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A38195 An account of some transactions in the honourable House of Commons, and before the right honourable Lords of the King's most honourable Privy Council, relating to the late East=India Company together with the said companies new charter. England and Wales. Parliament. 1693 (1693) Wing E2503; ESTC R32900 21,455 28

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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 Sup●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