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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

That is only for to beg the Question for the Natives having the Ancient undoubted Right it must be instructed that they became Subjects before they could be Rebels And tho' it be alledged that what was done in Sharp's Case was reckoned a Jest and that he was not acquitted upon that ground as acting by Commission from the Dariens yet the matter of Fact is certain and known and was indeed remarked by all England that Sharp join'd with the Dariens did commit acts of Hostility and carried away great booty from the Spaniards and was pursued for Restitution in England and did propone a Defence That he acted by Commission from an Independent People and was acquitted by a competent Judicature in England These matters of Fact being all acknowledged it must be thought that a Decision in the way of Justice was no Jest but according to the Law of the Nation To Conclude and Sum up the whole Matter The Scots did not move one foot untill they obtain'd two Acts of Parliament and a Patent in their favours These Acts tho' very ample were framed with a just regard to former Planters who by the express Tenor of the said Laws were not to be invaded or molested in their Possession even the just Right and Property of the Infidel Natives was considered and the Undertakers not allowed to dispossess them by Force and Violence but to Plant with their consent Upon the faith of these Laws a greater Stock was advanced in Scotland than ever was raised by any other Nation upon the first project of a Forreign Plantation the Directors of the Company did very narrowly and exactly consider all the Treaties with Spain and pitched upon a place that the whole World considers to be of a great value for founding and raising a profitable Trade to the Honour of the King who as the Father of the Countrey did endue them with ample and just Priviledges to the encrease of the Strength and Riches of the Isle of Brittain which is all under the Government of one Monarch of one Religion and Interest and can have no different Friends or Enemies without endangering the whole In one word The Scots Company have acted deliberatly for advantage to themselves the Nation and the Isle of Brittain they have only used their own Right and have wronged no Nation or People nor exceeded the Limits of their Patent in any circumstance And if any will stand up for the Interest of Spain and call in question the matters of Fact and principles of Law above asserted which are generally known and need not to be confirmed by particular Citations they may assuredly expect that what has been affirmed shall be made further clear and evident beyond contradiction and whatever Obstacles or Difficulties have or may fall in Ardua quae Pulchra the undertaking was deliberate just for the interest of the Nation and with more regard to the Right of former Planters and Natives than any former Project of that Nature Memorandum That about this time it was given out that the Spanish Embassador had presented a Second Memorial concerning the Scots Settlement at Darien and that the French Embassador had likewise given in a Memorial to the Court of England concerning the French Ship which was cast away near Caledonia Harbour But whether so or not the Company could never procure a Copy of either The Council of Caledonia's Address To the King 's most Excellent Majesty Most Gracions Sovereign WE your Loyal and Obedient Subjects the Council of your Colony of Caledonia being settled pursuant to Powers and Immunities proceeding from your Royal Favour and Goodness where upon our arrival the Natives on all hands in complyance with former Agreements received and entertained us with all possible demonstration of joy and satisfaction there being no Possession nor so much as pretended possession for any Prince or State in Europe upon this whole Coast extending it self considerably more than one hundred Leagues together We found the Indians on all sides in open War with the Spaniards their nearest Neighbours Against whom they besought our Assistance which we could by no means comply with by reason of the present Peace and good Understanding between your Majesty and the King of Spain Yet notwithstanding this our just and peaceable deportment and inclination and our certifying the same by Letters to the two neighbouring Governours of Panama and Carthagena We have to our no small surprize received certain Information that several great and warlike Designs and Preparations are on foot and carrying on by the Spaniards against this Colony and that contrary to all Justice and Humanity as well as the Treaties of Peace between your Majesty and the Catholick King they now unjustly detain and refuse to deliver up the Persons and Goods that were saved of a Ship belonging to this Colony called the Dolphin which by misfortune of springing a Leak was not long since oblg'd to run ashore and suffer Shipwreck near the City of Carthagena All which have been no small inducement for us to have improved the frequent opportunities we have had of taking Measures greatly disadvantagious to the Crown of Spain Yet in order to avoid as much as possible any thing that might look like a publick Breach untill the same were laid before your Majesty and your Royal pleasure known therein We have hitherto proceded no further than the granting of Letters of Reprisals for the People and Effects unjustly detained from us Great Sir The Indies as well as Europe do at this time implore your Protection And as the effectual opening the Door of Commerce to the trading World and of more easy access to and correspondence with the ends of the Earth hath been hitherto hidden and reserved by the Divine Hand for one of the singular Glories of your Majesty's Reign So it 's with no small satisfaction to be any way concern'd in so hopeful an Accession to the Dominions and Greatness of your Majesty and Wealth of your People That we presume to lay ourselves our Case and this valuable Opportunity at your Royal Feet most humbly beseeching that as it had its beginning so it may continue to have its Being and Support from the happy Influences of your peculiar Bounty and Grace So with our earnest Prayers to Almighty God for the long and happy preservation of your Royal Person and continuance of your Glorious Reign and most humble tender of our Lives and Fortunes to your Majesty's Service and Disposition We beg leave to Subscribe our selves This Address was delivered to the Secretaries of State about the middle of September together with a Memorial concerning the French Ship commanded by Cap. Duvivier Thomas which was Shipwrack'd near Caledonia Harbour on the 24th of December 1698. Most Gracious Soveraign Your Majesty's most Loyal most Dutiful and most Obedient Subjects and Servants Daniel Mackay Robert Pennicuik William Paterson Colin Campbell Samuel Vetch Charles Forbes Thomas Drummond By the Honourable Sir William Beeston Kt. His Majesty's

present Parliament We therefore in all humble Duty lay before your Majesty the whole Nation 's Concern in this Matter and we do most earnestly entreat and most assuredly expect That your Majesty will in your Royal Wisdom take such Measures as may effectually vindicat the undoubted Rights and Priviledges of the said Company and support the Credit and Interest thereof And as we are in Duty bound to return your Majesty most hearty Thanks for the gracious Assurance your Majesty has been pleased to give us of all due Encouragement for promoting the Trade of this Kingdom So we are thereby Encourag'd at present humbly to recommend to more special Marks of your Royal Favour the Concern of the said Company as that Branch of our Trade in which we and the Nation we represent have a more peculiar Interest Subscribed at Edinburgh the 5th of August 1698. in Name Presence and by Warrant of the Estates of Parliament Seafield I. P. D. P. To the King 's Most Excellent Majesty The humble Petition of the Court of Directors of the Company of Scotland Trading to Africa and the Indies Sheweth THAT whereas the Estates of Parliament have by their Address of the 5th of August instant been pleased to recommend the Concerns of the said Company to some Marks of your Royal Favour for supporting the Credit and Interest thereof which has already suffered in a great measure by reason of the several Obstructions which they have met with in the prosecution of their Trade particularly by a Memorial given in to the Senate of Hamburgh by your Majesty's Ministers there We are thereby encourag'd in all humility to lay before your Majesty That as the said Memorial was given in to the Senate of Hamburgh in a most solemn and publick manner so your Petitioners humbly conceive that the Effects thereof cannot be taken away but by some Intimation made to the said Senate that they may enter into Commerce with your Petitioners as freely and securely in all respects as they might have done before the giving in of the said Memorial That in consideration of the Damages sustain'd by the Company as aforesaid Your Majesty would be pleased for their Incouragement at present as a Gracious Mark of your Royal Favour to bestow upon them the two smallest of the Frigots now lying useless in Bruntisland Harbour That in regard of the time already lost by reason of the Obstructions aforesaid Your Majesty would be graciously pleas'd to continue the Priviledges granted by Act of Parliament to the said Company of being Custom-free for such longer time as your Majesty shall in your Royal Wisdom think fit In respect of all which may it please your Majesty to take the whole Premisses into your Royal Consideration and give such Orders and Directions with relation thereunto as to your Majesty in your Royal Wisdom shall seem meet and expedient Signed at Ediburgh the 16th day of August 1698. in Name Presence and by Warrant of the said Court of Directors by May it please your Majesty Your Majesty's most Loyal most Dutiful most Humble and most Obedient Subject and Servant Geo. Clark I. P. C. D. Letters from Mr. Stevenson the Company Agent at Hamburgh to the Court of Directors of the Company Hamburgh the 4th of October 1698. Much honoured Lords and Gentlemen I Wrote to you on the 26th past advising you of my going post to Hamburgh in pursuance of your Orders where I arriv'd the 2d instant And the Day following I waited upon the English Resident and in the Company 's Name desired to know if he had yet received his Master's Pleasure ordering him no more to oppose the Transactions of the Indian and African Company of Scotland in this City which I pressing hard answered by his Character and Honour he never received any Orders from his Master that mentions the said Company since his giving in the Memorial against them So I have no further to add but that I am My Lords and Gentlemen Your most faithful Servant to power Alexander Stevenson This was under Cover which contained what followeth Much honoured Lords and Gentlemen BY this within-closed you have a full Answer as to what may be expected here for ever Since my parture from this I am informed that the English here did constantly assert that the Company would never be redressed and the Delay of the same after all your means has made an Impression upon the Minds of People that it will never be at least such as they might trust to Hamburgh the 18th of October 1698. Much honoured Lords and Gentlemen I Wrote to you of the 4th current wherein I advised you of Sir Paul Rycaut English Resident at Hamburgh's Answer given me anent your Affairs to which refers Mr. Cresset Envoy at the Courts of Lunenburgh being returned from waiting upon his Majesty there I thought it my Duty to wait upon him and demanded in your Names to know if his Majesty had signified his Royal Pleasure anent removing of the stop put to the Company 's Affairs in this City through the Memorial given in to the Senate against them To which Answered he received no such Orders and was of the Judgment If the Memorial were yet to be given in it would be done I shall not enlarge what farther past but assure you he seems to insinuate that his private Orders from the Government of England was to act quite contrary to your Expectations This is all from To the Right Honourable the Court of Directors c. My Lords and Gentlemen Your obedient Servant Alex. Stevenson This was under Cover which contained what followeth Much honoured Lords and Gentlemen BY the within-closed you have an account of what relates to your Affairs with respect to have the Merchants in this City concerned I cannot offer to speak to the Commercij about the same but those Merchants here that are Signers in the Books of Subscriptions are as cordial as ever were the Stop removed they doubt not things here would take the desired effect A Letter from the Court of Directors of the Company to the Lord Seafield Secretary of State upon receipt of Mr. Stevenson's Letters Edinburgh Novemb. 29. 1698. My Lord THis is by order of the Council-General of the Indian and African Company of Scotland to cover the inclosed Copies of two Letters lately received from our Company 's Agent at Hamburgh Upon reading whereof yesterday at a meeting of the said Council-General they were not a little surpriz'd at the Contents thereof considering the many repeated Assurances given them formerly by Letters word of Mouth and even in Parliament that the King had already given Orders to his Ministers at Hamburgh with relation to the Memorial given in to the Senate of that City against our Company But after some reasoning thereupon and considering how far your I ordships frank Undertaking when last in Scotland as well as the Station you are in doth engage your best Endeavours to procure the Company Justice and vindicate the

have Written on this Subject It appears to be beyond Controversy That the Company having Settled with the Consent of these Dariens must have the same Right with the same Priviledges and Freedom of Trade which the Dariens had and that both are equally free from all the Spanish Pretensions It is a known Case that an English Man one Sharp having join'd with the Dariens against the Spaniards invaded their Territories he was accused by the Spaniards in England as guilty of Robbery and Piracy but was acquitted because he acted by Commission from one of the Darien Princes which is an undeniable Evidence that this Prince and his Countrey were judged to be independent on the Spaniards The Spaniards may also have wrought Mines of Gold and Silver within the Isthmus but no such possession can support their Complaint The nearest possession of Mines that they can pretend was in Captain Diego's Country on the Gulf of Darien more than 15 Leagues distant from the Company 's Settlement Neither did the Spaniard get these Mines by Conquest or Purchase but by a plain stipulate Permission from Captain Diego and his people which changed not the Property And upon Breach of Conditions the Spaniards were quickly cast out so that when the Company came to settle on the Isthmus it was fully cleared of the Spaniards all their pretences Carthagena Portobello and Panama are adjacent to and do in a manner environ the Isthmus of Darien But that this Vicinity gives to the Spaniards no Claim of Right is evident from many Instances Tangier Cheuta and Mamora ly in the Bosom of the Empire of Moroceo and yet belong to European Princes The English and French have Neighbouring Settlements upon the River Gambo in Africk and all along the Coast of Africk the English and other European Princes have their Settlements intermixed and contiguous where they Trade with all Freedom without any mutual Impeachment The English and French have both Plantations upon the Island of Newfoundland and the Dutch in time of Peace settled upon Long Island and the adjacent Countrey environed on all hands by the English Plantations and yet no War ensued but the Dutch continued their possession till the Exchange was made for Suranam The Spanish Fleets do necessarly pass betwixt the Cape of Florida belonging to the Spaniards and the Bahama Islands yet the English possess themselves of the said Islands and have also several times settled at Port-Royal in the bottom of the Bay of Campiechy in the Gulf of Mexico for cutting of Logwood and have thence removed and settled again at their pleasure The French have also endeavoured to settle in the Bay of Mexico and lately and more closely in the Samblas Islands on the Coast of Darien They likewise settled a Colony in Petitguavis in Hispaniola and in Guiana on the Continent notwithstanding of the Vicinity of the Spaniards The Dutch and Portuguese have their Respective Plantations on the Coast of Brasil to which the Spaniards pretend Right as well as to the Isthmus of Darien such as the Islands of Curasao and Bowane near to Carthagena on the East and Suranam and others upon the Continent and yet never quarrelled It is granted that the Spaniards in their excessive Jealousie and upon the Pretext that by Treaties none were to Trade in their Ports or Harbours such as Carthagena and Porto-bello without their Licence have seized and made prize of the Ships that they have found upon the Coast betwixt the said Places But first they did this upon pretext of the said Treaties Secondly Injury and Violence make no Right And thirdly it is most certain when the Spaniards have been overcomeand beat off in such Attempts and forced to suffer both Dutch and English to cut Logwood on that Coast yet the Spaniards did never complain of any Violation of Right as knowing perfectly they had none as may be seen in Dampier Water and other writers The Spaniards at first endeavoured to amuse the World with the Popes Gift of the West-Indies and after the King of Spain's becoming King of Portugal and in the Right of that Crown claiming the Benefit of the Popes Gift of the East-Indies he assumed the Magnifick Title of Indiarum Rex Yet he was never able to make good his Right or exclude others by these empty Names but in all Competitions the Pretentions of Spain did either resolve in Occupation of what was void or surrendered or conquest of what was possess'd by Natives and that Title was never much regarded either by Spain Portugal or any other Prince Popish or Protestant The second Head which may be pleaded for the Spaniard is the Treaties that have been betwixt the Crowns of England and Spain But 1mo Granting that the Kingdom of Scotland will never disown any Treaty betwixt their King whom GOD long preserve and prosper may be concerned where are these Treaties that exclude either the Scots or English from possessing Darien if not inhabited or where Inhabited with consent of the Inhabitants If the Spaniard propone upon these Treaties they must produce them 2do All to be found in the latter Treaties betwixt the said Crowns such as the Treatie 1667 and the Treatie 1670 which may be understood to be the only Regulating Treaties in this Matter is that in the former The King of Spain obliges himself not to molest the King of England or his Subjects in their Plantations in America these particulars enumerated not by way of Exception but because some of them had been contraverted And that in the other Treaty 1670 It is agreed in the 7th Article That the King of Great Brittain and His Heirs and Successors shall have hold and possess with full Right of Empire Property and Possession all Lands Regions Isles Colonies and Lordships situated in the West-Indies or any part of America which his said Majesty or his Subjects did then hold or possess So that no contraversie on any pretence was thereafter to be moved on that Subject And in the eight Article That the Subjects of the said King should abstain from all Commerce and Navigation in the Ports and Places having Forts Castles or Staples for Merchandise possessed by either of them To wit That the Subjects of Great Brittain should not Trade nor Sail to the Ports nor Places which the King of Spain hath in the VVest-Indies nor the Subjects of the King of Spain Trade nor Sail to the Places which the King of Great Brittain there possesses without Licence given hincinde in the Terms therein set down By which it plainly appears that all agreed to was and is That the Kings and their Subjects respectively should forbear Injuries as likewise to Trade and Navigate without Licence in the Ports Castles and Staples to either of them belonging which can no ways exclude the King of Great Brittain and his Subjects from Trading or making new Plantations in to such Places in America as either are not inhabited or where the King of Spain hath no Right

Right and Possession of the Conquered People may reasonably be reckoned to become the Possession of the Conquerour And therefore a Settlement in Nicaragua or Bay of Campechay might be reckoned a down Right Encroachment upon Spain which cannot be drawn in Consequence to a Settlement upon Darien because the Spaniards can condescend upon no Title or Right beyond their actual Possession for the Dariens were never subdued nor did they ever depend upon Mexico or Peru or any Prince or People subdued by the Spanirds And further whatever be urged from these Cases yet it can be made appear That the Undertaking to settle in Campechay was effectual and the Cart is marked Port-Royal English-Colony and 't is known that the English cutt Logwood at Cape-Catach in Jucatan till the Charge of Carriage render'd it unprofitable and thereafter Settled at Port-Royal for the same Effect where there is plenty of Logwood appropriated to the English It is also acknowledg'd That the Darien-Indians are no powerful People or able by themselves to resist the Impressions of Spain but the point of Right and Property is the same in Rich and Poor Strong and Weak and they might lawfully transfer their Right and assume the Scots or any other Nation to support or maintain the Right and Possession of that Isthmus in as far as it was free from the Spanish Dominions Yet the Dariens were not wholly neglected by the Spaniards as inconsiderable for there have been frequent and almost constant Wars between them and Spain in which the several Captains and Carriques have joyned together and there is a famous Case of Barth Sharp who being accused in England as guilty of Piracy and Robbery committed upon the Indians he defended himself as acting by Commission from Independent Native Indians then at War with Spain and was acquitted The Right of the Scots Colony as flowing from the Native Indians is already sufficiently cleared according to the most Ancient and Authentick Laws of Property acknowledg'd by all Nations And for a further Evidence and Demonstration of what has been asserted and already sufficient-proven the Settlement of the English French Danes Portugueses and Dutch will all be found to be Bottomed on the same Ground The Spanish are the most Ancient Planters and if Spain pretend to any Universal Title either by Occupation of a part or by the Popes Gift or any other Right he thereby excludes the Claim of all Posterior Planters either in the Continent or American Islands which could not be thought to be separate and indifferent Dominions And if Spain recede from any Universal Title to the whole it will not be possible to extend his Claim beyond his proper Possession or the Possessions of these that are Subduced and Conquered by Spain And if this be called in Question it is expected That some other Title will be condescended upon that may clear the Limits and Extent of the Spanish Colonies so as to make a Difference betwixt the Scots Settlement in Darien and the Settlement of other Princes in the American Islands or Continent The Empires of Mexico and Peru are known and may be yielded to Spain but the remainder of that vast Countrey was anciently possess'd by little Princes or rather Captains or Heads of Families or Cariques who have no Dependance upon each other nor upon any Prince or Potentate but by Leagues and Agreement for mutual Defence Thus it is known That the Land of the Amazons was possess'd by the Natives And it is remarkable That upon the Banks of Amazon there are Fifty different Nations So it is in Brasil in Chili Paragua Florida Carolina Virginia and generally over all the Continent as well as in the Islands of America and likewise in Asia and Africa And therefore European Princes have planted promiscuously as they found Conveniency without Injury or Encroachment upon former Planters The English possess the Continent from New-England to Carolina without the Interposition of Colonies belonging to any European Prince yet the Dutch in time of Peace set down upon Long-Island and the Countrey now called New-York betwixt New-England and Pensilvania and continued to possess till the end of the War 1667 At which time New-York was exchanged for Suranam The Spanish Plate-Fleet do necessarly pass betwixt Cape-Florida and the Bahaman-Islands yet the English possess these Islands which the Spaniards did mightily resent and used the English very barbarously upon it yet Spain not being able to justify any unlawful Title the English did maintain their Possession Whatever be alledg'd That the Government did not interpose for establishing a Logwood-Trade yet it 's certain that the English did appropriate the Logwood at Cape-Catch in Jucatan till it was exhausted and they afterwards settled at Port-Royal in the Bay of Campechay for carrying on the same Trade which was never question'd by the Spaniards The French have several times endeavoured to settle in the River de Spiritu Sancto in the Bay of Mexico and also the Samballo-Islands upon the Coast of Darien and have actually settled a Colony in Petit-Guavis in Hispaniola the rest of that Island being possest by the Spaniards The French have also a Settlement in Guiana in the Terra-Firma and several Forts upon the Coast of Caribana and above twelve or thirteen American Islands The Dutch have also the City of Coro in the North of Terra-Firma and Suranam and certain Forts upon the Coast of Guiana and Curasao and several American Islands The Portuguese have the Coast of Brasil divided into many Captainships The Interest of Spain was ever opposit to all these Settlements in America and wherever they were strong enough they attempted to expel the Planters without regard to Peace or War whereof the Scots did formerly feel the Effects in their Plantation at Carolina holden of the Crown of England from whence they were expelled These things were done by way of Fact but it is the first time that ever Spain did openly pretend a Right beyond actual Possession which was never sustained by any European Prince And it is desired and expected that there may be a further Condescendance of the Right and Title of Spain to exclude other Planters by the Consent of the Natives where Spain hath no actual Possession or Exercise of any Jurisdiction It is further alledged for Spain That all the Business in America was settled by the Pacification 1670 betwixt the Kings of Brittain and Spain which did confirm all the Plantations possess'd by English Colonies and left the Remainder of America to Spain and whatever happened before that General Treaty could be no Rule thereafter because there was almost perpetual War with Spain in America which were never settled or composed till the Treaty 1670 which did presuppose and establish the Right of Spain to all that was not possessed by the King of Brittain's Subjects As to the Instance of Sharp it is not denyed that he was acquitted and amongst others did propone that Defence That he Acted by Commission from an