it themselves as to suffer her to have Mass in her own Family We might go farther back to the Reign of Robert II. who was check'd by the States for making a Truce with the English without their Consent it not being then in the power of our Kings either to make Peace or War without the States But the Truth of that Maxim laid down by our Historian That the supreme Power of the Government of Scotland is in the States is so obvious to every one that reads our History that it cannot be denied and hence it is that our old Acts of Parliament are often call'd the Acts of the States and say The three States enact c. for by our Original Constitution the King is none of the States but only Dux belli and Minister publicus which was well understood by our Viceroy the E. of Morton and the other Deputies from the States of Scotland when they acquainted Q. Elizabeth in their Memorial That the Scots created their Kings on that condition that they might when they saw cause divest them of that Power which they receiv'd from the People which we have now reasserted in making our Crown forfeitable by the Claim of Right at the last Revolution and perhaps that 's none of the least Causes why our Ruin is now endeavour'd by the Abettors of a growing Prerogative It were easy for us to enlarge on this and to shew from our Histories and Acts of Parliaments that our Kings according to our antient Constitution which those Rapes committed on our Liberties in some of the last Reigns can never overturn were inferior to their Parliaments who inthron'd and dethron'd them as they saw cause made them accountable for their Administration allow'd them no power of proroguing them without their own consent nor of hindering their meeting when the ardua Regni negotia requir'd it They could not make Peace or War without them nor so much as dispose of their Castles but by their Consent Their Councils were chosen and sworn in Parliament and punishable by the States Nor had they any Revenue but what their Parliaments allow'd them These and many more were the native Liberties of the People of Scotland an 1638. and their Representation of their Proceedings against the Mistakes in the King's Declaration in 1640. And therefore his Majesty had no reason to say he was ill serv'd by the passing of an Act offer'd by the States of Scotland The Ignorance of those things have often occafion'd our being misrepresented by the English Historians and other Writers as Rebels and what not when we really acted according to our own fundamental Laws And not only they but even our own Princes since the Union of the Crowns have either been kept ignorant of our Constitution or so incens'd against it by the Abettors of Tyranny that they have all of 'em his present Majesty excepted endeavour'd our Overthrow as well knowing it to be impossible to bring Arbitrary Government to perfection whilst a People who had always breath'd in a free Air and call'd their Princes to an account when they invaded their Properties were in any condition to defend themselves or assist others against such Princes as design'd an absolute Sway. But the Pill being too bitter to be swallowed by it self there was a necessity of taking Priestcraft into the Composition and to gild it over with the specious pretext of bringing the Scots to an Uniformity in Religion The Court knew that this would arm the Zealots against us and that it could never be aflected without the ruin of our Kingdom whose Religion was so interwoven with our Civil Constitution that there was no overturning of the one without subverting the other This will appear plain to those that know that besides the Sanction of Acts of Parliament the Church of Scotland is defended by a full Representative of the Clergy and Laity of the Kingdom call'd a General Assembly which preserves us from being Priest-ridden as our Parliaments do from being Prince-ridden where the King by Law had no negative Voice no more than he formerly had in our Parliaments This in effect is the Representative of the Nation as Christians as the Parliaments are our Representatives as Men and as to the Laity many of them are the same individual Persons that sit in Parliament So that those Assemblies being a second Barrier about our Liberties it was thought sit to run down the Constitution of our Church as not suted with Monarchy The Case being thus we dare refer it to the thoughts of our neighbouring Nation who have gallantly from time to time stood up for their own Liberties whether it were not more generous for them to unite with us than to suffer us to be oppress'd and enslav'd There 's nothing can be objected to this but that all these glorious Privileges were swallow'd up by those Acts of Parliament that exalted the Prerogative to such a height in the Reign of K. Charles II. To which we answer That the Privileges of a Nation cannot be giv'n away without their own consent and we are morally certain that the Constituents even of those pack'd Parliaments did never give any commission to those that represented them to give away those Liberties Slavery is repugnant to human Nature so that it cannot be supposed the Nation exalted the Prerogative on purpose to put themselves in a worse condition than besore or that when they find it applied to another use than that which they gave it for they may not reduce it to its antient Boundary The necessity of Affairs did sometimes oblige the Romans to entrust their Dictators with an extraordinary and absolute Power but when the occasion ceas'd they recalled it and kept to their antient and rational Maxim that Salus Populi is suprema Lex In the like manner the Enemies of our old Constitution may know if they please that we have retrieved the main point of making our Crown forfeitable by the Claim of Right and therefore if they push us too far it 's a thousand to one but we may renew our Demands to the rest or oblige them to cast them into the bargain But to return from this Digression Tho we had no such peculiar Privileges belonging to us why might not we expect that his majesty should be as kind to us as to our Brethren in England He hath once and again declared to them in Parliament That he never had nor never will have an Interest distinct from that of his People Then why should not the Interest of the People of Scotland be the same with the Interest of the King of Scots And if the People of Scotland met in Parliament agreed upon it as their Interest to have that Act past for incouraging Kieir Trade how was it possible that the King of Scots could be ill serv'd by the passing that Act in Scotland Our Enemies and H s's Suborners have put a sort of an Answer to this in his mouth viz. That the said Act
of being attack'd by his Fleet as they that advis'd the emitting of those Proclamations must needs think his Majesty was oblig'd in Honour and Justice to order if he was of opinion that the Scots had broken the Alliance betwixt him and Spain Let any reasonable man consider what Anguish and Perplexity these Considerations join'd to their pinching Wants and other Circumstances must occasion in the minds of those poor men and whether it might not give a handle to those of them that were unwilling to stay to mutiny against the rest and put all into disorder which might be fomented by other ill persons amongst them for we are not to suppose that with 11 or 1200 men there went no other ill man but H s since it 's not improbable that they who opposed our Company so much from the very beginning might be prompted by the same Malice to send Spies and Traitors amongst our Men on purpose to defeat their Design If it had not been that they were thus discouraged and brought to their wits-end by those Proclamations they would certainly have had so much Conduct as to have sent away a great part of their Men to Jamaica or any of the English Plantations where they might have subsisted till the arrival of a Convoy from Scotland and so with those Provisions that were sufficient to carry them as far as New York and a great deal further if they had not been retarded by Tempests might have maintain'd a competent number of their Men to keep possession of the Colony till Supplies had arriv'd but the Proclamations disabled them from taking this Method and by consequence are chargeable with the ruin of the Colony In the next place it is undeniable that those Proclamations must needs have incouraged the Spainards and other Enemies in their Opposition against our Colony and animated them to go on with their Preparations to drive us out So that had they deserted upon no other account but the noise of the great Preparations making against them by the Spaniards at Carthagena Porto Bello c as Sir William Beeston seem'd to insinuate in his Letter it makes the Proclamations directly chargeable with the Ruin of the Colony since they had good reason to remove from thence when their own Prince had forbid all Commerce with them and when their Enemies were making formidable Preparations against them It is likewise plain that those Proclamations must necessarily prevent their having any Supplies from the Dutch at Curassaw if they had any to spare for since the Influence of ours and the Dutch Court prevented our Company 's having any Incouragement in Holland it is reasonable to believe it would have the same influence in reference to our Colony in the Dutch Plantations We have likewise all the reason in the world to conclude that the Influence of those Proclamations might hinder the Natives from giving our Colony those Supplies that it was in their power to have done for there 's no doubt but they had information of 'em industriously sent them by some of our Adversaries when Capt. Long was so malicious as to endeavour at our first arrival to possess them with an opinion that we were nothing but Pirats and that the K. of Great Britain would disown us and indeed by the event it would seem he had Instructions so to do It is true that at first the Natives seeing our Men have a Competency of all sorts of Provisions might not believe his Report but they must needs have been confirm'd in the truth of it afterwards when they saw them dying for want and deceiv'd as to their Expectation of further Supplies and upon that account might think they had sufficient ground to withdraw their Assistance from them and not further provoke the Spaniards in favour of a People that they found were not able to do any thing for themselves and by consequence uncapable to protect them which was the thing they were to expect from their Alliance Having thus made it evident that the Opposition our Company met with from Court at first and the Proclamations issued against our Colony at last are justly to be reputed among the principal Causes of the Miscarriage of that Design we come in the next place to consider his Majesty's Answer to the Address of the Commons of England on that Head and the Proclamations issued out against us in his Name in the West-Indies We are sorry that ever there should have been any occasion for such an ungrateful piece of work but think it a Duty incumbent upon us and what we owe to the Constitution of our Country which we have reason to believe is industriously conceal'd from his Majesty to write freely on this head that the World may see what just cause we have to complain His Majesty's Answer That he had been ill serv'd in Scotland c. is such as our Ancestors if we may believe our Historians would have thought inconsistent with the Trust reposed in a King of Scots a manifest Reflection upon the Justice and Fidelity of the Nation and a discovery of their Arcana Imperii to those that were quarrelling with them We are not to suppose that his Majesty would give an Answer to an Address of this Importance without Counsel If he consulted with our Dutch or English Opposers it was the same as if he had consulted our professed Enemies if he consulted with Scots-men and was advis'd to this Answer by any of them they are Traitors to their Country and have betray'd its Soveraignty for they ought to have advis'd him to answer that as King of Scots he was not to give an account to the English for any thing transacted in that Kingdom but if they found themselves any ways aggrivev'd or thought their Trade endanger'd by the Scots Act he should be willing to have the matter debated and adjusted by Commissioners of both Nations as became the Common Father of both This could not justly have been look'd upon by the English as a refractory or stubborn Answer but must have been imputed to his braveness of Temper and fidelity to his Trust But at once to give up the Soveraignty of Scotland without demurring upon it argues that his Majesty was advis'd to this Answer by Enemies to the Scotish Nation Our Parliaments have originally a greater Power than that of England for what the States of Scotland offer'd to the touch of the Scepter their Kings had no power to refuse or if they did the Resolves of the States had the force of a Law notwithstanding Thus our Reformation was established in 1560 by an Act of the States and tho our Queen Mary then in France and her Husband the Dauphin afterwards Francis I. refus'd to give their Consent it remain'd a firm Law which Q. Mary when she return'd to Scotland was so far from offering to dispense with tho she was a great Asserter of her Prerogative that she was oblig'd to intreat of the States so far to dispense with
march'd over to Panama and had planted 80 Guns against it but unhappily forgets himself and tells us pag. 7. of his Book that Paterson communicated it to some select Heads in England that were able to bear it And we can tell him further that it was so well known to some in England that they sent Capt. Long the Quaker on purpose to prevent us and to do us all the mischief he could and accordingly he was on that Coast a month before us tho he did not land any Men till afterwards As for the news of the Scots having planted 80 Cannon against Panama it 's the first time we ever heard on 't and therefore must charge it upon the Author amongst the rest of his Forgeries There was indeed a Report brought over by the Dutch Gazetts which we suppose was inserted on purpose by our good Friends in Holland to render us odious that we had plundered Panama but that was a long time after the news of our arrival at Darien and fram'd on purpose as we have reason to believe to justify the Proclamations that some Gentlemen at the West end of the Town had sent to the West-Indies against us for we know they can have what they please put in the Dutch Gazetts and that perhaps may be one main reason why they have been altogether silent as to the matter in their own But that which sufficiently discovers the falshood of this malicious Insinuation as if we had a design to attaque Panama or any other place belonging to the Spaniards is Mr. Paterson's Letter to his Friend at Boston in New-England and sent us thence in print dated at Fort St. Andrew in Caledonia February 18. 1698 9. above fifteen weeks after the arrival of our Colony wherein he acquaints that Gentleman That they had written to the President of Panama giving him an account of our good and peaceable Intentions and to procure a good Vnderstanding and Correspondence The Letter it self is as follows An Abstract of a LETTER from a Person of Eminence and Worth in Caledonia to a Friend at Boston in New-England I Have received your kind Letter of the 26th of December last and communicated it to the Gentlemen of the Council here to whom your kind Sentiments and Readiness were very acceptable Certainly the Work here begun is the most ripened digested and the best founded as to Privileges Place Time and other like Advantages that was ever yet begun in any part of the trading World We arrived upon this Coast the first and took possession the third of November Our Situation is about two Leagues to the Southward of Golden-Island by the Spaniards called Guarda in one of the best and most defence able Harbours perhaps in the World The Country is healthful to a wonder insomuch that our own Sick which were many when we arrived are now generally cured The Country is exceeding fertil and the Weather temperate The Country where we are settled is dry and rising ground Hills but not high and on the sides and quite to the tops three four or five foot good fat Mould not a Rock or Stone to be seen We have but eight or nine Leagues to a River where Boats may go into the South-Sea The Natives for fifty Leagues on either side are in intire friendship and correspondence with us and if we will be at the pains we can gain those at the greatest distance For our Neighbour Indians are willing to be the joyful Messengers of our Settlement and good disposition to their Country-men As to the innate Riches of the Country upon the first information I always believed it to be very great but now find it goes beyond all that ever I thought or conceited in that matter The Spaniards as we can understand are very much surprized and alarm'd and the more that it comes as a Thunder-clap upon them having had no notice of us until three days after our arrival We have written to the President of Panama giving him account of our good and peaceable Intentions and to procure a good Vnderstanding and Correspondence and if that is not condescended to we are ready for what else he pleases If Merchants should once erect Factories here this place will soon become the best and surest Mart in all America both for In-land and Over-land Trade We want here Sloops and Coasting Vessels for want of which and by reason we have all hands at work in fortifying and futing our selves which is now pretty well over we have had but little Trade as yet most of our Goods unsold We are here a thousand one hundred Men and expect Supplies every day We have been exceeding unhappy in losing two Ministers who came with us from Scotland and if New-England could supply us in that it would be a great and lasting Obligation Fort St. Andrew February 18th 1698 9. A farther proof of the Falshood of this Insinuation is Capt. Pennicook's Journal sent to the Company over England and dated Decem. 28th almost two months before this Letter to New-England wherein they give an account of the Information they had from several hands that the Spaniards were marching with 900 men from Panama to attacque them by Land whilst their Men of War were to attacque them by Sea upon which they did all they could to put themselves in a posture of defence against them so far were they from any design of marching towards Panama The matter being so H s's Suborners have lost their Argument from this Topic also to justify their proceedings against us He goes on to tell us That England had no reason to go to War with the Spaniards on the score of our Company who besides all the Loss of their Trade must throw away more English pounds thrice over than there 's Scotch in our Capital Stock and he will leave it to any Man of half an ounce of Politicks to find out the Jest on 't save this Hot-headed Author of our Colony's Defence Mr. H s and his Suborners may please to know that we neither desir'd nor expected that England should go to War with the Spaniards on the account of our Company and had as little reason to expect that a Faction in England for we will not be so unjust as to charge it upon the Nation should go to War with us on account of the Spaniards before we could be heard in our own defence we mean that Proclamations should have been publish'd in the West-Indies inferring that the King of England has a power to declare that to be a breach of the Peace that is done by the Authority of the King of Scotland that they should thereby forbid their Subjects of England to entertain any Commerce with us refuse us Provisions for Commodities in our distress except we will bring our Ships under the Guns of their Fort at New-York punish their Subjects for entertaining Commerce with us and threatning to lay the Commanders of our Ships in Irons if they offer to put in
Rob. Pennicook Rob. Pincartone Will. Paterson Caledonia New Edenburgh December 28th 1698. P. S. We intreat you to send us a good Ingineer who is extreamly wanted here This Place being capable of being strongly Fortified You 'l understand by our from Maderas the Danger as well as the Tediousness of our Passage North about so that if the Ships can conveniently be fitted out from Clyd it will save a great deal of time in their Passage and be far less bazardous This being from Men who knew the Misrepresentation of the Affair must needs Issue in their own Ruin cannot be suspected of disingenuity and therefore must certainly over-balance the Evidence of a Renegado who owns that he writes out of Malice The first defence he puts in the Company 's Mouthis their being baulk'd of Foreign Subscriptions which made them lose Time and Money whereby they could not send out such a number of Men and quantity of Provisions as the Project would have required This is litterally true let H s and his Suborniers answer it if they can As for his Question Why did they prodigally throw away 50000 l in Holland and Hamburgh purely to make a Bluster there and why did they trust to another Man's Purse till such time as they are sure of it We shall answer by asking him another Question viz. Since he pretends to know the Secrets of the West end of the Town why did our Government oppose our taking Foreign Subscriptions since they had impowered us by Acts of Parliament and Letters Pattent to take them and since t was such a thing as the like perhaps was never done what reason had we to suspect being baulk'd of our Foreign Subscriptions He himself own'd that the Hollanders and Hamburgers were fond of our Project till our Government oppos'd us and therefore by his own Confession they are to blame for those disappointments As to our taking Subscriptions in Hamburgh and Holland We had reason to engage as many of our Protestant Neighbours in the Design as we could that we might be the more able to defend our selves in case of Opposition which is neither ill Policy nor inconsistent with Honesty The 2d Defence he puts in their Mouth That their Ships were Man'd no Provisions to be had in Scotland more were providing abroad and no more Money to be had from the Subscribers till once the Ships were Sail'd is such as he and his Suborners will never be able to answer What could the Company do more than take care to have Provisions abroad when none were to be had at home And if the Subscribers would pay no more Money till the Ships put to Sea there was a necessity of Sailing His Objection as to the shortness of their Provisions we have answer'd already and shall add which he maliciously conceals That we sent a Ship with Provisions after them which was cast away in January for which we cannot be answerable and he himself owns we sent another Convoy in May Then since the Colony sent us Advice from the Maderas dated Aug. 29. That they had still 8 Months large and twelve Months short Allowance The Company cannot justly be accus'd of supine Neglect when they sent away one Ship with Provisions four Months after this notice and two more in five Months after that considering that they had no Provisions in Scotland as the Libeller himself owns and that the Colony had a Cargo which might have bought them Provisions either from the Natives if they had any to spare which we could not doubt of by Mr. Wafer's Description or from the English Colonies had it not not been for the Proclamation which we had no reason to suspect would be issued at all and much less in such a manner in the Name of our own Prince who was oblig'd to Protect us To the Causes he assigns for the Sailing of our Fleer without a greater quantity of Provisions we 〈◊〉 add one more viz. That we had reason to fear that our Enemies might prevent us which Captain Long 's being on those Coasts a Month before us shews was not without Ground no more than our Suspicion that endeayours were used to surprize us into a War with the Spaniards by Long 's Men killing seven of them as hath been already mention'd and of his doing all he could to make us odious to the Natives by telling them we were Pirates and disobliging both Ambrosio and Diego by sordid little Actions of his own as Captain Pennicook gave us an Accoun in his Journal A Grave Member of the Committee of Trade can give a more full Account of this if he pleases and when his hand is in he would do well to assign us a Reason why that barbarous Murder committed by Long 's Men was never yet taken notice of by the Spaniards since they have published such angry Memorials against us who committed no Hostilities upon them His Objection to the third and fourth Reason relating to the Honesty of our Design and the Cargoes not being proper we have answer'd already As for that of our Goods being seizable in Jamaica and other English Plantations by the Act of Navigation it 's one of the Hardships we justly complain of that was put upon us by the Enemics of our Nation in Charles II's Reign But allowing it to be reasonable it cannot have so much Equity in it as the Laws which make it punishable by Death to Roband Murder Yet the Execution of those are many times dispenc'd with in favour of Criminals by his Majesty and indeed a Power to dispence with the Execution of Law sometimes to save the Life of a Subject is one of the most Innocent Branches of the Prerogative but we had much more reason to have expected a Dispensation in this Case to save the Lives of so many of his Subjects who had generously venter'd them for himself His owning p. 148. and 154. That a Cargo of Provisions brought by two Jamaica Sloops was bought by the Colony besides as many Turtle as came to 100 and odd Pounds for which he owns the Colony paid em not only contradicts what he says almost in the same breath That there was neither Money no Moneys worth to be had in the Colony and that they laid out all their Stock of Ready Money for Wine at Maderas p. 48. but may together with their having both Provisions and Money when they came to New York justly confirm our Suspicion that there was a Mismanagement of the Provisions since two Sloop's Cargo of Provision 27 Pipes of Wine 100 Pounds worth of Turtle the Fish Plantains Bonanoes Potatoes Indian Corn Sojours or Land Crabs which he says were plentiful at first ' added to their former Provisions which they own'd they had at the Maderas together with the decrease of their Number of Men by Death was not enough to keep their Colony from starving for Nine Months We have still the more reason to suspect this because the Letter from New York which