Petition submitted to H. E. Governor Simons by Louis Pieris pleading therein that everything might be left stayed, in the same position as at the beginning of the lawsuit.
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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