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A44054 A Defence of the Scots abdicating Darien including an answer to the defence of the Scots settlement there / authore Brittano sed Dunensi. Hodges, James.; Harris, Walter, 17th/18th cent.; Foyer, Archibald. 1700 (1700) Wing H2298; ESTC R29058 118,774 233

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of being attack'd by his Fleet as they that advis'd the emitting of those Proclamations must needs think his Majesty was oblig'd in Honour and Justice to order if he was of opinion that the Scots had broken the Alliance betwixt him and Spain Let any reasonable man consider what Anguish and Perplexity these Considerations join'd to their pinching Wants and other Circumstances must occasion in the minds of those poor men and whether it might not give a handle to those of them that were unwilling to stay to mutiny against the rest and put all into disorder which might be fomented by other ill persons amongst them for we are not to suppose that with 11 or 1200 men there went no other ill man but H s since it 's not improbable that they who opposed our Company so much from the very beginning might be prompted by the same Malice to send Spies and Traitors amongst our Men on purpose to defeat their Design If it had not been that they were thus discouraged and brought to their wits-end by those Proclamations they would certainly have had so much Conduct as to have sent away a great part of their Men to Jamaica or any of the English Plantations where they might have subsisted till the arrival of a Convoy from Scotland and so with those Provisions that were sufficient to carry them as far as New York and a great deal further if they had not been retarded by Tempests might have maintain'd a competent number of their Men to keep possession of the Colony till Supplies had arriv'd but the Proclamations disabled them from taking this Method and by consequence are chargeable with the ruin of the Colony In the next place it is undeniable that those Proclamations must needs have incouraged the Spainards and other Enemies in their Opposition against our Colony and animated them to go on with their Preparations to drive us out So that had they deserted upon no other account but the noise of the great Preparations making against them by the Spaniards at Carthagena Porto Bello c as Sir William Beeston seem'd to insinuate in his Letter it makes the Proclamations directly chargeable with the Ruin of the Colony since they had good reason to remove from thence when their own Prince had forbid all Commerce with them and when their Enemies were making formidable Preparations against them It is likewise plain that those Proclamations must necessarily prevent their having any Supplies from the Dutch at Curassaw if they had any to spare for since the Influence of ours and the Dutch Court prevented our Company 's having any Incouragement in Holland it is reasonable to believe it would have the same influence in reference to our Colony in the Dutch Plantations We have likewise all the reason in the world to conclude that the Influence of those Proclamations might hinder the Natives from giving our Colony those Supplies that it was in their power to have done for there 's no doubt but they had information of 'em industriously sent them by some of our Adversaries when Capt. Long was so malicious as to endeavour at our first arrival to possess them with an opinion that we were nothing but Pirats and that the K. of Great Britain would disown us and indeed by the event it would seem he had Instructions so to do It is true that at first the Natives seeing our Men have a Competency of all sorts of Provisions might not believe his Report but they must needs have been confirm'd in the truth of it afterwards when they saw them dying for want and deceiv'd as to their Expectation of further Supplies and upon that account might think they had sufficient ground to withdraw their Assistance from them and not further provoke the Spaniards in favour of a People that they found were not able to do any thing for themselves and by consequence uncapable to protect them which was the thing they were to expect from their Alliance Having thus made it evident that the Opposition our Company met with from Court at first and the Proclamations issued against our Colony at last are justly to be reputed among the principal Causes of the Miscarriage of that Design we come in the next place to consider his Majesty's Answer to the Address of the Commons of England on that Head and the Proclamations issued out against us in his Name in the West-Indies We are sorry that ever there should have been any occasion for such an ungrateful piece of work but think it a Duty incumbent upon us and what we owe to the Constitution of our Country which we have reason to believe is industriously conceal'd from his Majesty to write freely on this head that the World may see what just cause we have to complain His Majesty's Answer That he had been ill serv'd in Scotland c. is such as our Ancestors if we may believe our Historians would have thought inconsistent with the Trust reposed in a King of Scots a manifest Reflection upon the Justice and Fidelity of the Nation and a discovery of their Arcana Imperii to those that were quarrelling with them We are not to suppose that his Majesty would give an Answer to an Address of this Importance without Counsel If he consulted with our Dutch or English Opposers it was the same as if he had consulted our professed Enemies if he consulted with Scots-men and was advis'd to this Answer by any of them they are Traitors to their Country and have betray'd its Soveraignty for they ought to have advis'd him to answer that as King of Scots he was not to give an account to the English for any thing transacted in that Kingdom but if they found themselves any ways aggrivev'd or thought their Trade endanger'd by the Scots Act he should be willing to have the matter debated and adjusted by Commissioners of both Nations as became the Common Father of both This could not justly have been look'd upon by the English as a refractory or stubborn Answer but must have been imputed to his braveness of Temper and fidelity to his Trust But at once to give up the Soveraignty of Scotland without demurring upon it argues that his Majesty was advis'd to this Answer by Enemies to the Scotish Nation Our Parliaments have originally a greater Power than that of England for what the States of Scotland offer'd to the touch of the Scepter their Kings had no power to refuse or if they did the Resolves of the States had the force of a Law notwithstanding Thus our Reformation was established in 1560 by an Act of the States and tho our Queen Mary then in France and her Husband the Dauphin afterwards Francis I. refus'd to give their Consent it remain'd a firm Law which Q. Mary when she return'd to Scotland was so far from offering to dispense with tho she was a great Asserter of her Prerogative that she was oblig'd to intreat of the States so far to dispense with
and most assuredly expect That Your Majesty will in Your Royal Wisdom take such measures as may effectually vindicate the undoubted Rights and Privileges 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 Assurances Your Majesty has been pleased to give Us of all due Encouragement for promoting the Trade of this Kingdom So We are thereby encouraged at present humbly to recommend to the more special Marks of Your Royal Favour the Concerns 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 J. P. D. P. By all this it is evideht that the whole Kingdom of Scotland was unanimous in this matter and proceeded deliberately in it as that which highly concern'd their Interest yet we see that all their Endeavours were to no purpose for our Enemies were so resolute in opposing our Trade that rather than it should succeed they will not only trample under foot the Laws of Scotland but the Laws of Nations and exactly follow the Pattern set them by the French in huffing and tyrannizing over their Neighbours when at the same time they pretend to make War upon Lewis XIV for practices of the same nature and whilst they cry out upon the Decisions of the Chambers of Brisac and Mets and of the Parliament of Paris as tyrannical and unjust for invading the Rights of Neighbouring Princes and Nations they set up a Cabal at Whitehall to do the like by Scotland and Hamburgh Then let the World judg whether the King of England had not less reason to say that he was ill serv'd in Scotland than the King of Scots had to say that he was ill serv'd in England since one single Address from the Parliament of England prevail'd with their King to forbid all his Subjects to join with the Scots whereas the repeated Supplications of the Company of Scotland the Address of their Parliament and the Authority of Law and his own Letters Patent could not prevail with the King of Scots to do Justice to his own Subjects We wish these Gentlemen would consider this who were so very angry at the Author of the Defence of the Scots Settlement for saying that the King of Scots was detain'd prisoner in England It is very certain that never any King of Scotland before the Union of the Crowns dar'd thus to trample upon their Laws or to oppose the General Interest of the Nation or if they attempted to do it they were quickly made sensible of their being inferior to the Law and the States of the Nation assembled in Parliament who till the Accession of our Princes to the English Throne remain'd in an undisputed possession of calling their Kings to an account for Male-administration and of disposing of thei Lives and Liberties as they saw cause We need not go so far back for Evidence to prove this as Eugenius the 7th who was brought to his Tryal on suspition of having murder'd his own Wife and acquitted upon discovery of the real Murderers or of James III. whose Minions by whose Council he governed were taken out of his own Bed-Chamber by the Nobles and hanged over Lauder-bridg and he himself persisting in those Courses was killed in flight after being defeated in Battle by the States and in the next Parliament was voted to be lawfully slain We have a later Instance and the Power of our Nation on that Head was largely asserted and accounted for by the Earl of Morton then Regent of Scotland in that noble Memorial he delivered in to Q. Elizabeth and her Council in defence of our proceedings against Q. Mary whom we dethron'd and in her stead set up her Son so that it is not the principle or practice of any one Party of our Nation tho it has been of late fix'd upon the Presbyterians as peculiar to them but was an Hereditary Right conveyed to us all by our Ancestors practised by Papists before the Reformation and justisied by those of the Episcopal Perswasion since particularly by the Earl of Morton beforemention'd who was the first that introduc'd Bishops into our Church after the Reformation Those things are not insisted upon with any Design of applying them to his present Majesty or of incensing the People of Scotland to do so but only to inform those that put his Majesty upon such Courses that they are his greatest Enemies and do what in them lies to destroy him It is the common Right of Mankind to be protected by those they set over them and to complain of Governors when they find themselves aggriev'd and their Privileges torn from them by Violence This Generation has prov'd it beyond possibility of Reply that the greatest Pretenders to submission to Princes and the most zealous Patrons of Passive Obedience will resist and dethrone their Kings too when they find themselves oppressed by them They that maintain the contrary are nothing but mean-spirited Flatterers or such as temporize with Courts because of their own private Advantage and be their Quality what it will are far from being so noble and brave as that poor Woman who told Philip of Macedon that he ceas'd to be King when he refus'd to hear her Petition Upon the whole it will appear that he Author of the Defence of the Scots Settlement made the best Apology for his Majesty that could be made when he said that he was a Prisoner in England and therefore forc'd to act thus against the Interest and Dignity of his Crown as King of Scots It is demonstrated thus If his Majesty were in Scotland and another Person upon the Throne of England it is certain his Majesty would have encouraged the Trade of Scotland and resented such practices in the King of England as contrary to the Laws of Nations and the Soveraignty of his Crown If he did not he would be look'd upon to be mean-spirited and not fit to wear it and if he took part with the King of England against the Dignity of his Crown and the Interest of his Kingdom he would not only be looked upon as an Enemy to his Country but as felo de se From all which it is plain that as it is the best Apology that can be made for the King of Scots when he acts thus contrary to the Honour and Interest of himself and his Country to say he is a Prisoner in England so it is a sufficient Justification of the People of Scotland to refuse Obedience to what he commands by the Influence of the English or other Councils in opposition to their Interest because they are the Commands of a Captive and not of the King of Scots If our Enemies say he is no Captive but at Liberty to go to Scotland if he pleases it is so far from
making his Case better that it makes it ten times worse for if his Affections be captivated we are without remedy except we either sue for a Divorce as in case of wilful Desertion and denying conjugal Duty or withdraw from under his roof and remove to another Family as God and Man will allow one Sister to do that is oppressed and denied the Privileges of paternal Love and Protection whilst another is caressed and dandled and has her Fortune raised by diminishing that of the neglected Sister The Jamaica Proclamation against our Colony at Darien comes next to be considered and is as follows By the Honourable Sir William Beeston Knt-Governour and Commander in chief for his Majesty in the Island of Jamaica and of the Territories and Dependencies of the same and Admiral thereof WHereas I have received Orders from his Majesty by the Right Honourable James Vernon one of the Principal Secretaries of State importing that his Majesty was not informed of the Intentions and Designs of the Scots in peopling Darien which is contrary to the Peace between his Majesty and his Allies commanding me not to afford them any Assistance In compliance therewith in his Majesty's Name and by his Order I do strictly charge and require all and every his Majesty's Subjects that upon no pretence whatsoever they hold any Correspondence with the Scots aforesaid or give them any Assistance with Arms Ammunition Provision or any thing whatsoever either by themselves or any other for them nor assist them with any of their Shipping or of the English Nations upon pain of his Majesty's Displeasure and suffering the severest punishment Given under my Hand and Seal of Arms the 9th of April 1699. and in the 11th year of the Reign of William the 3d King of England Scotland France and Ireland and Lord of Jamaica Defender of the Faith It contains a heavy Charge against the Scots Company as having settled in Darien without informing his Majesty and having thereby broke the Peace betwixt his Majesty and his Allies As to their not intorming his Majesty with their Design there was neither any need of it nor had they reason to do it that there was no need of it is plain enough from the Act of Parliament impowering them to settle any where in Asia Africa or America upon places not inhabited or any other place with consent of the Natives and not possess'd by any European Potentate Prince or State So that they were under no Obligation to acquaint him where they design'd to settle provided they kept to the Terms of the Act. And that they had no cause so to do is evident from that unreasonable opposition that a Faction of Court had prevailed with him to make to them all along which gave them just cause to expect the like treatment in time to come Then as to the Breach of the Peace betwixt his Majesty and his Allies by the Settlement they had no reason to think themselves guilty of any such thing and so much the less that Dampier Wafer and all others that wrote of the Country gave an Account of the Natives being in possession of their Liberty and almost in continual Wars with the Spaniards Besides it was a rul'd Case in England since Capt. Sharp was by Law acquitted in King Charles Il's time not only for having marched through Darien in a Hostile manner but for attacquing Places that were really in possession of the Spaniards as St. Maria and Panama because he acted by virtue of a Commission from those Darien Princes This together with their not finding a Spaniard or Spanish Garison on all that part of the Isthmus was enough to justify the fairness of the Scots Settlement there and to have put a stop to this hasty Sentence till both sides had been heard But instead of that the Advisers to this Proclamation take upon them in a very Magisterial manner to declare the Scots guilty of a Breach of the Peace betwixt his Majesty and his Allies which is so much the more remarkable that this Proclamation is publish'd in the West-Indies before ever it was known what the Scots could say in their own defence and sent away before the presenting of the Spanish Memorial which was on the third of May 1699. and the Proclamation bears date April 9th 1699. The unfairness of this Proclamation is evident from this that at the very same time it is publish'd in the West-Indies the Lord President of the Sessions and his Majesty's Advocate for the Kingdom of Scotland were sent for from hence to see what they could say to justify their Pretensions to Darien which they did by such Arguments as have not yet been answer'd We leave it then to the impartial Thoughts of the good People of England whether we have not occasion to say that our King is in the Hand of our Enemies since we are thus condemn'd without a hearing and our Nation put tothe trouble and expence to send Lawyers out of the Kingdom to defend themselves before those that had already condemned them And since this is a visible effect of the Union of the Crowns by which we are every day more and more oppressed let them speak their Consciences if we have not all the reason in the World to dissolve that Union except the Nations be more closely united and upon a better footing That we were so treated in former Reigns we had no great cause to wonder when the Court was engaged in a Conspiracy against our Religion and Liberties And our Nation being inferior to none in their Zeal for both it was but natural to think that we should be the first Sacrifice But to be treated thus by a Prince who hath ventur'd his Life to save us from Popery and Slavery a Prince who for Courage in War and Conduct in Peace is not to be match'd in Story a Prince who is under God the Great Champion of our Religion and the bold Asserter of Europe's Liberty a Prince whose Family we revere and whose Person we adore a Prince for whom we have so chearfully ventur'd our Lives and lost so much of the best Blood in our Veins to be so treated by such a Prince hath some thing cutting beyond expression and proves that our Disasters are no way to be remedied but either by a total Separation or a closer Union of the two Kingdoms We cannot be so unjust to his Majesty's Character as to think a Prince of his Magnanimity could be guilty of so mean a thing as willingly to subject the Crown of his Antient Kingdom which he received free to that of another We cannot once suffer it to enter into our thoughts that he who dares to out-brave Death in the Field a thousand times a day should act so unworthy a part as first to condemn and then to try us These and all other things of that sort we must needs charge to the account of our Enemies about him who misrepresent us and therefore surprise his Majesty
into any thing he does against us As to that positive Sentence of our having acted contrary to the Peace betwixt his Majesty and his Allies we have all the Reason in the World to complain of it Is our Kingdom then become so mean and contemptible that what is transacted according to the Acts of our Parliaments and Patents of our Kings is liable to be annull'd or declared illegal by any Person that has the hap to be made an English Secretary of State Governor of one of their American Plantations or a Member of their Council of Trade If it be so his Majesty's Dignity as King of Scots is well defended in the mean time when it is liable thus to be trampled upon by his own Servants as King of England This does indeed verisy what has been said that our Kings since the Union leave their Antient Kingdom to the disposal of their Servants but whether this be agreeable to the Coronation Oaths of our Kings let them determine that are concern'd to enquire and perhaps it may be worth the consideration of our Neighbours whether since we have been govern'd by Servants they have not for the most part been subject to Minions and that the one does naturally pave the way for the other So that they are no great gainers by the Bargain If it be answer'd that the Proclamations are issued by his Majesty's Authority and that therefore our Sentence proceeds from his Bar. We answer 1. That there are shrewd Suspitions that a certain Gentleman or two who have affected all along to shew their Zeal against the Scots in this Affair have push'd this matter beyond their Instructions for there 's no man that knows his Majesty's Justice and Wisdom can admit a thought that he would condemn us before we were heard 2. We don 't at all question his Majesty's Authority as King of England to forbid his English Subjects to give any manner of Assistance to the Scots at Darien tho we might say it was unkind but we absolutely deny that he has any Authority as King of England to condemn the Proceedings of the Subjects of Scotland for any thing they transact without the Dominions of England If it be otherwise his Majesty as King of Scots is bound to appear at the King's-Bench-bar in Westminster-Hall for what he hath done as King of Scots upon the Lord Chief Justices Summons and of what Consequence this may be to himself or his Successors may be easily judg'd Had Oliver and the other Regicides bethought themselves of this it had been more for the Honour of England and would have taken off a great deal of the odium that is charg'd upon them for cutting off King Charles had they search'd for something Criminal in his Conduct toward the English Nation as King of Scots and condemned him for that Tho they did not think upon this perhaps others may and then the English will be able to justify themselves as not having cut off their own King but their Enemy the King of Scots as there 's no doubt they would have done by King Charles II. had he not made his escape after the battel of Worcester This may perhaps deserve the thoughts of his present Majesty and others concern'd in the Succession and so much the more that the dependence of the Crown of Scotland upon that of England hath been lately asserted by some English Historians and indirectly hinted at in a pretended Answer to the Defence of the Scots Settlement at Darien p. 24. But to satisfy that Gentleman and others who please themselves so much in vilifying the Scotish Nation they may turn to the Reigns of Edward I. II. III. and they will quickly find that Sir William Wallace K. Robert Bruce James Lord Douglas Thomas Randolph Earl of Murray and others that we could name did so gallantly defend the Soveraignty of Scotland against those bold Pretenders to a Superiority over us that their Successors have had no great stomach to pursue their Claim to it since So that if ever they had any it is forfeited by Prescription Oliver's imaginary Conquest so much insisted on by the dull Answerer of the Scots Defence and others will be of no use to the Faction in this matter since that was no National Quarrel nor did the English pretend to any such thing as a Conquest of us but immediatly withdrew their Forces upon the Restoration So that Oliver's Conquest as he calls it was only the Victory of one Party over another in a Civil War it being well known that he had Friends in Scotland as well as England which if that Wise Author will have Oliver's Victories to be Conquests he had conquer●d too before ever he came near Scotland We don't insist upon this with any design to derogate from the Valour of the English Nation which is known all over the World but to stop the mouths of those pitiful Scriblers and to give a Caveat to those Gentlemen about Court who talk so big of conquering Scotland upon this present occasion But we wish them to consult beforehand how England in general stands affected to such a Design and how they will justify the Lawfulness of it lest it fare with them as it did with K. Charles I. and his Cabal who not only in Council advis'd TO REDUCE US TO OUR DUTY BY FORCE RATHER THAN GIVE WAY TO OUR DEMANDS as may be seen in the Representation of the States of Scotland in 1640. but rais'd Money and levied a formidable Army to carry on their Design and yet the Hearts of these Bravos fail'd them when they came in view of the Scots who repuls'd them twice with shame the first time when they encamp'd their great Army near Barwick and the next when we charg'd them at Newburn And at last the best of the Nobility and Gentry of England thought fit to put a stop to those dangerous Proceedings and follow'd his Majesty with a Protestation against them as well knowing that if Scotland were once subdued the Liberties of England could not be long liv'd That it is the Interest of England now to prevent the Ruin of Scotland as much as it was then will appear by the following Arguments 1. That the present Juncture of Affairs makes it necessary for the Kingdom of England rather to strengthen themselves by making new Friends than by procuring new Enemies They are not ignorant that they have a controverted Title to their Crown entail'd upon them and that the Pretenders against those in possession are in the French Interest and under their Protection Nor can they be ignorant that to the old National Hatred betwixt France and England the French have added that of the Protestant Religion Of late years they have declared themselves the most implacable Enemies of it and their King in all his Triumphs has that ascrib'd to him as his greatest Exploit that he hath quelled the Monster of Heresy The case being thus it must needs be against the Interest of
the Help of Spectacles may plainly perceive that he sticks at nothing to advance his Cause either by wresting or perverting the Truth of the History by reason there can be no Parity in the Example between the several Cases of these dead Kings whom he now brings on the Stage and King William nor is there any Colour of Allusion to introduce them here for Scare-crows For the Truth of the Story runs thus After the Death of Alexander the Third Ten or a Dozen far-fetched Relations of the Royal Family standing Competitors for the Scots Crown it was agreed on by the different Parties to prevent the Effusion of Blood that the Trial of their several Claims should be referr'd to Edward the First of England Edward accepting the Office came to Berwick then a Scots Town where after a long time spent in canvassing the several Titles he found Bruce Baliol and Cummin stand fairest for it To make a long Tale short he now found it in his Power to accomplish that which his Predecessors struggl'd for for some Hundred Years before to wit a Submission of the Scots Crown to that of England He felt Bruce's Pulse but it did not beat to his Mind then he sounded Baliol who had more English Blood in him by half than Scotch who easily condescended to his Terms Edward declares John Baliol King of the Scots and the Scots Nobility having swore Allegiance to him in his Presence proceeded to his Coronation That being over the new Scots King with his Nobility came to King Edward to thank him for his Civility at Newcastle where having been splendidly regaled for some time and the English King being to set out for London John Baliol with his Train of Nobles came in a full Body to kiss his Royal Fist where on a suddain King Baliol claps down on his Knee and swore Fealty to Edward as his Sovereign Lord and to hold the Scots Crown for ever of him and his Successors Kings of England Baliol having ended this Ceremony pointed to his Subjects to follow his Example which being needless to dispute on that Ground no Body stumbl'd at it save a peevish Old Gentleman by Name Douglass who was Caged up for the Remainder of his Life for want of good Manners Baliol and his Nobility march'd home to Scotland as chearfully as Half a Dozen Citizens Wives return to their Husbands after they have been decoy'd into a Ramble and kiss'd by strange Fellows and they being all alike Scabby made no Words on 't for some Years and perhaps had not then if a rash Sentence had not been pass'd by Baliol in his own Court in Prejudice of a certain Thane or Earl who thinking himself injur'd appeal'd to Edward as Sovereign Lord King Edward being willing to show his Grandeur summon'd Baliol up to London and being seated on a Throne in his Court of Judicature his Fellow King had the Honour to set by him till such time as the Tryal came on and then he was oblig'd to step down to the Common-Bar and Plead for himself The Gentleman had got so much Scotch Blood in him by his Three Years Government of that Kingdom that he stomach'd the Disgrace and could not tell how to digest it till he went Home and consulted his Nobility who were all alike tardy with himself It was soon agreed on to bid Edward Defiance declaring That their King and they were only trick'd into their Submission by his foul Artifice Both Nations Arm'd but Edward got the Better on 't for having over-run Scotland and made them once or twice swear heartily anew and having caught John Baliol by the Neck would never afterwards trust him with such an Office but kept him Prisoner at London for many Years till at the Intercession of the Pope and French King his Imprisonment was enlarg'd to France where he died a Quondam King Now whether this Fate of John Baliol has any Relation to what your Author designs since 't is plain that Edward both made and unmade him and not the Scots I refer it back to himself to reconcile As for the other Baliol by Name Edward and Son to this John he finding that Robert Bruce was the Second time dead came from France to England and there having Edward the Third's Leave to raise what Men he could to seat himself on his Father's Old Throne found Voluntiers enough who were the Relations of those who were foil'd at Bannocksburn and with those and a few of King Edward's Ships he lands in the Heart of Scotland and set young David Bruce's Crown on his own Head without asking the Scots Leave and kept it till D●vid with the Assistance of his Father-in-Law the French King took it from him again Neither can I see the Paralel in this with King William's Case for Edward Baliol took the Crown at his own Hand nolens volens whereas King William had it press'd upon his Head by the unanimous Consent of the Scots Nation As for the other Two Examples of James and William the First what they did while it was their Misfortune to be Prisoners in England could not stand in Law neither did I ever hear that after their Freedom and Restauration to their Dignities their Scots Subjects did ever reckon it to them for Sin But as there 's no great Advantage or Credit to be purchased by ripping up such old Sores so I am willing to leave tracing this Gentleman's Evidences and rather take Things on his own Authority than foul Paper about it Mean while I 'll be as impertinent as he is with his Earl of Strafford and some others and acquaint you with something that may be nearer the Case It has been observ'd in Scotland in the Course of several Ages that it hath been ever fatal to Families when they became so powerful as to swell beyond their Proportion Witness that of the Cummins in Robert Bruce's Reign the greatest that ever has been in Scotland Witness that of the Gouries of a latter Date And if I should add that of a latter Family within the Reach of our Memory which might have reasonably been reckon'd in the same Class had it not been for the happy Accident of the Revolution I cannot be far mistaken I say most of these Gentlemen being too great for Subjects lost themselves with Jearus in their Flight Some got red-hot Iron Crowns and others Halters but that which was more Tragical their whole Families and Dependants were hung up like Haddocks to dry in the Sun that they might never afterwards rise in Judgment I heartily wish there may no such Examples happen in our Age and that no suspected Persons sit so close to the Machine of your Colony nor wind up its Spring further than it will go least it should snap and the Ingineers get o'er the Fingers End Being sensible that I have trespass'd in the Epidemical Crime of my Fellow-Scribblers by swelling my Dedication beyond its Proportion and perhaps said more than some Persons care
wall'd Towns and the reach of their Guns or they must be allowed the usual extent round them as all other Collonies in America have The Company might with the same Justice Land on the North-side of Jamaico where for 20 Leagues running there 's neither English Man nor Beast to be seen altho' there are as many if not more Wild Negroes in the Mountains of Jamaico who have deserted their Masters than Indians on thrice so much ground of the Isthmus of Darien By the same Title the Company might have seated themselves on the Island of Tobaga where there 's never a Man without asking the D. of Courland's leave On the other hand the Company has settled their Collony in the very Bosom and Centre of the three chies Cities of the Spanish-Indies to wit Carthagena Portobello and Panama the first being about 45 Leagues and the other two not above 30 distant from the Collony besides several smaller Towns and Garrisons which are much nearer viz Sancta Maria Tubaconti c. Nay the Spaniards are at work in their Mines within 12 Leagues of Fort St. Andrew As for the de facto right 't is evident that these Captains who are over the Indian Clanns have Spanish names to distinguish them from the Vulgar speak Spanish generally their Wives go valed and cover'd after the same fashion the Spanish Women go altho their Men go naked Besides one Paragraph of the Collonies Journal makes this very Spot of Ground where they are settled to be the Propriety of the Spaniard by their acknowledging Captain Andreas to have been a Spanish Captain As for the defences which Batt Sharp adduced on his Tryal of the Indian Emperor there having been no such person on the Isthumes of Darien these hundred years and King Golden Cap and the forg'd Commission he produc'd from that Emperor it was all trick Neither was there much pains taken to hang him or disprove the Forgery The Privateers indeed gave the title of King Golden Cap to the Indian Captains Son who commanded these Indians near Golden Island and he was this Andreas his first Cousin but kill'd by the Spaniards after the Privateers left the Isthmus as those may now be who entertained the Scots so friendly The Irish admitting some French Troops into their Country does not take away the King of Englands Title and Right to that Kingdom The Spanish Title is likewise confirmed by the Concession of all Princes and Treaties of Peace whereby the Spaniard does not only cut off the People of all Nations whom he finds cutting Logwood in the Bay of Campechy a great many Leagues distant from any Spanish Town but keeps the Barlevento Fleet and an Armadilla always ranging along that Coast and makes prize of all Foreigners he finds trading on his Coast without his Commission If they have so much as a stick of Logwood or three pieces of Eight aboard Which if hed did not act Legally to be sure the Soveraign heads of those Subjects would long e're now have demanded satisfaction or made reprisal This was the Substance of what I offer'd to Sir J. S. and what use he made of it I never inquir'd after as for that part of the Champions defence describing the Isthumes of Darien I must tell you that it is calculated in all the matterial passages of it for a Scotch Meridian as the Darien News were for six Months by the Companies Agents here in Town who knew that what was Printed here and sent to Scotland was far better believ'd than the Apocrypha The Edenbrugh News-monger was never wanting on his part for he still had something new from St. Germains to frighten us with the Cabals there and private meetings between the late King James and Lovis but however necessany such hob-goblin stories might been an inchanted Country yet they never went down within the found of Bow-bel As for the Champions endeavouring to prove the Scots interest by a separation I will excuse my self from medling with that part of the Subject knowing at the same time that the Wisemen of that Country know the benefit of that Union better than this Author or some more who make use of the Machin of the Collony to set the two Nations together by the ears the better to advance their own private Ends. As for his other fiery Ejaculations I have no inclination to meddle with them their being little to be got on either side by ripping up of such Sores and it not belonging to me to say any thing on that Head I 'll take my leave of the Company and their Champion at present and only say that if he is resolved to separate I would have him pick some quarrel that 's honester than this and the next time he enters the Lists to advande juster reasons for it than what he now does for Caledonia Novissima FINIS AN ENQUIRY INTO The Causes of the Miscarriage OF THE Scots Colony at DARIEN OR AN ANSWER TO A LIBEL ENTITULED A Defence of the Scots Abdicating DARIEN Submitted to the Consideration of the Good People of England Paries cum proximus ardet Res tua tunt agitur GLASGOW 1700. The Introduction THE just Horrour that all honest men conceiv'd at the harsh and unneighbourly Treatment of the Scots Colony at Darien laid the Gentlemen who have been most active against it under a necessity of blackening the Reputation of those concern'd in that Settlement This they thought necessary in order to prevent any enquiry that perhaps might be made Why a Neighbouring Nation united to the Kingdom of England by Situation Government Interest Religion Affection and constant Inter-marriages should be provok'd and trampl'd upon in such a manner contrary to their own Laws and Original Constitution and which may pave the way in time for Treating our Neighbours in the same manner To prevent any such Enquiry those Gentlemen that have been pleas'd to signalize themselves as much by their hatred to the Scotish Nation as the latter have signalized their Valour and Affection for our common Liberty and Religion have been at pains and expence to save the Libeller H s from the Gallows by putting a stop to his Trial and filling his Pockets with Money on condition that he would bespatter the Reputation of the Scots Colony and their Masters The Crime is indeed unnatural for a man to turn Renegado and a Traitor to his Country none but a Monster like H the Surgeon could have entertain'd such a Thought He sold his God in the Last Reign by turning Papist and therefore 't is no great Wonder he should sell his Country in this and solemnly renounce his going Northward for ever provided he might he secur'd against going Westward for once This being the Case of the Doughty Evidence that the Faction have produced against the Scots Colony we leave it to the World to judg what credit ought to be given to his Testimony since it appears that he harh giv'n it in to save his Life to gain
Money and to give vent to his Malice The latter he owns in the beginning of his Book and repeats it again p. 161. where he says he took this way to right himself because of the Scots here in Town being on his Top and of some other harsh usage which he receiv'd at the hands of the Scots Company The very manner of giving in his Evidence lays him open to the Lash of the English Law and it is to be presum'd that his train of Blasphemies and constant ridiculing the Text would have been taken notice of e're now by a certain Court at the West end of Paul's but that he is protected by some Gentlemen belonging to a Court at the West end of the Town His invenom'd malice is demonstrable by the sport he makes to himself throughout his Libel at the Calamities and Misery of his Fellow-Creatures and Countrymen so that never did any man more exactly fill up the Character of a Renegado than himself for as those Miscreants stab an Image of our Saviour to the Heart as a proof of having absolutely denied him H s hath in the same manner done all he could to stab the Reputation of his native Country as a certain evidence of his being turn'd a Monster in Nature for which even they that imploy him must needs abhor him except they love to see the Image of their own Crimes in his Lovely Features We have not enter'd upon the detail of his malicious Lies with which he hath stuff'd his Book but have only pointed at the chief of them which are so very notorious as may well put his Suborners to the Blush that they should not have either taught him his Lesson better or have seen he had conn'd it more exactly for they are such gross Contradictions either to common Sense or to what he himself has advanc'd in his Libel that none but one who had swallow'd Transubstantiation could be guilty of the like It 's needless to enlarge upon his Character since it 's impossible to conceive a worse Idea of him than all Men of Sense will immediately form to themselves when they know he is a Traitor to his Country He was was formerly a Surgeon in the Fleet and made some Interest amongst the Officers by Female Mediation which was allow'd him by his last Religion for his Book shews that now he has none Hence it is that he expresses himself so readily in the Dialect of his Office and talks of Bullying Kings in his Dedication to shew us that he was acquainted with B-dy-house Rhetorick and they that know his Friends in Little B n say he has convey'd his Libel to the World through a very proper Channel Whilst he was a Surgeon in the Fleet his ill Nature having condemn'd him to perpetual Broyls he had the Impudence to draw upon his Captain ashore who wounded him so as 't was thought might have put a period to his Infamous Life upon which his Captain was Confin'd but the Wound not being Mortal the Gentleman was set at Liberty and returning on Board a Council of War was held by which H s was like to have had an Exit more answerable to his desert at the Yard-Arm but that one of our Country-men who Commanded in the Place sav'd him out of Pity and whilst he was sculking at London to avoid this Prosecution others of them out of Compassion hir'd him to go along with their Fleet for which he hath made his Country such a Grateful Reward as hath verify'd the Proverb That save a R gue from the Gallows he shall be the first that will cut your Throat We leave his Suborners to think on 't His Captain being thus disappointed of having Justice executed was forc'd to content himself with Pricking him Run that he might not have any claim to his Wages but since his return from Darien and engaging in the Honourable service of Reviling and Belying his Country his Suborners out of their innate Bounty and Gratitude have got him deliver'd from all farther Prosecution entitled him to his Wages and given him the opportunity to value himself upon his Corespondence at the Court end of the Town so that now he thinks himself sure of a Patent for Life and that he shall never be oblig'd to go up Holborn-Hill except his important occasions call him now and then that way to enable him to pay his present Debts when some of his Brethren pass that Road to pay their last It had been easie for us to have given such a History of his Life as would have put his Suborners to the blush but we reserve that to make use of as we shall see occasion what 's said is enough to let them know how much they are to trust to his Evidence if they think fit to make further use of him either by Libelling his Country or accusing any of those great Families he threatens in his Dedication AN INQUIRY INTO The Causes of the Miscariage of the Scots Colony at Darien THE main design of H s and his Suborners is to charge the Miscarriage of the Scots Colony upon their own Country to clear some Gentlemen that perhaps may be found within the Verge of White-Hall from having any hand in it and to evince the necessity of those Proclamations publish'd against the Scots in the West-Indies so as no Person or Party in England may seem justly chargeable with the ruin of that Colony a certain Evidence that the Crime is very black and that they are put to a miserable shift when those Gentlemen are at such expence of Contrivance and Pains to wipe off the Imputation and so ready to fall in with any Tool that they think can assist them in so doing Enough has been said already to demonstrate that the evidence of such an infamous Person as H s and so circumstantiated would not be admitted in any Court of Judicature in Europe especially against such an honourable Society as the Company of Scotland for trading to Africa and the Indies which consists of the very flower of the Nation and perhaps has more Persons of illustrious Birth Quality and Merit in it than any trading Company that ever yet was erected in the World The Directors particularly whom H s and his Masters have condemned to the Halter p. 46. are most of them Persons of that Quality Estate Worth and untainted Honour as the Accusation of no one particular Person tho of never so good Repute could in justice or decency be admitted against them and much less the malicious Calumnies of a Renegado But to set this matter in a clearer Light Whereas we have only H s's own word for what he asserts in vindication of his Friends and Suborners we shall demonstrate against him and them too from undeniable matter of Fact that some People in England are justly chargeable with the ruin of that Colony We shall begin with the opposition made to the Scots Act by the Parliament of England to whom the matter was
misrepresented the Answer they obtain'd from the King and the Prosecution they commenc'd and threatned against English Natives and Scots-men residing in England that should subscribe to the Scots Company In the next place we alledg the English Resident's Memorial at Hamburgh against that Governments suffering any of their Subjects to subscribe to the Scots Company It is likewise well enough known that the Influence and Example of the English Court hinder'd the Subscriptions of our Neighbours in Holland Nor can it be denied but this continued Thread of Opposition from the Court of England must needs hinder the Subscriptions of a great many in Scotland who could not but foresee that a Storm was threatned by so many Clouds To this we may add that the Kingdom of Scotland have not yet forgot the discourting of the Marquiss of Tweddale who was known to be an able Statesman and a true Patriot to his Country because of his touching that Act when he had the Honor to represent his Majesty on the Throne Nor was it the least of our Misfortunes that we lost such an able and faithful Minister of State as Secretary Johnston and that too upon the account of his Affection to his Country in this matter We are very well satisfied that his Majesty who advanc'd him to that Post for his Merit and was so well satisfied with his ability and care would scarcely have parted with a Minister of that Gentleman's Faithfulness and Penetration but by the Intrigues of some People at Court Before we proceed any further with the Narrative of the Opposition made to us we shall obviate one Objection which some Persons may possibly make viz. That all we have said hitherto is nothing to the purpose because it does not regard our Colony but the Company To which we reply 1. That this is so far from being an Excuse to our Opposers that it highly aggravates our Charge against them as being a plain demonstration that they were resolv'd to obstruct our Trade in every respect and whatever it should be without any exception 2. That the opposing of the Company was the direct Method to prevent our ever having a Colony and by the Laws of God and Man those who endeavour to destroy the Embrio are chargeable with a design of preventing the Birth But we shall come closer to the point in a little time and resume the thread of our Narrative after one or two Observations upon what we have said already viz. 1. That the greatest of those Difficulties and Disappointments which H s says in his Book the Company met with as to their Subscriptions Payments c. may justly be charg'd to the account of that opposition made us from the Court of England 2. That there is so little reason to upbraid us that our Efforts were not greater that it is rather to be wonder'd at that the Company was not dash'd to pieces and crush'd in the bud and much more that ever they should have been able to weather out the Storm of so much Indignation overcome all those Difficulties find Mony enough to build Ships equip out a Fleet and make a Settlement in America when neither England nor Scots-men residing there Hamburgh nor Holland shall dare to assist them without incurring his Majesty of England's displeasure But to come directly to the Narrative of the Opposition made to our Colony It is well enough known that the Kingdom of Scotland as many other Parts of Europe have suffered much for three or four years past by bad Harvests which rendred them uncapable of providing Bread for their People at home and much more of sending Supplies to their Infant Colony abroad This was very manifest to some People about White-hall and care was taken we should have none for our Mony from England tho that Nation could have spar'd it and perhaps we might have pleaded it as our merit when in Parliament we voted his Majesty a standing Army upon his Royal Word that it was necessary tho we had more need to have sav'd the Mony to have bought Bread for thousands of our People that were starving for want afforded us the melancholy prospect of dying by shoals in our Streets and have left behind them a reigning Contagion which hath swept away multitudes more and God knows where it may end Tho our Country was reduced to this deplorable state that a generous Enemy would have shew'd us compassion yet the malice of our Court Adversaries did not rest here nor with having follow'd us into Holland and Germany but pursues us into America and with Angry Proclamations forbids the Subjects there on pain of his Majesty's Displeasure to afford any manner of assistance to the Scots at Darien So that we are starv'd at home and abroad by our Enemies at Court who having by this means dispossess'd us of our Colony at Darien and knowing that the good People of England had reason to cry shame upon them and might perhaps take their own time to resent this inhuman Treatment of their Neighbours in Scotland therefore they found it necessary to suppress a Book wrote in defence of the Scots Settlement and to hire a Scots Renegado Surgeon to varnish over the matter and to represent his Countrymen as Knaves and Fools that so they might fall unpitied To return again to the Opposition made us in America It is not enough that we are starv'd out of Darien but when we come from thence and so leave what the Proclamations suppose to be the Dominions of their Allies yet we must not be supplied in the English Plantations nor have Provisions in exchange for our effects tho our Men be dying for want on pain of incurring the Displeasure of the Court and therefore those who are willing to relieve us must put their Inventions on the rack to sind out a way to do that with safety which common Humanity and much more Christianity obliges them to do to a Turk or a Jew in the like circumstances Nay farther tho notwithstanding our distress at home we make shift to send a Convoy to our Colony abroad because our future hopes depended so much upon it they shall not have leave to put in to any English Port to refit refresh or stay for any of their Company that may be separated from them by storm and yet our Friends who were so instrumental in obtaining and publishing those Proclamations must bribe a Renegado to declare to the World in print that they were no way accessary to the Blood of his Country-men that were starv'd to death at Darien It will appear plain that the Ruin of the Colony is chargeable on the Proclamations if we consider the Consternation that must needs be among them when they saw themselves condemned as having invaded the Dominions of his Majesty's Allies so that they had all the reason in the World to think that they were not only precluded from all possibility of having any further supply or assistance from home but in danger
was obtain'd viis modis but the Falshood and Malice of that Insinuation will appear to the World by the previous Act of 1693. for incouraging of foreign Trade by which it was statuted That Merchants more or fewer may contract and enter into such Societies and Companies for carrying on Trade as to any Subject of Goods or Merchandise to whatsomever Kingdoms Countries or parts of the World not being in War with his Majesty where Trade is in use to be or may be follow'd and particularly besides the Kingdoms and Countries of Europe to the East and West-Indies the Straits and to trade in the Mediterranean or upon the Coast of Africa or elsewhere as above Which Societies and Companies being contracted and entred into upon the terms and in the usual manner as such Companies are set up His Majesty with Consent aforesaid did allow and approve giving and granting to them and each of them all Powers Rights and Privileges as to their Persons Rules and Orders that by the Laws are given to Companies allowed to be erected for Manufactories And his Majesty for their greater Incouragement did promise to give to those Companies and each of them his Letters Patent under the Great Seal confirming to them the whole foresaid Powers and Privileges with what other incouragement his Majesty should judg needful These are the very terms of the Act of 1693. and in pursuance of this Act our Nation being willing to form a Company for trading to Africa and the Indies this Act which hath met with so much opposition in the World was past June 26. 1695. which was two years after Then with what Effrontery can H s and his Suborners suggest that it was obtain'd viis modis by surprise or in a surreptitious manner But something they must say to justify their unreasonable treatment of us and to blind the Eyes of the World Thus we see then that the Parliament of Scotland went on deliberately to advance their Trade and to make this Act by which it's evident that they who advis'd his Majesty to say that he was ill serv'd in Scotland impos'd upon him have laid a Foundation of division betwixt him and his Parliament which are the two constituent parts of our Government and if they be dash'd against one another the whole frame of it must of necessity be dissolv'd Hence also it is evident that those Counsellors if Scots-men ought by our old Constitution to be call'd to an account by the Parliament according to the 12th Act of Parl. 2 James 4. And if they be Englishmen or Dutchmen we have a right to demand Justice against them as having meddled in our Affairs contrary to the Laws of Nations The Soveraignty of our Nation and the Independency of the K. of Scots upon the Crown of England being tacitely giv'n up by this Answer and the Parliament of England being possess'd by our Enemies with a false Notion of our Design they put a stop to our taking Subscriptions from any Residenters in England tho our offering to take in the English as Sharers was a plain Demonstration of the uprightness of our Intentions towards that Nation This made it apparent that we had no design in the least to supplant them in their Trade but on the contrary to make them Partakers in ours in order to lay a foundation for a closer Union and greater Amity betwixt the two Nations which if it had taken effect our Trade had not been nipp'd in the bud as now it is by the frowns of the Court but might by this time have been improv'd to the advancement of the glory and strength of the Island Whereas by the opposition made to that noble Design the Nations are more alienated from one another than before lessen'd in their Strength and Trade and Scotland for ever lost as to their Friendship usefulness and joining with England on any occasion whatever unless proper Measures be taken to make up the Breach and retrieve our lost Honour and Advantage All that can be said to excuse so false a step in such a wise Nation as England is that they were impos'd upon by those that are Enemies to the true Liberties of both Nations and by some of their Traders and ignorant Pretenders to give advice in matters of Trade who out of a sordid Principle of Self-interest preferr'd their own private Gain to the general advantage of their Country This would have quickly been seen had his Majesty and the Parliament of England instead of that violent opposition which they made to the Scots Act desir'd a conference betwixt a Committee of the Parliaments of both Nations then it would soon have appear'd what our true Design was and that it was neither our Interest nor Intention immediately to follow an East-India Trade the apprehensions of which did so much alarm the Kingdom of England That it was not our Intention is evident from our rejecting the Proposals of our Countryman Mr. Douglas the East-India Merchant with which H s upbraids us by which at the same time he discovers his own folly and dishonesty his Folly in arguing against the Interest of England which he pretends to espouse and his Dishonesty in proposing our following a Trade which his new Masters who have paid him so well for his false Evidence look upon to be destructive to theirs That it was not our Interest immediately to think of an East-India Trade is evident from this that it would have exported our Mony with which it 's known we do not abound and ruin'd the Linen Manufacture of our Country upon which so many of our Poor depend This we think the City of London may be sensible of in a good measure by the multitudes of their own Silk-Weavers that are starv'd for want of Imployment and also by the unsuccessfulness of their own Linen Manufacture in England by reason of the great quantity of Silks Muslins Calicoes c. brought from the East-Indies from whence some wise Men have been and are still of opinion that an East-India Trade of that sort tends to the general Impoverishment of Europe tho it may enrich particular Persons These Considerations together with some Jealousies that Mr. Douglas might have been put upon making us that Proposal on purpose to divert us from our other Design of an American Trade were the true Reasons of our not hearkening to Mr. Douglas's Advice This our Neighbours might have known had they proceeded with us in such a Friendly manner as we had reason to expect when we were so kind as to offer them a share in the Benefits of our Act. And the Government at the same time might soon have been satisfied that the sinking of their Customs by our own and twenty years Freedom from that Duty was a meer bugbear Pretence It is evident that we could not have spent much East-India Goods in Scotland and therefore must have exported them If we had brought them to England they were liable to Customs there If we
Order on our behalf which by a further Address we are now to lay before his Majesty But whereas we humbly conceive your Lord ships 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 Privileges 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 solemn and 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 Incroachment upon the Privileges 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 and indisputable Independency of this Kingdom which by the now open and frequent Practices of our unkind Neighbours seem to be too shrewdly pointed at And should this Company wherein the most considerable of the Nobility Gentry Merchants and whole Body of the Royal Burroughs are concerned be so unhappy which God forbid as to have its Designs rendered unsuccessful through the unaccountable evil Treatments of our said Neighbours most certain it is that no consideration whatever can hereafter induce this Nation to join in any such other publick Stock tho never so advantageous an 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 Premises to your Lordships 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 Incroachments 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 Signed 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 Sic subscribitur Francis Scot P. And therewith they join'd another to the King as follows To the King 's 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 BY a former Address of the 28th of June last We have humbly represented to Your Majesty that Your Majesty's Envoy to the Court of Lunenburgh and Resident at Hamburgh did under pretence of special Warrant from Your Majesty give in a Memorial to the Senat of the said City of Hamburgh contrary to the Law of Nations and expresly invading the Privileges contained in the said Acts of Parliament and Letters Patent by which our said Company is established Copies of which Address and Memorial we have for Your Majesty's better Information hereto annexed In answer to which Your Majesty was then graciously pleased to signify by your Royal Letter that upon Your Majesty's Arrival in England You would take the Contents of our said Address into consideration and that in the mean time You would give Orders to Your said Minister not to make use of Your Majesty's Name or Authority for obstructing our Comapny in the prosecution of our Trade with the Inhabitants of the said City of Hamburgh In the full assurance of which we rested secure and took our Measures accordingly till to our further fur prize and great disappointment we find by repeated Advices from Hamburgh that Your Majesty 's said Resident continues still contumacious and is so far from giving due Obedience to Your Majesty's said Order that upon Application made to him for that effect with all respect due to his Character he pretended that he had never as yet got any such Order on our behalf Which we thought fit in all duty and humility to lay before Your Majesty renewing withal our most humble and earnest Request that Your Majesty would be now graciously pleas'd to take the Contents of this and our said former Address into consideration and in Your Royal Wisdom order some speedy and effectual Redress of our Grievances therein mentioned and a just Reparation of the manifest Damages which our Company has already fustain'd by reason of the said Memorial And grant us a declaration under Your Royal Hand to render the Senat and Inhabitants of the City of Hamburgh and all others with whom we may have occasion to enter into Commerce secure from Threatnings and other false Suggestions contained in the said Memorial as well as to render us secure under Your Majesty's Protection in the free Enjoyment of our lawful Rights and Privileges contained in Your Majesty's Acts of Parliament and Letters Patent above mentioned Signed at Edinburgh the 22d Day of December 1697. in Name Presence and by Order of the said Council General by May it please your Majesty Your Majesty's most Faithful most Dutiful most Humble and most Obedient Subject and Servant Sic subscribitur Francis Scot P. Notwithstanding all this humble Application there was no stop put to that Opposition So that the Hamburghers dar'd not venture to subscribe and the Company after great loss of time and Money and leaving two Ships unfinish'd to the great Dishonour as well as Disadvantage of the Nation were oblig'd to recal their Agents after having spent 30000 l and not receiv'd one Farthing there tho the Hamburghers were so willing to join that they were sorry there was not room left for subscribing more than 200000 l The Company finding themselves thus injuriously dealt with made application to the Parliament of Scotland for redress Upon which the Parliament presented the following Address to his Majesty An ADDRESS to his Majesty by the Parliament WE Your Majesty's most Loyal and Faithful Subjects the Noblemen Barons and Burgesses convened in Parliament do humbly represent to Your Majesty that having consider'd a Representation made to us by the Council General of the Company trading to Africa and the Indies making mention of several Obstructions they have met with in the prosecution of their Trade particularly by a Memorial presented to the Senat of Hamburgh by Your Majesty's Residents in that City tending to lessen the Credit of the Rights and Privileges granted to the said Company by an Act of this present Parliament We do therefore in all humble Duty lay before Your Majesty the whole Nations Concern in this Matter And We most earnestly do entreat
England to suffer any froward and headstrong Faction to embroil them with Scotland or to ruin that Kingdom the Consequence of which will be the exposing themselves as an easier Prey to the Conquest of the French or any other Enemy That the French had a hand in fomenting our late Civil Wars and made use of their Firebrands in all Parties is beyond dispute and that it is now more their Interest to divide us than ever is so palpable that it cannot be denied Nothing in human probability could have stop'd the impetuous Current of their Arms but the Interposition of Great Britain and therefore it concerns them both in point of Interest and Revenge to dash us against one another and if the ill Usage that we meet with from the Court of England should force us again into a French or other Alliance the World cannot blame us since the Laws of Nature and Nations are for us Put the case that a smaller number of Christians should be unjustly attack'd by a greater whom nothing will satisfy but the utter Ruin of the former Could any man in conscience blame the weaker Party to call in the Assistance of Jews and Pagans to preserve their own Lives Is it not the same case with the Scots have they not ever since the Union of the Crowns been oppressed and tyranniz'd over by a Faction in England who will neither admit of an Union of the Nations nor leave the Scots in possession of their own Privileges as Men and Christians Was it not a Party in England that impos'd upon us first in Matters of Religion Did we send first to oblige them to submit to the Geneva Disciplin as they call it or was it they that first imposed their Ceremonies and Forms of Prayer upon us Was it we who first invaded them with an Army to subvert their Civil and Religious Liberties or did not they first invade us Was it we who first made Acts against their Trade or they who made Acts destructive of ours Did we issue Proclamations against their Colonies or have they done so by ours In the name of God then let them declare what they would have us to do They will not unite with us nor suffer us to live by our selves Nor must we have any share of their Trade or carry on a Trade by our selves Is it not plain then that the Faction oppress us and yet we must not complain of this sort of Treatment 2. If the State of Affairs in Ireland be consider'd it will appear to be such as may make it dangerous to suffer the Scots to be oppressed and provok'd in this manner It is well enough known that the People of Ireland are not very well pleas'd with their Treatment by some in England This together with the great numbers of Scots in the North of that Kingdom who bear a natural Affection to their Country and would be very uneasy to see its Ruin may prove of dangerous consequence in case of a Rupture with Scotland 3. It will further appear to be the Interest of England not to suffer the Scots to be so much run down if they consider the posture of their own Affairs at home The Divisions and Animosities betwixt the several Parties in England are well enough known So that besides the Sport it would afford to the common Enemy of our Religion and Country to see those two Nations engaged in War the Enemies of the present Government would be sure to improve it and watch for an opportunity to avenge themselves for what has been done against the late K. James and his Friends It is well enough known what hopes they and some People beyond Sea conceive from the Differences that this Treatment of the Scots may probably occasion and as they have an irreconcilable Hatred against our Nation because we declar'd so generally against the late King and are so zealous for his present Majesty there 's no doubt but they will foment our Divisions as much as they can and insinuate themselves with both Parties in order to set them together by the Ears They know that so many as fall in England of those who adhere to the present Constitution and so many as fall in Scotland for supporting the Trade and Freedom of their Country so many Enemies they are rid of therefore there 's no question but they promise themselves a plentiful fishing in such troubled Waters It likewise deserves the consideration of our Neighbours that they don't stand at present in very good terms as to matter of Trade with France Holland and Flanders nor is it well known what the Issue of the present Controversy with Spain about regulating their Succession may be The impending differences betwixt the Northern Crowns may perhaps in a little time imbroil them with one or other of them and affect their Trade also on that side All which being consider'd it would seem to be the Interest of England to assure themselves of the Friendship of the Scots by treating them in a kind and neighbourly manner 4. It will appear in particular not to be the Interest of the Dissenters and sober Churchmen that the Scots should be thus run down because their own Ruin will be the unavoidable Consequence of it This they may soon be convinc'd of if they will give themselves leave to consider how they were treated in K. Charles the First 's time when the Court did swell with so much Rage against the Kingdom of Scotland for asserting their Liberties then as they do now All those Church of England-men that could not conform to the Innovations brought into the Church by Laud and his Party were treated as Puritans and Schismaticks and those that appear'd for the Liberties of the Nation against the Ship-money and other Arbitrary Impositions of the Court were treated as Rebels and Traitors If they look into the two last Reigns it will appear as plain as the Sun that when Scottand was oppress'd and their Liberties wrested from them the Dissenters and moderate Church-men in England were brought under the lash the former were depriv'd of their Religion and Liberties and the latter expos'd to destruction by Sham-plots c. because of their appearing for the Laws of their Country We need mention no more Instances to put this out of Controversy than those deplorable ones of the Earl of Essex and Lord Russel to which we may add the shameful and barbarous Treatment of the worthy Mr. Johnson Chaplain to the latter because he so excellently defended with his Pen the Birth-right and Freedom of all true Englishmen From all this it will appear that England in general must suffer by the Ruin of Scotland and that those who have all along stood up for the English Liberties must lay their Account to come under the lash if once our Necks come under the Yoke therefore we dare appeal to the sober Men of the Church of England Whether it be their Interest that a Nation which agrees with them in all
the Articles of their Church those about Discipline excepted should be destin'd to ruin because we believe with most of the Reformed Churches that there is no Office superiour to that of a Presbyter of divine Institution Must we be denied the Privileges of Men and Christians because we think that the Discipline of the Church may be more safely intrusted and more faithfully administred by the joint Indeavors of the Minister and the Heads of his Congregation by an Association of neighbouring Ministers and the Heads of their Parishes and by Delegates both of the Clergy and Laity of those Associations in a general Convocation than by another Model But enough of this Subject Let any Man peruse the learned Archbishop Vsher's Treatise of Presbytery and Episcopacy reconcil'd and there they will find that the difference is not so great as some People have made it their business to make the World believe But if nothing less than our destruction will serve those Gentlemen because our Church is of a different Constitution from that of England and that our political Principles and original Constitution are diametrically opposite to arbitrary Power let the Dissenters of England and all those Church-men that concurr'd in the late Revolution look to it When their Neighbour's House is on sire it's time for them to prepare their Bucket's If this Digression be thought impertinent H s and the Answerer of the Scots Defence must bear the blame of it They would insinuate to the World that the Affair of our Trade and Colony is a Presbyterian Project on purpose to render it odious and suspected to the Church of England therefore it was necessary to obviate that false and malicious Suggestion and to acquaint our Neighbours that the Company make no difference as to the matter of Perswasion and let it be put to the Test when they please it will be found that those of the Episcopal Opinion are as zealous for the thriving of our Trade and the Honour of our Nation both of which are concern'd in this Affair as any of the other To wind up this matter if any Party in England entertain suspicions of us the better way to prevent us is to treat us kindly and enter into an Union with us on such Terms as his Majesty and the Parliament of both Kingdoms shall agree and so as the Civil and Religious Liberties of both People may be preserved That will be casier and safer than to relie on the Hopes of an uncertain Conquest or if they don't think fit to do so it 's but reasonable they should leave us in the undisturb'd possession of our own Liberties But if they will do neither let them no more accuse those that complain of this Treatment as Incendiaries but seriously examine whether they themselves mayn't with more Justice be accounted Oppressors PART II. Being a more particular Answer to H s's Libel WE come in the next place to take a Survey of H s Libel intituled The Defence of the Scots abdicating Darien and shall speedily shew to how little purpose his Suborners have spent their Pains and Mony on him The first Line of his Performance is a Banter upon his Majesty whom he charges with investing our Company with immense Privileges and Immunities by his Octroy of 1695. There 's no Man can be answerable for more sense than God has given him but tho H s understood no better his Masters at White-hall of whom he brags so much ought to have taken care that he should not run into Nonsense and an Invective against his Majesty at first dash To talk of granting us immense Privileges is to impeach his Majesty's Wisdom as if he had done a thing without parallel which is directly to incense the Kingdom of England against him as some bad People indeavour'd to do when by a Misrepresentation of our Design they stir'd up the House of Commons against it But had the Surgeon or his suborners look'd into the Privileges of 21 Years freedom from all manner of Taxes granted to the Dutch East-India Company by the States of Holland and the vast Immunities granted by the French King the Danes and Brandenburghers to their Companies for trading to the East-Indies or even to those granted to the English East-India Company at first they would have found there was no reason to charge his Majesty with granting us such immense or unparallel'd Privileges or ascribing it to his not well knowing what he did for the noise of the Guns at Namur as this petulant Scribler does Dedication pag. 9. But if H s and his Suborners exclaim against our Privileges as immense they are resolv'd to diminish the Authority by which they were granted and call it only by the name of an Octroy which signifies no more than a Patent whereas our Privileges were granted us by an Act of Parliament which are greater and more sacred than all the Octroys in Europe Thus thro Ignorance or Malice they think fit to vilify his Majesty's Conduct and Authority which they pretend to defend Their Malice is further demonstrated by the Parenthesis to be presum'd in the 2d page of the Decation where they speak of his Majesty's Promise to interpose his Royal Authority to do us right in case of disturbance and that at the publick Charge to be presum'd of his antient Kingdom There might possibly have been some need of their presumption had all Mankind been indow'd with as little Sense and Honesty as H s and his Suborners for no other Body could ever presume it to mean any thing else since our Acts do not oblige England tho if they had presum'd that our Enemies would take eare that the said Promise should not be kept the refusal of lending our Company the 3 Men of War built at the Charge of our own Nation would soon have convine'd the World that they had presum'd too true We have accounted for rejecting Mr. Douglas's Proposal elsewhere nor shall we take notice of H s's scurrilous Reflections on Mr. Paterson which only discover his own Temper but do that honest Man no hurt As to his charging us with squandring away 50000 l. on 6 Hulks at Amsterdam and Hamburgh purely to make a noise of our Proceedings c. we would desire him and his Suborners to reconcile it with what they say from p. 14 to 20. where they own themselves that the Dutch and Hamburgers were both mightily pleas'd with the Design p. 14. That the Dutch were tickled with the Conceit that they should be Sharers in the Scots Trade and p. 16. they say That that which gave the dead stroke to the Scots Design was the East and West-India Companies running open mouth'd to the Lords of Amsterdam shewing what was hatching by the Scots Commissioners in their City to ruine the Trade of the Vnited Provinces P. 17. they tell us That the Hamburgers thought it the more their Interest to embrace the Project the more that the Dutch oppos'd it P. 18. That our Affair was
generally favour'd by the Burgers of Hamburg and p. 21. That the Government of England sent the Senate of Hamburg a Caution by Sir Paul Ricaut to take care how they suffer'd their Burghers to embark with us So that here we condemn them from their own mouths It being plain from those Concessions that we did not idly squander away our Money at Hamburgh and Amsterdam but that both those trading Cities approv'd our Design and would have engag'd in it had not the Court of England and the Dutch oppos'd it and therefore what loss of Mony we sustain'd in those places must be charg'd to their Account so that H s hath verified the Proverb That Liars have need of good Memories This is not the only Instance wherein those of H s and his Suborners have giv'n them the slip for in the 4th page of the Dedication they upbraid the Company with their blind Project at which the trading part of the World stand amaz'd yet p. 17. they tell us that the Project was reasonable both on the Scots and Hamburghers side and the Reasons they give are these That the River on which that City stands is navigable for 200 Miles up into Germany for flat-bottom'd Vessels of 70 or 80 Tuns which gives them an opportunity of serving all the North Parts of the Empire c. All that they can say to salve this Contradiction is That the Hamburghers knew nothing of Darien but builded altogether on Ships laden with India Goods but that 's a notorious Falshood for the Hamburghers were actually told that our Design was on the Isthmus of America and therefore could not be disappointed in their Expectations of an East-India Trade if they had a mind to have follow'd it since they could not be ignorant that they had thereby an opportunity of shortning the Voyage from Darien to the East-Indies But at the same time it is much to be question'd whether the Hamburghers were so intent upon an East-India Trade as H s alledges since it must visibly prejudice their own Manufacture of Linen We shall conclude this of Hamburgh and Amsterdam with one Observation viz. that he tells us p. 14. That one of the Reasons why the Dutch were so much taken with our East-Indian Trade was our Exemption from Duties for 21 years which serves only to discover his own Folly and Malice since every Body must necessarily know that exemption from Duties was only in the Scotish Ports so that if they were exported from thence into any other Country they must pay the same Duties in those Countries as if they had been directly imported from the East-Indies The Inconsistency of H s and his Suborners is further demonstrated p. 4. bysupposing our buying a couple of second-hand Ships in the Thames and dispatching them to India with a sutable Cargo As to the buying of second-hand Ships the Company made that Experiment but found themselves losevs by it and that it cost them more to fit up a second-hand Vessel for their purpose than it would have done to have bought a new one But with what Front can they upbraid us with not buying of Ships in the Thames for carrying on an East-India Trade when they own p. 7. that the House of Commons baulk'd us of our Subscriptions and reprimanded the Subjects of England for their foolery How is it possible then that they would have suffer'd our buying Ships in the Thames for carrying on an East-India Trade We have another proof of his Ingenuity and Truth in that same Page where he tells us that if our blind Project meaning that of Darien should miscarry by our own ill Management it is not fair we should snarl at our Neighbours who have no other Hand in our Misfortune than that they would not be accessary to any Act which the World might judg Felonious and wherein they could not join without engaging themselves in an unreasonable War and in the end to assist us with Weapons to break our won Heads We wish his Masters much joy of their Advocat and Evidence for we believe they could not have found such another if they had searched through all the Island He just now own'd that our Neighbours opposed our Subscriptions at home and abroad before they knew any thing of what he calls our blind Project and made us squander away 50000 l to little purpose whioh certainly must be a misfortune and that wherein our Neighbours had no small hand tho the World could not judg our taking Subscriptions in that Honourable manner to be any way Felonious We have moreover sufficently proved it elsewhere that they have had a hand in our Misfortune by down-right opposition and unaccountable Proclamations for which they had no Authority we hope that this will be allow'd to be something more than refusing to be accessary to an Act that neither he nor his Suborners will ever be able to prove Felonious and which we have already told him the Laws of England have in a parallel nay much worse case judg'd to be honest and righteous So that all this Author hath got by his charging us maliciously with Felony is to prove himself a wilful Felon for he tells us at the end of his Book of a long dispute betwixt himself and Sir J. Stewart his Majesty's Advocat for the Kingdom of Scotland about the Title of the Spaniards to Darien and if we may believe H s he baffled the Advocat and prov'd the Right of the Spaniards which proves himself to have engaged in a Design that he thought Felonious for we do not find by his own Relation that he left the place from remorse of Conscience but only on the Account of a Malladie Imaginaire and want of Provisions so that we thank him for telling the World from his own Mouth that his Evidence against us is that of a Felon As to their engaging themselves in an unreasonable War and assisting us with Weapons to break their own Heads we did not desire they should engage in a War for us but think it very unreasonable the English Court should have engaged so far as they have done against us It had been sufficient for them to have denied us their Assistance without having condemn'd us as guilty of breach of Alliance which as all the other parts of the opposition made to us we are satisfied is not the Act of the English Nation and therefore can create no misunderstanding betwixt them and us but perhaps may prove a Weapon in time to break the Heads of H s and his Suborners In the 5th Page that his Book may be all of a piece he advances a forg'd Obligation upon us from the Union of the Crowns which is that we are thereby deliver'd from the daily Feuds and bloody little Wars that rag'd amongst us for 1900 years which unnatural Massacnes our native Princes were unable to suppress c. This is down-right falshood in matter of Fact for those Feuds as he calls them ceas'd in the Lowlands
long before the Union but continue still in the Highlands which we can scarocly think is unknown to our Author who was born so near that Country as Dumbarton The Macdonalds have been several times in Arms against the Earl of Argile since the Restoration and there 's a Fend now depending between the Frazers and the Murrays or rather the Family of Athol Non did we ever hear of any thing that look'd so like an unnatural Massacre in Scotland as that committed since tho Revolution upon the Inhabitants of Glenco which had it not been for the Union of the Crowns would not have been suffer'd to go unpunished But admitting it to be true that the Union had deliver'd us from those little Feuds we are no gainers by the Bargain since it hath occasion'd greater pavticularly that unnatural Feud which rag'd so long betwixt the Episcopal Party and Presbyterians and had its rise altogether from the Union of the Crowns the very prospect of which was the sole cause why the Earl of Morton when Regent set up the first Protestant Bishops in Scotland Into what Couvulsions that Imposition threw the Nation is well enough known and how besides the bringing down K Charles I. with 30000 Men against our Kingdom and contributing to engage the Nations in a Civil War it occasioned King Charles II. to plunder the West of Scotland first by Sir James Turner which gave rise to the Insurrection at Pentland and twice afterwards by the Highland Host which occasion'd that of Bothwel-Bridg And afterwards the Oppression run so high that it forc'd some of the Presbyterians into unaccountable Actions which gave occasion to oppress the whole Party so that it was made punishable by Death for any of their Ministers to preach or for the People to hear them From this indeed we were totally delivered by the Revolution tho our freedom in that respect was partly begun by the late King James's Declaration But our Enemies unwilling that our Nation should be long at ease have found other Methods to set our Court against us And because they know that his present Majesty has too great a Soul to persecute any man on the account of Conscience our Enemies have chang'd their Battery and instead of pointing their Cannon at our Religion they level them against our Civil Liberties The Powder they prime their Artillery with is That we are Enemies to Prerogative But because this would not go down with the good People of England who are strenuous Assertors of Liberty and Property they must gild it over with the specious Pretence that we have a design to undermine their Trade and have unjustly invaded the Spanish Dominions This is the Design of H s and his Suborners and therefore they insist so much on our Clandestine Declarations as they call them that we publish'd in the English Plantations on purpose to drain them of their People but unhappily overthrow what they advance at the same time when they tell us That the Jamaica Sloops were Witnesses that we had neither Provisions nor Money for the sustenance of our own People pag. 148. And therefore it cannot reasonably be suppos'd that we had any such design as he malicioufly charges us with to draw over the People from the English Plantations since we had not wherewith to support our own but more of this anon Our Author learn'd the Maxim of Calumniare audacter aliquid barebit when he was a Papist And if he and his Suborners can be any way instrumental to set the Nations together by the Ears by this Method or if that fail if they can but raise Animositys between them they know it will be a good pretence for some people to put his Majesty upon pressing for a Standing Army and perhaps for having it enlarg'd it being necessary say they to overaw the Scors but in reality to protect such evil Counsellors from being brought to Justice that have advis'd to such Measures as visibly tend to the disadvantage of both Nations It may perhaps be worth the Enquiry of our Neighbours whether this be not the real meaning of this intolerable Oppression exercis'd upon our Nation as to their Trade both at home and abroad viz. that knowing our prafervidum Ingenium as they are pleas'd to call it to be impatient under Tyranny the Faction think thereby to provoke us to a resentment that may give occasion for raising an Army against us which if it have the good hap to subdue us or force us to digest our Oppresslon without any more to do shall be made use of afterwards to chastise themselves and bring them to better Manners then to limit their Monarchs in their Grants and leave them no other Troops but their Garisons and Guards It was the Observalton of the Earl of Shastsbury whom his Enemies will own to have been a great Statesman that Scotland is a Door to let in Good or Evil upon England which is verified in the latter at least by the whole Course of our History since the Union for when K. James I. succeeded in trampling upon us he quickly began to huff his Parliaments in England and notwithstanding all the Remonstrances of Church and State would needs have a Popish Match for his Son tho he should sacrifice the Great Sir Walter Rawleigh his own Daughter the Queen of Bohemia and her Children together with the Protestant Interest in Germany to make way for it When Charles I. obtain'd footing for his Impositions on the Church and State of Scotland it 's well enough known what Methods he took with England and how he sacrific'd the Protestant Interest in France whilst he eagerly pursued an Arbitrary Sway at home When Charles II. got his Prerogative exalted and an Army at his Call allow'd him in Scotland i'ts too late to be forgotten how he trod under foot the Liberties of England seiz'd the Charters of their Cities cut off whom he would by Sham-Plots and pav'd the way for Popery and Arbitrary Power When K. James II. did by his absolute Power and unaccountable Authority cass and annul all the Laws establishing the Reformation in Sootland it was not long e're he suspended the Laws imprison'd the Bishops and fill'd with Papists his Council Army and Universities in England From all which it is evident that our Neighbours have reason to look to themselves when we are oppress'd for in all probability their Acts of Parliament will not be long regarded when ours are annull'd and made void by the Intrigues of the Courtiers and West-India Proclamations The very Advocats of Tyranny make use of this as their Herculean Argument That the People having once resign'd their Privileges to the Crown have no more right to demand them which tho we will not allow to be any ways concluding yet we may very well make use of it ad hominem that a pari ratione when once a Prince has touch'd with his Scepter a Law for the benefit of his Subjects it is not in his power
Weight and greatness of the Trust reposed and the valuable Opportunity now in our hands being firmly resolved to communicate and dispose thereof in the most just and equal manner for increasing the Domimons and Subjects of the King Our Soveraign Lord the Honour and Wealth of our Country as well as the benefit and advantage of those who now are or may hereafter be concerned with us We do hereby declare That all manner of Pcople soever shall from hence-forward be equally free and alike capable of the said Properties Privileges Protections Immunities and Rights of Government granted unto us and the Merchants and Merchants Ships of all Nations may freely come to and trade with us without being liable in their Persons Goods or Effects to any manner of Capture Confiscation Seizure Forfeiture Attachment Arrest Restraint or Prohibition for or by reason of any Embargo breach of the Peace Letters of Mark or Reprizals Declaration of War with any foreign Prince Potentate or State or upon any other account or pretence whatsoever And we do hereby not only grant and concede and declare a general and equal freedom of Government and Trade to those of all Nations who shall hereafter be of or concerned with us but also a full and free Liberty of Conserence in matter of Religion so as the same be not understood to allow connive at or indulge the blaspheming of God's holy Name or any of his Divine Attributes or of the unhallowing or prophaning the Sabbath Day And finally as the best and surest means to render any Government successful durable and happy it shall by the help of Almighty God be ever our constant and chiefest care that all our further Constitutions Laws and Ordinances be consonant and agreeable to the Holy Scripture right Reason and the Examples of the wisest and justest Nations that from the Truth and Right cousness thereof we may reasonably hope for and expect the Blessings of Prosperity and Increase NEW-EDINBVRGH Decemb. 18. 1608. By Order of the Council Hugh Ross Secretary We dare refer it to the Scrutiny of the nicest Observers whether this Declaration infer any such thing as Plunder or a Patent from the King to pick a Quarrel with the Spaniards and to divide the Spoil of Mexico and Peru what clandestine Artifices are here to be found to drain the English Plantations and wherein does it interfere with the Interest of England any more than all free Ports must of necessity interfere with their Neighbours We wish that our Author would inform us how publick Declarations according to Act of Parliament can be call'd clandestine Artisices and defy him and his Suborners with all their art to find any thing pretended to in this Declaration but what the Colony has a right to by Act of Parliament The only thing this malicious Scribler can wrest to his Purpose in the Declaration is the Colony's publishing that all manner of Persons of what Nation or People soever c. should be equally free and alike capable of the same Privileges with themselves c. which are the express Words of the Act of Parliament and therefore supposing that the said Declaration should have influenc'd some People to come over to them from the English Plantations the Colony could not be any ways blam'd for it Qui utitur jure suo nil damni facit is a known Maxim in Maw The Libeller's Malice is not satisfied with reflecting upon our Colony but flies on the face of the greatest part of the English in the West-Indies as if they had so little Honour or Love for their native Country as to lay their own Plantations desolate and run over to ours Indeed if most of them be such Persons as himself there might be some ground for the Reflection but till it appears to be so we must beg Mr. H s's leave to have a better opinion of them No Man of sense can believe that those who found themselves at ease in the English Plantations would be fond of removing to a new Colony but if others who are at their freedom had a mind to do so we know of no reason they should be hinder'd The Subjects of England are a free People and not confin'd to their own Dominions but have liberty to trade and live elsewhere if they find their account in it There 's no man can blame the Scots for publishing their Declaration throughout the West-Indies the thing being absolutely necessary in it self and the natural Practice of all new Settlements to acquaint the World with the nature of their Design and on what Terms they may have Commerce with them We hope our Author and his Suborners will not say that the Subjects of England might not have traded with them for their own advantage provided their Title had been unexceptionable and seeing the Scots had reason to think it so it was no act of unkindness in them to let the English Plantations know that they should be very welcome to trade to Darien and how this could be done so properly and with so much effect as by Declaration our Author would do well to acquaint us The Gentleman and his Friends are very angry that we should have made use of the King of Great Britain's Name to give the more Authority to the thing We would very fain know their Reasons why it is not as lawful for the Scots to make use of that Name as the English and at the same time must take leave to tell the Renegado and his Whitehall Friends that all this Venom they have spit at the Scots Colony is a virulent Invective against his Majesty He impower'd them to do what they accuse them for by Act of Parliament and because our Antagonists have a mind to say that this Octroy as they call it was destructive to the Trade of England they find themselves oblig'd to make an Excuse for the King viz. that the honest Gentleman meant no harm at the granting of it for it is to be believ'd that he could scarce bear what was whisper'd for the noise of the Namur Guns which is in plain English he gave his consent to he knew not what A noble Defence for which his Majesty is oblig'd to them But Banter and Blasphemy they were fully resolv'd on and so they had but a Subject they car'd not what Nor Adam nor David nay nor the Almighty himself shall escape them but his Commission to the Hebrews when they departed out of Egypt must come in to make up the profane Jest thus Heav●n it self shall be charg'd at last with founding Dominion upon Grace and giving the Elect a Divine Right to the Goods of the Wicked after its being first thrown as a killing Reflection at the Heads of the poor Presbyterians H s will needs insist upon it in his Dedication that our Project on Darien was so secretly carried on that it was not known to England till the same Wind that brought the News likewise inform'd the Nation that the Scots were
a more false step in Government for when once People perceive that Princes have no regard to the Laws made for the protection and welfare of the Subject they will naturally think themselves absolv'd from such as require their Allegiance and support of the Soveraign That Mr. Paterson and the Scots Company should insinuate from the Octroy that we were to be assisted or defended by English Men of War or Money is nothing but a mixture of Falshood and Malice The Libeller owns that the Words of our Act cannot bear it and the World knows that our Parliaments never pretend to dispose of English Ships or Mony and therefore no man of sense will believe this Renegado when he says the Scots Company put that Gloss on the Text for their own advantage since that had been directly to expose themselves For we are not to suppose they could think the Dutch and Hamburghers so weak as not to peruse the Act it self which would soon have undeceived them Therefore all those Reflections which he protends the English Traders to India made upon it must vanish of course as having no manner of Foundation Much less can they serve to justify the Memorial given in at Hamburgh by Sir Paul Ricaut against our taking Subscriptions there Which Memorial tho minc'd by our Libeller yet ev'n as he represents it is against the Law of Nations and indeed scarcely reconcileable to good sense in the first place to call our Agents private Men who acted by the Company 's Authority and according to Act of Parliament and in the next place to suppose that the Hamburghers could possibly join with us in hopes of English Protection when the Opposition made to us by the Court of England was known all over Europe nay the Scribler himself owns P. 17. That the more Opposition the English and Dutch offer'd to the Project the more the Hamburghers thought it their Interest to embrace it This is sufficient to convince the Suborners that the next time they hire a Scribler to belie the Scots Company they must be sure to pitch upon one that has a better Memory His next Reflections P. 22 23. That our Ships were neither fit for Trade nor War that our Cargo was not proper that our main Design was the Buccaneer Trade that above 10000 l. was deficient of the first Payments and most of the Subscribers not able to raise their Quota are equally false with the rest The Ships for their Burden and Size are as fit either for Trade or War as any in Europe The Cargo of Cloth Stuffs Shoes Stockins Slippers and Wigs must needs be proper for a Country where the Natives go naked for want of Apparel and fit to be exchanged for other Commodities either in the English Dutch French or Spanish Plantations For Bibles we suppose our Libeller would rather we had carried Mass Books yet others will be of opinion that 1500 of 'em was no unfit Cargo Our own Colony might have dispens'd with that number in a little time nor were they unfit to have been put into the hands of such of the Natives especially of the younger sort that might learn our language For Hoes Axes Macheet Knives c. they were absolutely necessary for our selves and a Commodity much valued by the Natives Fifteen hundred square Buccaneer Pieces and proportionable Ammunition was no such extraordinary Store for eleven or twelve hundred men and whereas he maliciously insinuates that Buccaneering was our main Design the Event hath prov'd it to be false had that been our intent we might easily have invaded the Spanish Plantations at both ends of the Isthmus Sancta Maria nor Panama it self could never have been able to withstand such a force when a few undisciplin'd Buccaneers did so easily take them It 's well enough known there was a parcel of as brave Men that went with our Fleet as perhaps Great Britain could afford many of 'em inur'd to War and Fatigues and knew how to look an Enemy in the Face without being daunted They had giv'n proofs enough of that in Flanders where no men alive could fight with more Bravery and Zeal than they did for the Common Cause tho some People have since thought sit to starve them That there was above 10000 l of the 100000 l not paid in is false there was not above 2000 l wanting For those great men that thought their Countenance enough and therefore refus'd to pay in their Subscriptions he shall have our leave to name them but perhaps his Suborners will not care to have their Friends so much expos'd That most of the Subscribers were unable to raise their Quota is demonstrably false by our sending away two Convoys since the thirds being greater by far than the first and that we are now preparing a fourth As to the Companies charging 25 per Cent. advance on every Article of the 19000 l Stock it 's well enough known that so much Advance is thought nothing in a West-India Trade it was all the profit the Company was to have and only charged in the Books by way of Formality that the Colony might know what they were indebted to the Company His Story p. 23. of its being propos'd in the Company to sell off their Ships and Cargo and divide the Product amongst the Subscribers is nothing eul our dishonour nor at all to be wondred at considering the unreasonable opposition we had met with from Court That we rejected it as inglorious argues still that we are not so mean-spirited as he elsewhere represents us His base Reflections p. 24. on the Company as if they had despair'd of the design and sent their men to Sea on purpose to perish and on Drummellier that be order'd the Colony to get Mony honestly if they could but be sure to get it and if they came home without it then the Devil get them all serve only to discover his own Temper and that he thinks all men act and speak like himself We have faid enough already to demonstrate the Honesty of both Company and Colony Had their design been to get Mony without regard to Honesty they would not have been starv'd to death by the Proclamations and other opposition made them at Court they could quickly have possessed themselves of the Spanish Mines which the Scribler owns p. 164. were within twelve Leagues of them and with much more ease of the 40000 l that was sunk in the French Ship But he serves the Suborners for their Mony much at the same rate he did the Scots Company His Reflection p. 25. that Mr. Stratford was oblig'd to arrest our Ships at Hamburgh for 800 l Flemish as they were fitting out serves only to discover his own malice and folly Mr. Stratford had very good Security for 800 l Flemish when he had four Ships in Port not yet fitted out and his receiving his Mony in a fortnight or three weeks as the Libeller owns in the same Paragraph shows he had no ill