with all the proceeds and profits therefrom as from the beginning of his possession.
And the petitioner finding himself most grievously aggrieved or dissatisfied by this judgement has accordingly resolved, with great respect to the said Hon. Court of Justice and saving their reverence, to appeal to the Hon. the Councillors of Justice for Netherlands India residing at Batavia ;
And the petitioner is in fear that, in the meantime, the decree of the Court for the surrender of the 2 gardens bought and paid for by him might be carried into execution and he is therefore constrained to address you, Rt. Worshipful Sir and Sirs and most humbly to pray and supplicate that it may be your good will and pleasure to grant justice by way of a penal injunction, during such time as this case is Pending undecided in appeal before the said Councillors of Justice of Netherlands India at Batavia or until such time as this action becomes a case of eviction and warrenty ; to which end the petitioner intends to summon to Court the above noticed Class Schodt as soon as he has returtied from Batavia ;
So that everything in the meantime may remain stayed and halted just as it is at present and as it was at the beginning of process; and the petitioner prays in this matter to be granted a favourable dispensation by your Rt.Worshipful Honours.
And in doing this etc.
Luis PIRES
* The ancient southern limits of Madura which the Portuguese called "Costa de enseada" or "Coast of the Bay."
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Declaration :
Before me, Daniel Tiste, Secretary of the Hon. Court of Justice
of this Castle, there appeared on this 14th day of December, 1702, in the
presence of the witnesses to be named below, Domingo Lethi Interpreter and Don
Mighiel, Clerk, who had both held appointments under the former dessave the Hon.
Class Schodt and were still serving under the present dessave the Hon. Gerrit
van Toll;
and they, at the request of Louis Pieris, free resident of Kalutara, testified and declared that on the 15th of January 1700 when the Hon. Mr. Class Schodt was dessave certain different gardens, then in the possession of Bras d'Andrado were after previous beat of tom tom, put up for auction by the said Hon. Mr. Schodt in his own person, by order (so he said) of His Excellency the Governor ; and offers were made for these gardens ; and that the petitioner purchased two of the said gardens at this same auction, to wit, one named Manawalla Parangiawatta for 155 Rds and yet another named Kattukurundawatta for 52 Rds all for the liquidation of the said Andrado's private debts.
Moreover the first deponent, together with Louis de Silva and Domingo Dias Mohotti Appuhamy (who also appeared) testifies that further they are well aware and that it is fully known to them that the petitioner after the lapse of six weeks, delivered here at Hulftsdorp the abovementioned purchase moneys into the hands of the said Hon. Mr. Schodt and that he, Schodt, on behalf of the said Bras d'Andrado, remitted the moneys to the Pattangatyn Francisco Pieris and his son Thome Pieris (who had contracted a marriage with a daughter of Bras d'Andrado) and the widow of Louis de Andrado (sister-in-law of Bras d'Andrado) but that they do not know how much was given to each.
Continuing, the deponents stated that when the petitioner delivered the purchase moneys into the hands of the Hon. Mr. Schodt, they had heard that the petitioner had asked for a Deed of Transfer in respect of the two purchased gardens and that the said Mr. Schodt declared that he the petitioner could always get it afterwards.
Herewith the deponents conclude their statement which they testify to contain the sincere truth and they remain, in this connection, ready at all times to confirm it further at need and if requested.
Thus done and attested in the Castle of Colombo on the day, month and year written above, in the presence of Martinus Leermans Assistant and Gerrit Franchimont Clerk, who, as witnesses, have signed the draft hereof along with the deponents and myself Secretary,
Below stood " which is attested"
Signed : DANIEL TISTE
Secretary.
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Extract from the Civil Judgment :
Extract from the Civil Judgment Roll maintained for the Hon'ble the Court of Justice of the Castle of Colombo where, among other entries, the following stands recorded in verbis viz :
Friday the 3rd August 1703
Present :
The Hon'ble Mr. Joan Christiaanz Toorzee, President.
The Hon'ble Mr. Pieter Macare
The Hon'ble Mr. Gerrit Hoflant
The Hon'ble Mr. Aernout Valk
The Hon'ble Mr. Gabriel Heyman
The Hon'ble Mr. Joannes Strick
The Hon'ble Mr. Pieter Roos
The Hon'ble Mr. Engelbert van Rhee, and
The Hon'ble Mr. Gerard Bessels
MEMBERS
Also,
Daniel Tiste,
Secretary.
Petitioner Bras d'Andrado formerly Chief of the Lascorins at
Kalutara
Contra
Respondent Louis Pieris free resident of that town
Judgement delivered
The Court, after consideration of the case, restores to the petitioner the possession of the gardens and other properties of which he was unlawfully dispossessed and directs the respondent to withdraw and restrain his hands therefrom while at the same time permitting the petitioner to take possession of them at his pleasure without offering him any hindrance therein;
and moreover directs the respondent to restore to the petitioner all the proceeds and profits which he has enjoyed during the period of his illegal occupation with costs, reserving however the respondent's action of warranty in respect of such persons as he shall decide.
True Copy
In the Castle of Colombo
on the 20th of August
1703
Daniel Tiste, Secretary.
