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RESOLUTIONS concerning "freedoms and exemptions" granted to freemen

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Resolution drawn up this 10th of March 1643 at Fort Amsterdam on Curaçao.

Whereas some Company servants (whose contracted time has already expired) have frequently requested to be discharged from the Company’s service and ration in order to seek their own profit from the cultivation of the soil, and after having seriously considered, debated and deliberated the advantages and disadvantages which thereby might arise for the Company, we cannot see (if the following sworn articles are mutually observed) that the Company can expect any damage thereby, but probably some profit, and the island great benefit by supporting the garrison during enemy attack without expense to the Company; and if God will bless us with the assistance of pottage at prices lower than can be acquired from New Netherland, the island will benefit by ] sale of their goods and a beginning of trade, if any profitable goods can be extracted from the soil. One shall now be able to see a complete proof of this without damage to the Company, provided that the recipients of the free grants spare no diligence, as in the proverb: “Whoever wants the cow, take it by the horns.”[1] If they succeed therein, afterwards it can be practiced by the Company’s servants and employed Blacks. After properly weighing these and other matters, we decided to grant to six of those requesting discharge from the Company’s service and ration, to become free planters, the following articles, exemptions and freedoms on behalf of our lords and masters the directors of the Chartered West India Company. This discharge and freedom shall be granted at the end of the present month. Thus done, confirmed and concluded on the day, year and place as stated before. In acknowledgment of the truth we have signed this with our own hands.

P. Stuyvesant
Jacob Lopper
Brian Newton
L. Rodenborch
Claes Martensz
Jan Klaessen Smal
Jacob Tijssen Pal
Jan Claessen van Meppel

Freedoms and Exemptions granted to the Company’s servants who, after expiration of their contracted time, have requested and continue to request discharge from the Company’s service in order to seek their fortune from the cultivation of the soil.

1.

The freemen, who are granted such after expiration of their contracted time, are permitted, with approval of the honorable director, to select any land and places most suitable to them, which they may use as a free possession for the period of six years; provided that they do not select any gardens presently cultivated by the Indians or the Company’s employed Blacks.

2.

If the private people are deceived in the selection of the land, and other locations and places suit them better, such shall be granted them after first petitioning the director, with the preceding article remaining in effect.

3.

The extent of their plantation boundaries remains always at the approval of the honorable director who promises, on behalf of the Company, to allow them to have at one place or another as much land as they can decently cultivate, with the understanding that after the aforesaid expiration of six years the ownership of the same shall remain with the Company to dispose of according to its pleasure.

4.

Upon the aforesaid lands they shall be allowed to plant such produce, whether for consumption or trade, which they deem advantageous; remaining obligated to plant enough foodstuff to support them and their helpers and to deliver the excess to the Company or its representative here for the prices as follow:

5.

For one skipple of beans or corn shall be received forty stivers; for one hundred pounds of baked cassava, eight Carolus guilders at twenty stivers a piece; without the Company being obligated to accept other victuals which are not durable.

6.

Trade items such as cotton, tobacco and whatever else might be cultivated, they shall be allowed to sell to the highest bidder, provided that the Company be preferred in such sales, if it or its representatives so desire.

7.

The goods which are sold shall be transported from here aboard Company’s ships and sent to the principal office of the chamber of Amsterdam, provided payment of freight and recognition duties is made at the discretion of impartial parties; after satisfaction of this, they shall be delivered to the buyers.

8.

Whatever the freemen or private parties need for this, whether it be clothing, materials and foodstuff from the Company’s stores, it shall be furnished them for sustenance, maintenance and support according to circumstances of the same, upon payment of a 50 percent advance; except for liquid items subject to much leakage which, according to the opportunity of time, shall be valued by the director and council, if the magazines permit such disbursements.

9.

Whatever cannot be acquired from the Company’s stores, they shall be allowed to buy from private parties with the arrival of ships, provided they first request permission from the director; and with regard to the quality, quantity and price of requested goods, these shall, however, not be sought from private parties if they can be supplied from the Company’s stores.

10.

Wines, beers and distilled spirits—the excessive consumption of which frequently cause trouble—may in no manner be purchased from any private parties nor sold to any Company servants, on pain of forfeiting all their freedoms.

11.

If they are allowed the purchase of the aforesaid beers, wines and distilled spirits for the maintenance of health and personal consumption, they shall be bound to deposit it in the Company’s stores and draw out weekly what is necessary, as time and occasion may require.

12.

In the beginning the freemen shall each be loaned for their use an axe, chopping knife and firearm for one year, on the condition that they return the loaned items in good condition after expiration of the first year, or, by default thereof, to pay according to the preceding eighth article; likewise they shall also be allowed the use of two “nags” or old horses for one year in order to transport their necessities to and from the fort. After expiration of the first year they shall have to provide such materials and horses themselves.

13.

So that the Company may be assured of the aforesaid payments, no one will be allowed to leave the island or request the same without the director’s permission until their debts to the Company and others have been settled and satisfied.

14.

During the term of their stay as freemen and planters, which shall last at least two years they shall, at the arrival of the enemy or any enemy ships, remove themselves to the fortress, assisting in the defense of the same against all invasions and attacks, and, as Company servants, follow and obey the orders and commands of the superior and subaltern officers as much as is reasonable. In return they are promised, on behalf of the honorable lords-directors, to be compensated for all injuries received during such service, defensive or offensive, according to the regulation.[2]

15.

During the period of the aforesaid two years, they shall be exempt from all taxes and imposts, and after expiration thereof, they are to deliver to the Company a just fifth share of all that they cultivate, whether it be edible or trade goods.

16.

And so that the raising of young stock may be promoted for maximum profit and the Company’s service, the free planters are to be granted three goats from the Company’s farm, which they shall carefully tend, and enjoy thereof the use of the milk and half of the increase without having to put up any security for the old stock; the other half of the increase remains as a hereditary right for the Company and this division shall take place every three years.

17.

After the aforesaid division or when the free planters are given permission to leave, they shall deliver the remaining livestock to the Company and receive for each goat over one year old, three Carolus guilders and for those younger until three months old, half as much, namely thirty stivers.

18.

If in the meantime they consume any of the male stock for their own or private sale, they shall add at once as many and of the same root to the Company’s farm without any fraud, on pain of forfeiting four times as many (if it were to be revealed afterwards) as they have embezzled.

19.

In order to prevent any fraud here, the director or his deputy is authorized to inquire monthly about the amount of increase and to investigate its veracity at his pleasure.

20.

The freemen or planters shall submit and subject themselves to the statutes, laws, regulations, orders, government and administration of the subordinate authorities of this place, which has customarily been observed, until the honorable lords-directors shall order otherwise therein, without the private people being forced or compelled to perform ] any common services for the Company or the country.

21.

No one shall be allowed to draw any of the freemen out of the service, and although someone may petition the director or council for such, they shall not be employed, whether it be with absolute consent of the contractors or partners, much less running from the one to the other with the aforesaid complete approval; and whoever shall refuse to respect their freedom for the period of time agreed to by the contractors and partners, one with the other, shall be prosecuted according to circumstances.

22.

On the other hand, the contractors or freemen shall in no manner be allowed to seek, much less use, the service of any Company servants, Indians or Blacks without express consent and prior knowledge of the director, on pain of the preceding penalty.

23.

Furthermore, we promise the private people and freemen security in their plantations, crops, livestock and whatever pertains thereto, defending against all violence and pillaging of the settlers and confederated foreigners as if they were Company plantations, assuming destruction by the enemy at their own risk; the prevention of which we shall, nevertheless, assist them in as much as possible.

24.

Likewise, they on their part, each for themselves, promise, on pain of corporeal punishment, that they shall not hunt, catch, kill nor in any way injure the Company’s livestock, such as horses, cattle, goats, sheep and pigs; not plunder the Indians gardens; leave life and goods unharmed and undamaged, much less having any shameful intercourse or any association with their wives or daughters,

25.

Finally, the director promises (with observance of these) to give the freemen every aid, favor and assistance which his honor and oath may allow, without being disadvantageous and [      ] to the Company and the general welfare also to have these freedoms and exemptions approved and confirmed by his masters, the honorable lords-directors. Done at Fort Amsterdam on Curaçao, 10 March 1643.

P. Stuyvesant.
By order of the honorable aforesaid director,
A. Verellen, secretary.

We, the undersigned free planters, declare and acknowledge to have approved of and agreed to the aforesaid articles, freedoms and exemptions with the honorable director, and promise on our part to obey them. In acknowledgment whereof, we have signed this with our own hands, 12 March 1643, at the place state above.

the mark of Francois Bruyn
Adolf Rye, that is Adolf Parry
Yoryen Lbtsz, that is to say, Juriaen Lubertsen
the mark of Jan Josephs
the mark of Ritchert Gerrardt
the mark of Jan Portter
the mark of Jan Cottly
the mark of Jeremy Reddinck
the mark of Tecke Kollen

Notes

Compare the English expression, “Take the bull by the horns.”
Reference to the schedule which awarded monetary compensation for loss of limbs, eyes, etc. See the regulations for colonists going to New Amstel in New York Historical Manuscripts, Delaware Papers, 1648-1664 (Baltimore 1981), p. 88.

References

Translation: Gehring, C., trans./ed., Curaçao Papers, 1640-1665 (New Netherland Research Center and the New Netherland Institute: 2011).A complete copy of this publication is available on the New Netherland Institute website.