Selected quad for the lemma: majesty_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
majesty_n	call_v	captain_n	ship_n	7,494	5	11.1482	5	true

Text snippets containing the quad

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

and whatsoever you shall do or cause to be done in the Premises conformable to the several Clauses of His Majesties said Royal Charters before-recited in this our Commission or according to any further Instruction you shall receive from us or any Thirteen or more of the Committees of the said East-India Company whereof the Governour or Deputy for the time being to be one we shall always indempnify and save harmless you and all imployed by or under you therein In Witness whereof we have hereunto caused our Common Seal to be put this 25th day of February 1684 5. The East-India Company in Holland are said to be a little Monarchy under a Common-wealth ours would have Powers equal with them as they then pretended for which Reason happily these Commissions were granted which must be agreed were a high flight and near approach to Soveraign Powers but that the King could delegate such Powers as mentioned in the aforesaid Commission not agreed By Vertue of these Commissions and Directions amongst others the Ships Adventure and Bristol whose Cargoes cost in England about 60000 l. were siezed or destroyed But some others that went escaped from being siezed as Pyrates in the Indies coming Home in safety were for some time permitted to sell their Goods without any great interruption but about the Year 1686. Resolutions were taken to make such Pyrates also As for Instance The Ship Andulazia who arriving at Portsmouth from the Indies with a Rich Cargoe an Order was obrained and sent to the Admiralty for apprehending the Men and siezing the said Ship the Men were brought Prisoners to London no Bail being admitted and some days after an Order was sent to the Admiralty in these words WHereas we have received certain Information that the Master supra Cargoe Purser and several other Persons belonging to the Ship Andulazia now lying under Arrest at Portsmouth by Process out of Our Court of Admiralty are gone down under pretence of attending the Inspection and Appraisment of the Goods on board the said Ship lately decreed by Commission out of Our said Court which persons at this present are accused for Acts of Pyracy as well as Interloping and are to be tryed for the Pyracy And whereas We are likewise informed that they or some of them have been actually on board the said Ship and have begun to rummage there pretending to remove the Goods in order to their Inspection and Appraisment by means whereof we cannot but suspect their ill intent and design to imbezil the Goods to Our Prejudice in case of Forfeiture To the intent therefore that there be no Imbezilment or Damage caused by them or any other person whatsoever but that the Goods be kept entire and safe for the benefit of Vs and Our Just Rights in case of Forfeiture or of others who may have a right to the same Our Will and Pleasure is that you forthwith issue out an Order to Our Marshal and Deputies of Our said Court to unlade the said Goods and put them in some secure Warehouses in Our Town of Portsmouth to the end that they may be preserved as aforesaid and for so doing this shall be your Warrant Given at Our Court at Whitehall the 17th day of March 1686 7. The persons that were named in the Warrants for the execution of these Orders were most or all Servants to the Company After Imprisonment great Losses and Charges this Affair ended in an Agreement as it was called made in these words WHereas the Ship Andulazia Captain John Jacobs Commander now Riding in the Harbour of Portsmouth hath Traded in India contrary to His Late Majesties Proclamation and the East-India Companies Charters without leave from the said Company and is suspected to have committed some Acts of Hostility in India which in strict construction of Law might be counted Piracy although it may be Reasonably hoped that the fact committed in the Indies was only to promote that Private Trade in which they were unfortunately ingaged And whereas the said Ship Commander Officers and Seamen and also the Cargoe aboard her is now under Arrest of His Majesties Court of Admiralty for Piracy and Interloping and there have been some Proceedings in the Admiralty Court in order to an Adjudication of the said Ship and Goods as forfeited by the East-India Companies Charters one half to His Majesty and the other half to the said Company Now for as much as the Interessed in the said Ship and Goods do apply themselves to the said Company and intreat they will favour them with their earnest Endeavours and Petitions to his Sacred Majesty in their behalf that His Majesty will be graciously pleased to grant His Royal Pardon to all persons concerned in the said Ships and of all Forfeitures incurred by the facts aforesaid the said East-India Company and Proprietors of the said Ship and Goods do mutually agree to the Conditions following viz. That the said Commander and Owners and all Persons concerned as Desendants in the said Court of Admiralty or otherwise shall in the said Court as most true it is confess the fact of Interloping and submit to the determination of that Court without further Appeal or moving for any Prohibition or bringing any Actions or Action of Trover or causing any further littigation or trouble in any of the Courts of Law or Equity concerning the Ship or Goods or any of the Persons aforesaid That the said Persons Defendants or their Assignes shall bring the said Ship about at their own Charge into the River of Thames without any imbezilments with the Kings and Companies Officers aboard and shall at her arrival in the River of Thames the danger of the Seas excepted deliver up all the said Goods into the Companies Warehouses the Company being to defray the Customs and incident Charges in landing upon the following terms viz. That the Goods be sold by the Companies Candle and the said Custom incident Charges in Landing and Housing with discompt be deducted from the whole sale of the said Goods or Net amount of them That 10000 l. immediately after the Sale out of the first Money received thereon be paid to for the Ships Freight Damage Commons and other Charges for the said Commander Owners and others concerned That after the foregoing deductions the remaining Nett proceed of all the said Goods shall be paid viz. The One Fifth part to the Honourable East-India Company and the Four Fifths to for the use of the respective Proprietors That the time of the Sale shall be within One Month after the Goods are landed or as shall be thought convenient for advance of the Cargoe That when all is sold and paid mutual Releases shall be given and interchanged between the Company and the concerned For performance of the Premises we give this under our Hands this 23th day of March 1686 7. On the behalf of the E.I. Company if His Most Excellent Majesty approve thereof According to this Agreement 3161 l. 00 s. 02 d. was

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

that this Trade cannot be secured or carried on but by a Joint-Stock it may be more advisable so to settle it as may best prevent the inconveniencies feared from the Trade it self by the Exportation of too much Bullion and Importation of Manufactured Goods to be consumed here The prohibiting the expence of their Manufactured Goods and Toyes here would very much lessen the Exportation of our Bullion especially if we should continue the obligation of sending out for the carrying on of that Trade 100000 l. per Annum in our Goods if not we should be sure of a good return for our Bullion by the Transportation of those Goods to Foreign Markets if none were allowed to be brought in but on condition to be Exported again and then a less Stock might serve for the carrying on of this Trade And if two or three Ships the less should then be imployed in that Trade the Advantages we shall have in the consumption of our Home-made Silks and Woollen Goods and in the increase of our Linnen Manufactury would make us a sufficient amends the Druggs Spices Saltpetre c. to be permitted as formerly And being few or no Arguments can be given for managing the East-India Trade in a Joint-Stock which may not also be given for the Turkey Trade being also remote and to an Infidel Country and yet hath been carried on under a Regulated Company for a long succession of time without any material Complaints Whether these Heads for a Regulated Company both for the Trade to Africa and East-India if those under which the Turkey Trade is now carried on be not found sufficient may not with some additions alterations and amendments be so improved as not to be lyable to the inconveniencies afore-mentioned and yet serve for all the ends proposed where Companies are pretended to be necessary for the carrying on of any Trade is submitted to the Judgment of those that are more intelligent in such Affairs 1. That several persons be Incorporated by the Name of the Governour and Company of Merchants Trading to the Coast of Africa and that a Governour Deputy-Governour and 24 Assistants be named to continue for one or two Years as may be thought convenient then new to be chosen Annually by the General Court of Adventurers 2. That no person whatsoever shall Trade to the said oast of Africa but this Company and such as they shall License 3. That the said Company shall not deny at any time to give License to any persons being His Majesties Subjects to send Ships and Goods to Africa such persons paying to the said Company 20 l. per Cent. of the Cargoes they carry from time to time 4. That the Money thus received shall be imployed by the said Company in the Trade to Africa for the advantage of the said Company and out of it or Gains out of the arising thereby shall pay and discharge the Charges of Forts and Castles or publick Expences necessary for the preservation of the Trade 5. That such persons as pay in the said 20 per Cent. shall by the said payment become Members of that Company such as pay in 50 l. be intituled to have a right to Vote at the General Courts such as pay in 100 l. to be capable to be chosen Committees and 200 l. Deputy-Governours and 400 l. Governours 6 That out of the said Money thus paid in the said Company shall pay to the present Company what upon a valuation made by indifferent persons may appear just to be paid to them for Forts and Castles c. 7. That the said Company after the said Stock is increased either by the said Payments or Gains made thereon having over and above what may be thought necessary to pay and defray all publick Charges shall make Dividends to the said Members that paid in the said Stock to every one according to his respective proportion paid in and time when such Payments were made If some such Method as this can be made practicable there would soon be a greater Stock if thought convenient to have it to answer all pretences made for Joint-Stocks than either of these Companies now really have yet room left for all persons to come into the said Trade hereafter upon as good terms as those that went before them and all the Adventurers will at all times be as one Body and upon the same foot and no temptations left for such practices as before-mentioned Some of these Notions about Companies with Joint-Stocks and Trade do agree with what may be found in the New Discourse of Trade Printed December 1692 Writ by a Gentleman whose Knowledge Judgment and Experience in Trade cannot be doubted and therefore are quoted to corroborate what hath been here offered Page 81. That all Restrictions of Trade are naught and consequently no Company whatsoever whether they Trade in Joint-Stocks or under Regulations can be for Publick Good except it may be easie for all or any of His Majesties Subjects to be admitted into all or any of the said Companies at any time for a very inconsider able Fine and that if the Fine exceed 20 l. including all Charges of Admission it is too much Page 82. Nothing in the World can enable us to cope with the Dutch in any Trade but increase of Hands and Stock which a general Admission will effect Page 161. It is our Interest by Example as well as other means above all kind of Commodities to prevent the Importation as much as may be of Foreign Manufactures Page 203. VVhen we cannot preserve our Colonies by our Shipping or so awe our Neighbours by our Fleets and Ships of Men of VVar that they dare not attempt them our Case will be sad and our Propriety will be lost or in eminent danger not only Abroad but at Home likewise These Maxims about Trade in Joynt-Stocks have had great Confirmation from experience The first Charter for the East India Trade was Settled Anno 1600 for 15 Years afterwards Four more which did not prove in any respect useful to the Nation by increasing Trade whatever advantages some particular Persons might make by the management of such Stocks After some course of Years all broke to the Loss of the Adventurers in General and prejudice of the Trade for the Trade to Africa there have been also the like number of Charters with no better success And it may appear upon examination that when that Trade was open near double the quantity of our Goods were sent there more then when Carried on by a Company The Management of the late Corporations for the Linnen Manufactury Paper making Saltpetre and others may be given as Instances to prove that whatever Specious pretences may be made for Corporations whatever Advantages have been made by particular Persons by Stock-Jobbing or indirect ways that few or none have ever yet proved Advantageous to the Nation and if the Wayes and Means before mentioned by which the present East-India-Company have Increased Trade and made great