Kingdom 's Rights in this matter They have ordered us the Court of Directors to transmit the said Copies to your Lordship and expect your Lordships Answer to this and our late Petition to his Majesty before they remonstrate any further with relation thereunto This is in presence and by Warrant of the said Court of Directors from To the Right Honourable the Viscount of Seafield Secretary of State for the Kingdom of Scotland My Lord Your Lordships most humble Servant John Schaw P. The Secretary's Answer Whitehall Decemb. 13. 1698. SIR I Received a Letter from you as President of a Committee of the East-India Company which relates to Accounts they have had from their Correspondent at Hamburgh with the Copys of two Letters they have received I shall take the first convenient Opportunity I can have to represent this Matter to the King but I cannot as yet expect to have it For his Majesty is very much imployed in the Affairs of his Parliament here This is all the Answer I can give at present and which you may signify to those concerned I am To Sir John Schaw of Greenock c. SIR Your most faithful and humble Servant SEAFIELD A Letter from the Court of Directors in Answe to the Secretary Edinburgh Jan. 13. 1699. My Lord SIR John Schaw of Greenock having some time ago signified to the Court of Directors of our Company the Contents of a Letter which he received from your Lordship bearing date at Whitehall the 13th of December last intimating that your Lordship would take the first convenient opportunity of representing to his Majesty the Company 's Petition with relation to the Parliament's Address as also the Contents of the Company 's Letter to your Lordship bearing date the 24th of November last But in respect we have not all this time heard any further from your Lordship concerning that Matter this is by order of the said Court of Directors to put your Lordship in mind of the Premisses not doubting but you have had before this time a convenient opportunity to represent the same to his Majesty and in expectation of your Lordships speedy and satisfactory Answer I remain To the Right Honourable the Viscount of Seafield Secretary of State My Lord Your Lordships most humble Servant Archbald Mure. Pr. The Secretary's Answer Whitehall Febr. 7 1699. SIR I Have presented to his Majesty the Petition of the African Company and I am commanded by him to let you know That there being accounts that the Ships belonging to the Company are arriv'd upon the Coast of America And the particular Design not being communicated to his Majesty he therefore does delay to give any Answer untill he receive certain Information of their Settlement This you may signifiy to the Council or Directors of the Company as being by his Majesty's Command I am To Sir Archibald Mure of Thornton c. SIR Your most humble Servant Seafield A Letter from the Council-General of the Company to his Majesty giving an Account of their Colony's arrival and settlement at Darien c. May it please you Majesty WE your Majesty's most loyal and dutiful Subjects the Council-General of the Company of Scotland trading to Africa and the Indies having by express received an Account from the Council of our Companys Colony in America that they arriv'd safe at their intended Port within a League of Golden Island on the Coast of Darien and after having treated on board of our Ships with the Natives who were always ownd to â—e the only Proprietors of that part of the Coast our Men did at the request and with the consent of the said Natives land on the 4th of November last and take possession of an uninhabited Place never before possessed by any European whatsoever and that in pursuance of the said Treaty the chief Men and Leaders of the said Natives have join'd with and taken Commission from the said Council We thought it our Duty at our very first Meeting to give your Majesty an account thereof and likewise that by Letters from our said Council bearing date at New Edinburgh in Caledonia being the Name given to our present Settlement the 28th day of December last we are positively informed that the French have a Design upon all that Coast or at least to make a Settlement somewhere thereabouts And we humbly conceive that the firm Settlement of our Colony in those Parts may be the means of preventing or at least lessening the evil Consequences that may arise to your Majesty's Kingdoms and Dominions every where by the Settlement of any powerful foreign Neighbour in upon or near any part of that Coast And as we are always bound thankfully to acknowledge your Majesty's Goodness for granting us these Priviledges mentioned in the Acts of Parliament and your Majesty's Letters Patent by which our Company is established So we do now in all humility confidently expect your Majesty's Royal Favour and Protection as having in all the Steps of our Conduct through the whole Course of this Affair strictly observed the Conditions required by the said Acts of Parliament and Letters Patent And referring this together with the Contents of our last Petition to your Majesty's Royal Consideration to give such Directions therein as to your Royal Wisdom shall seem meet and expedient This is in Name Presence and by Warrant of the said Council-General Signed by Edinburgh the 31st day of March 1699. May it please your Majesty Your Majesty's most faithful most dutiful most humble and most obedient Subject and Servant TWEEDDALE A Letter from the Court of Directors to the Lord Carmichael Secretary of State then in waiting My Lord THis being the first Opportunity that we have had to Address your Lordship since your Advancement to that eminent Station and Place of Trust wherein you are We must account it a Happiness that upon Receipt of the late welcome News from our Colony's Company in America we can transmit an Account thereof to his Majesty by the hands of one so much devouted to the Honour and Interest of our Country and Company as your Lordship has upon all Occasions shewn your self and who being often Witness to our Company 's Proceedings from time to time can give a juster account thereof than any other that has no Interest in our Stock nor has ever been amongst us Inclosed you have our Council-General's seal'd Letter to his Majesty which we doubt not your Lordships will carefully deliver together with an exact Copy thereof for your Lordships better Information to which we refer but shall for your further Information enlarge a little upon the several Heads therein mention'd As to our place of Settlement it is so far from having ever been possess'd by any European whatsoever that by all the Accounts that we could ever yet get not only at this time from the Council of our Colony but even by such Letters as we have seen and heard of from Curacao and other American Islands no European did before our
to whom he had lately given such large Priviledges by so Solemn an Act of Parliament Upon Notice of all which the Company 's Deputees went immediatly to the Senate and gave in a short Memorial in French which being faithfully Translated is as followeth Noble and Venerable Lords WE the Subscribers Deputees and Directors of the Indian and African Company of the Kingdom of Scotland Understanding that the Gentlemen His Majesty of Great Britain's Ministers here have presented a Memorial to your Lordships in which they seem to quarrel the Powers which have been granted to us by His Majesty and the Parliament of Scotland to make Treaties of Commerce with any Foreign Potentate Prince or State not in War with His Majesty the King our Soveraign for Enlarging the Trade and for the better Establishment of our said Company We pray your Lordships That you would be pleased to Communicat the said Memorial to us that we may take Measures accordingly Hamburgh the 9th day of April 1697. Your Lordships most humble and obedient Servants Jo. Erskine Jo. Haldan Will. Paterson The Senate thereupon recommended the Deputees above-nam'd to the Commercii in whose Hands the Memorial lay who gave them a Copy thereof Doubles of which were by the said Deputees dispatched to both the Secretaries of State for Scotland and to the Court of Directors of the Company And in the mean time the Merchants to assert their own Freedom and Priviledges Sign'd for considerable Sums in the Company 's Books But with a Condition to be void if the Company did not procure some Declaration from the King that might render them secure from the Threatnings and other Insinuations contain'd in the said Memorial To the Kings most Excellent Majesty The Humble Address of the Council-General of the Company of Scotland Trading to Africa and the Indies May it please Your Majesty WHereas By the 32d Act of the 4th Session and by the 8th Act of the 5th Session of Your Majesties current Parliament as well as by Your Majesties Patent under the Great Seal of this Kingdom this Company is Established with such Ample Priviledges as were thought most proper for encouraging both Natives and Forreigners to Joyn in the Carrying on Supporting and Advancement of our Trade The most Considerable of the Nobility Gentry Merchants and whole Body of the Royal Burrows have upon the Inducement and Publick Faith of Your Majesties said Acts of Parliament and Letters Patent contributed as Adventurers in raising a far more considerable Joynt-Stock than any was ever before rais'd in this Kingdom for any Publick Undertaking or Project of Trade whatsoever which makes it now of so much the more Universal a Concern to the Nation And for the better Enabling us to Accomplish the Ends of Your Majesties said Acts of Parliament and Letters Patent we have in Pursuance thereunto appointed certain Deputees of our own Number to Transact and Negotiat our necessary Affairs beyond Sea And at the same time to Treat with such Forreigners of any Nation in Amity with Your Majesty as might be inclinable to Joyn with us for the Purposes aforesaid In the Prosecution of which Commission to our said Deputees Vested with full Power and Authority according to Law we are not a little surpriz'd to find to the great Hindrance and Obstruction of our Affairs That Your Majesties Envoy to the Courts of Lunenburgh and Resident at Hamburgh have under Pretence of special Warrant from Your Majesty given in a Joint-Subscribed Memorial to the Senate of Hamburgh expresly Invading the Priviledges granted to our Company by your Majesty's said Acts of Parliament and Letsers Patent as by the herewith transmitted Copy may appear By the which Memorial we sustain great and manifest Prejudices fince both the Senate and Inhabitants of the said City of Hamburgh are thereby contrary to the Law of Nations expresly threatned with your Majesty's high Displeasure if they or either of them should countenance or joyn with us in any Treaty of Trade or Commerce whatsoever which deprives us of the Assistance which we had reason to expect from several Inhabitants of that City For Redress whereof we do in all Duty and Humility Apply to your Majesty not only for the Protection and Mantenance of our Priviledges and Freedom of Trade but also for Reparation of Damnages conform to your Majesty's said Acts of Parliament and Letters Patent And do further beg leave to Represent to your Majesty That tho by the said Act of Parliament and Letters Patent we conceive our selves legally and sufficiently Authorized to Treat even with any Sovereign Potentate or Estate in Amity with your Majesty for the Support and Advancement of our Trade yet we by our said Deputees have only treated with particular and private Merchants of the said City of Hamburgh without ever making any the least Proposal to the Senate thereof And this we humbly conceiv to be the natural Right and Priviledge of all Merchants whatsoever even tho we had wanted the Sanction of so Solemn Laws And without some speedy Redress be had therein not only this Company but also all other individual Merchants of this Kingdom must from hence forward conclude That all our Rights and Freedom of Trade are and may be further by our Neighbours violently wrested out of our Hands We therefore to prevent the further evil Consequences of the said Memorial to our Company in particular do make our most Humble and Earnest Request to your Majesty that you would be Graciously pleased to grant us such Declaration as in your Royal Wisdom you shall think fit to render the Senate and Inhabitants of the said City of Hamburgh and all others that are or may be concern'd secure from the Threatings and other Suggestions contain'd in the said Memorial as well as to render us secure under your Majesty's Protection in the full prosecution of our Trade and free enjoyment of our lawful Rights Priviledges and Immunities contain'd in your Majesty's Acts of Parliament and Letters Patent above-mentioned Signed at Edinburgh the Twenty Eight Day of June 1697 in Name Presence and by Order of the said Council-General by May it please your Majesty Your Majesties most Faithful most Dutiful most Humble and most Obedient Subject and Servant YESTER P. Memorandum That the Council-General of the Company did at the same time come to a Resolution of Representing the Premisses likewise to His Majesties most Honourable Privy Council but were afterwards prevailed upon to supersede that Resolution at the Secretaries of State 's earnest Desire they being both then here and upon their joint Engagement to procure a speedy Answer from his Majesty The King's Answer to the said Address By the Right Honourable John Earl of Tullibardin c. and Sir James Ogilvy Knight Principal Secretaries of State My Lords and Gentlemen WE are impowered by the King to signify unto you That as soon as His Majesty shall Return to England he will take into Consideration what you have Represented unto him
present Parliament We therefore in all humble Duty lay before your Majesty the whole Nation 's Concern in this Matter and we do most earnestly entreat and most assuredly expect That your Majesty will in your Royal Wisdom take such Measures as may effectually vindicat the undoubted Rights and Priviledges of the said Company and support the Credit and Interest thereof And as we are in Duty bound to return your Majesty most hearty Thanks for the gracious Assurance your Majesty has been pleased to give us of all due Encouragement for promoting the Trade of this Kingdom So we are thereby Encourag'd at present humbly to recommend to more special Marks of your Royal Favour the Concern of the said Company as that Branch of our Trade in which we and the Nation we represent have a more peculiar Interest Subscribed at Edinburgh the 5th of August 1698. in Name Presence and by Warrant of the Estates of Parliament Seafield I. P. D. P. To the King 's Most Excellent Majesty The humble Petition of the Court of Directors of the Company of Scotland Trading to Africa and the Indies Sheweth THAT whereas the Estates of Parliament have by their Address of the 5th of August instant been pleased to recommend the Concerns of the said Company to some Marks of your Royal Favour for supporting the Credit and Interest thereof which has already suffered in a great measure by reason of the several Obstructions which they have met with in the prosecution of their Trade particularly by a Memorial given in to the Senate of Hamburgh by your Majesty's Ministers there We are thereby encourag'd in all humility to lay before your Majesty That as the said Memorial was given in to the Senate of Hamburgh in a most solemn and publick manner so your Petitioners humbly conceive that the Effects thereof cannot be taken away but by some Intimation made to the said Senate that they may enter into Commerce with your Petitioners as freely and securely in all respects as they might have done before the giving in of the said Memorial That in consideration of the Damages sustain'd by the Company as aforesaid Your Majesty would be pleased for their Incouragement at present as a Gracious Mark of your Royal Favour to bestow upon them the two smallest of the Frigots now lying useless in Bruntisland Harbour That in regard of the time already lost by reason of the Obstructions aforesaid Your Majesty would be graciously pleas'd to continue the Priviledges granted by Act of Parliament to the said Company of being Custom-free for such longer time as your Majesty shall in your Royal Wisdom think fit In respect of all which may it please your Majesty to take the whole Premisses into your Royal Consideration and give such Orders and Directions with relation thereunto as to your Majesty in your Royal Wisdom shall seem meet and expedient Signed at Ediburgh the 16th day of August 1698. in Name Presence and by Warrant of the said Court of Directors by May it please your Majesty Your Majesty's most Loyal most Dutiful most Humble and most Obedient Subject and Servant Geo. Clark I. P. C. D. Letters from Mr. Stevenson the Company Agent at Hamburgh to the Court of Directors of the Company Hamburgh the 4th of October 1698. Much honoured Lords and Gentlemen I Wrote to you on the 26th past advising you of my going post to Hamburgh in pursuance of your Orders where I arriv'd the 2d instant And the Day following I waited upon the English Resident and in the Company 's Name desired to know if he had yet received his Master's Pleasure ordering him no more to oppose the Transactions of the Indian and African Company of Scotland in this City which I pressing hard answered by his Character and Honour he never received any Orders from his Master that mentions the said Company since his giving in the Memorial against them So I have no further to add but that I am My Lords and Gentlemen Your most faithful Servant to power Alexander Stevenson This was under Cover which contained what followeth Much honoured Lords and Gentlemen BY this within-closed you have a full Answer as to what may be expected here for ever Since my parture from this I am informed that the English here did constantly assert that the Company would never be redressed and the Delay of the same after all your means has made an Impression upon the Minds of People that it will never be at least such as they might trust to Hamburgh the 18th of October 1698. Much honoured Lords and Gentlemen I Wrote to you of the 4th current wherein I advised you of Sir Paul Rycaut English Resident at Hamburgh's Answer given me anent your Affairs to which refers Mr. Cresset Envoy at the Courts of Lunenburgh being returned from waiting upon his Majesty there I thought it my Duty to wait upon him and demanded in your Names to know if his Majesty had signified his Royal Pleasure anent removing of the stop put to the Company 's Affairs in this City through the Memorial given in to the Senate against them To which Answered he received no such Orders and was of the Judgment If the Memorial were yet to be given in it would be done I shall not enlarge what farther past but assure you he seems to insinuate that his private Orders from the Government of England was to act quite contrary to your Expectations This is all from To the Right Honourable the Court of Directors c. My Lords and Gentlemen Your obedient Servant Alex. Stevenson This was under Cover which contained what followeth Much honoured Lords and Gentlemen BY the within-closed you have an account of what relates to your Affairs with respect to have the Merchants in this City concerned I cannot offer to speak to the Commercij about the same but those Merchants here that are Signers in the Books of Subscriptions are as cordial as ever were the Stop removed they doubt not things here would take the desired effect A Letter from the Court of Directors of the Company to the Lord Seafield Secretary of State upon receipt of Mr. Stevenson's Letters Edinburgh Novemb. 29. 1698. My Lord THis is by order of the Council-General of the Indian and African Company of Scotland to cover the inclosed Copies of two Letters lately received from our Company 's Agent at Hamburgh Upon reading whereof yesterday at a meeting of the said Council-General they were not a little surpriz'd at the Contents thereof considering the many repeated Assurances given them formerly by Letters word of Mouth and even in Parliament that the King had already given Orders to his Ministers at Hamburgh with relation to the Memorial given in to the Senate of that City against our Company But after some reasoning thereupon and considering how far your I ordships frank Undertaking when last in Scotland as well as the Station you are in doth engage your best Endeavours to procure the Company Justice and vindicate the
and Government the welfare of this Realm both as to its Religious and Civil Interest and to the full quieting the Minds of all your Majesty's good People This Address was presented to His Majesty at Hampton-Court the 16th day of November 1700. By the Right Honourable the Lord Yester Sir John Pringle of Stitchell and Sir Peter Wedderburn of Gosford Baronets Commissioners appointed for that end And upon presenting thereof the Lord Yester in Name of the rest Address'd the King thus Sir We are come here to present an Address to your Majesty Sign'd by a great Number of your Majesty's Loyal Subjects in Scotland who have no other design in it but your Majesty's true Honour and the welfare of their Native Countrey which we desire your Majesty would be pleased to hear read His Majesty after having heard the Address read was Graciously pleased to give the following Answer Gentlemen I Can not take further notice of this Address seing the Parliament is now met and I have made a Declaration of my Mind for the good of my People wherewith I hope all my faithfull Subjects will be satisfied Here I must beg pardon for having omitted the late Address of the House of Lords in England concerning the Endeavours of the Scots for having settled a Colony at Darien and His Majesty's Answer thereunto both which ought according to order of time to have been placed at Page 105 but rather than rob the Reader of having the benefit thereof it was thought fit to insert them here and they are as followeth The Humble Address of the Lords c. presented to His Majesty the 12th day of February 1700. VVE the Lords Spiritual and Temporal in Parliament Assembled being according to our duty solicitous for the preservation Encrease of the Trade of this Kingdom on which the Support of your Majesties Greatness and Honour so much depends as well as the Security and Defence of your People have been very apprehensive that the steps lately made towards a Settlement of your Subjects of the Kingdom of Scotland at Darien may tend to the great prejudice of this Nation and possibly to the disturbance of that Peace and good Correspondence with the Crown of Spain which we conceive is very Advantagious to us all We have therefore taken the same into our serious consideration as a matter of the greatest Importance and proper to be laid before your Majesty as the common Father of both Countries And as we are truly sensible of great Losses our Neighbour Kingdom hath sustained both by Men and Treasure in their Expeditions to that place which we very heartily lament so we should not endeavour by any Interposition of Ours to defeat the Hopes they may still entertain of recovering these Losses by their further engaging in that design but that we judge such a Prosecution on their parts must end not only in far greater Disappointments to themselves but at the same time prove very inconvenient to the Trade and quiet of this Kingdom On this occasion we humbly presume to put your Majesty in mind of the Address of both Houses of Parliament presented to your Majesty on the 17th of December 1695. In the close of which Address your Majesty will see the Unanimous Sense of this Kingdom in relation to any Settlement the SCOTS might make in the West-Indies by vertue of an Act of Parliament past about that time in the Kingdom of Scotland which was the occasion of the Address And we humbly represent to your Majesty that having received Information of some Orders your Majesty had sent to the Governours of the Plantations on this Subject the House did on the 18th of January last come this Resolution That your Majesty's pleasure signified to the Governours of the Plantations in Relation to the Scots Settlement at DARIEN was agreeable to the Address of both Houses of Parliament presented to your Majesty on the 17th of December 1695. And on the 18th of this instant February this House came to this further Resolution That the Settlement of the Scots Colony at DARIEN is inconsistent with the good of the Plantation Trade of this Kingdom All which we humbly hope your Majesty will take into your Royal Consideration and we are confident that your Majesty cannot be thought too partial to the Address of this House if your Majesty shall in the first place consider the Advantage and Good of the Trade of this Kingdom by the Preservation and Improvement of which both these Kingdoms and all your other Dominions must on all occasions principally be defended It is remarkable that this Address was carried only by Four or Five Votes and that the House of Commons absolutely refused to concur with it and that about Sixteen Peers entred their Protests against it His Majesties most Gracious Answer to the Address was to this effect Viz. HIS Majesty having received a very dutifull Address from the House of Peers in relation to the Endeavours lately used by some of His Majesties Subjects of the Kingdom of Scotland towards making a Settlement at DARIEN in which they humbly represent to him their Opinion That such a Settlement is inconsistent with the good of the Plantation-Trade of this Kingdom Is pleased to let the House know That he will always have a very great regard to their Opinion And to assure them that he will never be wanting by all proper means to promote the Advantage and Good of the Trade of England At the same time His Majesty is pleased to declare that he cannot but have a great Concern and Tenderness for his Kingdom of Scotland and a desire to advance their Well-fare and Prosperity is very sensibly touched with the loss His Subjects of that Kingdom have sustained by their late unhappy Expeditions in order to a Settlement at DARIEN His Majesty does apprehend that Difficulties may too often arise with respect to the different Interest of Trade between his two Kingdoms unless some way be found out to unite them more nearly and compleatly And therefore His Majesty takes this opportunity of putting the House of Peers in mind of what he recommended to his Parliament soon after his Accession to the Throne That they would consider of an Union between the two Kingdoms His Majesty is of opinion That nothing would more contribute to the security and happiness of both Kingdoms and is inclined to hope that after they have lived near 100 years under the same Head some happy Expediment may be found for making them one people in case a Treaty were set on Foot for that purpose And therefore he does very earnestly recommend this Matter to the Consideration of the House It is likeways remarkable that when the House of Lords fram'd and past a Bill of Union pursuant to His Majesty's said Answer The House of Commons rejected the same from Motives which I shall not presume to mention the same being already very well known to all those who know any thing of that Matter To His
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
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
of Violence and Hostility as if every Settlement in America were an Encroachment upon the Right of Spain There is lately a Memorial offered in behalf of the King of Spain to one of the Secretaries of State of the Kingdom of England to the Effect following My Lord Ambassador of Spain finding himself oblig'd by express Order to represent to His Majesty of Brittain what follows Prays Mr. Vernon to represent to his said Majesty That the King his Master being informed from several parts and last of all by the Governour of Havana of the Insult and Attempt of some Scots Ships equipt with Men and Ammunition necessary who endeavours to post themselves in the Soverign Dominions of His Majesty in America and particularly in the Province of Darien His Majesty received this Information with Dissatisfaction as a Mark of little Amity and a Rupture of the Alliance which is betwixt the two Crowns which His Majesty hath always observed very Religiously and from which so much Advantage and Profit hath resulted both to His Majesty and his Subjects after which good Correspondence His Majesty did not exspect such sudden Attempts Insults from His Majestys Subjects and that in time of Peace without any Pretext or Cause in the most inward part of his Dominions All that the King desires That this be presented to His Majesty of Brittain and that His Majesty is very sensible of such Hostilities and Unjust Procedures against which His Majesty will take such Measures as are convenient London May 3d. 1699. THe Charge is great and if it can be made appear that the King of Spain is Invaded as is pretended it is but Reason there should be just Reparation It must be acknowledged That it is a fair way of dealing that the Spanish Rights and Pretensions are thus asserted by Memorial and an Opportunity afforded and that the whole World may be satisfied that His Sacred Majesty the King of Great Brittain hath granted no Patent to His Subjects in Scotland disagreeable to Treaties with Spain and that the Scots Company have not exceeded the Limits of their Patent to the prejudice of Spain There may be many Reasons offered to satisfy Spain and all other Nations of Europe except the French that if the Scots had not settled in that Isthmus or if they were now to remove from it the same would be possess'd by another People more dangerous to the Interest of Spain and in due time it may be made appear that the Scots Settlement is for the Honour of the King the Interest of England but the present design is only to satisfie the World that the Patent granted by His Majesty was agreeable to the Treaty with Spain and that the Scots Company have not exceeded the Terms of their Patent and that they have Right to what they possess in the Isthmus of Darien according to the Law of Nations and that most part of the Nations in Europe have settled Plantations in the American Islands or Continent upon no other Foundation than the Scots It is the Interest and Policy of all Governments to improve the Natural Product of a Countrey and to encourage Forreign Trade The Experience of all Nations makes appear That nothing contributes so effectually to these ends as Forreign Plantations Scotland is amongst the last of the Nations of Europe in settling Forreign Plantations tho' there be few that can propose more Advantage that way because the Nation affords many Subjects of Manufacture and abounds in Men which is the greatest Riches as well as the Strength of a Nation Yet for want of Forreign Plantations many have been useless and burdensome to their Native Countrey and have been constrained to serve Abroad in Forreign Wars or into Plantations of other Countreys And it is to be observed that wherever they have planted they have encreased and multiplied as particularly in Ireland but no part of the Benefit does accrue to their Native Countrey The Nation has very long desired Forreign Settlements of their own and did make some Attempts that way which proved ineffectual for want of due Encouragement but His Sacred Majesty as Father of his Countrey regarding the Welfare of it did endue the same with suteable Encouragements by the 32d Act Par. 1693. and by the 8th Act Par. 1695. Yet both these Laws were granted with a due regard to all former Planters And did only allow them to plant Colonies build Cities Towns and Forts in Asia Africa and America upon Places not inhabited or in or upon any other Place by Consent of the Natives or Inhabitants thereof and not possessed by any European Sovereign Potentate Prince or State By these Acts of Parliament and Patent conform His Majesty did sufficiently provide that the Possession of no European Prince should be invaded or molested And if Spain be injured the Company must acknowledge that the Injury flows from them by exceeding the Limits of their Patent It remains to be cleared in behalf of the Company that they have strictly observed the Rules prescrib'd by the said Acts and Patent The King of Spain's Title to America by the Pope's Bull is rejected by the common Consent of all the Princes and States in Europe who could not have settled there without Injury to Spain if the Pope's Bull had been a sufficient Title and neither Spain or Portugal hath relyed upon that Title the one having planted in the East-Indies and the other in the West without regard to it And this Title is sufficiently discussed by Grotius in his Mare Liberum Cap. 3. and will never be insisted on any where and least of all in Brittain America being inhabited by Natives before Spain or any European People settled there it is most certain that the Right and Property did originally belong to these Natives because the Earth was created for and freely given by the Creator to the Children of Men and the most Ancient and Uncontraverted Right of Property of the Earth is by Occupation and Possession which is an outward Act of the Body quasi positio pedis and not an inward Act of the Mind which cannot be known to others beside many Mens wills might concur in wishing and liking the same thing but their Bodies cannot concur in possessing it and an outward Act of Possession warns others to abstain The Property that originally belonged to the Natives could only be transferred from them to Spain by Conquest or Consent and Spain can pretend neither of these Titles to the Isthmus where the Scots have settled It is alledg'd for Spain That they do possess the Isthmus of Darien in as far as they are undoubted Masters of the Bay of Panama and the whole Coast of the Isthmus upon the South Sea They have likewise Carthagena and Portobello on the North Sea and they are Masters of the whole Countrey betwixt Carthagena and Portobello and so must be reckoned Possessors of all because Possession doth not require the particular Occupation of every part of a Countrey
but Occupation of one part is a sufficient Act to demonstrate the Will and Intention to possess the whole Pertinents And the Spaniards having possess'd these two Extremes the middle Space belongs to them especially seing they have also settled in other Places betwixt these two as their Conveniency did require tho' they did afterwards quite these Possessions as particularly they once possessed Nombre de Dios and did also plant within the River Darien and tho' they did quite these Possessions they did not relinquish or repudiate their Right but being better informed they choosed more convenient Seats but still reckoned themselves Proprietors of the whole Isthmus and divided the same in several Jurisdictions And the Natives upon that Isthmus were a mean inconsiderable People not to be regarded who could not be thought to retain any Right or Property in Opposition to the Power of Spain They further add That Spain hath been considered as undoubted Proprietors of the Bay of Mexico and of that Isthmus by other Nations in Christendom and most particularly by the English as is well known and will clearly appear in two remarkable Instances Several English Merchants having advanc'd their Stock for settling a Plantation at Port-Royal in the Bottom of the Bay of Campechay for cutting of Logwood they desired the Countenance and Protection of the Government for carrying on this profitable Trade The Case was considered by the Council of England and it was not found just to allow the Protection of the Government but were only left in a Permissive State to manage their Trade upon their Peril The Second Case which comes closer to the present Question was a Proposal by certain English Undertakers to settle in Darien as the Scots have done which being brought to the Council of Trade of England and by them laid before the Lords Justices in His Majesties Absence and transmitted to the King himself Upon a full Consideration of the Case that Project was thought to be an Encroachment upon Spain and let fall The King himself and Council of England being satisfied of the Right of Spain in these particular Cases of English Undertakers the same Judgment ought to follow in relation to the Scots Company To all that is alledged it 's shortly and clearly Answered That Spain hath neither Right by Treaties nor Possession to the Countrey now possess'd by the Scots And 1st Tho' it be acknowledg'd that the Spaniards have more Strength and larger Possessions on the South than upon the North Sea yet no Possession there can be extended to the North-side of the Isthmus being possess'd by a People Independent who never received the Spaniards or became subject to them The Spaniards indeed have made great Settlements upon the South Sea and in so far as they have possess'd have restricted the Natives to narrower Bounds but the Indians still continuing to possess what remains Possession on the Coast or the Mouths of Rivers on the South Sea can never be extended to the North Coast And the Spaniard can condescend upon no Ground in Law or Reason for such an Extension nor can they make appear that what the Scots possess is Part and Pertinent of their Plantation especially considering that the Isthmus of Darien is naturally divided by a Ridge of high Hills running from East to West Neither doth the possession of Carthagena and Porto-bello give Right to the interveening Countrey which is above 80 Leagues or 240 English Miles and these particular Forts as well as the whole Spanish Plantations on the South Sea being fixt without consent of the Natives who continue their Possession in the interveening Countrey without any Subjection to or acknowledgment of the Spaniard It lyes upon the Spaniards to condescend by what Rule the Limits of these Possessions can be so far extended As to what is alledged That the Spaniards have other Plantations nearer to the Scots Settlement from which they removed but still retain Possession and Jurisdiction It is Answered Admitting the matter of Fact as alledged it comes to nothing For still it is to be remembred That the Spaniard will not pretend to have planted with the consent of the Natives Nor that the Darien Indians have ever acknowledg'd Subjection but they planted by Force and Violence And therefore whatever Forts they made in the Isthmus of Darien the moment that these Plantations were left the Right and Possession of the Natives did return It is freely acknowledged That Possession lawfully obtain'd by an outward Act of the Body is retain'd by Acts of the Mind if no other possess but when Possession is taken by way of Fact and not actually detained the Right and Possession returns to the lawful Proprietor 2. This alledged Possession of Nombre de Dios and in the River of Darien is only pretended to have been at their first Settlement in America before they possess'd Carthagena and Porto-bello 3. None of these pretended Settlements are within 20 Leagues of the Scots Colony And tho Spain had yet Plantations there the Limits could as little be extended to 20 Leagues beyond the actual Possession as to a Thousand Neither can the Spaniards prove any Act of Jurisdiction over the Darien Indians whatever Title they may think fit to give to Governours or Vice-Roy's in America the Scots do neither know nor are oblig'd to notice the same If Titles were enough the King of Spain assumes a Glorious Title of Indiarum Rex but he has no more Jurisdiction over the Darien Indians than in the Plantations of any other European Prince As to what is alledg'd upon the Opinions given by the King and Council of England in relation to His Majesty's English Subjects projecting Settlements in America The Circumstances of the Projects and the Motives of any Resolution taken in them are wholly unknown to the Scots and nothing can be founded on such Matters of Fact unless the whole Circumstances were Authentically instructed or acknowledg'd but whatever was thought proper in these Cases nothing can be inferred from thence to determine this A Project is to be regulated either by Law or by Conveniency And it 's very ordinary and suteable That his Majesty and the Government may discourage the Project of an Undertaking if not Convenient tho lawful But when a Project is Undertaken Carried on and a Settlement made in pursuance of express Acts of Parliament and conform to a Patent there 's no more place to Deliberate what is fit but what is Lawful If the whole Circumstances were known many Disparities might also appear and from the bare relation of the Case of the intended Settlement in the Bay of Campechay a manifest Disparity is evident The Bay of Campechay is in the Province of Nicaragua in the Diocess of Chiapo which Province and Bishoprick are part of the Ancient Empire of Mexico which was conquered by Spain By the Conquest of Mexico the King of Spain as Conquerour had Right of Sovereignty as far as the Dominions of Mexico did extend and the
Lieutenant Governour and Commander in Chief in and over this his Island of Jamaica and other the Territories depending thereon in America and Vice-Admiral of the same A PROCLAMATION WHereas I have received Commands from his Majesty by the Right Honourable James Vernon Esq one of his Majesty's Principal Secretaries of State signifying to me that his Majesty is unacquainted with the Intensions and Designs of the Scots settling at Darien And that it is contrary to the Peace entred into with his Majesty's Allies and therefore has commanded me that no Assistance be given them These are therefore in his Majesty's Name and by Command strictly to command his Majesty's Subjects whatsoever that they do not presume on any pretence whatsoever to hold any Correspondence with the said Scots nor to give them any Assistance of Arms Ammunition Provisions or any other Necessaries whatsoever either by themselves or any other for them or by any of their Vessels or of the English Nation as they will answer the Contempt of his Majesty's Command to the contrary at their utmost peril Given under my Hand and Seal of Arms this 8th day of April 1699. And in the 11th Year of our Soveraign Lord William the Third of England Scotland France and Ireland King and of Jamaica Lord Defender of the Faith c. WILLIAM BEESTON Barbados By his EXCELLENCY A PROCLAMATION WHereas his Majesty has been pleased to signify his pleasure to me by Mr. Secretary Vernon that he hath been advertised that several Ships of Force fitted out of Scotland were arrived at the Island of St. Thomas with an Intention as they declared to settle themselves in some part of America Their Design being unknown to his Majesty and least the same should derogate from the Treaties his Majesty hath entered into with the Crown of Spain or be otherwise prejudicial to any of his Majesty's Colonies in the West-Indies These are therefore in his Majesty's Name by and with the Advice and Consent of the Council strictly to command all his Majesty's Subjects inhabiting within this Island that they forbear holding any Correspondence with or giving any Assistance to any of the said Persons And that no Provisions Arms or other Necessaries whatsoever be carried to them as they shall answer the same at their peril Given under my Hand this 13th of April 1699 and in the Eleventh Year of his Majesty's Reign R. GRAY By his Excellency Richard Earl of Bellomont Captain General and Governour in chief of his Majesty's Province of New-York and Territories depending thereon in America and Vice-Admiral of the same A PROCLAMATION WHEREAS his most excellent Majesty hath received Advice That several Ships of Force fitted out of Scotland were designed to settle themselves in some parts of America and lest the same should derogate from the Treaties his Majesty hath entred into with the Crown of Spain or be otherwise prejudicial to any of his Majesty's Colonies in America his Majesty has been pleased to signify his Royal pleasure to me That I should strictly forbid all his Majesty's Subjects or others inhabiting within the Districts of my Government that they forbear holding any Correspondence with or giving any Assistance to any of the said Persons while they are engaged in the aforesaid Enterprize and that no Provisions Arms Ammunition or other Necessaries whatsoever be carried from hence to them nor be permitted to be carried either in their own Vessels or any other Ship or Vessel for their Use In pursuance of his Majesty 's said Royal Will and Pleasure I have thought fit by and with the Advice of his Majesty's Council of this Province to publish and declare his Majesty's Pleasure and by these presents do strictly charge and command all and every one of his Majesty's Subjects and others within this Province and Territories depending thereon in America That they forbear holding any Correspondence with or giving any Assistance to such Person or Persons who have been fitted out of Scotland in manner aforesaid are said to have settled in a certain place which they have called Caledonia That no Provision Arms Ammunition or other necessaries whatsoever be carried either in their own Vessels or in any other Ship or Vessel for their use from this Province or any part thereof And his Majesty's Collector and Receiver General and all other Officers of his Majesty's Custom-House are hereby required to take notice hereof accordingly And I do further strictly charge command and forbid by and with the consent of his Majesty's Council as aforesaid all his Majesty's said Subjects and others within this Province that they neither by themselves nor by any other Persons authorized by them contrary to his Majesty's Royal Pleasure as aforesaid hold any Correspondence or give any Assistance or enter into any Traffick or Commerce with such persons as are said to be settled in Caledonia aforesaid And if any Person or Persons within this Province by themselves their Factors or Agents shall contrary to and against the true intent and meaning of this his Majesty's Royal Will and Pleasure signified unto me as aforesaid hold any Correspondence or give any Assistance or enter into any Traffick or Commerce in manner aforesaid then all such Person or Persons so acting as aforesaid shall incurr such Pains Penalties and Forfeitures as by Law in such Cases are provided And all his Majesty's Subjects and others within this Province are hereby required to take due notice hereof and to observe his Majesty 's said Royal Will and pleasure in all and every of the Premisses as they will answer the contrary at their peril Given at Fort William Henry in New-York the 15th day of May 1699. and in the Eleventh Year of his Majesty's Reign By Order B. Cole Cl. Concilii Bellomont God save the King Printed by W. Bradford Printer to the Kings most Excellent Majesty in New-York 1699. By his Excellency Richard Earl of Bellamont Captain General and Governour in chief of his Majesty's Provinces of the Massachusetts-Bay New-York c. in America and of the Territories thereon depending and Vice-Admiral of the same A PROCLAMATION WHEREAS his most Excellent Majesty having received Advice that several Ships of Force fitted out in Scotland were arrived at the Island of St. Thomas with an Intention as they declared to settle themselves in some parts of America Lest the same should derogate from the Treaties his Majesty has entred into with the Crown of Spain or be otherwise prejudicial to any of his Majesty's Colonies in the West-Indies his Majesty has been pleased to signify his Royal Pleasure to me That I should strictly forbid all his Majesty's Subjects or others inhabiting within the Districts of my Government that they forbear holding any Correspondence with or giving any Assistance to any of the said Persons while they are engaged in the foresaid Enterprize and that no Provision Arms Ammunition or other Necessaries whatsoever be carried to them from thence nor be carried either in their own Vessels or any
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
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
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