Selected quad for the lemma: law_n
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A57014
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A reply on behalf of the present East-India Company, to a paper of complaints, commonly called, The thirteen articles delivered by their adversaries, to the members of the honourable House of Commons.
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East India Company.
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1698
(1698)
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Wing R1049; ESTC R219054
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6,571
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4
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A Reply on behalf of the Present East-India Company to a Paper of Complaints commonly called The Thirteen Articles delivered by their Adversaries to the Members of the Honourable House of COMMONS ARTICLE I. THat they did procure Illegal Commissions from the late King for Martial Law whereby some Persons have been Executed ANSWER HOW far a Power to grant Commissions of Martial Law in Foreign Plantations in the Case of Rebellion is by Antient Prerogative vested in the Crown is not fit here to be debated much less determined though the Author of this Article here presumes so to do But this is true That the Commission here stiled Illegal was no other than what hath been from time to time granted to the said Company more particularly at its first Institution in the Reigns of Queen Elizabeth and King James I. As doth appear by the Original Commissions ready to be produced That the said Commission was grounded on the same Power with their Charter and their Charter on the same Power with all the Charters of the respective Plantations in the West-Indies Upon which Charters several Persons have been Executed both by Civil and Military Judicatures and never yet call'd in Question and is no more than what all the European Joynt-Stocks make use of in India That the Governour of St. Helena caused to be put to Death two Men before any Commission was obtain'd What the Governour of St. Helena did before the Commission arriv'd was without the Order or Privity of the Company here and so they not answerable nor blame-worthy for the same Art II. That the Company did procure of the late King the Ship Phoenix to be sent to India to seize the Ships and Goods of their Fellow-Subjects And also gave Orders to the Commanders of their own Ships to do the same Answ These Fellow-Subjects here mentioned are such as did break in on the Trade of the Company contrary to His Majesties Charter and are usually stiled Interlopers Now it being generally granted and likewise declared by the Honourable House of Commons That the East India Trade will be best manag'd by a Joynt-Stock exclusive to all others It 's humbly submitted to the Judgment of all Persons unconcern'd what other Measures the Company could have then taken or can be taken for the future by this or any other Company on such an Exigency for the preservation of the Trade to the Nation and themselves than those which the Objection would render Criminal Art III. That they did procure their late Majesties Proclamations for the putting the Powers granted to them by their Charters in Execution and commanding all persons from their Employments and Settlements in those Parts to repair to the Companies Garisons in India or return home Answ This Article is no more than that they did procure from their late Majesties their respective Proclamations for the Confirmation of their Charters and putting the Powers therein given them in Execution which is usual and hath been the practice of most if not all Companies established by Charter Nor was it ever until now objected as a thing Criminal so to do nor had they done it now but to restrain Interloping Art IV. That they did in the two last Reigns commence vexatious and chargeable Suits against their Fellow-Subjects Answ The Company being as they humbly conceive in Possession of a Right it was never yet accounted Criminal by any Persons to maintain that Right in Westminster-Hall Art V. They have caused several Ships fitted and design'd for India to be Illegally stopt and also one Ship homeward bound to be unladen at Portsmouth In order to which they procured a Letter from the late King to the Judge of the Admiralty commanding him to order the said Cargoe there to be Landed Answ As to this that as is before hinted in answer to the second Article It being generally agreed on and declared by the Honourable House of Commons That the East-India Trade will be best managed by a Joynt-Stock exclusive to all others It 's humbly conceiv d it was no ways Criminal for them to apply to His then Majesty and His Courts of Admiralty for such assistance as that Court could afford them to preserve the Trade to themselves exclusive to others according to their Charter But as to any such Letter as is here suggested it being matter of Fact it must rest upon them to prove it by producing the same Art VI. That the Company have expended great summes of Money under the title of secret Services and presented to the two late Kings several ten thousand Guineys Answ This were much more proper to be objected by the Present Members of the Company than by those some of whom at least wise were the chief Promoters of it And having since sold themselves out would render the present Managers Criminal for those very Actions which they committed while Members of the said Company And as to these ten thousand Guineys which were presented to the late Kings it was alwayes Paid into the Exchequer for the Publick Service and was at first introduced not by the present Managers but by some of those who as aforesaid have sold themselves out and do now complain against it But it hath been since taken off by a Present of Seven Thousand Pound âtock in the said Company which his present Majesty whom God long preserve doth now enjoy Art VII Some of the prevailing Members in the Committee have sold to themselves great part of the Companies Goods by Private Contract to the Prejudice of the Buyers and the Defrauding the other Adventurers Answ This Objection likewise had been much more proper to have come from the Present Members than from those who had no Interest in the Company when these Private Contracts were made Nor were these Contracts so private but first by the allowance of the General Court of Adventurers and then Publication made that such Contracts were proposed and all Persons both Members and others had full freedom to bid for the Goods intended to be Exposed to Sale And it is humbly conceiv'd That it is the Property of every individual Person and of all Communities to dispose of their Effects as they do think most conducing to their present Advantage Nor is it contrary to the Companies present Constitution But if it be thought inconvenient for the future This as all other Regulations is by the Companies Petition humbly submitted to the Honourable House of Commons Art VIII They have not for many Years past made up their Books and valued their Stock although by the General Preamble subscribed by every Adventurer on his admission into the Company they are obliged so to do every seven Years Whereby the late Managers have engrossed a great part of the said Stock in opposition to the Interest of the Publick Answ This Obiection is not true in fact The Company having made up their Books and a Valuation of their Stock in the Year 1685 which is yet within the seven Years Nor