Parliament together with His Majesty's Letters Patent under the Great Seal of this Kingdom our Company is establish'd with such ample Priviledges and Immunities as were thought most proper for encouraging both Natives and Foreigners to joyn in the carrying on supporting and advancement of our Trade We have in pursuance and upon the publick Faith thereof not only contributed at home a far more considerable Joint-Stock than was ever before raised in this Nation for any publick Undertaking or Project of Trade whatsoever but have also had all the promising Hopes and Prospect of Foreign Aid that our Hearts could wish till to our great Surprize the English Ministers at Hamburgh have under Pretence of Special Warrant from his Majesty put a stop thereto by giving in a Memorial to the Senate of that City threatning both Senate and Inhabitants with the King 's utmost Displeasure if they should countenance or joyn with us in any Treaty of Trade or Commerce As by the annexed Copy thereof may appear Upon due Consideration whereof we have in all Duty and Humility address'd His Majesty in June last for Redress thereof In answer to which Address His Majesty was then graciously pleased to signifie by his Royal Letter That upon His return into England He would take into Consideration the Contents of our said Address And that in the mean time He would give Orders to His said Ministers at Hamburgh not to make use of His Royal Name or Authorty for obstructing the Trade of our Company with the Inhabitants of that City In the full Assurance of which we rested secure and took our Measures accordingly till to our further Surprize and unspeakable Prejudice we found by repeated Advices from Hamburgh that the said Resident continues still Contumacious and is so far from giving due obedience to His Majesty's said Order that upon Application made to him by our Agent in that City with all the Respect due to his Character he declared That as yet he had got no such Order on our behalf Which by a further Address we are now to lay before His Majesty But whereas we humbly conceive your Lordships to be more immediatly under His Majesty the Guardians of the Laws and Liberties of this Kingdom we think it our Duty to represent to your Lordships the Consequences of the said Memorial both with relation to our Company in particular and the Priviledges Interest Honour Dignity and Reputation of the Nation in general Your Lordships very well know of what Concern the Success of this Company is to the whole Kingdom and that scarce any particular Society or Corporation within the same can justly boast of so unanimous a Suffrage or Sanction as the Acts of Parliament by which this Company is established So that if effectual measures be not taken for putting an early stop to such an open and violent Infringement of and Encroachment upon the Priviledges of so solemn a Constitution 't is hard to guess how far it may in after Ages be made use of as a Precedent for invading and overturning even the very Fundamental Rights Natural Liberties indisputable Independency of this Kingdom which by the now open and frequent Practises of our unkind Neighbours seem to be too shreudly pointed at And should this Company wherein the most considerable of the Nobility Gentry Merchants and whole Body of the Royal Boroughs are concern'd be so unhappy which God forbid as to have its Designs rendred unsuccessful through the unaccountable evil Treatments of our said Neighbours most certain it is that no Consideration whatever can thereafter induce this Nation to join in any such other Publick tho' never so advantageous Undertaking as not doubting but to meet with the like or greater Discouragements from those who give such frequent and manifest Indications of their Designs to wrest our Right and Freedom of Trade out of our Hands For which cause we humbly offer the Premisses to your Lordship's serious Consideration not doubting but you will in your profound Wisdom and Prudence take such effectual Measures for Redress thereof at present and to prevent the like Encroachments for the future as may be capable to remove those Apprehensions and Jealousies which the bare-faced and avowed Methods of the English do now suggest not only to our Company in particular but even to the whole Body of this Nation in general Sign'd at Edinburgh the 22d day of December 1697 in Name Presence and by Order of the said Council-General by May it please your Lordships Your Lordships most Obedient and most humble Servant Fran. Scott Pr. A Letter from the Council-General of the Company to His Grace the Duke of Queensberry Edinb the 25th of Decemb. 1697. May it please your Grace THis is by Order of the Council-General of the Indian and African Company of Scotland to acquaint your Grace that by this Post there is a Second Address from the said Council-General transmitted to the Secretaries of State to be by them presented to His Majesty And the Subject Matter thereof being of so high a concern not only to the Company but also to the whole Nation It is not doubted but that your Grace both as a Patriot and a Party Interested in the Company 's Stock will imploy your Interest to second the same refering your Grace to the Bearer for particular Information of the whole Matter and what has been already done therein I am May it please your Grace Your Graces most Obedient and most humble Servant Fran Scot Pr. Mem That Letters to this purpose were at the same time written to such others of the Scots Nobility and most considerable Gentry as happen'd to be then at London A Letter from both the Secretaries of State in Answer to the Council-General of the Company 's second Address to His Majesty Kensingtoun Jan. 17. 1698. SIR VVE presented this Day to the King the Address of the African Company We could not have Opportunity to do it sooner His Majesty being so much taken up at this time The King said That he had already given Orders to his Resident at Hamburg in that Matter conforme to his Lettter he wrote from Flanders in July last which was communicated to the Company We are SIR Your humble Servants Tullibardin Ja. Ogilvy To Sir Fran Scott of Thirlestane To His Grace His Majesty's High Commissioner and the Right Honourable the Estates of Parliament The humble Petition of the Council-General of the Company of Scotland Trading to Africa and the Indies Sheweth THat whereas the Wisdom of the King and this present Parliament has thought fit by two several solemn Acts and Letters Patent under the Great Seal of this Kingdom to establish our COMPANY with such Power Priviledges and Immunities as were thought needful to encourage any such New Undertaking in this Nation particulary to raise a Joynt-Stock in such manner as we should think fit And for that End to enfranchise such Foreigners as would become Partners with us and to enter into Treaties
May it please your Majesty Your Majesty's most Faithful most Dutiful most Humble and most Obedient Subject and Servant Belhaven I. P. C. G. To which his Majesty was pleased to give the following Answer WILLIAM R. RIght Trusty and Well-beloved We greet you well Your Petition has been presented to us by our Secretaries and we do very much regret the Loss which that our Antient Kingdom and the Company has lately sustained We will upon all Occasions protect and encourage the Trade of the Nation And we will also take care that the Subjects of that our Kingdom shall have the same freedom of Trade and Commerce with our English Plantations as ever they had formerly Our current Parliament is adjourn'd to the 5th day of March next and we will order that the Parliament shall meet when we judge that the Good of the Nation does require it And so we bid you heartily farewell Given at our Court at Kensington the 2d day of November 1699 and of our Reign the 11th Year By his Majesty's Command Seafield To our Right Trusty and well-beloved The Council General of the Company of our Ancient Kingdom of Scotland Trading to Africa and the Indies To the Right Honourable the Lord High Chancellor and remanent Lords of his Majesty's most Honourable Privy Council The Humble Address of the Council-General of the Company of Scotland Trading to Africa and the Indies May it please your Lordships WE think it needless to trouble your Lordships with a repetition of the many Steps Difficulties and Discouragements that we met with all along both abroad and at home since the beginning of this Undertaking the most considerable of them being already particularly known to your Lordships But maugre all those Difficulties we have with a great deal of Trouble and vast Expenses settled a Plantation in one of the most valuable and impregnable Places in all America situated on the North-side of the Istumus of Darien called by us Caledonia As no Nation in Europe ever begun any such Settlement with so considerable a Strength of Men Ships and other Necessaries as we did So no instance can be given of any Settlement ever heretofore made that had so hopeful an Aspect in so short a time as our Plantation aforesaid But to our and the Nation 's inestimable Loss we have very surprizing Advices of our Peoples having deserted the said Settlement by reason of Proclamations issued forth in all his Majesty's Plantations of America strictly forbidding all his Majesty's Subjects to hold any manner of Correspondence with our said Colony and that no manner of Provisions Arms Ammunition or other necessaries whatsoever should be transported or carried to them either in their own Vessels or any other Ship or Vessel for their use and that under the outmost Pains Penalties and Forfeitures mentioned in the said Proclamations The certain notice whereof could not but have put them in a desperate Condition especially none of our Advices having come to their hands tho we wrote to them at several times by the several ways of Jamaica Barbados Antegoa New-England c. and sent them likewise an illimited Credit for buying of Provisions till our own Ships and Recruits should come up to them We have taken such further measures as seem'd most reasonable to us upon this unexpected Emergency but have too good ground to fear that not only what we have already done but even all that we are able to do must prove ineffectual if the King and his Parliament of this Kingdom do not give some encouraging Marks of their Favour and Protection to our said Company and Colony Wherefore we have in all humble Duty Petition'd his Majesty that he would be graciously pleased to take off the Force of the said Proclamations and allow his said Parliament to meet at the day appointed in November next or as soon as possibly may be to give their Advice and Assistance in such a weighty and general concern Your Lordships may very well know the great Losses both of Men and Treasure that we have already suffered by the unaccountable Proceedings of the Enemies of our Company and Colony Nor can we tell when to expect an end to such Methods against us unless his Majesty and the Great Council of the Nation fall upon proper and effctual Means for supporting so valuable an Undertaking May it the refore please your Lordships to take the whole Premisses into your most serious consideration and do us all the good Offices with his Majesty that in your profound Wisdom you shall think most expedient for supporting our Company and Colony's Interest and give him an account of our present Circumstances and how much the Honour and Interest of the Nation stands concern'd Sign'd at Edinburgh the 20th day of October 1699 in Name Presence and by Order of the said Council-General By May it please your Lordships Your Lordships most humble Servant Basil Hamilton J. P. C. G. A Letter from the Company To the Right Honourable The Viscount of Seafield one of the Secretaries of State for the Kingdom of Scotland My Lord THis is by Order of the Council-General of the Company of Scotland Trading to Africa and the Indies to acquaint your Lordship That we have prevail'd upon Lord Basil Hamilton to be at the trouble of going up with an Address to His Majesty from our said Council-General on behalf of Captain Robert Pinkarton and Thirty more who were wrongfully detain'd Prisoners at Carthagena since the beginning of February last and as we are inform'd are most inhumanely treated We are daily importun'd by their Relations who are very considerable for their Relief and it is of great concern to our Company that something material be speedily done therein not only for the sake of the said Prisoners but also that others may thereby see we do not abandon the Interest of such as engage themselves in our Company 's Service Lord Basil Hamilton is fully instructed in all matters relating to the said Address and other Affairs relating to our Company of which he 'll inform your Lordships Wherefore we entreat that your Lordship will be pleas'd to introduce him to His Majesty in presenting of the said Address and to assist him in procuring a gracious return from his Majesty in the considence whereof I remain Edinbr 4th Decr. 1699. My Lord Your Lordship 's most humble Servant Yester I. P. C. G. Memorandum Such another Letter was at the same time written to the Lord Carmichael the other Secretary of State The Company 's Address to His Majesty May it please your Majesty WE your Majesty's most dutiful Subjects the Council-General of the Company of Scotland Trading to Africa and the Indies having formerly in most humble manner represented to your Majesty how that we have with much Trouble great Expense and after many unexpected Stops and Difficulties settled a Plantation and Colony on the North-side of the Isthmus of Darien on the Continent of America precisely in the Terms of your
and Government the welfare of this Realm both as to its Religious and Civil Interest and to the full quieting the Minds of all your Majesty's good People This Address was presented to His Majesty at Hampton-Court the 16th day of November 1700. By the Right Honourable the Lord Yester Sir John Pringle of Stitchell and Sir Peter Wedderburn of Gosford Baronets Commissioners appointed for that end And upon presenting thereof the Lord Yester in Name of the rest Address'd the King thus Sir We are come here to present an Address to your Majesty Sign'd by a great Number of your Majesty's Loyal Subjects in Scotland who have no other design in it but your Majesty's true Honour and the welfare of their Native Countrey which we desire your Majesty would be pleased to hear read His Majesty after having heard the Address read was Graciously pleased to give the following Answer Gentlemen I Can not take further notice of this Address seing the Parliament is now met and I have made a Declaration of my Mind for the good of my People wherewith I hope all my faithfull Subjects will be satisfied Here I must beg pardon for having omitted the late Address of the House of Lords in England concerning the Endeavours of the Scots for having settled a Colony at Darien and His Majesty's Answer thereunto both which ought according to order of time to have been placed at Page 105 but rather than rob the Reader of having the benefit thereof it was thought fit to insert them here and they are as followeth The Humble Address of the Lords c. presented to His Majesty the 12th day of February 1700. VVE the Lords Spiritual and Temporal in Parliament Assembled being according to our duty solicitous for the preservation Encrease of the Trade of this Kingdom on which the Support of your Majesties Greatness and Honour so much depends as well as the Security and Defence of your People have been very apprehensive that the steps lately made towards a Settlement of your Subjects of the Kingdom of Scotland at Darien may tend to the great prejudice of this Nation and possibly to the disturbance of that Peace and good Correspondence with the Crown of Spain which we conceive is very Advantagious to us all We have therefore taken the same into our serious consideration as a matter of the greatest Importance and proper to be laid before your Majesty as the common Father of both Countries And as we are truly sensible of great Losses our Neighbour Kingdom hath sustained both by Men and Treasure in their Expeditions to that place which we very heartily lament so we should not endeavour by any Interposition of Ours to defeat the Hopes they may still entertain of recovering these Losses by their further engaging in that design but that we judge such a Prosecution on their parts must end not only in far greater Disappointments to themselves but at the same time prove very inconvenient to the Trade and quiet of this Kingdom On this occasion we humbly presume to put your Majesty in mind of the Address of both Houses of Parliament presented to your Majesty on the 17th of December 1695. In the close of which Address your Majesty will see the Unanimous Sense of this Kingdom in relation to any Settlement the SCOTS might make in the West-Indies by vertue of an Act of Parliament past about that time in the Kingdom of Scotland which was the occasion of the Address And we humbly represent to your Majesty that having received Information of some Orders your Majesty had sent to the Governours of the Plantations on this Subject the House did on the 18th of January last come this Resolution That your Majesty's pleasure signified to the Governours of the Plantations in Relation to the Scots Settlement at DARIEN was agreeable to the Address of both Houses of Parliament presented to your Majesty on the 17th of December 1695. And on the 18th of this instant February this House came to this further Resolution That the Settlement of the Scots Colony at DARIEN is inconsistent with the good of the Plantation Trade of this Kingdom All which we humbly hope your Majesty will take into your Royal Consideration and we are confident that your Majesty cannot be thought too partial to the Address of this House if your Majesty shall in the first place consider the Advantage and Good of the Trade of this Kingdom by the Preservation and Improvement of which both these Kingdoms and all your other Dominions must on all occasions principally be defended It is remarkable that this Address was carried only by Four or Five Votes and that the House of Commons absolutely refused to concur with it and that about Sixteen Peers entred their Protests against it His Majesties most Gracious Answer to the Address was to this effect Viz. HIS Majesty having received a very dutifull Address from the House of Peers in relation to the Endeavours lately used by some of His Majesties Subjects of the Kingdom of Scotland towards making a Settlement at DARIEN in which they humbly represent to him their Opinion That such a Settlement is inconsistent with the good of the Plantation-Trade of this Kingdom Is pleased to let the House know That he will always have a very great regard to their Opinion And to assure them that he will never be wanting by all proper means to promote the Advantage and Good of the Trade of England At the same time His Majesty is pleased to declare that he cannot but have a great Concern and Tenderness for his Kingdom of Scotland and a desire to advance their Well-fare and Prosperity is very sensibly touched with the loss His Subjects of that Kingdom have sustained by their late unhappy Expeditions in order to a Settlement at DARIEN His Majesty does apprehend that Difficulties may too often arise with respect to the different Interest of Trade between his two Kingdoms unless some way be found out to unite them more nearly and compleatly And therefore His Majesty takes this opportunity of putting the House of Peers in mind of what he recommended to his Parliament soon after his Accession to the Throne That they would consider of an Union between the two Kingdoms His Majesty is of opinion That nothing would more contribute to the security and happiness of both Kingdoms and is inclined to hope that after they have lived near 100 years under the same Head some happy Expediment may be found for making them one people in case a Treaty were set on Foot for that purpose And therefore he does very earnestly recommend this Matter to the Consideration of the House It is likeways remarkable that when the House of Lords fram'd and past a Bill of Union pursuant to His Majesty's said Answer The House of Commons rejected the same from Motives which I shall not presume to mention the same being already very well known to all those who know any thing of that Matter To His
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
Indian Prince but that Defence was look'd upon as a Jest and it was not for that Reason that he was acquitted It is Answered There was indeed a Treaty in the Year 1670 concerning America in particular whereby it was provided That the King of Brittain should have hold and enjoy for ever with full Right of Sovereignty Dominion and Property all those Lands Regions Islands Colonies and Places whatsoever situated in the West-Indics or any part of America which the said King and his Subjects did then hold and possess From which Article the Spaniards would infer that all the rest of America was lost by the King of Brittain as a Right and Dominion of Spain because that Spain ratifies the Possession obtained by the King of Brittain and there is not a mutual Ratification of the Possession of the King of Spain This Article can bear no such Inference for 1. The King of Brittain and his Subjects did not then nor do they now in the least question the Possessions of the King of Spain and his Subjects but the King of Spain did very much question the Right of the King of Brittain to several of his American Plantations not only upon the general Ground of an Universal Title to all the West-Indies which no European Prince will bear but likewise upon particular Claims that the English had beat out the Spaniards and enjoyed what had been once possess'd by them in several places And the former Treaties with Spain especialy that in the Year 1667 were only general establshing a perpetual Peace betwixt the Dominions and Teritories of Brittain and these of Spain But the Question remaining anent the Right and Dominion of these American Settlements to which the King of Spain did lay still a Claim The Treaty 1670 did renounce his Claim to the Colonies in the English Possession but did determine nothing as to those parts of America which were never Possess'd by the Spaniard or Brittish and if it had been intended that the Right of Spain to all America that was not possess'd by some other European Prince should be asserted and declared the same would not have been left to such remote conjectures but would have been specially express'd 2. The whole Tenor of that Treaty does sufficiently clear that no such thing was intended as to presuppose much less to assert the Right of Spain beyond actual possession For by the Second Article of the Treaty it is provided That there be an Universal Peace in America as in other parts of the World between the Kings of Great Brittain and Spain and between the Kingdoms States Plantations Colonies Forts Cities Islands and Dominions belonging to either of them and between the People and Inhabitants under their respective Obedience This Article in the Treaty relating to America only doth clearly demonstrate that both Kings were set upon an equal foot and did Treat for themselves and the People and Inhabitants under their respective Obedience and no further so that all matters were left untouched that did concern parts not Inhabited or possess'd by Natives who were never under obedience to either Prince nor would the Treaty have been for Plantations Colonies Forts c. equally and mutually if either King had pretended an universal Title or Right beyond Possession 3. The Eight Article doth yet further clear that the King of Spain had no Universal Claim but according to his Possession which Article provides that the Subjects Inhabitants and Mariners of the Dominions of each Confederate shall forbear to Sail to or Trade in the Ports and Havens which are fortified with Castles Magazines or Ware-Houses and in all other Places whatsoever possess'd by the other Party in the West Indies To wit the Subjects of Brittain shall not Sail into and Trade in the Havens and Places which the Catholick King holds in the Indies nor in like manner shall the Subjects of the King of Spain Sail into c. This Clause is plainly restrictive upon the King of Spain That the Subjects of the King of Brittain shall not Trade into these places of the Indies which belong to Spain for thereby it presupposes that Spain has no Universal Title and it s left free to the King of Brittains Subjects to Sail into and Trade in all Ports and Havens which have no Fortifications Castles Magazines or Ware-Houses Possess'd by the King of Spain and consequently it was lawful to have Sailed to and Traded with the Darien Indians where the King of Spain had no Fortifications Castles Magazines or Ware-Houses nor can clear any manner of Possession and if they might Trade with the Indians it must be acknowledg'd they might Settle among them It 's also provided by the Tenth Article that in case the Ships of either Party be forced by stress of Weather or otherwise into the Rivers Creeks Bays or Ports belonging to the other in America they shall be treated there with all Humanity and Kindness Which Article states both Kings again upon an equal foot and mentions the Right of both as restrictive to particular Rivers Creeks Bays c. in America as if neither Party claimed Universal Title over all The 15th Article of the said Treaty provides that the same shall in nothing derogate from any preheminency Right or Dominion of any Confederate in the American Seas Channels or Waters but that they have and retain the same in as full and ample manner as may of right belong unto them providing always that the Liberty of Navigation ought in no manner to be disturbed This Artiele relates to certain Preheminencies and Priviledges claim'd by Spain in the American Sea which by the Treaty was not yeilded but left in the same state as formerly and if the King of Spain had pretended to an Universal Right over all America in so far as is not possess'd by other European Princes why was he more carefull to preserve his Claim of Sovereignty in the Seas and forgot his Dominion upon the main Land There can be no other reason for it but because there was no such thing in prospect as appears by the whole Tenor of the Treaty Nothing hath been alledged in behalf of Spain to make any disparity betwixt all the Settlements that have been made in America by the Subjects of the King of Brittain or other Princes except the Treaty 1670 Which when duly considered makes no disparity at all For albeit the Possession of the King of Brittains Subjects be thereby confirmed yet it will not be acknowledg'd by the King of Great Brittain or any other Prince that the Settlements made by their Subjects were illegal or violent untill confirmed by the King of Spain and all Nations who have Planted there must sustain and justify the Scots Settlement or acknowledge that the Settlement of their own Subjects were injurious to the Right of Spain It is not nor can be denyed that the Dariens have been at frequent War with Spain altho they pretend that the Dariens were rather Rebels than Enemies
to believe that his not being allowed Access to His Majesty is upon the Account of his carrying an Address from this Company which every Body knows stands in great need of and has a just Right to His Majesties Royal Favour and Protection And which being the General Concern of the whole Nation is confidently expected signified to your Lordship by Order and in name of the Court of Directors by Edinbur the 9th day of January 1700. My Lord Your Lordships most humble Servant Pat. Scot. I. P C. D. A Letter from the Company to my Lord Basil Hamilton My Lord WE have your Lordships Letter of the 2d Instant by yesterdays Post in relation to to the Contents of which we send you herewith the Copy of a Letter which we have written by this Nights Post to both the Secretaries of State and likewise the Copy of another Letter which we had this morning from the Lord Chancellour upon the same head As our Company cannot but have a just sense of your Lordships generous condescension to the Council-Generals request in undertaking a troublesome Journey to London this time of the Year to wait upon and Solicite his Majesty about our Company 's Affairs with no other view but frankly to serve the Interest of your Country to the manifest neglect of your own So we cannot but heartily regret that the carrying of the Company 's Commission should be the occasion of putting such a distinguishing Mark upon a Person of your Lordships Quality and merit as to be denied access to His Majesties Person because you did not wait upon His Majesty when you were formerly at London No body can be so blind as not to see through this And whereas we never could hear that your Lordship did ever any thing unworthy of your Quality or inconsistent with the duty of a Loyal and Peaceable Subject So we are still hopefull that by your own prudent management His Majesty may be undeceived of any mis-representation he might have had of you that he will yet condescend to grant your Lordship access to his Royal Person with the Company 's said Address and give you a Gracious Answer to the Contents thereof and to the other particulars mention'd in your instructions An account whereof would be very welcome News in the midst of our misfortunes to the Company in general and particularly to the Court of Directors in whose Name and by whose Order this is from Edinburgh the 9th day of January 1700. My Lord Your Lordships most humble Servant Pat. Scot. I. P. C. D His Majesties Letter to His Council of Scotland William R. RIght Trusty and Right well beloved Cousin and Councellor Right Trusty and Entirely beloved Cousin and Councellour Right Trusty and well Beloved Cousins and Councellours Right Trusty and well Beloved Councellours and Trusty and well Beloved Councellours We greet you well WHEREAS The Council-General of the Company of that our Kingdom Trading to Africa and the Indies by their Letter to our Secretaries of the Fourth day of December last did desire That they might give their concurrence to procure a Gracious Return from Us to the Petition which they had sent with Lord Basil Hamilton And the said Lord Basil having communicated to Our Secretaries both the foresaid Petition and His Instructions And they having represented to us what is desired in behalf of the said Company and we having refused the said Lord Basil Hamilton Access to present the the foresaid Petition to Us for the Reasons We did Order our Secretaries to Comunicate to Our Chancellour Yet We being willing to give an Answer to what the said Company does desire You are therefore to call for some of the Council-General and acquaint them that We are resolved in the terms of our Treaties to demand from the King of Spain that Captain _____ Pinkarton and these of his Crew who are detained Prisoners at Carthagena be Released and set at Liberty And you may also acquaint them that our Subjects of that our Kingdom shall be allowed the same Liberty of Trade that others enjoy with the English Plantations And in general you may signifie to them Our Resolution to promote and advance the Trade of the Kingdom And the three Friggots they demand having been given by Parliament for guarding the Trade of the Coasts We are not resolved to dispose of them till we have the Advice of our Parliament And so we bid you heartily Farewel Given at our Court at Kensingtoun the Tenth day of January 1700 and of our Reign the Eleventh Year By his Majesties Command Sic Sub. Seafield Directed thus To Our Right Trusty and Right well Beloved Cousin and Councellor Our Right Trusty and Entirely Beloved Cousin and Councellor Our Right Trusty and well beloved Cousins and Councellours Our Right Trusty and well Beloved Councellours and to our Trusty and well Beloved Councellours Patrick Earl of Marchmont our Chancellor and the rest of the Lords and others of our Privy Council of our Ancient Kingdom of Scotland This is a true Copy taken from the principal and Subscribed by Gilb Eilot Cls. Sti. Con. An other Letter from the Council General of the Company to my Lord Basil Hamilton My Lord YOur Lordships Letters to the Court of Directors having been by them Communicated to us We cannot but acknowledge that as you have at our request frankly undertaken a troublesome Journey and Task to serve the Interest of your Country and our Company So we are fully satisfied that you have acquitted your self with a great deal of Prudence and Discretion in the execution of that Charge for which we render you most hearty Thanks But finding by a Letter of the 10th instant from His Majesty to the Lords of his Privy Council and by a former from the Secretaries of State to the Lord Chancellour Copies of both which are herewith inclosed That his Majesty has determin'd not to to allow your Lordship access to present our Address nor to impart to His Majesty what other things we gave you in charge by your Instructions We are heartily Sorry that your Lordships carrying of our Address should bring you you under any such disagreeable circumstances with His Majesty But the matter being so we cannot think it just to detain your Lordship any longer at London to the neglect of your own affairs at home and do therefore hereby signify that your Lordship may use your own Freedom to take Journey homeward as soon as you think fit and as may sute best with your conveniency This is in Name presence and by order of the Council-General of our Company from Edinburgh the 29th of January 1700. My Lord Your Lordships most humble Servant John Home P. Upon the first notice that was given of a National Address or Petition to His Majesty for the fltting of the Parliament the following Proclamation was emitted PROCLAMATION Anent Petitioning WILLIAM By the Grace of GOD King of Great Brittain France and Ireland Defender of the Faith To Macers
of Our Privy Council Messengers at Arms Our Sheriffs in that Part Conjunctly and Severally Specially Constitute Greeting Forasmuch as We by our Letter under our Royal hand dated at Kensingtoun the Twelfth of December instant have signified to the Lords of Our Privy Council That whereas we are informed that notwithstanding of Our Answer to the late Petition of the Council-General of the Company of that our Kingdom Trading to Africa and the Indies which we think ought to have given intire Satisfaction to all our Good Subjects Yet there is on foot a Design of Addressing Us of New on the same heads carryed on after such a manner with so little respect to our Government gives us too just Grounds to apprehend the Consequences that We have never hitherto denyed Our Subjects their Priviledges nor will We discourage the Liberty of Petitioning when the same is done in an Orderly manner but that we having fully declared our Mind as to the Subject of the last Address We cannot but take particular Notice of that unusual Method that is taken to procure Subscriptions to a new one and that some Persons who signalize themselves in carrying on the same have given no Evidence of their Affection to Our Government And make it their Indeavour to lodge the late misfortune of the Company on Proclamations emitted in the West Indies tho they cannot but be sensible that the same did proceed from other Causes And being convinced that such Practises may tend to Alienate from Us the Hearts of our good Subjects that it is necessary for the Support of Our Government and preserving the publick Peace of the Nation that they be discouraged and prevented We did therefore Recommend to the saids Lords of Our Privy Council to signify and and make known our Displeasure and Dis-satisfaction with such proceedings and to take the most effectual Methods consistent with Law for Discouraging the same and for preventing these that are well inclined to Our Government from Joyning with them OUR WILL IS HEREFORE And We Charge you strictly and Command that Incontinent these our Letters seen ye pass to the Mercat Cross of Edinburgh and Remanent Mercat Crosses of the whole head Burghs of the several Shires and Stewartries within this Kingdom thereat in our Name and Authority by open Proclamation make Intimation of the Premisses that none pretend Ignorance and ordains Our Solicitor to transmitt Coppies to the Sheriffs Stewarts and their Clerks for that effect and Ordanis these presents to be Printed Given under our Signet at Edinburgh the Eighteenth day of December and of Our Reign the Eleventh Tear 1699. Ex deliheratione Dominorum Secreti Concilii GILB ELIOT Cls. Sti. Concilii God save the King Here followes the first National Address or Petition mention'd in the foregoing Proclamation May it please your Majesty VVE the several Subscribing Nohlemen Barons and Gentlemen of this Your Majesty's Kingdom of SCOTLAND being deeply Affected with the present hard Circumstances of the Indian and African Company both Abroad and at Home as being of Universal Concern to the whole Nation And your Majesty having been pleased by your Royal Answer to the Council-General of the said Company 's late Petition to signify That your Majesty does very much Regret the Loss which this Kingdom and the Company has late-sustained That upon all occasions Your Majesty will Protect and Encourage the Trade of the Nation and that Your Majesty will order the Parliament to Meet when you judge that the Good of the Nation does require it We are thereby Encouraged in most Dutiful and Humble manner to represent to your Majesty That as the Estates of Parliament and this Nation which they Represent have a Peculiar Interest in the Concerns of the said Company as is particularly manifested in their Unanimous Address of the 5th of August 1698. to Your Majesty So we humbly conceive nothing can be so Conducible to support the Interest and Credit of the said Company under its present Misfortunes as a Meeting of the said Estates in Parliament and that the Good of the Nation can at no time require their Metting more than at present As not doubting but that under the Influences of Your Majesty's Favour and Protection together with the Assistance which may be reasonably expected from your said Parliament The said Company may be enabled to prosecute their Undertakings with greater Assurance and better Success than hither to they could have done under the many Stops and Difficulties which they met with from time to time We do therefore in all Humble Duty most earnestly Entreat and most assuredly Expect that Your Majesty will in Your Royal Wisdom and Fatherly Care for the Good of this Nation be Graciously pleased to order your said Parliament to Meet as soon as possible which We doubt not will tend to the Honour of your Majest and the General Good and Satisfaction of the Nation and particularly of May it please your Majesty Your Majesty 's most Loyal most Dutiful and most humble Subjects and Servants This Address was presented to His Majesty at Kensington the 25th day of March 1700. By the Right Honourable the Marques of Tweeddale Sir John Home of Blakader Baronet John Haldan of Gleneagles and Patrick Murray of Livingston Barons Commissiners appointed for that end Upon the presenting of this Address one of the abovenamed Commissioners signifyed to the King that it was hoped His Majesty would be pleased to look upon it not only as a Petition for allowing the Parliament to sit but likewise as a Testimony of the Nations concern for the interest of the Indian and African Company To which His Majesty was Graciously pleased to Answer That that would be best known in Parliament and that the Parliament could not sitt before the 14th of May then next ensuing hut that it would sitt then Or in Words to that effect To His Grace His Majesty's High Commismisioner and the Right Honourable the Estates of Parliament The Humble Representation and Petition of the Council-General of the Company of Scotland Trading to Africa and the Indies May it please your Grace and Right Honourable Estates IT is evident by the whole Strain of Three several Acts of Parliament together with His Majesty's Letters Patent under the Great Seal of this Kingdom in favours of the said Company That the Wisdom of the King and Right Honourable Estates did intend that all such Advantages as might arise by the establishing of such a Company should be of as universally a National Concern as possible And in order thereunto were pleased to endow it with large Priviledges and Immunities suteable to the Circumstances of an Infant-Company and the Greatness of its Designs And lest that it should fail in the Execution for want of a sufficient Stock to carry on such an Undertaking all imaginable Parliamentary Encouragement was given to Persons of all Ranks Ages and Sexes both within and without the Kingdom whether Natives or Foreigners to become Partners and