WE the Under-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 notifie to Your Magnificences and Lordships, That if you enter into such Conventions with private Men, his Subjects, who have neither Credential Letters, nor are any otherwise authoriz'd by His Majesty, That His Majesty would regard such Proceedings as an Affront to his Royal Authority, and that he [Page 5] 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 Subscribers, 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 cultivate between En­gland and the City of Hamburg. We wait Your Magnificences and Lordships Answer in Writing to be transmitted to His Majesty our Master, and we are,

'TIs 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 Assurances 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 Privileges 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 publick Faith thereof, not only contributed at home a far more considerable Joint-Stock than ever was raised before in this Nation, for any pub­lick Undertaking or Project of Trade whatsoever; but have also had all the promising Hopes and [Page 16] 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 and 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 Authority 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 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.

[Page 17]But whereas we humbly concelve your Lord­ships to be more immediately under His Maje­jesty 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 Privileges, 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 means be not taken for putting an early stop to such an open and violent Infringement of, and Encroach­ment upon the Privileges of so solemn a Consti­tution, 'tis 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 and 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 [Page 18] 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 tbe Premises to your Lordship's 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.

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 Powers, Privileges and Immu­nities, as were thought needful, to encourage any such new Undertaking in this Nation, particularly to raise a Joint-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 Privileges, 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 subcribed 300000 /. Sterling, as the one half of the Capital Stock then proposed, and actually paid in the first fourth Part thereof, part [Page 21] 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 jointly Address His Majesty, for frustraring the Ends of the said Act; but the House of Commons did also appoint a Committee to examine, What Methods were taken, for obtaining the said Act 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 notwithsranding of that Discouragement, not only most of the Nobility, Gentry, Merchants, and the whole Body of the Royal Boroughs, 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 Joint-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) but we have also had all the pro­mising Hopes of Forreign Aid that our Hearts could wish, especially at Hamburgh, where the Mar­chants of that City entred into Contract with our [Page 22] Deputees, to joyn at least 200000 /. Sterling with us, till, to our great 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 Patents, but also threatning both Senate and Inhabitants, with the Kings 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 Agents, who were there for the time, to open Books in the said Merchants Hall, where for some Days they sign'd considerableSumms pursuant to their said Contract, though under Condition to be void, if we should not procure some De­claration 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 suspence, between them and us to this Day.

That as the reasonable (nay, and unquestionable) Prospect which we had of a powerful Assistance from Hamburg, 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 rendring of those Measures [Page 23] abortive, has not only weakened our Stock, les­sened our Credit, retarded our first Expedition, and dishheartned 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 view, if we had not met with such Obstructions and Discourage­ments from time to time.

That though our Company is more immedi­ately 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 Premises, 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 suggest further, that our Ships being now at Sea, on their intended Voyage, the former Treatment which our Company met with in England and elsewhere, may give us too just Grounds to su­spect, that if either through multiplicity of Pub­lick Affairs, or otherwise 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 [Page 24] 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 Premises into your most serious Con­sideration, to vindicate our Company's Reputa­tion Abroad, by supporting the Credit of the said 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, thro' the unawarrantable Treatment above mention'd, as well as for, preventing the like for the future; and withal to continue us the Privileges and Exemptions mentioned in the said Acts of Par­liament and Letters Patent sor 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.

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 Humburgh, in a most solemn and pub­lick manner: So your Petioners 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 [Page 28] upon them the two smallest of the Frigots now lying useless in Brunti-land 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 Privi­leges 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 sit.

In respect of all which, may it please your Majesty to take the whole Premises 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.

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 your 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, and 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 set­ling of Plantations and Colonies in Asia, Africa, or America by the Natives of this Kingdom; and such others as should joyn with them; as in the said Acts of Parliament and Letters Patent is more part cularly express'd

We and our Constituents, Your Majesty's most Loyal Subjects did, upon the faith and encourage­ment 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 Northside of the Isthmus 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 Majestys most Gracious Fa­vour, so it could not subsist but by your Royal Protection; We did therefore in all humble man­ner petition your Majesty's High Commissioner and the Estates of Parliament assembled the 19th of July 1698.

[Page 51] 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 Privileges 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 spread 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 reasonably have 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; and 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.

[Page 52]We do therefore in all humility and earnestness beg of your Majesty's fartherly 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.