ORDERS AND ARTICLES GRANTED BY THE HIGH AND MIGHTY LORDS THE STATE'S GENERAL OF THE UNITED PROVINCES, Concerning the erecting of a West Indi● Company: Together with the Privileges and rights given unto the same. PRINTED ANNO DOM. M.DC.XXI. THe State's General of the united Provinces, unto all those that shall see these, greeting. We make known, that we considering the good of these Lands, and the welfare of the inhabitants of them, to consist principally in the navigation and traffic which in all times out of these Countries with good success and blessings in all kingdoms and countries have continued. And desiring that the said inhabitants not only maintain and keep their former navigations and traficks, but likewise as much as is possible increase the same, and principally according to the treaties, alliances, contracts and intercourses concerning the traffic and navigation with other Princes, Commonwealths and Nations in former times made, which we understand in all points to be kept and observed. And we perceiving that without a common help, assistance and means of a general Company, nothing can be undertaken in the places hereafter specified for to get profit and to maintain and defend the same, in regard of piracies, extorsions and other like matters happening such long navigations. We have in regard of these and other weighty reasons and considerations moving us unto the same as likewise ripe deliberations of our Counsels, and other pregnant and weighty occasions moving us in like manner found good, that the navigation, traffic and commerce in the quarters of the West Indies and Africa, and other places named hereafter in times following, no more shall be exercised and used then by common and united power of Merchants and inhabitants of these Countries, and that to the same purpose shall be erected a general Company, which we in regard of our singular affection and love to the common good, and to preserve the inhabitants of the same in traffic and welfare, shall maintain and strengthen with help, favour and assistance, for as much as the present state and condition of these countries in any manner of ways can permit, providing for the same a fit grant, with privileges and liberties, here following: viz. That within the term of four and twenty years, none of the natives or inhabitants of these Countries, otherwise then only by the authority of the united Company of these united Provinces, or from any other country shall navigate or traffic upon the coasts and lands of Africa, from Topica, Cancri, until Cabo de bonna Esperanca, neither upon the countries of America or West India, beginning from the South end of Terra nova, through the strait of Magellanus le Maire or other straits or passages thereabout, until the strait of Anian, as well upon the North as South sea, neither upon any Lands either at the one or other side, or betwixt them both situated; likewise neither upon the Austriall or Southlands lying betwixt both Meridian's, touching at the East side Cabo de bonna Esperanca, and at the West side, the East side of Nova Guinea, inclusive. And if any man without leave of the said Company shall sail or traffic into any of these aforesaid limits granted unto this Company, the ships and goods shall be forfeited, having traffiked in any of the aforesaid parts, which immediately every way shall be taken and seized upon by the Company, and kept for the use and benefit of the same. And in case such ships or goods shall be sold, or landed in other countries or ports, shall the Merchant ventures and participants be answerable for the value of the ships and goods, and be convicted for the same, with this caution, that those that before this grant of these or other countries are sailed unto any of these coasts, may sell their goods and return back again in these lands; or otherwise until their grant is expired (if they have gotten any before this time) continue, and not longer, observing that no body now at the beginning shall send any ships or goods into the parts in this Patent comprehended, notwithstanding at the same time perhaps the Company be not fully concluded, providing for the same as is fit, and against them that wilfully against our good intention shall seek to wrong the general good. We understand nevertheless that it shall be free for every one to fetch salt from Ponte del Re, but upon conditions and instructions by us allowed or to be allowed, without otherwise in any manner to be tied unto this grant. 2 That moreover the said Company in our name and by our authority shall have power, within the limits here before set down, to make contracts and alliances with the Princes and natives of the countries herein comprehended, as likewise to build forts and strong holds, to choose governors, and men for wars, Officers of justice, and all other necessary uses for the conservation of good orders, policy and justice, as for the advancement of trading and traffiking shall be required; as likewise to depose and put down, and to substitute other in their places, as they shall find convenient. Furthermore they shall search plentiful and not uninhabited places to plant the same, and do every thing that will be good for the service and profit of the Country, and which the increase of traffic will require. And these of the Company shall from time to time communicate to us, and deliver such contracts and alliances as they shall make with the said Princes and nations, besides the situations of the forts, places of defence, and plantations by them taken in hand. 3 Observing that the Company having chosen a Governor, and conceived instructions for him, he shall be approved by us, and receive his commission. And the said Governor general shall as well as other Vice or Substitute governors, Commanders and Officers, be sworn both unto Us and the Company. 4 And in case the said Company in any of the places above mentioned happen by feigned friendship to be deceived or ill used, or that any sums of money or merchandizes trusted abroad without restitution or payment for the same be detained, that they shall see to repair the damage, according to the cause, and as for their ability shall be most requisite. 5 And because for the plantation, safety and defence of this traffic, some men of war of necessity must be levied, we will provide for the said Company such Commanders, soldiers and engineers as shall be requisite, though upon condition they shall be paid by the said Company. 6 Which besides the oath made unto us and his Excellency, shall likewise be sworn to follow the directions and commandments of the Company. 7 That the Provosts of the Company shall have power and authority in these countries to take and apprehend such soldiers and men of war as shall be entered into the service of this Company, and bring them to shipboard, in whatsoever cities, towns or jurisdictions they shall be found: upon condition the said Provosts shall aforehand give notice of it unto the Officers and Magistrates of the place. 8 That we shall not take any ships, ordinance or munition from this Company for the use of these Countries, without the consent of the said Company. 9 Moreover we have granted and yielded unto the said Company, and grant and yield by these presents, that all their ships and goods shall pass freely, without paying any custom or toll due in these united Provinces: notwithstanding any foreigners may be partakers in the said Company, which in that regard shall enjoy like privileges with the free inhabitants of these countries. 10 That this Company for the first eight years shall pay nothing for convoy for their goods either coming in, or to be sent into the West Indies and Africa, and other countries in the same limitation comprehended: and is reserved and concluded, that in case at the end of the first eight years the state and condition of these countries cannot admit the said privilege of eight years to be continued for certain years more, that the goods to be sent from these parts, as likewise the wares of these aforesaid countries being to be transported in the convoys and licenses, shall not be higher taxed or charged than they are now, except we are in wars again, in which case all the aforesaid goods and wares shall not be taxed higher than they were immediately before the truce made. 11 And because this Company may be well governed and to the most profit and contentment of all the partakers, we have ordered that the government of the same shall consist in five Courts of Committees or Commissioners, as namely one at Amsterdam, which shall have the administration of four ninth parts; one in Zealand, for two ninth parts; one about the Maes, for one ninth part; one in North Holland for one ninth part; and the fift in Vriesland, the city and Land likewise for a ninth part, upon conditions set down in the Register of our resolutions, as appears by the Act concerning the same by us delivered. And the Provinces destitute of Courts, shall be furnished with so many Commissioners, as they shall bring a hundred thousand gilders unto this Company, and they shall be dispersed amongst the other Courts. 12 The Court of Amsterdam shall consist of twenty Commissioners; the Court of Zealand of twelve; the Courts about the Ma●s and North Holland, every one of fourteen; and the Court of Vriesland, city and land, likewise of fourteen, unless hereafter it appear the said not to be enough, in which case we will at our liking and advice of the nineteen increase the number of the same. 13 And by these is granted authority unto the States of the aforesaid Provinces, either before their ordinary Deputies, or the Magistrate of the cities in their Provinces, to take such an order for the registering and subscribing of the partakers and Commissioners, as they shall find agreeable unto the customs and laws of their Provinces; provided always that none shall be chosen to be a Commissioner in the Court at Amsterdam, unless he put six thousand gilders stock of his own in the said Company; but in the Court of Zealand, as likewise in the Courts about the Maes, the Court in North Holland and Vriesland, they shall not be chosen Commissioners, if they bring not unto the Company four thousand gilders a piece. 14 That the Commissioners shall attend the space of six years, and at the end of the same, one third part shall be removed by bills to be drawn; and two years after, a like third part to be removed; and likewise two years after, with the last third part to be done; and so from time to time to discharge the elder in office. And in place of the dismissed or deceased, or for any reasons put by, shall be nominated three persons by the Commissioners, as well that are in place, as that are removed, as likewise by the chief participants and undertakers, that in person and at their charges will come at the Court. And out of these three, the aforesaid Provinces, their Deputies or Magistrates shall choose new Commissioners, and continually supply the places vacant: and shall be accounted chief participants all these that as much stock of their own bring in, as the aforesaid Commissioners. 15 The accounts of the rigging and setting forth of the ships and other things concerning the same, shall be made within the space of three months after the departure of the same; and within a month after shall be sent copies of the same unto us and the several Courts. And concerning the returns, and the sale of the same, the Courts (whensoever we shall find it convenient, or any of the Courts desire it) shall be bound to give us and one another notice of all their state. 16 Every six years shall the reckonings be given up of all voyages and returns, profits and damages of the Company: viz. one of the traffic, and another of the wars, separately; which reckonings shall be done publicly, and after bills affixed, that every one being interessed, may come at the making up of these accounts. And in case before the end of the seventh year the same be not done, the Commissioners shall lose their provisions, and shall be converted to the use of the poor, and they nevertheless be bound to make their reckonings as before, within such a time, and upon such penalties as shall be decreed by us against such delinquents and infringers. And this notwithstanding there shall be made distributions as many times as shall be proved and certified ten in the hundred to be gotten by traffic. 17 No man shall during the time of this grant, have power to draw his capital or stock from the Company; and likewise no new partakers in the mean time shall be accepted: but in case at the expiring of the four and twenty years, it shall be thought convenient to continue the said Company, or to erect a new one, shall be made a final reckoning and estimation or prize by the nineteen, with our knowledge of every thing concerning this Company, as likewise of the necessary charges the Company hath been at: and then every one may choose whether he will draw his money out or in the ensuing Company keep wholly or in part. And in such case the Company shall be bound to take the remaining things at her charge, and content the rest of the partakers that shall be willing to separate themselves from the Company, every one according to his proportion; and that at such days of payment as the nineteen with our advice shall find convenient. 18 That whensoever a general meeting of the aforesaid Courts shall be appointed, there shall meet nineteen persons, eight from the Court of Amsterdam, four from Zealand, two from the Maes, two from the Northern parts of Holland, two from Vriesland, and also the city and land, provided that the nineteen persons or as many more as we shall think fit by us shall be appointed and chosen, for to give their best directions for the dispatching of the affairs of this Company. 19 By which general assembly of the said Courts, all matters concerning this Company shall be propounded and concluded, with caution that in regard of matters of war our resolution shall be required. 20 At the said general meetings shall be resolved when any ships, and how many, and towards what coasts shall be sent or the general good of the Company, having no Court power to do any thing without a general resolution of the rest. And in case any of these Courts might happen to be careless and negligent in the accomplishing of these resolutions, we have given and give by these same the said general meetings, authority and power to cause offenders and delinquents to make reparation for their faults, and requested shall lend thereunto our helping hand. 21 The said general meeting shall be kept the first six years at Amsterdam, the next two ensuing years in Zealand, and so from time to time in the two aforesaid places. 22 The Commissioners by the Company sent to the said meetings or elsewhere, shall have for their diet and wages four gilders every day, besides the money for the boat, ship or wagons: provided that these that shall travel from the one to the other city, to frequent and visit the Courts as Commissioners and Assistants, shall receive neither the one nor the other from the Company. 23 And if happened in the said general meetings any matters of great weight & moment to occur, which concerning the Courts could not agree, and did find difficulty if they should overrule one another, we have taken upon us the deciding of the same, and what we shall find good shall be followed. 24 Within the space of a month hence shall be given notice by bills affixed, to all inhabitants both of these and other countries, that at the expiration of the five next following months, beginning from the first of june, may be admitted & received, and pay their capital sums in three payments, viz. a third part at the end of the five months aforesaid, and the other two third parts within the three next ensuing years, unless afterwards it be found more convenient to take longer time, of which the partakers shall be advertised by bills affixed. 25 The Ships returning from their journeys are to land at the same places they departed: and if it do happen that any ships by reason of wind & wether land in other parts, as those of Amsterdam or the North parts in Zealand, or in the Maes, or those of Zealand in Holland, or those of Vriesland with their associates in any other parts, that nevertheless every Court shall have the oversight & administration of his ships and goods, and shall have power to send the ships and goods to the places where their own Courts are kept, or hire other ships or vessels to convey the goods to the places aforesaid, with this clause and caution, that the Commissioners shall present themselves at the places where the ships & goods shall be arrived, without using any factors or deputies in their name. And in case it be not convenient for them to travel unto those places, they shall leave the charge & administration unto the Commissioners of the Court next to the landing of ship and goods. 26 If any of the Courts aforesaid receiveth any wares, of which any of the other is unprovided, the said shall be bound to provide the other according to her ability, and the same being sold, send more. That likewise the Commissioners of the Court before mentioned, standing in need of any persons for rigging of their ships or otherwise, shall show the same unto any other Court or Courts, without using any factors or agents to the same purpose. 27 In case any Provinces shall appoint an Agent for to receive the moneys from the Participants in their precinct, and to put the same in their Court, and to procure payment of the distributions, he shall be admitted in the said Court, for to be informed and instructed of the out dealings, distributions and incoming, provided he bring into the Company filthy thousand gilders stock or above. 28 The Commissioners shall have one in the hundred of all goods going out or coming in, as likewise of all prizes or taken goods; but of silver and gold but a half in the hundred: of which provision the Court of Amsterdam shall receive four ninth parts, the Court in Zealand two ninth parts, the Court about the Maes a ninth part, the Court of Vriesland joined with the city and land a ninth part, the Court of North Holland likewife a ninth part, 29 Provided always that they shall receive but once provision for the ordnance and ships, but none at all of the ships, ordnance and other things wherewith we shall assist the said Company; neither of the moneys they shall take up for the use of the Company, neither for the goods they shall sell, neither shall they bring in any accounts for the attendance and charges of diet and travel of those they may appoint or send for the setting forth of the ships, or buying of the goods thereunto required. 30 The keepers of the accounts and of the cashes likewise, shall have their wages paid out of the provision of the Commissioners. 31 The Commissiones shall not sell or deliver any ships or goods or wares unto the Company either wholly or partly belonging unto them; neither shall they buy or procure to be bought for them any merchandizes or goods from the Company, directly or indirectly for themselves, nor hold in any part of the bargain. In case they fail therein, they shall forfeit their provision of one year (which shall be given unto the poor) and themselves discharged of their places. 32 The Commissioners shall be bound to give notice by bills affixed, of the merchandizes and goods they newly have received, because every one may know it before they are sold. 33 And if any of the Commissioners happens to decay in his estate, that he be not able to make good and give satisfaction for matters trusted unto him in regard of his administration, which might cause damage, their stock in the Company shall be answerable for the same, being as a pledge and security for their true administration. And likewise if any of the participants for goods bought or otherwise, be indebted unto the Company, and decays in his estate, that he be not able to pay his debts, his stock in the Company shall be answerable for the same. 34 The Commissioners of the aforesaid Courts shall answer for their keepers of cash and accounts. 35 That all the wares of this Company to be sold by weight, shall be sold and delivered by the weight of Amsterdam only; and leave shall be given to weigh the same in the ships or store houses, without paying any taxes, impost or weigh money, upon condition nevertheless that the same being sold, shall be delivered at the weigh-house, and pay impost and weigh-mony as many times as they shall be sold, as all other goods of like nature are used to be. 36 That the Commissioners or their goods shall not be arrested or troubled for to have reckoning of the administration of the Company, neither for the wages due unto any having been employed by the Company; but pretending any such matter, they shall be bound to call them before the ordinary judges. 37 Any ships coming home, the Generals or Commanders of the fleet, ship or ships, shall be bound to come unto us within ten days after their arrival, and make report unto us of the success of their voyage, as well by writing as by word of mouth, as we shall find convenient. 38 And if it happens (which is not to be thought) that any should cross the navigation, traffic or trading of the Company, against the universal laws, contracts, agreements and intercourses, it shall be lawful for the Company to defend herself, and take their course according to the instructions given by us. 39 Furthermore we have promised and promise by these, that we will maintain and defend the Company in her free navigation and traffic, and assist the same to the said purpose, with the sum of ten hundred thousand gilders to be paid within the space of five years, and the first two hundred thousand gilders shall be furnished as soon as the participants have brought in their first payment of their stock promised: provided always that for the first ten hundred thousand gilders we shall receive profit and damage as the other participants shall do. 40 And in case it do happen the Company shall be strongly assaulted and invaded in any of the aforesaid parts, we shall assist her (these countries in any manner of ways being able to do it) with sixteen ships of war, the least being three hundred ton, besides four pinnaces, the least shall be four score ton, being of every thing necessary well furnished of ordnance both of brass and iron, and fit quantity of munition, double hangings, sails, ropes, anchors, and other necessaries, as shall be fit for any great voyage; provided that the said afterwards shall be manned, victualled and kept at the charge of the Company, upon condition the said Company shall set forth likewise sixteen ships and four pinnaces furnished as ours, for to defend the Company from her enemies, as likewise to assault them. And our said ships of war shall join with the ships of the Company, and shall go forth under one Admiral, to be chosen by us with advice of the foresaid Courts or general meetings, and shall follow our directions and commandments, agreeable to the resolutions of the Company, to make wars against their enemies. But the ships of the Company being loaden, shall not hazard themselves without great necessity. 41 And if it shall happen that the charges of the wars in our countries here do grow less, and increase in the parts aforesaid, we have promised and promise by these presents to give as much aid and assistance unto the Company as these countries shall be able to permit, and the state or condition of the Company shall require. 42 Moreover we have ordered, that if it happen in time of wars any prizes to be taken within the said limits of the Company, as well from their enemies as pirates, or by any ading and assisting this Company, as likewise the goods that shall be seized upon by virtue of our Proclamations, all necessary charges, and the damages of the Company suffered by the taking of prizes, besides the right of his Excellency in quality of Admiral, according to our resolution made the first of April, Anno 1602, and the tenth part belonging to the Officers, mariners and soldiers that have made the prizes, being deducted, they shall remain at the disposition of the Company, which shall be bound to keep reckonings asunder of the same. And the profit or benefit of the said prizes, shall be employed or bestowed to the setting forth of ships, and paying of the men of war, as likewise to the making of fortifications, the putting in garrisons, and other like matters of war and defence both by water and land, without making any distributions, unless it did appear the said profit and benefit to be so great, that without weakening the defence of the Company, and all charges of the wars being deducted, a good portion might be divided, separated from the commerce. And the distribution shall be made in this manner: a tenth part shall be given for the general good of these countries, and the rest shall be divided amongst the Participants of the Company pro rato and according to their stock. 43 Provided always that the goods and prizes by virtue of our Proclamations seized upon and brought in, shall be censured by the judges of the Admiralty where they are landed, and judged whether they be lawful prizes or not: And during the suit the administration of the said goods, after a due Inventory made, shall remain unto the Company, reserving the residue for those that by the sentence of the Admiralty might find themselves aggrieved. And the Vendumaister or outcrier, and the other officers of the Admiralty, shall not pretend any thing of the prizes benefited or sold by the Company, they having had nothing to do with the same. 44 The Commissioners of this Company shall be bound by oath, to be true and faithful in their administration, to keep good reckonings of their dealings, to procure the most benefit of the Company, and to avoid all h●●● and damage as much as shall be in their power; that they shall not favour any of the greatest Participants more than the least, either in the bringing in of their stocks, or the making of the distributions: that of those that shall owe money to the Company, they shall not favour the one more than the other: that they as long as they shall be Commissioners, shall keep such stock in the Company as is prefixed by this grant; as likewise that they shall keep and observe every point and article here above mentioned, and procure to be held and kept according to their ability. 45 All which privileges, liberties and exemptions, besides the assistance afore mentioned in every point and article here above, we have granted unto the said Company after good advice, and do grant by these, promise and give by these promising to procure that they shall enjoy the same without any disquietness or hindrance. We order likewise that the said shall be kept by all Magistrates. Officers and subjects of these united Provinces, without doing any thing contrary unto the same, either directly or indirectly, within or without these united Provinces, upon pains to be punished both in body and goods, as enemies of the common good and infringers of our orders. Promising beside to maintain the Company in all points aforesaid, by all treaties of peace, alliances, intercourses, with the neighbour Princes, kingdoms and countries, not suffering any thing to be done contrary to the same. Wherefore we charge and command directly all Governors. justices, Officers, Magistrates and inhabitants of these united Provinces, that they permit and suffer the said Company and Commissioners to enjoy peaceably and without any disturbance the effect of this grant, consent and privilege, ceasing by this all other matters ordered to the contrary. And because none might pretend ignorance of these, we have commanded that the principal points of this Grant shall be made known either by publication or affixing of bills, where it shall be required, judging the same to be for the good of this Country. FINIS.