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A35860 A Dialogue between a director of the new East-India Company and one of the committee for preparing by-laws for the said company in which those for a rotation of directors and the preventing of bribes are particularly debated. 1699 (1699) Wing D1293; ESTC R343 20,712 32

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the Commanders Licences to trade we may expect they will be more favourable to their own Interest than that of the Company by how much the one is nearer to them than the other And when Directors may freight their own Ships any Tool they have will be adjudged fit for our Service whereas when they are not concern'd themselves and so not byass'd by their Interest they will not fail to be curious and nice in their Choice and we shall be sure to have the best and properest Ships the Kingdom affords and upon the best Terms To let the Directors be both Buyers and Sellers of their own Commodities and letting and hiring their own Ships is the same thing would be an unaccountable folly in us and I hope the loss and inconveniences the Old Company have suffered by that Liberty will be a sufficient warning to us to avoid the same Errour At present there are not many of our Directors concern'd in such Shipping as is proper for the India Trade therefore this By-Law can be only an Inconvenience to a few and why we should for the Advantage of five or six Directors neglect the making of a Law that will for ever secure the Company from many mischiefs which may attend us by wanting such a Law is what I cannot understand besides it will be less prejudicial to the Directors and easier obtain'd to make such a By-Law now while they are little concern'd in Shipping than hereafter when by such a Liberty their Concern in it is become much greater And without pretending to a Spirit of Prophecy I will affirm that before we are six Months older those Directors who are not concern'd in the Shipping you shall freight for this Season will not have such an aversion to this By-Law as they now seem to have If any Director have a small Part of a Ship that is fit for the India Trade which by this Law cannot serve the Company till that Director hath sold his Part the rest of the Owners will readily buy it almost on his own Terms to make her free for the Company 's Service so that in that Case which is thought the hardest the Director can suffer no Loss but will be rather a Gainer But if his Part be very large every one may guess how that will byass him to the Company 's Prejudice It may be said those Directors that are not concern'd in Shipping may hire Ships adjust Damages Demurrages c. But every body knows how apt those that sit at the same Board are to favour one another so that such a Method will but deceive us and can be no Security to the Company besides those Directors that have not been concern'd in Shipping will want Skill and Experience to manage those Affairs and cannot be thought so proper to compose a Committee of Shipping as others that have been long acquainted with the nature of it And while I am speaking of Committees let me observe to you that a By-Law for a Change or Rotation amongst the several Committees as well as amongst the Directors at the Annual Election would in my Opinion be of great Advantage and Security to the Company both for preventing Corruption and giving each Director an opportunity to be acquainted with all the Affairs of the Company whereas by continuing the same Committees they will be almost Strangers to all other Business but that under their particular management We have liberty by our Charter to make what By-Laws we please for our Security and good Government and since we have seen those Rocks and Sands on which the Old Company have split we shall be extreamly wanting to our selves and our Posterity if we do not provide sufficiently against them but suffer our selves to be bubled out of our Safety and Senses by Sophistry and false Reasoning D. You seem mighty warm for your By-Laws as if they were so great a Security to the Company against the ill Practices of the Directors whereas if we were ill Men it would require no great thought or cunning to elude the force of most of them and more particularly your By-Law about Shipping and that against receiving Gifts or Bribes as you call them therefore when all is done you must trust to our honesty C. I am senlible there is a great deal of Truth in what you now say yet it is no good Argument against having By-Laws because ill Men may elude them they will however be some Awe and Restraint upon them if ever we should have such Directors lest they should be discover'd But if By-Laws cannot restrain them or secure us nor Mens Integrity be intirely depended upon by reason of the general Corruption of Mankind then as I said before with which I will conclude The best and only good Security we can have against the evil Practices of bad Men and subjecting our best Men to Temptations will be a frequent change of Hands by a thorow Rotation of the Directors in the space of three Years For if the Directorship be but of a short continuance and none enjoy it above three Years successively they cannot have time to form and accomplish private Designs before they be removed for those that succeed them will discover their Intrigues and break all their Measures And which may be of no small Advantage and Security to us Men will be at a loss where to place their Gifts when the Power and opportunity of recompencing them is by this means become so precarious and uncertain FINIS Advertisement THis Dialogue was prepared several Months ago but the Publication of it was defer'd till the By-Laws to be proposed to the General Court were finish'd by which means some Passages in it may have elapsed their time BOOKS sold by Andrew Bell in Cornhil DIscourses concerning Government by Algernon Sidney Son to Robert Earl of Leicester and Ambassador from the Commonwealth of England to Charles Gustavus King of Sweden Published from an Original Manuscript of the Author Price 16 s. 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If we should allow them to accept of small things pray how shall we set them exact Bounds beyond which they are not to pass I am afraid such a Liberty would find no bounds and can no more be restrained than Water that breaks down the Banks which will overflow as well where we would not as where we are willing it should We have heard of Managers in another Company who have not contented themselves with Marrow-Bones China-Ware Tea and other little Rarities but have gone as high as a Bale of Muzlin of a great Value and in the pocket-Pocket-Book of the late Captain of the there was found written Given to such a Committee Man three hundred and fifty pound to hold one sixteenth of my Ship to another two hundred and fifty pound to hold such a Part and to a third one hundred and fifty pound to hold one two and thirtieth part Thus you see where Men have liberty they will not know where to stop Weak People may fancy that the Company lost nothing by what the Captain gave the Committee Men because it went immediately out of his pocket and not out of the Company 's but doubtless the Captain did not part with his Mony for Air he laid it out to good Advantage and that at the long run the Company paid for and not the Committee Men who received it D. But you have prepared another By-Law That once a Year a Committee of five whereof three to make a Quorum shall be chosen by the General Court to audit the Accompts and inspect the Proceedings of the Company and if they find any thing amiss to report it to the next General Court This is a By-Law we do extreamly disapprove it looks like the effect of Jealousie and will have ill consequences by betraying the Secrets of the Company to all the World and some things may be of that nature that the disclosing of them might be very prejudicial to the Affairs of the Company Besides it looks very unkind while we have done no unjustifiable Action but are labouring day and night for your Service that you should make this distrustful Law which it had been time enough to have done when you had known us do something amiss and moreover we are under an Oath which ties us to do you Justice and is alone a sufficient Security C. It seems strange to me and doubtless will do so to others that the Directors do so easily consent to all By-Laws wherein their Directorships or private Advantages are not concerned and at the same time should so violently oppose all By-Laws that would hinder them from doing us wrong and discover them when they do so If they intend to do nothing amiss why are they afraid of Laws that can hurt none but evil Doers Men that are honest and resolve to continue so need neither fear nor be concerned what severe Laws soever are made to punish those that are otherwise If a Law was preparing to inflict even Capital Punishment on such as should take a Bribe why should I oppose it except I intended to take one my self For however a Law of this Nature may be it can punish none but wilful Transgressours of it and such will not deserve pity for none can be surpriz'd and so transgress ignorantly or inadvertently and it is such only that merit Compassion and Relaxation of a severe Law What need you fear an Inspection of your Accompts and Proceedings if they be just and fair for then it will be for your Advantage to have the World know they are so whereas without such an Inspection you may lie under suspicion and an ill Character when you deserve it not so that methinks for your own Reputation even you your selves should desire such a By-Law And I hope it cannot be call'd Jealousie in us to believe you are Men like your neighbours We have heard of ill things frequently done by Persons in other publick Trusts and why then is it so unpardonable in us to think that it is possible at least for some of you to do so too when you are under the same Temptations We do this by way of Precaution and for Prevention and not because we suspect or know you to be ill Men already To let this By-Law alone till you have transgressed would be both imprudent in us and unsafe for you for Laws and the Fear of Detection and Punishment keep some Men in the right way whom Opportunity and Temptation would otherwise lead aside As to the Oath you mentioned I confess an Oath is so sacred a Thing that there would need no stronger Tye upon a truly conscientious Man but taking Men in general as they are there needs some additional Security and it is the declared Opinion of one of our eminentest Directors That one Bond is worth fifty Oaths But then you say this Committee will betray the Secrets of the Company and ill Consequences will attend it I hope both the Directors and the General Court will endeavour to chuse such Men for that Committee as have a fair Reputation for Honesty and Discretion and whose Interest it will be to keep all necessary Secrets of the Company If twenty four Directors can keep a Secret certainly five Committee-Men can do so too when they have all the same honest Obligations upon them to do it as the Directors They will be Members of the Company take the usual Oaths and be tyed by their Interests in the Stock equally with the Directors And if any thing of Moment shall be thought fit to be entrusted with a few Directors and concealed from the rest the same Reasons that made those rest satisfied without the knowledg of it will doubtless prevail with the Committee to be so too And as to secret Services at home I would not have them concealed for if we cannot thrive and support our Selves without Bribery and Corruption here it is more eligible to have the Company suffer any Inconveniences than be supported by such unwarrantable m●●n as have so long preserv'd the Old Company from a disolution D. There is I hear another ill-natur'd By-Law prepared which is that after Michaelmas 1699 no Director shall be concerned as an Owner in any Ships they hire for the Company so that if I have a Part of a Ship she cannot serve the Company because I am a Part-Owner which is a cruel hardship upon the Directors and may occasion the want of proper Ships to serve the Company C. We were chosen to prepare such By-Laws as we judged for the Safety and Advantage of the Company so that our Business is to pursue those Ends and not to consult the Profit and Conveniences of any particular Directors or Members of it Their Interest is not our Care to provide for where it may interfere with that of the Society as doubtless such a Liberty would do for if Directors might hire their own Ships or such as they are Part-Owners of adjust their Damages Demurrages Averages and allow