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 [Page] [Page] [...] [Page] West-Indies, the Streights, and to Trade in the Mediterra [...], 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 [Page]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 no [...] 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 [Page] [...] [Page] [...] [Page]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 Poll [...]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 [Page]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, [Page] [...] [Page] [...] [Page]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, 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 H [...]s Majesty; for which the general Treaties of Peace and Commerce betwixt his Majesty and such Potentates, Princes, or States shall serve for sufficient Security, Warrand and Authority, and if contrair to the saids Rights, Liberties, Priviledges, Exemptions, Grants, or Agreements, any of the Ships, Goods, Merchandise, Persons, or other Effects whatsoever, belonging to the said Company, shall be stopt, de­tained, embazled, or away taken, or in any sort prejudged or damnified; His Majesty promises to interpose his Authority, to have restitution, re­paration and satis [...]action made for the Dammage done and that upon the publick Charge, which His Majesty shall cause depurse and lay out for that Effect. And farder, it is hereby Statute, that all Ships, Vessels, Mer­chandise, Goods, and other Effects whatsoever belonging to the said Company shall be free of an manner of Restraints, or Prom [...]ations, and of all Customs, Taxes, Cesses, Supplies, or other Duties Impo [...]ed, or to be Imposed by Act of Parliament, or otherwise, for and d [...]ing the space of twenty one years, excepting wi [...]e the wh [...]e Duties of Tob [...]cco and Suggar, that are not of the Growth of the Plantations of the said Com­pany. And farder, it is Enacted, that the said Company by Commission under their common Seal or otherwise is they shall appoint may make and constitute all and every their D [...]ectors, Governours, and Commanders, in Chief, and other Officers Civil or Military by Sea, or by Land; As likewise that the said [...]ompany may Inlist, Inroll, Agree and Retain all [Page]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 Uplift or Levy none within the Kingdom to be Soldiers, with­out Leave or Warrand first obtained from His Majesty or the Lord, 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 farder 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, off, 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 Stop­ped in any part of this Kingdom, either by Land or Water; and all Ma­gistrates 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 Detriment of the said Company, by reason of the foresaid persons their neglect. And farder that the said Company, whole Members, Officers, Servants, or others belonging thereto, shall be free, both in their Persons, Estates, and Goods, Imployed in the said Stock and Trade, from all manner of Taxes, Cesses, Supplies, Excises, Quarter­ing of Souldiers Transient or Local, or Levying of Souldiers, 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 Inhabit, or be Born in any of the foresaid Plantations, Collonies, Cities, Towns, Factories, and other Places that shall be Purchast 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, His Majesty doth farder Ordain Letters Patent to be expede hereupon, containing the whole Premisses under the Great Seal of this Kingdom, for doing where­of Per Saltum. Thir Presents shall be sufficient Warrand both to the Director and Chancellor, or Keeper of the Great Seal, as use is in like Cases.