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The handle http://hdl.handle.net/1887/65503 holds various files of this Leiden University dissertation.
Author: Ekama, K.J.
Title: Courting conflict : managing Dutch East and West India Company disputes in the Dutch Republic
Issue Date: 2018-09-13
C OURTING C ONFLICT
ISBN: 978-94-92679-54-3 Printed by: Print Service Ede
Cover images: Photograph of archival manuscript document: NL-HaNA, Hoge Raad Holland en Zeeland, 3.03.02, inv.nr. 778 (1686), Geextendeerde sententies, f. xxxiiii r;
High Court judges: Detail from De begrafenisstoet van Frederik Hendrik. Pieter Nolpe after Pieter Jansz Post, 1651. Rijksmuseum, Amsterdam.
Courting Conflict
Managing Dutch East and West India
Company disputes in the Dutch Republic
PROEFSCHRIFT
ter verkrijging van de graad van Doctor aan de Universiteit Leiden,
op gezag van Rector Magnificus prof. mr. C.J.J.M. Stolker, volgens besluit van het College voor Promoties
te verdedigen op 13 september 2018 klokke 10:00 uur
door Kate Jean Ekama
geboren te Kaapstad, Zuid-Afrika op 24 october 1986
Promotor: Prof. dr. Cátia Antunes
Co-promotor: Dr. Karwan Fatah-Black
Promotiecommisie: Prof. dr. Michiel van Groesen Prof. dr. Egbert Koops
Dr. Justyna Wubs-Mrozewicz, University of Amsterdam Dr. Bram van Hofstraeten, Maastricht University
i
Contents
Acknowledgements ... iv
List of Abbreviations ... v
List of tables and figures ... vi
Introduction ... 1
From conflict resolution to conflict management ... 2
The High Court of Holland, Zeeland and West-Friesland ... 7
The court records ... 13
Beyond East and West ... 17
Company law and company courts ... 19
Suing the Companies ... 22
Company conflicts ... 24
1. The Companies in Court ... 27
The legal framework... 27
From company court to High Court: the VOC ... 27
A Scot in The Hague ... 28
Seeking redress: Goodschalk vs. VOC ... 32
From company court to High Court: the WIC... 35
The Litigants ... 38
Categorisation of cases ... 46
Conclusion ... 53
2. The companies’ competitors ... 56
Chartering companies in the Republic ... 58
A difficult merger: the VOC... 59
Chartering the WIC ... 62
Company monopolies ... 68
Constricting the VOC charter area... 70
The one that got away? Olivier van Noort’s Magellan Company ... 71
The States General: Managing the companies’ conflicts ... 76
Going to court, c. 1610-1635 ... 77
‘Discovering’ a route to circumvent the VOC: Isaac Le Maire’s Australia Company . 80 The VOC and WIC at odds ... 86
Contentious Cape Town... 86
Roggeveen ... 87
Contracted entrance into the WIC charter area ... 90
WIC vs. Verpoorten ... 91
WIC vs. Courland ... 93
Conclusion ... 99
ii
3. Legal strategies, illegal trade ...101
Private trade in the Indian and Atlantic Oceans ...103
Transhipping on the Europe-Asia route ...111
Spiriting goods to Batavia: Willem Toledo vs. VOC chamber Amsterdam ...112
Jan Schull vs. VOC Chamber Amsterdam...117
Contesting competence: The VOC’s strategy ...121
Cooperation in illicit Atlantic affairs ...124
The infamous lorrendraaiers ...125
Smuggling gold ...130
Conclusion ...135
4. Salaries and secondary markets ...137
In company employ ...139
Present ‘uses’ for future earnings ...143
Escalating wage claims against the companies ...147
Court cases ...150
Inheritance ...150
Hans Boije vs. VOC Chamber Amsterdam ...152
Samuel and Metgen Elders vs. VOC Chamber Amsterdam ...154
Wage payments and lost vessels ...155
Jasperssen et al vs. WIC Chamber Zeeland ...156
Neeltje Claes vs. VOC Chamber Amsterdam ...158
Credit, debt and secondary markets for wage accounts ...160
The secondary market in the Republic ...161
The secondary market overseas ...167
Amsterdam Auctioneers vs. VOC Chamber Amsterdam ...174
Conclusion ...177
5. Shares of empire ...180
Shareholding in the VOC and WIC ...183
Shareholder discontent ...187
Trading shares ...189
Court cases ...190
Shares and spices ...190
A bookkeeper’s error ...192
Tying up David de Pinto’s estate ...194
The Bartolotti family ...196
Commerce and kin ...197
Litigation against the VOC ...199
Persistent litigation ...200
The initial investment ...202
Bankruptcy ...203
The High Court’s final decision ...205
iii
A family portrait ...205
Conclusion ...207
6. Property rights and colonial imports ...210
The charters, chambers and modes of sale ...213
VOC ...214
WIC ...215
Modes of sale ...215
VOC Chamber Sales ...221
Debt, bankruptcy and liability ...224
Jan Maertens’ heirs vs. VOC Chamber Zeeland ...226
WIC Chamber Zeeland vs. Laurens Verpoorten ...227
Property rights, prize and seizure of goods ...232
WIC Chamber Maze vs. Pieter Baelde ...232
WIC Directors vs. freighters of the Witte Duijff ...235
The Eduard and Zeeuwsche Leeuw ...238
Conclusion ...241
Conclusion ...244
Appendix ...251
Bibliography ...257
Samenvatting ...272
Curriculum Vitae...276
iv
Acknowledgements
The most memorable part of my first day as a PhD candidate was my supervisor’s encouragement to always be academically generous. While working on my dissertation I benefitted enormously from others who were exactly that – generous with their time, skills, insight, and support. I am immensely grateful to numerous people who were involved in various ways.
While working on my thesis I had the opportunity to participate in conferences and workshops in the Netherlands and abroad. The questions and comments which I received on those occasions helped me to refine and shape my ideas and for that I thank the many participants who freely offered their thoughts.
Thanks to the staff of archives of libraries for the work that they do to facilitate historical research. Having unearthed the sources I needed, I then enjoyed expert assistance from Lodewijk Wagenaar, Harry Dondorp and Ton Harmsen who taught me how to decipher them. I am grateful for the time you dedicated to teaching me.
Researching and writing this dissertation was a task which, thankfully, I did not have to tackle alone. Joris and Erik in the VIDI team, and Bram our adopted VIDI brother;
Eli, Edgar, Julie, Kaarle and Hasan; Byapti and Noelle; Jeannette, Sanne and Marion; thank you all for your encouragement, constructive comments and suggestions which improved my thinking and writing. You have been excellent colleagues, and beyond that, great friends. Being a part of the Institute for History was a great experience, and for that I thank my colleagues in multiple sections.
I owe a great debt of gratitude to my supervisors, Cátia and Karwan. Thank you for the many hours you spent discussing my ideas, reading and rereading drafts, offering guidance and suggestions.
My heartfelt thanks to close friends in faraway places. Your friendship is a joy and treasure. Thank you for sharing the peaks and troughs of PhD life with me.
When I started my PhD my father told me that it was a test of character and perseverance. He was right. I have come through that test in no small part thanks to the patience, steadfast love and unwavering support of my parents (and their unrivalled proof-reading skills!). Thank you, Mom and Dad.
v
List of Abbreviations
NL-HaNA National Archive, The Hague
SAA Stadsarchief Amsterdam; City Archive Amsterdam
TASTD Trans-Atlantic Slave Trade Database
vi
List of tables and figures
Table 1: Chamber directors and the Gentlemen Seventeen 184
Table 2: Chamber directors and the Gentlemen Nineteen 186
Figure 1: Painting of the president and councillors of the High Court
and the Court of Holland 7
Figure 2: The legal framework of Holland and Zeeland 10
Figure 3: Company courts and the courts in the Republic 39
Figure 4: Distribution of VOC and WIC sentences by decade 47
Figure 5: Map of the VOC charter area 62
Figure 6: Map of the Northern Atlantic 63
Figure 7: Map of the world 63
Figure 8: Portrait of Olivier van Noort 75
Figure 9: Portrait of Jacob Le Maire 85
Figure 10: The Bartolotti House 197