1 November 1993
2
3 Charter of The Hudson's Bay Company
4 2 May 1670
5
6 ========================
7
8 THE ROYAL CHARTER for incorporating
9 The Hudson's Bay Company, A.D. 1670.
10
11 CHARLES THE SECOND By the grace of God King of England Scotland
12 France and Ireland defender of the faith &c
13 TO ALL to whome these presentes shall come greeting
14 WHEREAS Our Deare and entirely Beloved cousin Prince Rupert
15 Count Palatyne of the Rhyne Duke of Bavaria and Cumberland &c
16 Christopher Duke of Albemarle William Earle of Craven Henry Lord
17 Arlington Anthony Lord Ashley Sir John Robinson and Sir Robert
18 Vyner Knightes and Baronettes Sir Peter Colliton Baronett Sir
19 Edward Hungerford Knight of the Bath Sir Paul Neele Knight Sir
20 John Griffith and Sir Phillipp Carteret Knightes James Hayes John
21 Kirke Francis Millington William Prettyman John Fenn Esquires and
22 John Portman Cittizen and Goldsmith of London have at theire owne
23 great cost and charge undertaken an
24 EXPEDICION for Hudsons Bay in the North west part of America
25 for the discovery of a new Passage into the South Sea and for the
26 finding some Trade for Furrs Mineralls and other considerable
27 Commodityes and by such theire undertakeing have already made
28 such discoveryes as doe encourage them to proceed further in pursuance
29 of theire said designe by meanes whereof there may probably arise
30 very great advantage to us and our Kingdome
31 AND WHEREAS the said undertakers for theire further
32 encouragement in the said designe have humbly besought us to
33 Incorporate them and grant unto them and theire successors the
34 sole Trade and Commerce of all those Seas Streightes Bayes Rivers
35 Lakes Creekes and Soundes in whatsoever Latitude they shall bee
36 that lye within the the entrance of the Streightes commonly
37 called Hudsons Streightes together with all the Landes Countryes
38 and Territoryes upon the Coastes and Confynes of the Seas
39 Streightes Bayes Lakes Rivers Creekes and Soundes aforesaid which
40 are not now actually possessed by any of our Subjectes or by the
41 Subjectes of any other Christian Prince or State
42 NOW KNOW YEE that Wee being desirous to promote all Endeavours
43 tending to the publique good of our people and to encourage the
44 said undertaking HAVE of our especiall grace certaine knowledge
45 and meere mocion Given granted ratifyed and confirmed And by
46 these Presentes for us our heires and Successors
47 DOE give grant ratifie and confirme unto our said Cousin
48 Prince Rupert Christopher Duke of Albemarle William Earle of
49 Craven Henry Lord Arlington Anthony Lord Ashley Sir John Robinson
50 Sir Robert Vyner Sir Peter Colleton Sir Edward Hungerford Sir
51 Paul Neile Sir John Griffith and Sir Phillipp Carterett James
52 Hayes John Kirke Francis Millington William Prettyman John Fenn
53 and John Portman That they and such others as shall bee admitted
54 into the said Society as is hereafter expressed shall bee one
55 Body Corporate and Politique in deed and in name by the name of
56 the Governor and Company of Adventurers of England tradeing into
57 Hudsons Bay and them by the name of the Governor and Company of
58 Adventurers of England tradeing into Hudsons Bay one Body
59 Corporate and Politique in deede and in name really and fully for
60 ever for us our heirs and successors
61 WEE DOE make ordeyne constitute establish confirme and declare
62 by these Presentes and that by the same name of Governor &
63 Company of Adventurers of England Tradeing into Hudsons Bay they
64 shall have perpetuall succession And that they and theire
65 successors by the name of Governor and Company of Adventurers of
66 England Tradeing into Hudsons Bay bee and at all tymes hereafter
67 shall bee persons able and capable in Law to have purchase
68 receive possesse enjoy and reteyne Landes Rentes priviledges
69 libertyes Jurisdiccions Franchyses and hereditamentes of what
70 kinde nature and quality soever they bee to them and theire
71 Successors And alsoe to give grant demise alien assigne and
72 dispose Landes Tenementes and hereditamentes and to doe and
73 execute all and singuler other thinges by the same name that to
74 them shall or may apperteyne to doe And that they and theire
75 Successors by the name of the Governor and Company of Adventurers
76 of England Tradeing into Hudsons Bay may pleade and bee impleaded
77 answeare and bee answeared defend and bee defended in whatsoever
78 Courtes and places before whatsoever Judges and Justices and
79 other persons and Officers in all and singular Accions Pleas
80 Suitts Quarrells causes and demandes whatsoever of whatsoever
81 kinde nature or sort in such manner and forme as any other our
82 Liege people of this our Realme of England being persons able and
83 capable in Lawe may or can have purchase receive possesse enjoy
84 reteyne give grant demise alien assigne dispose pleade defend and
85 bee defended doe permit and execute And that the said Governor
86 and Company of Adventurers of England Tradeing into Hudsons Bay
87 and their successors may have a Common Seale to serve for all the
88 causes and busnesses of them and theire Successors and that itt
89 shall and may bee lawfull to the said Governor and Company and
90 theire Successors the same Seall from tyme to tyme at theire will
91 and pleasure to breake change and to make a new or alter as them
92 shall seeme expedient
93 AND FURTHER WEE WILL And by these presentes for us our Heires
94 and successors
95 WEE DOE ordeyne that there shall bee from henceforth one of
96 the same Company to bee elected and appointed in such forme as
97 hereafter in these presentes is expressed which shall be called
98 The Governor of the said Company And that the said Governor and
99 Company shall or may elect seaven of theire number in such forme
100 as hereafter in these presentes is expressed which shall bee
101 called the Committee of the said Company which Committee of
102 seaven or any three of them together with the Governor or Deputy
103 Governor of the said Company for the tyme being shall have the
104 direcion of the Voyages of and for the said Company and Provision
105 of the Shipping and Merchandizes thereunto belonging and alsoe
106 the sale of all merchandizes Goodes and other things returned in
107 all or any the Voyages or Shippes of or for the said Company and
108 the mannageing and handleing of all other business affaires and
109 thinges belonging to the said Company
110 AND WEE WILL ordeyne and Grant by these presentes for us our
111 heires and successors unto the said Governor and Company and
112 theire successors that they the said Governor and Company and
113 theire successors shall from henceforth for ever bee ruled
114 ordered and governed according to such manner and forme as is
115 hereafter in these presentes expressed and not otherwise And that
116 they shall have hold reteyne and enjoy the Grantes Libertyes
117 Priviledges Jurisdiccions and Immunityes only hereafter in these
118 presentes granted and expressed and noe other And for the better
119 WEE HAVE ASSIGNED nominated constituted and made And by these
120 presentes for us our heires and successors
121 WEE DOE ASSIGNE nominate constitute and make our said Cousin
122 Prince Rupert to bee the first and present Governor of the said
123 Company and to continue in the said Office from the date of these
124 presentes until the tenth of November then next following if hee
125 the said Prince Rupert shall soe long live and soe until a new
126 Governor bee chosen by the said Company in forme hereafter
127 expressed
128 AND ALSO WEE HAVE assigned nominated and appointed And by
129 these presentes for us our heirs and Successors
130 WEE DOE assigne nominate and constitute the said Sir John
131 Robinson Sir Robert Vyner Sir Peter Colleton James Hayes John
132 Kirke Francis Millington and John Portman to bee the seaven first
133 and present Committees of the said Company from the date of these
134 presentes until the said tenth Day of November then alsoe next
135 following and soe until new Committees shall bee chosen in forme
136 hereafter expressed
137 AND FURTHER WEE WILL and grant by these presentes for us our
138 heires and Successors unto the said Governor and Company and
139 theire successors that itt shall and may bee lawfull to and for
140 the said Governor and Company for the tyme being or the greater
141 part of them present at any publique Assembly commonly called the
142 Court Generall to bee holden for the said Company the Governor of
143 the said Company being alwayes one from tyme to tyme elect
144 nominate and appoint one of the said Company to bee Deputy to the
145 said Governor which Deputy shall take a corporall Oath before the
146 Governor and three or more of the Committee of the said Company
147 for the tyme being well truely and faithfully to execute his said
148 Office of Deputy to the Governor of the said Company and after
149 his Oath soe taken shall and may from tyme to tyme in the absence
150 of the said Governor exercize and execute the Office of Governor
151 of the said Company in such sort as the said Governor ought to
152 doe
153 AND FURTHER WEE will and grant and by these presentes for us
154 our heires and Successors unto the said Governor and Company of
155 Adventurers of England tradeing into Hudsons Bay and theire
156 Successors That they or the greater part of them whereof the
157 Governor for the Tyme being or his Deputy to bee one from tyme to
158 tyme and at all tymes hereafter shall and may have authority and
159 power yearely and every yeare betweene the first and last day of
160 November to assemble and meete together in some convenient place
161 to bee appointed from tyme to tyme by the Governor or in his
162 absence by the Deputy of the said Governor for the tyme being And
163 that they being soe assembled itt shall and may bee lawfull to
164 and for the said Governor or Deputy of the said Governor and the
165 said Company for the tyme being or the greater part of them which
166 then shall happen to bee present whereof the Governor of the said
167 Company or his Deputy for the tyme being to bee one to elect and
168 nominate one of the said Company which shall bee Governor of the
169 same Company for one whole yeare then next following which person
170 being soe elected and nominated to bee Governor of the said
171 Company as is aforesaid before hee bee admitted to the Execucion
172 of the said Office shall take a Corporall Oath before the last
173 Governor being his Predecessor or his Deputy and any three or
174 more of the Committee of the said Company for the tyme being that
175 hee shall from tyme to tyme well and truely execute the Office of
176 Governor of the said Company in all thinges concerneing the same
177 and that Ymediately after the same Oath soe taken hee shall and
178 may execute and use the said Office of Governor of the said
179 Company for one whole yeare from thence next following and in
180 like sort Wee will and grant that as well every one of the above
181 named to bee of the said Company or fellowshipp as all other
182 hereafter to bee admitted or free of the said Company shall take
183 a Corporall Oath before the Governor of the said Company or his
184 Deputy for the tyme being to such effect as by the said Governor
185 and Company or the greater part of them in any publick Court to
186 bee held for the said Company shall bee in reasonable and legall
187 manner sett down and devised before they shall bee allowed or
188 admitted to Trade or traffique as a freeman of the said Company
189 AND FURTHER WEE WILL and grant by these presentes for us our
190 heires and successors unto the said Governor and Company and
191 theire successors that the said Governor or Deputy Governor and
192 the rest of the said company and theire successors for the tyme
193 being or the greater part of them whereof the Governor or the
194 Deputy Governor from tyme to tyme to bee one shall and may from
195 tyme to tyme and at all tymes hereafter have power and authority
196 yearely and every yeare betweene the first and last day of
197 November to assemble and meete together in some convenient place
198 from tyme to tyme to bee appointed by the said Governor of the
199 said Company or in his absence by his Deputy and that they being
200 soe assembled itt shall and may bee lawfull to and for the said
201 Governor or his Deputy and the Company for the tyme being or the
202 greater part of them which then shall happen to bee present
203 whereof the Governor of the said Company or his Deputy for the
204 tyme being to bee one to elect and nominate seaven of the said
205 Company which shall bee a Committee of the said Company for one
206 whole yeare from thence next ensueing which persons being soe
207 elected and nominated to bee a Committee of the said Company as
208 aforesaid before they bee admitted to the execucion of theire
209 Office shall take a Corporall Oath before the Governor or his
210 Deputy and any three or more of the said Committee of the said
211 Company being theire last Predecessors and that they and every of
212 them shall well and faithfully performe theire said Office of
213 Committees in all thinges concerneing the same And that
214 imediately after the said Oath soe taken they shall and may
215 execute and sue theire said Office of Committees of the said
216 Company for one whole yeare from thence next following
217 AND MOREOVER Our will and pleasure is And by these presentes
218 for us our heires and successors
219 WEE DOE GRANT unto the said Governor and Company and theire
220 successors that when and as often as itt shall happen the
221 Governor or Deputy Governor of the said Company for the tyme
222 being at any tyme within one yeare after that hee shall bee
223 nominated elected and sworne to the Office of the Governor of the
224 said Company as is aforesaid to dye or to bee removed from the
225 said Office which Governor or Deputy Governor not demeaneing
226 himselfe well in his said Office
227 WEE WILL to bee removable at the Pleasure of the rest of the
228 said Company or the greater part of them which shall bee present
229 at theire publick assemblies commonly called theire Generall
230 Courtes holden for the said Company that then and soe often itt
231 shall and may bee lawfull to and for the Residue of the said
232 Company for the tyme being or the greater part of them within
233 convenient tyme after the death or removeing of any such Governor
234 or Deputy Governor to assemble themselves in such convenient
235 place as they shall think fitt for the eleccion of the Governor
236 or Deputy Governor of the said Company and that the said Company
237 or the greater part of them being then and there present shall
238 and may then and there before theire departure from the said
239 place elect and nominate one other of the said Company to bee
240 Governor or Deputy Governor for the said Company in the place and
241 stead of him that soe dyed or was removed which person being soe
242 elected and nominated to the Office of Governor of Deputy
243 Governor of the said Company shall have and exercize the said
244 Office for and dureing the residue of the said yeare takeing
245 first a Corporall Oath as is aforesaid for the due execucion
246 thereof And this to bee done from tyme to tyme soe often as the
247 case shall soe require
248 AND ALSOE Our Will and Pleasure is and by these presentes for
249 us our heires and successors
250 WEE DOE grant unto the said Governor and Company that when and
251 as often as itt shall happen any person or persons of the
252 Committee of the said Company for the tyme being at any tyme
253 within one yeare next after that they or any of them shall bee
254 nominated elected and sworne to the Office of Committee of the
255 said Company as is aforesaid to dye or to be removed from the
256 said Office which Committees not demeaneing themselves well in
257 theire said Office Wee will to be removeable at the pleasure of
258 the said Governor and Company or the greater part of them whereof
259 the Governor of the said Company for the tyme being or his Deputy
260 to bee one that then and soe often itt shall and may bee lawfull
261 to and for the said Governor and the rest of the Company for the
262 tyme being or the greater part of them whereof the Governor for
263 the tyme being or his Deputy to bee one within convenient tyme
264 after the death or removeing of any of the said Committee to
265 assemble themselves in such convenient place as is or shall bee
266 usuall and accustomed for the eleccion of the Governor of the
267 said Company or where else the Governor of the said Company for
268 the tyme being or his Deputy shall appoint And that the said
269 Governor and Company or the greater part of them whereof the
270 Governor for the tyme being or his Deputy to bee one being then
271 and there present shall and may then and there before theire
272 Departure from the said place elect and nominate one or more of
273 the said Company to bee of the Committee of the said Company in
274 the place and stead of him or them that soe died or were or was
275 soe removed which person or persons soe elected and nominated to
276 the Office of Committee of the said Company shall have and
277 exercize the said Office for and dureing the residue of the said
278 yeare takeing first a Corporall Oath as is aforesaid for the due
279 execucion thereof and this to bee done from tyme to tyme so often
280 as the case shall require And to the end the said Governor and
281 Company of Adventurers of England Tradeing into Hudsons Bay may
282 bee encouraged to undertake and effectually to prosecute the said
283 designe of our more especial grace certaine knowledge and meere
284 Mocion
285 WEE HAVE given granted and confirmed And by these presentes
286 for us our heires and successors
287 DOE give grant and confirme unto the said Governor and Company
288 and theire successors the sole Trade and Commerce of all those
289 Seas Streightes Bayes Rivers Lakes Creekes and Soundes in
290 whatsoever Latitude they shall bee that lie within the entrance
291 of the Streightes commonly called Hudsons Streightes together
292 with all the Landes and Terriroryes upon the Countryes Coastes
293 and confynes of the Seas Bayes Lakes Rivers Creekes and Soundes
294 aforesaid that are not already actually possessed by or granted
295 to any of our Subjectes or possessed by the Subjectes of any
296 other Christian Prince or State with the Fishing of all Sortes of
297 Fish Whales Sturgions and all other Royall Fishes in the Seas
298 Bays Islets and Rivers within the premisses and the Fish therein
299 taken together with the Royalty of the Sea upon the Coastes with
300 the Lymittes aforesaid and all Mynes Royall aswell discovered as
301 not discovered of Gold Silver Gemms and pretious Stones to bee
302 found or discovered within the Territoryes Lymittes and Places
303 aforesaid And that the said Land bee from henceforth reckoned and
304 reputed as one of our Plantacions or Colonyes in America called
305
306 AND FURTHER WEE DOE by these presentes for us our heires and
307 successors make create and constitute the said Governor and
308 Company for the tyme being and theire successors the true and
309 absolute Lordes and Proprietors of the same Territory lymittes
310 and places aforesaid And of all other the premisses
311 SAVING ALWAYES the faith Allegiance and Soveraigne Dominion
312 due to us our heires and successors for the same
313 TO HAVE HOLD possesse and enjoy the said Territory lymittes
314 and places and all and singular other the premisses hereby
315 granted as aforesaid with theire and every of theire Rightes
316 Members Jurisdiccions Prerogatives Royaltyes and Appurtenances
317 whatsoever to them the said Governor and Company and theire
318 Successors for ever
319 TO BEE HOLDEN of us our heires and successors as of our Mannor
320 of East Greenwich in our Country of Kent in free and common
321 Soccage and not in Capite or by Knightes Service
322 YEILDING AND PAYING yearely to us our heirs and Successors for
323 the same two Elkcs and two Black beavers whensoever and as often
324 as Wee our heirs and successors shall happen to enter into the
325 said Countryes Territoryes and Regions hereby granted
326 AND FURTHER our will and pleasure is And by these presentes
327 for us our heires and successors
328 WEE DOE grant unto the said Governor and Company and to theire
329 successors that itt shall and may be lawfull to and for the said
330 Governor and Company and theire successors from tyme to tyme to
331 assemble themselves for or about any the matters causes affaires
332 or buisnesses of the said Trade in any place or places for the
333 same convenient within our Dominions or elsewhere and there to
334 hold Court for the said Company and the affaires thereof And
335 that alsoe itt shall and may bee lawfull to and for them and the
336 greater part of them being soe assembled and that shall then and
337 there bee present in any such place or places whereof the
338 Governor or his Deputy for the tyme being to bee one to make
339 ordyne and constitute such and soe many reasonable Lawes
340 Constitucions Orders and Ordinances as to them or the greater
341 part of them being then and there present shall seeme necessary
342 and convenient for the good Government of the said Company and of
343 all Governors of Colonyes Fortes and Plantacions Factors Masters
344 Mariners and other Officers employed or to bee employed in any of
345 the Territories and Landes aforesaid and in any of theire Voyages
346 and for the better advancement and contynuance of the said Trade
347 or Traffick and Plantacions and the same Lawes Constitucions
348 Orders and Ordinances soe made to putt in use and execute
349 accordingly and at theire pleasure to revoake and alter the same
350 or any of them as the occasion shall require And that the said
351 Governor and Company soe often as they shall make ordeyne or
352 establish any such Lawes Constitucions Orders and Ordinances in
353 such forme as aforesaid shall and may lawfully impose ordeyne
354 limitt and provide such paines penaltyes and punishmentes upon
355 all Offenders contrary to such Lawes Constitucions Orders and
356 Ordinances or any of them as to the said Governor and Company for
357 the tyme being or the greater part of them then and there being
358 present the said Governor or his Deputy being alwayes one shall
359 seeme necessary requisite or convenient for the observacion of
360 the same Lawes Constitucions Orders and Ordinances And the same
361 Fynes and Amerciamentes shall and may by theire Officers and
362 Servantes from tyme to tyme to bee appointed for that purpose
363 levy take and have to the use of the said Governor and Company
364 and theire successors without the impediment of us our heires or
365 successors or of any the Officers or Ministers of us our heires
366 or successors and without any accompt therefore to us our heires
367 or successors to bee made All and singuler which Lawes
368 Constitucions Orders and Ordinances soe as aforesaid to bee made
369 WEE WILL to bee duely observed and kept under the paines and
370 penaltyes therein to bee conteyned soe alwayes as the said Lawes
371 Constitucions Orders and Ordinances Fynes and Amerciamentes bee
372 reasonable and not contrary or repugnant but as neare as may bee
373 agreeable to the Lawes Statutes or Customes of this our Realme
374 AND FURTHERMORE of our ample and abundant grace certaine
375 knowledge and meere mocion
376 WEE HAVE granted and by these presentes for us our heires and
377 successors doe grant unto the said Governor and Company and
378 theire Successors That they and theire Successors and theire
379 Factors Servantes and Agentes for them and on theire behalfe and
380 not otherwise shall for ever hereafter have use and enjoy not
381 only the whole Entire and only Trade and Traffick and the whole
382 entire and only liberty use and priviledge of tradeing and
383 Trafficking to and from the Territory Lymittes and places
384 aforesaid but alsoe the whole and entire Trade and Trafficke to
385 and from all Havens Bayes Creekes Rivers Lakes and Seas into
386 which they shall find entrance or passage by water or Land out of
387 the Territoryes Lymittes or places aforesaid and to and with all
388 the Natives and People Inhabitting or which shall inhabit within
389 the Territoryes Lymittes and places aforesaid and to and with all
390 other Nacions Inhabitting any the Coaste adjacent to the said
391 Territoryes Lymittes and places which are not already possessed
392 as aforesaid or whereof the sole liberty or priviledge of Trade
393 and Trafficke is not granted to any other of our Subjectes
394 AND WEE of our further Royall favour And of our more especiall
395 grace certaine knowledge and meere Mocion
396 HAVE granted and by these presentes for us our heires and
397 Successors DOE grant to the said Governor and Company and to
398 theire Successors That neither the said Territoryes Lymittes and
399 places hereby Granted as aforesaid nor any part thereof nor the
400 islandes Havens Portes Cittyes Townes or places thereof or
401 therein conteyned shall bee visited frequented or haunted by any
402 of the Subjectes of us our heires or successors contrary to the
403 true meaneing of these presentes and by vertue of our Prerogative
404 Royall which wee will not have in that behalfe argued or brought
405 into Question
406 WEE STREIGHTLY Charge Command and prohibitt for us our heires
407 and Successors all the subjectes of us our heires and Successors
408 of what degree or Quality soever they bee that none of them
409 directly or indirectly doe visit haunt frequent or Trade
410 Trafficke or Adventure by way of Merchandize into or from any the
411 said Territoryes Lymittes or Places hereby granted or any or
412 either of them other then the said Governor and Company and such
413 perticuler persons as now bee or hereafter shall bee of that
414 Company theire Agentes Factors and Assignes unlesse itt bee by
415 the Lycence and agreement of the said Governor and Company in
416 writing first had and obteyned under theire Common Seale to bee
417 granted upon paine that every such person or persons that shall
418 Trade or Trafficke into or from any the Countryes Territoryes or
419 Lymittes aforesaid other then the said Governor and Company and
420 theire Successors shall incurr our Indignacion and the forfeiture
421 and the losse of the Goodes Merchandizes and other thinges
422 whatsoever which soe shall bee brought into this Realme of
423 England or any the Dominions of the same contrary to our said
424 Prohibicion or the purport or true meaneing of these presentes
425 for which the said Governor and Company shall finde take and
426 seize in other places out of our Dominions where the said Company
427 theire Agentes Factors or Ministers shall Trade Traffick inhabitt
428 by vertue of these our Letters Patente As alsoe the Shipp and
429 Shippes with the Furniture thereof wherein such goodes
430 Merchandizes and other thinges shall bee brought or found the one
431 halfe of all the said Forfeitures to bee to us our heires and
432 successors and the other halfe thereof
433 WEE DOE by these Presentes cleerely and wholly for us our
434 heires and Successors Give and Grant unto the said Governor and
435 Company and theire Successors
436 AND FURTHER all and every the said Offenders for theire said
437 contempt to suffer such other punishment as to us our heires or
438 Successors for soe high a contempt shall seeme meete and
439 convenient and not to bee in any wise delivered untill they and
440 every of them shall become bound unto the said Governor for the
441 tyme being in the summe of one thousand Poundes at the least at
442 noe tyme then after to Trade or Traffick into any of the said
443 places Seas Streightes Bayes Portes Havens or Territoryes
444 aforesaid contrary to our Expresse Commandment in the behalfe
445 herein sett downe and published
446 AND FURTHER of our more especiall grace
447 WEE HAVE condiscended and granted And by these presentes for
448 us our heires and Successors doe grant unto the said Governor and
449 Company and theire successors That Wee our heires and Successors
450 will not Grant liberty lycence or power to any person or persons
451 whatsoever contrary to the tenour of these our Letters Patente to
452 Trade trafficke or inhabit unto or upon any the Territoryes
453 lymittes or places afore specifyed contrary to the true meaneing
454 of these presentes without the consent of the said Governor and
455 Company or the most part of them
456 AND of our more abundant grace and favour to the said Governor
457 and Company
458 WEE DOE hereby declare our will and pleasure to bee that if it
459 shall soe happen that any of the persons free or to bee free of
460 the said Company of Adventurers of England Tradeing into Hudsons
461 Bay who shall before goeing forth of any Shipp or Shipps
462 appointed for
463 A VOYAGE or otherwise promise or agree by Writeing under his
464 or theire handes to adventure any summe or Sumes of money
465 towardes the furnishing any provision or maintainance of any
466 voyage or voyages sett forth or to bee sett forth or intended or
467 meant to bee sett forth by the said Governor and Company or the
468 more part of them present at any Publick Assembly commonly called
469 theire Generall Court shall not within the Space of twenty Dayes
470 next after Warneing given to him or them by the said Governor or
471 Company or theire knowne Officer or Minister bring in and deliver
472 to the Treasurer or Treasurers appointed for the Company such
473 summes of money as shall have been expressed and sett downe in
474 writeing by the said Person or Persons subscribed with the name
475 of the said Adventurer or Adventurers that then and at all Tymes
476 after itt shall and may bee lawfull to and for the said Governor
477 and Company or the more part of them present
478 WHEREOF the said Governor or his Deputy to bee one at any of
479 theire Generall Courtes or Generall Assemblyes to remove and
480 disfranchise him or them and every such person and persons at
481 their wills and pleasures and hee or they soe removed and
482 disfranchised not to bee permitted to trade into the Countryes
483 Territoryes Lymittes aforesaid or any part thereof nor to have
484 any Adventure or Stock goeing or remaining with or amongst the
485 said Company without the speciall lycence of the said Governor
486 and Company or the more part of them present at any Generall
487 Court first had and obteyned in that behalfe Any thing before in
488 these presentes to the contrary thereof in any wise
489 notwithstanding
490 AND OUR WILL AND PLEASURE is And hereby wee doe alsoe ordeyne
491 that itt shall and may bee lawfull to and for the said Governor
492 and Company or the greater part of them whereof the Governor for
493 the tyme being or his Deputy to bee one to admitt into and to bee
494 of the said Company all such Servantes or Factors of or for the
495 said Company and all such others as to them or the most part of
496 them present at any Court held for the said Company the Governor
497 or his Deputy being one shall be thought fitt and agreeable with
498 the Orders and Ordinances made and to bee made for the Government
499 of the said Company
500 AND FURTHER Our will and pleasure is And by these presentes
501 for us our heires and Successors
502 WEE DOE grant unto the said Governor and Company and to theire
503 Successors that itt shall and may bee lawfull in all Eleccions
504 and By-Lawes to bee made by the Generall Court of the Adventurers
505 of the said Company that every person shall have a number of
506 votes according to his Stock that is to say for every hundred
507 poundes by him subscribed or brought into the present Stock one
508 vote and that any of these that have Subscribed lesse then one
509 hundred poundes may joyne theire respective summes to make upp
510 one hundred poundes and have one vote joyntly for the same and
511 not otherwise
512 AND FURTHER of our expeciall grace certaine knowledge and
513 meere mocion
514 WEE DOE for us our heires and successors grant to and with the
515 said Governor and Company of Adventurers of England Tradeing into
516 Hudsons Bay that all Landes Islandes Territoryes Plantacions
517 Fortes Fortificacions Factoryes or Colonyes where the said
518 Companyes Factoryes and Trade are or shall bee within any the
519 Portes and places afore lymitted shall bee ymediately and from
520 henceforth under the power and command of the said Governor and
521 Company theire Successors and Assignes
522 SAVING the faith and Allegiance due to bee performed to us our
523 heires and successors as aforesaid and that the said Governor and
524 Company shall have liberty full Power and authority to appoint
525 and establish Governors and all other Officers to governe them
526 And that the Governor and his Councill of the severall and
527 respective places where the said Company shall have Plantacions
528 Fortes Factoryes Colonyes or Places of Trade within any the
529 Countryes Landes or Territoryes hereby granted may have power to
530 judge all persons belonging to the said Governor and Company or
531 that shall live under them in all Causes whether Civil or
532 Criminall according to the Lawes of this Kingdome and to execute
533 Justice accordingly And in case any crime or misdemeanor shall
534 bee committed in any of the said Companyes Plantacions Fortes
535 Factoryes or Places of Trade within the Lymittes aforesaid where
536 Judicature cannot bee executed for want of a Governor and
537 Councill there then in such case itt shall and may bee lawfull
538 for the chiefe Factor of that place and his Councill to transmitt
539 the party together with the offence to such other Plantacion
540 Factory or Fort where there shall bee a Governor and Councill
541 where Justice may bee executed or into this Kingdome of England
542 as shall bee thought most convenient there to receive such
543 punishment as the nature of his offence shall deserve
544 AND MOREOVER Our will and pleasure is And by these presentes
545 for us our heires and Successors
546 WEE DOE GIVE and grant unto the said Governor and Company and
547 theire Successors free Liberty and Lycence in case they conceive
548 it necessary to send either Shippes of War Men or Amunicion unto
549 any theire Plantacions Fortes Factoryes or Places of Trade
550 aforesaid for the security and defence of the same and to choose
551 Commanders and Officers over them and to give them power and
552 authority by Commission under theire Common Seale or otherwise to
553 continue or make peace or Warre with any Prince or People
554 whatsoever that are not Christians in any places where the said
555 Company shall have any Plantacions Fortes or Factoryes or
556 adjacent thereunto as shall bee most for the advantage and
557 benefitt of the said Governor and Company and of theire Trade and
558 alsoe to right and recompence themselves upon the Goodes Estates
559 or people of those partes by whome the said Governor and Company
560 shall sustyne any injury losse or dammage or upon any other
561 People whatsoever that shall any way contrary to the intent of
562 these presentes interrupt wrong or injure them in theire said
563 Trade within the said places Territoryes and Lymittes granted by
564 this Charter and that itt shall and may bee lawfull to and for
565 the said Governor and Company and theire Successors from tyme to
566 tyme and at all tymes from henceforth to Erect and build such
567 Castles Fortifications Fortes Garrisons Colonyes Plantacions
568 Townes or Villages in any partes or places within the Lymittes
569 and Boundes granted before in these presentes unto the said
570 Governor and Company as they in theire Discrecions shall thinke
571 fitt and requisite and for the supply of such as shall bee
572 needefull and convenient to keepe and bee in the same to send out
573 of this Kingdome to the said Castles Fortes Fortifications
574 Garrisons Colonyes Plantacions Townes or Villages all Kindes of
575 Cloathing Provision of Victuales Ammunicion and Implementes
576 necessary for such purpose paying the Dutyes and Customes for the
577 same As alsoe to transport and carry over such number of Men
578 being willing thereunto or not prohibited as they shall thinke
579 fitt and alsoe to governe them in such legall and reasonable
580 manner as the said Governor and Company shall thinke best and to
581 inflict punishment for misdemeanors or impose such Fynes upon
582 them for breach of theire Orders as in these Presentes are
583 formerly expressed
584 AND FURTHER Our will and pleasure is And by these presentes
585 for us our heires and Successors
586 WEE DOE grant unto the said Governor and Company and to theire
587 Successors full Power and lawfull authority to seize upon the
588 Persons of all such English or any other of our Subjects which
589 shall saile into Hudsons Bay or Inhabit in any of the Countryes
590 Islandes or Territoryes hereby Granted to the said Governor and
591 Company without theire leave and Licence in that Behalfe first
592 had and obteyned or that shall contemne or disobey theire Orders
593 and send them to England and that all and every Person and
594 Persons being our Subjectes any wayes Imployed by the said
595 Governor and Company within any the Partes places and Lymittes
596 aforesaid shall bee lyable unto and suffer such punnishment for
597 any Offences by them committed in the Partes aforesaid as the
598 President and Councill for the said Governor and Company there
599 shall thinke fitt and the meritt of the offence shall require as
600 aforesaid. And in case any Person or Persons being convicted and
601 Sentenced by the President and Councill of the said Governor and
602 Company in the Countryes Landes or Lymittes aforesaid theire
603 Factors or Agentes there for any Offence by them done shall
604 appeale from the same That then and in such Case itt shall and
605 may bee lawfull to and for the said President and Councill
606 Factors or Agentes to seize upon him or them and to carry him or
607 them home Prisoners into England to the said Governor and Company
608 there to receive such condigne punnishment as his Cause shall
609 require and the Law of this Nacion allow of and for the better
610 discovery of abuses and injuryes to bee done unto the said
611 Governor and Company or theire Successors by any Servant by them
612 to bee imployed in the said Voyages and Plantacions itt shall and
613 may be lawfull to and for the said Governor and Company and
614 theire respective Presidentes Chiefe Agent or Governor in the
615 partes aforesaid to examine upon Oath all Factors Masters Pursers
616 Supra Cargoes Commanders of Castles Fortes Fortificacions
617 Plantacions or Colonyes or other Persons touching or concerning
618 any matter or thing in which by Law or usage an Oath may bee
619 administered soe as the said Oath and the matter therein
620 conteyned bee not repugnant but agreeable to the Lawes of this
621 Realme
622 AND WEE DOE hereby streightly charge and Command all and
623 singuler our Admiralls Vice-Admiralls Justices Mayors Sherriffs
624 Constables Bayliffes and all and singuler other our Officers
625 Ministers Liege Men and Subjects whatsoever to bee ayding
626 favouring helping and assisting to the said Governor and Company
627 and to theire Successors and to theire Deputyes Officers Factors
628 Servantes Assignes and Ministers and every of them in executeing
629 and enjoying the premisses as well on Land as on Sea from tyme to
630 tyme when any of you shall thereunto bee required
631 ANY STATUTE Act Ordinance Proviso Proclamacion or restraint
632 heretofore had made sett forth ordeyned or provided or any other
633 matter cause or thing whatsoever to the contrary in any wise
634 notwithstanding
635 IN WITNESS WHEREOF we have caused these our Letters to bee
636 made Patentes WITNESS OURSELF at Westminster the second day of
637 May in the two and twentieth yeare of our Raigne
638
639 By Writt of Privy Seale
640
641 Source:
642
643 (London: Hudson's Bay Company, 1949).
645 ==========================