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Portugal, or on the sale of the goods; and he or his agents, on shipping those goods in the East Indies, caused them to be insured for a considerable sum of money.

In the month of December 1770, the first mentioned Portuguese ship, and on the 6th of April 1771, the other of them arrived at Lisbon, freighted with the goods of the appellant; and he, on receiving advice of their arrival, went from England to Lisbon, in order to dispose of his said goods, or to receive the money for which the same were sold in the East Indies; and he, or his agents, upon his arrival, or before, or soon after, caused the said goods to be sold, to the amount of £100,000 and upwards, and the produce thereof, or the money for which the same were sold in the East Indies, or a great part thereof, was paid to the appellant in Lisbon, or afterwards remitted to him in England.

In Trinity term 1771, the Company caused an information in the name of his Majesty's Attorney General at their relation, to be filed against the appellant in the Court of Exchequer, stating the several matters before set forth; and praying, that he might set forth an account of all his dealings and transactions in trade in, to, and from the East Indies, or any port, city, town, or place within the limits above mentioned, since the 24th of November 1766, and of all monies, goods, and merchandises produced or purchased by such trade, with the value thereof, and in parti-[425]-cular, of the several goods shipped and sent to Europe from the East Indies on his account, and for what the same were sold; and that he might also set forth an account of all such sums of money as were due to the Company on account of such unlawful trade, and that he might come to an account for all the goods and merchandise produced and purchased by such unlawful trade, or the value thereof, and for the damages due to the Company for the same, after the rate of £30 per cent. according to the value thereof in England; the Attorney General on behalf of his Majesty, and the Company, waiving all penalties and forfeitures incurred by the appellant for the matters in the information contained, or inquired after.

On the 18th of February 1772, the appellant put in a plea and answer to this information; and to so much thereof as sought a discovery of his trade and dealings in, to, and from the East Indies, or any place within the limits in the information mentioned, since the 24th of November 1766, and of the effects produced by such trade; and in particular of the goods therein mentioned to have been sent to Europe from the East Indies, or to compel him to account for such goods, or pay any damages to the Company for the same; he pleaded in bar, that King George II. by his letters patent, dated the 8th of January, in the 26th year of his reign, after reciting (among other things) that the East India Company, by a strict and equal administration of justice in the towns, factories, and places belonging to them in the East Indies, and other parts beyond the Cape of Good Hope to the Streights of Magellan, had very much encouraged, not only his own subjects, but likewise the subjects of other princes, and the natives of the adjacent countries, to settle in those towns, factories, and places for trade, by which means some of the said towns were become very populous, and especially the towns of Bombay or Calcutta, and parts before mentioned; and that in pursuance of the powers granted to the Company by his Royal predecessors, the Company, before the granting of the charter first thereafter mentioned, had constituted within the said factories, several officers, by the name of Governor and Council, and President and Council; but that there being great want in all those places of proper authority for the more speedy administering of justice in civil causes, and for the trying and punishing of capital and other criminal offences, misdemeanors, etc. committed within the districts and places aforesaid, and in other the Company's settlements, within the limits of trade granted to them; and for the better government of the several factories belonging to them within the same, his said Majesty granted to the Company and their successors, and by his said letters patent ordained, that there should be for ever thereafter, within the said factory of Fort William in Bengal, a corporation by the name of the Mayor and Aldermen of Calcutta, at Fort William in Bengal, which should consist of a Mayor and nine Aldermen, seven of which Aldermen, together with the Mayor, should be natural-born subjects of his Majesty, and the other two Aldermen might be foreign Protestants, the subjects [426] of any other prince or state in amity with him; and that the said cor-