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 Kngdom, 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 [Page 4]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 Joint-Stock of the said Company, as is sin­gularly manifest by the 42d. Act of the 5th Session of this current Parliament, specially 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 Joint-Stock of our said Company, 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 above­mention'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, Fruitful, natural­ly impregnable, and every way valuable Places in all America, as is universally acknowledged by all Persons of Experience in such Matters, as well as by the General Consent of such as have been [Page 5]there: And as a manifest proof thereof tho' our said Plantation be setled most strictly in the terms of the Acts of Parliament and Letters patent above-mentioned, 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 first established our Company▪ and promised it Protection; especially since all our other Appli­cations have hitherto proved ineffectual: But a meeting of the Estates in 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 [Page 6]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 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, [Page 7]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 Commercii 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-Councellours of that City, wholly dis-owning the Authority of the Acts of Parliament, and Letters Patent above mention'd, and 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 Majesty.

Upon notice whereof, we did in all humble Duty Address His Majesty in June 1697, 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, & that in [Page 8]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 the rein, 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 separatly 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 disowned their having got any such Or­ders, we were put out of all Hopes of having any Redress, until we should have an Oppertunity 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 weakned by the Treatment above-narrated) to make the best Preparations we could (considering the Scarcity of these Years) for fitting 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 immediat Benefit 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 and Ham­burgh 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 immediat 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 vindicat 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 Damnages 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 [Page 11]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 Answer, 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, [Page 12]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 [Page 13]our Colony, under very severe Penalties to be inflicted on the Contraveeners of these Procla­mations, in regard that 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 our selves unquestio­nably warranted by all Laws Humane and Divine, we persisted in our Endeavours for maintaining 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 Allyes (which they believed he durst not venture 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 [Page 14]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 Confusion 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 handles, 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 & 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 Majestys 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 [Page 15]the Governours of his Plantations in America, that our Colony might besupplied 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 could 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 & 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 ourselves 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 [Page 16]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 Barbados, &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 denyed Wood and Water at Monserat, a Priviledge never before denyed 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 denyed 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. 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 [Page 17]our Company's many other Losses and Mis-fortunes, a Ship called the Dolphin, ladned with a valuable Cargo, belonging to our Company, struck Unfortunatly on a Rock, by which she sprung a Lake, and being forc'd to run ashoar 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 8/18 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 these Proceedings of the Spaniards into His Royal Consideration, so as that speedy and effectual Measures might be taken for the Re­dress of these Damages, 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 [Page 18]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 Endea­yours to wrestle through these almost unsurmount­able Difficulties, and exerted even our utmost ef­forts for retrieving our Losses, as much as possible, by endeavouring to repossess and mantain so valu­able a Settlement; And tho' we have certain Advice 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 Nations 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 Vindicat, 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 Damages we have [Page 19]already sustain'd, and for assisting us in the further Prosecution of our Company's lawful Designs; but more especially, for the mantainance 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.