A JOURNAL OF Several Remarkable Passages, BEFORE The Honourable House of Commons, and the Right Honourable the Lords of Their Majesty's Most Honourable Privy Council: RELATING TO The East-India Trade.  
THE Ruinous Condition of our Trade to the East-Indies, having put several Merchants and others upon considering by what means so Advantageous and Profitable a Trade, might be secured from being utterly lost to this Kingdom, and (if possible) be re-establisht— It was concluded, that the most likely way to obtain that end, was to endeavour the procuring an Act of Parliament for establishing a new East-India Company, founded on a new and sufficient National Joint-Stock, clear of all Encumbrances. Whereupon those Merchants prepared the following Petition which was delivered to the Honourable House of Commons, the 23 October 1691. Praying such an Establishment.  
To the Honourable the Commons of England in Parliament Assembled. The Humble Petition of several Merchants and Traders in and about the City of London, and other Their Majesty's Subjects.  
Shows,  
THat the Trade to East India is of great Importance to this Nation, and yet by the manifold abuses and unlawful Practices of the present East- India Company both at home and abroad, (who have managed the same only for their Private Gain, without any regard to the Public Good) the said Trade is like to be utterly lost to this Kingdom, and to fall into the hands of Foreiners, unless timely prevented by some better Regulation thereof, on a New Joint-Stock and Constitution.  
Your Petitioners therefore most Humbly pray, this Honourable House, for preventing so National a mischief, to take into your Consideration the Establishing a New East-India Company in such manner and with such Powers and Limitations, as in your great Wisdom shall be thought most conducing to the preservation of so beneficial a Trade to this Kingdom.  
And Your Petitioners shall ever Pray, etc.  
This Petition was Signed by a great Number of Gentlemen, Merchants, and other Traders; who, together with several Noble Lords, shown their Willingness to Promote so good a Work, and to be Concerned the several Sums by them Subscribed towards Raising such a Stock to carry on that Trade: making it their request to those persons, who had engaged themselves therein, to pursue their endeavours to procure such an Establishment; as appears by a Writing Signed to that effect, Copy whereof follows.  WHereas the Trade to East-India is of very great importance to this Nation, and yet through the many Abuses and Unlawful Practices of the Managers of the present Joint Stock, both at home and abroad, is like to be utterly lost, if some speedy Care be not taken by Application to Their Majesties and the Parliament, to procure a regular and lawful Establishment of the same, which cannot be completed without a new and sufficient National Joint-Stock clear of all Encumbrances. And Whereas divers Eminent Merchants and Traders in and about the City of London are accordingly endeavouring to procure such an Establishment for the Benefit and Advantage of all Persons who shall or will be concerned in the said Trade; We the Subscribers being willing to promote so good a Work, and desirous to preserve a Trade so highly beneficial to Their Majesties and this Kingdom in general, do hereby severally Promise and Oblige ourselves, so soon as such Establishment shall be made, to pay the several Sums of Money by us Subscribed towards raising the said Stock at such time and place as a Committee to be chosen by the major part of us the Subscribers shall direct and appoint. And we do hereby make it our Request to those Persons, who have engaged themselves by a certain Writing under their hands bearing date the 8 instant to endeavour the procuring such Establishment to pursue those their endeavours to perfect and complete the same. And we do hereby further promise to allow and pay them out of the said Joint Stock (when the same shall be settled as aforesaid) all such Sums of Money as shall be thought necessary by them to be laid out and disbursed in obtaining the said Establishment according to the true intent and meaning of this Preamble so as the account thereof be Allowed and Signed by the major part of those who have Subscribed the Writing above mentioned. 
The Honourable House of Commons shown a very great inclination and readiness to promote an undertaking so necessary and advantageous to this Kingdom, and made a considerable Progress therein.  
But finding themselves prevented in the Accomplishment of it, as well by the pressing occasions of other Public Affairs, as by the great opposition of the then Company, they presented to His Majesty the following Address.  
Sabbati, 6 die Februarii, 1691.  
Resolved,  
That An humble Address be made to His Majesty, to Dissolve the present East-India Company, according to his Power reserved in their Charter; and to constitute another East India Company, for the better preserving the East-India Trade to this Kingdom, in such manner as His Majesty in His Royal Wisdom shall think fit.  
Resolved,  
That the said Address be Presented by the Whole House.  

Jovis, 11 die Februarii, 1691.  
Mr. Speaker Reported to the House, That he did yesterday Present to His Majesty, their Humble Address touching the East-India Company; and that His Majesty was pleased to express Himself to this effect:  That it was a matter of very great Importance to the Trade of this Kingdom, and that it could not be expected, He should give a present Answer to it; but that He would take time to consider of it, and in a short time give them His positive Answer. 
Whereupon, His Majesty, during the recess of the Parliament, referred the Consideration of the Settlement of that Trade, to a Committee of the Lords of His Most Honourable Privy Council; who were likewise prevented therein by the then Company; as may appear by the Regulations which their Lordships proposed to them, and their Answer, together with His Majesty's Message, sent to the House of Commons the last Sessions, complaining of their Carriage upon that occasion; all which being lately Printed, it will be needless to repeat them.  
The Merchants, who were entrusted in endeavouring to obtain the Establishment of a New East-India Company by Act of Parliament, delivered another Petition to the Honourable House of Commons in the next Sessions, as follows, (viz.)  
To the Honourable, the Knights, Citizens, and Burgesses in Parliament Assembled. The Humble Petition of several Merchants and Traders, in and about London, and other Their Majesty's Subjects:  
Shows,  
THat the Petitioners, with many others, did in the last Session of Parliament make their humble Application to this Honourable House, for the Erecting a New East-India Company, to preserve that Trade; which, for want of Settlement, is in great measure lost to this Kingdom, will wholly fall into the hands of our Neighbours, unless timely prevented.  
The Petitioners therefore humbly pray this Honourable House, to take into Consideration the Erecting of a New East-India Company, for the Retrieving and Securing that Trade to this Nation; in such manner as to the Great Wisdom of this House shall seem most Expedient.  
And Your Petitioners shall ever Pray, etc.  
This Petition was delivered the 14th of Novemb. 1692. being the same day the aforesaid Message from His Majesty was sent them: Wherein He acquainted the House, That the Settlement of that Trade could not be perfected, but by Parliament; and Recommended it to them, to prepare a Bill in Parliament for that purpose. Accordingly they prepared a Bill, for the Erecting of a New East-India Company; but the perfecting of the same being again prevented by the Late Company, that Honourable House made a second Address to His Majesty, only to Dissolve the said Company; which, together with His Majesty's Aswer, was as follows.  
Sabbati 25 die Februarii 1692.  
Resolved, That an Humble Address be Presented to His Majesty, That he will Dissolve the East-India Company upon Three Years warning to the said Company according to the Power reserved in their Charter.  
Resolved, That the said Address be presented by the whole House.   

Veneris 30 Die Martis 1692.  
Mr. Speaker reported to the House, That he did yesterday present to His Majesty their Address touching the East-India Company, and that His Majesty was pleased to express himself to this Effect, Viz.  
Gentlemen,  
I will always do all the Good in my Power for this Kingdom and I will consider your Address.  
Soon after the Rising of the Parliament, it was generally reported, Regulations were agreed on, to establish the Late Company, adding 756000 l. to their Stock by new Subscriptions, without any Security; which Sum, with their supposed 744000 l. should make a Stock of 1500000 l. being what the House of Commons had Voted a Fund necessary to carry on that Trade. The Members of the Company having given assurance, that the 756000 l. would be readily Subscribed amongst themselves on those terms, if others should decline it.  
A New Charter was thereupon ordered to be prepared, and it was given out, That all Persons were satisfied with, and agreed to these Regulations, and particularly, that they were approved of by all, or the most of those, who had been entrusted to procure the Settlement of this Trade, in a New Company, established by Act of Parliament.  
But they being far from approving any such Proceed, thought themselves concerned to Vindicate their own Reputation; lest they should be censured as consenting thereunto, and so to have betrayed that Trust which was reposed in them; viz. To endeavour the obtaining the Establishment of a New Company for that Trade by Act of Parliament, with a New and Sufficient Joint-Stock, free of all Encumbrances. Therefore they resolved to Petition His Majesty; in which all those who first engaged in the prosecution of that Business, concurred, excepting one, who desired to be excused; and another, who had already changed his mind; acting in behalf of the Late Company, in opposition to what he had at first undertaken. The Petition was delivered the 23d of March, as followeth, viz.  
To the King's Most Excellent Majesty: The Humble Petition of divers Merchants, and others of the City of London.  
Shows,  
THat the Petitioners, with many others, (after their humble Application first made to Your Majesty) did prefer their Petitions to the Commons of England in Parliament assembled, the two last Sessions, for the Establishing a New East-India Company, and preserving that Trade to the Nation: whereupon two Addresses to Your Majesty, ensued from the said House.  
Now in as much as the Petitioners do most humbly conceive, That such an Establishment by a New, Free, and National Subscription, for the Raising a sufficient and real Fund to carry on that Trade, would be of great Advantage to this Kingdom, and most acceptable to Your Majesty's Subjects in general: And that the Adding New Subscriptions to the Imaginary Stock of the present Company, would expose such of Your Majesty's Subjects as should Join with them, to a certain great Loss and Damage; and their New Money become liable to Pay the Debts and Demands due from the present Company; whereby all the Stock raised by such New Subscriptions may be swallowed up, and consequently the entire Loss of that Trade endangered.  
The Petitioners therefore most humbly Pray, That Your Majesty (out of Your Princely Care for the Good of Your People) would be graciously pleased to take the same into Consideration: so that the aforesaid Mischiefs may be prevented, and all Your Majesty's Subjects made Partakers of the Benefit of that Trade upon Equal Terms.  
And Your Petitioners (as in Duty bound) shall ever Pray, etc.  
The Parliament having Taxed several Joint-Stocks, the last Sessions, and (among others) the Joint-Stock of the East-India Company, and Rated it at 744000 l. and the Members of the East-India Company, who were of that Honourable House, pleading to excuse that Tax, That their Stock would be worth little or nothing, if they Paid their Debts: it was thereupon Enacted as follows. And in case the Governors and Treasurers of the said respective Companies shall make Default in Payment of the said several Sums, or any of them respectively, Charged on the Stocks of the said Companies, at the Days and Times aforesaid, according to the true Intent of this Act, the Charter of such Company respectively, shall be, and is hereby Adjudged to be Void.  
The Company nevertheless made Default in Paying the first quarterly Payment, of the said Tax, on the 25 of March, being the day limited in that Act; whereby their Charters became absolutely Void: which put a stop to the further proceeding of their intended New Charter.  
Hereupon it was generally concluded, This Accident would have given a favourable Opportunity for the speedy Settlement of that Trade, on such a Foundation as the House of Commons had desired, and the Nation expected; which had before been so long Obstructed by the Late Company; seeing they were now Dissolved by their own Act, and thereby the difficulty of the Three Years Warning was wholly removed.  
But those Hopes were soon dissipated; Orders being given, for the drawing a New Charter, to Restore to the Late Company not only their former Grants, but to establish new Regulations, appointing 756000 l. to be added by new Subscriptions, to their supposed 744000 l. without any Security to be given, to make their Stock worth it;— in like manner as it was resolved to have been done, if their Charters had not been Forfeited.  
Upon which, those who had been entrusted to obtain the Establishment of a New East-India Company by Act of Parliament, entered Caveats at all the Offices, against the Passing any Grant to the said Company; that so nothing might be wanting on their parts to Oppose it. But the Difficulties were so great, in Modelling such a Charter as was proposed, that after some time spent, at last it was judged most practicable, and expeditious; first, to Grant a Charter of Incorporation and Restoration; and afterwards, to add to it the other intended Regulations.  
Notice was sent to those who were concerned in the Caveats, that they might attend the Right Honourable the Earl of Nottingham, on Monday the 31 of July, and be heard, as to what they had to say against the Passing the Grant to the East-India Company, which was then before his Lordship: At which time several Merchants attended his Lordship on both sides, whom his Lordship made acquainted with the Contents of that Grant; a Copy of which was desired; by those who were concerned in the Caveats; and that some time might be allowed them, to make such Exceptions as they should be advised were Necessary, and (the Company consenting) a Copy was granted, which was delivered the next day in the Evening; and the same Afternoon Her Majesty's pleasure was signified, That those who did Oppose the Passing the Grant to the East-India Company, should be heard before Her Majesty in Council, the Thursday following.— They attended accordingly, and having informed Her Majesty, That they could not possibly Instruct their Counsel, or be ready themselves at so short a warning, to give Her Majesty the Satisfaction which was necessary in a matter of so great concern, they Humbly Prayed 14 days longer time; to which Her Majesty was graciously pleased to condescend, and Ordered that all Persons should attend the 17 day of August, as appears by the following Order.  
At the COURT at White-Hall: The Third of August, 1693. Present, The QVEENS Most Excellent Majesty, in COUNCIL.  
A Draught of a New Charter to the East-India Company having been Presented to the Queen, and several Merchants and Traders having Humbly Prayed to be Herd before the Passing of the said Charter: Her Majesty in Council is pleased to Order, and it is hereby Ordered accordingly, That this Matter be Herd at the Board this day Fortnight; Whereof all Parties concerned are to take Notice, and to give their Attendance accordingly.  
William Bridgman.  
Those who called themselves the East-India Company, having Petitioned Her Majesty for Protection for 1200 Seamen; (a Method practised by all Traders during this War;)— On the 17th of August the Merchants that Opposed the Late East-India Company, Delivered a Petition also to Her Majesty in Council, Praying Protection for 400 Seamen, to Man 5 Ships for the East-Indies, this Season. For as there was no Law, so neither was there at that juncture, so much as the Pretence of any Charter, to hinder them in the Prosecution of that Trade; or which could give colour to Deprive any of Their Majesty's Subjects of an equal Enjoyment of it: And if it had not been for the War, and the want of Protections for Seamen, they would have Entered their Ships at the Customhouse Bare-faced for the East-Indies, and stood upon the Law for their Justification.— The Petition following was Read, but no Order was made thereupon.  
To the Queen's Most Excellent Majesty: The Humble Petition of several Merchants and Traders of the City of London, in Behalf of Themselves, and others Your Majesty's Subjects;  
Shows,  
THat whereas the Petitioners are Advised by Counsel Learned in the Law, That they and all Your Majesty's Subjects have an Equal Right to the Trade of the East-Indies: And for as much as the Petitioners have Provided considerable quantities of Cloth, and other Manufactures of this Kingdom, to be Exported thither; and that the Exportation thereof for other Parts, is very much Interrupted, by reason of the present War, to the Great Damage and Discouragement of the Manufacturers:  
The Petitioners therefore Humbly Pray, Your Majesty would be graciously pleased, to Order, That the Petitioners may have Four Hundred English Seamen, to go to the East-Indies in Five Ships; to carry out such Woollen and other Goods, as they shall Provide to be Exported thither this approaching Season.  
And Your Petitioners shall ever Pray, etc.  
The same day, in pursuance of the Order of the 3d of August, all Parties Appeared, and being Called in, the Merchants who Opposed the Passing of the Late Companies Charter, Represented to Her Majesty:—  
I. The Unseasonableness of the Time for doing it; so near the Sessions of Parliament; to whom the Settlement of this Trade was Recommended, by His Majesty's Message sent the House of Commons, the Last Sessions.  
II. The Unlawfulness of a Grant of the Sole Trade to some, Exclusive of others.  
III. The Illegality of several other Clauses, and Powers contained in their former Charters, intended to be restored.  
The Power of Her Majesty's Prerogative to Grant that Trade to some, and Exclude others, was Vigorously Asserted and Maintained as Law: Whereupon it was Proposed by the Merchant's Council, that an Issue should be settled, in which they would join, and bring that Point to a Trial the next Term, that so it might be Legally determined; But this was declined, and it was alleged the matter had been Legally determined already by a Judgement in Westminster-Hall; which Judgement its remarkable was given in a Time, when Judges did also declare the Crown had a Power to Dispense with all Laws, neither of which Judgements were ever esteemed as Law by Men Skilled in that Profession.  
After much Time spent in hearing the Arguments on both sides, the Parties were dismissed without any resolution taken; and Her Majesty not having declared her Pleasure on the Petition which was delivered for Protection for 400 Seamen to go to the East-Indies this Season. The 31th August the Merchants delivered Her Majesty in Council another Petition to the same effect as the former.  
To the Queen's Most Excellent Majesty: The Humble Petition of several Merchants, in behalf of themselves and others.  
Shows,  
THat whereas the Petitioners and several others, in Pursuance of the Right, which they conceive they have by Law to Trade to the East-Indies, did lately make their Humble Application to Your Majesty for 400 English Seamen to go thither in Five Ships, and carry out such Cloth and other Goods as they should provide to be exported thither this approaching Season.  
The Petitioners therefore Humbly Pray Your Majesty to take their said Application into Consideration, and Order them Protections for 400 Seamen to go to the East-Indies this Year, it being now high time to make Provision for the said Voyage, or that they may be heard thereupon before Your Majesty in Council.  
And Your Petitioners (as in Duty Bound) shall Pray, etc.  
And the same day these Three other Petitions were likewise delivered.  
To the Queen's Most Excellent Majesty: The Humble Petition of several Merchants, in behalf of themselves and others.  
Shows,  
THat whereas a Grant is now depending, for the Restoring and Confirming to the Late East-India Company their former Charters; and the Petitioners, with several others, having in Obedience to Your Majesty's Commands, Attended Your Majesty in Council; Offered some Reasons against the Passing that Grant; and being advised, That as the said Charters are Voided by Act of Parliament, they cannot be Restored; and that they contain certain Clauses and Powers Repugnant to the Laws of this Land, Magna Charta, and several other Statutes. And whereas the Late Company have formerly by colour of those Illegal Powers, greatly Oppressed Your Majesty's Subjects; and that the Restoring them the said Charters, containing Powers which are in themselves unlawful (notwithstanding the seeming Qualification mentioned in the said Grant, as far as they may be lawfully used) will induce those who are to have the Execution of them, to think all such Powers to be Lawful; they having already Executed them as such: Whereby Your Majesty's Subjects will be exposed to great and vexatious Oppressions.  
And, in as much, as we humbly conceive, That the Right and Property of all the Subjects of England is concerned in this Grant; which seems to be a Sentence against their Right to the Freedom of that Trade, of which they are now in actual Possession by several Acts of Parliament; and to subject their Persons and Estates, to the Fines, Forfeitures, and Punishments in the Charters intended to be restored; or to vexatious and ruinous Suits at Law, to defend themselves against a Corporation; which was more fully and largely Represented to Your Majesty by the Petitioners Council.  
The Petitioners therefore Humbly Pray Your Majesty would be graciously pleased, in consideration of the Premises, to suspend the Passing the said Charter, until the Petitioners Right to this Trade be determined by a due Course of Law; in which the Petitioners, for their Parts, are willing to Join Issue, in Order to bring it to a Trial this next Term.  
And Your Petitioners (as in Duty bound) shall ever Pray, etc.  
To the Queen's Most Excellent Majesty: The Humble Petition of several Linendrapers' and others of London, Trading in East-India Goods.  
Shows,  
THat whereas the Trade to the East-Indies, through the ill Conduct and Management of the late East-India Company, is very much impaired, and in danger to be utterly lost in this Kingdom, and that by reason of the great scarcity and dearness of Calicoes, and other East-India Goods; for want of the said Companies Importing them from the East-Indies; this Nation hath been of late supplied therewith by Stealth from Holland, at excessive dear Rates; to the great damage of the Petitioners Trade, and Diminution of Your Majesty's Revenue.  
And whereas Your Petitioners are informed, That a New Charter is now under Your Majesty's Consideration, whereby this great Trade is intended to be granted to the Late Company, Exclusive to all the rest of Your Majesty's Subjects; and to be Monopolised into a few hands of those very Persons, who have already so much abused and impaired it.  
Now in as much as Your Petitioners do humbly conceive, and are advised, That all Your Majesty's Subjects have an equal Right to that Trade by Law:  
The Petitioners therefore Humbly Pray Your Majesty, That You would be graciously pleased to Order, That the said Charter may not be Passed; but that the Petitioners, and others Your Majesty's Subjects, may equally enjoy the Freedom and Liberty of that Trade; that so it may be Preserved from being Lost, and this Kingdom supplied directly from the East-Indies upon more moderate Terms, than now it is from Holland. To the Support of the Petitioners in their Trade, and the great Increase of Your Majesty's Customs.  
And Your Petitioners shall ever Pray, etc.  
To the Queen's Most Excellent Majesty: The Humble Petition of the Clothiers, and other Woollen Manufacturers in the County of Gloucester.  
Shows,  
THat Your Petitioners, finding the Trade for Turkey and the straits, in a manner wholly Obstructed, by reason of which little or no Cloth Sells; and for that the Petitioners have great Quantities of Goods upon their hands Unsold, and have not Stock enough besides to Employ the poor Spinners, Weavers, and other Workmen, and daily Cry at their Doors for Work.  
Therefore we do Humbly Beseech Your Majesty, That a General Liberty may be Granted at this time, to Export freely the Woollen Manufactures for the East-Indies; which Trade will take off Yearly, Ten times the Quantity of Cloth, which hath been Transported for those Parts for several Years last passed.  
And your Petitioners shall ever Pray, etc.  
Whereupon, Her Majesty was pleased to Order, That Copies of the several Petitions should be given to the Late Company; to which they should make Answer in Writing: which Order follows.  
At the COURT at White-Hall: The 31 of August, 1693. Present, The QVEENS Most Excellent Majesty, in COUNCIL.  
UPon Reading this day at the Board the Petition of the Clothiers and Woollen Manufacturers in the County of Cloucester, two Petitions of several Merchants, in behalf of themselves and others; and the Petition of several Linen-drapers' and others of London, Trading in East-India Goods: Her Majesty in Conncil is pleased to Order, That the East-India Company have Copies of the said Petition, and return their Answers in Writing to the same, to this Board.  
William Bridgman.  
In pursuance whereof, the next Council-day, being the 7 of September, the Company gave in their Answer.  
To the QUEENS Most Excellent Majesty: The Humble Answer of the Governor and Company of Merchants of London, Trading into the East-Indies; To the several Petitions delivered unto Your Majesty in Council, the 17th and 31th of August last.  
THE Scope of the said Petitions seems to be, That the Charter for Confirmation of the Company lying before Your Majesty, should not Pass the Seals, because the Petitioners pretend, that all Your Majesty's Subjects have a right Indifferently to Trade to the East-Indies, by the Laws of this Realm; and some of them desire Leave and Protection, to send out Five Ships and Four Hundred Men to India  
Whereunto the Company crave leave to Answer in General, That they Humbly Conceive the Question now is, Whether the Petitioners shall have liberty to Trade in a Joint-Stock; or licentiously and disorderly, contrary to the Ancient Wisdom of this Nation and all other Nations in Europe, even of Commonwealths as well Monarchies; and contrary to the Votes of the Honourable House of Commons: Such Licentious Trading at last ending in the public damage, dishonour, and loss of the Trade itself to this Kingdom; because that particular Traders, without any regard to the public Advantage, do drive only a private Interest, to Enrich themselves in a Voyage or two; to the great Loss and Prejudice of the Company, who have at vast Charge and Hazard, maintained and enlarged this Trade, to the Honour of this Nation. And the Company humbly conceive, the sad Consequences of such Practices in the late usurper's time, are pregnant Instances of what Damage to the Trade in General, such lose and free Trading is like to prove.  
But that they may not Omit giving Answer to whatsoever they conceive Material in the said Petitions, besides what hath been already offered.  
They Humbly Crave Leave to Reply as follows, viz.  
To the Petition of several Merchants, in behalf of themselves and others; Relating to the Charter now lying before Your Majesty.  
The Company Humbly Say, That the said Petition is to Suspend the Passing of the said Charter, prepared for Restoring and Confirming to the Company the Lawful Liberties and Privileges formerly Granted to them by Your Majesty's Royal Predecessors, Kings and Queens of England; pretended by the Petitioners to be Avoided by the Nonpayment of the First Quarterly-payment laid upon several Joint-Stocks, by a late Act of this present Parliament. And the Reason of such Stop seems to be taken, 

I. From the Nature of the Avoidance, which (as it is said) is by Act of Parliament; and so (as is pretended) not to be Restored by Your Majesty's Power only.  
II. That such Restition is against Law; as giving the Company the Sole Trade to the Indies.  
III. That the Intended Charter of Restauration contains Clauses and Powers repugnant to the Laws of the Land.    
The Respondents Humbly Crave Leave to Represent to Your Majesty, That though it should fall out in strictness of Law, that their former Charters should be Avoided for that Neglect or Omission, in not paying the first quarterly-payment at the precise day limited for the Payment; Yet the Respondents Humbly Hope, Your Majesty will not be pleased to suffer that Advantage to be taken against them: since the full intent and meaning of the Parliament hath been performed by the actual Payment of the Money in a few days after the precise day; which prefixed Time of Payment, by reason the Act came not forth in Print till that very day, was not certainly known to the Respondents, till that very day (being Lady-day) upon which by Ancient Usage Your Majesty's Recepit of the Exchequer hath not been open.— However, they so far proceeded to Comply with the Letter of the Law, as to Provide the Money ready to Pay it, had the Officers of the Receipt been there to Receive it: and the same, as also another subsequent Payment hath been Answered and Paid to Your Majesty. So that if the Respondents have Failed in any Punctilio, according to the strictness and nicety of Law, in not Paying it in upon the first precise Day; yet the Respondents humbly conceive, the Parliament added the Forfeiture of Charters, as a Penalty only to Oblige the Payment of the Money, and with no other Intention; and have added no Disability to have them restored by Charter. And it is an Inherent Right in the Crown, either to Create or Restore Corporations; and Relief in Westminster-Hall is daily given against Forfeitures for Nonpayment of Money, or Rent, at the Day; whereby Leases, Estates, and Bonds become Forfeited, and New Estates and Leases decreed to be made. And Your Majesty is Your Own Chancellor, in this Case; for could the Ordinary Court Restore a Corporation, it might, and would certainly be done there; but that being a Flower of the Crown, can only be done by Your Majesty, and with Submission; stands upon the same Natural Equity and Justice, as Relief against any other Forfeitures of Estates do, nor doth the Avoidance arising by Non-performance of a matter Enjoined by Parliament, alter or lessen the Right of the Prerogative in Making or Restoring Corporations, nothing being against it in the Act.  
As to the 2d. point, Wherein the Petitioners deny Your Majesty's Power to grant the sole Trade to the East-Indies to a Company, That power is sufficiently justified by the long and ancient Practice in making of Companies, and granting them the sole Trade to several places, as in particular to the Hamborough, the East-land, the Turkey Company and others, who all derive and enjoy the power of such Trade, under and by Virtue of Royal Charters only; and there is something more of reason for the Interposition and Exercise of the Royal Prerogative in the East-Indies, which are inhabited by Infidels, that by the Laws of the Land are accounted perpetual Enemies, than in other places not Infidel, and the Crown hath been in Possession of this Prerogative as to the East-India Trade, in and ever since the Reign of Queen Elizabeth (when it was Discovered first in England) without Interruption, till of late invaded by some bold Interlopers, under the name of Free-Traders. Notwithstanding the Petitioners have and do vainly pretend that Trade is and aught to be Free to all Your Majesty's Subjects, by force (as they allege) of some Ancient Acts of Parliament, which (for want of a right Apprehension and Understanding,) they misapply to this purpose. And upon the Consideration of them and of what else could be objected against this Royal Power, a solemn Judgement of your Majesty's Supreme Court of justice in Westminster-Hall hath past, and remains in force, in affirmance of this Your Majesty's undoubted Prerogative.  
As to the Third Objection that the Charter of Restoration and Confirmation prepared, contains Clauses and powers repugnant to the Laws of the Land. The Respondents are advised, and humbly Insist, that by that Charter the Company will be restored to nothing but what they lawfully held and enjoyed before the alleged avoidance of their Charter, and that by this restitution they are not, nor can be presumed to be restored unto, or to have any thing confirmed unto them, but what is Legal, and warranted by the Laws of the Land, the Words being tied up and restrained to what is Legal only, so that if there were any in their former Charters not warranted by Law, they cannot by Virtue of this Charter make any Pretence to it, nor put it in Execution, so that there can be no reasonable Objection against this Charter, which restores to the Company only what is lawful, and hath been lawfully enjoyed by them, and when such Charter is granted, and the Companies Ancient Right restored, they shall be ready to Assert Your Majesties and their Right thereby, in a due and legal Course as occasion shall offer.  

In Answer to the Petition of the clothiers and Woollen Manufacturers.  
The Respondents Humbly say, That in the years 1689, 1690. by reason of Your Majesty's Occasions they could not be permitted to send out more than 4 Ships, and therefore could not Export so large a quantity of the Manufacture of this Kingdom as otherwise they would, but having liberty for a greater quantity of Shipping, in the 2 last years they exported to India on their Tonnage to the Value of about 100000 l. in Cloth and other Goods of the Product of this Kingdom, and they do farther humbly assure Your Majesty that they will send out this year upwards of 100000 l. of Woollen Cloth and other Goods of the Growth, Product and Manufacture of this Kingdom, pursuant to the late Votes of the Honourable House of Commons, if they may obtain a sufficient Number of Shipping.   

In Answer to the Petition of the Linen Drapers and others, Trading in East-India Goods.  
The Respondents humbly say, that the small number of Shipping sent out in the Years 1689 and 1690 for want of Leave and Protection for their Men, and the late unhappy loss of the Shrewsbury and Orange, both cast away homeward bound, and the Herbert, unfortunately blown up in Fight with Six French Men of War in India, these are the reasons of the present Scarcity of East-India Commodities, but this will be remedied by the Two Ships now arrived, Five more this year expected, and Nine the next, (God sending them safe) which will furnish the Markets with sufficient quantities of all sorts of Indian Goods, and with Salt-Peter for the supply of Your Majesty's Occasions.   

As to the Petition relating to the Five Ships and 400 men.  
The Respondents conceive them to be designed to gain countenance from Your Majesty, That the Petitioners may by Your Majesty's Allowance to such a Private and Licentious Trade as is desired, Invade and lesson Your Majesty's Royal Prerogative of Restoring the Company and Granting that Trade as by Law Your Majesty may, and Your Royal Predecessors have done, and therefore humbly hope no such Allowance shall be granted to them, but that Your Majesty will be graciously pleased to give speedy and effectual Order for the Passing of the Charter now lying before Your Majesty.  
East-India House Septemb. 7. 1693. Signed by Order of the Governor and Company Rob. Blackbourne, Sec.   
And it was thereupon Ordered that the Parties concerned might have Copies thereof, and that they should be heard the next Council day, as may appear by the Order following.  
At the Court at White-Hall, the 7th. September 1693. By the Right Honourable the Lords of Their Majesty's Privy Council.  
UPON Reading the Answer of the East-India Company, to the several Petitions read at this Board on the 17th. and 31th. of the last Month against passing their Charter, it is this day Ordered in Council, that this business be, and it is hereby appointed to be heard at this Board on Thursday next, and that the Parties concerned have Notice hereof, and give their attendance accordingly, and that in the mean time Copies of all Papers relating hereunto be given to such as shall desire the same.  
Rich. Colinge.  
The Merchants who opposed the East-India Companies Grant, attended, and presented a Petition on the 7 of September, praying that some persons might Sign that Paper, delivered to Her Majesty, called the East-India Companies Answer, because in effect it was no bodies,— And they were apprehensive that their Reply thereunto, as the Companies Answer, might seem to admit them to be a Company subsisting, whereas their Charters being void, there was really no such thing in being, which petition follows, viz.  
To the Queen's Most Excellent Majesty: The Humble Petition of several Merchants in and about the City of London, on the behalf of themselves and others.  
Shows,  
THat whereas a Paper was delivered to the Lords of Your Majesty's most Honourable Privy Council on the 7th September instant, entitled The Humble Answer of the Governor and Company of Merchants of London, Trading into the East-Indies, etc. and the Petitioners being thereupon Ordered to attend Your Majesty in Council this day, They do humbly lay before Your Majesty, that as the said Paper contains several points of a various and comprehensive Nature, which concern Your Majesty's Royal Prerogative, as well as the Rights and Properties of all the People of England, and which being matters of the highest consequence that can come into Debate, the Petitioners Reply thereunto will require the greater consideration, that so according to their Duty they may endeavour to give Your Majesty entire satisfaction therein, which they cannot be prepared to do in so short a time.  
And forasmuch as the Petitioners do humbly conceive, and are advised by their Council that there is no East-India Company in being at this time, the Charters of the late Company being Void, the said Paper is in fact the Answer of no body, and consequently not one person liable, either to own or justify the contents thereof.  
The Petitioners therefore humbly pray, that in consideration of the Premises Your Majesty would be gracionsly pleased to Order that the Petitioners may have 14 days longer time, and that in the interim, those who are concerned in the said Paper, may be required to Sign the same, that so some persons may be liable to justify its contents, and that the Petitioners by replying thereunto (as it now lies before Your Majesty) may not be drawn to admit them to be a Company subsisting, who are Dissolved and Extinct.  
And Your Petitioners shall ever Pray, &c  
Her Majesty was not pleased to Order that the Answer should be Signed, but Granted them one Weeks time longer. See the Order following, Viz.  
At the COURT at White-Hall: The 14th. of September, 1693. Present, The QVEENS Most Excellent Majesty, in COUNCIL.  
IT is this day Ordered by Her Majesty in Council, That the Business concerning the Passing of a Charter to the East-India Company be, and it is hereby appointed to be Herd at this Board on Thursday next, Peremptorily, and without any farther Delay, or admitting of any Excuse whatsoever. Of which as well the said Company, as the Petitioners, who have preferred Petitions against passing of the said Charter, and all others concerned, are to take Notice, that they may give their Attendance accordingly.  
Rich. Colinge.  
The 21st of September, according to the Order of Council, all Parties attended, and the Merchants who opposed the Late Companies Charter, gave this following Reply to the Companies Answer, Viz.  
To the Queen's Most Excellent Majesty. The Humble Reply of several Merchants and others (who Petitioned Your Majesty in Council on the 17 and 31 of August last) to the Answer of certain persons Styling themselves the Governor and Company of Merchants of London Trading into the East-Indies.  
THE Petitioners, by reason of the present War, did Humbly Beseech Your Majesty's Protection for 400 Seamen, to go in Five Ships to the East-Indies, in humble confidence of Your Majesty's Granting the same: for that, (as the Petitioners are advised) that Trade is Free, by the Laws of this Land, to all the Subjects of England. In which they find themselves Obstructed by those, who being but private Persons, are in the same Condition with the rest of Your Majesty's Subjects; and yet do assume to themselves the Name and Power of a Corporation, tho' they are actually Dissolved by Act of Parliament; which is the highest Judgement can be given against them. And yet those very Persons who now Oppose the Petitioners, in obtaining Protection for 400 Seamen, have themselves Petititioned for Protection for 1200 Seamen; and have also pressed Your Majesty, to have this Trade granted solely to them, and to restrain the Petitioners and all other Your Majesty's Subjects, from the Lawful Exercise thereof; tho' such Restraints are not warrantable by Law.  
As to the Allegation made by the Respondents, That the Question now is, Whether the Petitioners shall have Liberty to Trade in a Joint-Stock, or otherwise.  
The Petitioners humbly Reply, That that is no part of the Question; in regard the matter in dispute is, Whether all Your Majesty's Subjects have not an Equal Right to that Trade; and Whether they can be Legally Excluded from the same but by an Act of Parliament? And because the Respondents have insinuated, in their own Commendation, That they have Managed that Trade to the Honour of the Nation: The Petitionors do aver, and are ready to prove, That their Unjust and Unwarrantable Actions, have been such as have tended to the Scandal of our Religion, to the Dishonour of the Crown and Nation, the Reproach of our Laws, the Oppression of the People, and the Loss of the Trade itself: For some of which, they and their Agents have been justly Censured in Parliament.— But to follow the Respondents in their own Method.  
As to the Petition, relating to the Charter now lying before Your Majesty.  
The Petitioners in all humility Reply, That the Respondents have endeavoured to Evade the main Scope thereof; which was not (as they insinuate) only to suspend the Passing of the Charter, but that the Petitioners Right to the Freedom of that Trade might be determined by a due course of Law: In order to which, the Petitioners offered to Join in a speedy Trial, which would settle this matter; and the Respondents avoiding it, plainly argues their own Conviction, that the Law is against them; which makes them decline that Method of a Legal Determination, by which the common Rights of all Men are, and aught to be decided: and therefore endeavour to draw it into question before Your Majesty in Council; where they themselves know it cannot be determined. But the Petitioners, in humble Confidence of Your Majesty's Justice, hope that Your Majesty will not deprive them and the rest of Your Majesty's Subjects of their Right thereunto: For that the Petitioners are advised, That not only the Executing such Prohibitory Powers, but even the very Obtaining them, are criminal, and punishable by Law.  
As to the First of the Eight Points insisted on by the Respondents, viz. The Nature of the Avoidance of their Charters, by Act of Parliament, etc.  
The Petitioners humbly Reply, That the desired Charter is not so properly a Restauration of the Late Company, as a New Creation; and that a Corporation, when once Void (as in the present Case) cannot be Restored by a Charter of Restauration; but must be done either by an Act of Parliament, or a Charter of New Creation,— and so is the Scope of the Grant now desired. And as to the Respondents Pretence, That the Intention of the Parliament was not to Dissolve them: 'Tis most evident, That the Parliament did Intent, that their Failure of Payment at the day, should Determine their Charter; for that the time of Payment is made peremptory and penal, by the words and meaning of the said Act; and no Averrment, in any case, aught to be Received out of Parliament, to Construe an Act of Parliament, contrary to the express Letter of it; especially, where the Parliament who made the Act is in being, and like to be so soon Assembled again. But the industrious and eager Application of the Respondents, for a Charter to Pass, when the Session is so very near; plainly shows, they are convinced, That the Parliament had no such Intention, whatever they may pretend: For, the House of Commons was so far from discovering the least Intention to continue them, when they were a Company; much less to Restore them, now they are not; that they have twice solemnly Addressed to His Majesty, to Dissolve them: and in the whole time that this matter was depending before them, 'tis observable, they did not make any the least step which tended to their Continuance.— Moreover, the restless Importunity of the Respondents for a Charter at this time, is the more unseasonable: in regard His Majesty declared, in His Message to the House of Commons the last Session, That the Dissolving the Late Company, and constituting a New one, tho' necessary to preserve this Trade, could not be perfected by His own Authority alone, without the concurrence of the Parliament, to make it complear and useful. And for that reason having commanded all the Proceed in that matter to be laid before them, His Majesty referred it to their Settlement; who being prevented by the Companies great Opposition, Addressed to the King the last Session, to Determine the Charter; reserving the Settlement of that Trade to themselves, as His Majesty had graciously Referred it: And this zealous Application of the Respondents, for a Charter to pass so nigh the Session, can be no other than a Design in them, to take the Settlement of that Trade out of those very hands, to which His Majesty did so expressly commit it. Therefore it seems a great failure in the Respondents, of that Duty they own to Your Majesty, To press so earnestly the Passing a Charter; in direct opposition to the declared Sense, and repeated desires of the Commons in Parliament, so nigh the time of their Meeting.  
As to the Respondents pretence of Equity, in case of Penalties and Forfeitures,— the Petitioners humbly Reply; That tho' there can be no Equity against the penalty of an Act of Parliament; yet the forfeited Estate of the Late Company being now Your Majesties, may be Restored to them at Your Majesty's pleasure, without any such Charter as is desired; if Your Majesty shall think fit so far to remit the Forfeiture; which, with humble submission, is all the equity they can pretend to.— And if their Estate be so valuable, as they allege it is, Your Majesty's Remitting their Forfeiture as to that, will be so great a Grace and Bounty toward them, that they will have no reason to urge the Payment of their Tax, as an Argument for a New Charter; or any ways to regret the Payment' thereof.— And because the Respondents have endeavoured to excuse their Nonpayment, alleging, the Exchequer was shut; and that their Money was ready, had the Officers been there to Receive it. The Petitioners cannot but Observe, That all their other Allegations are made the less creditable, by the insincerity of this. For when this Matter was referred by Your Majesty to be Examined, it did plainly appear by the Testimony of some of the Principal Officers in the Receipt of Your Majesty's Exchequer; taken in the presence of several of the Respondents themselves, and afterwards confirmed by the Affidavits of several of the Under-officers, now ready to be produced: That the Office-doors were open on the 25th of March last, during the usual Hours; that the Officers were attending in their Places, that Public Business was dispatched, and that the Respondents Money would have been Received, if it had been Tendered: Which Misrepresentation of this Matter to Your Majesty, is a great Presumption in the Respondents. Besides their, eager pressing for a New Charter, is a sufficient Argument of their Self-conviction, That their Money was neither Paid nor Tendered at the time appointed; and consequently, That their Charters are Void.  
As to the Second Allegation in the said Answer, wherein the Respondents charge the Petitioners to insist; That such Restitution, and Grant of the Sole Trade, is against Law; and do assert the Power of the Prerogative, in Granting a Sole Trade to some, with Exclusion to others.  
Forasmuch as the Respondents do urge the Power of the Prerogative, to Obstruct the Petitioners in the Exercise of their Lawful Trade; the Petitioners humbly beg Your Majesty's Grace and Favour, to permit them to stand upon the Law, in the Just Defence of their Right thereunto. And tho' the Respondents endeavour to Justify, under the Prerogative, the Lawfulness of such a Grant; yet they have not quoted any Legal Authorities for it; nor any Practice more Ancient than in the Reign of Queen Elizabeth, when the First East-India Charter was Granted; which was only for Fifteen Years, (as was usual in case of a New Invention,) but could give it no Legal Authority, if it were in itself Illegal: seeing many things formerly done of that kind, have been afterwards questioned, and adjudged Illegal in Parliament. But the Petitioners are so well assured of Your Majesty's Justice, that the Example of none of Your Royal Predecessors can be any Argument to Your Majesty, for the Passing any Grant, except it be Legal. And though such Prohibiting Patents were first Granted toward the latter end of that Queen's Reign, yet when the mischievous consequences of them came to be taken notice of, a very severe Law was made in the very next Reign, against all such Prohibitions, called, the Statute of Monopolies; which did but assert and declare, that which was before the Ancient and Common Law of the Land; the Benefit of which Common Law, the Petitioners humbly Claim as their undoubted Hight: by virtue whereof, all Your Majesty's Subjects are (as they are advised) equally entitled to the Freedom of Foreign Trade; and humbly conceive, cannot be restrained from it, by colour of any Grant from the Crown: Which Liberty of Trade hath been also asserted and confirmed by Magna Charta, and many other Statutes.— And because the Respondents, by way of Reflection, have alleged, That the said Statutes have been misunderstood and misapplied by the Petitioners. They therefore crave leave to annex hereunto, not only an Abstract of divers of the said Statutes, but also of some few of those numerous Authorities of Common Law, whereby the Liberty of such Trade is Asserted. All which they Humby Offer to Your Majesty's Consideration.  
As to the Pretence of the unlawfulness of Trading with Infidels: the Petitioners think it so mean, that it scarce deserves an Answer; being a mere Chimaera of Popish Original, without any other Foundation. However, they crave leave to Affirm, That no Law of England makes it Criminal to Buy Goods of a Jew, or to Sell them to a Pagan; and by their being permitted to inhabit among us, we daily Converse and Trade with them, and they with us.— But supposing such Trade were Criminal by Law, as the Respondents insinuate, (tho' it is not) yet the Charter they desire must be Illegal; in that it would amount to a Dispensing with the Common Law; which is against the Bill of Rights, and the true Constitution of the English Government. But the presumption of the Respondents is very remarkable in this, That they have ventured to Cite for an Authority of Law, that which they style the Solemn Judgement in Westminster-Hall; which never had any Credit among the Learned in that Profession.— And therefore, to quote the Judgement only of those Persons for Law, who have been so far Censured in Parliament, as to be Excepted out of the Last Act of Indemnity, for the open perverting and violating thereof; is so far from being an Argument for the Legality of their Patent, that (with humble submission) it is really and truly a Great Argument against it: And the Respondents Petitioning the House of Commons, several times, since that Unwarrantable Judgement, to have this Trade restrained to themselves by Act of Parliament: plainly shows, They were convinced, That neither that Judgement, nor their Charter, were sufficient to Restrain that Trade, without an Act of Parliament.  
As to the Third Point in the said Answer, concerning the Clauses and Powers in the desired Charter, which are repugnant to the Laws of the Land; and the Respondents Pretence, That no such Powers will be Restored by the said Charter; because, by a particular Clause therein, those Powers only are Restored, which the Late Company have or may Lawfully Use or Enjoy,— and no other.  
The Petitioners do humbly Reply, That the said Answer, as well as the said Clause itself, are both Evasive and Equivocal: For that in the Charter which the Respondents desire, it is recited, That the King is willing they should Enjoy all such and the like Lawful Powers, as if their first quarterly Payment had been duly made: From whence it must naturally be inferred, All the Powers in their former Charters are Restored, and may be Executed, without distinction of their being any of them Illegal.— Which is so far from implying any of them not to be Lawful, that in common Understanding, it rather Asserts them All to be so.— And, the desired Charter further Restores and Confirms all those Powers which were or might be Lawfully held and enjoyed by the Late Company, by virtue of any former Charters; as fully, as if the said Powers and Charters were at large recited. From which the Petitioners crave leave to Observe to Your Majesty, That the very Granting those Powers, seems to imply them to be Lawful; in regard it ought not to be surmised, That any thing should be Granted by the Crown which is otherwise; and those to whom the Grant is to be made, are thereby encouraged to think them Lawful, and to Execute them as such, without any scruple.— Besides, the Powers in their former Charters being promiscuously Restored, without distinguishing the Lawful from the Unlawful: The desired Charter, as it is drawn, hath left it not only to the Late Company themselves, but to their Agents and Factors; nay even to their very Servants and Mariners in India, to determine which of the said Powers may, and which may not be Lawfully used: which is in effect, to Restore them all the Powers they think to be Lawful; and so all those Powers will be Lawful to them, which they take to be so: since the Charter hath not distinguished, but left it to them to judge, who are so incompetent Judges.— And 'tis easy to be conjectured, what Interpretation they are like to make of the Lawfulness of those Powers when Restored; by Observing how they formerly understood and used them.— For they seized the Persons, swallowed up the Estates, and imbrued themselves in the Blood of their Fellow-Subjects. And all this, notwithstanding it was Unlawful, was acted, as if it had been Lawful, by colour of their said Charters; without suffering any manner of Contradiction to their pretended Authority. And tho' it may be rationally supposed, those Thirteen pervons who were Executed at St. Helena;— (whom the Parliament voted were Murdered) did object against the unlawfulness of that Power whereby they were Tried for their Lives; yet they were Hanged till they were as certainly Dead, as if that Power had been Lawful: So that the Exercise of such dangerous Powers in Countries so distant, is not only without Relief, but in some cases without any possibility of Recompense for the Injury, (the loss of Life being irrecoverable.) The Petitioners therefore Humbly Offer it to Your Majesty's Consideration, How far it may consist with Your Majesty's Justice, or the Safety of Your People, to trust the Respondents with such a dangerous Advantage over the Lives, Liberties, and Properties of their Fellow-Subjects; by giving them a Grant of so mysterious Powers, under the obscure denomination of such as may be Lawfully used: especially, when the same Persons have already believed all the Powers in their old Charters to be Lawful, and have Executed them so Inhumanely, as aforesaid.  
Wherefore the Petitioners with all due submission to Your Majesty, cannot but think themselves the more concerned to oppose the desired Charter in the very passing it, for that after it is once passed, the Petitioners some of whom have considerable Estates in the East-Indies, and also all the rest of Your Majesty's Subjects, who being entitled to the Freedom of that Trade, shall exercise the same, have no way to avoid the Execution of the Dangerous Powers therein restored and contained, or to secure their Lives, Liberties and Estates in India, against the Violences which by colour of such Powers may (as formerly) be there executed, in as much as those Powers, being generally such as are to be used in Places remote, and out of the reach of the ordinary Justice of this Kingdom, Your Majesty's Subjects can neither be able to prevent or resist those Violences before they are committed, nor to recover any Satisfaction or Redress for the same by any course of Law after they have been committed, of which the Respondents have given the Nation already too many woeful Experiments, though the Powers in their former Charters, were declared to be limited to such only as were not repugnant to the Laws of this Land, and yet divers of them were notoriously illegal, and owned to be so, lately in Your Majesty's Presence, even by the Respondents own Council.  
As to the Respondents Answer concerning the Petitioners Request for a Protection for 400 Seamen to go in Five Ships to the East-Indies.  
Though the Respondents have insinuated as if the Petitioners design to invade and lessen Your Majesty's Prerogative thereby.— The Petitioners in all Humility reply, That the Respondents make a very forced and unnatural construction of that Your Petitioners humbly desire, for no consequence can be thence inferred of prejudicing any Right Your Majesty hath, by indulging them in that their Request. And the Petitioners humbly conceive they cannot be said to diminish Your Majesty's Prerogative by desiring only a Protection for Seamen for the exercise of their lawful Trade, and Merchandise, which tends to the promoting the public advantage of the Kingdom in general, and in particular the augmenting of Your Majesty's Revenue.  
The Petitioners therefore humbly offer it to Your Majesty's consideration how far it may be thoughtfit in this place to determine so great and National a Property, of which all the people of England are now in actual Possession, by passing any Charter to the contrary (whether it be put in execution or not) especially so near the Session of a Parliament who have had this matter under their Debate for Two several Sessions', and in the last by the particular Command and Recommendation of the King Himself.  
And therefore the Petitioners humbly Pray, that the settlement of this Trade may be left to the Parliament, to whom His Majesty hath already so expressly Referred it by his Message. Or that the Right of the Subject to that Trade may be determined by a due Course of Law before any farther Proceed.  
And in the mean time that the Petitioners may have Your Majesty's Gracious Protection for 400 Seamen to Man Five Ships to the East-Indies this Season, at whose Return the Customs payable to Your Majesty will not amount to less than 60000 l. that so they may not be interrupted in that Trade, at this time when by reason of the War the Trade for most other parts is in a manner wholly Obstructed.  
And Your Petitioners shall ever Pray, etc.  
An Abstract of some few (of those Numerous) Authorities of Common Law, referred to, in the preceding Reply.  
THE Lord Chief justice Fortescue, in the Reign of King Hen. 6. was a Man not only of great Learning, but of remarkable Fidelity to the Crown, and a Friend to the Lawful Prerogative; and in his Book de Laudibus Legum Angliae, cap. 36. he declares it Lawful for any man to Trade, and Store himself with any Wares and Merchandizes at his own pleasure; and that every Inhabitant of England, by Law, enjoyeth all the Fruits of his Land, with all the Profits he gaineth by his own Labour, by Sea or Land; and is not to be hindered. And in cap. 13. That the King is made and ordained for the Defence of the Law, of His Subjects, and of their Bodies and Goods; and cannot Govern them by any other Law. And Bracton, lib. 3. fol. 123. says, That which is another's, cannot be given away by the King. And the Lord Cook, 8. Rep. fol. 92. averrs, That which is ours, cannot be taken from us, and transferred to another, without our own act or defect. And the Freedom of Trade being as necessary to a man as his Life, the Law is so careful to preserve it to him, that in many Cases, the Law will not suffer him to be deprived of it, neither by his own act or defect. 1. As to his Act: If a man give a Bond, Not to Use his Trade; tho' it be his own wilful act, yet the Bond is Void: and so is the Dyer's Case, in Hen. 4. And if a man cannot Debarr himself of his Trade by his own act, the King cannot certainly debarr him.— 2. As to his Defect: If he make Default in paying his Rent, etc. the Tools of his Trade are by the Law protected from a Distress. Which shows what care the Law took, to prevent no more than a mere temporary Obstruction in a man's Trade: and therefore how much more will it secure him against the total Deprivation of it. And by Magna Charta, cap. 14. An Amerciament must be so moderate, as to be Salvo Contenemento; and on a Merchant particularly, Saluâ Merchandizâ. judge Fitz-Herbert in his Natura Brevium, fol. 85. declares, By the Common Law, every man may go out of the Realm, to Merchandise, or on Pilgrimage, or for what other cause he pleaseth, without the King's leave. In the Lord Cook 's 3. Instit. fol. 181. Trade is declared to be Free for all, and not to be converted to the profit of a few; and that 'tis unjust to permit some, and prohibit others: And in His 11. Report, fol. 55. in the Tailor of Ipswich his Case; and in Darcy and Allens Case, fol. 86. it is expressly declared, as the ground of the Resolution in both those Cases, That, by the Common Law, no man can be Prohibited from his Trade. And in the Report of the first of those Cases, in 1. Roll. fol. 4. it was there solemnly declared, as to Foreign Trade in particular, That no Trade of Merchandise can be Restrained by Patent; and, That a Charter to hinder Trade at Sea, is Void. And the Lord Cook upon Mag. Char. fol. 47, 57, and 58. says, That all Monopolies concerning Trade, are against the Common Law, and divers Statutes.— And many more Authorities there are to the same effect, too Numerous to be here inserted.  
An ABSTRACT of several Acts of Parliament, referred to in the preceding Reply.  
MAgna Charta, which was but a, Declaration of what the Common Law was before, and hath been Confirmed by several Acts of Parliament since,— in the 30th. Chap. Enacts,— That all Merchants, if they were not openly prohibited before, (which the Lord Cook saith can only be by Act of Parliament) shall have their safe and sure Conduct, to departed out of England, to come into England, to tarry in and go through England by Land and Water, to Buy and Sell, without any manner of evil Tolls, by the Old and Rightful Customs; except in time of War.  
Statute 2. Edw. 3. chap. 9 Enacts,— That all Merchant-Strangers and Privy, (which is Inland,) may go and come with their Merchandise into England, after the tenor of the Great Charter: and that Writs thereupon shall be sent to all Sheriffs of England; and to Mayors and Bailiffs of good Towns, where need shall require.  
Stat. 9 Edw. 3. chap. 1. Enacts,— That all Merchants, Strangers and Denizens, and all others, and every of them, of what estate or condition soever, shall freely Buy and Sell their Merchandizes, from whence-soever they come, without Interruption, (Enemies excepted) notwithstanding any Charters to the contrary; or Usage, or Custom, or judgement given upon those Charters; which are declared to be of no force, but to the King's Damage, and the Oppression of the Commons.  
Stat. 14. Edw. 3. chap. 2. Recites Magna Charta, and Enacts,— That all Merchants, Denizens and Foreigners, (except Enemies) may without Let, safely come into the Realm with their Merchandise, and safely tarry and return.  
Stat. 18. Edw. 3. chap. 3. Enacts,— That the Sea shall be open to all manner of Merchants, to pass with their Merchandise where they please: (and if for all manner of Merchants, certainly for English one's.)  
Stat. 25. Edw. 3. chap. 2. Confirms the former of the 9th. Edw. 3. and Enacts,— That if any Charters, Patents, Proclamations or Commandments, Usage, Alsowance, or judgement be made to the contrary, they shall be openly Repealed and died.  
Stat. 38. Edw. 3. chap. 2. Establishes the like Freedom for all Merchants, Aliens and Denizens, to Sell and Buy all manner of Merchandizes, and freely carry them out of the Realm, as in the Reign of that King's Progenitors.— (Except that the English Merchants shall not pals out of the Realm with Wool or Woolfels.) Whence 'tis plain, they might Export any other Goods; and that even so long ago, this Freedom was then adjudged to be an Ancient right.  
The several Statutes of 2. Ric. 2. chap. 1.— of 5. Ric. 2. chap. 2.— of 11. Ric. 2. chap. 7.— of 16. Ric. 2. chap. 1.— are all to the like purpose.— And more particularly:  
Stat. 21. Jac. 1. chap. 3. called the Statute of Monopolies, was made on purpose to destroy all manner of Pretences to such Prohibitions and Restraints, Enacting, (as if it were designed to reach this very Company,) That all Commissions, Grants, Charrers, and Patents, made or to be made, for the sole Buying, Selling, or Using any thing; and all Proclamations, Inhibitions, and Restraints whatsoever, tending to the Instituting, Erecting, Furthering, or Countenancing thereof, are altogether contrary to Law, and Doid.— And that all Persons, Bodies Politic and Corporate whatsoever, shall be disabled and uncapable, to Use or Exercise any such Grant, Charter, Patent, Inhibition, or Restraint.— Which (with submission) is a direct damning the now desired Charter, in the most plain and positive Terms that Words can possibly express: For that it Restores those Charters, which Grant the Company the Sole Trade to the East-Indies, and the Sole Buying and Selling all the Commodities thereof.  
The Act of Tonnage and Poundage, made in the 12th of Char. 2. (now since Revived) gives the Crown certain Rates and Duties upon Merchandise Exported and Imported, which in the Preamble thereof are expressly declared to be given, to the end the Seas may be Guarded and Defended, and the Subject secured in the Intercourse of Trade, and for defraying the necessary Expenses thereof; which could not be done without great Charge to the King. Whereby 'tis apparent (as the Petitioners humbly conceive,) That the Subjects had ever Liberty to drive any Foreign Trade; and that they might without Restraint Export and Import any of the Goods rated in that Act, paying the Duties and Customs therein assessed.— And it would have been needless for the Parliament, to take such care, and give such a vast Revenue for Guarding the Seas, to encourage and secure the people in their Trade; if the Prerogative could Prohibit their Trade, and keep them at home.— And it is also apparent from the said Statute, That no Duties could be laid on Merchandise, otherwise than by assent in Parliament. Therefore, if the King by His Own Authority cannot lay the Duty of a Penny upon the Trade of his Subjects; it naturally follows, He can much less deprive them of the whole Trade itself.  The Benefit of which Common Law and Statutes, and all other Laws and Statutes, of this Realm, made for Securing to the People the Liberty of Foreign Trade, the Petitioners humbly claim, as Their undoubted Right. 
The Linendrapers' gave in likewise the same day this Reply to such part of the Companies Answer as related to their Petition, Viz.  
To the Queen's Most Excellent Majesty: The Humble Reply of several Linendrapers' and others, Trading in East-India Goods, to a Paper Entitled, the Humble Answer of the Governor and Company of Merchants of London, Trading into the East-Indies, etc.  
THE Petitioners do Humbly Reply to so much of the said Paper as concerns them, that those Gentlemen who call themselves the East-India Company, and delivered in that Paper to Your Majesty, have so far admitted the Truth of the Charge in the Petition delivered by us, that they do not go about to deny it, but only to excuse themselves from the Censures which they justly deserve by casting a false and unjust Imputation on Your Majesty, as if Your Majesty, and not they had occasioned that Complaint, whereas the contrary is so notoriously known that such their Suggestions only serve to show Your Majesty the little regard they have either of their Duty to Your Majesty, or of the Truth itself, it being clearly evident that the Scarcity and Dearness of East-India Goods has not proceeded from Your Majesty's Granting them no greater number of Ships and Men to go to the East-Indies in the Years 1689 and 1690 (as they suggest) but from their Want of Stock both at Home and Abroad, and by Engrossing their Goods which were sent home; For they were permitted in 1689 and 1690 to send out Seven Ships, viz. The Benjamin, Herbert, Chaundois, Orange, Dorothy, Tonqueen and William and Mary, containing together near 3000 Tuns.— But all the Stock they sent upon them did not amount to 27000 l. which was not enough to purchase a sufficient Lading for one Ship; So that what number of Ships soever they might pretend to ask for, its plain they had as many granted as they did really desire, and more than they wanted, seeing they had so little effects here to send out, and no more there to bring home; and if leave had been given them to send out more Ships, they must either have sent out larger Effects, or the Ships must have remained there still, as three of those now do which they then sent out, and the Nation had been no better supplied with East-India Goods than now it is; For those Gentlemen cannot pretend that Your Majesty hindered their sending out more Stock on those Ships, or that what Stock was sent upon them was sufficient to Lad them home, or that those Ships could carry out no more, or that Your Majesty hindered their sending home those Ships which they then sent out.— But as its plain they had no effects here to send out, so they had little or none there to bring home.— For at Surratt whither Three of those Ships sent out in 1689 and 1690 were Bound, containing about 1400 Tuns, they were so far from having any effects, that on the contrary, they were vastly indebted there, in so much that they were put to it to Borrow Money, even for their necessary Charge of Housekeeping.  
Nor has the want of East-India Goods been occasioned (as they suggest) by the loss of the 3 Ships mentioned in the said Paper—. For the Shrewsbury one of them a Ship of 350 Tuns sent out to Suratt in 1688, cast away homeward bound, was above the one half dead freighted, and she had not above 100 Bayls of Calicoes on Board her, most of which were of the coursest sort that comes from thence, the greatest part of her Lading being Cotton-Yarn and Cotton-Wool, Commodities which fill much and cost little, which was no sign of the want of more Ships but was a great Sign of the want of more effects to Lade on the Ships which they had. The Herbert, another of those Ships about 750 Tuns sent out in 1689, Bound for Surratt, was Burnt by the French, and had on Board her but 10239 l. 1 s. 9 d. including Amunitions, Stores, etc. for Bombay, in which great part of her Cargo did consist, whereas if all that Sum had been in Merchandizes or Money, that Ship would have required six times as much to load her home, and as they had not wherewith to load the Shrewsbury though not half her Burden. So if the Herbert had arrived out, she must either have remained there still, or else have come home the greatest part empty, seeing they have had two Ships at Surat, both of them together not her Burden, and have been able in all this time to load home but one, and she but 170 Tuns, viz. the Diana, being one of the two small Ships now lately arrived—. The Orange, a Ship of 300 Tuns sent out in 1689, was cast away homeward bound, and as she carried out but 636 l. 7 s. 4 d. for the Companies Account, so it's known by a satal and sad experience to some Men, that a great part of her Lading home was for private Accounts, which is a plain demonstration of the bad Condition of the Companies Affairs in the East-Indies, that they had not wherewith to lad so small a Ship themselves, or if they had, it shows them very ill managers for the rest of the Adventurers to suffer private Men to lad Goods on the Companies Ships, and to leave the Companies Money (if they had any there) lying dead, in a time when the East-India Goods were so much wanted in England. And besides there were in India about 1000 Tuns more of English Shipping which the Company had formerly sent out, and had Liberty to have Jaded home, which they certainly would have done if they had not wanted Money there more than Ships.  
What we have already laid before Your Majesty, we humbly conceive is sufficient to Vindicate Your Majesty from their unjust imputation, and to satisfy Your Majesty that neither of their pretences have been the cause of this scarcity and dearness of East-India Goods.  Which therefore must have proceeded from their want of Stock both at Home and Abroad, and the Engrossing their Goods which were sent home. 
1. From their want of Stock both at home and abroad, they having Exhausted their Stock through the Charge of their War with the Mogul, and the over-large and frequent Dividends which they made at the same time.  
For they made more frequent and large Dividends (when by reason of their War and little Trade, the Profit could not answer their Charges) than they had formerly made when their Trade was most Flourishing; and in 5 Years, viz. 1685, 1686, 1687, 1688, 1689. during their War they Divided 3 times their Original Stock which was at first paid in, whereby it may plainly appear to Your Majesty that they did not divide their Profit only but their Stock itself, which is further apparent in as much as that notwithstanding the small Sums they had sent out on their Ships (as has been already observed, and may appear even by their own Books, and by their Accounts given to the House of Commons in 1689 and 1691, though they had above 7500 Tuns of their Shipping arrived in less than Two Years time, yet by the Account they laid before the Parliament in Octob. 1691. they pretended to have in England no more than 38901 l. 8 s. 8 d. including therein for their Warehouses and Buildings 9920 l. which account if it had been really true, was a small Stock for a Company to have, who pretended to the Grant of so large a Trade, but that Account was Calculated by them so much in their own favour, that Three times that Sum would not be sufficient to clear the Debts and Demands which they owed in England, and what other mistakes were omitted to be inserted in that Account.  
And here we humbly beg leave to observe to Your Majesty how little regard those Gentlemen have to what they Assert either before Your Majesty or the Parliament, for by the Account which they gave in to the Parliament in 1691. they made their quick Stock in India amount to 126281 l. more than what they pretended to have there by their Account delivered in 1689. although between the time of those Accounts they had sent out but 2021 l. 7 s. 4 d. in Three Ships, and had about Eight Thousand Tuns of Shipping come from thence, the cost of which Ships Cargo (whatever they were) must be deducted out of the Effects which they had remaining in India in 1689, which ought to amount to a very large Sum seeing they computed in their Accounts laid before the Parliament in 1691, the Cargoes of Four of them only at Three Hundred and Seventy Thousand Pounds, and therefore it must naturally follow that their Stock in India in 1691, must be vastly less than it was in 1689, notwithstanding they would make it to be so much more as aforesaid; By which the insincerity of those Gentlemen may appear to Your Majesty, and how little Dependence there is to be made on any thing they Assert. And as it is Apparent they had no Stock in England, so neither could they have any in India, as may plainly appear by what has been already observed, and will be more fully demonstrated by the following Considerations.  
1. Their sending home in a few years above 2000 Tuns of their Shipping from India dead Freighted for want of Lading.  
2. Their keeping so many Ships in India so long a time as they have done when Goods were so much wanted in England, Three of those Seven Ships which were sent in 1689 and 1690 not being yet come back.  
3. The mean Cargoes sent home on their Ships which have not cost in India one fourth part so much as such Ships Cargoe were used to Cost.  
4. Their taking up Money in India on Bills of Exchange to load home their Ships, to be repaid here in England, which they would not have done if they had Money of their own lying dead.  
5. The Farming out that Trade, by taking Permission Money of others, to lad Goods out and home on their Ships at a time, when by reason of their scarcity and dearness they yielded here and abroad, much greater profit than ever was known, which could be for no other reason than their want of Stock to carry on the Trade themselves.  
6. Their apparent and visible low condition and Credit, and the great Debts they own at Suratt, insomuch that their Factors there remain confined to the Town, and were not permitted to stir out of it, without a Guard to watch them, being kept there as Hostages, till they have complied with the Terms of the Peace granted by the Mogul, by making the Natives Satisfaction for the Damages done them in the War, which though compounded for at much less than it really was, amounts still to a very considerable Sum, and with their Old Debts vastly exceeds what they have sent out thither; and they were so far from having any Stock there to manage a Trade, that their Factors were forced to borrow Money for their daily sustenance, which we are ready to make appear for Your Majesty's farther satisfaction, by persons of undoubted Credit now present before Your Majesty who came lately from thence, and were Eye-Witnesses of it. Notwithstanding they pretended to the Parliament by their Account given them in 1691, That they had made full Satisfaction to the Natives, and paid all they owed, and that they had remaining in quick Stock at Suratt near 200000 l. after all their Debts and Demands were paid.  
2ly. From the Engrossing their Goods, which were sent home. For the Leading Men of the Company Sold to themselves the Goods which came home; being encouraged thereunto by the knowledge they had of the Companies bad circumstances, and the Inability they were in to supply the Nation with East-India Goods, and thereby inhansed the price of them to such extravagant Rates that most sorts of India Commodities are sold at double, some treble, and four times the prices they were usually sold for, whereby some of the Ruling Members have in a very short time greatly enriched themselves, to the prejudice of all the Traders in East-India Goods, the whole Nation, and Your Majesty's Revenue.  
And the manner of advancing the Prices of those Goods has been so extraordinary, that we humbly beg leave to represent the same to Your Majesty, for after the Ruling Members had sold to themselves the Companies Goods, they exposed them again to the Public Sale, as if they had still belonged to the Company, and then by Bidding themselves for their own Goods, which they had Bought before by private Contract, and employing several others to do the like they have greatly advanced their Prices far above what they themselves were to Pay for them; and this is a method which was particularly practised in the Salt-Peter, thereby to enbance the Price on Your Majesty, by representing to Your Majesty the high price it was sold for by the Companies Candle to their own Agents, whereas it was they Bought for themselves, and cost them in reality much less before by private Contract, and this Commodity by reason of its great scarcity is now sold at 8 l. per Hundred Weight, which was used to be sold for little more than one fourth part so much; and they are so far from having a quantity sufficient to supply Your Majesty's Occasions that they have scarce enough for the use of the Dyers, Glass-makers, Resiners and Chemists.  
And as they have thus endeavoured to deceive Your Majesty, in Misrepresenting the Cause of this Scarcity and Dearness of East-India Goods; so we beg leave to show Your Majesty, how they have endeavoured to do the like in the Remedy which they have proposed.  
For, as to the two Ships now lately arrived, viz. the Diana and the Dorothy, they do not together contain above 400 Tunns; which are all the East-India Goods we are like to have this year. The Diana, a Ship of 170 Tunns, was sent out in 1688, with but 1222 l. 14 s. aboard her for the Companies Account; and has been detained so long abroad, that it's much to be wondered she ever came home; she proving so leaky, that most of her Goods are damnisied, and many of them little worth; and was forced at last to come from thence contrary to their Factor's desire, and without their Dispatches.  
The Dorothy, a Ship of 225 Tunns, was sent out in 1690, and carried for the Companies Account, but 165 l. and though these two Ships now lately arrived are so small, and the Cost of their Cargoes so inconsiderable, and East-India Goods so scarce and dear, yet very great part of their Lading is on Permission, for private Accounts: And these two Ships Cargoes are all the East-India Goods which have arrived from thence these two years past, except the Kempthorn, a Ship of 640 Tunns, which was sent out in 1688, with but 3027 l. 4. s. 5 d. on board her, for the Companies Account; which did not arrive here till November last, though that Voyage is usually performed in 20 Months: And notwithstanding her long stay there, she had not come home so soon, if the Captain had not protested against them, and threatened to come away empty: And tho' above one half of the Cost of her Cargo was taken up there of their Factors themselves, by Bills of Exchange, to be Repaid here in London; yet he was forced at last to come away a great part dead-freighted, and without their Dispatches, lest they should have detained him there, as they had done several others before; till by the decay of their Ships, and death of their Seamen, they were quite disabled ever to come home; thereby to save the Freight to the Company, and avoid the discredit of having them come home part laden, or empty.  
The pretence of five Ships expected this year, is like the rest of their Assertions: for they themselves know, it's very improbable, and next to impossible, that they should arrive; and therefore their Arrival will be an uncertain Supply of Your Majesty's Occasions for Sait-peter this year.  
The nine Ships which they pretend to expect the next year, is a thing more impossible than the other; for six of them, which should have gone out last Winter, were not dispatched till this Summer was well advanced; and going out so late, they cannot possibly return till the year after next. And their late dispatching these Ships, is a farther Argument more convincing, of their want of Money, both here and in India; for after they had detained them so long, they could not dispatch them at last, till they had called in 50 l. per Cent. of their Stock, being 370000 l. which is about double the sum which they have sent out upon them; and was an artifice and contrivance of the Governing men, to persuade the other Adventurers to pay in the same; that so they might thereby pay themselves the Money which they had advanced: Whereas if they had any Quick-Stock in India, tho' far short of the 828860 l. 00 s. 5 d. which they pretended to have there, by their Accounts delivered in Parliament in 1691. it would have been more than sufficient to lad home all the Ships which they have sent out these two years past; although they had sent out nothing upon them; which plainly shows, they themselves are so far from believing their own Accounts to be true, that they know them to be false.  
And here we beg leave to Observe to Your Majesty, That though they could not send out these six Ships last year, or rather this year, without calling in 50 per Cent. of their Stock; yet they had then asked leave of Your Majesty, for 12 Ships, (as they had done in like manner the year before,) when likewise, for want of Stock to lad them home, they were forced to Farm out their Trade, by giving leave to all that would, to send out any Effects upon them, so they were but marked with the Companies Mark, and they allowed the credit to Enter them out at the Customhouse, as their own Goods: and liberty was given in like manner to all those who had any Effects abroad in the East-Indies, to lad the same home on their Ships, in what Goods they pleased; so as all the Goods which came home on their Ships were Entered by them at their Return, and Sold at their Sale, as the Companies Goods. For they had designed to send out that year only the Charles the Second, Captain Dorril, a Ship of 750 Tunns, with 100000 l.— on Permission, for Account of the Ruling Members. But upon the Complaint made that year in Parliament, against their Mismanagements, they altered their Resolution, and sent out the said Ship and five others, for Account of the Joint-Stock.  
This, May it please Your Majesty, is a short Relation of some of the late Companies Mismanagements, which are too well known, to be denied; and from these causes the great scarcity and dearness of East-India Goods has proceeded; which has given occasion to their being Imported by stealth from Holland: Whereby Your Majesty's Customs are diminished, the Petitioners Trade almost ruined, and the whole Nation greatly imposed on, by paying such extravagant Rates for those Commodities. Whereas, if all Your Majesty's Subjects were permitted to Trade thither, as we are advised, by Law they may; East-India Goods would be plentiful, the Petitioners Trade encouraged, and Your Majesty's Customs greatly increased.  
The Petitioners therefore Humbly Pray, That this intended Grant may not be permitted to Pass; But that all Your Majesty's Subjects may enjoy the Liberty of that Trade, for the Reasons before mentioned.— And if those Gentlemen should deny the matters of Fact herein contained, the Petitioners are ready to make appear to Your Majesty the Truth thereof, when, and in such manner, as Your Majesty shall think sit to appoint.  
And Your Petitioners shall ever Pray, etc.  
The Reading of the Merchants Reply having taken some time, Her Majesty did not think fit the other should be Read; and the Drapers were told, That They, or their Counsel, might speak what they had to say.— But they referred themselves to their Reply in writing, not being prepared to speak to it, nor having instructed any Counsel to do it for them.  
A Reply was likewise intended to be delivered by the Clothiers of Gloucestershire, to such part of the Companies Answer as concerned their Petition; but the late Company, or some for them, having promised they would Buy large quantities of Cloth, this Season, the Clothiers were persuaded not to prosecute their Petition: and the Clothier's Reply, which was intended to have been delivered, follows. Viz.  
To the Queen's Most Excellent Majesty: The Humble Reply of the Clothiers and Woollen Manufacturers in the County of Gloucester, to a Paper delivered in to Your Majesty, entitled, The Humble Answer of the Governor and Company of Merchants of London Trading to the East-Indies, to several Petitions therein Mentioned.  
THE Petitioners Humbly Reply, That the Respondents in their Answer, would excuse themselves for not Exporting greater quantities of Cloth; by pretending, that Your Majesty allowing them no more Ships in 1689 and 1690, was the reason of it; but the years 1691 and 1692, when Your Majesty granted them more Shipping, they had Exported in each Year to the value of 100000 l. in Cloth and other Goods of the product of England; and that they will Export the like value this year, in Woollen Cloth, and other Goods of the Growth, Product, and Manufacture of this Kingdom; so as they may obtain a sufficient Number of Shipping.  The Contrary where of may appear to Your Majesty, by what the Petitioners beg leave to Observe to Your Majesty, as follows. 
For the Petitioners find upon Enquiry, That they Exported in the year 1688/89 but 243 and ½ .  
And in two years, viz. 1689/90 and 1690/91, they Exported no Cloth at all.  So that in those three years, viz. 1688/89, and 1689/90, and 1690/91, they Exported but 243½ . Although in those three years they sent out _____ Ships, containing _____ Tunns. 
Which shows plainly, It was not the Want of Your Majesty's Granting them more Ships, that hindered their Exporting greater quantities of Cloth; but some other Reason, which they Conceal.  
In the year 1691/92, they Exported 918 .  
And in the year 1692/93, they Exported but 546 .  
And their not mentioning particularly the Quantities of Cloth which they Exported, shows, they were Ashamed (as well they might) it should be known, they had Exported so small quantities, to supply so large a Trade: Which is an Argument to enforce the Petitioners Prayer, That all Your Majesty's Subjects may have the Liberty, freely to Export Cloth thither: And the rather, for that the Petitioners find, there was 953  Exported in the two Ships which went to the East-Indies last year, for Private Accounts: which was near three times as much Cloth as the Company had Exported for Three Years Trade; Viz. in 1688/89, and 1689/90, and 1690/91; and was so much more than would have been Exported, if those Ships had not gone thither.  And as to the Pretence of their Exporting this Year the Value of 100000 l. in Cloth, and other Goods of the Product of England, if they may obtain a Sufficient Number of Shipping. 
It will appear to be of very little weight, when it's considered, how little Cloth they have Exported thither in their Four last Years Trade; of which the whole Value doth not amount to above One Fifth Part of the Sum, which they pretend they will Export this Year; although they had a Sufficient Number of Shipping in those Years. And the Petitioners have great Reason to Believe, and are ready to Prove, That all the other Merchandizes, of the Growth and Manufacture of England, which they Exported in those years, did not amount to more than the Cloth.  
And the Petitioners being certain, they could now Sell great quantities of Cloth to other Merchants for the East-Indies, if a Liberty were allowed to all Your Majesty's Subjects, freely to Export it thither: Do therefore Humbly Pray Your Majesty, That a Free Exportation of Cloth for the East-Indies may be Allowed to All Your Majesty's Subjects at this time; for that the Exportation of the said Manufacture, is in a manner wholly Interrupted, by reason of the present Obstruction of Trade for Turkey and the straits.  
And Your Petitioners shall ever Pray, etc.  
But the Clothiers Reply not being Delivered, the Merchants gave in to Her Majesty in Council the following Paper, being an Account of the Cloth which the late East-India Company had Exported in Five Years Trade; which Account was taken from the Customhouse Books.  

CLOTH Exported by the East-India Company, in the Years 1688/89, 1689/90, 1690/91, 1691/92, 1692/93.  1688/89. On the Chaundois, .... 54 . 343½ . 1688/89. On the Benjamin, ... 178½ : 343½ . 1688/89. On the Herbert, .... 111 . 343½ . In 1689/90 and 1690/91, None at all.  1691/92. On the Modena, .... 900 . 918 . 1691/92. On the Charles the 2d, .. 18 . 918 . 1692/93. On the Princess Ann,. 421¼ . 565½ . 1692/93. On the Defence, .... 144¼ . 565½ .  1827 .  
The same day, Counsel was heard again, on behalf of those who entered the Caveats, to whom, Their Majesty's Council, and the late Company Replied.  
A Petition was likewise delivered by the Inhabitants of Cornwall, which took up some debate; which Petition follows.  
To the Queen's Most Excellent Majesty: The Humble Petition of several Inhabitants of the County of Cornwall, in behalf of themselves and other the Inhabitants of the said County.  
Shows,  
THAT His Late Majesty King Charles the First of Blessed Memory, did by his Letters Patents under the Great Seal of England, bearing date the 26th. of January, in the Nineteenth Year of his Reign, for the Considerations therein Expressed, Grant unto all and every the Men and Inhabitants of the County of Cornwall then being, or that hereafter should be, that they and every of them, by themselves and their Factors should from thenceforth and forever have a Free Trade and Commerce unto and from all Ports and Places whatsoever in Amity with the Crown of this Realm; By virtue of which Grant the Petitioners humbly conceive they have a Right to Trade to the East-Indies as well as elsewhere.  
And whereas the Petitioners are informed that a Charter is now under Your Majesty's Consideration for Granting the Sole Trade to the East-Indies to Sir Thomas Cook and others Exclusive to all the rest of Your Majesty's Subjects.  
The Petitioners therefore Humbly Pray Your Majesty, That the Rights and Privileges Granted by the said Letters Patents to the Inhabitants of the said County of Cornwall, may be preserved to them in the said intended Charter; or that the Petitioners may be heard thereupon before Your Majesty in Council.  
And Your Petitioners shall ever Pray, etc.  
Whereupon the following Order to Refer it to Mr. Attorney General was made, Viz.  
At the COURT at White-Hall: The 21th of September, 1693. Present, The QVEENS Most Excellent Majesty, in COUNCIL.  
UPON Reading the Annexed Petition of several Inhabitants of the County of Cornwall, in behalf of themselves and other the Inhabitants of the said County, Humbly Praying that the Rights and Privileges Granted by Letters Patents of King Charles the First to the said Inhabitants, to have a Free Trade and Commerce unto and from all Ports and Places whatsoever in Amity with the Crown of this Realm may be preserved to them in the intended Charter, Granting the Sole Trade to the East-Indies to Sir Thomas Cook and others. It is this day Ordered by Her Majesty in Council, That it be, and it is hereby Referred to Mr. Attorney General, to examine the Petitioners Allegations: And to Report to Her Majesty in Council, how he finds the matter of Fact, together with His Opinion thereupon.  
Richard Colinge.  
Next Council day Mr. Attorney General gave the following Report on the Reference made to him on the Cornish Petition, viz.  
To the Queen's Most Excellent Majesty:  
May it please Your Majesty,  
IN Humble Obedience to Your Majesty's Order in Council, upon the Petition of several Inhabitants of the County of Cornwall, in behalf of themselves, and other Inhabitants of the said County, hereunto annexed, I have, in the presence of some of the Petitioners and their Counsel, and some of the East India Company and their Counsel, Examined the Petitioners Allegations; and do find, That His late Majesty King Charles the First, by His Letters Patents under the Great Seal of England, bearing date at Oxford, the 26th day of January, in the Nineteenth year of His Reign, out of His Princely Contemplation of the many and extraordinary faithful Services to His said Majesty, then of late performed by His County of Cornwall, and for their better Encouragement to proceed in their Duty and Allegiance to His Person and Crown, and for other Considerations, Did for Himself, His Heirs and Successors, Give and Grant unto all and every the Men and Inhabitants, Liege Subjects of the Kingdom of England, within the said County of Cornwall then being, and then after to be; That they and every of them by themselves, or any of them; their or any of their Factors, Agents, or Servants, Liberty and Freedom, from time to time, and at all times for ever afterwards, to Trade, Traffic, and Commerce, with their Ships and Vessels, Goods and Merchandizes, unto and from the Hanse-Towns, and all Ports and Places within the Dominions of the King of Denmark, and Great Duke of Muscovia, and all Ports and Places in the Levant Seas; whilst they or any of them should be in amity with His said Majesty, His Heirs and Successors; and unto all other Ports and places, for the time being in amity with His said Majesty, His Heirs and Successors; whether the Merchants of the East-land, Russia and Turkia Companies of London, and Company of Merchant-Adventures of London, or any of them did or might Trade; and unto and from all other Ports and Places whatsoever beyond the Seas, for the time being, in amity with His said late Majesty, His Heirs and Successors; whether any of the Subjects for the time being, of His said Majesty, His Heirs or Successors did or might Trade, in as full and ample manner as His late Majesty could Grant the same; saving His Right to His Customs and Duties. Yielding and Paying therefore to His Majesty, His Heirs and Successors the Sum of Four Shillings, to be paid to the Sheriff of Cornwall, at All Saints. And His said Majesty did thereby for Himself, His Heirs and Successors, Promise and Grant to the said Men and Inhabitants, as well present as to come, That if any Doubt or Question should happen to arise touching the validity of that Grant; that then upon the Petition of the said Men and Inhabitants, or upon Notice or Certificate of their Learned Counsel, touching any Defect to be amended, 
* Here the Crown Covenants to make this a Grant valid in Law, in case of any defect therein.  His said late Majesty, His Heirs or Successors, would Grant other Letters Patents unto the said Men and Inhabitants, with such Amendments, Explanations, Amplifications and Additions, for supplying the said Defects, as by their Counsel should be advised and thought fit; and which might tend to the Confirmation of that present Grant, or to the Perfection of His Majesty's Intentions, any way appearing; with several Non obstante 's, amongst which one is, Tho' the said Men and Inhabitants in Construction of Law be not reputed a Corporation, or Body-Politick, nor Capable in Law to have and hold the Privilege thereby Granted. The Petitioners produced a Printed Paper Dated at Sudeley-Castle the 10th of September, 1643. (which was previous to the Grant,) purporting His said late Majesty's Declaration of His sense of the Extraordinary Merit of the County of Cornwall, for the Defence of His Person, and Rights of His Crown; wherein are contained many Gracious Expressions of thanks and acknowledgements to that County. The said Petitioners produced also another Paper, alleged to be a Copy of a Letter or Order, from King Charles the Second, and to be Countersigned By Mr. Secretary Coventry; and Superscribed, To the Right Honourable, John Earl of Bath, the Lord Mohun, Lord Arundel of Trerice, and divers other Eminent and Considerable Gentlemen of that County, dated the 17th of March, 1673. reciting the former Grant of King Charles the First; and Commanding all Governors of Islands, Castles, Forts, etc. Captains, Officers, Agents, Factors, Merchants, and all other His Subjects not to hinder or molest the Inhabitants of Cornwall, their Agents, Factors, or Servants, in their Trade or Traffic; nor to detain, seize, or prejudice their Ships, Goods, or Merchandise: but in all respects to treat them as His Majesty's loving Subjects ought to be; they always producing the Copy of the said former Grant, and of the Letter attested under any five of the Persons hands to whom that Letter was Subscribed, Commanding, That no other Person be permitted to Trade, under pretence of that former Grant, but such only as are thereby designed. Provided, That if any of the Companies or Corporation of Merchants should find themselves aggreived, with or by reason of the said former Grant, they may try the validity thereof, in any of His Majesty's Courts of England, proper for the same.  
The Petitioners Council insisted that this was a good Licence to all the Inhabitants of Cornwall, then and in future times to Trade to the Places therein mentioned, and that though the East-Indies be not therein named, yet that the Inhabitants might Trade thither, as to a Place in Amity with the Crown, and desired that a Proviso might be added to the Charter preparing for the East-India Company, for saving the Inhabitants Right to that Trade, by Virtue of the said Grant of King Charles the First, and that the said Charter may not prejudice the same.  
The Council for the East-India Company Objected against the validity of that Grant of King Charles the First, as not making any Corporation, nor Conferring any Right to Trade in the East-Indies, that place not being named, nor any League, Truce, or Amity, being made out to be between the Crown of England, and the Princes or Governors of the places within the East-Indies, and Asserted that this Grant of King Charles the First was never put in Execution, and that if it was and continues a good Grant in point of Law, it cannot nor will be prejudiced by passing the Charter (now under Consideration) to the East-India Company.  
In my Humble Opinion the Grant of King Charles the First, is of an unusual Nature, and by the Non obstante in it, it seems as if it did not, nor was not intended to make a Corporation; and as this Case is, I humbly conceive it did not make the Inhabitants of Cornwall a Corporation, though there be a yearly Sum of Four Shillings reserved to the Crown, and to have it operate as a personal Grant to each Inhabitant present and to come, is not pretended to be good, and by the general Words of it, it seems to be an Invasion upon the Rights of the former Company therein mentioned, which they held by Royal Charters preceding to it, and in Words confers a Liberty to Trade into Russia, against an Act of Parliament that establishes that Trade to the Company Exclusive to all others. This Grant was made when a former Charter was in being to an East-India Company, which Charter was afterwards in the Reign of King Charles the Second, renewed to that Company, and for aught I can perceive, there is no pretence of Exercise of the Liberty Conferred by that Grant since the making of it.  
Upon the whole matter, I humbly conceive, that Grant of King Charles the First to the Inhabitants of Cornwall, (
* Admitting it were no● good, yet 〈◊〉 Crown hat● covenanted to make it 〈◊〉 good Gran● by any subsequent Char●●● to supply 〈◊〉 defects of t●● former.  if ever it was good in Law) cannot, nor will be prejudiced by Passing the pretended Charter to the East-India Company, which is rebutive only to what the late East-India Company lawfully Enjoyed the 24th of March last; though there be no Proviso for saving the supposed Right of the Inhabitants, as is desired. All which, nevertheless, is most humbly submitted to Your Majesty's Royal Wisdom and Pleasure.  
Edw. Ward. 28th Septemb. 1693.  
A Petition was then likewise Delivered by the Owners of the Ships which went to the East-Indies last Year, praying that the Illegal Powers which were in their former Charters, might be particularly excepted, that so the Lives of their Fellow-Subjects might not be exposed to their unjust Oppression.  
To the Queen's Most Excellent Majesty:  
The Humble Petition of several Owners and Freighters of the Ships Edward and Henry, on behalf of themselves and the rest of the Owners of the said Ships.  
Shows,  
THAT whereas the Petitioners did in May last, send out the said Ships to the East-Indies with a considerable Car go of Goods of the Growth, Product and Manufacture of this Realm. And there being a Charter now depending before Your Majesty for the restoring to the late East India Company their former Powers without any particular distinction of the illegal from the legal; the said Company and their Agents will naturally be induced to conclude all those Powers to be Legal, and to execute them as they have formerly done, to the Ruin and Oppression of Your Majesty's Subjects.  
That unless the Illegal Powers in their former Grants be particularly Distinguished and Excepted out of the Desired Charter of Restoration, the Estates of the Petitioners, and the Lives, Liberties and Estates, of their Factors, Servants and Mariners, and other Your Majesty's Subjects, in those parts, will be in danger of being invaded; which possibly may put some of them upon the using force in their lawful defence; and may tend not only to the breach of the Peace, but the hazard of the Lives of Your Majesty's Subjects.  
And forasmuch as Seizing the Ships and Goods of the Subjects of England for Trading into the East-Indies, hath been already adjudged Illegal by several solemn Judgements in Westminster-Hall, since Your Majesty's happy accession to the Crown.— And for that in Places so remote, the Petitioners can neither be able to defend themselves against the Injuries before they are committed; nor to right themselves by Law, after they are acted: the wrong-doers being out of the reach of the ordinary Justice of the Kingdom: whereby the Petitioners will be left without remedy.  
The Petitioners therefore humbly Pray Your Majesty, in consideration of the premises, would be graciously pleased to Order, That all the Illegal Powers in their former Charters may be distinguished from those which are Legal; by such Methods, as Your Majesty, in Your great Wisdom shall think meet: to the end that all the Illegal Powers may be excepted out of the desired Charter of Restoration; so that the Lives, Liberties, and Estates of Your Majesty's Subjects, in those Parts, may be secured from their Vnujust Violence and Oppression.  
And the Petitioners (as in Duty Bound) shall ever Pray, etc.  
The Merchants having no Answer to the several Petitions delivered to Her Majesty, for Protection for Four Hundred Seamen; they presented another Petition, with several Reasons annexed, to enforce it: which Petition and Reasons follow.  
To the Queen's Most Excellent Majesty: The Humble Petition of several Merchants and others, on behalf of themselves and other Your Majesty's Subjects.  
Shows,  
THat by reason of the present War, the Petitioners did by two Petitions Humbly Beseech Your Majesty in Council, for Protection for 400 English Seamen, to Man Five Ships to the East-Indies this approaching Season; and in humble Confidence of Your Majesty's Granting the same, have made great Preparations for the said Voyages.  
That on the Two Ships which were sent out to the East-Indies last year, for Private Accounts, there was more Cloth, and other Goods of the Growth, Product, and Manufacture of England, Exported, than what the Company have Exported thither in Four Years of their Trade. Although the interested in those Ships were under no Obligation to Export any.  
That the Petitioners will Export much greater quantities of Cloth and other Goods of the growth, product, and manufacture of this Kingdom in this One Year, than what the Late Company have Exported in Five whole Years of their Trade; although in that time they have sent out above Ten Thousand Tunn of Shipping.  
That at the Return of the said Five Ships, the Petitioners will supply Your Majesty with Five Hundred Tunn of Salt-Peter, at 3 l. per Hundred-weight: though that Commodity, for want of the Companies Importing it, is now Sold for 8 l. per Hundred-weight. Whereby there will be saved to Your Majesty, 50000 l. at the present Price.  
That the Custom, payable to Your Majesty at the Return of the said Ships, will amount to about Sixty Thousand Pounds; which is Three times as much, as the Late Company have Paid to the Crown for all their Own, Aliens, and Other men's Goods Imported on their Ships the last Three Years. So that the very Customs payable to Your Majesty at the Return of the said Ships, will amount to One Hundred and Fifty Pounds Sterling, for every one of the said 400 Seamen which the said Petitioners desire; besides the other Advantages which will accrue to the Public, by Exporting large quantities of Cloth and other Goods, of the Growth, Product, and Manufacture of England; supplying Your Majesty with Saltpetre, and the Nation with other East-India Goods, much Cheaper than either it now is, or possibly can be, if they are all Engrossed into one hand.  
That the Late Company, for several Years passed, have not had a Stock sufficient to carry on so Vast a Trade, and are at present reduced to so mean a Condition, 
* Which is sufficiently proved, 〈◊〉 appointing 4000 l. to be ●●●●ed to their ●●●●ck, and paid 〈◊〉 by the tenth January ●●●●t, and their ●●●●s and practi●●● to obtain it; 〈◊〉 ●●ch time is 〈◊〉 ●●ticularly ●●●●●ulated, to ●●●●ble them to ●●●d out their ●●●ps.  that they have neither a sufficient Estate of their own in England, to Lad the Ships they Petition for; nor in India, to Lad them Home again: and that the said Trade is in danger to fall into the hands of some other Nation, unless timely prevented: As may appear by the annexed Reasons, Humbly Offered to Your Majesty's Consideration.  
And for as much as the Petitioners, by reason of the present War, and the great and heavy Losses which they have sustained thereby; as well as the many Obstructions and Hazards in most other Trades, are much disheartened in prosecuting the same; to the great Damage of the Petitioners; and the depriving them in effect, of the means of their Livelihood; as well as the discouragement of the Woollen-Manufacturers, and other Artisicers subsisting by Foreign Trade, wherein many thousands of the Poor of this Kingdom are employed.  
The Petitioners therefore most Humbly Pray Your Majesty would be graciously pleased to grant them Protections for the said Number of Seamen to go to the East- Indies this year; that being the most profitable, and least hazardous of any Foreign Trade: whereby the Petitioners may be enabled in some measure to Repair the Great Losses, which by reason of the War they have sustained.  
And Your Petitioners shall ever Pray, etc.  
REASONS, Humbly Offered to Your Majesty's Consideration; whereby it may appear, That the late East-India Company have neither Stock at Home or Abroad, to carry on that Trade; and that it is in danger to be Lost to this Kingdom, and to fall into the hands of some other Nation.  
The Late Companies want of Stock at Home is Visible  
I. BY their having sent out to the East-Indies in three whole Years time of their Tade, Viz. in 1689, 1690, and 1691 in 7 Ships containing about 3000 Tuns, but the value of 26000 l. as may appear by their Accounts laid before the House of Commons in 1689 and 1691, of which most part was Ammunitions and Stores for their War.  
II. By their having in England but 38901 l. 8 s. 8 d. according to their own Accounts given in to Parliament in 1691, including 9920 l. for their Buildings, though they had sent out so little in the preceding Three Years, and had had above 10000 Tuns of their Shipping arrived in that time, whereas in Truth three times that Sum would not have paid the Debts which they then Owed, and made good the other mistakes omitted to be inserted in that Account.  
III. By their Farming out their Trade to and from the East-Indies, to be carried on by Foreigners and others on Permission, on their Ships, and not Trading themselves, when English Goods were so much wanted there, and East-India Goods so excessive scarce and dear here, which it can never be supposed they would have done, if they had had effects either at home or abroad, to carry on the Trade themselves.  
iv By their calling in 50 per cent. of their Stock, before they could send out the last Years Ships, which was a Public Confession of their own, that they had not Stock sufficient to carry on their Trade without it.  
V By their having no Money in England to carry on their Trade, notwithstanding the said 50 l. per Cent. called in, that not being sufficient to PAY what they Owed before it was called in.  
VI By their Shipping out in Five Years of that Trade, so little Cloth, as has in all that Time amounted to but about 20000 l. and not near so much in all other Goods of the Growth, Product, or Manufacture of England, which shows, either that they wanted Money to Pay for them; or That they had little regard to the Public Good of the Nation in the prosecution of their Trade.  
VII. By the Engrossing the Goods (which have come home,) by the Ruling Members, who Sold them to themselves, knowing the Company had not a Stock to supply the Nation with those Commodities, thereby enhancing the Prizes to such extravagant Rates.  
VIII. By their not supplying the Nation with Salt-Peter, although the safety of the Kingdom so much depends thereon, that Commodity by reason of its scarceness for want of their Importing it, being now sold at near Four times the usual Price.  
Their Want of Stock abroad is also Visible,  
I. By their Factors having sent home in a few years about 2000 Tuns of their Shipping empty.  
II. By their having kept their Ships so long in India, when East-India Goods were so much wanted at home. One of these Ships now lately arrived, having been Five Years Out: And Three of those sent out in 1689 and 1690 not being yet returned; besides above 1200 Tuns of other Shipping which they had formerly sent out, and which they would, as they might, have jaded home, if they had not wanted Money, there more than Ships.  
III. By their being so vastly indebted at Suratt their chiefest Residence, that their General, or Precedent and Council there are consigned to the Town, and not permitted to stir out of it unless with a Guard to Watch them for fear they should run away without paying what they Own, and making restitution to the Natives for the damages done them in the War. And although by their Account given in Parliament in 1691, they pretended to have there about 200000 l. after all Debts paid; yet they are so far from having any Stock at all there, That they are forced to Borrow Money to pay for the necessary Charges of their Factory; as the Petitioners can prove by persons of undoubted Credit, lately come from thence, who arrived here but in August last.  
iv By their Starving the Trade, having had home in Two Years but Three Ships, containing not above One Thousand Tuns (though they have so many Ships abroad, and that East-India Goods are so much wanted at home,) and even these Three Ships, a great part Laden by Armenians and others on Permission for private Accounts, whereas in that time the Dutch East-India Company have had home about 
* About 15000 Tunn  Ten Thousand Tuns of Shipping.  
By all which it may plainly appear to Your Majesty, That the late Company have neither Stock at home nor abroad, to carry on that Trade; but on the contrary, are vastly Indebted there, as has been already Observed to Your Majesty: Notwithstanding, that by their Accounts given in Parliament, in 1691, they pretended that they had 828860 l. in quick-stock in the East-Indies, after all Debts and Demands were paid and satisfied; and that they have not had home from thence near the value of 100000 l. since that time; and for want of their Stock to manage this Trade, Your Majesty has suffered in a very few years last passed, at least 300000 l. in Your Customs, and that Trade is in a manner quite lost to this Kingdom, and given away to the Dutch; who do not only supply themselves directly from the East-Indies, with those Goods which they formerly had from England; but do furnish other Countries, which we were used to supply; and even the Consumption of this Kingdom itself is now chief supplied with East-India Commodities by stealth from Holland. And besides the Considerations , several other Princes and Potentates, viz. the Danes, Portuguezes, and Genoveses, are encouraging, and inviting not only their own, but likewise the Subjects of other Princes, and especially Your Majesties, to prosecute this Trade to and from their Dominions, in Shipping of those Countries; which may prove of dangerous consequence to this Kingdom, unless prevented by permitting the rest of Your Majesty's Subjects to partake of this Trade, from hence, upon equal terms: for that it will be more advantageous, either to embrace the aforesaid Encouragement, or to come into that Trade by being concerned in the Dutch East-India Stock, rather than by Building on the rotten Foundation of the late Company; who, it's visible, have not a Stock to carry on that Trade.  
But the Ill Intentions of the late Company are the more apparent; for that though they themselves have been able to drive so little Trade to the East-Indies for several years last passed; yet they would obstruct others Your Majesty's Subjects from Trading thither; thereby endeavouring to lessen Your Majesty's Customs, and to give away this Trade from our own to some other Nation.  
All which the Petittoners Humbly Submit to Your Majesty's great Wisdom, and are ready to Prove the Particulars thereof, upon any day to be assigned them by Your Majesty for that purpose.  
But no day was assigned, nor Answer given to this or the former Petitions; altho' those who acted as the late Company, had Protections granted them for 1200 Seamen, to go to the East-Indies this Season; and an Order of Council was then past, directed to either of the Secretaries of State, to prepare a Warrant for Her Majesty's Signature, in order to Passing the Charter to the late Company; the draught of which Charter was annexed to the Order itself, which Order follows, viz.  
At the COURT at White-Hall: The 28th of September, 1693. Present, The QUEENS Most Excellent Majesty, in COUNCIL.  
UPON Hearing at the Board the Business concerning the Passing of a Charter to the East-India Company, by Council Learned as well on behalf of the said Company, as of those Persons who have preferred Petitions against passing of the said Charter. Her Majesty in Council, upon consideration of the whole matter, is pleased to Order, and it is hereby Ordered, That One of Their Majesty's Principal Secretaries of State do prepare a Warrant for Her Majesty's Royal Signature, in Order to the Passing of a Charter to the said Company, according to the Draught and Proviso hereunto annexed, which were approved this day at the Board, which Proviso is to be added at the end of the Draught of the Charter, next before the Words [In Witness]  
The Merchants attended upon their Caveats, and being heard, offered their Reasons against the Passing that Grant, altho' to no effect.  
The Right Honourable the Lord Privy-Seal having been absent in the Country whilst this Matter was debated in Council, the Merchants presented his Lordship the following Paper on the 5th of October, when they attended his Lordship on their Caveat.  
To the Right Honourable, the Lord PRIVY— SEAL. Some Authorities (among many) of the Common Law, asserting the Subject's Liberty of Foreign Trade; and that they cannot be Excluded from the same, by any Grant or Charter from the Crown.  
The Authorities are the same as were annexed to the Merchants Reply , and so need not to be repeated.  
An Abstract of several Statutes (among many others) asserting the Liberty of the Subject to Foreign Trade; and that they cannot be debarred of that Liberty by any Charter, Usage, or Custom, or by any Judgement given thereupon.  
The Quotations of the Statutes are the same as were annexed to the Merchants Reply before mentioned.  
Forasmuch as besides the Prohibitory Clauses in the former Charters of the late East-India Company, there are also several other Powers notoriously Illegal; which were admitted to be so, even by Her Majesties Own Council: and notwithstanding the seeming Limitation contained in the Charter now before your Lordship, they are as fully and absolutely Restored and Confirmed, as ever they were Granted; and cannot otherwise be understood by those to whom the Grant is intended; who having formerly executed them as if they had been Lawful, will by this Grant be encouraged to do the like again: It being so far from an intimation of the Unlawfulness of any of those Powers, that it is rather an Indication that they are all Lawful. For it may well be concluded, If any of the said Powers had been Unlawful, they would have been particularly distinguished and excepted out of the said Grant: Whereas by the General Grant and Consirmation of their former Charters, and the Powers therein contained, without any particular distinction, All the Powers in their said former Charters are restored and confirmed; whereby the Lives, Liberties, and Estates of the Subjects of England will be again exposed to the same unjust Diolence and Oppression, which they have formerly suffered from the late Company, by colour of those Powers contained in the said former Charters, which are now intended to be Restored and Confirmed.  
All which the Merchants concerned in the present Caveat Entered before your Lordship, do humbly Offer in behalf of themselves and the rest of their Fellow-Subjects, as their Reasons against the Passing the desired Charter of Restoration to the late East-India Company; and do humbly claim the benefit of the said Common Law and Statutes, and all other Laws, Statutes, and Customs of this Realm, for the securing to the Subject the Liberty of Foreign Trade, as their undoubted Right, which cannot be taken from them. London, the 5th October, 1693.  
And when they attended the Right Honourable the Lord Keeper on their Caveat the 7th of October, they presented his Lordship the following Paper.  
To the Right Honourable the Lord Keeper of the Great Seal of England. REASONS Humbly Offered by the Merchants concerned in the Caveat entered before Your Lordship on behalf of themselves and others, against the Passing the desired Charter to the late East-India Company.  
I. THEY humbly conceive Your Lordship to be a judicial Officer indifferent between the King and his People, and a Check which the Law has appointed over all Grants from the Crown, that none may pass the Great Seal which are either prejudicial to the Crown, or to the Just Rights and Liberties of the People.  
II. They humbly Apprehend not Order can Warrant the passing any Charter containing any Grants that are in themselves Illegal.  
III. That the Charter now before Your Lordship, is a Restitution of several Grants of the Sole Trade to the East-Indies to a few Persons, excluding all the rest of Their Majesty's Subjects, which Exclusion they conceive is contrary to the Common Law of this Land, the Authorities whereof are too Voluminous to be inserted here, and likewise contrary to divers Statutes, some of which are particularly expressed in the Paper Annexed, of which they pray Your Lordship's Consideration.  
iv That if the King can restrain some of his Subjects from Trading, and Licence others, it may be a precedent for any of the King's Successors to set what price they please upon such Licenses; by which means they will never need the Aid of Parliaments to supply them with Money, the consequence whereof may hereafter be very dangerous to the Kingdom.  
V That the former Charters which are to be restored and confirmed by this Grant now before Your Lordship contain divers other Illegal powers— As the Power of Executing Martial Law, of Imprisoning the persons, and confiscating the Estates of Their Majesty's Subjects, etc. some of which were lately Acknowledged to be Illegal even by their Majesty's Council at Law.  
VI The said Charter declares the late Company to have been of a long time a Corporation to the Honour and Welfare of the Nation, which may be interpreted a Justification of the Illegalities which they have acted, and a Vindication of them in that, for which they have been publicly censured in Parliament; and if there can be any Reason to restore the late Company, without doubt there can be none to commend them.  
VII. That the restoring the said Charters wherein such Illegal Powers are granted, may occasion the loss of the lives of their Majesty's Subjects, which can neither be restored nor repaired.  
VIII. That the Execution of the said Powers contained in their former Charters being in Places so remote, the Aggressors are out of the reach of the ordinary Justice of the Kingdom, and the parties aggrieved left without Remedy or at least unable to contend with a Joint Stock, so as to procure any legal Satisfaction for the Injury done them.  
IX. They farther represent to Your Lordship, that some of the concerned in the said Caveat, have Factors, Servants and Mariners, as well as considerable Estates in India, and the restoring the former Charters may expose not only them but all others who may go into those Parts on their Lawful Occasions, to the Arbitrary Powers contained in the old Charters, for that no Provision is made in this New One to Secure them, and the Company may be encouraged by this Grant to execute the said Unlawful Powers as they have formerly done.  
X. That the Industrious Application of the Company to get this Charter pass so near the Session of Parliament, where this matter has been so long depending, can be accounted nothing but a Design in them to obstruct the Settlement of that Trade by the Parliament, to whom the King has expressly referred it by his Message sent to the House of Commons the last Session.  
XI. That the Copy of the said Charter since it has been altered, hath been denied, whereby they are debarred from the opportunity of making such just Exceptions as otherwise they might or ought to do in a matter of so great consequence.  
XII. That the Granting this Charter, which restores the Sole Trade of the East-Indies, to the late Company will be in effect the giving away that Trade to the Dutch, who have already in a great measure driven us out of it, and furnish most other Countries, as well as this with East-India Goods, the late Company having neither a sufficient Stock or Credit to carry on that Trade.  
And notwithstanding the pretence made as to the seeming limitation contained in the desired Charter, We humbly beg leave to represent to Your Lordship, that all the powers which are contained in their former Charters, are as fully and absolutely restored and confirmed as ever they were Granted, and cannot otherwise be understood by those to whom the Grant is intended, who having formerly executed them as if they had been lawful, will by this Grant be encouraged to do the like; it being so far from an intimation of the Unlawfulness of any of those Powers, that it is rather an Indication that they are all Lawful, for it cannot be presumed that any thing which is otherwise, should pass with so great Solemnity under the Royal Authority, and through the hands of the Great Officers of the Kingdom, who have Examined and Approved the same after so long a deliberation; But it may rather be concluded if any of the said Powers had been Unlawful, they would have been particularly distinguished and Excepted out of the said Grant; for that by the general Granting and confirming of their former Charters, and the Powers therein contained without any particular distinction, and especially (as the Charter expresses it) as fully as if the said Powers and Charters were particularly recited; all the Powers in their said former Charters cannot but be supposed to be restored and confirmed, whereby the Lives, Liberties and Estates of the Subjects of England, will be again exposed to the same unjust Violence and Oppression which they have formerly suffered from the late Company by colour of those Powers contained in the said former Charters which are now intended to be restored and confirmed.  
All which the concerned in the Caveat before Your Lordship, do Humbly Offer in behalf of themselves and the rest of their Fellow Subjects, as their Reasons against the passing the now desired Charter to the late East-India Company, and do Humbly claim the benefit of the Common Law and the said Statutes and all other Statutes and Customs of this Realm, for the Securing to the Subject the Liberty of Foreign Trade (as their undoubted Right.) Octob. 7th. 1693.  
The Quotations of the Statutes, mentioned to be Annexed, asserting the Right of the Subject to the Freedom of Foreign Trade, being the same with those , which were Annexed to the Merchants Reply, are needless to be repeated.  
And the Merchants being heard on their Caveat before mentioned, the Charter past the Great Seal the same day.  
The Publication of these Matters of Fact is thought the more necessary at this time, for the information and satisfaction of those, whose Affairs and Residences are in the Country's remote, and more particularly of the Members of the Honourable House of Commons; who (it's to be hoped) will be hereby satisfied of the present absolute necessity of asserting the Right of the Subject to the freedom of Foreign Trade, to which all Englishmen have a Natural Right derived to them by Birth, and Merchants especially, a more particular Right by the Common Law of this Land, confirmed by Magna Charta, and several other Statutes, which declare the ancient Right of the Subject to Foreign Trade before those Statutes were made; and this, as is humbly conceived, seems the more necessary to be done at this time; because the omitting it now after the Settlement of this Trade, has been so much debated in Parliament and Council; and that the Prerogative of Restraining Trade to some, and Granting it to others, has been claimed, and asserted as Law, may well be accounted in after-Ages, a Giving up this Right, and admitting such a Power in the Crown, to Restrain Foreign Trade, as is pretended.  
On pretence of this Prerogative of Excluding from Foreign Trade, and particularly this Trade, 2 Ships bound for the East-Indies, were stopped last year; to the great damage of those who are concerned therein; and this Stop was procured by some of the Members of the late Company, and was effected in a most extrajudicial, and unheard of manner; and at a time when there was no Company in being, nor so much as the pretence of a Charter; nor an Embargo on any other Ships, which were cleared at the Custom-house; though they were bound for the East-Indies, or any other place whatsoever.  
And on the same pretence a Petition was delivered the 21st. of October, in the Name of the Governor and Company of Merchants of London Trading into the East-Indies, though not signed; praying, the Ship Redbridge, Captain Smith Commander might be stopped, (as by a Copy of the Petition appears.)  
To the Queen's Most Excellent Majesty: The Humble Petition of the Governor and Company of Merchants of London, Trading to East-India.  
Shows,  
THAT there has been lately obtained of Your Majesty in Council, and the Commissioners for executing the Office of Lord High Admiral of England, a Permission and Protection for the Ship Redbridge, Edward Smith Commander, with fifty Seamen, to proceed on a pretended Voyage to Alicant in Spain.  
That Your Petitioners have notice, That the said Ship is really bound (not for Alicant, as pretended, but) to East-India, or other those Parts and Places; the Sole Trade whereof is Granted to Your Petitioners, by Your Majesty's gracious Charter.  
Which Proceed, being as well in contempt of Your Majesty's Government, and the known Laws of this Kingdom, as to the very great prejudice of Your Petitioners.  
They Humbly Pray, a Stop may be put to the said Ship, till Your Majesty shall be satisfied, where she is really Bound.  
And Your Petitioners shall ever Pray, etc.  
Whereupon the following Order past.  
At the COURT at White-Hall: The 21th. of October, 1693. Present, The QVEENS Most Excellent Majesty, in COUNCIL.  
UPON Reading this day at the Board, the Humble Petition of the Governor and Company of Merchants of London, Trading to the East-Indies, setting forth, That they have notice, that the Ship Redbridge, Edward Smith Commander, with fifty Seamen, who had Licence to proceed on a Voyage to Allicant in Spain, from the Commissioners of the Admiralty, pursuant to an Order of this Board, of the 12th. of Sept. last, is really bound (not for that place, but) to the East-Indies, or other places; the sole Trade whereof is granted to the Petitioners by Their Majesty's Charter; and therefore Praying, a Stop may be put to the said Ship; It is Ordered by Her Majesty in Council, that the said Ship Redbridge be immediately stopped from proceeding in her pretended Voyage to Allicant, or elsewhere, until further Order from this Board, and the Right Honourable the Lord's Commissioners of the Treasury, and Commissioners of the Admiralty, are to give the necessary directions accordingly.  
And accordingly the said Ship was actually stopped, to the great loss and damage of the concerned; by which Practices the Exorbitancy of such a Power will appear; and this plainly shows, what construction the Company do and will put upon those Powers granted them by their Charter of Restoration.  
Whereupon the Owners of the said Ship presented to His Majesty in Council, the following Petition, on the _____ of Novemb. 1693.  
To the Kings Most Excellent Majesty: The Humble Petition of James Bateman, Samuel Watts, and Thomas Dade, on behalf of themselves and others, Owners and Freighters of the Ship Redbridge.  
Shows,  
THAT Your Majesty having been Graciously pleased to Grant Your Petitioners Licence for sending the said Ship Redbridge for Alicant; Your Petitioners did Victual, Fit out, and Man the said Ship for the said Voyage; And there being Four other Ships Bound also for that Port, all the Five Ships, did interchangeably Enter into Covenants of the Penalty of Two Thousand Pounds and upwards each, to stand by and assist one another (if they were Attacked by the Enemy, as by the said Charter-Party hereunto annexed, more fully doth appear.  
That Your Petitioners have paid all the Duties and Clearing, and also given very good Security by Bond at the Customhouse, that the said Ship shall Sail directly for Alicant, and return from thence directly for England; and the said Ship was in all points ready to have Sailed according to the said Licence, when an Officer of the Admiralty, by Virtue of an Order from Her Majesty and this most Honourable Board, put a Stop unto her upon the East-India Companies Petition, that they have Notice that the said Ship is bound to India: Now forasmuch as this detention, (if longer continued) will not only lose the Consortship of the other Four Ships which wait for her in the Downs, wherein the Security of the Voyage doth so much consist, but is also a present Loss upon Your Petitioners of Nine Pounds a Day for Wages and Victuals to the Seamen. And in regard the said Ship was stopped upon the bare Allegation of the said Company, without any Proof, or so much as a Hand to the Petition; your Petitioners hope that the Charter Parties hereunto Annexed, and the Bond given at the Customhouse shall be sufficient to clear her from this present Stop.  
Therefore Your Petitioners do most Humbly pray Your Majesty that the said Ship may be permitted according to her Licence, and the Security given, to proceed on her Voyage for Alicant, in Company with the other four Ships.  
And they shall ever Pray, etc.  
Upon which Petition, the Examination of this matter was Referred by His Majesty, to the Lords of the Admiralty, and after some time the Ship was cleared, and permitted to proceed on her Voyage to Alicant; as appears by the Report made to His Majesty by the Lords of the Admiralty, and the Order of Council thereupon, Copies whereof are hereunto annexed.  
Admiralty Office 7th. Nou. 1693. By the Commissioners for executing the Office of Lord High Admiral of England, Ireland, etc.  
IN Obedience to His Majesty's Order in Council, on the Petition of James Bateman, Samuel Watts, and Thomas Dade on behalf of themselves and others, Owners and Freighters of the Ship Redbridge; Praying, That the Stop lately put to the Sailing of the said Ship to Allicant, may be taken off, and that she may be permitted to proceed on her said Voyage: We have Examined into the same, and find, that the said Ship Redbridge is bound by Charter-party to proceed for Allicant, and return from thence directly for London, in Company with four other Ships. And Sir William Gore, Sir Samuel Dashwood, Mr. Isaac Houblon, and several others, in behalf of the East-India Company; as also Mr. Shephard, Mr. Bateman, and other Owners and Freighters of the said Ship being fully heard; the former, as to what they could allege against; and the latter, for her Proceeding. It does not appear to us, that there is any grounds for Continuing the present Stop on her: And therefore we are humbly of opinion, she may be permitted to Sail on her intended Voyage to Allicant; which the aforesaid Gentlemen who appeared in behalf of the East-India Company did consent to, upon Mr. Shephard 's declaring before this Board, That the said Ship is not bound to the East-Indies, but to Allicant, and from thence back to London.  


Faulkland.  
J. Lowther.  
Rob. Austen.  
R. Rich.    
At the COURT at White-Hall: The 9th of November, 1693. Present, The KING'S Most Excellent Majesty, in COUNCIL.  
UPON Reading a Report from the Lords Commissioners of the Admiralty, Dated 7th. Instant: It is this day Ordered, by His Majesty in Council, That the Ship Redbridge be permitted to proceed on her Voyage to Allicant, pursuant to the Order of this Board, of the 12th. of September; notwithstanding the Stop put to her Sailing by Order of the 21st. of October last, on the Petition of the East-India Company; and the Right Honourable the Lord's Commissioners of the Treasury, and Lords Commissioners of the Admiralty are to give Directions accordingly.  
William Bridgeman.  
By which its very plain, that such proceed, if they are not prevented, will render all the Foreign Trade of England Precarious, by being subject to be interrupted by the Caprice, or Malice of any one who is a Committee Man of the East-India Company.  
The admitting such a Power in the Crown; to restrain Foreign Trade from some Subjects, and to grant it to others, exclusive of the rest; would be of dangerous consequence to this Kingdom, having a direct tendency to incline future Kings, to Farm out all Trade, and so to raise Money without the Aid of a Parliament; And the Asserting the Right of the Subject is now the more requisite, in as much as the omitting it so long, has been a Grievance which calls the louder for its present Redress, having already given way to a Pretence of Prescription, which was also urged as an Argument for the Power of the Crown to restrain this Trade.  
Though it will as is humbly supposed, plainly appear by what has been already observed, as well as by these following considerations, That the Crown has not the Power of restraining Foreign Trade to some, and Excluding others, without an Act of Parliament.  
1. By the confirming the Hudsons Bay Company by Act of Parliament, since Their Majesty's Accession to the Crown, which is a clear demonstration of the Insufficiency of any Charter to Exclude the Subjects of England from Foreign Trade, without an Act of Parliament; and of this the East-India Company were sufficiently convinced, having Petitioned this present House of Commons for the like Establishment; whereby they themselves admit, That the Crown could not Exclude from that Trade without an Act of Parliament.  
2. By the several Judgements which have been given in Westminster-Hall, since their Majesty's Happy Accession to the Crown, against the stopping Ships bound to the East-Indies; and against the seizing of Ships and Goods by colour of such Excluding Charters, for Trading to the East-Indies and Guiney, within the limits of them, thereby declaring it Lawful for the Subjects of England to Trade into the East-Indies and Guinney, notwithstanding those Charters, and without any particular Licence from the King for so doing.  
3. By His Majesty's Message, sent the House of Commons the last Session, in answer to their Address of the former Session, for Dissolving the late Company, wherein it's declared, That he could not settle it by his own Authority alone, and that the Concurrence of the Parliament is necessary to make a complete and useful Settlement of this Trade.  
To Conclude, a short Bill for the Declaring and Asserting the Right of the Subject, to the Freedom of Foreign Trade, might be Past speedily, without obstruction to the other Public Affairs, and might be a means to facilitate the establishment of a new Company, for the carrying on this Trade, by a new National Joint-Stock, to be raised by new Subscriptions (if the Wisdom of the Parliament shall think that the best method) for the future carrying on of this Trade.  
This would remove those Difficulties and Oppositions which have hitherto prevented that settlement, by making the opposite Parties Concur in their endeavours to obtain it; and would be a means effectually to secure that Trade from being lost, until such a settlement of it can be made as the Parliament shall judge most beneficial to this Kingdom.  
One great Objection urged by the Favourers of the Company, against such a Freedom of Trade, is, That it will spoil the Trade, which therefore deserves to be considered; But it's very remarkable, if they are asked how the Trade will be spoiled? whither the Trade will not be carried on? our Manufacture Exported? and East-India Goods Imported? They will allow all these will be done in an open Trade: But how then will the Trade be spoiled? The Answer is obvious, just as it would spoil any other Monopoly, who have the sole Buying and sole Selling of any Commodity, if others were admitted to sell the same; they must be content to get less; English Goods will be sold cheaper there, and East-India Goods will be sold cheaper here; And if this he the Case, as its plain it is, such a Freedom of Trade would make the Trade better for the Public, though it might be worse for those that drive it.  
All which is Humbly submitted to, the Honourable House of Commons, etc.   
FINIS.