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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A92483 Act for a Company Tradeing to Affrica and the Indies. June 26, 1695 Scotland. 1695 (1695) Wing S1076C; ESTC R43734 6,429 9

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and purchase such Rights Liberties Privileges Exemptions and other grants as may be convenient for supporting promoting and enlarging their Trade and Navigation from any foraign Potentate or Prince whatsoever in amity with His Majesty for which the general Treaties of Peace and Commerce betwixt His Majesty and such Potentates Princes or States shall serve for sufficient Security Warrand and Authority and if contrair to the said Rights Liberties Priviledges Exemptions Grants or Agreements any of the Ships Goods Merchandise Persons or other Effects whatsoever belonging to the said Company shall be stopt detained embezled or away taken or in any sort prejudged or damnified His Majesty promises to interpose his Authority to have restitution reparation and satisfaction made for the Damage done and that upon the publick Charge which His Majesty shall cause depurse and lay out for that Effect And farder it is hereby Statute that all Ships Vessels Merchandise Goods and other Effects whatsoever belonging to the said Company shall be free of all manner of Restraints or Prohibitions and of all Customs Taxes Cesses Supplies or other Duties Imposed or to be Imposed by Act of Parliament or otherwise for and during the space of twenty one Years excepting alwise the whole Duties of Tobacco and Sugar that are not of the growth of the Plantations of the said Company And farder it is Enacted that the said Company by Commission under their common Seal or otherwise as they shall appoint may make and constitute all and every their Directors Governours and Commanders in chief and other Officers civil or military by Sea or by Land as likewise that the said Company may Inlist Inroll Agree and Retain all such Persons Subjects of this Kingdom or others whatsoever as shall be willing and consent to enter into their Service or Pay providing always that they Uplift or Levy none within this Kingdom to be Soldiers without Leave or Warrand first obtained from His Majesty or the Lords of His Privy Council over which Directors Governours Commanders in chief or other Officers civil or military and others whatsoever in their Service and Pay the Company shall have the power command and disposition both by Sea and Land And it is farder Statute that no Officer civil or military or other Person whatsoever within this Kingdom shall Impress Entertain Stop or Detain any of the Members Officers Servants or others whatsoever off or belonging to the said Company and in case the said Company their Officers or Agents shall find or understand any of their Members Officers Servants or others aforesaid to be Impressed Stopped or Detained they are hereby authorized and allowed to take hold of and release the foresaid Person Impressed or Stopped in any part of this Kingdom either by Land or Water and all Magistrates and others His Majesty's Officers civil or military and all others are hereby required in their respective Stations to be aiding and assisting to the said Company under the pain of being lyable to all the Loss Damage and detriment of the said Company by reason of the foresaid Persons their neglect And farder that the said Company whole Members Officers Servants or others belonging thereto shall be free both in their Persons Estates and Goods employed in the said Stock and Trade from all manner of Taxes Cesses Supplies Excises Quartering of Souldiers Transient or Local or Levying of Souldiers or other Impositions whatsoever and that for and during the space of twenty one Years And lastly all Persons concerned or to be concerned in this Company are hereby declared to be free Denizons of this Kingdom and that they with all that shall settle to inhabit or be born in any of the foresaid Plantations Collonies Cities Towns Factories and other Places that shall be purchast and possest by the said Company shall be repute as natives of this Kingdom and have the Priviledges thereof And generally without Prejudice of the Specialities foresaid His Majesty with consent foresaid gives and grants to the said Company all Power Rights and Priviledges as to their Persons Rules Orders Estates Goods and Effects whatsoever that by the Laws are given to Companies allowed to be erected for manufactories or that are usually given in any other civil Kingdom or Common-wealth to any Company there erected for Trade and Commerce And for the better Establishment and greater Solemnity of this Act and Gift in favours of the said Company His Majesty doth farder Ordain Letters Patent to be expede hereupon containing the whole Premises under the Great Seal of this Kingdom for doing whereof Per Saltum Thir Presents shall be sufficient Warrand both to the Director and Chancellor or Keeper of the Great Seal as use is in like Cases Extracted furth of the Records of Parliament by TARBAT Cls. Registri Edinburgh Printed by the Heirs and Successors of Andrew Anderson Printer to His most Excellent Majesty 1695.
Stock or capital Fond otherwise than is above appointed and with this express provision that whatever charges the Company may be put to by the contending of any of their Members Deceased or of their Assigneys Creditors or any other persons in their Rights The Company shall have retention of their Charges and Expenses in the first place And the Books Records and Registers of the said Company or authentick Abstracts or Extracts out of the same are hereby Declared to be good and sufficient for evidents in all Courts of Judicator and elsewhere And His Majesty with advice foresaid farder Statutes and Declares that the said John Lord Belhaven Adam Cockburn of Ormistoun Lord Justice Clerk Mr. Francis Montgomery of Giffen Sir John Maxwell of Pollock Sir Robert Chiesly present Provest of Edinburgh John Swintoun of that Ilk George Clarke late Baillie of Edinburgh Mr. Robert Blakewood and James Balfour Merchants in Edinburgh and John Corss Merchant in Glasgow William Paterson James Foulis David Nairn Thomas Deans Esquires James Chiesly James Smith Thomas Coutts Hugh Frazer Joseph Cohen D' Azevedo and Walter Stewart Merchants in London and others to be joined with or assumed by them in manner above-mentioned and their Successors or major part of them assembled in the said Company shall and may in all time coming by the plurality of Votes agree make constitute and ordain all such other Rules Ordinances and Constitutions as may be needful for the better government and improvement of their joint Stock or capital Fond in all matters and things relating thereunto To which Rules Ordinances and Constitutions all Persons belonging to the said Company as well Directors as Members thereof Governours or other Officers civil or military or others whatsoever shall be subject and hereby concluded as also to administrate and take Oaths de fideli and others requisite to the management of the foresaid Stock and Company And the said Company is hereby impowered to Equip Fit set out Fraught and Navigate their own or hired Ships in such manner as they shall think fit and that for the space of ten years from the date hereof notwithstanding of the Act of Parliament one thousand six hundred and sixty one Years Intituled Act for encouraging of Shipping and Navigation wherewith His Majesty with Consent foresaid dispenses for the said time allanerly in favours of the said Company and that from any of the Ports or Places of this Kingdom or from any other parts or places in amity or not in Hostility with His Majesty in Warlike or other manner to any Lands Islands Countries or Places in Asia Affrica or America and there to plant Collonies build Cities Towns or Forts in or upon the places not Inhabited or in or upon any other place by consent of the Natives and Inhabitants thereof and not possest by any European Soveraign Potentate Prince or State and to provide and furnish the foresaid Places Cities Towns or Forts with Magazins Ordnance Arms Weapons Amunition and stores of War and by force of Arms to defend their Trade and Navigation Collonies Cities Towns Forts and Plantations and other their effects whatsoever as also to make Reprisals and to seek and take reparation of Damage done by Sea or by Land and to make and conclude Treaties of Peace and Commerce with the Soveraigns Princes Estates Rulers Governours or Proprietors of the foresaid Lands Islands Countries or Places in Asia Affrica or America Providing always Likeas It is hereby specially provided That all Ships imployed by them shall return to this Kingdom with their effects under the pain of Confiscation Forfaulture and Seizure of the Ship and Goods in case of breaking of Bulk before their Return excepting the case of Necessity for preserving the Ship Company and Loading allanerly And His Majesty with Consent foresaid doth farder Statute and Ordain that none of the Leidges of this Kingdom shall or may Trade or Navigat to any Lands Islands Countries or Places in Asia or Affrica in any time hereafter or in America for and during the space of thirty one Years to be counted from the passing of this present Act without Licence and Permission in writing from the said Company certifying all such as shall do in the contrair hereof that they shall Forfault and Amit the third part of the Ship or Ships and of the Cargo or Cargoes therein Imployed or the value thereof the one half to His Majesty as Escheat and the other half to the use and benefit of the said Company For the effectual execution whereof it shall be lawful to the said Company or any Imployed by them to sieze the said Ships and Goods in any place of Asia or Affrica or at Sea upon the Coasts of Asia or Affrica upon the transgression foresaid by force of Arms and at their own hand and that without the hazard of incurring any Crime or Delinquencie whatsomever on account of the said Seizure or any thing necessarly done in prosecution thereof Excepting always and without prejudice to any of the Subjects of this Kingdom to Trade and Navigat during the said space to any part of America where the Collonies Plantations or Possessions of the said Company shall not be settled And it is further hereby enacted That the said Company shall have the free and absolute Right and Property only relieving and holding of his Majesty and his Successors in Soveraignty for the only acknowledgment of their alledgeance and paying yearly a Hogshead of Tobacco in name of Blench-duty if required allanerly in and to all such Lands Islands Collonies Cities Towns Forts and Plantations that they shall come to Establish or Possess in manner aforesaid As also to all manner of Treasures Wealth Riches Profits Mines Minerals Fishings with the whole product and benefit thereof as well under as above the Ground and as well in Rivers and Seas as in the Lands thereto belonging or from or by reason of the same in any sort together with the Right of Government and Admirality thereof And that the said Company may by vertue hereof grant and delegat such Rights Properties Powers and Immunities and permit and allow such sort of Trade Commerce and Navigation into their Plantations Collonies Cities Towns or Places of their Possession as the said Company from time to time shall judge fit and convenient with power to them to impose and exact such Customs and other Duties upon and from themselves and others Trading with and coming to the said Plantations Cities Towns Places and Forts and Harbours thereof as the Company shall think needful for the maintainance and other publick uses of the same Holding always and to hold the whole Premisses of his Majesty and his Successors Kings of Scotland as Soveraigns thereof and paying only for the same their acknowledgment and allegiance with a Hogshead of Tobacco yearly in name of blench-Blench-Duty if required for all other Duty Service Claim or Demand whatsoever With power and liberty to the said Company to Treat for and to procure