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<DATE>2013-07-17</DATE>
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<NAME>Sarah Wingo</NAME>
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<VID>206267</VID>
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<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1">
<PB REF="2" MS="y">
<P>A Full and Exact COLLECTION OF All the Con&s;iderable Addre&s;&s;es, Memorials, Petitions, An&s;wers, Proclamations, De|clarations, Letters and other Publick Papers, Relating to the Company of <HI>SCOTLAND</HI> Trading to <HI>AFRICA</HI> and the <HI>INDIES,</HI> &s;ince the pa&s;&s;ing of the Act of Parliament, by which the &s;aid Company was e&s;tabli&s;hed in <HI>June</HI> 1695, till <HI>November</HI> 1700.</P>
<P>Together with a &s;hort Preface (including the Act it &s;elf) as al&s;o a Table of the whole Contents.</P>
<Q><L>- For&s;an &amp; haee olim memini&s;&s;e Juvabit.</L>
<BIBL><HI>Virg.</HI></BIBL></Q>
<Q><L>Grata &s;uperveniet, quae non <GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">perabitur hora.</L>
<BIBL><HI>Hor.</HI></BIBL></Q>
<P>Printed in the Year 1700,</P>
</DIV1>
<DIV1 TYPE="preface">
<PB REF="3">
<PB N="1" REF="3">
<HEAD>The Preface.</HEAD>
<P>THe Endeavours of the Company of <HI>Scotland</HI> Trading to <HI>Africa</HI> and the <HI>Indies</HI> in establi&s;h|ing a Colony and Settlement in &s;o important a place as that <HI>I&s;thmus,</HI> or narrow neck of Land (commonly called <HI>Darien</HI>) &s;ituated upon the hight of the World, between the &s;pacious South and North Seas, and con&s;e|quently a fit Center for &s;o extended and univer&s;al a Trade as &s;eems to have been intended by the Act of Parliament establi&s;hing that Company, having not on|ly been the Subject-Matter of a great deal of Di&s;cour&s;e and Speculation, both Abroad and at Home, but al&s;o rai&s;ed the Jealou&s;y of &s;ome, and the Envy of others of the most con&s;iderable Courts in Europe; That, together with the continued cour&s;e of Oppo&s;ition which the Com|pany met with, in all its De&s;igns and Undertakings, gave occa&s;ion to the Writing of &s;everal very Ingenious Books concerning it. But the&s;e Books referring very of|ten to &s;everal publick Papers contain'd in this Collection, it is humbly pre&s;um'd that of all that has been written upon that Subject, nothing can be more acceptable to the Publick, nor of more real u&s;e, in giving a juct View to indifferent Per&s;ons, of po&s;itive Matters of Fact, without any artificial Embelli&s;hments or Reflections thereupon, than the following Collection, taken as near as po&s;&s;ible from the very Original Papers them&s;elves.</P>
<PB N="ii" REF="4">
<P>It's true there was a &s;mall Collection of this kind Printed formerly, under the Title of <HI>Original Papers, &amp;c.</HI> But the ha&s;te in which, it &s;eems, that Collection was done, giving probably occa&s;ion to its being very im|perfect in many re&s;pects, and it containing &s;carcely the Third Part of what this does, it was thought fit for the General Satisfaction of all contending Parties and others, to make this Collection with more deliberation, and as compleat as po&s;&s;ible, to the end that there may be no occa|&s;ion for any further Additions to it, unle&s;s future events afford matter for a Second Volume:</P>
<P>And that the Reader may likewi&s;e &s;ee how far the mea&s;ures taken by the Company are warranted by the Act of Parliament by which it was establi&s;hed, an exact Copy of the Act of Parliament it &s;elf, is hereunto &s;ubjoyned.</P>
</DIV1>
<DIV1 TYPE="act">
<PB N="iii" REF="4">
<HEAD>ACT FOR A COMPANY Trading to <HI>AFRICA</HI> and the <HI>INDIES.</HI></HEAD>
<OPENER><DATELINE><DATE><HI>June</HI> 26. 1695.</DATE></DATELINE></OPENER>
<P>_OUR SOVERAIGN LORD Taking in|to His con&s;ideration; That by an Act pa&s;t in this pre&s;ent Parliament, Intitu|led, <HI>Act for Encouraging of Forraign Trade;</HI> His Maje&s;ty for the Improve|ment thereof, did with Advice &amp; Con|&s;ent of the E&s;tates of Parliament Statute and Declare, that Merchants more or fewer may Contract and enter into &s;uch Societies and Companies for car|rying on of Trade, as to any Subject of Goods or Merchandi&s;e to what&s;omever Kingdoms, Countries, or Parts of the World not being in War with His Maje&s;ty, where Trade is in u&s;e to be, or may be followed, and particularly be&s;ide the Kingdoms and Countries of <HI>Europe,</HI> to the Ea&s;t and <HI>We&s;t-Indies,</HI> the <HI>Streights</HI> &amp; to Trade in the <HI>Mediterranean.</HI> or upon the Coa&s;t of <HI>Africa,</HI> or in the <HI>Northern</HI> Parts, or el&s;e where as above: Which Societies and Companies being contracted and entred into, upon the terms, and in the u&s;ual manner as &s;uch Companies are &s;et up, and in u&s;e in other parts, con&s;i&s;tent always with the Laws of this King|dom: His Maje&s;ty with con&s;ent fore&s;aid, did allow and Ap, prove, giving and granting to them, and each of them, all
<PB N="iv" REF="5">Powers, Rights and Priviledges, as to their Per&s;ons, Rules and Orders that by the Laws are given to Companies allowed to be Erected for Manufactories; And His Maje&s;ty for their greater Encouragement, did promi&s;e to give to the&s;e Companies, and each of them, His Letters patent under the Great Seal, con|firming to them the whole fore&s;aid Powers and Priviledges, with what other Encouragement His Maje&s;ty &s;hould judge need|full, as the fore&s;aid Act of Parliament at more length bears. And His Maje&s;ty under&s;tanding that &s;everal Per&s;ons, as well Forreigners as Natives of this Kingdom, are willing to engage them&s;elves with great Sums of Money in an <HI>American; African,</HI> and <HI>Indian</HI> Trade, to be exerci&s;ed in and from this Kingdom, if Inabled and Incouraged thereunto by the Conce&s;&s;ions, Powers and Priviledges needfull and u&s;ual in &s;uch Ca&s;es. Therefore and in pur&s;uance of the fore&s;aid Act of Parliament, His Maje&s;ty with Advice and Con&s;ent of the &s;aid E&s;tates of Parliament; Doth hereby make and con&s;titute <HI>John</HI> Lord <HI>Belhaven, Adam Cockburn</HI> of <HI>Ormi&s;toun</HI> Lord Ju&s;tice Clerk, Mr. <HI>Francis Montgomery</HI> of <HI>Gif|fen,</HI> Sir <HI>John Maxwell</HI> of <HI>Pollock,</HI> Sir <HI>Robert Chie&s;ly</HI> pre&s;ent Provo&s;t of <HI>Edinburgh, John Swinton</HI> of that Ilk, <HI>George Clerk</HI> late Baillie of <HI>Edinburgh,</HI> Mr. <HI>Robert Blackwood,</HI> and <HI>James Balfour</HI> Mer|chants in <HI>Edinburgh,</HI> and <HI>John Cor&s;s</HI> Merchant in <HI>Gla&s;gow. Willi|am Pater&s;on</HI> E&s;quire, <HI>James Foulis, David Nairn</HI> E&s;quire, <HI>Thomas Deans</HI> E&s;quire, <HI>James Chie&s;ly; James Smith, Thomas Couts, Hugh Frazer, Jo&s;eph Cohen D' Azevedo,</HI> and <HI>Walter Steuart</HI> Mer|chants in <HI>London,</HI> with &s;uch others as &s;hall joyn with them with|in the &s;pace of twelve Months after the fir&s;t of <HI>Augu&s;t</HI> next, and all others, whom the fore&s;aid per&s;ons and the&s;e joyned with them, or major part of them being a&s;&s;embled, &s;hall admit and joyn into their Joint-Stock and Trade, who &s;hall all be Re|pute, as if herein originally in&s;ert to be one Body Incorporate, and a free Incorporation, with perpetual Succe&s;&s;ion, by the Name of the CGMPANY <HI>of</HI> SCOTLAND <HI>Trading to</HI> Africa <HI>and the</HI> Indies: <HI>Providing always, Likeas,</HI> It is hereby in the fir&s;t place provided, that of the Fond or Capital Stock that &s;hall be agreed to be Ad|vanced and Imployed by the fore&s;aid Undertakers and their Co|partners, The Half at lea&s;t &s;hall be Appointed and Allotted for <HI>Scots</HI> Men within this Kingdom, who &s;hall enter and Sub&s;cribe to the &s;aid Company, before the fir&s;t day of <HI>Augu&s;t,</HI> One Thou|&s;and Six Hundred and Ninety Six Years: And if it &s;hall happen, that <HI>Scots</HI> Men living within this Kingdom, &s;hall not betwixt and the fore&s;aid Term, &s;ub&s;cribe for, and make up the equal half of the &s;aid Fond or Capital Stock; Then and in that ca&s;e allennar|ly
<PB N="v" REF="5">it &s;hall be, and is hereby allowed to <HI>Scots</HI> Men re&s;iding a|broad, or to Forreigners, to come in, Sub&s;cribe, and to be a&s;|&s;umed for the Superplus of the &s;aid half, and no otherways: <HI>Likeas,</HI> the <HI>Quota</HI> of every Mans part of the &s;aid Stock, where|upon he &s;hall be capable to enter into the &s;aid Company, whether he be Native or Forreigner, &s;hall be for the lea&s;t, one Hundred <HI>lib. &s;terl.</HI> And for the Highe&s;t or Greate&s;t, Three Thou&s;and <HI>lib. Sterl.</HI> and no more directly nor indirectly in any &s;ort; With power to the &s;aid Company to have a common Seal, and to alter and Renew the &s;ame at their plea&s;ure; with Advice always of the Ly|on King at Arms, As al&s;o to plead and Sue, and be Sued, and to purcha&s;e, Acquire, Po&s;&s;e&s;s, and enjoy Lord&s;hips, Lands, Tene|ments or other E&s;tate Real or Per&s;onal, of what&s;oever Nature or Quality, and to di&s;po&s;e upon and alienate the &s;ame, or any part thereof at their plea&s;ure, and that by Transfers and A&s;&s;ignments made and entred in their Books and Records, without any other Formality of Law: Providing always, that &s;uch Shares as are fir&s;t &s;ub&s;cribed for, by <HI>Scots</HI> Men within this Kingdom &s;hall not be alienable to any other than <HI>Scots</HI> Men living within this King|dom; That the fore&s;aid Transfers and Conveyances as to Lands and other real E&s;tate (when made of the&s;e only and a part) be perfected according to the Laws of this Kingdom anent the Conveyance of Lands and Real-Rights, with power likeways to the fore&s;aid Company, by Sub&s;criptions or otherways, as they &s;hall think fit to rai&s;e a Joynt-Stock or Capital Fond of &s;uch a Sum or Sums of Money, and under, &amp; &s;ubject unto &s;uch Rules, Conditi|ons and Qualifications, as by the fore&s;aid Company, or major part of them when a&s;&s;embled &s;hall be Limited and Appointed to begin, carry on and &s;upport their intended Trade of Navigation, and whatever may contribute to the Advancement thereof. <HI>And it is hereby Declared,</HI> that the &s;aid Joynt-Stock or Capital Fond, or any part thereof, or any E&s;tate Real or Per&s;onal, Ships, Goods, or other Effects of &amp; belonging to the &s;aid Company &s;hal not be lyable unto any manner of Confi&s;cation, Sei&s;ure, Forfaulture, At|tachment, Arre&s;t or Re&s;traint, for and by Rea&s;on of any Embar|go, breach of Peace, Letters of Mark or Repri&s;al, Declaration of War with any Forreign Prince, Potentate or State, or upon a|ny other account or pretence what&s;oever; But &s;hall only be Transferable, A&s;&s;ignable, or Alienable in &s;uch way and manner, and in &s;uc<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> Parts and Portions, and under &s;uch Re&s;trictions, Rules and Conditions, as the &s;aid Company &s;hall by Writing in, and upon their Books, Records and Regi&s;ters direct and appoint, and the&s;e Transfers and A&s;&s;ignments only, and no other &s;hall con|vey
<PB N="vi" REF="6">the Right and Property, in and to the &s;aid Joynt-Stock, and Capital Fond and Effects thereof abovementioned, or any part of the &s;amen, excepting always as is above excepted, and that the Creditors of any particular Member of the Company may by their real Diligence affect the &s;hare of the Profit falling and per|taining to the Debitor, without having any further Right or Power of the Debitors Part and Intere&s;t in the Stock or Capital Fond, otherways than as above appointed, and with this ex|pre&s;s Provi&s;ion, that whatever Charges the Company may be put to by the contending of any of their Members decea&s;ed, or of their A&s;&s;igneys Creditors, or any other per&s;ons in their Rights, The Company &s;hall have Retention of their Charges and Ezpen&s;es in the fir&s;t place. And the Books Records &amp; Regi&s;ters of the &s;aid Company, or Authentick Ab&s;tracts or Extracts out of the &s;ame, are hereby declared to be good and &s;ufficient for Evidents in all Courts of Indicature, and el&s;e where, And His Maje&s;ty with Advice fore&s;aid, further Statutes, and Declares, that the &s;aid <HI>John</HI> Lord <HI>Belhaven, Adam Cockburn</HI> of <HI>Ormi&s;toun;</HI> Lord Ju&s;tice Clerk, Mr. <HI>Francis Montgomery</HI> of <HI>Giffen,</HI> Sir <HI>John Maxwell</HI> of <HI>Pollock,</HI> Sir <HI>Robert Chie&s;ly</HI> pre&s;ent Provo&s;t of <HI>Edinburgh, John Swin|ton</HI> of that Ilk, <HI>George Clerk</HI> late Baillie of <HI>Edinburgh,</HI> Mr, <HI>Ro|bert Blackwood,</HI> and <HI>James Balfour</HI> Merchants in <HI>Edinburgh,</HI> and <HI>John Cor&s;s,</HI> Merchant in <HI>Gla&s;gow, William Pater&s;on</HI> E&s;quire, <HI>James Foulis, David Nairn</HI> E&s;quire, <HI>Thomas Deans</HI> E&s;quire, <HI>James Chei&s;ly, James Smith, Thomas Couts, Hugh Frazer, Jo&s;eph Cohen</HI> D' <HI>Azevedo,</HI> and <HI>Walter Stuart</HI> Merchants in <HI>London,</HI> and o|thers to be joyned with, or a&s;&s;umed by them in manner above|mentioned, and their Succe&s;&s;ors, or major part of them a&s;&s;em|bled in the &s;aid Company, &s;hall and may in all time coming by Plurality of Votes, Agree Make, Con&s;titute and Ordain all &s;uch other Rules Ordinances and Con&s;titutions as may be needfull for the better Government and improvement of their Joynt-Stock, or Capital Fond in all Matters and things relating there|unto; to which Rules, Ordinances, and Con&s;titutions, all per|&s;ons belonging to the &s;aid Company, as well Directors as Mem|bers thereof, Governours, or other Officers Civil or Military, or or others what&s;oever &s;hall be &s;ubject, and hereby concluded: As al&s;o to Admini&s;trate and take Oaths <HI>de fideli,</HI> and others re|qui&s;ite to the Management of the fore&s;aid Stock and Company. And the &s;aid Company is hereby impowered to Equipp, Fit, &s;et Out, Fraught, and Navigat their own, or hired Ships in any manner as they &s;hall think fit, and that for the &s;pace of ten years from the date hereof, notwith&s;tanding of the Act of Parliament one thou&s;and &s;ix hundred and &s;ixty one years. Inti|tituled.
<PB N="vii" REF="6"><HI>Act for Encouraging Shipping &amp; Navigation,</HI> wherewith His Maje&s;ty with Con&s;ent fore&s;aid di&s;pen&s;es for the &s;aid time allena<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">|ly, in favours of the &s;aid Company, &amp; that from any of the Ports or Places of this Kingdom, (or, fromany other parts or places in Amity, or not in Ho&s;tility with His Maje&s;ty) in Warlike or other manner, to any I&s;lands Countreys, or places in <HI>A&s;ia, Africa,</HI> or <HI>America;</HI> And there to Plant Colonies, build Cities, Towns or Forts, in or upon the places not Inhabited, or in or upon any o|ther place, by con&s;ent of the Natives and Inhabitants thereof, and not po&s;&s;e&s;t by any European Sovereign, Potentate Prince or State. And to provide and furni&s;h the fore&s;aid Places, Cities; Towns, or Forts, with Magazins, Ordinances, Arms, Wea|pons, Ammunition, and &s;tores of War, and by Force of Arms to defend their Trade and Navigation, Collonies, Cities, Towns, Forts, and Plantations, and other their effects what&s;oever; As al&s;o ro make Repri&s;als, and to &s;eek and take Reparation of Dam|mage done by Sea, or by Land, and to make and conclude Treaties of Peace and Commerce, with the Sovereigns, Princes, E&s;tates, Rulers, Governours, or Proprietors of the fore&s;aid Lands, I&s;lands, Countreys, or Places, in ASIA, AFRICA or A|MERICA. <HI>Providing always, Likeas,</HI> It is hereby &s;pecially pro|vided, that all Ships imployed by them &s;hall return to this King|dom with their Effects, under the pain of Confi&s;cation, For|faulture and Seizure of the Ship and Goods, in ca&s;e of breaking of Bulk before their return, excepting the ca&s;e of Nece&s;&s;ity, for pre&s;erving the Ship, Company, and Loadning allenarly. And His Maje&s;ty with Con&s;ent fore&s;aid; doth further Statute and Ordain, that none of the Leidges of this Kingdom &s;hall or may Trade or Navigat to any Lands, I&s;lands, Countreys or places in ASIA, or AFRICA, in any time hereafter, or in A|MERICA, for, and during the &s;pace of Thirty One Years, to be counted from the pa&s;&s;ing of this pre&s;ent Act, without Licence and Permi&s;&s;ion in writing from the &s;aid Company: Certifying all &s;uch as &s;hall do in the contrair hereof, that they &s;hall For|fault and Amit the third part of the Ship or Ships, and of the Cargo or Cargoes therein imployed, or the value thereof, the one half to His Maje&s;ty as E&s;cheat, and the other half to the u&s;e and benefite of the &s;aid Company: For the effectual Exe|cution whereof, it &s;hall be lawfull to the &s;aid Company, or any imployed by them, to &s;eize the &s;aid Ships and Goods in any place of ASIA or AFRICA, or at Sea upon the Coa&s;ts of ASIA or AFRICA, upon the trangre&s;&s;ion fore&s;aid, by force of Arms, and at their own hand, and that without the hazard of
<PB N="viii" REF="7">incurring any Crime or Delinquencie what&s;omever on account of the &s;aid Seizure, or any thing nece&s;&s;arly done in pro&s;ecution thereof; Excepting always, and without prejudice to any of the Subjects of this Kingdom to Trade and Navigat, during the &s;aid &s;pace to any part of <HI>America,</HI> where the Colonies, Planta|tions, or Po&s;&s;e&s;&s;ions of the &s;aid Company &s;hall not be &s;ettled-And it is further hereby enacted, that the &s;aid Company &s;hall have the free and ab&s;olute Right and Property, only relieving and holding of his Maje&s;ty and his Succe&s;&s;ors in Sovereignty, for the only acknowledgement of their Alledgiance, and paying yearly a Hog&s;head of Tobacco, in Name of Blench-dury, if re|quired allenarly, in, and to all &s;uch Lands, I&s;lands, Colonies, Cities, Towns, Forts, and Plantations that they &s;hall come to E&s;tabli&s;h &amp; Po&s;&s;e&s;s in manner for&s;aid; As al&s;o to all manner of Trea&s;ures, Wealth; Riches, Profits, Mines, Minerals, Fi&s;hings, with the whole product and benefite thereof, as well under as above the Ground, and as well in Rivers and Seas, as in the Lands thereto belonging, or from or by rea&s;on of the &s;ame in any &s;ort, to|gether with the Right of Government, and Admirality thereof; And that the &s;aid Company may by vertue hereof, grant and delegat &s;uch Rights, Properties, Powers, and Immunities, and permit and allow &s;uch &s;ort of Trade, Commerce, and Navigation into their Plantations, Colonies, Cities, Towns, or Places of their Po&s;&s;e&s;&s;ion, as the &s;aid Company, from time to time, &s;hall jugde fit and convenient, With power to them to impo&s;e and exact &s;uch Cu&s;toms, and other Duties upon and from them&s;elves, and others Trading with, and coming to the &s;aid Plantations, Cities, Towns, places and ports, and Harbours thereof, as the company &s;hall think needful for the mantainance and other pub|lick u&s;es of the &s;ame. <HI>Holding</HI> always, and to hold the whole Premi&s;&s;es of His Maje&s;ty, and His Succe&s;&s;ors Kings of <HI>Scotland,</HI> as Sovereigns thereof, and paying only for the &s;ame their Ac|knowledgement and Alledgiance with a Hog&s;head of Tobacco yearly, in name of Blench-duty if required for all other Duty, Service, Claim or demand what&s;oever: with power and Li|berty to the &s;aid Company to Treat for, and to procure and pur|cha&s;e &s;uch Rights, Liberties, Priviledges Exemptions and other grants as may be convenient for &s;upporting, promoting and en|larging their trade and Navigation from any forreign Poten|tate or Prince what&s;oever in amity with His Maje&s;ty; for which the general Treaties of Peace and Commerce betwixt His Maje|&s;ty and &s;uch Potentates, Princes, or States &s;hall &s;erve <GAP DESC="illegible" RESP="MURP" EXTENT="2 letters">&s;uffici|ent &s;ecurity, Warrand and Authority; and if contrair the &s;aid
<PB N="ix" REF="7">Rights, Liberties, Priviledges, Exemptions, Grants or Agree|ments, any of the Ships, Goods, Merchandi&s;e, per&s;ons or|ther effects what&s;oever, belonging to the &s;aid Company, &s;hall be &s;topt, detained, embezled, or away taken, or in any &s;ort prejudged or damnified, His Maje&s;ty promi&s;es to interpo&s;e his Authority to have Re&s;titution, reparation and &s;atisfaction made for the Dammage done, and that upon the publick Charge, which His Maje&s;ty &s;hall cau&s;e depur&s;e and lay out for that effect. And further it is hereby Statute, that all Ships, Ve&s;&s;els, Mer|chandi&s;e, Goods and other Effects what&s;oever belonging to the &s;aid Company, &s;hall be free of all manner of Re&s;traints, or Prohibitions, and of all Cu&s;toms Taxes, Ce&s;&s;es, Supplies, or o|ther Duties Impo&s;ed or to be impo&s;ed by Act of Parliament, or otherwi&s;e, for and during the &s;pace of twenty one years, ex|cepting always the whole Duties of Tobacco and Sugar, that are not of the Growth of the Plantations of the &s;aid Company. And further it is Enacted, that the &s;aid Company by Commi&s;&s;ion under their common Seal, or otherwi&s;e as they &s;hall appoint, may make, con&s;titute all and every their Directors, Governours, and Commanders in Chief, and other Officers Civil or Militery by Sea, or by Land; as likewi&s;e that the &s;aid Company may Inli&s;t, Inroll, Agree, and Retain all &s;uch per&s;ons Subjects of this King|dom, or others what&s;oever, as &s;hall be willing and con&s;ent to enter in their Service or Pay, providing always that they Up lift or Levy none within this Kingdom to be Soldiers, without leave or Warrand fir&s;t obtained from his Maje&s;ty, or the Lords of his Privy Council; over which Directors, Governours, Commanders in Chief, or other Officers Civil or Military, and others what&s;oe|ver in their Service and Pay, the Company &s;hall have the Power Command and Di&s;po&s;ition both by Sea and Land. And it is fur|ther Statute, That no Officer Civil or Military, or other Per&s;on what&s;oever within this Kingdom, &s;hall Impre&s;s, Entertain, Stop or Detain any of the Members, Officers, Servants, or others what&s;oever, of, or belonging to the &s;aid Company; And in Ca&s;e the &s;aid Company, their Officers or Agents, &s;hall find or under&s;tand any of their Members, Officers, Servants, or others a|fore&s;aid, to be Impre&s;&s;ed, Stopped or Detained, they are here|by Authorized and allowed to take hold of, and Relea&s;e the fore&s;aid per&s;on Impre&s;&s;ed, or Stoped in any part of this King|dom either by Land or Water; and all Magi&s;trats and others, His Maje&s;ties Officers Civil and Military. and all others are here|by required in their re&s;pective Stations, to be Aiding and A&s;&s;i&s;t|ing to the &s;aid Company under the pain of being lyable to all the
<PB N="x" REF="8">Lo&s;s, Dammage, and Dettiment of the &s;aid Company, by rea&s;on of the fore&s;aid per&s;ons their neglect. And further that the &s;aid company, whole Members, Officers, Servants, or others be|longing thereto, &s;hall be free both in their Per&s;ons, E&s;tates, and and Goods imployed in the &s;aid Stock and Trade from all man|ner of Taxes, Ce&s;&s;es, Supplies, Exci&s;es, Quartering of Soldiers Tran&s;ient or Local, or Levying of Soldiers, or other Impo&s;itions what&s;oever, and that for and during the &s;pace of twenty one years. And la&s;tly, All Per&s;ons Concerned or to be Concerned in this Company, are hereby Declared to be free Denizons of this Kingdom, and that they with all that &s;hall Settle to Inhabite, or be Born in any of the fore&s;aid Plantations, Colonies, Cities, Towns, Factories, and other Places that &s;hall be pureha&s;t and Po&s;&s;e&s;t by the &s;aid Company, &s;hall be Repute, as Natives of this Kingdom, and have the Priviledges thereof. And gene|rally without prejudice of the Specialities fore&s;aid, His Maje&s;ty with Con&s;ent fore&s;aid, Gives and Grants to the &s;aid Company, all Power, Rights and Priviledges, as to their Per&s;ons, Rules, Or|ders, E&s;tates, Goods and Effects what&s;oever, that by the Laws are given to Companies allowed to be Erected for Manufactories, or that are u&s;ually given in any other Civil Kingdom, or Com|mon-Wealth, to any Company there Erected for trade and Commerce. And for the better E&s;tabli&s;hment and greater So|lemnity of this Act and Gift in Favours of the &s;aid Company; His Maje&s;ty doth further Ordain Letters Patent to be expede hereupon containing the whole Premi&s;&s;es under the great Seal of this Kingdom, for doing whereof <HI>Per Saltum,</HI> Thir pre&s;ents &s;hall be &s;ufficient warrand both to the Director and chancellor, or Keeper of the Great Seal, as u&s;e is <GAP DESC="illegible" RESP="MURP" EXTENT="1 word"> like ca&s;es.</P>
<CLOSER><SIGNED><HI>Extracted furth of the Records of Parliament, by</HI> TARBAT <HI>Cls. Regi&s;t.</HI></SIGNED></CLOSER>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="text">
<DIV2 TYPE="part">
<DIV3 TYPE="letter">
<PB N="1" REF="8">
<HEAD>THE HUMBLE ADDRESS OF THE Right Honourable the Lords <HI>Spiritual</HI> and <HI>Temporal,</HI> and <HI>Commons</HI> in Parliament A&s;|&s;embled.</HEAD>
<OPENER><DATELINE><DATE><HI>Die Veneris,</HI> 13. <HI>Decembris,</HI> 1695.</DATE></DATELINE></OPENER>
<P>_WE the Lords Spiritual and Temporal, and Commons in Parliament A&s;&s;embled, ha|ving taken into our Con&s;i|deration the State of the Trade of this Kingdom, Do find, That be&s;ides many o|ther Di&s;advantages and Dif|ficulties it now lies under, An Act of Parliament, that hath lately Received Your Maje&s;ty's Royal A&s;&s;ent in Your Kingdom of <HI>Scotland,</HI> for Erect|ing a Company Trading to <HI>Africa</HI> and the <HI>Indies,</HI> is likely to bring many great Prejudices and Mi&s;|chiefs to all Your Maje&s;ty's Subjects, that are concerned in the Wealth or Trade of this Na|tion; And therefore in all Duty to Your Maje|&s;ty, and the Care we ought to have of this King|dom,
<PB N="2" REF="9">We do humbly Repre&s;ent to Your Maje+&s;ty, that the &s;aid Act does provide, <HI>That all Ships Ve&s;&s;els, Merchandize, Goods, and other Effects what|&s;oever, belonging to that Company, &s;hall be free from all manner of Restraints, or Prohibitions, and of all Cu&s;toms, Taxes, Ce&s;&s;es, Supplies, or other Duties Impo&s;ed or to be Im|po&s;ed by Act of Parliament, or otherways, for the &s;pace of One and Twenty Years: And further, That the &s;aid Company, Whole Members, Officers, Servants, or others belonging thereto, &s;hall be free both in their Per&s;ons, E|states and Goods Employed in the &s;aid Stock and Trade, from all manner of Taxes, Ce&s;&s;es, Supplies, Exci&s;es, Quar|tring of Soldiers Tran&s;ient or Local, or Levying of Sol|diers, or other Impo&s;itions, during the &s;pace of One and Twenty Years.</HI></P>
<P>By rea&s;on of which great Advantages granted to the <HI>Scots Ea&s;t-India Company,</HI> and the Duties and Difficulties that lie upon that Trade in <HI>Eng|land,</HI> a great part of the Stock and Shipping of this Nation will be carried thither; and by this Means <HI>Scotland</HI> be made a free Port for all <HI>Ea&s;t-India</HI> Commodities; and con&s;equently tho&s;e &s;everal Places in <HI>Europe,</HI> which were Supplyed from <HI>England,</HI> will be Furni&s;hed from thence, much Cheaper than can be done by the <HI>Engli&s;h:</HI> And therefore this Nation will lo&s;e the Benefit of Sup|plying Foreign Parts with tho&s;e Commodities, which hath always been a great Article in the Ballance of our Forreign Trade: Moreover, the &s;aid Commodities will unavoidably be brought by the <HI>Scots</HI> into <HI>England</HI> by Stealth, both by Sea and Land, to the va&s;t Prejudice of the <HI>Engli&s;h</HI> Trade and Navigation, and to the great Detri|ment of Your Maje&s;ty in Your Cu&s;toms. And when once that Nation &s;hall have &s;ettled them|&s;elves
<PB N="3" REF="9">in Plantations in <HI>America,</HI> our Commerce in Tobacco, Sugar, Cotton, Wool, Skins, Ma&s;ts, <HI>&amp;c.</HI> will be utterly lo&s;t, becau&s;e the Priviledges of that Nation, granted to them by this Act, are &s;uch, That that Kingdom mu&s;t be the Magazine for all tho&s;e Commodities, and the <HI>Engli&s;h</HI> Plan|tations, and the Traffick thereof lo&s;t to us, and Exportation of our own Manufactures Yearly Decrea&s;ed.</P>
<P>Be&s;ides the&s;e, and many other Ob&s;tructions that this Act will unavoidably bring to the Ge|neral Trade of this Nation, Another Clau&s;e in the &s;aid Act, <HI>whereby your Maje&s;ty Promi&s;es to Interpo&s;e your Authority, to have Re&s;titution, Reparation, and Satisfaction made, for any Damage that may be done to any of the Ships, Goods, Merchandize, Per&s;ons, or other Effects what&s;oever belonging to the &s;aid Compa|ny, and that upon the Publick Charge,</HI> Does &s;eem to Engage your Maje&s;ty to Employ the Shipping and Strength at Sea of this Nation, to Support this New Company, to the great Detriment, even of this Kingdom.</P>
<P>All which great Prejudices, Inconveniencies, and Mi&s;chiefs ari&s;ing by the &s;aid Act, We in all Duty and Faithfulne&s;s lay before Your Maje&s;ty.</P>
<CLOSER><SIGNED>MATTH. JOHNSON. <HI>Cleric' Parliamentor.</HI></SIGNED></CLOSER>
</DIV3>
<DIV3 TYPE="response">
<HEAD>His Maje&s;ty's mo&s;t Gracious An&s;wer.</HEAD>
<P><HI>I Have been ill &s;erved in</HI> Scotland, <HI>but I hope &s;ome Remedies may be found, to prevent the In|conveniencies which may ari&s;e from this Act.</HI></P>
</DIV3>
</DIV2>
<DIV2 TYPE="memorial">
<PB N="4" REF="10">
<HEAD>A MEMORIAL <HI>Given in to the Senate of the Ci|ty of</HI> Hamburgh <HI>in</HI> French, <HI>faithfully Tran&s;lated into</HI> Engli&s;h.</HEAD>
<HEAD TYPE="sub">To their Magnificences the Burgo-Ma|&s;ters, and to the Gentlemen-Councel|lors of this City of <HI>Hamburgh,</HI></HEAD>
<P>WE, the Sub&s;cribers, <HI>Mini&s;ters</HI> of His Maje|&s;ty, The King of <HI>Great Britain,</HI> have, u|pon the Arrival of <HI>Commi&s;&s;ioners</HI> from an <HI>Indian-Company</HI> in SCOTLAND, Repre&s;ented, at two &s;everal Times, to your Magnificences and Lord&s;hips, from the King our Ma&s;ter, That His Maje&s;ty under&s;tanding, that the &s;aid Commi&s;&s;io|ners Endeavoured to open to them&s;elves a Com|merce and Trade in the&s;e Parts, by making &s;ome Convention or Treaty with this City, had Com|manded us mo&s;t expre&s;ly, to Notify to your Mag|nificences and Lord&s;hips, That if you enter into &s;uch Conventions with privat Men His Subjects, who have neither Credential Letters, nor are any other ways Authorized by His Maje&s;ty; That His Maje&s;ty would Regard &s;uch Proceedings, as an Affront to His Royal Authority; And that He would not fail to Re&s;ent it. Your Magnificences and Lord&s;hips had the Goodne&s;s to An&s;wer us thereto by your Deputy, that you would no way enter into Commerce with the afore-mentioned <HI>Commi&s;&s;ioners,</HI> nor Encourage them in any &s;ort. Notwith&s;tanding whereof, We the Sub&s;cribers do &s;ee with Di&s;plea&s;ure, That, without any Regard to the Remon&s;trances made by us in the Name of His Maje&s;ty, the Inhabitants of this City forbear
<PB N="5" REF="10">not to make Conventions and Treaties with the &s;aid <HI>Commi&s;&s;ioners,</HI> who dare even Erect a <HI>Publick-Office</HI> to receive Sub&s;criptions, as appears by the annexed Print. And it is not very Credible, That Strangers could &s;o openly Enterprize Matters of &s;uch Importance, without being Supported by this Government: <HI>Wherefore,</HI> We make our Ju&s;t Complaints thereof to your Magnificences and Lord&s;hips; Be&s;eeching you, in the Name of the King our Ma&s;ter, to remedy in time that which is begun, and to do it &s;o Effectually, as to pre|vent any Con&s;equences it may have, capable to di&s;turb the Friend&s;hip and good Corre&s;pondence, which we would Cultivat between <HI>England</HI> and the City of <HI>Hamburgh.</HI> We wait your Magnifi|cences and Lord&s;hips An&s;wer in Writing, to be tran&s;mitted to His Maje&s;ty our Ma&s;ter. And we are,</P>
<CLOSER><DATELINE>Done at <HI>Ham|burgh</HI> <DATE>the 7th. of <HI>April</HI> 1697.</DATE></DATELINE>
<SIGNED>Your Magnificences and Lord&s;hips mo&s;t humble Servants, <HI>CRESSET</HI> His <HI>Britannick Maje&s;ties</HI> Envoy Extraordinary at the Courts of <HI>Lunenburgh,</HI> and his Plenipotentiary at the Treaty of <HI>Pinen|berg.</HI></SIGNED>
<SIGNED>The Knight RY|CAUT Re&s;ident for His Maje&s;ty the King of <HI>Great-Britain</HI> in the City of <HI>Ham|burgh.</HI></SIGNED>
<POSTSCRIPT>
<P>Which Memorial was immediatly tran&s;mitted by the Senate to the <HI>Commercii,</HI> (or Body of Merchants of that City) who happening to be then met in their own Hall, did, upon Peru&s;al thereof, give the following An&s;wer:</P>
<PB N="6" REF="11">
<P><HI>WE look upon it as a very &s;trange thing, That the King of</HI> Britain <HI>&s;hould offer to hinder us, who are a Free People, to Trade with whom we plea&s;e; But are amazed to think, That he would hinder us from Joyning with his own Subjects in</HI> Scotland, <HI>to whom he had lately given &s;uch large Priviledges, by &s;o Solemn an Act of Parliament.</HI></P>
<P>Upon Notice of all which, the Company's De|putees went immediatly to the Senate, and gave in a &s;hort Memorial in <HI>French,</HI> which, being faithfully Tran&s;lated, is as followeth:</P>
</POSTSCRIPT></CLOSER>
</DIV2>
<DIV2 TYPE="letter">
<OPENER><SALUTE>Noble and Venerable Lords,</SALUTE></OPENER>
<P>WE the Sub&s;cribers, Deputees and Directors of the <HI>Indian</HI> and <HI>African Company</HI> of the Kingdom of <HI>Scotland,</HI> Under&s;tanding that the Gentlemen, His Maje&s;ty of <HI>Great Britain</HI>'s Mini|&s;ters here, have pre&s;ented a Memorial to your Lord&s;hips, in which they &s;eem to quarrel the Powers which have been granted to us by His Maje&s;ty, and the Parliament of <HI>Scotland,</HI> to make Treaties of Commerce with any Foreign Poten|tate, Prince or State, not in War with His Maje|&s;ty the King our Soveraign, for Enlarging the Trade, and for the better E&s;tabli&s;hment of our &s;aid Company;</P>
<P>We pray your Lord&s;hips, That you would be plea&s;ed to Communicat the &s;aid Memorial to us, that we may take Mea&s;ures accordingly.</P>
<CLOSER><DATELINE><HI>Hamburgh</HI> <DATE>the 9th. day of <HI>April</HI> 1697.</DATE></DATELINE>
<SIGNED>Your Lord&s;hips mo&s;t humble and obedient Servants, <HI>Jo. Erskine., Jo. Haldan., Will. Pater&s;on.</HI></SIGNED>
<PB N="7" REF="11">
<POSTSCRIPT>
<P>The Senate thereupon recommended the De|putees above-nam'd to the <HI>Commercii,</HI> (in who&s;e Hands the Memorial lay) who gave them a Co|py thereof; Doubles of which were, by the &s;aid Deputees, di&s;patched to both the Secretaries of State for <HI>Scotland,</HI> and to the Court of Directors of the Company. And in the mean time, the Merchants, to a&s;&s;ert their own Freedom and Pri|viledges, Sign'd for con&s;iderable Sums in the Com|pany's Books; But with a Condition to be void, if the Company did not procure &s;ome Declarati|on from the King, that might render them &s;ecure from the Threatnings, and other In&s;inuations contain'd in the &s;aid Memorial.</P>
</POSTSCRIPT></CLOSER>
</DIV2>
<DIV2 TYPE="part">
<DIV3 TYPE="letter">
<HEAD>To the Kings mo&s;t Excellent Maje&s;ty. <HI>The Humble</HI> Addre&s;s <HI>of the</HI> Council-General <HI>of the</HI> Company <HI>of</HI> Scotland <HI>Trading to</HI> Africa <HI>and the</HI> Indies.</HEAD>
<OPENER><SALUTE>May it plea&s;e Your Maje&s;ty,</SALUTE></OPENER>
<P>WHereas, By the 32d. Act of the 4th. Se&s;&s;ion, and by the 8th. Act of the 5th. Se&s;&s;ion of Your Maje&s;ties current Parliament, as well as by Your Maje&s;ties Patent under the Great Seal of this Kingdom, this Company is E&s;tabli&s;hed with &s;uch Ample Priviledges, as were thought mo&s;t proper, for encouraging both Natives and For|reigners, to Joyn in the Carrying on, Supporting and Advancement of our Trade; The mo&s;t Con|&s;iderable of the Nobility, Gentry, Merchants, and whole Body of the Royal Burrows have, up|on the Inducement and Publick Faith of Your Maje&s;ties &s;aid Acts of Parliament, and Letters Pa|tent,
<PB N="8" REF="12">contributed as Adventurers, in rai&s;ing a far more con&s;iderable Joynt-Stock, than any was e|ver before rais'd in this Kingdom, for any Pub|lick Undertaking or Project of Trade what&s;oe|ver, which makes it now of &s;o much the more U|niver&s;al a Concern to the Nation.</P>
<P>And for the better Enabling us to Accompli&s;h the Ends of Your Maje&s;ties &s;aid Acts of Parlia|ment, and Letters Patent, we have, in Pur&s;uance thereunto, appointed certain Deputees of our own Number, to Tran&s;act and Negotiat our nece&s;&s;ary Affairs beyond Sea. And at the &s;ame time, to Treat with &s;uch Forreigners of any Nation in Amity with Your Maje&s;ty, as might be inclin|able to Joyn with us for the Purpo&s;es afore&s;aid.</P>
<P>In the Pro&s;ecution of which Commi&s;&s;ion to our &s;aid Deputees, (Ve&s;ted with full Power and Authority according to Law) we are not a little &s;urpriz'd to find, to the great Hindrance and Ob|&s;truction of our Affairs, That Your Maje&s;ties En|voy to the Courts of <HI>Lunenburgh,</HI> and Re&s;ident at <HI>Hamburgh,</HI> have, under Pretence of &s;pecial War|rant from Your Maje&s;ty, given in a Joint-Sub&s;cri|bed Memorial to the Senate of <HI>Hamburgh,</HI> expre&s;ly Invading the Priviledges granted to our Compa|ny, by your Maje&s;ty's &s;aid Acts of Parliament and Letsers Patent, as by the herewith tran&s;|mitted Copy may appear.</P>
<P>By the which <HI>Memorial</HI> we &s;u&s;tain great and manife&s;t Prejudices, fince both the Senate and Inhabitants of the &s;aid City of <HI>Hamburgh</HI> are thereby (contrary to the Law of Nations) ex|pre&s;ly threatned with your Maje&s;ty's high Di&s;|plea&s;ure, if they, or either of them, &s;hould coun|tenance or joyn with us, in any Treaty of Trade
<PB N="9" REF="12">or Commerce what&s;oever, which deprives us of the A&s;&s;i&s;tance which we had rea&s;on to expect from &s;e|veral Inhabitants of that City.</P>
<P>For Redre&s;s whereof, we do in all Duty and Humility Apply to your Maje&s;ty, not only for the Protection and Mantenance of our Priviled|ges and Freedom of Trade; but al&s;o for Repara|tion of Damnages, conform to your Maje&s;ty's &s;aid Acts of Parliament and Letters Patent: And do further beg leave to Repre&s;ent to your Ma|je&s;ty, That tho by the &s;aid Act of Parliament and Letters Patent, we conceive our &s;elves legally and &s;ufficiently Authorized to Treat even with any <HI>Sovereign, Potentate</HI> or <HI>Estate</HI> in Amity with your Maje&s;ty, for the Support and Advancement of our Trade; yet we by our &s;aid Deputees have only treated with particular and private Mer|chants of the &s;aid City of <HI>Hamburgh,</HI> without ever making any the lea&s;t Propo&s;al to the Senate there|of. And this we humbly conceiv to be the na|tural Right and Priviledge of all Merchants what|&s;oever, even tho we had wanted the Sanction of &s;o Solemn Laws. And without &s;ome &s;peedy Re|dre&s;s be had therein, not only this Company, but al&s;o all other individual Merchants of this King|dom, mu&s;t from hence forward conclude, That all our Rights and Freedom of Trade are and may be further, by our Neighbours, violently wre&s;ted out of our Hands.</P>
<P>We therefore, to prevent the further evil Con|&s;equences of the &s;aid Memorial to our Company in particular, do make our mo&s;t Humble and Ear|ne&s;t Reque&s;t to your Maje&s;ty, that you would be Graciou&s;ly plea&s;ed to grant us &s;uch Declara|tion, as in your Royal Wi&s;dom you &s;hall think
<PB N="10" REF="13">fit, to render the Senate and Inhabitants of the &s;aid City of <HI>Hamburgh,</HI> and all others that are or may be concern'd, &s;ecure from the Threatings and other Sugge&s;tions contain'd in the &s;aid Me|morial, as well as to render us &s;ecure under your Maje&s;ty's Protection, in the full pro&s;ecution of our Trade, and free enjoyment of our lawful Rights, Priviledges and Immunities, contain'd in your Maje&s;ty's Acts of Parliament and Let|ters Patent above-mentioned.</P>
<CLOSER><DATELINE><HI>Signed at</HI> Edinburgh <DATE><HI>the Twenty Eight Day of</HI> June 1697,</DATE> <HI>in Name, Pre&s;ence, and by Order of the &s;aid Council-General, by</HI></DATELINE>
<SALUTE>May it plea&s;e your Maje&s;ty,</SALUTE> <SIGNED><HI>Your Maje&s;ties mo&s;t Faithful, most Dutiful, most Humble, and mo&s;t Obedient Subject and Servant,</HI> YESTER. <HI>P.</HI></SIGNED>
<POSTSCRIPT>
<P><HI>Memorandum,</HI> That the Council-General of the Company, did at the &s;ame time come to a Re|&s;olution of Repre&s;enting the Premi&s;&s;es likewi&s;e to His Maje&s;ties mo&s;t Honourable Privy Council, but were afterwards prevailed upon to &s;uper&s;ede that Re&s;olution, at the Secretaries of State's ear|ne&s;t De&s;ire (they being both then here) and upon their joint Engagement to procure a &s;peedy An|&s;wer from his Maje&s;ty.</P>
</POSTSCRIPT></CLOSER>
</DIV3>
<DIV3 TYPE="response">
<PB N="11" REF="13">
<HEAD>The King's An&s;wer to the &s;aid Addre&s;s.</HEAD>
<HEAD TYPE="sub">By the Right Honourable, <HI>John</HI> Earl of <HI>Tullibardin,</HI> &amp;c. and Sir <HI>James Ogilvy</HI> Knight, Principal Secreta|ries of State.</HEAD>
<OPENER><SALUTE>My Lords and Gentlemen,</SALUTE></OPENER>
<P>WE are impowered by the King to &s;ignify unto you, That as &s;oon as His Maje&s;ty &s;hall Return to <HI>England,</HI> he will take into Con&s;i|deration what you have Repre&s;ented unto him; And that in the mean time His Maje&s;ty will give Orders to his Envoy at the Courts of <HI>Lunenburgh,</HI> and his Re&s;ident at <HI>Hamburgh,</HI> not to make u&s;e of his Maje&s;ty's Name or Authority for ob&s;tructing your Company in the pro&s;ecution of your Trade with the Inhabitants of that City.</P>
<CLOSER><DATELINE>Signed at <HI>Edbinurgh</HI> <DATE>the &s;econd Day of <HI>August</HI> 1697.</DATE> <HI>To the Council-General of the Company of</HI> Scotland <HI>Trading to</HI> Africa <HI>and the</HI> Indies.</DATELINE>
<SIGNED>Tullibardin. Ja: Ogilvy.</SIGNED></CLOSER>
</DIV3>
</DIV2>
<DIV2 TYPE="letter">
<HEAD>A Letter from the Directors of the Company to the Right Honourable, the Earl of <HI>Tullibar|din,</HI> &amp;c. Principal Secretary of State.</HEAD>
<OPENER><DATELINE><DATE><HI>Edinburgh,</HI> 28. <HI>September,</HI> 1697.</DATE></DATELINE></OPENER>
<OPENER><SALUTE>May it plea&s;e your Lord&s;hip.</SALUTE></OPENER>
<P>IT is not unknown to your Lord&s;hip in what Humor the Council-General of our Compa|ny, and mo&s;t part of the Nation were in, with
<PB N="12" REF="14">relation to the Memorial given in to the Senate of <HI>Hamburgh,</HI> again&s;t our Company by the <HI>Engli&s;h</HI> Mini&s;ters there; Upon which en&s;ued the &s;aid Council-Generals late Addre&s;s, tran&s;mitted to His Maje&s;ty by your Lord&s;hip. And your Lord|&s;hip very well knows, that at your Reque&s;t and De&s;ire only, upon Promi&s;es of u&s;ing your be&s;t Endeavours to procure a Speedy and Satisfactory An&s;wer from His Maje&s;ty, the &s;aid Council-General was prevailed upon, to &s;u&s;pend repre|&s;enting that Matter further to the Government, till the 2d day of <HI>Augu&s;t</HI> la&s;t pa&s;t; On which day your Lord&s;hip did &s;ignify His Maje&s;ty's An|&s;wer to the &s;aid Addre&s;s; Upon Receipt where|of, the &s;aid Council-General did re&s;olve to Super|&s;ede any further proceeding therein, till His Ma|je&s;ty's arrival in <HI>England,</HI> as not in the lea&s;t doubt|ing but His Maje&s;ty would have in the mean time, pur&s;uant to His &s;aid An&s;wer, given Orders to his Re&s;ident at <HI>Hamburgh</HI> with relation to the &s;ubject Matter of the &s;aid Memorial: But we are extreamly &s;urpriz'd to find by Letters of the 31 <HI>ultimo,</HI> from our Company's Agent in that City, That he had, according to our Order, been to wait on the <HI>Engli&s;h</HI> Re&s;ident there, and with all the Re&s;pect due to his Character, intimated to him the Contents the &s;aid Addre&s;s and An&s;wer: Upon which the &s;aid Re&s;ident declared, <HI>That he was Ready and Willing to obey his Ma&s;ters Orders, but that as yet he had got none in that Matter.</HI> We can|not imagine what &s;hould be the occa&s;ion of this new Di&s;-appointment, &s;ince we cannot &s;uffer our &s;elves to believe, but that His Maje&s;ty has, ac|cording to His Letter to your Lord&s;hip, given Orders as afore&s;aid, which makes us admire the
<PB N="13" REF="14">more where the Neglect of that Matter doth now &s;tand; Yet we mu&s;t needs &s;ay, we are in &s;ome mea&s;ure afraid to acquaint the &s;aid Council-Gene|ral with it, le&s;t they be more unea&s;ie there|upon than we could wi&s;h, till fir&s;t we have your Lord&s;hips An&s;wer. For which cau&s;e we the &s;eve|ral Sub&s;cribing Directors of the &s;aid Company (who are now in Town) have thought fit in as quiet a manner as po&s;&s;ible to give your Lord&s;hip an Account thereof, to the end you may in your Wi&s;dom and Prudence advi&s;e His Maje&s;ty with relation thereunto, and doubt not but your Lord|&s;hip will take &s;uch care herein, as may prevent our calling another Council-General with rela|tion to the Premi&s;&s;es, which we are bound un|avoidably to do, if we have not your Lord&s;hips timely An&s;wer. We are</P>
<CLOSER><SALUTE>May it plea&s;e your Lord&s;hip,</SALUTE> <SIGNED><HI>Your Lord&s;hips mo&s;t Obedient and humble Servants.</HI>
<LIST>
<ITEM><HI>Ad: Cockburn.</HI></ITEM>
<ITEM><HI>Fran: Montgomery.</HI></ITEM>
<ITEM><HI>Arch: Mure.</HI></ITEM>
<ITEM><HI>Geo: Clark:</HI></ITEM>
<ITEM><HI>Rob: Blackwood.</HI></ITEM>
<ITEM><HI>Ja: Balfour.</HI></ITEM>
<ITEM><HI>William: Pater&s;on.</HI></ITEM>
</LIST></SIGNED> Mem: <HI>A Sign'd Duplicate hereof was likewi&s;e &s;ent at the &s;ame time to the Right Honour able Sir</HI> James Ogilvy <HI>Knight,</HI> &amp;c.</CLOSER>
</DIV2>
<PB N="14" REF="15">
<DIV2 TYPE="letter">
<HEAD>To the King's Mo&s;t Excellent Maje&s;ty.</HEAD>
<HEAD TYPE="sub"><HI>The humble Addre&s;s of the Council-General of the Company of</HI> Scotland, <HI>Trading to</HI> Africa <HI>and the</HI> Indies.</HEAD>
<OPENER><SALUTE>May it plea&s;e your Maje&s;ty,</SALUTE></OPENER>
<P>BY a former Addre&s;s of the 28th of <HI>June</HI> la&s;t, we have humbly repre&s;ented to your Maje|&s;ty, how that your Maje&s;ty's Envoy to the Courts of <HI>Lunenburg,</HI> and Re&s;ident at <HI>Hamburgh,</HI> did un|der Pretence of Special Warrant from Your Maje|&s;ty, give in a Memorial to the Senate of the &s;aid City of <HI>Hamburgh,</HI> contrary to the Law of Nati|ons, and expre&s;ly invading the Priviledges con|tained in the Acts of Parliament and Letters Pa|tent, by which our Company is e&s;tabli&s;hed: Co|pies of which Addre&s;s and Memorial we have, for Your Maje&s;ty's better Information, hereto annex|ed. In an&s;wer to which, Your MAJESTY was then graciou&s;ly plea&s;ed to &s;ignifie by Your Royal Letter, <HI>That upon Your MAJESTY</HI>'s <HI>arrival in</HI> England, <HI>You would take the Contents of our &s;aid Addre&s;s into Con&s;ideration: And that in the mean time, You would give Orders to Your &s;aid Mini&s;ters not to make u&s;e of Your Maje&s;ty's Name or Authority for ob|&s;tructing our Company in the Pro&s;ecution of our Trade, with the Inhabitants of the &s;aid City of</HI> Hamburgh.</P>
<P>In the full A&s;&s;urance of which we re&s;ted &s;ecure, and took our Mea&s;ures accordingly, till to our further Surprize and great Di&s;appointment, we find, by repeated Advices from <HI>Hamburgh,</HI> That Your Maje&s;ty's &s;aid Re&s;ident continues &s;till Con|tumacious,
<PB N="15" REF="15">and is &s;o far from giving due Obedience to Your Maje&s;ty's &s;aid Order, that u|pon Application made to him for that Effect, with all the Re&s;pect due to his Character, he pre|tended that he had never as yet got any &s;uch Order on our Behalf, which we thought fit in all. Duty and Humility, to lay before Your Maje&s;ty, renew|ing withal our mo&s;t humble and earne&s;t Reque&s;t, That Your Maje&s;ty would be now graciou&s;ly plea&s;ed to take the Contents of this, and our &s;aid former Addre&s;s into Con&s;ideration, and in Your Royal Wi&s;dom order &s;ome &s;peedy and Effectual Redre&s;s of our Grievances therein-mentioned, and a ju&s;t Reparation of the manife&s;t Damages, which our Company has already &s;u&s;tained, by rea&s;on of the &s;aid Memorial. And grant us a Declaration under Your Royal hand, to render the Senate and Inhabitants of the &s;aid City of <HI>Hamburg,</HI> and all others with whom we have oc|ca&s;ion to enter in Commerce, &s;ecure from the Threatnings and other fal&s;e Sugge&s;tions, mention|ed in the &s;aid Memorial, as well as to render us &s;ecure under Your Maje&s;ty's Protection in the free Enjoyment of our Lawful Rights and Priviledges contained in Your Maje&s;ty's Acts of Parliament and Letters Patent above-mentioned.</P>
<CLOSER><DATELINE><HI>Sign'd at</HI> Edinburgh, <DATE><HI>the</HI> 22d <HI>Day of</HI> Decemb. 1697,</DATE> <HI>in Name, Pre&s;ence, and by Order of the &s;aid Council-General, by,</HI></DATELINE>
<SALUTE>May it plea&s;e Your Maje&s;ty,</SALUTE> <SIGNED><HI>Your Maje&s;ty's mo&s;t Faithful, mo&s;t Dutiful, mo&s;t Humble, and mo&s;t Obedient Subjest and Servant,</HI> Fr. Scott. <HI>Fr.</HI></SIGNED></CLOSER>
</DIV2>
<PB N="16" REF="16">
<DIV2 TYPE="letter">
<HEAD>To the Right Honourable, The Lord High Chancellor, and remanent Lords of His Maje&s;ty's mo&s;t Honourable Privy-Council.</HEAD>
<HEAD TYPE="sub"><HI>The humble Repre&s;entation of the Council-General of the Company of</HI> Scotland, <HI>Trading to</HI> Africa <HI>and the</HI> Indies.</HEAD>
<OPENER><SALUTE>May it plea&s;e your Lord&s;hips,</SALUTE></OPENER>
<P>'TIs not unknown to your Lord&s;hips how that in &s;everal &s;ucce&s;&s;ive Se&s;&s;ions of this Cur|rent Parliament, His Maje&s;ty's In&s;tructions to His re&s;pective High Commi&s;&s;ioners, and their &s;eve|ral Speeches pur&s;uant thereunto, have been full of repeated A&s;&s;urance of His Maje&s;ty's good Inclinations for encouraging the Trade and Ma|nufactures of this Nation. And whereas accord|ingly, by the 32d. Act of the 4th. Se&s;&s;ion, and the 8th. Act of the 5th Se&s;&s;ion of the &s;aid Parlia|ment, together with His Maje&s;ty's Letters Pa|tent under the Great Seal of this Kingdom, our Company is e&s;tabli&s;h'd with &s;uch ample Priviledges and Immunities as were thought mo&s;t proper for encouraging both Natives and Foreigners to joyn in the carrying on, &s;upporting and advancement of our Trade. We have in pur&s;uance and upon the publick Faith thereof, not only contributed at home a far more con&s;iderable Joint-Stock than was ever before rai&s;ed in this Nation, for any pub|lick Undertaking or Project of Trade what&s;oever; but have al&s;o had all the promi&s;ing Hopes and Pro&s;pect of Foreign Aid that our Hearts could wi&s;h, till, to our great Surprize, the <HI>Engli&s;h</HI> Mini|&s;ters
<PB N="17" REF="16">at <HI>Hamburgh</HI> have, under Pretence of Special Warrant from his Maje&s;ty, put a &s;top thereto, by giving in a Memorial to the Senate of that City, threatning both Senate and Inhabitants with the King's utmo&s;t Di&s;plea&s;ure, if they &s;hould counte|nance or joyn with us in any Treaty of Trade or Commerce: As by the annexed Copy there|of may appear.</P>
<P>Upon due Con&s;ideration whereof, we have, in all Duty and Humility, addre&s;s'd His Maje&s;ty in <HI>June</HI> la&s;t for Redre&s;s thereof.</P>
<P>In an&s;wer to which Addre&s;s His Maje&s;ty was then graciou&s;ly plea&s;ed to &s;ignifie by his Royal Let|ter, <HI>That upon His return into</HI> England, <HI>He would take into Con&s;ideration the Contents of our &s;aid Addre&s;s. And that in the mean time He would give Orders to His &s;aid Mini&s;ters at</HI> Hamburgh, <HI>not to make u&s;e of His Royal Name or Authorty for ob&s;tructing the Trade of our Company with the Inhabitants of that City.</HI></P>
<P>In the full A&s;&s;urance of which we re&s;ted &s;ecure, and took our Mea&s;ures accordingly, till to our further Surprize and un&s;peakable Prejudice, we found by repeated Advices from <HI>Hamburgh,</HI> that the &s;aid Re&s;ident continues &s;till Contumaci|ous, and is &s;o far from giving due obedience to His Maje&s;ty's &s;aid Order, that upon Application made to him by our Agent in that City, with all the Re&s;pect due to his Character, he declared, <HI>That as yet he had got no &s;uch Order on our behalf</HI> Which, by a further Addre&s;s we are now to lay: before His Maje&s;ty.</P>
<P>But whereas we humbly conceive your Lord|&s;hips to be more immediatly, under His Maje|&s;ty, the Guardians of the Laws and Liberties of this Kingdom, we think it our Duty to repre|&s;ent
<PB N="18" REF="17">to your Lord&s;hips the Con&s;equences of the &s;aid Memorial, both with relation to our Com|pany in particular, and the Priviledges, Intere&s;t, Ho|nour, Dignity and Reputation of the Nation in general.</P>
<P>Your Lord&s;hips very well know of what Con|cern the Succe&s;s of this Company is to the whole Kingdom, and that &s;carce any particular Society or Corporation within the &s;ame can ju&s;tly boa&s;t of &s;o unanimous a Suffrage or Sanction, as the Acts of Parliament, by which this Company is e&s;tabli&s;hed: So that if effectual mea&s;ures be not taken for putting an early &s;top to &s;uch an open and violent Infringement of, and Encroachment upon the Priviledges of &s;o &s;olemn a Con&s;titution, 'tis hard to gue&s;s how far it may in after Ages, be made u&s;e of as a Precedent for invading and over|turning even the very Fundamental Rights, Natural Liberties, &amp; indi&s;putable Independency of this Kingdom; which, by the now open and frequent Practi&s;es of our unkind Neighbours, &s;eem to be too &s;hreudly pointed at. And &s;hould this Company (wherein the mo&s;t con&s;iderable of the Nobility, Gentry, Merchants, and whole Body of the Royal Boroughs are concern'd) be &s;o unhappy (which God forbid) as to have its De&s;igns rendred un&s;ucce&s;sful, through the unac|countable evil Treatments of our &s;aid Neighbours; mo&s;t certain it is, that no Con&s;ideration whatever, can thereafter induce this Nation to join in any &s;uch other Publick, tho' never &s;o advantageous Undertaking, as not doubting but to meet with the like or greater Di&s;couragements from tho&s;e who give &s;uch frequent and manife&s;t Indications of their De&s;igns, to wre&s;t our Right and Freedom of Trade out of our Hands.</P>
<PB N="19" REF="17">
<P>For which cau&s;e we humbly offer the Premi&s;&s;es to your Lord&s;hip's &s;erious Con&s;ideration, not doubting but you will (in your profound Wi&s;dom and Pru|dence) take &s;uch effectual Mea&s;ures for Redre&s;s thereof at pre&s;ent, and to prevent the like. En|croachments for the future, as may be capable to remove tho&s;e Apprehen&s;ions and Jealou&s;ies which the bare-faced and avowed Methods of the <HI>Engli&s;h</HI> do now &s;ugge&s;t, not only to our Com|pany in particular, but even to the whole Body of this Nation in general.</P>
<CLOSER><DATELINE><HI>Sign'd at</HI> Edinburgh, <DATE><HI>the</HI> 22d <HI>day of</HI> December 1697,</DATE> <HI>in Name, Pre&s;ence, and by Order of the &s;aid Council-General, by,</HI></DATELINE>
<SALUTE>May it plea&s;e your Lord&s;hips,</SALUTE> <SIGNED><HI>Your Lord&s;hips mo&s;t Obedient, and mo&s;t humble Servant,</HI> Fran. Scott, <HI>Pr.</HI></SIGNED></CLOSER>
</DIV2>
<DIV2 TYPE="letter">
<HEAD><HI>A Letter from the Council-General of the Company, to His Grace the Duke of</HI> Queens|berry.</HEAD>
<OPENER><DATELINE>Edinb. <DATE><HI>the</HI> 25th. <HI>of</HI> Decemb. 1697.</DATE></DATELINE></OPENER>
<OPENER><SALUTE>May it plea&s;e your Grace,</SALUTE></OPENER>
<P>THis is by Order of the Council-General of the <HI>Indian</HI> and <HI>African</HI> Company of <HI>Scot|land,</HI> to acquaint your Grace, that by this Po&s;t, there is a Second Addre&s;s from the &s;aid Council-General tran&s;mitted to the Secretaries of State, to be by them pre&s;ented to His Maje&s;ty. And
<PB N="20" REF="18">the Subject Matter thereof being of &s;o high a concern, not only to the Company, but al&s;o to the whole Nation; It is not doubted but that your Grace both as a Patriot and a Party Inte|re&s;ted in the Company's Stock, will imploy your Intere&s;t to &s;econd the &s;ame, refering your Grace to the Bearer for particular Information of the whole Matter, and what has been already done therein. I am,</P>
<CLOSER><SALUTE>May it plea&s;e your Grace,</SALUTE> <SIGNED><HI>Your Graces mo&s;t Obedient, and mo&s;t humble Servant,</HI> Fran: Scot, <HI>Pr.</HI></SIGNED> Mem: <HI>That Letters to this purpo&s;e, were at the &s;ame time written to &s;uch others of the</HI> Scots <HI>Nobili|ty, and mo&s;t con&s;iderable Gentry, as happen'd to be then at</HI> London.</CLOSER>
</DIV2>
<DIV2 TYPE="letter">
<HEAD>A Letter from both the Secretaries of State, in An&s;wer to the Council-General of the Company's &s;econd Addre&s;s to His Maje&s;ty.</HEAD>
<OPENER><DATELINE><HI>Ken&s;ingtoun,</HI> <DATE><HI>Jan.</HI> 17. 1698.</DATE></DATELINE></OPENER>
<OPENER><SALUTE>SIR,</SALUTE></OPENER>
<P>VVE pre&s;ented this Day to the King the Ad|dre&s;s of the <HI>African</HI> Company: We could not have Opportunity to do it &s;ooner, His Maje&s;ty being &s;o much taken up at this time The King &s;aid, That he had already given Or|ders to his Re&s;ident at <HI>Hamburg</HI> in that Matter,
<PB N="21" REF="18">conforme to his Lettter he wrote from <HI>Flanders</HI> in <HI>July</HI> la&s;t, which was communicated to the Company. We are,</P>
<CLOSER><SALUTE>SIR,</SALUTE> <SIGNED><HI>Your humble Servants,</HI> Tullibardin, Ja. Ogilvy.</SIGNED><SIGNED>To Sir <HI>Fran: Scott</HI> of <HI>Thirlestane.</HI></SIGNED></CLOSER>
</DIV2>
<DIV2 TYPE="letter">
<HEAD>To His Grace, His Maje&s;ty's High Com|mi&s;&s;ioner, and the Right Honourable the E&s;tates of Parliament.</HEAD>
<HEAD TYPE="sub"><HI>The humble Petition of the Council-General of the Company of</HI> Scotland, <HI>Trading to</HI> Africa <HI>and the</HI> Indies.</HEAD>
<OPENER>Sheweth,</OPENER>
<P>THat whereas the Wi&s;dom of the King, and this pre&s;ent Parliament, has thought fit by two &s;everal &s;olemn Acts, and Letters Patent under the <HI>Great Seal</HI> of this <HI>Kingdom,</HI> to e&s;tabli&s;h our COMPANY, with &s;uch <HI>Power, Priviledges,</HI> and <HI>Immunities,</HI> as were thought needful, to en|courage any &s;uch New Undertaking in this Na|tion, &amp; particulary to rai&s;e a Joynt-Stock in &s;uch manner as we &s;hould think fit. And for that End, to enfranchi&s;e &s;uch Foreigners, as would become Partners with us, and to enter into Trea|ties of Commerce with any in Amity with His Maje&s;ty for that effect, <HI>&amp;c.</HI> Tho&s;e of our Num|ber who were then intru&s;ted with the Manage|ment thereof, did think it mo&s;t Natural to make the fir&s;t Offer of &s;haring our &s;aid Priviledges, with
<PB N="22" REF="19">our Country-Men and other Neighbours in <HI>England,</HI> as living under the &s;ame Monarchy. And they not only readily embraced the Offer, but in Nine Days time &s;ub&s;cribed 300000 <HI>l. Sterl.</HI> as the one half of the Capital-Stock then pro|po&s;ed, and Actually payed in the fir&s;t fourth part thereof, part in <HI>Specie,</HI> part in <HI>Bank-Notes,</HI> and the re&s;t in <HI>Notes</HI> payable upon demand.</P>
<P>That both Hou&s;es of the Parliament of <HI>Eng|land,</HI> taking Umbrage at tho&s;e Proceedings, did not only joyntly Addre&s;s His Maje&s;ty, for fru&s;trat|ing the ends of the &s;aid Acts, but the Hou&s;e of Com|mons did al&s;o appoint a Committee to Examine what Methods were taken, for obtaining the &s;aid Acts of Parliament here for e&s;tabli&s;hing our Com|pany, who were the Sub&s;cribers thereto, and who were the Promoters and Advi&s;ers thereof; with Power to &s;end for Per&s;ons, Papers, and Records: Pur&s;uant to which, the &s;aid Com|mittee gave Orders to Summon not only the <HI>En|gli&s;h</HI> Sub&s;cribers, but even &s;ome Per&s;ons then Re|&s;iding in <HI>Scotland,</HI> as by the &s;aid Addre&s;s, Votes of the Hou&s;e of Commons, and Copy of the &s;aid Summons may appear; By all which, together with &s;ome other Mea&s;ures then taken, our Friends in <HI>England</HI> were, to our great Lo&s;s, Di&s;appoint|ment, and Retardment, forced to relinqui&s;h, <HI>&amp;c.</HI></P>
<P>That notwith&s;tanding of that Di&s;couragement, not only mo&s;t of the Nobility, Gentry, Mer|chants, and the whole Body of the Royal Bor|rows, have upon the Inducement, and Publick Faith of the &s;aid Acts of Parliament, and Letters Patent, Contributed as Adventurers, in rai&s;ing a far more con&s;iderable Joynt-Stock, than any was ever before rai&s;ed in this Kingdom for any Pub|lick
<PB N="23" REF="19">Undertaking, or Project of Trade what&s;oe|ver, (which makes it now of &s;o much the more Univer&s;al a Concern to the Nation) but we have al&s;o had all the Promi&s;ing Hopes of Foreign Aid, that our Hearts could wi&s;h, e&s;pecially at <HI>Ham|burgh,</HI> where the Merchants of that City entred into Contract with our Deputees, to joyn at lea&s;t 200000 <HI>l. Sterl:</HI> with us, till, to our gaeat Sur|prize and Lo&s;s, the <HI>Engli&s;h</HI> Mini&s;ters there, did, under Pretence of Special warrant from His Ma|je&s;ty, put a Stop thereto, by giving in a Memorial to the Senate of that City, not only di&s;owning the Authority of the &s;aid Acts of Parliament, and Letters Patent, but al&s;o Threatning both Senate and Inhabitants, with the King's outmo&s;t Di&s;|plea&s;ure, if they &s;hould Countenance, or Joyn with us in any Treaty of Trade, or Commerce, as by the annexed Copies thereof, in <HI>French</HI> and <HI>Engli&s;h,</HI> may appear, which Memorial we humbly pray, may for the better Information of Your Grace, and Right Honourable E&s;tates, be al&s;o Read in Parliament.</P>
<P>That after the &s;aid Memorial was by the Senate tran&s;mitted to the Commercij or Body of Merchants of that City, They to a&s;&s;ert their own Freedom, did Advi&s;e and Prevail upon our De|putees and Agent, who were there for the time, to open Books in the &s;aid Merchants Hall, where for &s;ome days they &s;ign'd con&s;iderable Sums pur&s;uant to their &s;aid Contract, tho' under Condition to be void, if we &s;hould not procure &s;ome Declara|ration from the King, that might render them &s;e|cure from the Threatnings, and other in&s;inuations contained in the &s;aid Memorial: And to our
<PB N="24" REF="20">great Di&s;appointment, thus the Ca&s;e &s;tands in Su&s;pen&s;e, between them and us to this Day.</P>
<P>That as the rea&s;onable (nay and unque&s;tion|able) Pro&s;pect which we had of a powerful A&s;|&s;i&s;tance from <HI>Hamburgh,</HI> and &s;everal other places (if not ob&s;tructed as afore&s;aid) induced us to propo&s;e a far greater Equipage at fir&s;t, than other|wi&s;e we would have done; So the rendering of the&s;e Mea&s;ures <HI>abortive,</HI> has not only weakn'd our Stock, le&s;&s;en'd our Credit, retarded our fir&s;t Ex|pedition, and di&s;heartned many of our Partners at home, but even al&s;o &s;hackled our Re&s;olutions and Power from pro&s;ecuting at pre&s;ent &s;everal other Branches of Foreign and Dome&s;tick Trades and Improvements which we had in veiw, if we had not met with &s;uch Ob&s;tructions and Di&s;|couragements from Time to Time.</P>
<P>That tho' our Company is more immediatly and &s;en&s;ibly touched in many Re&s;pects by &s;uch Proceedings, than any other; Yet we humbly conceiving al&s;o, that the Honour and Independen|cy of the Nation, as well as the Authority and Credit of the Parliament is &s;truck at through our &s;ides; We could not as Country-men, and in Duty to that Collective Power, which gave our Company fir&s;t a Being, but inform His Grace <HI>His Majesty's High Commi&s;&s;ioner,</HI> and the Right Honourable the <HI>E&s;tates of Parliament</HI> of the Premi&s;|&s;es, to the End, that the <HI>Great Council</HI> of the Na|tion, now a&s;&s;embled (whom GOD Almighty Direct) may do therein as they in their profound Wi&s;dom and Di&s;cretion, &s;hall think fit.</P>
<P>That as to what thereof concerns our Compa|ny in Particular, we &s;hall humbly beg leave to to Sugge&s;t further, That our Ships being now at
<PB N="25" REF="20">Sea, on their intended Voyage, the former Treat|ment which our Company met with in <HI>England</HI> and el&s;e where, may give us too ju&s;t grounds to &s;u&s;|pect, that if either through Multiplicity of pub|lick Affairs, or otherways how&s;oever; <HI>Your Grace</HI> and Right Honourable <HI>Estates of Parliament,</HI> &s;hould neglect the taking pre&s;ent Notice of &s;uch U&s;age, the Enemies of our Company would be thereby encouraged, either directly or indirectly to pur&s;ue their former de&s;igns of Ruining (if po&s;&s;ible) all our Mea&s;ures.</P>
<P><HI>May it therefore plea&s;e</HI> Your Grace, <HI>and the</HI> Right Honourable <HI>the</HI> E&s;tates of Parliament, <HI>to take the Premi&s;&s;es into your mo&s;t &s;erious Con|&s;ideration, to vindicat our</HI> Company's <HI>Reputa|tion Abroad, by &s;upporting the Credit of the Acts of</HI> Parliament, <HI>and Letters Patent, by which the &s;ame is E&s;tabli&s;hed, and wherein the Honour of the</HI> Nation <HI>is &s;o much concerned, to take ef|fectual Mea&s;ures (as the &s;aid Act provides) for repairing the great Lo&s;s and Damages, which we have already &s;u&s;tained, through the un|warantable Treatment above-mentioned, as well as for preventing the like for the future; &amp; withal, to continue to us the Priviledges and Exemptions, mentioned in the &s;aid Acts of Parliament, and Letters Patent, for &s;ome longer time, in con|&s;ideration of the time already elap&s;ed without Execution, and our Stock lying dead, without Improvement, by rea&s;on of the Ob&s;tructions afore&s;aid.</HI></P>
<CLOSER><DATELINE>Sign'd at <HI>Edinburgh</HI> <DATE>the 22 day of <HI>July</HI> 1698.</DATE> in Name and Pre&s;ence of the &s;aid Council-General, by,</DATELINE>
<SIGNED><HI>Ba&s;il Hamitlton,</HI> I.P.C.G.</SIGNED></CLOSER>
</DIV2>
<PB N="26" REF="21">
<DIV2 TYPE="part">
<HEAD>The Parliament's Addre&s;s to His Maje&s;ty.</HEAD>
<P>WE your Maje&s;ty's mo&s;t Loyal and Faithful Subjects, The Noblemen, Barons, and Burge&s;&s;es conveened in Parliament, humbly re|pre&s;ent to your Maje&s;ty, That having con&s;i|dered a Repre&s;entation made to us by the Coun|cil-General of the Company Trading to <HI>Africa</HI> and the <HI>Indies,</HI> making mention of &s;everal Ob|&s;tructions they have met with in the Pro&s;ecution of their Trade, particularly by a Memorial pre|&s;ented to the Senate of <HI>Hamburgh,</HI> by your Ma|je&s;ty's Re&s;idents in that City, tending to le&s;&s;en the Credit of the Rights and Priviledges granted to the &s;aid Company, by an Act of this pre&s;ent Parliament.</P>
<P>We therefore in all humble Duty lay before your Maje&s;ty the whole Nation's Concern in this Matter, and we do mo&s;t earne&s;tly entreat, and mo&s;t a&s;&s;uredly expect, That your Maje&s;ty will in your Royal Wi&s;dom, take &s;uch Mea&s;ures as may effectually vindicat the undoubted Rights and Priviledges of the &s;aid Company, and &s;upport the Credit and Intere&s;t thereof.</P>
<P>And as we are in Duty bound to return your Maje&s;ty mo&s;t hearty Thanks, for the gracious A&s;&s;urance your Maje&s;ty has been plea&s;ed to give us of all due Encouragement for promoting the Trade of this Kingdom; So we are thereby En|courag'd at pre&s;ent, humbly to recommend to more &s;pecial Marks of your Royal Favour, the Concern of the &s;aid Company, as that Branch of our Trade, in which we, and the Nation we repre&s;ent, have a more peculiar Intere&s;t.</P>
<PB N="27" REF="21">
<CLOSER><DATELINE><HI>Sub&s;cribed at</HI> Edinburgh, <DATE><HI>the</HI> 5th <HI>of</HI> Augu&s;t 1698.</DATE> <HI>in Name, Pre&s;ence, and by Warrant of the E&s;tates of Parliament.</HI></DATELINE>
<SIGNED>Seafield, <HI>I. P. D. P.</HI></SIGNED></CLOSER>
</DIV2>
<DIV2 TYPE="letter">
<HEAD>To the King's Mo&s;t Excellent Maje&s;ty.</HEAD>
<HEAD TYPE="sub"><HI>The humble Petition of the Court of Directors of the Company of</HI> Scot|land, <HI>Trading to</HI> Africa <HI>and the</HI> Indies.</HEAD>
<OPENER>Sheweth,</OPENER>
<P>THAT whereas the E&s;tates of Parliament have by their Addre&s;s of the 5th of <HI>Augu&s;t</HI> in&s;tant, been plea&s;ed to recommend the Concerns of the &s;aid Company to &s;ome Marks of your Royal Fa|vour, for &s;upporting the Credit and Intere&s;t thereof, which has already &s;uffered in a great mea&s;ure, by rea&s;on of the &s;everal Ob&s;tructions which they have met with in the pro&s;ecution of their Trade; particularly by a Memorial given in to the Senate of <HI>Hamburgh,</HI> by your Maje&s;ty's Mini&s;ters there. We are thereby encourag'd in all humility to lay before your Maje&s;ty,</P>
<P>That as the &s;aid Memorial was given in to the Senate of <HI>Hamburgh,</HI> in a mo&s;t &s;olemn and pub|lick manner; &s;o your Petitioners humbly con|ceive, that the Effects thereof cannot be taken a|way, but by &s;ome Intimation made to the &s;aid Senate, that they may enter into Commerce with your Petitioners, as freely and &s;ecurely in all re|&s;pects,
<PB N="28" REF="22">as they might have done before the giv|ing in of the &s;aid Memorial.</P>
<P>That in con&s;ideration of the Damages &s;u&s;tain'd by the Company as afore&s;aid, Your Maje&s;ty would be plea&s;ed for their Incouragement at pre&s;ent, as a Gracious Mark of your Royal Favour, to be|&s;tow upon them the two &s;malle&s;t of the Frigots, now lying u&s;ele&s;s in <HI>Brunti&s;land</HI> Harbour.</P>
<P>That in regard of the time already lo&s;t, by rea&s;on of the Ob&s;tructions afore&s;aid, Your Ma|je&s;ty would be graciou&s;ly pleas'd to continue the Priviledges granted by Act of Parliament to the &s;aid Company, of being Cu&s;tom-free, for &s;uch longer time as your Maje&s;ty &s;hall, in your Royal Wi&s;dom, think fit.</P>
<P>In re&s;pect of all which, may it plea&s;e your Maje&s;ty to take the whole Premi&s;&s;es into your Royal Con&s;ideration, and give &s;uch Orders and Directions with relation there|unto, as to your Maje&s;ty, in your Royal Wi&s;dom, &s;hall &s;eem meet and expedient.</P>
<CLOSER><DATELINE><HI>Signed at</HI> Ediburgh <DATE><HI>the</HI> 16th <HI>day of</HI> Augu&s;t 1698.</DATE> <HI>in Name, Pre&s;ence, and by Warrant of the &s;aid Court of Directors, by,</HI></DATELINE>
<SALUTE>May it plea&s;e your Maje&s;ty,</SALUTE> <SIGNED><HI>Your Maje&s;ty's most Loyal, mo&s;t Dutiful, mo&s;t Humble, and most Obedient Subject and Servant,</HI> Geo. Clark. <HI>I. P. C. D.</HI></SIGNED></CLOSER>
</DIV2>
<DIV2 TYPE="letters">
<DIV3 TYPE="letter">
<PB N="29" REF="22">
<HEAD>Letters from Mr. <HI>Steven&s;on,</HI> the Company Agent at <HI>Hamburgh,</HI> to the Court of Di|rectors of the Company.</HEAD>
<OPENER><DATELINE>Hamburgh <DATE><HI>the</HI> 4th. <HI>of</HI> October, 1698.</DATE></DATELINE></OPENER>
<OPENER><SALUTE>Much honoured Lords and Gentlemen;</SALUTE></OPENER>
<P>I Wrote to you on the 26th pa&s;t, advi&s;ing you of my going po&s;t to <HI>Hamburgh,</HI> in pur&s;uance of your Orders, where I arriv'd the 2d in&s;tant. And the Day following I waited upon the <HI>Engli&s;h</HI> Re&s;i|dent, and in the Company's Name de&s;ired to know if he had yet received his Ma&s;ter's Plea&s;ure, or|dering him no more to oppo&s;e the Tran&s;actions of the <HI>Indian</HI> and <HI>African</HI> Company of <HI>Scotland</HI> in this City; which I pre&s;&s;ing hard, an&s;wered by his Character and Honour, he never received any Orders from his Ma&s;ter that mentions the &s;aid Company, &s;ince his giving in the Memorial a|gain&s;t them: So I have no further to add, but that I am,</P>
<CLOSER><SALUTE>My Lords and Gentlemen,</SALUTE> <SIGNED>Your mo&s;t faithful Servant to power, <HI>Alexander Steven&s;on.</HI></SIGNED></CLOSER>
</DIV3>
<DIV3 TYPE="letter">
<HEAD>This was under Cover which contained what followeth.</HEAD>
<OPENER><SALUTE>Much honoured Lords and Gentlemen;</SALUTE></OPENER>
<P>BY this within-clo&s;ed, you have a full An&s;wer as to what may be expected here for ever.
<PB N="30" REF="23">Since my parture from this, I am informed that the <HI>Engli&s;h</HI> here did con&s;tantly a&s;&s;ert that the Com|pany would never be redre&s;&s;ed, and the Delay of the &s;ame, after all your means, has made an Im|pre&s;&s;ion upon the Minds of People, that it will never be, at lea&s;t &s;uch as they might tru&s;t to.</P>
</DIV3>
<DIV3 TYPE="letter">
<OPENER><DATELINE>Hamburgh <DATE><HI>the</HI> 18th <HI>of</HI> October, 1698.</DATE></DATELINE></OPENER>
<OPENER><SALUTE>Much honoured Lords and Gentlemen;</SALUTE></OPENER>
<P>I Wrote to you of the 4th current, wherein I ad|vi&s;ed you of Sir <HI>Paul Rycaut</HI> Engli&s;h Re&s;ident at <HI>Hamburgh</HI>'s An&s;wer given me anent your Affairs, to which refers: Mr. <HI>Cre&s;&s;et</HI> Envoy at the Courts of <HI>Lunenburgh,</HI> being returned from waiting upon his Maje&s;ty there; I thought it my Duty to wait up|on him, and demanded in your Names to know if his Maje&s;ty had &s;ignified his Royal Plea&s;ure, anent removing of the &s;top put to the Company's Affairs in this City, through the Memorial given in to the Senate again&s;t them: To which An&s;wered he received no &s;uch Orders, and was of the Judg|ment, If the Memorial were yet to be given in, it would be done. I &s;hall not enlarge what farther pa&s;t, but a&s;&s;ure you he &s;eems to in&s;inuate, that his private Orders from the Government of <HI>England,</HI> was to act quite contrary to your Expectations. This is all from,</P>
<TRAILER><HI>To the Right Honourable the Court of Directors,</HI> &amp;c.</TRAILER>
<CLOSER><SALUTE>My Lords and Gentlemen,</SALUTE> <SIGNED>Your obedient Servant, <HI>Alex. Steven&s;on.</HI></SIGNED></CLOSER>
</DIV3>
<DIV3 TYPE="letter">
<PB N="31" REF="23">
<HEAD>This was under Cover, which contained what followeth.</HEAD>
<OPENER><SALUTE>Much honoured Lords and Gentlemen.</SALUTE></OPENER>
<P>BY the within-clo&s;ed you have an account of what relates to your Affairs with re&s;pect to have the Merchants in this City concerned: I cannot offer to &s;peak to the Commercij about the &s;ame, but tho&s;e Merchants here that are Signers in the Books of Sub&s;criptions, are as cordial as ever, were the Stop removed, they doubt not things here would take the de&s;ired effect.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="letters">
<DIV3 TYPE="letter">
<HEAD>A Letter from the Court of Directors of the Com|pany, to the Lord <HI>Seafield</HI> Secretary of State, upon receipt of Mr. <HI>Steven&s;on</HI>'s Letters.</HEAD>
<OPENER><DATELINE>Edinburgh, <DATE><HI>Novemb.</HI> 29. 1698.</DATE></DATELINE></OPENER>
<OPENER><SALUTE>My Lord,</SALUTE></OPENER>
<P>THis is by order of the Council-General of the <HI>Indian</HI> and <HI>African</HI> Company of <HI>Scotland,</HI> to cover the inclo&s;ed Copies of two Letters lately re|ceived from our Company's Agent at <HI>Hamburgh.</HI> Upon reading whereof ye&s;terday at a meeting of the &s;aid Council-General, they were not a little &s;urpriz'd at the Contents thereof, con&s;idering the many repeated A&s;&s;urances given them formerly by Letters, word of Mouth, and even in Parliament, that the King had already given Orders to his Mi|ni&s;ters at <HI>Hamburgh,</HI> with relation to the Memo|rial given in to the Senate of that City again&s;t our Company. But after &s;ome rea&s;oning there|upon,
<PB N="32" REF="24">and con&s;idering how far your I ord&s;hips frank Undertaking, when la&s;t in <HI>Scotland,</HI> as well as the Station you are in, doth engage your be&s;t Endeavours to procure the Company Ju&s;tice, and vindicate the Kingdom's Rights in this matter. They have ordered us, the Court of Directors, to tran&s;mit the &s;aid Copies to your Lord&s;hip, and ex|pect your Lord&s;hips An&s;wer to this and our late Pe|tition to his Maje&s;ty, before they remon&s;trate any further with relation thereunto. This is in pre|&s;ence, and by Warrant of the &s;aid Court of Di|rectors, from,</P>
<TRAILER><HI>To the Right Honourable the Vi&s;count of</HI> Seafield, <HI>Se|cretary of State for the Kingdom of</HI> Scotland.</TRAILER>
<CLOSER><SALUTE>My Lord,</SALUTE> <SIGNED>Your Lord&s;hips mo&s;t humble Servant, <HI>John Schaw,</HI> P.</SIGNED></CLOSER>
</DIV3>
<DIV3 TYPE="response">
<HEAD>The Secretary's An&s;wer.</HEAD>
<OPENER><DATELINE>Whitehall, <DATE><HI>Decemb.</HI> 13. 1698.</DATE></DATELINE></OPENER>
<OPENER><SALUTE>SIR,</SALUTE></OPENER>
<P>I Received a Letter from you as Pre&s;ident of a Committee of the <HI>East-India</HI> Company, which relates to Accounts they have had from their Corre&s;pondent at <HI>Hamburgh.</HI> with the Copys of two Letters they have received: I &s;hall take the fir&s;t convenient Opportunity I can have to repre|&s;ent this Matter to the King, but I cannot as yet expect to have it; For his Maje&s;ty is very much im|ployed in the Affairs of his Parliament here. This is all the An&s;wer I can give at pre&s;ent, and which you may &s;ignify to tho&s;e concerned: I am,</P>
<TRAILER><HI>To Sir</HI> John Schaw <HI>of</HI> Greenock, <HI>&amp;c.</HI></TRAILER>
<CLOSER><SALUTE>SIR,</SALUTE> <SIGNED>Your mo&s;t faithful and hum|ble Servant. <HI>SEAFIELD.</HI></SIGNED></CLOSER>
</DIV3>
<DIV3 TYPE="response">
<PB N="33" REF="24">
<HEAD>A Letter from the Court of Directors, in An&s;we to the Secretary.</HEAD>
<OPENER><DATELINE>Edinburgh, <DATE><HI>Jan.</HI> 13. 1699.</DATE></DATELINE></OPENER>
<OPENER><SALUTE>My Lord,</SALUTE></OPENER>
<P>SIR <HI>John Schaw</HI> of <HI>Greenock,</HI> having &s;ome time ago &s;ignified to the Court of Directors of our Company, the Contents of a Letter, which he re|ceived from your Lord&s;hip, bearing date at <HI>White|hall,</HI> the 13th of <HI>December</HI> la&s;t intimating that your Lord&s;hip would take the fir&s;t convenient opportu|nity of repre&s;enting to his Maje&s;ty the Company's Petition, with relation to the Parliament's Ad|dre&s;s; as al&s;o the Contents of the Company's Let|ter to your Lord&s;hip, bearing date the 24th of <HI>November</HI> la&s;t. But in re&s;pect we have not all this time heard any further from your Lord&s;hip concerning that Matter, this is by order of the &s;aid Court of Directors to put your Lord&s;hip in mind of the Premi&s;&s;es, not doubting but you have had before this time a convenient opportunity to repre&s;ent the &s;ame to his Maje&s;ty; and in expecta|tion of your Lord&s;hips &s;peedy and &s;atisfactory An&s;wer, I remain,</P>
<TRAILER><HI>To the Right Honourable the Vi&s;count of</HI> Seafield <HI>Secretary of State.</HI></TRAILER>
<CLOSER><SALUTE>My Lord,</SALUTE> <SIGNED>Your Lord&s;hips mo&s;t humble Servant, <HI>Archbald Mure.</HI> Pr.</SIGNED></CLOSER>
</DIV3>
<DIV3 TYPE="response">
<PB N="34" REF="25">
<HEAD>The Secretary's An&s;wer.</HEAD>
<OPENER><DATELINE>Whitehall, <DATE><HI>Febr.</HI> 7 1699.</DATE></DATELINE></OPENER>
<OPENER><SALUTE>SIR,</SALUTE></OPENER>
<P>I Have pre&s;ented to his Maje&s;ty the Petition of the <HI>African</HI> Company; and I am commanded by him to let you know, That there being accounts that the Ships belonging to the Company are ar|riv'd upon the Coa&s;t of <HI>America;</HI> And the parti|cular De&s;ign not being communicated to his Maje|&s;ty, he therefore does delay to give any An&s;wer un|till he receive certain Information of their Settle|ment. This you may &s;ignifiy to the Council or Directors of the Company, as being by his Maje|&s;ty's Command: I am</P>
<TRAILER><HI>To Sir</HI> Archibald Mure <HI>of</HI> Thornton, <HI>&amp;c.</HI></TRAILER>
<CLOSER><SALUTE>SIR,</SALUTE> <SIGNED> Your mo&s;t humble Servant, <HI>Seafield.</HI></SIGNED></CLOSER>
</DIV3>
</DIV2>
<DIV2 TYPE="letter">
<HEAD><HI>A Letter from the Council-General of the Com|pany to his Maje&s;ty, giving an Account of their Colony's arrival and &s;ettlement at</HI> Da|rien: &amp;c.</HEAD>
<OPENER><SALUTE>May it plea&s;e you Maje&s;ty;</SALUTE></OPENER>
<P>WE your Maje&s;ty's mo&s;t loyal and dutiful Subjects the Council-General of the Com|pany of <HI>Scotland</HI> trading to <HI>Africa</HI> and the <HI>Indies,</HI> having by expre&s;s received an Account from the Council of our Companys Colony in <HI>America,</HI> that they arriv'd &s;afe at their intended Port within a League of <HI>Golden I&s;land</HI> on the Coa&s;t of <HI>Darien;</HI>
<PB N="35" REF="25">and after having treated on board of our Ships with the Natives, who were always ownd to <GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">e the only Proprietors of that part of the Coa&s;t, our Men did, at the reque&s;t, and with the con&s;ent of the &s;aid Natives, land on the 4th of <HI>November</HI> la&s;t, and take po&s;&s;e&s;&s;ion of an uninhabited Place, never before po&s;&s;e&s;&s;ed by any <HI>European</HI> what&s;oever; and that in pur&s;uance of the &s;aid Treaty, the chief Men and Leaders of the &s;aid Natives have join'd with, and taken Commi&s;&s;ion from the &s;aid Council. We thought it our Duty at our very fir&s;t Meeting to give your Maje&s;ty an account there|of; and likewi&s;e that by Letters from our &s;aid Council bearing date at <HI>New Edinburgh</HI> in <HI>Caledonia</HI> (being the Name given to our pre&s;ent Settlement) the 28th day of <HI>December</HI> la&s;t, we are po&s;itively informed that the <HI>French</HI> have a De&s;ign upon all that Coa&s;t, or at lea&s;t to make a Settlement &s;ome|where thereabouts. And we humbly conceive, that the firm Settlement of our Colony in tho&s;e Parts may be the means of preventing, or at lea&s;t le&s;&s;ening the evil Con&s;equences that may ari&s;e to your Maje&s;ty's Kingdoms and Dominions every where, by the Settlement of any powerful foreign Neighbour in, upon, or near any part of that Coa&s;t. And as we are always bound thankfully to acknowledge your Maje&s;ty's Goodne&s;s for grant|ing us the&s;e Priviledges mentioned in the Acts of Parliament, and your Maje&s;ty's Letters Patent by which our Company is e&s;tabli&s;hed: So we do now in all humility confidently expect your Maje&s;ty's Royal Favour and Protection, as having in all the Steps of our Conduct through the whole Cour&s;e of this Affair, &s;trictly ob&s;erved the Con|ditions required by the &s;aid Acts of Parliament and
<PB N="36" REF="26">Letters Patent: And referring this together with the Contents of our la&s;t Petition to your Maje&s;ty's Royal Con&s;ideration, to give &s;uch Directions there|in as to your Royal Wi&s;dom &s;hall &s;eem meet and expedient This is in Name, Pre&s;ence, and by War|rant of the &s;aid Council-General: Signed by,</P>
<CLOSER><DATELINE><HI>Edinburgh,</HI> <DATE>the 31st day of <HI>March</HI> 1699.</DATE></DATELINE>
<SALUTE>May it plea&s;e your Maje&s;ty,</SALUTE> <SIGNED>Your Maje&s;ty's mo&s;t faithful, mo&s;t dutiful, mo&s;t humble, and mo&s;t obedient, Subject and Servant, <HI>TWEEDDALE.</HI></SIGNED></CLOSER>
</DIV2>
<DIV2 TYPE="letter">
<HEAD>A Letter from the Court of Directors to the Lord <HI>Carmichael</HI> Secretary of State, then in waiting.</HEAD>
<OPENER><SALUTE>My Lord,</SALUTE></OPENER>
<P>THis being the fir&s;t Opportunity that we have had to Addre&s;s your Lord&s;hip, &s;ince your Advancement to that eminent Station and Place of Tru&s;t wherein you are; We mu&s;t account it a Happine&s;s that upon Receipt of the late welcome News from our Colony's Company in <HI>America,</HI> we can tran&s;mit an Account thereof to his Maje&s;ty by the hands of one &s;o much devouted to the Honour and Intere&s;t of our Country and Company, as your Lord&s;hip has upon all Occa&s;ions &s;hewn your &s;elf; and who being often Witne&s;s to our Company's Proceedings from time to time; can give a ju&s;ter account thereof than any other that has no Inter|e&s;t
<PB N="37" REF="26">in our Stock, nor has ever been among&s;t us. Inclo&s;ed you have our Council-General's &s;eal'd Letter to his Maje&s;ty, which we doubt not your Lord&s;hips will carefully deliver, together with an exact Copy thereof for your Lord&s;hips better In|formation, to which we refer, but &s;hall for your further Information enlarge a little upon the &s;e|veral Heads therein mention'd: As to our place of Settlement it is &s;o far from having ever been po&s;&s;e&s;s'd by any European what&s;oever, that by all the Accounts that we could ever yet get, not only at this time from the Council of our Colony, but even by &s;uch Letters as we have &s;een and heard of from <HI>Curacao,</HI> and other <HI>American</HI> I&s;lands, no European did before our Settlement &s;o much as once &s;et a foot upon that Plot of Ground wherein our Colony is now fix'd: And tho the &s;ame was altogether uninhabited, when our People came there, the chief Men and Leaders of the Natives of that part of the Coa&s;t neare&s;t adjoining to <HI>Golden I&s;land</HI> Ea&s;t-ward and We&s;tward, have not only treated with the Council of our Colony be|fore Landing, but have al&s;o in pur&s;uance of that Treaty in a mo&s;t kind and friendly manner ad|mitted our &s;aid Colony into &s;uch Places of their Neighbourhood as are not yet po&s;&s;e&s;&s;ed, and taken Commi&s;&s;ions from the &s;aid Council in a very &s;olemn manner, and joined with our People; <HI>And that in con&s;ideration of our Colony's admiting them and their followers to participate of the Liberties and Priviledges granted to our Company by his Maje&s;ty of</HI> Great Britain <HI>OUR SOVERAIGN LORD, with Advice and con&s;ent of his Parliament of</HI> Scotland, <HI>en|treating to be protected accordingly:</HI> We repeat the&s;e Words, as being the expre&s;s Words of the fir&s;t
<PB N="38" REF="27">Commi&s;&s;ion which the &s;aid Council granted. As to the <HI>French</HI> De&s;igns of &s;etling thereabouts, it is a Point not to be doubted of: For in order there|unto they have already been tampering with &s;e|veral of the Natives, &s;ome of whom they endea|vour'd to have carried into <HI>France;</HI> and we have very good rea&s;on to believe that a further Pro|gre&s;s had been made in that matter before now, were it not the daily Expectations which that Court had of the King of <HI>Spains</HI> Death, which we humbly conceive is a Matter worthy of his Maje|&s;ty's con&s;ideration, and of no &s;mall concern to the intere&s;t of his whole Dominions, tho this Na|tion and our Company may &s;eem to be more immediatly intere&s;ted, at pre&s;ent.</P>
<P>Your Lord&s;hip &s;ees we have in the inclo&s;ed Let|ter to the King made mention of our la&s;t Petition, and hope your Lord&s;hip will take a convenient Opportunity to back the &s;ame: For as your Lord|&s;hip knows, we have already &s;uffered con&s;iderably by encroaching upon our Priviledges, &s;o we ought to be very careful, as much as in us lies, not to admit of any dangerous Precedents. And re|ally we mu&s;t &s;ay, We were very much &s;urpriz'd the other day, when we under&s;tood by Letters from the Council of our Colony, that Capt. <HI>Long</HI> Commander of the <HI>Rupert</HI> Prize, who carries his Maje&s;ty's Commi&s;&s;ion for finding out and fi&s;hing of Wrecks, &s;hould under the colour of that Com|mi&s;&s;ion, wherever he went, traduce our Under|taking and Colony to all &s;orts of People upon that Coa&s;t, whether Natives or others, declaring that our &s;aid Colony was no other than a pack of Rogues, Vagabounds, Robbers, and broken Offi|cers, without any Commi&s;&s;ion, and that the King
<PB N="39" REF="27">would not own them; nay further, he him&s;elf came into our Harbour, where he was very courte|ou&s;ly and re&s;pectfully treated by all our People there; in recompence of which, he very ingrate|fully made it his &s;tudy all the while to &s;educe our Men, and did carry off one of our chief Car|penters, which is a very con&s;iderable Lo&s;s in that part of the World, and in the Infancy of our Settlement, con&s;idering how nece&s;&s;ary a Man he was, and the Difficulty of &s;upplying his Place &s;o quickly as they may have occa&s;ion for him. This kind of U&s;age is really &s;o provocking, that we cannot &s;uppo&s;e but that the King may be graci|ou&s;ly plea&s;ed to interpo&s;e his Royal Authority for preventing the like U&s;age in time to come, if his Maje&s;ty were duely informed thereof. So in the confidence of his Maje&s;ty's gracious Counte|nance and Protection, and your Lord&s;hip's hear|ty Endeavours to procure the &s;ame; this is by Order of the Council-General, and in Name, Pre&s;ence, and by Warrant of the Court of Di|rectors of our Company, Signed by,</P>
<CLOSER><DATELINE>Edinburgh <DATE>1&s;t <HI>day of</HI> April, 1699.</DATE> <HI>To the right Honourable, the Lord</HI> Carmichael, <HI>Secretary of State.</HI></DATELINE>
<SALUTE>My Lord,</SALUTE> <SIGNED>Your Lord&s;hip's mo&s;t obedient and mo&s;t humble Servant, <HI>J. Haldane.</HI> P.</SIGNED>
<POSTSCRIPT>
<P><HI>Memorandum,</HI> There was another Letter to the &s;ame purpo&s;e, written to the Vi&s;count of <HI>Seafield,</HI> with an inclo&s;ed Copy of the &s;aid Letter to the King.</P>
</POSTSCRIPT></CLOSER>
</DIV2>
<DIV2 TYPE="memorial">
<PB N="40" REF="28">
<HEAD><HI>A Memorial given in to the King of</HI> Great Britain <HI>by the Amba&s;&s;ador Extraordinary of</HI> Spain; <HI>again&s;t the</HI> Scots <HI>Settlement at</HI> Darien.</HEAD>
<P>THe Sub&s;criber, Amba&s;&s;ador Extraordinary from His Catholick Maje&s;ty, finds him&s;elf obliged, by expre&s;s orders, to repre&s;ent to your Maje&s;ty, that the King his Ma&s;ter having receiv|yed Information from different places, and la&s;t of all from the Governour of <HI>Havana,</HI> of the In|&s;ult and attempt of &s;ome <HI>Scots</HI> Ships, equipt with Men and other things requi&s;ite, who de&s;ign to &s;ettle them&s;elves in His Maje&s;ty's Soveraign. De|mains in <HI>America,</HI> and particularly the Province of <HI>Darien.</HI> His Maje&s;ty received tho&s;e Advices with very much di&s;content, and looks upon the &s;ame as a token of &s;mall friend&s;hip, &amp; as a rupture of the Alliance between the two Crowns (which His Maje&s;ty hath ob&s;erved hitherto, and always ob&s;erves very religiou&s;ly, and from which &s;o ma|ny Advantages and Profites have re&s;ulted both to your Maje&s;ty and your Subjects); As a con&s;e|quence of which corre&s;pondence His Maje&s;ty did not expect &s;uch &s;udden in&s;ults and attempts by your Maje&s;ty's Subjects, and that too in a time of Peace, (without pretext or any cau&s;e) in the very heart of his Demains.</P>
<P>All that the King de&s;ires, is, that this may be repre&s;ented to your Maje&s;ty, and that your Maje|&s;ty may he acquainted, that he is very &s;en&s;ible of &s;uch Ho&s;tilities and unju&s;t procedures, again&s;t which His Maje&s;ty will take &s;uch mea&s;ures as he thinks convenient.</P>
<CLOSER><DATELINE><HI>Given at</HI> London <DATE><HI>the</HI> 13/<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> <HI>day of</HI> May 1699.</DATE></DATELINE></CLOSER>
</DIV2>
<DIV2 TYPE="memorials">
<PB N="41" REF="28">
<HEAD><HI>The Three following Memorials were pre|&s;ented to His Maje&s;ty in</HI> May 1699. <HI>by the Lord Pre&s;ident of the Se&s;&s;ion, and Lord Advocat, on behalf of the Company of</HI> Scotland, <HI>Trading to</HI> Africa <HI>and the</HI> Indies, <HI>a&s;&s;erting the Legality of their Settlement in</HI> Darien.</HEAD>
<DIV3 N="1" TYPE="memorial">
<HEAD>1&s;t. <HI>MEMORIAL.</HI></HEAD>
<P>THe E&s;tabli&s;hment of the Company of <HI>Scot|land,</HI> Trading to <HI>Africa</HI> and the <HI>Indies,</HI> was fir&s;t prepared by an Act of Parliament 1693. In|viting and Encouraging Per&s;ons in General, to enter into Societies, and Companies, for carry|ing on a Trade to what&s;oever Kingdoms, Coun|trie or parts of the World, not being in War with His Maje&s;ty, and thereafter perfected by the Act of Parliament 1695, and a Charter thereon under the Great Seal, whereby the &s;aid Company was fully Settled with all the Powers, Priviledges, and Immunities in u&s;e to be granted in &s;uch ca&s;es, and particularly with Power to plant Colonies, and build Cities, Towns, and Forts in <HI>A&s;ia, Africa,</HI> or <HI>America,</HI> upon Places not Inhabited, or upon any other Place, by Con&s;ent of the Natives, and Inhabitants thereof, and not po&s;&s;e&s;s'd by any <HI>European</HI> Prince or State.</P>
<P>The Settling of this Company was &s;o accept|able to the whole Kingdom, abounding always with Men, and of late Years, very de&s;irous to enlarge Trade and Commerce, That the Com|pany's
<PB N="42" REF="29">Books being once opened, Sub&s;criptions for a va&s;t Sum were compleated long before the Day prefix'd by the Act of Parliament, and there were few Per&s;ons or Families of any Account within the Kingdom, who were not therein par|ticularly concerned.</P>
<P>But tho' the Sub&s;criptions were &s;oon compleat|ed, and the Advances made, as readily as pro|pos'd; yet the Directors and Managers, did proceed with great Deliberation, not being more Cautious to Conceal the Place where they were de&s;ign'd for, than Careful to make &s;uch a Choice, as might be exactly in the Terms of their Act and Patent, To wit. <HI>Either not Inhabited, or freely Con&s;ented to, by the Natives, and not po&s;&s;e&s;s'd by any</HI> European <HI>Prince or State, and &s;o lyable to no Exception.</HI></P>
<P>In pur&s;uance of the&s;e Re&s;olutions, The Com|pany prepared Men, and Provi&s;ions, and &s;et out their Ships, and in the Month of <HI>November</HI> 1698, arrived on the Noth-&s;ide of the <HI>Isthmus</HI> of <HI>Darien</HI> in <HI>America,</HI> they pitched upon a Place never be|fore po&s;&s;e&s;s'd by the <HI>Spaniards;</HI> and after formal and di&s;tinct Treaties, obtained the Con&s;ent and Good-will of all the Neighbouring Natives and People.</P>
<P>The <HI>Spaniards</HI> and <HI>French</HI> rai&s;e a Clamour a|gain&s;t the Settlement, as an Inva&s;ion of the <HI>Spani&s;h</HI> Po&s;&s;e&s;&s;ions and Dominions, in as much as the Place where the Company hath fixed, lyes as it were in the Middle and Bo&s;om of the <HI>Spani&s;h</HI> Countries, having <HI>Carthagena</HI> on the Ea&s;t, and <HI>Porto-Bello</HI> on the We&s;t, and <HI>Panama</HI> on the South, which is al&s;o alledged to be contrary to the
<PB N="43" REF="29">Treaties betwixt the King of <HI>Great Brittain</HI> and the King of <HI>Spain,</HI> whereby all the&s;e Countrie's are yeilded and conformed to the <HI>Spaniards</HI></P>
<P>If the&s;e parts of <HI>America</HI> had been wholly Void and Uninhabited, when the <HI>Spaniards</HI> made their fir&s;t Di&s;coveries, and Plantations there, the Que&s;tion had certainly proceeded upon the head of Occupation, the only Ground acknowledg'd by all Lawyers to determine the Property of all Wa&s;te and Uninhabited Countries, where a formal Divi&s;ion hath not Interveened, as <HI>Grotius</HI> in particular, in his Second Book <HI>de jure Belli</HI> doth abundantly clear, and then the <HI>Spaniards</HI> mu&s;t have further Sub&s;umed, That as they found the&s;e Countries Wa&s;te, &s;o they were the Occu|piers and Po&s;&s;e&s;&s;ors thereof; and in Special, that they were the fir&s;t Occupiers and Po&s;&s;e&s;&s;ors of the <HI>I&s;thmus</HI> of <HI>Darien,</HI> and the Place where the Company hath Settled, it being mo&s;t certain, that Occupation gives no Right, &s;ave in &s;o far as the Real and Actual Po&s;&s;e&s;&s;ion extends.</P>
<P>But &s;eing on the other hand, it is Nottour, and by all Acknowledg'd, That the <HI>Spaniards</HI> did not find the&s;e Parts Wa&s;te, and Uninhabited, this Argument mu&s;t nece&s;&s;arily fall; and all that the <HI>Spaniards</HI> can now Plead, is either pre&s;ent Po&s;&s;e&s;|&s;ion, which the Company's Patent owns to be a &s;ufficient Right to any <HI>European</HI> Prince or State, or the above-mention'd Treaties, as exclu&s;ive of the King of <HI>Great Brittain's</HI> Subjects.</P>
<P>For clearing then the Claim and Point of Po&s;|&s;e&s;&s;ion, The Company denies that ever the <HI>Spaniard</HI> had any Po&s;&s;e&s;&s;ion of the Place where they have Planted; and its obviou&s;ly Incumbent
<PB N="44" REF="30">to the <HI>Spaniard,</HI> if they alledge Po&s;&s;e&s;&s;ion, to prove and in&s;truct their Alledgance for the Com|pany's Argument being Negative, <HI>viz.</HI> That the <HI>Spaniards</HI> did never Po&s;&s;e&s;s the Country where the Company hath Settled, it Undeniably proves it &s;elf, as all Lawiers affirm, unle&s;s the contrary, to wit, The <HI>Spaniards</HI> Po&s;&s;e&s;&s;ion, be evidently made out and proved, which is impo&s;&s;ible; Nor do the <HI>Spaniards</HI> pretend to prove the &s;ame; But their Alledgance is, That in the&s;e large Coun|tries of <HI>America,</HI> it were plainly Capricious to re|quire the Actual Po&s;&s;e&s;&s;ion of every particular Place; But &s;ince they have the Uncontraverted Right and Po&s;&s;e&s;&s;ion of <HI>Carthagena, Porto-Bello,</HI> and <HI>Panama,</HI> which are the Extremities that in a manner environ the <HI>Isthmus</HI> of <HI>Darien,</HI> their Po&s;&s;e&s;&s;ion of the&s;e Places, mu&s;t infer a Po&s;&s;e&s;&s;ion of the Interjacent Country in which the Com|pany hath Settled, and con&s;equently, that the Company hath Encroached upon, and Invaded their Right: And further, its &s;aid, That the <HI>Spaniards</HI> have actually po&s;&s;e&s;s'd Gold and Silver Mines in <HI>Darien,</HI> much nearer to the Company's Settlement than <HI>Carthgena,</HI> or the&s;e other Places, and have con&s;tantly been in u&s;e to Seize and make Prize of all Ships coming upon the Coa&s;t, be|twixt <HI>Porto Bello</HI> and <HI>Carthagena,</HI> as Invaders of their Po&s;&s;e&s;&s;ions, tho' the&s;e Ships did really pertain to Friends and Allies.</P>
<P>To all which, It is an&s;wered, 1mo. That the above-mentioned Places belonging to the <HI>Spaniard,</HI> are very far di&s;tant from the Settlement of the Company, <HI>Carthagena</HI> above Fifty, and <HI>Porto-bello</HI> and <HI>Panama</HI> above Thirty Leagues, which Di|&s;tances are more then &s;ufficient to render Coun|tries
<PB N="45" REF="30">di&s;tinct, both as to Right and Po&s;&s;e&s;&s;ion. 2do. It's certain, that <HI>Carthagena, Porto-bello</HI> or <HI>Panama,</HI> cannot be under&s;tood to have unlimited Territories; if then their Territories be limited, it belongs to the makers of the Objection to &s;how, that the Limits of the&s;e places do reach to, and comprehend the Place po&s;&s;e&s;s'd by the Company, which neither the <HI>Spaniards,</HI> nor any for them, will ever be able to prove, by the Law of Na|tions, or any known Rule, or Cu&s;tom in &s;uch Ca&s;es.</P>
<P>It hath already been Notic'd, That tho' the&s;e Countries had been wholly Void, when the <HI>Spaniards</HI> begun to Plant there, they could only by their Po&s;&s;e&s;&s;ion have appropriat as far as they did po&s;&s;e&s;s, and that what was not po&s;&s;e&s;s'd, would have remain'd free, to be appropriated by the Occupation, and po&s;&s;e&s;&s;ion of any other People, a Rule Uncontraverted among&s;t all Na|tions on the Face of the Earth.</P>
<P>But the Ca&s;e of <HI>America</HI> being, That before any Plantations were Settled there, by the <HI>Spani|ards,</HI> the Natives were undoubtedly the Po&s;&s;e&s;&s;ors and Proprietors. It follows nece&s;&s;arly, That Colonies coming to Settle among them, mu&s;t derive Right from them, and that either by Con|&s;ent, Surrender, or Conque&s;t, it being impo&s;|&s;ible in the ca&s;e of Countries inhabited, there can be any other Manner or Mean of Acqui&s;ition; But &s;o it is, That the <HI>Spaniards</HI> acquiring after this manner, neither could, nor can pretend to have Right to more than did pertain to the Peo|ple where they Settled, whether by Con&s;ent, Surrender or Conque&s;t.</P>
<P>Whence it nece&s;&s;arly follows, That &s;ince <HI>Darien</HI> was a di&s;tinct Country, and the Inhabitants
<PB N="46" REF="31">thereof a di&s;tinct People, from tho&s;e Countries and Nations, where the <HI>Spaniards</HI> have hitherto Settled whether by Con&s;ent, Surrender, or Conque&s;t; The <HI>Spaniards</HI> cannot pretend to extend their Right beyond that of their Predece&s;&s;ors, and the People &amp; Country of <HI>Darien</HI> mu&s;t &s;till be as free from the <HI>Spaniards,</HI> as they were from their Predece&s;&s;ors; and con&s;equently, that the Company coming to po&s;&s;e&s;s with the <HI>Dariens</HI> Con&s;ent, and by their Right, mu&s;t be in the like Condition, and no|ways lyable to either the Claim, or Complaint of the <HI>Spaniards,</HI> That the Country and Natives of <HI>Darien</HI> did never &s;ubmit to, or were conquered by the <HI>Spaniards,</HI> mu&s;t &s;tand as a &s;ure Po&s;ition, unle&s;s the contrary be proven: But further, it is al&s;o certain, That the <HI>Dariens</HI> were never Repute to have any Dependency even on the great Em|pires of <HI>Mexico</HI> and <HI>Peru,</HI> much le&s;s upon the lit|tle places of <HI>Carthagena, Porto-bello,</HI> or <HI>Panama:</HI> Be&s;ides, The <HI>Dariens</HI> have been in frequent War with the <HI>Spaniards,</HI> &s;ince their fir&s;t arrival into the&s;e Parts, and were never to this day Conquer|ed: All which being atte&s;ted by the <HI>Engli&s;h,</HI> and other Travellers, who have Written on this Subject; It appears to be beyond Controver&s;y, That the Company having Settled with the Con|&s;ent of the&s;e <HI>Dariens,</HI> mu&s;t have the &s;ame Right, with the &s;ame Priviledges and Freedom of Trade which the <HI>Dariens</HI> had, and that both are equally free from all the <HI>Spani&s;h</HI> Preten&s;ions,</P>
<P>It is a known Ca&s;e that an <HI>Engli&s;h</HI> Man one <HI>Sharp,</HI> having join'd with the <HI>Dariens</HI> again&s;t the <HI>Spaniards,</HI> invaded their Territories; he was ac|cu&s;ed by the <HI>Spaniards</HI> in <HI>England,</HI> as guilty of
<PB N="47" REF="31">Robbery and Piracy, but was acquitted, becau&s;e he acted by Commi&s;&s;ion from one of the <HI>Darien</HI> Princes, which is an undeniable Evidence, that this Prince and his Countrey were judged to be independent on the <HI>Spaniards.</HI></P>
<P>The <HI>Spaniards</HI> may al&s;o have wrought Mines of Gold and Silver within the I&s;thmus; but no &s;uch po&s;&s;e&s;&s;ion can &s;upport their Complaint: The neare&s;t po&s;&s;e&s;&s;ion of Mines that they can pretend was in Captain <HI>Diego</HI>'s Country, on the Gulf of <HI>Darien,</HI> more than 15 Leagues di&s;tant from the Company's Settlement; Neither did the <HI>Spaniard</HI> get the&s;e Mines by Conque&s;t, or Purcha&s;e, but by a plain &s;tipulate Permi&s;&s;ion from Captain <HI>Diego,</HI> and his people, which changed not the Property; And upon Breach of Conditions, the <HI>Spaniards</HI> were quickly ca&s;t out, &s;o that when the Company came to &s;ettle on the I&s;thmus, it was fully cleared of the <HI>Spaniards</HI> &amp; all their pretences.</P>
<P><HI>Carthagena, Portobello</HI> and <HI>Panama,</HI> are adjacent to, and do in a manner environ the I&s;thmus of <HI>Darien;</HI> But that this Vicinity gives to the <HI>Spani|ards</HI> no Claim of Right, is evident from many In&s;tances; <HI>Tangier, Cheuta</HI> and <HI>Mamora,</HI> ly in the Bo&s;om of the Empire of <HI>Moroceo,</HI> and yet belong to <HI>European</HI> Princes; The <HI>Engli&s;h</HI> and <HI>French</HI> have Neighbouring Settlements upon the River <HI>Gambo</HI> in <HI>Africk,</HI> and all along the Coa&s;t of <HI>Africk</HI> the <HI>Engli&s;h</HI> and other <HI>European</HI> Princes have their Set|tlements intermixed and contiguous, where they Trade with all Freedom, without any mutual Impeachment. The <HI>Engli&s;h</HI> and <HI>French</HI> have both Plantations upon the I&s;land of <HI>Newfoundland,</HI> and the <HI>Dutch</HI> in time of Peace &s;ettled upon <HI>Long I&s;land,</HI> and the adjacent Countrey environed on all hands
<PB N="48" REF="32">by the <HI>Engli&s;h</HI> Plantations, and yet no War en|&s;ued, but the <HI>Dutch</HI> continued their po&s;&s;e&s;&s;ion till the Exchange was made for <HI>Suranam.</HI></P>
<P>The <HI>Spani&s;h</HI> Fleets do nece&s;&s;arly pa&s;s betwixt the Cape of <HI>Florida</HI> belonging to the <HI>Spaniards,</HI> and the <HI>Bahama</HI> I&s;lands, yet the <HI>Engli&s;h</HI> po&s;&s;e&s;s them&s;elves of the &s;aid I&s;lands, and have al&s;o &s;e|veral times &s;ettled at <HI>Port-Royal</HI> in the bottom of the Bay of <HI>Campiechy</HI> in the Gulf of <HI>Mexico,</HI> for cutting of Logwood, and have thence removed and &s;ettled again at their plea&s;ure. The <HI>French</HI> have al&s;o endeavoured to &s;ettle in the Bay of <HI>Mex|ico,</HI> and lately and more clo&s;ely in the <HI>Samblas</HI> I&s;lands on the Coa&s;t of <HI>Darien;</HI> They likewi&s;e &s;ettled a Colony in <HI>Petitguavis</HI> in <HI>Hi&s;paniola,</HI> and in <HI>Guiana</HI> on the Continent, notwith&s;tanding of the Vicinity of the <HI>Spaniards.</HI> The <HI>Dutch</HI> and <HI>Portugue&s;e</HI> have their Re&s;pective Plantations on the Coa&s;t of <HI>Bra&s;il,</HI> to which the <HI>Spaniards</HI> pretend Right as well as to the I&s;thmus of <HI>Darien,</HI> &s;uch as the I&s;lands of <HI>Cura|&s;ao,</HI> and <HI>Bowane,</HI> near to <HI>Carthagena</HI> on the Ea&s;t, and <HI>Suranam</HI> and others upon the Continent, and yet never quarrelled. It is granted that the <HI>Spa|niards</HI> in their exce&s;&s;ive Jealou&s;ie, and upon the Pretext that by Treaties, none were to Trade in their Ports or Harbours, &s;uch as <HI>Carthagena,</HI> and <HI>Porto-bello</HI> without their Licence, have &s;eized and made prize of the Ships that they have found upon the Coa&s;t betwixt the &s;aid Places; But fir&s;t, they did this upon pretext of the &s;aid Treaties. Secondly, Injury and Violence make no Right.</P>
<P>And thirdly, it is mo&s;t certain when the <HI>Spaniards</HI> have been overcomeand beat off in &s;uch Attempts, and forced to &s;uffer both <HI>Dutch</HI> and <HI>Engli&s;h</HI> to cut Logwood on that
<PB N="49" REF="32">Coa&s;t, yet the <HI>Spaniards</HI> did never complain of any Violation of Right, as knowing perfectly they had none, as may be &s;een in <HI>Dampier, Water,</HI> and other writers.</P>
<P>The <HI>Spaniards</HI> at fir&s;t endeavoured to amu&s;e the World, with the Popes Gift of the <HI>West-Indies,</HI> and after the King of <HI>Spain</HI>'s becoming King of <HI>Portugal,</HI> and in the Right of that Crown, claim|ing the Benefit of the Popes Gift of the <HI>Ea&s;t-In|dies,</HI> he a&s;&s;umed the Magnifick Title of <HI>Indiarum Rex:</HI> Yet he was never able to make good his Right, or exclude others by the&s;e empty Names; but in all Competitions the Pretentions of <HI>Spain,</HI> did either re&s;olve in Occupation of what was void or &s;urrendered, or conque&s;t of what was po&s;&s;e&s;s'd by Natives; and that Title was never much regarded, either by <HI>Spain, Portugal,</HI> or any other Prince Popi&s;h or Prote&s;tant.</P>
<P>The &s;econd Head which may be pleaded for the <HI>Spaniard,</HI> is, the Treaties that have been be|twixt the Crowns of <HI>England</HI> and <HI>Spain.</HI> But 1mo. Granting that the Kingdom of <HI>Scotland</HI> will never di&s;own any Treaty betwixt their King (whom GOD long pre&s;erve and pro&s;per) may be concerned, where are the&s;e Treaties that exclude either the <HI>Scots</HI> or <HI>Engli&s;h,</HI> from po&s;&s;e&s;&s;ing <HI>Darien?</HI> if not inhabited, or where Inhabited, with con&s;ent of the Inhabitants? If the <HI>Spaniard</HI> propone upon the&s;e Treaties, they mu&s;t produce them. 2do. All to be found in the latter Treaties betwixt the &s;aid Crowns, &s;uch as the Treatie 1667, and the Treatie 1670, which may be under&s;tood to be the only Regulating Treaties in this Mat|ter, is that in the former, The King of <HI>Spain</HI> o|bliges him&s;elf not to mole&s;t the King of <HI>England,</HI>
<PB N="50" REF="33">or his Subjects in their Plantations in <HI>America,</HI> the&s;e particulars enumerated not by way of Ex|ception, but becau&s;e &s;ome of them had been con|traverted. And that in the other Treaty 1670, It is agreed in the 7th. Article, That the King of <HI>Great Brittain,</HI> and <HI>His Heirs and Succe&s;&s;ors,</HI> &s;hall have, hold, and po&s;&s;e&s;s, with full Right of Em|pire, Property, and Po&s;&s;e&s;&s;ion, all Lands, Regions, I&s;les, Colonies, and Lord&s;hips, &s;ituated in the <HI>West-Indies,</HI> or any part of <HI>America,</HI> which his &s;aid Maje&s;ty, or his Subjects, did then hold or po&s;&s;e&s;s, So that no contraver&s;ie on any pretence, was thereafter to be moved on that Subject. And in the eight Article, That the Subjects of the &s;aid King &s;hould ab&s;tain from all Commerce and Na|vigation, in the Ports and Places, having Forts, Ca&s;tles, or Staples for Merchandi&s;e, po&s;&s;e&s;&s;ed by either of them. To wit, That the Subjects of <HI>Great Brittain</HI> &s;hould not Trade, nor Sail to the Ports nor Places, which the King of <HI>Spain</HI> hath in the <HI>VVe&s;t-Indies,</HI> nor the Subjects of the King of <HI>Spain,</HI> Trade nor Sail to the Places, which the King of <HI>Great Brittain</HI> there po&s;&s;e&s;&s;es, without Licence given <HI>hincinde,</HI> in the Terms therein &s;et down. By which it plainly appears, that all a|greed to, was, and is, That the Kings and their Subjects re&s;pectively, &s;hould forbear Injuries, as likewi&s;e to Trade and Navigate without Licence in the Ports, Ca&s;tles, and Staples, to either of them belonging, which can no ways exclude the King of <HI>Great Brittain</HI> and his Subjects from Trading, or making new Plantations in to &s;uch Places in <HI>America,</HI> as either are not inhabited, or where the King of <HI>Spain</HI> hath no Right. The <HI>Spaniard</HI> may po&s;itively pretend, that the Treaties provid|ed
<PB N="51" REF="33">to the King of <HI>England,</HI> and his Subjects of cer|tain particular Places, and generally what they then po&s;&s;e&s;s'd in the <HI>We&s;t Indies,</HI> may be con&s;trued an Exception, and import (as it were) an Ac|knowledgement, that the re&s;t of the <HI>We&s;t Indies</HI> did belong to the Crown of <HI>Spain.</HI> But, 1mo, The Places provided to the King of <HI>England</HI> and his Subjects are only enumerate for the greater Cauti|on and Security, becau&s;e &s;ome of them had been taken from the King of <HI>Spain,</HI> and thereupon con|traverted. And, 2do, It is evident by the fore&s;aid eight Articles, the Re&s;erve of Trade is equally and mutually provided, and re&s;tricted to the King of <HI>Great Brittain</HI> and the King of <HI>Spain,</HI> their re&s;|pective Po&s;&s;e&s;&s;ions; &s;o that nothing can be eli|cite from the&s;e Treaties, to give the King of <HI>Spain</HI> the Right to the whole <HI>We&s;t Indies,</HI> excepting the fore&s;aid places po&s;&s;e&s;&s;ed by the King of <HI>England,</HI> nor to ty up the King of <HI>Brittain</HI> and his Sub|jects, from <HI>making new</HI> lawful Acqui&s;itions in the&s;e Parts. <HI>But it is agreed to,</HI> That they &s;hould &s;ecure the one, the other in their re&s;pective Po&s;|&s;e&s;&s;ions; And thus the&s;e Treaties have been al|ways under&s;tood, nor have they hindred the <HI>Engli&s;h</HI> to enlarge their Po&s;&s;e&s;&s;ions inthe <HI>We&s;t Indies</HI> upon ju&s;t Occa&s;ions, which certainly be|longs as much, if not more to the <HI>Scots.</HI></P>
</DIV3>
<DIV3 N="2" TYPE="memorial">
<HEAD>2d. MEMORIAL, By the &s;ame.</HEAD>
<P>THe Company of <HI>Scotland</HI> Trading to <HI>Africa</HI> and the <HI>Indies,</HI> having by the other Me|morial, endeavoured to clear the Ju&s;tice of their Proceedings, as to their Settling a Plantation in the <HI>I&s;thmus</HI> of <HI>Darien</HI> in <HI>America,</HI> do further in all Humility Repre&s;ent,</P>
<PB N="52" REF="34">
<P N="1">1mo, That there was never any Enterprize of a more National Concern, than the fore&s;aid Plan|tation is to the Kingdom of <HI>Scotland,</HI> the Erecting and E&s;tabli&s;hing of the &s;aid Company, was the Unanimous De&s;ire and Satisfaction of the Nation, all Per&s;ons almo&s;t, and Families of any Con&s;ide|ration, did readily &s;ub&s;cribe for, and advance con&s;iderable Sums, for carrying on the De&s;igns of the Company, much above what could have been expected. The Succe&s;s the Company hath had, in overcoming Difficulties, and fixing upon a Place that appears &s;o advantageous to Trade and Commerce, hath likewi&s;e rai&s;ed the Expectation and De&s;ire of its Continuance and Pro&s;perity, to a far higher Degree than ever was known in any Bu&s;ine&s;s of this Nature: And, <HI>La&s;tly,</HI> it is mo&s;t certain, That nothing could be more Grievous and Afflicting to the whole Nation, without Ex|ception, than that this Undertaking, &s;o far and &s;o happily advanced, &s;hould meet with the lea&s;t Di&s;couragement, e&s;pecially from &s;uch, who&s;e Countenance and A&s;&s;i&s;tance is &s;o earne&s;tly cra|ved.</P>
<P N="2">2do, It appears from the whole Circum&s;tances of this Affair, That the <HI>Engli&s;h</HI> Nation can have no Prejudice, but rather Advantage by the fore|&s;aid Undertaking: For, <HI>Fir&s;t,</HI> If it &s;hall be profi|table, the Profit evidently redounds to their Fel|low Subjects and good Neighbours. <HI>Secondly,</HI> The <HI>Engli&s;h</HI> have free Acce&s;s, to come in and par|take of the Profit, when they plea&s;e. <HI>Thirdly,</HI> The Product of the Place is probably like to con|&s;i&s;t neither of Tobacco nor Suggars, the great Commodities of the <HI>Engli&s;h</HI> Plantations, but of &s;uch Goods and Commodities, as the <HI>Engli&s;h</HI> do not afford. <HI>Fourthly,</HI> It is true, That by the Act
<PB N="53" REF="34">of Parliament, and Patent of the Company, all Ships imployed by the Company, are to return to the Kingdom of <HI>Scotland</HI> with their Effects: But it is as true, That the &s;aid Act and Patent did bear the Liberty and Priviledge of a Free Port, and Mercat for all Strangers that &s;hall be plea&s;ed to Trade with them, who are not under the fore|&s;aid Obligation, but may come and go with their Return whether they plea&s;e, which cannot but be of Advantage to the whole <HI>Engli&s;h</HI> Plantati|ons, as to a Free Cour&s;e of Trade. <HI>Fifthly,</HI> It is likeways granted, That by the fore&s;aid Act of Parliament, the Ships, Goods and Effects what|&s;oever belonging to the &s;aid Company, are de|clared free of all Cu&s;toms and other Duties, for the &s;pace of 21 Years, but then four of the &s;aid Years are already run, and this &s;mall Encourage|ment was needful to begin &s;o great a Work, where|of probably the Profit can little more than equal the Expen&s;es for all that &s;pace; And be&s;ides, the Duties of Tobacco and Sugar, not of the Growth of the &s;aid Plantation, are excepted, and not di&s;charged: And al&s;o it is evident, That if the Plantation pro&s;per, the fore&s;aid &s;hort Di&s;charge of Cu&s;toms, and other Duties, will be richly compen&s;ed by the great Increa&s;e of Trade, and con&s;equently of His Maje&s;ties Cu&s;toms, that may for thereafter be thence expected. And, <HI>Sixth|ly,</HI> The Company and Plantation cannot rea&s;o|nably threaten any Diminution of His Maje&s;ties Cu&s;toms in <HI>England;</HI> but on the contrary, this Plantation promi&s;ing a new Trade, far different from the Trade of all the <HI>Engli&s;h</HI> Plantations, and offering to all, the Liberty of a Free Port, mu&s;t rather increa&s;e the Trade of <HI>England,</HI> both to the King and Subjects Advantage.</P>
<PB N="54" REF="35">
<P>As for the Objection, That the Company, by the Immunity they have from Cu&s;toms and Du|ties, may Import, and then as freely Export, and &s;o under&s;ell any other Nation, during that Im|munity: Its An&s;wered, That the Company in <HI>England</HI> have almo&s;t the &s;ame Priviledge, &s;ince, if they plea&s;e to Export after their Return from the Plantations, they are allowed to do it freely with a full Draw-back, excepting only 3 or 4 <HI>per Cent.</HI></P>
<P N="3">3tio, It is with Submi&s;&s;ion Repre&s;ented, That in all Appearance, if the Company of <HI>Scotland</HI> had not &s;eized the fore&s;aid Po&s;t in <HI>Darien,</HI> the <HI>French</HI> had certainly taken it: And now, that it is di&s;covered to be &s;o advantageous for Trade, it is not to be doubted, but that the <HI>French,</HI> who &s;hew &s;uch Earne&s;tne&s;s to have the <HI>Scots</HI> excluded, will certainly, if any &s;uch thing &s;hould happen, po&s;&s;e&s;s them&s;elves of it, not only to the Hurt of the <HI>Engli&s;h</HI> Plantations, but to the far greater Prejudice, if not the Ruin of the <HI>Spaniards</HI> In|tere&s;t in the <HI>Indies.</HI></P>
<P>And therefore, All things truly and ju&s;tly con|&s;idered, it is hoped, that not only the <HI>Engli&s;h</HI> will become more and more favourable to &s;o good a De&s;ign, but that even the <HI>Spani&s;h</HI> will the more ea&s;ily acquie&s;ce to Rea&s;on and Ju&s;tice, that they &s;ee a more Powerful Competitor ready to catch hold of an Advantage, that cannot be &s;o &s;afe for them in the Hands of any other Nation, as in the Po&s;&s;e&s;&s;ion of the fore&s;aid Company.</P>
</DIV3>
<DIV3 N="3" TYPE="memorial">
<HEAD>3d. MEMORIAL, By the &s;ame.</HEAD>
<P>THe Company of <HI>Scotland</HI> Trading to <HI>Africa</HI> and the <HI>Indies,</HI> being endued with very ample Priviledges, hath &s;ettled a Colony at <HI>Dari|en,</HI>
<PB N="55" REF="35">a Countrey very fit and proper for that pur|po&s;e, not only for the Richne&s;s of the Soil and Mines, but likeways by its Situation for Trade.</P>
<P>The <HI>Spaniards</HI> have the mo&s;t con&s;iderable Inte|re&s;t and Plantations in <HI>America,</HI> and are not wil|ling, that any other Nation, or People &s;hould have &s;hare of the Advantages and Benefits they draw from thence, which is not Singular in the pre&s;ent Ca&s;e, becau&s;e they have ever with&s;tood all Planters, either upon the Continent, or <HI>Ame|rican</HI> I&s;lands, by Acts of Violence and Ho&s;tility, as if every Settlement in <HI>America</HI> were an En|croachment upon the Right of <HI>Spain.</HI></P>
<P>There is lately a Memorial offered in behalf of the King of <HI>Spain,</HI> to one of the Secretaries of State of the Kingdom of <HI>England,</HI> to the Effect following.</P>
<Q><P>My Lord Amba&s;&s;ador of <HI>Spain</HI> finding him&s;elf oblig'd, by expre&s;s Order, to repre&s;ent to His Maje&s;ty of <HI>Brittain</HI> what follows, Prays Mr. <HI>Ver|non</HI> to repre&s;ent to his &s;aid Maje&s;ty, That the King his Ma&s;ter, being informed from &s;everal parts, and la&s;t of all, by the Governour of <HI>Ha|vana,</HI> of the In&s;ult and Attempt of &s;ome <HI>Scots</HI> Ships, equipt with Men and Ammunition nece&s;|&s;ary, who endeavours to po&s;t them&s;elves in the Soverign Dominions of His Maje&s;ty in <HI>America,</HI> and particularly in the Province of <HI>Darien.</HI></P>
<P>His Maje&s;ty received this Information with Di&s;&s;atisfaction, as a Mark of little Amity, and a Rupture of the Alliance which is betwixt the two Crowns, which His Maje&s;ty hath always ob&s;erved very Religiou&s;ly, and from which &s;o much Advantage and Profit hath re&s;ulted, both to His Maje&s;ty and his Subjects, after which good Corre&s;pondence, His Maje&s;ty did not ex|&s;pect
<PB N="56" REF="36">&s;uch &s;udden Attempts &amp; In&s;ults from His Maje&s;tys Subjects, and that in time of Peace, without any Pretext or Cau&s;e, in the mo&s;t in|ward part of his Dominions.</P>
<P>All that the King de&s;ires, That this be pre&s;ent|ed to His Maje&s;ty of <HI>Brittain,</HI> and that His Ma|je&s;ty is very &s;en&s;ible of &s;uch Ho&s;tilities and Un|ju&s;t Procedures, again&s;t which, His Maje&s;ty will take &s;uch Mea&s;ures as are convenient. <HI>London, May</HI> 3d. 1699.</P></Q>
<P>THe Charge is great, and if it can be made appear, that the King of <HI>Spain</HI> is Invaded, as is pretended, it is but Rea&s;on there &s;hould be ju&s;t Reparation.</P>
<P>It mu&s;t be acknowledged, That it is a fair way of dealing, that the <HI>Spani&s;h</HI> Rights and Pre|ten&s;ions are thus a&s;&s;erted by Memorial, and an Opportunity afforded, and that the whole World may be &s;atisfied, that His Sacred Maje&s;ty, the King of <HI>Great Brittain,</HI> hath granted no Patent to His Subjects in <HI>Scotland</HI> di&s;agreeable to Treaties with <HI>Spain,</HI> and that the <HI>Scots</HI> Company have not exceeded the Limits of their Patent, to the preju|dice of <HI>Spain.</HI></P>
<P>There may be many Rea&s;ons offered to &s;ati&s;|fy <HI>Spain,</HI> and all other Nations of <HI>Europe,</HI> except the <HI>French,</HI> that if the <HI>Scots</HI> had not &s;ettled in that <HI>Isthmus,</HI> or if they were now to remove from it, the &s;ame would be po&s;&s;e&s;s'd by another People, more dangerous to the Intere&s;t of <HI>Spain,</HI> and in due time it may be made appear, that the <HI>Scots</HI> Settlement is for the Honour of the King, &amp; the Intere&s;t of <HI>England,</HI> but the pre&s;ent de&s;ign is only to &s;atisfie the World, that the Patent granted by His Maje&s;ty, was agreeable to the Treaty with
<PB N="57" REF="36"><HI>Spain,</HI> and that the <HI>Scots</HI> Company have not ex|ceeded the Terms of their Patent, and that they have Right to what they po&s;&s;e&s;s in the <HI>I&s;thmus</HI> of <HI>Darien,</HI> according to the Law of Nations, and that mo&s;t part of the Nations in <HI>Europe</HI> have &s;ettled Plantations in the <HI>American</HI> I&s;lands, or Continent, upon no other Foundation than the <HI>Scots.</HI></P>
<P>It is the Intere&s;t and Policy of all Governments, to improve the Natural Product of a Countrey, and to encourage Forreign Trade.</P>
<P>The Experience of all Nations makes appear, That nothing contributes &s;o effectually to the&s;e ends, as Forreign Plantations.</P>
<P><HI>Scotland</HI> is among&s;t the la&s;t of the Nations of <HI>Europe,</HI> in &s;ettling Forreign Plantations, tho' there be few that can propo&s;e more Advantage that way, becau&s;e the Nation affords many Sub|jects of Manufacture, and abounds in Men, which is the greate&s;t Riches, as well as the Strength of a Nation; Yet for want of Forreign Plantations, many have been u&s;ele&s;s and burden&s;ome to their Native Countrey, and have been con&s;trained to &s;erve Abroad in Forreign Wars, or into Plantati|ons of other Countreys: And it is to be ob&s;erved, that wherever they have planted, they have en|crea&s;ed and multiplied, as particularly in <HI>Ireland,</HI> but no part of the Benefit does accrue to their Native Countrey.</P>
<P>The Nation has very long de&s;ired Forreign Settlements of their own, and did make &s;ome At|tempts that way, which proved ineffectual for want of due Encouragement, but His Sacred Ma|je&s;ty, as Father of his Countrey, regarding the Welfare of it, did endue the &s;ame with &s;uteable Encouragements by the 32d. <HI>Act, Par.</HI> 1693. and by the 8th. <HI>Act, Par.</HI> 1695. Yet both the&s;e Laws
<PB N="58" REF="37">were granted with a due regard to all former Planters; <Q>And did only allow them to plant Colonies, build Cities, Towns, and Forts in <HI>A&s;ia, Africa,</HI> and <HI>America,</HI> upon Places not in|habited, or in, or upon any other Place, by Con&s;ent of the Natives, or Inhabitants there|of, and not po&s;&s;e&s;&s;ed by any <HI>European</HI> Sove|reign, Potentate, Prince or State.</Q></P>
<P>By the&s;e Acts of Parliament, and Patent con|form, His Maje&s;ty did &s;ufficiently provide, that the Po&s;&s;e&s;&s;ion of no <HI>European</HI> Prince &s;hould be in|vaded or mole&s;ted: And if <HI>Spain</HI> be injured, the Company mu&s;t acknowledge, that the Injury flows from them, by exceeding the Limits of their Patent.</P>
<P>It remains to be cleared in behalf of the Com|pany, that they have &s;trictly ob&s;erved the Rules pre&s;crib'd by the &s;aid Acts and Patent.</P>
<P>The King of <HI>Spain</HI>'s Title to <HI>America</HI> by the Pope's Bull, is rejected by the common Con&s;ent of all the Princes and States in <HI>Europe,</HI> who could not have &s;ettled there without Injury to <HI>Spain,</HI> if the Pope's Bull had been a &s;ufficient Title; and neither <HI>Spain</HI> or <HI>Portugal</HI> hath relyed upon that Title, the one having planted in the <HI>Ea&s;t-Indies,</HI> and the other in the <HI>We&s;t,</HI> without regard to it: And this Title is &s;ufficiently di&s;cu&s;&s;ed by <HI>Grotius</HI> in his <HI>Mare Liberum, Cap.</HI> 3. and will never be in|&s;i&s;ted on any where, and lea&s;t of all in <HI>Brittain.</HI></P>
<P><HI>America</HI> being inhabited by Natives, before <HI>Spain</HI> or any <HI>European</HI> People &s;ettled there, it is mo&s;t certain, that the Right and Property did o|riginally belong to the&s;e Natives, becau&s;e the Earth was created for; and freely given by the Creator to the Children of Men, and the mo&s;t Ancient and Uncontraverted Right of Property
<PB N="59" REF="37">of the Earth is by Occupation and Po&s;&s;e&s;&s;ion, which is an outward Act of the Body <HI>qua&s;i po&s;itio pedis,</HI> and not an inward Act of the Mind, which cannot be known to others, be&s;ide many Mens wills might concur in wi&s;hing and liking the &s;ame thing, but their Bodies cannot concur in po&s;&s;e&s;|&s;ing it, and an outward Act of Po&s;&s;e&s;&s;ion warns others to ab&s;tain.</P>
<P>The Property that originally belonged to the Natives, could only be transferred from them to <HI>Spain</HI> by Conque&s;t or Con&s;ent, and <HI>Spain</HI> can pre|tend neither of the&s;e Titles to the <HI>I&s;thmus</HI> where the <HI>Scots</HI> have &s;ettled.</P>
<P>It is alledg'd for <HI>Spain,</HI> That they do po&s;&s;e&s;s the <HI>I&s;thmus</HI> of <HI>Darien,</HI> in as far as they are undoubt|ed Ma&s;ters of the Bay of <HI>Panama,</HI> and the whole Coa&s;t of the <HI>I&s;thmus</HI> upon the South Sea: They have likewi&s;e <HI>Carthagena</HI> and <HI>Portobello</HI> on the North Sea, and they are Ma&s;ters of the whole Countrey betwixt <HI>Carthagena</HI> and <HI>Portobello,</HI> and &s;o mu&s;t be reckoned Po&s;&s;e&s;&s;ors of all, becau&s;e Po&s;&s;e&s;&s;ion doth not require the particular Occupation of every part of a Countrey, but Occupation of one part is a &s;ufficient Act to demon&s;trate the Will and In|tention to po&s;&s;e&s;s the whole Pertinents: And the <HI>Spaniards</HI> having po&s;&s;e&s;s'd the&s;e two Extremes, the middle Space belongs to them, e&s;pecially &s;eing they have al&s;o &s;ettled in other Places betwixt the&s;e two, as their Conveniency did require, tho' they did afterwards quite the&s;e Po&s;&s;e&s;&s;ions, as particularly they once po&s;&s;e&s;&s;ed <HI>Nombre de Dios,</HI> and did al&s;o plant within the River <HI>Darien,</HI> and tho' they did quite the&s;e Po&s;&s;e&s;&s;ions, they did not relinqui&s;h or repudiate their Right, but being better informed, they choo&s;ed more convenient Seats, but &s;till reckoned them&s;elves Proprietors of
<PB N="60" REF="38">the whole <HI>I&s;thmus,</HI> and divided the &s;ame in &s;eve|ral Juri&s;dictions. And the Natives upon that <HI>I&s;thmus</HI> were a mean incon&s;iderable People not to be regarded, who could not be thought to re|tain any Right or Property in Oppo&s;ition to the Power of <HI>Spain.</HI></P>
<P>They further add, That <HI>Spain</HI> hath been con&s;i|dered as undoubted Proprietors of the Bay of <HI>Mexico,</HI> and of that <HI>I&s;thmus,</HI> by other Nations in Chri&s;tendom, and mo&s;t particularly by the <HI>Engli&s;h,</HI> as is well known, and will clearly appear in two remarkable In&s;tances.</P>
<P>Several <HI>Engli&s;h</HI> Merchants having advanc'd their Stock, for &s;ettling a Plantation at <HI>Port-Royal</HI> in the Bottom of the Bay of <HI>Campechay,</HI> for cutting of Logwood, they de&s;ired the Countenance and Pro|tection of the Government, for carrying on this profitable Trade: The Ca&s;e was con&s;idered by the Council of <HI>England,</HI> and it was not found ju&s;t, to allow the Protection of the Government, but were only left in a Permi&s;&s;ive State, to manage their Trade upon their Peril.</P>
<P>The Second Ca&s;e, which comes clo&s;er to the pre&s;ent Que&s;tion, was a Propo&s;al by certain <HI>Engli&s;h</HI> Undertakers to &s;ettle in <HI>Darien,</HI> as the <HI>Scots</HI> have done, which being brought to the Council of Trade of <HI>England,</HI> and by them laid before the Lords Ju&s;tices in His Maje&s;ties Ab&s;ence, and tran&s;|mitted to the King him&s;elf; Upon a full Con&s;i|deration of the Ca&s;e, that Project was thought to be an Encroachment upon <HI>Spain,</HI> and let fall.</P>
<P>The King him&s;elf, and Council of <HI>England,</HI> be|ing &s;atisfied of the Right of <HI>Spain,</HI> in the&s;e par|ticular Ca&s;es of <HI>Engli&s;h</HI> Undertakers, the &s;ame Judgment ought to follow, in relation to the <HI>Scots</HI> Company.</P>
<PB N="61" REF="38">
<P>To all that is alledged, it's &s;hortly and clearly An&s;wered, That <HI>Spain</HI> hath neither Right by Treaties nor Po&s;&s;e&s;&s;ion to the Countrey now po&s;|&s;e&s;s'd by the <HI>Scots:</HI> And, 1&s;t. Tho' it be acknow|ledg'd, that the <HI>Spaniards</HI> have more Strength, and larger Po&s;&s;e&s;&s;ions on the South, than upon the North Sea, yet no Po&s;&s;e&s;&s;ion there can be exten|ded to the North-&s;ide of the <HI>I&s;thmus,</HI> being po&s;|&s;e&s;s'd by a People Independent, who never re|ceived the <HI>Spaniards,</HI> or became &s;ubject to them: The <HI>Spaniards</HI> indeed have made great Settlements upon the South Sea, and in &s;o far as they have po&s;&s;e&s;s'd, have re&s;tricted the Natives to narrower Bounds; but the <HI>Indians</HI> &s;till continuing to po&s;&s;e&s;s what remains, Po&s;&s;e&s;&s;ion on the Coa&s;t, or the Mouths of Rivers on the South Sea, can never be extended to the North Coa&s;t: And the <HI>Spani|ard</HI> can conde&s;cend upon no Ground in Law or Rea&s;on for &s;uch an Exten&s;ion, nor can they make appear, that what the <HI>Scots</HI> po&s;&s;e&s;s is Part and Per|tinent of their Plantation, e&s;pecially con&s;idering that the <HI>I&s;thmus</HI> of <HI>Darien</HI> is naturally divided by a Ridge of high Hills running from Ea&s;t to We&s;t.</P>
<P>Neither doth the po&s;&s;e&s;&s;ion of <HI>Carthagena</HI> and <HI>Porto-bello,</HI> give Right to the interveening Coun|trey, which is above 80 Leagues or 240 <HI>Engli&s;h</HI> Miles, and the&s;e particular Forts, as well as the whole <HI>Spani&s;h</HI> Plantations on the South Sea, be|ing fixt without con&s;ent of the Natives, who con|tinue their Po&s;&s;e&s;&s;ion in the interveening Coun|trey, without any Subjection to, or acknowledg|ment of the <HI>Spaniard:</HI> It lyes upon the <HI>Spaniards</HI> to conde&s;cend by what Rule the Limits of the&s;e Po&s;&s;e&s;&s;ions can be &s;o far extended.</P>
<P>As to what is alledged, That the <HI>Spaniards</HI> have other Plantations nearer to the <HI>Scots</HI> Settle|ment
<PB N="62" REF="39">from which they removed, but &s;till retain Po&s;&s;e&s;&s;ion and Juri&s;diction.</P>
<P>It is An&s;wered, Admitting the matter of Fact. as alledged, it comes to nothing; For &s;till it is to be remembred, That the <HI>Spaniard</HI> will not pre|tend to have planted with the con&s;ent of the Na|tives: Nor, that the <HI>Darien Indians</HI> have ever ac|knowledg'd Subjection; but they planted by Force and Violence: And therefore, whatever Forts they made in the <HI>Isthmus</HI> of <HI>Darien,</HI> the mo|ment that the&s;e Plantations were left, the Right and Po&s;&s;e&s;&s;ion of the Natives did return.</P>
<P>It is freely acknowledged, That Po&s;&s;e&s;&s;ion lawfully obtain'd by an outward Act of the Body, is retain'd by Acts of the Mind, if no other po&s;|&s;e&s;s; but when Po&s;&s;e&s;sion is taken by way of Fact, and not actually detained, the Right and Po&s;&s;e&s;sion returns to the lawful Proprietor.</P>
<P N="2">2. This alledged Po&s;&s;e&s;sion of <HI>Nombre de Dios,</HI> and in the <HI>River of Darien,</HI> is only pretended to have been at their fir&s;t Settlement in <HI>America,</HI> be|fore they po&s;&s;e&s;s'd <HI>Carthagena</HI> and <HI>Porto-bello.</HI></P>
<P N="3">3. None of the&s;e pretended Settlements are within 20 Leagues of the <HI>Scots</HI> Colony; And tho <HI>Spain</HI> had yet Plantations there, the Limits could as little be extended to 20 Leagues beyond the actual Po&s;&s;e&s;sion as to a Thou&s;and: Nei|ther can the <HI>Spaniards</HI> prove any Act of Juri&s;dicti|on over the <HI>Darien Indians,</HI> whatever Title they may think fit to give to Governours or Vice-Roy's in <HI>America,</HI> the <HI>Scots</HI> do neither know, nor are oblig'd to notice the &s;ame: If Titles were e|nough, the King of <HI>Spain</HI> a&s;&s;umes a Glorious Title of <HI>Indiarum Rex,</HI> but he has no more Juri&s;diction over the <HI>Darien Indians,</HI> than in the Plantations of any other <HI>European</HI> Prince.</P>
<PB N="63" REF="39">
<P>As to what is alledg'd upon the Opinions given by the King and Council of <HI>England,</HI> in relati|on to His Maje&s;ty's <HI>Engli&s;h</HI> Subjects projecting Settlements in <HI>America,</HI> The Circum&s;tances of the Projects, and the Motives of any Re&s;olution taken in them, are wholly unknown to the <HI>Scots,</HI> and nothing can be founded on &s;uch Matters of Fact, unle&s;s the whole Circum&s;tances were Au|thentically in&s;tructed or acknowledg'd, but what|ever was thought proper in the&s;e Ca&s;es, nothing can be inferred from thence to determine this.</P>
<P>A Project is to be regulated either by Law or by Conveniency; And it's very ordinary and &s;ute|able, That his Maje&s;ty and the Government may di&s;courage the Project of an Undertaking, if not Convenient, tho lawful: But when a Pro|ject is Undertaken, Carried on, and a Settlement made in pur&s;uance of expre&s;s Acts of Parliament, and conform to a Patent, there's no more place to Deliberate what is fit, but what is Lawful.</P>
<P>If the whole Circum&s;tances were known, many Di&s;parities might al&s;o appear, and from the bare relation of the Ca&s;e of the intended Settlement in the Bay of <HI>Campechay</HI> a manife&s;t Di&s;parity is evident.</P>
<P>The Bay of <HI>Campechay</HI> is in the Province of <HI>Nicaragua,</HI> in the Dioce&s;s of <HI>Chiapo,</HI> which Pro|vince and Bi&s;hoprick, are part of the Ancient <HI>Empire</HI> of <HI>Mexico,</HI> which was conquered by <HI>Spain.</HI></P>
<P>By the Conque&s;t of <HI>Mexico,</HI> the King of <HI>Spain</HI> as Conquerour, had Right of Sovereignty as far as the Dominions of <HI>Mexico</HI> did extend, and the Right and Po&s;&s;e&s;sion of the Conquered People may rea&s;onably be reckoned to become the Po&s;|&s;e&s;sion of the Conquerour; And therefore a Settle|ment in <HI>Nicaragua</HI> or Bay of <HI>Campechay</HI> might be
<PB N="64" REF="40">reckoned a down Right Encroachment upon <HI>Spain,</HI> which cannot be drawn in Con&s;equence to a Settlement upon <HI>Darien,</HI> becau&s;e the <HI>Spaniards</HI> can conde&s;cend upon no Title or Right beyond their actual Po&s;&s;e&s;sion; for the <HI>Dariens</HI> were ne|ver &s;ubdued, nor did they ever depend upon <HI>Mexico</HI> or <HI>Peru,</HI> or any Prince or People &s;ubdued by the <HI>Spanirds.</HI></P>
<P>And further, whatever be urged from the&s;e Ca&s;es, yet it can be made appear, That the Un|dertaking to &s;ettle in <HI>Campechay</HI> was effectual, and the Cart is marked <HI>Port-Royal Engli&s;h-Colony;</HI> and 'tis known that the <HI>Engli&s;h</HI> cutt Logwood at <HI>Cape-Catach</HI> in <HI>Jucatan</HI> till the Charge of Carriage ren|der'd it unprofitable, and thereafter Settled at <HI>Port-Royal</HI> for the &s;ame Effect, where there is plenty of Logwood appropriated to the <HI>Engli&s;h.</HI></P>
<P>It is al&s;o acknowledg'd, That the <HI>Darien-Indians</HI> are no powerful People, or able by them&s;elves to re&s;i&s;t the Impre&s;sions of <HI>Spain,</HI> but the point of Right and Property is the &s;ame in Rich and Poor, Strong and Weak, and they might lawfully transfer their Right, and a&s;&s;ume the <HI>Scots</HI> or any other Nation to &s;upport or maintain the Right and Po&s;&s;e&s;sion of that <HI>Isthmus,</HI> in as far as it was free from the <HI>Spani&s;h</HI> Dominions.</P>
<P>Yet the <HI>Dariens</HI> were not wholly neglected by the <HI>Spaniards</HI> as incon&s;iderable, for there have been frequent and almo&s;t con&s;tant Wars between them and <HI>Spain,</HI> in which the &s;everal Captains and <HI>Carriques</HI> have joyned together, and there is a fa|mous Ca&s;e of <HI>Barth: Sharp,</HI> who being accu&s;ed in <HI>England</HI> as guilty of Piracy and Robbery commit|ted upon the <HI>Indians,</HI> he defended him&s;elf as acting by Commi&s;sion from Independent Native <HI>Indians</HI> then at War with <HI>Spain,</HI> and was acquitted.</P>
<PB N="65" REF="40">
<P>The Right of the <HI>Scots</HI> Colony, as flowing from the Native <HI>Indians,</HI> is already &s;ufficiently cleared, according to the mo&s;t Ancient and Authentick Laws of Property, acknowledg'd by all Nations: And for a further Evidence and Demon&s;tration of what has been a&s;&s;erted, and already &s;ufficient-proven the Settlement of the <HI>Engli&s;h, French, Danes, Portugue&s;es,</HI> and <HI>Dutch,</HI> will all be found to be Bottomed on the &s;ame Ground.</P>
<P>The <HI>Spani&s;h</HI> are the mo&s;t Ancient Planters, and if <HI>Spain</HI> pretend to any Univer&s;al Title, either by Occupation of a part, or by the Popes Gift, or any other Right, he thereby excludes the Claim of all Po&s;terior Planters, either in the Continent, or <HI>American</HI> I&s;lands, which could not be thought to be &s;eparate and indifferent Domi|nions: And if <HI>Spain</HI> recede from any Univer&s;al Title to the whole, it will not be po&s;sible to ex|tend his Claim beyond his proper Po&s;&s;e&s;sion, or the Po&s;&s;e&s;sions of the&s;e that are Subduced and Conquered by <HI>Spain:</HI> And if this be called in Que&s;tion, it is expected, That &s;ome other Title will be conde&s;cended upon, that may clear the Limits and Extent of the <HI>Spani&s;h</HI> Colonies, &s;o as to make a Difference betwixt the <HI>Scots</HI> Settlement in <HI>Darien,</HI> and the Settlement of other Princes in the <HI>American</HI> I&s;lands or Continent.</P>
<P>The Empires of <HI>Mexico</HI> and <HI>Peru</HI> are known, and may be yielded to <HI>Spain,</HI> but the remainder of that va&s;t Countrey was anciently po&s;&s;e&s;s'd by little Princes, or rather Captains or Heads of Fa|milies or Cariques, who have no Dependance up|on each other, nor upon any Prince or Potentate, but by Leagues and Agreement for mutual De|fence. Thus it is known, That the Land of the <HI>Amazons</HI> was po&s;&s;e&s;s'd by the Natives; And it is
<PB N="66" REF="41">remarkable, That upon the Banks of <HI>Amazon,</HI> there are Fifty different Nations: So it is in <HI>Bra&s;il,</HI> in <HI>Chili, Paragua, Florida, Carolina, Virginia,</HI> and generally over all the Continent, as well as in the I&s;lands of <HI>America,</HI> and likewi&s;e in <HI>A&s;ia</HI> and <HI>Africa:</HI> And therefore, <HI>European</HI> Princes have planted promi&s;cuou&s;ly, as they found Convenien|cy, without Injury or Encroachment upon for|mer Planters.</P>
<P>The <HI>Engli&s;h</HI> po&s;&s;e&s;s the Continent from <HI>New-England</HI> to <HI>Carolina,</HI> without the Interpo&s;ition of Colonies belonging to any <HI>European</HI> Prince, yet the <HI>Dutch,</HI> in time of Peace, &s;et down upon <HI>Long-I&s;land,</HI> and the Countrey now called <HI>New-York,</HI> betwixt <HI>New-England</HI> and <HI>Pen&s;ilvania,</HI> and conti|nued to po&s;&s;e&s;s till the end of the War 1667: At which time, <HI>New-York</HI> was exchanged for <HI>Suranam.</HI></P>
<P>The <HI>Spani&s;h</HI> Plate-Fleet do nece&s;&s;arly pa&s;s be|twixt <HI>Cape-Florida</HI> and the <HI>Bahaman-I&s;lands,</HI> yet the <HI>Engli&s;h</HI> po&s;&s;e&s;s the&s;e I&s;lands, which the <HI>Spaniards</HI> did mightily re&s;ent, and u&s;ed the <HI>Engli&s;h</HI> very bar|barou&s;ly upon it, yet <HI>Spain</HI> not being able to ju&s;ti|fy any unlawful Title, the <HI>Engli&s;h</HI> did maintain their Po&s;&s;e&s;&s;ion.</P>
<P>Whatever be alledg'd, That the Government did not interpo&s;e for e&s;tabli&s;hing a Logwood-Trade, yet it's certain, that the <HI>Engli&s;h</HI> did ap|propriate the Logwood at <HI>Cape-Catch</HI> in <HI>Jucatan,</HI> till it was exhau&s;ted, and they afterwards &s;ettled at <HI>Port-Royal</HI> in the Bay of <HI>Campechay,</HI> for carrying on the &s;ame Trade, which was never que&s;tion'd by the <HI>Spaniards,</HI></P>
<P>The <HI>French</HI> have &s;everal times endeavoured to &s;ettle in the River <HI>de Spiritu Sancto</HI> in the Bay of <HI>Mexico,</HI> and al&s;o the <HI>Samballo-I&s;lands</HI> upon the Coa&s;t of <HI>Darien,</HI> and have actually &s;ettled a Colony in
<PB N="67" REF="41"><HI>Petit-Guavis</HI> in <HI>Hi&s;paniola,</HI> the re&s;t of that I&s;land being po&s;&s;e&s;t by the <HI>Spaniards:</HI> The <HI>French</HI> have al|&s;o a Settlement in <HI>Guiana</HI> in the <HI>Terra-Firma,</HI> and &s;everal Forts upon the Coa&s;t of <HI>Caribana,</HI> and a|bove twelve or thirteen <HI>American</HI> I&s;lands.</P>
<P>The <HI>Dutch</HI> have al&s;o the City of <HI>Coro</HI> in the North of <HI>Terra-Firma,</HI> and <HI>Suranam,</HI> and certain Forts upon the Coa&s;t of <HI>Guiana</HI> and <HI>Cura&s;ao,</HI> and &s;eve|ral <HI>American</HI> I&s;lands.</P>
<P>The <HI>Portugue&s;e</HI> have the Coa&s;t of <HI>Bra&s;il</HI> divided into many Captain&s;hips. The Intere&s;t of <HI>Spain</HI> was ever oppo&s;it to all the&s;e Settlements in <HI>Ame|rica,</HI> and wherever they were &s;trong enough, they attempted to expel the Planters, without regard to Peace or War, whereof the <HI>Scots</HI> did formerly feel the Effects, in their Plantation at <HI>Carolina</HI> hol|den of the Crown of <HI>England,</HI> from whence they were expelled: The&s;e things were done by way of Fact, but it is the fir&s;t time that ever <HI>Spain</HI> did openly pretend a Right beyond actual Po&s;&s;e&s;&s;ion, which was never &s;u&s;tained by any <HI>European</HI> Prince. And it is de&s;ired and expected, that there may be a further Conde&s;cendance of the Right and Title of <HI>Spain,</HI> to exclude other Planters by the Con&s;ent of the Natives, where <HI>Spain</HI> hath no actual Po&s;|&s;e&s;&s;ion, or Exerci&s;e of any Juri&s;diction.</P>
<P>It is further alledged for <HI>Spain,</HI> That all the Bu|&s;ine&s;s in <HI>America</HI> was &s;ettled by the Pacification 1670, betwixt the Kings of <HI>Brittain</HI> and <HI>Spain,</HI> which did confirm all the Plantations po&s;&s;e&s;s'd by <HI>Engli&s;h</HI> Colonies, and left the Remainder of <HI>Ame|rica</HI> to <HI>Spain,</HI> and whatever happened before that General Treaty, could be no Rule thereafter, be|cau&s;e there was almo&s;t perpetual War with <HI>Spain</HI> in <HI>America,</HI> which were never &s;ettled or compo&s;ed till the Treaty 1670, which did pre&s;uppo&s;e and e&s;ta|bli&s;h
<PB N="68" REF="42">the Right of <HI>Spain</HI> to all that was not po&s;&s;e&s;|&s;ed by the King of <HI>Brittain</HI>'s Subjects.</P>
<P>As to the In&s;tance of <HI>Sharp,</HI> it is not denyed that he was acquitted, and among&s;t others did propone that Defence, That he Acted by Commi&s;&s;ion from an <HI>Indian</HI> Prince; but that Defence was look'd up|on as a Je&s;t, and it was not for that Rea&s;on that he was acquitted.</P>
<P>It is An&s;wered, There was indeed a Treaty in the Year 1670, concerning <HI>America</HI> in particular, whereby it was provided, <Q>That the King of <HI>Brittain</HI> &s;hould have, hold and enjoy for ever, with full Right of Sovereignty, Dominion and Property, all tho&s;e Lands, Regions, I&s;lands, Colonies, and Places what&s;oever &s;ituated in the <HI>We&s;t-Indics,</HI> or any part of <HI>America,</HI> which the &s;aid King and his Subjects did then hold and po&s;&s;e&s;s;</Q> From which Article the <HI>Spaniards</HI> would infer, that all the re&s;t of <HI>America</HI> was lo&s;t by the King of <HI>Brittain,</HI> as a Right and Dominion of <HI>Spain,</HI> becau&s;e that <HI>Spain</HI> ratifies the Po&s;&s;e&s;&s;ion ob|tained by the King of <HI>Brittain,</HI> and there is not a mutual Ratification of the Po&s;&s;e&s;&s;ion of the King of <HI>Spain.</HI></P>
<P>This Article can bear no &s;uch Inference, for,</P>
<P N="1">1. The King of <HI>Brittain</HI> and his Subjects did not then, nor do they now in the lea&s;t que&s;tion the Po&s;&s;e&s;&s;ions of the King of <HI>Spain</HI> and his Subjects, but the King of <HI>Spain</HI> did very much que&s;tion the Right of the King of <HI>Brittain</HI> to &s;everal of his <HI>Ame|rican</HI> Plantations, not only upon the general Ground of an Univer&s;al Title to all the <HI>We&s;t-In|dies,</HI> which no <HI>European</HI> Prince will bear, but like|wi&s;e upon particular Claims, that the <HI>Engli&s;h</HI> had beat out the <HI>Spaniards,</HI> and enjoyed what had been once po&s;&s;e&s;s'd by them in &s;everal places: And the
<PB N="69" REF="42">former Treaties with <HI>Spain</HI> e&s;pecialy that in the Year 1667, were only general, e&s;tabl&s;hing a perpe|tual Peace betwixt the Dominions and Terito|ries of <HI>Brittain</HI> and the&s;e of <HI>Spain:</HI> But the Que|&s;tion remaining anent the Right and Dominion of the&s;e <HI>American</HI> Settlements to which the King of <HI>Spain</HI> did lay &s;till a Claim, The Treaty 1670, did renounce his Claim to the Colonies in the <HI>En|gli&s;h</HI> Po&s;&s;e&s;sion, but did determine nothing as to tho&s;e parts of <HI>America,</HI> which were never Po&s;|&s;e&s;s'd by the <HI>Spaniard</HI> or <HI>Britti&s;h,</HI> and if it had been intended, that the Right of <HI>Spain</HI> to all <HI>America</HI> that was not po&s;&s;e&s;s'd by &s;ome other <HI>European</HI> Prince &s;hould be a&s;&s;erted, and declared the &s;ame would not have been left to &s;uch remote conje|ctures, but would have been &s;pecially expre&s;s'd.</P>
<P N="2">2. The whole Tenor of that Treaty does &s;uf|ficiently clear, that no &s;uch thing was intended as to pre&s;uppo&s;e, much le&s;s to a&s;&s;ert the Right of <HI>Spain</HI> beyond actual po&s;&s;e&s;&s;ion. For by the Se|cond Article of the Treaty, it is provided, <Q>That there be an Univer&s;al Peace in <HI>America,</HI> as in o|ther parts of the World between the Kings of Great <HI>Brittain</HI> and <HI>Spain,</HI> and between the King|doms, States, Plantations, Colonies, Forts, Cities, I&s;lands and Dominions belonging to either of them; and between the People and Inhabitants under their re&s;pective Obedience.</Q></P>
<P>This Article in the Treaty relating to <HI>America,</HI> only doth clearly demon&s;trate, that both Kings were &s;et upon an equal foot, and did Treat for them&s;elves and the People and Inhabitants under their re&s;pective Obedience, and no further; &s;o that all matters were left untouched that did con|cern parts not Inhabited or po&s;&s;e&s;s'd by Natives, who were never under obedience to either Prince,
<PB N="70" REF="43">nor would the Treaty have been for Plantations, Colonies, Forts, <HI>&amp;c.</HI> equally and mutually, if either King had pretended an univer&s;al Title or Right beyond Po&s;&s;e&s;sion.</P>
<P N="3">3. The Eight Article doth yet further clear, that the King of <HI>Spain</HI> had no Univer&s;al Claim, but according to his Po&s;&s;e&s;sion, which Article provides, that the Subjects, Inhabitants and Ma|riners of the Dominions of each Confederate, &s;hall forbear to Sail to, or Trade in the Ports and Havens which are fortified with Ca&s;tles, Maga|zines or Ware-Hou&s;es, and in all other Places what&s;oever, po&s;&s;e&s;s'd by the other Party in the We&s;t <HI>Indies.</HI> To wit, the Subjects of Brittain &s;hall not Sail into, and Trade in the Havens and Places, which the Catholick King holds in the <HI>Indies,</HI> nor in like manner &s;hall the Subjects of the King of <HI>Spain</HI> Sail into, <HI>&amp;c.</HI></P>
<P>This Clau&s;e is plainly re&s;trictive upon the King of <HI>Spain,</HI> That the Subjects of the King of <HI>Brittain</HI> &s;hall not Trade into the&s;e places of the <HI>Indies</HI> which belong to <HI>Spain;</HI> for thereby it pre&s;uppo&s;es that <HI>Spain</HI> has no Univer&s;al Title, and its left free to the King of <HI>Brittains</HI> Subjects to Sail into, and Trade in all Ports and Havens which have no Fortifications, Ca&s;tles, Magazines; or Ware-Hou&s;es Po&s;&s;e&s;s'd by the King of <HI>Spain,</HI> and con|&s;equently it was lawful to have Sailed to, and Traded with the <HI>Darien Indians</HI> where the King of <HI>Spain</HI> had no Fortifications, Ca&s;tles, Magazines or Ware-Hou&s;es, nor can clear any manner of Po&s;&s;e&s;sion, and if they might Trade with the <HI>Indians</HI> it mu&s;t be acknowledg'd they might Settle among them.</P>
<P><Q>It's al&s;o provided by the Tenth Article, that in ca&s;e the Ships of either Party be forced
<PB N="71" REF="43">by &s;tre&s;s of Weather, or otherwi&s;e into the Ri|vers, Creeks, Bays or Ports belonging to the other in <HI>America,</HI> they &s;hall be treated there with all Humanity and Kindne&s;s;</Q> Which Ar|ticle &s;tates both Kings again upon an equal foot, and mentions the Right of both as re&s;trictive to particular Rivers, Creeks, Bays, <HI>&amp;c.</HI> in <HI>America</HI> as if neither Party claimed Univer&s;al Title over all.</P>
<P><Q>The 15th. Article of the &s;aid Treaty pro|vides, that the &s;ame &s;hall in nothing derogate from any preheminency, Right or Dominion of any Confederate in the <HI>American</HI> Seas, Chan|nels or Waters, but that they have and retain the &s;ame in as full and ample manner as may of right belong unto them, providing al|ways that the Liberty of Navigation ought in no manner to be di&s;turbed.</Q></P>
<P>This Artiele relates to certain Preheminencies and Priviledges claim'd by <HI>Spain</HI> in the <HI>American</HI> Sea, which by the Treaty was not yeilded, but left in the &s;ame &s;tate as formerly; and if the King of <HI>Spain</HI> had pretended to an Univer&s;al Right o|ver all <HI>America,</HI> in &s;o far as is not po&s;&s;e&s;s'd by o|ther <HI>European</HI> Princes, why was he more carefull to pre&s;erve his Claim of Sovereignty in the Seas, and forgot his Dominion upon the main Land? There can be no other rea&s;on for it, but becau&s;e there was no &s;uch thing in pro&s;pect, as appears by the whole Tenor of the Treaty.</P>
<P>Nothing hath been alledged in behalf of <HI>Spain</HI> to make any di&s;parity betwixt all the Settle|ments that have been made in <HI>America</HI> by the Sub|jects of the King of <HI>Brittain</HI> or other Princes, ex|cept the Treaty 1670: Which when duly con&s;i|dered, makes no di&s;parity at all. For albeit the
<PB N="72" REF="44">Po&s;&s;e&s;sion of the King of <HI>Brittains</HI> Subjects be there|by confirmed; yet it will not be acknowledg'd by the King of Great <HI>Brittain,</HI> or any other Prince that the Settlements made by their Subjects were illegal or violent, untill confirmed by the King of <HI>Spain,</HI> and all Nations who have Planted there mu&s;t &s;u&s;tain and ju&s;tify the <HI>Scots</HI> Settlement, or acknowledge that the Settlement of their own Subjects were injurious to the Right of <HI>Spain.</HI></P>
<P>It is not, nor can be denyed, that the <HI>Dariens</HI> have been at frequent War with <HI>Spain,</HI> altho they pretend, that the <HI>Dariens</HI> were rather Rebels than Enemies. That is only for to beg the Que&s;tion, for the Natives having the Ancient undoubted Right, it mu&s;t be in&s;tructed, that they became Subjects before they could be Rebels.</P>
<P>And tho' it be alledged, that what was done in <HI>Sharp</HI>'s Ca&s;e was reckoned a Je&s;t, and that he was not acquitted upon that ground, as acting by Commi&s;sion from the <HI>Dariens;</HI> yet the matter of Fact is certain and known, and was indeed re|marked by all <HI>England,</HI> that <HI>Sharp</HI> join'd with the <HI>Dariens,</HI> did commit acts of Ho&s;tility and carried away great booty from the <HI>Spaniards,</HI> and was pur&s;ued for Re&s;titution in <HI>England,</HI> and did pro|pone a Defence. That he acted by Commi&s;sion from an Independent People, and was acquitted by a competent Judicature in <HI>England.</HI></P>
<P>The&s;e matters of Fact being all acknowledged, it mu&s;t be thought that a Deci&s;ion in the way of Ju&s;tice was no Je&s;t, but according to the Law of the Nation.</P>
<P>To Conclude and Sum up the whole Matter, The <HI>Scots</HI> did not move one foot, untill they ob|tain'd two Acts of Parliament, and a Patent in their favours. The&s;e Acts (tho' very ample)
<PB N="73" REF="44">were framed with a ju&s;t regard to former Plan|ters, who by the expre&s;s Tenor of the &s;aid Laws were not to be invaded or mole&s;ted in their Po&s;|&s;e&s;&s;ion; even the ju&s;t Right and Property of the Infidel Natives was con&s;idered, and the Under|takers not allowed to di&s;po&s;&s;e&s;s them by Force and Violence, but to Plant with their con&s;ent: Upon the faith of the&s;e Laws, a greater Stock was advanced in <HI>Scotland</HI> than ever was rai&s;ed by any other Nation, upon the fir&s;t project of a Forreign Plantation; the Directors of the Com|pany did very narrowly and exactly con&s;ider all the Treaties with <HI>Spain,</HI> and pitched upon a place, that the whole World con&s;iders to be of a great value for founding and rai&s;ing a profitable Trade to the Honour of the King who (as the Father of the Countrey) did endue them with ample and ju&s;t Priviledges, to the encrea&s;e of the Strength and Riches of the I&s;le of <HI>Brittain,</HI> which is all under the Government of one Monarch, of one Religion and Intere&s;t, and can have no dif|ferent Friends or Enemies without endangering the whole. In one word, The <HI>Scots</HI> Company have acted deliberatly, for advantage to them|&s;elves, the Nation, and the I&s;le of <HI>Brittain;</HI> they have only u&s;ed their own Right and have wronged no Nation or People, nor exceeded the Limits of their Patent in any circum&s;tance. And if any will &s;tand up for the Intere&s;t of <HI>Spain,</HI> and call in que&s;tion the matters of Fact and principles of Law above a&s;&s;erted, which are generally known and need not to be confirmed by particular Citations. they may a&s;&s;uredly expect that what has been affirmed &s;hall be made further clear and evident beyond contradiction, and whatever Ob&s;tacles
<PB N="74" REF="45">or Difficulties have, or may fall in, <HI>Ardua quae Pulchra,</HI> the undertaking was deliberate, ju&s;t for the intere&s;t of the Nation, and with more regard to the Right of former Planters and Natives than any former Project of that Nature.</P>
<TAILNOTE>
<P>Memorandum, <HI>That about this time, it was given out that the</HI> Spani&s;h <HI>Emba&s;&s;ador had pre&s;ented a Second Memorial concerning the</HI> Scots <HI>Settlement at</HI> Darien; <HI>and that the</HI> French <HI>Emba&s;&s;ador had likewi&s;e given in a Memorial to the Court of</HI> England <HI>concerning the</HI> French <HI>Ship which was ca&s;t away near</HI> Caledonia <HI>Harbour: But whether &s;o or not, the Company could never procure a Copy of either.</HI></P>
</TAILNOTE>
</DIV3>
</DIV2>
<DIV2 TYPE="letter">
<HEAD>The Council of <HI>Caledonia</HI>'s Addre&s;s</HEAD>
<HEAD TYPE="sub">To the King's mo&s;t Excellent Maje&s;ty.</HEAD>
<OPENER><SALUTE>Mo&s;t Gracions Sovereign;</SALUTE></OPENER>
<P>WE your Loyal and Obedient Subjects, the Council of your Colony of <HI>Caledonia,</HI> be|ing &s;ettled pur&s;uant to Powers and Im|munities proceeding from your Royal Favour and Goodne&s;s; where, upon our arrival, the Natives on all hands in complyance with former Agree|ments, received and entertained us with all po&s;|&s;ible demon&s;tration of joy and &s;atisfaction, there being no Po&s;&s;e&s;&s;ion, nor &s;o much as pretended po&s;&s;e&s;&s;ion, for any Prince or State in <HI>Europe</HI> upon this whole Coa&s;t, extending it &s;elf con&s;iderably more than one hundred Leagues together. We found the <HI>Indians</HI> on all &s;ides in open War with
<PB N="75" REF="45">the <HI>Spaniards,</HI> their neare&s;t Neighbours: Again&s;t whom they be&s;ought our A&s;&s;i&s;tance, which we could by no means comply with, by rea&s;on of the pre&s;ent Peace and good Under&s;tanding be|tween your Maje&s;ty and the King of <HI>Spain.</HI></P>
<P>Yet notwith&s;tanding this our ju&s;t and peaceable deportment and inclination, and our certifying the &s;ame by Letters to the two neighbouring Go|vernours of <HI>Panama</HI> and <HI>Carthagena;</HI> We have, to our no &s;mall &s;urprize, received certain Informa|tion, that &s;everal great and warlike De&s;igns and Preparations are on foot, and carrying on by the <HI>Spaniards</HI> again&s;t this Colony; and that contrary to all Ju&s;tice and Humanity, as well as the Trea|ties of Peace between your Maje&s;ty and the Ca|tholick King, they now unju&s;tly detain, and re|fu&s;e to deliver up the Per&s;ons and Goods. that were &s;aved of a Ship belonging to this Colony, called the <HI>Dolphin,</HI> which by misfortune of &s;pring|ing a Leak, was not long &s;ince oblg'd to run a&s;hore and &s;uffer Shipwreck near the City of <HI>Carthagena</HI> All which have been no &s;mall inducement for us to have improved the frequent opportunities we have had of taking Mea&s;ures greatly di&s;advanta|gious to the Crown of <HI>Spain:</HI> Yet in order to a|void, as much as po&s;&s;ible, any thing that might look like a publick Breach, untill the &s;ame were laid before your Maje&s;ty, and your Royal plea&s;ure known therein: We have hitherto proceded no further, than the granting of Letters of Repri&s;als for the People and Effects unju&s;tly detained from us.</P>
<P><HI>Great Sir,</HI> The <HI>Indies</HI> as well as <HI>Europe,</HI> do at this time implore your Protection: And as the effectual opening the Door of Commerce to
<PB N="76" REF="46">the trading World, and of more ea&s;y acce&s;s to and corre&s;pondence with the ends of the Earth, hath been hitherto hidden and re&s;erved by the <HI>Divine Hand,</HI> for one of the &s;ingular Glories of your Ma|je&s;ty's Reign. So it's with no &s;mall &s;atisfaction to be any way concern'd in &s;o hopeful an Acce&s;&s;ion to the Dominions and Greatne&s;s of your Maje&s;ty, and Wealth of your People; That we pre&s;ume to lay our&s;elves, our Ca&s;e, and this valuable Oppor|tunity at your Royal Feet, mo&s;t humbly be&s;eech|ing, that as it had its beginning, &s;o it may con|tinue to have its Being and Support from the hap|py Influences of your peculiar Bounty and Grace.</P>
<P>So with our earne&s;t Prayers to <HI>Almighty God</HI> for the long and happy pre&s;ervation of your Royal Per&s;on, and continuance of your Glorious, Reign, and mo&s;t humble tender of our Lives and For|tunes to your Maje&s;ty's Service and Di&s;po&s;ition. We beg leave to Sub&s;cribe our &s;elves,</P>
<TAILNOTE>
<P><HI>This Addre&s;s was deliver|ed to the Secretaries of State about the middle of</HI> <DATE>September,</DATE> <HI>together with a Memorial concerning the</HI> French <HI>Ship com|manded by Cap.</HI> Duvi|vier Thomas, <HI>which was Shipwrack'd near</HI> Caledonia, <HI>Harbour on the</HI> <DATE>24th <HI>of</HI> December 1698.</DATE></P>
</TAILNOTE>
<CLOSER><SALUTE>Most Gracious Soveraign,</SALUTE>
<SIGNED>Your Maje&s;ty's mo&s;t Loyal, mo&s;t Dutiful, and mo&s;t Obedient Subjects and Servants,
<LIST>
<ITEM><HI>Daniel Mackay,</HI></ITEM>
<ITEM><HI>Robert Pennicuik.</HI></ITEM>
<ITEM><HI>William Pater&s;on,</HI></ITEM>
<ITEM><HI>Colin Campbell,</HI></ITEM>
<ITEM><HI>Samuel Vetch,</HI></ITEM>
<ITEM><HI>Charles Forbes,</HI></ITEM>
<ITEM><HI>Thomas Drummond.</HI></ITEM>
</LIST></SIGNED></CLOSER>
</DIV2>
<DIV2 TYPE="proclamation">
<PB N="77" REF="46">
<HEAD>By the Honourable Sir <HI>William Bee&s;ton</HI> Kt. His Maje&s;ty's Lieutenant Governour and Comman|der in Chief, in, and over this his I&s;land of <HI>Jamaica,</HI> and other the Territories depending thereon in <HI>America,</HI> and Vice-Admiral of the &s;ame.</HEAD>
<HEAD>A PROCLAMATION.</HEAD>
<P>WHereas I have received Commands from his Maje&s;ty, by the Right Honourable <HI>James Vernon</HI> E&s;q one of his Maje&s;ty's Principal Secre|taries of State, &s;ignifying to me, that his Maje&s;ty is unacquainted with the Inten&s;ions and De&s;igns of the <HI>Scots</HI> &s;ettling at <HI>Darien:</HI> And that it is con|trary to the Peace entred into with his Maje&s;ty's Allies; and therefore has commanded me, that no A&s;&s;i&s;tance be given them. The&s;e are therefore in his Maje&s;ty's Name, and by Command, &s;trictly to command his Maje&s;ty's Subjects what&s;oever, that they do not pre&s;ume, on any pretence what|&s;oever, to hold any Corre&s;pondence with the &s;aid <HI>Scots,</HI> nor to give them any A&s;&s;i&s;tance of Arms, Ammunition, Provi&s;ions, or any other Nece&s;&s;a|ries what&s;oever, either by them&s;elves or any o|ther for them; or by any of their Ve&s;&s;els, or of the <HI>Engli&s;h</HI> Nation, as they will an&s;wer the Con|tempt of his Maje&s;ty's Command to the contrary, at their utmo&s;t peril.</P>
<CLOSER><DATELINE>Given under my Hand and Seal of Arms <DATE>this 8th. day of <HI>April</HI> 1699. And in the 11th. Year of our Soveraign Lord
<PB N="78" REF="47"><HI>William</HI> the Third of <HI>England, Scotland, France</HI> and <HI>Ireland</HI> King, and of <HI>Jamaica</HI> Lord, Defender of the Faith, <HI>&amp;c.</HI></DATE></DATELINE>
<SIGNED>WILLIAM BEESTON.</SIGNED></CLOSER>
</DIV2>
<DIV2 TYPE="proclamation">
<HEAD><HI>Barbados.</HI> By his EXCELLENCY, A PROCLAMATION.</HEAD>
<P>WHereas his Maje&s;ty has been plea&s;ed to &s;ig|nify his plea&s;ure to me by Mr. Secretary <HI>Vernon,</HI> that he hath been adverti&s;ed, that &s;everal Ships of Force, fitted out of <HI>Scotland,</HI> were arri|ved at the I&s;land of St. <HI>Thomas</HI> with an Intention (as they declared) to &s;ettle them&s;elves in &s;ome part of <HI>America:</HI> Their De&s;ign being unknown to his Maje&s;ty, and lea&s;t the &s;ame &s;hould derogate from the Treaties his Maje&s;ty hath entered into with the Crown of <HI>Spain,</HI> or be otherwi&s;e preju|dicial to any of his Maje&s;ty's Colonies in the <HI>We&s;t-Indies.</HI></P>
<P>The&s;e are therefore in his Maje&s;ty's Name, by and with the Advice and Con&s;ent of the Council, &s;trictly to command all his Maje&s;ty's Subjects, in|habiting within this I&s;land that they forbear hold|ing any Corre&s;pondence with, or giving any A&s;&s;i|&s;tance to any of the &s;aid Per&s;ons: And that no Provi&s;ions, Arms, or other Nece&s;&s;aries what&s;o|ever be carried to them, as they &s;hall an&s;wer the &s;ame at their peril.</P>
<CLOSER><DATELINE>Given under my Hand <DATE>this 13th of <HI>April</HI> 1699,</DATE> and in the Eleventh Year of his Maje&s;ty's Reign.</DATELINE>
<SIGNED>R. GRAY.</SIGNED></CLOSER>
</DIV2>
<DIV2 TYPE="proclamation">
<PB N="79" REF="47">
<HEAD>By his Excellency <HI>Richard</HI> Earl of <HI>Bellomont,</HI> Captain General and Governour in chief of his Maje&s;ty's Province of <HI>New-York,</HI> and Terri|tories depending thereon in <HI>America,</HI> and Vice-Admiral of the &s;ame.</HEAD>
<HEAD>A PROCLAMATION.</HEAD>
<P>WHEREAS his mo&s;t excellent Maje&s;ty hath received Advice, That &s;everal Ships of Force fitted out of <HI>Scotland,</HI> were de&s;igned to &s;ettle them&s;elves in &s;ome parts of <HI>America,</HI> and le&s;t the &s;ame &s;hould derogate from the Treaties his Maje&s;ty hath entred into with the Crown of <HI>Spain,</HI> or be otherwi&s;e prejudicial to any of his Maje&s;ty's Colonies in <HI>America,</HI> his Maje&s;ty has been plea&s;ed to &s;ignify his Royal plea&s;ure to me, That I &s;hould &s;trictly forbid all his Maje&s;ty's Subjects, or others, inhabiting within the Di&s;tricts of my Government, that they forbear holding any Cor|re&s;pondence with, or giving any A&s;&s;i&s;tance to any of the &s;aid Per&s;ons, while they are engaged in the afore&s;aid Enterprize; and that no Provi&s;ions, Arms, Ammunition, or other Nece&s;&s;aries what|&s;oever, be carried from hence to them, nor be permitted to be carried, either in their own Ve&s;|&s;els, or any other Ship or Ve&s;&s;el for their U&s;e. In pur&s;uance of his Maje&s;ty's &s;aid Royal Will and Plea&s;ure, I have thought fit, by and with the Ad|vice of his Maje&s;ty's Council of this Province, to publi&s;h and declare his Maje&s;ty's Plea&s;ure, and by
<PB N="80" REF="48">the&s;e pre&s;ents do &s;trictly charge and command all and every one of his Maje&s;ty's Subjects, and others within this Province and Territories depending thereon in <HI>America,</HI> That they forbear holding any Corre&s;pondence with, or giving any A&s;&s;i&s;tance to &s;uch Per&s;on or Per&s;ons, who have been fitted out of <HI>Scotland</HI> in manner afore&s;aid, &amp; are &s;aid to have &s;ettled in a certain place, which they have called <HI>Caledonia,</HI> That no Provi&s;ion, Arms, Ammu|nition, or other nece&s;&s;aries what&s;oever, be car|ried either in their own Ve&s;&s;els, or in any other Ship or Ve&s;&s;el for their u&s;e, from this Province, or any part thereof. And his Maje&s;ty's Collec|tor and Receiver General, and all other Officers of his Maje&s;ty's Cu&s;tom-Hou&s;e, are hereby re|quired to take notice hereof accordingly.</P>
<P>And I do further &s;trictly charge, command, and forbid (by and with the con&s;ent of his Maje&s;ty's Council, as afore&s;aid (all his Maje&s;ty's &s;aid Sub|jects, and others within this Province, that they neither by them&s;elves, nor by any other Per&s;ons authorized by them, contrary to his Maje&s;ty's Royal Plea&s;ure as afore&s;aid, hold any Corre&s;|pondence, or give any A&s;&s;i&s;tance, or enter into any Traffick or Commerce with &s;uch per&s;ons as are &s;aid to be &s;ettled in <HI>Caledonia</HI> afore&s;aid. And if any Per&s;on or Per&s;ons within this Province, by them&s;elves, their Factors or Agents, &s;hall contra|ry to, and again&s;t the true intent and meaning of this his Maje&s;ty's Royal Will and Plea&s;ure &s;ig|nified unto me, as afore&s;aid, hold any Corre&s;|pondence, or give any A&s;&s;i&s;tance, or enter into any Traffick or Commerce, in manner afore&s;aid, then all &s;uch Per&s;on or Per&s;ons &s;o acting, as afore|&s;aid, &s;hall incurr &s;uch Pains, Penalties, and For|feitures,
<PB N="81" REF="48">as by Law in &s;uch Ca&s;es are provided. And all his Maje&s;ty's Subjects, and others within this Province, are hereby required to take due notice hereof, and to ob&s;erve his Maje&s;ty's &s;aid Royal Will and plea&s;ure in all and every of the Premi&s;&s;es as they will an&s;wer the contrary at their peril.</P>
<CLOSER><DATELINE><HI>Given at Fort</HI> William Henry <HI>in</HI> New-York, <DATE><HI>the</HI> 15th <HI>day of</HI> May, 1699.</DATE> <HI>and in the Eleventh Year of his Maje&s;ty's Reign. </HI><HI>By Order,</HI> B. Cole. <HI>Cl. Concilii.</HI></DATELINE> <SIGNED>Bellomont.</SIGNED>
<POSTSCRIPT>
<P>God &s;ave the King.</P>
<P>Printed by <HI>W. Bradford</HI> Printer to the Kings mo&s;t Excellent Maje&s;ty in <HI>New-York.</HI> 1699.</P>
</POSTSCRIPT></CLOSER>
</DIV2>
<DIV2 N="1" TYPE="proclamations">
<DIV3 TYPE="proclamation">
<HEAD>By his Excellency <HI>Richard</HI> Earl of <HI>Bellamont,</HI> Captain General, and Governour in chief of his Maje&s;ty's Provinces of the <HI>Ma&s;&s;achu&s;etts-Bay, New-York,</HI> &amp;c. in <HI>America,</HI> and of the Territories thereon depending, and Vice-Admiral of the &s;ame.</HEAD>
<HEAD>A PROCLAMATION.</HEAD>
<P>WHEREAS his mo&s;t Excellent Maje&s;ty having received Advice, that &s;everal Ships of Force fitted out in <HI>Scotland,</HI> were arrived at the I&s;land of <HI>St. Thomas,</HI> with an Intention (as they
<PB N="82" REF="49">declared) to &s;ettle them&s;elves in &s;ome parts of <HI>America:</HI> Le&s;t the &s;ame &s;hould derogate from the Treaties his Maje&s;ty has entred into with the Crown of <HI>Spain,</HI> or be otherwi&s;e prejudicial to any of his Maje&s;ty's Colonies in the <HI>We&s;t-Indies</HI> his Maje&s;ty has been plea&s;ed to &s;ignify his Royal Plea&s;ure to me, That I &s;hould &s;trictly forbid all his Maje&s;ty's Subjects, or others inhabiting within the Di&s;tricts of my Government, that they for|bear holding any Corre&s;pondence with, or giv|ing any A&s;&s;i&s;tance to any of the &s;aid Per&s;ons, while they are engaged in the fore&s;aid Enterprize; and that no Provi&s;ion, Arms, Ammunition, or other Nece&s;&s;aries what&s;oever, be carried to them from thence, nor be carried either in their own Ve&s;&s;els, or any other Ships or Ve&s;&s;els for their u&s;e.</P>
<P>In ob&s;ervance therefore of his Maje&s;ty's &s;aid Royal Will and Plea&s;ure, I have thought fit, by and with the Advice of his Maje&s;ty's Council of this Province, to charge and command, and do hereby charge and command all and every of his Maje&s;ty's Subjects, and others within this Pro|vince and Territories thereon depending, that they forbear holding any Corre&s;pondence with, or giving any A&s;&s;i&s;tance to any Per&s;on or Per&s;ons, who have been fitted out of <HI>Scotland</HI> in manner afore&s;aid, and are &s;aid to have &s;ettled in a cer|tain place in the <HI>We&s;t-Indies</HI> by 'em call'd <HI>Caledo|nia,</HI> or to enter into any Traffick or Commerce with them, or any of them. And that no Provi|&s;ions. Arms, Ammunition, or other Nece&s;&s;aries what&s;oever be tran&s;ported or carried unto them from this Province, or any part thereof, either in their own Ve&s;&s;els, or any other Ship or Ve&s;&s;el for their U&s;e. Of which all his Maje&s;ty's Subjects,
<PB N="83" REF="49">and others within this Province, are hereby re|quired to take due notice, and conform them|&s;elves accordingly, as they will an&s;wer their act|ing hereunto under the outmo&s;t Pains, Penalties, and Forfeitures, as are by Law in &s;uch ca&s;es pro|vided. And the Officers of his Maje&s;ty's Cu|&s;toms, and all other his Maje&s;ty's Officers, are hereby al&s;o required to take effectual care that his Maje&s;ty's &s;aid Royal Will and Plea&s;ure in all and every of the Premi&s;&s;es be duly ob&s;erved and kept, as they will an&s;wer the contrary at their Peril,</P>
<CLOSER><DATELINE><HI>Given at the Council Chamber in</HI> Bo&s;ton, <DATE><HI>the third of</HI> June 1699,</DATE> <HI>in the Eleventh Year of his Maje&s;ty's Reign. By Order of his Excellency, and Council,</HI> I. Addington <HI>Secr.</HI></DATELINE>
<SIGNED>BELLOMONT.</SIGNED> God &s;ave the King.</CLOSER>
</DIV3>
<DIV3 TYPE="colophon">
<P><HI>Bo&s;ton,</HI> Printed by <HI>Bartholomew Green,</HI> and <HI>John Allen,</HI> Printers to his Excellency the Governour and Council.</P>
</DIV3>
<DIV3 N="2" TYPE="proclamation">
<HEAD>A &s;econd Proclamation publi&s;hed in <HI>Barbadoes</HI> again&s;t the <HI>Scots</HI> Company and Colony.</HEAD>
<HEAD><HI>Barbadoes.</HI> By his EXCELLENCY.</HEAD>
<P>VVHEREAS his Maje&s;ty has been plea&s;ed to &s;ignify his plea&s;ure to me by Mr. Se|cretary <HI>Vernon,</HI> That he hath been Advi&s;ed, that
<PB N="84" REF="50">&s;everal Ships of force are arrived at the I&s;land of <HI>Cairat</HI> near <HI>Darien</HI> from <HI>Scotland,</HI> with an inten|tion to &s;ettle them&s;elves, their De&s;ign being un|known to his Maje&s;ty; and lea&s;t the &s;ame &s;hould derogate from the Treaties his Maje&s;ty hath en|tred into with the Crown of <HI>Spain,</HI> or be other|wi&s;e prejudicial to any of his Maje&s;ty's Co|lonies in the <HI>West Indies.</HI></P>
<P>The&s;e are therefore in his Maje&s;ty's Name, by and with the Advice and Con&s;ent of the Coun|cil, &s;trictly to command all his Maje&s;ty's Subjects inhabiting within this I&s;land, that they forbear holding any Corre&s;pondence with, or giving a|ny A&s;&s;i&s;tance to the &s;aid Per&s;ons; and that no Provi&s;ion, Arms, Ammunition, or other Nece&s;&s;a|ries what&s;oever be carried to them, as they &s;hall an&s;wer the &s;ame at their peril.</P>
<CLOSER><DATELINE>Given under my hand <DATE>the 5th. day of <HI>Septem|ber</HI> 1699.</DATE> and in the Eleventh Year of his Maje&s;ty's Reign.</DATELINE>
<SIGNED>R. Gray.</SIGNED></CLOSER>
</DIV3>
</DIV2>
<DIV2 TYPE="letters">
<DIV3 TYPE="letter">
<HEAD>The Council General of the <HI>Indian</HI> and <HI>African</HI> Company's Petition to his Maje&s;ty.</HEAD>
<OPENER><SALUTE>May it plea&s;e your Majesty,</SALUTE></OPENER>
<P>WE your Maje&s;ty's mo&s;t dutiful Subjects, The Council-General of the Company of <HI>Scot|land,</HI> Trading to <HI>Africa</HI> and the <HI>Indies,</HI> do in all humble duty beg leave to lay before your Maje|&s;ty the pre&s;ent Condition of our Affairs.</P>
<PB N="85" REF="50">
<P>Your Maje&s;ty from an earne&s;t de&s;ire of the flouri&s;hing of your Antient Kingdom, having been graciou&s;ly plea&s;ed by the 32d. Act of the 4th. Se&s;&s;ion, &amp; by the 8th. Act of the 5th. Se&s;&s;ion of this current Parliament, and your Maje&s;ty's Letters Patent under the Great Seal of this King|dom following thereupon, to authorize the &s;et|tling of Plantations and Colonies in <HI>A&s;ia, Africa</HI> or <HI>America</HI> by the Natives of this Kingdom; and and &s;uch others as &s;hould joyn with them; as in the &s;aid Acts of Parliament and Letters Patent is more particularly expre&s;s'd.</P>
<P>We and our Con&s;tituents, your Maje&s;ty's mo&s;t Loyal Subjects did, upon the faith and encourag|ment of the &s;aid Acts, and Letters Patent, en|ter into a Society, erect a Company of Trade, and with great Charge, and after many Difficul|ties &s;ettled a Plantation on the North &s;ide of the <HI>I&s;thumus</HI> of <HI>Darien,</HI> a place preci&s;ely in the terms of the &s;aid Acts of Parliament and Letters Patent.</P>
<P>And being &s;en&s;ible, That as our Company had its Birth from your Maje&s;ty's mo&s;t Gracious Fa|vour, &s;o it could not &s;ub&s;i&s;t but by your Royal Protection; We did therfore in all humble man|ner Petition your Maje&s;ty's High Commi&s;&s;ioner and the E&s;tates of Parliament a&s;&s;embled the 19th. of <HI>July</HI> 1698.</P>
<P>Upon which the E&s;tates of Parliament did with great unanimity Addre&s;s your Maje&s;ty, That you would in your Royal Wi&s;dom be plea&s;ed to take &s;uch mea&s;ures as might effectually vindicate the undoubted Rights and Priviledges of the &s;aid Company, and &s;upport the Credit and Intere&s;t thereof.</P>
<PB N="86" REF="51">
<P>That Se&s;&s;ion of Parliament ending before any Return could be had from your Maje&s;ty, Reports have been &s;pred by the Enemies of our Settle|ment, as if our Company had not your Maje&s;ty's Protection: And as an evidence thereof; That Proclamations have been i&s;&s;ued out in your Ma|je&s;ty's Name by your Governours in all the <HI>Ame|rican</HI> Plantations, not only to deprive our &s;aid Company and Colony of the friendly A&s;&s;i&s;tance, that might have rea&s;onably been expected from our Neighbour Nation, but al&s;o &s;trictly forbiding all your Maje&s;ty's Subjects or others within the&s;e Plantations to enter into any Traffick or Com|merce with the &s;aid Colony; &amp; that no Provi&s;ions, Arms, Ammunition, or other Nece&s;&s;aries what|&s;oever &s;hould be tran&s;ported, or carried to them either in their own Ve&s;&s;els or any other Ship or Ve&s;&s;el for their u&s;e, and that under the utmo&s;t Pains, Penalties and Forfeitures mentioned in the &s;aid Proclamations.</P>
<P>Which Proceedings we have but too much rea|&s;on to believe have been of fatal con&s;equence to our Company and Colony, and con&s;equently to the intere&s;t of all your Maje&s;ty's good Subjects in this Kingdom. And we being fully per&s;uaded, that nothing could be &s;o conducible for the &s;up|port of our &s;aid Company and Colony in our pre|&s;ent Circum&s;tances, as &s;ome &s;pecial Te&s;timonies and Evidences of your Royal Protection.</P>
<P>We do therefore in all humility and earne&s;t|ne&s;s beg of your Maje&s;ty's fatherly care of our &s;aid Company in particular, and of the Nation in general, That your Maje&s;ty would be graci|ou&s;ly plea&s;ed to take off the force and effect of the&s;e Proclamations which have been &s;o prejudi|cial
<PB N="87" REF="51">to us, and to &s;ignify your Royal Plea&s;ure to the Governours of the&s;e your Plantations, that we may be &s;upply'd in the common and ordina|ry way of Commerce. As al&s;o that your Maje|&s;ty may allow your Parliament to meet at the day appointed in <HI>November</HI> next, or as &s;oon as po&s;&s;ibly can be, that your Maje&s;ty may have the Advice and A&s;&s;i&s;tance of the Great Council of this Nation in &s;uch a weighty and general Con|cern, which we hope God will ble&s;s with an happy i&s;&s;ue to his Glory, the Honour of your Ma|je&s;ty, the Credit of your Parliament, the Intere&s;t of the Nation, and the Good of our Company and Colony.</P>
<CLOSER><DATELINE>Sign'd at <HI>Edinburgh</HI> <DATE>the 19th. day of <HI>October</HI> 1699.</DATE> in Name, pre&s;ence, and by Order of the &s;aid Council General by,</DATELINE>
<SALUTE>May it plea&s;e your Majesty,</SALUTE> <SIGNED>Your Maje&s;ty's mo&s;t Faithful, mo&s;t Dutiful, mo&s;t Humble, and mo&s;t Obedient Subject and Ser|vant, <HI>Belhaven,</HI> I. P. C. G.</SIGNED></CLOSER>
</DIV3>
</DIV2>
<DIV2 TYPE="response">
<HEAD>To which his Maje&s;ty was plea&s;ed to give the fol|lowing An&s;wer.</HEAD>
<OPENER><SIGNED><HI>WILLIAM</HI> R.</SIGNED>
<SALUTE>RIght Tru&s;ty and Well-beloved, We greet you well:</SALUTE></OPENER>
<P>Your Petition has been pre&s;ented to us by our Secretaries, and we do very much re|gret the Lo&s;s which that our Antient Kingdom
<PB N="88" REF="52">and the Company has lately &s;u&s;tained: We will u|pon all Occa&s;ions protect and encourage the Trade of the Nation: And we will al&s;o take care, that the Subjects of that our Kingdom &s;hall have the &s;ame freedom of Trade and Commerce with our <HI>Engli&s;h</HI> Plantations as ever they had formerly.</P>
<P>Our current Parliament is adjourn'd to the 5th. day of <HI>March</HI> next, and we will order that the Parliament &s;hall meet when we judge that the Good of the Nation does require it.</P>
<CLOSER><SALUTE>And &s;o we bid you heartily farewell.</SALUTE>
<DATELINE>Given at our Court at <HI>Ken&s;ington</HI> <DATE>the 2d. day of <HI>November</HI> 1699, and of our Reign the 11th. Year.</DATE></DATELINE>
<SIGNED>By his Maje&s;ty's Com|mand, Seafield.</SIGNED></CLOSER>
<TRAILER>To our Right Tru&s;ty and well-beloved, The Council General of the Company of our Ancient Kingdom of <HI>Scotland</HI> Trading to <HI>A|frica</HI> and the <HI>Indies.</HI></TRAILER>
</DIV2>
<DIV2 TYPE="letter">
<HEAD>To the Right Honourable the Lord High Chancellor, and remanent Lords of his Ma|je&s;ty's mo&s;t Honourable Privy Council.</HEAD>
<HEAD TYPE="sub"><HI>The Humble Addre&s;s of the Council-General of the Company of</HI> Scotland <HI>Trading to</HI> Africa <HI>and the</HI> Indies.</HEAD>
<OPENER><SALUTE>May it plea&s;e your Lord&s;hips,</SALUTE></OPENER>
<P>WE think it needle&s;s to trouble your Lord|&s;hips with a repetition of the many Steps, Difficulties and Di&s;couragements that we met
<PB N="89" REF="52">with all along both abroad and at home, &s;ince the beginning of this Undertaking, the mo&s;t con&s;i|derable of them being already particularly known to your Lord&s;hips But maugre all tho&s;e Diffi|culties, we have with a great deal of Trouble and va&s;t Expen&s;es, &s;ettled a Plantation in one of the mo&s;t valuable and impregnable Places in all <HI>A|merica,</HI> &s;ituated on the North-&s;ide of the I&s;tumus of <HI>Darien</HI> called by us <HI>Caledonia.</HI></P>
<P>As no Nation in <HI>Europe</HI> ever begun any &s;uch Settlement with &s;o con&s;iderable a Strength of Men, Ships, and other Nece&s;&s;aries, as we did: So no in&s;tance can be given of any Settlement e|ver heretofore made, that had &s;o hopeful an A&s;|pect in &s;o &s;hort a time as our Plantation afore&s;aid.</P>
<P>But to our and the Nation's ine&s;timable Lo&s;s, we have very &s;urprizing Advices of our Peoples having de&s;erted the &s;aid Settlement by rea&s;on of Proclamations i&s;&s;ued forth in all his Maje&s;ty's Plan|tations of <HI>America,</HI> &s;trictly forbidding all his Ma|je&s;ty's Subjects to hold any manner of Corre&s;pon|dence with our &s;aid Colony, and that no man|ner of Provi&s;ions, Arms, Ammunition, or other nece&s;&s;aries what&s;oever, &s;hould be tran&s;ported or carried to them, either in their own Ve&s;&s;els or any other Ship or Ve&s;&s;el for their u&s;e; and that under the outmo&s;t Pains, Penalties, and For|feitures mentioned in the &s;aid Proclamati|ons. The certain notice whereof could not but have put them in a de&s;perate Condition, e&s;pecial|ly none of our Advices having come to their hands, tho we wrote to them at &s;everal times, by the &s;e|veral ways of <HI>Jamaica, Barbados, Antegoa, New-England,</HI> &amp;c. and &s;ent them likewi&s;e an illimited
<PB N="90" REF="53">Credit for buying of Provi&s;ions, till our own Ships and Recruits &s;hould come up to them.</P>
<P>We have taken &s;uch further mea&s;ures, as &s;eem'd mo&s;t rea&s;onable to us upon this unexpected Emergency, but have too good ground to fear, that not only what we have already done, but even all that we are able to do, mu&s;t prove inef|fectual, if the King and his Parliament of this Kingdom, do not give &s;ome encouraging Marks of their Favour and Protection to our &s;aid Compa|ny and Colony: Wherefore we have in all hum|ble Duty Petition'd his Maje&s;ty that he would be graciou&s;ly plea&s;ed to take off the Force of the &s;aid Proclamations, and allow his &s;aid Parliament to meet at the day appointed in <HI>November</HI> next, or as &s;oon as po&s;&s;ibly may be, to give their Advice and A&s;&s;i&s;tance in &s;uch a weighty and general con|cern.</P>
<P>Your Lord&s;hips may very well know the great Lo&s;&s;es, both of Men and Trea&s;ure, that we have already &s;uffered by the unaccountable Proceed|ings of the Enemies of our Company and Colo|ny: Nor can we tell when to expect an end to &s;uch Methods again&s;t us, unle&s;s his Maje&s;ty and the Great Council of the Nation fall upon proper and effctual Means for &s;upporting &s;o valuable an Undertaking.</P>
<P>May it the refore plea&s;e your Lord&s;hips, to take the whole Premi&s;&s;es into your mo&s;t &s;erious con&s;ideration, and do us all the good Offices with his Maje&s;ty that, in your profound Wi&s;dom, you &s;hall think mo&s;t expedient for &s;upporting our Com|pany and Colony's Intere&s;t, and give him
<PB N="91" REF="53">an account of our pre&s;ent Circum&s;tances, and how much the Honour and Intere&s;t of the Nation &s;tands concern'd.</P>
<CLOSER><DATELINE>Sign'd at <HI>Edinburgh</HI> <DATE>the 20th. day of <HI>October</HI> 1699,</DATE> in Name, Pre&s;ence, and by Order of the &s;aid Council-General. By,</DATELINE>
<SALUTE>May it plea&s;e your Lord&s;hips,</SALUTE> <SIGNED>Your Lord&s;hips mo&s;t humble Ser|vant, <HI>Ba&s;il Hamilton,</HI> J. P. C. G.</SIGNED></CLOSER>
</DIV2>
<DIV2 TYPE="letter">
<HEAD>A Letter from the Company</HEAD>
<HEAD TYPE="sub">To the Right Honourable, The Vi&s;count of <HI>Sea|field,</HI> one of the Secretaries of State for the Kingdom of <HI>Scotland.</HI></HEAD>
<OPENER><SALUTE>My Lord,</SALUTE></OPENER>
<P>THis is by Order of the Council-General of the Company of <HI>Scotland,</HI> Trading to <HI>Af|rica</HI> and the <HI>Indies,</HI> to acquaint your Lord&s;hip, That we have prevail'd upon Lord <HI>Ba&s;il Hamilton</HI> to be at the trouble of going up with an Addre&s;s to His Maje&s;ty from our &s;aid Council-General on behalf of Captain <HI>Robert Pinkarton</HI> and Thirty more, who were wrongfully detain'd Pri&s;oners at <HI>Carthagena</HI> &s;ince the beginning of <HI>February</HI> la&s;t, and (as we are inform'd) are mo&s;t inhumanely treated.</P>
<PB N="92" REF="54">
<P>We are daily importun'd by their Relations (who are very con&s;iderable) for their Relief; and it is of great concern to our Company, that &s;omething material be &s;peedily done therein, not only for the &s;ake of the &s;aid Pri&s;oners, but al&s;o that others may thereby &s;ee, we do not a|bandon the Intere&s;t of &s;uch as engage them&s;elves in our Company's Service.</P>
<P>Lord <HI>Ba&s;il Hamilton</HI> is fully in&s;tructed in all mat|ters relating to the &s;aid Addre&s;s, and other Affairs relating to our Company, of which he'll inform your Lord&s;hips. Wherefore we entreat that your Lord&s;hip will be pleas'd to introduce him to His Maje&s;ty, in pre&s;enting of the &s;aid Addre&s;s; and to a&s;&s;i&s;t him in procuring a gracious return from his Maje&s;ty; in the con&s;idence whereof, I remain,</P>
<CLOSER><DATELINE><HI>Edinbr.</HI> <DATE>4th. <HI>Decr.</HI> 1699.</DATE></DATELINE>
<SALUTE>My Lord,</SALUTE> <SIGNED>Your Lord&s;hip's mo&s;t humble Servant, Ye&s;ter, <HI>I. P. C. G.</HI></SIGNED>
<POSTSCRIPT>
<P>Memorandum, <HI>Such another Letter was at the &s;ame time written to the Lord</HI> Carmichael, <HI>the other Secretary of State.</HI></P>
</POSTSCRIPT></CLOSER>
</DIV2>
<DIV2 TYPE="letter">
<HEAD>The Company's Addre&s;s to His Maje&s;ty.</HEAD>
<OPENER><SALUTE>May it plea&s;e your Maje&s;ty,</SALUTE></OPENER>
<P>WE your Maje&s;ty's mo&s;t dutiful Subjects, the Council-General of the Company of <HI>Scot|land,</HI> Trading to <HI>Africa</HI> and the <HI>Indies,</HI> having for|merly,
<PB N="93" REF="54">in mo&s;t humble manner, repre&s;ented to your Maje&s;ty, how that we have, with much Trou|ble, great Expen&s;e, and after many unexpected Stops and Difficulties, &s;ettled a Plantation and Co|lony on the North-&s;ide of the <HI>I&s;thmus</HI> of <HI>Darien,</HI> on the Continent of <HI>America,</HI> preci&s;ely in the Terms of your Maje&s;ty's Acts of Parliament and Letters Pa|tent under the Great Seal of this Kingdom.</P>
<P>We now, in all Duty and Humility, beg leave to repre&s;ent further to your Maje&s;ty, That where|as in the &s;aid Acts of Parliament and Letters Pa|tent, there is a &s;pecial Clau&s;e, by which your Ma|je&s;ty is graciou&s;ly plea&s;ed to promi&s;e, <Q>That if contrary to the Rights and Priviledges therein|mention'd, or contrary to the General Treaties of Peace and Commerce between your Maje&s;ty and any Potentate, Prince or State in Amity with your Maje&s;ty, the Ships, Goods, Mer|chandize, Per&s;ons, or other Effects what&s;oever, belonging to the &s;aid Company, &s;hould happen to be &s;topp'd, detain'd, embezell'd, or taken away, or in any &s;ort prejudic'd or damnified, That your Maje&s;ty would interpo&s;e your Royal Authority, to have Re&s;titution, Reparation, and Satisfaction made for the dammage done; and that upon the publick Charge.</Q></P>
<P>And whereas likewi&s;e by the X and XI Articles of the Treaty concluded between the Crowns of <HI>Great-Britain</HI> and <HI>Spain,</HI> at <HI>Madrid</HI> the 8/18 day of <HI>July</HI> 1670. It is &s;pecially &s;tipulated, <Q>That in ca&s;e any of the Subjects of either the Confede|rates with their Shipping be forc'd at any time, through &s;tre&s;s of Weather, pur&s;ute of Pyrates, or Shipwrack to retreat and enter for &s;helter, and harbour into any of the Rivers, Creeks,
<PB N="94" REF="55">Bays, Havens, Roads and Ports belonging to the other in <HI>America,</HI> That the Per&s;ons &s;o Ship|wrack'd or forced a Shoar, &s;hall in no &s;ort be detain'd Pri&s;oners, but that on the contrary; all friendly A&s;&s;i&s;tance and Relief &s;hall be admi|ni&s;tred to their Di&s;tre&s;s, both for the Su&s;tenance of their Per&s;ons and reparation of their Ships, and conveniency of their Vovage, and that Letters of &s;afe Conduct &s;hall be given them, for their free and quiet pa&s;&s;age thence.</Q></P>
<P>Yet notwith&s;tanding thereof, a Ship call'd the <HI>Dolphin,</HI> belonging to our Company, being &s;ent from our &s;aid Colony to &s;ome of the Leeward I&s;lands, with a Cargo for buying Provi&s;ions, and the &s;aid Ship in a few days time after her going to Sea and plying to windward, for the &s;peedier pa&s;&s;age, &s;tricking unfortunately upon a Rock, &s;prung a Leak, and being forced to run a &s;hoar, under the very Walls of <HI>Carthagena,</HI> to e&s;cape Ship|wrack, not only the &s;aid Ship and Goods were violently &s;eiz'd and di&s;pos'd of as prize, but al&s;o the Men to the number of thirty and a Boy (who&s;e Names are here &s;ubjoyned) were detain'd and made clo&s;e Pri&s;oners, contrary to the expre&s;s Terms of the &s;aid Treaty.</P>
<P>Upon notice whereof, the Council of the &s;aid Colony &s;ent, in your Maje&s;ty's and &s;aid Compa|ny's Name, a Me&s;&s;enger with a very civil Letter, to the Governor of <HI>Carthagena,</HI> to demand your &s;aid Subjects, who were wrongfully detain'd Pri|&s;oners, as afore&s;aid; and likewi&s;e Re&s;titution of the &s;aid Ship and Goods, pur&s;uant to the Treaty above-recited; and &s;ent al&s;o Copies of the Acts of Parliament and Letters Patent above mention'd, in <HI>Engli&s;h, Latin,</HI> and <HI>Spani&s;h,</HI> for the Governor's
<PB N="95" REF="55">Information: but in&s;tead of any compliance to tho&s;e ju&s;t and rea&s;onable Demands, the Me&s;&s;en|ger was threatned to be put in Chains, and not &s;o much as allow'd to &s;ee any of the &s;aid Pri&s;oners.</P>
<P>And being lately a&s;&s;ur'd, that (notwith&s;tan|ding of all endeavours hitherto us'd for their Libe|ration) they are contrary to the Rules of Chri&s;ti|anity, Humanity, and the Law of Nations, &s;till detain'd Pri&s;oners under very &s;evere Treatments, we think our &s;elves in Duty and Con&s;cience bound to lay their deplorable Ca&s;e before your Maje&s;ty; and for that effect have commi&s;&s;ioned Lord <HI>Ba&s;il Hamilton,</HI> one of our number, to pre&s;ent this our humble Addre&s;s on their behalf to your Maje&s;ty, and to give your Maje&s;ty a further account of our Company's other Affairs, as he is particularly in|&s;tructed therein; not doubting but that your Ma|je&s;ty will, in your Royal Wi&s;dom, take &s;peedy and effectual Mea&s;ures for the redre&s;s of tho&s;e Dammages, and the freedom of tho&s;e di&s;tre&s;&s;ed Pri&s;oners, in the number of which there are &s;ome young Gentlemen of good Quality, and related to the be&s;t Families in this Kingdom.</P>
<CLOSER><DATELINE><HI>Signed at</HI> Edinburgh <DATE><HI>the</HI> 4th. <HI>Day of</HI> December, 1699;</DATE> <HI>in Name, Pre&s;ence, and by Order of the &s;aid Council-General, by,</HI></DATELINE>
<SALUTE>May it plea&s;e your Maje&s;ty,</SALUTE> <SIGNED><HI>Your Maje&s;ty's mo&s;t Faithful, mo&s;t Dutiful, mo&s;t Humble, and mo&s;t Obedient Subject and Servant,</HI> Ye&s;ter, I. P. C. G.</SIGNED></CLOSER>
</DIV2>
<DIV2 TYPE="letter">
<PB N="96" REF="56">
<HEAD>The Chancellours Letter to the Directors of the Company.</HEAD>
<OPENER><DATELINE><HI>Holyrood-hou&s;e,</HI> <DATE>the 9th. of <HI>January</HI> 1700.</DATE></DATELINE></OPENER>
<OPENER><SALUTE>Right Honourable,</SALUTE></OPENER>
<P>HIs Maje&s;ties Secretaries of State have acquain|ted me, That the King will not allow my Lord <HI>Ba&s;il Hamilton</HI> acce&s;s to him, Becau&s;e he did not wait on his Maje&s;ty when he was formerly in <HI>London.</HI> And that he has never &s;ince given any publick Evidence of his Loyalty, nor has hitherto owned and acknowledged His Maje&s;ties Govern|ment. But his Maje&s;ty will not refu&s;e to hear what my Lord <HI>Ba&s;il</HI>'s In&s;tructions are; and has declared his willingne&s;s to be informed of what the Company de&s;ires. And if my Lord <HI>Ba&s;il</HI> will give in Writing to His Maje&s;ties Secretaries, what he had to repre&s;ent, His Maje&s;ty will receive In|formation from their hands of what is demanded, and will give his An&s;wer to the Company; His Maje&s;ty doth not refu&s;e to Receive the Petition, tho' he will not allow my Lord <HI>Ba&s;il</HI> to be the Pre|&s;enter of it. This from</P>
<CLOSER><DATELINE><HI>To the Right Honourable, The Court of Directors of the Company of</HI> Scotland, <HI>Trading to</HI> Africa <HI>and the</HI> Indies.</DATELINE>
<SALUTE>Right Honourable,</SALUTE> <SIGNED><HI>Your very humble Servant,</HI> Marchmont Chancellour.</SIGNED></CLOSER>
</DIV2>
<DIV2 TYPE="letter">
<PB N="97" REF="56">
<HEAD><HI>A Letter from the Directors of the Company, to each of the Secretaries for</HI> Scotland.</HEAD>
<OPENER><SALUTE>My Lord,</SALUTE></OPENER>
<P>THE Council-General of our Company, having lately a very frequent Meeting thought fit to &s;end up one of their own Number, with an Addre&s;s to his Maje&s;ty, and with In&s;tru|ctions concerning the Contents of our Compa|ny's former Petitions; they thought that none could be more Capable to Di&s;charge that Tru&s;t, than Lord <HI>Ba&s;il Hamilton.</HI> as being throughly Ver&s;ed in the cour&s;e of the Company's Affairs, nor more acceptable to His Maje&s;ty, as having had no objection made again&s;t him when he was appoin|ted; &s;everal Lords of His Maje&s;ties Privy Coun|cil Being then pre&s;ent. And the Council-Gene|ral having &s;ignified &s;o much to your Lord&s;hip by a Letter, wherein they entreated, that you would be plea&s;ed to introduce him to the King, and give your Concurrence in procuring a Gracious Return to what he had in Commi&s;&s;ion, and which he was to Communicate to your Lord&s;hip. We are &s;urpriz'd to find this day by a Letter from the Lord Chancellour; that the King will not allow Lord <HI>Ba&s;il Hamilton</HI> to have Acce&s;s, becau&s;e he did not wait upon his Maje&s;ty when he was for|merly at <HI>London.</HI> But his Lord&s;hip being &s;ent by, and having his In&s;tructions from the Council-General, We the Court of Directors can &s;ay no|thing to it, other than to entreat your Lord&s;hip that you'd u&s;e your Intere&s;t with his Maje&s;ty, to allow Lord <HI>Ba&s;il Hamilton,</HI> to have Acce&s;s to His
<PB N="98" REF="57">Royal Per&s;on, le&s;t the Refu&s;al thereof be not on|ly a great Di&s;couragement to the Company and all its well-wi&s;hers, under its pre&s;ent Difficulties and repeated Misfortunes, but give al&s;o ground to the World to believe that his not being allowed Acce&s;s to His Maje&s;ty, is upon the Ac|count of his carrying an Addre&s;s from this Com|pany, which every Body knows &s;tands in great need of, and has a ju&s;t Right to His Maje&s;ties Royal Favour and Protection,, And which being the General Concern of the whole Nation, is con|fidently expected &amp; &s;ignified to your Lord&s;hip, by Order and in name of the Court of Directors by,</P>
<CLOSER><DATELINE>Edinbur. <DATE><HI>the</HI> 9th. <HI>day of</HI> Janu|ary, 1700.</DATE></DATELINE>
<SALUTE>My Lord,</SALUTE> <SIGNED><HI>Your Lord&s;hips mo&s;t humble Servant,</HI> Pat. Scot. I. P: C. D.</SIGNED></CLOSER>
</DIV2>
<DIV2 TYPE="letter">
<HEAD><HI>A Letter from the Company, to my Lord</HI> Ba&s;il Hamilton.</HEAD>
<OPENER><SALUTE>My Lord,</SALUTE></OPENER>
<P>WE have your Lord&s;hips Letter, of the 2d. In&s;tant, by ye&s;terdays Po&s;t; in relation to to the Contents of which, we &s;end you here|with the Copy of a Letter, which we have writ|ten by this Nights Po&s;t, to both the Secretaries of State, and likewi&s;e the Copy of another Let|ter, which we had this morning from the Lord Chancellour upon the &s;ame head.</P>
<PB N="99" REF="57">
<P>As our Company cannot but have a ju&s;t &s;en&s;e of your Lord&s;hips generous conde&s;cen&s;ion, to the Council-Generals reque&s;t, in undertaking a trouble&s;ome Journey to <HI>London,</HI> this time of the Year, to wait upon and Solicite his Maje&s;ty about our Company's Affairs, with no other view but frankly to &s;erve the Intere&s;t of your Country, to the manife&s;t neglect of your own, So we cannot but heartily regret that the carrying of the Com|pany's Commi&s;&s;ion, &s;hould be the occa&s;ion of putting &s;uch a di&s;tingui&s;hing Mark upon a Per|&s;on of your Lord&s;hips Quality and merit, as to be denied acce&s;s to His Maje&s;ties Per&s;on, becau&s;e you did not wait upon His Maje&s;ty when you were formerly at <HI>London.</HI> No body can be &s;o blind as not to &s;ee through this. And whereas we never could hear, that your Lord&s;hip did e|ver any thing unworthy of your. Quality, or in|con&s;i&s;tent with the duty of a Loyal and Peace|able Subject. So we are &s;till hopefull, that by your own prudent management, His Maje&s;ty may be undeceived of any mi&s;-repre&s;entation he might have had of you, &amp; that he will yet conde|&s;cend to grant your Lord&s;hip acce&s;s to his Royal Per&s;on, with the Company's &s;aid Addre&s;s, and give you a Gracious An&s;wer to the Contents thereof, and to the other particulars mention'd in your in&s;tructions; An account whereof would be very welcome News, in the mid&s;t of our mi&s;|fortunes, to the Company in general, and parti|cularly
<PB N="100" REF="58">to the Court of Directors in who&s;e Name, and by who&s;e Order this is from,</P>
<CLOSER><DATELINE>Edinburgh <DATE><HI>the</HI> 9th. <HI>day of</HI> January. 1700.</DATE></DATELINE>
<SALUTE>My Lord,</SALUTE> <SIGNED><HI>Your Lord&s;hips mo&s;t humble Servant,</HI> Pat. Scot. I. P. C. D</SIGNED></CLOSER>
</DIV2>
<DIV2 TYPE="letter">
<HEAD><HI>His Maje&s;ties Letter to His Council of</HI> Scotland.</HEAD>
<OPENER><SIGNED>William R.</SIGNED></OPENER>
<P>RIght Tru&s;ty and Right well beloved Cou&s;in and Councellor, Right Tru&s;ty and Entire|ly beloved Cou&s;in and Councellour, Right Tru&s;ty and well Beloved Cou&s;ins and Councel|lours, Right Tru&s;ty and well Beloved Councel|lours, and Tru&s;ty and well Beloved Coun|cellours, We greet you well, WHERE|AS The Council-General of the Compa|ny of that our Kingdom, Trading to <HI>A|frica</HI> and the <HI>Indies,</HI> by their Letter to our Secre|taries of the Fourth day of <HI>December</HI> la&s;t; did de|&s;ire, That they might give their concurrence to procure a Gracious Return from Us, to the Peti|tion which they had &s;ent with Lord <HI>Ba&s;il Hamil|ton.</HI> And the &s;aid Lord <HI>Ba&s;il</HI> having com|municated to Our Secretaries both the fore&s;aid Petition and His In&s;tructions; And they ha|ving repre&s;ented to us, what is de&s;ired in behalf
<PB N="101" REF="58">of the &s;aid Company, and we having refu&s;ed the &s;aid Lord <HI>Ba&s;il Hamilton.</HI> Acce&s;s, to pre&s;ent the the fore&s;aid Petition to Us, for the Rea&s;ons We did Order our Secretaries to Comunicate to Our Chancellour; Yet We being willing to give an An&s;wer to what the &s;aid Com|pany does de&s;ire. You are therefore to call for &s;ome of the Council-General, and acquaint them that We are re&s;olved in the terms of our Treaties, to demand from the King of <HI>Spain,</HI> that Captain <GAP DESC="blank"> <HI>Pinkarton</HI> and the&s;e of his Crew, who are detained Pri&s;oners at <HI>Carthagena</HI> be Re|lea&s;ed and &s;et at Liberty. And you may al&s;o ac|quaint them, that our Subjects of that our King|dom &s;hall be allowed the &s;ame Liberty of Trade that others enjoy with the Engli&s;h Plantations; And in general, you may &s;ignifie to them, Our Re&s;olution to promote and advance the Trade of the Kingdom, And the three Friggots they de|mand having been given by Parliament for guard|ing the Trade of the Coa&s;ts; We are not re&s;olved to di&s;po&s;e of them till we have the Advice of our Parliament. And &s;o we bid you heartily Fare|wel. Given at our Court at <HI>Ken&s;ingtoun,</HI> the Tenth day of <HI>January</HI> 1700, and of our Reign the Eleventh Year, By his Maje&s;ties Command <HI>Sic Sub. Seafield</HI> Directed thus, To Our Right Tru&s;ty and Right well Beloved Cou&s;in and Councellor, Our Right Tru&s;ty and Entirely Beloved Cou&s;in and Councellor, Our Right Tru&s;ty and well be|loved Cou&s;ins and Councellours, Our Right Tru&s;ty and well Beloved Councellours, and to our Tru&s;ty and well Beloved Councellours, <HI>Pa|trick</HI> Earl of <HI>Marchmont</HI> our Chancellor, and the re&s;t of the Lords and others of our Privy. Coun|cil,
<PB N="102" REF="59">of our Ancient Kingdom of <HI>Scotland.</HI></P>
<CLOSER><POSTSCRIPT>
<P>This is a true Copy taken from the principal and Sub|&s;cribed by,</P>
<CLOSER><SIGNED>Gilb, Eilot Cls. Sti. Con.</SIGNED></CLOSER>
</POSTSCRIPT></CLOSER>
</DIV2>
<DIV2 TYPE="letter">
<HEAD><HI>An other Letter from the Council General of the Company to my Lord</HI> Ba&s;il Hamilton.</HEAD>
<OPENER><SALUTE>My Lord,</SALUTE></OPENER>
<P>YOur Lord&s;hips Letters to the Court of Dire|ctors, having been by them Communicated to us, We cannot but acknowledge, that as you have at our reque&s;t frankly undertaken a trouble|&s;ome Journey and Task to &s;erve the Intere&s;t of your Country and our Company; So we are ful|ly &s;atisfied, that you have acquitted your &s;elf with a great deal of Prudence and Di&s;cretion in the execution of that Charge, for which we ren|der you mo&s;t hearty Thanks: But finding by a Letter of the 10th. in&s;tant from His Maje&s;ty to the Lords of his Privy Council, and by a former from the Secretaries of State to the Lord Chan|cellour (Copies of both which are herewith in|clo&s;ed) That his Maje&s;ty has determin'd not to to allow your Lord&s;hip acce&s;s to pre&s;ent our Ad|dre&s;s, nor to impart to His Maje&s;ty what other things we gave you in charge by your In|&s;tructions: We are heartily Sorry that your Lord|&s;hips carrying of our Addre&s;s, &s;hould bring you you under any &s;uch di&s;agreeable circum&s;tances with His Maje&s;ty: But the matter being &s;o, we
<PB N="103" REF="59">cannot think it ju&s;t to detain your Lord&s;hip any longer at <HI>London</HI> to the neglect of your own affairs at home, and do therefore hereby &s;ignify that your Lord&s;hip may u&s;e your own Freedom, to take Journey homeward as &s;oon as you think fit, and as may &s;ute be&s;t with your conveniency. This is in Name, pre&s;ence and by order of the Council-General of our Company, from</P>
<CLOSER><DATELINE>Edinburgh <DATE><HI>the</HI> 29th. <HI>of</HI> January 1700.</DATE></DATELINE> <SALUTE>My Lord,</SALUTE> <SIGNED>Your Lord&s;hips mo&s;t humble Servant, John Home <HI>P.</HI></SIGNED></CLOSER>
</DIV2>
<DIV2 TYPE="part">
<DIV3 TYPE="proclamation">
<HEADNOTE>
<P><HI>Upon the fir&s;t notice that was given of a National Addre&s;s or Petition to His Maje&s;ty for the fltting of the Parliament, the following Proclamation was emitted.</HI></P>
</HEADNOTE>
<HEAD>PROCLAMATION Anent Petitioning.</HEAD>
<OPENER><SIGNED><HI>WILLIAM</HI> By the Grace of GOD, King of Great <HI>Brittain, France</HI> and <HI>Ire|land,</HI> Defender of the Faith;</SIGNED>
<SALUTE>To Macers of Our Privy Council Me&s;&s;engers at Arms, Our Sheriffs in that Part Conjunctly and Severally, Specially Con&s;titute Greeting;</SALUTE></OPENER>
<P>Fora&s;much, as We, by our Letter un|der
<PB N="104" REF="60">our Royal hand, dated at <HI>Ken&s;ingtoun,</HI> the Twelfth of <HI>December</HI> in&s;tant, have &s;ignified to the Lords of Our Privy Council, That whereas we are informed, that notwith&s;tanding of Our An|&s;wer to the late Petition of the Council-General of the Company of that our Kingdom, Trading to <HI>Africa</HI> and the <HI>Indies,</HI> which we think ought to have given intire Satisfaction to all our Good Subjects; Yet there is on foot a De&s;ign of Ad|dre&s;&s;ing Us of New, on the &s;ame heads, carryed on after &s;uch a manner, &amp; with &s;o little re&s;pect to our Government, gives us too ju&s;t Grounds to ap|prehend the Con&s;equences, that We have ne|ver hitherto denyed Our Subjects their Privi|ledges, nor will We di&s;courage the Liberty of Petitioning, when the &s;ame is done in an Orderly manner, but that we having fully declared our Mind, as to the Subject of the la&s;t Addre&s;s, We cannot but take particular No|tice of that unu&s;ual Method that is taken to pro|cure Sub&s;criptions to a new one, and that &s;ome Per&s;ons, who &s;ignalize them&s;elves in carrying on the &s;ame, have given no Evidence of their Affe|ction to Our Government. And make it their Indeavour to lodge the late misfortune of the Company, on Proclamations emitted in the We&s;t <HI>Indies,</HI> tho they cannot but be &s;en&s;ible, that the &s;ame did proceed from other Cau&s;es. And being convinced, that &s;uch Practi&s;es may tend to Alie|nate from Us the Hearts of our good Subjects, &amp; that it is nece&s;&s;ary, for the Support of Our Go|vernment, and pre&s;erving the publick Peace of the Nation, that they be di&s;couraged and pre|vented. We did therefore Recommend to the &s;aids Lords of Our Privy Council, to &s;ignify and
<PB N="105" REF="60">and make known our Di&s;plea&s;ure, and Di&s;-&s;atis|faction with &s;uch proceedings, and to take the mo&s;t effectual Methods con&s;i&s;tent with Law, for Di&s;couraging the &s;ame, and for preventing the&s;e that are well inclined to Our Government from Joyning with them. OUR WILL IS HEREFORE, And We Charge you &s;trictly, and Command, that Incontinent the&s;e our Letters &s;een, ye pa&s;s to the Mercat Cro&s;s of <HI>Edinburgh,</HI> and Remanent Mercat Cro&s;&s;es of the whole head Burghs of the &s;everal Shires, and Stewartries within this Kingdom, &amp; thereat in our Name and Authority, by open Proclamation make Intimation of the Premi&s;&s;es, that none pretend Ignorance, and ordains Our Solicitor to tran&s;mitt Coppies to the Sheriffs, Stewarts and their Clerks for that ef|fect and Ordanis the&s;e pre&s;ents to be Printed.</P>
<CLOSER><DATELINE><HI>Given under our Signet at</HI> Edinburgh <HI>the Eighteenth day of</HI> <DATE>December, <HI>and of Our Reign the Eleventh Tear,</HI> 1699.</DATE></DATELINE>
<SIGNED><HI>Ex deliheratione Dominorum Secreti Concilii.</HI> GILB. ELIOT. <HI>Cls. Sti. Concilii.</HI></SIGNED> God &s;ave the King.</CLOSER>
</DIV3>
<DIV3 TYPE="letter">
<HEAD>Here followes the fir&s;t National Addre&s;s or Petition mention'd in the foregoing Proclamation.</HEAD>
<OPENER><SALUTE>May it plea&s;e your Maje&s;ty,</SALUTE></OPENER>
<P>VVE the &s;everal Sub&s;cribing Nohlemen, Ba|rons and Gentlemen of this Your Ma|je&s;ty's
<PB N="106" REF="61">Kingdom of <HI>SCOTLAND,</HI> being deep|ly Affected with the pre&s;ent hard Circum&s;tances of the <HI>Indian</HI> and <HI>African</HI> Company, both Abroad and at Home, as being of Univer&s;al Concern to the whole Nation. And your Maje&s;ty having been plea&s;ed, by your Royal An&s;wer to the Coun|cil-General of the &s;aid Company's late Petition, to &s;ignify, <HI>That your Maje&s;ty does very much Regret the Lo&s;s which this Kingdom and the Company has late-&s;u&s;tained; That upon all occa&s;ions Your Majesty will Protect and Encourage the Trade of the Nation; and that Your Maje&s;ty will order the Parliament to Meet when you judge that the Good of the Nation does re|quire it.</HI></P>
<P>We are thereby Encouraged in mo&s;t Dutiful and Humble manner, to repre&s;ent to your Ma|je&s;ty, That as the E&s;tates of Parliament, and this Nation, which they Repre&s;ent, have a Peculiar Intere&s;t in the Concerns of the &s;aid Company, as is particularly manife&s;ted in their Unanimous Addre&s;s of the 5th. of <HI>Augu&s;t</HI> 1698. to Your Ma|je&s;ty: So we humbly conceive nothing can be &s;o Conducible to &s;upport the Intere&s;t and Credit of the &s;aid Company, under its pre&s;ent Misfortunes, as a Meeting of the &s;aid E&s;tates in Parliament, and that the Good of the Nation can at no time re|quire their Metting more than at pre&s;ent: As not doubting, but that under the Influences of Your Maje&s;ty's Favour and Protection, together with the A&s;&s;i&s;tance which may be rea&s;onably expected from your &s;aid Parliament, The &s;aid Company may be enabled to pro&s;ecute their Undertakings with greater A&s;&s;urance, and better Succe&s;s than hither to they could have done, under the many Stops and Difficulties which they met with from time to time.</P>
<PB N="207" REF="61">
<P>We do therefore in all Humble Duty; mo&s;t earne&s;tly Entreat, and mo&s;t a&s;&s;uredly Expect, that Your Maje&s;ty will, in Your Royal Wi&s;dom, and Fatherly Care, for the Good of this Nation, be Graciou&s;ly plea&s;ed, to order your &s;aid Parlia|ment to Meet, as &s;oon as po&s;&s;ible, which We doubt not, will tend to the Honour of your Ma|je&s;t, and the General Good and Satisfaction of the Nation, and particularly of</P>
<CLOSER><SALUTE>May it plea&s;e your Maje&s;ty,</SALUTE> <SIGNED>Your Maje&s;ty<HI>'s</HI> mo&s;t Loyal, mo&s;t Dutiful, and mo&s;t humble Subjects and Servants.</SIGNED>
<POSTSCRIPT>
<P><HI>This Addre&s;s was pre&s;ented to His Maje&s;ty at</HI> Ken|&s;ington <HI>the</HI> 25th. <HI>day of</HI> March 1700. <HI>By the Right Honourable the Marques of</HI> Tweeddale, <HI>Sir</HI> John Home <HI>of</HI> Blakader <HI>Baronet,</HI> John Haldan <HI>of</HI> Gleneagles <HI>and</HI> Patrick Murray <HI>of</HI> Living&s;ton <HI>Barons, Com|mi&s;&s;iners appointed for that end:</HI></P>
<P>Upon the pre&s;enting of this Addre&s;s one of the abovenamed Commi&s;&s;ioners &s;ignifyed to the King, that it was hoped His Maje&s;ty would be plea&s;ed to look upon it not only as a Petition for allow|ing the Parliament to &s;it, but likewi&s;e as a Te&s;ti|mony of the Nations concern for the intere&s;t of the <HI>Indian</HI> and <HI>African</HI> Company. To which His Maje&s;ty was Graciou&s;ly plea&s;ed to An&s;wer, <HI>That that would be be&s;t known in Parliament, and that the Parliament could not &s;itt before the</HI> 14th. <HI>of</HI> May <HI>then next en&s;uing, hut that it would &s;itt then:</HI> Or in Words to that effect.</P>
</POSTSCRIPT></CLOSER>
</DIV3>
</DIV2>
<DIV2 TYPE="letter">
<PB N="108" REF="62">
<HEAD>To His Grace His Maje&s;ty's High Commi&s;|mi&s;ioner, and the Right Honourable the E&s;tates of Parliament.</HEAD>
<HEAD TYPE="sub"><HI>The Humble Repre&s;entation and Petition of the Council-General of the Company of</HI> Scotland, <HI>Trading to</HI> Africa <HI>and the</HI> Indies.</HEAD>
<OPENER><SALUTE>May it plea&s;e your Grace, and Right Honourable E&s;tates,</SALUTE></OPENER>
<P>IT is evident by the whole Strain of Three &s;e|veral Acts of Parliament, together with His Maje&s;ty's Letters Patent under the Great Seal of this Kingdom, in favours of the &s;aid Company, That the Wi&s;dom of the King and Right Honourable E&s;tates did intend, that all &s;uch Advantages as might ari&s;e by the e&s;tabli&s;hing of &s;uch a Company, &s;hould be of as univer&s;ally a National Concern as po&s;&s;ible; And in order there|unto, were plea&s;ed to endow it with large Privi|ledges and Immunities, &s;uteable to the Circum|&s;tances of an Infant-Company, and the Great|ne&s;s of its De&s;igns: And le&s;t that it &s;hould fail in the Execution, for want of a &s;ufficient Stock to carry on &s;uch an Undertaking, all imaginable Parliamentary Encouragement was given to Per|&s;ons of all Ranks, Ages and Sexes, both within and without the Kingdom, whether Natives or Foreigners, to become Partners and Adventurers in the Joynt-Stock of the &s;aid Company, as is &s;in|gularly
<PB N="109" REF="62">manife&s;t by the 42d. Act of the 5th Se&s;&s;ion of this current Parliament, e&s;pecially calculated for that end only.</P>
<P>Upon the publick Faith of having due Prote|ction in the enjoyment of the&s;e unque&s;tionable Priviledges and Immunities, as having received their Sanction from His Maje&s;ty. and the unani|mous Suffrage of the great Council of the Nation as afore&s;aid, many Per&s;ons of all Ranks and De|grees were thereby induced to become Adventu|rers in the Joynt-Stock of our &s;aid Company, in in &s;o much that in a very &s;hort time, a much more con&s;iderable Stock was &s;ub&s;crib'd for within this Kingdom, than was ever before &s;o much as pro|pos'd here upon any project what&s;oever, &s;ince we were a Nation:</P>
<P>Being thus entred into a Society, We and our Con&s;tituents have pur&s;uant to the intentions of the Acts of Parliament and Letters Patent above|mention'd, with much care and trouble, and a great Expen&s;e of Trea&s;ure, after having &s;truggled with many unexpected Ob&s;tructions and Difficul|ties &s;etled a Plantation by the Name of <HI>Caledonia,</HI> in one of the mo&s;t Healthful, Fruitfull, natural|ly impregnable, and every way valuable Places in all <HI>America,</HI> as is univer&s;ally acknowledged by all Per'ons of Experience in &s;uch Matters as well as by the General Con&s;ent of &s;uch as have been there: And as a manife&s;t proof thereof tho our &s;aid Plantation be &s;ettled mo&s;t &s;trictly in the terms of the Acts of Parliament and Letters Patent a|bovementioned, yet it has rai&s;ed the Jealou&s;y of &s;ome, and Envy of others, of the mo&s;t knowing and con&s;iderable Trading Nations in <HI>Europe.</HI></P>
<PB N="110" REF="63">
<P>But to our and the Nations great Surpri&s;e, and ine&s;timable Lo&s;s, while we were u&s;ing all ordina|ry means, and big with the hopes of riveting that Settlement upon a la&s;ting Foundation, &s;uch was the further continued Chain of unexpected Ob|&s;tructions and mo&s;t unaccountable Mal-treat|ments that we met with, by Proclamations of a very &s;trange Nature, and otherwi&s;e, that the re|peated Misfortunes following thereupon, put us under an indi&s;pen&s;ible Nece&s;&s;ity of humbly peti|tioning His Maje&s;ty for allowing the Parliament to meet at the day appointed in <HI>November</HI> la&s;t; in full confidence and Expectation of having the mo&s;t natural and cordial A&s;&s;i&s;tance from tho&s;e who have fir&s;t e&s;tabli&s;hed our Company, and pro|mi&s;ed it Protection; e&s;pecially &s;ince all our other Applications have hitherto proved ineffectual: But a meeting of the E&s;tates of Parliament at that time not quadrating (it would &s;eem) with His Maje&s;ty's other Affairs, a very con&s;iderable Body of the Nobility, Gentry and Burge&s;&s;es of this Kingdom, thought fit, in a mo&s;t dutiful and humble manner, by their late Addre&s;s, to repre|&s;ent to His Maje&s;ty, how deeply they were af|fected with the Nations concern in our Compa|ny's repeated Misfortunes, and therefore hum|bly Petitioned for the &s;itting of this Parliament as &s;oon as conveniently might be. And the King having been mo&s;t graciou&s;ly plea&s;ed to order the Meeting of the Right Honourable E&s;tates now in Parliament, We think our &s;elves in all duty bound to give His Grace His Maje&s;ty's High Commi&s;&s;ioner and the Right Honourable the E|&s;tates, a &s;hort and naked Narrative of the &s;everal Ob&s;tructions and Misfortunes that we have been
<PB N="111" REF="63">all along forc'd to grapple with, in the pro&s;ecuti|on of our Company's De&s;igns, to the end that the great Council of the Nation, having a perfect View and full Knowledge of the&s;e Difficulties which we now Labour under, may be the better able to judge how to apply a Remedy.</P>
<P>The fir&s;t attempt for &s;trengthning our Compa|ny's Intere&s;t and Stock was at <HI>London,</HI> where a Sub&s;cription of 300000 <HI>&s;terl.</HI> was procured in Nine days time, without &s;o much as a publick Adver|ti&s;ement, and many knowing Merchants were &s;o far convinc'd of the many Advantages that might probably ari&s;e from &s;uch a Con&s;titution, that they &s;ignified their willingne&s;s to be concer|ned for Triple the Sum, if allowed: But not only did the Parliament of <HI>England</HI> by their Addre&s;s to His Maje&s;ty of the 13th. of <HI>December</HI> 1695. and o|therways, render that Sub&s;cription ineffectual, but the Hou&s;e of Commons did al&s;o appoint a Com|mittee, <HI>to examine what Methods were taken for obtain|ing the Act of Parliament, by which our &s;aid Company is e&s;tabli&s;hed who were the Promoters and Advi&s;ers thereof;</HI> and did afterwards impeach the Nominees in the &s;aid Act of Parliament; notwith&s;tanding the ab&s;olute Independency of this Kingdom.</P>
<P>Yet after all this Di&s;couragement, we went on with our Sub&s;criptions at home, and made our next Effort for &s;trengthning thereof beyond Sea, both in <HI>Holland</HI> and <HI>Hamburgh:</HI> In the fir&s;t of which places many eminent Merchants declared their po&s;itive inclinations to be very con&s;iderably intere&s;ted with us, and gave &s;ome &s;ignal Proofs thereof, till they were made to under&s;tand by Threatnings and other In&s;inuations, that a High|er Power would make them at lea&s;t very unea&s;y,
<PB N="112" REF="64">if they per&s;i&s;ted any further in their Re&s;olutions of being concerned with our Company,</P>
<P>And at <HI>Hamburgh</HI> where we had the mo&s;t pro|mi&s;ing Hopes of foreign A&s;&s;i&s;tance, the <HI>Comercii</HI> or Merchant Company, entred into Contract with our Company's Deputees, to joyn at lea&s;t 200000 <HI>l.Sterl.</HI> to our Company's Stock; but to our great A&s;toni&s;hment, His Maje&s;ty of <HI>Great Brittains</HI> Mini&s;ters there, did under pretence of &s;pe|cial Warrant from the King, put a full &s;top there|to, by giving in <HI>A Memorial to the Burgo-Ma&s;ters &amp; Gentlemen-Councellors of that City wholly di&s;-owning the Authority of the Acts of Parliament, and Letters Patent abovemention'd, &amp; intimating that His Maje&s;ty would regard their entring into Treaties with our Com|pany as an Affront to his Royal Authority, and that he would not fail to re&s;ent it, as having neither Credential Letters, nor being any otherways Authoriz'd by His Ma|jr&s;ty.</HI></P>
<P>Upon notice whereof, we did in all humble Duty Addre&s;s His Maje&s;ty in <HI>June</HI> 1997, for Re|dre&s;s of that open and bold Encroachment, upon not only our, but al&s;o the Nations Rights, in its mo&s;t fundamental Con&s;titution, by endea|vouring to &s;ubvert the Independency of its Parlia|mentary Laws, expre&s;ly contrary to the Law of Nations: All which His Maje&s;ty by his Royal Letter from <HI>Flanders</HI> in <HI>July</HI> 1697, <HI>Promi&s;ed to take into Con&s;ideration, as &s;oon as he would return into</HI> Eng|land, <HI>and that in the mean time, His Maje&s;ty would give Orders to his Mini&s;ters at</HI> Hamburgh, <HI>not to ob|struct our Company in the pro&s;ecution of its Trade with the Inhabitants of that City.</HI></P>
<P>In the full Confidence of His Maje&s;ty's Royal Promi&s;e, we thought our &s;elves &s;ecure and took
<PB N="113" REF="64">our Mea&s;ures accordingly, till to our further &s;ur|prize, we found by &s;everal In&s;tances, that His Maje&s;ty's &s;aid Mini&s;ters were as wickedly bent a|gain&s;t us as ever, and &s;till denying that they had got any &s;uch Orders from His Maje&s;ty: Where|upon the Directors of our Company, did, by their Letter of the 28 of <HI>September</HI> 1697, expo|&s;tulate in the fir&s;t place, with both the then Secre|taries of State, about that further Di&s;-appoint|ment, but having &s;till no Redre&s;s therein, we did in mo&s;t humble and dutiful Manner, by our &s;econd Addre&s;s of the 22d. day of <HI>December</HI> 1697. lay the whole Matter again before His Maje&s;ty; And did likewi&s;e, at the &s;ame time, not only humbly Repre&s;ent the Premi&s;&s;es to His Maje&s;ty's mo&s;t Honourable Privy-Council, to|gether with the train of ill Con&s;equences that mu&s;t nece&s;&s;arly attend &s;uch Treatment, if not pre|vented by an early Redre&s;s; but wrote al&s;o &s;epa|rately to both the Secretaries of State, and &s;uch other Noble Per&s;ons of the Government, as hap|pen'd to be then at <HI>London,</HI> To u&s;e their Joint Intere&s;t, for procuring Ju&s;tice, in a Matter of &s;uch Univer&s;al Concern to the Honour, Inte|re&s;t, and Independency of the whole Kingdom.</P>
<P>All the An&s;wer we obtain'd, was by a Letter of the 17th. of <HI>January</HI> 1698, from both the Secreta|ries of State. <HI>That the King &s;aid, He had already gi|ven Orders to His Re&s;ident at</HI> Hamburgh <HI>in that Mat|ter, conform to his Royal Letter from</HI> Flanders, <HI>in</HI> July 1697, <HI>which was then communicated to the Company.</HI></P>
<P>By which An&s;wer, together with what repeat|ed Advices we had at the &s;ame time from <HI>Ham|burgh,</HI> that the <HI>Engli&s;h</HI> Mini&s;ters there, had &s;till po&s;itively di&s;own'd their having got any &s;uch
<PB N="114" REF="65">Orders, we were put out of all Hopes of having any Redre&s;s, untill we &s;hould have an Opportu|nity of laying the whole Matter before a Meet|ing of the E&s;tates of Parliament.</P>
<P>But in the mean time we proceeded, with all the Strength we had (tho' extremely weak'ned by the Treatment above-narrated) to make the be&s;t Preparations we could (con&s;idering the Scarcity of the&s;e Years) for &s;itting out an Equipage of Ships, Men, Provi&s;ions, and other Nece&s;&s;aries, for &s;ettling a Plantation in <HI>America,</HI> in the Terms of the Acts of Parliament, and Letters Patent a|bove-mention'd: And its evident by the very Con&s;titutions of the Colony, that they were cal|culated more for the general Advantage of the Nation and Po&s;terity, than for the particular and immediate Benefite of the Adventurers.</P>
<P>And the Parliament happening to meet the ve|ry next Day after our Ships had &s;ail'd, we did by our Humble Petition of the 22d. of <HI>July</HI> 1698, Repre&s;ent to his Grace, His Maje&s;ties then High Commi&s;&s;ioner, and the Right Honourable E&s;tates then a&s;&s;embled in Parliament, the Treatment which our Company met with at <HI>London</HI> &amp; <HI>Ham|hurgh</HI> as afore&s;aid, the great Prejudices which we had &s;u&s;tain'd thereby, and the many further In|conveniencies and evil Con&s;equences that mu&s;t nece&s;&s;arly have followed thereupon, if, upon a|ny Account what&s;oever, the Parliament &s;hould happen to neglect the taking immediate Cogni|zance of &s;uch U&s;age.</P>
<P>And the Parliament having thereupon, by their Unanimous Addre&s;s of the 5th. of <HI>Augu&s;t</HI> 1698, to His Maje&s;ty, thought fit to manife&s;t <HI>their own and the whole Nations Concern in that Matter, earne&s;t|ly
<PB N="115" REF="65">entreating, and mo&s;t a&s;&s;uredly expecting, That His Maje&s;ty would in His Royal Wi&s;dom, take &s;uch Mea|&s;ures, as might effectually vindicate the Undoubted Rights and Priviledges of the &s;aid Company, and &s;upport the Credit and interest thereof;</HI> And the Parliament like|wi&s;e, by the &s;ame Addre&s;s, <HI>recommending the Con|cerns of the &s;aid Company to &s;ome &s;pecial Marks of His Maje&s;ties Royal Favour, as that Branch of the Trade of this Kingdom, in which they, and the Nation they re|pre&s;ented, had a more peculiar Intere&s;t;</HI> The Court of Directors of our Company were thereby encou|rag'd to renew their Application to His Maje&s;ty, with relation to the Memorial given in by His Mini&s;ters to the Senate of <HI>Hamburgh,</HI> (the &s;ame being &s;pecially mention'd in the Parliaments Ad|dre&s;s:) And in Con&s;ideration of the Dammages &s;u&s;tain'd by the Company, through Means of that Memorial, the Directors humbly Petition'd, That His Maje&s;ty would be plea&s;ed, for their Encouragement at that time, as a Gracious Mark of His Royal Favour, to be&s;tow upon them the two &s;malle&s;t of the Frigots, then (and to this Hour) lying u&s;ele&s;s in <HI>Brunti&s;land</HI> Harbour.</P>
<P>But our Company having no manner of An|&s;wer to either of the&s;e, and being a&s;&s;ured by &s;eve|ral Letters from <HI>Hamburgh,</HI> That both the <HI>Engli&s;h</HI> Mini&s;ters there, had po&s;itively denyed their ha|ving received any &s;uch Orders, as were long be|fore promi&s;ed, and declared to have been given, with Relation to that Memorial, the Court of Di|rectors of our Company did, by their Letter of the 29th of <HI>November</HI> 1698, tran&s;mit Copies of the &s;aid Letters to the Vi&s;count of <HI>Seafield,</HI> then &s;ole Secretary of State, and entreated his Lord|&s;hip, to procure &s;ome &s;peedy and effectual An&s;wer
<PB N="116" REF="66">from His Maje&s;ty to the Contents of both that Letter. and their former Petition.</P>
<P>The Secretary, by his Letter of the 13th. of <HI>De|cember</HI> 1698, returned for An&s;wet, <HI>That he would take the first convenient Opportunity he could have, to repre&s;ent that Matter to the King, but that he could not expect to have it for &s;ome time, becau&s;e His Maje&s;ty was then very much imployed in the Affairs of his</HI> Engli&s;h <HI>Parliament.</HI></P>
<P>We thereupon waited a full Month in expecta|tion of &s;ome further An&s;wer, but getting none, our Court of Directors did, by a Letter of the 13th of <HI>January</HI> 1699, put the Secretary again in mind of our &s;aid Petition of the preceeding <HI>August,</HI> and Letter of the 29th of <HI>November.</HI></P>
<P>The Secretary by his Letter of the 7th. of <HI>Fe|bruary</HI> 1699, &s;ignified, <HI>That he had pre&s;ented our Com|pany's Petition to His Majesty, and was commanded to let us know, that there being Accounts, that the Ships belonging to the Company were arriv'd upon the Coa&s;t of</HI> America, <HI>and the particular De&s;ign not being commu|nicated to His Majesty, He therefore delayed to give any An&s;wer, until he &s;hould receive certain Information of their Settlement.</HI></P>
<P>Tho' we could not but be &s;urpriz'd to find all our former Addre&s;&s;es and Petitions, about Mat|ters of &s;uch weighty Concern, as are above nar|rated, An&s;wered, after &s;o long delay, only with a &s;eeming Charge, for not having communicated to His Maje&s;ty a thing that was never in the lea&s;t demanded of us, by either the King, Parliament, Privy Council, or Mini&s;ters of State, we being limited to &s;ettle in the Terms of the Acts of Par|liament, as we &s;hould be An&s;werable: Yet upon the very fir&s;t Advice we had of our Colony's
<PB N="117" REF="66">Settlement in <HI>Caledonia,</HI> we by our Letters of the 31&s;t. of <HI>March,</HI> and 1st. of <HI>April</HI> 1699, gave a ve|ry full and dutiful Account thereof to His Maje|&s;ty, and to both the Secretaries of State, together with an Account of the <HI>French</HI> De&s;igns thereabouts and of what Import our &s;aid Settlement (if duly protected) might prove to the Intere&s;t and Se|curity of all His Maje&s;ties Dominions, and refer|red the &s;ame, together with the Contents of our former Petitions, to His Maje&s;ties Royal Con&s;i|deration.</P>
<P>About this time it was, That His Maje&s;ty was plea&s;ed to call the Pre&s;ident of the Se&s;&s;ion, and the Advocat to Court, to the end (as we under|&s;tood) that they, jointly with both the Secreta|ries of State, might in a Conference with &s;eve|ral of the <HI>Engli&s;h</HI> Mini&s;ters, &s;atisfy His Maje&s;ty, as to the Legality of our Company's Settlement: Which (by all that ever we could learn) was then (and otherways &s;ince that time) made clear beyond all manner of Di&s;pute.</P>
<P>But while in the mean time, we were pawn|ing even our own particular Credits, for &s;ending the needful Supplies of Ships, Men, Provi&s;ions, Arms, Ammunition, and other Nece&s;&s;aries, for &s;ecuring &s;o valuable a Settlement to this Nation, we were a&s;toni&s;hed to have Advice. That by Or|ders from <HI>England</HI> in <HI>January</HI> 1699, Proclamati|ons had been emitted, in the Months of <HI>April</HI> and <HI>May,</HI> over all His Maje&s;ties Plantations and Territories in <HI>America,</HI> &s;trictly Intercommuning our Colony, under very &s;evere Penalties to be inflicted on the Contraveeners of the&s;e Procla|mations, <HI>in regard His Majesty</HI> (as the&s;e Procla|mations
<PB N="118" REF="67">narrate) <HI>was unacquainted with the Inten|tions and De&s;igns of the</HI> Scots <HI>&s;ettling at</HI> Darien.</P>
<P>As we humbly con&s;idered the&s;e Proclamations to be &s;uch, as were never before publi&s;hed in tho&s;e parts again&s;t any other People upon Earth, and of &s;o Barbarous a Nature, as we thought, no Good Chri&s;tians would put in Execution, even again&s;t Infidels; So finding our&s;elves unque&s;tio|nably warranted by all Laws Humane and Divine, we per&s;i&s;ted in our Endeavours for mantaining that Settlement, as hoping, that, through means thereof, this Nation might in time, have an Opportunity of rai&s;ing it &s;elf above the open Contempt, Reproach and In&s;ults of its unkind Neighbours, and of propagating the Go&s;pel a|mong&s;t the Ignorant good Natur'd <HI>Indians</HI> of tho&s;e parts.</P>
<P>But before our Recruits could po&s;&s;ibly arrive at <HI>Caledonia,</HI> our Colony got certain Accounts of the&s;e Proclamations, and finding at the &s;ame time; the &s;ad effects thereof, by being denied any the lea&s;t help, either for Goods or Money, at <HI>Jamaica,</HI> from whence they had formerly Sup|plies; and that in the Proclamation i&s;&s;ued by Sir <HI>William Be&s;ton,</HI> Governour of that I&s;land, he had po&s;itively declared. <HI>That by their Settlement in</HI> Darien, <HI>they had actually broken the Peace entred into with His Maje&s;ties Allies</HI> (which they believed he dur&s;t not veuture to have done without a &s;ufficient Warrant) And finding them&s;elves thereby to be of con&s;equence declared Pirates, without any previous Summons or Hearing, contrary to the Cu&s;toms and common U&s;age of all Nations, even in the ca&s;e of real Piracy, and founding a Belief, at the &s;ame time, on the Treatment which they
<PB N="119" REF="67">knew our Company had formerly met with in <HI>Eu|rope,</HI> without being Redre&s;s'd therein, that we were not in a Condition either to &s;upply or protect them, they unhappily took the Alarm, under &s;uch a General Con&s;ternation, as deve&s;ted them not only of all manner of patience to &s;truggle with any Inconveniencies they lay under at the time, but al&s;o of all manner of prudence, in tak|ing any rea&s;onable Mea&s;ures either for their own Security, or for our Company's intere&s;t. In the mid&s;t of which Con&s;u&s;ion tho&s;e of them who had any bad De&s;igns (as we could not well &s;uppo&s;e &s;uch a Number to be free of &s;ome) made u&s;e of the&s;e Proclamations as handies, by which to per|petrate their own &s;everal ends, and ea&s;ily per|&s;waded all the re&s;t to leave the Settlement: Which they unadvi&s;edly did the 20th of <HI>June</HI> la&s;t; And by that means not only have the Ships, Men and Goods, which were there at that time, been ex|po&s;ed to the Arbitrary will of tho&s;e to whom the Execution of tho&s;e Proclamations was given in Charge, but even all our &s;ub&s;equent Mea&s;ures brought into inevitable di&s;order.</P>
<P>Upon Information of all which, we did, by our humble Petition to His Maje&s;ty of the 19th. of <HI>October</HI> 1699, in all humility and earne&s;tne&s;s, beg, <HI>That His Maje&s;ty would in His Fatherly care for the good of our Company in particular, and of the Na|tion in General, be graciou&s;ly plea&s;ed to give &s;pecial Testimonies of his Maje&s;ty's Royal Protection to our Com|pany at that Juncture, and particularly to take off the Force and effect of tho&s;e Proclamations which have been &s;o prejudicial to us, and to &s;ignify his Royal plea&s;ure to the Governours of his Plantations in</HI> America, <HI>that our Colony might be &s;upplied in the common and ordinary way
<PB N="120" REF="68">of Commerce, as tho&s;e of other Nations are; And that in the mean time His Majesty would be graciou&s;ly plea&s;ed to allow the E&s;tates of Parliament to meet at the day ap|pointed in</HI> November <HI>last, or as &s;oon as conveniently may be, to the end that their Advice and A&s;&s;istance might be had in &s;uch a weighty and General Concern.</HI></P>
<P>We likewi&s;e by our humble Addre&s;s to His Ma|je&s;ty's mo&s;t Honourable Privy Council of the 20th of <HI>October</HI> 1699. Repre&s;ented what we thought in duty and prudence nece&s;&s;ary, with relation to the Contents of our &s;aid Petition to his Maje&s;ty, <HI>Humbly referring the whole to their Lord&s;hips mo&s;t &s;eri|ous con&s;ideration, and praying that they would be plea|&s;ed to do us all the good Offices with his Maje&s;ty that they'd think mo&s;t expedient for &s;upporting our Company and Colonys Intere&s;t; and to give him an account of our Company's hard Circum&s;tances, and how much the Ho|nour and Intere&s;t of the Nation &s;tood concern'd therein.</HI></P>
<P>His Maje&s;ty was graciou&s;ly plea&s;ed, by His Royal Letter to us of the 2d. of <HI>November</HI> 1699, to declare that <HI>He did very much regret the Lo&s;s which the Kingdom and the Company had lately &s;u|&s;tain'd, That he would upon all occa&s;ions protect and en|courage the Trade of the Nation. That he would take care that His Subjects of this Kingdom &s;hould have the &s;ame freedom of Trade and Commerce with his</HI> Engli&s;h <HI>Plantations that ever they had formerly, and that he would order the Parliament to meet, when he'd judge that the Good of the Nation would require it.</HI></P>
<P>But, in &s;ome &s;hort time thereafter, while we were &s;olacing our &s;elves with the hopes of hav|ing his Maje&s;ty's protection, not only as a Com|pany e&s;tabli&s;hed by his Royal Authority, with the Advice and Con&s;ent of Parliament; but al&s;o as Subjects, making all the Preparations we could
<PB N="121" REF="68">to &s;end the needful Supplies and Advices to tho&s;e who were la&s;t &s;ent for Repo&s;&s;e&s;&s;ing the &s;ame Settlement: We were further a&s;toni&s;hed to have Advices, that, by &s;econd Orders from <HI>Eng|land,</HI> another Fleece of Proclamations had been emitted, over all the <HI>Engli&s;h</HI> Plantations in <HI>Ameri|ca,</HI> particularly on the 5th. of <HI>September</HI> la&s;t, in <HI>Barhados,</HI> &amp;c. And that in complyance with the intent of the&s;e Proclamations, Our People that went along with the <HI>Ri&s;ing-Sun,</HI> were in <HI>Novem|ber</HI> la&s;t, po&s;itively denied Wood and Water at <HI>Mon&s;erat,</HI> a Priviledge never before denied to a|ny other Nation: And by a Letter of the 29th of <HI>January</HI> la&s;t from the Commander of another of our Company's Ships, we are a&s;&s;ured that they were po&s;itively denied Anchoring at St: <HI>Chri&s;tophers</HI> by the Governour, Colonel <HI>Norton,</HI> who out of his own Mouth declared to the Com|mander of our &s;aid Ship, That he did it by new Orders which he had received about a Month before; altho, at the &s;ame time, two <HI>Dutch</HI> Ships were then Watering there; which we have &s;ince confirmed to us by Letters from Mr. <HI>Daniel Mackay</HI> one of the Councellours of our Colony, dated at <HI>Port-Royal</HI> in <HI>Jamaica</HI> the 13th. of <HI>February</HI> la&s;t: By which Letters, he informs us likewi&s;e, That when he waited upon the Governour of that I&s;land, concerning our Company's Ship the <HI>St. Andrew</HI> lying in that Harbour, The Governour declared to him, That tho the &s;aid Ship were fitted for going to Sea, he would not &s;uffer her to go, without a &s;pecial Order from <HI>England</HI> for that Effect.</P>
<P>We likewi&s;e humbly beg leave to inform Your Grace, and Right Honourable E&s;tates, that a|mong&s;t
<PB N="122" REF="69">our Company's many other Lo&s;&s;es and Mi&s;-fortunes, a Ship called the <HI>Dolphin</HI> loadned with a valuable Cargo, belonging to our Com|pany, &s;truck unfortunately on a Rock, by which &s;he &s;prung a Leak, and being forc'd to run a &s;hore under the Walls of <HI>Carthagena,</HI> to e&s;cape Ship|wrack, the &s;aid Ship and Goods were by the <HI>Spaniards</HI> (His Maje&s;ty's Allies) violently &s;eized and di&s;po&s;ed of as Prize, and the Men al&s;o to the Number of 30 and a Boy, detain'd and made clo&s;e Pri&s;oners, not only contrary to the Law of Nations, (we being then in profound Peace with them) but al&s;o contrary to the expre&s;s Terms of the 10. and 11. Articles of the Treaty conclu|ded at <HI>Madrid</HI> the 2/18 Day of <HI>July</HI> 1670, between the Crowns of <HI>Great Brittain</HI> and <HI>Spain.</HI></P>
<P>By our Dutiful Addre&s;s of the 4th. of <HI>December</HI> 1699, we humbly Petition'd His Maje&s;ty, <HI>That He would be graciou&s;ly plea&s;ed to take tho&s;e Proceedings of the</HI> Spaniards <HI>into His Royal Con&s;ideration, &s;o as that &s;peedy and effectual Mea&s;ures might be taken for the Redre&s;s of tho&s;e Dammages, and the freedom of the&s;e di&s;tre&s;&s;ed Pri&s;oners.</HI></P>
<P>In An&s;wer to which, His Maje&s;ty was graci|ou&s;ly plea&s;ed, by his Royal Letter of the 10th. of <HI>January</HI> la&s;t, to &s;ignify, <HI>That He was re&s;olved in the Terms of the Treaties to demand from the King of</HI> Spain, <HI>that the&s;e Pri&s;oners &s;hould be &s;et at Liberty.</HI></P>
<P>Yet &s;ome of the mo&s;t con&s;iderable of the&s;e Pri&s;oners being tran&s;ported above half a Year ago to Old <HI>Spain,</HI> We have frequent Advices from them by Letters, dated in <HI>Cadiz</HI>-Pri&s;on, That they and all the Crew have been mo&s;t Barbarou&s;ly u&s;ed, and that they them&s;elves are &s;till kept clo&s;e Pri&s;oners, under very &s;evere Treatment; Copies
<PB N="123" REF="69">of which Letters we have &s;ome Months ago tran&s;|mitted to the Secretaries of State.</P>
<P>By all which, it cannot but evidently appear to Your Grace and Right Honourable E&s;tates, that tho' we have all along us'd our be&s;t Endea|vours to wre&s;tle through the&s;e almo&s;t un&s;urmount|able Difficulties, and exerted even our outmo&s;t ef|forts for retrieving our Lo&s;&s;es, as much as po&s;&s;ible by endeavouring to repo&s;&s;e&s;s and mantain &s;o valu|able a Settlement; And tho' we have certain Advices of its being Repo&s;&s;e&s;s'd by our People, and that we have taken all imaginable Mea&s;ures for their pre&s;ent Supply: Yet we have too ju&s;t ground to be fully per&s;waded, That unle&s;s the King and High Court of Parliament, do &s;peedily Support, Protect, and A&s;&s;i&s;t us, in the Pro&s;ecution of our Company's lawful De&s;igns, that all our Pa&s;t, Pre&s;ent, and Future Endeavours mu&s;t, to the Nation's indelible Reproach and Di&s;honour, as well as to its and the Company's un&s;peakable and irreparable Lo&s;s, prove unavoidably abortive.</P>
<P><HI>May it therefore plea&s;e Your Grace and Right Honourable E&s;tates, to take the &s;everal Matters of Fact above-mentioned, into your mo&s;t &s;erious Con&s;ideration; To Vindicate, Support, and Protect us in the Enjoyment of our lawful Priviledges, both as a Company, and as Subjects of this free and independent Kingdom, to take &s;uch Mea&s;ures, as You (in Your pro|found Wi&s;dom) may judge mo&s;t Effectual, for repairing the many Dammages we have
<PB N="124" REF="70">already &s;u&s;tain'd, and for a&s;&s;i&s;ting us in the further Pro&s;ecution of our Company's lawful De&s;igns; but more e&s;pecially, for the maintenance of our ju&s;t Right and Title to the Settlement of</HI> CALEDONIA. <HI>and the Enjoyment of &s;uch Advantages as (if duly Protected) may probably ari&s;e thereby.</HI></P>
<CLOSER><DATELINE>Sign'd at <HI>Edinburgh</HI> <DATE>the 16th. Day of <HI>May</HI> 1700</DATE>. In Name, Pre|&s;ence, and by Warrant of the &s;aid <HI>Council-General</HI> by,</DATELINE>
<SIGNED>MARISCHALL. <HI>I. P. C. G,</HI></SIGNED></CLOSER>
</DIV2>
<DIV2 TYPE="part">
<DIV3 TYPE="part">
<HEAD>To His Grace His Maje&s;ty's High Commi&s;|&s;ioner and the Right Honourable E&s;tates of Parliament,</HEAD>
<HEAD TYPE="sub"><HI>The Humble Addre&s;s and Petition of the Heretors of the Shire of</HI> Haddingtoun.</HEAD>
<P>THat whereas, after a long and Expen&s;ive War, we expected to have injoyed the ble&s;|&s;ings of a happily concluded Peace, by the Re-e&s;tabli&s;hing of our Forreign Trade, Encourage|ment of Home-Manufactures, imploying of the
<PB N="125" REF="70">Poor, in the improvement of our Native product, and the le&s;&s;ening of our publick burdens:</P>
<P>But in&s;tead thereof, to the un&s;peakable Lo&s;s &amp; almo&s;t Ruin of the Nation, we find our Trade abroad &s;en&s;ibly decayed, and our Coin carried out, by the Importation of Commodities from places where ours are prohibited, our Woollen and other Manufactories at home, by the &s;ame means and the Remi&s;ne&s;s of Magi&s;trates, in put|ing the Laws in due Execution, receive not that Encouragement which the Intere&s;t of the Coun|trey requires; whereby our Poor are neither mantain'd nor imploy'd, as they otherways might be, and more e&s;pecially our Company Trading to <HI>Africa</HI> and the <HI>Indies,</HI> meets with &s;o much oppo&s;ition from abroad, and gets &s;o little &s;upport at home, that after &s;o great a Lo&s;s of Men and Expen&s;e of Trea&s;ure, their Sttlement in <HI>Ca|ledonia</HI> may now too probably, a &s;econd time, fall under the &s;ame unlucky Circum&s;tances as at fir&s;t if not prevented.</P>
<P>And yet after all the&s;e hard&s;hips that the Na|tion groans under, numerous Forces are &s;till kept on foot, which occa&s;ions now in time of Peace, heavy and unnece&s;&s;ary Taxes, while our much wealthier Neighbours are Disbanding theirs.</P>
<P>All which Misfortunes and other Calamities, which have of late befallen us, we cannot but look upon as the Effects of the di&s;plea&s;ure of Almighty GOD for the Immoralities that every where abound among&s;t all Ranks and Degrees of Men, to the Di&s;honour of GOD and our Ho|ly Religion, the debauching the Spirits, and corrupting the manners of the People.</P>
<PB N="126" REF="71">
<Q>May it therefore plea&s;e your Grace, and the Right Honourable E&s;tates of Parlia|ment, to take &s;ome effectual Cour&s;e for curbing of Vice, and putting in Executi|on the many laudable Laws for mantain|ing and imploying the Poor, that they may be u&s;eful and not burden&s;ome to the Kingdom; and for the Encouraging our Manufactories at home, and carrying on our Trade abroad with Advantage, to lay on &s;uch Impo&s;itions on the Branches of our Import, as may overballance our Ex|port, and particularly that of <HI>France;</HI> and to a&s;&s;ert the <HI>Indian</HI> and <HI>African</HI> Company's Right to the Colony of <HI>Caledonia,</HI> which has been &amp; &s;till unju&s;tly is called in que&s;tion, and to give &s;uch &s;upport to it as may Encourage the Adventurers to go on with an undertaking which, if vigorou&s;ly pur|&s;ued, may tend &s;o much in the future to the Wealth, Honour and intere&s;t of the Nation, and to relieve our Countrey of a great Number of Forces, every way &s;o unea&s;y to the People, and in lieu thereof to fall upon &s;uch other Methods for &s;ecu|rity of the Peace and &s;upport of the Go|vernment, as may be more for the Intere&s;t of the Kingdom, and more con&s;i&s;tent with the Liberty of the Subject.</Q>
<P><HI>Memorandum,</HI> There were likewi&s;e at the &s;ame time, &s;everal other Addre&s;&s;es and Petitions, both from Shires &amp; Burrows, pre&s;ented &amp; read in Par|liament, needle&s;s to take up roome here as being much after the &s;ame &s;train with that of the Here|tors
<PB N="127" REF="71">of the Shire of <HI>Haddingtoun,</HI> complaining of many general and particular Grievances, and more e&s;pecially of tho&s;e relating to the <HI>Indian</HI> and <HI>African</HI> Company, and its Colony of <HI>Caledonia;</HI> Praying for Redre&s;s thereof, and that the Parlia|ment would be plea&s;ed to Vindicate and A&s;&s;ert its ju&s;t Rights and Priviledges, <HI>&amp;c.</HI> After read|ing of all which, a Motion being made and pre&s;s'd that the Parliament &s;hould make a Re|&s;olve in the following Words, <HI>viz. Re&s;olved, That our Colony of</HI> Caledonia <HI>in</HI> Darien <HI>is a Legal and Rightful Settlement, in the Terms of the Act of Parliament</HI> 1695, <HI>and that the Parliament will mantain and &s;up|port the &s;ame.</HI> His Grace His Maje&s;ty's High Commi&s;&s;ioner was plea&s;ed immediatly to Ad|journ the Parliament for three days, and at their next Meeting, without &s;o much as reading the Minutes of the former diet, Adjourn'd it further for full Twenty Days. Whereupon the Plurali|ty of the Members of Parliament, then pre&s;ent, met that very evening, and &s;ign'd the following Addre&s;s.</P>
<LETTER LANG="eng">
<OPENER><SALUTE>May it plea&s;e your Maje&s;ty,</SALUTE></OPENER>
<P>WE Your Maje&s;ty's mo&s;t Loyal and Dutiful Subjects, the Sub&s;cribing Noblemen, Ba|rons, and Burge&s;&s;es of this Your Antient King|dom of SCOTLAND, Members of the &s;ame Parliament which happily Settled Your Ma|je&s;ty's Government over Us, and has ever &s;ince given continued Proofs of Zeal and Affection to Your Maje&s;ty's Service in the &s;everal Se&s;&s;ions thereof: Do humbly Repre&s;ent to Your Maje|&s;ty, that having according to your Maje&s;ty's Roy|al
<PB N="128" REF="72">Appointment, met together in Parliament, with full Re&s;olution to have proceeded in the like good Intentions, for the Honour and Inte|re&s;t of your Maje&s;ty and People.</P>
<P>It is to Our un&s;peakable Grief and Di&s;ap|pointment, that not only there has been no Re|turn given to the Unanimous Addre&s;s of the la&s;t Se&s;&s;ion of Parliament, Expre&s;&s;ing the whole Na|tion's Concern in the <HI>INDIAN</HI> and <HI>AFRI|CAN</HI> Company: But al&s;o after a Motion made in this Se&s;&s;ion of Parliament for a Re&s;olve, <HI>That Our Colony of</HI> CALEDONIA in DA|RIEN, <HI>is a Legal and Rightful Settlement, in the Terms of the Act of Parliament</HI> 1695. <HI>And that the Parliament would Mantain and Support the &s;ame.</HI> Members beginning to Rea&s;on thereupon, were interrupted by an Adjournment, which We Hum|bly Conceive is not agreeable to the 40 <HI>Act</HI> of the 11th, <HI>Parliament</HI> of <HI>King James</HI> the 6. Where it is promitted, <HI>That nothing &s;hall be done or Com|manded, which might Directly or Indirestly Prejudge the Liberty of free Voting, and Rea&s;oning of the Estates of Parliament, or any of them in all time coming.</HI></P>
<P>And thereafter, by a Sub&s;equent Adjournment, from the Thirtieth day of <HI>May</HI> in&s;tant, to the Twentieth day of <HI>June</HI> next, the Parliament was not permitted to come to any Re&s;olution, in the pre&s;&s;ing Concerns of the Nation; which we cannot think con&s;i&s;tent with that Article of Our Claim of Right. Whereby it is Declared. <HI>That for the Redre&s;s of all Grievances, and for the Amending, Strengthning, and Pre&s;erving of the Laws, Parliaments ought to be frequently called and allowed to
<PB N="129" REF="72">Sit, and the Freedom of Speech and Debate &s;ecured to the Members.</HI></P>
<P>We do therefore in all Humility and Ear|ne&s;tne&s;s, Intreat, That Your Maje&s;ty will be graciou&s;ly plea&s;ed to allow your Par|liament to Meet at the Day to which it is now Adjourned; and to &s;it as long as may be Nece&s;&s;ary, for Redre&s;&s;ing the Grievances of the Nation, A&s;&s;erting its ju&s;t Rights and Priviledges, as well at Home as Abroad, in its Colony of CALEDONIA, and for Enacting &s;uch Lawsas may be for the Advance|ment and Security of Religion, the Ho|nour of your Maje&s;ty, and the true Inte|re&s;t of this Nation. We are</P>
<CLOSER><SALUTE>May it plea&s;e your Maje&s;ty,</SALUTE> <SIGNED>Your Maje&s;ty's mo&s;t Dutiful, most Loyal and mo&s;t Obedient Subjects and Servants.</SIGNED></CLOSER>
</LETTER>
<P>This Addre&s;s was pre&s;ented to His Maje&s;ty at <HI>Ken&s;ington</HI> the 11th. day of <HI>June</HI> 1700. By the Right Honourable the Lord <HI>Ro&s;s</HI> for the Sub&s;cri|bing Noblemen, <HI>James Pringle</HI> of <HI>Torwoodlie</HI> and <HI>William Bennet</HI> younger of <HI>Grubbet</HI> for the Barons, and <HI>Patrick Murray</HI> of <HI>Dollory</HI> for the Burge&s;&s;es, Commi&s;&s;ioners appointed for that end: To whom His Maje&s;ty, upon hearing the &s;ame read, was graciou&s;ly plea&s;ed to &s;ay, <HI>That He would con&s;ider of it.</HI> And, at a &s;econd Audience, the Lord <HI>Ro&s;s,</HI> in Name of the other Commi&s;&s;ioners, Ad|dre&s;sing the King thus.</P>
<PB N="130" REF="73">
<LETTER LANG="eng">
<OPENER><SALUTE>May it plea&s;e your Maje&s;ty,</SALUTE></OPENER>
<P>We are come here by Your Appointment to receive your An&s;wer to the Addre&s;s which we pre&s;ented from the Loyal Members of your Parliament of <HI>Scotland.</HI></P>
</LETTER>
</DIV3>
<DIV3 TYPE="response">
<HEAD>His Maje&s;ty was Graciou&s;ly plea&s;ed to give the following An&s;wer.</HEAD>
<OPENER><SALUTE>Gentlemen,</SALUTE></OPENER>
<P>I <HI>Can give no An&s;wer now to the Petition which you pre&s;ented, but you &s;hall know my intentions in</HI> Scotland.</P>
<P>The&s;e Parliamentary Addre&s;&s;ers finding that the Parliament was yet further Adjourned by Proclamation, and not knowing, it &s;eems, how &s;oon it might be allowed to Sit, They framed the draught of a Second National Addre&s;s to be Sign'd by the &s;everal Shires and Burrows through|out the Kingdom; but while the &s;ame was car|ried on, His Maje&s;ty was graciou&s;ly plea&s;ed to &s;ignify His mind in a <HI>Declaration,</HI> by way of Let|ter, directed to His Grace <HI>James</HI> Duke of <HI>Queen&s;|berry</HI> His Maje&s;ties High Commi&s;&s;ioner, and the Privy Council of <HI>Scotland:</HI> Which Letter was publi&s;hed after the manner of Proclamations; and is as followeth:</P>
<LETTER LANG="eng">
<OPENER><SALUTE>William R.</SALUTE></OPENER>
<P>RIght Tru&s;ty and Intirely Beloved Cou&s;in and Coun&s;ellor, Right Tru&s;ty and Right
<PB N="131" REF="73">well Beloved Cou&s;in &amp; Coun&s;ellor, Right Tru&s;ty and well Beloved Cou&s;ins and Coun&s;ellors, Right Tru&s;ty and well Beloved Coun&s;ellors, and Tru|&s;ty and well Beloved Coun&s;ellors, We Greet you well. We heartily wi&s;h that the la&s;t Meeting of Parliament had proceeded, &s;o as that the Kingdom might have been made partakers of the&s;e Advan|tages for which Our Commi&s;&s;ioner was &s;o fully In&s;tructed: If it had been po&s;&s;ible for Us to have agreed to the <HI>Re&s;olve</HI> offered to A&s;&s;ert the Right of the <HI>African Company's</HI> Colony in <HI>America,</HI> tho that Method had appeared to Us more unnece&s;|&s;ary, yet we had from the beginning readily done it, at the earne&s;t De&s;ire of Our Mini&s;ters, and for Our Peoples Satisfaction, all other Con|&s;iderations &s;et apart. But now that Things are much changed, (wherein We are truly Sorry for the Nation's Lo&s;s) And We being mo&s;t wil|ling to grant what may be needfull for the Re|lief and Ea&s;e of the Kingdom, and the Advance|ment of its Welfare in all its Concerns; We have thought fit to Declare this Our good Mind to be made known to all Our loving Subjects. And for the Company's Concerns, We A&s;&s;ure you, that we will be &s;o ready to concurr with Our Parlia|ment in every thing that can be rea&s;onably ex-expected of Us, for Aiding and Supporting their Intere&s;ts, and Repairing their Lo&s;&s;es, that Our good Subjects &s;hall have ju&s;t grounds to be &s;en&s;i|ble of our heartie Inclinations to advance the Wealth and Pro&s;perity of that our Ancient King|dom. And as for Captain <HI>Pinkerton</HI> and the o|ther Pri&s;oners in <HI>Spain,</HI> We have already, and We hope Effectually Interpo&s;ed for their Libera|tion. In the next place, As We did fully
<PB N="132" REF="74">&s;truct our Commi&s;sioner, So we are &s;till Re&s;olv|ed, to pa&s;s all &s;uch Laws as &s;hall be offered for the better E&s;tabli&s;hing the true Prote&s;tant Reli|gion and the Presbyterian Government of the Church which you at pre&s;ent Enjoy; For the more effectual preventing the growth of Popery ju&s;tly feared, for the Repre&s;sing of Vice and Im|morality, for the Pre&s;erving and Securing the Liberty of Mens Per&s;ons, for the Encouraging and Advancement of Trade and Manfactories, and generally to give Our A&s;&s;ent to &s;uch other Laws as &s;hall be brought in for further clearing and &s;ecuring Mens civil Rights and Properties, promoting the Admini&s;tration of Ju&s;tice, and &s;et|ling the Peace and Quiet of the Kingdom, de|manding nothing on our part, &s;ave what &s;hall be nece&s;&s;ary to mantain that our antient King|dom in &s;o happy a Settlement again&s;t our &amp; their Enemies. And this Declaration, We are confi|dent will be &s;atisfying to all good Men, who will certainly be carefull both of their own Pre|&s;ervation, and of the Intere&s;t and Honour of the Government, and not to &s;uffer them&s;elves to be Mi&s;led, nor to give any Advantage to Enemies and ill de&s;igning Per&s;ons, ready to catch hold of every Opportunity, as their Practices do too manife&s;tly witne&s;s.</P>
<P>Our nece&s;&s;ary Ab&s;ence hath occa&s;ioned the late Adjournments, but as &s;oon as God &s;hall bring Us back, We are firmly Re&s;olved Our Parliament &s;hall Meet, where We do again A&s;&s;ure all Our good Subjects, nothing &s;hall be Wanting on Our part, that may contribute to their Welfare and Happine&s;s. And this Our Re&s;olution and Decla|ration, We Allow you to Publi&s;h for the Satif|faction
<PB N="133" REF="74">of all concerned.</P>
<CLOSER><SALUTE>So We bid you heartily Farewell.</SALUTE>
<DATELINE><HI>Given at Our Court at</HI> Loo, <DATE><HI>the</HI> 26th. <HI>day of</HI> July 1700. <HI>And of Our Reign the</HI> 12th <HI>year.</HI></DATE></DATELINE>
<SIGNED>By His Maje&s;ties Command RO. PRINGLE</SIGNED></CLOSER>
</LETTER>
</DIV3>
<DIV3 TYPE="letter">
<HEAD>Here follows the la&s;t National Addre&s;s former|ly mention'd.</HEAD>
<OPENER><SALUTE>May it plea&s;e your Maje&s;ty,</SALUTE></OPENER>
<P>WE Noblemen, Barons, Gentlemen, Bur|ge&s;&s;es, and other Sub&s;cribers, your Maje&s;ty's mo&s;t Dutiful Subjects of this your An|tient Kingdom of <HI>Scotland,</HI> having formerly from an unfeigned Zeal to your Maje&s;ty's Service, and to the Good and Welfare of our Countrey Petition'd your Maje&s;ty for a Meeting of the E&s;tates in Parliament, in order to Support, and A&s;&s;i&s;t our Company Trading to <HI>Africa</HI> and the <HI>Indies,</HI> which the Parliament had, by their Un|animous Addre&s;s to your Maje&s;ty of the 5th. of <HI>Augu&s;t</HI> 1698, declared to be their own and the whole Nation's peculiar Concern; And your Maje&s;ty having been graciou&s;ly plea&s;ed to allow the Parliament to Meet on the 21th. of <HI>May</HI> la&s;t, whereby all your good Subjects could not but con|ceive &s;uitable hopes of its happy i&s;&s;ue, for the Honour and Intere&s;t of your Maje&s;ty and People, Do now beg leave to expre&s;s our deep Con|cern &amp; Sorrow for the unexpected Adjournment thereof, without being permitted to do any thing
<PB N="134" REF="75">towards the wi&s;h'd for end of its Meeting; And do in all humble manner concurr with the duti|full Addre&s;s lately pre&s;ented to your Maje&s;ty, from the Plurality of the Members of Parliament, Repre&s;enting the Inconveniencies and prejudi|ces ari&s;ing to the pre&s;&s;ing Concerns of the Na|tion, from that Adjournment, and to the Rights and Liberties of Parliament, from the manner of it: And it is our Unexpre&s;&s;ible Regret, that your Maje&s;ty does &s;eem to have been pre|vail'd upon by the Mi&s; repre&s;entations of evil Councellours to i&s;&s;ue out Proclamations, further Adjourning the Parliament, from time to time, whil&s;t not only did our &s;aid Company &s;tand extremely in need of the Countenance Support and Protection promis'd to it by your Maje&s;ty in Parliament, and more e&s;pecially upon the Misfortunes that have of late befallen it by the &s;ucce&s;s of Enemies again&s;t its Colony of <HI>Cale|donia,</HI> but whil&s;t al&s;o even the Nation it &s;elf did, and &s;till does, remain under the pre&s;&s;ure of &s;uch Grievances as can only be Redre&s;s'd in Parlia|ment.</P>
<P>And to the end that your Maje&s;ty may have a ju&s;t view thereof, we humbly beg leave to repre|&s;ent to your Maje&s;ty how indi&s;pen&s;ibly nece&s;&s;a|ry it is, THAT the Prote&s;tant Religon be &s;ecu|red again&s;t the growth of Popery, Immorality and Profanene&s;s; THAT the Freedom and In|dependency of this Antient Kingdom, and the Nation's Right and Title to <HI>Caledonia,</HI> as holding of your Maje&s;ty's Crown of <HI>Scotland,</HI> be A&s;&s;erted and Supported; THAT the good inclinations of your Maje&s;ty and Succe&s;&s;ors Kings of <HI>Scotland</HI> be pre&s;erved from Foreign Influence, as well as
<PB N="135" REF="75">from the Mi&s;-repre&s;entations and Pernicious Coun&s;els of Unnatural Countrey-Men; THAT the frequency and &s;itting of Parliaments be &s;ecu|red and a&s;certain'd, pur&s;uant to the Claim of Right; THAT dangerous Influences upon the freedom of Parliaments, either by Gratuities, Pen&s;ions, or Farms of any branch of the Revenue and the di&s;po&s;ing of any part of the Revenue or annexed Property of the Crown, otherways than according to Law, for the nece&s;&s;ary &s;up|port of the Government, be prevented; THAT the publick-Credit be re&s;tored, and an enquiry made into the Application of the Funds laid on, and appropriated by Parliament, for &s;upport of the Government and payment of the Army; THAT the Security of the Nation, and Gover|nment, be &s;ettled in a duly regulated National Force, in &s;tead of a &s;tanding Army, &s;o burden|&s;ome to the Countrey, and dangerous to its Li|berties; THAT the manner of applying the Secu|rity, which we have by our Claim of Right, for the Per&s;onal freedom of the Subject, again&s;t long and Arbitrary Impri&s;onment, as well as again&s;t Pur&s;utes upon old and ob&s;olete Laws, be &s;pecial|ly declared; THAT the Trade of this Nation be Encouraged &amp; Advanced, by duly regulating its Export and Import, by di&s;charging prejudicial Branches thereof, by fixing the value of our cur-Money, by encouraging Manufactories, by im|ploying the Poor, and more e&s;pecially by Coun|tenancing and A&s;&s;i&s;ting our &s;aid Company, in the Pro&s;ecution of its lawful Undertakings; And THAT all &s;uch Articles of Grievances pre&s;ented to your Maje&s;ty by the E&s;tates of this Kingdom in the Year 1689 as have not yet been Redre&s;s'd, to|gether
<PB N="136" REF="76">with &s;uch other Grievances as the Parlia|ment &s;hall, at the Meeting thereof, find the Na|tion aggrieved with, be Redre&s;s'd in Parliament.</P>
<P>And your Maje&s;ty having by your Royal Let|ter, of the 24 of <HI>May</HI> 1689, been graciou&s;ly plea|&s;ed to declare, and give full a&s;&s;urance to our Re|pre&s;entatives in that meeting of the E&s;tates, which &s;ettled the Crown and Royal Dignity of this Realm on your Maje&s;ty, <HI>That we &s;hould always find your Maje&s;ty ready to Protect us, and to A&s;&s;i&s;t the E&s;tates in making &s;uch Laws, as might &s;ecure our Re|ligion, Liberties and Properties, and prevent or Redre&s;s what&s;oever might be ju&s;tly grievous to us; That your Maje&s;ty would never believe that the true intere&s;t of your People and the Crown could be oppo&s;ite; and that your Maje&s;ty would always account it your greate&s;t Prerogative to a&s;sent to &s;uch Laws as might promote Truth, Peace, and Wealth in Your Kingdom.</HI> We do therefore reckon it our duty, humbly to de&s;ire and a&s;&s;uredly expect, that your Maje&s;ty will be graciou&s;ly plea&s;ed to &s;atisfy the longing de&s;ires, and earne&s;t Expectations of your People, by al|lowing your Parliament to meet, as &s;oon as po&s;&s;i|ble; and when mett, to &s;it till they fully delibe|rate upon, and come to &s;olid Re&s;olutions in the great and weighty Concerns of the Nation, and grant &s;uch In&s;tructions to your Commi&s;&s;ioner, as may impower him to pa&s;s &s;uch Acts, as the great Council of the Nation &s;hall think mo&s;t conducive to the true Honour of your Maje&s;ty and Govern|ment, the welfare of this Realm, both as to its Religious and Civil Intere&s;t, and to the full quieting the Minds of all your Maje&s;ty's good People.</P>
<PB N="137" REF="76">
<P>This Addre&s;s was pre&s;ented to His Maje&s;ty at <HI>Hampton-Court.</HI> the 16th. day of <HI>November</HI> 1700. By the Right Honourable the Lord <HI>Ye&s;ter,</HI> Sir <HI>John Pringle</HI> of <HI>Stitchell,</HI> and Sir <HI>Peter Wedderburn</HI> of <HI>Gosford</HI> Baronets, Commi&s;&s;ioners appointed for that end. And upon pre&s;enting thereof, the Lord <HI>Ye&s;ter,</HI> in Name of the re&s;t, Addre&s;s'd the King thus,</P>
<LETTER LANG="eng">
<OPENER><SALUTE>Sir,</SALUTE></OPENER>
<P>We are come here to pre&s;ent an Addre&s;s to your Maje&s;ty Sign'd by a great Number of your Maje&s;ty's Loyal Subjects in <HI>Scotland,</HI> who have no other de&s;ign in it, but your Ma|je&s;ty's true Honour, and the welfare of their Native Countrey; which we de&s;ire your Ma|je&s;ty would be plea&s;ed to hear read.</P>
</LETTER>
</DIV3>
<DIV3 TYPE="response">
<HEAD>His Maje&s;ty, after having heard the Addre&s;s read, was Graciou&s;ly plea&s;ed to give the following An&s;wer.</HEAD>
<OPENER><SALUTE>Gentlemen,</SALUTE></OPENER>
<P><HI>I Can not take further notice of this Addre&s;s, &s;eing the Parliament is now met, and I have made a Declaration of my Mind for the good of my People, wherewith I hope all my faithfull Subjects will be &s;ati&s;|fied.</HI></P>
<P>Here I mu&s;t beg pardon, for having omitted the late Addre&s;s of the Hou&s;e of Lords in <HI>Eng|land,</HI> concerning the Endeavours of the <HI>Scots</HI> for having &s;ettled a Colony at <HI>Darien,</HI> and His Ma|je&s;ty's An&s;wer thereunto; both which ought, ac|cording
<PB N="138" REF="77">to order of time, to have been placed at Page 105 but rather than rob the Reader of having the benefit thereof, it was thought fit to in&s;ert them here, and they are as followeth,</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<DIV3 TYPE="letter">
<HEAD><HI>The Humble Addre&s;s of the Lords,</HI> &amp;c. <HI>pre&s;en|ted to His Maje&s;ty the</HI> 12th. <HI>day of</HI> Februa|ry 1700.</HEAD>
<Q><P>VVE the Lords Spiritual and Temporal in Parliament A&s;&s;embled, being ac|cording to our duty &s;olicitous for the pre&s;erva|tion &amp; Encrea&s;e of the Trade of this Kingdom, on which the Support of your Maje&s;ties Great|ne&s;s and Honour &s;o much depends, as well as the Security and Defence of your People, have been very apprehen&s;ive, that the &s;teps lately made towards a Settlement of your Subjects of the Kingdom of <HI>Scotland</HI> at <HI>Darien,</HI> may tend to the great prejudice of this Nation, and po&s;&s;ibly to the di&s;turbance of that Peace and good Corre&s;pondence with the Crown of <HI>Spain,</HI> which we conceive is very Advanta|gious to us all: We have therefore taken the &s;ame into our &s;erious con&s;ideration, as a matter of the greate&s;t Importance, and proper to be laid before your Maje&s;ty, as the common Fa|ther of both Countries. And as we are truly &s;en&s;ible of great Lo&s;&s;es our Neighbour King|dom hath &s;u&s;tained, both by Men and Trea&s;ure, in their Expeditions to that place, which we very heartily lament, &s;o we &s;hould not en|deavour by any Interpo&s;ition of Ours, to de|feat
<PB N="139" REF="77">the Hopes they may &s;till entertain of reco|vering the&s;e Lo&s;&s;es by their further engaging in that de&s;ign, but that we judge &s;uch a Pro|&s;ecution on their parts mu&s;t end not only in far greater Di&s;appointments to them&s;elves, but at the &s;ame time prove very inconvenient to the Trade, and quiet of this Kingdom.</P>
<P>On this occa&s;ion we humbly pre&s;ume to put your Maje&s;ty in mind of the Addre&s;s of both Hou&s;es of Parliament, pre&s;ented to your Maje&s;ty on the 17th. of <HI>December</HI> 1695. In the clo&s;e of which Addre&s;s your Maje&s;ty will &s;ee the Unanimous Sen&s;e of this Kingdom in re|lation to any Settlement the SCOTS might make in the <HI>We&s;t-Indies,</HI> by vertue of an Act of Parliament pa&s;t about that time in the King|dom of <HI>Scotland,</HI> which was the occa&s;ion of the Addre&s;s.</P>
<P>And we humbly repre&s;ent to your Maje&s;ty, that having received Information of &s;ome Or|ders your Maje&s;ty had &s;ent to the Governours of the Plantations on this Subject, the Hou&s;e did, on the 18th. of <HI>January</HI> la&s;t, come this Re&s;olu|tion, That your Maje&s;ty's plea&s;ure &s;ignified to the Governours of the Plantations, in Relation to the <HI>Scots</HI> Settlement at DARIEN, was agreeable to the Addre&s;s of both Hou&s;es of Parliament, pre&s;ented to your Maje&s;ty on the 17th. of <HI>December</HI> 1695.</P>
<P>And on the 18th. of this in&s;tant <HI>February,</HI> this Hou&s;e came to this further Re&s;olution, <HI>That the Settlement of the</HI> Scots <HI>Colony at</HI> DARIEN <HI>is incon&s;istent with the good of the Plantation Trade of this Kingdom.</HI></P>
<PB N="140" REF="78">
<P>All which we humbly hope your Maje&s;ty will take into your Royal Con&s;ideration, and we are confident that your Maje&s;ty cannot be thought too partial to the Addre&s;s of this Hou&s;e, if your Maje&s;ty &s;hall in the fir&s;t place con&s;ider the Advantage and Good of the Trade of this Kingdom, by the Pre&s;ervation and Improve|ment of which, both the&s;e Kingdoms, and all your other Dominions, mu&s;t on all occa&s;ions principally be defended.</P></Q>
<TAILNOTE>
<P>It is remarkable that this Addre&s;s was carried only by Four or Five Votes, and that the Hou&s;e of Commons ab&s;olutely refu&s;ed to concur with it, and that about Sixteen Peers entred their Prote&s;ts again&s;t it.</P>
</TAILNOTE>
</DIV3>
<DIV3 TYPE="response">
<HEAD><HI>His Maje&s;ties mo&s;t Gracious An&s;wer to the Ad|dre&s;s was to this effect,</HI> Viz.</HEAD>
<Q><P>HIS Maje&s;ty having received a very duti|full Addre&s;s from the Hou&s;e of Peers, in relation to the Endeavours lately u&s;ed by &s;ome of His Maje&s;ties Subjects of the Kingdom of <HI>Scotland</HI> towards making a Settlement at DA|RIEN, in which they humbly repre&s;ent to him their Opinion, <HI>That &s;uch a Settlement is incon&s;i&s;tent with the good of the Plantation-Trade of this Kingdom:</HI> Is plea&s;ed to let the Hou&s;e know, That he will always have a very great regard to their Opinion; And to a&s;&s;ure them, that he will never be wanting, by all proper means, to promote the Advantage and Good of the Trade of <HI>England.</HI> At the &s;ame
<PB N="141" REF="78">time His Maje&s;ty is plea&s;ed to declare, that he cannot but have a great Concern and Ten|derne&s;s for his Kingdom of <HI>Scotland,</HI> and a de|&s;ire to advance their Well-fare and Pro&s;perity, &amp; is very &s;en&s;ibly touched with the lo&s;s His Sub|jects of that Kingdom have &s;u&s;tained by their late unhappy Expeditions, in order to a Settle|ment at DARIEN. His Maje&s;ty does ap|prehend that Difficulties may too often ari&s;e, with re&s;pect to the different Intere&s;t of Trade, between his two Kingdoms, unle&s;s &s;ome way be found out to unite them more nearly and compleatly: And therefore His Maje&s;ty takes this opportunity of putting the Hou&s;e of Peers in mind of what he recommended to his Par|liament, &s;oon after his Acce&s;&s;ion to the Throne, That they would con&s;ider of an Union be|tween the two Kingdoms. His Maje&s;ty is of opinion, That nothing would more contri|bute to the &s;ecurity and happine&s;s of both Kingdoms; and is inclined to hope, that after they have lived near 100 years under the &s;ame Head, &s;ome happy Expediment may be found for making them one people, in ca&s;e a Trea|ty were &s;et on Foot for that purpo&s;e; And therefore he does very earne&s;tly recommend this Matter to the Con&s;ideration of the Hou&s;e.</P>
<P>It is likeways remarkable that when the Hou&s;e of Lords fram'd and pa&s;t a Bill of Union pur|&s;uant to His Maje&s;ty's &s;aid An&s;wer, The Hou&s;e of Commons rejected the &s;ame from Motives which I &s;hall not pre&s;ume to mention, the &s;ame being already very well known to all tho&s;e who know any thing of that Matter.</P></Q>
</DIV3>
</DIV2>
<DIV2 TYPE="letter">
<PB N="142" REF="79">
<HEAD>To His Grace, His Maje&s;ty's High Commi&s;&s;io|ner, and the Right Honourable the E&s;tates of Parliament.</HEAD>
<HEAD TYPE="sub">The humble Repre&s;entation and Petition of the Council-General of the Company of <HI>Scotland</HI> Trading to <HI>Africa</HI> and the <HI>Indies.</HI></HEAD>
<OPENER><SALUTE>May it plea&s;e your Grace &amp; Right Honourable E&s;tates,</SALUTE></OPENER>
<P>WHEREAS, By our former Petition, of the 16th of <HI>May</HI> la&s;t, we laid a Repre&s;entation of the then Cir|cum&s;tances of our Company's Affairs, before your Grace and Right Honourable E&s;tates: Which be|ing once read, and nothing done thereupon, we now humbly intreat, that the &s;ame, &s;till lying in the Clerks Hands, may, at this time, be again read &amp; con&s;idered in Parliament: And do further Repre&s;ent, That, &s;ince that time, we have the Melancholly A&s;&s;urance of what we then feared from the con&s;tant Cour&s;e of our Di&s;couragements, that the Governour of <HI>Carthagena,</HI> for the King of <HI>Spain,</HI> His Maje&s;ty's Ally, has, from the Unneigh|bourly In&s;tignation of tho&s;e, from whom we ought more rea&s;onably to have expected A&s;&s;i&s;tance, been encouraged to make an Attempt for di&s;po|&s;&s;e&s;&s;ing our Colony of <HI>Caledonia;</HI> And in order thereunto, Blockaded them up by Sea, &amp; attacked them by Land, in the time of profound peace, and that &s;ome of our &s;aid Colony being too ea&s;ily frighten'd, by their Apprehen&s;ions of tho&s;e evil Con&s;equences that they thought mu&s;t nece&s;&s;arly
<PB N="143" REF="79">have attended the many Di&s;couragements, and want of Protection which we labour'd under all along, have unwarrantably taken upon them the Power to &s;urrender our Company's &s;aid Settle|ment to the <HI>Spaniards,</HI> to the un&s;peakable Lo&s;s and great Di&s;honour of the Nation, and that the <HI>We&s;t-India</HI> Proclamations, mention'd in our for|mer Petition, being &s;till as much in force and rigorou&s;ly executed, as ever, again&s;t us, we could not all this time, nor cannot as yet, ex|pect the Liberty even of carrying off our Ships, that are lying peri&s;hing at <HI>Port-Royal</HI> in <HI>Jamaica,</HI> and <HI>Amboy-Perth</HI> in <HI>Ea&s;t-Jer&s;ey</HI> without your Interpo&s;ition on our Company's behalf, for pro|curing to us Warrants from His Maje&s;ty, directed to the re&s;pective Governours of tho&s;e Parts for that effect; e&s;pecially &s;ince the Governour of <HI>Ja|maica</HI> has, at &s;everal times, and to &s;everal Per|&s;ons, declared, That he will not part with our Company's Ship the <HI>Saint-Andrew,</HI> without a &s;pecial warrant from <HI>England,</HI> and that all our Solicitations to the Secretaries of State for that end, have hitherto proved ineffectual. And we cannot but likewi&s;e Repre&s;ent to your Grace and Right Honourable E&s;tates, how that the want of due Protection to our Company all along, and the continued Tract of Encroach|ments upon its Priviledges Abroad, without any Redre&s;s therein, has encouraged &s;ome Per&s;ons to break in upon the Priviledges of our Company even at Home.</P>
<P>MAY it therefore Plea&s;e Your Grace and Right Honourable E&s;tates, to take the Contents of this, and our former Petiti|on above-mention'd into your mo&s;t &s;eri|ous
<PB N="144" REF="80" MS="y">Con&s;ideration, to take &s;uch effectual Mea&s;ures, as in your Profound Wi&s;dom, you &s;hall think fit, for A&s;&s;erting and Vin|dicating our Company's Rights, both a|broad and at home, for enabling it to pro|&s;ecute its lawful Undertakings, for procur|ing Reparation from the <HI>Spaniards</HI> and others, for the Dammages &s;u&s;tained, and for preventing the like Encroachments for the future.</P>
<CLOSER><DATELINE><HI>Signed at</HI> Edinburgh <DATE><HI>the</HI> 28th <HI>day of</HI> Octo|ber 1700,</DATE> <HI>in Name, Pre&s;ence, and by Warrant of the &s;aid Council-General, By</HI></DATELINE>
<SIGNED><HI>JOHN SCHAW.</HI> I.P.C.G.</SIGNED></CLOSER>
</DIV2>
<TRAILER>FINIS.
<Q><L><HI>Non &s;olum ferit uncis cornibus ho&s;tem,</HI></L>
<L><HI>Verum etiam instanti lae&s;a repugnat ovis.</HI> <BIBL>Prop.</BIBL></L></Q></TRAILER>
</DIV1>
</BODY>
<BACK>
<DIV1 TYPE="table of contents">
<PB REF="80">
<HEAD>THE CONTENTS.</HEAD>
<LIST>
<ITEM>THe Act of Parliament e&s;tabli&s;hing a Compa|ny Trading to <HI>Africa</HI> and the <HI>Indies.</HI> the 26th. of <HI>June</HI> 1695.</ITEM>
<ITEM>The Parliament of <HI>England</HI>'s Addre&s;s to His Maje&s;ty concerning the &s;aid Act the 13th. of <HI>December</HI> and pre&s;ented the 17th. <HI>Ditto.</HI> 1695, p. 1.</ITEM>
<ITEM>His Maje&s;ty's mo&s;t gracious An&s;wer to that Addre&s;s. p, 3.</ITEM>
<ITEM>A Memorial given in to the Senate of <HI>Hamburgh</HI> by Sir <HI>Paul Rycaut</HI> Re&s;ident for his Maje&s;ty in that City, and Mr. <HI>Cre&s;&s;et</HI> His Maje&s;ty's Envoy extraordinary at the Courts of <HI>Lunenburgh,</HI> again&s;t the Company. the 7th. of <HI>April</HI> 1697. p. 4.</ITEM>
<ITEM>The An&s;wer. p. 6.</ITEM>
<ITEM>A Memorial given in thereupon to the Senate of that City by the Company's Deputees the 9th. of <HI>April</HI> 1697. Ibid.</ITEM>
<ITEM>What was done thereupon. p. 7.</ITEM>
<ITEM>The Humble Addre&s;s of the Council-General of the Company of <HI>Scotland</HI> Trading to <HI>Africa</HI> and the <HI>Indies,</HI> to His Maje&s;ty upon that occa&s;ion. the 28th of <HI>June</HI> 1697. Ibid.</ITEM>
<ITEM>His Maje&s;ty's An&s;wer to that Addre&s;s. the 2d. of <HI>Augu&s;t</HI> 1697. p. 11</ITEM>
<ITEM>A Letter of Expo&s;tulation from the Directors of the Company to the Secretaries of State. the 28th. of <HI>September</HI> 1697. Ibid.</ITEM>
<PB REF="81">
<ITEM>The humble Addre&s;s of the Council-General of the Company to His Maje&s;ty. the 22d. day of <HI>December</HI> 1697. p. 14.</ITEM>
<ITEM>The humble Repre&s;entation of the Council-General of the Company to His Maje&s;ty's mo&s;t Honourable Privy Council. the 22d. day of <HI>December</HI> 1697. p. 16.</ITEM>
<ITEM>A Letter from the Council-General of the Company to His Grace the Duke of <HI>Queensberry.</HI> the 25th. day of <HI>December</HI> 1697. p. 19.</ITEM>
<ITEM>A Letter from both the Secretaries of State, in An&s;wer to the Council-General of the Company's Second Addre&s;s to His Maje&s;ty. <HI>January</HI> the 17th. 1698. p. 20,</ITEM>
<ITEM>The humble Petition of the Council-General of the Company to His Grace His Maje&s;ty's High Commi&s;&s;ioner, and the Right Honourable the E&s;tates of Parliament. the 22th. of <HI>July</HI> 1698. p. 21.</ITEM>
<ITEM>The Parliament of <HI>Scotland</HI>'s Addre&s;s to His Maje&s;ty in relation to the <HI>Hamburgh</HI>-Memorial and the other Contents of that Petition. The 28th. of <HI>Augu&s;t</HI> 1698. p. 26.</ITEM>
<ITEM>The humble Petition of the Court of Directors of the Company to His Maje&s;ty, the 16th. day of <HI>Augu&s;t</HI> 1698, in pur&s;uance of the Parliament's, Addre&s;s. p. 27.</ITEM>
<ITEM>A Letter from Mr. <HI>Steven&s;on</HI> the Company's Agent at <HI>Hamburgh</HI> to the Court of Directors of the Company the 4th. of <HI>October</HI> 1698, con|cerning the <HI>Hamburgh</HI>-Memorial, <HI>&amp;c.</HI> p. 29.</ITEM>
<ITEM>A Letter from <HI>Ditto,</HI> the 18th. of <HI>October</HI> 1698. p. 30.</ITEM>
<ITEM>A Letter from the Court of Directors of the Company to the Right Honourable the Vi&s;count of
<PB REF="81"><HI>Seafield</HI> Secretary of State, the 29th. of <HI>Novem|ber</HI> 1698, relative to the former Letters. p. 31.</ITEM>
<ITEM>The Secretaries An&s;wer, the 13th. of <HI>December</HI> 1698. p. 32.</ITEM>
<ITEM>A Letter from the Court of Directors of the Company in An&s;wer to the Secretary of State <HI>January</HI> 13th. 1699. p. 33.</ITEM>
<ITEM>A Letter from the Secretary of State the 17th. of <HI>February</HI> 1699, in An&s;wer to the Company's Petition of the 16th of the preceeding <HI>Augu&s;t.</HI> p. 34</ITEM>
<ITEM>A Letter from the Council-General of the Company to His Maje&s;ty, giving an Account of the Colony's Arrival and Settlement at <HI>Darien,</HI> and of the <HI>French</HI> De&s;igns upon that Coa&s;t. the 31th. of <HI>March</HI> 1699. Ibid.</ITEM>
<ITEM>A Letter from the Court of Directors to the Secretaries of State, the 1&s;t. of <HI>April</HI> 1699, enlarging on the Contents of the preceeding Let|ter to the King. p. 36.</ITEM>
<ITEM>A Memorial pre&s;ented to the King of <HI>Great Brittain</HI> by the Amba&s;&s;adour Extraordinary of <HI>Spain</HI> again&s;t the <HI>Scots</HI> Settlement at <HI>Darien,</HI> the 3d. of <HI>May</HI> 1699. p. 40</ITEM>
<ITEM>The fir&s;t Memorial pre&s;ented to his Maje&s;ty, by the Lord Pre&s;ident of the Se&s;sion and Lord Advocat, on behalf of the Company, and a&s;|&s;erting the legality of their Settlement in <HI>Darien</HI> the of <HI>May.</HI> 1699. p. 41.</ITEM>
<ITEM>A Second Memorial by <HI>Ditto.</HI> p. 51</ITEM>
<ITEM>A Third Memorial by <HI>Ditto.</HI> p. 54.</ITEM>
<ITEM>A Memorandum concerning the <HI>Spani&s;h</HI> and <HI>French</HI> Amba&s;&s;adours at the Court of <HI>England,</HI> in <HI>September</HI> 1699. p. 74.</ITEM>
<PB REF="82">
<ITEM>The Council of <HI>Caledonia</HI>'s Addre&s;s to His Ma|je&s;ty, delivered to the Secretaries of State the of <HI>September</HI> 1699. Ibid.</ITEM>
<ITEM>A Proclamation by the Governour of <HI>Jamai|ca</HI> again&s;t the Company and Colony. the 8th. of <HI>April</HI> 1699. p. 77.</ITEM>
<ITEM>A Proclamation by the Governour of <HI>Barba|dos</HI> again&s;t <HI>Ditto.</HI> the 13th. of <HI>April</HI> 1699. p 78.</ITEM>
<ITEM>A Proclamation by the Governour of <HI>New-York</HI> again&s;t <HI>Ditto</HI> the 15th. of <HI>May</HI> 1699. p. 79.</ITEM>
<ITEM>A Proclamation by <HI>Ditto</HI> as Governour of <HI>New-England</HI> again&s;t <HI>Ditto.</HI> the 3d. of <HI>June</HI> 1699. p. 81.</ITEM>
<ITEM>A Second Proclamation by the Governour of <HI>Barbados</HI> again&s;t <HI>Ditto</HI> the 5th. of <HI>September</HI> 1699. p. 83.</ITEM>
<ITEM>The Council-General of the Company's Pe|tition to His Maje&s;ty concerning tho&s;e Proclama|tions, &amp;c. the 19th. of <HI>October</HI> 1699. p. 84</ITEM>
<ITEM>His Maje&s;ty's An&s;wer. The 2d. of <HI>November</HI> 1699. p. 87,</ITEM>
<ITEM>The humble Addre&s;s of the Council-General of the Company to His Maje&s;ty's mo&s;t Honou|rable Privy Council, upon that occa&s;ion. The 20th. of <HI>October</HI> 1699. p. 88.</ITEM>
<ITEM>A Letter from the Council-General of the Company to the Secretaries of State, concerning their humble Addre&s;s to the King, with relation to Captain <HI>Pinkerton,</HI> &amp;c. the 4th. of <HI>December</HI> 1699. p. 91.</ITEM>
<ITEM>The humble Addre&s;s of the Council-General of the Company to his Maje&s;ty concerning Captain <HI>Robert Pinkarton</HI> &amp;c. The 4th. of <HI>December</HI> 1699. p. 92.</ITEM>
<PB REF="82">
<ITEM>A Letter from my Lord Chancellor to the Di|rectors of the Company the 4th. of <HI>January</HI> 1700. p. 96</ITEM>
<ITEM>A Letter from the Directors to each of the Se|cretaries of State, the 9th. of <HI>January</HI> 1700. con|cerning the Lord Chancellours &s;aid Letter. p. 97.</ITEM>
<ITEM>A Letter from the Directors of the Company to Lord <HI>Ba&s;il Hamilton</HI> concerning the Premi&s;&s;es, the 9th. of <HI>January,</HI> 1700. p. 98.</ITEM>
<ITEM>His Maje&s;ty's An&s;wer to the Company's Ad|dre&s;s by a Letter to His Privy Council of <HI>Scot|land,</HI> the 10th. of <HI>January</HI> 1700. p. 100</ITEM>
<ITEM>Another Letter from the Council-General of the Company to Lord <HI>Ba&s;il Hamilton</HI> the 29th. of <HI>January</HI> 1700. p. 102</ITEM>
<ITEM>A Proclamation anent Petitioning. The 18th. of <HI>December</HI> 1699. p. 103.</ITEM>
<ITEM>The humble Addre&s;s of the <HI>Engli&s;h</HI> Hou&s;e of Lords again&s;t the Company's Settling a Colony at <HI>Darien</HI> pre&s;ented to His Maje&s;ty, the 12th. of <HI>February</HI> 1700. p. 138.</ITEM>
<ITEM>His Maje&s;ty's mo&s;t gracious An&s;wer to that Addre&s;s. p. 140</ITEM>
<ITEM>The fir&s;t National Addre&s;s Petitioning that His Maje&s;ty would be graciou&s;ly plea&s;ed to al|low the Parliament of <HI>Scotland</HI> to meet, <HI>&amp;c.</HI> pre&s;ented to His Maje&s;ty, the 25th. of <HI>March</HI> 1700. p. 105</ITEM>
<ITEM>His Maje&s;ty's mo&s;t Gracious An&s;wer. p. 107.</ITEM>
<ITEM>The humble Repre&s;entation and Petition of the Company to His Grace His Maje&s;ty's High Commi&s;&s;ioner, and the Right Honourable E&s;tates of Parliament, the 16th. of <HI>May</HI> 1700. p. 108</ITEM>
<PB REF="83">
<ITEM>The humble Addre&s;s and Petition of the Here|tors of the Shire of <HI>Haddingtoun</HI> pre&s;ented and read in Parliament the 27th. of <HI>May</HI> 1700. p. 124</ITEM>
<ITEM>The heads of &s;everal Addre&s;&s;es from other Shires and Burghs, which were likewi&s;e read in Parliament at the &s;ame time. p. 126.</ITEM>
<ITEM>An humble Addre&s;s to His Maje&s;ty, from the Plurality of the Members of Parliament, then pre&s;ent, concerning the manner of Adjourning the Parliament, pre&s;ented to His Maje&s;ty the 11th. of <HI>June</HI> 1700. p. 127.</ITEM>
<ITEM>His Maje&s;ty's mo&s;t Gracious An&s;wer.</ITEM>
<ITEM>His Maje&s;ty's mo&s;t Gracious Declaration, by way of Letter, directed to His Grace the King's High Commi&s;&s;ioner, and the Privy Council of <HI>Scotland.</HI> Given at <HI>Loo</HI> the 26th of <HI>July</HI> 1700, and publi&s;hed after the manner of Proclama|tions. Ibid.</ITEM>
<ITEM>The la&s;t National Addre&s;s pre&s;ented to His Maje&s;ty, the 16th. of <HI>November</HI> 1700. p. 133</ITEM>
<ITEM>His Maje&s;ty's mo&s;t Gracious An&s;wer. p. 137</ITEM>
<ITEM>The humble Repre&s;entation and Petition of the Council-General of the Company to His Grace His Maje&s;ty's High Commi&s;&s;ioner, and the Right Honourable E&s;tates of Parliament. the 28th. of <HI>October</HI> 1700. p. 142.</ITEM>
</LIST>
<TRAILER>FINIS.</TRAILER>
</DIV1>
<DIV1 TYPE="printer's advertisment">
<PB REF="83">
<HEAD>A CATALOGUE of the &s;everal Books and Pamphlets that have been hitherto Pub|li&s;hed, concerning the <HI>Indian</HI> and <HI>African</HI> Com|pany of <HI>Scotland,</HI> &s;et down according to Or|der of time, for the Information of the Curious.</HEAD>
<P N="1">1. <HI>A Letter from a Member of the Parliament of</HI> Scotland <HI>to his Friend at</HI> London, <HI>&s;hew|ing the rea&s;onablene&s;s of that Act by which the Com|pany is e&s;tabli&s;hed.</HI> Printed 1695:</P>
<P N="2">2. <HI>Some &s;ea&s;onable and mode&s;t Thoughts,</HI> &amp;c. <HI>hum|bly offered to</HI> R. H. <HI>a Member of the Hou&s;e of Com|mons of</HI> England. 1696.</P>
<P N="3">3. <HI>A Letter from a Gentleman in the Countrey to his Friend at</HI> Edinburgh. 1696.</P>
<P N="4">4. <HI>A Letter from a Merchant in</HI> Am&s;terdam <HI>to his Friend at</HI> Hamburgh <HI>concerning the De&s;igns of the</HI> Scot Indian <HI>Company,</HI> 1697.</P>
<P N="5">5. <HI>Some Ob&s;ervations on it, in a Letter from</HI> Ham|burgh <HI>by way of An&s;wer to it.</HI> 1697.</P>
<P N="6">6. <HI>A Letter from the Commi&s;&s;ion of the General A&s;|&s;embly of the Church of</HI> Scotland, <HI>to the Council and Colony of</HI> Caledonia. 1699.</P>
<P N="7">7. <HI>A Defence of the</HI> Scots <HI>Settlement at</HI> Darien, &amp;c. 1699.</P>
<P N="8">8. <HI>A &s;hort and impartial view of the manner and occa&s;ion of the</HI> Scots <HI>Colony's coming away from</HI> Da|rien. 1699.</P>
<P N="9">9. <HI>A Defence of the</HI> Scots <HI>Abdicating</HI> Darien, &amp;c. <HI>Written by</HI> Hero&s;tratus Junior, <HI>alias</HI> Harris. 1700.</P>
<P N="10">10. <HI>A ju&s;t and mode&s;t Vindication of the</HI> Scots <HI>de|&s;ign for the having e&s;tabli&s;hed a Coloney at</HI> Darien, <HI>&amp;c. with a Prefatory confutation of</HI> Harris.</P>
<P N="11">11. <HI>An Enquiry into the Cau&s;es of the Mi&s;carriage of the</HI> Scots <HI>Colony at</HI> Darien, <HI>containing a full An|&s;wer to</HI> Harris<HI>'s Libel.</HI> 1700.</P>
<PB REF="84">
<P N="12">12. <HI>A &s;hort Vindication of the Defence of the</HI> Scots <HI>Abdicating</HI> Darien, <HI>&amp;c.</HI> 1700.</P>
<P N="13">13. Scotland<HI>'s pre&s;ent Duty: Or a Call to the No|bility, Gentry, Mini&s;try,</HI> &amp;c. 1700.</P>
<P N="14">14. Scotland<HI>'s Grievances with relation to</HI> Darien, <HI>&amp;c. humbly offered to the con&s;ideration of the Parlia|ment.</HI> 1700.</P>
<P N="15">15. <HI>A full and exact Collection of all the con&s;idera|ble Addre&s;&s;es, Memorials, Petitions, An&s;wers, Pro|clamations, Declarations, Letters and other publick Papers, relating to the Company of</HI> Scotland <HI>Trading to</HI> Africa <HI>and the</HI> Indies, <HI>&s;ince the pa&s;&s;ing of the Act of Parliament, by which it was establi&s;hed in</HI> June 1695, <HI>till</HI> November 1700</P>
<P>&rindx; <HI>Nota,</HI> The 4th. 9th. and 12th. Pamphlets of this Catalogue are written again&s;t the Company, and all the re&s;t for it, except the la&s;t, which con&s;i&s;ts of a Collection of &s;everal publick Papers of diffe|rent kinds upon the &s;ame Subject, promi&s;cuou&s;ly gathered by an impartial hand.</P>
<P><HI>Contraria juxta &s;e po&s;ita clarius eluce&s;cunt.</HI></P>
<PB REF="84">
</DIV1>
</BACK>
</TEXT>
</EEBO>
</ETS>
