Orders and articles granted by the high and mightie Lords of the States General of the Vnited Prouinces, concerning the erecting of a VVest India Companie together with the priuiledges and rights giuen vnto the same.

THe States Generall of the vnited Prouinces, vnto all those that shall see these, greeting. We make knowne, that we considering the good of these Lands, and the welfare of the inhabitants of them, to consist principally in the nauigation and traffike which in all times out of these Countries with good successe and blessings in all kingdomes and countries haue continued. And desiring that the said inhabitants not onely main∣taine and keepe their former nauigations and traffikes, but likewise as much as is possible increase the same, and prin∣cipally according to the treaties, alliances, contracts and en∣tercourses concerning the traffike and nauigation with o∣ther Princes, Commonwealths and Nations in former times made, which we vnderstand in all points to be kept and obserued. And we perceiuing that without a common helpe, assistance and meanes of a generall Companie, no∣thing can be vndertaken in the places hereafter specified for to get profit and to maintaine and defend the same, in regard of piracies, extorsions and other like matters happe∣ning such long nauigations. We haue in regard of these and other weightie reasons and considerations mouing vs vnto the same as likewise ripe deliberations of our Counsels, and other pregnant and weightie occasions mouing vs in like maner found good, that the nauigation, traffike and com∣merce in the quarters of the West Indies and Africa, and other places named hereafter in times following, no more shall be exercised and vsed then by common and vnited power of Merchants and inhabitants of these Countries, and that to the same purpose shall be erected a generall Companie, which we in regard of our singular affection and loue to the common good, and to preserue the inhabi∣tants of the same in traffike and welfare, shall maintaine and strengthen with help, fauour and assistance, for as much

as the present state and condition of these countries in any maner of wayes can permit, prouiding for the same a fit grant, with priuiledges and liberties, here following: viz. That within the terme of foure and twentie yeares, none of the natiues or inhabitants of these Countries, otherwise then onely by the authoritie of the vnited Companie of these vnited Prouinces, or from any other country shall nauigate or traffike vpon the coasts and lands of Africa, from Topica, Cancri, vntill Cabo de bonna Esperanca, nei∣ther vpon the countries of America or West India, begin∣ning from the South end of Terra noua, through the straight of Magellanus le Maire or other straights or passages thereabout, vntill the straight of Anian, as well vpon the North as South sea, neither vpon any Ilands either at the one or other side, or betwixt them both situated; likewise neither vpon the Austriall or Southlands lying betwixt both Meridians, touching at the East side Cabo de bonna Esperanca, and at the West side, the East side of Noua Gui∣nea, inclusiue. And if any man without leaue of the said Companie shall saile or traffike into any of these aforesaid limits granted vnto this Companie, the ships and goods shall be forfeited, hauing traffiked in any of the aforesaid parts, which immediatly euery way shall be taken and sei∣sed vpon by the Companie, and kept for the vse and bene∣fit of the same. And in case such ships or goods shall be sold, or landed in other countries or ports, shall the Mer∣chant venturers and participants be answerable for the va∣lue of the ships and goods, and be conuicted for the same, with this caution, that those that before this graunt of these or other countries are sailed vnto any of these coasts, may sell their goods and returne backe againe in these lands; or otherwise vntill their grant is expired (if they haue gotten any before this time) continue, and not longer, obseruing that no body now at the beginning shall send any ships or goods into the parts in this Patent comprehended, not∣withstanding at the same time perhaps the Companie be not fully concluded, prouiding for the same as is fit, and

against them that wilfully against our good intention shall seeke to wrong the generall good. We vnderstand neuer∣thelesse that it shall be free for euery one to fetch salt from Ponte del Re, but vpon conditions and instructions by vs allowed or to be allowed, without otherwise in any maner to be tied vnto this grant.

2

That moreouer the said Companie in our name and by our authoritie shall haue power, within the limits here be∣fore set downe, to make contracts and alliances with the Princes and natiues of the countries herein comprehen∣ded, as likewise to build forts and strong holds, to chuse gouernours, and men for warres, Officers of iustice, and all other necessary vses for the conseruation of good or∣ders, policie and iustice, as for the aduancement of trading and traffiking shall be required; as likewise to depose and put downe, and to substitute other in their places, as they shall finde conuenient. Furthermore they shall search plen∣tifull and not vninhabited places to plant the same, and do euery thing that will be good for the seruice and profit of the Countrie, and which the increase of traffike will re∣quire. And these of the Companie shall from time to time communicate to vs, and deliuer such contracts and allian∣ces 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

Obseruing that the Companie hauing chosen a Gouer∣nour, and conceiued instructions for him, he shall be ap∣proued by vs, and receiue his commission. And the said Gouernour generall shall as well as other Vice or Substi∣tute gouernors, Commanders and Officers, be sworne both vnto Vs and the Companie.

4

And in case the said Companie in any of the places a∣boue mentioned happen by fained friendship to be decei∣ued or ill vsed, or that any summes of mony or merchan∣dizes

trusted abroad without restitution or paiment for the same be detained, that they shall see to repaire the damage, according to the cause, and as for their abilitie shall be most requisite.

5

And because for the plantation, safetie and defence of this traffike, some men of warre of necessitie must be leuied, we will prouide for the said Companie such Commanders, souldiers and enginers as shall be requisite, though vpon condition they shall be paid by the said Companie.

6

Which besides the oath made vnto vs and his Excellen∣cie, shall likewise be sworne to follow the directions and commandements of the Companie.

7

That the Prouosts of the Companie shall haue power and authoritie in these countries to take and apprehend such souldiers and men of warre as shall be entred into the seruice of this Companie, and bring them to shipboard, in whatsoeuer cities, townes or iurisdictions they shall be found: vpon condition the said Prouosts shall aforehand giue notice of it vnto the Officers and Magistrates of the place.

8

That we shall not take any ships, ordinance or munition from this Companie for the vse of these Countries, with∣out the consent of the said Companie.

9

Moreouer we haue granted and yeelded vnto the said Compan e, and grant and yeeld by these presents, that all their ships and goods shall passe freely, without paying any custome or tole due in these vnited Prouinces: notwith∣standing any forreiners may be partakers in the said Com∣panie, which in that regard shall enioy like priuiledges with the free inhabitants of these countries.

10

That this Companie for the first eight yeares shall pay

nothing for conuoy for their goods either comming in, or to be sent into the West Indies and Africa, and other coun∣tries in the same limitation comprehended: and is reserued and concluded, that in case at the end of the first eight yeares the state and condition of these countries cannot admit the said priuiledge of eight yeares to be continued for certaine yeares more, that the goods to be sent from these parts, as likewise the wares of these aforesaid coun∣tries being to be transported in the conuoyes and licenses, shall not be higher taxt or charged then they are now, ex∣cept we are in warres againe, in which case all the aforesaid goods and wares shall not be taxed higher then they were immediatly before the truce made.

11

And because this Companie may be well gouerned and to the most profit and contentment of all the partakers, we haue ordered that the gouernment of the same shall consist in fiue Courts of Committees or Commissioners, as name∣ly one at Amsterdam, which shall haue the administration of foure ninth parts; one in Zealand, for two ninth parts; one about the Maes, for one ninth part; one in North Hol∣land for one ninth part; and the fift in Vriesland, the citie and Land likewise for a ninth part, vpon conditions set downe in the Register of our resolutions, as appeares by the Act concerning the same by vs deliuered. And the Prouin∣ces destitute of Courts, shall be furnished with so many Commissioners, as they shall bring a hundred thousand gilders vnto this Companie, and they shall be dispersed a∣mongst the other Courts.

12

The Court of Amsterdam shall consist of twentie Com∣missioners; the Court of Zealand of twelue; the Courts a∣bout the Ma••s and North Holland, euery one of fourteene; and the Court of Vriesland, citie and land, likewise of four∣teene, vnlesse hereafter it appeare the said not to be e∣nough, in which case we will at our liking and aduice of the nineteene increase the number of the same.

13

And by these is granted authoritie vnto the States of the aforesaid Prouinces, either before their ordinarie Depu∣ties, or the Magistrate of the cities in their Prouinces, to take such an order for the registring and subscribing of the partakers and Commissioners, as they shall finde agreeable vnto the customes and lawes of their Prouinces; prouided alwayes that none shall be chosen to be a Commissioner in the Court at Amsterdam, vnlesse he put six thousand gil∣ders stocke of his owne in the said Companie; 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 vnto the Com∣panie foure thousand gilders a peece.

14

That the Commissioners shall attend the space of sixe yeares, and at the end of the same, one third part shall be remoued by bils to be drawne; and two yeares after, a like third part to be remoued; and likewise two yeares 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 dismist 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 remoued, as likewise by the chiefe parti∣cipants and vndertakers, that in person and at their char∣ges will come at the Court. And out of these three, the a∣foresaid Prouinces, their Deputies or Magistrates shal chuse new Commissioners, and continually supply the places va∣cant: and shall be accounted chiefe participants all these that as much stocke of their owne bring in, as the aforesaid Commissioners.

15

The accounts of the rigging and setting foorth of the ships and other things concerning the same, shall be made within the space of three moneths after the departure of the same; and within a moneth after shall be sent copies of the same vnto vs and the seuerall Courts. And concerning

the returnes, and the sale of the same, the Courts (whenso∣euer we shall finde it conuenient, or any of the Courts de∣sire it) shall be bound to giue vs and one another notice of all their state.

16

Euery six yeares shall the reckonings be giuen vp of all voyages and returnes, profits and dammages of the Com∣panie: viz. one of the traffike, and another of the warres, seperatly; which reckonings shall be done publikly, and after bils affixed, that euery one being interessed, may come at the making vp of these accounts. And in case before the end of the seuenth yeare the same be not done, the Com∣missioners shall lose their prouisions, and shall be conuer∣ted to the vse of the poore, and they neuerthelesse be bound to make their reckonings as before, within such a time, and vpon such penalties as shall be decreed by vs against such delinquents and infringers. And this notwithstanding there shall be made distributions as many times as shall be proued and certified ten in the hundred to be gotten by traffike.

17

No man shall during the time of this grant, haue power to draw his cappitall or stocke from the Companie; and likewise no new partakers in the meane time shall be ac∣cepted: but in case at the expiring of the foure and twentie yeares, it shall be thought conuenient to continue the said Companie, or to erect a new one, shall be made a finall rec∣koning and estimation or prise by the nineteene, with our knowledge of euery thing concerning this Companie, as likewise of the necessary charges the Companie hath bin at: and then euery one may chuse whether he will draw his mony out or in the ensuing Companie keepe wholy or in part. And in such case the Companie shall be bound to take the remaining things at her charge, and content the rest of the partakers that shall be willing to seperate them∣selues from the Companie, euery one according to his pro∣portion; and that at such dayes of paiment as the nineteene

with our aduice shall find conuenient.

18

That whensoeuer a generall meeting of the aforesaid Courts shall be appointed, there shall meete nineteene per∣sons, eight from the Court of Amsterdam, foure from Zea∣land, two from the Maes, two from the Northern parts of Holland, two from Vriesland, and also the citie and land, prouided that the ninetene persons or as many more as we shall thinke fit by vs shall be appointed and chosen, for to giue their best directions for the dispatching of the affairs of this Companie.

19

By which generall assembly of the said Courts, all mat∣ters concerning this Companie shall be propounded and concluded, with caution that in regard of matters of warre our resolution shall be required.

20

At the said generall meetings shall be resolued when any ships, and how many, and towards what coasts shal be sent or the generall good of the Companie, hauing no Court power to do any thing without a generall resolution of the rest. And in case any of these Courts might happen to be carelesse and negligent in the accomplishing of these reso∣lutions, we haue giuen and giue by these same the said ge∣nerall meetings, authoritie and power to cause offenders and delinquents to make reparation for their faults, and requested shall lend thereunto our helping hand.

21

The said generall meeting shal be kept the first six yeares at Amsterdam, the next two ensuing yeares in Zealand, and so from time to time in the two aforesaid places.

22

The Commissioners by the Companie sent to the said meetings or elsewhere, shall haue for their diet and wages foure gilders euery day, besides the mony for the boate, ship or wagons: prouided that these that shall trauell from the one to the other citie, to frequent and visit the Courts

as Commissioners and Assistants, shall receiue neither the one nor the other from the Companie.

23

And if happened in the said generall meetings any mat∣ters of great weight & moment to occurre, which concer∣ning the Courts could not agree, and did finde difficultie if they should ouerrule one another, we haue taken vpon vs the deciding of the same, and what we shall finde good shall be followed.

24

Within the space of a moneth hence shall be giuen no∣tice by bils affixed, to all inhabitants both of these and o∣ther countries, that at the expiration of the fiue next fol∣lowing moneths, beginning from the first of Iune, may be admitted & receiued, and pay their capitall sums in three paiments, viz. a third part at the end of the fiue moneths aforesaid, and the other two third parts within the three next ensuing yeares, vnlesse afterwards it be found more conuenient to take longer time, of which the partakers shall be aduertised by bils affixed.

25

The Ships returning from their iourneys are to land at the same places they departed: and if it do happen that any ships by reason of winde & 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 Vries∣land with their associates in any other parts, that neuerthe∣lesse euery Court shall haue the ouersight & administration of his ships and goods, and shall haue power to send the ships and goods to the places where their owne Courts are kept, or hire other ships or vessels to conuey the goods to the places aforesaid, with this clause and caution, that the Commissioners shall present themselues at the places where the ships & goods shall be arriued, without vsing any fa∣ctors or deputies in their name. And in case it be not con∣uenient for them to trauell vnto those places, they shall leaue the charge & administration vnto the Commissioners

of the Court next to the landing of ship and goods.

26

If any of the Courts aforesaid receiueth any wares, of which any of the other is vnprouided, the said shall be bound to prouide the other according to her abilitie, and the same being sold, send more. That likewise the Commis∣sioners of the Court before mentioned, standing in need of any persons for rigging of their ships or otherwise, shall shew the same vnto any other Court or Courts, without v∣sing any factors or agents to the same purpose.

27

In case any Prouinces shall appoint an Agent for to re∣ceiue the monies from the Participants in their precinct, and to put the same in their Court, and to procure paiment of the distributions, he shall be admitted in the said Court, for to be informed and instructed of the out dealings, distri∣butions and incomings, prouided he bring into the Com∣panie filtie thousand gilders stocke or aboue.

28

The Commissioners shall haue one in the hundred of all goods going out or comming in, as likewise of all prises or taken goods; but of siluer and gold but a halfe in the hundred: of which prouision the Court of Amsterdam shall receiue foure ninth parts, the Court in Zealand two ninth parts, the Court about the Maes a ninth part, the Court of Vriesland ioyned with the citie and land a ninth part, the Court of North Holland likewife a ninth part,

29

Prouided alwayes that they shall receiue but once pro∣uision for the ordenance and ships, but none at all of the ships, ordenance and other things wherewith we shall assist the said Companie; neither of the monies they shall take vp for the vse of the Companie, neither for the goods they shall sell, neither shall they bring in any accounts for the attendance and charges of diet and trauell 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 haue their wages paid out of the prouision of the Commissioners.

31

The Commissiones shall not sell or deliuer any ships or goods or wares vnto the Companie either wholy or partly belonging vnto them; neither shall they buy or procure to be bought for them any merchandizes or goods from the Companie, directly or indirectly for themselues, nor hold in any part of the bargaine. In case they faile therein, they shall forfeit their prouision of one yeare (which shal be giuen vnto the poore) and themselues discharged of their places.

32

The Commissioners shall be bound to giue notice by bils affixed, of the merchandizes and goods they newly haue receiued, because euery 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 giue satis∣faction for matters trusted vnto him in regard of his admi∣nistration, which might cause damage, their stocke in the Companie shall be answerable for the same, being as a pledge and securitie for their true administration. And like∣wise if any of the participants for goods bought or other∣wise, be indebted vnto the Companie, and decayes in his estate, that he be not able to pay his debts, his stocke in the Companie shall be answerable for the same.

34

The Commissioners of the aforesaid Courts shall an∣swer for their keepers of cash and accounts.

35

That all the wares of this Companie to be sold by weight, shall be sold and deliuered by the weight of Am∣sterdam onely; and leaue shall be giuen to weigh the same

in the ships or store houses, without paying any taxes, im∣post or weigh mony, vpon condition neuerthelesse that the same being sold, shall be deliuered 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 vsed to be.

36

That the Commissioners or their goods shall not be ar∣rested or troubled for to haue rekoning of the administra∣tion of the Companie, neither for the wages due vnto any hauing bin employed by the Companie; but pretending any such matter, they shall be bound to call them before the ordinary Iudges.

37

Any ships coming home, the Generals or Commanders of the fleete, ship or ships, shall be bound to come vnto vs within ten dayes after their arriuall, and make report vnto vs of the successe of their voyage, as well by writing as by word of mouth, as we shall finde conuenient.

38

And if it happens (which is not to be thought) that any should crosse the nauigation, trafficke or trading of the Companie, against the vniuersall lawes, contracts, agree∣ments and entercourses, it shall be lawfull for the Compa∣nie to defend her selfe, and take their course according to the instructions giuen by vs.

39

Furthermore we haue promised and promise by these, that we will maintaine and defend the Companie in her free nauigation and traffike, and assist the same to the said purpose, with the summe of ten hundred thousand gilders to be paid within the space of fiue yeares, and the first two hundred thousand gilders shall be furnished as soone as the participants haue brought in their first paiment of their stocke promised: prouided alwayes that for the first ten hundred thousand gilders we shall receiue profit and dam∣mage as the other participants shall do.

40

And in case it do happen the Companie shall be strongly assaulted and inuaded in any of the aforesaid parts, we shall assist her (these countries in any maner of ways being able to do it) with sixteene ships of warre, the least being three hundred tunne, besides foure pinnaces, the least shall be foure score tunne, being of euery thing necessary well fur∣nished of ordenance both of brasse and iron, and fit quan∣titie of munition, double hangings, sailes, ropes, ankers, and other necessaries, as shall be fit for any great voyage; prouided that the said afterwards shall be manned, victual∣led and kept at the charge of the Companie, vpon condi∣tion the said Company shall set forth likewise sixteen ships and foure pinnaces furnished as ours, for to defend the Companie from her enemies, as likewise to assault them. And our said ships of warre shall ioyne with the ships of the Companie, and shall go forth vnder one Admirall, to be chosen by vs with aduice of the foresaid Courts or ge∣nerall meetings, and shall follow our directions and com∣mandements, agreeable to the resolutions of the Company, to make warres against their enemies. But the ships of the Companie being loaden, shall not hazard themselues with∣out great necessitie.

41

And if it shall happen that the charges of the warres in our countries here do grow lesse, and increase in the parts aforesaid, we haue promised and promise by these presents to giue as much aide and assistance vnto the Companie as these countries shall be able to permit, and the state or con∣dition of the Companie shall require.

42

Moreouer we haue ordered, that if it happen in time of warres any prises to be taken within the said limits of the Companie, as well from their enemies as pirates, or by a∣ny ading and assisting this Companie, as likewise the goods that shall be seised vpon by vertue of our Proclamations, all necessary charges, and the dammages of the Companie

suffered by the taking of prises, besides the right of his Ex∣cellencie in qualitie of Admirall, according to our resolu∣tion made the first of April, Anno 1602, and the tenth part belonging to the Officers, mariners and souldiers that haue made the prises, being deducted, they shall remaine at the disposition of the Companie, which shall be bound to keepe reckonings asunder of the same. And the profit or benefit of the said prises, shall be employed or bestowed to the setting forth of ships, and paying of the men of warre, as likewise to the making of fortifications, the putting in garrisons, and other like matters of warre and defence both by water and land, without making any distributi∣ons, vnlesse it did appeare the said profit and benefit to be so great, that without weakning the defence of the Com∣panie, and all charges of the warres being deducted, a good portion might be deuided, seperated from the commerce. And the distribution shall be made in this manner: a tenth part shall be giuen for the generall good of these countries, and the rest shall be deuided amongst the Participants of the Companie pro rato and according to their stocke.

43

Prouided alwayes that the goods and prises by vertue of our Proclamations seised vpon and brought in, shall be censured by the Iudges of the Admiraltie where they are landed, and iudged whether they be lawfull prises or not: And during the suite the administration of the said goods, after a due Inuentorie made, shall remaine vnto the Com∣panie, reseruing the residue for those that by the sentence of the Admiraltie might finde themselues aggrieued. And the Vendumaister or outcrier, and the other officers of the Admiraltie, shall not pretend any thing of the prises bene∣fited or sold by the Companie, they hauing had nothing to do with the same.

44

The Commissioners of this Companie shall be bound by oath, to be true and faithfull in their administration, to keepe good reckonings of their dealings, to procure the

most benefit of the Companie, and to auoide all h•••••• and dammage as much as shall be in their power; that they shall not fauour any of the greatest Participants more then the least, either in the bringing in of their stockes, or the ma∣king of the distributions: that of those that shall owe mo∣ny to the Companie, they shall not fauour the one more then the other: that they as long as they shall be Commis∣sioners, shall keepe such stocke in the Companie as is pre∣fixed by this grant; as likewise that they shall keepe and ob∣serue euery point and article here aboue mentioned, and procure to be held and kept according to their abi∣litie.

45

All which priuiledges, liberties and exemptions, besides the assistance afore mentioned in euery point and article here aboue, we haue granted vnto the said Companie after good aduice, and do grant by these, promise and giue by these promising to procure that they shall enioy the same without any disquietnesse or hinderance. We order like∣wise that the said shall be kept by all Magistrates. Officers and subiects of these vnited Prouinces, without doing any thing contrary vnto the same, either directly or indirectly, within or without these vnited Prouinces, vpon paines to be punished both in body and goods, as enemies of the com∣mon good and infringers of our orders. Promising besides to maintaine the Companie in all points aforesaid, by all treaties of peace, alliances, entercourses, with the neighbour Princes, kingdomes and countries, not suffering any thing to be done contrary to the same. Wherefore wee charge and command directly all Gouernours. Iustices, Officers, Magistrates and inhabitants of these vnited Prouinces, that they permit and suffer the said Company and Commissio∣ners to enioy peaceably and without any disturbance the effect of this grant, consent and priuiledge, ceasing by this all other matters ordered to the contrary. And because none might pretend ignorance of these, we haue commanded

that the principall points of this Grant shall be made knowne either by publication or affixing of bils, where it shall be required, iudging the same to be for the good of this Countrie.

FINIS.