The words, however, of the Imperial Attorney-General and Solicitor-General, Messrs. Bethel and Keating, of Lincoln's Inn, when appealed to by the British Parliament, are very wise: "The questions of the validity and construction of the Hudson's Bay Company Charter cannot be considered apart from the enjoyment that has been had under it during nearly two centuries, and the recognition made of the rights of the Company in various acts, both of the Government and Legislature."
The bestowal of such great privileges as those given to the Hudson's Bay Company are easily accounted for in the prevailing idea as to the royal prerogative, the strong influence at Court in favour of the applicants for the Charter, and, it may be said, in such opinions as that expressed forty years after by Oldmixon: "There being no towns or plantations in this country (Rupert's Land), but two or three forts to defend the factories, we thought we were at liberty to place it in our book where we pleased, and were loth to let our history open with the description of so wretched a Colony. For as rich as the trade to those parts has been or may be, the way of living is such that we cannot reckon any man happy whose lot is cast upon this Bay."
The Charter certainly opens with a breath of unrestrained heartiness on the part of the good-natured King Charles. First on the list of recipients is "our dear entirely beloved Prince Rupert, Count Palatine of the Rhine, Duke of Bavaria and Cumberland, etc," who seems to have taken the King captive, as if by one of his old charges when he gained the name of the fiery Rupert of Edgehill. Though the stock book of the Company has the entry made in favour of Christopher, Duke of Albemarle, yet the Charter contains that of the famous General Monk, who, as "Old George," stood his ground in London during the year of the plague and kept order in the terror-stricken city. The explanation of the occurrence of the two names is found in the fact that the father died in the year of the granting of the Charter. The reason for the appearance of the name of Sir Philip Carteret in the Charter is not so evident, for not only was Sir George Carteret one of the promoters of the Company, but his name occurs as one of the Court of Adventurers in the year after the granting of the Charter. John Portman, citizen and goldsmith of London, is the only member named who is neither nobleman, knight, nor esquire, but he would seem to have been very useful to the Company as a man of means.