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.

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.

A Letter from the Directors of the Company to the Right Honourable, the Earl of Tullibar­din, &c. Principal Secretary of State.

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 [Page 12]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 [Page 13]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

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.

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, [Page 15]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.

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.

'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 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 [Page 17]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 [Page 18]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, '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, & 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.

A Letter from the Council-General of the Company, to His Grace the Duke of Queens­berry.

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 [Page 20]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,

A Letter from both the Secretaries of State, in Answer to the Council-General of the Company's second Address to His Majesty.

VVE 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, [Page 21]conforme to his Lettter he wrote from Flanders in July last, which was communicated to the Company. We are,

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.

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 [Page 22]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 [Page 23]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 [Page 24]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 [Page 25]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.

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.

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, [Page 28]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.

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.

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; [Page 35]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 [Page 36]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,

A Letter from the Court of Directors to the Lord Carmichael Secretary of State, then in waiting.

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 [Page 37]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 [Page 38]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 [Page 39]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,

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.

The Council of Caledonia's Address
To the King's most Excellent Majesty.

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 [Page 75]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 [Page 76]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,

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.

WE think it needless to trouble your Lord­ships with a repetition of the many Steps, Difficulties and Discouragements that we met [Page 89]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 [Page 90]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 [Page 91]an account of our present Circumstances, and how much the Honour and Interest of the Nation stands concern'd.

A Letter from the Company
To the Right Honourable, The Viscount of Sea­field, one of the Secretaries of State for the Kingdom of Scotland.

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,

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.

WE your Majesty's most dutiful Subjects, the Council-General of the Company of Scot­land, Trading to Africa and the Indies, having for­merly, [Page 93]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 therein­mention'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 8/18 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, [Page 94]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 [Page 95]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.

The Chancellours Letter to the Directors of the Company.

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

A Letter from the Directors of the Company, to each of the Secretaries for Scotland.

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 [Page 98]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,

A Letter from the Company, to my Lord Basil Hamilton.

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 [Page 100]to the Court of Directors in whose Name, and by whose Order this is from,

His Majesties Letter to His Council of Scotland.

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 [Page 101]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, [Page 102]of our Ancient Kingdom of Scotland.

This is a true Copy taken from the principal and Sub­scribed by,

An other Letter from the Council General of the Company to my Lord Basil Hamilton.

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 [Page 103]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

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.

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 [Page 109]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 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, 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 [Page 111]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, [Page 112]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 [Page 113]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 [Page 114]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 [Page 115]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 [Page 116]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 [Page 117]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 [Page 118]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 [Page 119]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 [Page 120]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 [Page 121]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 [Page 122]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 2/18 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 [Page 123]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 [Page 124]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.

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.

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 [Page 143]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 [Page 144]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.