AND FURTHER WE will and grant and by these presents for us our heirs
and Successors unto the said Governor and Company of Adventurers of England
trading into Hudson's Bay and their Successors That they or the greater
part of them whereof the Governor for the Time being or his Deputy to be
one from time to time and at all times hereafter shall and may have authority
and power yearly and every year the first and last day of November to assemble
and meet together in some convenient place to be appointed from time to
time by the Governor or in his absence by the Deputy of the said Governor
for the time being And that they being so assembled it shall and may be
lawful to and for the said Governor or Deputy of the said Governor and the
said Company for the time being or the greater part of them which then shall
happen to be present whereof the Governor of the said Company or his Deputy
for the time being to be one to elect and nominate one of the said Company
which shall be Governor of the same Company for one whole year then next
following which person being so elected and nominated to be Governor of
the said Company as is aforesaid before he be admitted to the Execution
of the said Office shall take a Corporal Oath before the last Governor being
his Predecessor or his Deputy and any three or more of the Committee of
the said Company for the time being that he shall from time to time well
and truly execute the Office of Governor of the said Company in all things
concerning the same and that Immediately after the same Oath so taken he
shall and may execute and use the said Office of Governor of the said Company
for one whole year from thence next following and in like sort We will and
grant that as well every one of the above named to be of the said Company
or fellowship as all other hereafter to be admitted or free of the said
Company shall take a Corporal Oath before the Governor of the said Company
or his Deputy for the time being to such effect as by the said Governor
and Company or the greater part of them in any public Court to be held for
the said Company shall be in reasonable and legal manner set down and devised
before they shall be allowed or admitted to Trade or traffic as a freeman
of the said Company
AND FURTHER WE WILL and grant by these presents for us our heirs and successors
unto the said Governor and Company and their successors that the said Governor
or Deputy Governor and the rest of the said company and their successors
for the time being or the greater part of them whereof the Governor or the
Deputy Governor from time to time to be one shall and may from time to time
and at all times hereafter have power and authority yearly and every year
between the first and last day of November to assemble and meet together
in some convenient place from time to time to be appointed by the said Governor
of the said Company or in his absence by his Deputy and that they being
so assembled it shall and may be lawful to and for the said Governor or
his Deputy and the Company for the time being or the greater part of them
which then shall happen to be present whereof the Governor of the said Company
or his Deputy for the time being to be one to elect and nominate seven of
the said Company which shall be a Committee of the said Company for one
whole year from thence next ensuing which persons being so elected and nominated
to be a Committee of the said Company as aforesaid before they be admitted
to the execution of their Office shall take a Corporal Oath before the Governor
or his Deputy and any three or more of the said Committee of the said Company
being their last Predecessors and that they and every of them shall well
and faithfully perform their said Office of Committees in all things concerning
the same And that immediately after the said Oath so taken they shall and
may execute and sue their said Office of Committees of the said Company
for one whole year from thence next following
AND MOREOVER Our will and pleasure is And by these presents for us our heirs
and successors WE DO GRANT unto the said Governor and Company and their
successors that when and as often as it shall happen the Governor or Deputy
Governor of the said Company for the time being at any time within one year
after that he shall be nominated elected and sworn to the Office of the
Governor of the said Company as is aforesaid to dye or to be removed from
the said Office which Governor or Deputy Governor not demeaning himself
well in his said Office WE WILL to be removable at the Pleasure of the rest
of the said Company or the greater part of them which shall be present at
their public assemblies commonly called their General Courts holden for
the said Company that then and so often it shall and may be lawful to and
for the Residue of the said Company for the time being or the greater part
of them within convenient time after the death or removing of any such Governor
or Deputy Governor to assemble themselves in such convenient place as they
shall think fit for the election of the Governor or Deputy Governor of the
said Company and that the said Company or the greater part of them being
then and there present shall and may then and there before their departure
from the said place elect and nominate one other of the said Company to
be Governor or Deputy Governor for the said Company in the place and stead
of him that so dyed or was removed which person being so elected and nominated
to the Office of Governor of Deputy Governor of the said Company shall have
and exercise the said Office for and during the residue of the said year
taking first a Corporal Oath as is aforesaid for the due execution thereof
And this to be done from time to time so often as the case shall so require
AND ALSO Our Will and Pleasure is and by these presents for us our heirs
and successors WE DO grant unto the said Governor and Company that when
and as often as it shall happen any person or persons of the Committee of
the said Company for the time being at any time within one year next after
that they or any of them shall be nominated elected and sworn to the Office
of Committee of the said Company as is aforesaid to dye or to be removed
from the said Office which Committees not demeaning themselves well in their
said Office We will to be removable at the pleasure of the said Governor
and Company or the greater part of them whereof the Governor of the said
Company for the time being or his Deputy to be one that then and so often
it shall and may be lawful to and for the said Governor and the rest of
the Company for the time being or the greater part of them whereof the Governor
for the time being or his Deputy to be one within convenient time after
the death or removing of any of the said Committee to assemble themselves
in such convenient place as is or shall be usual and accustomed for the
election of the Governor of the said Company or where else the Governor
of the said Company for the time being or his Deputy shall appoint And that
the said Governor and Company or the greater part of them whereof the Governor
for the time being or his Deputy to be one being then and there present
shall and may then and there before their Departure from the said place
elect and nominate one or more of the said Company to be of the Committee
of the said Company in the place and stead of him or them that so died or
were or was so removed which person or persons so elected and nominated
to the Office of Committee of the said Company shall have and exercise the
said Office for and during the residue of the said year taking first a Corporal
Oath as is aforesaid for the due execution thereof and this to be done from
time to time so often as the case shall require And to the end the said
Governor and Company of Adventurers of England Trading into Hudson's Bay
may be encouraged to undertake and effectually to prosecute the said design
of our more especial grace certain knowledge and mere Motion WE HAVE given
granted and confirmed And by these presents for us our heirs and successors
DO give grant and confirm unto the said Governor and Company and their successors
the sole Trade and Commerce of all those Seas Straits Bays Rivers Lakes
Creeks and in whatsoever Latitude they shall be that lie within the entrance
of the Straits commonly called Hudson's Straits together with all the Lands
and Territories upon the Countries Coasts and confines of the Seas Bays
Lakes Rivers Creeks and aforesaid that are not already actually possessed
by or granted to any of our Subjects or possessed by the Subjects of any
other Christian Prince or State with the Fishing of all Sorts of Fish Whales
Sturgeons and all other Royal Fishes in the Seas Bays Islets and Rivers
within the premises and the Fish therein taken together with the Royalty
of the Sea upon the Coasts with the Limits aforesaid and all Mines Royal
as well discovered as not discovered of Gold Silver Gems and precious Stones
to be found or discovered within the Territories Limits and Places aforesaid
And that the said Land be from henceforth reckoned and reputed as one of
our Plantations or Colonies in America called Rupert's Land.
AND FURTHER WE DO by these presents for us our heirs and successors make
create and constitute the said Governor and Company for the time being and
their successors the true and absolute Lords and Proprietors of the same
Territory limits and places aforesaid And of all other the premises SAVING
ALWAYS the faith Allegiance and Sovereign Dominion due to us our heirs and
successors for the same TO HAVE HOLD possess and enjoy the said Territory
limits and places and all and singular other the premises hereby granted
as aforesaid with their and every of their Rights Members Jurisdictions
Prerogatives Royalties and Appurtenances whatsoever to them the said Governor
and Company and their Successors for ever TO BE HOLDEN of us our heirs and
successors as of our Manor of East Greenwich in our Country of Kent in free
and common Socage and not in Capite or by Knights Service YIELDING AND PAYING
yearly to us our heirs and Successors for the same two Elks and two Black
beavers whensoever and as often as We our heirs and successors shall happen
to enter into the said Countries Territories and Regions hereby granted.
AND FURTHER our will and pleasure is And by these presents for us our heirs
and successors WE DO grant unto the said Governor and Company and to their
successors that it shall and may be lawful to and for the said Governor
and Company and their successors from time to time to assemble themselves
for or about any the matters causes affairs or businesses of the said Trade
in any place or places for the same convenient within our Dominions or elsewhere
and there to hold Court for the said Company and the affairs thereof And
that also it shall and may be lawful to and for them and the greater part
of them being so assembled and that shall then and there be present in any
such place or places whereof the Governor or his Deputy for the time being
to be one to make ordain and constitute such and so many reasonable Laws
Constitutions Orders and Ordinances as to them or the greater part of them
being then and there present shall seem necessary and convenient for the
good Government of the said Company and of all Governors of Colonies Fortes
and Plantations Factors Masters Mariners and other Officers employed or
to be employed in any of the Territories and Lands aforesaid and in any
of their Voyages and for the better advancement and continuance of the said
Trade or Traffic and Plantations and the same Laws Constitutions Orders
and Ordinances so made to put in use and execute accordingly and at their
pleasure to revoke and alter the same or any of them as the occasion shall
require And that the said Governor and Company so often as they shall make
ordain or establish any such Laws Constitutions Orders and Ordinances in
such form as aforesaid shall and may lawfully impose ordain limit and provide
such pains penalties and punishments upon all Offenders contrary to such
Laws Constitutions Orders and Ordinances or any of them as to the said Governor
and Company for the time being or the greater part of them then and there
being present the said Governor or his Deputy being always one shall seem
necessary requisite or convenient for the observation of the same Laws Constitutions
Orders and Ordinances And the same Fines and Amerciaments shall and may
by their Officers and Servants from time to time to be appointed for that
purpose levy take and have to the use of the said Governor and Company and
their successors without the impediment of us our heirs or successors or
of any the Officers or Ministers of us our heirs or successors and without
any account therefore to us our heirs or successors to be made All and singular
which Laws Constitutions Orders and Ordinances so as aforesaid to be made
WE WILL to be duly observed and kept under the pains and penalties therein
to be contained so always as the said Laws Constitutions Orders and Ordinances
Fines and Amerciaments be reasonable and not contrary or repugnant but as
near as may be agreeable to the Laws Statutes or of this our Realm.
AND FURTHERMORE of our ample and abundant grace certain knowledge and mere
motion WE HAVE granted and by these presents for us our heirs and successors
do grant unto the said Governor and Company and their Successors That they
and their Successors and their Factors Servants and Agents for them and
on their behalf and not otherwise shall for ever hereafter have use and
enjoy not only the whole Entire and only Trade and Traffic and the whole
entire and only liberty use and privilege of trading and Trafficking to
and from the Territory Limits and places aforesaid but also the whole and
entire Trade and Traffic to and from all Havens Bays Creeks Rivers Lakes
and Seas into which they shall find entrance or passage by water or Land
out of the Territories Limits or places aforesaid and to and with all the
Natives and People Inhabiting or which shall inhabit within the Territories
Limits and places aforesaid and to and with all other Nations Inhabiting
any of the Coasts adjacent to the said Territories Limits and places which
are not already possessed as aforesaid or whereof the sole liberty or privilege
of Trade and Traffic is not granted to any other of our Subjects
AND WE of our further Royal favour And of our more especial grace certain
knowledge and mere Motion HAVE granted and by these presents for us our
heirs and Successors DO grant to the said Governor and Company and to their
Successors That neither the said Territories Limits and places hereby Granted
as aforesaid nor any part thereof nor the islands Havens Ports Cities Towns
or places thereof or therein contained shall be visited frequented or haunted
by any of the Subjects of us our heirs or successors contrary to the true
meaning of these presents and by virtue of our Prerogative Royal which We
will not have in that behalf argued or brought into Question WE STRAIGHTLY
Charge Command and prohibit for us our heirs and Successors all the of us
our heirs and Successors of what degree or Quality soever they be that none
of them directly or indirectly do visit haunt frequent or Trade Traffic
or Adventure by way of Merchandise into or from any the said Territories
Limits or Places hereby granted or any or either of them other then the
said Governor and Company and such particular persons as now be or hereafter
shall be of that Company their Agents Factors and Assignees unless it be
by the License and agreement of the said Governor and Company in writing
first had and obtained under their Common Seal to be granted upon pain that
every such person or persons that shall Trade or Traffic into or from any
the Countries Territories or Limits aforesaid other then the said Governor
and Company and their Successors shall incur our Indignation and the forfeiture
and the loose of the Goods Merchandises and other things whatsoever which
so shall be brought into this Realm of England or any the Dominions of the
same contrary to our said Prohibition or the purport or true meaning of
these presents for which the said Governor and Company shall finned take
and seize in other places out of our Dominions where the said Company their
Agents Factors or Ministers shall Trade Traffic inhabit by virtue of these
our Letters Patent As also the Ship and Ships with the Furniture thereof
wherein such goods Merchandises and other things shall be brought or found
the one half of all the said Forfeitures to be to us our heirs and successors
and the other half thereof WE DO by these Presents clearly and wholly for
us our heirs and Successors Give and Grant unto the said Governor and Company
and their Successors AND FURTHER all and every the said Offenders for their
said contempt to suffer such other punishment as to us our heirs or Successors
for so high a contempt shall seem meet and convenient and not to be in any
wise delivered until they and every of them shall become bound unto the
said Governor for the time being in the sum of one thousand Pounds at the
least at no time then after to Trade or Traffic into any of the said places
Seas Straits Bays Ports Havens or Territories aforesaid contrary to our
Express Commandment in the behalf herein set down and published
AND FURTHER of our more especial grace WE HAVE condescended and granted
And by these presents for us our heirs and Successors do grant unto the
said Governor and Company and their successors That We our heirs and Successors
will not Grant liberty license or power to any person or persons whatsoever
contrary to the tenor of these our Letters Patent to Trade traffic or inhabit
unto or upon any the Territories limits or places afore specified contrary
to the true meaning of these presents without the consent of the said Governor
and Company or the most part of them AND of our more abundant grace and
favour to the said Governor and Company WE DO hereby declare our will and
pleasure to be that if it shall so happen that any of the persons free or
to be free of the said Company of Adventurers of England Trading into Hudson's
Bay who shall before going forth of any Ship or Ships appointed for A VOYAGE
or otherwise promise or agree by Writing under his or their hands to adventure
any sum or Sums of money towards the furnishing any provision or maintenance
of any voyage or voyages set forth or to be set forth or intended or meant
to be set forth by the said Governor and Company or the more part of them
present at any Public Assembly commonly called their General Court shall
not within the Space of twenty Days next after Warning given to him or them
by the said Governor or Company or their known Officer or Minister bring
in and deliver to the Treasurer or Treasurers appointed for the Company
such sums of money as shall have been expressed and set down in by the said
Person or Persons subscribed with the name of the said Adventurer or Adventurers
that then and at all Times after it shall and may be lawful to and for the
said Governor and Company or the more part of them present WHEREOF the said
Governor or his Deputy to be one at any of their General Courts or General
Assemblies to remove and disfranchise him or them and every such person
and persons at their wills and pleasures and he or they so removed and disfranchised
not to be permitted to trade into the Countries Territories Limits aforesaid
or any part thereof nor to have any Adventure or Stock going or remaining
with or amongst the said Company without the special license of the said
Governor and Company or the more part of them present at any General Court
first had and obtained in that behalf Any thing before in these presents
to the contrary thereof in any wise notwithstanding
AND OUR WILL AND PLEASURE is And hereby We do also ordain that it shall
and may be lawful to and for the said Governor and Company or the greater
part of them whereof the Governor for the time being or his Deputy to be
one to admit into and to be of the said Company all such Servants or Factors
of or for the said Company and all such others as to them or the most part
of them present at any Court held for the said Company the Governor or his
Deputy being one shall be thought fit and agreeable with the Orders and
Ordinances made and to be made for the Government of the said Company
AND FURTHER Our will and pleasure is And by these presents for us our heirs
and Successors WE DO grant unto the said Governor and Company and to their
Successors that it shall and may be lawful in all Elections and By-Laws
to be made by the General Court of the Adventurers of the said Company that
every person shall have a number of votes according to his Stock that is
to say for every hundred pounds by him subscribed or brought into the present
Stock one vote and that any of these that have Subscribed less than one
hundred pounds may join their respective sums to make up one hundred pounds
and have one vote jointly for the same and not otherwise
AND FURTHER of our especial grace certain knowledge and mere motion WE DO
for us our heirs and successors grant to and with the said Governor and
Company of Adventurers of England Trading into Hudson's Bay that all Lands
Islands Territories Plantations Forts Fortifications Factories or Colonies
where the said Companies Factories and Trade are or shall be within any
the Ports and places afore limited shall be immediately and from henceforth
under the power and command of the said Governor and Company their Successors
and Assignees SAVING the faith and Allegiance due to be performed to us
our heirs and successors as aforesaid and that the said Governor and Company
shall have liberty full Power and authority to appoint and establish Governors
and all other Officers to govern them And that the Governor and his Council
of the several and respective places where the said Company shall have Plantations
Forts Factories Colonies or Places of Trade within any of the Countries
Lands or Territories hereby granted may have power to judge all persons
belonging to the said Governor and Company or that shall live under them
in all Causes whether Civil or Criminal according to the Laws of this Kingdom
and to execute Justice accordingly And in case any crime or misdemeanor
shall be committed in any of the said Companies Plantations Forts Factories
or Places of Trade within the Limits aforesaid where Judicature cannot be
executed for want of a Governor and Council there then in such case it shall
and may be lawful for the chief Factor of that place and his Council to
the party together with the offence to such other Placation Factory or Fort
where there shall be a Governor and Council where Justice may be executed
or into this Kingdom of England as shall be thought most convenient there
to receive such punishment as the nature of his offence shall deserve
AND MOREOVER Our will and pleasure is And by these presents for us our heirs
and Successors WE DO GIVE and grant unto the said Governor and Company and
their Successors free Liberty and License in case they conceive it necessary
to send either Ships of War Men or Ammunition unto any their Plantations
Forts Factories or Places of Trade aforesaid for the security and defence
of the same and to choose Commanders and Officers over them and to give
them power and authority by Commission under their Common Seal or otherwise
to continue or make peace or War with any Prince or People whatsoever that
are not Christians in any places where the said Company shall have any Plantations
Forts or Factories or adjacent thereunto as shall be most for the advantage
and benefit of the said Governor and Company and of their Trade and also
to right and recompense themselves upon the Goods Estates or people of those
parts by whom the said Governor and Company shall sustain any injury loss
or damage or upon any other People whatsoever that shall any way contrary
to the intent of these presents interrupt wrong or injure them in their
said Trade within the said places Territories and Limits granted by this
Charter and that it shall and may be lawful to and for the said Governor
and Company and their Successors from time to time and at all times from
henceforth to Erect and build such Castles Fortifications Forts Garrisons
Colonies Plantations Towns or Villages in any parts or places within the
Limits and Bounds granted before in these presents unto the said Governor
and Company as they in their Discretions shall think fit and requisite and
for the supply of such as shall be needful and convenient to keep and be
in the same to send out of this Kingdom to the said Castles Forts Fortifications
Garrisons Colonies Plantations Towns or Villages all of Clothing Provision
of Victuals Ammunition and Implements necessary for such purpose paying
the Duties and Customs for the same As also to transport and carry over
such number of Men being willing thereunto or not prohibited as they shall
think fit and also to govern them in such legal and reasonable manner as
the said Governor and Company shall think best and to inflict punishment
for misdemeanors or impose such Fines upon them for breach of their Orders
as in these Presents are formerly expressed
AND FURTHER Our will and pleasure is And by these presents for us our heirs
and Successors WE DO grant unto the said Governor and Company and to their
Successors full Power and lawful authority to seize upon the Persons of
all such English or any other of our Subjects which shall sail into Hudson's
Bay or Inhabit in any of the Countries Islands or Territories hereby Granted
to the said Governor and Company without their leave and Licence in that
Behalf first had and obtained or that shall contemn or disobey their Orders
and send them to England and that all and every Person and Persons being
our Subjects any ways Employed by the said Governor and Company within any
the Parts places and Limits aforesaid shall be liable unto and suffer such
punishment for any Offences by them committed in the Parts aforesaid as
the President and Council for the said Governor and Company there shall
think fit and the merit of the offence shall require as aforesaid. And in
case any Person or Persons being convicted and Sentenced by the President
and Council of the said Governor and Company in the Countries Lands or Limits
aforesaid their Factors or Agents there for any Offence by them done shall
appeal from the same That then and in such Case it shall and may be lawful
to and for the said President and Council Factors or Agents to seize upon
him or them and to carry him or them home Prisoners into England to the
said Governor and Company there to receive such condign punishment as his
Cause shall require and the Law of this Nation allow of and for the better
discovery of abuses and injuries to be done unto the said Governor and Company
or their Successors by any Servant by them to be employed in the said Voyages
and Plantations it shall and may be lawful to and for the said Governor
and Company and their respective Presidents Chief Agent or Governor in the
parts aforesaid to examine upon Oath all Factors Masters Pursers Supra Cargoes
Commanders of Castles Forts Fortifications Plantations or Colonies or other
Persons touching or concerning any matter or thing in which by Law or usage
an Oath may be administered so as the said Oath and the matter therein contained
be not repugnant but agreeable to the Laws of this Realm
AND WE DO hereby straightly charge and Command all and singular our Admirals
Vice-Admirals Justices Mayors Sheriffs Constables Bailiffs and all and singular
other our Officers Ministers Liege Men and Subjects whatsoever to be aiding
favouring helping and assisting to the said Governor and Company and to
their Successors and to their Deputies Officers Factors Servants Assignees
and Ministers and every of them in executing and enjoying the premises as
well on Land as on Sea from time to time when any of you shall thereunto
be required ANY STATUTE Act Ordinance Proviso Proclamation or restraint
heretofore had made set forth ordained or provided or any other matter cause
or thing whatsoever to the contrary in any wise notwithstanding
IN WITNESS WHEREOF we have caused these our Letters to be made Patented
WITNESS OURSELF at Westminster the second day of May in the two and twentieth
year of our Reign
By Writ of Privy Seal
***
Source: Statutes, Orders in Council &c, relating to the Hudson's Bay
Company (London, 1949).