•"^IS JIISTORV OF INMA. [Book II.
A.D. iGoo. large exercise of judicial and even political functions. Tliu.s 'all plantations, forts, fortifications, fiictories, or colonies, where the said Company's factoiies and trade are, or shall be in the East Indies, shall be immediately and from hencefoiih under the power and command of the said governor and Company,"
Judicial • ^ r m i ^ • • i ii-i ill
rowers. with " luU powcr and authoi'ity to appoint and establi.sh governors, and all other officers to govern them." The extent of the authority thus conferred is explained by its being added, that in eacli factory or place of trade the governor and his council " may have power to judge all persons belonging to the said governor and Company, or that shall live under them, in all caases whether civil or criminal, according to the laws of this kingdom, and to execute judgment accordingly."' As there might be factories where there were no governor and council, the chief factor and his council in such places were empowered, when any crime or misdemeanour was committed, " to transmit the party, together with the offence, to such other plantation, factory, or fort, where there is a governor and council, where justice may be executed, or into this kingdom of England, as shall be thought most convenient." One can hardly help remarking how very absolute these powers are, and how very liable they must have been to abuse. One of the most frec^uent forms of alleged misdemeanour must have been the invasion of the Company's exclusive privileges. In all such cases, the Company were the complaining parties ; and hence, in violation of all recognized rules of judicial procediu-e — at least tmder governments not actually despotic — they were in fact constituted judges in their own cause.
Military and Tlic military and political pri'ileges conferred are, if possible, still more ample.
poll Lies. I
powers. They include " free liberty and hcense for the said governor and Company, in case they conceive it necessary to send either ships of war, men, or ammuni- tion into any their factories, or other places of their trade in the said Ea.st Indies, for the security and defence of the same ; and to choose commanders and officers over them, and to give them power and authority by commissions under their common seal or otherwise, to continue or make peace or war with any prince or people that are not Christians in any places of their trade, or shall be most for the advantage and benefit of the said governor and Company and of their trade ; and also to right and recompence themselves upon the goods, estate, or people of these parts, by whom the said governor and Company may sustain any injury, loss, or damage, or upon any other people whatsoever that shall any ways interrupt, wi'ong, or injure them in their said trade within the said places, territories, and limits." Authority, moreover, is given " to erect and build such castles, fortifications, forts, gannsons, colonies or plantations at St. Helena, as also elsewhere" within their limits and bounds of trade, " as they in theu* discre- tions shall think fit and requisite ; and for the supph-ing of such as shall be requisite to keep and be in the same, to send out of this kingdom to the said castles," &c., "all kind of clothing, provision of victuals, ammunition, and imple- ments necessary for such ])urpose, without paying of any custom, subsidy, oi-
