Kingdom 's Rights in this matter They have ordered us the Court of Directors to transmit the said Copies to your Lordship and expect your Lordships Answer to this and our late Petition to his Majesty before they remonstrate any further with relation thereunto This is in presence and by Warrant of the said Court of Directors from To the Right Honourable the Viscount of Seafield Secretary of State for the Kingdom of Scotland My Lord Your Lordships most humble Servant John Schaw P. The Secretary's Answer Whitehall Decemb. 13. 1698. SIR I Received a Letter from you as President of a Committee of the East-India Company which relates to Accounts they have had from their Correspondent at Hamburgh with the Copys of two Letters they have received I shall take the first convenient Opportunity I can have to represent this Matter to the King but I cannot as yet expect to have it For his Majesty is very much imployed in the Affairs of his Parliament here This is all the Answer I can give at present and which you may signify to those concerned I am To Sir John Schaw of Greenock c. SIR Your most faithful and humble Servant SEAFIELD A Letter from the Court of Directors in Answe to the Secretary Edinburgh Jan. 13. 1699. My Lord SIR John Schaw of Greenock having some time ago signified to the Court of Directors of our Company the Contents of a Letter which he received from your Lordship bearing date at Whitehall the 13th of December last intimating that your Lordship would take the first convenient opportunity of representing to his Majesty the Company 's Petition with relation to the Parliament's Address as also the Contents of the Company 's Letter to your Lordship bearing date the 24th of November last But in respect we have not all this time heard any further from your Lordship concerning that Matter this is by order of the said Court of Directors to put your Lordship in mind of the Premisses not doubting but you have had before this time a convenient opportunity to represent the same to his Majesty and in expectation of your Lordships speedy and satisfactory Answer I remain To the Right Honourable the Viscount of Seafield Secretary of State My Lord Your Lordships most humble Servant Archbald Mure. Pr. The Secretary's Answer Whitehall Febr. 7 1699. SIR I Have presented to his Majesty the Petition of the African Company and I am commanded by him to let you know That there being accounts that the Ships belonging to the Company are arriv'd upon the Coast of America And the particular Design not being communicated to his Majesty he therefore does delay to give any Answer untill he receive certain Information of their Settlement This you may signifiy to the Council or Directors of the Company as being by his Majesty's Command I am To Sir Archibald Mure of Thornton c. SIR Your most humble Servant Seafield A Letter from the Council-General of the Company to his Majesty giving an Account of their Colony's arrival and settlement at Darien c. May it please you Majesty WE your Majesty's most loyal and dutiful Subjects the Council-General of the Company of Scotland trading to Africa and the Indies having by express received an Account from the Council of our Companys Colony in America that they arriv'd safe at their intended Port within a League of Golden Island on the Coast of Darien and after having treated on board of our Ships with the Natives who were always ownd to â—e the only Proprietors of that part of the Coast our Men did at the request and with the consent of the said Natives land on the 4th of November last and take possession of an uninhabited Place never before possessed by any European whatsoever and that in pursuance of the said Treaty the chief Men and Leaders of the said Natives have join'd with and taken Commission from the said Council We thought it our Duty at our very first Meeting to give your Majesty an account thereof and likewise that by Letters from our said Council bearing date at New Edinburgh in Caledonia being the Name given to our present Settlement the 28th day of December last we are positively informed that the French have a Design upon all that Coast or at least to make a Settlement somewhere thereabouts And we humbly conceive that the firm Settlement of our Colony in those Parts may be the means of preventing or at least lessening the evil Consequences that may arise to your Majesty's Kingdoms and Dominions every where by the Settlement of any powerful foreign Neighbour in upon or near any part of that Coast And as we are always bound thankfully to acknowledge your Majesty's Goodness for granting us these Priviledges mentioned in the Acts of Parliament and your Majesty's Letters Patent by which our Company is established So we do now in all humility confidently expect your Majesty's Royal Favour and Protection as having in all the Steps of our Conduct through the whole Course of this Affair strictly observed the Conditions required by the said Acts of Parliament and Letters Patent And referring this together with the Contents of our last Petition to your Majesty's Royal Consideration to give such Directions therein as to your Royal Wisdom shall seem meet and expedient This is in Name Presence and by Warrant of the said Council-General Signed by Edinburgh the 31st day of March 1699. May it please your Majesty Your Majesty's most faithful most dutiful most humble and most obedient Subject and Servant TWEEDDALE A Letter from the Court of Directors to the Lord Carmichael Secretary of State then in waiting My Lord THis being the first Opportunity that we have had to Address your Lordship since your Advancement to that eminent Station and Place of Trust wherein you are We must account it a Happiness that upon Receipt of the late welcome News from our Colony's Company in America we can transmit an Account thereof to his Majesty by the hands of one so much devouted to the Honour and Interest of our Country and Company as your Lordship has upon all Occasions shewn your self and who being often Witness to our Company 's Proceedings from time to time can give a juster account thereof than any other that has no Interest in our Stock nor has ever been amongst us Inclosed you have our Council-General's seal'd Letter to his Majesty which we doubt not your Lordships will carefully deliver together with an exact Copy thereof for your Lordships better Information to which we refer but shall for your further Information enlarge a little upon the several Heads therein mention'd As to our place of Settlement it is so far from having ever been possess'd by any European whatsoever that by all the Accounts that we could ever yet get not only at this time from the Council of our Colony but even by such Letters as we have seen and heard of from Curacao and other American Islands no European did before our
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
And that in the mean time His Majesty will give Orders to his Envoy at the Courts of Lunenburgh and his Resident at Hamburgh not to make use of his Majesty's Name or Authority for obstructing your Company in the prosecution of your Trade with the Inhabitants of that City Signed at Edbinurgh the second Day of August 1697. To the Council-General of the Company of Scotland Trading to Africa and the Indies Tullibardin Ja Ogilvy A Letter from the Directors of the Company to the Right Honourable the Earl of Tullibardin c. Principal Secretary of State Edinburgh 28. September 1697. May it please your Lordship IT is not unknown to your Lordship in what Humor the Council-General of our Company and most part of the Nation were in with relation to the Memorial given in to the Senate of Hamburgh against our Company by the English Ministers there Upon which ensued the said Council-Generals late Address transmitted to His Majesty by your Lordship And your Lordship very well knows that at your Request and Desire only upon Promises of using your best Endeavours to procure a Speedy and Satisfactory Answer from His Majesty the said Council-General was prevailed upon to suspend representing that Matter further to the Government till the 2d day of August last past On which day your Lordship did signify His Majesty's Answer to the said Address Upon Receipt whereof the said Council-General did resolve to Supersede any further proceeding therein till His Majesty's arrival in England as not in the least doubting but His Majesty would have in the mean time pursuant to His said Answer given Orders to his Resident at Hamburgh with relation to the subject Matter of the said Memorial But we are extreamly surpriz'd to find by Letters of the 31 ultimo from our Company 's Agent in that City That he had according to our Order been to wait on the English Resident there and with all the Respect due to his Character intimated to him the Contents the said Address and Answer Upon which the said Resident declared That he was Ready and Willing to obey his Masters Orders but that as yet he had got none in that Matter We cannot imagine what should be the occasion of this new Dis-appointment since we cannot suffer our selves to believe but that His Majesty has according to His Letter to your Lordship given Orders as aforesaid which makes us admire the more where the Neglect of that Matter doth now stand Yet we must needs say we are in some measure afraid to acquaint the said Council-General with it lest they be more uneasie thereupon than we could wish till first we have your Lordships Answer For which cause we the several Subscribing Directors of the said Company who are now in Town have thought fit in as quiet a manner as possible to give your Lordship an Account thereof to the end you may in your Wisdom and Prudence advise His Majesty with relation thereunto and doubt not but your Lordship will take such care herein as may prevent our calling another Council-General with relation to the Premisses which we are bound unavoidably to do if we have not your Lordships timely Answer We are May it please your Lordship Your Lordships most Obedient and humble Servants Ad Cockburn Fran Montgomery Arch Mure. Geo Clark Rob Blackwood Ja Balfour William Paterson Mem A Sign'd Duplicate hereof was likewise sent at the same time to the Right Honour able Sir James Ogilvy Knight c. To the King 's Most Excellent Majesty The humble Address of the Council-General of the Company of Scotland Trading to Africa and the Indies May it please your Majesty BY a former Address of the 28th of June last we have humbly represented to your Majesty how that your Majesty's Envoy to the Courts of Lunenburg and Resident at Hamburgh did under Pretence of Special Warrant from Your Majesty give in a Memorial to the Senate of the said City of Hamburgh contrary to the Law of Nations and expresly invading the Priviledges contained in the Acts of Parliament and Letters Patent by which our Company is established Copies of which Address and Memorial we have for Your Majesty's better Information hereto annexed In answer to which Your MAJESTY was then graciously pleased to signifie by Your Royal Letter That upon Your MAJESTY's arrival in England You would take the Contents of our said Address into Consideration And that in the mean time You would give Orders to Your said Ministers not to make use of Your Majesty's Name or Authority for obstructing our Company in the Prosecution of our Trade with the Inhabitants of the said City of Hamburgh In the full Assurance of which we rested secure and took our Measures accordingly till to our further Surprize and great Disappointment we find by repeated Advices from Hamburgh That Your Majesty 's said Resident continues still Contumacious and is so far from giving due Obedience to Your Majesty's said Order that upon Application made to him for that Effect with all the Respect due to his Character he pretended that he had never as yet got any such Order on our Behalf which we thought fit in all Duty and Humility to lay before Your Majesty renewing withal our most humble and earnest Request That Your Majesty would be now graciously pleased to take the Contents of this and our said former Address into Consideration and in Your Royal Wisdom order some speedy and Effectual Redress of our Grievances therein-mentioned and a just Reparation of the manifest Damages which our Company has already sustained by reason of the said Memorial And grant us a Declaration under Your Royal hand to render the Senate and Inhabitants of the said City of Hamburg and all others with whom we have occasion to enter in Commerce secure from the Threatnings and other false Suggestions mentioned in the said Memorial as well as to render us secure under Your Majesty's Protection in the free Enjoyment of our Lawful Rights and Priviledges contained in Your Majesty's Acts of Parliament and Letters Patent above-mentioned Sign'd at Edinburgh the 22d Day of Decemb. 1697 in Name Presence and by Order of the said Council-General by May it please Your Majesty Your Majesty's most Faithful most Dutiful most Humble and most Obedient Subjest and Servant Fr. Scott Fr. To the Right Honourable The Lord High Chancellor and remanent Lords of His Majesty's most Honourable Privy-Council The humble Representation of the Council-General of the Company of Scotland Trading to Africa and the Indies May it please your Lordships 'T Is not unknown to your Lordships how that in several successive Sessions of this Current Parliament His Majesty's Instructions to His respective High Commissioners and their several Speeches pursuant thereunto have been full of repeated Assurance of His Majesty's good Inclinations for encouraging the Trade and Manufactures of this Nation And whereas accordingly by the 32d Act of the 4th Session and the 8th Act of the 5th Session of the said
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
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
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
That is only for to beg the Question for the Natives having the Ancient undoubted Right it must be instructed that they became Subjects before they could be Rebels And tho' it be alledged that what was done in Sharp's Case was reckoned a Jest and that he was not acquitted upon that ground as acting by Commission from the Dariens yet the matter of Fact is certain and known and was indeed remarked by all England that Sharp join'd with the Dariens did commit acts of Hostility and carried away great booty from the Spaniards and was pursued for Restitution in England and did propone a Defence That he acted by Commission from an Independent People and was acquitted by a competent Judicature in England These matters of Fact being all acknowledged it must be thought that a Decision in the way of Justice was no Jest but according to the Law of the Nation To Conclude and Sum up the whole Matter The Scots did not move one foot untill they obtain'd two Acts of Parliament and a Patent in their favours These Acts tho' very ample were framed with a just regard to former Planters who by the express Tenor of the said Laws were not to be invaded or molested in their Possession even the just Right and Property of the Infidel Natives was considered and the Undertakers not allowed to dispossess them by Force and Violence but to Plant with their consent Upon the faith of these Laws a greater Stock was advanced in Scotland than ever was raised by any other Nation upon the first project of a Forreign Plantation the Directors of the Company did very narrowly and exactly consider all the Treaties with Spain and pitched upon a place that the whole World considers to be of a great value for founding and raising a profitable Trade to the Honour of the King who as the Father of the Countrey did endue them with ample and just Priviledges to the encrease of the Strength and Riches of the Isle of Brittain which is all under the Government of one Monarch of one Religion and Interest and can have no different Friends or Enemies without endangering the whole In one word The Scots Company have acted deliberatly for advantage to themselves the Nation and the Isle of Brittain they have only used their own Right and have wronged no Nation or People nor exceeded the Limits of their Patent in any circumstance And if any will stand up for the Interest of Spain and call in question the matters of Fact and principles of Law above asserted which are generally known and need not to be confirmed by particular Citations they may assuredly expect that what has been affirmed shall be made further clear and evident beyond contradiction and whatever Obstacles or Difficulties have or may fall in Ardua quae Pulchra the undertaking was deliberate just for the interest of the Nation and with more regard to the Right of former Planters and Natives than any former Project of that Nature Memorandum That about this time it was given out that the Spanish Embassador had presented a Second Memorial concerning the Scots Settlement at Darien and that the French Embassador had likewise given in a Memorial to the Court of England concerning the French Ship which was cast away near Caledonia Harbour But whether so or not the Company could never procure a Copy of either The Council of Caledonia's Address To the King 's most Excellent Majesty Most Gracions Sovereign WE your Loyal and Obedient Subjects the Council of your Colony of Caledonia being settled pursuant to Powers and Immunities proceeding from your Royal Favour and Goodness where upon our arrival the Natives on all hands in complyance with former Agreements received and entertained us with all possible demonstration of joy and satisfaction there being no Possession nor so much as pretended possession for any Prince or State in Europe upon this whole Coast extending it self considerably more than one hundred Leagues together We found the Indians on all sides in open War with the Spaniards their nearest Neighbours Against whom they besought our Assistance which we could by no means comply with by reason of the present Peace and good Understanding between your Majesty and the King of Spain Yet notwithstanding this our just and peaceable deportment and inclination and our certifying the same by Letters to the two neighbouring Governours of Panama and Carthagena We have to our no small surprize received certain Information that several great and warlike Designs and Preparations are on foot and carrying on by the Spaniards against this Colony and that contrary to all Justice and Humanity as well as the Treaties of Peace between your Majesty and the Catholick King they now unjustly detain and refuse to deliver up the Persons and Goods that were saved of a Ship belonging to this Colony called the Dolphin which by misfortune of springing a Leak was not long since oblg'd to run ashore and suffer Shipwreck near the City of Carthagena All which have been no small inducement for us to have improved the frequent opportunities we have had of taking Measures greatly disadvantagious to the Crown of Spain Yet in order to avoid as much as possible any thing that might look like a publick Breach untill the same were laid before your Majesty and your Royal pleasure known therein We have hitherto proceded no further than the granting of Letters of Reprisals for the People and Effects unjustly detained from us Great Sir The Indies as well as Europe do at this time implore your Protection And as the effectual opening the Door of Commerce to the trading World and of more easy access to and correspondence with the ends of the Earth hath been hitherto hidden and reserved by the Divine Hand for one of the singular Glories of your Majesty's Reign So it 's with no small satisfaction to be any way concern'd in so hopeful an Accession to the Dominions and Greatness of your Majesty and Wealth of your People That we presume to lay ourselves our Case and this valuable Opportunity at your Royal Feet most humbly beseeching that as it had its beginning so it may continue to have its Being and Support from the happy Influences of your peculiar Bounty and Grace So with our earnest Prayers to Almighty God for the long and happy preservation of your Royal Person and continuance of your Glorious Reign and most humble tender of our Lives and Fortunes to your Majesty's Service and Disposition We beg leave to Subscribe our selves This Address was delivered to the Secretaries of State about the middle of September together with a Memorial concerning the French Ship commanded by Cap. Duvivier Thomas which was Shipwrack'd near Caledonia Harbour on the 24th of December 1698. Most Gracious Soveraign Your Majesty's most Loyal most Dutiful and most Obedient Subjects and Servants Daniel Mackay Robert Pennicuik William Paterson Colin Campbell Samuel Vetch Charles Forbes Thomas Drummond By the Honourable Sir William Beeston Kt. His Majesty's
Lieutenant Governour and Commander in Chief in and over this his Island of Jamaica and other the Territories depending thereon in America and Vice-Admiral of the same A PROCLAMATION WHereas I have received Commands from his Majesty by the Right Honourable James Vernon Esq one of his Majesty's Principal Secretaries of State signifying to me that his Majesty is unacquainted with the Intensions and Designs of the Scots settling at Darien And that it is contrary to the Peace entred into with his Majesty's Allies and therefore has commanded me that no Assistance be given them These are therefore in his Majesty's Name and by Command strictly to command his Majesty's Subjects whatsoever that they do not presume on any pretence whatsoever to hold any Correspondence with the said Scots nor to give them any Assistance of Arms Ammunition Provisions or any other Necessaries whatsoever either by themselves or any other for them or by any of their Vessels or of the English Nation as they will answer the Contempt of his Majesty's Command to the contrary at their utmost peril Given under my Hand and Seal of Arms this 8th day of April 1699. And in the 11th Year of our Soveraign Lord William the Third of England Scotland France and Ireland King and of Jamaica Lord Defender of the Faith c. WILLIAM BEESTON Barbados By his EXCELLENCY A PROCLAMATION WHereas his Majesty has been pleased to signify his pleasure to me by Mr. Secretary Vernon that he hath been advertised that several Ships of Force fitted out of Scotland were arrived at the Island of St. Thomas with an Intention as they declared to settle themselves in some part of America Their Design being unknown to his Majesty and least the same should derogate from the Treaties his Majesty hath entered into with the Crown of Spain or be otherwise prejudicial to any of his Majesty's Colonies in the West-Indies These are therefore in his Majesty's Name by and with the Advice and Consent of the Council strictly to command all his Majesty's Subjects inhabiting within this Island that they forbear holding any Correspondence with or giving any Assistance to any of the said Persons And that no Provisions Arms or other Necessaries whatsoever be carried to them as they shall answer the same at their peril Given under my Hand this 13th of April 1699 and in the Eleventh Year of his Majesty's Reign R. GRAY By his Excellency Richard Earl of Bellomont Captain General and Governour in chief of his Majesty's Province of New-York and Territories depending thereon in America and Vice-Admiral of the same A PROCLAMATION WHEREAS his most excellent Majesty hath received Advice That several Ships of Force fitted out of Scotland were designed to settle themselves in some parts of America and lest the same should derogate from the Treaties his Majesty hath entred into with the Crown of Spain or be otherwise prejudicial to any of his Majesty's Colonies in America his Majesty has been pleased to signify his Royal pleasure to me That I should strictly forbid all his Majesty's Subjects or others inhabiting within the Districts of my Government that they forbear holding any Correspondence with or giving any Assistance to any of the said Persons while they are engaged in the aforesaid Enterprize and that no Provisions Arms Ammunition or other Necessaries whatsoever be carried from hence to them nor be permitted to be carried either in their own Vessels or any other Ship or Vessel for their Use In pursuance of his Majesty 's said Royal Will and Pleasure I have thought fit by and with the Advice of his Majesty's Council of this Province to publish and declare his Majesty's Pleasure and by these presents do strictly charge and command all and every one of his Majesty's Subjects and others within this Province and Territories depending thereon in America That they forbear holding any Correspondence with or giving any Assistance to such Person or Persons who have been fitted out of Scotland in manner aforesaid are said to have settled in a certain place which they have called Caledonia That no Provision Arms Ammunition or other necessaries whatsoever be carried either in their own Vessels or in any other Ship or Vessel for their use from this Province or any part thereof And his Majesty's Collector and Receiver General and all other Officers of his Majesty's Custom-House are hereby required to take notice hereof accordingly And I do further strictly charge command and forbid by and with the consent of his Majesty's Council as aforesaid all his Majesty's said Subjects and others within this Province that they neither by themselves nor by any other Persons authorized by them contrary to his Majesty's Royal Pleasure as aforesaid hold any Correspondence or give any Assistance or enter into any Traffick or Commerce with such persons as are said to be settled in Caledonia aforesaid And if any Person or Persons within this Province by themselves their Factors or Agents shall contrary to and against the true intent and meaning of this his Majesty's Royal Will and Pleasure signified unto me as aforesaid hold any Correspondence or give any Assistance or enter into any Traffick or Commerce in manner aforesaid then all such Person or Persons so acting as aforesaid shall incurr such Pains Penalties and Forfeitures as by Law in such Cases are provided And all his Majesty's Subjects and others within this Province are hereby required to take due notice hereof and to observe his Majesty 's said Royal Will and pleasure in all and every of the Premisses as they will answer the contrary at their peril Given at Fort William Henry in New-York the 15th day of May 1699. and in the Eleventh Year of his Majesty's Reign By Order B. Cole Cl. Concilii Bellomont God save the King Printed by W. Bradford Printer to the Kings most Excellent Majesty in New-York 1699. By his Excellency Richard Earl of Bellamont Captain General and Governour in chief of his Majesty's Provinces of the Massachusetts-Bay New-York c. in America and of the Territories thereon depending and Vice-Admiral of the same A PROCLAMATION WHEREAS his most Excellent Majesty having received Advice that several Ships of Force fitted out in Scotland were arrived at the Island of St. Thomas with an Intention as they declared to settle themselves in some parts of America Lest the same should derogate from the Treaties his Majesty has entred into with the Crown of Spain or be otherwise prejudicial to any of his Majesty's Colonies in the West-Indies his Majesty has been pleased to signify his Royal Pleasure to me That I should strictly forbid all his Majesty's Subjects or others inhabiting within the Districts of my Government that they forbear holding any Correspondence with or giving any Assistance to any of the said Persons while they are engaged in the foresaid Enterprize and that no Provision Arms Ammunition or other Necessaries whatsoever be carried to them from thence nor be carried either in their own Vessels or any
of 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
Adventurers in the Joynt-Stock of the said Company as is singularly manifest by the 42d Act of the 5th Session of this current Parliament especially calculated for that end only Upon the publick Faith of having due Protection in the enjoyment of these unquestionable Priviledges and Immunities as having received their Sanction from His Majesty and the unanimous Suffrage of the great Council of the Nation as aforesaid many Persons of all Ranks and Degrees were thereby induced to become Adventurers in the Joynt-Stock of our said Company in in so much that in a very short time a much more considerable Stock was subscrib'd for within this Kingdom than was ever before so much as propos'd here upon any project whatsoever since we were a Nation Being thus entred into a Society We and our Constituents have pursuant to the intentions of the Acts of Parliament and Letters Patent above-mention'd with much care and trouble and a great Expense of Treasure after having struggled with many unexpected Obstructions and Difficulties setled a Plantation by the Name of Caledonia in one of the most Healthful Fruitfull naturally impregnable and every way valuable Places in all America as is universally acknowledged by all Per'ons of Experience in such Matters as well as by the General Consent of such as have been there And as a manifest proof thereof tho our said Plantation be settled most strictly in the terms of the Acts of Parliament and Letters Patent abovementioned yet it has raised the Jealousy of some and Envy of others of the most knowing and considerable Trading Nations in Europe But to our and the Nations great Surprise and inestimable Loss while we were using all ordinary means and big with the hopes of riveting that Settlement upon a lasting Foundation such was the further continued Chain of unexpected Obstructions and most unaccountable Mal-treatments that we met with by Proclamations of a very strange Nature and otherwise that the repeated Misfortunes following thereupon put us under an indispensible Necessity of humbly petitioning His Majesty for allowing the Parliament to meet at the day appointed in November last in full confidence and Expectation of having the most natural and cordial Assistance from those who have first established our Company and promised it Protection especially since all our other Applications have hitherto proved ineffectual But a meeting of the Estates of Parliament at that time not quadrating it would seem with His Majesty's other Affairs a very considerable Body of the Nobility Gentry and Burgesses of this Kingdom thought fit in a most dutiful and humble manner by their late Address to represent to His Majesty how deeply they were affected with the Nations concern in our Company 's repeated Misfortunes and therefore humbly Petitioned for the sitting of this Parliament as soon as conveniently might be And the King having been most graciously pleased to order the Meeting of the Right Honourable Estates now in Parliament We think our selves in all duty bound to give His Grace His Majesty's High Commissioner and the Right Honourable the Estates a short and naked Narrative of the several Obstructions and Misfortunes that we have been all along forc'd to grapple with in the prosecution of our Company 's Designs to the end that the great Council of the Nation having a perfect View and full Knowledge of these Difficulties which we now Labour under may be the better able to judge how to apply a Remedy The first attempt for strengthning our Company 's Interest and Stock was at London where a Subscription of 300000 sterl was procured in Nine days time without so much as a publick Advertisement and many knowing Merchants were so far convinc'd of the many Advantages that might probably arise from such a Constitution that they signified their willingness to be concerned for Triple the Sum if allowed But not only did the Parliament of England by their Address to His Majesty of the 13th of December 1695. and otherways render that Subscription ineffectual but the House of Commons did also appoint a Committee to examine what Methods were taken for obtaining the Act of Parliament by which our said Company is established who were the Promoters and Advisers thereof and did afterwards impeach the Nominees in the said Act of Parliament notwithstanding the absolute Independency of this Kingdom Yet after all this Discouragement we went on with our Subscriptions at home and made our next Effort for strengthning thereof beyond Sea both in Holland and Hamburgh In the first of which places many eminent Merchants declared their positive inclinations to be very considerably interested with us and gave some signal Proofs thereof till they were made to understand by Threatnings and other Insinuations that a Higher Power would make them at least very uneasy if they persisted any further in their Resolutions of being concerned with our Company And at Hamburgh where we had the most promising Hopes of foreign Assistance the Comercii or Merchant Company entred into Contract with our Company 's Deputees to joyn at least 200000 l. Sterl to our Company 's Stock but to our great Astonishment His Majesty of Great Brittains Ministers there did under pretence of special Warrant from the King put a full stop thereto by giving in A Memorial to the Burgo-Masters Gentlemen-Councellors of that City wholly dis-owning the Authority of the Acts of Parliament and Letters Patent abovemention'd intimating that His Majesty would regard their entring into Treaties with our Company as an Affront to his Royal Authority and that he would not fail to resent it as having neither Credential Letters nor being any otherways Authoriz'd by His Majrsty Upon notice whereof we did in all humble Duty Address His Majesty in June 1997 for Redress of that open and bold Encroachment upon not only our but also the Nations Rights in its most fundamental Constitution by endeavouring to subvert the Independency of its Parliamentary Laws expresly contrary to the Law of Nations All which His Majesty by his Royal Letter from Flanders in July 1697 Promised to take into Consideration as soon as he would return into England and that in the mean time His Majesty would give Orders to his Ministers at Hamburgh not to obstruct our Company in the prosecution of its Trade with the Inhabitants of that City In the full Confidence of His Majesty's Royal Promise we thought our selves secure and took our Measures accordingly till to our further surprize we found by several Instances that His Majesty's said Ministers were as wickedly bent against us as ever and still denying that they had got any such Orders from His Majesty Whereupon the Directors of our Company did by their Letter of the 28 of September 1697 expostulate in the first place with both the then Secretaries of State about that further Dis-appointment but having still no Redress therein we did in most humble and dutiful Manner by our second Address of the 22d day of December 1697. lay the whole Matter again
Necessaries for securing so valuable a Settlement to this Nation we were astonished to have Advice That by Orders from England in January 1699 Proclamations had been emitted in the Months of April and May over all His Majesties Plantations and Territories in America strictly Intercommuning our Colony under very severe Penalties to be inflicted on the Contraveeners of these Proclamations in regard His Majesty as these Proclamations narrate was unacquainted with the Intentions and Designs of the Scots settling at Darien As we humbly considered these Proclamations to be such as were never before published in those parts against any other People upon Earth and of so Barbarous a Nature as we thought no Good Christians would put in Execution even against Infidels So finding ourselves unquestionably warranted by all Laws Humane and Divine we persisted in our Endeavours for mantaining that Settlement as hoping that through means thereof this Nation might in time have an Opportunity of raising it self above the open Contempt Reproach and Insults of its unkind Neighbours and of propagating the Gospel amongst the Ignorant good Natur'd Indians of those parts But before our Recruits could possibly arrive at Caledonia our Colony got certain Accounts of these Proclamations and finding at the same time the sad effects thereof by being denied any the least help either for Goods or Money at Jamaica from whence they had formerly Supplies and that in the Proclamation issued by Sir William Beston Governour of that Island he had positively declared That by their Settlement in Darien they had actually broken the Peace entred into with His Majesties Allies which they believed he durst not veuture to have done without a sufficient Warrant And finding themselves thereby to be of consequence declared Pirates without any previous Summons or Hearing contrary to the Customs and common Usage of all Nations even in the case of real Piracy and founding a Belief at the same time on the Treatment which they knew our Company had formerly met with in Europe without being Redress'd therein that we were not in a Condition either to supply or protect them they unhappily took the Alarm under such a General Consternation as devested them not only of all manner of patience to struggle with any Inconveniencies they lay under at the time but also of all manner of prudence in taking any reasonable Measures either for their own Security or for our Company 's interest In the midst of which Consusion those of them who had any bad Designs as we could not well suppose such a Number to be free of some made use of these Proclamations as handies by which to perpetrate their own several ends and easily perswaded all the rest to leave the Settlement Which they unadvisedly did the 20th of June last And by that means not only have the Ships Men and Goods which were there at that time been exposed to the Arbitrary will of those to whom the Execution of those Proclamations was given in Charge but even all our subsequent Measures brought into inevitable disorder Upon Information of all which we did by our humble Petition to His Majesty of the 19th of October 1699 in all humility and earnestness beg That His Majesty would in His Fatherly care for the good of our Company in particular and of the Nation in General be graciously pleased to give special Testimonies of his Majesty's Royal Protection to our Company at that Juncture and particularly to take off the Force and effect of those Proclamations which have been so prejudicial to us and to signify his Royal pleasure to the Governours of his Plantations in America that our Colony might be supplied in the common and ordinary way of Commerce as those of other Nations are And that in the mean time His Majesty would be graciously pleased to allow the Estates of Parliament to meet at the day appointed in November last or as soon as conveniently may be to the end that their Advice and Assistance might be had in such a weighty and General Concern We likewise by our humble Address to His Majesty's most Honourable Privy Council of the 20th of October 1699. Represented what we thought in duty and prudence necessary with relation to the Contents of our said Petition to his Majesty Humbly referring the whole to their Lordships most serious consideration and praying that they would be pleased to do us all the good Offices with his Majesty that they 'd think most expedient for supporting our Company and Colonys Interest and to give him an account of our Company 's hard Circumstances and how much the Honour and Interest of the Nation stood concern'd therein His Majesty was graciously pleased by His Royal Letter to us of the 2d of November 1699 to declare that He did very much regret the Loss which the Kingdom and the Company had lately sustain'd That he would upon all occasions protect and encourage the Trade of the Nation That he would take care that His Subjects of this Kingdom should have the same freedom of Trade and Commerce with his English Plantations that ever they had formerly and that he would order the Parliament to meet when he 'd judge that the Good of the Nation would require it But in some short time thereafter while we were solacing our selves with the hopes of having his Majesty's protection not only as a Company established by his Royal Authority with the Advice and Consent of Parliament but also as Subjects making all the Preparations we could to send the needful Supplies and Advices to those who were last sent for Repossessing the same Settlement We were further astonished to have Advices that by second Orders from England another Fleece of Proclamations had been emitted over all the English Plantations in America particularly on the 5th of September last in Barhados c. And that in complyance with the intent of these Proclamations Our People that went along with the Rising-Sun were in November last positively denied Wood and Water at Monserat a Priviledge never before denied to any other Nation And by a Letter of the 29th of January last from the Commander of another of our Company 's Ships we are assured that they were positively denied Anchoring at St Christophers by the Governour Colonel Norton who out of his own Mouth declared to the Commander of our said Ship That he did it by new Orders which he had received about a Month before altho at the same time two Dutch Ships were then Watering there which we have since confirmed to us by Letters from Mr. Daniel Mackay one of the Councellours of our Colony dated at Port-Royal in Jamaica the 13th of February last By which Letters he informs us likewise That when he waited upon the Governour of that Island concerning our Company 's Ship the St. Andrew lying in that Harbour The Governour declared to him That tho the said Ship were fitted for going to Sea he would not suffer her to go without a special Order from England
Grace His Majesty's High Commissioner 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 Right Honourable Estates WHEREAS By our former Petition of the 16th of May last we laid a Representation of the then Circumstances of our Company 's Affairs before your Grace and Right Honourable Estates Which being once read and nothing done thereupon we now humbly intreat that the same still lying in the Clerks Hands may at this time be again read considered in Parliament And do further Represent That since that time we have the Melancholly Assurance of what we then feared from the constant Course of our Discouragements that the Governour of Carthagena for the King of Spain His Majesty's Ally has from the Unneighbourly Instignation of those from whom we ought more reasonably to have expected Assistance been encouraged to make an Attempt for dispossessing our Colony of Caledonia And in order thereunto Blockaded them up by Sea attacked them by Land in the time of profound peace and that some of our said Colony being too easily frighten'd by their Apprehensions of those evil Consequences that they thought must necessarly have attended the many Discouragements and want of Protection which we labour'd under all along have unwarrantably taken upon them the Power to surrender our Company 's said Settlement to the Spaniards to the unspeakable Loss and great Dishonour of the Nation and that the West-India Proclamations mention'd in our former Petition being still as much in force and rigorously executed as ever against us we could not all this time nor cannot as yet expect the Liberty even of carrying off our Ships that are lying perishing at Port-Royal in Jamaica and Amboy-Perth in East-Jersey without your Interposition on our Company 's behalf for procuring to us Warrants from His Majesty directed to the respective Governours of those Parts for that effect especially since the Governour of Jamaica has at several times and to several Persons declared That he will not part with our Company 's Ship the Saint-Andrew without a special warrant from England and that all our Solicitations to the Secretaries of State for that end have hitherto proved ineffectual And we cannot but likewise Represent to your Grace and Right Honourable Estates how that the want of due Protection to our Company all along and the continued Tract of Encroachments upon its Priviledges Abroad without any Redress therein has encouraged some Persons to break in upon the Priviledges of our Company even at Home MAY it therefore Please Your Grace and Right Honourable Estates to take the Contents of this and our former Petition above-mention'd into your most serious Consideration to take such effectual Measures as in your Profound Wisdom you shall think fit for Asserting and Vindicating our Company 's Rights both abroad and at home for enabling it to prosecute its lawful Undertakings for procuring Reparation from the Spaniards and others for the Dammages sustained and for preventing the like Encroachments for the future Signed at Edinburgh the 28th day of October 1700 in Name Presence and by Warrant of the said Council-General By JOHN SCHAW I.P.C.G. FINIS Non solum ferit uncis cornibus hostem Verum etiam instanti laesa repugnat ovis Prop. THE CONTENTS THe Act of Parliament establishing a Company Trading to Africa and the Indies the 26th of June 1695. The Parliament of England's Address to His Majesty concerning the said Act the 13th of December and presented the 17th Ditto 1695 p. 1. His Majesty's most gracious Answer to that Address p 3. A Memorial given in to the Senate of Hamburgh by Sir Paul Rycaut Resident for his Majesty in that City and Mr. Cresset His Majesty's Envoy extraordinary at the Courts of Lunenburgh against the Company the 7th of April 1697. p. 4. The Answer p. 6. A Memorial given in thereupon to the Senate of that City by the Company 's Deputees the 9th of April 1697. Ibid. What was done thereupon p. 7. The Humble Address of the Council-General of the Company of Scotland Trading to Africa and the Indies to His Majesty upon that occasion the 28th of June 1697. Ibid. His Majesty's Answer to that Address the 2d of August 1697. p. 11 A Letter of Expostulation from the Directors of the Company to the Secretaries of State the 28th of September 1697. Ibid. The humble Address of the Council-General of the Company to His Majesty the 22d day of December 1697. p. 14. The humble Representation of the Council-General of the Company to His Majesty's most Honourable Privy Council the 22d day of December 1697. p. 16. A Letter from the Council-General of the Company to His Grace the Duke of Queensberry the 25th day of December 1697. p. 19. A Letter from both the Secretaries of State in Answer to the Council-General of the Company 's Second Address to His Majesty January the 17th 1698. p. 20 The humble Petition of the Council-General of the Company to His Grace His Majesty's High Commissioner and the Right Honourable the Estates of Parliament the 22th of July 1698. p. 21. The Parliament of Scotland's Address to His Majesty in relation to the Hamburgh-Memorial and the other Contents of that Petition The 28th of August 1698. p. 26. The humble Petition of the Court of Directors of the Company to His Majesty the 16th day of August 1698 in pursuance of the Parliament's Address p. 27. A Letter from Mr. Stevenson the Company 's Agent at Hamburgh to the Court of Directors of the Company the 4th of October 1698 concerning the Hamburgh-Memorial c. p. 29. A Letter from Ditto the 18th of October 1698. p. 30. A Letter from the Court of Directors of the Company to the Right Honourable the Viscount of Seafield Secretary of State the 29th of November 1698 relative to the former Letters p. 31. The Secretaries Answer the 13th of December 1698. p. 32. A Letter from the Court of Directors of the Company in Answer to the Secretary of State January 13th 1699. p. 33. A Letter from the Secretary of State the 17th of February 1699 in Answer to the Company 's Petition of the 16th of the preceeding August p. 34 A Letter from the Council-General of the Company to His Majesty giving an Account of the Colony's Arrival and Settlement at Darien and of the French Designs upon that Coast the 31th of March 1699. Ibid. A Letter from the Court of Directors to the Secretaries of State the 1st of April 1699 enlarging on the Contents of the preceeding Letter to the King p. 36. A Memorial presented to the King of Great Brittain by the Ambassadour Extraordinary of Spain against the Scots Settlement at Darien the 3d. of May 1699. p. 40 The first Memorial presented to his Majesty by the Lord President of the Session and Lord Advocat on behalf of the Company and asserting the legality of