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A44054 A Defence of the Scots abdicating Darien including an answer to the defence of the Scots settlement there / authore Brittano sed Dunensi. Hodges, James.; Harris, Walter, 17th/18th cent.; Foyer, Archibald. 1700 (1700) Wing H2298; ESTC R29058 118,774 233

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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 Senat 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 Senat 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 been full of repeated Assurances of his Majesty's good Inclinations for incouraging the Trade and Manufactories of this Nation And whereas accordingly by the 22d Act of the fourth Session and the 8th 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 June 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
the Help of Spectacles may plainly perceive that he sticks at nothing to advance his Cause either by wresting or perverting the Truth of the History by reason there can be no Parity in the Example between the several Cases of these dead Kings whom he now brings on the Stage and King William nor is there any Colour of Allusion to introduce them here for Scare-crows For the Truth of the Story runs thus After the Death of Alexander the Third Ten or a Dozen far-fetched Relations of the Royal Family standing Competitors for the Scots Crown it was agreed on by the different Parties to prevent the Effusion of Blood that the Trial of their several Claims should be referr'd to Edward the First of England Edward accepting the Office came to Berwick then a Scots Town where after a long time spent in canvassing the several Titles he found Bruce Baliol and Cummin stand fairest for it To make a long Tale short he now found it in his Power to accomplish that which his Predecessors struggl'd for for some Hundred Years before to wit a Submission of the Scots Crown to that of England He felt Bruce's Pulse but it did not beat to his Mind then he sounded Baliol who had more English Blood in him by half than Scotch who easily condescended to his Terms Edward declares John Baliol King of the Scots and the Scots Nobility having swore Allegiance to him in his Presence proceeded to his Coronation That being over the new Scots King with his Nobility came to King Edward to thank him for his Civility at Newcastle where having been splendidly regaled for some time and the English King being to set out for London John Baliol with his Train of Nobles came in a full Body to kiss his Royal Fist where on a suddain King Baliol claps down on his Knee and swore Fealty to Edward as his Sovereign Lord and to hold the Scots Crown for ever of him and his Successors Kings of England Baliol having ended this Ceremony pointed to his Subjects to follow his Example which being needless to dispute on that Ground no Body stumbl'd at it save a peevish Old Gentleman by Name Douglass who was Caged up for the Remainder of his Life for want of good Manners Baliol and his Nobility march'd home to Scotland as chearfully as Half a Dozen Citizens Wives return to their Husbands after they have been decoy'd into a Ramble and kiss'd by strange Fellows and they being all alike Scabby made no Words on 't for some Years and perhaps had not then if a rash Sentence had not been pass'd by Baliol in his own Court in Prejudice of a certain Thane or Earl who thinking himself injur'd appeal'd to Edward as Sovereign Lord King Edward being willing to show his Grandeur summon'd Baliol up to London and being seated on a Throne in his Court of Judicature his Fellow King had the Honour to set by him till such time as the Tryal came on and then he was oblig'd to step down to the Common-Bar and Plead for himself The Gentleman had got so much Scotch Blood in him by his Three Years Government of that Kingdom that he stomach'd the Disgrace and could not tell how to digest it till he went Home and consulted his Nobility who were all alike tardy with himself It was soon agreed on to bid Edward Defiance declaring That their King and they were only trick'd into their Submission by his foul Artifice Both Nations Arm'd but Edward got the Better on 't for having over-run Scotland and made them once or twice swear heartily anew and having caught John Baliol by the Neck would never afterwards trust him with such an Office but kept him Prisoner at London for many Years till at the Intercession of the Pope and French King his Imprisonment was enlarg'd to France where he died a Quondam King Now whether this Fate of John Baliol has any Relation to what your Author designs since 't is plain that Edward both made and unmade him and not the Scots I refer it back to himself to reconcile As for the other Baliol by Name Edward and Son to this John he finding that Robert Bruce was the Second time dead came from France to England and there having Edward the Third's Leave to raise what Men he could to seat himself on his Father's Old Throne found Voluntiers enough who were the Relations of those who were foil'd at Bannocksburn and with those and a few of King Edward's Ships he lands in the Heart of Scotland and set young David Bruce's Crown on his own Head without asking the Scots Leave and kept it till D●vid with the Assistance of his Father-in-Law the French King took it from him again Neither can I see the Paralel in this with King William's Case for Edward Baliol took the Crown at his own Hand nolens volens whereas King William had it press'd upon his Head by the unanimous Consent of the Scots Nation As for the other Two Examples of James and William the First what they did while it was their Misfortune to be Prisoners in England could not stand in Law neither did I ever hear that after their Freedom and Restauration to their Dignities their Scots Subjects did ever reckon it to them for Sin But as there 's no great Advantage or Credit to be purchased by ripping up such old Sores so I am willing to leave tracing this Gentleman's Evidences and rather take Things on his own Authority than foul Paper about it Mean while I 'll be as impertinent as he is with his Earl of Strafford and some others and acquaint you with something that may be nearer the Case It has been observ'd in Scotland in the Course of several Ages that it hath been ever fatal to Families when they became so powerful as to swell beyond their Proportion Witness that of the Cummins in Robert Bruce's Reign the greatest that ever has been in Scotland Witness that of the Gouries of a latter Date And if I should add that of a latter Family within the Reach of our Memory which might have reasonably been reckon'd in the same Class had it not been for the happy Accident of the Revolution I cannot be far mistaken I say most of these Gentlemen being too great for Subjects lost themselves with Jearus in their Flight Some got red-hot Iron Crowns and others Halters but that which was more Tragical their whole Families and Dependants were hung up like Haddocks to dry in the Sun that they might never afterwards rise in Judgment I heartily wish there may no such Examples happen in our Age and that no suspected Persons sit so close to the Machine of your Colony nor wind up its Spring further than it will go least it should snap and the Ingineers get o'er the Fingers End Being sensible that I have trespass'd in the Epidemical Crime of my Fellow-Scribblers by swelling my Dedication beyond its Proportion and perhaps said more than some Persons care
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 Jews 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. James 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 Scottand 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. Johnson 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