All Terrain Thinking

A Compendium of things I think are Important

Documents of American History and Freedom

 

This copy of the Rules, Orders and bylaws of the Bank of England came from The History of the Bank of England, from the establishment of that Institution to the present day, by E. F. Thomas Fortune, published in 1797. The only intentional change made was to substitute the word “fund” for “fond”.

RULES, ORDERS, AND BY-LAWS

FOR THE

GOOD GOVENMENT OF THE CORPORATION

OF THE

GOVERNOR AND COMPANY OF THE BANK OF ENGLAND.

I. BY-LAW.

Elections, the Time, Manner, and Scrutiny.

WHEREAS it has been found by experience, that many incertainties and and inconveniences have happened for want of a due and regular method of proceeding at general courts of election, for remedy whereof in time to come,

It is hereby ordained and appointed, that at every general court for any election, every member qualified to vote, and being present, shall deliver, in writing or print, a note or list, containing the name or names of such person or persons (members of this corporation respectively qualified, according to the tenor of the charter) as he thinks fit, to serve and execute the office or employment, for which such election is to be had or made, and that at every general election each elector shall deliver in writing or print only the name of one person qualified for the place of governor, and only the name of one person qualified for the place of deputy-governor, and no more: and for directors, a list of the names of four and twenty persons qualified for directors, and no more nor less. And that in case any person shall deliver in writing or print any more than one name for the place of governor; one name for the place of deputy-governor; or a list of any more or less than four twenty names of persons qualified for directors, the same shall be reputed and deemed as no vote, and the said list and all the names therein shall be totally rejected.

And that in case at any general court of election of directors, any person shall in such list insert the names of any more than sixteen of those persons, who were chosen into, and did serve the office of directors, the then last preceding year, the same list shall in like manner be rejected.

And that if in any list of directors, there shall be inserted the name either of the governor or deputy-governor elected for the ensuing year, such list shall be rejected.

And that in case it shall happen that upon making the scrutiny for any election of governor, deputy-governor, or directors; any two or more persons qualified for the respective office or employment, for which he or they shall be named, shall have an equal number of votes which shall, or may entitle one, or more of them, to such office or employment; the election in such case, shall be determined and settled by the general court, in which such scrutiny shall be reported.

And that if on taking the scrutiny for any election of governor, deputy-governor, or directors, it shall fall out that two or more persons qualified for the office for which such election shall be made, have the same christian and sir names, and not distinguished by their additions, or that a wrong christian name in any note, or list, is placed to a sir name, when but one person of that sir name is qualified for the respective office, or that any literal mistakes be made in christian or sir names: in all and every the cases before men­tioned, such undistinguished wrong or mistaken name or names, shall be kept, and not thrown aside, or rejected, but the rest of the list shall be allowed: And the persons appointed to take the scutiny at such election, or so many as shall be present, may deter­mine the person, or persons intended by such undistinguished wrong, or mistaken name, or names, provided they, or the major part of them, shall agree in ascertaining the person, or persons so meant or in­tended. But in default thereof, the same shall be determined and settled by the general court, in which such scrutiny shall be reported.

And that no note or list shall be received for any election after the glass is finally sealed up, according to the time prefixed for the doing thereof, but such note or list shall be rejected.

And that if any member of this corporation shall hereafter use, or procure to be used, any indirect means, to obtain any vote, or votes, for the election of himself, or any other, to be governor, deputy-governor, or directors of this corporation; and be thereof declared guilty at a general court to be called for that purpose, such prson shall from thenceforth, for ever be incapable of being elected to, or holding any such office or place.

And that in all elections of committees hereafter to be had or made by a general court, the same orders, rules, and methods, (so near as the case will admit) shall be used, observed and kept, and under such penalties and disabilities, as are herein before prescribed, for or concerning the election of governor, deputy-governor, and directors.

And in case, at any annual general court of election, all the twenty-four directors for the preceding year, or more than two thirds of them shall happen to have the majority of votes, for being directors for the ensuing year, that then the remaining one third, or other less number of the said twenty-four, (over and above two thirds of them) as shall happen to have the fewest votes, shall be removed, and such eight or other less number of the other members of this corporation, qualified as aforesaid, who have the most voices next to those so removed, shall be, and be deemed and re­puted to be elected to succceed and serve as directors for the succceding year, in the stead and place of those so removed, and shall be admitted and sworn accord­ingly.

And that the first, second, third, fourth, seventh, and eighth paragraphs or clauses of this by-law shall be inserted at the end of every printed list, that shall be given out, at or before the annual elections of governor, deputy-governor, and directors, to the end the members of this corporatiom qualified to vote, may be well informed and directed in the giving in their votes.

II. BY-LAW.

Voting by the Ballot or by Lists, and choosing Officers.

Item, It is resolved and ordained that in all general courts upon any election, or other question to be made, or determined, concerning any one person, matter or thing only, the ballot shall be allowed and used, in case the same be demanded by any nine, or more members then qualified to elect and vote, and not otherwise.

And that in all general courts upon any election or question, to be made or determined, concerning more than one person, matter or thing, such election or question shall not be determined by the ballot; but by notes or lists in writing, of the members qualified to vote, put into a glass, in the same manner as the court of directors have been hitherto chosen; in case the said determination by notes or lists shall be demanded by any nine or more persons qualified to vote.

And further, that from and after the five and twentieth day of March, 1698, and so yearly, and every year forever, all and every the officers, ministers, agents, or servants, employed or to be employed by this corporation, or by the governor, deputy-governor, and directors, or any of them in the service of this corporation, shall be elected by the court of directors, every year, by the ballot, within thirty days after the general court, for the annual election of governor, deputy-governor, and directors.

III. BY-LAW.

Custody of the Common Seal, and how to be used.

Item, It is ordained, that the seal of this corpora­tion shall be carefully kept under three locks, the three keys whereof shall be severally kept by such three of the governor, deputy-governor, and directors for the time being, as the court of directors, from time to time shall empower to keep the same. And that the said seal shall not be affixed or set to any paper, or parchment, writing, or instrument whatsoever but by an order of the court of directors for that purpose first had and obtained: And also in the presence of three or more of the governor, deputy-governor, and directors for the time being.

IV. BY-LAW.

Keeping the CASH.

Item, It is ordained, that the cash of this corporation, (excepting such sum and sums of money, as shall, by the committee in waiting, subject to such regula­tions as the court of directors shall appoint, be thought necessary to be left in the hands of one or more of the cashiers, for running cash,) shall be carefully kept under three or more locks, the keys whereof shall be kept by such three or more of the governor, deputy-governor, and directors, as the said court of directors, from time to time shall empower to keep the same, each of the said persons keeping one of the said keys.

V. BY-LAW.

The Meeting and Business of Courts of Directors, and their Sub-Committees.

Item, For the more easy and safe dispatch of the business of this Corporation, to the honour and benefit thereof, it is resolved and ordained, that a court of directors shall be held once in every week at the least. And that such court may and shall from time to time (as occasions shall require) appoint subcommittees, and give all needful directions to such sub-committees, concerning what securities shall be taken for money to be lent, and of what nature, or kind; and also in what proportions, and touching and concerning all, and every other thing, and things, requisite in that behalf. And it is hereby ordained, that no money shall be lent upon any other sort of security, or in any other proportion, or to any other value, or otherwise disposed of, than what, or as, shall be from time to time first directed by the said court of directors. And that every sub-committe shall weekly lay before the said court of directors, so to be held as aforesaid, an account of what monies are or shall be then owing by this corporation under their common seal, and what securities shall have been taken, or other business transacted or negotiated by them, touching this corporation during the then last preceding week.

VI. BY-LAW.

Dealings of Governor, Deputy, and Directors, with the Corporation, not to be concealed.

Item, For the prevention of fraud and deceit in all and every the transactions of this corporation, it is resolved and ordained, that in all cases whatsoever, where the governor, deputy-governor, and directors of the corporation, or any of them, shall have any dealing or business with this corporation, upon their own ac­count, separately or in conjunction with any others, for or in respect of any tallies, bills of exchange, pawns, pledges, or other contract, or bargain whatsoever, by, or from, to, or with this corporation, that then and in every such case, such governor, deputy-governor, and director (so having any such business with this corporation, in manner as aforesaid) shall at time of his or their negotiating or transacting the same, declare and publish to the sub-committee for the time being, fully, fairly and clearly, such his share and interest, whether sole or joint with others, in all and every such affair or business by him or them so negotiated or transacted, as aforesaid, and all the particular circumstances thereof. And if any such governor, deputy-governor, or director, shall at any time wittingly or willingly offend contrary to this rule, ordinance, or by-law, such person so offending, being first accused thereof in any general court, and summoned to answer the same, and afterwards declared guilty thereof by another general court, shall immediately be­come and be deemed and reputed to be, incapable for ever, either of holding or enjoying, or being chosen a­gain into the said offices of governor, deputy-governor, directors, or any of them.

VII. BY-LAW.

The concerned in Debates to withdraw.

Item, It is resolved and ordained, that in all cases, where any question or debate shall at any time arise or be made, touching or concerning any person or persons, (members of this corporation) or concerning any matter or thing relating to any such person or persons, or wherein he or they shall be concerned, such person or persons, touching or concerning whom such question or debate is, or shall be had or made, shall have or give no vote relating thereto, but shall withdraw an be absent, during such debate concerning himself, or any matter or thing wherein he is concerned.

VIII. BY-LAW.

Borrowing on the Seal.

Item, It is hereby ordained; that the governor, deputy-governor, and directors, or any of them, shall not at any time hereafter, without the consent and direction of a general court first had, wittingly or willingly borrow, owe, or give security under the common seal, for any sum or sums of money, exceeding in the whole, at any one time, twelve hundred thousand pounds, or procure the borrowing, owing, or giving security for any such further sum or sums of money, by bill, bond, or other covenant or agreement, under the common seal of this corporation, as aforesaid; and in case the common seal shall be set or affixed to any bill, bond, or other agreement for money contrary to this ordinance or by-law, that then each and every the governor, deputy-governor, and directors, or other member of this corporation, who shall order, procure, consent, agree to, or wittingly approve of the same, and be thereof lawfully convicted, shall for every such offence severally forfeit to the said governor and company of the bank of England, the sum of one thousand pounds of lawful English money, and also all such further sum or sums of money, as the said governor and company of the bank of England shall be damnified for, or by reason thereof.

'

IX. BY-LAW.

Selling PAWNS.

Item, It is resolved and ordained, that all jewels, plate, bullion, or other goods, chattels or merchandizes whatsoever, which shall be pawned unto this corporation, or left and deposited therewith, as pawns, or pledges for money to be lent or advanced thereon, and not redeemed at the time agreed on, or within three months afterwards, shall (whensoever they are sold) be sold at a public sale, by inch of candle, in manner as in such cases is usual, upon three days notice thereof, first given by writing, on the Royal-Exchange, or upon such other public notice as the court of directors shall think fit. And the no sale of any such goods, chattels, or merchandizes (not redeemed as aforesaid) shall be had or made in any other manner.

X. BY-LAW.

For Transfers, and Registering Contracts, what to be paid.

Item, It is ordained, that upon all transfers to be made of any share or interest in the capital stock or fund of this corporation, the sum of five shillings and no more, shall be paid by the party, transfering to, and for the use of the corporation, for, and towards the bearing and defraying the charge of books, accomptants, law-duty, and other like expences. And that upon every promise, contract, bargain, covenant or agreement, to be made for the buying or selling of any share or interest, in the capital stock or fund of this corporation, or for transferring the property thereof in trust, or otherwise, which shall be brought to be registered in the book or books of the bank, the sum of two shillings, and no more, shall be paid for such registering (by the party desiring to register the same) to and for the use of this corporation.

XI. BY-LAW.

Against the Servants taking any Rewards.

Item, It is ordained, that no officer, servant, or other person whatsoever, employed, or which shall hereafter be employed by this corporation, for or about any business of the same, shall presume directly or indirectly to receive or take any fee, gratuity, or reward of an sort, kind, or quality whatsoever, for the doing or dispatching, or the not doing or delaying, any business or affair belonging to this corporation, or for any other reason or colour, or upon any account relating to his or their respective employment, or otherwise concerning this corporation, howsoever, from any person or persons whatsoever, other than only from this corporation, or by order thereof, or of the court of directors. And if any person or persons employed or to be employed, as aforesaid, shall offend contrary to this ordinance or by-law, such person shall be forever incapable of holding, or being chosen again into such his, their, or any other employment, in or under this corporation.

XII. BY-LAW.

General Courts, for Dividends, half Yearly.

Item, It is ordained, that twice in every year a general court shall be called and held for considering the general state and condition of this corporation, and for the making of dividends, out of all and singular the produce and profit of the capital slock and fund of this corporation, and the trade thereof; amongst the several owners and proprietors therein, according to their several shares and proportions: the one of which said courts shall be held on some day between the tenth and twenty-fifth day of September, and the other on some day between the tenth and twenty-fifth day of March, yearly.

XIII. BY-LAW.

Yearly Recompences to the Governor, Deputy-Governor and Directors.

Item, It is ordained, that the same recompences to the governor, deputy-governor, and twenty-four directors, which (pursuant to an order of the general court held the twenty-sixth of April, 1695) were presented them for the year 1696, be yearly continued to them respectively, until further order of the general court shall be made therein.

XIV. BY-LAW

Taking and Reading the Minutes of Courts.

Item, It is ordained, that the minutes of all debates, orders, resolutions and transactions, had, made and agreed on, at every general court and court of directors, shall hereafter be taken and written down by the secretary, or person chosen and sworn to be his assistant, in a book to be kept for that purpose; and that before any such courts shall be adjourned or dismissed, the minutes of that court shall be read over audibly, by the secretary, or by such his assistant, as aforesaid.

FINIS

The Charter of The Bank of England

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