Written statement made by the Hon. (P) Bolscho and da Costa on the 28th October regarding the two bought gardens of Louis Pieris and what profits could have been derived there from since the sale, so that these amounts could be refunded to Bras de Andrado.
To His Excellency Dr. Cornelis Joan Simons, Councillor Extraordinary of the Indies Governor and Director of the Great Island of Ceylon, the Madura Coast. etc.
Honourable Sir,
In compliance with your honoured command of the 12th July last year, we shall first show with Your Excellency’s permission how Bras d’Andrado has settled his account, under our supervision, with his son-in-law Thomas Pieris ; also what liabilities have been paid by Dessave Schot from the amount realised at the auction by the sale of the properties; and finally how the two principal gardens, bought by Louis Pieris at the said auction, cannot and may not remain sold and that Bras de Andrado will not be brought to an amicable settlement with Louis Pieris in the matter of these gardens.
|
Rix Dollars |
|
| Bras d’Andrado had promised Thomas Pieris, along with his daughter, a dowry of . . . . . . . . . . |
400 |
| Now the garden Kowillewatta was found by Governor L. Pijl to have been granted in the year 1687 to Bras d’Andrado and his descendants (with the proviso that) if heirs failed, then the land should escheat to the Honourable Company; it follows therefore that this was a Company’s garden: But, none the less it had been sold to Thomas Pieris at the aforesaid auction and the proceeds credited to the account of Bras. Now, therefore, the sale of this garden cannot stand. Accordingly Bras is rightly made liable to repay to Thomas Pieris the moneys thus expended, being . . . . . . . . . . . . . . . . . . . . |
80 |
| Further, at the said sale, this Thomas Pieris had bought from Bras a servant girl who will be taken over again by Bras for what she had cost, being . . . . . . . . . . . . . . . . . . |
30 |
| Consequently Bras’ debt to Thomas Pieris amounts to . . . . . . . . . . . . . . . . . |
510 |
| In reduction of this debt the following payments have been made, viz: To jewels given by Bras d’Andrado . . . . . . . . . . . . . . . . . . . Cash given by Bras d’Andrado . . . . . . . . . . . . . . . . . . . . . . |
|
| Paid by Bras de Andrado on account of expenses incurred on behalf of the wife of Thomas Pieris |
100 |
|
Total . . . . . . |
280 |
| Auction money collected by ex-Dessave Schot. . . . . . . . . . . . . |
220 |
|
Total . . . . . . |
500 |
| So that Bras d’Andrado, on receipt of the above-mentioned garden and girl remains under obligation to remit & pay 10 Rix dollars for the liquidation of is debt to Thomas Pieris . . . |
10 |
|
Total . . . . . . |
510 |
| The garden Sima-amawatta had been bought by Bras d’Andrado’s father for cash, and at the above-noticed auction sale, it had been purchased by a certain Joan Simon. Now, although the sale of this garden may stand, yet the buyer is willing to yield it back to Bras for the sum it cost, being |
31 |
| The garden Gaspahawatta, likewise a garden bought for cash as in the case of the above and purchased at the said auction by the widow of a certain Don Michiel the sale hereof may also stand, but if Bras desires to have it back, the purchaser is quite willing to let it revert to him for the money she paid, being.. |
12 |
|
Total . . . . . . |
43 |
It follows that Bras de Andrado can, by the expenditure of 53 Rix dollars, take over the above-noted three gardens and the slave girl.
Bras de Andrado states that the sums paid out by Dessave Schot to the persons enumerated below, out of the moneys realised at the auction (even though this was done without his knowledge) were amounts genuinely due from him ; for which reason he requests that these payments may remain effective, viz ;
The 45 Rix dollars paid to the patangatyn Frans Pieris
The 45 Rix dollars paid to the widow of Louis d’Andrado.
The 12 Rix dollars paid to his two boys.
On the other hand Bras contends that no justification exists for the payment of the Rix dollars 36 which were made over to Louis Pieris by Schot ; inasmuch as, in a bond of Rds 50, he is bound to Louis Pieris in respect of only 16 and this he is quite willing to pay to Pieris when he comes to redeem the aforesaid bond on demand. And since Pieris cannot foreclose just yet he (Pieris) undertakes to refund the aforesaid Rds. 36 provisionally to Bras, especially as he can clearly see now that the money was not received by Bras on obtaining sentence, as prayed1.
1. The original here is involved and obscurely expressed, both Bras & Louis being referred to as ‘he’ without any attempt at clarification. Cp. the sentence “Peter told John that he had injured him.”
