those they set over them and to complain of Governors when they find themselves aggriev'd and their Privileges torn from them by Violence This Generation has prov'd it beyond possibility of Reply that the greatest Pretenders to submission to Princes and the most zealous Patrons of Passive Obedience will resist and dethrone their Kings too when they find themselves oppressed by them They that maintain the contrary are nothing but mean-spirited Flatterers or such as temporize with Courts because of their own private Advantage and be their Quality what it will are far from being so noble and brave as that poor Woman who told Philip of Macedon that he ceas'd to be King when he refus'd to hear her Petition Upon the whole it will appear that the Author of the Defence of the Seots Settlement made the best Apology for his Majesty that could be made when he said that he was a Prisoner in England and therefore forc'd to act thus against the Interest and Dignity of his Crown as King of Scots It is demonstrated thus If his Majesty were in Scotland and another Person upon the Throne of England it is certain his Majesty would have encouraged the Trade of Scotland and resented such practices in the King of England as contrary to the Laws of Nations and the Soveraignty of his Crown If he did not he would be look'd upon to be mean-spirited and not fit to wear it and if he took part with the King of England against the Dignity of his Crown and the Interest of his Kingdom he would not only be looked upon as an Enemy to his Country but as felo de se. From all which it is plain that as it is the best Apology that can be made for the King of Scots when he acts thus contrary to the Honour and Interest of himself and his Country to say he is a Prisoner in England so it is a sufficient Justification of the People of Scotland to refuse Obedience to what he commands by the Influence of the English or other Councils in opposition to their Interest because they are the Commands of a Captive and not of the King of Scots If our Enemies say he is no Captive but at Liberty to go to Scotland if he pleases it is so far from making his Case better that it makes it ten times worse for if his Affections be captivated we are without remedy except we either sue for a Divorce as in case of wilful Desertion and denying conjugal Duty or withdraw from under his roof and remove to another Family as God and Man will allow one Sister to do that is oppressed and denied the Privileges of paternal Love and Protection whilst another is caressed and dandled and has her Fortune raised by diminishing that of the neglected Sister The Iamaica Proclamation against our Colony at Darien comes next to be considered and is as follows By the Honourable Sir William Beeston Knt. Governour and Commander in chief for his Majesty in the Island of Jamaica and of the Territories and Dependencies of the same and Admiral thereof WHereas I have received Orders from his Majesty by the Right Honourable Iames Vernon one of the Principal Secretaries of State importing that his Majesty was not informed of the Intentions and Designs of the Scots in peopling Darien which is contrary to the Peace between his Majesty and his Allies commanding me not to afford them any Assistance In compliance therewith in his Majesty's Name and by his Order I do strictly charge and require all and every his Majesty's Subjects that upon no pretence whatsoever they hold any Correspondence with the Scots aforesaid or give them any Assistance with Arms Ammunition Provision or any thing whatsoever either by themselves or any other for them nor assist them with any of their Shipping or of the English Nation 's upon pain of his Majesty's Displeasure and suffering the severest punishment Given under my Hand and Seal of Arms the 9 th of April 1699. and in the 11 th year of the Reign of William the 3 d King of England Scotland France and Ireland and Lord of Iamaica Defender of the Faith It contains a heavy Charge against the Scots Company as having settled in Darien without informing his Majesty and having thereby broke the Peace betwixt his Majesty and his Allies As to their not informing his Majesty with their Design there was neither any need of it nor had they reason to do it that there was no need of it is plain enough from the Act of Parliament impowering them to settle any where in Asia Africa or America upon places not inhabited or any other place with consent of the Natives and not possess'd by any European Potentate Prince or State So that they were under no Obligation to acquaint him where they design'd to settle provided they kept to the Terms of the Act. And that they had no cause so to do is evident from that unreasonable opposition that a Faction at Court had prevailed with him to make to them all along which gave them just cause to expect the like treatment in time to come Then as to the Breach of the Peace betwixt his Majesty and his Allies by the Settlement they had no reason to think themselves guilty of any such thing and so much the less that Dampier Wafer and all others that wrote of the Country gave an Account of the Natives being in possession of their Liberty and almost in continual Wars with the Spaniards Besides it was a rul'd Case in England since Capt. Sharp was by Law acquitted in K. Charles Il's time not only for having marched through Darien in a Hostile manner but for attacquing Places that were really in possession of the Spaniards as St. Maria and Panama because he acted by virtue of a Commission from those Darien Princes This together with their not finding a Spaniard or Spanish Garison on all that part of the Isthmus was enough to justify the fairness of the Scots Settlement there and to have put a stop to this hasty Sentence till both sides had been heard But instead of that the Advisers to this Proclamation take upon them in a very Magisterial manner to declare the Scots guilty of a Breach of the Peace betwixt his Majesty and his Allies which is so much the more remarkable that this Proclamation is publish'd in the West-Indies before ever it was known what the Scots could say in their own defence and sent away before the presenting of the Spanish Memorial which was on the third of May 1699. and the Proclamation bears date April 9 th 1699. The unfairness of this Proclamation is evident from this that at the very same time it is publish'd in the West-Indies the Lord President of the Sessions and his Majesty's Advocate for the Kingdom of Scotland were sent for from hence to see what they could say to justify their Pretensions to Darien which they did by such Arguments as have not yet been answer'd
is such as our Ancestors if we may believe our Historians would have thought inconsistent with the Trust reposed in a King of Scots a manifest Reflection upon the Justice and Fidelity of the Nation and a discovery of their Arcana Imperii to those that were quarrelling with them We are not to suppose that his Majesty would give an Answer to an Address of this importance without Counsel If he consulted with our Dutch or English Opposers it was the same as if he had consulted our profess'd Enemies if he consulted with Scots-men and was advis'd to this Answer by any of them they are Traitors to their Country and have betray'd its Soveraignty for they ought to have advis'd him to answer that as King of Scots he was not to give an account to the English for any thing transacted in that Kingdom but if they found themselves any ways aggriev'd or thought their Trade endanger'd by the Scots Act he should be willing to have the matter debated and adjusted by Commissioners of both Nations as became the Common Father of both This could not justly have been look'd upon by the English as a refractory or stubborn Answer but must have been imputed to his braveness of Temper and fidelity to his Trust. But at once to give up the Soveraignty of Scotland without demurring upon it argues that his Majesty was advis'd to this Answer by Enemies to the Scotish Nation Our Parliaments have originally a greater Power than that of England for what the States of Scotland offer'd to the touch of the Scepter their Kings had no power to refuse or if they did the Resolves of the States had the force of a Law notwithstanding Thus our Reformation was established in 1560. by an Act of the States and tho our Queen Mary then in France and her Husband the Dauphin afterwards Francis I. refus'd to give their consent it remain'd a firm Law which Q. Mary when she return'd to Scotland was so far from offering to dispense with tho she was a great Asserter of her Prerogative that she was oblig'd to intreat of the States so far to dispense with it themselves as to suffer her to have Mass in her own Family We might go further back to the Reign of Robert II. who was check'd by the States for making a Truce with the English without their Consent it not being then in the power of our Kings either to make Peace or War without the States But the truth of that Maxim laid down by our Historian That the supreme Power of the Government of Scotland is in the States is so obvious to every one that reads our History that it cannot be denied and hence it is that our old Acts of Parliament are often call'd the Acts of the States and say The three States enact c. for by our original Constitution the King is none of the States but only Dux belli and Minister publicus which was well understood by our Viceroy the E. of Morton and the other Deputies from the States of Scotland when they acquainted Q. Elizabeth in their Memorial That the Scots created their Kings on that condition that they might when they saw cause divest them of that Power which they receiv'd from the People which we have now reasserted in making our Crown forfeitable by the Claim of Right at the last Revolution and perhaps that 's none of the least Causes why our Ruin is now endeavour'd by the Abettors of a growing Prerogative It were easy for us to enlarge on this and to shew from our Histories and Acts of Parliaments that our Kings according to our antient Constitution which those Rapes committed on our Liberties in some of the last Reigns can never overturn were inferior to their Parliaments who inthron'd and dethron'd them as they saw cause made them accountable for their Administration allow'd them no power of proroguing them without their own consent nor of hindering their meeting when the ardua Regni negotia requir'd it They could not make Peace or War without them nor so much as dispose of their Castles but by their consent Their Councils were chosen and sworn in Parliament and punishable by the States Nor had they any Revenue but what their Parliaments allow'd them These and many more were the native Liberties of the People of Scotland as may be seen in our Histories the Acts of all the Iames's the Protestation of the States of Scotland in 1638. and their Representation of their Proceedings against the Mistakes in the King's Declaration in 1640. And therefore his Majesty had no reason to say he was ill serv'd by the passing of an Act offer'd by the States of Scotland The Ignorance of those things hath often occasion'd our being misrepresented by the English Historians and other Writers as Rebels and what not when we really acted according to our own fundamental Laws And not only they but even our own Princes since the Union of the Crowns have either been kept ignorant of our Constitution or so incens'd against it by the Abettors of Tyranny that they have all of 'em his present Majesty excepted endeavour'd our Overthrow as well knowing it to be impossible to bring Arbitrary Government to perfection whilst a People who had always breath'd in a free Air and call'd their Princes to an account when they invaded their Properties were in any condition to defend themselves or assist others against such Princes as design'd an absolute Sway. But the Pill being too bitter to be swallowed by it self there was a necessity of taking Priestcraft into the Composition and to gild it over with the specious pretext of bringing the Scots to an Uniformity in Religion The Court knew that this would arm the Zealots against us and that it could never be effected without the ruin of our Kingdom whose Religion was so interwoven with our Civil Constitution that there was no overturning of the one without subverting the other This will appear plain to those that know that besides the Sanction of Acts of Parliament the Church of Scotland is defended by a full Representative of the Clergy and Laity of the Kingdom call'd a General Assembly which preserves us from being Priest-ridden as our Parliaments do from being Prince-ridden where the King by Law had no negative Voice no more than he formerly had in our Parliaments This in effect is the Representative of the Nation as Christians as the Parliaments are our Representatives as Men and as to the Laity many of them are the same individual persons that sit in Parliament So that those Assemblies being a second Barrier about our Liberties it was thought fit to run down the Constitution of our Church as not suted with Monarchy The Case being thus we dare refer it to the thoughts of our neighbouring Nation who have gallantly from time to time stood up for their own Liberties whether it were not more generous for them to unite with us than to suffer us to be oppress'd and
manifest Damages which our Company has already sustain'd by reason of the said Memorial And grant us a Declaration under Your Royal Hand to render the Senat and Inhabitants of the City of Hamburgh and all others with whom we may have occasion to enter into Commerce secure from Threatnings and other false Suggestions contained 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 Privileges contained in Your Majesty's Acts of Parliament and Letters Patent above mentioned Signed at Edinburgh the 22 d Day of December 1697. in Name Presence and by Order of the said Council General by May it please your Majesty Your Majesty's most Faithful most Dutiful most Humble and most Obedient Subject and Servant Sic subscribitur Francis Scot P. Notwithstanding all this humble Application there was no stop put to that Opposition So that the Hamburghers dar'd not venture to subscribe and the Company after great loss of time and Money and leaving two Ships unfinish'd to the great Dishonour as well as Disadvantage of the Nation were oblig'd to recal their Agents after having spent 30000 l. and not receiv'd one Farthing there tho the Hamburghers were so willing to join that they were sorry there was not room left for subscribing more than 200000 l. The Company finding themselves thus injuriously dealt with made application to the Parliament of Scotland for redress Upon which the Parliament presented the following Address to his Majesty An ADDRESS to his Majesty by the Parliament WE Your Majesty's most Loyal and Faithful Subjects the Noblemen Barons and Burgesses convened in Parliament do humbly represent to Your Majesty That having consider'd a Representation made to us by the Council General of the Company trading to Africa and the Indies making mention of several Obstructions they have met with in the prosecution of their Trade particularly by a Memorial presented to the Senat of Hamburgh by Your Majesty's Residents in that City tending to lessen the Credit of the Rights and Privileges granted to the said Company by an Act of this present Parliament We do therefore in all humble Duty lay before Your Majesty the whole Nations Concern in this Matter And We most earnestly do entreat and most assuredly expect That Your Majesty will in Your Royal Wisdom take such measures as may effectually vindicate the undoubted Rights and Privileges of the said Company and support the Credit and Interest thereof And as we are in Duty bound to return Your Majesty most hearty Thanks for the Gracious Assurances Your Majesty has been pleased to give Us of all due Encouragement for promoting the Trade of this Kingdom So We are thereby encouraged at present humbly to recommend to the more special Marks of Your Royal Favour the Concerns of the said Company as that Branch of Our Trade in which we and the Nation We represent have a more peculiar Interest Subscribed at Edinburgh the 5 th of August 1698. in Name Presence and by Warrant of the Estates of Parliament SEAFIELD I. P. D. P. By all this it is evident that the whole Kingdom of Scotland was unanimous in this matter and proceeded deliberately in it as that which highly concern'd their Interest yet we see that all their Endeavours were to no purpose for our Enemies were so resolute in opposing our Trade that rather than it should succeed they will not only trample under foot the Laws of Scotland but the Laws of Nations and exactly follow the Pattern set them by the French in huffing and tyrannizing over their Neighbours when at the same time they pretend to make War upon Lewis XIV for practices of the same nature and whilst they cry out upon the Decisions of the Chambers of Brisac and Mets and of the Parliament of Paris as tyrannical and unjust for invading the Rights of Neighbouring Princes and Nations they set up a Cabal at Whitehall to do the like by Scotland and Hamburgh Then let the World judg whether the King of England had not less reason to say that he was ill serv'd in Scotland than the King of Scots had to say that he was ill serv'd in England since one single Address from the Parliament of England prevail'd with their King to forbid all his Subjects to join with the Scots whereas the repeated Supplications of the Company of Scotland the Address of their Parliament and the Authority of Law and his own Letters Patent could not prevail with the King of Scots to do Justice to his own Subjects We wish these Gentlemen would consider this who were so very angry at the Author of the Defence of the Scots Settlement for saying that the King of Scots was detain'd prisoner in England It is very certain that never any King of Scotland before the Union of the Crowns dar'd thus to trample upon their Laws or to oppose the General Interest of the Nation or if they attempted to do it they were quickly made sensible of their being Inferior to the Law and the States of the Nation assembled in Parliament who till the Accession of our Princes to the English Throne remain'd in an undisputed possession of calling their Kings to an account for Male-administration and of disposing of their Lives and Liberties as they saw cause We need not go so far back for Evidence to prove this as Eugenius the 7 th who was brought to his Tryal on suspition of having murder'd his own Wife and acquitted upon discovery of the real Murderers or of Iames III. whose Minions by whose Counsel he governed were taken out of his own Bed-Chamber by the Nobles and hanged over Lauder-bridg and he himself persisting in those Courses was killed in flight after being defeated in Battle by the States and in the next Parliament was voted to be lawfully slain We have a later Instance and the Power of our Nation on that Head was largely asserted and accounted for by the Earl of Morton then Regent of Scotland in that noble Memorial he delivered in to Q. Elizabeth and her Council in defence of our proceedings against Q. Mary whom we dethron'd and in her stead set up her Son so that it is not the principle or practice of any one Party of our Nation tho it has been of late fix'd upon the Presbyterians as peculiar to them but was an Hereditary Right conveyed to us all by our Ancestors practised by Papists before the Reformation and justified by those of the Episcopal Perswasion since particularly by the Earl of Morton beforemention'd who was the first that introduc'd Bishops into our Church after the Reformation Those things are not insisted upon with any Design of applying them to his present Majesty or of incensing the People of Scotland to do so but only to inform those that put his Majesty upon such Courses that they are his greatest Enemies and do what in them lies to destroy him It is the common Right of Mankind to be protected by
AN ENQUIRY INTO The Causes of the Miscarriage OF THE Scots Colony at DARIEN OR AN ANSWER TO A LIBEL ENTITULED A Defence of the Scots Abdicating DARIEN Submitted to the Consideration of the Good People of England Paries cum proximus ardet Res tua tunc agitur GLASGOW 1700. The Introduction THE just Horrour that all honest men conceiv'd at the harsh and unneighbourly Treatment of the Scots Colony at Darien laid the Gentlemen who have been most active against it under a necessity of blackening the Reputation of those concern'd in that Settlement This they thought necessary in order to prevent any enquiry that perhaps might be made Why a Neighbouring Nation united to the Kingdom of England by Situation Government Interest Religion Affection and constant Inter-marriages should be provok'd and trampl'd upon in such a manner contrary to their own Laws and Original Constitution and which may pave the way in time for Treating our Neighbours in the same manner To prevent any such Enquiry those Gentlemen that have been pleas'd to signalize themselves as much by their hatred to the Scotish Nation as the latter have signalized their Valour and Affection for our common Liberty and Religion have been at pains and expence to save the Libeller H s from the Gallows by putting a stop to his Trial and filling his Pockets with Money on condition that he would bespatter the Reputation of the Scots Colony and their Masters The Crime is indeed unnatural for a man to turn Renegado and a Traitor to his Country none but a Monster like H the Surgeon could have entertain'd such a Thought He sold his God in the Last Reign by turning Papist and therefore 't is no great Wonder he should sell his Country in this and solemnly renounce his going Northward for ever provided he might be secur'd against going Westward for once This being the Case of the Doughty Evidence that the Faction have produc'd against the Scots Colony we leave it to the World to judg what credit ought to be given to his Testimony since it appears that he hath giv'n it in to save his Life to gain Money and to give vent to his Malice The latter he owns in the beginning of his Book and repeats it again p. 161. where he says he took this way to right himself because of the Scots here in Town being on his Top and of some other harsh usage which he receiv'd at the hands of the Scots Company The very manner of giving in his Evidence lays him open to the Lash of the English Law and it is to be presum'd that his train of Blasphemies and constant ridiculing the Text would have been taken notice of e're now by a certain Court at the West end of Paul's but that he is protected by some Gentlemen belonging to a Court at the West end of the Town His invenom'd malice is demonstrable by the sport he makes to himself throughout his Libel at the Calamities and Misery of his Fellow-Creatures and Countrymen so that never did any man more exactly fill up the Character of a Renegado than himself for as those Miscreants stab an Image of our Saviour to the Heart as a proof of having absolutely denied him H s hath in the same manner done all he could to stab the Reputation of his native Country as a certain evidence of his being turn'd a Monster in Nature for which even they that imploy him must needs abhor him except they love to see the Image of their own Crimes in his Lovely Features We have not enter'd upon the detail of his malicious Lies with which he hath stuff'd his Book but have only pointed at the chief of them which are so very notorious as may well put his Suborners to the Blush that they should not have either taught him his Lesson better or have seen he had conn'd it more exactly for they are such gross Contradictions either to common Sense or to what he himself had advanc'd in his Libel that none but one who had swallow'd Transubstantiation could be guilty of the like It 's needless to enlarge upon his Character since it 's impossible to conceive a worse Idea of him than all Men of Sense will immediately form to themselves when they know he is a Traitor to his Country He was was formerly a Surgeon in the Fleet and made some Interest amongst the Officers by Female Mediation which was allow'd him by his last Religion for his Book shews that now he has none Hence it is that he expresses himself so readily in the Dialect of his Office and talks of Bullying Kings in his Dedication to shew us that he was acquainted with B-dy-house Rhetorick and they that know his Friends in Little B n say he has convey'd his Libel to the World through a very proper Channel Whilst he was a Surgeon in the Fleet his ill Nature having condemn'd him to perpetual Broyls he had the Impudence to draw upon his Captain ashore who wounded him so as 't was thought might have put a period to his Infamous Life upon which his Captain was Confin'd but the Wound not being Morral the Gentleman was set at Liberty and returning on Board a Council of War was held by which H s was like to have had an Exit more answerable to his desert at the Yard-Arm but that one of our Country-men who Commanded in the Place sav'd him out of Pity and whilst he was sculking at London to avoid this Prosecution others of them out of Compassion hir'd him to go along with their Fleet for which he hath made his Country such a Grateful Reward as hath verify'd the Proverb That save a R gue from the Gallows he shall be the first that will cut your Throat We leave his Suborners to think on 't His Captain being thus disappointed of having Justice executed was forc'd to content himself with Pricking him Run that he might not have any claim to his Wages but since his return from Darien and engaging in the Honourable service of Reviling and Belying his Country his Suborners out of their innate Bounty and Gratitude have got him deliver'd from all farther Prosecution entitled him to his Wages and given him the opportunity to value himself upon his Corespondence at the Court end of the Town so that now he thinks himself sure of a Patent for Life and that he shall never be oblig'd to go up Holborn-Hill except his important occasions call him now and then that way to enable him to pay his present Debts when some of his Brethren pass that Road to pay their last It had been easie for us to have given such a History of his Life as would have put his Suborners to the blush but we reserve that to make use of as we shall see occasion what 's said is enough to let them know how much they are to trust to his Evidence if they think fit to make further use of him either by Libelling his Country or accusing any
to his Catholick Majesty and perhaps on purpose to make him digest the other Project with more ease is like to be of as little advantage to England as was the Sacrifice of the great Sir Walter Raleigh formerly tho it may be infinitely more to their damage If our Neighbours have a mind to be fully inform'd of this matter they know who were imploy'd in those Negotiations and how to speak with them We come next to consider the Opposition made to our Subscriptions at Hamburgh by Sir Paul Ricaut the English Resident there in conjunction with his Majesty's Envoy to the Court of Lunenburg who deliver'd in a joint Memorial to the Senate of Hamburgh threatning them with the heighth of his Majesty's Displeasure if they join'd with the Scots in any Treaty of Commerce whatsoever This we shall not need to make any Reflexions upon the Petitions from the Company to his Majesty and his Privy Council in Scotland being sufficient for that end Their first to the King was dated Iune the 28 th 1697. and is as follows To the King 's Most Excellent Majesty The humble Address of the Council General of the Company Scotland trading to Africa and the Indies May it please your Majesty WHEREAS by the 32 d Act of the 4 th Session and by the 8 th Act of the 5 th Session of Your Majesty's current Parliament as well as by Your Majesty's Patent under the Great Seal of this Kingdom this Company is established with such ample Privileges as were thought most proper and encouraging both to Natives and Foreigners to join in the carrying on supporting and advancement of our Trade The most considerable of the Nobility Gentry Merchants and whole Body of the Royal Burrows have upon the Inducement and publick Faith of Your Majesty and Act of Parliament and Letters Patent contributed as Adventurers in raising a far more considerable joint Stock than any was ever before raised in this Kingdom for any publick Undertaking or Project of Trade whatsoever which makes it now of so much the more universal a Concern to the Nation And for the better enabling us to accomplish the ends of Your Majesty's said Act of Parliament and Letters Patent we have pursuant thereunto appointed certain Deputies of our own number to transact and negotiate our necessary Affairs beyond Sea and at the same time to treat with such Foreigners of any Nation in amity with Your Majesty as might be inclinable to join with us for the purpose aforesaid In the prosecution of which Commission to our said Deputies vested with full Power and Authority according to Law We are not a little surprized to find to the great hindrance and obstruction of our Affairs That your Majesty's Envoy to the Courts of Lunenburgh and Resident at Hamburgh have under pretence of special Warrant from Your Majesty given in a joint subscribed Memorial to the Senate of Hamburgh expresly invading the Privileges granted to our Company by Your Majesty's said Acts of Parliament and Letters Patent as by the herewith transmitted Copy may appear By the which Memorial we sustain great and manifold Prejudices since both the Senate and Inhabitants of the said City of Hamburgh are thereby contrary to the Law of Nations expresly threatned with Your Majesty's Displeasure if they or either of them should countenance or join with us in any Treaty of Trade or Commerce whatsoever which deprives us of the assistance which we had reason to expect from several Inhabitants of that City For redress whereof we do in all Duty and Humility apply to Your Majesty not only for the Protection and Maintenance of our Privileges and freedom of Trade but also for reparation of damage conform to Your Majesty's said Acts of Parliament and Letters Patent And we further beg leave humbly to represent to Your Majesty that tho by the said Acts of Parliament and Letters Patent we conceive our selves legally and sufficiently authorized to treat even with any Soveraign Potentate or State in Amity with Your Majesty for the support and advancement of our Trade yet we by our said Deputies have only treated with particular and private Merchants of the said City of Hamburgh without ever making any the least Proposal to the Senate thereof and this we humbly conceive to be the natural Right and Privilege of all Merchants whatsoever even tho we had wanted the Sanction of so solemn Laws and without some speedy redress be had therein not only this Company but all the individual Merchants of this Kingdom must from henceforward conclude that all our Rights and Freedoms of Trade are and may be further by our Neighbours violently wrested out of our hands We therefore to prevent the further evil Consequences of the said Memorial to our Company in particular do make our most humble and earnest Request to Your Majesty That you would be graciously pleased to grant us such Declarations as in your Royal Wisdom you shall think fit to render the Senate and Inhabitants of the said City of Hamburgh and all others that are or may be concerned secure from the Threatnings and other Suggestions contain'd in the said Memorial as well as to render us secure under Your Majesty's Protection in the full Prosecution of our Trade and free Injoyment of our lawful Rights Privileges and Immunities contained in Your Majesty's Acts of Parliament and Letters Patent above-mentioned Signed at Edinburgh the 28th Day of June 1697. in Name Presence and by Order of the said Council General by May it please your Majesty Your Majesty's most Faithful most Dutiful most Humble and most Obedient Subject and Servant Sic subscribitur Yester P. The King's Answer to the above written Address By the Right Honourable the Earl of Tullibardin c. and Sir James Ogilvie Principal Secretaries of State My Lords and Gentlemen WE are impowered by the King to signify unto you that as soon as his Majesty shall return to England he will take into Consideration what you have represented unto him and that in the mean time His Majesty will give orders to his Envoy at the Courts of Lunenburgh and his Resident at Hamburgh not to make use of his Majesty's Name or Authority for obstructing your Company in the prosecution of your Trade with the Inhabitants of that City Signed at Edinburgh the 2d Day of August 1697. Sic subscribitur Tullibardin Ja. Ogilvie The Company finding that the said Resident did notwithstanding this Answer continue his opposition and deny that he had any orders to the contrary petitioned his Majesty's Privy Council afresh as follows To the Right Honourable the Lord High Chancellour 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 May it please your Lordships 'T IS 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 thereto have bin full of repeated Assurances of his Majesty's good Inclinations for incouraging the Trade and Manufactories of this Nation And whereas accordingly by the 22 d Act of the fourth Session and the 8 th Act of the fifth Session of the said Parliament together with his Majesty's Patent under the Great Seal of this Kingdom our Company is established with such ample Privileges and Immunities as were thought most proper for encouraging both Natives and Foreigners to join in the carrying on supporting and advancement of our Trade we in pursuance and upon the publick Faith thereof not only contributed at home a far more considerable joint Stock than ever was yet rais'd 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 at Hamburgh have under pretence of special Warrant from his Majesty put a stop thereto by giving in a Memorial to the Senat of that City threatning both Senat and Inhabitants with the King 's utmost Displeasure if they should countenance or join 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 addressed his Majesty in Iune last for redress thereof in answer to which Address his Majesty was then graciously pleased to signify 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 the said Ministers at Hamburgh not to make use of his Royal Name or Authority 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 find 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 to your Lordships the Consequences of the said Memorial both with relation to our Company in particular and the Privileges 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 solemn and 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 Incroachment upon the Privileges of so solemn a Constitution 't is 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 and indisputable Independency of this Kingdom which by the now open and frequent Practices of our unkind Neighbours seem to be too shrewdly pointed at And should this Company wherein the most considerable of the Nobility Gentry Merchants and whole Body of the Royal Burroughs are concerned be so unhappy which God forbid as to have its Designs rendered unsuccessful through the unaccountable evil Treatments of our said Neighbours most certain it is that no consideration whatever can hereafter induce this Nation to join in any such other publick Stock tho never so advantageous an 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 Premises to your Lordships 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 Incroachments 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 Signed at Edinburgh the 22d Day of December 1697. in Name Presence and by Order of the said Council General by May it please your Lordships Your Lordships most Obedient and most Humble Servant Sic subscribitur Francis Scot P. And therewith they join'd another to the King as follows 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 May it please Your Majesty BY a former Address of the 28 th of Iune last We have humbly represented to Your Majesty that Your Majesty's Envoy to the Court of Lunenburgh and Resident at Hamburgh did under pretence of special Warrant from Your Majesty give in a Memorial to the Senat of the said City of Hamburgh contrary to the Law of Nations and expresly invading the Privileges contained in the said Acts of Parliament and Letters Patent by which our said 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 signify 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 Minister 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 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 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 pleas'd 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
had conquer'd too before ever he came near Scotland We don't insist upon this with any design to derogate from the Valour of the English Nation which is known all over the World but to stop the mouths of those pitiful Scriblers and to give a Caveat to those Gentlemen about Court who talk so big of conquering Scotland upon this present occasion But we wish them to consult beforehand how England in general stands affected to such a Design and how they will justify the Lawfulness of it lest it fare with them as it did with K. Charles I. and his Cabal who not only in Council advis'd TO REDUCE US TO OUR DUTY BY FORCE RATHER THAN GIVE WAY TO OUR DEMANDS as may be seen in the Representation of the States of Scotland in 1640. but rais'd Money and levied a formidable Army to carry on their Design and yet the Hearts of these Bravos fail'd them when they came in view of the Scots who repuls'd them twice with shame the first time when they encamp'd their great Army near Barwick and the next when we charg'd them at Newburn And at last the best of the Nobility and Gentry of England thought fit to put a stop to those dangerous Proceedings and follow'd his Majesty with a Protestation against them as well knowing that if Scotland were once subdued the Liberties of England could not be long liv'd That it is the Interest of England now to prevent the Ruin of Scotland as much as it was then will appear by the following Arguments 1. That the present Juncture of Affairs makes it necessary for the Kingdom of England rather to strengthen themselves by making new Friends than by procuring new Enemies They are not ignorant that they have a controverted Title to their Crown entail'd upon them and that the Pretenders against those in possession are in the French Interest and under their Protection Nor can they be ignorant that to the old National Hatred betwixt France and England the French have added that of the Protestant Religion Of late years they have declared themselves the most implacable Enemies of it and their King in all his Triumphs has that ascrib'd to him as his greatest Exploit that he hath quelled the Monster of Heresy The case being thus it must needs be against the Interest of England to suffer any froward and headstrong Faction to embroil them with Scotland or to ruin that Kingdom the Consequence of which will be the exposing themselves as an easier Prey to the Conquest of the French or any other Enemy That the French had a hand in fomenting our late Civil Wars and made use of their Firebrands in all Parties is beyond dispute and that it is now more their Interest to divide us than ever is so palpable that it cannot be denied Nothing in human probability could have stop'd the impetuous Current of their Arms but the Interposition of Great Britain and therefore it concerns them both in point of Interest and Revenge to dash us against one another and if the ill Usage that we meet with from the Court of England should force us again into a French or other Alliance the World cannot blame us since the Laws of Nature and Nations are for us Put the case that a smaller number of Christians should be unjustly attack'd by a greater whom nothing will satisfy but the utter Ruin of the former Could any man in conscience blame the weaker Party to call in the Assistance of Iews and Pagans to preserve their own Lives Is it not the same case with the Scots have they not ever since the Union of the Crowns been oppressed and tyranniz'd over by a Faction in England who will neither admit of an Union of the Nations nor leave the Scots in possession of their own Privileges as Men and Christians Was it not a Party in England that impos'd upon us first in Matters of Religion Did we send first to oblige them to submit to the Geneva Disciplin as they call it or was it they that first imposed their Ceremonies and Forms of Prayer upon us Was it we who first invaded them with an Army to subvert their Civil and Religious Liberties or did not they first invade us Was it we who first made Acts against their Trade or they who made Acts destructive of ours Did we issue Proclamations against their Colonies or have they done so by ours In the name of God then let them declare what they would have us to do They will not unite with us nor suffer us to live by our selves Nor must we have any share of their Trade or carry on a Trade by our selves Is it not plain then that the Faction oppress us and yet we must not complain of this sort of Treatment 2. If the state of Affairs in Ireland be consider'd it will appear to be such as may make it dangerous to suffer the Scots to be oppressed and provok'd in this manner It is well enough known that the People of Ireland are not very well pleas'd with their Treatment by some in England This together with the great numbers of Scots in the North of that Kingdom who bear a natural Affection to their Country and would be very uneasy to see its Ruin may prove of dangerous consequence in case of a Rupture with Scotland 3. It will further appear to be the Interest of England not to suffer the Scots to be so much run down if they consider the posture of their own Affairs at home The Divisions and Animosities betwixt the several Parties in England are well enough known So that besides the sport it would afford to the common Enemy of our Religion and Country to see those two Nations engaged in War the Enemies of the present Government would be sure to improve it and watch for an opportunity to avenge themselves for what has been done against the late K. Iames and his Friends It is well enough known what hopes they and some People beyond Sea conceive from the Differences that this Treatment of the Scots may probably occasion and as they have an irreconcilable Hatred against our Nation because we declar'd so generally against the late King and are so zealous for his present Majesty there 's no doubt but they will foment our Divisions as much as they can and insinuate themselves with both Parties in order to set them together by the Ears They know that so many as fall in England of those who adhere to the present Constitution and so many as fall in Scotland for supporting the Trade and Freedom of their Country so many Enemies they are rid of therefore there 's no question but they promise themselves a plentiful fishing in such troubled Waters It likewise deserves the consideration of our Neighbours that they don't stand at present in very good Terms as to Matter of Trade with France Holland and Flanders nor is it well known what the Issue of the present Controversy with Spain about regulating their
Succession may be The impending differences betwixt the Northern Crowns may perhaps in a little time imbroil them with one or other of them and affect their Trade also on that side All which being consider'd it would seem to be the Interest of England to assure themselves of the Friendship of the Scots by treating them in a kind and neighbourly manner 4. It will appear in particular not to be the Interest of the Dissenters and sober Churchmen that the Scots should be thus run down because their own Ruin will be the unavoidable Consequence of it This they may soon be convinc'd of if they will give themselves leave to consider how they were treated in K. Charles the First 's time when the Court did swell with so much Rage against the Kingdom of Scotland for asserting their Liberties then as they do now All those Church of England-men that could not conform to the Innovations brought into the Church by Laud and his Party were treated as Puritans and Schismaticks and those that appear'd for the Liberties of the Nation against the Ship-money and other Arbitrary Impositions of the Court were treated as Rebels and Traitors If they look into the two last Reigns it will appear as plain as the Sun that when Scotland was oppress'd and their Liberties wrested from them the Dissenters and moderate Church-men in England were brought under the lash the former were depriv'd of their Religion and Liberties and the latter expos'd to destruction by Sham-plots c. because of their appearing for the Laws of their Country We need mention no more Instances to put this out of Controversy than those deplorable ones of the Earl of Essex and Lord Russel to which we may add the shameful and barbarous Treatment of the worthy Mr. Iohnson Chaplain to the latter because he so excellently defended with his Pen the Birth-right and Freedom of all true Englishmen From all this it will appear that England in general must suffer by the Ruin of Scotland and that those who have all along stood up for the English Liberties must lay their Account to come under the lash if once our Necks come under the Yoke therefore we dare appeal to the sober Men of the Church of England Whether it be their Interest that a Nation which agrees with them in all the Articles of their Church those about Discipline excepted should be destin'd to ruin because we believe with most of the Reformed Churches that there is no Office superiour to that of a Presbyter of divine Institution Must we be denied the Privileges of Men and Christians because we think that the Discipline of the Church may be more safely intrusted and more faithfully administred by the joint Indeavors of the Minister and the Heads of his Congregation by an Association of neighbouring Ministers and the Heads of their Parishes and by Delegates both of the Clergy and Laity of those Associations in a general Convocation than by another Model But enough of this Subject Let any Man peruse the learned Archbishop Vsher's Treatise of Presbytery and Episcopacy reconcil'd and there they will find that the difference is not so great as some People have made it their business to make the World believe But if nothing less than our destruction will serve those Gentlemen because our Church is of a different Constitution from that of England and that our political Principles and original Constitution are diametrically opposite to arbitrary Power let the Dissenters of England and all those Church-men that concurr'd in the late Revolution look to it When their Neighbour's House is on fire it's time for them to prepare their Bucket's If this Digression be thought impertinent H s and the Answerer of the Scots Defence must bear the blame of it They would insinuate to the World that the Affair of our Trade and Colony is a Presbyterian Project on purpose to render it odious and suspected to the Church of England therefore it was necessary to obviate that false and malicious Suggestion and to acquaint our Neighbours that the Company make no difference as to the matter of Perswasion and let it be put to the Test when they please it will be found that those of the Episcopal Opinion are as zealous for the thriving of our Trade and the Honour of our Nation both of which are concern'd in this Affair as any of the other To wind up this matter if any Party in England entertain suspicions of us the better way to prevent us is to treat us kindly and enter into an Union with us on such Terms as his Majesty and the Parliament of both Kingdoms shall agree and so as the Civil and Religious Liberties of both People may be preserved That will be easier and safer than to relie on the Hopes of an uncertain Conquest or if they don't think fit to do so it 's but reasonable they should leave us in the undisturb'd possession of our own Liberties But if they will do neither let them no more accuse those that complain of this Treatment as Incendiaries but seriously examine whether they themselves mayn't with more Justice be accounted Oppressors PART II. Being a more particular Answer to H s's Libel WE come in the next place to take a Survey of H s Libel intituled The Defence of the Scots abdicating Darien and shall speedily shew to how little purpose his Suborners have spent their Pains and Mony on him The first Line of his Performance is a Banter upon his Majesty whom he charges with investing our Company with immense Privileges and Immunities by his Octroy of 1695. There 's no Man can be answerable for more sense than God has given him but tho H s understood no better his Masters at White-hall of whom he brags so much ought to have taken care that he should not run into Nonsense and an Invective against his Majesty at first dash To talk of granting us immense Privileges is to impeach his Majesty's Wisdom as if he had done a thing without parallel which is directly to incense the Kingdom of England against him as some bad People indeavour'd to do when by a Misrepresentation of our Design they stir'd up the House of Commons against it But had the Surgeon or his Suborners look'd into the Privileges of 21 Years freedom from all manner of Taxes granted to the Dutch East-India Company by the States of Holland and the vast Immunities granted by the French King the Danes and Brandenburghers to their Companies for trading to the East-Indies or even to those granted to the English East-India Company at first they would have found there was no reason to charge his Majesty with granting us such immense or unparallel'd Privileges or ascribing it to his not well knowing what he did for the noise of the Guns at Namur as this petulant Scribler does Dedication pag. 9. But if H s and his Suborners exclaim against our Privileges as immense they are resolv'd to diminish the Authority by which
Monarchs in their Grants and leave them no other Troops but their Garisons and Guards It was the Observation of the Earl of Shaftsbury whom his Enemies will own to have been a great Statesman that Scotland is a Door to let in Good or Evil upon England which is verified in the latter at least by the whole Course of our History since the Union for when K. Iames I. succeeded in trampling upon us he quickly began to huff his Parliaments in England and notwithstanding all the Remonstrances of Church and State would needs have a Popish Match for his Son tho he should sacrifice the Great Sir Walter Rawleigh his own Daughter the Queen of Bohemia and her Children together with the Protestant Interest in Germany to make way for it When Charles I. obtain'd footing for his Impositions on the Church and State of Scotland it 's well enough known what Methods he took with England and how he sacrific'd the Protestant Interest in France whilst he eagerly pursued an Arbitrary Sway at home When Charles II. got his Prerogative exalted and an Army at his Call allow'd him in Scotland it 's too late to be forgotten how he trod under foot the Liberties of England seiz'd the Charters of their Cities cut off whom he would by Sham-Plots and pav'd the way for Popery and Arbitrary Power When K. Iames II. did by his absolute Power and unaccountable Authority cass and annul all the Laws establishing the Reformation in Scotland it was not long e're he suspended the Laws imprison'd the Bishops and fill'd with Papists his Council Army and Universities in England From all which it is evident that our Neighbours have reason to look to themselves when we are oppress'd for in all probability their Acts of Parliament will not be long regarded when ours are annull'd and made void by the Intrigues of the Courtiers and West-India Proclamations The very Advocats of Tyranny make use of this as their Herculean Argument That the People having once resign'd their Privileges to the Crown have no more right to demand them which tho we will not allow to be any ways concluding yet we may very well make use of it ad hominem that a pari ratione when once a Prince has touch'd with his Scepter a Law for the benefit of his Subjects it is not in his power to revoke or counteract it or if he do by the same Power that he absolves himself from his Obligation to protect and defend his Subjects he absolves them from all obligation to pay him any Revenue or Allegiance This is the Birth-right of all Scots-men and if our Neighbours in England have a mind to sit still and see us bereft of it all the benefit they can expect from it is to have the Privilege of being devour'd last The rest of his Banter upon his native Country serves only to lessen his own credit and to make even those that set him at work curse him in thought not only as a Monster in nature but as dishonest to them by depriving them thus of the benefit of his Evidence for which they have paid him so well since no body in the world can think a man will have any regard to Truth that in such an impudent manner breaks thro all the Ties of Nature and as a just Judgment for so enormous a Crime is so far depriv'd of his reasoning Faculty that he is not fensible of his cutting his own Throat by contradicting himself almost in every Paragraph He upbraids us in one Page with not having dar'd to descend into the Plains and that those gallant Men our Ancestors durst not assemble for Worship before the Union except in a House whose Wall was twelve or 14 foot thick or to whisper their Prayers or Carrols thro the Cliffs of the Mountains In the next Page he tells us he has no Inclination to offer any thing in opposition to the Gallantry of our Ancestors and in some Pages following he impertinently ridicules the Valour of our Country in the Story of Baliol which he perverts in such a manner as no man but himself is capable of We don't think it worth while to answer him according to his Folly but shall once for all let him know that the most invective of the English Historians that wrote in the heat of the War do us more Justice than this unnatural Renegado There 's no Nation in Europe where we have not given proofs of our Valour nor is there a Court in Christendom where Scots-men are not valued on that account Sam. Daniel one of the best of the English Historians owns that never any People of the World did more gallantly defend their Liberties than we did in that very instance of Baliol when we were without a Head and from thence infers what was it we could not have done had we been then under the conduct of such a Leader as K. Robert Bruce Speed one of the gravest of the English Historians does generously own that few great Actions have been perform'd in Europe where the Scots have not been with the first and last in the Field We could easily give a proper Reply to the impertinent Romance which he brings about Baliol that would tend as much or more to the dishonour of Edward I. II. and III. than any thing that he and his Suborners have suggested can tend to the dishonour of our Nation but we forbear it having no design to reflect upon our Neighbours notwithstanding the rude Treatment and Provocation that we have had from H s and others on this occasion We can without thinking our selves injur'd own that the English are as brave Men as any in the World and are satisfied that such of our Neighbours as are Men of Honour and Reading will allow us the same Character We perceive it is the design of this Libeller and others to represent the English Nation as Enemies to us in this matter on purpose to set us together by the Ears but we are satisfied of the contrary as well knowing that not a few of our good Neighbours are much surpriz'd and displeas'd with our Treatment and look upon the same to be the effect of such Councils as are destructive to the Interest of both Nations We shall conclude this point with one Observation more upon H s's Ignorance and Malice in denying that the Scots expell'd Baliol from the Crown when such a noble Monument of the truth of it as the original Letter of the States of Scotland is still to be seen in the University of Oxford and exemplify'd by Dr. Burnet now Bishop of Sarum in his History of the Reformation and since it is also plain that our Ancestors chose Robert Bruce King during Baliol's Life-time and that Baliol at last resign'd all his Pretensions confess'd his Fault in subjecting the Crown of Scotland to that of England own'd that he was deservedly thrust from the Throne for it congratulated his Kinsman Robert Bruce's Advancement and that he had restor'd