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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

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said Company to have a common Seal and to alter and Renew the same at their pleasure with Advice always of the Lyon King at Arms As also to plead and Sue and be Sued and to purchase Acquire Possess and enjoy Lordships Lands Tenements or other Estate Real or Personal of whatsoever Nature or Quality and to dispose upon and alienate the same or any part thereof at their pleasure and that by Transfers and Assignments made and entred in their Books and Records without any other Formality of Law Providing always that such Shares as are first subscribed for by Scots Men within this Kingdom shall not be alienable to any other than Scots Men living within this Kingdom That the foresaid Transfers and Conveyances as to Lands and other real Estate when made of these only and a part be perfected according to the Laws of this Kingdom anent the Conveyance of Lands and Real-Rights with power likeways to the foresaid Company by Subscriptions or otherways as they shall think fit to raise a Joynt-Stock or Capital Fond of such a Sum or Sums of Money and under subject unto such Rules Conditions and Qualifications as by the foresaid Company or major part of them when assembled shall be Limited and Appointed to begin carry on and support their intended Trade of Navigation and whatever may contribute to the Advancement thereof And it is hereby Declared that the said Joynt-Stock or Capital Fond or any part thereof or any Estate Real or Personal Ships Goods or other Effects of belonging to the said Company shal not be lyable unto any manner of Confiscation Seisure Forfaulture Attachment Arrest or Restraint for and by Reason of any Embargo breach of Peace Letters of Mark or Reprisal Declaration of War with any Forreign Prince Potentate or State or upon any other account or pretence whatsoever But shall only be Transferable Assignable or Alienable in such way and manner and in suc● Parts and Portions and under such Restrictions Rules and Conditions as the said Company shall by Writing in and upon their Books Records and Registers direct and appoint and these Transfers and Assignments only and no other shall convey the Right and Property in and to the said Joynt-Stock and Capital Fond and Effects thereof abovementioned or any part of the samen excepting always as is above excepted and that the Creditors of any particular Member of the Company may by their real Diligence affect the share of the Profit falling and pertaining to the Debitor without having any further Right or Power of the Debitors Part and Interest in the Stock or Capital Fond otherways than as above appointed and with this express Provision that whatever Charges the Company may be put to by the contending of any of their Members deceased or of their Assigneys Creditors or any other persons in their Rights The Company shall have Retention of their Charges and Ezpenses in the first place And the Books Records Registers of the said Company or Authentick Abstracts or Extracts out of the same are hereby declared to be good and sufficient for Evidents in all Courts of Indicature and else where And His Majesty with Advice foresaid further Statutes and Declares that the said John Lord Belhaven Adam Cockburn of Ormistoun Lord Justice Clerk Mr. Francis Montgomery of Giffen Sir John Maxwell of Pollock Sir Robert Chiesly present Provost of Edinburgh John Swinton of that Ilk George Clerk late Baillie of Edinburgh Mr Robert Blackwood and James Balfour Merchants in Edinburgh and John Corss Merchant in Glasgow William Paterson Esquire James Foulis David Nairn Esquire Thomas Deans Esquire James Cheisly James Smith Thomas Couts Hugh Frazer Joseph Cohen D' Azevedo and Walter Stuart Merchants in London and others to be joyned with or assumed by them in manner above-mentioned and their Successors or major part of them assembled in the said Company shall and may in all time coming by Plurality of Votes Agree Make Constitute and Ordain all such other Rules Ordinances and Constitutions as may be needfull for the better Government and improvement of their Joynt-Stock or Capital Fond in all Matters and things relating thereunto to which Rules Ordinances and Constitutions all persons belonging to the said Company as well Directors as Members thereof Governours or other Officers Civil or Military or or others whatsoever shall be subject and hereby concluded As also to Administrate and take Oaths de fideli and others requisite to the Management of the foresaid Stock and Company And the said Company is hereby impowered to Equipp Fit set Out Fraught and Navigat their own or hired Ships in any manner as they shall think fit and that for the space of ten years from the date hereof notwithstanding of the Act of Parliament one thousand six hundred and sixty one years Intitituled Act for Encouraging Shipping Navigation wherewith His Majesty with Consent foresaid dispenses for the said time allena●ly in favours of the said Company that from any of the Ports or Places of this Kingdom or fromany other parts or places in Amity or not in Hostility with His Majesty in Warlike or other manner to any Islands Countreys or places in Asia Africa or America And there to Plant Colonies build Cities Towns or Forts in or upon the places not Inhabited or in or upon any other place by consent of the Natives and Inhabitants thereof and not possest by any European Sovereign Potentate Prince or State And to provide and furnish the foresaid Places Cities Towns or Forts with Magazins Ordinances Arms Weapons Ammunition and stores of War and by Force of Arms to defend their Trade and Navigation Collonies Cities Towns Forts and Plantations and other their effects whatsoever As also ro make Reprisals and to seek and take Reparation of Dammage done by Sea or by Land and to make and conclude Treaties of Peace and Commerce with the Sovereigns Princes Estates Rulers Governours or Proprietors of the foresaid Lands Islands Countreys or Places in ASIA AFRICA or AMERICA Providing always Likeas It is hereby specially provided that all Ships imployed by them shall return to this Kingdom with their Effects under the pain of Confiscation Forfaulture and Seizure of the Ship and Goods in case of breaking of Bulk before their return excepting the case of Necessity for preserving the Ship Company and Loadning allenarly And His Majesty with Consent foresaid doth further Statute and Ordain that none of the Leidges of this Kingdom shall or may Trade or Navigat to any Lands Islands Countreys or places in ASIA or AFRICA in any time hereafter or in AMERICA for and during the space of Thirty One Years to be counted from the passing of this present Act without Licence and Permission in writing from the said Company Certifying all such as shall do in the contrair hereof that they shall Forfault and Amit the third part of the Ship or Ships and of the Cargo or Cargoes therein imployed or the value thereof the one half
A Full and Exact COLLECTION OF All the Considerable Addresses Memorials Petitions Answers Proclamations Declarations Letters and other Publick 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 it self as also a Table of the whole Contents Forsan haee olim meminisse Juvabit Virg. Grata superveniet quae non ●●perabitur hora. Hor. Printed in the Year 1700 The Preface THe Endeavours of the Company of Scotland Trading to Africa and the Indies in establishing a Colony and Settlement in so important a place as that Isthmus or narrow neck of Land commonly called Darien situated upon the hight of the World between the spacious South and North Seas and consequently a fit Center for so extended and universal a Trade as seems to have been intended by the Act of Parliament establishing that Company having not only been the Subject-Matter of a great deal of Discourse and Speculation both Abroad and at Home but also raised the Jealousy of some and the Envy of others of the most considerable Courts in Europe That together with the continued course of Opposition which the Company met with in all its Designs and Undertakings gave occasion to the Writing of several very Ingenious Books concerning it But these Books referring very often to several publick Papers contain'd in this Collection it is humbly presum'd that of all that has been written upon that Subject nothing can be more acceptable to the Publick nor of more real use in giving a juct View to indifferent Persons of positive Matters of Fact without any artificial Embellishments or Reflections thereupon than the following Collection taken as near as possible from the very Original Papers themselves It 's true there was a small Collection of this kind Printed formerly under the Title of Original Papers c. But the haste in which it seems that Collection was done giving probably occasion to its being very imperfect in many respects and it containing scarcely the Third Part of what this does it was thought fit for the General Satisfaction of all contending Parties and others to make this Collection with more deliberation and as compleat as possible to the end that there may be no occasion for any further Additions to it unless future events afford matter for a Second Volume And that the Reader may likewise see how far the measures taken by the Company are warranted by the Act of Parliament by which it was established an exact Copy of the Act of Parliament it self is hereunto subjoyned ACT FOR A COMPANY Trading to AFRICA and the INDIES June 26. 1695. OUR SOVERAIGN LORD Taking into His consideration That by an Act past in this present Parliament Intituled Act for Encouraging of Forraign Trade His Majesty for the Improvement thereof did with Advice Consent of the Estates of Parliament Statute and Declare that Merchants more or fewer may Contract and enter into such Societies and Companies for carrying on of Trade as to any Subject of Goods or Merchandise to whatsomever Kingdoms Countries or Parts of the World not being in War with His Majesty where Trade is in use to be or may be followed and particularly beside the Kingdoms and Countries of Europe to the East and West-Indies the Streights to Trade in the Mediterranean or upon the Coast of Africa or in the Northern Parts or else where as above Which Societies and Companies being contracted and entred into upon the terms and in the usual manner as such Companies are set up and in use in other parts consistent always with the Laws of this Kingdom His Majesty with consent foresaid did allow and Ap prove giving and granting to them and each of them all Powers Rights and Priviledges as to their Persons Rules and Orders that by the Laws are given to Companies allowed to be Erected for Manufactories And His Majesty for their greater Encouragement did promise to give to these Companies and each of them His Letters patent under the Great Seal confirming to them the whole foresaid Powers and Priviledges with what other Encouragement His Majesty should judge needfull as the foresaid Act of Parliament at more length bears And His Majesty understanding that several Persons as well Forreigners as Natives of this Kingdom are willing to engage themselves with great Sums of Money in an American African and Indian Trade to be exercised in and from this Kingdom if Inabled and Incouraged thereunto by the Concessions Powers and Priviledges needfull and usual in such Cases Therefore and in pursuance of the foresaid Act of Parliament His Majesty with Advice and Consent of the said Estates of Parliament Doth hereby make and constitute John Lord Belhaven Adam Cockburn of Ormistoun Lord Justice Clerk Mr. Francis Montgomery of Giffen Sir John Maxwell of Pollock Sir Robert Chiesly present Provost of Edinburgh John Swinton of that Ilk George Clerk late Baillie of Edinburgh Mr. Robert Blackwood and James Balfour Merchants in Edinburgh and John Corss Merchant in Glasgow William Paterson Esquire James Foulis David Nairn Esquire Thomas Deans Esquire James Chiesly James Smith Thomas Couts Hugh Frazer Joseph Cohen D' Azevedo and Walter Steuart Merchants in London with such others as shall joyn with them within the space of twelve Months after the first of August next and all others whom the foresaid persons and these joyned with them or major part of them being assembled shall admit and joyn into their Joint-Stock and Trade who shall all be Repute as if herein originally insert to be one Body Incorporate and a free Incorporation with perpetual Succession by the Name of the CGMPANY of SCOTLAND Trading to Africa and the Indies Providing always Likeas It is hereby in the first place provided that of the Fond or Capital Stock that shall be agreed to be Advanced and Imployed by the foresaid Undertakers and their Copartners The Half at least shall be Appointed and Allotted for Scots Men within this Kingdom who shall enter and Subscribe to the said Company before the first day of August One Thousand Six Hundred and Ninety Six Years And if it shall happen that Scots Men living within this Kingdom shall not betwixt and the foresaid Term subscribe for and make up the equal half of the said Fond or Capital Stock Then and in that case allennarly it shall be and is hereby allowed to Scots Men residing abroad or to Forreigners to come in Subscribe and to be assumed for the Superplus of the said half and no otherways Likeas the Quota of every Mans part of the said Stock whereupon he shall be capable to enter into the said Company whether he be Native or Forreigner shall be for the least one Hundred lib. sterl And for the Highest or Greatest Three Thousand lib. Sterl and no more directly nor indirectly in any sort With power to the