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england_n say_a ship_n vessel_n 2,979 5 10.5881 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A55327 Of trade 1. In general. 2. In particular. 3. Domestick. 4. Foreign. 5. The East-India. 6. The African. 7. The Turky. 8. The Spanish. 9. The Hamburgh. 10. The Portugal. 11. The Italian. 12. The Dutch. 13. The Russia. 14. The Greenland. 15. The Swedeland. 16. The Denmark. 17. The Irish. 18. The Scotland. 19. The plantation. 20. The French, &c. Also, of coyn. Bullion. Of improving our woollen manufacture. To prevent exporting wooll. Of ways and means to increase our riches, &c. By J.P. esq; to which is annex'd, the argument of the late Lord Chief Justice Pollexphen, upon an action of the case, brought by the East-India Company against Mr. Sands an interloper. Pollexfen, John, b. ca. 1638.; Pollexfen, Henry, Sir, 1632?-1691. Argument of a learned counsel, upon an action of the case brought by the East-India-Company. 1700 (1700) Wing P2780; ESTC R218994 111,770 258

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That if it should appear that any Manufactured Goods were broguht from the Indies that were a detriment to the Nation by hindring the Expence of such as were made here or that Raw Silk could not be brought from thence upon as good terms as from Turky that Provision might be made in the New Charter to prevent all Inconveniencies from such Commodities Upon this Petition these Arguments and others that were offered upon that occasion the King was pleased to direct that the Petitioners should propose some Methods how the said Stock and Adventurers should be inlarged without prejudice to his Customs and the Trade which were accordingly made but after some time all endeavours of that kind were rejected upon which many Merchant sand others having the opinion of Counsel Learned in the Law that the Clauses in the Charter impowering the Company to Seize the Ships or Goods of their fellow Subjects were Illegal did equip several Ships with Rich Cargoes to send to the Indies amongst the rest the Ship Commerce Captain Sands with 50000 l. Cargoe and although did not enter his Ship or Goods in the Custom-house for the Indies yet upon a Petition from the Company to the King Suggesting they were informed that the said Ship was designed for the East-Indies after several stops to his dispatch at the Custom-House an Order was sent to the Court of Admiralty that they should cause the said Ship to be Arrested until sufficient Security were given that the said Captain should not sail within the Limits of the East-India Companies Charter The said Ship being stopt and Men put aboard to keep possession that she might not stir Sands by Writ brought the Case to the Kings Bench at Westminster in order to get a Prohibition but after much Cost Charge and Delays a Prohibition was denyed him then the Company to ease themselves of the Charge of keeping their Men aboard obtained the following Letter HIS Majesty having Information that the Court of Kings Bench hath this day resolved not to grant a Prohibition to Sands the Interloper hath commanded me to signifie to you that it is his desire and pleasure that all care imaginable be used to continue the Ship in question under the Arrest of the Admiralty as now she is till it be otherwayes ordered by due course of Law And to the end there may be no possibility to break that Arrest and to sail away the Ship His Majesty would have all the Sails and the Rudder it self taken away by the proper Officer and secured so as no use may be made of them His Majesty is pleased to give this Order thus soon because it is told him That assoon as this News reacheth the Interlopers they may very probably direct and attempt to have the Ship sail away and consequently render the Judicial Resolutions of this day of no effect or avail to His Majesties Rights and just Prerogative February 10. 1682 3. The Contents of which Letter was exactly executed by the Admiralty and the Ship lay under the said Arrest Twelve Months notwithstanding all endeavours in Courts of Justice or elsewhere then the concerned sold their Ship and Cargoe with great Loss and so ended their Voyage Notwithstanding this discouragement other Merchants did equip other Ships and got them clear out of which the Company being informed they obtained an Order under the Kings Sign Manual to the Commander of the Phenix a Fourth Rate Frigat that he should sail to the East-Indies to secure the Trade granted by Charter to the East-India Company against Pyrates and Interlopers as might from time to time receive Directions from the General or Presidency at Surrat and accordingly the said Ship proceeded for the Indies and the said General and Companies Factors at Surrat did frequently by Letters advise the said Captain where fat Interlopers as they call them might be met with And for the further Security of the said Trade against Pyrates and Interlopers the Company gave Commissions to the Commanders of their own Ships under their Common Seal in these words The Governour and Company of Merchants Trading into the East-Indies to Captain N. T. THE Kings Most Excellent Majesty Having by His Royal Charter bearing date the 3d. day of April 1661 in the 13th Year of His Majesties Reign granted unto us the Trade of the East-Indies and declared that the Ports Cities Towns and places thereof shall not be Traded unto visited frequented or haunted by any others of His Majesties Subjects without our License upon pain of forfeiture of Ship and Goods and Imprisonment during His Majesties pleasure and that if we conceive it necessary we may send either Ships of War Men or Ammunition into any of our Factories or other places of Trade for the security and defence of the same and to chuse Commanders and Officers over them and to give them Power and Authority by Commission under our Common Seal or otherwayes to continue and make Peace or War with any Prince or People that are not Christians in any places of our Trade as shall be most for our advantage and benefit and also to right and recompence our selves upon the Goods Estates or People of those parts by whom we shall sustain any injury loss or damage or upon any other People whatsoever that shall any way interrupt wrong or injure us in our said Trade And that we may sieze the persons of such English or other of His Majesties Subjects in the said East-Indies which shall sail in any English or Indian Vessel or inhabit in those parts without our License and send them for England And whereas His Majesty by His further Royal Charter dated the 9th day of August 1683 hath been pleased to grant unto the said Company full Power to enter into any Ship Vessel House Shop Cellar or Ware-house and to sieze all Ships and Goods which shall be brought from or carried to the places above-mentioned the one Moiety of all Forfeitures to be to the use of His Majesty and the other Moiety to the Company and to nominate and appoint Governours and Officers in their Forts Factories and Plantations who are to raise Arms train and muster such Military Forces as shall be necessary to execute Martial Law for the defence of the same and likewise to erect a Court of Judicature in such places in India as the Company shall think fit to hear and determine all cases of forfeiture and seisures of any Ship or Ships Goods and Merchandizes trading and coming within the Limits aforesaid contrary to the said Charters and all other Maritine Causes These are therefore to authorize and require you to put in execution or cause to be put in execution all the Powers and Authorities granted unto us by His Majesties said Royal Charters as above-recited against all Interlopers in India Madagasear and all other places within the Limits of His Majesties said Charters which extend to all Ports and Places between the Cape of Good Hope and the Streights of Magellan