OUR SOVERAIGN LORD, taking into his Consideration, That by an Act past in this present Parliament, Intituled Act for Encouraging of Forreign Trade, His Majesty, for the Improvement thereof, did, with Advice and Consent of the Estates of Parliament, Statute and Declare, That Merchants, more or fewer may Contract, and enter into such Societies and Companies, for carrying on a Trade, as to any Subject of Goods or Merchandise, to whatsoever Kingdoms, Countries or Parts of the World, not being in War with his Majesty, where Trade is in use to be or may be followed, and par­ticularly beside the Kingdoms and Countries of EUROPE, to the East and West Indies, the Straits, and to trade in the Mediterranian, or upon the Coast of Africa, or in the Northern Parts or else where as above: which Societies and Companies, being Contracted and Entered into, upon the Terms, and in the usual manner, as such Companies are set up, and in use in other Parts, consistent always with the Laws of this Kingdom, His Majesty, with Consent foresaid, did allow and approve giving and granting to them, and each of them, all Powers, Rights and Priviledges, as to their Persons, Rules and Orders, that by the Laws are given to Companies, allowed to be Erected for Manufactories; And his Majesty, for their greater Encouragement did promise to give to these Companies, and each of them, his Letters Patent under the Great Seal, Confirming the whole foresaid Powers and Priviledges, with what other Encouragements His Majesty should judge needful, as the foresaid Act of Parliament at more length bears

And His Majesty understanding, That several Persons, as well Forreigners as Natives of this Kingdom, are willing to engage themselves, with great sums of Money, in an American, African, and Indian Trade, to be exercised in, and from this Kingdom, if inabled and encou­raged thereinto by the Concessions, Powers and Priviledges needful and usual in such Cases.

Therefore, and in pursuance of the foresaid Act of Parliament, His Majesty, with Advice and Consent of the said Estates of Parliament, Do hereby make and Constitute [...] with such others as shal join with them within the space of [...] after the date hereof, and all other whom the foresaid Persons, or Major part of them being assembled, shal admit and join into these [Page 2]their joint Stock and Trade, to be one Body Incorporat, and a free Corporation, with per­petual Succession, by the Name of, The Company of Scotland, Trading to Africk and the Indies.

With Power to the said Company, to have a common Seal, and to alter and renew the same at their pleasure: As also to plead and sue, and be sued, and to purchase, acquire, possess and enjoy Lordships, Lands, Tenements, or other Estate, real or personal, of whatso­ever Nature or Quality; And to dispose upon, and alienat the same, or any part thereof at their pleasure, and that by Transferrs and Assigments, made and entered in their Books and Records, without any other formality of Law: Providing always, that the foresaid Trans­ferrs and Conveyances; as to Lands and other real Estate, (when made of these only, and a part) be perfeited according to the Laws of the Kingdom anent the Conveyance of Lands and Real Rights.

With Power likewise to the foresaid Company, by Subscriptions or otherwise, as they shal see meet, to raise a joint Stock or Capital Fond of such a sum or sums of Money, and under and subject unto such Rules, Conditions, and Qualifications as by the foresaid Persons or Com­pany, and Major Part of them when assembled, shal be limited and appointed to begin, carry on, and support their intended Trade and Navigation, and what ever may contribute to the Advancement thereof.

And it is hereby Declared, That the said joint Stock or Capital Fond, or any Estate, Re­all or Personal, Ships, Goods, or other Effects off, or belonging to the said Company shall not be lyable unto any manner of Confiscation, Seizure, Forefeiture, Attachment, Arreast or Restraint, for and by Reason of any Embargo, Breach of the Peace, Letters of Mark or Reprizeal, Declaration of War with any Forreign Prince, Potentate or State, or upon any o­ther Account or Pretence whatsoever, but shal only be transferrable, assignable or alienable, in such way and manner, and in such Parts and Proportions, and under such Restrictions, Rules and Conditions as the said Company shal by Writing in, and upon their Books, Records and Registers direct and appoint, and these Transferrs and Assignments only, and no other shal convoy the Right and Property, in, and to the said joint Stock, and Capital Fond, and Ef­fects thereof above mentioned, or any part of the same, excepting always as is above excep­ted; And that the Creditors of any particular Member of the Company, may by their Real Diligence affect the share of the Profit, falling and pertaining to the Debitor, without having any farder Right or Power of the Debitors Part and Interest in the Stock, or Capital Fond, otherways than is above appointed, and the Books, Records, and Registers of the said Com­pany, or Authentick Abstracts or Extracts out of the same, are hereby declared to be good and sufficient for Evidence in all Courts of Judicature, and else-where.

And His Majestie with Advice foresaid, farder Statutes and Declares, that the said [...] and others to be joyned with, assumed by them in manner above-mentioned, and their Successors, or major part of them Assembled in the said Company, shall and may in all time-coming by the plurality of Votes, Agree, Make, Constitute and Ordain all such other Rules, Ordinances and Constitutions, as may be needful for the better Go­vernment and Improvement of their Joynt Stock, or Capital Fond, in all matters and things relating thereunto; To which Rules, Orders and Constitutions, the same being consistent mith, and no ways contrary to the Laws of the Kingdom, all persons belonging to the said Company, as well Directors as Members thereof, Governours or other Officers Civil or Mi­litary, or others whatsoever shall be subject, and thereby concluded.

And the said Company is hereby impowered to equipp, fit, set out, fraught and Navigat their own, or hired Ships in such manner as they shall think fit; and that notwithstanding the Act of Parliament 1661, Intituled, Act for encourageing Shipping and Navigation, wherewith His Majesty with Consent foresaid, Dispenses in favours of the said Company, & that from any of the parts or places of this Kingdom, or from any other parts or places in Amity, or not in Hostility with His Majesty, in Warlike or other manner; to any Lands, Islands, Countries or pla­ces in Asia, Africa or America: and there to Plant Colonies, Build Cities, Towns or Forts, in or upon the places not Inhabited, or in or upon any other place by consent of the Natives and Inhabitants, and not possest by any European, Soveraign, Potentat Prince or State; and to provide and furnish the foresaid Places, Cities, Towns or Forts, with Magazines, Ord­nances, Arms, Weapons, Ammunition and Stores of War: and by Force of Arms to de­fend their Trade and Navigation, Colonies, Cities, Towns, Forts and Plantations, and other ther Effects whatsoever. As also to make Reprisals, and to seek and take Reparation of Dam­nage, done by Sea or by Land, and to make and conclude Treaties of Peace, and Com­merce with the Soveraigns, Princes, Estates, Rulers, Governours or Proprietars of the a­foresaid Lands, Islands, Countries or Places in Asia▪ Africa or America.

And His Majesty with Consent foresaid, doth furder Statut and Ordain, that none of the Leidges of this Kingdom, shall or may Trade, or Navigat to any Lands, Islands, Countries, or Places in Asia, Africa or America, for and during the space of twenty one Years, to be accompted from the passing of this present Act, without License and Permission in Writing from the the said Company: Certifying all such as shall do in the contrary hereof, that they shall Forfeit and Amit the third part of the Ship or Ships, and of the Cargoe or Cargoes there­in employed, or the Value thereof; whereof the one half to His Majesty as Escheat, and the other half to the use and benefit of the said Company: excepting always, and without Pre­judice to any of the Subjects of this Kingdom, to Trade and Navigat to any part of America, where the Colonies, Plantations or Possessions of the said Company shall not be settled.

And it is furder hereby Enacted, that the said Company shall have the Free and absolute Right and Property, only Releving and Holding of His Majesty and His Successors in So­veraignty, for the only Acknowledgement of their Allegiance in and to all such Lands, Islands, Colonies, Cities, Towns, Forts and Plantations that they shall come to Establish, or Pos­sess in manner foresaid. As also, to all manner of Treasures, Wealths, Riches, Profits, Mines, Minerals, Fishings, with the whole Product and Benefit thereof, as well under as above the Ground, and as well in Rivers and Seas, as in the Lands thereto belonging: or from or by reason of the same in any sort, together with the Right of the Government and Admirali­ty thereof. And that the said Company may by Vertue hereof, Grant and Delegat such Rights, Properties, Powers and Immunities, and permit and allow such sort of Trade, Commerce and Navigation unto their Plantations, Colonies, Cities, Towns or Places of their Possession, as the said Company from time to time shall judge meet and convenient.

With power to them, to Impose and Exact such Customs and other Duties upon, and from themselves and others Trading with, and coming to the said Plantations, Cities, Towns and Places, and Ports and Harbours thereof. as the Company shall think needful for the Maintain­ance and other publick Uses of the same. Holding always, and to hold the whole Premisses of His Majesty, and His Successors Kings of Scotland, as Soveraigns thereof. And paying on­ly for the same, their Acknowledgement and Allegiance for all other Duty, Claim or De­mand whatsoever.

With power and liberty to the said Company, to Treat for, and to procure and purchase such Rights, Liberties, Priviledges, Exemptions and other Grants, as may be convenient for Supporting, Promoting and Enlarging their Trade and Navigation, from any Forreign Poten­tat or Prince whatsoever, in Amity with His Majesty. For which, the General Treaties of Peace and Commerce, betwixt His Majesty and such Potentates, Princes or States, shall serve for sufficient Security, Warrand and Authority: and if contrary to the said Rights, Lights, Liberties, Priviledges, Exemptions, Grants or Agreements; any of the Ships, Goods, Mer­chandise, Persons, or other Effects whatsoever belonging to the said Company, shall be stopt, detained, Imbazelled, or away taken, or in any sort prejudged or damnified, His Majesty promisses to Interpose His Authority, to have Restitution, Reparation, and Satisfaction made for the Damage done, and that upon the publick Charge which His Majesty shall cause Deburse and lay out for that Effect.

And furder, it is hereby Statute, That all Ships, Vessels, Merchandize, Goods and other Effects whatsoever belonging to the said Company, shall be free of all manners of Restraints or Prohibitions, and of all Customs, Taxes, Cesses, Supplies, or other Duties imposed, or to be imposed by Act of Parliament, or otherwise, for and during the said space of twenty and one Years, excepting always the whole Duties of Tobacco and Sugar, that are not of the Growth of the Plantations of the said Company.

And farder, It is hereby Enacted, that the said Company by Commission under their Com­mon Seal or other ways as they shall appoint, may make and constitute all and every their Directors, Governors, Commanders in Chief, and other Officers Civil or Military by Sea or by Land; As likewise, that the said Company may Inlist, Inroll, Hire and Retain all such Persons Subjects of this Kingdom, or others whatsoever as shall be willing and consent to en­ter into their Service or Pay, providing always that they uplift or Levy none within this King­dom to be Soldiers, without Leave and Warrand first obtained from His Majesty, or the Lords of His Privy Council, over which, Directors, Governours, Commanders in Chief, and other Officers Civil and Military, and others whatsoever in their Service and Pay, the Company shall have the Power, Command, and Disposition both by Sea and Land.

And it is farder Statute, that no Officer Civil or Military, or other person whatsoever within this Kingdom, shall impress, Intertain, Stop or Detain any of the Members, Officers, Servants, or others whatsoever of, or belonging to the said Company; And in case the said [Page 4]Company their Officers or Agents shall find or understand any of the Members, Officers, Ser­vants, or others foresaids to be Impressed, Stopped or Detained, they are hereby Authoriz­ed and allowed to toke hold off, and release the foresaid Person imprest or stopt in any part of this Kingdom, either by Land or Water, and all Magistrats and others His Majesties Officers, Civil and Military, and all others, are hereby required in their respective Stations, to be aiding and assisting to the said Company, unde the pain of being lyable to all the Loss, Damage and Detriment of the said Company, by reason of the foresaid persons their neglect.

And farder, that the said Company, whole Members, Officers, Servants, or others be­longing thereto, shall be free both in their Persons, Estate and Goods imployed in the said Stock and Trade, from all manner of Taxes, Cesses, Supplies, Excises, Quartering of Soldiers Transient or Local, or Leveying of Soldiers, or other Imposition whatsoever, and that for and during the space of [...] years.

And lastly, all persons concerned or to be concerned in this Company, are hereby decla­red to be free Denizons of this Kingdom, and that they withal that shall settle to inhabite, or be born in any of the foresaids Plantations, Collonies, Cities, Towns, Factories, and o­ther places that shall be purchased and possest by the said Company, shall be repute as Natives of this Kingdom, and have the Priviledge thereof.

And generally without prejudice of the Specialities foresaid, His Majestie with Consent foresaid, Gives and Grants to the said Company, all Powers, Rights and Priviledges as to their Persons, Rules, Orders, Estates, Goods and Effects whatsoever, that by the Laws are given to Companies, allowed to be Erected for Manufactories, or that are usually given in any other Civil Kingdom or Common-wealth, to any Company there Erected for Trade and Commerce.

And for the better Establishment and greater Solemnity of this Act and gift in favours of the said Company; His Majesty doth farder Ordain Letters patent to be expede hereupon, con­taining the whole Premisses under the Great Seal of this Kingdom; For doing whereof per saltum, thir presents shall be a sufficient Warrand both to the Director and the Chancellor or Keeper of the Great Seal, as use is in the like Cases.