contrary to our intentions hereinbefore expressed, our further will and pleasure is, and We do for Us our heirs and successors grant unto the said Royal African Company of England and their successors, that no Commissioners or other officers whatsoever that are or shall be appointed to manage the affairs of the Customs payable to Us our heirs or successors shall permit any entries to be made of any goods or mrechandise to be exported from any of our ports in our Kingdom of England for or to any of the parts aforesaid or of any goods or merchandise of the growth production or manufacture of the parts or places aforesaid of Guinny Binny Angola or South Barbary above limited or appropriated to the said [Company] to be imported other than such as from time to time shall be allowed of by the said Court of Assistants of the said Company or their successors under their common seal or the hands of the officer to be by them appointed to sit in the Custom House for that purpose:

And We do of our more especial grace and favour certain knowledge and mere motion for Us our heirs and successors give and grant unto the said [Company] that the Governor Sub-Governor Deputy Governor and Assistants of the said Company for the time being or any seven of them duly appointed in manner aforesaid shall and may have the ordering rule and government of all such forts factories and plantations as now are or shall be at any time hereafter settled by or under the said Company within the parts of Africa aforementioned, and also full power to make and declare peace and war with any of the heathen nations that are or shall be natives of any countries within the said territories in the said parts of Africa as there shall be occasion 1, [and also to appoint governors there with powers of raising troops and executing martial law; provision as to profits of gold mines ]:2

And for the more effectual encouragement of merchants that shall trade to those parts We have thought fit to erect and establish, and We do by these presents erect constitute and establish, a Court of Judicature to be held at such place or places fort or forts plantations or factories upon the said coasts as the said Company shall from time to time direct and appoint, which Court shall consist of one person learned in the Civil Laws and two merchants, Which said persons and such officers of the said Court as shall be thought necessary shall be nominated and appointed from time to time by the Court of Assistants or the major part of them, And which said person learned in the Civil Laws and two merchants or the major part of them, whereof the said person charter of 1683 (ante, p. lii.). 2 As above, p. 177.

This provision and those following it (except the clause as to gold mines) reappear in the same order in the East India

learned in the Civil Laws to be one, shall have cognizance and power to hear and determine all cases of forfeiture and seizures of any ship or ships goods and merchandises trading and coming upon any the said coasts or limits contrary to the true intent of these presents, and also all causes of mercantile or maritime bargains buying selling and bartering of wares whatsoever and all policies or acts of assurance all bills bonds or promises for payment of money on mercantile or trading contracts all charter parties or contracts for affreighting of vessels and wages of mariners and all other mercantile and maritime cases whatsoever concerning any person or persons residing coming or being in the places aforesaid, and all cases of trespasses injuries and wrongs done or committed upon the high sea or in any of the regions territories countries or places aforesaid concerning any person or persons residing coming or being in the places aforesaid:

All which cases shall be adjudged and determined by the said Court upon due examination and proof according to the rules of equity and good conscience and according to the laws and customs of merchants by such methods and rules of proceedings as We shall from time to time direct and appoint either under our Great Seal or Privy Seal, and, for want of such direction and until such direction shall be made, by such ways and means as the Judges of the said Courts shall in their best judgment and direction think meet and just whether it be a summary way or otherwise according to the exigency of the several cases that shall be brought to judgment before them, And all judgments determinations or decrees made in the said Courts are to be put in writing and signed by the persons that were present at the making of the same, and shall contain a short state of the matter of fact as it appeared to them and their sentence and adjudication thereupon:

[The Company to enjoy privileges in City of London as fully as other Companies]:

[Admirals Vice-Admirals &c. to be aiding &c.]:

[Grant to be valid and favourably construed, any omission notwithstanding]:

[Although express mention &c.]:

In witness &c., witness the King at Westminster the seven and twentieth day of September

by the King.

THE YORK BUILDINGS CONCESSION.1

(Patent Rolls, 27 Car. II., pt. i.)

CHARLES THE SECOND by the Grace of God &c., To all to whom these presents shall come, Greeting:

We, being informed by the humble petition of Ralph Bucknall and Ralph Wayne, gentlemen, that We by Letters Patents under our Great Seal of England dated the sixth day of May in the seventeenth year of our reign 2 were pleased to empower Francis Williamson Esquire, deceased and Ralph Wayne, gentleman, to convey certain springs of water to and for the use of the inhabitants of Saint James Fields Piccadilly Charing Cross and parts adjacent, And that upon their humble petition We would grant such further power and licence as should be necessary for the further and better supply of the said inhabitants,

And whereas, they the said Ralph Bucknall and Ralph Wayne desiring licence for the raising of Thames water and conveying the same from York House Garden to the places aforesaid and elsewhere to such persons as shall desire it, it was the three and twentieth day of October last ordered that Sir Christopher Wren, our Surveyor General of our Works, should examine the business and view the place where the Petitioners would raise the water and thereupon report what annoyance or inconvenience might happen to the inhabitants thereabouts by granting the Petitioners' request, In pursuance whereof the said Sir Christopher Wrenn did the fourth day of November last report that he had viewed the place where the Petitioners intend to raise the Thames water and seen the design of the engine and did not conceive it would be any annoyance, the work moving easily and without noise, and that he had also seen a paper expressing the desire of the inhabitants that the said work should be effected, to which the hands of many persons of quality were affixed, and did conceive, the work being chargeable, the prejudice, if any, would redound only to the undertakers and such others who have already grants for deriving water and not to the inhabitants if the water may be afforded at as easy rates as otherwise,

Which report having been read before Us in Council the said fourth of November, and We taking the same into consideration as also the advantages and usefulness of the Petitioners' design to the public, We were thereupon pleased to express our gracious inclination to condescend unto the Petitioners' request,

But lest this concession should any ways prejudice the Corporation of the New River, which is a work of that consequence as deserves all due encouragement, We thought fit that the Governor and Company of the said New River should have notice thereof, to the end that, if they had any reasons to object against the licence desired by the Petitioners, they might attend Us therewith with Counsel, which accordingly they did the four and twentieth day of November last,

And, both parties attending and being fully heard by their Counsel learned, We upon mature consideration of all that was alleged on both sides were pleased to declare, and accordingly it was ordered by Us in Council with the consent of both parties, that a Patent should be forthwith prepared and passed under the Great Seal of England giving free licence and authority unto the said [Bucknall and Wayne] and their assigns to set up their engine at York House Garden as aforesaid, and from thence to convey Thames water to such of the inhabitants of Saint James Fields Piccadilly Charing Cross and elsewhere to such persons as shall desire the same,

Now know ye that We, for the promoting and advancing of so public and good a work and considering what great charge and expense the said [Bucknall and Wayne] must be at in effecting and doing the same, of our especial grace certain knowledge and mere motion have given and granted [and hereby for Us our heirs &c. grant &c.] unto the said [Bucknall and Wayne], their executors administrators and assigns, free licence liberty power and authority to erect and build a waterwork and waterhouse near our River of Thames in and upon part of the ground of York House or York House Garden being their own ground, and to make dig and lay ponds pipes and cisterns in and to our said River and take and receive water from the same from time to time and at all times during the term hereunder granted, for supplying furnishing and storing of the said waterwork and waterhouse with water for supply of the inhabitants [aforesaid and elsewhere desiring the same] at reasonable and usual rents and rates:

And We do further upon the considerations aforesaid give and grant unto the said [Bucknall and Wayne, their executors &c.;] free leave licence power and authority to lay pipes from the said waterwork so intended to be made in and through the places aforesaid and all other streets and places whatsoever as occasion shall require, And to dig and make store cisterns and such other receipts and conveniencies for holding of water and supplying the inhabitants [aforesaid] and elsewhere as shall be necessary:

And the pavement and ground in all every or any the parts streets lanes and places aforesaid at all or any time or times during the term

hereunder mentioned to break up dig and sink for the making of the said cisterns and laying of the said pipes for the passage and conveyance of the water as aforesaid, immediately so soon as may be filling up the same ground and making good the pavements and having first the consent and agreement of the owners and possessors of such lands or grounds so to be broken up, not being streets or common ways or passages:

And the grounds streets and places with such consent as aforesaid at all time and times to dig and break for the repair and amendment of all and every or any of the said pipe or pipes, and branches from the main pipe and pipes to lay and place for the carrying and conveying of water to all and every or any the inhabitants' houses, and the grounds and pavements to dig and break for the laying of such branches, making the said grounds and pavements good again as aforesaid :

To have and to hold the said licence [to build a waterhouse, lay and repair pipes, break ground &c. as above] unto the said [Bucknall and Wayne, their executors &c.], from the date of these presents unto the full end and term of ninety and nine years from thence next ensuing and fully to be complete and ended, Yielding and paying therefore yearly unto Us our heirs and successors the rent of five shillings of lawful money at the Feast of Saint Michael the Archangel :

And for the said Ralph Bucknall and Ralph Wayne's more secure enjoyment of this our licence and liberty and for their encouragement in their proceeding in so good a work, We do hereby prohibit and forbid all persons whatsoever to disturb or molest the said [Bucknall and Wayne] or any of their servants or workmen executors administrators or assigns digging the said streets and places and laying and amending of pipes in manner aforesaid, and not to break spoil hurt or damage the pipes so intended to be laid nor to hinder stop or molest the free current and passage of water in the said intended pipes:

And We do hereby for Us our heirs and successors declare upon humble request in that behalf from time to time to make and give the said [Bucknall and Wayne, their executors &c.,] such further assurance for their quiet enjoyment of the said waterhouse and laying of pipes and amending of the same and further enjoyment of this our grace and favour to them as to our Attorney General for the time being shall be thought meet and expedient:

Provided always, and our intent and meaning is and is hereby declared to be, and this our grant is upon this condition, that they the said [Bucknall and Wayne, their executors &c.] shall not at any time hereafter assign or transfer these our Letters Patents or the powers and privileges hereby granted or any part thereof to the Governors and