NIEUHOFF S BRAZIL. 



741 



with all its appurtenances, according to the inventory there affixed and confirmed by 

 oath ; which Ingenho Tapicura he declares to be free from any pre-engagements, with 

 all the grounds, fugar-fields, pafturages, woods, and other things thereunto belong- 

 ing, viz. eight brafs calderns, ten tachoos, and ten parvos, befides feveral other cop- 

 per veflels belonging to the faid Ingenho ; twenty Haves belonging to the faid Ingenho, 

 and Manuel Fernando Cruz, his houfe and fixty oxen. And for the better perform- 

 ance of this agreement, Senhor John de Mendofe, dwelling at Moeribeca, and Manuel 

 Gomes de Lifboa, living in Moquiaxe, have, after certificates obtained from the magi- 

 ftrates of their refpedive dwelling-places, engaged themfelves, and do by thefe prefents 

 engage themfelves as fecurities for the whole debt, and as debtors for each and every 

 part thereof, promifmg to indemnify the company of all adions, fuits, or other preten- 

 fions which may be made againft them on account of any other creditors of the faid 

 Manuel Fernando Cruz, not mentioned or engaged in this agreement ; as likewife, that 

 no fugar fliall be furreptitioufly conveyed away or abalienated : that in cafe of non-pay- 

 ment, the company fhall be hereby fully empowered to recover their damages with in- 

 tereft and charges, upon their perfons and ellates ; they renouncing by thefe prefents 

 all exceptions, ordinis, divi/ionis, et excufationis^ as likewife all other pretenfious of pri- 

 vileges tending to the invalidity of this contract. The before-named creditors alfo, in 

 general, and every one of them in pardcular, declare that they have given in a true 

 account of all their refpedive pretenfions upon the faid Manuel Fernando Cruz, neither 

 that they do demand any other fum or fums of him, but what have been fpecified there 

 under their refpedive names J promifmg to be well fatisfied with what has been ftipu- 

 lated, and, if put in execution accordingly, to renounce all aftions or private engage- 

 ments, difcontents or preference in favour of the company ; and that in cafe of non- ' 

 payment, they will be obliged to make good and reftore to the faid company, not only 

 each particular fum paid at certain limited times, but alfo the whole, in the fame man- 

 ner, as if the faid agreement had never been made betwixt them ; leaving it to the dif- 

 cretion of the company, whether they will lay their adlions againft Manuel Fernando 

 Cruz and his fecurities, or againft themfelves and their eftates ; under the condition 

 they were in before the conclufion of this agreement ; the benefit oi adionem cejfam be- 

 ing allowed them againft the faid Cruz and his fecurities, for the recovery of their juft 

 debts. In witnefs and confirmation of which we have granted thefe our letters, as ufual 

 in fuch cafes, fealed with the ordinary feal of the court of juftice, and figned by the 

 fecretary of the council. Tranflated in the Receif, 23d September 1644." 



In the fame manner all the other contrads were made and penned ; the contents of 

 which amounted, in the whole, to two million one hundred and twenty-five thoufand 

 eight hundred and feven gilders, which were due from the farmers to the mafters of 

 the fugar-mills, and from thofe again to the company. 



The chief, if not the only reafon, why thefe agreements were refolved upoi), was, 

 (as we faid before) the intolerable vexations and exadions put upon the mafters of the 

 fugar-mills by their creditors, who, unlefs thefe mafters paid them at the rate of two ,?4_^3' 

 or three per cent, intereft per month, made immediate feizure of their negroes, oxen, 

 coppers, and other neceffaries belonging to the fugar-mills ; fo that the mafters of thefe 

 fugar-mills being reduced to a neceffity of paying fuch exorbitant exadions, or elfe to 

 fee themfelves entirely ruined, began to defend their plantations and mills by force, fo 

 that things feemed to tend at that time to a general infurredion, if the fame had not 

 been prevented, by entering into thofe contrads ; by which means, the mafters of the 

 fugar-mills being freed from the oppreffions of their creditors, and in lieu thereof now 

 become debtors to the company, and time given them to employ their mills for the pay- 

 ment 



