A MODEST and JUST APOLOGY FOR; OR, DEFENCE OF THE PRESENT East-India-Company. AGAINST THE ACCUSATIONS OF THEIR ADVERSARIES. Wherein the CRIMES alleged against them, are fairly Examined; The CALUMNY's Confuted, and all submitted to the Judgement of Impartial and Unprejudiced PERSONS. LONDON, Printed Anno Domini, MDCXC. To the READER. THIS Apology was drawn up some little time before the last Prorogation of the late Parliament; though upon some Reasons, forborn to be published, which I thought it necessary to give you notice of; lest finding some Passages therein adapted to that time, you may think them something improper, as to the present: You will not find in this any particular notice taken, of any of those many Papers, by their Enemies published abroad to defame them, (except the Preamble of their own Subscriptions) which indeed was industriously avoided: They being so filled with scurrilous Language, and opprobrious Expressions, that they deserve no Answer: What hath been here endeavoured, is to relate matter of Fact truly (leaving you to make the Inference) which I have not willingly falsified in any one particular: If any such should be, I do declare, it hath been through inadvertency, and not designedly. The whole is submitted to the censure of the unprejudiced Person, which being fairly and impartially considered, together with the Circumstances attending those several. Actions here discoursed of: I doubt not, but the supposed Monster, will not now appear, so black and ugly, as he hath been of late depainted: It is possible, That these Papers may meet with a Reply: For I cannot expect they will satisfy every one: But if such be their fate, If the said Reply be managed with Candour and Ingenuity, they shall have from me a fair acknowledgement of my Error, where it is so; or a fair rejoinder where it is otherways. But if it be filled with such scurrilous Language, as those Papers have been, which of late have been exposed to the Public against them: Let the matter be what it will, It shall receive no other Answer from me, than the rest have done, viz. Contempt and Silence. Farewell. N. T. A Modest and Just Apology for, or Defence of the present East-India-Company, etc. WHAT great and indefatigable industry hath been employed? What Arts and Devices made use of, to blast the Reputation of the present East-India-Company, is notoriously evident to all, who either give themselves the trouble of listening to those Calumnies, daily inculcated in all noted Coffeehouses against them, or to the reading of those Prints exposed publicly, and delivered gratis in the said Coffeehouses, to all such as will but accept them: Wherein the said Company are not only set forth to be Bankrupts as to their present Condition, but represented as vile and odious as Malice itself can invent, or a Pen dipped in the very gall of Asps can depaint; so that it may justly seem necessary, that at this time a just and modest Vindication of them, and their present Condition from the said Aspersions should be published; and the rather since their Enemies have endeavoured of late to impose, not only upon the unthinking Vulgar, but upon the Members of the Honourable House of Commons, by putting Papers into their hands; wherein besides the scurrility of the Language suitable to the Authors, there are many things notoriously untrue; nay they have presumed so far upon the whole Body of the Legislative Power of the Nation, King, Lords and Commons, as to declare to them, in the preamble to their new Subscriptions, by them now Printed and Published, the very terms of an Act of Parliament to be by them passed, without which, their Subscriptions are ipso facto void, and no ways obliging, and withal are become so confident, as to publish to the World their Assurance, that an Act shall pass in such terms, as they have there prescribed, which withal submission is left to a just censure. It is now confessed almost by all, even the very Enemies of the present Company, That the East-India Trade is of a great National advantage; That for the making of it more advantageous, it must be carried on in a Joint Stock: That that Stock must be in a Company exclusive to all Interlopers: That a Joint Stock and Interlopers, are things inconsistent: That such a Company must necessarily be invested with Powers sufficient to govern their respective Residences abroad, and carry on their Trade; So that these things being sufficiently evident to common sense, and now by almost all in general acknowledged, it will be needless to bring any Arguments for the proof of them; by which means the business of this present Paper will be much contracted, and applied only to undeceive the World, in some of those Calumnies, by which the Enemies of the present Company have endeavoured to blacken them, and render them most obnoxious to the Public; Wherein I shall be as concise as possible I can, without so much as in the least taking notice in particular of that scurrilous Language and opprobious Expressions, they are pleased to cast upon them. The first Objection then that presents itself to Consideration, and which hath created them so many Enemies, is, That the said Company have at several times given disturbance to those Persons, who traded into the places of their Privilege, and were not free of the said Company, and are therefore styled Interlopers, and that, by stopping their Ships and Goods, and by other ways and means to the hindrance of their Trade. To this it is answered, That the Premises before laid down fairly considered, and which are now in a manner universally acknowledged, viz. That the Trade of India to render it Nationally advantageous, must be carried on in a Joint Stock; That the said Trade in this Nation hath been so carried on all along in a Joint Stock, exclusive to all others not free of the said Company, by virtue of, and under the Power of the Charters of the several Princes of this Realm, ever since the Trade was first established; That a Joint Stock and Interloping are wholly inconsistent; And that the present Company had the same Trade wholly and entirely granted to them equally with their Predecessors, from the lawful and undoubted Sovereigns of this Realm: I say these things fairly and impartially considered, It will appear no more injustice in this present Company, to put all stops and Inconveniences they could upon all Persons not free of the said Company, attempting to break in upon them, by trading into the parts of their Privilege so granted to them as aforesaid, than it would be in a private Person to defend himself from the attempts of those, who would wrong him in his Person or Estate, and by force endeavour to wrest him out of the Possession of his Freehold: Nay it may truly and rationally be affirmed, That had not the Managers of the said Stock exerted all the Powers granted them in their Charters, to the keeping out of all unfree Persons from breaking into their Trade, they had been unfaithful to the Trust reposed in them by the Generality, and Betrayers of the Interest both of themselves, and of the Nation. For whatever Company for the future may or shall be established (if the Wisdom of the Nation shall think sit to make any Alteration,) unless they have Powers granted, and Liberty as occasion shall offer to exert them, to keep out Interlopers, and secure the Trade entirely to the Joint Stock, they can never preserve that Trade to themselves or the Nation. And since it is now almost generally confessed, and is most certainly true, That if the Wisdom of the Nation shall think fit to establish this or any other Company by Act of Parliament, If they will enable them to carry on the said Trade to a National advantage, they musT grant them the same, if not an increase of that Power which the present East-India-Company have granted to them by their Charter, Wherein then is the great Crime which the present Company is guilty off? And hath created them so many bitter and implacable Enemies? In stopping Interlopers' Ships, and giving them what disturbance they could in their Trade, since either there must be no Company and Joint Stock, or all Interloping must be excluded? All Mankind being agreed, that both can't consist at the same time. To this I presume it will be answered, That the thing in itself, for a Company established in a Joint Stock to obstruct all others, may not be criminal, because necessary and rational: But that this present Company have either exceeded the Powers granted to them in their Charters, Or if they have not exceeded them, Their Charters themselves are not agreeable to Law, and so they are criminal in acting by an unlawful Power. I shall therefore now fairly consider, how far the present Company is criminal in either of these two respects. For the first of these, That the present Company have exceeded the Powers granted to them by their Charters, It is wholly denied by them, That they have at any time exceeded the Powers given them therein, by any of their Actions here at home, Or by any Orders given by them to their Servants abroad. And this being matter of fact, must rest upon the proof of the Complainants; and that being to be in particulars, as is always in cases of matter of fact; The charge will then appear, either to be true or false, when the matter of the Complaint being first fully proved, and the Powers granted to the said Company, being likewise fully examined, and both compared together, Then I say it will be clearly seen, and not before, Whether the present Company have exceeded the Powers therein granted, which is the first Objection. But it being the business of this Apology to be as concise as may be, there is no room left to enter upon Particulars; Only by the way it may seem to incline any rational Man to believe, that they themselves are very doubtful of the Truth of it, when upon their Complaints which they make so much noise about, they fly to other places for Remedies, and not to the Courts of Judicature, which are always open to receive all just Complaints, and the Company as liable to be fued in those Courts, as any private Person. But if it should be granted, that the Companies Agents abroad may have in some particular Cases varied from, or exceeded their Instructions from hence, and thereby some particular Persons have been aggrieved, Are the Company here therefore guilty of those Exceed? Especially since it hath been their constant practice, that if any Persons come from thence, who find themselves aggrieved by such irregular Proceed made in India, upon their Complaint made to the Company here, They do order the said matter to be reexamined, and heard by some of their Members here, and if their Complaints be just, never fail to give the injured Person satisfaction; as may be instanced in many particulars: And it is irrational to affirm, that any Person can be rendered Criminal by the Transactions of his Agents abroad, unless done upon his Order; for though in some particular Cases, as they may be circumstantiated, he may be liable to make satisfaction, for Injuries done by his Agent abroad; yet Criminal no Man can ever be said to be, but from Actions done by himself, or by his Order. To this it may be believed, Divers Persons will reply, What! Is it denied, that the Company have exceeded the Powers granted them in their Charters? How cometh it then to pass, That the Right Honourable the House of Commons have declared that their Proceed at St. Helena were illegal? etc. For answer to which, It must first be declared, That it is not the business of this Paper, nor the intention of the Author of it, to dispute, much less to determine the legality, or illegality of their Charter in general, or any separate Clauses of it in particular: That being premised, this is certain, that they had Martial Law granted them in their Charter, and as certain that their Predecessors had from time to time several Commissions of that Nature, particularly in the Reigns of Queen Elizabeth and King James the First; the Originals of which lie yet by them: That they had in that very affair the particular Commission and Orders from His then Majesty; so that in that affair, how culpable soever to some they may seem to be, It was their Charter which had once been judicially affirmed in Westminster-Hall, warranted by a particular Commission from their then Sovereign as to that affair, that led them into the Error; Nor did, nor well could they know, until the House of Commons had declared it, that such proceed were illegal; since their present Charter, and the than King's particular Commission, and the Customs and Usages of their Predecessors, sufficiently attested by several Original Commissions of Martial Law lying by them, seemed to warrant them: So that though their proceed therein should not be strictly justifiable, yet are they fairly excusable, because led into the Error ignorantly; And that upon such grounds as are before mentioned; and they being Merchants, and not Lawyers, the Illegality of it, was by them not easily to be discerned. And this fairly bringeth me to the Consideration of the next particular in this Objection, which is, To consider how far this Company can be accounted Criminals, by Acting under the Powers of their present Charters, which some are pleased to affirm are not legal, because not made, or confirmed by Act of Parliament. And here as before, Be it far from me to dispute, much less determine the Legality or Illegality of their Charters in general, or any branches of it in particular; that being a point beyond the intentions of this Discourse, and no ways as is conceived, fit to be handled by a private Person. But how this present East-India-Company, over and above all Companies whatsoever, should be esteemed Criminal, by acting by the same Powers, and under the same Authority that all other Companies do, (One only, which is the Russia Company being excepted) is worthy consideration. It is well known, that upon the first Establishment of the East-India Trade in this Nation, the Adventurers were established in a Company with a Joint Stock by Queen Elizabeth, as by her Letters Patents, in the Forty Third Year of her Reign appeareth; That during the remainder of that Reign, they traded as a Company, exclusive to all others without interruption, under the Powers granted to them by the said Charter. That by King James the first their Charter was again renewed, and they continued in the Enjoyment of their Trade exclusive to Interlopers, by virtue of the same Powers during His Reign, and that of King Charles the first. True it is, That in the time of the late Usurpation, more particularly, from the year One Thousand Six Hundred Fifty Three, to the year One Thousand Six Hundred Fifty Seven; they were invaded in their Trade by Interlopers, so that in a manner the whole Trade was carried on by private hands, and by that means the Trade of India was brought to that miserable pass, as it became so far from being an advantageous Trade, that to the knowledge and experience of many yet living, it proved the contrary; And while our Neighbours the Dutch managed the same Trade in a Company and Joint Stock to their great advantage, The English by a general permission to all Persons to trade thither, drove on their Trade to a considerable loss, besides many indignities, affronts, and injuries, which were by several Princes in India where they traded put upon them; even to the forcing them to sell their Goods, and to take others at such Rates, and Price as they pleased; which could not have been put upon a Company in a Joint Stock: This made the then Traders thither (though originally Interlopers themselves) to apply to the Usurper Oliver for the Erecting a New East-India Company, as He did in the Year 1657; and during his time, they enjoyed their Trade, exclusive to all Interlopers. Upon the happy Restauration of His late Majesty, King Charles the Second, The Company applied themselves to Him, for the renewal of their Charter, and had it granted to them accordingly; And under the Powers thereof, enjoyed the Trade to themselves in all peaceable manner both here and in India, exclusive to all Interlopers, until about the Year 1680; About which time, and in the following Years, the Nation being then in a ferment, they were broke in upon by Interlopers, their now inveterate Enemies: The fatal consequence of which, in relation to the Interest of the Nation, will be more particularly considered, when I come to discourse of the Origine of the War in India. Their Trade being as above broke in upon by Interlopers, They did as in reason they ought, address themselves to their then Sovereign, the late King Charles the Second, for further Powers to obviate those inconveniences, who being fully convinced of the necessity of them, in order to the preserving that Trade to the Nation, granted them accordingly, which were afterwards again renewed, and confirmed by the late King James the Second. This being then the true state of matter of Fact, as to the carrying on of the Trade in India, ever since it was established in England, it is fairly left to the Impartial Judgement of all Indifferent and unprejudiced Persons, to judge, what the present Company could or should have done, when their Trade was so broke in upon by Interlopers. Should they have broke up themselves, and traded as private Persons? That had been infallibly to have lost the Trade to the Nation: Should they have continued their Trade in a Joint Stock, and permitted all Freedom to the Interlopers? That had been as certain to have ruined themselves first, and let the Trade be utterly lost in time: Or, Should they (as some do allege) have got their Charter to have been confirmed by Act of Parliament? That it must be confessed, had been as happy for them, as it was earnestly desired by them: But those who shall seriously consider, the temper of the Princes of the two last Reigns, how tender they were upon all the points of their Prerogative, must withal acknowledge, that such an attempt in them, would have been to have attempted that, which was next door to an impossibility: Should they have first addressed themselves to the King for such an Act of Confirmation, they would have been rejected with indignation, scorn and contempt, as calling in question the validity of that Power derived from their Prerogative; by which they had enjoyed the Trade all along since its first establishment: Should they have petitioned the Parliament that then was, for an Act to establish it? For that being to pass the Royal Assent, would in all men's Judgement (should such an Act have passed both Houses) have been there rejected, and either of the late Kings so far exasperated against the Company by an attempt of that Nature, in diminution of their Prerogative, that the least which could have been expected, had been a Quo Warranto upon their backs, to an utter dissolution of them; So that upon the whole matter, the present Company were put upon this Dilemma, either to relinguish the Trade to the Interlopers, and trade as private Persons, which had been as before hinted to ruin themselves first, and lose the Trade to the Nation in time: Or to continue the Trade in a Joint Stock exclusive to Interlopers, upon and under the same Powers they then had; as that Trade had been carried on, ever since its first establishment; Which they doing, How can it reasonably be fixed upon them, that they were therefore Criminal, or any ways deserve those black aspersions, which are now cast upon them for so doing? Which is all shall be said to this last part of the first Objection: That they had acted upon the Powers in their Charter; which as some are pleased to say, are not legal, as not confirmed by Act of Parliament. The next Objection against the present Company, by which they are endeavoured to be rendered vile and odious, is, that they are in a Bankrupt Condition; An Imaginary Fund, a Nominal Stock, not having any Estate or real Stock: And to fortify this Calumny, they have been pleased to take the pains, to draw up the form of an account, wherein besides vast Sums left in Blank, They have therein made the present Company to be 900000 l. worse than nothing: A most excellent attempt! and suitable it is confessed to the confidence of the Undertaker. To enter upon the examination of any of the particulars therein contained, would seem as ridiculous, as their attempt of exposing them: Since no Man that understands any Dealing in the World, but understandeth withal, that at that rate, it is an easy matter, to make any, either Community, or Private Persons Bankrupt at their pleasure. Sufficient it is, that the present Company are not only willing, but able to pay their own just Debts, without being liable to satisfy the capricious Demands of every idle Brain: Nor can any one be said to be in a Bankrupt Condition, who neither hideth his Head, nor refuseth Payments of his Just Debts when due; neither of which is done by the present Company. How far their Enemies have prevailed to render them (if possible) what they would fain have them, and give them out to be; may appear, by the Companies having been required to give a true state of their Stock, by delivering in a perfect Account of their Moneys, Goods, and Debts both here and in India, as they now stand in their Books: A thing justly questionable, Whether ever before demanded, of either private Person, or Commonalty; Since exposing themselves and their whole concern to so public a view, must certainly have broke them, had they not had a valuable and real Stock to have subsisted upon: Notwithstanding which, the Company did humbly submit to that Command, and in Obedience to it, did present to the Honourable Committee of Parliament, a Faithful, Just and True account of the same, and perfect so far as their Books did enable them: And to make their candidness therein appear, For the Justification of the said Account, did humbly submit the inspection of their Books, in order to the Valuation of their Stock, to such Committee as the Honourable the House of Commons should appoint, and their last Advices from India to the Honourable the Chairman of the said Committee, or to such two or three of them, as the Committee should appoint; not thinking it reasonable, that their whole concerns should be exposed to the public view, whereby their inveterate Enemies would likewise have come to the knowledge of them. And that not without reason, since a Copy of that very individual Account, which was by the Company presented to the Honourable House of Commons, was immediately by some of their Adversaries sent into Holland, for them to make such advantages of it, to the prejudice of the Company, as they should think fit; as may appear by a Transcript of it, returned to some Jews here, with a desire to be informed by them, Whether that Transcript agreed with the Account devered in by the Company. So that what uses they would have made of such an advantage, is easily judged by those who shall consider what they have done without it. But to close this Subject, which is so apparent a Calumny, that it may rationally be supposed, they themselves do not believe, what they do so industriously insinuate into the belief of others. For whenever was any Man envied that was worse than nothing? Or to what purpose is the dissolution of the present Company so earnestly desired by them, if they are worse than nothing, and are not able to carry on their Trade; For if that be true, they will quickly dissolve in course, nor will their Credit be able long to support them, without there be a real and substantial Stock left to found it upon; That having been as much blasted, as the Wit or Malice of Men could invent. Divers other public Funds have failed, The Exchequer that hath been stopped, The Chamber of London that hath not been able to comply; The most noted Bankers have turned Bankrupt, and some other Companies there are, which shall be here nameless, whose Debts are now of a long standing, and are not yet satisfied: But where is the Person that ever lent Monies to this East-India-Company, which have not been satisfied both their Principal and Interest? their greatest Enemies cannot instance in any one single Person. And shall those who have so faithfully and readily complied with all their Engagements, be now upon the bare affirmation of their Enemies esteemed Bankrupt, until they are guilty of some Action, that may truly render them such? No, no! It is not their Poverty, but their supposed Wealth, that hath created them so many Enemies, amongst which (more ungrateful they) are some, who have been Servants under them, and have taken the Oath of a Freeman, of the said Company, or purely raised by them. True it is, upon what Stock hath been continued there for divers years, or those Persons who have had the good Fortune to sell themselves out, when the Actions were very high (amongst which are some of their now greatest Enemies) Those it is confessed, have made considerable advantage by it: But as for many, if not most of the present Adventurers, who came in when the Stock was sold very high, they will be so far from deserving Envy, that they will rather deserve Pity; (amongst which are many Widows and Orphans) in as much as they will be most certainly great sufferers by a Dissolution. Notwithstanding which, the present Company have not presumed like their Adversaries to dictate to the Legislative Power of the Nation, the very terms of the Act to be by them passed: But as in Duty bound, in their Petition lodged with the Chairman of the Committee, in order to be presented to the Honourable House of Commons, did submit themselves and their Concerns to the Justice and Wisdom of the Parliament. Another Aspersion, which is cast upon the present Company, and urged by their Adversaries, as an Argument for their dissolution, is, That its present Constitution is not sufficiently National: To which is answered, That what is free for every Man to come into, cannot be said to be limited. It is well known, that by the present Constitution, no Man is debarred coming into it, either Englishman or Stranger: It is likewise well known, That there is every day Stock to be bought on the Exchange (and that much cheaper, if Truth may be the Judge, than it is really worth) so that no Man but may when he pleaseth come into the Company, and have what share in the Trade he pleaseth, so far as he is able to purchase. And what greater extent can any new Company to be Erected, have than this, where no Man is debarred? But whereas they further Object, That the present Stock is not sufficient to carry on so great a Trade, as those Places comprised within their Privilege will bear. It is answered, Suppose that to be true, which is not granted; yet that defect may be supplied otherwise than by a dissolution, even by an enlargement of Stock in a new additional Subscription, to such an increase, as the Wisdom of the Nation shall think fit; Nor need they fear to graft their new Subscription upon the present Stock, notwithstanding those Twelve Reasons instanced in their late scurrilous Paper, (which had they been penned without such opprobrious Expressions, should have received an Answer; but being such as they are, put out not to convince others, but to blast the Company, they deserve none) For in truth, Whatever the Adversaries of the present Company do, or may exclaim to the contrary, their present Stock is really worth more, than it was then valued at, and will and must appear so, when Persons indifferently chosen on both sides, shall examine it; in order to the adjusting of its Valuation. But if it be further alleged, that there are many of the Constitutions of the present Company, which render it not so comprehensively National, as otherwise it might be; As the great quantity of the Stock in the hands of some particular Persons, and consequently the advantage they may have thereby, by the Number of their Votes, as to the management of it. It is answered, Not to enter upon particulars: Divers of these things are submitted by them, to the Regulation of the Wisdom of the Parliament, as appeareth by the Scheme by them delivered into the Honourable the Committee of Parliament, at their Command: And this is all shall be said as to this Objection. Another thing that the Adversaries of the present Company do take advantage to calumniate them upon, is the present War in India, which they endeavour to make the World believe, was entered into them by capriciously, and not enforced thereunto by the Necessity of Affairs; Whereas the contrary is true, that they were not only necessitated thereunto, But that the Occasion of that Necessity did arise from the breaking in of the Interlopers upon them into their Trade (which are now the greatest Exclaimers against the War) which breaking in upon them by the said Interlopers, and thereby the dividing of the English Interest in India, The Company did wisely foresee would inevitably occasion, either the breach of all the Agreements made by their Predecessors and themselves, with the great Mogul, by and under which, they had enjoyed their Trade with all peaceableness and quietness from its first Establishment, to that time; and that thereby they would be enforced tamely to submit unto all such Impositions and Avenia's which his Avaricious Officers would at their pleasure lay upon them, and raise out of their Estates, Or they must be at the charge, and run the hazard of a War, to oblige the Moors to make good their former Agreements and Phirmaunds: One of these two was certainly foreseen, would follow the dividing the English Interest as above, and accordingly the Company did prepare for the worst: Notwithstanding which, they did not exercise any Hostile Act (though they had reason enough to have begun, having had very great Sums of Money extorted from them,) until the Moors by their barbarous Murder of an Englishman, and assaulting the rest at Hughly begun the War, and became the Aggressors, which will most plainly appear, by giving a true, though short Account of the Origine of the War, which was as followeth. It is well known, What a flourishing Condition the East-India-Company were in about the Years 1680, 1681, 1682, 1683. When besides many large Dividents to the Adventurers, their single Stock was sold for 360 per Cent. to the admiration of Foreigners, and Emulation of their own Countrymen; especially some Merchants, who made not the like advantage in their particular Trades; who though they might have come into the Company, and enjoyed a share of the Trade with them; Yet resolving to go a shorter way to work, and taking advantage of the great fermentation that was then in this Nation, arising between several different Parties, and Persuasions of Men; they fell to Interloping, into which, many well-meaning Men, by the Craft of some Cunning designing Persons (bred in the said Companies Service,) and the hopes of finding quicker returns for their Stock, by an Interloping Trade, than they could do, by coming into the Companies Stock, gave them the encouragement. And this proceeded so far, as to the sending out for East-India at several times, very many private Ships, with large Stocks, contrary to the Companies Charter, and His then Majesty's Proclamation. Upon the whole, the Company did address themselves to His then Majesty, humbly representing unto him the Injustice of such Proceed, and the destructive consequences to the Company, to whom the sole Trade had been granted by his said Majesty exclusive to all others: By which they had been encouraged to be at vast charges in the Establishment of it, and were at very great Expenses in maintaining Forts and Garrisons to defend it: And withal, did further represent to His said Majesty, what evil consequences such attempts would have upon the Trade and Navigation of this Kingdom, by such a division of the English Interest and Nation in India; particularly, that it would be a means to lose all the English Privileges in India; That the Native Governors of India would oppress the English, seeing them so divided, And the French, Dutch, and Danes would make their advantages of such a confusion amongst the English: Their Debtors in India would neglect to pay them their just Debts, And above all, All the Wicked and Evil disposed Persons amongst the Companies Commanders, Factors and Servants, would, that they might the better carry on their designs of wronging the Company, and enriching themselves, join themselves to the said Interlopers, which if not prevented, would produce Rebellion in some of the Companies Garrisons in India; So that the loss and expense of a Million of Money, and many English men's Lives, would not re-estate the English Interest in India, in so prosperous a condition, as it was before the breaking in of the said Interlopers into their Trade: All which they humbly submitted to His Majesty's consideration, nor were they out in their Conjectures; For accordingly as they did foresee, and foretold to His Majesty, in their representations to him, it came to pass; For upon the first arrival of the Interlopers in India, They to procure Abettors to themselves, and the better to carry on their own Undertake, corrupted some of the Companies old Servants, which had lived long abroad; gave out many untruths of the Companies weak condition in Europe; Suggested that the old Company were fallen under the displeasure of the King; That the Nation was under great disturbances; That themselves were the new Company: All which untrue reports were echoed and improved by the Enemies of the present Company; especially, by such of their Servants, as by their unfaithful deal, had rendered themselves obnoxious, and consequently had no way so proper to secure themselves, as to herd and join with the Interlopers: Upon this, Captain Kegwin, with other Confederates, set up for themselves; at Bombay; and under pretence, that our Nation was together by the Ears, and that the Company was in Rebellion against His Majesty, They declared for the King exclusive to the Company, Imprisoned the Companies Deputy-Governour there, refused Obedience to the Companies Precedent; Seized on the Companies Treasure, and took the Companies own Ships, Arming and Manning them against the Company, particularly the Hunter and Return, and some other smaller Ships. And our Rivals in Trade took the advantage of dividing the English Interest in India, which was not to be let slip, to possess themselves of Bantam, and drove the English from thence. The like consequences upon the Report and Suggestion of the Interlopers, followed at St. Helena, where almost the whole Island ran into an open Rebellion, and attempted to take the Companies Castle by force of Arms; and by imitation of the Rebels at Bombay, declared for the King; Set up the Union Flag, and with Colours flying assaulted the Fort,) But by God's good Providence were prevented; For had they succeeded therein, not being able to maintain it themselves without support from England, they must and would have sold it to Foreigners, and run away with the Moneys to have secured themselves. In Bengal, where the Companies Chief Trade was, the Nabob or Governor, and those under him, took the advantage of those Reports, and the dividing of the English Interest in India, to break all their agreements formerly made with the Company, and their Predecessors, and deprive them of all those very great Privileges, which the English had so long enjoyed under former stipulations; drew great sums of Money from both Parties, by such oppressive ways of Violence, Injustice, and open Hostility; as at another time, when the English were united under the prudent Conduct of the Company, would not have been, nor never was before attempted; Which they were encouraged to do, because the Interlopers, that they might carry on their Trade, submitted to any Impositions the Moors would lay upon them, though never so much more than the Company by their Agreements were bound to pay. The particulars of the Injuries sustained, and of the several Sums of Money extorted from them, as they were then faithfully represented by them, to His then Majesty and Council, are too long here to incert: But such as they were, as together with the apprehension of losing the whole English Interest in India, did so far prevail with His Majesty, as to consider what proper remedies to apply to such an inevitable Mischief, and made use of these two; The one, the preventing the further Trade of Interlopers which had been the root of all the Mischiefs; which He did by issuing out his Proclamation to restrain them, and order all the English Nation in India, either to come home, or put themselves in the service of the Company, that the English Interest might not be divided, but united in one: And further, in order to the preventing so great a Mischief, and the better to countenance the Company in their proceed, He sent one of his own Ships of War into India, with Commission to seize upon all English Interlopers, that he could meet withal there. As to the Injuries, the Company sustained, by the Natives taking away all their Privileges, though never so firmly stipulated by former agreements (which certainly being once gone, could never be again recovered by Compliments) and exacting from them several great Sums of Money: The Remedy pitched upon by His then Majesty, was by directing the Company to put themselves in a posture to right themselves, and withstand the like for the future; and to that end, granted them such new Powers, as were necessary for the carrying on so great a work, as appeareth by the supplements to their Charter, viz. The Erecting of Courts of Admiralty in India in several places, and empowering all the Companies Ships, with Commissions of War, from himself, who also had particular Power, Order, and Direction from His said Majesty, to seize all Interlopers in India, and compel them by force of Arms, in case of resistance, to go up to such places, where the Company had their Residence and Garrisons, that so the English Interest might be no longer divided, which had been the Root of all the Mischief, to the hazard of the loss of the whole Trade. Pursuant to whose Direction, and empowered by the Authority of their said Sovereign, (which might very well be by them thought sufficient for their Justification, it being never yet questioned, but that the Power of making War and Peace was vested in the Crown.) The Company were at very great charges, in sending out divers great Ships fitted with all manner of Warlike Provisions, furnished with Land-Soldiers, in order first to reduce their own Factories of Bombay and St. Helena, which were then in Rebellion; And afterwards by appearing so formidable, it might the better incline the Moors to come to an amicable agreement, with them, by restoring them their former Privileges, which they had so unjustly deprived them of, and give them some satisfaction, for those Extortions they had exercised upon them; which they were to endeavour first by all fair means imaginable. According to which, the Islands of Bombay, and St. Helena were reduced; and settled under the Government of the Company: Some of the Interlopers seized on by His Majesty's Ship the Phoenix, Captain Tyrrel Commander. The King's Proclamation issued out, and proclaimed for all Englishmen to withdraw themselves out of the Service of Foreign Princes, and to come into the Companies Garrisons and Residences, that so the English Interest might no more be divided, and all amicable means made use of, to come to a just agreement with the Natives: Nor was there by the Company any Hostile Act committed (though thereunto sufficiently provoked, by many great and repeated injuries) until the business which happened at Hughly, wherein the Moors were the Aggressors, as doth appear by a particular Narrative of the said Action, extracted out of the Companies Letter, how that begun, which is as followeth. The 28th of October, 1686, At Hughly, in the Bay of Bengal, Three of the Companies Soldiers going into the Buzar, or Market place as usual, to purchase Victuals in the Morning, were not only denied the same, but were violently set upon by the Governors' Peons or Soldiers, were sorely beat and cut (of which, one of them died of his wounds then received,) then bound, and carried Prisoners to Abdul Gunny, the Governor of the place: The News of which, immediately arrived at the English Factory, in the said Town of Hughly, in these terms, That two English men were set upon by the Governors, Peons, or Soldiers, and were desperately cut and wounded, and lay a dying in the Highway, Upon which Captain Leshly was immediately ordered out with a Party, with Orders to bring in their Bodies dead or alive; but to offer violence to no Man, except they were assaulted; Which they attempting to do, were upon the way, set upon by a Body of Horse and Foot, in a Hostile manner, whom they received, as Men not willing to be wanting in their own defence; and after some skirmish, put them to flight; having in the Engagement killed and wounded several of them: The whole Town being immediately upon this alarmed, set fire to those of their own Houses, which were nearest the English Factory, by which many of the Companies Goods were consumed. What followeth in the said Narrative, is but a further prosecution of repeated Acts of War and Hostility, each against the other; And it being not the intent of this Discourse, to give you a full History of the War, (which possibly hereafter may be done by another hand) and the proceed in it, but only the true occasions of the Rise of it, I thought it needless to carry it on further; so much of it as is here inserted, being sufficient to give you a true account how it began, Whereby it appeareth. That the Moors were the first Aggressors, and the first Blood shed in this War, was by them. Thus having in as contracted a manner as I could, give you an account of the Origine of the War: Which I do assure the Reader, is done with all faithfulness and truth, so far as I was enabled, by all the Light I could gather out of the Companies Records; either as to their Proceed here, or their advices from India: I do submit the whole to your perusal and Judgement, and do appeal to the reason of every impartial Man, whither upon the same, these following particulars are not plainly, rightly, and truly to be inferred. First, That the Company did for many years, from its Establishment, until about the Year 1680, enjoy their Trade, by virtue of their Charters at home, and their agreements with the Indians abroad, without any molestation, and with all Peace and good agreement, with the Persons with whom they traded. That the said Company were now necessitated to defend themselves by Arms, from the many Injuries daily done unto them, and to endeavour thereby the regaining of those Privileges, which both they, and their Predecessors had so long enjoyed, by virtue of formal Stipulations and Agreements, solemnly made and agreed to, between the Indians and the English. That the sole occasion of the depriving them of their Privileges, and putting such exactions upon them, by the Indians, and consequently of the War for regaining them, was the Interlopers breaking in upon them in their Trade, thereby dividing the English Interest in India, which rendered them contemptible in the esteem of the Natives, and encouraged them to do them those Injuries; so that some of those Persons, who now so much exclaim against that War, were the sole occasion of it. That the Encouragements, the Companies Servants received from the Interlopers, and the advantages they made by joining with them, was the sole occasion of the two Rebellions in the Islands of Bombay, and St. Helena, and consequently of the vast charge the Company was at, and the bloodshed that was spilt in regaining of them. That the Company being so put upon a necessity of defending and righting themselves by Arms, did not do it unadvisedly, but did in all humility address themselves to their then Sovereign, in whose Person it was always believed the right of making War and Peace, was vested, and took not only his Approbation, but his Directions and Authority therein, testified by the Instructions for the War, and granting Commissions of War to all the Captains, which went out in the Companies Service, and sending one of His Royal Ships in that Service. That notwithstanding the many Injuries received by the Company, the exacting and taking away from them several great Sums of Money, and breaking their solemn agreements made by them, with the present Company, and their Predecessors, in depriving them of their Privileges enjoyed so long time by virtue of the said agreements: The Company did commit no Act of Hostility, until the Indians had made themselves the Aggressors in shedding the first Bloodshed in this War, in the business of Hughly. The foregoing particulars being so clearly and rationally to be inferred, from the true account which hath been given above of the Rise of the War, I shall only add, the great and many Endeavours, and Attempts, which the Company hath made, since the first Eruption of the War, to the attainment of a wished for Peace, That so it may appear, That as the Company were by necessity, and not willingly engaged in the said War, so they are most willing and desirous of a Peace; as is evident, by the several attempts they have made thereunto: As first, After the unhappy Eruption at Hughly, there was made a cessation of Arms, in order to an accommodation; but it proved ineffectual through the deceitfulness of the Moors; After that, in the said Bay of Bengala, there was a perfect Peace made between the English, and the Moors; The particular Articles thereof being in number Twelve, were sent to the Company; But the Moors as soon as they had attained their ends upon the Company, in getting them to quit their Fort, they most perfidiously receded from their agreements, and broke it. Since that, There hath been made two several Agreements with the Nabob, or Governor of Surrat; and an assurance by him of the great Mogul's ratification; But when the Council at Surrat, upon Summons, came to receive the Mogul's Ratification, according to the said Agreement, they were made Prisoners, and at the same time, A Detachement of Horse and Foot sent to surprise the General and Council at Swally: And much about the same time, Another Army sent to surprise Bombay, which they apprehended, might easily be done in the General's absence. So that it was no shame upon the Nation, as by some is suggested, for the Company to give out, that the Peace was made in India; for according to their Advices they received from thence, which they must govern themselves by, It was really made, and on account of the very Articles upon which it was made, was sent to them: But who could foresee, that the Moors would make no other use of those Agreements, than thereby to make the General more secure, and less mindful; while in the mean time, in a most treacherous manner, they plotted his destruction; And when their Plots had not taken those Effects they designed, they most perfidiously fell from their Agreement. When the last Letters came from Bombay, which bore date the 9th, and 10th of May, 1689. The General had again condescended to a Cessation of Arms, in order to a Peace, which he would with all his Industry endeavour to obtain, and was the better in hopes of it, by reason of an Information, he had just then received from one Sheck Ebraim, that he was coming to him with a Letter, directed to him from the great Mogul himself, (a respect with them most extraordinary) but whether they will be more real in this Treaty, than they were in the former, or only as then, pretend an inclination to Peace with the General, that they may the better destroy him by War: Time, and our next Advices from thence must discover. This is true, That in this posture, and under a Cessation of Arms, in order to an Accommodation, things stood when our last Advices came from thence, which I pray God may answer the Companies Expectation in a firm and good Peace: For certainly it cannot be supposed, much less believed, even by their Adversaries themselves; That the Company should in the least desire the continuance of the War, and not be willing to make all possible Condescensions, for the obtaining a Peace; Since no one can receive more prejudice by the War, nor none reap greater advantage by the Peace, than the present Company: (and Interest, you know, will not lie.) Though the Adversaries of the Company do make use of this amongst other their Calumnies, That the Company do needlessly continue the War, and not use their endeavours for the obtaining of a Peace, and yet, at the same time, by publishing to the World, in the Preamble to their new Subscriptions, that the Company should be obliged by Act of Parliament, to purchase a Peace, have done as much as in them lieth, to render it next door to an impossibility ever to obtain it; which will come to be considered, amongst those Observations, which shall be made upon some of the particulars of the said Preamble: And this is what at present I think sufficient to answer to that Calumny, so industriously spread abroad by the Enemies of the present Company, that They did begin the War in India, not out of necessity, but capriciously; and have, and do continue it wilfully. Having thus (as briefly as I well could) answered the main and most plausible Objections against the present East-India Company, by which their Adversaries endeavoured to render them so odious to the World, It may not be amiss in the close of this Discourse, to consider a little, the Preamble to their new Subscription, by them lately Printed and Published. Not to enlarge upon the boldness of the Attempt in General, which hath been hinted at already: As for them to Erect, as it were a new Company, before ever the matter was come into either of the Two Houses of Parliament; Or, That any of them had voted, There should be one: And, Not only so, but to take upon them to dictate to the whole Legislative Power of England, King, Lord, and Commons, the very terms of an Act to be by them passed, (or else their Subscriptions signify nothing:) Which is as much as to say, If we may have a new Company upon our own Terms, we will; but if not, we will have none: And that which is yet a further degree of presumption, they do publish to the World. That they have received assurance, That such an Act shall be passed, even before the things are come into the House of Commons, by a report from their own Committee. To come to the Preamble itself: Wherein may be taken notice of the disingenuity of the Preface, and the unreasonableness of the Terms by them prescribed to the Parliament: For should the Parliament comply with the Terms by them proposed, or prescribed rather, It would be so far from promoting the Peace they seem so much to desire, as that it would infallibly obstruct it. In the Preface, they are pleased to say, That the Committee of the Honourable House of Commons, did declare their Opinion, That the best way of managing the East-India Trade, is, by a new Company, with a new Joint Stock to be Established by Act of Parliament. And it is so for Truth, but it is not the whole Truth; For they most disingeniously, leave out the latter part of the said Vote, (which is, That the present Company be continued exclusive to Interlopers, and all Permissive Ships, until the said Act of Parliament be passed,) as not for their Turn, and wholly inconsistent with their present Undertaking; for it being in Terminis, that the present Company should be continued until the said Act of Parliament was passed, it doth wholly exclude the Erecting of a New Company until that be done. And what is the publishing their Preamble, consisting amongst other things, of the Term of their present Constitution, and future Government of their new Company, and appointing when, and how their Governor and Committees should be Elected; their subscribing several Sums of Moneys, and appointing when, and how their Subscriptions should be paid in, and propounding Interest to such, as shall timely pay in their Money; I say, What is all this, but as much as in them lieth, the Erecting a new Company, during the continuance of the Old; and consequently contrary to the Vote of the said Committees; so that in stead of waiting the Issue of the Parliaments Determination: They by way of prevention, Erect their New Company to the destruction of the Old, which is quite contrary to the sense of the Vote of the Honourable House of Commons. The unreasonableness, if not Injustice of their Terms hereby appear, in that they do require the Parliament to oblige by an Act, the present Company to make good the demands of the Subjects of the great Mogul, and King of Syam, before it be so much as enquired into, much less known, of what Nature the said demands are, whether for Debts contracted for Goods bought, or Goods taken by the Company Flagrante Bello, by way of Reprisal, for the Goods of the Company by them seized in the Companies Factories: But taking it for granted, without any Examination of matter of Fact, that this present Company have been the Aggressors; they would have by Act of Parliament, the Company be obliged to make good, whatever the Subjects of either of these two Princes should demand. If they do reply, they do limit it to Debts and Demands that are just: In that case, I would desire to be informed, Who should adjust the Account? Should the Subjects of the Great Mogul, and King of Syam? it may be presumed, That they would demand enough; especially knowing before hand (as without doubt they would be well informed) that the Company are under an Obligation by Act of Parliament, to comply with their Demands. Or should the present Company adjust the Account? that on the other hand would be thought to be done partially for themselves. Or, Should the Account be stated and adjusted by Commissioners chosen respectively by the said Princes and the Company? How can that well be, when there is no room left for such an indifferent adjustment? that Act being once passed: For how can it be supposed, there can be an equitable Arbitrament, where the one Party is at liberty to demand what they please, and the other Party previously bound up to comply with their Demands: Or, Should the New Company depute Persons to adjust the said Demands? it may reasonably be supposed in that case, That those who without cause, have so industriously endeavoured the ruin of the present Company, in a matter of that Nature, will not be very favourable to their just Interest. Nor is it less unjust, That they fix the Damage (if any such should be due from the Company) as they do, to be made good by the Persons, and out of the Estate of the Managers thereof: Whereas, It is well known to every one that knoweth any thing of the Company, that the Company being a Joint Stock, and the Court of Committees, who are the Managers thereof; being generally many of them, as much if not more concerned in the Joint Stock than others, are annually chosen by the Generalty; and by them entrusted with the management thereof, are not liable, either in Law or Equity in their own Persons and Estates, to any Action for any thing done by them in the management of that their Trust; For if they were, it is not reasonable to be supposed, that any one would take upon him such an Employment, where the Hazzard of any Miscarriage should be his; and the profit arising by such success, should accrue to the Joint Stock. Besides the Court of Committees consisteth of divers Men, chosen some one year, and some another; so that after that rate, those who came in one year, may thereby be answerable for the mismanagement of those, who were in before; a thing altogether unjust and unreasonable: Nor is it to be supposed, that those who are the Erecters of this new Joint Stock, would themselves think this reasonable to be one of the terms of its Constitution: That their Committees chosen for its management, should be liable in their own Persons and Estates, to answer for all Miscarriages which should accrue to it, during the time of their being of the same; For if they had, they whould have certainly put it in, as as one of their terms in their Preamble, which they have no ways done. The next thing observable in their Preamble is, That they would have the Parliament to enact, That the present Stock should defray the Charge of making Peace with the said Indian Princes: And certain it is, That no one who ever desired Peace in India, as they seem to pretend to, took such a preposterous way to the attainment of it: Can it otherwise be believed. Then that those Indian Princes (if they should once come to the Knowledge, of such an Obligation laid upon the Company, to buy their Peace with them,) would set a vast Price upon it? They are little acquainted with India, and the avaricious temper of their Princes in general, that think otherways. And the present Stock, and their new Stock added to it, would not be able to buy a Peace with them; they knowing (as certainly they would even by the Information, of some of the new Company,) that the Company were previously obliged to purchase it of them; nor could they have taken a more certain way to prevent it, than they have done by publishing such a Proposition to the World: And it is to be wished, That the publishing such a Notion, though it never take effect, do not become a great obstruction to the making of it, or if already made, be not an encouragement to the Moors to break it. It is certain, Thta no Persons have greater reason to desire a Peace in India,) as whose Interest doth more lead them to it,) than the present Company: And it is as certain, That they will do what becometh Prudent Men and Persons so much concerned for the attainment of it, even to the parting with much of their right: But the quickest and most effectual way for the obtaining such a Blessing, is, That the present Company be supported, and not discountenanced by the present Government; for without that, all their Endeavours will prove ineffectual. What remaineth in the Preamble, relateth more immediately to their own New Establishment; in which, Tho' many things may justly be objected against, yet not concerning the present Company, cometh not within the intention of this Discourse; Only the design of their whole Project, by its several Circumstances, may clearly appear to all such, as shall but seriously consider it, to be, to oblige the Parliament, as much as in them lay, by the Encouragement of a New Subscription to destroy the present Company, otherways their Subscriptions would not have been so conditionally annexed to Terms; which they themselves could not expect, That the Wisdom and Justice of the Nation assembled in Parliament, would ever assent to: And so at the same time, they hoped to attain their End; which was to to prejudice the present Company, without running any Hazzard of parting with their Money: But the present Company have other Thoughts of the Wisdom of the Nation, assembled in Parliament: And as they have, so they will always be ready to submit themselves to the Wisdom and Justice of that August Assembly; not doubting, but when they come to weigh things seriously in their Debates, they shall receive such Encouragement from them, as the necessity of preserving so Important a Trade to the Nation, doth require. FINIS.