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 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.

[...]ing 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, 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 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 above mentioned, yet it has raised the Jealousy of some, and Envy of others, of the most knowing and considerable Trading Nations it 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 otherways, that the repeated Misfortunes following thereupon, pu [...] us under an indispensible Necessity of humbly petitioning His Majesty for allowing the Parliament to mee [...] 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; especiall 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 ma [...] ­ner, by their late Address, to represent to His Majesty, how deeply they were affected with the Nation concern in our Company's repeated Misfortunes, and therefore humbly Petitioned for the sitting of th [...] Parliament as soon as conveniently might be. And the King having been most graciously pleased to o [...]d [...] the Meeting of the Right Honourable Estates now in Parliament, We think our selves in all duty bound [...] give His Grace His Majesty's High Commissioner and the Right Honourable Estates, a short a [...] ­naked Narrative of the several Obstructions, and Misfortunes that we have been all along forc'd to gra­ple with in the prosecution of our Company's Designs, to the end that the great Council of the Natio [...] having a perfect View and full Knowledge of these Difficulties which we now Labour under, may be t [...] 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 Subscripti [...] of 300000 sterl. was procured in Nine days time, without so much as a publick Advertisement, and ma [...] knowing Merchants were so far convinc'd of the many Advantages that might probably arise from su [...] a Constitution, that they signified their willingness to be concerned for Triple the Sum, if allowed: I not only did the Parliament of England by their Address to His Majesty of the 13th of December 1695. a otherways, render that Subscription ineffectual, but the House of Commons did also appoint a Committ to examine what Methods were taken for obtaining the Act of Parliament, by which our said Company is establish [...] who were the Promoters and Advisers thereof; and did afterwards impeach the Nominees in the said Act Parliament; notwithstanding the absolute Independency of this Kingdom:

Yet after all this Discouragement, we went on with our Subscriptions at home, and made our [...] Effort for strengthning thereof beyond Sea, both in Holland and Hamburgh: In the first of which pla [...] many eminent Merchants declared their positive inclinations to be very considerably interested with us, [...] gave some signal Proofs thereof, till they were made to understand by Threatnings and other Insinuati [...] that a Higher Power would make them at least very uneasy, if they persisted any further in their Resoluti [...] 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 Britains 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 and 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 Nation's 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 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 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 weakned by the Treat­nent above-narrated) to make the best Preparations we could (considering the Scarcity of these Years) for [...]tting out an Equipage of Ships, Men, Provisions, and other Necessaries, for settling a Plantation in Ame­ [...]ica, in the Terms of the Acts of Parliament, and Letters Patent above-mention'd: And its evident by the [...]ery Constitutions of the Colony, that they were calculated more for the general Advantage of the Nation [...]nd 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 Hum­ [...]le Petition of the 22d. of July 1698, Represent to his Grace, His Majesties then High Commissioner, and [...]e Right Honourable Estates then assembled in Parliament, the Treatment which our Company met with [...]t London and Hamburgh as aforesaid, the great Prejudices which we had sustain'd thereby, and the many [...]rther Inconveniencies and evil Consequences that must necessarly have followed thereupon, if, upon any [...]ccount whatsoever, the Parliament should happen to neglect the taking immediat Cognizance of such [...]sage.

And the Parliament having thereupon, by their Unanimous Address of the 5th. of August 1698, to His Ma­ [...]sty, thought fit to manifest their own, and the whole Nations Concern in that Matter, earnestly entreating, and [...]ost assuredly expecting, That His Majesty would, in His Royal Wisdom, take such Measures, as might effectually vin­ [...]cat the Undoubted Rights and Priviledges of the said Company, and support the Credit and Interest thereof; And the Par­ [...]ament 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, [...]d a more peculiar Interest; The Court of Directors of our Company were thereby encourag'd to renew [...]eir Application to His Majesty, with relation to the Memorial given in by His Ministers to the Senate of [...]amburgh, (the same being specially mention'd in the Parliaments Address:) And in Consideration of the [...]ammages sustain'd by the Company, through Means of that Memorial, the Directors humbly Petition'd, [...]at His Majesty would be pleased, for their Encouragement at that time, as a Gracious Mark of His Roy­ [...] Favour, to bestow upon them the two smallest of the Frigots, then (and to this Hour) lying useless in [...]untisland Harbour.

But our Company having no manner of Answer to either of these, and being assured by several Letters [...]m Hamburgh, That both the English Ministers there, had positively denyed their having received any such [...]ders, as were long before promised, and declared to have been given, with relation to that Memorial, the [...]urt of Directors of our Company did, by their Letter of the 29th. of November 1698, transmit Copies of [...] said Letters to the Viscount of Seafield, then sole Secretary of State, and entreated his Lordship, to [...]cure some speedy and effectual Answer from His Majesty to the Contents of both that Letter, and their [...]mer Petition.

The Secretary, by his Letter of the 13th. of December 1698, returned for Answer, That he would take the first [...]enient Opportunity he could have, to represent that Matter to the King, but that he could not expect to have it for [...] time, because His Majesty was then very much imployed in the Affairs of His English Parliament.

[...]e thereupon waited a full Month, in expectation of some further Answer, but getting none, our Court of [...]ectors did, by a Letter of the 13th. of January 1699, put the Secretary again in mind of our said Petition of preceeding August, and Letter of the 29th. of November.

[...]he Secretary, by his Letter of the 7th. of February 1699, signified, That he had presented our Company's Peti­to His Majesty, and was commanded to let us know, that there being Accounts, that the Ships belonging to the Com­pany, [Page 3]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 Delays, 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 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 Beeston, 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 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 some 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 the Governours of hit 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 could be, to the end that their Advice and Assistance might he 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 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, and 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 [Page 4]that, by second Orders from England, another Fleece of Proclamations had been emitted over an 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 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 Leake, and being forc'd to run ashoar under the Walls of Carthagena, to escape Ship-wrack, 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 [...]/1 [...] 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 effectua [...] Measures might be taken for the Redress of these 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 Prisoner [...] should be set at Liberty.

Yet some of the most considerable of these Prisoners being transported above half a Year ago to O [...] Spain; We have frequent Advices from them by Letters, dated in Cadiz-Prison, That they and all the Cre [...] have been most Barbarously used, and that they themselves are still kept close Prisoners, under very seve [...] 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, an [...] exerted even our utmost efforts for retrieving our Losses, as much as possible, by endeavouring to reposse [...] and mantain so valuable a Settlement; And tho' we have certain Advice of its being Repossess'd b [...] our People, and that we have taken all imaginable Measures for their present Supply: Yet we have to [...] 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 [...] Fact above-mentioned, into your most serious Consideration; To Vindicat, Support, and Protect in the Enjoyment of our lawful Priviledges, both as a Company, and as Subjects of this free as independent Kingdom, to take such Measures, as You (in Your profound Wisdom) may judge m [...] Effectual, for repairing the many Dammages we have already sustain'd, and for assisting us in the [...] ­ther Prosecution of our Company's lawful Designs; but more especially, for the mantainance of o [...] just Right and Title to the Settlement of CALEDONIA, and the Enjoyment of such Advantages (if duly Protected) may probably arise thereby.