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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
B20580	A Full and exact collection of all the considerable addresses, memorials, petitions, answers, proclamations, declarations, letters, and other public papers relating to the Company of Scotland trading to Africa and the Indies since the passing of the act of Parliament, by which the said company was established in June 1695, till November 1700 : together with a short preface (including the act itself) as also a table of whole contents.	Company of Scotland Trading to Africa and the Indies.	1700 (1700)	Wing C5597B	80,555	166

The Spaniard may positively pretend that the Treaties provided to the King of England and his Subjects of certain particular Places and generally what they then possess'd in the West Indies may be construed an Exception and import as it were an Acknowledgement that the rest of the West Indies did belong to the Crown of Spain But 1mo The Places provided to the King of England and his Subjects are only enumerate for the greater Caution and Security because some of them had been taken from the King of Spain and thereupon contraverted And 2do It is evident by the foresaid eight Articles the Reserve of Trade is equally and mutually provided and restricted to the King of Great Brittain and the King of Spain their respective Possessions so that nothing can be elicite from these Treaties to give the King of Spain the Right to the whole West Indies excepting the foresaid places possessed by the King of England nor to ty up the King of Brittain and his Subjects from making new lawful Acquisitions in these Parts But it is agreed to That they should secure the one the other in their respective Possessions And thus these Treaties have been always understood nor have they hindred the English to enlarge their Possessions inthe West Indies upon just Occasions which certainly belongs as much if not more to the Scots 2d MEMORIAL By the same THe Company of Scotland Trading to Africa and the Indies having by the other Memorial endeavoured to clear the Justice of their Proceedings as to their Settling a Plantation in the Isthmus of Darien in America do further in all Humility Represent 1mo That there was never any Enterprize of a more National Concern than the foresaid Plantation is to the Kingdom of Scotland the Erecting and Establishing of the said Company was the Unanimous Desire and Satisfaction of the Nation all Persons almost and Families of any Consideration did readily subscribe for and advance considerable Sums for carrying on the Designs of the Company much above what could have been expected The Success the Company hath had in overcoming Difficulties and fixing upon a Place that appears so advantageous to Trade and Commerce hath likewise raised the Expectation and Desire of its Continuance and Prosperity to a far higher Degree than ever was known in any Business of this Nature And Lastly it is most certain That nothing could be more Grievous and Afflicting to the whole Nation without Exception than that this Undertaking so far and so happily advanced should meet with the least Discouragement especially from such whose Countenance and Assistance is so earnestly craved 2do It appears from the whole Circumstances of this Affair That the English Nation can have no Prejudice but rather Advantage by the foresaid Undertaking For First If it shall be profitable the Profit evidently redounds to their Fellow Subjects and good Neighbours Secondly The English have free Access to come in and partake of the Profit when they please Thirdly The Product of the Place is probably like to consist neither of Tobacco nor Suggars the great Commodities of the English Plantations but of such Goods and Commodities as the English do not afford Fourthly It is true That by the Act of Parliament and Patent of the Company all Ships imployed by the Company are to return to the Kingdom of Scotland with their Effects But it is as true That the said Act and Patent did bear the Liberty and Priviledge of a Free Port and Mercat for all Strangers that shall be pleased to Trade with them who are not under the foresaid Obligation but may come and go with their Return whether they please which cannot but be of Advantage to the whole English Plantations as to a Free Course of Trade Fifthly It is likeways granted That by the foresaid Act of Parliament the Ships Goods and Effects whatsoever belonging to the said Company are declared free of all Customs and other Duties for the space of 21 Years but then four of the said Years are already run and this small Encouragement was needful to begin so great a Work whereof probably the Profit can little more than equal the Expenses for all that space And besides the Duties of Tobacco and Sugar not of the Growth of the said Plantation are excepted and not discharged And also it is evident That if the Plantation prosper the foresaid short Discharge of Customs and other Duties will be richly compensed by the great Increase of Trade and consequently of His Majesties Customs that may for thereafter be thence expected And Sixthly The Company and Plantation cannot reasonably threaten any Diminution of His Majesties Customs in England but on the contrary this Plantation promising a new Trade far different from the Trade of all the English Plantations and offering to all the Liberty of a Free Port must rather increase the Trade of England both to the King and Subjects Advantage As for the Objection That the Company by the Immunity they have from Customs and Duties may Import and then as freely Export and so undersell any other Nation during that Immunity It s Answered That the Company in England have almost the same Priviledge since if they please to Export after their Return from the Plantations they are allowed to do it freely with a full Draw-back excepting only 3 or 4 per Cent. 3tio It is with Submission Represented That in all Appearance if the Company of Scotland had not seized the foresaid Post in Darien the French had certainly taken it And now that it is discovered to be so advantageous for Trade it is not to be doubted but that the French who shew such Earnestness to have the Scots excluded will certainly if any such thing should happen possess themselves of it not only to the Hurt of the English Plantations but to the far greater Prejudice if not the Ruin of the Spaniards Interest in the Indies And therefore All things truly and justly considered it is hoped that not only the English will become more and more favourable to so good a Design but that even the Spanish will the more easily acquiesce to Reason and Justice that they see a more Powerful Competitor ready to catch hold of an Advantage that cannot be so safe for them in the Hands of any other Nation as in the Possession of the foresaid Company 3d. MEMORIAL By the same THe Company of Scotland Trading to Africa and the Indies being endued with very ample Priviledges hath settled a Colony at Darien a Countrey very fit and proper for that purpose not only for the Richness of the Soil and Mines but likeways by its Situation for Trade The Spaniards have the most considerable Interest and Plantations in America and are not willing that any other Nation or People should have share of the Advantages and Benefits they draw from thence which is not Singular in the present Case because they have ever withstood all Planters either upon the Continent or American Islands by Acts

May it please your Majesty Your Majesty's most Faithful most Dutiful most Humble and most Obedient Subject and Servant Belhaven I. P. C. G. To which his Majesty was pleased to give the following Answer WILLIAM R. RIght Trusty and Well-beloved We greet you well Your Petition has been presented to us by our Secretaries and we do very much regret the Loss which that our Antient Kingdom and the Company has lately sustained We will upon all Occasions protect and encourage the Trade of the Nation And we will also take care that the Subjects of that our Kingdom shall have the same freedom of Trade and Commerce with our English Plantations as ever they had formerly Our current Parliament is adjourn'd to the 5th day of March next and we will order that the Parliament shall meet when we judge that the Good of the Nation does require it And so we bid you heartily farewell Given at our Court at Kensington the 2d day of November 1699 and of our Reign the 11th Year By his Majesty's Command Seafield To our Right Trusty and well-beloved The Council General of the Company of our Ancient Kingdom of Scotland Trading to Africa and the Indies To the Right Honourable the Lord High Chancellor and remanent Lords of his Majesty's most Honourable Privy Council The Humble Address of the Council-General of the Company of Scotland Trading to Africa and the Indies May it please your Lordships WE think it needless to trouble your Lordships with a repetition of the many Steps Difficulties and Discouragements that we met with all along both abroad and at home since the beginning of this Undertaking the most considerable of them being already particularly known to your Lordships But maugre all those Difficulties we have with a great deal of Trouble and vast Expenses settled a Plantation in one of the most valuable and impregnable Places in all America situated on the North-side of the Istumus of Darien called by us Caledonia As no Nation in Europe ever begun any such Settlement with so considerable a Strength of Men Ships and other Necessaries as we did So no instance can be given of any Settlement ever heretofore made that had so hopeful an Aspect in so short a time as our Plantation aforesaid But to our and the Nation 's inestimable Loss we have very surprizing Advices of our Peoples having deserted the said Settlement by reason of Proclamations issued forth in all his Majesty's Plantations of America strictly forbidding all his Majesty's Subjects to hold any manner of Correspondence with our said Colony and that no manner of Provisions Arms Ammunition or other necessaries whatsoever should be transported or carried to them either in their own Vessels or any other Ship or Vessel for their use and that under the outmost Pains Penalties and Forfeitures mentioned in the said Proclamations The certain notice whereof could not but have put them in a desperate Condition especially none of our Advices having come to their hands tho we wrote to them at several times by the several ways of Jamaica Barbados Antegoa new-New-England c. and sent them likewise an illimited Credit for buying of Provisions till our own Ships and Recruits should come up to them We have taken such further measures as seem'd most reasonable to us upon this unexpected Emergency but have too good ground to fear that not only what we have already done but even all that we are able to do must prove ineffectual if the King and his Parliament of this Kingdom do not give some encouraging Marks of their Favour and Protection to our said Company and Colony Wherefore we have in all humble Duty Petition'd his Majesty that he would be graciously pleased to take off the Force of the said Proclamations and allow his said Parliament to meet at the day appointed in November next or as soon as possibly may be to give their Advice and Assistance in such a weighty and general concern Your Lordships may very well know the great Losses both of Men and Treasure that we have already suffered by the unaccountable Proceedings of the Enemies of our Company and Colony Nor can we tell when to expect an end to such Methods against us unless his Majesty and the Great Council of the Nation fall upon proper and effctual Means for supporting so valuable an Undertaking May it the refore please your Lordships to take the whole Premisses into your most serious consideration and do us all the good Offices with his Majesty that in your profound Wisdom you shall think most expedient for supporting our Company and Colony's Interest and give him an account of our present Circumstances and how much the Honour and Interest of the Nation stands concern'd Sign'd at Edinburgh the 20th day of October 1699 in Name Presence and by Order of the said Council-General By May it please your Lordships Your Lordships most humble Servant Basil Hamilton J. P. C. G. A Letter from the Company To the Right Honourable The Viscount of Seafield one of the Secretaries of State for the Kingdom of Scotland My Lord THis is by Order of the Council-General of the Company of Scotland Trading to Africa and the Indies to acquaint your Lordship That we have prevail'd upon Lord Basil Hamilton to be at the trouble of going up with an Address to His Majesty from our said Council-General on behalf of Captain Robert Pinkarton and Thirty more who were wrongfully detain'd Prisoners at Carthagena since the beginning of February last and as we are inform'd are most inhumanely treated We are daily importun'd by their Relations who are very considerable for their Relief and it is of great concern to our Company that something material be speedily done therein not only for the sake of the said Prisoners but also that others may thereby see we do not abandon the Interest of such as engage themselves in our Company 's Service Lord Basil Hamilton is fully instructed in all matters relating to the said Address and other Affairs relating to our Company of which he 'll inform your Lordships Wherefore we entreat that your Lordship will be pleas'd to introduce him to His Majesty in presenting of the said Address and to assist him in procuring a gracious return from his Majesty in the considence whereof I remain Edinbr 4th Decr. 1699. My Lord Your Lordship 's most humble Servant Yester I. P. C. G. Memorandum Such another Letter was at the same time written to the Lord Carmichael the other Secretary of State The Company 's Address to His Majesty May it please your Majesty WE your Majesty's most dutiful Subjects the Council-General of the Company of Scotland Trading to Africa and the Indies having formerly in most humble manner represented to your Majesty how that we have with much Trouble great Expense and after many unexpected Stops and Difficulties settled a Plantation and Colony on the North-side of the Isthmus of Darien on the Continent of America precisely in the Terms of your

but Occupation of one part is a sufficient Act to demonstrate the Will and Intention to possess the whole Pertinents And the Spaniards having possess'd these two Extremes the middle Space belongs to them especially seing they have also settled in other Places betwixt these two as their Conveniency did require tho' they did afterwards quite these Possessions as particularly they once possessed Nombre de Dios and did also plant within the River Darien and tho' they did quite these Possessions they did not relinquish or repudiate their Right but being better informed they choosed more convenient Seats but still reckoned themselves Proprietors of the whole Isthmus and divided the same in several Jurisdictions And the Natives upon that Isthmus were a mean inconsiderable People not to be regarded who could not be thought to retain any Right or Property in Opposition to the Power of Spain They further add That Spain hath been considered as undoubted Proprietors of the Bay of Mexico and of that Isthmus by other Nations in Christendom and most particularly by the English as is well known and will clearly appear in two remarkable Instances Several English Merchants having advanc'd their Stock for settling a Plantation at Port-Royal in the Bottom of the Bay of Campechay for cutting of Logwood they desired the Countenance and Protection of the Government for carrying on this profitable Trade The Case was considered by the Council of England and it was not found just to allow the Protection of the Government but were only left in a Permissive State to manage their Trade upon their Peril The Second Case which comes closer to the present Question was a Proposal by certain English Undertakers to settle in Darien as the Scots have done which being brought to the Council of Trade of England and by them laid before the Lords Justices in His Majesties Absence and transmitted to the King himself Upon a full Consideration of the Case that Project was thought to be an Encroachment upon Spain and let fall The King himself and Council of England being satisfied of the Right of Spain in these particular Cases of English Undertakers the same Judgment ought to follow in relation to the Scots Company To all that is alledged it 's shortly and clearly Answered That Spain hath neither Right by Treaties nor Possession to the Countrey now possess'd by the Scots And 1st Tho' it be acknowledg'd that the Spaniards have more Strength and larger Possessions on the South than upon the North Sea yet no Possession there can be extended to the North-side of the Isthmus being possess'd by a People Independent who never received the Spaniards or became subject to them The Spaniards indeed have made great Settlements upon the South Sea and in so far as they have possess'd have restricted the Natives to narrower Bounds but the Indians still continuing to possess what remains Possession on the Coast or the Mouths of Rivers on the South Sea can never be extended to the North Coast And the Spaniard can condescend upon no Ground in Law or Reason for such an Extension nor can they make appear that what the Scots possess is Part and Pertinent of their Plantation especially considering that the Isthmus of Darien is naturally divided by a Ridge of high Hills running from East to West Neither doth the possession of Carthagena and Porto-bello give Right to the interveening Countrey which is above 80 Leagues or 240 English Miles and these particular Forts as well as the whole Spanish Plantations on the South Sea being fixt without consent of the Natives who continue their Possession in the interveening Countrey without any Subjection to or acknowledgment of the Spaniard It lyes upon the Spaniards to condescend by what Rule the Limits of these Possessions can be so far extended As to what is alledged That the Spaniards have other Plantations nearer to the Scots Settlement from which they removed but still retain Possession and Jurisdiction It is Answered Admitting the matter of Fact as alledged it comes to nothing For still it is to be remembred That the Spaniard will not pretend to have planted with the consent of the Natives Nor that the Darien Indians have ever acknowledg'd Subjection but they planted by Force and Violence And therefore whatever Forts they made in the Isthmus of Darien the moment that these Plantations were left the Right and Possession of the Natives did return It is freely acknowledged That Possession lawfully obtain'd by an outward Act of the Body is retain'd by Acts of the Mind if no other possess but when Possession is taken by way of Fact and not actually detained the Right and Possession returns to the lawful Proprietor 2. This alledged Possession of Nombre de Dios and in the River of Darien is only pretended to have been at their first Settlement in America before they possess'd Carthagena and Porto-bello 3. None of these pretended Settlements are within 20 Leagues of the Scots Colony And tho Spain had yet Plantations there the Limits could as little be extended to 20 Leagues beyond the actual Possession as to a Thousand Neither can the Spaniards prove any Act of Jurisdiction over the Darien Indians whatever Title they may think fit to give to Governours or Vice-Roy's in America the Scots do neither know nor are oblig'd to notice the same If Titles were enough the King of Spain assumes a Glorious Title of Indiarum Rex but he has no more Jurisdiction over the Darien Indians than in the Plantations of any other European Prince As to what is alledg'd upon the Opinions given by the King and Council of England in relation to His Majesty's English Subjects projecting Settlements in America The Circumstances of the Projects and the Motives of any Resolution taken in them are wholly unknown to the Scots and nothing can be founded on such Matters of Fact unless the whole Circumstances were Authentically instructed or acknowledg'd but whatever was thought proper in these Cases nothing can be inferred from thence to determine this A Project is to be regulated either by Law or by Conveniency And it 's very ordinary and suteable That his Majesty and the Government may discourage the Project of an Undertaking if not Convenient tho lawful But when a Project is Undertaken Carried on and a Settlement made in pursuance of express Acts of Parliament and conform to a Patent there 's no more place to Deliberate what is fit but what is Lawful If the whole Circumstances were known many Disparities might also appear and from the bare relation of the Case of the intended Settlement in the Bay of Campechay a manifest Disparity is evident The Bay of Campechay is in the Province of Nicaragua in the Diocess of Chiapo which Province and Bishoprick are part of the Ancient Empire of Mexico which was conquered by Spain By the Conquest of Mexico the King of Spain as Conquerour had Right of Sovereignty as far as the Dominions of Mexico did extend and the

That is only for to beg the Question for the Natives having the Ancient undoubted Right it must be instructed that they became Subjects before they could be Rebels And tho' it be alledged that what was done in Sharp's Case was reckoned a Jest and that he was not acquitted upon that ground as acting by Commission from the Dariens yet the matter of Fact is certain and known and was indeed remarked by all England that Sharp join'd with the Dariens did commit acts of Hostility and carried away great booty from the Spaniards and was pursued for Restitution in England and did propone a Defence That he acted by Commission from an Independent People and was acquitted by a competent Judicature in England These matters of Fact being all acknowledged it must be thought that a Decision in the way of Justice was no Jest but according to the Law of the Nation To Conclude and Sum up the whole Matter The Scots did not move one foot untill they obtain'd two Acts of Parliament and a Patent in their favours These Acts tho' very ample were framed with a just regard to former Planters who by the express Tenor of the said Laws were not to be invaded or molested in their Possession even the just Right and Property of the Infidel Natives was considered and the Undertakers not allowed to dispossess them by Force and Violence but to Plant with their consent Upon the faith of these Laws a greater Stock was advanced in Scotland than ever was raised by any other Nation upon the first project of a Forreign Plantation the Directors of the Company did very narrowly and exactly consider all the Treaties with Spain and pitched upon a place that the whole World considers to be of a great value for founding and raising a profitable Trade to the Honour of the King who as the Father of the Countrey did endue them with ample and just Priviledges to the encrease of the Strength and Riches of the Isle of Brittain which is all under the Government of one Monarch of one Religion and Interest and can have no different Friends or Enemies without endangering the whole In one word The Scots Company have acted deliberatly for advantage to themselves the Nation and the Isle of Brittain they have only used their own Right and have wronged no Nation or People nor exceeded the Limits of their Patent in any circumstance And if any will stand up for the Interest of Spain and call in question the matters of Fact and principles of Law above asserted which are generally known and need not to be confirmed by particular Citations they may assuredly expect that what has been affirmed shall be made further clear and evident beyond contradiction and whatever Obstacles or Difficulties have or may fall in Ardua quae Pulchra the undertaking was deliberate just for the interest of the Nation and with more regard to the Right of former Planters and Natives than any former Project of that Nature Memorandum That about this time it was given out that the Spanish Embassador had presented a Second Memorial concerning the Scots Settlement at Darien and that the French Embassador had likewise given in a Memorial to the Court of England concerning the French Ship which was cast away near Caledonia Harbour But whether so or not the Company could never procure a Copy of either The Council of Caledonia's Address To the King 's most Excellent Majesty Most Gracions Sovereign WE your Loyal and Obedient Subjects the Council of your Colony of Caledonia being settled pursuant to Powers and Immunities proceeding from your Royal Favour and Goodness where upon our arrival the Natives on all hands in complyance with former Agreements received and entertained us with all possible demonstration of joy and satisfaction there being no Possession nor so much as pretended possession for any Prince or State in Europe upon this whole Coast extending it self considerably more than one hundred Leagues together We found the Indians on all sides in open War with the Spaniards their nearest Neighbours Against whom they besought our Assistance which we could by no means comply with by reason of the present Peace and good Understanding between your Majesty and the King of Spain Yet notwithstanding this our just and peaceable deportment and inclination and our certifying the same by Letters to the two neighbouring Governours of Panama and Carthagena We have to our no small surprize received certain Information that several great and warlike Designs and Preparations are on foot and carrying on by the Spaniards against this Colony and that contrary to all Justice and Humanity as well as the Treaties of Peace between your Majesty and the Catholick King they now unjustly detain and refuse to deliver up the Persons and Goods that were saved of a Ship belonging to this Colony called the Dolphin which by misfortune of springing a Leak was not long since oblg'd to run ashore and suffer Shipwreck near the City of Carthagena All which have been no small inducement for us to have improved the frequent opportunities we have had of taking Measures greatly disadvantagious to the Crown of Spain Yet in order to avoid as much as possible any thing that might look like a publick Breach untill the same were laid before your Majesty and your Royal pleasure known therein We have hitherto proceded no further than the granting of Letters of Reprisals for the People and Effects unjustly detained from us Great Sir The Indies as well as Europe do at this time implore your Protection And as the effectual opening the Door of Commerce to the trading World and of more easy access to and correspondence with the ends of the Earth hath been hitherto hidden and reserved by the Divine Hand for one of the singular Glories of your Majesty's Reign So it 's with no small satisfaction to be any way concern'd in so hopeful an Accession to the Dominions and Greatness of your Majesty and Wealth of your People That we presume to lay ourselves our Case and this valuable Opportunity at your Royal Feet most humbly beseeching that as it had its beginning so it may continue to have its Being and Support from the happy Influences of your peculiar Bounty and Grace So with our earnest Prayers to Almighty God for the long and happy preservation of your Royal Person and continuance of your Glorious Reign and most humble tender of our Lives and Fortunes to your Majesty's Service and Disposition We beg leave to Subscribe our selves This Address was delivered to the Secretaries of State about the middle of September together with a Memorial concerning the French Ship commanded by Cap. Duvivier Thomas which was Shipwrack'd near Caledonia Harbour on the 24th of December 1698. Most Gracious Soveraign Your Majesty's most Loyal most Dutiful and most Obedient Subjects and Servants Daniel Mackay Robert Pennicuik William Paterson Colin Campbell Samuel Vetch Charles Forbes Thomas Drummond By the Honourable Sir William Beeston Kt. His Majesty's