Indian Prince but that Defence was look'd upon as a Jest and it was not for that Reason that he was acquitted It is Answered There was indeed a Treaty in the Year 1670 concerning America in particular whereby it was provided That the King of Brittain should have hold and enjoy for ever with full Right of Sovereignty Dominion and Property all those Lands Regions Islands Colonies and Places whatsoever situated in the West-Indics or any part of America which the said King and his Subjects did then hold and possess From which Article the Spaniards would infer that all the rest of America was lost by the King of Brittain as a Right and Dominion of Spain because that Spain ratifies the Possession obtained by the King of Brittain and there is not a mutual Ratification of the Possession of the King of Spain This Article can bear no such Inference for 1. The King of Brittain and his Subjects did not then nor do they now in the least question the Possessions of the King of Spain and his Subjects but the King of Spain did very much question the Right of the King of Brittain to several of his American Plantations not only upon the general Ground of an Universal Title to all the West-Indies which no European Prince will bear but likewise upon particular Claims that the English had beat out the Spaniards and enjoyed what had been once possess'd by them in several places And the former Treaties with Spain especialy that in the Year 1667 were only general establshing a perpetual Peace betwixt the Dominions and Teritories of Brittain and these of Spain But the Question remaining anent the Right and Dominion of these American Settlements to which the King of Spain did lay still a Claim The Treaty 1670 did renounce his Claim to the Colonies in the English Possession but did determine nothing as to those parts of America which were never Possess'd by the Spaniard or Brittish and if it had been intended that the Right of Spain to all America that was not possess'd by some other European Prince should be asserted and declared the same would not have been left to such remote conjectures but would have been specially express'd 2. The whole Tenor of that Treaty does sufficiently clear that no such thing was intended as to presuppose much less to assert the Right of Spain beyond actual possession For by the Second Article of the Treaty it is provided That there be an Universal Peace in America as in other parts of the World between the Kings of Great Brittain and Spain and between the Kingdoms States Plantations Colonies Forts Cities Islands and Dominions belonging to either of them and between the People and Inhabitants under their respective Obedience This Article in the Treaty relating to America only doth clearly demonstrate that both Kings were set upon an equal foot and did Treat for themselves and the People and Inhabitants under their respective Obedience and no further so that all matters were left untouched that did concern parts not Inhabited or possess'd by Natives who were never under obedience to either Prince nor would the Treaty have been for Plantations Colonies Forts c. equally and mutually if either King had pretended an universal Title or Right beyond Possession 3. The Eight Article doth yet further clear that the King of Spain had no Universal Claim but according to his Possession which Article provides that the Subjects Inhabitants and Mariners of the Dominions of each Confederate shall forbear to Sail to or Trade in the Ports and Havens which are fortified with Castles Magazines or Ware-Houses and in all other Places whatsoever possess'd by the other Party in the West Indies To wit the Subjects of Brittain shall not Sail into and Trade in the Havens and Places which the Catholick King holds in the Indies nor in like manner shall the Subjects of the King of Spain Sail into c. This Clause is plainly restrictive upon the King of Spain That the Subjects of the King of Brittain shall not Trade into these places of the Indies which belong to Spain for thereby it presupposes that Spain has no Universal Title and it s left free to the King of Brittains Subjects to Sail into and Trade in all Ports and Havens which have no Fortifications Castles Magazines or Ware-Houses Possess'd by the King of Spain and consequently it was lawful to have Sailed to and Traded with the Darien Indians where the King of Spain had no Fortifications Castles Magazines or Ware-Houses nor can clear any manner of Possession and if they might Trade with the Indians it must be acknowledg'd they might Settle among them It 's also provided by the Tenth Article that in case the Ships of either Party be forced by stress of Weather or otherwise into the Rivers Creeks Bays or Ports belonging to the other in America they shall be treated there with all Humanity and Kindness Which Article states both Kings again upon an equal foot and mentions the Right of both as restrictive to particular Rivers Creeks Bays c. in America as if neither Party claimed Universal Title over all The 15th Article of the said Treaty provides that the same shall in nothing derogate from any preheminency Right or Dominion of any Confederate in the American Seas Channels or Waters but that they have and retain the same in as full and ample manner as may of right belong unto them providing always that the Liberty of Navigation ought in no manner to be disturbed This Artiele relates to certain Preheminencies and Priviledges claim'd by Spain in the American Sea which by the Treaty was not yeilded but left in the same state as formerly and if the King of Spain had pretended to an Universal Right over all America in so far as is not possess'd by other European Princes why was he more carefull to preserve his Claim of Sovereignty in the Seas and forgot his Dominion upon the main Land There can be no other reason for it but because there was no such thing in prospect as appears by the whole Tenor of the Treaty Nothing hath been alledged in behalf of Spain to make any disparity betwixt all the Settlements that have been made in America by the Subjects of the King of Brittain or other Princes except the Treaty 1670 Which when duly considered makes no disparity at all For albeit the Possession of the King of Brittains Subjects be thereby confirmed yet it will not be acknowledg'd by the King of Great Brittain or any other Prince that the Settlements made by their Subjects were illegal or violent untill confirmed by the King of Spain and all Nations who have Planted there must sustain and justify the Scots Settlement or acknowledge that the Settlement of their own Subjects were injurious to the Right of Spain It is not nor can be denyed that the Dariens have been at frequent War with Spain altho they pretend that the Dariens were rather Rebels than Enemies
His Majesty doth further Ordain Letters Patent to be expede hereupon containing the whole Premisses under the great Seal of this Kingdom for doing whereof Per Saltum Thir presents shall be sufficient warrand both to the Director and chancellor or Keeper of the Great Seal as use is 〈◊〉 like cases Extracted furth of the Records of Parliament by TARBAT Cls. Regist THE HUMBLE ADDRESS OF THE Right Honourable the Lords Spiritual and Temporal and Commons in Parliament Assembled Die Veneris 13. Decembris 1695. WE the Lords Spiritual and Temporal and Commons in Parliament Assembled having taken into our Consideration the State of the Trade of this Kingdom Do find That besides many other Disadvantages and Difficulties it now lies under An Act of Parliament that hath lately Received Your Majesty's Royal Assent in Your Kingdom of Scotland for Erecting a Company Trading to Africa and the Indies is likely to bring many great Prejudices and Mischiefs to all Your Majesty's Subjects that are concerned in the Wealth or Trade of this Nation And therefore in all Duty to Your Majesty and the Care we ought to have of this Kingdom We do humbly Represent to Your Majesty that the said Act does provide That all Ships Vessels Merchandize Goods and other Effects whatsoever belonging to that Company shall be free from all manner of Restraints or Prohibitions and of all Customs Taxes Cesses Supplies or other Duties Imposed or to be Imposed by Act of Parliament or otherways for the space of One and Twenty Years And further That the said Company Whole Members Officers Servants or others belonging thereto shall be free both in their Persons Estates and Goods Employed in the said Stock and Trade from all manner of Taxes Cesses Supplies Excises Quartring of Soldiers Transient or Local or Levying of Soldiers or other Impositions during the space of One and Twenty Years By reason of which great Advantages granted to the Scots East-India Company and the Duties and Difficulties that lie upon that Trade in England a great part of the Stock and Shipping of this Nation will be carried thither and by this Means Scotland be made a free Port for all East-India Commodities and consequently those several Places in Europe which were Supplyed from England will be Furnished from thence much Cheaper than can be done by the English And therefore this Nation will lose the Benefit of Supplying Foreign Parts with those Commodities which hath always been a great Article in the Ballance of our Forreign Trade Moreover the said Commodities will unavoidably be brought by the Scots into England by Stealth both by Sea and Land to the vast Prejudice of the English Trade and Navigation and to the great Detriment of Your Majesty in Your Customs And when once that Nation shall have settled themselves in Plantations in America our Commerce in Tobacco Sugar Cotton Wool Skins Masts c. will be utterly lost because the Priviledges of that Nation granted to them by this Act are such That that Kingdom must be the Magazine for all those Commodities and the English Plantations and the Traffick thereof lost to us and Exportation of our own Manufactures Yearly Decreased Besides these and many other Obstructions that this Act will unavoidably bring to the General Trade of this Nation Another Clause in the said Act whereby your Majesty Promises to Interpose your Authority to have Restitution Reparation and Satisfaction made for any Damage that may be done to any of the Ships Goods Merchandize Persons or other Effects whatsoever belonging to the said Company and that upon the Publick Charge Does seem to Engage your Majesty to Employ the Shipping and Strength at Sea of this Nation to Support this New Company to the great Detriment even of this Kingdom All which great Prejudices Inconveniencies and Mischiefs arising by the said Act We in all Duty and Faithfulness lay before Your Majesty MATTH JOHNSON Cleric ' Parliamentor His Majesty's most Gracious Answer I Have been ill served in Scotland but I hope some Remedies may be found to prevent the Inconveniencies which may arise from this Act. A MEMORIAL Given in to the Senate of the City of Hamburgh in French faithfully Translated into English To their Magnificences the Burgo-Masters and to the Gentlemen-Councellors of this City of Hamburgh WE the Subscribers Ministers of His Majesty The King of Great Britain have upon the Arrival of Commissioners from an Indian-Company in SCOTLAND Represented at two several Times to your Magnificences and Lordships from the King our Master That His Majesty understanding that the said Commissioners Endeavoured to open to themselves a Commerce and Trade in these Parts by making some Convention or Treaty with this City had Commanded us most expresly to Notify to your Magnificences and Lordships That if you enter into such Conventions with privat Men His Subjects who have neither Credential Letters nor are any other ways Authorized by His Majesty That His Majesty would Regard such Proceedings as an Affront to His Royal Authority And that He would not fail to Resent it Your Magnificences and Lordships had the Goodness to Answer us thereto by your Deputy that you would no way enter into Commerce with the afore-mentioned Commissioners nor Encourage them in any sort Notwithstanding whereof We the Subscribers do see with Displeasure That without any Regard to the Remonstrances made by us in the Name of His Majesty the Inhabitants of this City forbear not to make Conventions and Treaties with the said Commissioners who dare even Erect a Publick-Office to receive Subscriptions as appears by the annexed Print And it is not very Credible That Strangers could so openly Enterprize Matters of such Importance without being Supported by this Government Wherefore We make our Just Complaints thereof to your Magnificences and Lordships Beseeching you in the Name of the King our Master to remedy in time that which is begun and to do it so Effectually as to prevent any Consequences it may have capable to disturb the Friendship and good Correspondence which we would Cultivat between England and the City of Hamburgh We wait your Magnificences and Lordships Answer in Writing to be transmitted to His Majesty our Master And we are Done at Hamburgh the 7th of April 1697. Your Magnificences and Lordships most humble Servants CRESSET His Britannick Majesties Envoy Extraordinary at the Courts of Lunenburgh and his Plenipotentiary at the Treaty of Pinenberg The Knight RYCAUT Resident for His Majesty the King of Great-Britain in the City of Hamburgh Which Memorial was immediatly transmitted by the Senate to the Commercii or Body of Merchants of that City who happening to be then met in their own Hall did upon Perusal thereof give the following Answer WE look upon it as a very strange thing That the King of Britain should offer to hinder us who are a Free People to Trade with whom we please But are amazed to think That he would hinder us from Joyning with his own Subjects in Scotland
Adventurers in the Joynt-Stock of the said Company as is singularly manifest by the 42d Act of the 5th Session of this current Parliament especially calculated for that end only Upon the publick Faith of having due Protection in the enjoyment of these unquestionable Priviledges and Immunities as having received their Sanction from His Majesty and the unanimous Suffrage of the great Council of the Nation as aforesaid many Persons of all Ranks and Degrees were thereby induced to become Adventurers in the Joynt-Stock of our said Company in in so much that in a very short time a much more considerable Stock was subscrib'd for within this Kingdom than was ever before so much as propos'd here upon any project whatsoever since we were a Nation Being thus entred into a Society We and our Constituents have pursuant to the intentions of the Acts of Parliament and Letters Patent above-mention'd with much care and trouble and a great Expense of Treasure after having struggled with many unexpected Obstructions and Difficulties setled a Plantation by the Name of Caledonia in one of the most Healthful Fruitfull naturally impregnable and every way valuable Places in all America as is universally acknowledged by all Per'ons of Experience in such Matters as well as by the General Consent of such as have been there And as a manifest proof thereof tho our said Plantation be settled most strictly in the terms of the Acts of Parliament and Letters Patent abovementioned yet it has raised the Jealousy of some and Envy of others of the most knowing and considerable Trading Nations in Europe But to our and the Nations great Surprise and inestimable Loss while we were using all ordinary means and big with the hopes of riveting that Settlement upon a lasting Foundation such was the further continued Chain of unexpected Obstructions and most unaccountable Mal-treatments that we met with by Proclamations of a very strange Nature and otherwise that the repeated Misfortunes following thereupon put us under an indispensible Necessity of humbly petitioning His Majesty for allowing the Parliament to meet at the day appointed in November last in full confidence and Expectation of having the most natural and cordial Assistance from those who have first established our Company and promised it Protection especially since all our other Applications have hitherto proved ineffectual But a meeting of the Estates of Parliament at that time not quadrating it would seem with His Majesty's other Affairs a very considerable Body of the Nobility Gentry and Burgesses of this Kingdom thought fit in a most dutiful and humble manner by their late Address to represent to His Majesty how deeply they were affected with the Nations concern in our Company 's repeated Misfortunes and therefore humbly Petitioned for the sitting of this Parliament as soon as conveniently might be And the King having been most graciously pleased to order the Meeting of the Right Honourable Estates now in Parliament We think our selves in all duty bound to give His Grace His Majesty's High Commissioner and the Right Honourable the Estates a short and naked Narrative of the several Obstructions and Misfortunes that we have been all along forc'd to grapple with in the prosecution of our Company 's Designs to the end that the great Council of the Nation having a perfect View and full Knowledge of these Difficulties which we now Labour under may be the better able to judge how to apply a Remedy The first attempt for strengthning our Company 's Interest and Stock was at London where a Subscription of 300000 sterl was procured in Nine days time without so much as a publick Advertisement and many knowing Merchants were so far convinc'd of the many Advantages that might probably arise from such a Constitution that they signified their willingness to be concerned for Triple the Sum if allowed But not only did the Parliament of England by their Address to His Majesty of the 13th of December 1695. and otherways render that Subscription ineffectual but the House of Commons did also appoint a Committee to examine what Methods were taken for obtaining the Act of Parliament by which our said Company is established who were the Promoters and Advisers thereof and did afterwards impeach the Nominees in the said Act of Parliament notwithstanding the absolute Independency of this Kingdom Yet after all this Discouragement we went on with our Subscriptions at home and made our next Effort for strengthning thereof beyond Sea both in Holland and Hamburgh In the first of which places many eminent Merchants declared their positive inclinations to be very considerably interested with us and gave some signal Proofs thereof till they were made to understand by Threatnings and other Insinuations that a Higher Power would make them at least very uneasy if they persisted any further in their Resolutions of being concerned with our Company And at Hamburgh where we had the most promising Hopes of foreign Assistance the Comercii or Merchant Company entred into Contract with our Company 's Deputees to joyn at least 200000 l. Sterl to our Company 's Stock but to our great Astonishment His Majesty of Great Brittains Ministers there did under pretence of special Warrant from the King put a full stop thereto by giving in A Memorial to the Burgo-Masters Gentlemen-Councellors of that City wholly dis-owning the Authority of the Acts of Parliament and Letters Patent abovemention'd intimating that His Majesty would regard their entring into Treaties with our Company as an Affront to his Royal Authority and that he would not fail to resent it as having neither Credential Letters nor being any otherways Authoriz'd by His Majrsty Upon notice whereof we did in all humble Duty Address His Majesty in June 1997 for Redress of that open and bold Encroachment upon not only our but also the Nations Rights in its most fundamental Constitution by endeavouring to subvert the Independency of its Parliamentary Laws expresly contrary to the Law of Nations All which His Majesty by his Royal Letter from Flanders in July 1697 Promised to take into Consideration as soon as he would return into England and that in the mean time His Majesty would give Orders to his Ministers at Hamburgh not to obstruct our Company in the prosecution of its Trade with the Inhabitants of that City In the full Confidence of His Majesty's Royal Promise we thought our selves secure and took our Measures accordingly till to our further surprize we found by several Instances that His Majesty's said Ministers were as wickedly bent against us as ever and still denying that they had got any such Orders from His Majesty Whereupon the Directors of our Company did by their Letter of the 28 of September 1697 expostulate in the first place with both the then Secretaries of State about that further Dis-appointment but having still no Redress therein we did in most humble and dutiful Manner by our second Address of the 22d day of December 1697. lay the whole Matter again
to whom he had lately given such large Priviledges by so Solemn an Act of Parliament Upon Notice of all which the Company 's Deputees went immediatly to the Senate and gave in a short Memorial in French which being faithfully Translated is as followeth Noble and Venerable Lords WE the Subscribers Deputees and Directors of the Indian and African Company of the Kingdom of Scotland Understanding that the Gentlemen His Majesty of Great Britain's Ministers here have presented a Memorial to your Lordships in which they seem to quarrel the Powers which have been granted to us by His Majesty and the Parliament of Scotland to make Treaties of Commerce with any Foreign Potentate Prince or State not in War with His Majesty the King our Soveraign for Enlarging the Trade and for the better Establishment of our said Company We pray your Lordships That you would be pleased to Communicat the said Memorial to us that we may take Measures accordingly Hamburgh the 9th day of April 1697. Your Lordships most humble and obedient Servants Jo. Erskine Jo. Haldan Will. Paterson The Senate thereupon recommended the Deputees above-nam'd to the Commercii in whose Hands the Memorial lay who gave them a Copy thereof Doubles of which were by the said Deputees dispatched to both the Secretaries of State for Scotland and to the Court of Directors of the Company And in the mean time the Merchants to assert their own Freedom and Priviledges Sign'd for considerable Sums in the Company 's Books But with a Condition to be void if the Company did not procure some Declaration from the King that might render them secure from the Threatnings and other Insinuations contain'd in the said Memorial To the Kings most Excellent Majesty The Humble Address of the Council-General of the Company of Scotland Trading to Africa and the Indies May it please Your Majesty WHereas By the 32d Act of the 4th Session and by the 8th Act of the 5th Session of Your Majesties current Parliament as well as by Your Majesties Patent under the Great Seal of this Kingdom this Company is Established with such Ample Priviledges as were thought most proper for encouraging both Natives and Forreigners to Joyn in the Carrying on Supporting and Advancement of our Trade The most Considerable of the Nobility Gentry Merchants and whole Body of the Royal Burrows have upon the Inducement and Publick Faith of Your Majesties said Acts of Parliament and Letters Patent contributed as Adventurers in raising a far more considerable Joynt-Stock than any was ever before rais'd in this Kingdom for any Publick Undertaking or Project of Trade whatsoever which makes it now of so much the more Universal a Concern to the Nation And for the better Enabling us to Accomplish the Ends of Your Majesties said Acts of Parliament and Letters Patent we have in Pursuance thereunto appointed certain Deputees of our own Number to Transact and Negotiat our necessary Affairs beyond Sea And at the same time to Treat with such Forreigners of any Nation in Amity with Your Majesty as might be inclinable to Joyn with us for the Purposes aforesaid In the Prosecution of which Commission to our said Deputees Vested with full Power and Authority according to Law we are not a little surpriz'd to find to the great Hindrance and Obstruction of our Affairs That Your Majesties Envoy to the Courts of Lunenburgh and Resident at Hamburgh have under Pretence of special Warrant from Your Majesty given in a Joint-Subscribed Memorial to the Senate of Hamburgh expresly Invading the Priviledges granted to our Company by your Majesty's said Acts of Parliament and Letsers Patent as by the herewith transmitted Copy may appear By the which Memorial we sustain great and manifest Prejudices fince both the Senate and Inhabitants of the said City of Hamburgh are thereby contrary to the Law of Nations expresly threatned with your Majesty's high Displeasure if they or either of them should countenance or joyn with us in any Treaty of Trade or Commerce whatsoever which deprives us of the Assistance which we had reason to expect from several Inhabitants of that City For Redress whereof we do in all Duty and Humility Apply to your Majesty not only for the Protection and Mantenance of our Priviledges and Freedom of Trade but also for Reparation of Damnages conform to your Majesty's said Acts of Parliament and Letters Patent And do further beg leave to Represent to your Majesty That tho by the said Act of Parliament and Letters Patent we conceive our selves legally and sufficiently Authorized to Treat even with any Sovereign Potentate or Estate in Amity with your Majesty for the Support and Advancement of our Trade yet we by our said Deputees have only treated with particular and private Merchants of the said City of Hamburgh without ever making any the least Proposal to the Senate thereof And this we humbly conceiv to be the natural Right and Priviledge of all Merchants whatsoever even tho we had wanted the Sanction of so Solemn Laws And without some speedy Redress be had therein not only this Company but also all other individual Merchants of this Kingdom must from hence forward conclude That all our Rights and Freedom of Trade are and may be further by our Neighbours violently wrested out of our Hands We therefore to prevent the further evil Consequences of the said Memorial to our Company in particular do make our most Humble and Earnest Request to your Majesty that you would be Graciously pleased to grant us such Declaration as in your Royal Wisdom you shall think fit to render the Senate and Inhabitants of the said City of Hamburgh and all others that are or may be concern'd secure from the Threatings and other Suggestions contain'd in the said Memorial as well as to render us secure under your Majesty's Protection in the full prosecution of our Trade and free enjoyment of our lawful Rights Priviledges and Immunities contain'd in your Majesty's Acts of Parliament and Letters Patent above-mentioned Signed at Edinburgh the Twenty Eight Day of June 1697 in Name Presence and by Order of the said Council-General by May it please your Majesty Your Majesties most Faithful most Dutiful most Humble and most Obedient Subject and Servant YESTER P. Memorandum That the Council-General of the Company did at the same time come to a Resolution of Representing the Premisses likewise to His Majesties most Honourable Privy Council but were afterwards prevailed upon to supersede that Resolution at the Secretaries of State 's earnest Desire they being both then here and upon their joint Engagement to procure a speedy Answer from his Majesty The King's Answer to the said Address By the Right Honourable John Earl of Tullibardin c. and Sir James Ogilvy Knight Principal Secretaries of State My Lords and Gentlemen WE are impowered by the King to signify unto you That as soon as His Majesty shall Return to England he will take into Consideration what you have Represented unto him
Parliament together with His Majesty's Letters Patent under the Great Seal of this Kingdom our Company is establish'd with such ample Priviledges and Immunities as were thought most proper for encouraging both Natives and Foreigners to joyn in the carrying on supporting and advancement of our Trade We have in pursuance and upon the publick Faith thereof not only contributed at home a far more considerable Joint-Stock than was ever before raised in this Nation for any publick Undertaking or Project of Trade whatsoever but have also had all the promising Hopes and Prospect of Foreign Aid that our Hearts could wish till to our great Surprize the English Ministers at Hamburgh have under Pretence of Special Warrant from his Majesty put a stop thereto by giving in a Memorial to the Senate of that City threatning both Senate and Inhabitants with the King 's utmost Displeasure if they should countenance or joyn with us in any Treaty of Trade or Commerce As by the annexed Copy thereof may appear Upon due Consideration whereof we have in all Duty and Humility address'd His Majesty in June last for Redress thereof In answer to which Address His Majesty was then graciously pleased to signifie by his Royal Letter That upon His return into England He would take into Consideration the Contents of our said Address And that in the mean time He would give Orders to His said Ministers at Hamburgh not to make use of His Royal Name or Authorty for obstructing the Trade of our Company with the Inhabitants of that City In the full Assurance of which we rested secure and took our Measures accordingly till to our further Surprize and unspeakable Prejudice we found by repeated Advices from Hamburgh that the said Resident continues still Contumacious and is so far from giving due obedience to His Majesty's said Order that upon Application made to him by our Agent in that City with all the Respect due to his Character he declared That as yet he had got no such Order on our behalf Which by a further Address we are now to lay before His Majesty But whereas we humbly conceive your Lordships to be more immediatly under His Majesty the Guardians of the Laws and Liberties of this Kingdom we think it our Duty to represent to your Lordships the Consequences of the said Memorial both with relation to our Company in particular and the Priviledges Interest Honour Dignity and Reputation of the Nation in general Your Lordships very well know of what Concern the Success of this Company is to the whole Kingdom and that scarce any particular Society or Corporation within the same can justly boast of so unanimous a Suffrage or Sanction as the Acts of Parliament by which this Company is established So that if effectual measures be not taken for putting an early stop to such an open and violent Infringement of and Encroachment upon the Priviledges of so solemn a Constitution 't is hard to guess how far it may in after Ages be made use of as a Precedent for invading and overturning even the very Fundamental Rights Natural Liberties indisputable Independency of this Kingdom which by the now open and frequent Practises of our unkind Neighbours seem to be too shreudly pointed at And should this Company wherein the most considerable of the Nobility Gentry Merchants and whole Body of the Royal Boroughs are concern'd be so unhappy which God forbid as to have its Designs rendred unsuccessful through the unaccountable evil Treatments of our said Neighbours most certain it is that no Consideration whatever can thereafter induce this Nation to join in any such other Publick tho' never so advantageous Undertaking as not doubting but to meet with the like or greater Discouragements from those who give such frequent and manifest Indications of their Designs to wrest our Right and Freedom of Trade out of our Hands For which cause we humbly offer the Premisses to your Lordship's serious Consideration not doubting but you will in your profound Wisdom and Prudence take such effectual Measures for Redress thereof at present and to prevent the like Encroachments for the future as may be capable to remove those Apprehensions and Jealousies which the bare-faced and avowed Methods of the English do now suggest not only to our Company in particular but even to the whole Body of this Nation in general Sign'd at Edinburgh the 22d day of December 1697 in Name Presence and by Order of the said Council-General by May it please your Lordships Your Lordships most Obedient and most humble Servant Fran. Scott Pr. A Letter from the Council-General of the Company to His Grace the Duke of Queensberry Edinb the 25th of Decemb. 1697. May it please your Grace THis is by Order of the Council-General of the Indian and African Company of Scotland to acquaint your Grace that by this Post there is a Second Address from the said Council-General transmitted to the Secretaries of State to be by them presented to His Majesty And the Subject Matter thereof being of so high a concern not only to the Company but also to the whole Nation It is not doubted but that your Grace both as a Patriot and a Party Interested in the Company 's Stock will imploy your Interest to second the same refering your Grace to the Bearer for particular Information of the whole Matter and what has been already done therein I am May it please your Grace Your Graces most Obedient and most humble Servant Fran Scot Pr. Mem That Letters to this purpose were at the same time written to such others of the Scots Nobility and most considerable Gentry as happen'd to be then at London A Letter from both the Secretaries of State in Answer to the Council-General of the Company 's second Address to His Majesty Kensingtoun Jan. 17. 1698. SIR VVE presented this Day to the King the Address of the African Company We could not have Opportunity to do it sooner His Majesty being so much taken up at this time The King said That he had already given Orders to his Resident at Hamburg in that Matter conforme to his Lettter he wrote from Flanders in July last which was communicated to the Company We are SIR Your humble Servants Tullibardin Ja. Ogilvy To Sir Fran Scott of Thirlestane To His Grace His Majesty's High Commissioner and the Right Honourable the Estates of Parliament The humble Petition of the Council-General of the Company of Scotland Trading to Africa and the Indies Sheweth THat whereas the Wisdom of the King and this present Parliament has thought fit by two several solemn Acts and Letters Patent under the Great Seal of this Kingdom to establish our COMPANY with such Power Priviledges and Immunities as were thought needful to encourage any such New Undertaking in this Nation particulary to raise a Joynt-Stock in such manner as we should think fit And for that End to enfranchise such Foreigners as would become Partners with us and to enter into Treaties
Settlement so much as once set a foot upon that Plot of Ground wherein our Colony is now fix'd And tho the same was altogether uninhabited when our People came there the chief Men and Leaders of the Natives of that part of the Coast nearest adjoining to Golden Island East-ward and Westward have not only treated with the Council of our Colony before Landing but have also in pursuance of that Treaty in a most kind and friendly manner admitted our said Colony into such Places of their Neighbourhood as are not yet possessed and taken Commissions from the said Council in a very solemn manner and joined with our People And that in consideration of our Colony's admiting them and their followers to participate of the Liberties and Priviledges granted to our Company by his Majesty of Great Britain OUR SOVERAIGN LORD with Advice and consent of his Parliament of Scotland entreating to be protected accordingly We repeat these Words as being the express Words of the first Commission which the said Council granted As to the French Designs of setling thereabouts it is a Point not to be doubted of For in order thereunto they have already been tampering with several of the Natives some of whom they endeavour'd to have carried into France and we have very good reason to believe that a further Progress had been made in that matter before now were it not the daily Expectations which that Court had of the King of Spains Death which we humbly conceive is a Matter worthy of his Majesty's consideration and of no small concern to the interest of his whole Dominions tho this Nation and our Company may seem to be more immediatly interested at present Your Lordship sees we have in the inclosed Letter to the King made mention of our last Petition and hope your Lordship will take a convenient Opportunity to back the same For as your Lordship knows we have already suffered considerably by encroaching upon our Priviledges so we ought to be very careful as much as in us lies not to admit of any dangerous Precedents And really we must say We were very much surpriz'd the other day when we understood by Letters from the Council of our Colony that Capt. Long Commander of the Rupert Prize who carries his Majesty's Commission for finding out and fishing of Wrecks should under the colour of that Commission wherever he went traduce our Undertaking and Colony to all sorts of People upon that Coast whether Natives or others declaring that our said Colony was no other than a pack of Rogues Vagabounds Robbers and broken Officers without any Commission and that the King would not own them nay further he himself came into our Harbour where he was very courteously and respectfully treated by all our People there in recompence of which he very ingratefully made it his study all the while to seduce our Men and did carry off one of our chief Carpenters which is a very considerable Loss in that part of the World and in the Infancy of our Settlement considering how necessary a Man he was and the Difficulty of supplying his Place so quickly as they may have occasion for him This kind of Usage is really so provocking that we cannot suppose but that the King may be graciously pleased to interpose his Royal Authority for preventing the like Usage in time to come if his Majesty were duely informed thereof So in the confidence of his Majesty's gracious Countenance and Protection and your Lordship 's hearty Endeavours to procure the same this is by Order of the Council-General and in Name Presence and by Warrant of the Court of Directors of our Company Signed by Edinburgh 1st day of April 1699. To the right Honourable the Lord Carmichael Secretary of State My Lord Your Lordship 's most obedient and most humble Servant J. Haldane P. Memorandum There was another Letter to the same purpose written to the Viscount of Seafield with an inclosed Copy of the said Letter to the King A Memorial given in to the King of Great Britain by the Ambassador Extraordinary of Spain against the Scots Settlement at Darien THe Subscriber Ambassador Extraordinary from His Catholick Majesty finds himself obliged by express orders to represent to your Majesty that the King his Master having receivyed Information from different places and last of all from the Governour of Havana of the Insult and attempt of some Scots Ships equipt with Men and other things requisite who design to settle themselves in His Majesty's Soveraign Demains in America and particularly the Province of Darien His Majesty received those Advices with very much discontent and looks upon the same as a token of small friendship as a rupture of the Alliance between the two Crowns which His Majesty hath observed hitherto and always observes very religiously and from which so many Advantages and Profites have resulted both to your Majesty and your Subjects As a consequence of which correspondence His Majesty did not expect such sudden insults and attempts by your Majesty's Subjects and that too in a time of Peace without pretext or any cause in the very heart of his Demains All that the King desires is that this may be represented to your Majesty and that your Majesty may he acquainted that he is very sensible of such Hostilities and unjust procedures against which His Majesty will take such measures as he thinks convenient Given at London the 13 â— day of May 1699. The Three following Memorials were presented to His Majesty in May 1699. by the Lord President of the Session and Lord Advocat on behalf of the Company of Scotland Trading to Africa and the Indies asserting the Legality of their Settlement in Darien 1st MEMORIAL THe Establishment of the Company of Scotland Trading to Africa and the Indies was first prepared by an Act of Parliament 1693. Inviting and Encouraging Persons in General to enter into Societies and Companies for carrying on a Trade to whatsoever Kingdoms Countrie or parts of the World not being in War with His Majesty and thereafter perfected by the Act of Parliament 1695 and a Charter thereon under the Great Seal whereby the said Company was fully Settled with all the Powers Priviledges and Immunities in use to be granted in such cases and particularly with Power to plant Colonies and build Cities Towns and Forts in Asia Africa or America upon Places not Inhabited or upon any other Place by Consent of the Natives and Inhabitants thereof and not possess'd by any European Prince or State The Settling of this Company was so acceptable to the whole Kingdom abounding always with Men and of late Years very desirous to enlarge Trade and Commerce That the Company 's Books being once opened Subscriptions for a vast Sum were compleated long before the Day prefix'd by the Act of Parliament and there were few Persons or Families of any Account within the Kingdom who were not therein particularly concerned But tho' the Subscriptions were soon compleated and