his book On the left side the parcell received and on the right side the parcell delivered or Ship'd away and of every parcell delivered and received he shall not omit to give daily before night particular notice to the Accomptant to be entered in his Jornall and Lidger He must also keep a book of Charge upon Merchandizes which he shall weekly sum up and bring the same to the Accomptant to be entred in his Jornall He shall also keep a book of Presents wherein shall be charged the presents given with a large Expression to whom and to what end And in the Creditors side bring in the presents received and retorned with a specification how they were disposed of which Ware-house book Charge of Merchandize and Presents Copy must be had constantly in readinesse to send at the comming away of every Ship signed and sent home 9. Instruct and cause to be instructed all the Young Merchants and Youths resorting unto this Factory not onely to keep their books exactly but also to buy and sell all home and East-India Commodities with the knowledge of Weights Measures Moneys and Coins used there abouts and other needfull parts to be performed in this Imployment let the Youths and other the Young Merchants which are best able learn the Sundry languages be instructed to speak read and write the same language that hereafter all businesses may be done and performed by them without fear of being deceived by the cozening Brokers and false Linguists let me yearly be informed of the ability of every one not only in the Country language but also in his books and industry in dealing with the Countrey People and dispatching of businesse thereby to know who may be preferred upon all occasions 10. At every time when occasion presents to send home Letters do not neglect to Advise me of all particulars of my businesse chiefly by the homeward bound Ships of this Imployment And when you write by the East-India Company Ships by the Holland Ships Portugalls or Danes and French Ships or by land as hereafter expressed You shall use the Figures and Ciphers to deprive our back friends of the Contents when perhaps they may get our Letters into their hands you may write home by Land Via Surratt or Persia sending your letters to Balsora in the bottom of the Gulf of Persia to be directed to the Consull for the English Nation at Aleppo to be further conveyed to me by way of Venice Lyvorne and Marsellia or else to write by Ship from Scanderoone you may also write home by way of the Red-Sea to be further conveyed to Grand Cairo in AEgypt by the bottom of the Red Sea This to be directed to Sir Alexander Pagetti a Venetian Merchant and Consull of that Nation with order to send the letters to Alexandria and further to Venice Livorne or Marsellia to be conveyed unto me 11. In House expence be frugall untill further encrease of Trade you shall not adde to the building of Carwarr house content your self with the house you already built at Carwarr onely if you want Ware-house to preserve the Goods you procure for England and other places let convenient rooms be made also for the Salt-Peter man what is requisite to the furthering of his work but in digging of Ponds Tanks building Bridges and other needlesse charges do not imploy the Stock which is to be invested in Commodities Be not too liberall in presenting for it is frugality which makes a Trade rich and when presents returns to you and others under your Command let them not be applyed to any mans particular use but brought into Accompt and Registred in the books of presents 12. Suffer no man belonging to this or other Factories to Trade for himself his Friends or any body else besides what is done for my Accompt when any body is found possessed with Money or Goods or both to be invested in Trade as aforesaid You shall take such Goods and Moneys from him and dispose thereof to my use giving the Possessor a receipt for the same signed by you and the most part of your Councell for which I promise to make satisfaction to the parties here at home at the first Ships return 13. You shall direct all your returns Bills of Lading Letters Books and Accompts Marked with the Mark in the Margin unto me and order the letters directed unto any else in England and Europe not to be delivered before the same be brought to my hands and order from me procured for the delivery thereof which order you must renew at every Ships homeward dispatch neither shall you disclose there in the Indies by letters words or actions the State of businesse to Brokers Merchants and other the Countrey people and lesse to the Hollander French Portugalls Danes or English and other employed in the East-India Companies service for the old or new Stock You must be industrious and secret in all your dealings in all your Trade for it much concerns me to have the secrecy thereof reserved to myself and the men by me employed and when any letters come to your hands sealed and directed to me from some body in this employment you shall not offer to open the same neither detain it in your hands but send the same letters sealed as you receive them by all the speedyest conveyance you can unto me neither shall you open nor detain the letters which I send to the persons employed in this Service but send or deliver the same sealed according to direction with all speed possible unlesse that such persons were deceased run away or come home before you receive such letters for them in which case you may open the letters to take course according as shall be required 14. When you arrive in safety at Carwarr you shall take full Information from William Gorle and the rest of the Merchants the state of businesses thereof with their advice and with the advice of Mr. Hogg proceed in the disposing of the Hesters lading for Monies and in Trucke for Pepper Cinamon Endicoe Callicoes and other goods to be had there and call the said Gorle and all others which had charge committed to them and of him receive the Patent of the Great Seal of England for your proceeding at Carwarr You shall leave such order at Cannanore as with the advice of all the Merchants and Mr. Hogg shall find to tend to the most advantage of the imployment and leave William Gorle chief to whom you shall deliver my Orders and Instructions for his Government and settle the rest of his Councell according to the form therein specified with Copy of the same Instructions to the rest of those whom it concerns 15. From Cannanore you shall proceed with the Hester to Cocheen to put off such quantities of your Cloth Iron Lead and Baies as the place most vents and being needfull leave there of your Merchants for the disposing thereof where you shall keep a faire Correspondence with Senior Francisco Quetho
other Merchants of Ships and Factories belonging to this Employment Then presently with them debate and resolve concerning Trade and other matters and in case of equal Voices you shall have two Voices a casting Voice besides your own The second of this Factory shall be Accomptant General and keep the Books of Business done in this and other Factories The third person shall be Secretary to write Letters and keep Correspondence with all places which have to doe with this Factory The fourth person shall be Cash-keeper and daily make up his Accompt with the Accomptant General The fifth person in the Factory shall be Ware-house-keeper and daily give over to the Accomptant General what parcels of Goods received or delivered to be book'd in his Journal and Lidger 4. If any more persons be in the Factory bearing the name of Merchants they must be employed by Order of you and and your Councel about such business as their abilities and the time shall most require And when there are less persons then five in the Factory of the quality of Merchants then you shall report the business among those present according to every one his skill and abilities bearing your self such a part as may be requisite which four persons more or less to bear the said Offices shall be elected by you and your Councel and any one departing out of the Factory shall give up Accompt of his Administration and another by you and your Councel Elected and put in his room as aforesaid The Chief of the Factory or Agent at Carwarr which now is appointed to be Mr. John Farren at his arrival shall not be nominated by other than my self But in case of Mr. Farren his departing this Life before he comes there then at the coming away of Leonard de Woodman who is now sent for home the Factory shall be governed by the Second untill further Order by next Shipping which Second is to be chosen by a Consultation of all the Merchants and is to execute the Orders with the Power given to Mr. Farren And in case that Leonard de Woodman be deceased or come home with Capt. Hall and another left Agent by Mr. Hall then such person shall be removed to be Chief at Batticalla after Mr. Farren's Arrival at Carwarr 5. Your Accomptant-general or second Person of the Factory shall keep exact and true Books of Accompts of all Goods Monies Debts and other means to me belonging under your Receipt of this Factory charging distinctly every parcel and quantity of Pepper Saltpeter and other Goods bought and Cloth Lead and Iron and other Commodities received for me and others discharging the same when you Ship away your India Goods or sell Europe Commodities He shall also keep an Accompt of all the persons now in the Factory or hereafter to come there giving them Credit within the line and not the summe drawn out with the rest of the Credit aboard the Ship or in the Factories whence they come the Accompt it self being Copied at large in the Jornal and in the Lidger brought into a summe within the line pro Memoratum as aforesaid for that this Factory is not to be Charged with Ship and other Factories debts but withal it 's fit that in the giving any one his Accompt there should be remembered whence he comes and how much due to him in the last Ship or Factory when any person of the Factorie takes up Monies or Goods which must not be otherwise than for necessaries such Money or Goods must be charged to his Accompt and acknowlegement taken in the Receipt Book and at the departing of any person from the Factory his Accompt must be ballanced and he made Creditor for his wages during the time of his abode there the Copie thereof delivered unto him with your Name and the rest of your Councels hands thereunto and another Copy thereof must be sent home to me If the Party departs this life his Accompt as aforesaid with his Will and Inventory of his goods and Clothes must be sent home and a Copy delivered to the Executors if any present his Goods and Clothes first being sold and the proceed thereof brought to his Accompt The Accomptant General shall take and examine the Books of Accompt which yearly shall be sent unto this Factory from the Factories of Rajapore Rabag Batticalla Camiavore and others when more settled the Contents of which Books he shall extract and carry over into the Books of Carwarr of which Carwar-Books Copies must still be ready to send home to me by every Ship that comes home and belonging to this Imployment which Copy of Books shall be by you and the rest of your Councel perused and signed by every one of the Councel 6. The Secretary shall keep all the Letters with some directed to this Factory and Copy the same into a Book He shall also write all the Letters which from this Factory must be writ to me and others in India of which Letters true Copies shall likewise be Registered into a Book and he must be careful to seal no Letters untill the same be perused by you and the Councel and the hands of all them of the Councel then present thereunto with the Secretary his own hand last of all He shall also make all the Wills and Inventories of sick and deceased people of this Factory whereof he is to keep a true Register He shall also keep the Book of Consultations and a Book or Jornal of Day-observations touching Trade News or other daily passages the Copy of all which Books the Secretary shall at all times have in a readiness and send home the same to me by every homeward-bound Ship which Copies must first by you and the rest of your Councel be perused and signed as in the fifth Article 7. The Cash-keeper must keep the Cash-book at large by Jornal and Liger Charging every Coin as Pagoes Santomees Rialls of eight Larrees and other small Monies on its several Accompt with the quantity of the parts for the receipt and discharging the same against its particular Accompt when payment shall be made thereof the parcell of which Cash-book must every day before night be brought unto the Jornall by the Accomptant Generall The Steward shall keep his books of house expence at large and bring in the Weeks charge thereof unto the Accomptant to be entred in his Jornal and Lidger of which Cash and Stewards book a Copy must be constantly in readinesse and after Examination and under written by you and the rest of your Councell be sent home to me by every Ship which is homeward bound 8. The Ware-house keeper shall keep a Ware-house-book wherein at large shall be charged what Goods he receiveth into his Custody which shall be discharged again when he delivereth the same to be Shipped or to those who buy the Commodity noting every particular of Condition Quantity and Quality of the Goods and Copying every particular Invoyce of Cloth and other Goods into
wickedly destroyed to the ruine of Mr. Courten and his Family and the inestimable Losse of the whole Kingdome And I do further declare that in the year 1645. I came thence for England again in the Ship Thomas and John and Brought home the Books of Accompts sealed up and delivered them to Mr. Courten and his Lady with the sad tidings and relations aforesaid John Darrell Juratus Johannes Darrell 19o. die mensis Martii 1662. juxta super veritate premissorum coram venerabili viro domino Gulielmo Mericke Legum Doctori Milite Surrogato venerabilis viri Johannis Exton Legum Doctoris Supremae Curiae Admiralitatis Angliae locum Tenentis Judicis sive Presidentis Testibus Samuel How Not. Publ. Mai. Cottle Not. Publ. Will. Mericke Sententiae Judicium JURISCONSULTORUM BATAVORUM In JURE CIVILI exparte Belgicae Societatis Indiae-Orientalis Versae ex Lingua Belgica VIsà à nobis infra scriptis copiâ cujusdam Contractus in Linguam Belgicam versi 19 Decembris Anno 1642. inter Gulielmum Courten Armigerum Londinensem ab unâ Dom. Edvardum Littleton Baronettum ab alterâ Dom. Paulum Pindar Londinensem a tertiâ parte initi ut impressa copia instrumenti procuratorii 27 Octobris 1645. à praedicto Courten ad Jacobum Pergens concessi copia quoque literarum à Parliamenti Superiori Camera Londini 20 Martii 1645 6 ad Residentem Strickland in favorem praedicti Courten datarum similiter duabus impressis copiis Epistolarum à Regiâ suâ Majestate Angliae tam ad Dominos Ordines Generales quam ad Residentem suum in favorem negotiorum praedicti Courten 9 Octobris 1647. Scriptarum Item impressis copiis duorum Instrumentorum transportationis sive translationis procurationis sive mandati quorum unum praedicto Courten 10 Dec. 1647. Lond. alterum vigesimo secundo Februarii 1648. hic Hagae Comitis in usum dicti Pergens concessum erat porrò copiâ cujusdam Insinuationis Dominis Directoribus Societatis Indiae Orientalis Amstelodami 25 Maii 1648. per Jonam Abeels Mandatarium procuratorem dicti Pindar facta ut Arresti ejusdam primo Octobris 1648. ab ipsomet super Societate ibimet loci fieri facti uti certificationis à Consulibus Rectoribus dictae Civitatis 7 Augusti 1654. datae cum insertione excerpta ex Registro causarum Judicialium ibi loci in quo dictum Arrestum 13 Novembris 1648. validum declaratur sicut etiam copiâ instrumenti renovationis dicti arresti data 2 Novembris 1649. ut protestatione 11 subsequenti diversis Excerptis ex Registro causarum Judicialium dictae Civitatis sub datis respectivis ultimo Maii 21 Junii 13 Septembris 8 Novembris 1650 14 Febr. 1651. continentibus Petitionem à dicto Abeels nomine quo supra contra Dominos Directores Camerae praedictae institutam Decreto Scabinorum in quo ista causa salvo Jure Judicii in statu tenetur praeterea excerpto ex eodem Registro sub dato 13 Septembris 1650 continente Petitionem in casu Indempnitatis contra Jacobum Pergens Cautionarium ejus à Dominis Directoribus Institutam Praetereà duobus excerptis ex Indice aut Receptorio postulatorum ex parte Mercatorum aliorumque Anglorum contra Populos Foederati Belgii virtute trigesimi Articuli pacis coram Commissariis hinc inde nominatis continente primo Petitionem Gulielmi Toomes executoris testamenti dicti Pindar quoad navem dictam de Bonne Esperance ad summam 72546. secundo Petitionem dicti Courten ad summam 60000 Moultonii aliorum propritariorum dictae Navis ad summam 10000 librarum Sterlingarum ut Copia literarum à Regia sua Majestate Angliae 21 Martii 1661 2 ad Dominos Ordines Generales datarum ut Memoriali a Domino Residente Downing 20 Aprilis dictis Dominis Ordinibus Generalibus tradito ut responso dictorum Dominorum Ordinum Generalium ad idem dato ut expressis praetentionibus contra Societatem Indiae Orientalis nomine ex parte praedicti Courten aliorum quorum interest ratione damni in Indiis Orientalibus passi motis ut impresso altero memoratorum Dominorum Ordinum Generalium ad Memoriale Equitis Downingii dicto die Sancito ultimo impresso responso vulgo Reply 13. Julii noviori memoriali primo Septembris praeterito contra illud a dicto Domino Downing exhibito omnibus Spectantibus ad naves dictas Bona Esperanza Henry BonaAdventure a dicto Courten in Indias Orientales instructas Quarum prima est Fisco addicta Bona alterius postquam ad littus Insulae Mauritii pulsa esset tunc per Ministros Societatis salvata sunt duobus questionibus ex inde propositis viz. An Societas non obstante dicto contractu 19 Decemb. 1642. Insinuationibus protestationibus Arrestis cum dicto Courten aut ejus Mandatario Pergens decimo octavo Septembris 1649. potuerit validé transigere Secundo Num dictus Pindar aut nunc ejus Administrator non teneatur respectu societatis in dictam Conventionem cum Jacobo Pergens Mandatario Courtenii initam acquiescere Judicatur salvo meliori Judicio de dictis questionibus Dominis Directoribus dictae societatis liberum fuisse non obstante insinuatione protestatione vigesimo Maii ut Arresto primo Octobris ejusdem Anni supra Memorati cum dicto Courten aut ejus procuratore 18 Septemb. 1649. firmiter transigere Et consequenter dictum Pindar aut jam ejus Administratorem teneri in dictam Conventionem cum Pergens initam respectu Societatis Acquiescere Idque has ob rationes quod etiamsi dictus contractus decimo nono Decembris 1642. dicto Pindar titulo Emptionis translationis videatur dare proprietatem dictarum Navium Mercium in iisdem contentarum cum omnibus annexis equidem non comperietur realem fieri traditionem possessionem earundem a Courten Littleton aliquo modo fuisse derelictam Verùm è contra quidèm Expresse stipulatur Courten Littleton constituturam ea conditione ut Paulo Pindar ex redeunte onere Navis dictae Bonne Esperance solvant summam trium millium ex dicto onere Navis dictae Bonadventure 2500 librarum Anglicarum dimidium unum intra unum alterum dimidium intra duos menses post reditum appulsum Exonerationem dictarum Navium Londini aut alibi solutionibus it a peractis dicto Littleton tunc liberum licitum fore omnes caeteros effectus dictarum Navium tenendi habendi fruendi in suâ possessione in eam intentionem quae magis exquisite in contractu exprimitur sicut inter dictas partes non obstante quod dictas Naves dicto Pindar concesserint negotiati sint vendiderint expresse conventum declaratum est ipsum Pindar nullo modo laturum aut passurum aliquod damnum aut jacturam quae per Naufragium aut alio modo