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england_n	ireland_n	king_n	lord_n	18,305	5	4.0686	3	true

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

Lieutenant Governour and Commander in Chief in and over this his Island of Jamaica and other the Territories depending thereon in America and Vice-Admiral of the same A PROCLAMATION WHereas I have received Commands from his Majesty by the Right Honourable James Vernon Esq one of his Majesty's Principal Secretaries of State signifying to me that his Majesty is unacquainted with the Intensions and Designs of the Scots settling at Darien And that it is contrary to the Peace entred into with his Majesty's Allies and therefore has commanded me that no Assistance be given them These are therefore in his Majesty's Name and by Command strictly to command his Majesty's Subjects whatsoever that they do not presume on any pretence whatsoever to hold any Correspondence with the said Scots nor to give them any Assistance of Arms Ammunition Provisions or any other Necessaries whatsoever either by themselves or any other for them or by any of their Vessels or of the English Nation as they will answer the Contempt of his Majesty's Command to the contrary at their utmost peril Given under my Hand and Seal of Arms this 8th day of April 1699. And in the 11th Year of our Soveraign Lord William the Third of England Scotland France and Ireland King and of Jamaica Lord Defender of the Faith c. WILLIAM BEESTON Barbados By his EXCELLENCY A PROCLAMATION WHereas his Majesty has been pleased to signify his pleasure to me by Mr. Secretary Vernon that he hath been advertised that several Ships of Force fitted out of Scotland were arrived at the Island of St. Thomas with an Intention as they declared to settle themselves in some part of America Their Design being unknown to his Majesty and least the same should derogate from the Treaties his Majesty hath entered into with the Crown of Spain or be otherwise prejudicial to any of his Majesty's Colonies in the West-Indies These are therefore in his Majesty's Name by and with the Advice and Consent of the Council strictly to command all his Majesty's Subjects inhabiting within this Island that they forbear holding any Correspondence with or giving any Assistance to any of the said Persons And that no Provisions Arms or other Necessaries whatsoever be carried to them as they shall answer the same at their peril Given under my Hand this 13th of April 1699 and in the Eleventh Year of his Majesty's Reign R. GRAY By his Excellency Richard Earl of Bellomont Captain General and Governour in chief of his Majesty's Province of New-York and Territories depending thereon in America and Vice-Admiral of the same A PROCLAMATION WHEREAS his most excellent Majesty hath received Advice That several Ships of Force fitted out of Scotland were designed to settle themselves in some parts of America and lest the same should derogate from the Treaties his Majesty hath entred into with the Crown of Spain or be otherwise prejudicial to any of his Majesty's Colonies in America his Majesty has been pleased to signify his Royal pleasure to me That I should strictly forbid all his Majesty's Subjects or others inhabiting within the Districts of my Government that they forbear holding any Correspondence with or giving any Assistance to any of the said Persons while they are engaged in the aforesaid Enterprize and that no Provisions Arms Ammunition or other Necessaries whatsoever be carried from hence to them nor be permitted to be carried either in their own Vessels or any other Ship or Vessel for their Use In pursuance of his Majesty 's said Royal Will and Pleasure I have thought fit by and with the Advice of his Majesty's Council of this Province to publish and declare his Majesty's Pleasure and by these presents do strictly charge and command all and every one of his Majesty's Subjects and others within this Province and Territories depending thereon in America That they forbear holding any Correspondence with or giving any Assistance to such Person or Persons who have been fitted out of Scotland in manner aforesaid are said to have settled in a certain place which they have called Caledonia That no Provision Arms Ammunition or other necessaries whatsoever be carried either in their own Vessels or in any other Ship or Vessel for their use from this Province or any part thereof And his Majesty's Collector and Receiver General and all other Officers of his Majesty's Custom-House are hereby required to take notice hereof accordingly And I do further strictly charge command and forbid by and with the consent of his Majesty's Council as aforesaid all his Majesty's said Subjects and others within this Province that they neither by themselves nor by any other Persons authorized by them contrary to his Majesty's Royal Pleasure as aforesaid hold any Correspondence or give any Assistance or enter into any Traffick or Commerce with such persons as are said to be settled in Caledonia aforesaid And if any Person or Persons within this Province by themselves their Factors or Agents shall contrary to and against the true intent and meaning of this his Majesty's Royal Will and Pleasure signified unto me as aforesaid hold any Correspondence or give any Assistance or enter into any Traffick or Commerce in manner aforesaid then all such Person or Persons so acting as aforesaid shall incurr such Pains Penalties and Forfeitures as by Law in such Cases are provided And all his Majesty's Subjects and others within this Province are hereby required to take due notice hereof and to observe his Majesty 's said Royal Will and pleasure in all and every of the Premisses as they will answer the contrary at their peril Given at Fort William Henry in New-York the 15th day of May 1699. and in the Eleventh Year of his Majesty's Reign By Order B. Cole Cl. Concilii Bellomont God save the King Printed by W. Bradford Printer to the Kings most Excellent Majesty in New-York 1699. By his Excellency Richard Earl of Bellamont Captain General and Governour in chief of his Majesty's Provinces of the Massachusetts-Bay New-York c. in America and of the Territories thereon depending and Vice-Admiral of the same A PROCLAMATION WHEREAS his most Excellent Majesty having received Advice that several Ships of Force fitted out in Scotland were arrived at the Island of St. Thomas with an Intention as they declared to settle themselves in some parts of America Lest the same should derogate from the Treaties his Majesty has entred into with the Crown of Spain or be otherwise prejudicial to any of his Majesty's Colonies in the West-Indies his Majesty has been pleased to signify his Royal Pleasure to me That I should strictly forbid all his Majesty's Subjects or others inhabiting within the Districts of my Government that they forbear holding any Correspondence with or giving any Assistance to any of the said Persons while they are engaged in the foresaid Enterprize and that no Provision Arms Ammunition or other Necessaries whatsoever be carried to them from thence nor be carried either in their own Vessels or any

of Violence and Hostility as if every Settlement in America were an Encroachment upon the Right of Spain There is lately a Memorial offered in behalf of the King of Spain to one of the Secretaries of State of the Kingdom of England to the Effect following My Lord Ambassador of Spain finding himself oblig'd by express Order to represent to His Majesty of Brittain what follows Prays Mr. Vernon to represent to his said Majesty That the King his Master being informed from several parts and last of all by the Governour of Havana of the Insult and Attempt of some Scots Ships equipt with Men and Ammunition necessary who endeavours to post themselves in the Soverign Dominions of His Majesty in America and particularly in the Province of Darien His Majesty received this Information with Dissatisfaction as a Mark of little Amity and a Rupture of the Alliance which is betwixt the two Crowns which His Majesty hath always observed very Religiously and from which so much Advantage and Profit hath resulted both to His Majesty and his Subjects after which good Correspondence His Majesty did not exspect such sudden Attempts Insults from His Majestys Subjects and that in time of Peace without any Pretext or Cause in the most inward part of his Dominions All that the King desires That this be presented to His Majesty of Brittain and that His Majesty is very sensible of such Hostilities and Unjust Procedures against which His Majesty will take such Measures as are convenient London May 3d. 1699. THe Charge is great and if it can be made appear that the King of Spain is Invaded as is pretended it is but Reason there should be just Reparation It must be acknowledged That it is a fair way of dealing that the Spanish Rights and Pretensions are thus asserted by Memorial and an Opportunity afforded and that the whole World may be satisfied that His Sacred Majesty the King of Great Brittain hath granted no Patent to His Subjects in Scotland disagreeable to Treaties with Spain and that the Scots Company have not exceeded the Limits of their Patent to the prejudice of Spain There may be many Reasons offered to satisfy Spain and all other Nations of Europe except the French that if the Scots had not settled in that Isthmus or if they were now to remove from it the same would be possess'd by another People more dangerous to the Interest of Spain and in due time it may be made appear that the Scots Settlement is for the Honour of the King the Interest of England but the present design is only to satisfie the World that the Patent granted by His Majesty was agreeable to the Treaty with Spain and that the Scots Company have not exceeded the Terms of their Patent and that they have Right to what they possess in the Isthmus of Darien according to the Law of Nations and that most part of the Nations in Europe have settled Plantations in the American Islands or Continent upon no other Foundation than the Scots It is the Interest and Policy of all Governments to improve the Natural Product of a Countrey and to encourage Forreign Trade The Experience of all Nations makes appear That nothing contributes so effectually to these ends as Forreign Plantations Scotland is amongst the last of the Nations of Europe in settling Forreign Plantations tho' there be few that can propose more Advantage that way because the Nation affords many Subjects of Manufacture and abounds in Men which is the greatest Riches as well as the Strength of a Nation Yet for want of Forreign Plantations many have been useless and burdensome to their Native Countrey and have been constrained to serve Abroad in Forreign Wars or into Plantations of other Countreys And it is to be observed that wherever they have planted they have encreased and multiplied as particularly in Ireland but no part of the Benefit does accrue to their Native Countrey The Nation has very long desired Forreign Settlements of their own and did make some Attempts that way which proved ineffectual for want of due Encouragement but His Sacred Majesty as Father of his Countrey regarding the Welfare of it did endue the same with suteable Encouragements by the 32d Act Par. 1693. and by the 8th Act Par. 1695. Yet both these Laws were granted with a due regard to all former Planters And did only allow them to plant Colonies build Cities Towns and Forts in Asia Africa and America upon Places not inhabited or in or upon any other Place by Consent of the Natives or Inhabitants thereof and not possessed by any European Sovereign Potentate Prince or State By these Acts of Parliament and Patent conform His Majesty did sufficiently provide that the Possession of no European Prince should be invaded or molested And if Spain be injured the Company must acknowledge that the Injury flows from them by exceeding the Limits of their Patent It remains to be cleared in behalf of the Company that they have strictly observed the Rules prescrib'd by the said Acts and Patent The King of Spain's Title to America by the Pope's Bull is rejected by the common Consent of all the Princes and States in Europe who could not have settled there without Injury to Spain if the Pope's Bull had been a sufficient Title and neither Spain or Portugal hath relyed upon that Title the one having planted in the East-Indies and the other in the West without regard to it And this Title is sufficiently discussed by Grotius in his Mare Liberum Cap. 3. and will never be insisted on any where and least of all in Brittain America being inhabited by Natives before Spain or any European People settled there it is most certain that the Right and Property did originally belong to these Natives because the Earth was created for and freely given by the Creator to the Children of Men and the most Ancient and Uncontraverted Right of Property of the Earth is by Occupation and Possession which is an outward Act of the Body quasi positio pedis and not an inward Act of the Mind which cannot be known to others beside many Mens wills might concur in wishing and liking the same thing but their Bodies cannot concur in possessing it and an outward Act of Possession warns others to abstain The Property that originally belonged to the Natives could only be transferred from them to Spain by Conquest or Consent and Spain can pretend neither of these Titles to the Isthmus where the Scots have settled It is alledg'd for Spain That they do possess the Isthmus of Darien in as far as they are undoubted Masters of the Bay of Panama and the whole Coast of the Isthmus upon the South Sea They have likewise Carthagena and Portobello on the North Sea and they are Masters of the whole Countrey betwixt Carthagena and Portobello and so must be reckoned Possessors of all because Possession doth not require the particular Occupation of every part of a Countrey

but Occupation of one part is a sufficient Act to demonstrate the Will and Intention to possess the whole Pertinents And the Spaniards having possess'd these two Extremes the middle Space belongs to them especially seing they have also settled in other Places betwixt these two as their Conveniency did require tho' they did afterwards quite these Possessions as particularly they once possessed Nombre de Dios and did also plant within the River Darien and tho' they did quite these Possessions they did not relinquish or repudiate their Right but being better informed they choosed more convenient Seats but still reckoned themselves Proprietors of the whole Isthmus and divided the same in several Jurisdictions And the Natives upon that Isthmus were a mean inconsiderable People not to be regarded who could not be thought to retain any Right or Property in Opposition to the Power of Spain They further add That Spain hath been considered as undoubted Proprietors of the Bay of Mexico and of that Isthmus by other Nations in Christendom and most particularly by the English as is well known and will clearly appear in two remarkable Instances Several English Merchants having advanc'd their Stock for settling a Plantation at Port-Royal in the Bottom of the Bay of Campechay for cutting of Logwood they desired the Countenance and Protection of the Government for carrying on this profitable Trade The Case was considered by the Council of England and it was not found just to allow the Protection of the Government but were only left in a Permissive State to manage their Trade upon their Peril The Second Case which comes closer to the present Question was a Proposal by certain English Undertakers to settle in Darien as the Scots have done which being brought to the Council of Trade of England and by them laid before the Lords Justices in His Majesties Absence and transmitted to the King himself Upon a full Consideration of the Case that Project was thought to be an Encroachment upon Spain and let fall The King himself and Council of England being satisfied of the Right of Spain in these particular Cases of English Undertakers the same Judgment ought to follow in relation to the Scots Company To all that is alledged it 's shortly and clearly Answered That Spain hath neither Right by Treaties nor Possession to the Countrey now possess'd by the Scots And 1st Tho' it be acknowledg'd that the Spaniards have more Strength and larger Possessions on the South than upon the North Sea yet no Possession there can be extended to the North-side of the Isthmus being possess'd by a People Independent who never received the Spaniards or became subject to them The Spaniards indeed have made great Settlements upon the South Sea and in so far as they have possess'd have restricted the Natives to narrower Bounds but the Indians still continuing to possess what remains Possession on the Coast or the Mouths of Rivers on the South Sea can never be extended to the North Coast And the Spaniard can condescend upon no Ground in Law or Reason for such an Extension nor can they make appear that what the Scots possess is Part and Pertinent of their Plantation especially considering that the Isthmus of Darien is naturally divided by a Ridge of high Hills running from East to West Neither doth the possession of Carthagena and Porto-bello give Right to the interveening Countrey which is above 80 Leagues or 240 English Miles and these particular Forts as well as the whole Spanish Plantations on the South Sea being fixt without consent of the Natives who continue their Possession in the interveening Countrey without any Subjection to or acknowledgment of the Spaniard It lyes upon the Spaniards to condescend by what Rule the Limits of these Possessions can be so far extended As to what is alledged That the Spaniards have other Plantations nearer to the Scots Settlement from which they removed but still retain Possession and Jurisdiction It is Answered Admitting the matter of Fact as alledged it comes to nothing For still it is to be remembred That the Spaniard will not pretend to have planted with the consent of the Natives Nor that the Darien Indians have ever acknowledg'd Subjection but they planted by Force and Violence And therefore whatever Forts they made in the Isthmus of Darien the moment that these Plantations were left the Right and Possession of the Natives did return It is freely acknowledged That Possession lawfully obtain'd by an outward Act of the Body is retain'd by Acts of the Mind if no other possess but when Possession is taken by way of Fact and not actually detained the Right and Possession returns to the lawful Proprietor 2. This alledged Possession of Nombre de Dios and in the River of Darien is only pretended to have been at their first Settlement in America before they possess'd Carthagena and Porto-bello 3. None of these pretended Settlements are within 20 Leagues of the Scots Colony And tho Spain had yet Plantations there the Limits could as little be extended to 20 Leagues beyond the actual Possession as to a Thousand Neither can the Spaniards prove any Act of Jurisdiction over the Darien Indians whatever Title they may think fit to give to Governours or Vice-Roy's in America the Scots do neither know nor are oblig'd to notice the same If Titles were enough the King of Spain assumes a Glorious Title of Indiarum Rex but he has no more Jurisdiction over the Darien Indians than in the Plantations of any other European Prince As to what is alledg'd upon the Opinions given by the King and Council of England in relation to His Majesty's English Subjects projecting Settlements in America The Circumstances of the Projects and the Motives of any Resolution taken in them are wholly unknown to the Scots and nothing can be founded on such Matters of Fact unless the whole Circumstances were Authentically instructed or acknowledg'd but whatever was thought proper in these Cases nothing can be inferred from thence to determine this A Project is to be regulated either by Law or by Conveniency And it 's very ordinary and suteable That his Majesty and the Government may discourage the Project of an Undertaking if not Convenient tho lawful But when a Project is Undertaken Carried on and a Settlement made in pursuance of express Acts of Parliament and conform to a Patent there 's no more place to Deliberate what is fit but what is Lawful If the whole Circumstances were known many Disparities might also appear and from the bare relation of the Case of the intended Settlement in the Bay of Campechay a manifest Disparity is evident The Bay of Campechay is in the Province of Nicaragua in the Diocess of Chiapo which Province and Bishoprick are part of the Ancient Empire of Mexico which was conquered by Spain By the Conquest of Mexico the King of Spain as Conquerour had Right of Sovereignty as far as the Dominions of Mexico did extend and the

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