to whom he had lately given such large Priviledges by so Solemn an Act of Parliament Upon Notice of all which the Company 's Deputees went immediatly to the Senate and gave in a short Memorial in French which being faithfully Translated is as followeth Noble and Venerable Lords WE the Subscribers Deputees and Directors of the Indian and African Company of the Kingdom of Scotland Understanding that the Gentlemen His Majesty of Great Britain's Ministers here have presented a Memorial to your Lordships in which they seem to quarrel the Powers which have been granted to us by His Majesty and the Parliament of Scotland to make Treaties of Commerce with any Foreign Potentate Prince or State not in War with His Majesty the King our Soveraign for Enlarging the Trade and for the better Establishment of our said Company We pray your Lordships That you would be pleased to Communicat the said Memorial to us that we may take Measures accordingly Hamburgh the 9th day of April 1697. Your Lordships most humble and obedient Servants Jo. Erskine Jo. Haldan Will. Paterson The Senate thereupon recommended the Deputees above-nam'd to the Commercii in whose Hands the Memorial lay who gave them a Copy thereof Doubles of which were by the said Deputees dispatched to both the Secretaries of State for Scotland and to the Court of Directors of the Company And in the mean time the Merchants to assert their own Freedom and Priviledges Sign'd for considerable Sums in the Company 's Books But with a Condition to be void if the Company did not procure some Declaration from the King that might render them secure from the Threatnings and other Insinuations contain'd in the said Memorial To the Kings most Excellent Majesty The Humble Address of the Council-General of the Company of Scotland Trading to Africa and the Indies May it please Your Majesty WHereas By the 32d Act of the 4th Session and by the 8th Act of the 5th Session of Your Majesties current Parliament as well as by Your Majesties Patent under the Great Seal of this Kingdom this Company is Established with such Ample Priviledges as were thought most proper for encouraging both Natives and Forreigners to Joyn in the Carrying on Supporting and Advancement of our Trade The most Considerable of the Nobility Gentry Merchants and whole Body of the Royal Burrows have upon the Inducement and Publick Faith of Your Majesties said Acts of Parliament and Letters Patent contributed as Adventurers in raising a far more considerable Joynt-Stock than any was ever before rais'd in this Kingdom for any Publick Undertaking or Project of Trade whatsoever which makes it now of so much the more Universal a Concern to the Nation And for the better Enabling us to Accomplish the Ends of Your Majesties said Acts of Parliament and Letters Patent we have in Pursuance thereunto appointed certain Deputees of our own Number to Transact and Negotiat our necessary Affairs beyond Sea And at the same time to Treat with such Forreigners of any Nation in Amity with Your Majesty as might be inclinable to Joyn with us for the Purposes aforesaid In the Prosecution of which Commission to our said Deputees Vested with full Power and Authority according to Law we are not a little surpriz'd to find to the great Hindrance and Obstruction of our Affairs That Your Majesties Envoy to the Courts of Lunenburgh and Resident at Hamburgh have under Pretence of special Warrant from Your Majesty given in a Joint-Subscribed Memorial to the Senate of Hamburgh expresly Invading the Priviledges granted to our Company by your Majesty's said Acts of Parliament and Letsers Patent as by the herewith transmitted Copy may appear By the which Memorial we sustain great and manifest Prejudices fince both the Senate and Inhabitants of the said City of Hamburgh are thereby contrary to the Law of Nations expresly threatned with your Majesty's high Displeasure if they or either of them should countenance or joyn with us in any Treaty of Trade or Commerce whatsoever which deprives us of the Assistance which we had reason to expect from several Inhabitants of that City For Redress whereof we do in all Duty and Humility Apply to your Majesty not only for the Protection and Mantenance of our Priviledges and Freedom of Trade but also for Reparation of Damnages conform to your Majesty's said Acts of Parliament and Letters Patent And do further beg leave to Represent to your Majesty That tho by the said Act of Parliament and Letters Patent we conceive our selves legally and sufficiently Authorized to Treat even with any Sovereign Potentate or Estate in Amity with your Majesty for the Support and Advancement of our Trade yet we by our said Deputees have only treated with particular and private Merchants of the said City of Hamburgh without ever making any the least Proposal to the Senate thereof And this we humbly conceiv to be the natural Right and Priviledge of all Merchants whatsoever even tho we had wanted the Sanction of so Solemn Laws And without some speedy Redress be had therein not only this Company but also all other individual Merchants of this Kingdom must from hence forward conclude That all our Rights and Freedom of Trade are and may be further by our Neighbours violently wrested out of our Hands We therefore to prevent the further evil Consequences of the said Memorial to our Company in particular do make our most Humble and Earnest Request to your Majesty that you would be Graciously pleased to grant us such Declaration as in your Royal Wisdom you shall think fit to render the Senate and Inhabitants of the said City of Hamburgh and all others that are or may be concern'd secure from the Threatings and other Suggestions contain'd in the said Memorial as well as to render us secure under your Majesty's Protection in the full prosecution of our Trade and free enjoyment of our lawful Rights Priviledges and Immunities contain'd in your Majesty's Acts of Parliament and Letters Patent above-mentioned Signed at Edinburgh the Twenty Eight Day of June 1697 in Name Presence and by Order of the said Council-General by May it please your Majesty Your Majesties most Faithful most Dutiful most Humble and most Obedient Subject and Servant YESTER P. Memorandum That the Council-General of the Company did at the same time come to a Resolution of Representing the Premisses likewise to His Majesties most Honourable Privy Council but were afterwards prevailed upon to supersede that Resolution at the Secretaries of State 's earnest Desire they being both then here and upon their joint Engagement to procure a speedy Answer from his Majesty The King's Answer to the said Address By the Right Honourable John Earl of Tullibardin c. and Sir James Ogilvy Knight Principal Secretaries of State My Lords and Gentlemen WE are impowered by the King to signify unto you That as soon as His Majesty shall Return to England he will take into Consideration what you have Represented unto him
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
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
Settlement so much as once set a foot upon that Plot of Ground wherein our Colony is now fix'd And tho the same was altogether uninhabited when our People came there the chief Men and Leaders of the Natives of that part of the Coast nearest adjoining to Golden Island East-ward and Westward have not only treated with the Council of our Colony before Landing but have also in pursuance of that Treaty in a most kind and friendly manner admitted our said Colony into such Places of their Neighbourhood as are not yet possessed and taken Commissions from the said Council in a very solemn manner and joined with our People And that in consideration of our Colony's admiting them and their followers to participate of the Liberties and Priviledges granted to our Company by his Majesty of Great Britain OUR SOVERAIGN LORD with Advice and consent of his Parliament of Scotland entreating to be protected accordingly We repeat these Words as being the express Words of the first Commission which the said Council granted As to the French Designs of setling thereabouts it is a Point not to be doubted of For in order thereunto they have already been tampering with several of the Natives some of whom they endeavour'd to have carried into France and we have very good reason to believe that a further Progress had been made in that matter before now were it not the daily Expectations which that Court had of the King of Spains Death which we humbly conceive is a Matter worthy of his Majesty's consideration and of no small concern to the interest of his whole Dominions tho this Nation and our Company may seem to be more immediatly interested at present Your Lordship sees we have in the inclosed Letter to the King made mention of our last Petition and hope your Lordship will take a convenient Opportunity to back the same For as your Lordship knows we have already suffered considerably by encroaching upon our Priviledges so we ought to be very careful as much as in us lies not to admit of any dangerous Precedents And really we must say We were very much surpriz'd the other day when we understood by Letters from the Council of our Colony that Capt. Long Commander of the Rupert Prize who carries his Majesty's Commission for finding out and fishing of Wrecks should under the colour of that Commission wherever he went traduce our Undertaking and Colony to all sorts of People upon that Coast whether Natives or others declaring that our said Colony was no other than a pack of Rogues Vagabounds Robbers and broken Officers without any Commission and that the King would not own them nay further he himself came into our Harbour where he was very courteously and respectfully treated by all our People there in recompence of which he very ingratefully made it his study all the while to seduce our Men and did carry off one of our chief Carpenters which is a very considerable Loss in that part of the World and in the Infancy of our Settlement considering how necessary a Man he was and the Difficulty of supplying his Place so quickly as they may have occasion for him This kind of Usage is really so provocking that we cannot suppose but that the King may be graciously pleased to interpose his Royal Authority for preventing the like Usage in time to come if his Majesty were duely informed thereof So in the confidence of his Majesty's gracious Countenance and Protection and your Lordship 's hearty Endeavours to procure the same this is by Order of the Council-General and in Name Presence and by Warrant of the Court of Directors of our Company Signed by Edinburgh 1st day of April 1699. To the right Honourable the Lord Carmichael Secretary of State My Lord Your Lordship 's most obedient and most humble Servant J. Haldane P. Memorandum There was another Letter to the same purpose written to the Viscount of Seafield with an inclosed Copy of the said Letter to the King A Memorial given in to the King of Great Britain by the Ambassador Extraordinary of Spain against the Scots Settlement at Darien THe Subscriber Ambassador Extraordinary from His Catholick Majesty finds himself obliged by express orders to represent to your Majesty that the King his Master having receivyed Information from different places and last of all from the Governour of Havana of the Insult and attempt of some Scots Ships equipt with Men and other things requisite who design to settle themselves in His Majesty's Soveraign Demains in America and particularly the Province of Darien His Majesty received those Advices with very much discontent and looks upon the same as a token of small friendship as a rupture of the Alliance between the two Crowns which His Majesty hath observed hitherto and always observes very religiously and from which so many Advantages and Profites have resulted both to your Majesty and your Subjects As a consequence of which correspondence His Majesty did not expect such sudden insults and attempts by your Majesty's Subjects and that too in a time of Peace without pretext or any cause in the very heart of his Demains All that the King desires is that this may be represented to your Majesty and that your Majesty may he acquainted that he is very sensible of such Hostilities and unjust procedures against which His Majesty will take such measures as he thinks convenient Given at London the 13 â— day of May 1699. The Three following Memorials were presented to His Majesty in May 1699. by the Lord President of the Session and Lord Advocat on behalf of the Company of Scotland Trading to Africa and the Indies asserting the Legality of their Settlement in Darien 1st MEMORIAL THe Establishment of the Company of Scotland Trading to Africa and the Indies was first prepared by an Act of Parliament 1693. Inviting and Encouraging Persons in General to enter into Societies and Companies for carrying on a Trade to whatsoever Kingdoms Countrie or parts of the World not being in War with His Majesty and thereafter perfected by the Act of Parliament 1695 and a Charter thereon under the Great Seal whereby the said Company was fully Settled with all the Powers Priviledges and Immunities in use to be granted in such cases and particularly with Power to plant Colonies and build Cities Towns and Forts in Asia Africa or America upon Places not Inhabited or upon any other Place by Consent of the Natives and Inhabitants thereof and not possess'd by any European Prince or State The Settling of this Company was so acceptable to the whole Kingdom abounding always with Men and of late Years very desirous to enlarge Trade and Commerce That the Company 's Books being once opened Subscriptions for a vast Sum were compleated long before the Day prefix'd by the Act of Parliament and there were few Persons or Families of any Account within the Kingdom who were not therein particularly concerned But tho' the Subscriptions were soon compleated and
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
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
Majesty's Acts of Parliament and Letters Patent under the Great Seal of this Kingdom We now in all Duty and Humility beg leave to represent further to your Majesty That whereas in the said Acts of Parliament and Letters Patent there is a special Clause by which your Majesty is graciously pleased to promise That if contrary to the Rights and Priviledges therein-mention'd or contrary to the General Treaties of Peace and Commerce between your Majesty and any Potentate Prince or State in Amity with your Majesty the Ships Goods Merchandize Persons or other Effects whatsoever belonging to the said Company should happen to be stopp'd detain'd embezell'd or taken away or in any sort prejudic'd or damnified That your Majesty would interpose your Royal Authority to have Restitution Reparation and Satisfaction made for the dammage done and that upon the publick Charge And whereas likewise by the X and XI Articles of the Treaty concluded between the Crowns of Great-Britain and Spain at Madrid the 8 18 day of July 1670. It is specially stipulated That in case any of the Subjects of either the Confederates with their Shipping be forc'd at any time through stress of Weather pursute of Pyrates or Shipwrack to retreat and enter for shelter and harbour into any of the Rivers Creeks Bays Havens Roads and Ports belonging to the other in America That the Persons so Shipwrack'd or forced a Shoar shall in no sort be detain'd Prisoners but that on the contrary all friendly Assistance and Relief shall be administred to their Distress both for the Sustenance of their Persons and reparation of their Ships and conveniency of their Vovage and that Letters of safe Conduct shall be given them for their free and quiet passage thence Yet notwithstanding thereof a Ship call'd the Dolphin belonging to our Company being sent from our said Colony to some of the Leeward Islands with a Cargo for buying Provisions and the said Ship in a few days time after her going to Sea and plying to windward for the speedier passage stricking unfortunately upon a Rock sprung a Leak and being forced to run a shoar under the very Walls of Carthagena to escape Shipwrack not only the said Ship and Goods were violently seiz'd and dispos'd of as prize but also the Men to the number of thirty and a Boy whose Names are here subjoyned were detain'd and made close Prisoners contrary to the express Terms of the said Treaty Upon notice whereof the Council of the said Colony sent in your Majesty's and said Company 's Name a Messenger with a very civil Letter to the Governor of Carthagena to demand your said Subjects who were wrongfully detain'd Prisoners as aforesaid and likewise Restitution of the said Ship and Goods pursuant to the Treaty above-recited and sent also Copies of the Acts of Parliament and Letters Patent above mention'd in English Latin and Spanish for the Governor's Information but instead of any compliance to those just and reasonable Demands the Messenger was threatned to be put in Chains and not so much as allow'd to see any of the said Prisoners And being lately assur'd that notwithstanding of all endeavours hitherto us'd for their Liberation they are contrary to the Rules of Christianity Humanity and the Law of Nations still detain'd Prisoners under very severe Treatments we think our selves in Duty and Conscience bound to lay their deplorable Case before your Majesty and for that effect have commissioned Lord Basil Hamilton one of our number to present this our humble Address on their behalf to your Majesty and to give your Majesty a further account of our Company 's other Affairs as he is particularly instructed therein not doubting but that your Majesty will in your Royal Wisdom take speedy and effectual Measures for the redress of those Dammages and the freedom of those distressed Prisoners in the number of which there are some young Gentlemen of good Quality and related to the best Families in this Kingdom Signed at Edinburgh the 4th Day of December 1699 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 Yester I. P. C. G. The Chancellours Letter to the Directors of the Company Holyrood-house the 9th of January 1700. Right Honourable HIs Majesties Secretaries of State have acquainted me That the King will not allow my Lord Basil Hamilton access to him Because he did not wait on his Majesty when he was formerly in London And that he has never since given any publick Evidence of his Loyalty nor has hitherto owned and acknowledged His Majesties Government But his Majesty will not refuse to hear what my Lord Basil's Instructions are and has declared his willingness to be informed of what the Company desires And if my Lord Basil will give in Writing to His Majesties Secretaries what he had to represent His Majesty will receive Information from their hands of what is demanded and will give his Answer to the Company His Majesty doth not refuse to Receive the Petition tho' he will not allow my Lord Basil to be the Presenter of it This from To the Right Honourable The Court of Directors of the Company of Scotland Trading to Africa and the Indies Right Honourable Your very humble Servant Marchmont Chancellour A Letter from the Directors of the Company to each of the Secretaries for Scotland My Lord THE Council-General of our Company having lately a very frequent Meeting thought fit to send up one of their own Number with an Address to his Majesty and with Instructions concerning the Contents of our Company 's former Petitions they thought that none could be more Capable to Discharge that Trust than Lord Basil Hamilton as being throughly Versed in the course of the Company 's Affairs nor more acceptable to His Majesty as having had no objection made against him when he was appointed several Lords of His Majesties Privy Council Being then present And the Council-General having signified so much to your Lordship by a Letter wherein they entreated that you would be pleased to introduce him to the King and give your Concurrence in procuring a Gracious Return to what he had in Commission and which he was to Communicate to your Lordship We are surpriz'd to find this day by a Letter from the Lord Chancellour that the King will not allow Lord Basil Hamilton to have Access because he did not wait upon his Majesty when he was formerly at London But his Lordship being sent by and having his Instructions from the Council-General We the Court of Directors can say nothing to it other than to entreat your Lordship that you 'd use your Interest with his Majesty to allow Lord Basil Hamilton to have Access to His Royal Person lest the Refusal thereof be not only a great Discouragement to the Company and all its well-wishers under its present Difficulties and repeated Misfortunes but give also ground to the World
and its Colony of Caledonia Praying for Redress thereof and that the Parliament would be pleased to Vindicate and Assert its just Rights and Priviledges c. After reading of all which a Motion being made and press'd that the Parliament should make a Resolve in the following Words viz. Resolved That our Colony of Caledonia in Darien is a Legal and Rightful Settlement in the Terms of the Act of Parliament 1695 and that the Parliament will mantain and support the same His Grace His Majesty's High Commissioner was pleased immediatly to Adjourn the Parliament for three days and at their next Meeting without so much as reading the Minutes of the former diet Adjourn'd it further for full Twenty Days Whereupon the Plurality of the Members of Parliament then present met that very evening and sign'd the following Address May it please your Majesty WE Your Majesty's most Loyal and Dutiful Subjects the Subscribing Noblemen Barons and Burgesses of this Your Antient Kingdom of SCOTLAND Members of the same Parliament which happily Settled Your Majesty's Government over Us and has ever since given continued Proofs of Zeal and Affection to Your Majesty's Service in the several Sessions thereof Do humbly Represent to Your Majesty that having according to your Majesty's Royal Appointment met together in Parliament with full Resolution to have proceeded in the like good Intentions for the Honour and Interest of your Majesty and People It is to Our unspeakable Grief and Disappointment that not only there has been no Return given to the Unanimous Address of the last Session of Parliament Expressing the whole Nation 's Concern in the INDIAN and AFRICAN Company But also after a Motion made in this Session of Parliament for a Resolve That Our Colony of CALEDONIA in DARIEN is a Legal and Rightful Settlement in the Terms of the Act of Parliament 1695. And that the Parliament would Mantain and Support the same Members beginning to Reason thereupon were interrupted by an Adjournment which We Humbly Conceive is not agreeable to the 40 Act of the 11th Parliament of King James the 6. Where it is promitted That nothing shall be done or Commanded which might Directly or Indirestly Prejudge the Liberty of free Voting and Reasoning of the Estates of Parliament or any of them in all time coming And thereafter by a Subsequent Adjournment from the Thirtieth day of May instant to the Twentieth day of June next the Parliament was not permitted to come to any Resolution in the pressing Concerns of the Nation which we cannot think consistent with that Article of Our Claim of Right Whereby it is Declared That for the Redress of all Grievances and for the Amending Strengthning and Preserving of the Laws Parliaments ought to be frequently called and allowed to Sit and the Freedom of Speech and Debate secured to the Members We do therefore in all Humility and Earnestness Intreat That Your Majesty will be graciously pleased to allow your Parliament to Meet at the Day to which it is now Adjourned and to sit as long as may be Necessary for Redressing the Grievances of the Nation Asserting its just Rights and Priviledges as well at Home as Abroad in its Colony of CALEDONIA and for Enacting such Lawsas may be for the Advancement and Security of Religion the Honour of your Majesty and the true Interest of this Nation We are May it please your Majesty Your Majesty's most Dutiful most Loyal and most Obedient Subjects and Servants This Address was presented to His Majesty at Kensington the 11th day of June 1700. By the Right Honourable the Lord Ross for the Subscribing Noblemen James Pringle of Torwoodlie and William Bennet younger of Grubbet for the Barons and Patrick Murray of Dollory for the Burgesses Commissioners appointed for that end To whom His Majesty upon hearing the same read was graciously pleased to say That He would consider of it And at a second Audience the Lord Ross in Name of the other Commissioners Addressing the King thus May it please your Majesty We are come here by Your Appointment to receive your Answer to the Address which we presented from the Loyal Members of your Parliament of Scotland His Majesty was Graciously pleased to give the following Answer Gentlemen I Can give no Answer now to the Petition which you presented but you shall know my intentions in Scotland These Parliamentary Addressers finding that the Parliament was yet further Adjourned by Proclamation and not knowing it seems how soon it might be allowed to Sit They framed the draught of a Second National Address to be Sign'd by the several Shires and Burrows throughout the Kingdom but while the same was carried on His Majesty was graciously pleased to signify His mind in a Declaration by way of Letter directed to His Grace James Duke of Queensberry His Majesties High Commissioner and the Privy Council of Scotland Which Letter was published after the manner of Proclamations and is as followeth William R. RIght Trusty and Intirely Beloved Cousin and Counsellor Right Trusty and Right well Beloved Cousin Counsellor Right Trusty and well Beloved Cousins and Counsellors Right Trusty and well Beloved Counsellors and Trusty and well Beloved Counsellors We Greet you well We heartily wish that the last Meeting of Parliament had proceeded so as that the Kingdom might have been made partakers of these Advantages for which Our Commissioner was so fully Instructed If it had been possible for Us to have agreed to the Resolve offered to Assert the Right of the African Company 's Colony in America tho that Method had appeared to Us more unnecessary yet we had from the beginning readily done it at the earnest Desire of Our Ministers and for Our Peoples Satisfaction all other Considerations set apart But now that Things are much changed wherein We are truly Sorry for the Nation 's Loss And We being most willing to grant what may be needfull for the Relief and Ease of the Kingdom and the Advancement of its Welfare in all its Concerns We have thought fit to Declare this Our good Mind to be made known to all Our loving Subjects And for the Company 's Concerns We Assure you that we will be so ready to concurr with Our Parliament in every thing that can be reasonably ex-expected of Us for Aiding and Supporting their Interests and Repairing their Losses that Our good Subjects shall have just grounds to be sensible of our heartie Inclinations to advance the Wealth and Prosperity of that our Ancient Kingdom And as for Captain Pinkerton and the other Prisoners in Spain We have already and We hope Effectually Interposed for their Liberation In the next place As We did fully struct our Commissioner So we are still Resolved to pass all such Laws as shall be offered for the better Establishing the true Protestant Religion and the Presbyterian Government of the Church which you at present Enjoy For the more effectual preventing the growth of Popery justly feared for the Repressing of Vice