would submit to such Regulations as His Majesty should judge proper and most likely to advance the Trade And the Company having fully agreed to it and declared their Resolution in writing His Majesty commanded a Committee of His Privy Council to prepare Regulations which they did and offered them to the Company But the Company notwithstanding their Declaration of Submission rejected almost all the Material Particulars So that His Majesty finding That what possibly the House of Commons might have expected and Indeed was necessary to Preserve this Trade could not be perfected by His own Authority alone and that the Company could not be induced to consent to any such Regulations as might have answered the Intentions of the House of Commons and That the Concurrence of the Parliament is requisite to make a complete and useful Settlement of this Trade has directed all the Proceedings in this matter to be laid before them and recommends to them the preparing of such a Bill in order to pass into an Act of Parliament as may establish this Trade on such Foundations as are most likely to preserve and advance it Upon this Message the Honourable House of Commons took into Consideration the Settlement of the said Trade but finding the same Obstructed by the then Companies great Opposition toward the End of the Session Viz. Sabbati 25 die Februarii 1692. Resolved That an Humble Address be presented to His Majesty That He will Dissolve the East-India Company upon Three Years Warning to the said Company according to the Power reserved in their Charter Resolved That the said Address be Presented by the whole House Veneris 30 die Martis 1692. Mr. Speaker Reported to the House That he did yesterday Present to His Majesty their Address touching the East-India Company and that His Majesty was pleased to Express Himself to this Effect viz. Gentlemen I will always do all the Good in My Power for this Kingdom and I will Consider your Address Notwithstanding the aforesaid Propositions some time after several other Regulations were agreed on to Establish the said Company by adding New Subscriptions to their Stock Without any Security to be given to make that Stock worth any thing at all But those Regulations did not pass into a Charter the late Company having made default in Paying in the first Quarterly Payment of the Tax charged on their Joynt-Stock according to the Tenour of the Act of Parliament whereby their former Charters became absolutely Void in Law However the Late Company by their Industrious Application have since procured A NEW CHARTER for Restoring and Confirming all their former Grants which passed under the Great Seal the Seventh day of October 1693. Which New Charter follows in these Words Viz. WIlliam and Mary By the Grace of GOD King and Queen of England Scotland France and Ireland Defenders of the Faith c. To All to whom these Presents shall come Greeting Whereas the Governour and Company of Merchants of London Trading into the East-Indies have been of long time to the Honour and Profit of this Nation a Corporation and have enjoyed divers Liberties Priviledges and Immunities by force of several Charters and Letters Patents heretofore Granted to them by several of Our late Royal Predecessours * Recital of several of their former Charters more particularly by Letters Patents of Our late Royal Uncle King Charles the Second under the Great Seal of England bearing Date the Third day of April in the Thirteenth year of His Reign and by one other Charter or Letters Patents of the said King Charles the Second under the Great Seal of England bearing Date at Westminster the 27 day of March in the 20 year of His Reign and by one other Charter or Letters Patents of the said K. Char. II. bearing date at Westminster the 16 day of December in the 25 year of His Reign and by one other Charter of Letters Patents of the said late K. Char. II. bearing date the 9 day of August in the 35 year of His Reign and also by a Charter or Letters Patents of the late K. James II. bearing date at Westminster the 12 day of April in the Second year of His Reign And whereas some Doubt or Question hath of late been made touching the Dalidity of the Charters of the said Company and whether the same be not in strictness of Law Void by the not actual Payment into the Receipt of Our Exchequer of the First Quarterly Payment of the Tax of 5 L. per Cent. Charged on the General Joynt-Stock of the said Company according to an Act made in the Last Session of this present Parliament entituled An Act for Continuing certain Acts therein mentioned and for Charging several Ioynt-Stocks Now Know ye That We taking the Premisses into Our Royal Consideration and well weighing what Disorders and Inconveniencies would befal the said Company and other Persons concerned and employed in their Trade and Adventures especially in the Remote Parts of the World if We should take Advantage of the Forfeiture aforesaid if any be And We being willing that the said Governour and Company or late Governour and Company of Merchants of London Trading into the East-Indies and their Successours should Have and Enjoy all such and the like Lawful Powers Priviledges Advantages and Immunities and in as ample manner to all intents and purposes as if the said First Quarterly Payment of the said Tax had been duely and regularly Made according to the said Act * Their Majesties Grant that the Members of the late Company Of Our especial Grace certain Knowledge and meer Motion have made ordained constituted declared and appointed and by these Presents for Us Our Heirs and Successours do make ordain constitute declare and appoint That Sir Tho. Cooke Knight and one of the Aldermen of Our City of London Francis Tyssen Esq George Earl of Berkley Sir John Fleet Knight Lord Mayor of Our City of London S r Josiah Child Baronet Sir William Langhorne Baronet Sir Benjamin Bathurst Knight Sir John Moore Knight and one of the Aldermen of Our City of London Sir Samuel Dashwood Knight and one of the Aldermen of Our City of London Sir Edward Des Bouvery Knight Sir Tho. Rawlinson Knight Sir William Gore Knight and one of the Aldermen of Our City of London Sir Jos Herne Knight Sir Rowland Aynsworth Knight John Perry Esq Geo. Boune Esq Ric. Hutchinson Jun. Esq Frederick Herne Esq Ralph Marshall Esq Ric. Acton Jo. Cooke of Hackney Francis Gosfright John Dubois Isaac Houblon Samuel Ongley and Nathaniel Mounteney Gentlemen and all and every other Person and Persons who were Members of the said Company or Late Company of Merchants of London Trading into the East-Indies on the 24 day of March now last past who have not since parted with their Stocks in the said Company * Together with all persons come into the Company since the 24 of March 1693. be incorporated by the name of the Governour and Company c.
And all and every other Person and Persons who since the 24 day of March last past by Buying Stock or otherwise have come into and remain in a capacity of being Members of the said Company be and shall be one Body Corporate and Politick in Deed and in Name by the Name of the Governour and Company of Merchants of London Trading into the East-Indies and them by the Name of the Governour and Company of Merchants of London Trading into the East-Indies one Body Corporate and Politick in deed and in name really and fully for ever for Us Our Heirs and Successours We do make declare establish and confirm by these presents under and subjects to the Provisoes and Conditions and upon the terms hereafter in these presents mentioned and that by the same name of the Governour and Company of Merchants of London Trading into the East-Indies they shall have perpetual Succession and that they and their Successors by the name of the Governour and Company of Merchants of London Trading into the East-Indies be and at all times shall be Persons able and a Body Corporate and Politick * And that they shall be capable to Purchase Lands pc capable in Law to have purchase receive possess enjoy and retain Lands Rents Priviledges Liberties Jurisdictions Franchises and Hereditaments of what kind nature or quality soever they be to them and their Successors and also to give grant demise alien assign and dispose Lands Tenements and Hereditaments and to do and execute all and singular other things by the same name that to them shall or may appertain to do And that they and their Successors by the name of the Governour and Company of Merchants of London Trading into the East-Indies may Plead and be Impleaded To Answer and be Answered Defend and be Defended c. Answer and be Answered Defend and be Defended in whatsoever Courts and Places and before whatsoever Judges and Justices and other Persons and Officers in all and singular Actions Pleas Suits Quarrels Causes and demands whatsoever of whatsoever kind nature or sort in such manner and form as any other Our Liege People of this Our Realm of England being Persons able and capable in Law may or can have purchase receive possess enjoy retain give grant demise alien assign dispose plead defend and be defended release and be released To have a Common Seal do permit and execute And that the said Governour and Company of Merchants of London Trading into the East-Indies and their Successors may have a Common Seal to serve for all the Causes and Businesses of them and their Successors And that it shall and may be lawful for the said Governour and Company and their Successors the same Seal from time to time at their Will and Pleasure to break change and to make new or alter as to them shall seem expedient And further We will and by these presents for Us Our Heirs and Successors We do Ordain That there shall be To have one Governour one Deputy-Governour and 24 Committees one of the same Company who shall be and shall be call the Governour of the said Company and also one other of the said Company who shall be and shall be called the Deputy-Governour of the said Company and that there shall likewise be Twenty Four of the said Company who shall be and shall be called the Committees of the said Company who together with the Governour of the said Company for the time being shall have the direction of the Voyages of or for the said Company and the Provision of the Shipping and Merchandizes thereunto belonging and also the Sale of all Merchandizes Goods and other things return'd in all or any of the Voyages or Ships of or for the said Company and the managing and handling of all other business affairs and things belonging to the said Company And for the better execution of Our said Will and Grant in this behalf we have assigned nominated constituted made and confirmed and by these Presents for Us Our Heirs and Successors And that Sir Tho. Cooke be the first Governour do assign nominate constitute make and confirm the said Sir Thomas Cooke to be the present Governour of the said Company and to continue in the said Office from the Date of these presents until the 10th day of April now next following if the said Sir Tho. Cooke shall so long live or until a new Governour be chosen by the said Company as heretofore hath been used and accustomed And we have also nominated constituted made and confirmed Francis Tyssen the first Deputy Governour and by these presents for Us Our Heirs and Successors do nominate constitute make and confirm the said Francis Tyssen to be the present Deputy-Governour of the said Company and to continue in the said Office from the Date of these Presents until the said 10 day of April now next following if the said Francis Tyssen shall so long live or until a new Deputy-Governour be chosen be chosen by the said Company as heretofore hath been used and accustomed And We have also nominated constituted made and confirmed and by these Presents for Us Our Heirs and Successors do nominate constitute make and confirm the said * George Earl of Berkley Sir John Fleet c. the first Committees George Earl of Berkley Sir John Fleet Sir Josiah Child Sir William Langhorne Sir Benjamin Bathurst Sir John Moore Sir Samuel Dashwood Sir Edward Des Bouvery Sir Thomas Rawlinson Sir William Gore Sir Joseph Herne Sir Rowland Aynsworth John Perry George Boune Richard Hutchinson Junior Frederick Herne Ralph Marshall Richard Acton John Cook of Hackny Francis Gosfright John Dubois Isaac Houblon Samuel Ongley and Nathaniel Mounteney to be the 24 present Committees of the said Company from the Date of these Presents until the said 10 day of April next following or until a New Committee shall be chosen by the said Company as in that case hath been also formerly used and accustomed * Provided they severally take the Oaths appointed instead of the Oaths of Allegiance and Supremacy and also the Oaths of their respective Offices Provided always and We do hereby require and command That the Governour herein before-named shall before he be admitted to the Execution of the said Office Take the Oaths appointed to be Taken by a late Act of Parliament made in the First year of Our Reign entituled An Act for the Abrogating of the Oaths of Supâ—emacy and Allegiance and appointing other Oaths And also a Corporal Oath That he shall and will from time to time well and truly Execute the Office of Governour of the said Company before the said Deputy-Governour and any Five or more of the Committees herein before-named To whom We do hereby give full Power and Authority to Give and Administer the said Oaths to the said Governour accordingly And also that the Deputy-Governour and 24 Committees herein before named and constituted shall respectively take the
said Oaths appointed by the said late Act of Parliament and also a Corporal Oath That they will faithfully and truly Execute their said several and respective Offices of Deputy-Governour and Committees of the said Company before the said Sir Thomas Cooke herein before named and constituted to be the present Governour of the said Company To whom We do hereby give full Power and Authority to Give and Administer the said Oaths to the said Deputy Governour and Committees accordingly And of Our further especial Grace certain Knowledge and meer Motion * That all Acts done by and to the late Company since the 24 of March 93. be ratified and confirmed We have ratified and confirmed and do by these presents Ratifie and confirm all Acts done by and unto the said Governour and Company or late Governour and Company since the said 24 day of March last by virtue or colour of their said former Charters or any of them to be as valid and effectual as if the said First Quarterly Payment of the said Tax had been duly made according to the said Act and the said former Charters had not been forfeited or made void And We have also given granted restored and confirmed and by these presents for Us Our Heirs and Successors do give grant restore and confirm unto the Governour and Company of Merchants of London Trading into the East-Indies That all their Plantations Joynt-Stock Goods and Chattels Powers Priviledges and all other things be restored and confirmed to the said Company which were or might be lawfully used or enjoyed hereby constituted and confirmed and their Successors all and every the Ports Islands Plantations Territories Castles Forts Fortifications Ordnance Armour Artillery Munition Arms Guns Powder Shot Victuals Magazins Stores Ammunition and Provisions of War Ships Junks Vessels Boats Joynt-Stock Manors Lordships Mesuages Houses Lands Tenements Hereditaments Goods Wares Merchandizes Cattel Chattels Real and Personal Debts Dues Duties Right of Actions and Demand in Law or Equity Powers Priviledges Liberties Franchises Jurisdictions Customs Rights Royalties Immunities and Advantages whatsoever and all other things Which were lawfully held received used exercised or enjoyed or might or ought to have been lawfully held received used exercised or enjoyed by the said Governour and Company or late Governour and Company of Merchants of London Trading into the East-Indies on or before the said 24 day of March now last or at any time since by force or virtue of any Grants Charters or Letters Patents whatsoever heretofore granted unto them or mentioned to be granted or confirmed to them by any of Our late Royal Predecessors Kings or Queens of England by any Style or Title of Incorporation whatsoever or otherwise howsoever and under and subject to the several and respective Proviso's Limitations Clauses and Restrictions herein and in the said former Grants Charters and Letters Patents or any of them contained * To have and to hold the said Powers c. in such manner as they might or ought lawfully to have held and enjoyed the same as if the said Powers were at large recited To Have Hold Vse Exercise and Enjoy the said Ports Islands Plantations Territories Castles Powers Priviledges and all and singular other the Premisses herein before mentioned and intended to be hereby granted and restored and every of them unto the said Governour and Company of Merchants of London Trading into the East-Indies and their Successors in such and the same manner and to and for such and the same intents and purposes in all things as the said Governour and Company or late Governour and Company of Merchants of London Trading into the East-Indies might or ought lawfully to have held used exercised or enjoyed the same on or at any time before the said 24 day of March now last past As if the same Powers Priviledges and Immunities and other the premisses were hereby particularly granted and the Letters Patents concerning the same at large recited Under and subject nevertheless to the Proviso's Restrictions and Limitations contained in these Presents and in the former Charters to the said Company * Provided that if the said Company do not submit and conform to such alterations restrictions and qualifications as the King shall make before the 29. Sept. next it shall be lawful for His Majesty to revoke this Charter Provided alwayes and upon condition nevertheless and Our Express Will and Meaning is That if the saiâ— Governour and Company of Merchants of London Trading into the East-Indies and their Successors do not accept of and from time to time and at all times hereafter Act according to and put in due and effectual Execution and Submit and Conform in all things unto such Orders Directions Additions Alterations Restrictions and Qualifications relating to the Constitution Continuance Determination Rights Powers or Priviledges of the said Company or the Government thereof or of the said Governour and Company or the Encouragement Management Regulation or Advancement of Trade or of the present or future Joint-Stock of the said Company Or concerning any future Subscriptions to be made by way of Increase or Addition to the Joint-Stock Or for Ascertaining the true Values of the said Joint-Stock at and during the times of any such future Subscriptions which and as We Our Heirs or Successors by the Advice of Our or Their Privy Council shall from time to time at any time before the 29 day of September which shall be in the year 1694 think fit to make insert limit direct appoint or express in or by any further or other Charter Letters Patents or other Writing or Instrument under Our or Their Great Seal of England Then and in each and every of the Cases aforesaid it shall and may be lawful to and for Us Our Heirs and Successors by Letters Patents under Our or Their Great Seal of England To determin revoke and make void these Presents and the Grant hereby made And from and immediately after the Passing of such Letters Patents of Revocation or Determination under the Great Seal of England these Presents and all the Powers Priviledges Grants and other things herein contained shall cease determin and be absolutely void to all intents and purposes any thing to the contrary notwithstanding And further We have given granted and restored and by these Presents for Us Our Heirs and Successors do give grant and * That the said Companies Debts be restored to them restore unto the said Governour and Company or late Governour and Company and their Successours all and every such Debts Summs of Money Duties and Demands whatsoever in Law or Equity which to the said Governour and Company or late Governour and Company were grown due or payable at any time before or on the 24 day of March now last past or which are since grown due or payable or shall hereafter grow due or payable by any person or persons whatsoever as well Our Natural-Born-Subjects as Aliens and Strangers Giving and by these Presents
Granting unto the said Governour and Company and their Successors full Power and Authority to ask * With a Power to sue for and recover the same sue for and recover the same by all lawful ways and means whatsoever either in the Name of Us Our Heirs or Successors or in the Name of the said Company or otherwise as Law or Equity shall require or admit of and to retain the same to their own use and benefit upon under and subject to the Trusts Intents and Purposes herein after mentioned as fully and amply to all intents and purposes as if the said first Quarterly payment of the said Tax had been duely and regularly made into our Exchequer according to the said late Act of Parliament in that behalf * Provided that all the Manors Lands Goods and Estate of the said Company shall be and are made subject and chargeable with all their Debts to any persons as well Subjects as Strangers Provided always and it is intended and agreed and Our Express Will and Pleasure is That the said Governour and Company hereby constituted and their Successors and all the Mannors Lands Tenements Goods Wares Merchandizes Chattels real Chattels personal and other the Premisses hereby granted and confirmed or mentioned to be granted and confirmed and every of them and every part and parcel thereof shall be and are hereby made subject and lyable to and charged and chargeable with all and every such Debts and Sums of Money Duties and Demands whatsoever in Law or Equity which the said Governour and Company or late Governour and Company do now owe or are indebted or subject or liable to or which at any time before or on the said 24th day of March now last past or since did owe or were indebted or subject or liable to any person or persons whatsoever as well Our Natural Born Subjects and persons Endenized or Naturallized as Aliens and Strangers and that the same shall and may be Sued for and recovered in such and the like manner to all intents and purposes as if the said first Quarterly Payment of the said Tax had been duly and regularly made into our Exchequer according to the said late Act of Parliament in that behalf and as if the said former Charters had not been forfeited or made void And our further Will and Pleasure is and we do by these presents for us Our Heirs and Successours Grant unto the said Governour and Company or late Governour and Company of Merchants of London Trading into the East-Indies and their Successors That these Our Letters Patents and all and singular the Powers Clauses and Grants therein contained shall be and continue sufficient and available in Law and shall be construed and taken as well to the meaning and intent as to the general words of the same most beneficially and for the best advantage of the said Governour and Company or late Governour and Company and their Successors under and subject to the Proviso's Restrictions and Limitations herein and in the said former Letters Patents contained Notwithstanding the not mentioning or not true reciting of any former Grants Charters or Letters Patents heretofore Granted to the said late Governour and Company or any of their Predecessors by any of the late Kings or Queens of England or any other person or persons whatsoever or the not mentioning or reciting of any Castles Forts Plantations Lands Powers Liberties Priviledges Advantages or other matters or things in the said Grants or Letters Patents or any of them granted or mentioned to be granted or confirmed * Provided if the said Company do not on the 25 Decemb. next Pay 9300 L. into thâ— Exchequer for the last Quarterly Payment of their Tax t is Châ—rter shall be void Provided alwayes and these Presents are and shall be upon this Condition That if the said Governour and Company hereby Constituted shall not Pay into the Receipt of Our Exchequer at Westminster for Our Use upon the 25 day of December next ensuing the Date hereof the full Summ of Nine Thousand Three Hundred Pounds of good and lawful Money of England in lieu and satisfaction for the last of the Four Quarterly Payments appointed to be paid unto Us by the late East-India Company by virtue of the Act of Parliament herein before-mentioned for Charging of Joint-Stocks Then and from thence-forth these Presents and all things herein Contained shall cease determin and be utterly void to all intents and purposes any thing herein contained to the Contrary notwithstanding In Witness whereof We have caused these Our Letters to be made Patents Witness Our Selves at Westminster the Seventh day of October in the Fifth Year of Our Reign Pigott By Writ of Privy Seal FINIS