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
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
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
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
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
before His Majesty And did likewise at the same time not only humbly Represent the Premisses to His Majesty's most Honourable Privy-Council together with the train of ill Consequences that must necessarly attend such Treatment if not prevented by an early Redress but wrote also separately to both the Secretaries of State and such other Noble Persons of the Government as happen'd to be then at London To use their Joint Interest for procuring Justice in a Matter of such Universal Concern to the Honour Interest and Independency of the whole Kingdom All the Answer we obtain'd was by a Letter of the 17th of January 1698 from both the Secretaries of State That the King said He had already given Orders to His Resident at Hamburgh in that Matter conform to his Royal Letter from Flanders in July 1697 which was then communicated to the Company By which Answer together with what repeated Advices we had at the same time from Hamburgh that the English Ministers there had still positively disown'd their having got any such Orders we were put out of all Hopes of having any Redress untill we should have an Opportunity of laying the whole Matter before a Meeting of the Estates of Parliament But in the mean time we proceeded with all the Strength we had tho' extremely weak'ned by the Treatment above-narrated to make the best Preparations we could considering the Scarcity of these Years for sitting out an Equipage of Ships Men Provisions and other Necessaries for settling a Plantation in America in the Terms of the Acts of Parliament and Letters Patent above-mention'd And its evident by the very Constitutions of the Colony that they were calculated more for the general Advantage of the Nation and Posterity than for the particular and immediate Benefite of the Adventurers And the Parliament happening to meet the very next Day after our Ships had sail'd we did by our Humble Petition of the 22d of July 1698 Represent to his Grace His Majesties then High Commissioner and the Right Honourable Estates then assembled in Parliament the Treatment which our Company met with at London Hamhurgh as aforesaid the great Prejudices which we had sustain'd thereby and the many further Inconveniencies and evil Consequences that must necessarly have followed thereupon if upon any Account whatsoever the Parliament should happen to neglect the taking immediate Cognizance of such Usage And the Parliament having thereupon by their Unanimous Address of the 5th of August 1698 to His Majesty thought fit to manifest their own and the whole Nations Concern in that Matter earnestly entreating and most assuredly expecting That His Majesty would in His Royal Wisdom take such Measures as might effectually vindicate the Undoubted Rights and Priviledges of the said Company and support the Credit and interest thereof And the Parliament likewise by the same Address recommending the Concerns of the said Company to some special Marks of His Majesties Royal Favour as that Branch of the Trade of this Kingdom in which they and the Nation they represented had a more peculiar Interest The Court of Directors of our Company were thereby encourag'd to renew their Application to His Majesty with relation to the Memorial given in by His Ministers to the Senate of Hamburgh the same being specially mention'd in the Parliaments Address And in Consideration of the Dammages sustain'd by the Company through Means of that Memorial the Directors humbly Petition'd That His Majesty would be pleased for their Encouragement at that time as a Gracious Mark of His Royal Favour to bestow upon them the two smallest of the Frigots then and to this Hour lying useless in Bruntisland Harbour But our Company having no manner of Answer to either of these and being assured by several Letters from Hamburgh That both the English Ministers there had positively denyed their having received any such Orders as were long before promised and declared to have been given with Relation to that Memorial the Court of Directors of our Company did by their Letter of the 29th of November 1698 transmit Copies of the said Letters to the Viscount of Seafield then sole Secretary of State and entreated his Lordship to procure some speedy and effectual Answer from His Majesty to the Contents of both that Letter and their former Petition The Secretary by his Letter of the 13th of December 1698 returned for Answet That he would take the first convenient Opportunity he could have to represent that Matter to the King but that he could not expect to have it for some time because His Majesty was then very much imployed in the Affairs of his English Parliament We thereupon waited a full Month in expectation of some further Answer but getting none our Court of Directors did by a Letter of the 13th of January 1699 put the Secretary again in mind of our said Petition of the preceeding August and Letter of the 29th of November The Secretary by his Letter of the 7th of February 1699 signified That he had presented our Company 's Petition to His Majesty and was commanded to let us know that there being Accounts that the Ships belonging to the Company were arriv'd upon the Coast of America and the particular Design not being communicated to His Majesty He therefore delayed to give any Answer until he should receive certain Information of their Settlement Tho' we could not but be surpriz'd to find all our former Addresses and Petitions about Matters of such weighty Concern as are above narrated Answered after so long delay only with a seeming Charge for not having communicated to His Majesty a thing that was never in the least demanded of us by either the King Parliament Privy Council or Ministers of State we being limited to settle in the Terms of the Acts of Parliament as we should be Answerable Yet upon the very first Advice we had of our Colony's Settlement in Caledonia we by our Letters of the 31st of March and 1st of April 1699 gave a very full and dutiful Account thereof to His Majesty and to both the Secretaries of State together with an Account of the French Designs thereabouts and of what Import our said Settlement if duly protected might prove to the Interest and Security of all His Majesties Dominions and referred the same together with the Contents of our former Petitions to His Majesties Royal Consideration About this time it was That His Majesty was pleased to call the President of the Session and the Advocat to Court to the end as we understood that they jointly with both the Secretaries of State might in a Conference with several of the English Ministers satisfy His Majesty as to the Legality of our Company 's Settlement Which by all that ever we could learn was then and otherways since that time made clear beyond all manner of Dispute But while in the mean time we were pawning even our own particular Credits for sending the needful Supplies of Ships Men Provisions Arms Ammunition and other
their Settlement in Darien the of May. 1699. p. 41. A Second Memorial by Ditto p. 51 A Third Memorial by Ditto p. 54. A Memorandum concerning the Spanish and French Ambassadours at the Court of England in September 1699. p. 74. The Council of Caledonia's Address to His Majesty delivered to the Secretaries of State the of September 1699. Ibid. A Proclamation by the Governour of Jamaica against the Company and Colony the 8th of April 1699. p. 77. A Proclamation by the Governour of Barbados against Ditto the 13th of April 1699. p 78. A Proclamation by the Governour of New-York against Ditto the 15th of May 1699. p. 79. A Proclamation by Ditto as Governour of New-England against Ditto the 3d. of June 1699. p. 81. A Second Proclamation by the Governour of Barbados against Ditto the 5th of September 1699. p. 83. The Council-General of the Company 's Petition to His Majesty concerning those Proclamations c. the 19th of October 1699. p. 84 His Majesty's Answer The 2d of November 1699. p. 87 The humble Address of the Council-General of the Company to His Majesty's most Honourable Privy Council upon that occasion The 20th of October 1699. p. 88. A Letter from the Council-General of the Company to the Secretaries of State concerning their humble Address to the King with relation to Captain Pinkerton c. the 4th of December 1699. p. 91. The humble Address of the Council-General of the Company to his Majesty concerning Captain Robert Pinkarton c. The 4th of December 1699. p. 92. A Letter from my Lord Chancellor to the Directors of the Company the 4th of January 1700. p. 96 A Letter from the Directors to each of the Secretaries of State the 9th of January 1700. concerning the Lord Chancellours said Letter p. 97. A Letter from the Directors of the Company to Lord Basil Hamilton concerning the Premisses the 9th of January 1700. p. 98. His Majesty's Answer to the Company 's Address by a Letter to His Privy Council of Scotland the 10th of January 1700. p. 100 Another Letter from the Council-General of the Company to Lord Basil Hamilton the 29th of January 1700. p. 102 A Proclamation anent Petitioning The 18th of December 1699. p. 103. The humble Address of the English House of Lords against the Company 's Settling a Colony at Darien presented to His Majesty the 12th of February 1700. p. 138. His Majesty's most gracious Answer to that Address p. 140 The first National Address Petitioning that His Majesty would be graciously pleased to allow the Parliament of Scotland to meet c. presented to His Majesty the 25th of March 1700. p. 105 His Majesty's most Gracious Answer p. 107. The humble Representation and Petition of the Company to His Grace His Majesty's High Commissioner and the Right Honourable Estates of Parliament the 16th of May 1700. p. 108 The humble Address and Petition of the Heretors of the Shire of Haddingtoun presented and read in Parliament the 27th of May 1700. p. 124 The heads of several Addresses from other Shires and Burghs which were likewise read in Parliament at the same time p. 126. An humble Address to His Majesty from the Plurality of the Members of Parliament then present concerning the manner of Adjourning the Parliament presented to His Majesty the 11th of June 1700. p. 127. His Majesty's most Gracious Answer His Majesty's most Gracious Declaration by way of Letter directed to His Grace the King 's High Commissioner and the Privy Council of Scotland Given at Loo the 26th of July 1700 and published after the manner of Proclamations Ibid. The last National Address presented to His Majesty the 16th of November 1700. p. 133 His Majesty's most Gracious Answer p. 137 The humble Representation and Petition of the Council-General of the Company to His Grace His Majesty's High Commissioner and the Right Honourable Estates of Parliament the 28th of October 1700. p. 142. FINIS A CATALOGUE of the several Books and Pamphlets that have been hitherto Published concerning the Indian and African Company of Scotland set down according to Order of time for the Information of the Curious 1. A Letter from a Member of the Parliament of Scotland to his Friend at London shewing the reasonableness of that Act by which the Company is established Printed 1695 2. Some seasonable and modest Thoughts c. humbly offered to R. H. a Member of the House of Commons of England 1696. 3. A Letter from a Gentleman in the Countrey to his Friend at Edinburgh 1696. 4. A Letter from a Merchant in Amsterdam to his Friend at Hamburgh concerning the Designs of the Scot Indian Company 1697. 5. Some Observations on it in a Letter from Hamburgh by way of Answer to it 1697. 6. A Letter from the Commission of the General Assembly of the Church of Scotland to the Council and Colony of Caledonia 1699. 7. A Defence of the Scots Settlement at Darien c. 1699. 8. A short and impartial view of the manner and occasion of the Scots Colony's coming away from Darien 1699. 9. A Defence of the Scots Abdicating Darien c. Written by Herostratus Junior alias Harris 1700. 10. A just and modest Vindication of the Scots design for the having established a Coloney at Darien c. with a Prefatory confutation of Harris 11. An Enquiry into the Causes of the Miscarriage of the Scots Colony at Darien containing a full Answer to Harris 's Libel 1700. 12. A short Vindication of the Defence of the Scots Abdicating Darien c. 1700. 13. Scotland 's present Duty Or a Call to the Nobility Gentry Ministry c. 1700. 14. Scotland 's Grievances with relation to Darien c. humbly offered to the consideration of the Parliament 1700. 15. A full and exact Collection of all the considerable Addresses Memorials Petitions Answers Proclamations Declarations Letters and other publick Papers relating to the Company of Scotland Trading to Africa and the Indies since the passing of the Act of Parliament by which it was established in June 1695 till November 1700 ☞ Nota The 4th 9th and 12th Pamphlets of this Catalogue are written against the Company and all the rest for it except the last which consists of a Collection of several publick Papers of different kinds upon the same Subject promiscuously gathered by an impartial hand Contraria juxta se posita clarius elucescunt
A Full and Exact COLLECTION OF All the Considerable Addresses Memorials Petitions Answers Proclamations Declarations Letters and other Publick Papers Relating to the Company of SCOTLAND Trading to AFRICA and the INDIES since the passing of the Act of Parliament by which the said Company was established in June 1695 till November 1700. Together with a short Preface including the Act it self as also a Table of the whole Contents Forsan haee olim meminisse Juvabit Virg. Grata superveniet quae non â—â—perabitur hora. Hor. Printed in the Year 1700 The Preface THe Endeavours of the Company of Scotland Trading to Africa and the Indies in establishing a Colony and Settlement in so important a place as that Isthmus or narrow neck of Land commonly called Darien situated upon the hight of the World between the spacious South and North Seas and consequently a fit Center for so extended and universal a Trade as seems to have been intended by the Act of Parliament establishing that Company having not only been the Subject-Matter of a great deal of Discourse and Speculation both Abroad and at Home but also raised the Jealousy of some and the Envy of others of the most considerable Courts in Europe That together with the continued course of Opposition which the Company met with in all its Designs and Undertakings gave occasion to the Writing of several very Ingenious Books concerning it But these Books referring very often to several publick Papers contain'd in this Collection it is humbly presum'd that of all that has been written upon that Subject nothing can be more acceptable to the Publick nor of more real use in giving a juct View to indifferent Persons of positive Matters of Fact without any artificial Embellishments or Reflections thereupon than the following Collection taken as near as possible from the very Original Papers themselves It 's true there was a small Collection of this kind Printed formerly under the Title of Original Papers c. But the haste in which it seems that Collection was done giving probably occasion to its being very imperfect in many respects and it containing scarcely the Third Part of what this does it was thought fit for the General Satisfaction of all contending Parties and others to make this Collection with more deliberation and as compleat as possible to the end that there may be no occasion for any further Additions to it unless future events afford matter for a Second Volume And that the Reader may likewise see how far the measures taken by the Company are warranted by the Act of Parliament by which it was established an exact Copy of the Act of Parliament it self is hereunto subjoyned ACT FOR A COMPANY Trading to AFRICA and the INDIES June 26. 1695. OUR SOVERAIGN LORD Taking into His consideration That by an Act past in this present Parliament Intituled Act for Encouraging of Forraign Trade His Majesty for the Improvement thereof did with Advice Consent of the Estates of Parliament Statute and Declare that Merchants more or fewer may Contract and enter into such Societies and Companies for carrying on of Trade as to any Subject of Goods or Merchandise to whatsomever Kingdoms Countries or Parts of the World not being in War with His Majesty where Trade is in use to be or may be followed and particularly beside the Kingdoms and Countries of Europe to the East and West-Indies the Streights to Trade in the Mediterranean or upon the Coast of Africa or in the Northern Parts or else where as above Which Societies and Companies being contracted and entred into upon the terms and in the usual manner as such Companies are set up and in use in other parts consistent always with the Laws of this Kingdom His Majesty with consent foresaid did allow and Ap prove giving and granting to them and each of them all Powers Rights and Priviledges as to their Persons Rules and Orders that by the Laws are given to Companies allowed to be Erected for Manufactories And His Majesty for their greater Encouragement did promise to give to these Companies and each of them His Letters patent under the Great Seal confirming to them the whole foresaid Powers and Priviledges with what other Encouragement His Majesty should judge needfull as the foresaid Act of Parliament at more length bears And His Majesty understanding that several Persons as well Forreigners as Natives of this Kingdom are willing to engage themselves with great Sums of Money in an American African and Indian Trade to be exercised in and from this Kingdom if Inabled and Incouraged thereunto by the Concessions Powers and Priviledges needfull and usual in such Cases Therefore and in pursuance of the foresaid Act of Parliament His Majesty with Advice and Consent of the said Estates of Parliament Doth hereby make and constitute John Lord Belhaven Adam Cockburn of Ormistoun Lord Justice Clerk Mr. Francis Montgomery of Giffen Sir John Maxwell of Pollock Sir Robert Chiesly present Provost of Edinburgh John Swinton of that Ilk George Clerk late Baillie of Edinburgh Mr. Robert Blackwood and James Balfour Merchants in Edinburgh and John Corss Merchant in Glasgow William Paterson Esquire James Foulis David Nairn Esquire Thomas Deans Esquire James Chiesly James Smith Thomas Couts Hugh Frazer Joseph Cohen D' Azevedo and Walter Steuart Merchants in London with such others as shall joyn with them within the space of twelve Months after the first of August next and all others whom the foresaid persons and these joyned with them or major part of them being assembled shall admit and joyn into their Joint-Stock and Trade who shall all be Repute as if herein originally insert to be one Body Incorporate and a free Incorporation with perpetual Succession by the Name of the CGMPANY of SCOTLAND Trading to Africa and the Indies Providing always Likeas It is hereby in the first place provided that of the Fond or Capital Stock that shall be agreed to be Advanced and Imployed by the foresaid Undertakers and their Copartners The Half at least shall be Appointed and Allotted for Scots Men within this Kingdom who shall enter and Subscribe to the said Company before the first day of August One Thousand Six Hundred and Ninety Six Years And if it shall happen that Scots Men living within this Kingdom shall not betwixt and the foresaid Term subscribe for and make up the equal half of the said Fond or Capital Stock Then and in that case allennarly it shall be and is hereby allowed to Scots Men residing abroad or to Forreigners to come in Subscribe and to be assumed for the Superplus of the said half and no otherways Likeas the Quota of every Mans part of the said Stock whereupon he shall be capable to enter into the said Company whether he be Native or Forreigner shall be for the least one Hundred lib. sterl And for the Highest or Greatest Three Thousand lib. Sterl and no more directly nor indirectly in any sort With power to the
His Majesty doth further Ordain Letters Patent to be expede hereupon containing the whole Premisses under the great Seal of this Kingdom for doing whereof Per Saltum Thir presents shall be sufficient warrand both to the Director and chancellor or Keeper of the Great Seal as use is 〈◊〉 like cases Extracted furth of the Records of Parliament by TARBAT Cls. Regist THE HUMBLE ADDRESS OF THE Right Honourable the Lords Spiritual and Temporal and Commons in Parliament Assembled Die Veneris 13. Decembris 1695. WE the Lords Spiritual and Temporal and Commons in Parliament Assembled having taken into our Consideration the State of the Trade of this Kingdom Do find That besides many other Disadvantages and Difficulties it now lies under An Act of Parliament that hath lately Received Your Majesty's Royal Assent in Your Kingdom of Scotland for Erecting a Company Trading to Africa and the Indies is likely to bring many great Prejudices and Mischiefs to all Your Majesty's Subjects that are concerned in the Wealth or Trade of this Nation And therefore in all Duty to Your Majesty and the Care we ought to have of this Kingdom We do humbly Represent to Your Majesty that the said Act does provide That all Ships Vessels Merchandize Goods and other Effects whatsoever belonging to that Company shall be free from all manner of Restraints or Prohibitions and of all Customs Taxes Cesses Supplies or other Duties Imposed or to be Imposed by Act of Parliament or otherways for the space of One and Twenty Years And further That the said Company Whole Members Officers Servants or others belonging thereto shall be free both in their Persons Estates and Goods Employed in the said Stock and Trade from all manner of Taxes Cesses Supplies Excises Quartring of Soldiers Transient or Local or Levying of Soldiers or other Impositions during the space of One and Twenty Years By reason of which great Advantages granted to the Scots East-India Company and the Duties and Difficulties that lie upon that Trade in England a great part of the Stock and Shipping of this Nation will be carried thither and by this Means Scotland be made a free Port for all East-India Commodities and consequently those several Places in Europe which were Supplyed from England will be Furnished from thence much Cheaper than can be done by the English And therefore this Nation will lose the Benefit of Supplying Foreign Parts with those Commodities which hath always been a great Article in the Ballance of our Forreign Trade Moreover the said Commodities will unavoidably be brought by the Scots into England by Stealth both by Sea and Land to the vast Prejudice of the English Trade and Navigation and to the great Detriment of Your Majesty in Your Customs And when once that Nation shall have settled themselves in Plantations in America our Commerce in Tobacco Sugar Cotton Wool Skins Masts c. will be utterly lost because the Priviledges of that Nation granted to them by this Act are such That that Kingdom must be the Magazine for all those Commodities and the English Plantations and the Traffick thereof lost to us and Exportation of our own Manufactures Yearly Decreased Besides these and many other Obstructions that this Act will unavoidably bring to the General Trade of this Nation Another Clause in the said Act whereby your Majesty Promises to Interpose your Authority to have Restitution Reparation and Satisfaction made for any Damage that may be done to any of the Ships Goods Merchandize Persons or other Effects whatsoever belonging to the said Company and that upon the Publick Charge Does seem to Engage your Majesty to Employ the Shipping and Strength at Sea of this Nation to Support this New Company to the great Detriment even of this Kingdom All which great Prejudices Inconveniencies and Mischiefs arising by the said Act We in all Duty and Faithfulness lay before Your Majesty MATTH JOHNSON Cleric ' Parliamentor His Majesty's most Gracious Answer I Have been ill served in Scotland but I hope some Remedies may be found to prevent the Inconveniencies which may arise from this Act. A MEMORIAL Given in to the Senate of the City of Hamburgh in French faithfully Translated into English To their Magnificences the Burgo-Masters and to the Gentlemen-Councellors of this City of Hamburgh WE the Subscribers Ministers of His Majesty The King of Great Britain have upon the Arrival of Commissioners from an Indian-Company in SCOTLAND Represented at two several Times to your Magnificences and Lordships from the King our Master That His Majesty understanding that the said Commissioners Endeavoured to open to themselves a Commerce and Trade in these Parts by making some Convention or Treaty with this City had Commanded us most expresly to Notify to your Magnificences and Lordships That if you enter into such Conventions with privat Men His Subjects who have neither Credential Letters nor are any other ways Authorized by His Majesty That His Majesty would Regard such Proceedings as an Affront to His Royal Authority And that He would not fail to Resent it Your Magnificences and Lordships had the Goodness to Answer us thereto by your Deputy that you would no way enter into Commerce with the afore-mentioned Commissioners nor Encourage them in any sort Notwithstanding whereof We the Subscribers do see with Displeasure That without any Regard to the Remonstrances made by us in the Name of His Majesty the Inhabitants of this City forbear not to make Conventions and Treaties with the said Commissioners who dare even Erect a Publick-Office to receive Subscriptions as appears by the annexed Print And it is not very Credible That Strangers could so openly Enterprize Matters of such Importance without being Supported by this Government Wherefore We make our Just Complaints thereof to your Magnificences and Lordships Beseeching you in the Name of the King our Master to remedy in time that which is begun and to do it so Effectually as to prevent any Consequences it may have capable to disturb the Friendship and good Correspondence which we would Cultivat between England and the City of Hamburgh We wait your Magnificences and Lordships Answer in Writing to be transmitted to His Majesty our Master And we are Done at Hamburgh the 7th of April 1697. Your Magnificences and Lordships most humble Servants CRESSET His Britannick Majesties Envoy Extraordinary at the Courts of Lunenburgh and his Plenipotentiary at the Treaty of Pinenberg The Knight RYCAUT Resident for His Majesty the King of Great-Britain in the City of Hamburgh Which Memorial was immediatly transmitted by the Senate to the Commercii or Body of Merchants of that City who happening to be then met in their own Hall did upon Perusal thereof give the following Answer WE look upon it as a very strange thing That the King of Britain should offer to hinder us who are a Free People to Trade with whom we please But are amazed to think That he would hinder us from Joyning with his own Subjects in Scotland
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
Parliament together with His Majesty's Letters Patent under the Great Seal of this Kingdom our Company is establish'd with such ample Priviledges and Immunities as were thought most proper for encouraging both Natives and Foreigners to joyn in the carrying on supporting and advancement of our Trade We have in pursuance and upon the publick Faith thereof not only contributed at home a far more considerable Joint-Stock than was ever before raised in this Nation for any publick Undertaking or Project of Trade whatsoever but have also had all the promising Hopes and Prospect of Foreign Aid that our Hearts could wish till to our great Surprize the English Ministers at Hamburgh have under Pretence of Special Warrant from his Majesty put a stop thereto by giving in a Memorial to the Senate of that City threatning both Senate and Inhabitants with the King 's utmost Displeasure if they should countenance or joyn with us in any Treaty of Trade or Commerce As by the annexed Copy thereof may appear Upon due Consideration whereof we have in all Duty and Humility address'd His Majesty in June last for Redress thereof In answer to which Address His Majesty was then graciously pleased to signifie by his Royal Letter That upon His return into England He would take into Consideration the Contents of our said Address And that in the mean time He would give Orders to His said Ministers at Hamburgh not to make use of His Royal Name or Authorty for obstructing the Trade of our Company with the Inhabitants of that City In the full Assurance of which we rested secure and took our Measures accordingly till to our further Surprize and unspeakable Prejudice we found by repeated Advices from Hamburgh that the said Resident continues still Contumacious and is so far from giving due obedience to His Majesty's said Order that upon Application made to him by our Agent in that City with all the Respect due to his Character he declared That as yet he had got no such Order on our behalf Which by a further Address we are now to lay before His Majesty But whereas we humbly conceive your Lordships to be more immediatly under His Majesty the Guardians of the Laws and Liberties of this Kingdom we think it our Duty to represent to your Lordships the Consequences of the said Memorial both with relation to our Company in particular and the Priviledges Interest Honour Dignity and Reputation of the Nation in general Your Lordships very well know of what Concern the Success of this Company is to the whole Kingdom and that scarce any particular Society or Corporation within the same can justly boast of so unanimous a Suffrage or Sanction as the Acts of Parliament by which this Company is established So that if effectual measures be not taken for putting an early stop to such an open and violent Infringement of and Encroachment upon the Priviledges of so solemn a Constitution 't is hard to guess how far it may in after Ages be made use of as a Precedent for invading and overturning even the very Fundamental Rights Natural Liberties indisputable Independency of this Kingdom which by the now open and frequent Practises of our unkind Neighbours seem to be too shreudly pointed at And should this Company wherein the most considerable of the Nobility Gentry Merchants and whole Body of the Royal Boroughs are concern'd be so unhappy which God forbid as to have its Designs rendred unsuccessful through the unaccountable evil Treatments of our said Neighbours most certain it is that no Consideration whatever can thereafter induce this Nation to join in any such other Publick tho' never so advantageous Undertaking as not doubting but to meet with the like or greater Discouragements from those who give such frequent and manifest Indications of their Designs to wrest our Right and Freedom of Trade out of our Hands For which cause we humbly offer the Premisses to your Lordship's serious Consideration not doubting but you will in your profound Wisdom and Prudence take such effectual Measures for Redress thereof at present and to prevent the like Encroachments for the future as may be capable to remove those Apprehensions and Jealousies which the bare-faced and avowed Methods of the English do now suggest not only to our Company in particular but even to the whole Body of this Nation in general Sign'd at Edinburgh the 22d day of December 1697 in Name Presence and by Order of the said Council-General by May it please your Lordships Your Lordships most Obedient and most humble Servant Fran. Scott Pr. A Letter from the Council-General of the Company to His Grace the Duke of Queensberry Edinb the 25th of Decemb. 1697. May it please your Grace THis is by Order of the Council-General of the Indian and African Company of Scotland to acquaint your Grace that by this Post there is a Second Address from the said Council-General transmitted to the Secretaries of State to be by them presented to His Majesty And the Subject Matter thereof being of so high a concern not only to the Company but also to the whole Nation It is not doubted but that your Grace both as a Patriot and a Party Interested in the Company 's Stock will imploy your Interest to second the same refering your Grace to the Bearer for particular Information of the whole Matter and what has been already done therein I am May it please your Grace Your Graces most Obedient and most humble Servant Fran Scot Pr. Mem That Letters to this purpose were at the same time written to such others of the Scots Nobility and most considerable Gentry as happen'd to be then at London A Letter from both the Secretaries of State in Answer to the Council-General of the Company 's second Address to His Majesty Kensingtoun Jan. 17. 1698. SIR VVE presented this Day to the King the Address of the African Company We could not have Opportunity to do it sooner His Majesty being so much taken up at this time The King said That he had already given Orders to his Resident at Hamburg in that Matter conforme to his Lettter he wrote from Flanders in July last which was communicated to the Company We are SIR Your humble Servants Tullibardin Ja. Ogilvy To Sir Fran Scott of Thirlestane To His Grace His Majesty's High Commissioner and the Right Honourable the Estates of Parliament The humble Petition of the Council-General of the Company of Scotland Trading to Africa and the Indies Sheweth THat whereas the Wisdom of the King and this present Parliament has thought fit by two several solemn Acts and Letters Patent under the Great Seal of this Kingdom to establish our COMPANY with such Power Priviledges and Immunities as were thought needful to encourage any such New Undertaking in this Nation particulary to raise a Joynt-Stock in such manner as we should think fit And for that End to enfranchise such Foreigners as would become Partners with us and to enter into Treaties
other Ships or Vessels for their use In observance therefore 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 charge and command and do hereby charge and command all and every of his Majesty's Subjects and others within this Province and Territories thereon depending that they forbear holding any Correspondence with or giving any Assistance to any Person or Persons who have been fitted out of Scotland in manner aforesaid and are said to have settled in a certain place in the West-Indies by 'em call'd Caledonia or to enter into any Traffick or Commerce with them or any of them And that no Provisions Arms Ammunition or other Necessaries whatsoever be transported or carried unto them from this Province or any part thereof either in their own Vessels or any other Ship or Vessel for their Use Of which all his Majesty's Subjects and others within this Province are hereby required to take due notice and conform themselves accordingly as they will answer their acting hereunto under the outmost Pains Penalties and Forfeitures as are by Law in such cases provided And the Officers of his Majesty's Customs and all other his Majesty's Officers are hereby also required to take effectual care that his Majesty 's said Royal Will and Pleasure in all and every of the Premisses be duly observed and kept as they will answer the contrary at their Peril Given at the Council Chamber in Boston the third of June 1699 in the Eleventh Year of his Majesty's Reign By Order of his Excellency and Council I. Addington Secr. BELLOMONT God save the King Boston Printed by Bartholomew Green and John Allen Printers to his Excellency the Governour and Council A second Proclamation published in Barbadoes against the Scots Company and Colony Barbadoes By his EXCELLENCY VVHEREAS his Majesty has been pleased to signify his pleasure to me by Mr. Secretary Vernon That he hath been Advised that several Ships of force are arrived at the Island of Cairat near Darien from Scotland with an intention to settle themselves their Design being unknown to his Majesty and least 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 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 the said Persons and that no Provision Arms Ammunition or other Necessaries whatsoever be carried to them as they shall answer the same at their peril Given under my hand the 5th day of September 1699. and in the Eleventh Year of his Majesty's Reign R. Gray The Council General of the Indian and African Company 's Petition 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 do in all humble duty beg leave to lay before your Majesty the present Condition of our Affairs Your Majesty from an earnest desire of the flourishing of your Antient Kingdom having been graciously pleased by the 32d Act of the 4th Session by the 8th Act of the 5th Session of this current Parliament and your Majesty's Letters Patent under the Great Seal of this Kingdom following thereupon to authorize the settling of Plantations and Colonies in Asia Africa or America by the Natives of this Kingdom and and such others as should joyn with them as in the said Acts of Parliament and Letters Patent is more particularly express'd We and our Constituents your Majesty's most Loyal Subjects did upon the faith and encouragment of the said Acts and Letters Patent enter into a Society erect a Company of Trade and with great Charge and after many Difficulties settled a Plantation on the North side of the Isthumus of Darien a place precisely in the terms of the said Acts of Parliament and Letters Patent And being sensible That as our Company had its Birth from your Majesty's most Gracious Favour so it could not subsist but by your Royal Protection We did therfore in all humble manner Petition your Majesty's High Commissioner and the Estates of Parliament assembled the 19th of July 1698. Upon which the Estates of Parliament did with great unanimity Address your Majesty That you would in your Royal Wisdom be pleased to take such measures as might effectually vindicate the undoubted Rights and Priviledges of the said Company and support the Credit and Interest thereof That Session of Parliament ending before any Return could be had from your Majesty Reports have been spred by the Enemies of our Settlement as if our Company had not your Majesty's Protection And as an evidence thereof That Proclamations have been issued out in your Majesty's Name by your Governours in all the American Plantations not only to deprive our said Company and Colony of the friendly Assistance that might have reasonably been expected from our Neighbour Nation but also strictly forbiding all your Majesty's Subjects or others within these Plantations to enter into any Traffick or Commerce with the said Colony that no 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 utmost Pains Penalties and Forfeitures mentioned in the said Proclamations Which Proceedings we have but too much reason to believe have been of fatal consequence to our Company and Colony and consequently to the interest of all your Majesty's good Subjects in this Kingdom And we being fully persuaded that nothing could be so conducible for the support of our said Company and Colony in our present Circumstances as some special Testimonies and Evidences of your Royal Protection We do therefore in all humility and earnestness beg of your Majesty's fatherly care of our said Company in particular and of the Nation in general That your Majesty would be graciously pleased to take off the force and effect of these Proclamations which have been so prejudicial to us and to signify your Royal Pleasure to the Governours of these your Plantations that we may be supply'd in the common and ordinary way of Commerce As also that your Majesty may allow your Parliament to meet at the day appointed in November next or as soon as possibly can be that your Majesty may have the Advice and Assistance of the Great Council of this Nation in such a weighty and general Concern which we hope God will bless with an happy issue to his Glory the Honour of your Majesty the Credit of your Parliament the Interest of the Nation and the Good of our Company and Colony Sign'd at Edinburgh the 19th day of October 1699. in Name presence and by Order of the said Council General by
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
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 Immorality for the Preserving and Securing the Liberty of Mens Persons for the Encouraging and Advancement of Trade and Manfactories and generally to give Our Assent to such other Laws as shall be brought in for further clearing and securing Mens civil Rights and Properties promoting the Administration of Justice and setling the Peace and Quiet of the Kingdom demanding nothing on our part save what shall be necessary to mantain that our antient Kingdom in so happy a Settlement against our their Enemies And this Declaration We are confident will be satisfying to all good Men who will certainly be carefull both of their own Preservation and of the Interest and Honour of the Government and not to suffer themselves to be Misled nor to give any Advantage to Enemies and ill designing Persons ready to catch hold of every Opportunity as their Practices do too manifestly witness Our necessary Absence hath occasioned the late Adjournments but as soon as God shall bring Us back We are firmly Resolved Our Parliament shall Meet where We do again Assure all Our good Subjects nothing shall be Wanting on Our part that may contribute to their Welfare and Happiness And this Our Resolution and Declaration We Allow you to Publish for the Satiffaction of all concerned So We bid you heartily Farewell Given at Our Court at Loo the 26th day of July 1700. And of Our Reign the 12th year By His Majesties Command RO. PRINGLE Here follows the last National Address formerly mention'd May it please your Majesty WE Noblemen Barons Gentlemen Burgesses and other Subscribers your Majesty's most Dutiful Subjects of this your Antient Kingdom of Scotland having formerly from an unfeigned Zeal to your Majesty's Service and to the Good and Welfare of our Countrey Petition'd your Majesty for a Meeting of the Estates in Parliament in order to Support and Assist our Company Trading to Africa and the Indies which the Parliament had by their Unanimous Address to your Majesty of the 5th of August 1698 declared to be their own and the whole Nation 's peculiar Concern And your Majesty having been graciously pleased to allow the Parliament to Meet on the 21th of May last whereby all your good Subjects could not but conceive suitable hopes of its happy issue for the Honour and Interest of your Majesty and People Do now beg leave to express our deep Concern Sorrow for the unexpected Adjournment thereof without being permitted to do any thing towards the wish'd for end of its Meeting And do in all humble manner concurr with the dutifull Address lately presented to your Majesty from the Plurality of the Members of Parliament Representing the Inconveniencies and prejudices arising to the pressing Concerns of the Nation from that Adjournment and to the Rights and Liberties of Parliament from the manner of it And it is our Unexpressible Regret that your Majesty does seem to have been prevail'd upon by the Mis representations of evil Councellours to issue out Proclamations further Adjourning the Parliament from time to time whilst not only did our said Company stand extremely in need of the Countenance Support and Protection promis'd to it by your Majesty in Parliament and more especially upon the Misfortunes that have of late befallen it by the success of Enemies against its Colony of Caledonia but whilst also even the Nation it self did and still does remain under the pressure of such Grievances as can only be Redress'd in Parliament And to the end that your Majesty may have a just view thereof we humbly beg leave to represent to your Majesty how indispensibly necessary it is THAT the Protestant Religon be secured against the growth of Popery Immorality and Profaneness THAT the Freedom and Independency of this Antient Kingdom and the Nation 's Right and Title to Caledonia as holding of your Majesty's Crown of Scotland be Asserted and Supported THAT the good inclinations of your Majesty and Successors Kings of Scotland be preserved from Foreign Influence as well as from the Mis-representations and Pernicious Counsels of Unnatural Countrey-Men THAT the frequency and sitting of Parliaments be secured and ascertain'd pursuant to the Claim of Right THAT dangerous Influences upon the freedom of Parliaments either by Gratuities Pensions or Farms of any branch of the Revenue and the disposing of any part of the Revenue or annexed Property of the Crown otherways than according to Law for the necessary support of the Government be prevented THAT the publick-Credit be restored and an enquiry made into the Application of the Funds laid on and appropriated by Parliament for support of the Government and payment of the Army THAT the Security of the Nation and Government be settled in a duly regulated National Force in stead of a standing Army so burdensome to the Countrey and dangerous to its Liberties THAT the manner of applying the Security which we have by our Claim of Right for the Personal freedom of the Subject against long and Arbitrary Imprisonment as well as against Pursutes upon old and obsolete Laws be specially declared THAT the Trade of this Nation be Encouraged Advanced by duly regulating its Export and Import by discharging prejudicial Branches thereof by fixing the value of our cur-Money by encouraging Manufactories by imploying the Poor and more especially by Countenancing and Assisting our said Company in the Prosecution of its lawful Undertakings And THAT all such Articles of Grievances presented to your Majesty by the Estates of this Kingdom in the Year 1689 as have not yet been Redress'd together with such other Grievances as the Parliament shall at the Meeting thereof find the Nation aggrieved with be Redress'd in Parliament And your Majesty having by your Royal Letter of the 24 of May 1689 been graciously pleased to declare and give full assurance to our Representatives in that meeting of the Estates which settled the Crown and Royal Dignity of this Realm on your Majesty That we should always find your Majesty ready to Protect us and to Assist the Estates in making such Laws as might secure our Religion Liberties and Properties and prevent or Redress whatsoever might be justly grievous to us That your Majesty would never believe that the true interest of your People and the Crown could be opposite and that your Majesty would always account it your greatest Prerogative to assent to such Laws as might promote Truth Peace and Wealth in Your Kingdom We do therefore reckon it our duty humbly to desire and assuredly expect that your Majesty will be graciously pleased to satisfy the longing desires and earnest Expectations of your People by allowing your Parliament to meet as soon as possible and when mett to sit till they fully deliberate upon and come to solid Resolutions in the great and weighty Concerns of the Nation and grant such Instructions to your Commissioner as may impower him to pass such Acts as the great Council of the Nation shall think most conducive to the true Honour of your Majesty