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A92501
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An act of Parliament for encourageing the Scots Affrican and Indian Company. Edinburgh, June 26. 1695.; Laws, etc.
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Scotland.; Scotland. Parliament.
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1695
(1695)
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Wing S1127; ESTC R223389
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6,371
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19
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AN ACT OF PARLIAMENT FOR Encourageing the Scots Affrican and Indian Company Edinburgh June 26. 1695. OUR SOVERAIGN LORD Taking into His Consideration That by an ACT past in this present Parliament Intituled an Act for Encouragement of Forraign Trade His Majesty for the Improvement thereof Did with Advice and Consent of the Estates of Parliament Statute and Declare That Merchants more or fewer may Contract and enter into such Societies and Companies for Carrying on of Trade as to any Subject of Goods or Merchandise to whatsomever Kingdoms Countries or parts of the World not being in War with His Majesty where Trade is in Use to be or may be followed and particularly beside the Kingdoms and Countries of Europe to the East and West-Indies the Streights and to Trade in the Mediterraâ—â—â—â— or upon the Coast of Affrica or in the Northern parts or elsewhere as above Which Societies and Companies being Contracted and Entered into upon the Terms and in the usual Manner as such Companies are set up and in use in other parts Consistant always with the Laws of this Kingdom His Majesty with Consent aforesaid did Allow and Approve giving and granting to them and each of them all Powers Rights and Priviledges as to their Persons Rules and Orders That by the Laws are given to Companies allowed to be Erected for Manufactories And His Majesty for their greater Encouragement did promise to give to these Companies and each of them his Letters Patent under the great Seal Confirming to them the whole foresaid Powers and Priviledges with what other Encouragement His Majesty should judge needful as the foresaid Act of Parliament at more length bears And his Majesty understanding that several persons as Well Forreigners as Natives of this Kingdom are willing to Engage themselves with great Sums of Money in an American Affrican and Indian Trade to be exercised in and from this Kingdom if inabled and incouraged thereunto by the Concessions powers and priviledges needful and usual in such Cases Therefore and in pursuance of the foresaid Act of Parliament His Majesty with Advice and Consent of the saids Estates of Parliament Doth hereby make and constitute 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 Clark late Baillie of Edinburgh Mr. Robert Blakewood and James Balfour Merchants in Edenburgh and John Cross Merchant in Glasgow William Paterson Esquire James Fowlis David Nairn Esquires Thomas Deans Esquire James Chiesly John Smith Thomas Coutes Hugh Frazer Joseph Cohaine Daves Ovedo and Walter Stuart Merchants in London with such others as shall joyn with them within the space of twelve Months after the first day of August next and all others whom the foresaid Persons and these joyned with them or major part of them being assembled shall admit and joyn into their Joint-Stock and Trade who shall all be Repute as if herein originally insert to be one Body Incorporate and a free Incorporation with perpetual Sucession by the Name of The Company of Scotland Trading to Affrica and the Indies Providing always Like as it is hereby in the first place provided that of the Fond or Capital Stock that shall be agreed to be Advanced and Imployed by the foresaid Undertakers and their Co-partners the half at least shall be appointed and allotted for Scottish men within this Kingdom who shall enter and subscribe to the said Company before the first day of August one Thousand Six Hundred and Ninety Six Years And if it shall happen that Scots Men living within this Kingdom shall not betwixt and the foresaid Term subscribe for and make up the equal half of the said Fond or Capital Stock Then and in that case allannerly It shall be and is hereby allowed to Scots Men residing Abroad or to Forraigners to come in Subscribe and be assumed for the Superplus of the said half and no otherwise Likeas the Quota of every mans part of the said Stock whereupon he shall be capable to enter into the said Company whether he be Native or Forraigner shall be for the least one Hundred lib. Sterl And for highest or greatest three Thousand lib. Sterl and no more directly nor indirectly in any sort with power to the 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 Purchass Acquirb 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 Transferrs and Assignment made and entred in their Books and Records without any other formality of Law Providing always that such Shears as are first Subscribed for by Scots Men within this Kingdom shall noâ— be alienable to any other than Scots Men living within this Kingdom That the foresaid Transferrs and Convoyancies as to Lands and other 〈◊〉 Estate when made of these only and a part be perfected according to the Laws of this Kingdom anent the convoyance of Lands and real Rights with power likewayes to the foresaid company by Subscriptions 〈◊〉 otherways as they shall think fit to raise a Joint Stock or capital Fond or such a sum or sums of Money and under and 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 joint-Stock or capital Fond or any part thereof or any estate real or personal Ships Goods or other Effects of and belonging to the said Company shall not be lyable unto any manner of confiscation Seisure Forfaulture Attachment Arrest or Restrain for and by reason of any Embargo breach of Peace Letters of mark or reprisal Declaration of War with any forraign Prince Potentate or State or upon any other account or pretence whatsomever but shall only be transferable assignable or alineable in such way and manner and in such parts and Portions and under such restriction 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 convoy the right and Property in and to the said joint-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 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 Assigney 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 Extract out of the same are hereby Declared to be good and sufficient for evidents in all Courts of Judicator and else where And His Majesty with Advice foresaid farder Statutes and Declares that the said John Lord Beilhaven Adam Cockburn of Ormistoun Lord Justice Clerk Mr. Francis Montgomery of Giffen Sir John Maxwell of Pollâ—ck Sir Robert Chieslly present Provest of Edinburgh John Swintoun of that Ilk George Clark late Baillie of Edinburgh Mr. Robert Blakewood and James Balfour Merchants in Edinburgh and John Cross Merchant in Glasgow William Paterson Esquire James Fowlis David Nairn Esquires Thomas Deans Esquire James Chiesly John Smith Thomas Coutes Hugh Frazer Joseph Cohaine Daves Ovedo 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 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 joynt Stocks or capital Fond in all matters and things relateing 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 administrat and take Oaths de fideli and others requisit to the management of the foresaid Stock and Company And the said Company is hereby impowered to Equipp 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 an 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 Countreys 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 Magazines 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 to make Reprisals and to seek and take Reparation of Damnage 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 Countreys 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 Forefaulture 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 Countreys 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 License and Permission in writing from the said Company Certifying all such as shall do in the contrair hereof that they shall Forefault and Omit 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 Seize 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 Delinquency 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 onely Relieving and Holding of His Majesty and His Successors in Soveraignity for the onely acknowledgment of their Allegeance 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 foresaid 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 Imunities 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 Ports 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 Premises of His Majesty and his Successours Kings of Scotland as Soveraigns thereof and paying only for the same their acknowledgment and allegeance with a Hogshead of Tobacco yearly in name of Blench Duty if required for all other Duty Service Claim or Demand whatsomever With power and liberty to the said Company to Treat for and to procure and purchase such Rights Liberties