to His Majesty as Escheat and the other half to the use and benefite of the said Company For the effectual Execution whereof it shall be lawfull to the said Company or any imployed by them to seize the said Ships and Goods in any place of ASIA or AFRICA or at Sea upon the Coasts of ASIA or AFRICA upon the trangression foresaid by force of Arms and at their own hand and that without the hazard of incurring any Crime or Delinquencie whatsomever on account of the said Seizure or any thing necessarly done in prosecution thereof Excepting always and without prejudice to any of the Subjects of this Kingdom to Trade and Navigat during the said space to any part of America where the Colonies Plantations or Possessions of the said Company shall not be settled-And it is further hereby enacted that the said Company shall have the free and absolute Right and Property only relieving and holding of his Majesty and his Successors in Sovereignty for the only acknowledgement of their Alledgiance and paying yearly a Hogshead of Tobacco in Name of Blench-dury if required allenarly in and to all such Lands Islands Colonies Cities Towns Forts and Plantations that they shall come to Establish Possess in manner forsaid As also to all manner of Treasures Wealth Riches Profits Mines Minerals Fishings with the whole product and benefite thereof as well under as above the Ground and as well in Rivers and Seas as in the Lands thereto belonging or from or by reason of the same in any sort together with the Right of Government and Admirality thereof And that the said Company may by vertue hereof grant and delegat such Rights Properties Powers and Immunities and permit and allow such sort of Trade Commerce and Navigation into their Plantations Colonies Cities Towns or Places of their Possession as the said Company from time to time shall jugde fit and convenient With power to them to impose and exact such Customs and other Duties upon and from themselves and others Trading with and coming to the said Plantations Cities Towns places and ports and Harbours thereof as the company shall think needful for the mantainance and other publick uses of the same Holding always and to hold the whole Premisses of His Majesty and His Successors Kings of Scotland as Sovereigns thereof and paying only for the same their Acknowledgement and Alledgiance with a Hogshead of Tobacco yearly in name of Blench-duty if required for all other Duty Service Claim or demand whatsoever with power and Liberty to the said Company to Treat for and to procure and purchase such Rights Liberties Priviledges Exemptions and other grants as may be convenient for supporting promoting and enlarging their trade and Navigation from any forreign Potentate or Prince whatsoever in amity with His Majesty for which the general Treaties of Peace and Commerce betwixt His Majesty and such Potentates Princes or States shall serve â—â—sufficient security Warrand and Authority and if contrair the said Rights Liberties Priviledges Exemptions Grants or Agreements any of the Ships Goods Merchandise persons orther effects whatsoever belonging to the said Company shall be stopt detained embezled or away taken or in any sort prejudged or damnified His Majesty promises to interpose his Authority to have Restitution reparation and satisfaction made for the Dammage done and that upon the publick Charge which His Majesty shall cause depurse and lay out for that effect And further it is hereby Statute that all Ships Vessels Merchandise Goods and other Effects whatsoever belonging to the said Company shall be free of 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 otherwise for and during the space of twenty one years excepting always the whole Duties of Tobacco and Sugar that are not of the Growth of the Plantations of the said Company And further it is Enacted that the said Company by Commission under their common Seal or otherwise as they shall appoint may make constitute all and every their Directors Governours and Commanders in Chief and other Officers Civil or Militery by Sea or by Land as likewise that the said Company may Inlist Inroll Agree and Retain all such persons Subjects of this Kingdom or others whatsoever as shall be willing and consent to enter in their Service or Pay providing always that they Up lift or Levy none within this Kingdom to be Soldiers without leave or Warrand first obtained from his Majesty or the Lords of his Privy Council over which Directors Governours Commanders in Chief or other Officers Civil or Military and others whatsoever in their Service and Pay the Company shall have the Power Command and Disposition both by Sea and Land And it is further Statute That no Officer Civil or Military or other Person whatsoever within this Kingdom shall Impress Entertain Stop or Detain any of the Members Officers Servants or others whatsoever of or belonging to the said Company And in Case the said Company their Officers or Agents shall find or understand any of their Members Officers Servants or others aforesaid to be Impressed Stopped or Detained they are hereby Authorized and allowed to take hold of and Release the foresaid person Impressed or Stoped in any part of this Kingdom either by Land or Water and all Magistrats and others His Majesties Officers Civil and Military and all others are hereby required in their respective Stations to be Aiding and Assisting to the said Company under the pain of being lyable to all the Loss Dammage and Dettiment of the said Company by reason of the foresaid persons their neglect And further that the said company whole Members Officers Servants or others belonging thereto shall be free both in their Persons Estates and and Goods imployed in the said Stock and Trade from all manner of Taxes Cesses Supplies Excises Quartering of Soldiers Transient or Local or Levying of Soldiers or other Impositions whatsoever and that for and during the space of twenty one years And lastly All Persons Concerned or to be Concerned in this Company are hereby Declared to be free Denizons of this Kingdom and that they with all that shall Settle to Inhabite or be Born in any of the foresaid Plantations Colonies Cities Towns Factories and other Places that shall be purehast and Possest by the said Company shall be Repute as Natives of this Kingdom and have the Priviledges thereof And generally without prejudice of the Specialities foresaid His Majesty with Consent foresaid Gives and Grants to the said Company all Power Rights and Priviledges as to their Persons Rules Orders Estates Goods and Effects whatsoever that by the Laws are given to Companies allowed to be Erected for Manufactories or that are usually given in any other Civil Kingdom or Common-Wealth to any Company there Erected for trade and Commerce And for the better Establishment and greater Solemnity of this Act and Gift in Favours of the said Company
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
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
other Ships or Vessels for their use In observance therefore of his Majesty 's said Royal Will and Pleasure I have thought fit by and with the Advice of his Majesty's Council of this Province to charge and command and do hereby charge and command all and every of his Majesty's Subjects and others within this Province and Territories thereon depending that they forbear holding any Correspondence with or giving any Assistance to any Person or Persons who have been fitted out of Scotland in manner aforesaid and are said to have settled in a certain place in the West-Indies by 'em call'd Caledonia or to enter into any Traffick or Commerce with them or any of them And that no Provisions Arms Ammunition or other Necessaries whatsoever be transported or carried unto them from this Province or any part thereof either in their own Vessels or any other Ship or Vessel for their Use Of which all his Majesty's Subjects and others within this Province are hereby required to take due notice and conform themselves accordingly as they will answer their acting hereunto under the outmost Pains Penalties and Forfeitures as are by Law in such cases provided And the Officers of his Majesty's Customs and all other his Majesty's Officers are hereby also required to take effectual care that his Majesty 's said Royal Will and Pleasure in all and every of the Premisses be duly observed and kept as they will answer the contrary at their Peril Given at the Council Chamber in Boston the third of June 1699 in the Eleventh Year of his Majesty's Reign By Order of his Excellency and Council I. Addington Secr. BELLOMONT God save the King Boston Printed by Bartholomew Green and John Allen Printers to his Excellency the Governour and Council A second Proclamation published in Barbadoes against the Scots Company and Colony Barbadoes By his EXCELLENCY VVHEREAS his Majesty has been pleased to signify his pleasure to me by Mr. Secretary Vernon That he hath been Advised that several Ships of force are arrived at the Island of Cairat near Darien from Scotland with an intention to settle themselves their Design being unknown to his Majesty and least the same should derogate from the Treaties his Majesty hath entred into with the Crown of Spain or be otherwise prejudicial to any of his Majesty's Colonies in the West Indies These are therefore in his Majesty's Name by and with the Advice and Consent of the Council strictly to command all his Majesty's Subjects inhabiting within this Island that they forbear holding any Correspondence with or giving any Assistance to the said Persons and that no Provision Arms Ammunition or other Necessaries whatsoever be carried to them as they shall answer the same at their peril Given under my hand the 5th day of September 1699. and in the Eleventh Year of his Majesty's Reign R. Gray The Council General of the Indian and African Company 's Petition to his Majesty May it please your Majesty WE your Majesty's most dutiful Subjects The Council-General of the Company of Scotland Trading to Africa and the Indies do in all humble duty beg leave to lay before your Majesty the present Condition of our Affairs Your Majesty from an earnest desire of the flourishing of your Antient Kingdom having been graciously pleased by the 32d Act of the 4th Session by the 8th Act of the 5th Session of this current Parliament and your Majesty's Letters Patent under the Great Seal of this Kingdom following thereupon to authorize the settling of Plantations and Colonies in Asia Africa or America by the Natives of this Kingdom and and such others as should joyn with them as in the said Acts of Parliament and Letters Patent is more particularly express'd We and our Constituents your Majesty's most Loyal Subjects did upon the faith and encouragment of the said Acts and Letters Patent enter into a Society erect a Company of Trade and with great Charge and after many Difficulties settled a Plantation on the North side of the Isthumus of Darien a place precisely in the terms of the said Acts of Parliament and Letters Patent And being sensible That as our Company had its Birth from your Majesty's most Gracious Favour so it could not subsist but by your Royal Protection We did therfore in all humble manner Petition your Majesty's High Commissioner and the Estates of Parliament assembled the 19th of July 1698. Upon which the Estates of Parliament did with great unanimity Address your Majesty That you would in your Royal Wisdom be pleased to take such measures as might effectually vindicate the undoubted Rights and Priviledges of the said Company and support the Credit and Interest thereof That Session of Parliament ending before any Return could be had from your Majesty Reports have been spred by the Enemies of our Settlement as if our Company had not your Majesty's Protection And as an evidence thereof That Proclamations have been issued out in your Majesty's Name by your Governours in all the American Plantations not only to deprive our said Company and Colony of the friendly Assistance that might have reasonably been expected from our Neighbour Nation but also strictly forbiding all your Majesty's Subjects or others within these Plantations to enter into any Traffick or Commerce with the said Colony that no Provisions Arms Ammunition or other Necessaries whatsoever should be transported or carried to them either in their own Vessels or any other Ship or Vessel for their use and that under the utmost Pains Penalties and Forfeitures mentioned in the said Proclamations Which Proceedings we have but too much reason to believe have been of fatal consequence to our Company and Colony and consequently to the interest of all your Majesty's good Subjects in this Kingdom And we being fully persuaded that nothing could be so conducible for the support of our said Company and Colony in our present Circumstances as some special Testimonies and Evidences of your Royal Protection We do therefore in all humility and earnestness beg of your Majesty's fatherly care of our said Company in particular and of the Nation in general That your Majesty would be graciously pleased to take off the force and effect of these Proclamations which have been so prejudicial to us and to signify your Royal Pleasure to the Governours of these your Plantations that we may be supply'd in the common and ordinary way of Commerce As also that your Majesty may allow your Parliament to meet at the day appointed in November next or as soon as possibly can be that your Majesty may have the Advice and Assistance of the Great Council of this Nation in such a weighty and general Concern which we hope God will bless with an happy issue to his Glory the Honour of your Majesty the Credit of your Parliament the Interest of the Nation and the Good of our Company and Colony Sign'd at Edinburgh the 19th day of October 1699. in Name presence and by Order of the said Council General by
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
said Company to have a common Seal and to alter and Renew the same at their pleasure with Advice always of the Lyon King at Arms As also to plead and Sue and be Sued and to purchase Acquire Possess and enjoy Lordships Lands Tenements or other Estate Real or Personal of whatsoever Nature or Quality and to dispose upon and alienate the same or any part thereof at their pleasure and that by Transfers and Assignments made and entred in their Books and Records without any other Formality of Law Providing always that such Shares as are first subscribed for by Scots Men within this Kingdom shall not be alienable to any other than Scots Men living within this Kingdom That the foresaid Transfers and Conveyances as to Lands and other real Estate when made of these only and a part be perfected according to the Laws of this Kingdom anent the Conveyance of Lands and Real-Rights with power likeways to the foresaid Company by Subscriptions or otherways as they shall think fit to raise a Joynt-Stock or Capital Fond of such a Sum or Sums of Money and under subject unto such Rules Conditions and Qualifications as by the foresaid Company or major part of them when assembled shall be Limited and Appointed to begin carry on and support their intended Trade of Navigation and whatever may contribute to the Advancement thereof And it is hereby Declared that the said Joynt-Stock or Capital Fond or any part thereof or any Estate Real or Personal Ships Goods or other Effects of belonging to the said Company shal not be lyable unto any manner of Confiscation Seisure Forfaulture Attachment Arrest or Restraint for and by Reason of any Embargo breach of Peace Letters of Mark or Reprisal Declaration of War with any Forreign Prince Potentate or State or upon any other account or pretence whatsoever But shall only be Transferable Assignable or Alienable in such way and manner and in sucâ— Parts and Portions and under such Restrictions Rules and Conditions as the said Company shall by Writing in and upon their Books Records and Registers direct and appoint and these Transfers and Assignments only and no other shall convey the Right and Property in and to the said Joynt-Stock and Capital Fond and Effects thereof abovementioned or any part of the samen excepting always as is above excepted and that the Creditors of any particular Member of the Company may by their real Diligence affect the share of the Profit falling and pertaining to the Debitor without having any further Right or Power of the Debitors Part and Interest in the Stock or Capital Fond otherways than as above appointed and with this express Provision that whatever Charges the Company may be put to by the contending of any of their Members deceased or of their Assigneys Creditors or any other persons in their Rights The Company shall have Retention of their Charges and Ezpenses in the first place And the Books Records Registers of the said Company or Authentick Abstracts or Extracts out of the same are hereby declared to be good and sufficient for Evidents in all Courts of Indicature and else where And His Majesty with Advice foresaid further Statutes and Declares that the said 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 Cheisly James Smith Thomas Couts Hugh Frazer Joseph Cohen D' Azevedo and Walter Stuart Merchants in London and others to be joyned with or assumed by them in manner above-mentioned and their Successors or major part of them assembled in the said Company shall and may in all time coming by Plurality of Votes Agree Make Constitute and Ordain all such other Rules Ordinances and Constitutions as may be needfull for the better Government and improvement of their Joynt-Stock or Capital Fond in all Matters and things relating thereunto to which Rules Ordinances and Constitutions all persons belonging to the said Company as well Directors as Members thereof Governours or other Officers Civil or Military or or others whatsoever shall be subject and hereby concluded As also to Administrate and take Oaths de fideli and others requisite to the Management of the foresaid Stock and Company And the said Company is hereby impowered to Equipp Fit set Out Fraught and Navigat their own or hired Ships in any manner as they shall think fit and that for the space of ten years from the date hereof notwithstanding of the Act of Parliament one thousand six hundred and sixty one years Intitituled Act for Encouraging Shipping Navigation wherewith His Majesty with Consent foresaid dispenses for the said time allenaâ—ly in favours of the said Company that from any of the Ports or Places of this Kingdom or fromany other parts or places in Amity or not in Hostility with His Majesty in Warlike or other manner to any Islands Countreys or places in Asia Africa or America And there to Plant Colonies build Cities Towns or Forts in or upon the places not Inhabited or in or upon any other place by consent of the Natives and Inhabitants thereof and not possest by any European Sovereign Potentate Prince or State And to provide and furnish the foresaid Places Cities Towns or Forts with Magazins Ordinances Arms Weapons Ammunition and stores of War and by Force of Arms to defend their Trade and Navigation Collonies Cities Towns Forts and Plantations and other their effects whatsoever As also ro make Reprisals and to seek and take Reparation of Dammage done by Sea or by Land and to make and conclude Treaties of Peace and Commerce with the Sovereigns Princes Estates Rulers Governours or Proprietors of the foresaid Lands Islands Countreys or Places in ASIA AFRICA or AMERICA Providing always Likeas It is hereby specially provided that all Ships imployed by them shall return to this Kingdom with their Effects under the pain of Confiscation Forfaulture and Seizure of the Ship and Goods in case of breaking of Bulk before their return excepting the case of Necessity for preserving the Ship Company and Loadning allenarly And His Majesty with Consent foresaid doth further Statute and Ordain that none of the Leidges of this Kingdom shall or may Trade or Navigat to any Lands Islands Countreys or places in ASIA or AFRICA in any time hereafter or in AMERICA for and during the space of Thirty One Years to be counted from the passing of this present Act without Licence and Permission in writing from the said Company Certifying all such as shall do in the contrair hereof that they shall Forfault and Amit the third part of the Ship or Ships and of the Cargo or Cargoes therein imployed or the value thereof the one half
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
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
for that Effect We likewise humbly beg leave to inform Your Grace and Right Honourable Estates that amongst our Company 's many other Losses and Mis-fortunes a Ship called the Dolphin loadned with a valuable Cargo belonging to our Company struck unfortunately on a Rock by which she sprung a Leak and being forc'd to run a shore under the Walls of Carthagena to escape Shipwrack the said Ship and Goods were by the Spaniards His Majesty's Allies violently seized and disposed of as Prize and the Men also to the Number of 30 and a Boy detain'd and made close Prisoners not only contrary to the Law of Nations we being then in profound Peace with them but also contrary to the express Terms of the 10. and 11. Articles of the Treaty concluded at Madrid the 2 18 Day of July 1670 between the Crowns of Great Brittain and Spain By our Dutiful Address of the 4th of December 1699 we humbly Petition'd His Majesty That He would be graciously pleased to take those Proceedings of the Spaniards into His Royal Consideration so as that speedy and effectual Measures might be taken for the Redress of those Dammages and the freedom of these distressed Prisoners In Answer to which His Majesty was graciously pleased by his Royal Letter of the 10th of January last to signify That He was resolved in the Terms of the Treaties to demand from the King of Spain that these Prisoners should be set at Liberty Yet some of the most considerable of these Prisoners being transported above half a Year ago to Old Spain We have frequent Advices from them by Letters dated in Cadiz-Prison That they and all the Crew have been most Barbarously used and that they themselves are still kept close Prisoners under very severe Treatment Copies of which Letters we have some Months ago transmitted to the Secretaries of State By all which it cannot but evidently appear to Your Grace and Right Honourable Estates that tho' we have all along us'd our best Endeavours to wrestle through these almost unsurmountable Difficulties and exerted even our outmost efforts for retrieving our Losses as much as possible by endeavouring to repossess and mantain so valuable a Settlement And tho' we have certain Advices of its being Repossess'd by our People and that we have taken all imaginable Measures for their present Supply Yet we have too just ground to be fully perswaded That unless the King and High Court of Parliament do speedily Support Protect and Assist us in the Prosecution of our Company 's lawful Designs that all our Past Present and Future Endeavours must to the Nation 's indelible Reproach and Dishonour as well as to its and the Company 's unspeakable and irreparable Loss prove unavoidably abortive May it therefore please Your Grace and Right Honourable Estates to take the several Matters of Fact above-mentioned into your most serious Consideration To Vindicate Support and Protect us in the Enjoyment of our lawful Priviledges both as a Company and as Subjects of this free and independent Kingdom to take such Measures as You in Your profound Wisdom may judge most Effectual for repairing the many Dammages we have already sustain'd and for assisting us in the further Prosecution of our Company 's lawful Designs but more especially for the maintenance of our just Right and Title to the Settlement of CALEDONIA and the Enjoyment of such Advantages as if duly Protected may probably arise thereby Sign'd at Edinburgh the 16th Day of May 1700 In Name Presence and by Warrant of the said Council-General by MARISCHALL I. P. C. G To His Grace His Majesty's High Commissioner and the Right Honourable Estates of Parliament The Humble Address and Petition of the Heretors of the Shire of Haddingtoun THat whereas after a long and Expensive War we expected to have injoyed the blessings of a happily concluded Peace by the Re-establishing of our Forreign Trade Encouragement of Home-Manufactures imploying of the Poor in the improvement of our Native product and the lessening of our publick burdens But instead thereof to the unspeakable Loss almost Ruin of the Nation we find our Trade abroad sensibly decayed and our Coin carried out by the Importation of Commodities from places where ours are prohibited our Woollen and other Manufactories at home by the same means and the Remisness of Magistrates in puting the Laws in due Execution receive not that Encouragement which the Interest of the Countrey requires whereby our Poor are neither mantain'd nor imploy'd as they otherways might be and more especially our Company Trading to Africa and the Indies meets with so much opposition from abroad and gets so little support at home that after so great a Loss of Men and Expense of Treasure their Sttlement in Caledonia may now too probably a second time fall under the same unlucky Circumstances as at first if not prevented And yet after all these hardships that the Nation groans under numerous Forces are still kept on foot which occasions now in time of Peace heavy and unnecessary Taxes while our much wealthier Neighbours are Disbanding theirs All which Misfortunes and other Calamities which have of late befallen us we cannot but look upon as the Effects of the displeasure of Almighty GOD for the Immoralities that every where abound amongst all Ranks and Degrees of Men to the Dishonour of GOD and our Holy Religion the debauching the Spirits and corrupting the manners of the People May it therefore please your Grace and the Right Honourable Estates of Parliament to take some effectual Course for curbing of Vice and putting in Execution the many laudable Laws for mantaining and imploying the Poor that they may be useful and not burdensome to the Kingdom and for the Encouraging our Manufactories at home and carrying on our Trade abroad with Advantage to lay on such Impositions on the Branches of our Import as may overballance our Export and particularly that of France and to assert the Indian and African Company 's Right to the Colony of Caledonia which has been still unjustly is called in question and to give such support to it as may Encourage the Adventurers to go on with an undertaking which if vigorously pursued may tend so much in the future to the Wealth Honour and interest of the Nation and to relieve our Countrey of a great Number of Forces every way so uneasy to the People and in lieu thereof to fall upon such other Methods for security of the Peace and support of the Government as may be more for the Interest of the Kingdom and more consistent with the Liberty of the Subject Memorandum There were likewise at the same time several other Addresses and Petitions both from Shires Burrows presented read in Parliament needless to take up roome here as being much after the same strain with that of the Heretors of the Shire of Haddingtoun complaining of many general and particular Grievances and more especially of those relating to the Indian and African Company
to whom he had lately given such large Priviledges by so Solemn an Act of Parliament Upon Notice of all which the Company 's Deputees went immediatly to the Senate and gave in a short Memorial in French which being faithfully Translated is as followeth Noble and Venerable Lords WE the Subscribers Deputees and Directors of the Indian and African Company of the Kingdom of Scotland Understanding that the Gentlemen His Majesty of Great Britain's Ministers here have presented a Memorial to your Lordships in which they seem to quarrel the Powers which have been granted to us by His Majesty and the Parliament of Scotland to make Treaties of Commerce with any Foreign Potentate Prince or State not in War with His Majesty the King our Soveraign for Enlarging the Trade and for the better Establishment of our said Company We pray your Lordships That you would be pleased to Communicat the said Memorial to us that we may take Measures accordingly Hamburgh the 9th day of April 1697. Your Lordships most humble and obedient Servants Jo. Erskine Jo. Haldan Will. Paterson The Senate thereupon recommended the Deputees above-nam'd to the Commercii in whose Hands the Memorial lay who gave them a Copy thereof Doubles of which were by the said Deputees dispatched to both the Secretaries of State for Scotland and to the Court of Directors of the Company And in the mean time the Merchants to assert their own Freedom and Priviledges Sign'd for considerable Sums in the Company 's Books But with a Condition to be void if the Company did not procure some Declaration from the King that might render them secure from the Threatnings and other Insinuations contain'd in the said Memorial To the Kings most Excellent Majesty The Humble Address of the Council-General of the Company of Scotland Trading to Africa and the Indies May it please Your Majesty WHereas By the 32d Act of the 4th Session and by the 8th Act of the 5th Session of Your Majesties current Parliament as well as by Your Majesties Patent under the Great Seal of this Kingdom this Company is Established with such Ample Priviledges as were thought most proper for encouraging both Natives and Forreigners to Joyn in the Carrying on Supporting and Advancement of our Trade The most Considerable of the Nobility Gentry Merchants and whole Body of the Royal Burrows have upon the Inducement and Publick Faith of Your Majesties said Acts of Parliament and Letters Patent contributed as Adventurers in raising a far more considerable Joynt-Stock than any was ever before rais'd in this Kingdom for any Publick Undertaking or Project of Trade whatsoever which makes it now of so much the more Universal a Concern to the Nation And for the better Enabling us to Accomplish the Ends of Your Majesties said Acts of Parliament and Letters Patent we have in Pursuance thereunto appointed certain Deputees of our own Number to Transact and Negotiat our necessary Affairs beyond Sea And at the same time to Treat with such Forreigners of any Nation in Amity with Your Majesty as might be inclinable to Joyn with us for the Purposes aforesaid In the Prosecution of which Commission to our said Deputees Vested with full Power and Authority according to Law we are not a little surpriz'd to find to the great Hindrance and Obstruction of our Affairs That Your Majesties Envoy to the Courts of Lunenburgh and Resident at Hamburgh have under Pretence of special Warrant from Your Majesty given in a Joint-Subscribed Memorial to the Senate of Hamburgh expresly Invading the Priviledges granted to our Company by your Majesty's said Acts of Parliament and Letsers Patent as by the herewith transmitted Copy may appear By the which Memorial we sustain great and manifest Prejudices fince both the Senate and Inhabitants of the said City of Hamburgh are thereby contrary to the Law of Nations expresly threatned with your Majesty's high Displeasure if they or either of them should countenance or joyn with us in any Treaty of Trade or Commerce whatsoever which deprives us of the Assistance which we had reason to expect from several Inhabitants of that City For Redress whereof we do in all Duty and Humility Apply to your Majesty not only for the Protection and Mantenance of our Priviledges and Freedom of Trade but also for Reparation of Damnages conform to your Majesty's said Acts of Parliament and Letters Patent And do further beg leave to Represent to your Majesty That tho by the said Act of Parliament and Letters Patent we conceive our selves legally and sufficiently Authorized to Treat even with any Sovereign Potentate or Estate in Amity with your Majesty for the Support and Advancement of our Trade yet we by our said Deputees have only treated with particular and private Merchants of the said City of Hamburgh without ever making any the least Proposal to the Senate thereof And this we humbly conceiv to be the natural Right and Priviledge of all Merchants whatsoever even tho we had wanted the Sanction of so Solemn Laws And without some speedy Redress be had therein not only this Company but also all other individual Merchants of this Kingdom must from hence forward conclude That all our Rights and Freedom of Trade are and may be further by our Neighbours violently wrested out of our Hands We therefore to prevent the further evil Consequences of the said Memorial to our Company in particular do make our most Humble and Earnest Request to your Majesty that you would be Graciously pleased to grant us such Declaration as in your Royal Wisdom you shall think fit to render the Senate and Inhabitants of the said City of Hamburgh and all others that are or may be concern'd secure from the Threatings and other Suggestions contain'd in the said Memorial as well as to render us secure under your Majesty's Protection in the full prosecution of our Trade and free enjoyment of our lawful Rights Priviledges and Immunities contain'd in your Majesty's Acts of Parliament and Letters Patent above-mentioned Signed at Edinburgh the Twenty Eight Day of June 1697 in Name Presence and by Order of the said Council-General by May it please your Majesty Your Majesties most Faithful most Dutiful most Humble and most Obedient Subject and Servant YESTER P. Memorandum That the Council-General of the Company did at the same time come to a Resolution of Representing the Premisses likewise to His Majesties most Honourable Privy Council but were afterwards prevailed upon to supersede that Resolution at the Secretaries of State 's earnest Desire they being both then here and upon their joint Engagement to procure a speedy Answer from his Majesty The King's Answer to the said Address By the Right Honourable John Earl of Tullibardin c. and Sir James Ogilvy Knight Principal Secretaries of State My Lords and Gentlemen WE are impowered by the King to signify unto you That as soon as His Majesty shall Return to England he will take into Consideration what you have Represented unto him
And that in the mean time His Majesty will give Orders to his Envoy at the Courts of Lunenburgh and his Resident at Hamburgh not to make use of his Majesty's Name or Authority for obstructing your Company in the prosecution of your Trade with the Inhabitants of that City Signed at Edbinurgh the second Day of August 1697. To the Council-General of the Company of Scotland Trading to Africa and the Indies Tullibardin Ja Ogilvy A Letter from the Directors of the Company to the Right Honourable the Earl of Tullibardin c. Principal Secretary of State Edinburgh 28. September 1697. May it please your Lordship IT is not unknown to your Lordship in what Humor the Council-General of our Company and most part of the Nation were in with relation to the Memorial given in to the Senate of Hamburgh against our Company by the English Ministers there Upon which ensued the said Council-Generals late Address transmitted to His Majesty by your Lordship And your Lordship very well knows that at your Request and Desire only upon Promises of using your best Endeavours to procure a Speedy and Satisfactory Answer from His Majesty the said Council-General was prevailed upon to suspend representing that Matter further to the Government till the 2d day of August last past On which day your Lordship did signify His Majesty's Answer to the said Address Upon Receipt whereof the said Council-General did resolve to Supersede any further proceeding therein till His Majesty's arrival in England as not in the least doubting but His Majesty would have in the mean time pursuant to His said Answer given Orders to his Resident at Hamburgh with relation to the subject Matter of the said Memorial But we are extreamly surpriz'd to find by Letters of the 31 ultimo from our Company 's Agent in that City That he had according to our Order been to wait on the English Resident there and with all the Respect due to his Character intimated to him the Contents the said Address and Answer Upon which the said Resident declared That he was Ready and Willing to obey his Masters Orders but that as yet he had got none in that Matter We cannot imagine what should be the occasion of this new Dis-appointment since we cannot suffer our selves to believe but that His Majesty has according to His Letter to your Lordship given Orders as aforesaid which makes us admire the more where the Neglect of that Matter doth now stand Yet we must needs say we are in some measure afraid to acquaint the said Council-General with it lest they be more uneasie thereupon than we could wish till first we have your Lordships Answer For which cause we the several Subscribing Directors of the said Company who are now in Town have thought fit in as quiet a manner as possible to give your Lordship an Account thereof to the end you may in your Wisdom and Prudence advise His Majesty with relation thereunto and doubt not but your Lordship will take such care herein as may prevent our calling another Council-General with relation to the Premisses which we are bound unavoidably to do if we have not your Lordships timely Answer We are May it please your Lordship Your Lordships most Obedient and humble Servants Ad Cockburn Fran Montgomery Arch Mure. Geo Clark Rob Blackwood Ja Balfour William Paterson Mem A Sign'd Duplicate hereof was likewise sent at the same time to the Right Honour able Sir James Ogilvy Knight c. To the King 's Most Excellent Majesty The humble Address of the Council-General of the Company of Scotland Trading to Africa and the Indies May it please your Majesty BY a former Address of the 28th of June last we have humbly represented to your Majesty how that your Majesty's Envoy to the Courts of Lunenburg and Resident at Hamburgh did under Pretence of Special Warrant from Your Majesty give in a Memorial to the Senate of the said City of Hamburgh contrary to the Law of Nations and expresly invading the Priviledges contained in the Acts of Parliament and Letters Patent by which our Company is established Copies of which Address and Memorial we have for Your Majesty's better Information hereto annexed In answer to which Your MAJESTY was then graciously pleased to signifie by Your Royal Letter That upon Your MAJESTY's arrival in England You would take the Contents of our said Address into Consideration And that in the mean time You would give Orders to Your said Ministers not to make use of Your Majesty's Name or Authority for obstructing our Company in the Prosecution of our Trade with the Inhabitants of the said City of Hamburgh In the full Assurance of which we rested secure and took our Measures accordingly till to our further Surprize and great Disappointment we find by repeated Advices from Hamburgh That Your Majesty 's said Resident continues still Contumacious and is so far from giving due Obedience to Your Majesty's said Order that upon Application made to him for that Effect with all the Respect due to his Character he pretended that he had never as yet got any such Order on our Behalf which we thought fit in all Duty and Humility to lay before Your Majesty renewing withal our most humble and earnest Request That Your Majesty would be now graciously pleased to take the Contents of this and our said former Address into Consideration and in Your Royal Wisdom order some speedy and Effectual Redress of our Grievances therein-mentioned and a just Reparation of the manifest Damages which our Company has already sustained by reason of the said Memorial And grant us a Declaration under Your Royal hand to render the Senate and Inhabitants of the said City of Hamburg and all others with whom we have occasion to enter in Commerce secure from the Threatnings and other false Suggestions mentioned in the said Memorial as well as to render us secure under Your Majesty's Protection in the free Enjoyment of our Lawful Rights and Priviledges contained in Your Majesty's Acts of Parliament and Letters Patent above-mentioned Sign'd at Edinburgh the 22d Day of Decemb. 1697 in Name Presence and by Order of the said Council-General by May it please Your Majesty Your Majesty's most Faithful most Dutiful most Humble and most Obedient Subjest and Servant Fr. Scott Fr. To the Right Honourable The Lord High Chancellor and remanent Lords of His Majesty's most Honourable Privy-Council The humble Representation of the Council-General of the Company of Scotland Trading to Africa and the Indies May it please your Lordships 'T Is not unknown to your Lordships how that in several successive Sessions of this Current Parliament His Majesty's Instructions to His respective High Commissioners and their several Speeches pursuant thereunto have been full of repeated Assurance of His Majesty's good Inclinations for encouraging the Trade and Manufactures of this Nation And whereas accordingly by the 32d Act of the 4th Session and the 8th Act of the 5th Session of the said
Parliament together with His Majesty's Letters Patent under the Great Seal of this Kingdom our Company is establish'd with such ample Priviledges and Immunities as were thought most proper for encouraging both Natives and Foreigners to joyn in the carrying on supporting and advancement of our Trade We have in pursuance and upon the publick Faith thereof not only contributed at home a far more considerable Joint-Stock than was ever before raised in this Nation for any publick Undertaking or Project of Trade whatsoever but have also had all the promising Hopes and Prospect of Foreign Aid that our Hearts could wish till to our great Surprize the English Ministers at Hamburgh have under Pretence of Special Warrant from his Majesty put a stop thereto by giving in a Memorial to the Senate of that City threatning both Senate and Inhabitants with the King 's utmost Displeasure if they should countenance or joyn with us in any Treaty of Trade or Commerce As by the annexed Copy thereof may appear Upon due Consideration whereof we have in all Duty and Humility address'd His Majesty in June last for Redress thereof In answer to which Address His Majesty was then graciously pleased to signifie by his Royal Letter That upon His return into England He would take into Consideration the Contents of our said Address And that in the mean time He would give Orders to His said Ministers at Hamburgh not to make use of His Royal Name or Authorty for obstructing the Trade of our Company with the Inhabitants of that City In the full Assurance of which we rested secure and took our Measures accordingly till to our further Surprize and unspeakable Prejudice we found by repeated Advices from Hamburgh that the said Resident continues still Contumacious and is so far from giving due obedience to His Majesty's said Order that upon Application made to him by our Agent in that City with all the Respect due to his Character he declared That as yet he had got no such Order on our behalf Which by a further Address we are now to lay before His Majesty But whereas we humbly conceive your Lordships to be more immediatly under His Majesty the Guardians of the Laws and Liberties of this Kingdom we think it our Duty to represent to your Lordships the Consequences of the said Memorial both with relation to our Company in particular and the Priviledges Interest Honour Dignity and Reputation of the Nation in general Your Lordships very well know of what Concern the Success of this Company is to the whole Kingdom and that scarce any particular Society or Corporation within the same can justly boast of so unanimous a Suffrage or Sanction as the Acts of Parliament by which this Company is established So that if effectual measures be not taken for putting an early stop to such an open and violent Infringement of and Encroachment upon the Priviledges of so solemn a Constitution 't is hard to guess how far it may in after Ages be made use of as a Precedent for invading and overturning even the very Fundamental Rights Natural Liberties indisputable Independency of this Kingdom which by the now open and frequent Practises of our unkind Neighbours seem to be too shreudly pointed at And should this Company wherein the most considerable of the Nobility Gentry Merchants and whole Body of the Royal Boroughs are concern'd be so unhappy which God forbid as to have its Designs rendred unsuccessful through the unaccountable evil Treatments of our said Neighbours most certain it is that no Consideration whatever can thereafter induce this Nation to join in any such other Publick tho' never so advantageous Undertaking as not doubting but to meet with the like or greater Discouragements from those who give such frequent and manifest Indications of their Designs to wrest our Right and Freedom of Trade out of our Hands For which cause we humbly offer the Premisses to your Lordship's serious Consideration not doubting but you will in your profound Wisdom and Prudence take such effectual Measures for Redress thereof at present and to prevent the like Encroachments for the future as may be capable to remove those Apprehensions and Jealousies which the bare-faced and avowed Methods of the English do now suggest not only to our Company in particular but even to the whole Body of this Nation in general Sign'd at Edinburgh the 22d day of December 1697 in Name Presence and by Order of the said Council-General by May it please your Lordships Your Lordships most Obedient and most humble Servant Fran. Scott Pr. A Letter from the Council-General of the Company to His Grace the Duke of Queensberry Edinb the 25th of Decemb. 1697. May it please your Grace THis is by Order of the Council-General of the Indian and African Company of Scotland to acquaint your Grace that by this Post there is a Second Address from the said Council-General transmitted to the Secretaries of State to be by them presented to His Majesty And the Subject Matter thereof being of so high a concern not only to the Company but also to the whole Nation It is not doubted but that your Grace both as a Patriot and a Party Interested in the Company 's Stock will imploy your Interest to second the same refering your Grace to the Bearer for particular Information of the whole Matter and what has been already done therein I am May it please your Grace Your Graces most Obedient and most humble Servant Fran Scot Pr. Mem That Letters to this purpose were at the same time written to such others of the Scots Nobility and most considerable Gentry as happen'd to be then at London A Letter from both the Secretaries of State in Answer to the Council-General of the Company 's second Address to His Majesty Kensingtoun Jan. 17. 1698. SIR VVE presented this Day to the King the Address of the African Company We could not have Opportunity to do it sooner His Majesty being so much taken up at this time The King said That he had already given Orders to his Resident at Hamburg in that Matter conforme to his Lettter he wrote from Flanders in July last which was communicated to the Company We are SIR Your humble Servants Tullibardin Ja. Ogilvy To Sir Fran Scott of Thirlestane To His Grace His Majesty's High Commissioner and the Right Honourable the Estates of Parliament The humble Petition of the Council-General of the Company of Scotland Trading to Africa and the Indies Sheweth THat whereas the Wisdom of the King and this present Parliament has thought fit by two several solemn Acts and Letters Patent under the Great Seal of this Kingdom to establish our COMPANY with such Power Priviledges and Immunities as were thought needful to encourage any such New Undertaking in this Nation particulary to raise a Joynt-Stock in such manner as we should think fit And for that End to enfranchise such Foreigners as would become Partners with us and to enter into Treaties
of Commerce with any in Amity with His Majesty for that effect c. Those of our Number who were then intrusted with the Management thereof did think it most Natural to make the first Offer of sharing our said Priviledges with our Country-Men and other Neighbours in England as living under the same Monarchy And they not only readily embraced the Offer but in Nine Days time subscribed 300000 l. Sterl as the one half of the Capital-Stock then proposed and Actually payed in the first fourth part thereof part in Specie part in Bank-Notes and the rest in Notes payable upon demand That both Houses of the Parliament of England taking Umbrage at those Proceedings did not only joyntly Address His Majesty for frustrating the ends of the said Acts but the House of Commons did also appoint a Committee to Examine what Methods were taken for obtaining the said Acts of Parliament here for establishing our Company who were the Subscribers thereto and who were the Promoters and Advisers thereof with Power to send for Persons Papers and Records Pursuant to which the said Committee gave Orders to Summon not only the English Subscribers but even some Persons then Residing in Scotland as by the said Address Votes of the House of Commons and Copy of the said Summons may appear By all which together with some other Measures then taken our Friends in England were to our great Loss Disappointment and Retardment forced to relinquish c. That notwithstanding of that Discouragement not only most of the Nobility Gentry Merchants and the whole Body of the Royal Borrows have upon the Inducement and Publick Faith of the said Acts of Parliament and Letters Patent Contributed as Adventurers in raising a far more considerable Joynt-Stock than any was ever before raised 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 but we have also had all the Promising Hopes of Foreign Aid that our Hearts could wish especially at Hamburgh where the Merchants of that City entred into Contract with our Deputees to joyn at least 200000 l. Sterl with us till to our gaeat Surprize and Loss the English Ministers there did under Pretence of Special warrant from His Majesty put a Stop thereto by giving in a Memorial to the Senate of that City not only disowning the Authority of the said Acts of Parliament and Letters Patent but also Threatning both Senate and Inhabitants with the King 's outmost Displeasure if they should Countenance or Joyn with us in any Treaty of Trade or Commerce as by the annexed Copies thereof in French and English may appear which Memorial we humbly pray may for the better Information of Your Grace and Right Honourable Estates be also Read in Parliament That after the said Memorial was by the Senate transmitted to the Commercij or Body of Merchants of that City They to assert their own Freedom did Advise and Prevail upon our Deputees and Agent who were there for the time to open Books in the said Merchants Hall where for some days they sign'd considerable Sums pursuant to their said Contract tho' under Condition to be void if we should not procure some Declararation from the King that might render them secure from the Threatnings and other insinuations contained in the said Memorial And to our great Disappointment thus the Case stands in Suspense between them and us to this Day That as the reasonable nay and unquestionable Prospect which we had of a powerful Assistance from Hamburgh and several other places if not obstructed as aforesaid induced us to propose a far greater Equipage at first than otherwise we would have done So the rendering of these Measures abortive has not only weakn'd our Stock lessen'd our Credit retarded our first Expedition and disheartned many of our Partners at home but even also shackled our Resolutions and Power from prosecuting at present several other Branches of Foreign and Domestick Trades and Improvements which we had in veiw if we had not met with such Obstructions and Discouragements from Time to Time That tho' our Company is more immediatly and sensibly touched in many Respects by such Proceedings than any other Yet we humbly conceiving also that the Honour and Independency of the Nation as well as the Authority and Credit of the Parliament is struck at through our sides We could not as Country-men and in Duty to that Collective Power which gave our Company first a Being but inform His Grace His Majesty's High Commissioner and the Right Honourable the Estates of Parliament of the Premisses to the End that the Great Council of the Nation now assembled whom GOD Almighty Direct may do therein as they in their profound Wisdom and Discretion shall think fit That as to what thereof concerns our Company in Particular we shall humbly beg leave to to Suggest further That our Ships being now at Sea on their intended Voyage the former Treatment which our Company met with in England and else where may give us too just grounds to suspect that if either through Multiplicity of publick Affairs or otherways howsoever Your Grace and Right Honourable Estates of Parliament should neglect the taking present Notice of such Usage the Enemies of our Company would be thereby encouraged either directly or indirectly to pursue their former designs of Ruining if possible all our Measures May it therefore please Your Grace and the Right Honourable the Estates of Parliament to take the Premisses into your most serious Consideration to vindicat our Company 's Reputation Abroad by supporting the Credit of the Acts of Parliament and Letters Patent by which the same is Established and wherein the Honour of the Nation is so much concerned to take effectual Measures as the said Act provides for repairing the great Loss and Damages which we have already sustained through the unwarantable Treatment above-mentioned as well as for preventing the like for the future withal to continue to us the Priviledges and Exemptions mentioned in the said Acts of Parliament and Letters Patent for some longer time in consideration of the time already elapsed without Execution and our Stock lying dead without Improvement by reason of the Obstructions aforesaid Sign'd at Edinburgh the 22 day of July 1698. in Name and Presence of the said Council-General by Basil Hamitlton I.P.C.G. The Parliament's Address to His Majesty WE your Majesty's most Loyal and Faithful Subjects The Noblemen Barons and Burgesses conveened in Parliament humbly represent to your Majesty That having considered a Representation made to us by the Council-General of the Company Trading to Africa and the Indies making mention of several Obstructions they have met with in the Prosecution of their Trade particularly by a Memorial presented to the Senate of Hamburgh by your Majesty's Residents in that City tending to lessen the Credit of the Rights and Priviledges granted to the said Company by an Act of this
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
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
Settlement so much as once set a foot upon that Plot of Ground wherein our Colony is now fix'd And tho the same was altogether uninhabited when our People came there the chief Men and Leaders of the Natives of that part of the Coast nearest adjoining to Golden Island East-ward and Westward have not only treated with the Council of our Colony before Landing but have also in pursuance of that Treaty in a most kind and friendly manner admitted our said Colony into such Places of their Neighbourhood as are not yet possessed and taken Commissions from the said Council in a very solemn manner and joined with our People And that in consideration of our Colony's admiting them and their followers to participate of the Liberties and Priviledges granted to our Company by his Majesty of Great Britain OUR SOVERAIGN LORD with Advice and consent of his Parliament of Scotland entreating to be protected accordingly We repeat these Words as being the express Words of the first Commission which the said Council granted As to the French Designs of setling thereabouts it is a Point not to be doubted of For in order thereunto they have already been tampering with several of the Natives some of whom they endeavour'd to have carried into France and we have very good reason to believe that a further Progress had been made in that matter before now were it not the daily Expectations which that Court had of the King of Spains Death which we humbly conceive is a Matter worthy of his Majesty's consideration and of no small concern to the interest of his whole Dominions tho this Nation and our Company may seem to be more immediatly interested at present Your Lordship sees we have in the inclosed Letter to the King made mention of our last Petition and hope your Lordship will take a convenient Opportunity to back the same For as your Lordship knows we have already suffered considerably by encroaching upon our Priviledges so we ought to be very careful as much as in us lies not to admit of any dangerous Precedents And really we must say We were very much surpriz'd the other day when we understood by Letters from the Council of our Colony that Capt. Long Commander of the Rupert Prize who carries his Majesty's Commission for finding out and fishing of Wrecks should under the colour of that Commission wherever he went traduce our Undertaking and Colony to all sorts of People upon that Coast whether Natives or others declaring that our said Colony was no other than a pack of Rogues Vagabounds Robbers and broken Officers without any Commission and that the King would not own them nay further he himself came into our Harbour where he was very courteously and respectfully treated by all our People there in recompence of which he very ingratefully made it his study all the while to seduce our Men and did carry off one of our chief Carpenters which is a very considerable Loss in that part of the World and in the Infancy of our Settlement considering how necessary a Man he was and the Difficulty of supplying his Place so quickly as they may have occasion for him This kind of Usage is really so provocking that we cannot suppose but that the King may be graciously pleased to interpose his Royal Authority for preventing the like Usage in time to come if his Majesty were duely informed thereof So in the confidence of his Majesty's gracious Countenance and Protection and your Lordship 's hearty Endeavours to procure the same this is by Order of the Council-General and in Name Presence and by Warrant of the Court of Directors of our Company Signed by Edinburgh 1st day of April 1699. To the right Honourable the Lord Carmichael Secretary of State My Lord Your Lordship 's most obedient and most humble Servant J. Haldane P. Memorandum There was another Letter to the same purpose written to the Viscount of Seafield with an inclosed Copy of the said Letter to the King A Memorial given in to the King of Great Britain by the Ambassador Extraordinary of Spain against the Scots Settlement at Darien THe Subscriber Ambassador Extraordinary from His Catholick Majesty finds himself obliged by express orders to represent to your Majesty that the King his Master having receivyed Information from different places and last of all from the Governour of Havana of the Insult and attempt of some Scots Ships equipt with Men and other things requisite who design to settle themselves in His Majesty's Soveraign Demains in America and particularly the Province of Darien His Majesty received those Advices with very much discontent and looks upon the same as a token of small friendship as a rupture of the Alliance between the two Crowns which His Majesty hath observed hitherto and always observes very religiously and from which so many Advantages and Profites have resulted both to your Majesty and your Subjects As a consequence of which correspondence His Majesty did not expect such sudden insults and attempts by your Majesty's Subjects and that too in a time of Peace without pretext or any cause in the very heart of his Demains All that the King desires is that this may be represented to your Majesty and that your Majesty may he acquainted that he is very sensible of such Hostilities and unjust procedures against which His Majesty will take such measures as he thinks convenient Given at London the 13 â— day of May 1699. The Three following Memorials were presented to His Majesty in May 1699. by the Lord President of the Session and Lord Advocat on behalf of the Company of Scotland Trading to Africa and the Indies asserting the Legality of their Settlement in Darien 1st MEMORIAL THe Establishment of the Company of Scotland Trading to Africa and the Indies was first prepared by an Act of Parliament 1693. Inviting and Encouraging Persons in General to enter into Societies and Companies for carrying on a Trade to whatsoever Kingdoms Countrie or parts of the World not being in War with His Majesty and thereafter perfected by the Act of Parliament 1695 and a Charter thereon under the Great Seal whereby the said Company was fully Settled with all the Powers Priviledges and Immunities in use to be granted in such cases and particularly with Power to plant Colonies and build Cities Towns and Forts in Asia Africa or America upon Places not Inhabited or upon any other Place by Consent of the Natives and Inhabitants thereof and not possess'd by any European Prince or State The Settling of this Company was so acceptable to the whole Kingdom abounding always with Men and of late Years very desirous to enlarge Trade and Commerce That the Company 's Books being once opened Subscriptions for a vast Sum were compleated long before the Day prefix'd by the Act of Parliament and there were few Persons or Families of any Account within the Kingdom who were not therein particularly concerned But tho' the Subscriptions were soon compleated and
have Written on this Subject It appears to be beyond Controversy That the Company having Settled with the Consent of these Dariens must have the same Right with the same Priviledges and Freedom of Trade which the Dariens had and that both are equally free from all the Spanish Pretensions It is a known Case that an English Man one Sharp having join'd with the Dariens against the Spaniards invaded their Territories he was accused by the Spaniards in England as guilty of Robbery and Piracy but was acquitted because he acted by Commission from one of the Darien Princes which is an undeniable Evidence that this Prince and his Countrey were judged to be independent on the Spaniards The Spaniards may also have wrought Mines of Gold and Silver within the Isthmus but no such possession can support their Complaint The nearest possession of Mines that they can pretend was in Captain Diego's Country on the Gulf of Darien more than 15 Leagues distant from the Company 's Settlement Neither did the Spaniard get these Mines by Conquest or Purchase but by a plain stipulate Permission from Captain Diego and his people which changed not the Property And upon Breach of Conditions the Spaniards were quickly cast out so that when the Company came to settle on the Isthmus it was fully cleared of the Spaniards all their pretences Carthagena Portobello and Panama are adjacent to and do in a manner environ the Isthmus of Darien But that this Vicinity gives to the Spaniards no Claim of Right is evident from many Instances Tangier Cheuta and Mamora ly in the Bosom of the Empire of Moroceo and yet belong to European Princes The English and French have Neighbouring Settlements upon the River Gambo in Africk and all along the Coast of Africk the English and other European Princes have their Settlements intermixed and contiguous where they Trade with all Freedom without any mutual Impeachment The English and French have both Plantations upon the Island of Newfoundland and the Dutch in time of Peace settled upon Long Island and the adjacent Countrey environed on all hands by the English Plantations and yet no War ensued but the Dutch continued their possession till the Exchange was made for Suranam The Spanish Fleets do necessarly pass betwixt the Cape of Florida belonging to the Spaniards and the Bahama Islands yet the English possess themselves of the said Islands and have also several times settled at Port-Royal in the bottom of the Bay of Campiechy in the Gulf of Mexico for cutting of Logwood and have thence removed and settled again at their pleasure The French have also endeavoured to settle in the Bay of Mexico and lately and more closely in the Samblas Islands on the Coast of Darien They likewise settled a Colony in Petitguavis in Hispaniola and in Guiana on the Continent notwithstanding of the Vicinity of the Spaniards The Dutch and Portuguese have their Respective Plantations on the Coast of Brasil to which the Spaniards pretend Right as well as to the Isthmus of Darien such as the Islands of Curasao and Bowane near to Carthagena on the East and Suranam and others upon the Continent and yet never quarrelled It is granted that the Spaniards in their excessive Jealousie and upon the Pretext that by Treaties none were to Trade in their Ports or Harbours such as Carthagena and Porto-bello without their Licence have seized and made prize of the Ships that they have found upon the Coast betwixt the said Places But first they did this upon pretext of the said Treaties Secondly Injury and Violence make no Right And thirdly it is most certain when the Spaniards have been overcomeand beat off in such Attempts and forced to suffer both Dutch and English to cut Logwood on that Coast yet the Spaniards did never complain of any Violation of Right as knowing perfectly they had none as may be seen in Dampier Water and other writers The Spaniards at first endeavoured to amuse the World with the Popes Gift of the West-Indies and after the King of Spain's becoming King of Portugal and in the Right of that Crown claiming the Benefit of the Popes Gift of the East-Indies he assumed the Magnifick Title of Indiarum Rex Yet he was never able to make good his Right or exclude others by these empty Names but in all Competitions the Pretentions of Spain did either resolve in Occupation of what was void or surrendered or conquest of what was possess'd by Natives and that Title was never much regarded either by Spain Portugal or any other Prince Popish or Protestant The second Head which may be pleaded for the Spaniard is the Treaties that have been betwixt the Crowns of England and Spain But 1mo Granting that the Kingdom of Scotland will never disown any Treaty betwixt their King whom GOD long preserve and prosper may be concerned where are these Treaties that exclude either the Scots or English from possessing Darien if not inhabited or where Inhabited with consent of the Inhabitants If the Spaniard propone upon these Treaties they must produce them 2do All to be found in the latter Treaties betwixt the said Crowns such as the Treatie 1667 and the Treatie 1670 which may be understood to be the only Regulating Treaties in this Matter is that in the former The King of Spain obliges himself not to molest the King of England or his Subjects in their Plantations in America these particulars enumerated not by way of Exception but because some of them had been contraverted And that in the other Treaty 1670 It is agreed in the 7th Article That the King of Great Brittain and His Heirs and Successors shall have hold and possess with full Right of Empire Property and Possession all Lands Regions Isles Colonies and Lordships situated in the West-Indies or any part of America which his said Majesty or his Subjects did then hold or possess So that no contraversie on any pretence was thereafter to be moved on that Subject And in the eight Article That the Subjects of the said King should abstain from all Commerce and Navigation in the Ports and Places having Forts Castles or Staples for Merchandise possessed by either of them To wit That the Subjects of Great Brittain should not Trade nor Sail to the Ports nor Places which the King of Spain hath in the VVest-Indies nor the Subjects of the King of Spain Trade nor Sail to the Places which the King of Great Brittain there possesses without Licence given hincinde in the Terms therein set down By which it plainly appears that all agreed to was and is That the Kings and their Subjects respectively should forbear Injuries as likewise to Trade and Navigate without Licence in the Ports Castles and Staples to either of them belonging which can no ways exclude the King of Great Brittain and his Subjects from Trading or making new Plantations in to such Places in America as either are not inhabited or where the King of Spain hath no Right
The Spaniard may positively pretend that the Treaties provided to the King of England and his Subjects of certain particular Places and generally what they then possess'd in the West Indies may be construed an Exception and import as it were an Acknowledgement that the rest of the West Indies did belong to the Crown of Spain But 1mo The Places provided to the King of England and his Subjects are only enumerate for the greater Caution and Security because some of them had been taken from the King of Spain and thereupon contraverted And 2do It is evident by the foresaid eight Articles the Reserve of Trade is equally and mutually provided and restricted to the King of Great Brittain and the King of Spain their respective Possessions so that nothing can be elicite from these Treaties to give the King of Spain the Right to the whole West Indies excepting the foresaid places possessed by the King of England nor to ty up the King of Brittain and his Subjects from making new lawful Acquisitions in these Parts But it is agreed to That they should secure the one the other in their respective Possessions And thus these Treaties have been always understood nor have they hindred the English to enlarge their Possessions inthe West Indies upon just Occasions which certainly belongs as much if not more to the Scots 2d MEMORIAL By the same THe Company of Scotland Trading to Africa and the Indies having by the other Memorial endeavoured to clear the Justice of their Proceedings as to their Settling a Plantation in the Isthmus of Darien in America do further in all Humility Represent 1mo That there was never any Enterprize of a more National Concern than the foresaid Plantation is to the Kingdom of Scotland the Erecting and Establishing of the said Company was the Unanimous Desire and Satisfaction of the Nation all Persons almost and Families of any Consideration did readily subscribe for and advance considerable Sums for carrying on the Designs of the Company much above what could have been expected The Success the Company hath had in overcoming Difficulties and fixing upon a Place that appears so advantageous to Trade and Commerce hath likewise raised the Expectation and Desire of its Continuance and Prosperity to a far higher Degree than ever was known in any Business of this Nature And Lastly it is most certain That nothing could be more Grievous and Afflicting to the whole Nation without Exception than that this Undertaking so far and so happily advanced should meet with the least Discouragement especially from such whose Countenance and Assistance is so earnestly craved 2do It appears from the whole Circumstances of this Affair That the English Nation can have no Prejudice but rather Advantage by the foresaid Undertaking For First If it shall be profitable the Profit evidently redounds to their Fellow Subjects and good Neighbours Secondly The English have free Access to come in and partake of the Profit when they please Thirdly The Product of the Place is probably like to consist neither of Tobacco nor Suggars the great Commodities of the English Plantations but of such Goods and Commodities as the English do not afford Fourthly It is true That by the Act of Parliament and Patent of the Company all Ships imployed by the Company are to return to the Kingdom of Scotland with their Effects But it is as true That the said Act and Patent did bear the Liberty and Priviledge of a Free Port and Mercat for all Strangers that shall be pleased to Trade with them who are not under the foresaid Obligation but may come and go with their Return whether they please which cannot but be of Advantage to the whole English Plantations as to a Free Course of Trade Fifthly It is likeways granted That by the foresaid Act of Parliament the Ships Goods and Effects whatsoever belonging to the said Company are declared free of all Customs and other Duties for the space of 21 Years but then four of the said Years are already run and this small Encouragement was needful to begin so great a Work whereof probably the Profit can little more than equal the Expenses for all that space And besides the Duties of Tobacco and Sugar not of the Growth of the said Plantation are excepted and not discharged And also it is evident That if the Plantation prosper the foresaid short Discharge of Customs and other Duties will be richly compensed by the great Increase of Trade and consequently of His Majesties Customs that may for thereafter be thence expected And Sixthly The Company and Plantation cannot reasonably threaten any Diminution of His Majesties Customs in England but on the contrary this Plantation promising a new Trade far different from the Trade of all the English Plantations and offering to all the Liberty of a Free Port must rather increase the Trade of England both to the King and Subjects Advantage As for the Objection That the Company by the Immunity they have from Customs and Duties may Import and then as freely Export and so undersell any other Nation during that Immunity It s Answered That the Company in England have almost the same Priviledge since if they please to Export after their Return from the Plantations they are allowed to do it freely with a full Draw-back excepting only 3 or 4 per Cent. 3tio It is with Submission Represented That in all Appearance if the Company of Scotland had not seized the foresaid Post in Darien the French had certainly taken it And now that it is discovered to be so advantageous for Trade it is not to be doubted but that the French who shew such Earnestness to have the Scots excluded will certainly if any such thing should happen possess themselves of it not only to the Hurt of the English Plantations but to the far greater Prejudice if not the Ruin of the Spaniards Interest in the Indies And therefore All things truly and justly considered it is hoped that not only the English will become more and more favourable to so good a Design but that even the Spanish will the more easily acquiesce to Reason and Justice that they see a more Powerful Competitor ready to catch hold of an Advantage that cannot be so safe for them in the Hands of any other Nation as in the Possession of the foresaid Company 3d. MEMORIAL By the same THe Company of Scotland Trading to Africa and the Indies being endued with very ample Priviledges hath settled a Colony at Darien a Countrey very fit and proper for that purpose not only for the Richness of the Soil and Mines but likeways by its Situation for Trade The Spaniards have the most considerable Interest and Plantations in America and are not willing that any other Nation or People should have share of the Advantages and Benefits they draw from thence which is not Singular in the present Case because they have ever withstood all Planters either upon the Continent or American Islands by Acts
of Our Privy Council Messengers at Arms Our Sheriffs in that Part Conjunctly and Severally Specially Constitute Greeting Forasmuch as We by our Letter under our Royal hand dated at Kensingtoun the Twelfth of December instant have signified to the Lords of Our Privy Council That whereas we are informed that notwithstanding of Our Answer to the late Petition of the Council-General of the Company of that our Kingdom Trading to Africa and the Indies which we think ought to have given intire Satisfaction to all our Good Subjects Yet there is on foot a Design of Addressing Us of New on the same heads carryed on after such a manner with so little respect to our Government gives us too just Grounds to apprehend the Consequences that We have never hitherto denyed Our Subjects their Priviledges nor will We discourage the Liberty of Petitioning when the same is done in an Orderly manner but that we having fully declared our Mind as to the Subject of the last Address We cannot but take particular Notice of that unusual Method that is taken to procure Subscriptions to a new one and that some Persons who signalize themselves in carrying on the same have given no Evidence of their Affection to Our Government And make it their Indeavour to lodge the late misfortune of the Company on Proclamations emitted in the West Indies tho they cannot but be sensible that the same did proceed from other Causes And being convinced that such Practises may tend to Alienate from Us the Hearts of our good Subjects that it is necessary for the Support of Our Government and preserving the publick Peace of the Nation that they be discouraged and prevented We did therefore Recommend to the saids Lords of Our Privy Council to signify and and make known our Displeasure and Dis-satisfaction with such proceedings and to take the most effectual Methods consistent with Law for Discouraging the same and for preventing these that are well inclined to Our Government from Joyning with them OUR WILL IS HEREFORE And We Charge you strictly and Command that Incontinent these our Letters seen ye pass to the Mercat Cross of Edinburgh and Remanent Mercat Crosses of the whole head Burghs of the several Shires and Stewartries within this Kingdom thereat in our Name and Authority by open Proclamation make Intimation of the Premisses that none pretend Ignorance and ordains Our Solicitor to transmitt Coppies to the Sheriffs Stewarts and their Clerks for that effect and Ordanis these presents to be Printed Given under our Signet at Edinburgh the Eighteenth day of December and of Our Reign the Eleventh Tear 1699. Ex deliheratione Dominorum Secreti Concilii GILB ELIOT Cls. Sti. Concilii God save the King Here followes the first National Address or Petition mention'd in the foregoing Proclamation May it please your Majesty VVE the several Subscribing Nohlemen Barons and Gentlemen of this Your Majesty's Kingdom of SCOTLAND being deeply Affected with the present hard Circumstances of the Indian and African Company both Abroad and at Home as being of Universal Concern to the whole Nation And your Majesty having been pleased by your Royal Answer to the Council-General of the said Company 's late Petition to signify That your Majesty does very much Regret the Loss which this Kingdom and the Company has late-sustained That upon all occasions Your Majesty will Protect and Encourage the Trade of the Nation and that Your Majesty will order the Parliament to Meet when you judge that the Good of the Nation does require it We are thereby Encouraged in most Dutiful and Humble manner to represent to your Majesty That as the Estates of Parliament and this Nation which they Represent have a Peculiar Interest in the Concerns of the said Company as is particularly manifested in their Unanimous Address of the 5th of August 1698. to Your Majesty So we humbly conceive nothing can be so Conducible to support the Interest and Credit of the said Company under its present Misfortunes as a Meeting of the said Estates in Parliament and that the Good of the Nation can at no time require their Metting more than at present As not doubting but that under the Influences of Your Majesty's Favour and Protection together with the Assistance which may be reasonably expected from your said Parliament The said Company may be enabled to prosecute their Undertakings with greater Assurance and better Success than hither to they could have done under the many Stops and Difficulties which they met with from time to time We do therefore in all Humble Duty most earnestly Entreat and most assuredly Expect that Your Majesty will in Your Royal Wisdom and Fatherly Care for the Good of this Nation be Graciously pleased to order your said Parliament to Meet as soon as possible which We doubt not will tend to the Honour of your Majest and the General Good and Satisfaction of the Nation and particularly of May it please your Majesty Your Majesty 's most Loyal most Dutiful and most humble Subjects and Servants This Address was presented to His Majesty at Kensington the 25th day of March 1700. By the Right Honourable the Marques of Tweeddale Sir John Home of Blakader Baronet John Haldan of Gleneagles and Patrick Murray of Livingston Barons Commissiners appointed for that end Upon the presenting of this Address one of the abovenamed Commissioners signifyed to the King that it was hoped His Majesty would be pleased to look upon it not only as a Petition for allowing the Parliament to sit but likewise as a Testimony of the Nations concern for the interest of the Indian and African Company To which His Majesty was Graciously pleased to Answer That that would be best known in Parliament and that the Parliament could not sitt before the 14th of May then next ensuing hut that it would sitt then Or in Words to that effect To His Grace His Majesty's High Commismisioner and the Right Honourable the Estates of Parliament The Humble Representation and Petition of the Council-General of the Company of Scotland Trading to Africa and the Indies May it please your Grace and Right Honourable Estates IT is evident by the whole Strain of Three several Acts of Parliament together with His Majesty's Letters Patent under the Great Seal of this Kingdom in favours of the said Company That the Wisdom of the King and Right Honourable Estates did intend that all such Advantages as might arise by the establishing of such a Company should be of as universally a National Concern as possible And in order thereunto were pleased to endow it with large Priviledges and Immunities suteable to the Circumstances of an Infant-Company and the Greatness of its Designs And lest that it should fail in the Execution for want of a sufficient Stock to carry on such an Undertaking all imaginable Parliamentary Encouragement was given to Persons of all Ranks Ages and Sexes both within and without the Kingdom whether Natives or Foreigners to become Partners and
Adventurers in the Joynt-Stock of the said Company as is singularly manifest by the 42d Act of the 5th Session of this current Parliament especially calculated for that end only Upon the publick Faith of having due Protection in the enjoyment of these unquestionable Priviledges and Immunities as having received their Sanction from His Majesty and the unanimous Suffrage of the great Council of the Nation as aforesaid many Persons of all Ranks and Degrees were thereby induced to become Adventurers in the Joynt-Stock of our said Company in in so much that in a very short time a much more considerable Stock was subscrib'd for within this Kingdom than was ever before so much as propos'd here upon any project whatsoever since we were a Nation Being thus entred into a Society We and our Constituents have pursuant to the intentions of the Acts of Parliament and Letters Patent above-mention'd with much care and trouble and a great Expense of Treasure after having struggled with many unexpected Obstructions and Difficulties setled a Plantation by the Name of Caledonia in one of the most Healthful Fruitfull naturally impregnable and every way valuable Places in all America as is universally acknowledged by all Per'ons of Experience in such Matters as well as by the General Consent of such as have been there And as a manifest proof thereof tho our said Plantation be settled most strictly in the terms of the Acts of Parliament and Letters Patent abovementioned yet it has raised the Jealousy of some and Envy of others of the most knowing and considerable Trading Nations in Europe But to our and the Nations great Surprise and inestimable Loss while we were using all ordinary means and big with the hopes of riveting that Settlement upon a lasting Foundation such was the further continued Chain of unexpected Obstructions and most unaccountable Mal-treatments that we met with by Proclamations of a very strange Nature and otherwise that the repeated Misfortunes following thereupon put us under an indispensible Necessity of humbly petitioning His Majesty for allowing the Parliament to meet at the day appointed in November last in full confidence and Expectation of having the most natural and cordial Assistance from those who have first established our Company and promised it Protection especially since all our other Applications have hitherto proved ineffectual But a meeting of the Estates of Parliament at that time not quadrating it would seem with His Majesty's other Affairs a very considerable Body of the Nobility Gentry and Burgesses of this Kingdom thought fit in a most dutiful and humble manner by their late Address to represent to His Majesty how deeply they were affected with the Nations concern in our Company 's repeated Misfortunes and therefore humbly Petitioned for the sitting of this Parliament as soon as conveniently might be And the King having been most graciously pleased to order the Meeting of the Right Honourable Estates now in Parliament We think our selves in all duty bound to give His Grace His Majesty's High Commissioner and the Right Honourable the Estates a short and naked Narrative of the several Obstructions and Misfortunes that we have been all along forc'd to grapple with in the prosecution of our Company 's Designs to the end that the great Council of the Nation having a perfect View and full Knowledge of these Difficulties which we now Labour under may be the better able to judge how to apply a Remedy The first attempt for strengthning our Company 's Interest and Stock was at London where a Subscription of 300000 sterl was procured in Nine days time without so much as a publick Advertisement and many knowing Merchants were so far convinc'd of the many Advantages that might probably arise from such a Constitution that they signified their willingness to be concerned for Triple the Sum if allowed But not only did the Parliament of England by their Address to His Majesty of the 13th of December 1695. and otherways render that Subscription ineffectual but the House of Commons did also appoint a Committee to examine what Methods were taken for obtaining the Act of Parliament by which our said Company is established who were the Promoters and Advisers thereof and did afterwards impeach the Nominees in the said Act of Parliament notwithstanding the absolute Independency of this Kingdom Yet after all this Discouragement we went on with our Subscriptions at home and made our next Effort for strengthning thereof beyond Sea both in Holland and Hamburgh In the first of which places many eminent Merchants declared their positive inclinations to be very considerably interested with us and gave some signal Proofs thereof till they were made to understand by Threatnings and other Insinuations that a Higher Power would make them at least very uneasy if they persisted any further in their Resolutions of being concerned with our Company And at Hamburgh where we had the most promising Hopes of foreign Assistance the Comercii or Merchant Company entred into Contract with our Company 's Deputees to joyn at least 200000 l. Sterl to our Company 's Stock but to our great Astonishment His Majesty of Great Brittains Ministers there did under pretence of special Warrant from the King put a full stop thereto by giving in A Memorial to the Burgo-Masters Gentlemen-Councellors of that City wholly dis-owning the Authority of the Acts of Parliament and Letters Patent abovemention'd intimating that His Majesty would regard their entring into Treaties with our Company as an Affront to his Royal Authority and that he would not fail to resent it as having neither Credential Letters nor being any otherways Authoriz'd by His Majrsty Upon notice whereof we did in all humble Duty Address His Majesty in June 1997 for Redress of that open and bold Encroachment upon not only our but also the Nations Rights in its most fundamental Constitution by endeavouring to subvert the Independency of its Parliamentary Laws expresly contrary to the Law of Nations All which His Majesty by his Royal Letter from Flanders in July 1697 Promised to take into Consideration as soon as he would return into England and that in the mean time His Majesty would give Orders to his Ministers at Hamburgh not to obstruct our Company in the prosecution of its Trade with the Inhabitants of that City In the full Confidence of His Majesty's Royal Promise we thought our selves secure and took our Measures accordingly till to our further surprize we found by several Instances that His Majesty's said Ministers were as wickedly bent against us as ever and still denying that they had got any such Orders from His Majesty Whereupon the Directors of our Company did by their Letter of the 28 of September 1697 expostulate in the first place with both the then Secretaries of State about that further Dis-appointment but having still no Redress therein we did in most humble and dutiful Manner by our second Address of the 22d day of December 1697. lay the whole Matter again
before His Majesty And did likewise at the same time not only humbly Represent the Premisses to His Majesty's most Honourable Privy-Council together with the train of ill Consequences that must necessarly attend such Treatment if not prevented by an early Redress but wrote also separately to both the Secretaries of State and such other Noble Persons of the Government as happen'd to be then at London To use their Joint Interest for procuring Justice in a Matter of such Universal Concern to the Honour Interest and Independency of the whole Kingdom All the Answer we obtain'd was by a Letter of the 17th of January 1698 from both the Secretaries of State That the King said He had already given Orders to His Resident at Hamburgh in that Matter conform to his Royal Letter from Flanders in July 1697 which was then communicated to the Company By which Answer together with what repeated Advices we had at the same time from Hamburgh that the English Ministers there had still positively disown'd their having got any such Orders we were put out of all Hopes of having any Redress untill we should have an Opportunity of laying the whole Matter before a Meeting of the Estates of Parliament But in the mean time we proceeded with all the Strength we had tho' extremely weak'ned by the Treatment above-narrated to make the best Preparations we could considering the Scarcity of these Years for sitting out an Equipage of Ships Men Provisions and other Necessaries for settling a Plantation in America in the Terms of the Acts of Parliament and Letters Patent above-mention'd And its evident by the very Constitutions of the Colony that they were calculated more for the general Advantage of the Nation and Posterity than for the particular and immediate Benefite of the Adventurers And the Parliament happening to meet the very next Day after our Ships had sail'd we did by our Humble Petition of the 22d of July 1698 Represent to his Grace His Majesties then High Commissioner and the Right Honourable Estates then assembled in Parliament the Treatment which our Company met with at London Hamhurgh as aforesaid the great Prejudices which we had sustain'd thereby and the many further Inconveniencies and evil Consequences that must necessarly have followed thereupon if upon any Account whatsoever the Parliament should happen to neglect the taking immediate Cognizance of such Usage And the Parliament having thereupon by their Unanimous Address of the 5th of August 1698 to His Majesty thought fit to manifest their own and the whole Nations Concern in that Matter earnestly entreating and most assuredly expecting That His Majesty would in His Royal Wisdom take such Measures as might effectually vindicate the Undoubted Rights and Priviledges of the said Company and support the Credit and interest thereof And the Parliament likewise by the same Address recommending the Concerns of the said Company to some special Marks of His Majesties Royal Favour as that Branch of the Trade of this Kingdom in which they and the Nation they represented had a more peculiar Interest The Court of Directors of our Company were thereby encourag'd to renew their Application to His Majesty with relation to the Memorial given in by His Ministers to the Senate of Hamburgh the same being specially mention'd in the Parliaments Address And in Consideration of the Dammages sustain'd by the Company through Means of that Memorial the Directors humbly Petition'd That His Majesty would be pleased for their Encouragement at that time as a Gracious Mark of His Royal Favour to bestow upon them the two smallest of the Frigots then and to this Hour lying useless in Bruntisland Harbour But our Company having no manner of Answer to either of these and being assured by several Letters from Hamburgh That both the English Ministers there had positively denyed their having received any such Orders as were long before promised and declared to have been given with Relation to that Memorial the Court of Directors of our Company did by their Letter of the 29th of November 1698 transmit Copies of the said Letters to the Viscount of Seafield then sole Secretary of State and entreated his Lordship to procure some speedy and effectual Answer from His Majesty to the Contents of both that Letter and their former Petition The Secretary by his Letter of the 13th of December 1698 returned for Answet That he would take the first convenient Opportunity he could have to represent that Matter to the King but that he could not expect to have it for some time because His Majesty was then very much imployed in the Affairs of his English Parliament We thereupon waited a full Month in expectation of some further Answer but getting none our Court of Directors did by a Letter of the 13th of January 1699 put the Secretary again in mind of our said Petition of the preceeding August and Letter of the 29th of November The Secretary by his Letter of the 7th of February 1699 signified That he had presented our Company 's Petition to His Majesty and was commanded to let us know that there being Accounts that the Ships belonging to the Company were arriv'd upon the Coast of America and the particular Design not being communicated to His Majesty He therefore delayed to give any Answer until he should receive certain Information of their Settlement Tho' we could not but be surpriz'd to find all our former Addresses and Petitions about Matters of such weighty Concern as are above narrated Answered after so long delay only with a seeming Charge for not having communicated to His Majesty a thing that was never in the least demanded of us by either the King Parliament Privy Council or Ministers of State we being limited to settle in the Terms of the Acts of Parliament as we should be Answerable Yet upon the very first Advice we had of our Colony's Settlement in Caledonia we by our Letters of the 31st of March and 1st of April 1699 gave a very full and dutiful Account thereof to His Majesty and to both the Secretaries of State together with an Account of the French Designs thereabouts and of what Import our said Settlement if duly protected might prove to the Interest and Security of all His Majesties Dominions and referred the same together with the Contents of our former Petitions to His Majesties Royal Consideration About this time it was That His Majesty was pleased to call the President of the Session and the Advocat to Court to the end as we understood that they jointly with both the Secretaries of State might in a Conference with several of the English Ministers satisfy His Majesty as to the Legality of our Company 's Settlement Which by all that ever we could learn was then and otherways since that time made clear beyond all manner of Dispute But while in the mean time we were pawning even our own particular Credits for sending the needful Supplies of Ships Men Provisions Arms Ammunition and other
Necessaries for securing so valuable a Settlement to this Nation we were astonished to have Advice That by Orders from England in January 1699 Proclamations had been emitted in the Months of April and May over all His Majesties Plantations and Territories in America strictly Intercommuning our Colony under very severe Penalties to be inflicted on the Contraveeners of these Proclamations in regard His Majesty as these Proclamations narrate was unacquainted with the Intentions and Designs of the Scots settling at Darien As we humbly considered these Proclamations to be such as were never before published in those parts against any other People upon Earth and of so Barbarous a Nature as we thought no Good Christians would put in Execution even against Infidels So finding ourselves unquestionably warranted by all Laws Humane and Divine we persisted in our Endeavours for mantaining that Settlement as hoping that through means thereof this Nation might in time have an Opportunity of raising it self above the open Contempt Reproach and Insults of its unkind Neighbours and of propagating the Gospel amongst the Ignorant good Natur'd Indians of those parts But before our Recruits could possibly arrive at Caledonia our Colony got certain Accounts of these Proclamations and finding at the same time the sad effects thereof by being denied any the least help either for Goods or Money at Jamaica from whence they had formerly Supplies and that in the Proclamation issued by Sir William Beston Governour of that Island he had positively declared That by their Settlement in Darien they had actually broken the Peace entred into with His Majesties Allies which they believed he durst not veuture to have done without a sufficient Warrant And finding themselves thereby to be of consequence declared Pirates without any previous Summons or Hearing contrary to the Customs and common Usage of all Nations even in the case of real Piracy and founding a Belief at the same time on the Treatment which they knew our Company had formerly met with in Europe without being Redress'd therein that we were not in a Condition either to supply or protect them they unhappily took the Alarm under such a General Consternation as devested them not only of all manner of patience to struggle with any Inconveniencies they lay under at the time but also of all manner of prudence in taking any reasonable Measures either for their own Security or for our Company 's interest In the midst of which Consusion those of them who had any bad Designs as we could not well suppose such a Number to be free of some made use of these Proclamations as handies by which to perpetrate their own several ends and easily perswaded all the rest to leave the Settlement Which they unadvisedly did the 20th of June last And by that means not only have the Ships Men and Goods which were there at that time been exposed to the Arbitrary will of those to whom the Execution of those Proclamations was given in Charge but even all our subsequent Measures brought into inevitable disorder Upon Information of all which we did by our humble Petition to His Majesty of the 19th of October 1699 in all humility and earnestness beg That His Majesty would in His Fatherly care for the good of our Company in particular and of the Nation in General be graciously pleased to give special Testimonies of his Majesty's Royal Protection to our Company at that Juncture and particularly to take off the Force and effect of those Proclamations which have been so prejudicial to us and to signify his Royal pleasure to the Governours of his Plantations in America that our Colony might be supplied in the common and ordinary way of Commerce as those of other Nations are And that in the mean time His Majesty would be graciously pleased to allow the Estates of Parliament to meet at the day appointed in November last or as soon as conveniently may be to the end that their Advice and Assistance might be had in such a weighty and General Concern We likewise by our humble Address to His Majesty's most Honourable Privy Council of the 20th of October 1699. Represented what we thought in duty and prudence necessary with relation to the Contents of our said Petition to his Majesty Humbly referring the whole to their Lordships most serious consideration and praying that they would be pleased to do us all the good Offices with his Majesty that they 'd think most expedient for supporting our Company and Colonys Interest and to give him an account of our Company 's hard Circumstances and how much the Honour and Interest of the Nation stood concern'd therein His Majesty was graciously pleased by His Royal Letter to us of the 2d of November 1699 to declare that He did very much regret the Loss which the Kingdom and the Company had lately sustain'd That he would upon all occasions protect and encourage the Trade of the Nation That he would take care that His Subjects of this Kingdom should have the same freedom of Trade and Commerce with his English Plantations that ever they had formerly and that he would order the Parliament to meet when he 'd judge that the Good of the Nation would require it But in some short time thereafter while we were solacing our selves with the hopes of having his Majesty's protection not only as a Company established by his Royal Authority with the Advice and Consent of Parliament but also as Subjects making all the Preparations we could to send the needful Supplies and Advices to those who were last sent for Repossessing the same Settlement We were further astonished to have Advices that by second Orders from England another Fleece of Proclamations had been emitted over all the English Plantations in America particularly on the 5th of September last in Barhados c. And that in complyance with the intent of these Proclamations Our People that went along with the Rising-Sun were in November last positively denied Wood and Water at Monserat a Priviledge never before denied to any other Nation And by a Letter of the 29th of January last from the Commander of another of our Company 's Ships we are assured that they were positively denied Anchoring at St Christophers by the Governour Colonel Norton who out of his own Mouth declared to the Commander of our said Ship That he did it by new Orders which he had received about a Month before altho at the same time two Dutch Ships were then Watering there which we have since confirmed to us by Letters from Mr. Daniel Mackay one of the Councellours of our Colony dated at Port-Royal in Jamaica the 13th of February last By which Letters he informs us likewise That when he waited upon the Governour of that Island concerning our Company 's Ship the St. Andrew lying in that Harbour The Governour declared to him That tho the said Ship were fitted for going to Sea he would not suffer her to go without a special Order from England
and Immorality for the Preserving and Securing the Liberty of Mens Persons for the Encouraging and Advancement of Trade and Manfactories and generally to give Our Assent to such other Laws as shall be brought in for further clearing and securing Mens civil Rights and Properties promoting the Administration of Justice and setling the Peace and Quiet of the Kingdom demanding nothing on our part save what shall be necessary to mantain that our antient Kingdom in so happy a Settlement against our their Enemies And this Declaration We are confident will be satisfying to all good Men who will certainly be carefull both of their own Preservation and of the Interest and Honour of the Government and not to suffer themselves to be Misled nor to give any Advantage to Enemies and ill designing Persons ready to catch hold of every Opportunity as their Practices do too manifestly witness Our necessary Absence hath occasioned the late Adjournments but as soon as God shall bring Us back We are firmly Resolved Our Parliament shall Meet where We do again Assure all Our good Subjects nothing shall be Wanting on Our part that may contribute to their Welfare and Happiness And this Our Resolution and Declaration We Allow you to Publish for the Satiffaction of all concerned So We bid you heartily Farewell Given at Our Court at Loo the 26th day of July 1700. And of Our Reign the 12th year By His Majesties Command RO. PRINGLE Here follows the last National Address formerly mention'd May it please your Majesty WE Noblemen Barons Gentlemen Burgesses and other Subscribers your Majesty's most Dutiful Subjects of this your Antient Kingdom of Scotland having formerly from an unfeigned Zeal to your Majesty's Service and to the Good and Welfare of our Countrey Petition'd your Majesty for a Meeting of the Estates in Parliament in order to Support and Assist our Company Trading to Africa and the Indies which the Parliament had by their Unanimous Address to your Majesty of the 5th of August 1698 declared to be their own and the whole Nation 's peculiar Concern And your Majesty having been graciously pleased to allow the Parliament to Meet on the 21th of May last whereby all your good Subjects could not but conceive suitable hopes of its happy issue for the Honour and Interest of your Majesty and People Do now beg leave to express our deep Concern Sorrow for the unexpected Adjournment thereof without being permitted to do any thing towards the wish'd for end of its Meeting And do in all humble manner concurr with the dutifull Address lately presented to your Majesty from the Plurality of the Members of Parliament Representing the Inconveniencies and prejudices arising to the pressing Concerns of the Nation from that Adjournment and to the Rights and Liberties of Parliament from the manner of it And it is our Unexpressible Regret that your Majesty does seem to have been prevail'd upon by the Mis representations of evil Councellours to issue out Proclamations further Adjourning the Parliament from time to time whilst not only did our said Company stand extremely in need of the Countenance Support and Protection promis'd to it by your Majesty in Parliament and more especially upon the Misfortunes that have of late befallen it by the success of Enemies against its Colony of Caledonia but whilst also even the Nation it self did and still does remain under the pressure of such Grievances as can only be Redress'd in Parliament And to the end that your Majesty may have a just view thereof we humbly beg leave to represent to your Majesty how indispensibly necessary it is THAT the Protestant Religon be secured against the growth of Popery Immorality and Profaneness THAT the Freedom and Independency of this Antient Kingdom and the Nation 's Right and Title to Caledonia as holding of your Majesty's Crown of Scotland be Asserted and Supported THAT the good inclinations of your Majesty and Successors Kings of Scotland be preserved from Foreign Influence as well as from the Mis-representations and Pernicious Counsels of Unnatural Countrey-Men THAT the frequency and sitting of Parliaments be secured and ascertain'd pursuant to the Claim of Right THAT dangerous Influences upon the freedom of Parliaments either by Gratuities Pensions or Farms of any branch of the Revenue and the disposing of any part of the Revenue or annexed Property of the Crown otherways than according to Law for the necessary support of the Government be prevented THAT the publick-Credit be restored and an enquiry made into the Application of the Funds laid on and appropriated by Parliament for support of the Government and payment of the Army THAT the Security of the Nation and Government be settled in a duly regulated National Force in stead of a standing Army so burdensome to the Countrey and dangerous to its Liberties THAT the manner of applying the Security which we have by our Claim of Right for the Personal freedom of the Subject against long and Arbitrary Imprisonment as well as against Pursutes upon old and obsolete Laws be specially declared THAT the Trade of this Nation be Encouraged Advanced by duly regulating its Export and Import by discharging prejudicial Branches thereof by fixing the value of our cur-Money by encouraging Manufactories by imploying the Poor and more especially by Countenancing and Assisting our said Company in the Prosecution of its lawful Undertakings And THAT all such Articles of Grievances presented to your Majesty by the Estates of this Kingdom in the Year 1689 as have not yet been Redress'd together with such other Grievances as the Parliament shall at the Meeting thereof find the Nation aggrieved with be Redress'd in Parliament And your Majesty having by your Royal Letter of the 24 of May 1689 been graciously pleased to declare and give full assurance to our Representatives in that meeting of the Estates which settled the Crown and Royal Dignity of this Realm on your Majesty That we should always find your Majesty ready to Protect us and to Assist the Estates in making such Laws as might secure our Religion Liberties and Properties and prevent or Redress whatsoever might be justly grievous to us That your Majesty would never believe that the true interest of your People and the Crown could be opposite and that your Majesty would always account it your greatest Prerogative to assent to such Laws as might promote Truth Peace and Wealth in Your Kingdom We do therefore reckon it our duty humbly to desire and assuredly expect that your Majesty will be graciously pleased to satisfy the longing desires and earnest Expectations of your People by allowing your Parliament to meet as soon as possible and when mett to sit till they fully deliberate upon and come to solid Resolutions in the great and weighty Concerns of the Nation and grant such Instructions to your Commissioner as may impower him to pass such Acts as the great Council of the Nation shall think most conducive to the true Honour of your Majesty
Grace His Majesty's High Commissioner and the Right Honourable the Estates of Parliament The humble Representation and Petition of the Council-General of the Company of Scotland Trading to Africa and the Indies May it please your Grace Right Honourable Estates WHEREAS By our former Petition of the 16th of May last we laid a Representation of the then Circumstances of our Company 's Affairs before your Grace and Right Honourable Estates Which being once read and nothing done thereupon we now humbly intreat that the same still lying in the Clerks Hands may at this time be again read considered in Parliament And do further Represent That since that time we have the Melancholly Assurance of what we then feared from the constant Course of our Discouragements that the Governour of Carthagena for the King of Spain His Majesty's Ally has from the Unneighbourly Instignation of those from whom we ought more reasonably to have expected Assistance been encouraged to make an Attempt for dispossessing our Colony of Caledonia And in order thereunto Blockaded them up by Sea attacked them by Land in the time of profound peace and that some of our said Colony being too easily frighten'd by their Apprehensions of those evil Consequences that they thought must necessarly have attended the many Discouragements and want of Protection which we labour'd under all along have unwarrantably taken upon them the Power to surrender our Company 's said Settlement to the Spaniards to the unspeakable Loss and great Dishonour of the Nation and that the West-India Proclamations mention'd in our former Petition being still as much in force and rigorously executed as ever against us we could not all this time nor cannot as yet expect the Liberty even of carrying off our Ships that are lying perishing at Port-Royal in Jamaica and Amboy-Perth in East-Jersey without your Interposition on our Company 's behalf for procuring to us Warrants from His Majesty directed to the respective Governours of those Parts for that effect especially since the Governour of Jamaica has at several times and to several Persons declared That he will not part with our Company 's Ship the Saint-Andrew without a special warrant from England and that all our Solicitations to the Secretaries of State for that end have hitherto proved ineffectual And we cannot but likewise Represent to your Grace and Right Honourable Estates how that the want of due Protection to our Company all along and the continued Tract of Encroachments upon its Priviledges Abroad without any Redress therein has encouraged some Persons to break in upon the Priviledges of our Company even at Home MAY it therefore Please Your Grace and Right Honourable Estates to take the Contents of this and our former Petition above-mention'd into your most serious Consideration to take such effectual Measures as in your Profound Wisdom you shall think fit for Asserting and Vindicating our Company 's Rights both abroad and at home for enabling it to prosecute its lawful Undertakings for procuring Reparation from the Spaniards and others for the Dammages sustained and for preventing the like Encroachments for the future Signed at Edinburgh the 28th day of October 1700 in Name Presence and by Warrant of the said Council-General By JOHN SCHAW I.P.C.G. FINIS Non solum ferit uncis cornibus hostem Verum etiam instanti laesa repugnat ovis Prop. THE CONTENTS THe Act of Parliament establishing a Company Trading to Africa and the Indies the 26th of June 1695. The Parliament of England's Address to His Majesty concerning the said Act the 13th of December and presented the 17th Ditto 1695 p. 1. His Majesty's most gracious Answer to that Address p 3. A Memorial given in to the Senate of Hamburgh by Sir Paul Rycaut Resident for his Majesty in that City and Mr. Cresset His Majesty's Envoy extraordinary at the Courts of Lunenburgh against the Company the 7th of April 1697. p. 4. The Answer p. 6. A Memorial given in thereupon to the Senate of that City by the Company 's Deputees the 9th of April 1697. Ibid. What was done thereupon p. 7. The Humble Address of the Council-General of the Company of Scotland Trading to Africa and the Indies to His Majesty upon that occasion the 28th of June 1697. Ibid. His Majesty's Answer to that Address the 2d of August 1697. p. 11 A Letter of Expostulation from the Directors of the Company to the Secretaries of State the 28th of September 1697. Ibid. The humble Address of the Council-General of the Company to His Majesty the 22d day of December 1697. p. 14. The humble Representation of the Council-General of the Company to His Majesty's most Honourable Privy Council the 22d day of December 1697. p. 16. A Letter from the Council-General of the Company to His Grace the Duke of Queensberry the 25th day of December 1697. p. 19. A Letter from both the Secretaries of State in Answer to the Council-General of the Company 's Second Address to His Majesty January the 17th 1698. p. 20 The humble Petition of the Council-General of the Company to His Grace His Majesty's High Commissioner and the Right Honourable the Estates of Parliament the 22th of July 1698. p. 21. The Parliament of Scotland's Address to His Majesty in relation to the Hamburgh-Memorial and the other Contents of that Petition The 28th of August 1698. p. 26. The humble Petition of the Court of Directors of the Company to His Majesty the 16th day of August 1698 in pursuance of the Parliament's Address p. 27. A Letter from Mr. Stevenson the Company 's Agent at Hamburgh to the Court of Directors of the Company the 4th of October 1698 concerning the Hamburgh-Memorial c. p. 29. A Letter from Ditto the 18th of October 1698. p. 30. A Letter from the Court of Directors of the Company to the Right Honourable the Viscount of Seafield Secretary of State the 29th of November 1698 relative to the former Letters p. 31. The Secretaries Answer the 13th of December 1698. p. 32. A Letter from the Court of Directors of the Company in Answer to the Secretary of State January 13th 1699. p. 33. A Letter from the Secretary of State the 17th of February 1699 in Answer to the Company 's Petition of the 16th of the preceeding August p. 34 A Letter from the Council-General of the Company to His Majesty giving an Account of the Colony's Arrival and Settlement at Darien and of the French Designs upon that Coast the 31th of March 1699. Ibid. A Letter from the Court of Directors to the Secretaries of State the 1st of April 1699 enlarging on the Contents of the preceeding Letter to the King p. 36. A Memorial presented to the King of Great Brittain by the Ambassadour Extraordinary of Spain against the Scots Settlement at Darien the 3d. of May 1699. p. 40 The first Memorial presented to his Majesty by the Lord President of the Session and Lord Advocat on behalf of the Company and asserting the legality of
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