BETWEEN THE EAST INDIA COMPANY AND THE RIGHT HON. LORD CLIVE.
Preamble.
This Indenture, made the 6th day of April, in the tenth year of the reign of our sovereign Lord George the Third, by the grace of God, of Great Britain, France, and Ireland, king, defender of the faith, and in the year of our Lord 1770; between the United Company of Merchants of England trading to the East Indies, of the one part, and the Right Honourable Robert Lord Clive, Baron of Plassey, in the kingdom of Ireland, and Knight of the Most Honourable Order of the Bath, of the other part. Whereas Meer Mahomed Jaffier Cawn, deceased, late Nabob of the kingdom or province of Bengal, did before his death, in the presence of three witnesses, (to wit) Najim al Dowla, his son, Lady Begam, his wife, and Meha Rajah Nuncomar, according to the form and manner of testamentary acts used in that country, bequeath unto the said Robert Lord Clive, out of the monies and effects which the said nabob had in his possession, the sum of three lacks of rupees, 50,000 rupees in money, 50,000 rupees in jewels, and one lack in gold mohurs, in all five lacks of rupees, as by the contents of the said bequest, contained in three certificates, made by the aforesaid witnesses, in the Persian language, and the translations thereof into the English language, now in the custody of the said Company, may more fully appear: And whereas, at the time of the said Meer Jaffier's death, the said Robert Lord Clive was at sea, on his voyage from England to India, and after his arrival in the province of Bengal, Najim al Dowla, eldest son of the said Meer Jaffier, did, agreeably to the commands of his said father, pay to the said Robert Lord Clive the said five lacks of sicca rupees, of the value of 62,833l. 6s. 8d. sterling, which the said Robert Lord Clive paid into the said East India Company's treasury at Calcutta, at different times, in the year of our Lord 1766, and thereupon notes were signed to his Lordship for the same five lacks of sicca rupees, carrying interest after the rate of 8l. per cent. per annum sterling, until paid: And whereas the said Robert Lord Clive, being zealous for the prosperity of the said Company, the security of their territories and territorial revenues in India belonging to them, and their trade and commerce, which greatly depend on the bravery and conduct of the said Company's troops, and considering that the establishment of a provision for such of the officers and private men employed in the Company's service as should be disabled by age, war, or disease contracted during their service, would tend to induce fit persons to enter into the said service, and encourage the bravery of the soldiery employed therein, hath proposed to the Court of Directors of the said United Company to appropriate the interest of the said five lacks of rupees for the support of a certain number of officers, non-commission officers, and private men, in the service of the said Company, who from wounds, length of service, or diseases contracted during their service, were unable or unfit to serve any longer, and whose fortunes might be too scanty to afford the officers a decent, and the private men a comfortable, subsistence in their native country; and also to make some provision for the widows of such officers and private men, as should have been entitled to the said bounty, or whose husbands should have lost their lives in the said United Company's service: And whereas Syf-ul Dowla, the present Nabob of Bengal aforesaid, hath given to the said United Company the sum of three lacks of rupees, as an addition to the above-mentioned fund: And whereas the said three lacks of rupees were carried to account in the said United Company's treasury, in the month of April, 1767, and the said Company's note for the said three lacks of sicca rupees, amounting to the sum of 37,700l. sterling, carrying interest after the rate of 8l. by the hundred by the year, was issued from the said Company's treasury at Calcutta, payable to the said Robert Lord Clive: And whereas the said Robert Lord Clive hath also proposed that the said Court of Directors, and their successors, shall be perpetual trustees of the said fund of five lacks of rupees, as well as of the said three lacks of rupees, for the due application and appropriation of the interest and produce thereof, which said trust the said Court of Directors have consented and agreed to accept of: And whereas it has been agreed by and between the said Robert Lord Clive and the said Court of Directors, that the said eight lacks of rupees shall, from the 29th day of September, which was in the year of our Lord 1766, carry interest at and after the said rate of 8l. by the hundred by the year,[A] upon and subject to the several trusts, conditions, agreements, and provisoes herein-after mentioned: And whereas the said Robert Lord Clive, in pursuance of the said agreement, hath delivered up the said cash notes for five lacks, and three lacks of rupees, to the said Court of Directors, to be cancelled: Now this Indenture witnesseth, that for the better and more effectually carrying the aforesaid agreement into execution, it is hereby mutually covenanted, concluded, declared, and agreed, by and between the said Robert Lord Clive and the said United Company, that the said eight lacks of rupees shall remain in the hands or treasury of the said United Company, who shall yearly, and every year, at their house or office in Leadenhall Street, London,[B] or in any other house or place where the business of the said Company shall be transacted and carried on, pay and allow the sum of 8042l. 13s. 4d. of lawful money of Great Britain, for and in lieu of interest of the said eight lacks of rupees, being after the rate of 8l. by the hundred by the year, to such persons, in such proportions, and for such purposes, as are herein-after mentioned of and concerning the same. And it is further covenanted, concluded, and agreed upon, between the said parties, that [C]the Court of Directors of the said United Company, and their successors, shall be perpetual trustees, subject to the agreements and provisoes herein-after contained, of the said fund of eight lacks of rupees, for the due application and appropriation of the interest and produce thereof, from the 29th day of September[D] last past, to and amongst, and for the relief and maintenance of European officers and soldiers,[E] who shall become invalids or superannuated in the said United Company's service, and of their widows, and also the widows of such officers and soldiers as shall die in the said United Company's service, in the shares, dividends, and proportions following; (that is to say,) to all commissioned and staff or warrant officers,[F] one moiety or half part of the ordinary stated pay they were respectively entitled to whilst in commission or service; to all serjeants, corporals, and private men,[G] the like pay as is allowed and payable to the out-pensioners, of the same ranks or degrees, belonging to Chelsea Hospital; and to the several widows[H] of all such officers and soldiers, one quarter or fourth part of the ordinary stated pay their respective husbands were entitled to when in the said United Company's service, yearly and every year, during their several and respective natural lives.[I] But it is declared, that the provisions hereby intended for such widows shall be paid upon such certificates and testimonials[J] only as the Court of Directors for the time being shall think reasonable or necessary to entitle them thereunto, and shall be payable during their respective widowhoods, but no longer;[K] and in case of their intermarriages, then such provision shall from thenceforth cease. Provided always, and it is hereby further concluded and agreed upon, by and between the said parties, that no officer or soldier is to be or shall be entitled to any bounty or provision, under or by virtue of these presents, unless he shall, in the judgment of the Court of Directors of the said United Company for the time being,[L] be found disabled by wounds, or rendered incapable by age or other accidents, and unless he shall produce a certificate from and under the hand of[M] his commanding officer of his being an invalid, and rendered incapable of further service in India, together with an approbation of such certificate by the Governor and Council of the Presidency where such officer shall have served; but nevertheless, if any officer or soldier in the said Company's service, residing or being in England, shall apply to the said Court of Directors to be admitted to the said bounty or provision, the said Court of Directors shall admit such officer or soldier thereunto, if they shall adjudge him to be a proper object of such bounty. Provided also, and it is hereby further concluded and agreed upon, that the bounty or provision hereby intended for and in favour of the said officers, is only to extend to such of them as shall be obliged, through any of the misfortunes above-mentioned, to return to England in indigent circumstances; and that all and every such officers applying for such bounty shall, previous to their becoming entitled thereto, according to their several ranks or commissions, make oath in the most solemn manner, before the Governor and Council, to the purport and effect following; (that is to say,) [N]a colonel shall swear that he, or any person or persons in trust for him, is or are not seised or possessed of or entitled unto any real and personal estate, to the amount in value together of 4,000l.; a lieutenant-colonel, to the amount in value of 3,000l.; a major, to the amount in value of 2,500l.; a captain, to the amount in value of 2,000l.; a lieutenant, to the amount in value of 1,000l.; and an ensign or cornet, to the amount in value of 750l. And in case of the death of any officer of the ranks above mentioned in the said United Company's service, the[O] widow of every such officer, before she shall be admitted to partake of the said bounty or pension, shall produce and lay before the Court of Directors of the said United Company such evidence as to them shall seem reasonable, that her husband, under whom she derives such claim, did not die seised or possessed of real and personal estate to the amount herein-before specified, according to his respective rank in the said service. Provided nevertheless, and it is further concluded and agreed upon, that the several persons applying for the benefit of the said fund or bounty shall be admitted and become entitled thereto,[P] according to the times of their respective arrivals in England; and in case [Q]any disputes or differences shall happen or arise, touching or concerning the qualifications of persons claiming right to pensions under these presents, or the distribution thereof, or the times of their being respectively entitled thereto, such differences or disputes shall, from time to time, be decided and adjusted by the Court of Directors of the said United Company, and not otherwise.[R] And whereas the interest due from the said United Company upon the said cash notes herein-before mentioned amounted, on the 29th day of September last, to the sum of 24,128l., now it is hereby further concluded and agreed, by and between the said parties to these presents, that the said sum of 24,128l. shall remain in the hands of the said United Company in India, and shall be deemed and considered as capital, and shall carry interest from the said 29th day of September last, at and after the rate of 8l. by the hundred by the year, which [S]interest or yearly produce thereof shall be from time to time paid, disposed of, and distributed by the Court of Directors of the said United Company for the time being, in the first place, for the discharging all incident charges and expenses attending carrying into execution the fund hereby established, and subject thereto, unto and amongst such objects of charity, belonging to the said United Company's military service, or the widows or families of such objects, as the said Court of Directors shall in their discretion think fit. Provided also, and the said United Company do hereby covenant, promise, and agree, to and with the said Robert Lord Clive, his executors, administrators, and assigns, that in case the said United Company shall at any time hereafter, by any means whatsoever,[T] otherwise than by the fate of war, be dispossessed or deprived of, or part with their territorial possessions in Bengal, and the revenues arising thereby, so that the jaghire granted unto and now enjoyed by the said Robert Lord Clive shall, during the term agreed upon between the said United Company and the said Robert Lord Clive for the continuation thereof, cease to be paid unto his said Lordship, or his assigns, or in case the said United Company shall, at any time before the year of our Lord 1784, [U]cease to employ and maintain in their immediate pay and service a military force in the East Indies, then and in either of the said cases, the said United Company shall and will forthwith pay unto the said Robert Lord Clive, his executors, administrators, or assigns, at their treasury in Calcutta aforesaid, the full sum of five lacks of sicca rupees, to and for his and their own proper use and benefit, but subject nevertheless with the interest of the aforesaid three lacks of rupees, in the proportion the said respective sums bear to each other, to the payment of all such pensions and annuities, as shall, at the time either of the aforesaid contingencies shall happen, be payable out of or chargeable upon the said trust fund, which said pensions and annuities it is hereby fully understood and agreed, shall continue to be paid and payable out of the interest of the said eight lacks of rupees, or such part thereof as shall be wanting and necessary, during the lives of the several persons then entitled thereto. And it is hereby further concluded and agreed upon, between the said parties to these presents, that in case, at any time after the commencement of the said year of our Lord 1784, it shall so happen that the said United Company shall have no military force in their actual pay or service in the East Indies, that then and in such case the interest and produce of the said trust fund of eight lacks of rupees shall from thenceforth, from time to time, be applied, paid, and distributed towards the support, relief, and provision of marine officers and seamen who shall become invalids or superannuated in the said United Company's service, and the widows of such of them as shall die in the said service, during their respective widowhoods only, in such shares and proportions, in manner and form, as, in case such event shall happen, shall be concluded and agreed upon between the said United Company and the said Robert Lord Clive, or his legal representative or representatives. And lastly, it is hereby expressly stipulated and agreed, and the said United Company do hereby covenant with the said Robert Lord Clive, his executors, administrators, and assigns, that in case it shall happen that the said United Company, after the commencement of the said year of our Lord 1784,[V] shall cease to employ a military force in their actual pay and service in the East Indies, and also ships for carrying on their trade and commerce, then and in such case, as soon as the said event shall happen, the said United Company shall and will pay unto the said Robert Lord Clive, his executors, administrators, or assigns, for his and their own use, at their treasury in Calcutta aforesaid, the full sum of five lacks of sicca rupees, but subject nevertheless with the interest of the said three lacks of rupees, in the proportion the said sums bear to each other, to the payment of all such pensions and annuities, for the lives of the persons then entitled thereto only, as shall, at the time such event shall happen, be payable out of or chargeable upon the said trust fund, according to the true intent and meaning of these presents. In witness whereof the said United Company have hereunto affixed their common seal, and the said Robert Lord Clive hath set his hand and seal, the day and year first above written.
(Company's Seal.) (L.S.) CLIVE.
Sealed and delivered, being first duly stamped, by the within-named Robert Lord Clive, in the presence of
Richard Holt,
Thomas Morton.
GENERAL REGULATIONS
FOR TRANSACTING THE BUSINESS OF THE MILITARY FUND.