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B20580 A Full and exact collection of all the considerable addresses, memorials, petitions, answers, proclamations, declarations, letters, and other public papers relating to the Company of Scotland trading to Africa and the Indies since the passing of the act of Parliament, by which the said company was established in June 1695, till November 1700 : together with a short preface (including the act itself) as also a table of whole contents. Company of Scotland Trading to Africa and the Indies. 1700 (1700) Wing C5597B 80,555 166

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to His Majesty as Escheat and the other half to the use and benefite of the said Company For the effectual Execution whereof it shall be lawfull to the said Company or any imployed by them to seize the said Ships and Goods in any place of ASIA or AFRICA or at Sea upon the Coasts of ASIA or AFRICA upon the trangression 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 Colonies 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 Sovereignty for the only acknowledgement of their Alledgiance and paying yearly a Hogshead of Tobacco in Name of Blench-dury if required allenarly in and to all such Lands Islands Colonies Cities Towns Forts and Plantations that they shall come to Establish Possess in manner forsaid As also to all manner of Treasures Wealth Riches Profits Mines Minerals Fishings with the whole product and benefite 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 Colonies Cities Towns or Places of their Possession as the said Company from time to time shall jugde 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 ports and Harbours thereof as the company shall think needful for the mantainance 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 Sovereigns thereof and paying only for the same their Acknowledgement and Alledgiance with a Hogshead of Tobacco yearly in name of 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 and purchase such Rights Liberties Priviledges Exemptions and other grants as may be convenient for supporting promoting and enlarging their trade and Navigation from any forreign 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 ●●sufficient security Warrand and Authority and if contrair the said Rights Liberties Priviledges Exemptions Grants or Agreements any of the Ships Goods Merchandise persons orther 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 Dammage done and that upon the publick Charge which His Majesty shall cause depurse and lay out for that effect And further 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 always the whole Duties of Tobacco and Sugar that are not of the Growth of the Plantations of the said Company And further it is Enacted that the said Company by Commission under their common Seal or otherwise as they shall appoint may make constitute all and every their Directors Governours and Commanders in Chief and other Officers Civil or Militery 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 in their Service or Pay providing always that they Up lift 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 further 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 of 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 Stoped in any part of this Kingdom either by Land or Water and all Magistrats and others His Majesties Officers Civil and 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 Dammage and Dettiment of the said Company by reason of the foresaid persons their neglect And further that the said company whole Members Officers Servants or others belonging thereto shall be free both in their Persons Estates and and Goods imployed in the said Stock and Trade from all manner of Taxes Cesses Supplies Excises Quartering of Soldiers Transient or Local or Levying of Soldiers 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 Inhabite or be Born in any of the foresaid Plantations Colonies Cities Towns Factories and other Places that shall be purehast 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
said Company to have a common Seal and to alter and Renew the same at their pleasure with Advice always of the Lyon King at Arms As also to plead and Sue and be Sued and to purchase Acquire Possess and enjoy Lordships Lands Tenements or other Estate Real or Personal of whatsoever Nature or Quality and to dispose upon and alienate the same or any part thereof at their pleasure and that by Transfers and Assignments made and entred in their Books and Records without any other Formality of Law Providing always that such Shares as are first subscribed for by Scots Men within this Kingdom shall not be alienable to any other than Scots Men living within this Kingdom That the foresaid Transfers and Conveyances as to Lands and other real Estate when made of these only and a part be perfected according to the Laws of this Kingdom anent the Conveyance of Lands and Real-Rights with power likeways to the foresaid Company by Subscriptions or otherways as they shall think fit to raise a Joynt-Stock or Capital Fond of such a Sum or Sums of Money and under subject unto such Rules Conditions and Qualifications as by the foresaid Company or major part of them when assembled shall be Limited and Appointed to begin carry on and support their intended Trade of Navigation and whatever may contribute to the Advancement thereof And it is hereby Declared that the said Joynt-Stock or Capital Fond or any part thereof or any Estate Real or Personal Ships Goods or other Effects of belonging to the said Company shal not be lyable unto any manner of Confiscation Seisure Forfaulture Attachment Arrest or Restraint for and by Reason of any Embargo breach of Peace Letters of Mark or Reprisal Declaration of War with any Forreign Prince Potentate or State or upon any other account or pretence whatsoever But shall only be Transferable Assignable or Alienable in such way and manner and in suc● Parts and Portions and under such Restrictions Rules and Conditions as the said Company shall by Writing in and upon their Books Records and Registers direct and appoint and these Transfers and Assignments only and no other shall convey the Right and Property in and to the said Joynt-Stock and Capital Fond and Effects thereof abovementioned or any part of the samen excepting always as is above excepted and that the Creditors of any particular Member of the Company may by their real Diligence affect the share of the Profit falling and pertaining to the Debitor without having any further Right or Power of the Debitors Part and Interest in the Stock or Capital Fond otherways than as 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 Ezpenses in the first place And the Books Records 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 Indicature and else where And His Majesty with Advice foresaid further 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 Provost of Edinburgh John Swinton of that Ilk George Clerk late Baillie of Edinburgh Mr Robert Blackwood and James Balfour Merchants in Edinburgh and John Corss Merchant in Glasgow William Paterson Esquire James Foulis David Nairn Esquire Thomas Deans Esquire James Cheisly James Smith Thomas Couts Hugh Frazer Joseph Cohen D' Azevedo and Walter Stuart Merchants in London and others to be joyned 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 Plurality of Votes Agree Make Constitute and Ordain all such other Rules Ordinances and Constitutions as may be needfull for the better Government and improvement of their Joynt-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 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 Equipp Fit set Out Fraught and Navigat their own or hired Ships in any 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 Intitituled Act for Encouraging Shipping Navigation wherewith His Majesty with Consent foresaid dispenses for the said time allena●ly in favours of the said Company that from any of the Ports or Places of this Kingdom or fromany other parts or places in Amity or not in Hostility with His Majesty in Warlike or other manner to any Islands Countreys or places in Asia Africa or America And there to Plant Colonies 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 Sovereign Potentate Prince or State And to provide and furnish the foresaid Places Cities Towns or Forts with Magazins Ordinances Arms Weapons Ammunition 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 ro make Reprisals and to seek and take Reparation of Dammage done by Sea or by Land and to make and conclude Treaties of Peace and Commerce with the Sovereigns Princes Estates Rulers Governours or Proprietors of the foresaid Lands Islands Countreys or Places in ASIA AFRICA 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 Loadning allenarly And His Majesty with Consent foresaid doth further Statute and Ordain that none of the Leidges of this Kingdom shall or may Trade or Navigat to any Lands Islands Countreys or places in ASIA or AFRICA 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