740 



tors, which, proportlonably to their refpedive debts, ought to be difcounted for with him 

 by the faid company, upon the following conditions : 



*' I. That the whole debt is to be fatisfied in the three next following years, the firft 

 payment to begin in January 1645, and if it happen, that in one year a lefs Ihare be 

 paid than in the other, the whole is to be made good in the laft year. 



" 2. That no difcounts fhall be entered in the books of the company, until after the 

 payment of the due proportion appointed for each refpedive term of time. 



" 3. That the creditors of thofe with whom they have entered into articles of agree- 

 ment, as well as the debtors of the company, (hall not be difcharged of their debts in. 

 the books of the company, but in cafe of failure or delay of payment, either of the 

 whole fum or part thereof, all the refpeftive appointed times, fhall ftand engaged and 

 anfwerable, each for his lefpedive debt, unlefs they give other fecurity to the com.pany ; 

 but thofe creditors who have no debts in the books of the company, {hall have liberty 

 to transfer other debts, or elfe to receive their fhare in two years time, either by affign- 

 ments or in negroes ; but not in any commodities imported from abroad, or fugar to be 

 exported ; provided neverthelefs that the articles of agreement be fulfilled, or otherwife 

 the fum be nut to their own account immediately, in which cafe they are to allow eighteen 

 pound per cent, and neverthelefs be liable to fee the agreement put in execution. 



** 4. Thofe who are entered into articles of agreement fliall be obliged to engage both 

 their body and goods for the performance thereof, but efpecially to deliver an inventory 

 of their perfonal eftates, confirmed by oath ; befides which, they are to give fuch fecu- 

 rities as fhall be approved of by the great council ; with renouncing the beneficiwn ordi- 

 nis, divijionis, et excu/atio?2is, as well for each refpeftive payment at the appointed times, 

 as the whole fum in general. 



" 5. Thefe before-mentioned fecurities are to be perfons well-qualified, of good fub- 

 ftance, not involved in debts, but efpecially in the company's j and fhall be warranted 

 by the magiflrates of their refpeftive places of abode. 



" 6. Public notice is to be given to all perfons who have any bonds, bills or accounts, 

 or other engagements relating to the perfonal eflates (which fhall be named or fpecified), 

 of fuch as are entered into thofe articles, that within the fpace of three weeks they are 

 to produce the fame, or elfe be excluded from the benefit thereof, till after the expira- 

 tion of the time mentioned and appointed in the faid agreement. 



" 7. That he who has engaged himfelf in fuch an agreement or contrail, fliall not be 

 permitted to contraft new debts, unlefs with the confent of the great council ; other- 

 wife the fame to be void and null, of which public notice fhall be given. Neither fliall 

 he abalienate any fugars by land as remains, under the penalty of reftitution to be made 

 with full interefl and charges. 



" The creditors fhall be obliged to furrender and renounce all their pretenfions, en- 

 gagements, and anions, to the company ; neither ihall they lay any claim upon that 

 fcore of precedence, or otherwife. 



" "Whenever it fhall be judged requifite, by the great council, to fend a certain per- 

 fon to the Ingenho of any perfon entered into fuch an agreement, for the better fe- 

 curity of their debt, and the receiving and fending away the fugar allotted to the com- 

 pany, he fhall be obliged to find him with victuals and lodgings in his Ingenho; but 

 the company fhall pay him for his pains. 



*' Purfuant to which, the before-named Manuel Fernando Cruz, with the advice 

 and confent of his before-mentioned creditors, has obliged himfelf in general, and by 

 thefe prefents, obliges and engages his perfon and eflate, both real and perfonal, with- 

 out any refervation or exception ; but efpecially the before-named Ingenho Tapicura, 



with 



