to his Catholick Majesty and perhaps on purpose to make him digest the other Project with more ease is like to be of as little advantage to England as was the Sacrifice of the great Sir Walter Raleigh formerly tho it may be infinitely more to their damage If our Neighbours have a mind to be fully inform'd of this matter they know who were imploy'd in those Negotiations and how to speak with them We come next to consider the Opposition made to our Subscriptions at Hamburgh by Sir Paul Ricaut the English Resident there in conjunction with his Majesty's Envoy to the Court of Lunenburg who deliver'd in a joint Memorial to the Senate of Hamburgh threatning them with the heighth of his Majesty's Displeasure if they join'd with the Scots in any Treaty of Commerce whatsoever This we shall not need to make any Reflexions upon the Petitions from the Company to his Majesty and his Privy Council in Scotland being sufficient for that end Their first to the King was dated Iune the 28 th 1697. and is as follows To the King 's Most Excellent Majesty The humble Address of the Council General of the Company Scotland trading to Africa and the Indies May it please your Majesty WHEREAS by the 32 d Act of the 4 th Session and by the 8 th Act of the 5 th Session of Your Majesty's current Parliament as well as by Your Majesty's Patent under the Great Seal of this Kingdom this Company is established with such ample Privileges as were thought most proper and encouraging both to Natives and Foreigners to join 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 Majesty and Act of Parliament and Letters Patent contributed as Adventurers in raising a far more considerable joint 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 And for the better enabling us to accomplish the ends of Your Majesty's said Act of Parliament and Letters Patent we have pursuant thereunto appointed certain Deputies of our own number to transact and negotiate our necessary Affairs beyond Sea and at the same time to treat with such Foreigners of any Nation in amity with Your Majesty as might be inclinable to join with us for the purpose aforesaid In the prosecution of which Commission to our said Deputies vested with full Power and Authority according to Law We are not a little surprized to find to the great hindrance and obstruction of our Affairs That your Majesty's 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 Privileges granted to our Company by Your Majesty's said Acts of Parliament and Letters Patent as by the herewith transmitted Copy may appear By the which Memorial we sustain great and manifold Prejudices since 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 Displeasure if they or either of them should countenance or join 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 Maintenance of our Privileges and freedom of Trade but also for reparation of damage conform to Your Majesty's said Acts of Parliament and Letters Patent And we further beg leave humbly to represent to Your Majesty that tho by the said Acts of Parliament and Letters Patent we conceive our selves legally and sufficiently authorized to treat even with any Soveraign Potentate or State in Amity with Your Majesty for the support and advancement of our Trade yet we by our said Deputies 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 conceive to be the natural Right and Privilege 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 all the individual Merchants of this Kingdom must from henceforward conclude that all our Rights and Freedoms 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 Declarations 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 concerned secure from the Threatnings 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 Injoyment of our lawful Rights Privileges and Immunities contained in Your Majesty's Acts of Parliament and Letters Patent above-mentioned Signed at Edinburgh the 28th Day of June 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 Subject and Servant Sic subscribitur Yester P. The King's Answer to the above written Address By the Right Honourable the Earl of Tullibardin c. and Sir James Ogilvie 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 Edinburgh the 2d Day of August 1697. Sic subscribitur Tullibardin Ja. Ogilvie The Company finding that the said Resident did notwithstanding this Answer continue his opposition and deny that he had any orders to the contrary petitioned his Majesty's Privy Council afresh as follows To the Right Honourable the Lord High Chancellour 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
of those great Families he threatens in his Dedication AN INQUIRY INTO The Causes of the Miscarriage of the Scots Colony at Darien THE main design of H s and his Suborners is to charge the Miscarriage of the Scots Colony upon their own Country to clear some Gentlemen that perhaps may be found within the Verge of White-Hall from having any hand in it and to evince the necessity of those Proclamations publish'd against the Scots in the West-Indies so as no Person or Party in England may seem justly chargeable with the ruin of that Colony a certain Evidence that the Crime is very black and that they are put to a miserable shift when those Gentlemen are at such expence of Contrivance and Pains to wipe off the Imputation and so ready to fall in with any Tool that they think can assist them in so doing Enough has been said already to demonstrate that the evidence of such an infamous Person as H s and so circumstantiated would not be admitted in any Court of Judicature in Europe especially against such an honourable Society as the Company of Scotland for trading to Africa and the Indies which consists of the very flower of the Nation and perhaps has more Persons of illustrious Birth Quality and Merit in it than any trading Company that ever yet was erected in the World The Directors particularly whom H s and his Masters have condemned to the Halter p. 46. are most of them Persons of that Quality Estate Worth and untainted Honor as the Accusation of no one particular Person tho of never so good Repute could in justice or decency be admitted against them and much less the malicious Calumnies of a Renegado But to set this mater in a clearer Light Whereas we have only H s's own word for what he asserts in vindication of his Friends and Suborners we shall demonstrate against him and them too from undeniable matter of Fact that some People in England are justly chargeable with the ruin of that Colony We shall begin with the opposition made to the Scots Act by the Parliament of England to whom the matter was misrepresented the Answer they obtain'd from the King and the Prosecution they commenc'd and threatned against English Natives and Scots-men residing in England that should subscribe to the Scots Company In the next place we alledg the English Resident's Memorial at Hamburgh against that Governments suffering any of their Subjects to subscribe to the Scots Company It is likewise well enough known that the Influence and Example of the English Court hinder'd the Subscriptions of our Neighbours in Holland Nor can it be denied but this continued Thread of Opposition from the Court of England must needs hinder the Subscriptions of a great many in Scotland who could not but foresee that a Storm was threatned by so many Clouds To this we may add that the Kingdom of Scotland have not yet forgot the discourting of the Marquiss of Tweddale who was known to be an able Statesman and a true Patriot to his Country because of his touching that Act when he had the Honor to represent his Majesty on the Throne Nor was it the least of our Misfortunes that we lost such an able and faithful Minister of State as Secretary Iohnston and that too upon the account of his affection to his Country in this matter We are very well satisfied that his Majesty who advanc'd him to that Post for his Merit and was so well satisfied with his ability and care would scarcely have parted with a Minister of that Gentleman's Faithfulness and Penetration but by the Intrigues of some People at Court Before we proceed any further with the Narrative of the Opposition made to us we shall obviate one Objection which some Persons may possibly make viz. That all we have said hitherto is nothing to the purpose because it does not regard our Colony but the Company To which we reply 1. That this is so far from being an Excuse to our Opposers that it highly aggravates our Charge against them as being a plain demonstration that they were resolv'd to obstruct our Trade in every respect and whatever it should be without any exception 2. That the opposing of the Company was the direct Method to prevent our ever having a Colony and by the Laws of God and Man those who endeavour to destroy the Embrio are chargeable with a design of preventing the Birth But we shall come closer to the point in a little time and resume the thread of our Narrative after one or two Observations upon what we have said already viz. 1. That the greatest of those Difficulties and Disappointments which H s says in his Book the Company met with as to their Subscriptions Payments c. may justly be charg'd to the account of that opposition made us from the Court of England 2. That there is so little reason to upbraid us that our Efforts were not greater that it is rather to be wonder'd at that the Company was not dash'd to pieces and crush'd in the bud and much more that ever they should have been able to weather out the storm of so much Indignation overcome all those Difficulties find Mony enough to build Ships equip out a Fleet and make a Settlement in America when neither England nor Scots-men residing there Hamburgh nor Holland shall dare to assist them without incurring his Majesty of England's displeasure But to come directly to the Narrative of the Opposition made to our Colony It is well enough known that the Kingdom of Scotland as many other Parts of Europe hath suffered much for three or four years past by bad Harvests which rendred them uncapable of providing Bread for their People at home and much more of sending Supplies to their Infant Colony abroad This was very manifest to some People about White-hall and care was taken we should have none for our Mony from England tho that Nation could have spar'd it and perhaps we might have pleaded it as our merit when in Parliament we voted his Majesty a Standing Army upon his Royal Word that it was necessary tho we had more need to have sav'd the Mony to have bought Bread for thousands of our People that were starving for want afforded us the melancholy prospect of dying by â—â—â—als in our Streets and have left behind them a reigning Contagion which hath swept away multitudes more and God knows where it may end Tho our Country was reduced to this deplorable state that a generous Enemy would have shew'd us compassion yet the malice of our Court Adversaries did not rest here nor with having follow'd us into Holland and Germany but pursues us into America and with angry Proclamations forbids the Subjects there on pain of his Majesty's Displeasure to afford any manner of assistance to the Scots at Darien So that we are starv'd at home and abroad by our Enemies at Court who having by this means dispossess'd us of our Colony at Darien
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 profess'd 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 aggriev'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 it themselves as to suffer her to have Mass in her own Family We might go further 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 as may be seen in our Histories the Acts of all the Iames's the Protestation of the States of Scotland in 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 hath often occasion'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 effected 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 fit 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
nor Intention immediately to follow an East-India Trade the apprehensions of which did so much alarm the Kingdom of England That it was not our Intention is evident from our rejecting the Proposals of our Countryman Mr. Douglas the East-India Merchant with which H s upbraids us by which at the same time he discovers his own folly and dishonesty his Folly in arguing against the Interest of England which he pretends to espouse and his Dishonesty in proposing our following a Trade which his new Masters who have paid him so well for his false Evidence look upon to be destructive to theirs That it was not our Interest immediately to think of an East-India Trade is evident from this that it would have exported our Mony with which it 's known we do not abound and ruin'd the Linen Manufacture of our Country upon which so many of our Poor depend This we think the City of London may be sensible of in a good measure by the multitudes of their own Silk-Weavers that are starv'd for want of Imployment and also by the unsuccessfulness of their own Linen Manufacture in England by reason of the great quantity of Silks Mullins Calicoes c. brought from the East-Indies from whence some wise Men have been and are still of opinion that an East-India Trade of that sort tends to the general Impoverishment of Europe tho it may enrich particular Persons These Considerations together with some Jealousies that Mr. Douglas might have been put upon making us that Proposal on purpose to divert us from our other Design of an American Trade were the true Reasons of our not hearkening to Mr. Douglas's Advice This our Neighbours might have known had they proceeded with us in such a friendly manner as we had reason to expect when we were so kind as to offer them a share in the Benefits of our Act. And the Government at the same time might soon have been satisfied that the sinking of their Customs by our one and twenty years Freedom from that Duty was a meer bugbear Pretence It is evident that we could not have spent much East-India Goods in Scotland and therefore must have exported them If we had brought them to England they were liable to Customs there If we had offer'd to run them over the Border they could as well have prevented that as the stealing over their own Corn and Wool and if we had exported them to any other places of Europe the English by their Draw-backs could have done it in effect as cheap as we By all which it appears that there was no solid Foundation for any of those pretended Reasons why the Government in particular or the English in general should have oppos'd us and we wish that upon due inquiry it may not be found to be the effect of Dutch Councils for that People being jealous of their Trade and Rivals to England on that account cannot be suppos'd to have sat still and done nothing when they saw we had obtain'd such an Act and were resolv'd to take in the English to partake in our Trade which if suffer'd to go on might endanger theirs and enable the English to outrival them indeed besides the present loss they foresaw of our Custom the Scots having most of their East-India Goods from Holland This we have the more reason to suspect first because tho the English have formerly suffered in their Trade by the Incroachments and Intrigues of the Dutch but never by the Scots yet they have made no Application to his Majesty for preventing the like in time to come If it be said that he is but Stadtholder there whereas he is K. of Scots We can easily reply that it appears by what has been said already of our true Constitution that the Kings of Scotland were as much accountable to the States of that Nation as the Dutch Stadtholder is to the States of Holland The 2 d Reason we have to suspect the Influence of Dutch Councils in this Affair is this that 't is their Interest to keep us and the English from uniting and if possible of forcing us by that means into an Alliance with themselves to prevent their own ruin if England should after this come to fall out with them upon the account of Trade or otherwise and likewise to have their Privilege of fishing in our Seas continued which they know to be of such vast Advantage to them that they are shrewdly suspected of having by Bribes or other indirect Methods prevail'd with some great Men to supplant us as to the Benefits we had just reason to expect from the Act of 1661. incouraging our Fishery the Privileges granted by which are very considerable and to continue for ever nay to put it out of all doubt that they are join'd in this matter against us H s owns it as beforemention'd Being upon this subject we cannot but take notice of the difference betwixt the Spanish Memorials about Darien and of those late Memorials presented by them to our Court against their meddling with the Succession of that Monarchy or the cantoning it out into several Parcels in case the King of Spain die without issue The former tho insolent and huffing enough were procur'd by our Court therefore calmly digested and the desire of them effectually answer'd to the ruin almost of the Scotish Nation but the latter was no sooner presented than the Spanish Ambassadors are disgrac'd in England and Holland and forbid both Courts It may therefore deserve the Inquiry of our Neighbours what this Regulation about the Succession of Spain and the dismembring of their Monarchy is that occasion such outragious Memorials for there must needs be something in it that touches the Spaniards more sensibly than the business of Darien and which they did not complain of till they were put upon it and in like manner touches our Court more sensibly to the quick than any Memorials about that Affair tho they had not been of their own procurement were capable of doing Perhaps upon a narrow Scrutiny into this Affair it will be found that this keen and uninterrupted Opposition made to the Scots Settlement at Darien does not proceed from any foresight of damage that it could do to the Trade of England tho that be the specious Pretext but from a Cause which touches some People more nearly crosses their Project of dismembring the Spanish Monarchy and of having that important Post to their own share they know that they have a natural as well as political Interest in some great Courtiers and make little doubt of obtaining the preheminence before either of those Nations that compose the Empire of Great Britain It concerns our Neighbours so much the more to inquire into this because it is visible from the Resentments of it by the Spanish Court that this matter is more like to affect the advantageous Trade that England drives with Spain than our Settlement in America was ever like to do which tho it be made a Sacrifice
manifest Damages which our Company has already sustain'd by reason of the said Memorial And grant us a Declaration under Your Royal Hand to render the Senat and Inhabitants of the City of Hamburgh and all others with whom we may have occasion to enter into Commerce secure from Threatnings and other false Suggestions contained 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 Privileges contained in Your Majesty's Acts of Parliament and Letters Patent above mentioned Signed at Edinburgh the 22 d Day of December 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 Subject and Servant Sic subscribitur Francis Scot P. Notwithstanding all this humble Application there was no stop put to that Opposition So that the Hamburghers dar'd not venture to subscribe and the Company after great loss of time and Money and leaving two Ships unfinish'd to the great Dishonour as well as Disadvantage of the Nation were oblig'd to recal their Agents after having spent 30000 l. and not receiv'd one Farthing there tho the Hamburghers were so willing to join that they were sorry there was not room left for subscribing more than 200000 l. The Company finding themselves thus injuriously dealt with made application to the Parliament of Scotland for redress Upon which the Parliament presented the following Address to his Majesty An ADDRESS to his Majesty by the Parliament WE Your Majesty's most Loyal and Faithful Subjects the Noblemen Barons and Burgesses convened in Parliament do humbly represent to Your Majesty That having consider'd 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 Senat of Hamburgh by Your Majesty's Residents in that City tending to lessen the Credit of the Rights and Privileges granted to the said Company by an Act of this present Parliament We do therefore in all humble Duty lay before Your Majesty the whole Nations Concern in this Matter And We most earnestly do entreat and most assuredly expect That Your Majesty will in Your Royal Wisdom take such measures as may effectually vindicate the undoubted Rights and Privileges 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 Assurances Your Majesty has been pleased to give Us of all due Encouragement for promoting the Trade of this Kingdom So We are thereby encouraged at present humbly to recommend to the more special Marks of Your Royal Favour the Concerns 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 5 th of August 1698. in Name Presence and by Warrant of the Estates of Parliament SEAFIELD I. P. D. P. By all this it is evident that the whole Kingdom of Scotland was unanimous in this matter and proceeded deliberately in it as that which highly concern'd their Interest yet we see that all their Endeavours were to no purpose for our Enemies were so resolute in opposing our Trade that rather than it should succeed they will not only trample under foot the Laws of Scotland but the Laws of Nations and exactly follow the Pattern set them by the French in huffing and tyrannizing over their Neighbours when at the same time they pretend to make War upon Lewis XIV for practices of the same nature and whilst they cry out upon the Decisions of the Chambers of Brisac and Mets and of the Parliament of Paris as tyrannical and unjust for invading the Rights of Neighbouring Princes and Nations they set up a Cabal at Whitehall to do the like by Scotland and Hamburgh Then let the World judg whether the King of England had not less reason to say that he was ill serv'd in Scotland than the King of Scots had to say that he was ill serv'd in England since one single Address from the Parliament of England prevail'd with their King to forbid all his Subjects to join with the Scots whereas the repeated Supplications of the Company of Scotland the Address of their Parliament and the Authority of Law and his own Letters Patent could not prevail with the King of Scots to do Justice to his own Subjects We wish these Gentlemen would consider this who were so very angry at the Author of the Defence of the Scots Settlement for saying that the King of Scots was detain'd prisoner in England It is very certain that never any King of Scotland before the Union of the Crowns dar'd thus to trample upon their Laws or to oppose the General Interest of the Nation or if they attempted to do it they were quickly made sensible of their being Inferior to the Law and the States of the Nation assembled in Parliament who till the Accession of our Princes to the English Throne remain'd in an undisputed possession of calling their Kings to an account for Male-administration and of disposing of their Lives and Liberties as they saw cause We need not go so far back for Evidence to prove this as Eugenius the 7 th who was brought to his Tryal on suspition of having murder'd his own Wife and acquitted upon discovery of the real Murderers or of Iames III. whose Minions by whose Counsel he governed were taken out of his own Bed-Chamber by the Nobles and hanged over Lauder-bridg and he himself persisting in those Courses was killed in flight after being defeated in Battle by the States and in the next Parliament was voted to be lawfully slain We have a later Instance and the Power of our Nation on that Head was largely asserted and accounted for by the Earl of Morton then Regent of Scotland in that noble Memorial he delivered in to Q. Elizabeth and her Council in defence of our proceedings against Q. Mary whom we dethron'd and in her stead set up her Son so that it is not the principle or practice of any one Party of our Nation tho it has been of late fix'd upon the Presbyterians as peculiar to them but was an Hereditary Right conveyed to us all by our Ancestors practised by Papists before the Reformation and justified by those of the Episcopal Perswasion since particularly by the Earl of Morton beforemention'd who was the first that introduc'd Bishops into our Church after the Reformation Those things are not insisted upon with any Design of applying them to his present Majesty or of incensing the People of Scotland to do so but only to inform those that put his Majesty upon such Courses that they are his greatest Enemies and do what in them lies to destroy him It is the common Right of Mankind to be protected by
We leave it then to the impartial Thoughts of the good People of England whether we have not occasion to say that our King is in the Hand of our Enemies since we are thus condemn'd without a hearing and our Nation put to the trouble and expence to send Lawyers out of the Kingdom to defend themselves before those that had already condemned them And since this is a visible effect of the Union of the Crowns by which we are every day more and more oppressed let them speak their Consciences if we have not all the reason in the World to dissolve that Union except the Nations be more closely united and upon a better footing That we were so treated in former Reigns we had no great cause to wonder when the Court was engaged in a Conspiracy against our Religion and Liberties And our Nation being inferior to none in their Zeal for both it was but natural to think that we should be the first Sacrifice But to be treated thus by a Prince who hath ventur'd his Life to save us from Popery and Slavery a Prince who for Courage in War and Conduct in Peace is not to be match'd in Story a Prince who is under God the Great Champion of our Religion and the bold Asserter of Europe's Liberty a Prince whose Family we revere and whose Person we adore a Prince for whom we have so chearfully ventur'd our Lives and lost so much of the best Blood in our Veins to be so treated by such a Prince hath some thing cutting beyond expression and proves that our Disasters are no way to be remedied but either by a total Separation or a closer Union of the two Kingdoms We cannot be so unjust to his Majesty's Character as to think a Prince of his Magnanimity could be guilty of so mean a thing as willingly to subject the Crown of his Antient Kingdom which he received free to that of another We cannot once suffer it to enter into our thoughts that he who dares to out-brave Death in the Field a thousand times a day should act so unworthy a part as first to condemn and then to try us These and all other things of that sort we must needs charge to the account of our Enemies about him who misrepresent us and therefore surprise his Majesty into any thing he does against us As to that positive Sentence of our having acted contrary to the Peace betwixt his Majesty and his Allies we have all the Reason in the World to complain of it Is our Kingdom then become so mean and contemptible that what is transacted according to the Acts of our Parliaments and Patents of our Kings is liable to be annull'd or declared illegal by any Person that has the hap to be made an English Secretary of State Governor of one of their American Plantations or a Member of their Council of Trade If it be so his Majesty's Dignity as King of Scots is well defended in the mean time when it is liable thus to be trampled upon by his own Servants as King of England This does indeed verify what has been said that our Kings since the Union leave their Antient Kingdom to the disposal of their Servants but whether this be agreeable to the Coronation Oaths of our Kings let them determine that are concern'd to enquire and perhaps it may be worth the consideration of our Neighbours whether since we have been govern'd by Servants they have not for the most part been subject to Minions and that the one does naturally pave the way for the other So that they are no great gainers by the Bargain If it be answer'd that the Proclamations are issued by his Majesty's Authority and that therefore our Sentence proceeds from his Bar We answer 1. That there are shrewd Suspitions that a certain Gentleman or two who have affected all along to shew their Zeal against the Scots in this Affair have push'd this matter beyond their Instructions for there 's no man that knows his Majesty's Justice and Wisdom can admit a thought that he would condemn us before we were heard 2. We don 't at all question his Majesty's Authority as King of England to forbid his English Subjects to give any manner of Assistance to the Scots at Darien tho we might say it was unkind but we absolutely deny that he has any Authority as King of England to condemn the Proceedings of the Subjects of Scotland for any thing they transact without the Dominions of England If it be otherwise his Majesty as King of Scots is bound to appear at the King 's Bench-bar in Westminster-Hall for what he hath done as King of Scots upon the Lord Chief Justices Summons and of what Consequence this may be to himself or his Successors may be easily judg'd Had Oliver and the other Regicides bethought themselves of this it had been more for the Honour of England and would have taken off a great deal of the odium that is charg'd upon them for cutting off King Charles had they search'd for something Criminal in his Conduct toward the English Nation as King of Scots and condemned him for that Tho they did not think upon this perhaps others may and then the English will be able to justify themselves as not having cut off their own King but their Enemy the King of Scots as there 's no doubt they would have done by King Charles II. had he not made his escape after the battle of Worcester This may perhaps deserve the thoughts of his present Majesty and others concern'd in the Succession and so much the more that the dependence of the Crown of Scotland upon that of England hath been lately asserted by some English Historians and indirectly hinted at in a pretended Answer to the Defence of the Scots Settlement at Darien p. 24. But to satisfy that Gentleman and others who please themselves so much in vilifying the Scotish Nation they may turn to the Reigns of Edward I. II. and III. and they will quickly find that Sir William Wallace K. Robert Bruce Iames Lord Douglas Thomas Randolph Earl of Murray and others that we could name did so gallantly defend the Soveraignty of Scotland against those bold Pretenders to a Superiority over us that their Successors have had no great stomach to pursue their Claim to it since So that if ever they had any it is forfeited by Prescription Oliver's imaginary Conquest so much insisted on by the dull Answerer of the Scots Defence and others will be of no use to the Faction in this matter since that was no National Quarrel nor did the English pretend to any such thing as a Conquest of us but immediatly withdrew their Forces upon the Restoration So that Oliver's Conquest as he calls it was only the Victory of one Party over another in a Civil War it being well known that he had Friends in Scotland as well as England which if that Wise Author will have Oliver's Victories to be Conquests he