Footnote #8

1670 Charter

THE ROYAL CHARTER incorporating The Hudson's Bay Company 2 May 1670

CHARLES THE SECOND By the grace of God King of England Scotland France and Ireland defender of the faith.

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 Neil 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 charge 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 Straits Bays Rivers Lakes Creeks and Sounds in whatsoever Latitude they shall be that lie within the entrance of the Straits commonly called Hudson's Straits together with all the Lands Countries and Territories upon the Coasts and Confines of the Seas Straits 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 public 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 Neil 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 Politic 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 Politic 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 & 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 Governor and Company of Adventurers of England Trading into Hudson's Bay be and at all times hereafter shall be persons able and capable in Law to have purchase receive possess enjoy and retain Lands Rents privileges liberties Jurisdictions Franchises and hereditaments of what kind nature and 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 a new or alter as 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 Provision of the Shipping and merchandises thereunto belonging and also the sale of all merchandises 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 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 tenth of 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 tenth 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 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 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 and by these presents for us our heirs and Successors unto the said Governor and Company of Adventurers of England trading into Hudson's Bay and their Successors That they or the greater part of them whereof the Governor for the Time being or his Deputy to be one from time to time and at all times hereafter shall and may have authority and power yearly and every year the first and last day of November to assemble and meet together in some convenient place to be appointed from time to time by the Governor or in his absence by the Deputy of the said Governor for the time being And that they being so assembled it shall and may be lawful to and for the said Governor or Deputy of the said Governor and the said Company for the time being or the greater part of them which then shall happen to be present whereof the Governor of the said Company or his Deputy for the time being to be one to elect and nominate one of the said Company which shall be Governor of the same Company for one whole year then next following which person being so elected and nominated to be Governor of the said Company as is aforesaid before he be admitted to the Execution of the said Office shall take a Corporal Oath before the last Governor being his Predecessor or his Deputy and any three or more of the Committee of the said Company for the time being that he shall from time to time well and truly execute the Office of Governor of the said Company in all things concerning the same and that Immediately after the same Oath so taken he shall and may execute and use the said Office of Governor of the said Company for one whole year from thence next following and in like sort We will and grant that as well every one of the above named to be of the said Company or fellowship as all other hereafter to be admitted or free of the said Company shall take a Corporal Oath before the Governor of the said Company or his Deputy for the time being to such effect as by the said Governor and Company or the greater part of them in any public Court to be held for the said Company shall be in reasonable and legal manner set down and devised before they shall be allowed or admitted to Trade or traffic as a freeman of the said Company

AND FURTHER WE WILL and grant by these presents for us our heirs and successors unto the said Governor and Company and their successors that the said Governor or Deputy Governor and the rest of the said company and their successors for the time being or the greater part of them whereof the Governor or the Deputy Governor from time to time to be one shall and may from time to time and at all times hereafter have power and authority yearly and every year between the first and last day of November to assemble and meet together in some convenient place from time to time to be appointed by the said Governor of the said Company or in his absence by his Deputy and that they being so assembled it shall and may be lawful to and for the said Governor or his Deputy and the Company for the time being or the greater part of them which then shall happen to be present whereof the Governor of the said Company or his Deputy for the time being to be one to elect and nominate seven of the said Company which shall be a Committee of the said Company for one whole year from thence next ensuing which persons being so elected and nominated to be a Committee of the said Company as aforesaid before they be admitted to the execution of their Office shall take a Corporal Oath before the Governor or his Deputy and any three or more of the said Committee of the said Company being their last Predecessors and that they and every of them shall well and faithfully perform their said Office of Committees in all things concerning the same And that immediately after the said Oath so taken they shall and may execute and sue their said Office of Committees of the said Company for one whole year from thence next following

AND MOREOVER Our will and pleasure is And by these presents for us our heirs and successors WE DO GRANT unto the said Governor and Company and their successors that when and as often as it shall happen the Governor or Deputy Governor of the said Company for the time being at any time within one year after that he shall be nominated elected and sworn to the Office of the Governor of the said Company as is aforesaid to dye or to be removed from the said Office which Governor or Deputy Governor not demeaning himself well in his said Office WE WILL to be removable at the Pleasure of the rest of the said Company or the greater part of them which shall be present at their public assemblies commonly called their General Courts holden for the said Company that then and so often it shall and may be lawful to and for the Residue of the said Company for the time being or the greater part of them within convenient time after the death or removing of any such Governor or Deputy Governor to assemble themselves in such convenient place as they shall think fit for the election of the Governor or Deputy Governor of the said Company and that the said Company or the greater part of them being then and there present shall and may then and there before their departure from the said place elect and nominate one other of the said Company to be Governor or Deputy Governor for the said Company in the place and stead of him that so dyed or was removed which person being so elected and nominated to the Office of Governor of Deputy Governor of the said Company shall have and exercise the said Office for and during the residue of the said year taking first a Corporal Oath as is aforesaid for the due execution thereof And this to be done from time to time so often as the case shall so require

AND ALSO Our Will and Pleasure is and by these presents for us our heirs and successors WE DO grant unto the said Governor and Company that when and as often as it shall happen any person or persons of the Committee of the said Company for the time being at any time within one year next after that they or any of them shall be nominated elected and sworn to the Office of Committee of the said Company as is aforesaid to dye or to be removed from the said Office which Committees not demeaning themselves well in their said Office We will to be removable at the pleasure of the said Governor and Company or the greater part of them whereof the Governor of the said Company for the time being or his Deputy to be one that then and so often it shall and may be lawful to and for the said Governor and the rest of the Company for the time being or the greater part of them whereof the Governor for the time being or his Deputy to be one within convenient time after the death or removing of any of the said Committee to assemble themselves in such convenient place as is or shall be usual and accustomed for the election of the Governor of the said Company or where else the Governor of the said Company for the time being or his Deputy shall appoint And that the said Governor and Company or the greater part of them whereof the Governor for the time being or his Deputy to be one being then and there present shall and may then and there before their Departure from the said place elect and nominate one or more of the said Company to be of the Committee of the said Company in the place and stead of him or them that so died or were or was so removed which person or persons so elected and nominated to the Office of Committee of the said Company shall have and exercise the said Office for and during the residue of the said year taking first a Corporal Oath as is aforesaid for the due execution thereof and this to be done from time to time so often as the case shall require And to the end the said Governor and Company of Adventurers of England Trading into Hudson's Bay may be encouraged to undertake and effectually to prosecute the said design of our more especial grace certain knowledge and mere Motion WE HAVE given granted and confirmed And by these presents for us our heirs and successors DO give grant and confirm unto the said Governor and Company and their successors the sole Trade and Commerce of all those Seas Straits Bays Rivers Lakes Creeks and in whatsoever Latitude they shall be that lie within the entrance of the Straits commonly called Hudson's Straits together with all the Lands and Territories upon the Countries Coasts and confines of the Seas Bays Lakes Rivers Creeks and aforesaid that are not already actually possessed by or granted to any of our Subjects or possessed by the Subjects of any other Christian Prince or State with the Fishing of all Sorts of Fish Whales Sturgeons and all other Royal Fishes in the Seas Bays Islets and Rivers within the premises and the Fish therein taken together with the Royalty of the Sea upon the Coasts with the Limits aforesaid and all Mines Royal as well discovered as not discovered of Gold Silver Gems and precious Stones to be found or discovered within the Territories Limits and Places aforesaid And that the said Land be from henceforth reckoned and reputed as one of our Plantations or Colonies in America called Rupert's Land.

AND FURTHER WE DO by these presents for us our heirs and successors make create and constitute the said Governor and Company for the time being and their successors the true and absolute Lords and Proprietors of the same Territory limits and places aforesaid And of all other the premises SAVING ALWAYS the faith Allegiance and Sovereign Dominion due to us our heirs and successors for the same TO HAVE HOLD possess and enjoy the said Territory limits and places and all and singular other the premises hereby granted as aforesaid with their and every of their Rights Members Jurisdictions Prerogatives Royalties and Appurtenances whatsoever to them the said Governor and Company and their Successors for ever TO BE HOLDEN of us our heirs and successors as of our Manor of East Greenwich in our Country of Kent in free and common Socage and not in Capite or by Knights Service YIELDING AND PAYING yearly to us our heirs and Successors for the same two Elks and two Black beavers whensoever and as often as We our heirs and successors shall happen to enter into the said Countries Territories and Regions hereby granted.

AND FURTHER our will and pleasure is And by these presents for us our heirs and successors WE DO grant unto the said Governor and Company and to their successors that it shall and may be lawful to and for the said Governor and Company and their successors from time to time to assemble themselves for or about any the matters causes affairs or businesses of the said Trade in any place or places for the same convenient within our Dominions or elsewhere and there to hold Court for the said Company and the affairs thereof And that also it shall and may be lawful to and for them and the greater part of them being so assembled and that shall then and there be present in any such place or places whereof the Governor or his Deputy for the time being to be one to make ordain and constitute such and so many reasonable Laws Constitutions Orders and Ordinances as to them or the greater part of them being then and there present shall seem necessary and convenient for the good Government of the said Company and of all Governors of Colonies Fortes and Plantations Factors Masters Mariners and other Officers employed or to be employed in any of the Territories and Lands aforesaid and in any of their Voyages and for the better advancement and continuance of the said Trade or Traffic and Plantations and the same Laws Constitutions Orders and Ordinances so made to put in use and execute accordingly and at their pleasure to revoke and alter the same or any of them as the occasion shall require And that the said Governor and Company so often as they shall make ordain or establish any such Laws Constitutions Orders and Ordinances in such form as aforesaid shall and may lawfully impose ordain limit and provide such pains penalties and punishments upon all Offenders contrary to such Laws Constitutions Orders and Ordinances or any of them as to the said Governor and Company for the time being or the greater part of them then and there being present the said Governor or his Deputy being always one shall seem necessary requisite or convenient for the observation of the same Laws Constitutions Orders and Ordinances And the same Fines and Amerciaments shall and may by their Officers and Servants from time to time to be appointed for that purpose levy take and have to the use of the said Governor and Company and their successors without the impediment of us our heirs or successors or of any the Officers or Ministers of us our heirs or successors and without any account therefore to us our heirs or successors to be made All and singular which Laws Constitutions Orders and Ordinances so as aforesaid to be made WE WILL to be duly observed and kept under the pains and penalties therein to be contained so always as the said Laws Constitutions Orders and Ordinances Fines and Amerciaments be reasonable and not contrary or repugnant but as near as may be agreeable to the Laws Statutes or of this our Realm.

AND FURTHERMORE of our ample and abundant grace certain knowledge and mere motion WE HAVE granted and by these presents for us our heirs and successors do grant unto the said Governor and Company and their Successors That they and their Successors and their Factors Servants and Agents for them and on their behalf and not otherwise shall for ever hereafter have use and enjoy not only the whole Entire and only Trade and Traffic and the whole entire and only liberty use and privilege of trading and Trafficking to and from the Territory Limits and places aforesaid but also the whole and entire Trade and Traffic to and from all Havens Bays Creeks Rivers Lakes and Seas into which they shall find entrance or passage by water or Land out of the Territories Limits or places aforesaid and to and with all the Natives and People Inhabiting or which shall inhabit within the Territories Limits and places aforesaid and to and with all other Nations Inhabiting any of the Coasts adjacent to the said Territories Limits and places which are not already possessed as aforesaid or whereof the sole liberty or privilege of Trade and Traffic is not granted to any other of our Subjects

AND WE of our further Royal favour And of our more especial grace certain knowledge and mere Motion HAVE granted and by these presents for us our heirs and Successors DO grant to the said Governor and Company and to their Successors That neither the said Territories Limits and places hereby Granted as aforesaid nor any part thereof nor the islands Havens Ports Cities Towns or places thereof or therein contained shall be visited frequented or haunted by any of the Subjects of us our heirs or successors contrary to the true meaning of these presents and by virtue of our Prerogative Royal which We will not have in that behalf argued or brought into Question WE STRAIGHTLY Charge Command and prohibit for us our heirs and Successors all the of us our heirs and Successors of what degree or Quality soever they be that none of them directly or indirectly do visit haunt frequent or Trade Traffic or Adventure by way of Merchandise into or from any the said Territories Limits or Places hereby granted or any or either of them other then the said Governor and Company and such particular persons as now be or hereafter shall be of that Company their Agents Factors and Assignees unless it be by the License and agreement of the said Governor and Company in writing first had and obtained under their Common Seal to be granted upon pain that every such person or persons that shall Trade or Traffic into or from any the Countries Territories or Limits aforesaid other then the said Governor and Company and their Successors shall incur our Indignation and the forfeiture and the loose of the Goods Merchandises and other things whatsoever which so shall be brought into this Realm of England or any the Dominions of the same contrary to our said Prohibition or the purport or true meaning of these presents for which the said Governor and Company shall finned take and seize in other places out of our Dominions where the said Company their Agents Factors or Ministers shall Trade Traffic inhabit by virtue of these our Letters Patent As also the Ship and Ships with the Furniture thereof wherein such goods Merchandises and other things shall be brought or found the one half of all the said Forfeitures to be to us our heirs and successors and the other half thereof WE DO by these Presents clearly and wholly for us our heirs and Successors Give and Grant unto the said Governor and Company and their Successors AND FURTHER all and every the said Offenders for their said contempt to suffer such other punishment as to us our heirs or Successors for so high a contempt shall seem meet and convenient and not to be in any wise delivered until they and every of them shall become bound unto the said Governor for the time being in the sum of one thousand Pounds at the least at no time then after to Trade or Traffic into any of the said places Seas Straits Bays Ports Havens or Territories aforesaid contrary to our Express Commandment in the behalf herein set down and published

AND FURTHER of our more especial grace WE HAVE condescended and granted And by these presents for us our heirs and Successors do grant unto the said Governor and Company and their successors That We our heirs and Successors will not Grant liberty license or power to any person or persons whatsoever contrary to the tenor of these our Letters Patent to Trade traffic or inhabit unto or upon any the Territories limits or places afore specified contrary to the true meaning of these presents without the consent of the said Governor and Company or the most part of them AND of our more abundant grace and favour to the said Governor and Company WE DO hereby declare our will and pleasure to be that if it shall so happen that any of the persons free or to be free of the said Company of Adventurers of England Trading into Hudson's Bay who shall before going forth of any Ship or Ships appointed for A VOYAGE or otherwise promise or agree by Writing under his or their hands to adventure any sum or Sums of money towards the furnishing any provision or maintenance of any voyage or voyages set forth or to be set forth or intended or meant to be set forth by the said Governor and Company or the more part of them present at any Public Assembly commonly called their General Court shall not within the Space of twenty Days next after Warning given to him or them by the said Governor or Company or their known Officer or Minister bring in and deliver to the Treasurer or Treasurers appointed for the Company such sums of money as shall have been expressed and set down in by the said Person or Persons subscribed with the name of the said Adventurer or Adventurers that then and at all Times after it shall and may be lawful to and for the said Governor and Company or the more part of them present WHEREOF the said Governor or his Deputy to be one at any of their General Courts or General Assemblies to remove and disfranchise him or them and every such person and persons at their wills and pleasures and he or they so removed and disfranchised not to be permitted to trade into the Countries Territories Limits aforesaid or any part thereof nor to have any Adventure or Stock going or remaining with or amongst the said Company without the special license of the said Governor and Company or the more part of them present at any General Court first had and obtained in that behalf Any thing before in these presents to the contrary thereof in any wise notwithstanding

AND OUR WILL AND PLEASURE is And hereby We do also ordain that it shall and may be lawful to and for the said Governor and Company or the greater part of them whereof the Governor for the time being or his Deputy to be one to admit into and to be of the said Company all such Servants or Factors of or for the said Company and all such others as to them or the most part of them present at any Court held for the said Company the Governor or his Deputy being one shall be thought fit and agreeable with the Orders and Ordinances made and to be made for the Government of the said Company

AND FURTHER Our will and pleasure is And by these presents for us our heirs and Successors WE DO grant unto the said Governor and Company and to their Successors that it shall and may be lawful in all Elections and By-Laws to be made by the General Court of the Adventurers of the said Company that every person shall have a number of votes according to his Stock that is to say for every hundred pounds by him subscribed or brought into the present Stock one vote and that any of these that have Subscribed less than one hundred pounds may join their respective sums to make up one hundred pounds and have one vote jointly for the same and not otherwise

AND FURTHER of our especial grace certain knowledge and mere motion WE DO for us our heirs and successors grant to and with the said Governor and Company of Adventurers of England Trading into Hudson's Bay that all Lands Islands Territories Plantations Forts Fortifications Factories or Colonies where the said Companies Factories and Trade are or shall be within any the Ports and places afore limited shall be immediately and from henceforth under the power and command of the said Governor and Company their Successors and Assignees SAVING the faith and Allegiance due to be performed to us our heirs and successors as aforesaid and that the said Governor and Company shall have liberty full Power and authority to appoint and establish Governors and all other Officers to govern them And that the Governor and his Council of the several and respective places where the said Company shall have Plantations Forts Factories Colonies or Places of Trade within any of the Countries Lands or Territories hereby granted may have power to judge all persons belonging to the said Governor and Company or that shall live under them in all Causes whether Civil or Criminal according to the Laws of this Kingdom and to execute Justice accordingly And in case any crime or misdemeanor shall be committed in any of the said Companies Plantations Forts Factories or Places of Trade within the Limits aforesaid where Judicature cannot be executed for want of a Governor and Council there then in such case it shall and may be lawful for the chief Factor of that place and his Council to the party together with the offence to such other Placation Factory or Fort where there shall be a Governor and Council where Justice may be executed or into this Kingdom of England as shall be thought most convenient there to receive such punishment as the nature of his offence shall deserve

AND MOREOVER Our will and pleasure is And by these presents for us our heirs and Successors WE DO GIVE and grant unto the said Governor and Company and their Successors free Liberty and License in case they conceive it necessary to send either Ships of War Men or Ammunition unto any their Plantations Forts Factories or Places of Trade aforesaid for the security and defence of the same and to choose Commanders and Officers over them and to give them power and authority by Commission under their Common Seal or otherwise to continue or make peace or War with any Prince or People whatsoever that are not Christians in any places where the said Company shall have any Plantations Forts or Factories or adjacent thereunto as shall be most for the advantage and benefit of the said Governor and Company and of their Trade and also to right and recompense themselves upon the Goods Estates or people of those parts by whom the said Governor and Company shall sustain any injury loss or damage or upon any other People whatsoever that shall any way contrary to the intent of these presents interrupt wrong or injure them in their said Trade within the said places Territories and Limits granted by this Charter and that it shall and may be lawful to and for the said Governor and Company and their successors from time to time to assemble themselves for or about any the matters causes affairs or businesses of the said Trade in any place or places for the same convenient within our Dominions or elsewhere and there to hold Court for the said Company and the affairs thereof And that also it shall and may be lawful to and for them and the greater part of them being so assembled and that shall then and there be present in any such place or places whereof the Governor or his Deputy for the time being to be one to make ordain and constitute such and so many reasonable Laws Constitutions Orders and Ordinances as to them or the greater part of them being then and there present shall seem necessary and convenient for the good Government of the said Company and of all Governors of Colonies Fortes and Plantations Factors Masters Mariners and other Officers employed or to be employed in any of the Territories and Lands aforesaid and in any of their Voyages and for the better advancement and continuance of the said Trade or Traffic and Plantations and the same Laws Constitutions Orders and Ordinances so made to put in use and execute accordingly and at their pleasure to revoke and alter the same or any of them as the occasion shall require And that the said Governor and Company so often as they shall make ordain or establish any such Laws Constitutions Orders and Ordinances in such form as aforesaid shall and may lawfully impose ordain limit and provide such pains penalties and punishments upon all Offenders contrary to such Laws Constitutions Orders and Ordinances or any of them as to the said Governor and Company for the time being or the greater part of them then and there being present the said Governor or his Deputy being always one shall seem necessary requisite or convenient for the observation of the same Laws Constitutions Orders and Ordinances And the same Fines and Amerciaments shall and may by their Officers and Servants from time to time to be appointed for that purpose levy take and have to the use of the said Governor and Company and their successors without the impediment of us our heirs or successors or of any the Officers or Ministers of us our heirs or

successors and without any account therefore to us our heirs or successors to be made All and singular which Laws Constitutions Orders and Ordinances so as aforesaid to be made WE WILL to be duly observed and kept under the pains and penalties therein to be contained so always as the said Laws Constitutions Orders and Ordinances Fines and Amerciaments be reasonable and not contrary or repugnant but as near as may be agreeable to the Laws Statutes or of this our Realm.

AND FURTHERMORE of our ample and abundant grace certain knowledge and mere motion WE HAVE granted and by these presents for us our heirs and successors do grant unto the said Governor and Company and their Successors That they and their Successors and their Factors Servants and Agents for them and on their behalf and not otherwise shall for ever hereafter have use and enjoy not only the whole Entire and only Trade and Traffic and the whole entire and only liberty use and privilege of trading and Trafficking to and from the Territory Limits and places aforesaid but also the whole and entire Trade and Traffic to and from all Havens Bays Creeks Rivers Lakes and Seas into which they shall find entrance or passage by water or Land out of the Territories Limits or places aforesaid and to and with all the Natives and People Inhabiting or which shall inhabit within the Territories Limits and places aforesaid and to and with all other Nations Inhabiting any of the Coasts adjacent to the said Territories Limits and places which are not already possessed as aforesaid or whereof the sole liberty or privilege of Trade and Traffic is not granted to any other of our Subjects

AND WE of our further Royal favour And of our more especial grace certain knowledge and mere Motion HAVE granted and by these presents for us our heirs and Successors DO grant to the said Governor and Company and to their Successors That neither the said Territories Limits and places hereby Granted as aforesaid nor any part thereof nor the islands Havens Ports Cities Towns or places thereof or therein contained shall be visited frequented or haunted by any of the Subjects of us our heirs or successors contrary to the true meaning of these presents and by virtue of our Prerogative Royal which We will not have in that behalf argued or brought into Question WE STRAIGHTLY Charge Command and prohibit for us our heirs and Successors all the of us our heirs and Successors of what degree or Quality soever they be that none of them directly or indirectly do visit haunt frequent or Trade Traffic or Adventure by way of Merchandise into or from any the said Territories Limits or Places hereby granted or any or either of them other then the said Governor and Company and such particular persons as now be or hereafter shall be of that Company their Agents Factors and Assignees unless it be by the License and agreement of the said Governor and Company in writing first had and obtained under their Common Seal to be granted upon pain that every such person or persons that shall Trade or Traffic into or from any the Countries Territories or Limits aforesaid other then the said Governor and Company and their Successors shall incur our Indignation and the forfeiture and the loose of the Goods Merchandises and other things whatsoever which so shall be brought into this Realm of England or any the Dominions of the same contrary to our said Prohibition or the purport or true meaning of these presents for which the said Governor and Company shall finned take and seize in other places out of our Dominions where the said Company their Agents Factors or Ministers shall Trade Traffic inhabit by virtue of these our Letters Patent As also the Ship and Ships with the Furniture thereof wherein such goods Merchandises and other things shall be brought or found the one half of all the said Forfeitures to be to us our heirs and successors and the other half thereof WE DO by these Presents clearly and wholly for us our heirs and Successors Give and Grant unto the said Governor and Company and their Successors AND FURTHER all and every the said Offenders for their said contempt to suffer such other punishment as to us our heirs or Successors for so high a contempt shall seem meet and convenient and not to be in any wise delivered until they and every of them shall become bound unto the said Governor for the time being in the sum of one thousand Pounds at the least at no time then after to Trade or Traffic into any of the said places Seas Straits Bays Ports Havens or Territories aforesaid contrary to our Express Commandment in the behalf herein set down and published

AND FURTHER of our more especial grace WE HAVE condescended and granted And by these presents for us our heirs and Successors do grant unto the said Governor and Company and their successors That We our heirs and Successors will not Grant liberty license or power to any person or persons whatsoever contrary to the tenor of these our Letters Patent to Trade traffic or inhabit unto or upon any the Territories limits or places afore specified contrary to the true meaning of these presents without the consent of the said Governor and Company or the most part of them AND of our more abundant grace and favour to the said Governor and Company WE DO hereby declare our will and pleasure to be that if it shall so happen that any of the persons free or to be free of the said Company of Adventurers of England Trading into Hudson's Bay who shall before going forth of any Ship or Ships appointed for A VOYAGE or otherwise promise or agree by Writing under his or their hands to adventure any sum or Sums of money towards the furnishing any provision or maintenance of any voyage or voyages set forth or to be set forth or intended or meant to be set forth by the said Governor and Company or the more part of them present at any Public Assembly commonly called their General Court shall not within the Space of twenty Days next after Warning given to him or them by the said Governor or Company or their known Officer or Minister bring in and deliver to the Treasurer or Treasurers appointed for the Company such sums of money as shall have been expressed and set down in by the said Person or Persons subscribed with the name of the said Adventurer or Adventurers that then and at all Times after it shall and may be lawful to and for the said Governor and Company or the more part of them present WHEREOF the said Governor or his Deputy to be one at any of their General Courts or General Assemblies to remove and disfranchise him or them and every such person and persons at their wills and pleasures and he or they so removed and disfranchised not to be permitted to trade into the Countries Territories Limits aforesaid or any part thereof nor to have any Adventure or Stock going or remaining with or amongst the said Company without the special license of the said Governor and Company or the more part of them present at any General Court first had and obtained in that behalf Any thing before in these presents to the contrary thereof in any wise notwithstanding

AND OUR WILL AND PLEASURE is And hereby We do also ordain that it shall and may be lawful to and for the said Governor and Company or the greater part of them whereof the Governor for the time being or his Deputy to be one to admit into and to be of the said Company all such Servants or Factors of or for the said Company and all such others as to them or the most part of them present at any Court held for the said Company the Governor or his Deputy being one shall be thought fit and agreeable with the Orders and Ordinances made and to be made for the Government of the said Company

AND FURTHER Our will and pleasure is And by these presents for us our heirs and Successors WE DO grant unto the said Governor and Company and to their Successors that it shall and may be lawful in all Elections and By-Laws to be made by the General Court of the Adventurers of the said Company that every person shall have a number of votes according to his Stock that is to say for every hundred pounds by him subscribed or brought into the present Stock one vote and that any of these that have Subscribed less than one hundred pounds may join their respective sums to make up one hundred pounds and have one vote jointly for the same and not otherwise

AND FURTHER of our especial grace certain knowledge and mere motion WE DO for us our heirs and successors grant to and with the said Governor and Company of Adventurers of England Trading into Hudson's Bay that all Lands Islands Territories Plantations Forts Fortifications Factories or Colonies where the said Companies Factories and Trade are or shall be within any the Ports and places afore limited shall be immediately and from henceforth under the power and command of the said Governor and Company their Successors and Assignees SAVING the faith and Allegiance due to be performed to us our heirs and successors as aforesaid and that the said Governor and Company shall have liberty full Power and authority to appoint and establish Governors and all other Officers to govern them And that the Governor and his Council of the several and respective places where the said Company shall have Plantations Forts Factories Colonies or Places of Trade within any of the Countries Lands or Territories hereby granted may have power to judge all persons belonging to the said Governor and Company or that shall live under them in all Causes whether Civil or Criminal according to the Laws of this Kingdom and to execute Justice accordingly And in case any crime or misdemeanor shall be committed in any of the said Companies Plantations Forts Factories or Places of Trade within the Limits aforesaid where Judicature cannot be executed for want of a Governor and Council there then in such case it shall and may be lawful for the chief Factor of that place and his Council to the party together with the offence to such other Placation Factory or Fort where there shall be a Governor and Council where Justice may be executed or into this Kingdom of England as shall be thought most convenient there to receive such punishment as the nature of his offence shall deserve

AND MOREOVER Our will and pleasure is And by these presents for us our heirs and Successors WE DO GIVE and grant unto the said Governor and Company and their Successors free Liberty and License in case they conceive it necessary to send either Ships of War Men or Ammunition unto any their Plantations Forts Factories or Places of Trade aforesaid for the security and defence of the same and to choose Commanders and Officers over them and to give them power and authority by Commission under their Common Seal or otherwise to continue or make peace or War with any Prince or People whatsoever that are not Christians in any places where the said Company shall have any Plantations Forts or Factories or adjacent thereunto as shall be most for the advantage and benefit of the said Governor and Company and of their Trade and also to right and recompense themselves upon the Goods Estates or people of those parts by whom the said Governor and Company shall sustain any injury loss or damage or upon any other People whatsoever that shall any way contrary to the intent of these presents interrupt wrong or injure them in their said Trade within the said places Territories and Limits granted by this Charter and that it shall and may be lawful to and for the said Governor and Company and their Successors from time to time and at all times from henceforth to Erect and build such Castles Fortifications Forts Garrisons Colonies Plantations Towns or Villages in any parts or places within the Limits and Bounds granted before in these presents unto the said Governor and Company as they in their Discretions shall think fit and requisite and for the supply of such as shall be needful and convenient to keep and be in the same to send out of this Kingdom to the said Castles Forts Fortifications Garrisons Colonies Plantations Towns or Villages all of Clothing Provision of Victuals Ammunition and Implements necessary for such purpose paying the Duties and Customs for the same As also to transport and carry over such number of Men being willing thereunto or not prohibited as they shall think fit and also to govern them in such legal and reasonable manner as the said Governor and Company shall think best and to inflict punishment for misdemeanors or impose such Fines upon them for breach of their Orders as in these Presents are formerly expressed

AND FURTHER Our will and pleasure is And by these presents for us our heirs and Successors WE DO grant unto the said Governor and Company and to their Successors full Power and lawful authority to seize upon the Persons of all such English or any other of our Subjects which shall sail into Hudson's Bay or Inhabit in any of the Countries Islands or Territories hereby Granted to the said Governor and Company without their leave and Licence in that Behalf first had and obtained or that shall contemn or disobey their Orders and send them to England and that all and every Person and Persons being our Subjects any ways Employed by the said Governor andCompany within any the Parts places and Limits aforesaid shall be liable unto and suffer such punishment for any Offences by them committed in the Parts aforesaid as the President and Council for the said Governor and Company there shall think fit and the merit of the offence shall require as aforesaid. And in case any Person or Persons being convicted and Sentenced by the President and Council of the said Governor and Company in the Countries Lands or Limits aforesaid their Factors or Agents there for any Offence by them done shall appeal from the same That then and in such Case it shall and may be lawful to and for the said President and Council Factors or Agents to seize upon him or them and to carry him or them home Prisoners into England to the said Governor and Company there to receive such condign punishment as his Cause shall require and the Law of this Nation allow of and for the better discovery of abuses and injuries to be done unto the said Governor and Company or their Successors by any Servant by them to be employed in the said Voyages and Plantations it shall and may be lawful to and for the said Governor and Company and their respective Presidents Chief Agent or Governor in the parts aforesaid to examine upon Oath all Factors Masters Pursers Supra Cargoes Commanders of Castles Forts Fortifications Plantations or Colonies or other Persons touching or concerning any matter or thing in which by Law or usage an Oath may be administered so as the said Oath and the matter therein contained be not repugnant but agreeable to the Laws of this Realm

AND WE DO hereby straightly charge and Command all and singular our Admirals Vice-Admirals Justices Mayors Sheriffs Constables Bailiffs and all and singular other our Officers Ministers Liege Men and Subjects whatsoever to be aiding favouring helping and assisting to the said Governor and Company and to their Successors and to their Deputies Officers Factors Servants Assignees and Ministers and every of them in executing and enjoying the premises as well on Land as on Sea from time to time when any of you shall thereunto be required ANY STATUTE Act Ordinance Proviso Proclamation or restraint heretofore had made set forth ordained or provided or any other matter cause or thing whatsoever to the contrary in any wise notwithstanding.

IN WITNESS WHEREOF we have caused these our Letters to be made Patented WITNESS OURSELF at Westminster the second day of May in the two and twentieth year of our Reign By Writ of Privy Seal

Source: Statutes, Orders in Council &c, relating to the Hudson's Bay Company (London, 1949).