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| author | Roger Frank <rfrank@pglaf.org> | 2025-10-15 05:27:46 -0700 |
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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/6580.txt b/6580.txt new file mode 100644 index 0000000..6fe47f6 --- /dev/null +++ b/6580.txt @@ -0,0 +1,1308 @@ +The Project Gutenberg EBook of Charter and supplemental charter of the +Hudson's Bay Company, by Hudson's Bay Company + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Charter and supplemental charter of the Hudson's Bay Company + +Author: Hudson's Bay Company + +Posting Date: August 16, 2012 [EBook #6580] +Release Date: September, 2004 +First Posted: December 29, 2002 + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK CHARTER, SUPP. CHARTER OF H.B. CO. *** + + + + +Produced by Sean Barrett, Charles Franks + + + + + + + + + + CHARTER + AND + SUPPLEMENTAL CHARTER + OF THE + HUDSON'S BAY COMPANY + + + + + THE + ROYAL CHARTER + FOR INCORPORATING +THE HUDSON'S BAY COMPANY. + A.D. 1670. + +CHARLES THE SECOND, by the Grace of God, King of England, Scotland, +France, and Ireland, Defender of the Faith, &c. To ALL to whom these +Presents shall come, greeting: WHEREAS Our dear and entirely beloved +Cousin, Prince Rupert, Count Palatine of the Rhine, Duke of Bavaria and +Cumberland, &c. Christopher, Duke of Albemarle, William, Earl of Craven, +Henry, Lord Arlington, Anthony, Lord Ashley, Sir John Robinson, and +Sir Robert Vyner, Knights and Baronets, Sir Peter Colleton, Baronet, +Sir Edward Hungerford, Knight of the Bath, Sir Paul Neele, Knight, +Sir John Griffith and Sir Philip Carteret, Knights, James Hayes, John +Kirke, Francis Millington, William Prettyman, John Fenn, Esquires, +and John Portman, Citizen and Goldsmith of London, have, at their +own great Cost and Charges, undertaken an Expedition for Hudson's Bay +in the North-west Part of America, for the Discovery of a new Passage +into the South Sea, and for the finding some Trade for Furs, Minerals, +and other considerable Commodities, and by such their Undertaking, have +already made such Discoveries as do encourage them to proceed further +in Pursuance of their said Design, by means whereof there may probably +arise very great Advantage to Us and Our Kingdom. AND WHEREAS the said +Undertakers, for their further Encouragement in the said Design, have +humbly besought Us to incorporate them, and grant unto them, and their +Successors, the sole Trade and Commerce of all those Seas, Streights, +Bays, Rivers, Lakes, Creeks, and Sounds, in whatsoever Latitude they +shall be, that lie within the entrance of the Streights commonly +called Hudson's Streights, together with all the Lands, Countries +and Territories, upon the Coasts and Confines of the Seas, Streights, +Bays, Lakes, Rivers, Creeks and Sounds, aforesaid, which are not now +actually possessed by any of our Subjects, or by the Subjects of any +other Christian Prince or State. Now KNOW YE, that We being desirous to +promote all Endeavours tending to the publick Good of our People, and +to encourage the said Undertaking, HAVE of Our especial Grace, certain +Knowledge, and mere Motion, given, granted, ratified, and confirmed, +and by these Presents for Us, Our Heirs and Successors, DO give, grant, +ratify and confirm, unto Our said Cousin Prince Rupert, Christopher, Duke +of Albemarle, William, Earl of Craven, Henry, Lord Arlington, Anthony, +Lord Ashley, Sir John Robinson, Sir Robert Vyner, Sir Peter Colleton, +Sir Edward Hungerford, Sir Paul Neele, Sir John Griffith, and Sir +Philip Carteret, James Hayes, John Kirke, Francis Millington, William +Prettyman, John Fenn, and John Portman, that they, and such others +as shall be admitted into the said Society as is hereafter expressed, +shall be one Body Corporate and Politique, in Deed and in Name, by the +Name of The Governor and Company of Adventurers of England, trading +into Hudson's Bay, and them by the Name of the Governor and Company of +Adventurers of England, trading into Hudson's Bay, one Body Corporate and +Politique, in Deed and in Name, really and fully for ever, for Us, Our +Heirs and Successors, WE DO make ordain, constitute, establish, confirm, +and declare, by these Presents, and that by the same Name of Governor +and Company of Adventurers of England, trading into Hudson's Bay, they +shall have perpetual Succession, and that they and their Successors, +by the name of the Governor and Company of Adventurers of England, +trading into Hudson's Bay, be, and at all Times hereafter shall be, +personable and capable in Law to have, purchase, receive, possess, +enjoy and retain, Lands, Rents, Privileges, Liberties, Jurisdictions, +Franchises, and Hereditaments, of what Kind, Nature or Quality soever +they be, to them and their Successors; and also to give, grant, demise, +alien, assign and dispose Lands, Tenements and Hereditaments, and to +do and execute all and singular other Things by the same Name that to +them shall or may appertain to do. And that they, and their Successors, +by the Name of The Governor and Company of Adventurers of England, +trading into Hudson's Bay, may plead, and be impleaded, answer, and +be answered, defend, and be defended, in whatsoever Courts and Places, +before whatsoever Judges and Justices, and other Persons and Officers, +in all and singular Actions, Pleas, Suits, Quarrels, Causes and Demands, +whatsoever, of whatsoever Kind, Nature or Sort, in such Manner and +Form as any other. Our Liege People of this Our Realm of England, +being Persons able and capable in Law, may, or can have, purchase, +receive, possess, enjoy, retain, give, grant, demise, alien, assign, +dispose, plead, defend, and be defended, do, permit, and execute. And +that the said Governor and Company of Adventurers of England, trading +into Hudson's Bay, and their Successors, may have a Common Seal to +serve for all the Causes and Businesses of them and their Successors, +and that it shall and may be lawful to the said Governor and Company, +and their Successors, the same Seal, from time to time, at their Will +and Pleasure, to break, change, and to make anew, or alter, as to them +shall seem expedient. AND FURTHER WE WILL, and by these Presents for +Us, Our Heirs and Successors, WE DO ordain, that there shall be from +henceforth one of the same Company to be elected and appointed in such +Form as hereafter in these Presents is expressed, which shall be called +The Governor of the said Company. And that the said Governor and Company +shall or may elect Seven of their Number in such Form as hereafter in +these Presents is expressed, which shall be called The Committee of +the said Company, which Committee of Seven, or any Three of them, +together with the Governor or Deputy-Governor of the said Company for +the time being, shall have the Direction of the Voyages of and for +the said Company, and the Provision of the Shipping and Merchandizes +thereunto belonging, and also the Sale of all Merchandizes, Goods, and +other Things returned, in all or any the Voyages or Ships of or for +the said Company, and the managing and handling of all other Business, +Affairs and Things, belonging to the said Company. AND WE WILL, ordain, +and grant by these Presents for Us, Our Heirs and Successors, unto the +said Governor and Company, and their Successors, that they the said +Governor and Company, and their Successors, shall from henceforth for +ever be ruled, ordered and governed, according to such Manner and Form +as is hereafter in these Presents expressed, and not otherwise: And +that they shall have, hold, retain, and enjoy the Grants, Liberties, +Privileges, Jurisdictions and Immunities, only hereafter in these +Presents granted and expressed, and no other. And for the better +Execution of Our Will and Grant in this Behalf, WE HAVE ASSIGNED, +nominated, constituted, and made, and by these Presents for Us, our +Heirs and Successors, WE DO ASSIGN, nominate, constitute and make, +our said Cousin, PRINCE RUPERT, to be the first and present Governor +of the said Company, and to continue in the said Office from the Date +of these Presents until the 10th November then next following, if he, +the said Prince Rupert, shall so long live, and so until a new Governor +be chosen by the said Company in Form hereafter expressed. AND ALSO +WE HAVE assigned, nominated and appointed, and by these Presents for +Us, Our Heirs and Successors, WE DO assign, nominate and constitute, +the said Sir John Robinson, Sir Robert Vyner, Sir Peter Colleton, +James Hayes, John Kirke, Francis Millington, and John Portman, to be +the seven first and present Committees of the said Company, from the +Date of these Presents until the said 10th Day of November then also +next following, and so until new Committees shall be chosen in Form +hereafter expressed. 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 it shall and may be lawful to and for the said +Governor and Company for the Time being, or the greater Part of them +present at any publick Assembly commonly called, The Court General to +be holden for the said Company, the Governor of the said Company being +always one, from time to time to elect, nominate and appoint one of the +said Company to be Deputy to the said Governor; which Deputy shall take +a corporal Oath, before the Governor and three or more of the Committee +of the said Company for the time being, well, truly, and faithfully to +execute his said Office of Deputy to the Governor of the said Company, +and after his Oath so taken, shall and may from time to time, in the +Absence of the said Governor, exercise and execute the Office of +Governor of the said Company, in such Sort as the said Governor ought +to do. AND FURTHER WE WILL and grant 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, between +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 +said 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 others 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 publick 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 traffick 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 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 then 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, 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 use 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 die 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 removeable +at the Pleasure of the rest of the said Company, or the greater Part +of them which shall be present at their publick 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 a +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 died or was removed; +which Person being so elected and nominated to the Office of Governor +or 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 die or to be removed from the said Office, +which Committees not demeaning themselves well in their said Office, We +will, to be removeable 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 nominated and elected 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, the 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, Streights, +Bays, Rivers, Lakes, Creeks, and Sounds, in whatsoever Latitude they +shall be, that lie within the Entrance of the Streights commonly called +Hudson's Streights, together with all the Lands and Territories upon +the Countries, Coasts and Confines of the Seas, Bays, Lakes, Rivers, +Creeks, and Sounds 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, +Inlets, and Rivers within the Premisses, and the Fish therein taken, +together with the Royalty of the Sea upon the Coasts within 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 _Ruperts 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 Premisses, +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 Premisses, 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 County of Kent, in free and +common Soccage, and not in Capite or by Knight's Service; YEILDING 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, Forts 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, Pines and Amerciaments, +be reasonable, and not contrary or repugnant, but as near as may be +agreeable to the Laws, Statutes or Customs 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 Traffick, 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 +Traffick 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 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 Traffick 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 STREIGHTLY charge, command +and prohibit, for Us, Our Heirs and Successors, all the Subjects 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 Merchandize, into, or from +any the said Territories, Limits or Places, hereby granted, or any, +or either of them, other than the said Governor and Company, and such +particular Persons as now be, or hereafter shall be, of that Company, +their Agents, Factors, and Assigns, unless it be by the Licence 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 traffick into or from any +of the Countries, Territories or Limits aforesaid, other than the said +Governor and Company, and their Successors, shall incur our Indignation, +and the Forfeiture, and the Loss of the Goods, Merchandizes, 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 find, take and seize, in other Places out +of our Dominions, where the said Company, their Agents, Factors or +Ministers, shall trade, traffick or inhabit, by Virtue of these Our +Letters Patent, as also the Ship and Ships, with the Furniture thereof, +wherein such Goods, Merchandizes, and other Things, shall be brought and +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 and Successors, for so high +a Contempt, shall seem meet and convenient, and not to be in anywise +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 traffick into any of +the said Places, Seas, Streights, Bays, Ports, Havens or Territories, +aforesaid, contrary to our express Commandment in that Behalf 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, +Licence, or Power, to any Person or Persons whatsoever, contrary to +the Tenor of these Our Letters Patent, to trade, traffick 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 the +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 publick 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 Writing, by the said Person or Persons, +subscribed with the Name of 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, and 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 Licence 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 anywise 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 Bye-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 those 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 Company's Factories and Trade are or shall be, +within any the Ports or Places afore limited, shall be immediately and +from henceforth, under the Power and Command of the said Governor and +Company, their Successors and Assigns; saving the Faith and Allegiance +due to be performed to Us, Our Heirs and Successors 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 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 Company's +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 transmit the +Party, together with the Offence, to such other Plantation, 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 Licence, 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 or 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 Discretion 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 +Kinds of Cloathing, 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 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 License 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 +or Persons, being Our Subjects, any ways employed by the said Governor +and Company, within any of 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 President, Chief +Agent or Governor in the Parts aforesaid, to examine upon Oath all +Factors, Masters, Pursers, Supercargoes, 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 streightly 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, Assigns and Ministers, and every of them, +in executing and enjoying the Premisses, 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 Patent; +WITNESS OURSELF at Westminster, the Second Day of May, in the Two and +Twentieth Year of Our Reign. + +By Writ of Privy Seal, +PIGOTT. + + + + +SUPPLEMENTAL CHARTER, +9th September, 1884. + + +Victoria, by the grace of God of the United Kingdom of Great Britain +and Ireland Queen, Defender of the Faith, Empress of India, to all to +whom these presents shall come, greeting. + +_Whereas by a Royal charter granted on the 2nd day of May in the +two-and-twentieth year of the reign of his late Majesty King Charles +the Second (in this our charter called "the original charter"), a +company was incorporated by the name of "The Governor and Company of +Adventurers of England trading into Hudson's Bay" with a common seal, +for the purpose of trading within the territories mentioned in said +original charter: + +And whereas by the said original charter, after declaring that one of +the Company should be elected in manner thereafter mentioned, to be +called the Governor of the Company, and that the said Governor and +Company should or might elect seven of their members in such form as +thereafter mentioned, to be called the Committee of the Company, which +Committee of seven or any three of them, together with the Governor +or the Deputy-Governor for the time being, should have the general +management of the affairs of the Company, it was declared that the +Governor and Company and their successors should from thenceforth for +ever be ruled, ordered, and governed according to such manner and form +as was thereafter expressed, and not otherwise: + +And whereas by the said original charter, after appointing Prince +Rupert to be the first Governor of the Company, and seven persons to +be the seven first Committees of the Company, it was provided that +it should and might be lawful to or for the said Governor and Company +for the time being or the greater part of them at any public assembly, +commonly called the Court General, to be holden for the said Company, +the Governor of the said Company being always one from time to time, +to elect, nominate, and appoint one of the said Company to be Deputy to +the said Governor, which Deputy should take a corporal oath before the +Governor and three or more of the Committee of the said Company for the +time being, well and truly and faithfully to execute his said office +of Deputy to the Governor of the said Company, and after his oath so +taken should and might from time to time, in the absence of the said +Governor, exercise and execute the office of Governor of the said +Company in such sort as the said Governor ought to do: + +And whereas the said original charter similarly provided for the election +in each and every year between the first and last day of November of one +of the Company to be Governor for one whole year then next following, +and required the Governor or Deputy-Governor for the time being to be +present at each such election, and required the person so elected to +be Governor of the Company, before being admitted to execute his office, +to 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 would well and truly execute the +office of Governor: + +And whereas the said original charter similarly provided for the election +in each and every year between the first and last day of November of +seven of the Company to be a Committee of the Company for one whole year +then next ensuing, and required the Governor or the Deputy-Governor of +the Company for the time being to be present at each, such election, +and required the persons so elected to be a Committee of the Company, +before being admitted to execute their office to take a corporal oath +that they and every of them should well and faithfully perform their +office of Committee. + +And whereas the said original charter similarly provided for the +election of a Governor or a Deputy-Governor of the Company in the +event of the Governor or Deputy-Governor for the time being, at any +time within one year after being elected and sworn to the office of +Governor or Deputy-Governor, dying or being removed from his office +(which Governor or Deputy-Governor not demeaning himself well in his +office was to be removeable at the pleasure of the rest of the Company +or the greater part of them present at a general court), and provided +that the Governor or Deputy-Governor so elected should hold office for +the residue of the said year, and before being admitted to execute his +office should take a corporal oath as aforesaid: + +And whereas the said original charter similarly provided in the event +of any person or persons of the Committee of the Company for the time +being within one year after being elected and sworn to such office +dying or being removed from his or their office (which Committee not +demeaning themselves well in their said office were to be removeable at +the pleasure of the Governor and Company or the greater part of them, +whereof the Governor for the time being, or his deputy should be one), +for the election of one or more of the Company to be of the Committee +in the place of him or them dying or being removed as aforesaid, +and the said original charter provided that the person or persons +so elected should hold office for the residue of the said year, and +before being admitted to execute the office of Committee should take +a corporal oath as aforesaid, and the Governor or the Deputy-Governor +for the time being was required to be present at each such election. + +And whereas by the said original charter the Governor and Company were +empowered to assemble themselves and hold court for the Company and +the affairs thereof, and it was thereby declared that it should be +lawful for them and the greater part of them present at such assembly, +whereof the Governor or his Deputy for the time being should be one, +to make, ordain, and constitute such and so many laws, constitutions, +orders, and ordinances as to them or the greater part of them being there +present should seem necessary and convenient for the good government +of the Company, and at their pleasure to revoke and alter the same or +any of them as the occasion should require: + +And whereas by the said original charter the Governor or Deputy-Governor +for the time being was required to be present at the admission into +the Company of servants, factors, and other persons: + +And whereas by the said original charter it was declared that it should +be lawful in all elections and bye-laws to be made by the general court +of the Adventurers of the said Company, that every person should have +a number of votes according to his stock, that was to say, for every +hundred pounds by him subscribed or brought into the present stock one +vote, and that any of those who had subscribed less than one hundred +pounds might join their respective sums to make up one hundred pounds +and have one vote jointly for the same, and not otherwise: + +And whereas by a deed under the seal of the Company, dated the nineteenth +November, One thousand eight hundred and sixty-nine, certain rights of +government and other rights and privileges granted, by the said original +charter, but not affecting the subject matter of this our charter, +were duly surrendered to Her Majesty, and such surrender was duly +accepted by Her Majesty by an instrument under her sign manual: + +And whereas for many years the capital of the Company has comprised no +stock, but has been and is now divided into shares of equal value, and +it is desirable that the qualification for votes should be changed from +the holding of stock in the Company to the holding of shares therein: + +And whereas many of the provisions contained in the original charter have +been found very inconvenient in practice, and are not in accordance with +the usual provisions regulating the affairs of modern companies, and in +particular the following provisions have been found very inconvenient, +that is to say: the provisions requiring the Governor, Deputy-Governor, +and Committee to be elected every year, and fixing the date of the +election between the first and last day of November; the provisions +requiring the presence of the Governor or Deputy-Governor at the general +courts for the elections of Governors or Members of the Committee, and at +the general courts assembled for the purpose of making bye-laws, and on +other occasions specified in the said original charter; the provisions +requiring a corporal oath to be taken by the Governor, Deputy-Governor, +and Committee, and by certain other persons on certain occasions. + +And whereas, in addition to the above provisions complained of, the +absence of any power in the said original charter enabling the Governor, +Deputy-Governor, or any member of the Committee, to resign office, or +enabling votes to be taken by proxy, and the absence of several other +powers usually given to trading companies for the better regulation +of their internal affairs, has been found in practice to be very +inconvenient and detrimental to the interests of the Company. + +And whereas the Company is desirous that the provisions in the original +charter above complained of should be cancelled or modified, and +has applied to us for a supplemental charter embodying more suitable +provisions._ + +Now know ye that We by these presents do will and ordain that the +several provisions contained in the said original charter relating to +the election to the office of Governor, Deputy-Governor, or Committee, +and to the filling up of any vacancy in any such office, and requiring +corporal oaths to be taken, and the other provisions contained in the +said original charter, shall, so far as they are inconsistent with the +provisions contained in this our charter, on and after the day of the +date of this our charter, cease to be in force and be annulled. + +And We do hereby further will and ordain that, notwithstanding anything +contained in the original charter, the presence of the Governor or +Deputy-Governor at any general court or at any meeting of the Governor, +Deputy-Governor, and Committee (who are hereinafter collectively referred +to as the Board) shall not be essential for the proper holding of such +court or Board meeting, and that nothing done at any general court or +meeting of the Board shall be questioned or disputed on the ground +of the absence of the Governor or Deputy-Governor from such general +court or meeting of the Board, and that in case neither the Governor +nor Deputy-Governor happen to be present at any such general court or +meeting of the Board, at the appointed time for holding such general +court or meeting of the Board, the members of the Committee present or +the major part of them shall nominate and appoint one of themselves +Chairman or President of such court or Board, and that the general +powers of management and other powers given by the said original charter +to any three members of the Committee, together with the Governor or +Deputy-Governor, shall be exerciseable by any four members of the Board, +whether the Governor or Deputy-Governor shall form one of such four or +not. + +And We do hereby further will and ordain that, notwithstanding anything +contained in the original charter, a general court for the Company shall +be held every year at such place and on such day in November or December +as may be appointed by the Board. + +And We do hereby further will and ordain that every question submitted +to a general court shall be decided by a show of hands, unless before +or upon the declaration of the result of the show of hands, a poll is +demanded by at least five members present at such general court, and +holding in the aggregate not less than One hundred shares, and unless +a poll is so demanded a declaration by the Chairman that the motion has +been carried or lost, or carried or lost by a particular majority, shall +be deemed conclusive evidence of the fact without proof of the number or +the proportion of the votes recorded in favour of or against the motion, +and that if a poll is demanded as aforesaid, it shall be taken in such +manner and at such time and place and either at once or after an interval +or adjournment, as the Chairman of the general court directs, and the +result of such poll shall be deemed to be the resolution of the general +court at which the poll was demanded. In case of an equality of votes, +the Chairman shall, whether on a show of hands or at the poll, have a +casting vote in addition to the vote or votes to which he may be entitled +as a member. + +In computing the majority when a poll is demanded, reference shall be +had to the number of votes to which each member is entitled by this our +charter. + +And We do hereby further will and ordain that, notwithstanding anything +contained in the original charter, every member of the Company shall +have one vote for every five shares in the Company held by him, and +that any of those members who hold less than five shares may join their +respective shares, so as to make up five or more shares, and have one +vote jointly for the same; provided nevertheless that no member shall +be entitled to vote, or to join with any other member or members in +making up a joint vote at any general Court in respect of any shares +or share, unless he shall have been the holder of such shares or share +for at least six months prior to such general Court. + +And We do hereby further will and ordain that votes may be given at +every general court either personally or by proxy, but such proxy must +be a proprietor in the Company, and himself entitled to vote, and the +appointment of every such proxy must be in writing and must be in the +form following or to the like effect, that is to say: + + I (or we) appoint ___ my (our) proxy to vote and act for + me (us) and in my (our) name (names) on all questions at + the general court of the Hudson's Bay Company to be held + on the ___ day of ___ and every adjournment thereof whereat + I (we) shall not be present in person. Dated this ___ of ___. + +And We do hereby further will and ordain that the Chairman may, with +the consent of the meeting, adjourn any general court from time to time +and place to place, but that no business shall be transacted at any +adjourned general court other than the business left unfinished at the +general court from which the adjournment took place. + +And We do hereby further will and ordain that, notwithstanding anything +contained in the original charter, the Governor, Deputy-Governor, +and Committeemen shall, after the year One thousand eight hundred +and eighty-four, hold their respective offices subject to retirement +by rotation as hereinafter provided, that is to say, at the general +court to be held in the year One thousand eight hundred and eighty-five, +and at every succeeding general court, three members of the Board shall +retire from office, and that, until all the present Board shall in turn +have retired, the members of the Board to retire shall from time to time +be determined by ballot or otherwise amongst the members of the present +Board, or such of them as for the time being shall not have retired, +but afterwards the members of the Board to retire shall be those who +shall have been longest in office since their last election, and as +between members of the Board of equal seniority the member or members to +retire shall be determined by lot; provided always that the Governor and +Deputy-Governor shall not both retire at the same time, and that in the +ballot for determining who shall retire in the year One thousand eight +hundred and eighty-five, the Governor and Deputy-Governor shall not both +be included, but only one of them, such one to be determined by lot; +and in the event of neither the Governor nor the Deputy-Governor being +selected by ballot to retire in the year One thousand eight hundred and +eighty-five, one of them to be determined by lot shall retire in the +year One thousand eight hundred and eighty-six. And provided always +that a retiring member of the Board shall be eligible for re-election, +and that, if the retiring member be the Governor or Deputy-Governor of +the Company, he shall be eligible for re-election, or any other member of +the Board shall be eligible for election as Governor or Deputy-Governor +respectively; and in the event of any member of the Board being elected to +the office of Governor or Deputy-Governor, in the place of the retiring +Governor or Deputy-Governor such member shall be deemed to have retired +from his former office. + +And We do hereby further will and ordain that, notwithstanding anything +contained in the original charter, the Company at any general court at +which any members of the Board retire in manner aforesaid shall if it be +the turn for the Governor or Deputy-Governor to retire first fill up that +office, and then shall fill up the other vacated offices, including any +office rendered vacant by the election of any member of the Board to the +office of Governor or Deputy-Governor as aforesaid, by electing a like +number of persons to be members of the Board; and that every election or +re-election to the office of Governor, Deputy-Governor, or Committee shall +be conducted in the manner and according to the forms from time to time +to be prescribed by the bye-laws of the Company, and that such notice +of the names of every candidate for election or re-election to any such +office shall be given as may be required by the bye-laws for the time +being in force. + +And We do hereby further will and ordain that notwithstanding anything +contained in the original charter, any member of the Board may at +any time give notice to the Board in writing of his wish to resign, +and on the acceptance of his resignation by the Board, but not before, +his office shall be vacant. + +Nothing in this our charter contained shall affect the power given by the +original charter to the Company to remove any Governor, Deputy-Governor, +or member of the Committee who should not demean himself well in his +respective office. + +And We do hereby further will and ordain that, notwithstanding anything +in the original charter contained, any casual vacancy occurring among +the members of the Board through death, resignation, removal, or other +cause, except the expiration of the period of office, may be filled up by +the Board or the remaining members of the Board, whatever there number +may be, and if the casual vacancy occur in the office of Governor or +Deputy-Governor, such vacancy may be filled by electing any one of the +remaining members of the Board; and if so filled up a casual vacancy shall +be deemed to have occurred in the office of the member of the Board so +elected to the office of Governor or Deputy-Governor; provided always that +any person so chosen to fill up any casual vacancy shall retain his office +until the next general court held for the election of members of the +Board, and at such general court the Company shall either confirm such +person in his office or shall elect some other person to hold such office +in his place, and provided always that the person so chosen and confirmed +as aforesaid or the person elected by the Company in his stead (as the +case may be) shall retain his office so long only as the vacating member +of the Board would have retained the same if no vacancy had occurred, +and provided always that, notwithstanding any vacancy in the Board, +the continuing members of the Board may act so long as there remains +not less than four members of the Board. + +And We do hereby further will and ordain that, notwithstanding anything +contained in the original charter, the corporal oath thereby required to +be taken on the occasions and by the persons therein mentioned shall no +longer be required to be taken by any person on any occasion whatsoever. + +In witness whereof we have caused these our Letters to be made +patent. Witness Ourself at Westminster, the ninth day of September, +in the forty-eighth year of our reign. + +BY WARRANT UNDER THE QUEEN'S SIGN MANUAL. + +PALMER. +[Seal.] + +LONDON: PRINTED BY SIR JOSEPH CAUSTON & SONS +47, EASTCHEAP, E.C. AND 114, SOUTHWARK STREET, S.E. + + + + + + + + + +End of the Project Gutenberg EBook of Charter and supplemental charter of +the Hudson's Bay Company, by Hudson's Bay Company + +*** END OF THIS PROJECT GUTENBERG EBOOK CHARTER, SUPP. CHARTER OF H.B. 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You can also find out about how to make a +donation to Project Gutenberg, and how to get involved. + + +**Welcome To The World of Free Plain Vanilla Electronic Texts** + +**eBooks Readable By Both Humans and By Computers, Since 1971** + +*****These eBooks Were Prepared By Thousands of Volunteers!***** + + +Title: Charter and supplemental charter of the Hudson's Bay Company + +Author: Hudson's Bay Company + +Release Date: September, 2004 [EBook #6580] +[Yes, we are more than one year ahead of schedule] +[This file was first posted on December 29, 2002] + +Edition: 10 + +Language: English + +Character set encoding: ASCII + +*** START OF THE PROJECT GUTENBERG EBOOK CHARTER OF THE HUDSON'S BAY COMPANY *** + + + + +Produced by Sean Barrett, Charles Franks +and the Online Distributed Proofreading Team. + +This file was produced from images generously made available by the +Canadian Institute for Historical Microreproductions. + + + + + + CHARTER + AND + SUPPLEMENTAL CHARTER + OF THE + HUDSON'S BAY COMPANY + + + + + THE + ROYAL CHARTER + FOR INCORPORATING +THE HUDSON'S BAY COMPANY. + A.D. 1670. + +CHARLES THE SECOND, by the Grace of God, King of England, Scotland, +France, and Ireland, Defender of the Faith, &c. To ALL to whom these +Presents shall come, greeting: WHEREAS Our dear and entirely beloved +Cousin, Prince Rupert, Count Palatine of the Rhine, Duke of Bavaria and +Cumberland, &c. Christopher, Duke of Albemarle, William, Earl of Craven, +Henry, Lord Arlington, Anthony, Lord Ashley, Sir John Robinson, and +Sir Robert Vyner, Knights and Baronets, Sir Peter Colleton, Baronet, +Sir Edward Hungerford, Knight of the Bath, Sir Paul Neele, Knight, +Sir John Griffith and Sir Philip Carteret, Knights, James Hayes, John +Kirke, Francis Millington, William Prettyman, John Fenn, Esquires, +and John Portman, Citizen and Goldsmith of London, have, at their +own great Cost and Charges, undertaken an Expedition for Hudson's Bay +in the North-west Part of America, for the Discovery of a new Passage +into the South Sea, and for the finding some Trade for Furs, Minerals, +and other considerable Commodities, and by such their Undertaking, have +already made such Discoveries as do encourage them to proceed further +in Pursuance of their said Design, by means whereof there may probably +arise very great Advantage to Us and Our Kingdom. AND WHEREAS the said +Undertakers, for their further Encouragement in the said Design, have +humbly besought Us to incorporate them, and grant unto them, and their +Successors, the sole Trade and Commerce of all those Seas, Streights, +Bays, Rivers, Lakes, Creeks, and Sounds, in whatsoever Latitude they +shall be, that lie within the entrance of the Streights commonly +called Hudson's Streights, together with all the Lands, Countries +and Territories, upon the Coasts and Confines of the Seas, Streights, +Bays, Lakes, Rivers, Creeks and Sounds, aforesaid, which are not now +actually possessed by any of our Subjects, or by the Subjects of any +other Christian Prince or State. Now KNOW YE, that We being desirous to +promote all Endeavours tending to the publick Good of our People, and +to encourage the said Undertaking, HAVE of Our especial Grace, certain +Knowledge, and mere Motion, given, granted, ratified, and confirmed, +and by these Presents for Us, Our Heirs and Successors, DO give, grant, +ratify and confirm, unto Our said Cousin Prince Rupert, Christopher, Duke +of Albemarle, William, Earl of Craven, Henry, Lord Arlington, Anthony, +Lord Ashley, Sir John Robinson, Sir Robert Vyner, Sir Peter Colleton, +Sir Edward Hungerford, Sir Paul Neele, Sir John Griffith, and Sir +Philip Carteret, James Hayes, John Kirke, Francis Millington, William +Prettyman, John Fenn, and John Portman, that they, and such others +as shall be admitted into the said Society as is hereafter expressed, +shall be one Body Corporate and Politique, in Deed and in Name, by the +Name of The Governor and Company of Adventurers of England, trading +into Hudson's Bay, and them by the Name of the Governor and Company of +Adventurers of England, trading into Hudson's Bay, one Body Corporate and +Politique, in Deed and in Name, really and fully for ever, for Us, Our +Heirs and Successors, WE DO make ordain, constitute, establish, confirm, +and declare, by these Presents, and that by the same Name of Governor +and Company of Adventurers of England, trading into Hudson's Bay, they +shall have perpetual Succession, and that they and their Successors, +by the name of the Governor and Company of Adventurers of England, +trading into Hudson's Bay, be, and at all Times hereafter shall be, +personable and capable in Law to have, purchase, receive, possess, +enjoy and retain, Lands, Rents, Privileges, Liberties, Jurisdictions, +Franchises, and Hereditaments, of what Kind, Nature or Quality soever +they be, to them and their Successors; and also to give, grant, demise, +alien, assign and dispose Lands, Tenements and Hereditaments, and to +do and execute all and singular other Things by the same Name that to +them shall or may appertain to do. And that they, and their Successors, +by the Name of The Governor and Company of Adventurers of England, +trading into Hudson's Bay, may plead, and be impleaded, answer, and +be answered, defend, and be defended, in whatsoever Courts and Places, +before whatsoever Judges and Justices, and other Persons and Officers, +in all and singular Actions, Pleas, Suits, Quarrels, Causes and Demands, +whatsoever, of whatsoever Kind, Nature or Sort, in such Manner and +Form as any other. Our Liege People of this Our Realm of England, +being Persons able and capable in Law, may, or can have, purchase, +receive, possess, enjoy, retain, give, grant, demise, alien, assign, +dispose, plead, defend, and be defended, do, permit, and execute. And +that the said Governor and Company of Adventurers of England, trading +into Hudson's Bay, and their Successors, may have a Common Seal to +serve for all the Causes and Businesses of them and their Successors, +and that it shall and may be lawful to the said Governor and Company, +and their Successors, the same Seal, from time to time, at their Will +and Pleasure, to break, change, and to make anew, or alter, as to them +shall seem expedient. AND FURTHER WE WILL, and by these Presents for +Us, Our Heirs and Successors, WE DO ordain, that there shall be from +henceforth one of the same Company to be elected and appointed in such +Form as hereafter in these Presents is expressed, which shall be called +The Governor of the said Company. And that the said Governor and Company +shall or may elect Seven of their Number in such Form as hereafter in +these Presents is expressed, which shall be called The Committee of +the said Company, which Committee of Seven, or any Three of them, +together with the Governor or Deputy-Governor of the said Company for +the time being, shall have the Direction of the Voyages of and for +the said Company, and the Provision of the Shipping and Merchandizes +thereunto belonging, and also the Sale of all Merchandizes, Goods, and +other Things returned, in all or any the Voyages or Ships of or for +the said Company, and the managing and handling of all other Business, +Affairs and Things, belonging to the said Company. AND WE WILL, ordain, +and grant by these Presents for Us, Our Heirs and Successors, unto the +said Governor and Company, and their Successors, that they the said +Governor and Company, and their Successors, shall from henceforth for +ever be ruled, ordered and governed, according to such Manner and Form +as is hereafter in these Presents expressed, and not otherwise: And +that they shall have, hold, retain, and enjoy the Grants, Liberties, +Privileges, Jurisdictions and Immunities, only hereafter in these +Presents granted and expressed, and no other. And for the better +Execution of Our Will and Grant in this Behalf, WE HAVE ASSIGNED, +nominated, constituted, and made, and by these Presents for Us, our +Heirs and Successors, WE DO ASSIGN, nominate, constitute and make, +our said Cousin, PRINCE RUPERT, to be the first and present Governor +of the said Company, and to continue in the said Office from the Date +of these Presents until the 10th November then next following, if he, +the said Prince Rupert, shall so long live, and so until a new Governor +be chosen by the said Company in Form hereafter expressed. AND ALSO +WE HAVE assigned, nominated and appointed, and by these Presents for +Us, Our Heirs and Successors, WE DO assign, nominate and constitute, +the said Sir John Robinson, Sir Robert Vyner, Sir Peter Colleton, +James Hayes, John Kirke, Francis Millington, and John Portman, to be +the seven first and present Committees of the said Company, from the +Date of these Presents until the said 10th Day of November then also +next following, and so until new Committees shall be chosen in Form +hereafter expressed. 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 it shall and may be lawful to and for the said +Governor and Company for the Time being, or the greater Part of them +present at any publick Assembly commonly called, The Court General to +be holden for the said Company, the Governor of the said Company being +always one, from time to time to elect, nominate and appoint one of the +said Company to be Deputy to the said Governor; which Deputy shall take +a corporal Oath, before the Governor and three or more of the Committee +of the said Company for the time being, well, truly, and faithfully to +execute his said Office of Deputy to the Governor of the said Company, +and after his Oath so taken, shall and may from time to time, in the +Absence of the said Governor, exercise and execute the Office of +Governor of the said Company, in such Sort as the said Governor ought +to do. AND FURTHER WE WILL and grant 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, between +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 +said 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 others 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 publick 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 traffick 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 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 then 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, 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 use 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 die 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 removeable +at the Pleasure of the rest of the said Company, or the greater Part +of them which shall be present at their publick 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 a +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 died or was removed; +which Person being so elected and nominated to the Office of Governor +or 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 die or to be removed from the said Office, +which Committees not demeaning themselves well in their said Office, We +will, to be removeable 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 nominated and elected 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, the 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, Streights, +Bays, Rivers, Lakes, Creeks, and Sounds, in whatsoever Latitude they +shall be, that lie within the Entrance of the Streights commonly called +Hudson's Streights, together with all the Lands and Territories upon +the Countries, Coasts and Confines of the Seas, Bays, Lakes, Kivers, +Creeks, and Sounds 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, +Inlets, and Rivers within the Premisses, and the Fish therein taken, +together with the Royalty of the Sea upon the Coasts within 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 _Ruperts 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 Premisses, +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 Premisses, 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 County of Kent, in free and +common Soccage, and not in Capite or by Knight's Service; YEILDING 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, Forts 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, Pines and Amerciaments, +be reasonable, and not contrary or repugnant, but as near as may be +agreeable to the Laws, Statutes or Customs 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 Traffick, 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 +Traffick 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 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 Traffick 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 STREIGHTLY charge, command +and prohibit, for Us, Our Heirs and Successors, all the Subjects 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 Merchandize, into, or from +any the said Territories, Limits or Places, hereby granted, or any, +or either of them, other than the said Governor and Company, and such +particular Persons as now be, or hereafter shall be, of that Company, +their Agents, Factors, and Assigns, unless it be by the Licence 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 traffick into or from any +of the Countries, Territories or Limits aforesaid, other than the said +Governor and Company, and their Successors, shall incur our Indignation, +and the Forfeiture, and the Loss of the Goods, Merchandizes, 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 find, take and seize, in other Places out +of our Dominions, where the said Company, their Agents, Factors or +Ministers, shall trade, traffick or inhabit, by Virtue of these Our +Letters Patent, as also the Ship and Ships, with the Furniture thereof, +wherein such Goods, Merchandizes, and other Things, shall be brought and +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 and Successors, for so high +a Contempt, shall seem meet and convenient, and not to be in anywise +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 traffick into any of +the said Places, Seas, Streights, Bays, Ports, Havens or Territories, +aforesaid, contrary to our express Commandment in that Behalf 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, +Licence, or Power, to any Person or Persons whatsoever, contrary to +the Tenor of these Our Letters Patent, to trade, traffick 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 the +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 publick 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 Writing, by the said Person or Persons, +subscribed with the Name of 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, and 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 Licence 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 anywise 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 Bye-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 those 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 Company's Factories and Trade are or shall be, +within any the Ports or Places afore limited, shall be immediately and +from henceforth, under the Power and Command of the said Governor and +Company, their Successors and Assigns; saving the Faith and Allegiance +due to be performed to Us, Our Heirs and Successors 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 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 Company's +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 transmit the +Party, together with the Offence, to such other Plantation, 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 Licence, 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 or 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 Discretion 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 +Kinds of Cloathing, 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 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 License 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 +or Persons, being Our Subjects, any ways employed by the said Governor +and Company, within any of 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 President, Chief +Agent or Governor in the Parts aforesaid, to examine upon Oath all +Factors, Masters, Pursers, Supercargoes, 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 streightly 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, Assigns and Ministers, and every of them, +in executing and enjoying the Premisses, 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 Patent; +WITNESS OURSELF at Westminster, the Second Day of May, in the Two and +Twentieth Year of Our Reign. + +By Writ of Privy Seal, +PIGOTT. + + + + +SUPPLEMENTAL CHARTER, +9th September, 1884. + + +Victoria, by the grace of God of the United Kingdom of Great Britain +and Ireland Queen, Defender of the Faith, Empress of India, to all to +whom these presents shall come, greeting. + +_Whereas by a Royal charter granted on the 2nd day of May in the +two-and-twentieth year of the reign of his late Majesty King Charles +the Second (in this our charter called "the original charter"), a +company was incorporated by the name of "The Governor and Company of +Adventurers of England trading into Hudson's Bay" with a common seal, +for the purpose of trading within the territories mentioned in said +original charter: + +And whereas by the said original charter, after declaring that one of +the Company should be elected in manner thereafter mentioned, to be +called the Governor of the Company, and that the said Governor and +Company should or might elect seven of their members in such form as +thereafter mentioned, to be called the Committee of the Company, which +Committee of seven or any three of them, together with the Governor +or the Deputy-Governor for the time being, should have the general +management of the affairs of the Company, it was declared that the +Governor and Company and their successors should from thenceforth for +ever be ruled, ordered, and governed according to such manner and form +as was thereafter expressed, and not otherwise: + +And whereas by the said original charter, after appointing Prince +Rupert to be the first Governor of the Company, and seven persons to +be the seven first Committees of the Company, it was provided that +it should and might be lawful to or for the said Governor and Company +for the time being or the greater part of them at any public assembly, +commonly called the Court General, to be holden for the said Company, +the Governor of the said Company being always one from time to time, +to elect, nominate, and appoint one of the said Company to be Deputy to +the said Governor, which Deputy should take a corporal oath before the +Governor and three or more of the Committee of the said Company for the +time being, well and truly and faithfully to execute his said office +of Deputy to the Governor of the said Company, and after his oath so +taken should and might from time to time, in the absence of the said +Governor, exercise and execute the office of Governor of the said +Company in such sort as the said Governor ought to do: + +And whereas the said original charter similarly provided for the election +in each and every year between the first and last day of November of one +of the Company to be Governor for one whole year then next following, +and required the Governor or Deputy-Governor for the time being to be +present at each such election, and required the person so elected to +be Governor of the Company, before being admitted to execute his office, +to 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 would well and truly execute the +office of Governor: + +And whereas the said original charter similarly provided for the election +in each and every year between the first and last day of November of +seven of the Company to be a Committee of the Company for one whole year +then next ensuing, and required the Governor or the Deputy-Governor of +the Company for the time being to be present at each, such election, +and required the persons so elected to be a Committee of the Company, +before being admitted to execute their office to take a corporal oath +that they and every of them should well and faithfully perform their +office of Committee. + +And whereas the said original charter similarly provided for the +election of a Governor or a Deputy-Governor of the Company in the +event of the Governor or Deputy-Governor for the time being, at any +time within one year after being elected and sworn to the office of +Governor or Deputy-Governor, dying or being removed from his office +(which Governor or Deputy-Governor not demeaning himself well in his +office was to be removeable at the pleasure of the rest of the Company +or the greater part of them present at a general court), and provided +that the Governor or Deputy-Governor so elected should hold office for +the residue of the said year, and before being admitted to execute his +office should take a corporal oath as aforesaid: + +And whereas the said original charter similarly provided in the event +of any person or persons of the Committee of the Company for the time +being within one year after being elected and sworn to such office +dying or being removed from his or their office (which Committee not +demeaning themselves well in their said office were to be removeable at +the pleasure of the Governor and Company or the greater part of them, +whereof the Governor for the time being, or his deputy should be one), +for the election of one or more of the Company to be of the Committee +in the place of him or them dying or being removed as aforesaid, +and the said original charter provided that the person or persons +so elected should hold office for the residue of the said year, and +before being admitted to execute the office of Committee should take +a corporal oath as aforesaid, and the Governor or the Deputy-Governor +for the time being was required to be present at each such election. + +And whereas by the said original charter the Governor and Company were +empowered to assemble themselves and hold court for the Company and +the affairs thereof, and it was thereby declared that it should be +lawful for them and the greater part of them present at such assembly, +whereof the Governor or his Deputy for the time being should be one, +to make, ordain, and constitute such and so many laws, constitutions, +orders, and ordinances as to them or the greater part of them being there +present should seem necessary and convenient for the good government +of the Company, and at their pleasure to revoke and alter the same or +any of them as the occasion should require: + +And whereas by the said original charter the Governor or Deputy-Governor +for the time being was required to be present at the admission into +the Company of servants, factors, and other persons: + +And whereas by the said original charter it was declared that it should +be lawful in all elections and bye-laws to be made by the general court +of the Adventurers of the said Company, that every person should have +a number of votes according to his stock, that was to say, for every +hundred pounds by him subscribed or brought into the present stock one +vote, and that any of those who had subscribed less than one hundred +pounds might join their respective sums to make up one hundred pounds +and have one vote jointly for the same, and not otherwise: + +And whereas by a deed under the seal of the Company, dated the nineteenth +November, One thousand eight hundred and sixty-nine, certain rights of +government and other rights and privileges granted, by the said original +charter, but not affecting the subject matter of this our charter, +were duly surrendered to Her Majesty, and such surrender was duly +accepted by Her Majesty by an instrument under her sign manual: + +And whereas for many years the capital of the Company has comprised no +stock, but has been and is now divided into shares of equal value, and +it is desirable that the qualification for votes should be changed from +the holding of stock in the Company to the holding of shares therein: + +And whereas many of the provisions contained in the original charter have +been found very inconvenient in practice, and are not in accordance with +the usual provisions regulating the affairs of modern companies, and in +particular the following provisions have been found very inconvenient, +that is to say: the provisions requiring the Governor, Deputy-Governor, +and Committee to be elected every year, and fixing the date of the +election between the first and last day of November; the provisions +requiring the presence of the Governor or Deputy-Governor at the general +courts for the elections of Governors or Members of the Committee, and at +the general courts assembled for the purpose of making bye-laws, and on +other occasions specified in the said original charter; the provisions +requiring a corporal oath to be taken by the Governor, Deputy-Governor, +and Committee, and by certain other persons on certain occasions. + +And whereas, in addition to the above provisions complained of, the +absence of any power in the said original charter enabling the Governor, +Deputy-Governor, or any member of the Committee, to resign office, or +enabling votes to be taken by proxy, and the absence of several other +powers usually given to trading companies for the better regulation +of their internal affairs, has been found in practice to be very +inconvenient and detrimental to the interests of the Company. + +And whereas the Company is desirous that the provisions in the original +charter above complained of should be cancelled or modified, and +has applied to us for a supplemental charter embodying more suitable +provisions._ + +Now know ye that We by these presents do will and ordain that the +several provisions contained in the said original charter relating to +the election to the office of Governor, Deputy-Governor, or Committee, +and to the filling up of any vacancy in any such office, and requiring +corporal oaths to be taken, and the other provisions contained in the +said original charter, shall, so far as they are inconsistent with the +provisions contained in this our charter, on and after the day of the +date of this our charter, cease to be in force and be annulled. + +And We do hereby further will and ordain that, notwithstanding anything +contained in the original charter, the presence of the Governor or +Deputy-Governor at any general court or at any meeting of the Governor, +Deputy-Governor, and Committee (who are hereinafter collectively referred +to as the Board) shall not be essential for the proper holding of such +court or Board meeting, and that nothing done at any general court or +meeting of the Board shall be questioned or disputed on the ground +of the absence of the Governor or Deputy-Governor from such general +court or meeting of the Board, and that in case neither the Governor +nor Deputy-Governor happen to be present at any such general court or +meeting of the Board, at the appointed time for holding such general +court or meeting of the Board, the members of the Committee present or +the major part of them shall nominate and appoint one of themselves +Chairman or President of such court or Board, and that the general +powers of management and other powers given by the said original charter +to any three members of the Committee, together with the Governor or +Deputy-Governor, shall be exerciseable by any four members of the Board, +whether the Governor or Deputy-Governor shall form one of such four or +not. + +And We do hereby further will and ordain that, notwithstanding anything +contained in the original charter, a general court for the Company shall +be held every year at such place and on such day in November or December +as may be appointed by the Board. + +And We do hereby further will and ordain that every question submitted +to a general court shall be decided by a show of hands, unless before +or upon the declaration of the result of the show of hands, a poll is +demanded by at least five members present at such general court, and +holding in the aggregate not less than One hundred shares, and unless +a poll is so demanded a declaration by the Chairman that the motion has +been carried or lost, or carried or lost by a particular majority, shall +be deemed conclusive evidence of the fact without proof of the number or +the proportion of the votes recorded in favour of or against the motion, +and that if a poll is demanded as aforesaid, it shall be taken in such +manner and at such time and place and either at once or after an interval +or adjournment, as the Chairman of the general court directs, and the +result of such poll shall be deemed to be the resolution of the general +court at which the poll was demanded. In case of an equality of votes, +the Chairman shall, whether on a show of hands or at the poll, have a +casting vote in addition to the vote or votes to which he may be entitled +as a member. + +In computing the majority when a poll is demanded, reference shall be +had to the number of votes to which each member is entitled by this our +charter. + +And We do hereby further will and ordain that, notwithstanding anything +contained in the original charter, every member of the Company shall +have one vote for every five shares in the Company held by him, and +that any of those members who hold less than five shares may join their +respective shares, so as to make up five or more shares, and have one +vote jointly for the same; provided nevertheless that no member shall +be entitled to vote, or to join with any other member or members in +making up a joint vote at any general Court in respect of any shares +or share, unless he shall have been the holder of such shares or share +for at least six months prior to such general Court. + +And We do hereby further will and ordain that votes may be given at +every general court either personally or by proxy, but such proxy must +be a proprietor in the Company, and himself entitled to vote, and the +appointment of every such proxy must be in writing and must be in the +form following or to the like effect, that is to say: + + I (or we) appoint ___ my (our) proxy to vote and act for + me (us) and in my (our) name (names) on all questions at + the general court of the Hudson's Bay Company to be held + on the ___ day of ___ and every adjournment thereof whereat + I (we) shall not be present in person. Dated this ___ of ___. + +And We do hereby further will and ordain that the Chairman may, with +the consent of the meeting, adjourn any general court from time to time +and place to place, but that no business shall be transacted at any +adjourned general court other than the business left unfinished at the +general court from which the adjournment took place. + +And We do hereby further will and ordain that, notwithstanding anything +contained in the original charter, the Governor, Deputy-Governor, +and Committeemen shall, after the year One thousand eight hundred +and eighty-four, hold their respective offices subject to retirement +by rotation as hereinafter provided, that is to say, at the general +court to be held in the year One thousand eight hundred and eighty-five, +and at every succeeding general court, three members of the Board shall +retire from office, and that, until all the present Board shall in turn +have retired, the members of the Board to retire shall from time to time +be determined by ballot or otherwise amongst the members of the present +Board, or such of them as for the time being shall not have retired, +but afterwards the members of the Board to retire shall be those who +shall have been longest in office since their last election, and as +between members of the Board of equal seniority the member or members to +retire shall be determined by lot; provided always that the Governor and +Deputy-Governor shall not both retire at the same time, and that in the +ballot for determining who shall retire in the year One thousand eight +hundred and eighty-five, the Governor and Deputy-Governor shall not both +be included, but only one of them, such one to be determined by lot; +and in the event of neither the Governor nor the Deputy-Governor being +selected by ballot to retire in the year One thousand eight hundred and +eighty-five, one of them to be determined by lot shall retire in the +year One thousand eight hundred and eighty-six. And provided always +that a retiring member of the Board shall be eligible for re-election, +and that, if the retiring member be the Governor or Deputy-Governor of +the Company, he shall be eligible for re-election, or any other member of +the Board shall be eligible for election as Governor or Deputy-Governor +respectively; and in the event of any member of the Board being elected to +the office of Governor or Deputy-Governor, in the place of the retiring +Governor or Deputy-Governor such member shall be deemed to have retired +from his former office. + +And We do hereby further will and ordain that, notwithstanding anything +contained in the original charter, the Company at any general court at +which any members of the Board retire in manner aforesaid shall if it be +the turn for the Governor or Deputy-Governor to retire first fill up that +office, and then shall fill up the other vacated offices, including any +office rendered vacant by the election of any member of the Board to the +office of Governor or Deputy-Governor as aforesaid, by electing a like +number of persons to be members of the Board; and that every election or +re-election to the office of Governor, Deputy-Governor, or Committee shall +be conducted in the manner and according to the forms from time to time +to be prescribed by the bye-laws of the Company, and that such notice +of the names of every candidate for election or re-election to any such +office shall be given as may be required by the bye-laws for the time +being in force. + +And We do hereby further will and ordain that notwithstanding anything +contained in the original charter, any member of the Board may at +any time give notice to the Board in writing of his wish to resign, +and on the acceptance of his resignation by the Board, but not before, +his office shall be vacant. + +Nothing in this our charter contained shall affect the power given by the +original charter to the Company to remove any Governor, Deputy-Governor, +or member of the Committee who should not demean himself well in his +respective office. + +And We do hereby further will and ordain that, notwithstanding anything +in the original charter contained, any casual vacancy occurring among +the members of the Board through death, resignation, removal, or other +cause, except the expiration of the period of office, may be filled up by +the Board or the remaining members of the Board, whatever there number +may be, and if the casual vacancy occur in the office of Governor or +Deputy-Governor, such vacancy may be filled by electing any one of the +remaining members of the Board; and if so filled up a casual vacancy shall +be deemed to have occurred in the office of the member of the Board so +elected to the office of Governor or Deputy-Governor; provided always that +any person so chosen to fill up any casual vacancy shall retain his office +until the next general court held for the election of members of the +Board, and at such general court the Company shall either confirm such +person in his office or shall elect some other person to hold such office +in his place, and provided always that the person so chosen and confirmed +as aforesaid or the person elected by the Company in his stead (as the +case may be) shall retain his office so long only as the vacating member +of the Board would have retained the same if no vacancy had occurred, +and provided always that, notwithstanding any vacancy in the Board, +the continuing members of the Board may act so long as there remains +not less than four members of the Board. + +And We do hereby further will and ordain that, notwithstanding anything +contained in the original charter, the corporal oath thereby required to +be taken on the occasions and by the persons therein mentioned shall no +longer be required to be taken by any person on any occasion whatsoever. + +In witness whereof we have caused these our Letters to be made +patent. Witness Ourself at Westminster, the ninth day of September, +in the forty-eighth year of our reign. + +BY WARRANT UNDER THE QUEEN'S SIGN MANUAL. + +PALMER. +[Seal.] + +LONDON: PRINTED BY SIR JOSEPH CAUSTON & SONS +47, EASTCHEAP, E.C. AND 114, SOUTHWARK STREET, S.E. + + + + + + +End of the Project Gutenberg EBook of Charter and supplemental charter of the +Hudson's Bay Company, by Hudson's Bay Company + +*** END OF THE PROJECT GUTENBERG EBOOK CHARTER OF THE HUDSON'S BAY COMPANY *** + +This file should be named chhds10.txt or chhds10.zip +Corrected EDITIONS of our eBooks get a new NUMBER, chhds11.txt +VERSIONS based on separate sources get new LETTER, chhds10a.txt + +Produced by Sean Barrett, Charles Franks +and the Online Distributed Proofreading Team. + +This file was produced from images generously made available by the +Canadian Institute for Historical Microreproductions. + +Project Gutenberg eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the US +unless a copyright notice is included. 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