A
Full
and
Exact
COLLECTION
OF
All
the
Considerable
Addresses
,
Memorials
,
Petitions
,
Answers
,
Proclamations
,
Declarations
,
Letters
and
other
Publick
Papers
,
Relating
to
the
Company
of
SCOTLAND
Trading
to
AFRICA
and
the
INDIES
,
since
the
passing
of
the
Act
of
Parliament
,
by
which
the
said
Company
was
established
in
June
1695
,
till
November
1700.
Together
with
a
short
Preface
(
including
the
Act
it self
)
as
also
a
Table
of
the
whole
Contents
.
-
Forsan
&
haec
olim
meminisse
Juvabit
.
Virg.
Grata
superveniet
,
quae
non
●●perabitur
hora.
Hor.
Printed
in
the
Year
1700
,
The
Preface
.
THe
Endeavours
of
the
Company
of
Scotland
Trading
to
Africa
and
the
Indies
in
establishing
a
Colony
and
Settlement
in
so
important
a
place
as
that
Isthmus
,
or
narrow
neck
of
Land
(
commonly
called
Darien
)
situated
upon
the
hight
of
the
World
,
between
the
spacious
South
and
North
Seas
,
and
consequently
a
fit
Center
for
so
extended
and
universal
a
Trade
as
seems
to
have
been
intended
by
the
Act
of
Parliament
establishing
that
Company
,
having
not
only
been
the
Subject-Matter
of
a
great
deal
of
Discourse
and
Speculation
,
both
Abroad
and
at
Home
,
but
also
raised
the
Jealousy
of
some
,
and
the
Envy
of
others
of
the
most
considerable
Courts
in
Europe
;
That
,
together
with
the
continued
course
of
Opposition
which
the
Company
met
with
,
in
all
its
Designs
and
Undertakings
,
gave
occasion
to
the
Writing
of
several
very
Ingenious
Books
concerning
it
.
But
these
Books
referring
very
often
to
several
publick
Papers
contain'd
in
this
Collection
,
it
is
humbly
presum'd
that
of
all
that
has
been
written
upon
that
Subject
,
nothing
can
be
more
acceptable
to
the
Publick
,
nor
of
more
real
use
,
in
giving
a
juct
View
to
indifferent
Persons
,
of
positive
Matters
of
Fact
,
without
any
artificial
Embellishments
or
Reflections
thereupon
,
than
the
following
Collection
,
taken
as
near
as
possible
from
the
very
Original
Papers
themselves
.
It
's
true
there
was
a
small
Collection
of
this
kind
Printed
formerly
,
under
the
Title
of
Original
Papers
,
&c.
But
the
haste
in
which
,
it
seems
,
that
Collection
was
done
,
giving
probably
occasion
to
its
being
very
imperfect
in
many
respects
,
and
it
containing
scarcely
the
Third
Part
of
what
this
does
,
it
was
thought
fit
for
the
General
Satisfaction
of
all
contending
Parties
and
others
,
to
make
this
Collection
with
more
deliberation
,
and
as
compleat
as
possible
,
to
the
end
that
there
may
be
no
occasion
for
any
further
Additions
to
it
,
unless
future
events
afford
matter
for
a
Second
Volume
:
And
that
the
Reader
may
likewise
see
how
far
the
measures
taken
by
the
Company
are
warranted
by
the
Act
of
Parliament
by
which
it
was
established
,
an
exact
Copy
of
the
Act
of
Parliament
it self
,
is
hereunto
subjoyned
.
ACT
FOR
A
COMPANY
Trading
to
AFRICA
and
the
INDIES
.
June
26.
1695.
OUR
SOVERAIGN
LORD
Taking
into
His
consideration
;
That
by
an
Act
past
in
this
present
Parliament
,
Intituled
,
Act
for
Encouraging
of
Forraign
Trade
;
His
Majesty
for
the
Improvement
thereof
,
did
with
Advice
&
Consent
of
the
Estates
of
Parliament
Statute
and
Declare
,
that
Merchants
more
or
fewer
may
Contract
and
enter
into
such
Societies
and
Companies
for
carrying
on
of
Trade
,
as
to
any
Subject
of
Goods
or
Merchandise
to
whatsomever
Kingdoms
,
Countries
,
or
Parts
of
the
World
not
being
in
War
with
His
Majesty
,
where
Trade
is
in
use
to
be
,
or
may
be
followed
,
and
particularly
beside
the
Kingdoms
and
Countries
of
Europe
,
to
the
East
and
West-Indies
,
the
Streights
&
to
Trade
in
the
Mediterranean
.
or
upon
the
Coast
of
Africa
,
or
in
the
Northern
Parts
,
or
else
where
as
above
:
Which
Societies
and
Companies
being
contracted
and
entred
into
,
upon
the
terms
,
and
in
the
usual
manner
as
such
Companies
are
set
up
,
and
in
use
in
other
parts
,
consistent
always
with
the
Laws
of
this
Kingdom
:
His
Majesty
with
consent
foresaid
,
did
allow
and
Ap
,
prove
,
giving
and
granting
to
them
,
and
each
of
them
,
all
Powers
,
Rights
and
Priviledges
,
as
to
their
Persons
,
Rules
and
Orders
that
by
the
Laws
are
given
to
Companies
allowed
to
be
Erected
for
Manufactories
;
And
His
Majesty
for
their
greater
Encouragement
,
did
promise
to
give
to
these
Companies
,
and
each
of
them
,
His
Letters
patent
under
the
Great
Seal
,
confirming
to
them
the
whole
foresaid
Powers
and
Priviledges
,
with
what
other
Encouragement
His
Majesty
should
judge
needfull
,
as
the
foresaid
Act
of
Parliament
at
more
length
bears
.
And
His
Majesty
understanding
that
several
Persons
,
as
well
Forreigners
as
Natives
of
this
Kingdom
,
are
willing
to
engage
themselves
with
great
Sums
of
Money
in
an
American
;
African
,
and
Indian
Trade
,
to
be
exercised
in
and
from
this
Kingdom
,
if
Inabled
and
Incouraged
thereunto
by
the
Concessions
,
Powers
and
Priviledges
needfull
and
usual
in
such
Cases
.
Therefore
and
in
pursuance
of
the
foresaid
Act
of
Parliament
,
His
Majesty
with
Advice
and
Consent
of
the
said
Estates
of
Parliament
;
Doth
hereby
make
and
constitute
John
Lord
Belhaven
,
Adam
Cockburn
of
Ormistoun
Lord
Justice
Clerk
,
Mr.
Francis
Montgomery
of
Giffen
,
Sir
John
Maxwell
of
Pollock
,
Sir
Robert
Chiesly
present
Provost
of
Edinburgh
,
John
Swinton
of
that
Ilk
,
George
Clerk
late
Baillie
of
Edinburgh
,
Mr.
Robert
Blackwood
,
and
James
Balfour
Merchants
in
Edinburgh
,
and
John
Corss
Merchant
in
Glasgow
.
William
Paterson
Esquire
,
James
Foulis
,
David
Nairn
Esquire
,
Thomas
Deans
Esquire
,
James
Chiesly
;
James
Smith
,
Thomas
Couts
,
Hugh
Frazer
,
Joseph
Cohen
D'
Azevedo
,
and
Walter
Steuart
Merchants
in
London
,
with
such
others
as
shall
joyn
with
them
within
the
space
of
twelve
Months
after
the
first
of
August
next
,
and
all
others
,
whom
the
foresaid
persons
and
these
joyned
with
them
,
or
major
part
of
them
being
assembled
,
shall
admit
and
joyn
into
their
Joint-Stock
and
Trade
,
who
shall
all
be
Repute
,
as
if
herein
originally
insert
to
be
one
Body
Incorporate
,
and
a
free
Incorporation
,
with
perpetual
Succession
,
by
the
Name
of
the
CGMPANY
of
SCOTLAND
Trading
to
Africa
and
the
Indies
:
Providing
always
,
Likeas
,
It
is
hereby
in
the
first
place
provided
,
that
of
the
Fond
or
Capital
Stock
that
shall
be
agreed
to
be
Advanced
and
Imployed
by
the
foresaid
Undertakers
and
their
Copartners
,
The
Half
at
least
shall
be
Appointed
and
Allotted
for
Scots
Men
within
this
Kingdom
,
who
shall
enter
and
Subscribe
to
the
said
Company
,
before
the
first
day
of
August
,
One
Thousand
Six
Hundred
and
Ninety
Six
Years
:
And
if
it
shall
happen
,
that
Scots
Men
living
within
this
Kingdom
,
shall
not
betwixt
and
the
foresaid
Term
,
subscribe
for
,
and
make
up
the
equal
half
of
the
said
Fond
or
Capital
Stock
;
Then
and
in
that
case
allennarly
it
shall
be
,
and
is
hereby
allowed
to
Scots
Men
residing
abroad
,
or
to
Forreigners
,
to
come
in
,
Subscribe
,
and
to
be
assumed
for
the
Superplus
of
the
said
half
,
and
no
otherways
:
Likeas
,
the
Quota
of
every
Mans
part
of
the
said
Stock
,
whereupon
he
shall
be
capable
to
enter
into
the
said
Company
,
whether
he
be
Native
or
Forreigner
,
shall
be
for
the
least
,
one
Hundred
lib.
sterl
.
And
for
the
Highest
or
Greatest
,
Three
Thousand
lib.
Sterl
.
and
no
more
directly
nor
indirectly
in
any
sort
;
With
power
to
the
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
suc●
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
allena●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
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
●●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
,
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
,
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
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
,
WE
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
●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/●
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
the
Advances
made
,
as
readily
as
propos'd
;
yet
the
Directors
and
Managers
,
did
proceed
with
great
Deliberation
,
not
being
more
Cautious
to
Conceal
the
Place
where
they
were
design'd
for
,
than
Careful
to
make
such
a
Choice
,
as
might
be
exactly
in
the
Terms
of
their
Act
and
Patent
,
To
wit
.
Either
not
Inhabited
,
or
freely
Consented
to
,
by
the
Natives
,
and
not
possess'd
by
any
European
Prince
or
State
,
and
so
lyable
to
no
Exception
.
In
pursuance
of
these
Resolutions
,
The
Company
prepared
Men
,
and
Provisions
,
and
set
out
their
Ships
,
and
in
the
Month
of
November
1698
,
arrived
on
the
Noth-side
of
the
Isthmus
of
Darien
in
America
,
they
pitched
upon
a
Place
never
before
possess'd
by
the
Spaniards
;
and
after
formal
and
distinct
Treaties
,
obtained
the
Consent
and
Good-will
of
all
the
Neighbouring
Natives
and
People
.
The
Spaniards
and
French
raise
a
Clamour
against
the
Settlement
,
as
an
Invasion
of
the
Spanish
Possessions
and
Dominions
,
in
as
much
as
the
Place
where
the
Company
hath
fixed
,
lyes
as
it
were
in
the
Middle
and
Bosom
of
the
Spanish
Countries
,
having
Carthagena
on
the
East
,
and
Porto-Bello
on
the
West
,
and
Panama
on
the
South
,
which
is
also
alledged
to
be
contrary
to
the
Treaties
betwixt
the
King
of
Great
Brittain
and
the
King
of
Spain
,
whereby
all
these
Countrie
's
are
yeilded
and
conformed
to
the
Spaniards
If
these
parts
of
America
had
been
wholly
Void
and
Uninhabited
,
when
the
Spaniards
made
their
first
Discoveries
,
and
Plantations
there
,
the
Question
had
certainly
proceeded
upon
the
head
of
Occupation
,
the
only
Ground
acknowledg'd
by
all
Lawyers
to
determine
the
Property
of
all
Waste
and
Uninhabited
Countries
,
where
a
formal
Division
hath
not
Interveened
,
as
Grotius
in
particular
,
in
his
Second
Book
de
jure
Belli
doth
abundantly
clear
,
and
then
the
Spaniards
must
have
further
Subsumed
,
That
as
they
found
these
Countries
Waste
,
so
they
were
the
Occupiers
and
Possessors
thereof
;
and
in
Special
,
that
they
were
the
first
Occupiers
and
Possessors
of
the
Isthmus
of
Darien
,
and
the
Place
where
the
Company
hath
Settled
,
it
being
most
certain
,
that
Occupation
gives
no
Right
,
save
in
so
far
as
the
Real
and
Actual
Possession
extends
.
But
seing
on
the
other
hand
,
it
is
Nottour
,
and
by
all
Acknowledg'd
,
That
the
Spaniards
did
not
find
these
Parts
Waste
,
and
Uninhabited
,
this
Argument
must
necessarily
fall
;
and
all
that
the
Spaniards
can
now
Plead
,
is
either
present
Possession
,
which
the
Company
's
Patent
owns
to
be
a
sufficient
Right
to
any
European
Prince
or
State
,
or
the
above-mention'd
Treaties
,
as
exclusive
of
the
King
of
Great
Brittain's
Subjects
.
For
clearing
then
the
Claim
and
Point
of
Possession
,
The
Company
denies
that
ever
the
Spaniard
had
any
Possession
of
the
Place
where
they
have
Planted
;
and
it
s
obviously
Incumbent
to
the
Spaniard
,
if
they
alledge
Possession
,
to
prove
and
instruct
their
Alledgance
for
the
Company
's
Argument
being
Negative
,
viz.
That
the
Spaniards
did
never
Possess
the
Country
where
the
Company
hath
Settled
,
it
Undeniably
proves
it self
,
as
all
Lawiers
affirm
,
unless
the
contrary
,
to
wit
,
The
Spaniards
Possession
,
be
evidently
made
out
and
proved
,
which
is
impossible
;
Nor
do
the
Spaniards
pretend
to
prove
the
same
;
But
their
Alledgance
is
,
That
in
these
large
Countries
of
America
,
it
were
plainly
Capricious
to
require
the
Actual
Possession
of
every
particular
Place
;
But
since
they
have
the
Uncontraverted
Right
and
Possession
of
Carthagena
,
Porto-Bello
,
and
Panama
,
which
are
the
Extremities
that
in
a
manner
environ
the
Isthmus
of
Darien
,
their
Possession
of
these
Places
,
must
infer
a
Possession
of
the
Interjacent
Country
in
which
the
Company
hath
Settled
,
and
consequently
,
that
the
Company
hath
Encroached
upon
,
and
Invaded
their
Right
:
And
further
,
it
s
said
,
That
the
Spaniards
have
actually
possess'd
Gold
and
Silver
Mines
in
Darien
,
much
nearer
to
the
Company
's
Settlement
than
Carthgena
,
or
these
other
Places
,
and
have
constantly
been
in
use
to
Seize
and
make
Prize
of
all
Ships
coming
upon
the
Coast
,
betwixt
Porto
Bello
and
Carthagena
,
as
Invaders
of
their
Possessions
,
tho'
these
Ships
did
really
pertain
to
Friends
and
Allies
.
To
all
which
,
It
is
answered
,
1mo
.
That
the
above-mentioned
Places
belonging
to
the
Spaniard
,
are
very
far
distant
from
the
Settlement
of
the
Company
,
Carthagena
above
Fifty
,
and
Porto-bello
and
Panama
above
Thirty
Leagues
,
which
Distances
are
more
then
sufficient
to
render
Countries
distinct
,
both
as
to
Right
and
Possession
.
2do
.
It
's
certain
,
that
Carthagena
,
Porto-bello
or
Panama
,
cannot
be
understood
to
have
unlimited
Territories
;
if
then
their
Territories
be
limited
,
it
belongs
to
the
makers
of
the
Objection
to
show
,
that
the
Limits
of
these
places
do
reach
to
,
and
comprehend
the
Place
possess'd
by
the
Company
,
which
neither
the
Spaniards
,
nor
any
for
them
,
will
ever
be
able
to
prove
,
by
the
Law
of
Nations
,
or
any
known
Rule
,
or
Custom
in
such
Cases
.
It
hath
already
been
Notic'd
,
That
tho'
these
Countries
had
been
wholly
Void
,
when
the
Spaniards
begun
to
Plant
there
,
they
could
only
by
their
Possession
have
appropriat
as
far
as
they
did
possess
,
and
that
what
was
not
possess'd
,
would
have
remain'd
free
,
to
be
appropriated
by
the
Occupation
,
and
possession
of
any
other
People
,
a
Rule
Uncontraverted
amongst
all
Nations
on
the
Face
of
the
Earth
.
But
the
Case
of
America
being
,
That
before
any
Plantations
were
Settled
there
,
by
the
Spaniards
,
the
Natives
were
undoubtedly
the
Possessors
and
Proprietors
.
It
follows
necessarly
,
That
Colonies
coming
to
Settle
among
them
,
must
derive
Right
from
them
,
and
that
either
by
Consent
,
Surrender
,
or
Conquest
,
it
being
impossible
in
the
case
of
Countries
inhabited
,
there
can
be
any
other
Manner
or
Mean
of
Acquisition
;
But
so
it
is
,
That
the
Spaniards
acquiring
after
this
manner
,
neither
could
,
nor
can
pretend
to
have
Right
to
more
than
did
pertain
to
the
People
where
they
Settled
,
whether
by
Consent
,
Surrender
or
Conquest
.
Whence
it
necessarly
follows
,
That
since
Darien
was
a
distinct
Country
,
and
the
Inhabitants
thereof
a
distinct
People
,
from
those
Countries
and
Nations
,
where
the
Spaniards
have
hitherto
Settled
whether
by
Consent
,
Surrender
,
or
Conquest
;
The
Spaniards
cannot
pretend
to
extend
their
Right
beyond
that
of
their
Predecessors
,
and
the
People
&
Country
of
Darien
must
still
be
as
free
from
the
Spaniards
,
as
they
were
from
their
Predecessors
;
and
consequently
,
that
the
Company
coming
to
possess
with
the
Dariens
Consent
,
and
by
their
Right
,
must
be
in
the
like
Condition
,
and
noways
lyable
to
either
the
Claim
,
or
Complaint
of
the
Spaniards
,
That
the
Country
and
Natives
of
Darien
did
never
submit
to
,
or
were
conquered
by
the
Spaniards
,
must
stand
as
a
sure
Position
,
unless
the
contrary
be
proven
:
But
further
,
it
is
also
certain
,
That
the
Dariens
were
never
Repute
to
have
any
Dependency
even
on
the
great
Empires
of
Mexico
and
Peru
,
much
less
upon
the
little
places
of
Carthagena
,
Porto-bello
,
or
Panama
:
Besides
,
The
Dariens
have
been
in
frequent
War
with
the
Spaniards
,
since
their
first
arrival
into
these
Parts
,
and
were
never
to
this
day
Conquered
:
All
which
being
attested
by
the
English
,
and
other
Travellers
,
who
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
West-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
Violence
and
Hostility
,
as
if
every
Settlement
in
America
were
an
Encroachment
upon
the
Right
of
Spain
.
There
is
lately
a
Memorial
offered
in
behalf
of
the
King
of
Spain
,
to
one
of
the
Secretaries
of
State
of
the
Kingdom
of
England
,
to
the
Effect
following
.
My
Lord
Ambassador
of
Spain
finding
himself
oblig'd
,
by
express
Order
,
to
represent
to
His
Majesty
of
Brittain
what
follows
,
Prays
Mr.
Vernon
to
represent
to
his
said
Majesty
,
That
the
King
his
Master
,
being
informed
from
several
parts
,
and
last
of
all
,
by
the
Governour
of
Havana
,
of
the
Insult
and
Attempt
of
some
Scots
Ships
,
equipt
with
Men
and
Ammunition
necessary
,
who
endeavours
to
post
themselves
in
the
Soverign
Dominions
of
His
Majesty
in
America
,
and
particularly
in
the
Province
of
Darien
.
His
Majesty
received
this
Information
with
Dissatisfaction
,
as
a
Mark
of
little
Amity
,
and
a
Rupture
of
the
Alliance
which
is
betwixt
the
two
Crowns
,
which
His
Majesty
hath
always
observed
very
Religiously
,
and
from
which
so
much
Advantage
and
Profit
hath
resulted
,
both
to
His
Majesty
and
his
Subjects
,
after
which
good
Correspondence
,
His
Majesty
did
not
exspect
such
sudden
Attempts
&
Insults
from
His
Majestys
Subjects
,
and
that
in
time
of
Peace
,
without
any
Pretext
or
Cause
,
in
the
most
inward
part
of
his
Dominions
.
All
that
the
King
desires
,
That
this
be
presented
to
His
Majesty
of
Brittain
,
and
that
His
Majesty
is
very
sensible
of
such
Hostilities
and
Unjust
Procedures
,
against
which
,
His
Majesty
will
take
such
Measures
as
are
convenient
.
London
,
May
3d.
1699.
THe
Charge
is
great
,
and
if
it
can
be
made
appear
,
that
the
King
of
Spain
is
Invaded
,
as
is
pretended
,
it
is
but
Reason
there
should
be
just
Reparation
.
It
must
be
acknowledged
,
That
it
is
a
fair
way
of
dealing
,
that
the
Spanish
Rights
and
Pretensions
are
thus
asserted
by
Memorial
,
and
an
Opportunity
afforded
,
and
that
the
whole
World
may
be
satisfied
,
that
His
Sacred
Majesty
,
the
King
of
Great
Brittain
,
hath
granted
no
Patent
to
His
Subjects
in
Scotland
disagreeable
to
Treaties
with
Spain
,
and
that
the
Scots
Company
have
not
exceeded
the
Limits
of
their
Patent
,
to
the
prejudice
of
Spain
.
There
may
be
many
Reasons
offered
to
satisfy
Spain
,
and
all
other
Nations
of
Europe
,
except
the
French
,
that
if
the
Scots
had
not
settled
in
that
Isthmus
,
or
if
they
were
now
to
remove
from
it
,
the
same
would
be
possess'd
by
another
People
,
more
dangerous
to
the
Interest
of
Spain
,
and
in
due
time
it
may
be
made
appear
,
that
the
Scots
Settlement
is
for
the
Honour
of
the
King
,
&
the
Interest
of
England
,
but
the
present
design
is
only
to
satisfie
the
World
,
that
the
Patent
granted
by
His
Majesty
,
was
agreeable
to
the
Treaty
with
Spain
,
and
that
the
Scots
Company
have
not
exceeded
the
Terms
of
their
Patent
,
and
that
they
have
Right
to
what
they
possess
in
the
Isthmus
of
Darien
,
according
to
the
Law
of
Nations
,
and
that
most
part
of
the
Nations
in
Europe
have
settled
Plantations
in
the
American
Islands
,
or
Continent
,
upon
no
other
Foundation
than
the
Scots
.
It
is
the
Interest
and
Policy
of
all
Governments
,
to
improve
the
Natural
Product
of
a
Countrey
,
and
to
encourage
Forreign
Trade
.
The
Experience
of
all
Nations
makes
appear
,
That
nothing
contributes
so
effectually
to
these
ends
,
as
Forreign
Plantations
.
Scotland
is
amongst
the
last
of
the
Nations
of
Europe
,
in
settling
Forreign
Plantations
,
tho'
there
be
few
that
can
propose
more
Advantage
that
way
,
because
the
Nation
affords
many
Subjects
of
Manufacture
,
and
abounds
in
Men
,
which
is
the
greatest
Riches
,
as
well
as
the
Strength
of
a
Nation
;
Yet
for
want
of
Forreign
Plantations
,
many
have
been
useless
and
burdensome
to
their
Native
Countrey
,
and
have
been
constrained
to
serve
Abroad
in
Forreign
Wars
,
or
into
Plantations
of
other
Countreys
:
And
it
is
to
be
observed
,
that
wherever
they
have
planted
,
they
have
encreased
and
multiplied
,
as
particularly
in
Ireland
,
but
no
part
of
the
Benefit
does
accrue
to
their
Native
Countrey
.
The
Nation
has
very
long
desired
Forreign
Settlements
of
their
own
,
and
did
make
some
Attempts
that
way
,
which
proved
ineffectual
for
want
of
due
Encouragement
,
but
His
Sacred
Majesty
,
as
Father
of
his
Countrey
,
regarding
the
Welfare
of
it
,
did
endue
the
same
with
suteable
Encouragements
by
the
32d
.
Act
,
Par.
1693.
and
by
the
8th
.
Act
,
Par.
1695.
Yet
both
these
Laws
were
granted
with
a
due
regard
to
all
former
Planters
;
And
did
only
allow
them
to
plant
Colonies
,
build
Cities
,
Towns
,
and
Forts
in
Asia
,
Africa
,
and
America
,
upon
Places
not
inhabited
,
or
in
,
or
upon
any
other
Place
,
by
Consent
of
the
Natives
,
or
Inhabitants
thereof
,
and
not
possessed
by
any
European
Sovereign
,
Potentate
,
Prince
or
State
.
By
these
Acts
of
Parliament
,
and
Patent
conform
,
His
Majesty
did
sufficiently
provide
,
that
the
Possession
of
no
European
Prince
should
be
invaded
or
molested
:
And
if
Spain
be
injured
,
the
Company
must
acknowledge
,
that
the
Injury
flows
from
them
,
by
exceeding
the
Limits
of
their
Patent
.
It
remains
to
be
cleared
in
behalf
of
the
Company
,
that
they
have
strictly
observed
the
Rules
prescrib'd
by
the
said
Acts
and
Patent
.
The
King
of
Spain's
Title
to
America
by
the
Pope's
Bull
,
is
rejected
by
the
common
Consent
of
all
the
Princes
and
States
in
Europe
,
who
could
not
have
settled
there
without
Injury
to
Spain
,
if
the
Pope's
Bull
had
been
a
sufficient
Title
;
and
neither
Spain
or
Portugal
hath
relyed
upon
that
Title
,
the
one
having
planted
in
the
East-Indies
,
and
the
other
in
the
West
,
without
regard
to
it
:
And
this
Title
is
sufficiently
discussed
by
Grotius
in
his
Mare
Liberum
,
Cap.
3.
and
will
never
be
insisted
on
any
where
,
and
least
of
all
in
Brittain
.
America
being
inhabited
by
Natives
,
before
Spain
or
any
European
People
settled
there
,
it
is
most
certain
,
that
the
Right
and
Property
did
originally
belong
to
these
Natives
,
because
the
Earth
was
created
for
;
and
freely
given
by
the
Creator
to
the
Children
of
Men
,
and
the
most
Ancient
and
Uncontraverted
Right
of
Property
of
the
Earth
is
by
Occupation
and
Possession
,
which
is
an
outward
Act
of
the
Body
quasi
positio
pedis
,
and
not
an
inward
Act
of
the
Mind
,
which
cannot
be
known
to
others
,
beside
many
Mens
wills
might
concur
in
wishing
and
liking
the
same
thing
,
but
their
Bodies
cannot
concur
in
possessing
it
,
and
an
outward
Act
of
Possession
warns
others
to
abstain
.
The
Property
that
originally
belonged
to
the
Natives
,
could
only
be
transferred
from
them
to
Spain
by
Conquest
or
Consent
,
and
Spain
can
pretend
neither
of
these
Titles
to
the
Isthmus
where
the
Scots
have
settled
.
It
is
alledg'd
for
Spain
,
That
they
do
possess
the
Isthmus
of
Darien
,
in
as
far
as
they
are
undoubted
Masters
of
the
Bay
of
Panama
,
and
the
whole
Coast
of
the
Isthmus
upon
the
South
Sea
:
They
have
likewise
Carthagena
and
Portobello
on
the
North
Sea
,
and
they
are
Masters
of
the
whole
Countrey
betwixt
Carthagena
and
Portobello
,
and
so
must
be
reckoned
Possessors
of
all
,
because
Possession
doth
not
require
the
particular
Occupation
of
every
part
of
a
Countrey
,
but
Occupation
of
one
part
is
a
sufficient
Act
to
demonstrate
the
Will
and
Intention
to
possess
the
whole
Pertinents
:
And
the
Spaniards
having
possess'd
these
two
Extremes
,
the
middle
Space
belongs
to
them
,
especially
seing
they
have
also
settled
in
other
Places
betwixt
these
two
,
as
their
Conveniency
did
require
,
tho'
they
did
afterwards
quite
these
Possessions
,
as
particularly
they
once
possessed
Nombre
de
Dios
,
and
did
also
plant
within
the
River
Darien
,
and
tho'
they
did
quite
these
Possessions
,
they
did
not
relinquish
or
repudiate
their
Right
,
but
being
better
informed
,
they
choosed
more
convenient
Seats
,
but
still
reckoned
themselves
Proprietors
of
the
whole
Isthmus
,
and
divided
the
same
in
several
Jurisdictions
.
And
the
Natives
upon
that
Isthmus
were
a
mean
inconsiderable
People
not
to
be
regarded
,
who
could
not
be
thought
to
retain
any
Right
or
Property
in
Opposition
to
the
Power
of
Spain
.
They
further
add
,
That
Spain
hath
been
considered
as
undoubted
Proprietors
of
the
Bay
of
Mexico
,
and
of
that
Isthmus
,
by
other
Nations
in
Christendom
,
and
most
particularly
by
the
English
,
as
is
well
known
,
and
will
clearly
appear
in
two
remarkable
Instances
.
Several
English
Merchants
having
advanc'd
their
Stock
,
for
settling
a
Plantation
at
Port-Royal
in
the
Bottom
of
the
Bay
of
Campechay
,
for
cutting
of
Logwood
,
they
desired
the
Countenance
and
Protection
of
the
Government
,
for
carrying
on
this
profitable
Trade
:
The
Case
was
considered
by
the
Council
of
England
,
and
it
was
not
found
just
,
to
allow
the
Protection
of
the
Government
,
but
were
only
left
in
a
Permissive
State
,
to
manage
their
Trade
upon
their
Peril
.
The
Second
Case
,
which
comes
closer
to
the
present
Question
,
was
a
Proposal
by
certain
English
Undertakers
to
settle
in
Darien
,
as
the
Scots
have
done
,
which
being
brought
to
the
Council
of
Trade
of
England
,
and
by
them
laid
before
the
Lords
Justices
in
His
Majesties
Absence
,
and
transmitted
to
the
King
himself
;
Upon
a
full
Consideration
of
the
Case
,
that
Project
was
thought
to
be
an
Encroachment
upon
Spain
,
and
let
fall
.
The
King
himself
,
and
Council
of
England
,
being
satisfied
of
the
Right
of
Spain
,
in
these
particular
Cases
of
English
Undertakers
,
the
same
Judgment
ought
to
follow
,
in
relation
to
the
Scots
Company
.
To
all
that
is
alledged
,
it
's
shortly
and
clearly
Answered
,
That
Spain
hath
neither
Right
by
Treaties
nor
Possession
to
the
Countrey
now
possess'd
by
the
Scots
:
And
,
1st
.
Tho'
it
be
acknowledg'd
,
that
the
Spaniards
have
more
Strength
,
and
larger
Possessions
on
the
South
,
than
upon
the
North
Sea
,
yet
no
Possession
there
can
be
extended
to
the
North-side
of
the
Isthmus
,
being
possess'd
by
a
People
Independent
,
who
never
received
the
Spaniards
,
or
became
subject
to
them
:
The
Spaniards
indeed
have
made
great
Settlements
upon
the
South
Sea
,
and
in
so
far
as
they
have
possess'd
,
have
restricted
the
Natives
to
narrower
Bounds
;
but
the
Indians
still
continuing
to
possess
what
remains
,
Possession
on
the
Coast
,
or
the
Mouths
of
Rivers
on
the
South
Sea
,
can
never
be
extended
to
the
North
Coast
:
And
the
Spaniard
can
condescend
upon
no
Ground
in
Law
or
Reason
for
such
an
Extension
,
nor
can
they
make
appear
,
that
what
the
Scots
possess
is
Part
and
Pertinent
of
their
Plantation
,
especially
considering
that
the
Isthmus
of
Darien
is
naturally
divided
by
a
Ridge
of
high
Hills
running
from
East
to
West
.
Neither
doth
the
possession
of
Carthagena
and
Porto-bello
,
give
Right
to
the
interveening
Countrey
,
which
is
above
80
Leagues
or
240
English
Miles
,
and
these
particular
Forts
,
as
well
as
the
whole
Spanish
Plantations
on
the
South
Sea
,
being
fixt
without
consent
of
the
Natives
,
who
continue
their
Possession
in
the
interveening
Countrey
,
without
any
Subjection
to
,
or
acknowledgment
of
the
Spaniard
:
It
lyes
upon
the
Spaniards
to
condescend
by
what
Rule
the
Limits
of
these
Possessions
can
be
so
far
extended
.
As
to
what
is
alledged
,
That
the
Spaniards
have
other
Plantations
nearer
to
the
Scots
Settlement
from
which
they
removed
,
but
still
retain
Possession
and
Jurisdiction
.
It
is
Answered
,
Admitting
the
matter
of
Fact
.
as
alledged
,
it
comes
to
nothing
;
For
still
it
is
to
be
remembred
,
That
the
Spaniard
will
not
pretend
to
have
planted
with
the
consent
of
the
Natives
:
Nor
,
that
the
Darien
Indians
have
ever
acknowledg'd
Subjection
;
but
they
planted
by
Force
and
Violence
:
And
therefore
,
whatever
Forts
they
made
in
the
Isthmus
of
Darien
,
the
moment
that
these
Plantations
were
left
,
the
Right
and
Possession
of
the
Natives
did
return
.
It
is
freely
acknowledged
,
That
Possession
lawfully
obtain'd
by
an
outward
Act
of
the
Body
,
is
retain'd
by
Acts
of
the
Mind
,
if
no
other
possess
;
but
when
Possession
is
taken
by
way
of
Fact
,
and
not
actually
detained
,
the
Right
and
Possession
returns
to
the
lawful
Proprietor
.
2.
This
alledged
Possession
of
Nombre
de
Dios
,
and
in
the
River
of
Darien
,
is
only
pretended
to
have
been
at
their
first
Settlement
in
America
,
before
they
possess'd
Carthagena
and
Porto-bello
.
3.
None
of
these
pretended
Settlements
are
within
20
Leagues
of
the
Scots
Colony
;
And
tho
Spain
had
yet
Plantations
there
,
the
Limits
could
as
little
be
extended
to
20
Leagues
beyond
the
actual
Possession
as
to
a
Thousand
:
Neither
can
the
Spaniards
prove
any
Act
of
Jurisdiction
over
the
Darien
Indians
,
whatever
Title
they
may
think
fit
to
give
to
Governours
or
Vice-Roy's
in
America
,
the
Scots
do
neither
know
,
nor
are
oblig'd
to
notice
the
same
:
If
Titles
were
enough
,
the
King
of
Spain
assumes
a
Glorious
Title
of
Indiarum
Rex
,
but
he
has
no
more
Jurisdiction
over
the
Darien
Indians
,
than
in
the
Plantations
of
any
other
European
Prince
.
As
to
what
is
alledg'd
upon
the
Opinions
given
by
the
King
and
Council
of
England
,
in
relation
to
His
Majesty's
English
Subjects
projecting
Settlements
in
America
,
The
Circumstances
of
the
Projects
,
and
the
Motives
of
any
Resolution
taken
in
them
,
are
wholly
unknown
to
the
Scots
,
and
nothing
can
be
founded
on
such
Matters
of
Fact
,
unless
the
whole
Circumstances
were
Authentically
instructed
or
acknowledg'd
,
but
whatever
was
thought
proper
in
these
Cases
,
nothing
can
be
inferred
from
thence
to
determine
this
.
A
Project
is
to
be
regulated
either
by
Law
or
by
Conveniency
;
And
it
's
very
ordinary
and
suteable
,
That
his
Majesty
and
the
Government
may
discourage
the
Project
of
an
Undertaking
,
if
not
Convenient
,
tho
lawful
:
But
when
a
Project
is
Undertaken
,
Carried
on
,
and
a
Settlement
made
in
pursuance
of
express
Acts
of
Parliament
,
and
conform
to
a
Patent
,
there
's
no
more
place
to
Deliberate
what
is
fit
,
but
what
is
Lawful
.
If
the
whole
Circumstances
were
known
,
many
Disparities
might
also
appear
,
and
from
the
bare
relation
of
the
Case
of
the
intended
Settlement
in
the
Bay
of
Campechay
a
manifest
Disparity
is
evident
.
The
Bay
of
Campechay
is
in
the
Province
of
Nicaragua
,
in
the
Diocess
of
Chiapo
,
which
Province
and
Bishoprick
,
are
part
of
the
Ancient
Empire
of
Mexico
,
which
was
conquered
by
Spain
.
By
the
Conquest
of
Mexico
,
the
King
of
Spain
as
Conquerour
,
had
Right
of
Sovereignty
as
far
as
the
Dominions
of
Mexico
did
extend
,
and
the
Right
and
Possession
of
the
Conquered
People
may
reasonably
be
reckoned
to
become
the
Possession
of
the
Conquerour
;
And
therefore
a
Settlement
in
Nicaragua
or
Bay
of
Campechay
might
be
reckoned
a
down
Right
Encroachment
upon
Spain
,
which
cannot
be
drawn
in
Consequence
to
a
Settlement
upon
Darien
,
because
the
Spaniards
can
condescend
upon
no
Title
or
Right
beyond
their
actual
Possession
;
for
the
Dariens
were
never
subdued
,
nor
did
they
ever
depend
upon
Mexico
or
Peru
,
or
any
Prince
or
People
subdued
by
the
Spanirds
.
And
further
,
whatever
be
urged
from
these
Cases
,
yet
it
can
be
made
appear
,
That
the
Undertaking
to
settle
in
Campechay
was
effectual
,
and
the
Cart
is
marked
Port-Royal
English-Colony
;
and
't
is
known
that
the
English
cutt
Logwood
at
Cape-Catach
in
Jucatan
till
the
Charge
of
Carriage
render'd
it
unprofitable
,
and
thereafter
Settled
at
Port-Royal
for
the
same
Effect
,
where
there
is
plenty
of
Logwood
appropriated
to
the
English
.
It
is
also
acknowledg'd
,
That
the
Darien-Indians
are
no
powerful
People
,
or
able
by
themselves
to
resist
the
Impressions
of
Spain
,
but
the
point
of
Right
and
Property
is
the
same
in
Rich
and
Poor
,
Strong
and
Weak
,
and
they
might
lawfully
transfer
their
Right
,
and
assume
the
Scots
or
any
other
Nation
to
support
or
maintain
the
Right
and
Possession
of
that
Isthmus
,
in
as
far
as
it
was
free
from
the
Spanish
Dominions
.
Yet
the
Dariens
were
not
wholly
neglected
by
the
Spaniards
as
inconsiderable
,
for
there
have
been
frequent
and
almost
constant
Wars
between
them
and
Spain
,
in
which
the
several
Captains
and
Carriques
have
joyned
together
,
and
there
is
a
famous
Case
of
Barth
:
Sharp
,
who
being
accused
in
England
as
guilty
of
Piracy
and
Robbery
committed
upon
the
Indians
,
he
defended
himself
as
acting
by
Commission
from
Independent
Native
Indians
then
at
War
with
Spain
,
and
was
acquitted
.
The
Right
of
the
Scots
Colony
,
as
flowing
from
the
Native
Indians
,
is
already
sufficiently
cleared
,
according
to
the
most
Ancient
and
Authentick
Laws
of
Property
,
acknowledg'd
by
all
Nations
:
And
for
a
further
Evidence
and
Demonstration
of
what
has
been
asserted
,
and
already
sufficient-proven
the
Settlement
of
the
English
,
French
,
Danes
,
Portugueses
,
and
Dutch
,
will
all
be
found
to
be
Bottomed
on
the
same
Ground
.
The
Spanish
are
the
most
Ancient
Planters
,
and
if
Spain
pretend
to
any
Universal
Title
,
either
by
Occupation
of
a
part
,
or
by
the
Popes
Gift
,
or
any
other
Right
,
he
thereby
excludes
the
Claim
of
all
Posterior
Planters
,
either
in
the
Continent
,
or
American
Islands
,
which
could
not
be
thought
to
be
separate
and
indifferent
Dominions
:
And
if
Spain
recede
from
any
Universal
Title
to
the
whole
,
it
will
not
be
possible
to
extend
his
Claim
beyond
his
proper
Possession
,
or
the
Possessions
of
these
that
are
Subduced
and
Conquered
by
Spain
:
And
if
this
be
called
in
Question
,
it
is
expected
,
That
some
other
Title
will
be
condescended
upon
,
that
may
clear
the
Limits
and
Extent
of
the
Spanish
Colonies
,
so
as
to
make
a
Difference
betwixt
the
Scots
Settlement
in
Darien
,
and
the
Settlement
of
other
Princes
in
the
American
Islands
or
Continent
.
The
Empires
of
Mexico
and
Peru
are
known
,
and
may
be
yielded
to
Spain
,
but
the
remainder
of
that
vast
Countrey
was
anciently
possess'd
by
little
Princes
,
or
rather
Captains
or
Heads
of
Families
or
Cariques
,
who
have
no
Dependance
upon
each
other
,
nor
upon
any
Prince
or
Potentate
,
but
by
Leagues
and
Agreement
for
mutual
Defence
.
Thus
it
is
known
,
That
the
Land
of
the
Amazons
was
possess'd
by
the
Natives
;
And
it
is
remarkable
,
That
upon
the
Banks
of
Amazon
,
there
are
Fifty
different
Nations
:
So
it
is
in
Brasil
,
in
Chili
,
Paragua
,
Florida
,
Carolina
,
Virginia
,
and
generally
over
all
the
Continent
,
as
well
as
in
the
Islands
of
America
,
and
likewise
in
Asia
and
Africa
:
And
therefore
,
European
Princes
have
planted
promiscuously
,
as
they
found
Conveniency
,
without
Injury
or
Encroachment
upon
former
Planters
.
The
English
possess
the
Continent
from
New-England
to
Carolina
,
without
the
Interposition
of
Colonies
belonging
to
any
European
Prince
,
yet
the
Dutch
,
in
time
of
Peace
,
set
down
upon
Long-Island
,
and
the
Countrey
now
called
New-York
,
betwixt
New-England
and
Pensilvania
,
and
continued
to
possess
till
the
end
of
the
War
1667
:
At
which
time
,
New-York
was
exchanged
for
Suranam
.
The
Spanish
Plate-Fleet
do
necessarly
pass
betwixt
Cape-Florida
and
the
Bahaman-Islands
,
yet
the
English
possess
these
Islands
,
which
the
Spaniards
did
mightily
resent
,
and
used
the
English
very
barbarously
upon
it
,
yet
Spain
not
being
able
to
justify
any
unlawful
Title
,
the
English
did
maintain
their
Possession
.
Whatever
be
alledg'd
,
That
the
Government
did
not
interpose
for
establishing
a
Logwood-Trade
,
yet
it
's
certain
,
that
the
English
did
appropriate
the
Logwood
at
Cape-Catch
in
Jucatan
,
till
it
was
exhausted
,
and
they
afterwards
settled
at
Port-Royal
in
the
Bay
of
Campechay
,
for
carrying
on
the
same
Trade
,
which
was
never
question'd
by
the
Spaniards
,
The
French
have
several
times
endeavoured
to
settle
in
the
River
de
Spiritu
Sancto
in
the
Bay
of
Mexico
,
and
also
the
Samballo-Islands
upon
the
Coast
of
Darien
,
and
have
actually
settled
a
Colony
in
Petit-Guavis
in
Hispaniola
,
the
rest
of
that
Island
being
possest
by
the
Spaniards
:
The
French
have
also
a
Settlement
in
Guiana
in
the
Terra-Firma
,
and
several
Forts
upon
the
Coast
of
Caribana
,
and
above
twelve
or
thirteen
American
Islands
.
The
Dutch
have
also
the
City
of
Coro
in
the
North
of
Terra-Firma
,
and
Suranam
,
and
certain
Forts
upon
the
Coast
of
Guiana
and
Curasao
,
and
several
American
Islands
.
The
Portuguese
have
the
Coast
of
Brasil
divided
into
many
Captainships
.
The
Interest
of
Spain
was
ever
opposit
to
all
these
Settlements
in
America
,
and
wherever
they
were
strong
enough
,
they
attempted
to
expel
the
Planters
,
without
regard
to
Peace
or
War
,
whereof
the
Scots
did
formerly
feel
the
Effects
,
in
their
Plantation
at
Carolina
holden
of
the
Crown
of
England
,
from
whence
they
were
expelled
:
These
things
were
done
by
way
of
Fact
,
but
it
is
the
first
time
that
ever
Spain
did
openly
pretend
a
Right
beyond
actual
Possession
,
which
was
never
sustained
by
any
European
Prince
.
And
it
is
desired
and
expected
,
that
there
may
be
a
further
Condescendance
of
the
Right
and
Title
of
Spain
,
to
exclude
other
Planters
by
the
Consent
of
the
Natives
,
where
Spain
hath
no
actual
Possession
,
or
Exercise
of
any
Jurisdiction
.
It
is
further
alledged
for
Spain
,
That
all
the
Business
in
America
was
settled
by
the
Pacification
1670
,
betwixt
the
Kings
of
Brittain
and
Spain
,
which
did
confirm
all
the
Plantations
possess'd
by
English
Colonies
,
and
left
the
Remainder
of
America
to
Spain
,
and
whatever
happened
before
that
General
Treaty
,
could
be
no
Rule
thereafter
,
because
there
was
almost
perpetual
War
with
Spain
in
America
,
which
were
never
settled
or
composed
till
the
Treaty
1670
,
which
did
presuppose
and
establish
the
Right
of
Spain
to
all
that
was
not
possessed
by
the
King
of
Brittain's
Subjects
.
As
to
the
Instance
of
Sharp
,
it
is
not
denyed
that
he
was
acquitted
,
and
amongst
others
did
propone
that
Defence
,
That
he
Acted
by
Commission
from
an
Indian
Prince
;
but
that
Defence
was
look'd
upon
as
a
Jest
,
and
it
was
not
for
that
Reason
that
he
was
acquitted
.
It
is
Answered
,
There
was
indeed
a
Treaty
in
the
Year
1670
,
concerning
America
in
particular
,
whereby
it
was
provided
,
That
the
King
of
Brittain
should
have
,
hold
and
enjoy
for
ever
,
with
full
Right
of
Sovereignty
,
Dominion
and
Property
,
all
those
Lands
,
Regions
,
Islands
,
Colonies
,
and
Places
whatsoever
situated
in
the
West-Indics
,
or
any
part
of
America
,
which
the
said
King
and
his
Subjects
did
then
hold
and
possess
;
From
which
Article
the
Spaniards
would
infer
,
that
all
the
rest
of
America
was
lost
by
the
King
of
Brittain
,
as
a
Right
and
Dominion
of
Spain
,
because
that
Spain
ratifies
the
Possession
obtained
by
the
King
of
Brittain
,
and
there
is
not
a
mutual
Ratification
of
the
Possession
of
the
King
of
Spain
.
This
Article
can
bear
no
such
Inference
,
for
,
1.
The
King
of
Brittain
and
his
Subjects
did
not
then
,
nor
do
they
now
in
the
least
question
the
Possessions
of
the
King
of
Spain
and
his
Subjects
,
but
the
King
of
Spain
did
very
much
question
the
Right
of
the
King
of
Brittain
to
several
of
his
American
Plantations
,
not
only
upon
the
general
Ground
of
an
Universal
Title
to
all
the
West-Indies
,
which
no
European
Prince
will
bear
,
but
likewise
upon
particular
Claims
,
that
the
English
had
beat
out
the
Spaniards
,
and
enjoyed
what
had
been
once
possess'd
by
them
in
several
places
:
And
the
former
Treaties
with
Spain
especialy
that
in
the
Year
1667
,
were
only
general
,
establshing
a
perpetual
Peace
betwixt
the
Dominions
and
Teritories
of
Brittain
and
these
of
Spain
:
But
the
Question
remaining
anent
the
Right
and
Dominion
of
these
American
Settlements
to
which
the
King
of
Spain
did
lay
still
a
Claim
,
The
Treaty
1670
,
did
renounce
his
Claim
to
the
Colonies
in
the
English
Possession
,
but
did
determine
nothing
as
to
those
parts
of
America
,
which
were
never
Possess'd
by
the
Spaniard
or
Brittish
,
and
if
it
had
been
intended
,
that
the
Right
of
Spain
to
all
America
that
was
not
possess'd
by
some
other
European
Prince
should
be
asserted
,
and
declared
the
same
would
not
have
been
left
to
such
remote
conjectures
,
but
would
have
been
specially
express'd
.
2.
The
whole
Tenor
of
that
Treaty
does
sufficiently
clear
,
that
no
such
thing
was
intended
as
to
presuppose
,
much
less
to
assert
the
Right
of
Spain
beyond
actual
possession
.
For
by
the
Second
Article
of
the
Treaty
,
it
is
provided
,
That
there
be
an
Universal
Peace
in
America
,
as
in
other
parts
of
the
World
between
the
Kings
of
Great
Brittain
and
Spain
,
and
between
the
Kingdoms
,
States
,
Plantations
,
Colonies
,
Forts
,
Cities
,
Islands
and
Dominions
belonging
to
either
of
them
;
and
between
the
People
and
Inhabitants
under
their
respective
Obedience
.
This
Article
in
the
Treaty
relating
to
America
,
only
doth
clearly
demonstrate
,
that
both
Kings
were
set
upon
an
equal
foot
,
and
did
Treat
for
themselves
and
the
People
and
Inhabitants
under
their
respective
Obedience
,
and
no
further
;
so
that
all
matters
were
left
untouched
that
did
concern
parts
not
Inhabited
or
possess'd
by
Natives
,
who
were
never
under
obedience
to
either
Prince
,
nor
would
the
Treaty
have
been
for
Plantations
,
Colonies
,
Forts
,
&c.
equally
and
mutually
,
if
either
King
had
pretended
an
universal
Title
or
Right
beyond
Possession
.
3.
The
Eight
Article
doth
yet
further
clear
,
that
the
King
of
Spain
had
no
Universal
Claim
,
but
according
to
his
Possession
,
which
Article
provides
,
that
the
Subjects
,
Inhabitants
and
Mariners
of
the
Dominions
of
each
Confederate
,
shall
forbear
to
Sail
to
,
or
Trade
in
the
Ports
and
Havens
which
are
fortified
with
Castles
,
Magazines
or
Ware-Houses
,
and
in
all
other
Places
whatsoever
,
possess'd
by
the
other
Party
in
the
West
Indies
.
To
wit
,
the
Subjects
of
Brittain
shall
not
Sail
into
,
and
Trade
in
the
Havens
and
Places
,
which
the
Catholick
King
holds
in
the
Indies
,
nor
in
like
manner
shall
the
Subjects
of
the
King
of
Spain
Sail
into
,
&c.
This
Clause
is
plainly
restrictive
upon
the
King
of
Spain
,
That
the
Subjects
of
the
King
of
Brittain
shall
not
Trade
into
these
places
of
the
Indies
which
belong
to
Spain
;
for
thereby
it
presupposes
that
Spain
has
no
Universal
Title
,
and
it
s
left
free
to
the
King
of
Brittains
Subjects
to
Sail
into
,
and
Trade
in
all
Ports
and
Havens
which
have
no
Fortifications
,
Castles
,
Magazines
;
or
Ware-Houses
Possess'd
by
the
King
of
Spain
,
and
consequently
it
was
lawful
to
have
Sailed
to
,
and
Traded
with
the
Darien
Indians
where
the
King
of
Spain
had
no
Fortifications
,
Castles
,
Magazines
or
Ware-Houses
,
nor
can
clear
any
manner
of
Possession
,
and
if
they
might
Trade
with
the
Indians
it
must
be
acknowledg'd
they
might
Settle
among
them
.
It
's
also
provided
by
the
Tenth
Article
,
that
in
case
the
Ships
of
either
Party
be
forced
by
stress
of
Weather
,
or
otherwise
into
the
Rivers
,
Creeks
,
Bays
or
Ports
belonging
to
the
other
in
America
,
they
shall
be
treated
there
with
all
Humanity
and
Kindness
;
Which
Article
states
both
Kings
again
upon
an
equal
foot
,
and
mentions
the
Right
of
both
as
restrictive
to
particular
Rivers
,
Creeks
,
Bays
,
&c.
in
America
as
if
neither
Party
claimed
Universal
Title
over
all
.
The
15th
.
Article
of
the
said
Treaty
provides
,
that
the
same
shall
in
nothing
derogate
from
any
preheminency
,
Right
or
Dominion
of
any
Confederate
in
the
American
Seas
,
Channels
or
Waters
,
but
that
they
have
and
retain
the
same
in
as
full
and
ample
manner
as
may
of
right
belong
unto
them
,
providing
always
that
the
Liberty
of
Navigation
ought
in
no
manner
to
be
disturbed
.
This
Artiele
relates
to
certain
Preheminencies
and
Priviledges
claim'd
by
Spain
in
the
American
Sea
,
which
by
the
Treaty
was
not
yeilded
,
but
left
in
the
same
state
as
formerly
;
and
if
the
King
of
Spain
had
pretended
to
an
Universal
Right
over
all
America
,
in
so
far
as
is
not
possess'd
by
other
European
Princes
,
why
was
he
more
carefull
to
preserve
his
Claim
of
Sovereignty
in
the
Seas
,
and
forgot
his
Dominion
upon
the
main
Land
?
There
can
be
no
other
reason
for
it
,
but
because
there
was
no
such
thing
in
prospect
,
as
appears
by
the
whole
Tenor
of
the
Treaty
.
Nothing
hath
been
alledged
in
behalf
of
Spain
to
make
any
disparity
betwixt
all
the
Settlements
that
have
been
made
in
America
by
the
Subjects
of
the
King
of
Brittain
or
other
Princes
,
except
the
Treaty
1670
:
Which
when
duly
considered
,
makes
no
disparity
at
all
.
For
albeit
the
Possession
of
the
King
of
Brittains
Subjects
be
thereby
confirmed
;
yet
it
will
not
be
acknowledg'd
by
the
King
of
Great
Brittain
,
or
any
other
Prince
that
the
Settlements
made
by
their
Subjects
were
illegal
or
violent
,
untill
confirmed
by
the
King
of
Spain
,
and
all
Nations
who
have
Planted
there
must
sustain
and
justify
the
Scots
Settlement
,
or
acknowledge
that
the
Settlement
of
their
own
Subjects
were
injurious
to
the
Right
of
Spain
.
It
is
not
,
nor
can
be
denyed
,
that
the
Dariens
have
been
at
frequent
War
with
Spain
,
altho
they
pretend
,
that
the
Dariens
were
rather
Rebels
than
Enemies
.
That
is
only
for
to
beg
the
Question
,
for
the
Natives
having
the
Ancient
undoubted
Right
,
it
must
be
instructed
,
that
they
became
Subjects
before
they
could
be
Rebels
.
And
tho'
it
be
alledged
,
that
what
was
done
in
Sharp's
Case
was
reckoned
a
Jest
,
and
that
he
was
not
acquitted
upon
that
ground
,
as
acting
by
Commission
from
the
Dariens
;
yet
the
matter
of
Fact
is
certain
and
known
,
and
was
indeed
remarked
by
all
England
,
that
Sharp
join'd
with
the
Dariens
,
did
commit
acts
of
Hostility
and
carried
away
great
booty
from
the
Spaniards
,
and
was
pursued
for
Restitution
in
England
,
and
did
propone
a
Defence
.
That
he
acted
by
Commission
from
an
Independent
People
,
and
was
acquitted
by
a
competent
Judicature
in
England
.
These
matters
of
Fact
being
all
acknowledged
,
it
must
be
thought
that
a
Decision
in
the
way
of
Justice
was
no
Jest
,
but
according
to
the
Law
of
the
Nation
.
To
Conclude
and
Sum
up
the
whole
Matter
,
The
Scots
did
not
move
one
foot
,
untill
they
obtain'd
two
Acts
of
Parliament
,
and
a
Patent
in
their
favours
.
These
Acts
(
tho'
very
ample
)
were
framed
with
a
just
regard
to
former
Planters
,
who
by
the
express
Tenor
of
the
said
Laws
were
not
to
be
invaded
or
molested
in
their
Possession
;
even
the
just
Right
and
Property
of
the
Infidel
Natives
was
considered
,
and
the
Undertakers
not
allowed
to
dispossess
them
by
Force
and
Violence
,
but
to
Plant
with
their
consent
:
Upon
the
faith
of
these
Laws
,
a
greater
Stock
was
advanced
in
Scotland
than
ever
was
raised
by
any
other
Nation
,
upon
the
first
project
of
a
Forreign
Plantation
;
the
Directors
of
the
Company
did
very
narrowly
and
exactly
consider
all
the
Treaties
with
Spain
,
and
pitched
upon
a
place
,
that
the
whole
World
considers
to
be
of
a
great
value
for
founding
and
raising
a
profitable
Trade
to
the
Honour
of
the
King
who
(
as
the
Father
of
the
Countrey
)
did
endue
them
with
ample
and
just
Priviledges
,
to
the
encrease
of
the
Strength
and
Riches
of
the
Isle
of
Brittain
,
which
is
all
under
the
Government
of
one
Monarch
,
of
one
Religion
and
Interest
,
and
can
have
no
different
Friends
or
Enemies
without
endangering
the
whole
.
In
one
word
,
The
Scots
Company
have
acted
deliberatly
,
for
advantage
to
themselves
,
the
Nation
,
and
the
Isle
of
Brittain
;
they
have
only
used
their
own
Right
and
have
wronged
no
Nation
or
People
,
nor
exceeded
the
Limits
of
their
Patent
in
any
circumstance
.
And
if
any
will
stand
up
for
the
Interest
of
Spain
,
and
call
in
question
the
matters
of
Fact
and
principles
of
Law
above
asserted
,
which
are
generally
known
and
need
not
to
be
confirmed
by
particular
Citations
.
they
may
assuredly
expect
that
what
has
been
affirmed
shall
be
made
further
clear
and
evident
beyond
contradiction
,
and
whatever
Obstacles
or
Difficulties
have
,
or
may
fall
in
,
Ardua
quae
Pulchra
,
the
undertaking
was
deliberate
,
just
for
the
interest
of
the
Nation
,
and
with
more
regard
to
the
Right
of
former
Planters
and
Natives
than
any
former
Project
of
that
Nature
.
Memorandum
,
That
about
this
time
,
it
was
given
out
that
the
Spanish
Embassador
had
presented
a
Second
Memorial
concerning
the
Scots
Settlement
at
Darien
;
and
that
the
French
Embassador
had
likewise
given
in
a
Memorial
to
the
Court
of
England
concerning
the
French
Ship
which
was
cast
away
near
Caledonia
Harbour
:
But
whether
so
or
not
,
the
Company
could
never
procure
a
Copy
of
either
.
The
Council
of
Caledonia's
Address
To
the
King
's
most
Excellent
Majesty
.
Most
Gracions
Sovereign
;
WE
your
Loyal
and
Obedient
Subjects
,
the
Council
of
your
Colony
of
Caledonia
,
being
settled
pursuant
to
Powers
and
Immunities
proceeding
from
your
Royal
Favour
and
Goodness
;
where
,
upon
our
arrival
,
the
Natives
on
all
hands
in
complyance
with
former
Agreements
,
received
and
entertained
us
with
all
possible
demonstration
of
joy
and
satisfaction
,
there
being
no
Possession
,
nor
so
much
as
pretended
possession
,
for
any
Prince
or
State
in
Europe
upon
this
whole
Coast
,
extending
it self
considerably
more
than
one
hundred
Leagues
together
.
We
found
the
Indians
on
all
sides
in
open
War
with
the
Spaniards
,
their
nearest
Neighbours
:
Against
whom
they
besought
our
Assistance
,
which
we
could
by
no
means
comply
with
,
by
reason
of
the
present
Peace
and
good
Understanding
between
your
Majesty
and
the
King
of
Spain
.
Yet
notwithstanding
this
our
just
and
peaceable
deportment
and
inclination
,
and
our
certifying
the
same
by
Letters
to
the
two
neighbouring
Governours
of
Panama
and
Carthagena
;
We
have
,
to
our
no
small
surprize
,
received
certain
Information
,
that
several
great
and
warlike
Designs
and
Preparations
are
on
foot
,
and
carrying
on
by
the
Spaniards
against
this
Colony
;
and
that
contrary
to
all
Justice
and
Humanity
,
as
well
as
the
Treaties
of
Peace
between
your
Majesty
and
the
Catholick
King
,
they
now
unjustly
detain
,
and
refuse
to
deliver
up
the
Persons
and
Goods
.
that
were
saved
of
a
Ship
belonging
to
this
Colony
,
called
the
Dolphin
,
which
by
misfortune
of
springing
a
Leak
,
was
not
long
since
oblg'd
to
run
ashore
and
suffer
Shipwreck
near
the
City
of
Carthagena
All
which
have
been
no
small
inducement
for
us
to
have
improved
the
frequent
opportunities
we
have
had
of
taking
Measures
greatly
disadvantagious
to
the
Crown
of
Spain
:
Yet
in
order
to
avoid
,
as
much
as
possible
,
any
thing
that
might
look
like
a
publick
Breach
,
untill
the
same
were
laid
before
your
Majesty
,
and
your
Royal
pleasure
known
therein
:
We
have
hitherto
proceded
no
further
,
than
the
granting
of
Letters
of
Reprisals
for
the
People
and
Effects
unjustly
detained
from
us
.
Great
Sir
,
The
Indies
as
well
as
Europe
,
do
at
this
time
implore
your
Protection
:
And
as
the
effectual
opening
the
Door
of
Commerce
to
the
trading
World
,
and
of
more
easy
access
to
and
correspondence
with
the
ends
of
the
Earth
,
hath
been
hitherto
hidden
and
reserved
by
the
Divine
Hand
,
for
one
of
the
singular
Glories
of
your
Majesty's
Reign
.
So
it
's
with
no
small
satisfaction
to
be
any
way
concern'd
in
so
hopeful
an
Accession
to
the
Dominions
and
Greatness
of
your
Majesty
,
and
Wealth
of
your
People
;
That
we
presume
to
lay
ourselves
,
our
Case
,
and
this
valuable
Opportunity
at
your
Royal
Feet
,
most
humbly
beseeching
,
that
as
it
had
its
beginning
,
so
it
may
continue
to
have
its
Being
and
Support
from
the
happy
Influences
of
your
peculiar
Bounty
and
Grace
.
So
with
our
earnest
Prayers
to
Almighty
God
for
the
long
and
happy
preservation
of
your
Royal
Person
,
and
continuance
of
your
Glorious
,
Reign
,
and
most
humble
tender
of
our
Lives
and
Fortunes
to
your
Majesty's
Service
and
Disposition
.
We
beg
leave
to
Subscribe
our selves
,
This
Address
was
delivered
to
the
Secretaries
of
State
about
the
middle
of
September
,
together
with
a
Memorial
concerning
the
French
Ship
commanded
by
Cap.
Duvivier
Thomas
,
which
was
Shipwrack'd
near
Caledonia
,
Harbour
on
the
24th
of
December
1698.
Most
Gracious
Soveraign
,
Your
Majesty's
most
Loyal
,
most
Dutiful
,
and
most
Obedient
Subjects
and
Servants
,
-
Daniel
Mackay
,
-
Robert
Pennicuik
.
-
William
Paterson
,
-
Colin
Campbell
,
-
Samuel
Vetch
,
-
Charles
Forbes
,
-
Thomas
Drummond
.
By
the
Honourable
Sir
William
Beeston
Kt.
His
Majesty's
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
.
WHEREAS
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
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
8/18
18
day
of
July
1670.
It
is
specially
stipulated
,
That
in
case
any
of
the
Subjects
of
either
the
Confederates
with
their
Shipping
be
forc'd
at
any
time
,
through
stress
of
Weather
,
pursute
of
Pyrates
,
or
Shipwrack
to
retreat
and
enter
for
shelter
,
and
harbour
into
any
of
the
Rivers
,
Creeks
,
Bays
,
Havens
,
Roads
and
Ports
belonging
to
the
other
in
America
,
That
the
Persons
so
Shipwrack'd
or
forced
a
Shoar
,
shall
in
no
sort
be
detain'd
Prisoners
,
but
that
on
the
contrary
;
all
friendly
Assistance
and
Relief
shall
be
administred
to
their
Distress
,
both
for
the
Sustenance
of
their
Persons
and
reparation
of
their
Ships
,
and
conveniency
of
their
Vovage
,
and
that
Letters
of
safe
Conduct
shall
be
given
them
,
for
their
free
and
quiet
passage
thence
.
Yet
notwithstanding
thereof
,
a
Ship
call'd
the
Dolphin
,
belonging
to
our
Company
,
being
sent
from
our
said
Colony
to
some
of
the
Leeward
Islands
,
with
a
Cargo
for
buying
Provisions
,
and
the
said
Ship
in
a
few
days
time
after
her
going
to
Sea
and
plying
to
windward
,
for
the
speedier
passage
,
stricking
unfortunately
upon
a
Rock
,
sprung
a
Leak
,
and
being
forced
to
run
a
shoar
,
under
the
very
Walls
of
Carthagena
,
to
escape
Shipwrack
,
not
only
the
said
Ship
and
Goods
were
violently
seiz'd
and
dispos'd
of
as
prize
,
but
also
the
Men
to
the
number
of
thirty
and
a
Boy
(
whose
Names
are
here
subjoyned
)
were
detain'd
and
made
close
Prisoners
,
contrary
to
the
express
Terms
of
the
said
Treaty
.
Upon
notice
whereof
,
the
Council
of
the
said
Colony
sent
,
in
your
Majesty's
and
said
Company
's
Name
,
a
Messenger
with
a
very
civil
Letter
,
to
the
Governor
of
Carthagena
,
to
demand
your
said
Subjects
,
who
were
wrongfully
detain'd
Prisoners
,
as
aforesaid
;
and
likewise
Restitution
of
the
said
Ship
and
Goods
,
pursuant
to
the
Treaty
above-recited
;
and
sent
also
Copies
of
the
Acts
of
Parliament
and
Letters
Patent
above
mention'd
,
in
English
,
Latin
,
and
Spanish
,
for
the
Governor's
Information
:
but
instead
of
any
compliance
to
those
just
and
reasonable
Demands
,
the
Messenger
was
threatned
to
be
put
in
Chains
,
and
not
so
much
as
allow'd
to
see
any
of
the
said
Prisoners
.
And
being
lately
assur'd
,
that
(
notwithstanding
of
all
endeavours
hitherto
us'd
for
their
Liberation
)
they
are
contrary
to
the
Rules
of
Christianity
,
Humanity
,
and
the
Law
of
Nations
,
still
detain'd
Prisoners
under
very
severe
Treatments
,
we
think
our selves
in
Duty
and
Conscience
bound
to
lay
their
deplorable
Case
before
your
Majesty
;
and
for
that
effect
have
commissioned
Lord
Basil
Hamilton
,
one
of
our
number
,
to
present
this
our
humble
Address
on
their
behalf
to
your
Majesty
,
and
to
give
your
Majesty
a
further
account
of
our
Company
's
other
Affairs
,
as
he
is
particularly
instructed
therein
;
not
doubting
but
that
your
Majesty
will
,
in
your
Royal
Wisdom
,
take
speedy
and
effectual
Measures
for
the
redress
of
those
Dammages
,
and
the
freedom
of
those
distressed
Prisoners
,
in
the
number
of
which
there
are
some
young
Gentlemen
of
good
Quality
,
and
related
to
the
best
Families
in
this
Kingdom
.
Signed
at
Edinburgh
the
4th
.
Day
of
December
,
1699
;
in
Name
,
Presence
,
and
by
Order
of
the
said
Council-General
,
by
,
May
it
please
your
Majesty
,
Your
Majesty's
most
Faithful
,
most
Dutiful
,
most
Humble
,
and
most
Obedient
Subject
and
Servant
,
Yester
,
I.
P.
C.
G.
The
Chancellours
Letter
to
the
Directors
of
the
Company
.
Holyrood-house
,
the
9th
.
of
January
1700.
Right
Honourable
,
HIs
Majesties
Secretaries
of
State
have
acquainted
me
,
That
the
King
will
not
allow
my
Lord
Basil
Hamilton
access
to
him
,
Because
he
did
not
wait
on
his
Majesty
when
he
was
formerly
in
London
.
And
that
he
has
never
since
given
any
publick
Evidence
of
his
Loyalty
,
nor
has
hitherto
owned
and
acknowledged
His
Majesties
Government
.
But
his
Majesty
will
not
refuse
to
hear
what
my
Lord
Basil's
Instructions
are
;
and
has
declared
his
willingness
to
be
informed
of
what
the
Company
desires
.
And
if
my
Lord
Basil
will
give
in
Writing
to
His
Majesties
Secretaries
,
what
he
had
to
represent
,
His
Majesty
will
receive
Information
from
their
hands
of
what
is
demanded
,
and
will
give
his
Answer
to
the
Company
;
His
Majesty
doth
not
refuse
to
Receive
the
Petition
,
tho'
he
will
not
allow
my
Lord
Basil
to
be
the
Presenter
of
it
.
This
from
To
the
Right
Honourable
,
The
Court
of
Directors
of
the
Company
of
Scotland
,
Trading
to
Africa
and
the
Indies
.
Right
Honourable
,
Your
very
humble
Servant
,
Marchmont
Chancellour
.
A
Letter
from
the
Directors
of
the
Company
,
to
each
of
the
Secretaries
for
Scotland
.
My
Lord
,
THE
Council-General
of
our
Company
,
having
lately
a
very
frequent
Meeting
thought
fit
to
send
up
one
of
their
own
Number
,
with
an
Address
to
his
Majesty
,
and
with
Instructions
concerning
the
Contents
of
our
Company
's
former
Petitions
;
they
thought
that
none
could
be
more
Capable
to
Discharge
that
Trust
,
than
Lord
Basil
Hamilton
.
as
being
throughly
Versed
in
the
course
of
the
Company
's
Affairs
,
nor
more
acceptable
to
His
Majesty
,
as
having
had
no
objection
made
against
him
when
he
was
appointed
;
several
Lords
of
His
Majesties
Privy
Council
Being
then
present
.
And
the
Council-General
having
signified
so
much
to
your
Lordship
by
a
Letter
,
wherein
they
entreated
,
that
you
would
be
pleased
to
introduce
him
to
the
King
,
and
give
your
Concurrence
in
procuring
a
Gracious
Return
to
what
he
had
in
Commission
,
and
which
he
was
to
Communicate
to
your
Lordship
.
We
are
surpriz'd
to
find
this
day
by
a
Letter
from
the
Lord
Chancellour
;
that
the
King
will
not
allow
Lord
Basil
Hamilton
to
have
Access
,
because
he
did
not
wait
upon
his
Majesty
when
he
was
formerly
at
London
.
But
his
Lordship
being
sent
by
,
and
having
his
Instructions
from
the
Council-General
,
We
the
Court
of
Directors
can
say
nothing
to
it
,
other
than
to
entreat
your
Lordship
that
you
'd
use
your
Interest
with
his
Majesty
,
to
allow
Lord
Basil
Hamilton
,
to
have
Access
to
His
Royal
Person
,
lest
the
Refusal
thereof
be
not
only
a
great
Discouragement
to
the
Company
and
all
its
well-wishers
,
under
its
present
Difficulties
and
repeated
Misfortunes
,
but
give
also
ground
to
the
World
to
believe
that
his
not
being
allowed
Access
to
His
Majesty
,
is
upon
the
Account
of
his
carrying
an
Address
from
this
Company
,
which
every
Body
knows
stands
in
great
need
of
,
and
has
a
just
Right
to
His
Majesties
Royal
Favour
and
Protection
,
,
And
which
being
the
General
Concern
of
the
whole
Nation
,
is
confidently
expected
&
signified
to
your
Lordship
,
by
Order
and
in
name
of
the
Court
of
Directors
by
,
Edinbur
.
the
9th
.
day
of
January
,
1700.
My
Lord
,
Your
Lordships
most
humble
Servant
,
Pat.
Scot.
I.
P
:
C.
D.
A
Letter
from
the
Company
,
to
my
Lord
Basil
Hamilton
.
My
Lord
,
WE
have
your
Lordships
Letter
,
of
the
2d
.
Instant
,
by
yesterdays
Post
;
in
relation
to
to
the
Contents
of
which
,
we
send
you
herewith
the
Copy
of
a
Letter
,
which
we
have
written
by
this
Nights
Post
,
to
both
the
Secretaries
of
State
,
and
likewise
the
Copy
of
another
Letter
,
which
we
had
this
morning
from
the
Lord
Chancellour
upon
the
same
head
.
As
our
Company
cannot
but
have
a
just
sense
of
your
Lordships
generous
condescension
,
to
the
Council-Generals
request
,
in
undertaking
a
troublesome
Journey
to
London
,
this
time
of
the
Year
,
to
wait
upon
and
Solicite
his
Majesty
about
our
Company
's
Affairs
,
with
no
other
view
but
frankly
to
serve
the
Interest
of
your
Country
,
to
the
manifest
neglect
of
your
own
,
So
we
cannot
but
heartily
regret
that
the
carrying
of
the
Company
's
Commission
,
should
be
the
occasion
of
putting
such
a
distinguishing
Mark
upon
a
Person
of
your
Lordships
Quality
and
merit
,
as
to
be
denied
access
to
His
Majesties
Person
,
because
you
did
not
wait
upon
His
Majesty
when
you
were
formerly
at
London
.
No
body
can
be
so
blind
as
not
to
see
through
this
.
And
whereas
we
never
could
hear
,
that
your
Lordship
did
ever
any
thing
unworthy
of
your
.
Quality
,
or
inconsistent
with
the
duty
of
a
Loyal
and
Peaceable
Subject
.
So
we
are
still
hopefull
,
that
by
your
own
prudent
management
,
His
Majesty
may
be
undeceived
of
any
mis-representation
he
might
have
had
of
you
,
&
that
he
will
yet
condescend
to
grant
your
Lordship
access
to
his
Royal
Person
,
with
the
Company
's
said
Address
,
and
give
you
a
Gracious
Answer
to
the
Contents
thereof
,
and
to
the
other
particulars
mention'd
in
your
instructions
;
An
account
whereof
would
be
very
welcome
News
,
in
the
midst
of
our
misfortunes
,
to
the
Company
in
general
,
and
particularly
to
the
Court
of
Directors
in
whose
Name
,
and
by
whose
Order
this
is
from
,
Edinburgh
the
9th
.
day
of
January
.
1700.
My
Lord
,
Your
Lordships
most
humble
Servant
,
Pat.
Scot.
I.
P.
C.
D
His
Majesties
Letter
to
His
Council
of
Scotland
.
William
R.
RIght
Trusty
and
Right
well
beloved
Cousin
and
Councellor
,
Right
Trusty
and
Entirely
beloved
Cousin
and
Councellour
,
Right
Trusty
and
well
Beloved
Cousins
and
Councellours
,
Right
Trusty
and
well
Beloved
Councellours
,
and
Trusty
and
well
Beloved
Councellours
,
We
greet
you
well
,
WHEREAS
The
Council-General
of
the
Company
of
that
our
Kingdom
,
Trading
to
Africa
and
the
Indies
,
by
their
Letter
to
our
Secretaries
of
the
Fourth
day
of
December
last
;
did
desire
,
That
they
might
give
their
concurrence
to
procure
a
Gracious
Return
from
Us
,
to
the
Petition
which
they
had
sent
with
Lord
Basil
Hamilton
.
And
the
said
Lord
Basil
having
communicated
to
Our
Secretaries
both
the
foresaid
Petition
and
His
Instructions
;
And
they
having
represented
to
us
,
what
is
desired
in
behalf
of
the
said
Company
,
and
we
having
refused
the
said
Lord
Basil
Hamilton
.
Access
,
to
present
the
the
foresaid
Petition
to
Us
,
for
the
Reasons
We
did
Order
our
Secretaries
to
Comunicate
to
Our
Chancellour
;
Yet
We
being
willing
to
give
an
Answer
to
what
the
said
Company
does
desire
.
You
are
therefore
to
call
for
some
of
the
Council-General
,
and
acquaint
them
that
We
are
resolved
in
the
terms
of
our
Treaties
,
to
demand
from
the
King
of
Spain
,
that
Captain
_____
Pinkarton
and
these
of
his
Crew
,
who
are
detained
Prisoners
at
Carthagena
be
Released
and
set
at
Liberty
.
And
you
may
also
acquaint
them
,
that
our
Subjects
of
that
our
Kingdom
shall
be
allowed
the
same
Liberty
of
Trade
that
others
enjoy
with
the
English
Plantations
;
And
in
general
,
you
may
signifie
to
them
,
Our
Resolution
to
promote
and
advance
the
Trade
of
the
Kingdom
,
And
the
three
Friggots
they
demand
having
been
given
by
Parliament
for
guarding
the
Trade
of
the
Coasts
;
We
are
not
resolved
to
dispose
of
them
till
we
have
the
Advice
of
our
Parliament
.
And
so
we
bid
you
heartily
Farewel
.
Given
at
our
Court
at
Kensingtoun
,
the
Tenth
day
of
January
1700
,
and
of
our
Reign
the
Eleventh
Year
,
By
his
Majesties
Command
Sic
Sub.
Seafield
Directed
thus
,
To
Our
Right
Trusty
and
Right
well
Beloved
Cousin
and
Councellor
,
Our
Right
Trusty
and
Entirely
Beloved
Cousin
and
Councellor
,
Our
Right
Trusty
and
well
beloved
Cousins
and
Councellours
,
Our
Right
Trusty
and
well
Beloved
Councellours
,
and
to
our
Trusty
and
well
Beloved
Councellours
,
Patrick
Earl
of
Marchmont
our
Chancellor
,
and
the
rest
of
the
Lords
and
others
of
our
Privy
.
Council
,
of
our
Ancient
Kingdom
of
Scotland
.
This
is
a
true
Copy
taken
from
the
principal
and
Subscribed
by
,
Gilb
,
Eilot
Cls.
Sti.
Con.
An
other
Letter
from
the
Council
General
of
the
Company
to
my
Lord
Basil
Hamilton
.
My
Lord
,
YOur
Lordships
Letters
to
the
Court
of
Directors
,
having
been
by
them
Communicated
to
us
,
We
cannot
but
acknowledge
,
that
as
you
have
at
our
request
frankly
undertaken
a
troublesome
Journey
and
Task
to
serve
the
Interest
of
your
Country
and
our
Company
;
So
we
are
fully
satisfied
,
that
you
have
acquitted
your self
with
a
great
deal
of
Prudence
and
Discretion
in
the
execution
of
that
Charge
,
for
which
we
render
you
most
hearty
Thanks
:
But
finding
by
a
Letter
of
the
10th
.
instant
from
His
Majesty
to
the
Lords
of
his
Privy
Council
,
and
by
a
former
from
the
Secretaries
of
State
to
the
Lord
Chancellour
(
Copies
of
both
which
are
herewith
inclosed
)
That
his
Majesty
has
determin'd
not
to
to
allow
your
Lordship
access
to
present
our
Address
,
nor
to
impart
to
His
Majesty
what
other
things
we
gave
you
in
charge
by
your
Instructions
:
We
are
heartily
Sorry
that
your
Lordships
carrying
of
our
Address
,
should
bring
you
you
under
any
such
disagreeable
circumstances
with
His
Majesty
:
But
the
matter
being
so
,
we
cannot
think
it
just
to
detain
your
Lordship
any
longer
at
London
to
the
neglect
of
your
own
affairs
at
home
,
and
do
therefore
hereby
signify
that
your
Lordship
may
use
your
own
Freedom
,
to
take
Journey
homeward
as
soon
as
you
think
fit
,
and
as
may
sute
best
with
your
conveniency
.
This
is
in
Name
,
presence
and
by
order
of
the
Council-General
of
our
Company
,
from
Edinburgh
the
29th
.
of
January
1700.
My
Lord
,
Your
Lordships
most
humble
Servant
,
John
Home
P.
Upon
the
first
notice
that
was
given
of
a
National
Address
or
Petition
to
His
Majesty
for
the
fltting
of
the
Parliament
,
the
following
Proclamation
was
emitted
.
PROCLAMATION
Anent
Petitioning
.
WILLIAM
By
the
Grace
of
GOD
,
King
of
Great
Brittain
,
France
and
Ireland
,
Defender
of
the
Faith
;
To
Macers
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
,
WE
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
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
2/18
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
,
and
its
Colony
of
Caledonia
;
Praying
for
Redress
thereof
,
and
that
the
Parliament
would
be
pleased
to
Vindicate
and
Assert
its
just
Rights
and
Priviledges
,
&c.
After
reading
of
all
which
,
a
Motion
being
made
and
press'd
that
the
Parliament
should
make
a
Resolve
in
the
following
Words
,
viz.
Resolved
,
That
our
Colony
of
Caledonia
in
Darien
is
a
Legal
and
Rightful
Settlement
,
in
the
Terms
of
the
Act
of
Parliament
1695
,
and
that
the
Parliament
will
mantain
and
support
the
same
.
His
Grace
His
Majesty's
High
Commissioner
was
pleased
immediatly
to
Adjourn
the
Parliament
for
three
days
,
and
at
their
next
Meeting
,
without
so
much
as
reading
the
Minutes
of
the
former
diet
,
Adjourn'd
it
further
for
full
Twenty
Days
.
Whereupon
the
Plurality
of
the
Members
of
Parliament
,
then
present
,
met
that
very
evening
,
and
sign'd
the
following
Address
.
May
it
please
your
Majesty
,
WE
Your
Majesty's
most
Loyal
and
Dutiful
Subjects
,
the
Subscribing
Noblemen
,
Barons
,
and
Burgesses
of
this
Your
Antient
Kingdom
of
SCOTLAND
,
Members
of
the
same
Parliament
which
happily
Settled
Your
Majesty's
Government
over
Us
,
and
has
ever
since
given
continued
Proofs
of
Zeal
and
Affection
to
Your
Majesty's
Service
in
the
several
Sessions
thereof
:
Do
humbly
Represent
to
Your
Majesty
,
that
having
according
to
your
Majesty's
Royal
Appointment
,
met
together
in
Parliament
,
with
full
Resolution
to
have
proceeded
in
the
like
good
Intentions
,
for
the
Honour
and
Interest
of
your
Majesty
and
People
.
It
is
to
Our
unspeakable
Grief
and
Disappointment
,
that
not
only
there
has
been
no
Return
given
to
the
Unanimous
Address
of
the
last
Session
of
Parliament
,
Expressing
the
whole
Nation
's
Concern
in
the
INDIAN
and
AFRICAN
Company
:
But
also
after
a
Motion
made
in
this
Session
of
Parliament
for
a
Resolve
,
That
Our
Colony
of
CALEDONIA
in
DARIEN
,
is
a
Legal
and
Rightful
Settlement
,
in
the
Terms
of
the
Act
of
Parliament
1695.
And
that
the
Parliament
would
Mantain
and
Support
the
same
.
Members
beginning
to
Reason
thereupon
,
were
interrupted
by
an
Adjournment
,
which
We
Humbly
Conceive
is
not
agreeable
to
the
40
Act
of
the
11th
,
Parliament
of
King
James
the
6.
Where
it
is
promitted
,
That
nothing
shall
be
done
or
Commanded
,
which
might
Directly
or
Indirestly
Prejudge
the
Liberty
of
free
Voting
,
and
Reasoning
of
the
Estates
of
Parliament
,
or
any
of
them
in
all
time
coming
.
And
thereafter
,
by
a
Subsequent
Adjournment
,
from
the
Thirtieth
day
of
May
instant
,
to
the
Twentieth
day
of
June
next
,
the
Parliament
was
not
permitted
to
come
to
any
Resolution
,
in
the
pressing
Concerns
of
the
Nation
;
which
we
cannot
think
consistent
with
that
Article
of
Our
Claim
of
Right
.
Whereby
it
is
Declared
.
That
for
the
Redress
of
all
Grievances
,
and
for
the
Amending
,
Strengthning
,
and
Preserving
of
the
Laws
,
Parliaments
ought
to
be
frequently
called
and
allowed
to
Sit
,
and
the
Freedom
of
Speech
and
Debate
secured
to
the
Members
.
We
do
therefore
in
all
Humility
and
Earnestness
,
Intreat
,
That
Your
Majesty
will
be
graciously
pleased
to
allow
your
Parliament
to
Meet
at
the
Day
to
which
it
is
now
Adjourned
;
and
to
sit
as
long
as
may
be
Necessary
,
for
Redressing
the
Grievances
of
the
Nation
,
Asserting
its
just
Rights
and
Priviledges
,
as
well
at
Home
as
Abroad
,
in
its
Colony
of
CALEDONIA
,
and
for
Enacting
such
Lawsas
may
be
for
the
Advancement
and
Security
of
Religion
,
the
Honour
of
your
Majesty
,
and
the
true
Interest
of
this
Nation
.
We
are
May
it
please
your
Majesty
,
Your
Majesty's
most
Dutiful
,
most
Loyal
and
most
Obedient
Subjects
and
Servants
.
This
Address
was
presented
to
His
Majesty
at
Kensington
the
11th
.
day
of
June
1700.
By
the
Right
Honourable
the
Lord
Ross
for
the
Subscribing
Noblemen
,
James
Pringle
of
Torwoodlie
and
William
Bennet
younger
of
Grubbet
for
the
Barons
,
and
Patrick
Murray
of
Dollory
for
the
Burgesses
,
Commissioners
appointed
for
that
end
:
To
whom
His
Majesty
,
upon
hearing
the
same
read
,
was
graciously
pleased
to
say
,
That
He
would
consider
of
it
.
And
,
at
a
second
Audience
,
the
Lord
Ross
,
in
Name
of
the
other
Commissioners
,
Addressing
the
King
thus
.
May
it
please
your
Majesty
,
We
are
come
here
by
Your
Appointment
to
receive
your
Answer
to
the
Address
which
we
presented
from
the
Loyal
Members
of
your
Parliament
of
Scotland
.
His
Majesty
was
Graciously
pleased
to
give
the
following
Answer
.
Gentlemen
,
I
Can
give
no
Answer
now
to
the
Petition
which
you
presented
,
but
you
shall
know
my
intentions
in
Scotland
.
These
Parliamentary
Addressers
finding
that
the
Parliament
was
yet
further
Adjourned
by
Proclamation
,
and
not
knowing
,
it
seems
,
how
soon
it
might
be
allowed
to
Sit
,
They
framed
the
draught
of
a
Second
National
Address
to
be
Sign'd
by
the
several
Shires
and
Burrows
throughout
the
Kingdom
;
but
while
the
same
was
carried
on
,
His
Majesty
was
graciously
pleased
to
signify
His
mind
in
a
Declaration
,
by
way
of
Letter
,
directed
to
His
Grace
James
Duke
of
Queensberry
His
Majesties
High
Commissioner
,
and
the
Privy
Council
of
Scotland
:
Which
Letter
was
published
after
the
manner
of
Proclamations
;
and
is
as
followeth
:
William
R.
RIght
Trusty
and
Intirely
Beloved
Cousin
and
Counsellor
,
Right
Trusty
and
Right
well
Beloved
Cousin
&
Counsellor
,
Right
Trusty
and
well
Beloved
Cousins
and
Counsellors
,
Right
Trusty
and
well
Beloved
Counsellors
,
and
Trusty
and
well
Beloved
Counsellors
,
We
Greet
you
well
.
We
heartily
wish
that
the
last
Meeting
of
Parliament
had
proceeded
,
so
as
that
the
Kingdom
might
have
been
made
partakers
of
these
Advantages
for
which
Our
Commissioner
was
so
fully
Instructed
:
If
it
had
been
possible
for
Us
to
have
agreed
to
the
Resolve
offered
to
Assert
the
Right
of
the
African
Company
's
Colony
in
America
,
tho
that
Method
had
appeared
to
Us
more
unnecessary
,
yet
we
had
from
the
beginning
readily
done
it
,
at
the
earnest
Desire
of
Our
Ministers
,
and
for
Our
Peoples
Satisfaction
,
all
other
Considerations
set
apart
.
But
now
that
Things
are
much
changed
,
(
wherein
We
are
truly
Sorry
for
the
Nation
's
Loss
)
And
We
being
most
willing
to
grant
what
may
be
needfull
for
the
Relief
and
Ease
of
the
Kingdom
,
and
the
Advancement
of
its
Welfare
in
all
its
Concerns
;
We
have
thought
fit
to
Declare
this
Our
good
Mind
to
be
made
known
to
all
Our
loving
Subjects
.
And
for
the
Company
's
Concerns
,
We
Assure
you
,
that
we
will
be
so
ready
to
concurr
with
Our
Parliament
in
every
thing
that
can
be
reasonably
ex-expected
of
Us
,
for
Aiding
and
Supporting
their
Interests
,
and
Repairing
their
Losses
,
that
Our
good
Subjects
shall
have
just
grounds
to
be
sensible
of
our
heartie
Inclinations
to
advance
the
Wealth
and
Prosperity
of
that
our
Ancient
Kingdom
.
And
as
for
Captain
Pinkerton
and
the
other
Prisoners
in
Spain
,
We
have
already
,
and
We
hope
Effectually
Interposed
for
their
Liberation
.
In
the
next
place
,
As
We
did
fully
struct
our
Commissioner
,
So
we
are
still
Resolved
,
to
pass
all
such
Laws
as
shall
be
offered
for
the
better
Establishing
the
true
Protestant
Religion
and
the
Presbyterian
Government
of
the
Church
which
you
at
present
Enjoy
;
For
the
more
effectual
preventing
the
growth
of
Popery
justly
feared
,
for
the
Repressing
of
Vice
and
Immorality
,
for
the
Preserving
and
Securing
the
Liberty
of
Mens
Persons
,
for
the
Encouraging
and
Advancement
of
Trade
and
Manfactories
,
and
generally
to
give
Our
Assent
to
such
other
Laws
as
shall
be
brought
in
for
further
clearing
and
securing
Mens
civil
Rights
and
Properties
,
promoting
the
Administration
of
Justice
,
and
setling
the
Peace
and
Quiet
of
the
Kingdom
,
demanding
nothing
on
our
part
,
save
what
shall
be
necessary
to
mantain
that
our
antient
Kingdom
in
so
happy
a
Settlement
against
our
&
their
Enemies
.
And
this
Declaration
,
We
are
confident
will
be
satisfying
to
all
good
Men
,
who
will
certainly
be
carefull
both
of
their
own
Preservation
,
and
of
the
Interest
and
Honour
of
the
Government
,
and
not
to
suffer
themselves
to
be
Misled
,
nor
to
give
any
Advantage
to
Enemies
and
ill
designing
Persons
,
ready
to
catch
hold
of
every
Opportunity
,
as
their
Practices
do
too
manifestly
witness
.
Our
necessary
Absence
hath
occasioned
the
late
Adjournments
,
but
as
soon
as
God
shall
bring
Us
back
,
We
are
firmly
Resolved
Our
Parliament
shall
Meet
,
where
We
do
again
Assure
all
Our
good
Subjects
,
nothing
shall
be
Wanting
on
Our
part
,
that
may
contribute
to
their
Welfare
and
Happiness
.
And
this
Our
Resolution
and
Declaration
,
We
Allow
you
to
Publish
for
the
Satiffaction
of
all
concerned
.
So
We
bid
you
heartily
Farewell
.
Given
at
Our
Court
at
Loo
,
the
26th
.
day
of
July
1700.
And
of
Our
Reign
the
12th
year
.
By
His
Majesties
Command
RO.
PRINGLE
Here
follows
the
last
National
Address
formerly
mention'd
.
May
it
please
your
Majesty
,
WE
Noblemen
,
Barons
,
Gentlemen
,
Burgesses
,
and
other
Subscribers
,
your
Majesty's
most
Dutiful
Subjects
of
this
your
Antient
Kingdom
of
Scotland
,
having
formerly
from
an
unfeigned
Zeal
to
your
Majesty's
Service
,
and
to
the
Good
and
Welfare
of
our
Countrey
Petition'd
your
Majesty
for
a
Meeting
of
the
Estates
in
Parliament
,
in
order
to
Support
,
and
Assist
our
Company
Trading
to
Africa
and
the
Indies
,
which
the
Parliament
had
,
by
their
Unanimous
Address
to
your
Majesty
of
the
5th
.
of
August
1698
,
declared
to
be
their
own
and
the
whole
Nation
's
peculiar
Concern
;
And
your
Majesty
having
been
graciously
pleased
to
allow
the
Parliament
to
Meet
on
the
21th
.
of
May
last
,
whereby
all
your
good
Subjects
could
not
but
conceive
suitable
hopes
of
its
happy
issue
,
for
the
Honour
and
Interest
of
your
Majesty
and
People
,
Do
now
beg
leave
to
express
our
deep
Concern
&
Sorrow
for
the
unexpected
Adjournment
thereof
,
without
being
permitted
to
do
any
thing
towards
the
wish'd
for
end
of
its
Meeting
;
And
do
in
all
humble
manner
concurr
with
the
dutifull
Address
lately
presented
to
your
Majesty
,
from
the
Plurality
of
the
Members
of
Parliament
,
Representing
the
Inconveniencies
and
prejudices
arising
to
the
pressing
Concerns
of
the
Nation
,
from
that
Adjournment
,
and
to
the
Rights
and
Liberties
of
Parliament
,
from
the
manner
of
it
:
And
it
is
our
Unexpressible
Regret
,
that
your
Majesty
does
seem
to
have
been
prevail'd
upon
by
the
Mis
representations
of
evil
Councellours
to
issue
out
Proclamations
,
further
Adjourning
the
Parliament
,
from
time
to
time
,
whilst
not
only
did
our
said
Company
stand
extremely
in
need
of
the
Countenance
Support
and
Protection
promis'd
to
it
by
your
Majesty
in
Parliament
,
and
more
especially
upon
the
Misfortunes
that
have
of
late
befallen
it
by
the
success
of
Enemies
against
its
Colony
of
Caledonia
,
but
whilst
also
even
the
Nation
it self
did
,
and
still
does
,
remain
under
the
pressure
of
such
Grievances
as
can
only
be
Redress'd
in
Parliament
.
And
to
the
end
that
your
Majesty
may
have
a
just
view
thereof
,
we
humbly
beg
leave
to
represent
to
your
Majesty
how
indispensibly
necessary
it
is
,
THAT
the
Protestant
Religon
be
secured
against
the
growth
of
Popery
,
Immorality
and
Profaneness
;
THAT
the
Freedom
and
Independency
of
this
Antient
Kingdom
,
and
the
Nation
's
Right
and
Title
to
Caledonia
,
as
holding
of
your
Majesty's
Crown
of
Scotland
,
be
Asserted
and
Supported
;
THAT
the
good
inclinations
of
your
Majesty
and
Successors
Kings
of
Scotland
be
preserved
from
Foreign
Influence
,
as
well
as
from
the
Mis-representations
and
Pernicious
Counsels
of
Unnatural
Countrey-Men
;
THAT
the
frequency
and
sitting
of
Parliaments
be
secured
and
ascertain'd
,
pursuant
to
the
Claim
of
Right
;
THAT
dangerous
Influences
upon
the
freedom
of
Parliaments
,
either
by
Gratuities
,
Pensions
,
or
Farms
of
any
branch
of
the
Revenue
and
the
disposing
of
any
part
of
the
Revenue
or
annexed
Property
of
the
Crown
,
otherways
than
according
to
Law
,
for
the
necessary
support
of
the
Government
,
be
prevented
;
THAT
the
publick-Credit
be
restored
,
and
an
enquiry
made
into
the
Application
of
the
Funds
laid
on
,
and
appropriated
by
Parliament
,
for
support
of
the
Government
and
payment
of
the
Army
;
THAT
the
Security
of
the
Nation
,
and
Government
,
be
settled
in
a
duly
regulated
National
Force
,
in
stead
of
a
standing
Army
,
so
burdensome
to
the
Countrey
,
and
dangerous
to
its
Liberties
;
THAT
the
manner
of
applying
the
Security
,
which
we
have
by
our
Claim
of
Right
,
for
the
Personal
freedom
of
the
Subject
,
against
long
and
Arbitrary
Imprisonment
,
as
well
as
against
Pursutes
upon
old
and
obsolete
Laws
,
be
specially
declared
;
THAT
the
Trade
of
this
Nation
be
Encouraged
&
Advanced
,
by
duly
regulating
its
Export
and
Import
,
by
discharging
prejudicial
Branches
thereof
,
by
fixing
the
value
of
our
cur-Money
,
by
encouraging
Manufactories
,
by
imploying
the
Poor
,
and
more
especially
by
Countenancing
and
Assisting
our
said
Company
,
in
the
Prosecution
of
its
lawful
Undertakings
;
And
THAT
all
such
Articles
of
Grievances
presented
to
your
Majesty
by
the
Estates
of
this
Kingdom
in
the
Year
1689
as
have
not
yet
been
Redress'd
,
together
with
such
other
Grievances
as
the
Parliament
shall
,
at
the
Meeting
thereof
,
find
the
Nation
aggrieved
with
,
be
Redress'd
in
Parliament
.
And
your
Majesty
having
by
your
Royal
Letter
,
of
the
24
of
May
1689
,
been
graciously
pleased
to
declare
,
and
give
full
assurance
to
our
Representatives
in
that
meeting
of
the
Estates
,
which
settled
the
Crown
and
Royal
Dignity
of
this
Realm
on
your
Majesty
,
That
we
should
always
find
your
Majesty
ready
to
Protect
us
,
and
to
Assist
the
Estates
in
making
such
Laws
,
as
might
secure
our
Religion
,
Liberties
and
Properties
,
and
prevent
or
Redress
whatsoever
might
be
justly
grievous
to
us
;
That
your
Majesty
would
never
believe
that
the
true
interest
of
your
People
and
the
Crown
could
be
opposite
;
and
that
your
Majesty
would
always
account
it
your
greatest
Prerogative
to
assent
to
such
Laws
as
might
promote
Truth
,
Peace
,
and
Wealth
in
Your
Kingdom
.
We
do
therefore
reckon
it
our
duty
,
humbly
to
desire
and
assuredly
expect
,
that
your
Majesty
will
be
graciously
pleased
to
satisfy
the
longing
desires
,
and
earnest
Expectations
of
your
People
,
by
allowing
your
Parliament
to
meet
,
as
soon
as
possible
;
and
when
mett
,
to
sit
till
they
fully
deliberate
upon
,
and
come
to
solid
Resolutions
in
the
great
and
weighty
Concerns
of
the
Nation
,
and
grant
such
Instructions
to
your
Commissioner
,
as
may
impower
him
to
pass
such
Acts
,
as
the
great
Council
of
the
Nation
shall
think
most
conducive
to
the
true
Honour
of
your
Majesty
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.
WE
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
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.