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end_n	act_n	parliament_n	session_n	2,713	5	11.3473	5	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
B20580	A Full and exact collection of all the considerable addresses, memorials, petitions, answers, proclamations, declarations, letters, and other public papers relating to the Company of Scotland trading to Africa and the Indies since the passing of the act of Parliament, by which the said company was established in June 1695, till November 1700 : together with a short preface (including the act itself) as also a table of whole contents.	Company of Scotland Trading to Africa and the Indies.	1700 (1700)	Wing C5597B	80,555	166

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