LEGISLATIVE ENACTMENTS

OF CEYLON.

VOLUME I.

CAPITULATION OF COLOMBO

BY

THE PORTUGUESE TO THE DUTCH.

ARTICLES PROPOSED FOR THE CESSATION OF HOSTILITIES BY THE PORTUGUESE TO THE DUTCH.

(Extracted from the "History of Ceylon," by the

Rer. Philippus Baldæus, Minister of the Gospel in the Expedition.)

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N the 11th May, 1656, about 8 o'clock in the morning, the Deputies of the Portuguese, named Laurenço Fereira de Britto, late Capiteyn Moor of Point de Galle; Hieronymo de Lucena Tavares, late Collector of the Revenue of Colombo; and Diego Leitaon de Souza, Private Secretary of this place, delivered the following Articles, which they requested may be granted and approved :

I.

We shall wait for provision and succour till the 20th of this month, and if they arrive by that time at the town of Bahia, and be strong enough to raise the siege of the town, all and every negotiation shall, in consequence, become of no effect; in the meantime there shall be a cessation of hostilities on either side, nor shall the least enmity be shown; provided, nevertheless, that no intercourse or communication shall be had but with persons passing and repassing, for which purpose hostages shall be given on both sides.

II.

In case of the surrender of the town, the churches and images shall be treated with all honour. The ecclesiastical persons and the clergy shall be permitted to take with them,

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freely and without hindrance, all images they may wish and desire, together with the relics, consecrated vessels, silver lamps and ornaments, and all things appertaining to religious worship and to the churches, including the movable property which each of them has in his possession.

III.

The persons of the Generals Anthonio de Souza Continho and Francisco de Melo de Castro, and of the son of Anthonio de Souza Continho, shall be treated with due honour and respect; and they may freely depart from this town with all their movable property, gold, silver, rings, precious stones, &c., and with all their servants and Portuguese pages, as also their free servants and male and female slaves; and they may reside in their houses until embarkation, but under the protection of the General of our State, who shall provide them (at their expense) with the necessaries of life during the time of their residence here, and with necessary articles for their voyage, and procure also suitable ships for the safe conveyance of them and their families. That the ships shall be furnished with able sailors, arms, and ammunition of war, and everything requisite both for war as well as the sea; and this shall take place whenever the said Generals shall be in readiness to depart.

IV.

The Captain of the Town, the Captain Moor of the Camp, the Senior Merchant, Sergeant-Major, and the family of the Captain who died lately shall be treated in the same manner and fully as well as the two Generals.

V.

The Captain of the Infantry and those on half pay, and all other officers superior as well as inferior, shall be allowed to march out with their badges of office, colours flying, drums beating, matches lighted, and guns shotted, and with all their property; and they shall be provided with vessels to convey them to India or to the opposite coast; and the Governor of the Netherlands shall maintain them at this place with the funds that shall remain here for the King of Portugal, and if there be no funds the expenses shall devolve upon the Honourable Company until their departure. They shall also not be allowed to be molested either by water or by land.

VI.

In like manner, the Ovidoor, Judge, and other officers of the Chamber, the Senior Merchant, the Alcalde Moor, and the Superintendent of the King's effects shall enjoy the same liberty and privileges which have been required for the Captain of the Town and Field.

VII.

The Nobles, Chevaliers, and principal Burghers of the town, as also the married persons and other inhabitants, shall be allowed to enjoy the same privileges as shall be granted to the Town and its Captain; and in case any of them shall be desirous of remaining under the obedience of the Netherlands Government, they shall be allowed to have free

and undisturbed possession of their houses, goods, villages, and whatever else may belong to them, and shall be treated as natural-born Dutchmen. With respect to their religious worship, a church with priests shall be provided for them, who, together with the clergy, shall be allowed to exercise their religious services free and unmolested; and those who shall afterwards be desirous of proceeding to the opposite shore or coast of India shall be allowed to sell and alienate their movable and immovable property freely and unmolestedly, and vessels shall be provided for the free transport of themselves and their effects as stated before, excepting those who have ships of their own, and trade with them to various places, and who shall pay duty as they have hitherto done. Further, the inhabitants who remain at this place shall be at liberty to live and provide for themselves in the manner above recited.

VIII.

The merchants and strangers, Europeans as well as natives, who have arrived at this town with their vessels from various places, for the purpose of trading, shall be permitted to carry with them their movable goods, gold, silver, and merchandise which they have purchased, and especially the cinnamon of the King or of the town, as well that which has already been shipped as that which may yet be shipped on board; and they shall moreover be supported and a passage provided for them at their own expense; and in case they shall be in want of mariners, they shall be furnished with such.

IX.

In like manner, the coloured inhabitants of this place, both married and unmarried, and strangers of all classes, shall be allowed to enjoy the same privileges as have been asked for the Portuguese Burghers and married people.

X.

The Modliars, Aratchies, and Lascoreens, who have hitherto served the Portuguese, whether they have come to us from the service of the Netherlands Company or from that of his Majesty, shall be allowed to proceed (without any hindrance) to whatever place they please.

XI. AND XII.

Likewise, the crime committed by Simon Lopes de Basto, a Portuguese, who has served the Dutch for some time, shall be forgiven, and he shall be allowed to proceed in company with the Generals. The offences committed by Dutchmen who have taken up arms on our side shall not be imputed to them, but they shall be allowed freely to depart together with our soldiers.

XIII.

That all sick and wounded soldiers and married people shall be allowed to remain in the hospital until they be cured and restored to health, and that they be provided on their voyage (if it cannot be done at the expense of the King) at the expense of the Honourable Company.

XIV.

The

At the surrender of the town, and when the Dutch shall take possession thereof, the Honourable the Governor shall prevent any harm, violence, or disrespect being done or shown to the Generals and the principal persons. soldiers and married persons with their wives and children shall in like manner be protected from molestation, and remain under the protection of the Governor, either within or without the town, in safety and security, so that they may not be attacked by the people of the King of Kandy.

(Signed) ANTHONIO DE SOUZA CONTINHO.

THE Answer of the Governor and Chief Officers of the Dutch Army given in the name of his Imperial Majesty of Ceylon and the High and Mighty Lords, the States General of the Free United Netherlands, the Honourable the Directors of the East India Company, and the Honourable the Governor General Joan Matsuyker, and the Honourable Council of India, to the proposals and request of the Chief Commanders of the Fort of Colombo, made through the Deputies of their Council.

That the surrender shall be made before noon, and thereupon the privileges hereinafter mentioned shall be granted.

The clergy shall have all the privileges mentioned in the second Article, and until their departure two suitable places shall be provided for them.

As to the third Article, the Governor answers, that it is not possible, for certain reasons, to transport the Generals to Tutucoreen or Manaar at the present time, but that they shall be sent thither, or to Cochin, or Wingwella, on the first opportunity; but if they wish to go to the coast of Coromandel they shall be sent within fifteen days in the ships of the Company, and shall be allowed to carry with them their male and female slaves, as well as those of Mr. Christovan de Souza, and their servants; and it shall be left to their honour not to take away anything else. They shall also be at liberty to carry with them all their property, gold, silver, rings, and precious stones; and until their departure they may remain in their houses as required by the aforesaid Article.

The officers referred to in the fourth Article shall be treated and protected according to their dignity against all insult and molestation, and they shall be at liberty to take with them, from the port, all their gold and silver articles, money, linen, and wearing apparel, and as regards male and female slaves they shall be treated agreeably to their condition. By wearing apparel shall also be understood bedding, carpets, quilts, blankets, and curtains.

The Captains in command, and those on half pay, of the Infantry shall march out with their arms, and shall also proceed to the coast of Coromandel, and shall be treated according to their ranks. They may also take with them so