To His Grace His Majeſty's High Commiſſioner, and the Right Honourable the Eſtates of Parliament.The humble Repreſentation and Petition of the Council-General of the Company of Scotland, Trading to Africa and the Indies.

IT is evident by the whole Strain of Three ſeveral Acts of Parliament, together with His Majeſty's Let­ters Patent under the Great Seal of this Kngdom, in favours of the ſaid Company, That the Wiſdom of the King and Right Honourable Eſtates did intend, that all ſuch Advantages as might ariſe by the eſtabliſhing of ſuch a Company, ſhould be of as univerſally a National Concern as poſſible; And in or­der thereunto, were pleaſed to endow it with large Priviledges and Immunities, ſuteable to the Circum­ſtances of an Infant-Company, and the Greatneſs of its Deſigns: And leſt that it ſhould fail in the Exe­cution, for want of a ſufficient Stock to carry on ſuch an Undertaking, all imaginable Parliamentary Encou­ragement was given to Perſons of all Ranks, Ages and Sexes, both within and without the Kingdom, whe­ther Natives or Foreigners, to become Partners and Adventurers in the Joint-Stock of the ſaid Company, as is ſingularly manifeſt by the 42d. Act of the 5th Seſſion of this current Parliament, ſpecially calculated for that end only.

Upon the publick Faith of having due Protection in the enjoyment of theſe unqueſtionable Priviledges and Immunities, as having received their Sanction from His Majeſty, and the unanimous Suffrage of the Great Council of the Nation as aforeſaid, many Perſons of all Ranks and Degrees were thereby induced to become Adventurers in the Joint-Stock of our ſaid Company, in ſo much that in a very ſhort time, a much more conſiderable Stock was ſubſcrib'd for within this Kingdom, than was ever before ſo much as propos'd here upon any Project whatſoever, ſince we were a Nation.

••ing thus entred into a Society, We and our Conſtituents have purſuant to the intentions of the Acts of Parliament and Letters Patent above-mention'd, with much care and trouble, and a great Expenſe of Treaſure, after having ſtruggled with many unexpected Obſtructions and Difficulties, ſetled a Plantation, by the Name of Caledonia, in one of the moſt Healthful, Fruitful, naturally impregnable, and every way valuable Places in all America, as is univerſally acknowledged by all Perſons of Experience in ſuch Matters, as well as by the General Conſent of ſuch as have been there: And, as a manifeſt proof thereof, tho' our ſaid Plantation be ſettled moſt ſtrictly in the terms of the Acts of Parliament and Letters patent above mentioned, yet it has raiſed the Jealouſy of ſome, and Envy of others, of the moſt knowing and conſiderable Trading Nations it Europe.

But, to our and the Nations great Surpriſe, and ineſtimable Loſs, while we were uſing all ordinary means and big with the hopes of riveting that Settlement upon a laſting Foundation, ſuch was the further continu­ed Chain of unexpected Obſtructions and moſt unaccountable Mal-treatments that we met with, by Procla­mations of a very ſtrange Nature, and otherways, that the repeated Misfortunes following thereupon, pu•us under an indiſpenſible Neceſſity of humbly petitioning His Majeſty for allowing the Parliament to mee•at the day appointed in November laſt; in full confidence and Expectation of having the moſt natural and cordial Aſſiſtance from thoſe who firſt eſtabliſhed our Company, and promiſed it Protection; eſpeciall ſince all our other Applications have hitherto proved ineffectual: But a meeting of the Eſtates in Parlia­ment at that time not quadrating (it would ſeem) with His Majeſty's other Affairs, a very conſiderable Bo­dy of the Nobility, Gentry, and Burgeſſes of this Kingdom, thought fit, in a moſt dutiful and humble ma•­ner, by their late Addreſs, to repreſent to His Majeſty, how deeply they were affected with the Nation concern in our Company's repeated Misfortunes, and therefore humbly Petitioned for the ſitting of th•Parliament as ſoon as conveniently might be. And the King having been moſt graciouſly pleaſed to o•d•the Meeting of the Right Honourable Eſtates now in Parliament, We think our ſelves in all duty bound〈◊〉give His Grace His Majeſty's High Commiſſioner and the Right Honourable Eſtates, a ſhort a•­naked Narrative of the ſeveral Obſtructions, and Misfortunes that we have been all along forc'd to gra­ple with in the proſecution of our Company's Deſigns, to the end that the great Council of the Natio•having a perfect View and full Knowledge of theſe Difficulties which we now Labour under, may be t••better able to to judge how to apply a Remedy.

The firſt attempt for ſtrengthning our Company's Intereſt and Stock was at London, where a Subſcripti••of 300000 sterl. was procured in Nine days time, without ſo much as a publick Advertiſement, and ma••knowing Merchants were ſo far convinc'd of the many Advantages that might probably ariſe from ſu••a Conſtitution, that they ſignified their willingneſs to be concerned for Triple the Sum, if allowed: I not only did the Parliament of England by their Addreſs to His Majeſty of the 13th of December 1695. a otherways, render that Subſcription ineffectual, but the Houſe of Commons did alſo appoint a Committ to examine what Methods were taken for obtaining the Act of Parliament, by which our ſaid Company is eſtabliſh••who were the Promoters and Adviſers thereof; and did afterwards impeach the Nominees in the ſaid Act Parliament; notwithſtanding the abſolute Independency of this Kingdom:

Yet after all this Diſcouragement, we went on with our Subſcriptions at home, and made our〈◊〉Effort for ſtrengthning thereof beyond Sea, both in Holland and Hamburgh: In the firſt of which pla•many eminent Merchants declared their poſitive inclinations to be very conſiderably intereſted with us,〈◊〉gave ſome ſignal Proofs thereof, till they were made to underſtand by Threatnings and other Inſinuati•that a Higher Power would make them at leaſt very uneaſy, if they perſiſted any further in their Reſoluti••of being concerned with our Company.

And at Hamburgh, where we had the moſt promiſing Hopes of foreign Aſſiſtance, the Commercii or Mer­chant-Company, entred into Contract with our Company's Deputees, to joyn at leaſt 200000 l. Sterl: to our Company's Stock; but to our great Aſtoniſhment, His Majeſty of Great Britains Miniſters there, did, under pretence of ſpecial Warrant from the King, put a full ſtop thereto, by giving in A Memorial to the Burgo-Maſters and Gentlemen-Councellours of that City, wholly diſ-owning the Authority of the Acts of Parliament, and Letters Pa­tent above-mention'd, and intimating that His Majeſty would regard their entring into Treaties with our Company as an Affront to His Royal Authority, and that he would not fail to reſent it, as having neither Credential Letters, nor being any otherways Authoriz'd by His Majeſty.

Upon notice whereof, we did in all humble Duty Addreſs His Majeſty in June 1697, for Redreſs of that open and bold Encroachment, upon not only our, but alſo the Nation's Rights, in its moſt fundamental Con­ſtitution, by endeavouring to ſubvert the Independency of its Parliamentary Laws, expreſly contrary to the Law of Nations: All which His Majeſty by His Royal Letter from Flanders in July 1697, Promiſed to take into Conſideration, as ſoon as he would return into England, and that in the mean time, His Majeſty would give Orders to His Mi­niſters at Hamburgh, not to obſtruct our Company in the proſecution of its Trade with the Inhabitants of that City.

In the full Confidence of His Majeſty's Royal Promiſe, we thought our ſelves ſecure, and took our Mea­ſures accordingly, till to our further ſurprize, we found by ſeveral Inſtances, that His Majeſty's ſaid Miniſters were as wickedly bent againſt us as ever, and ſtill denying that they had got any ſuch Orders from His Maje­ſty: whereupon the Directors of our Company, did, by their Letter of the 28 of September 1697, expoſtulate in the firſt place, with both the then Secretaries of State, about that further Diſ-appointment, but having ſtill no Redreſs therein, we did in moſt humble and dutiful Manner, by our ſecond Addreſs of the 22d. day of December 1697. lay the whole Matter again before His Majeſty; And did likewiſe, at the ſame time, not only humbly Repreſent the Premiſſes to His Majeſty's moſt honourable Privy-Council, together with the train of ill Conſequences that muſt neceſſarly attend ſuch Treatment, if not prevented by an early Redreſs; but wrote alſo ſeparatly to both the Secretaries of State, and ſuch other Noble Perſons of the Government, as happen'd to be then at London, To uſe their Joint-Intereſt, for procuring Juſtice, in a Matter of ſuch Uni­verſal Concern to the Honour, Intereſt, and Independency of the whole Kingdom.

All the Anſwer we obtain'd, was by a Letter of the 17th of January. 1698, from both the Secretaries of State: That the King ſaid, He had already given Orders to His Reſident at Hamburgh in that Matter, conform to His Royal Letter from Flanders, in July 1697, which was then communicated to the Company.

By which Anſwer, together with what repeated Advices we had at the ſame time from Hamburgh, that the Engliſh Miniſters there, had ſtill poſitively diſowned their having got any ſuch Orders, we were put out of all Hopes of having any Redreſs, until we ſhould have an Opportunity of laying the whole Matter before a Meeting of the Eſtates of Parliament.

But in the mean time we proceeded, with all the Strength we had (tho' extremely weakned by the Treat­nent above-narrated) to make the beſt Preparations we could (conſidering the Scarcity of theſe Years) for•tting out an Equipage of Ships, Men, Proviſions, and other Neceſſaries, for ſettling a Plantation in Ame­•ica, in the Terms of the Acts of Parliament, and Letters Patent above-mention'd: And its evident by the•ery Conſtitutions of the Colony, that they were calculated more for the general Advantage of the Nation•nd Poſterity, than for the particular and immediat Benefit of the Adventurers.

And the Parliament happening to meet the very next Day after our Ships had ſail'd, we did, by our Hum­•le Petition of the 22d. of July 1698, Repreſent to his Grace, His Majeſties then High Commiſſioner, and•e Right Honourable Eſtates then aſſembled in Parliament, the Treatment which our Company met with•t London and Hamburgh as aforeſaid, the great Prejudices which we had ſuſtain'd thereby, and the many•rther Inconveniencies and evil Conſequences that muſt neceſſarly have followed thereupon, if, upon any•ccount whatſoever, the Parliament ſhould happen to neglect the taking immediat Cognizance of ſuch•ſage.

And the Parliament having thereupon, by their Unanimous Addreſs of the 5th. of Auguſt 1698, to His Ma­••ſty, thought fit to manifeſt their own, and the whole Nations Concern in that Matter, earneſtly entreating, and•ost aſſuredly expecting, That His Majeſty would, in His Royal Wiſdom, take ſuch Meaſures, as might effectually vin­•cat the Undoubted Rights and Priviledges of the ſaid Company, and ſupport the Credit and Intereſt thereof; And the Par­••ament likewiſe, by the ſame Addreſs, recommending the Concerns of the ſaid Company to ſome ſpecial Marks of His Majeſties Royal Favour, as that Branch of the Trade of this Kingdom, in which they, and the Nation they repreſented,••d a more peculiar Intereſt; The Court of Directors of our Company were thereby encourag'd to renew••eir Application to His Majeſty, with relation to the Memorial given in by His Miniſters to the Senate of•amburgh, (the ſame being ſpecially mention'd in the Parliaments Addreſs:) And in Conſideration of the•ammages ſuſtain'd by the Company, through Means of that Memorial, the Directors humbly Petition'd,•at His Majeſty would be pleaſed, for their Encouragement at that time, as a Gracious Mark of His Roy­••Favour, to beſtow upon them the two ſmalleſt of the Frigots, then (and to this Hour) lying uſeleſs in•untiſland Harbour.

But our Company having no manner of Anſwer to either of theſe, and being aſſured by ſeveral Letters•m Hamburgh, That both the Engliſh Miniſters there, had poſitively denyed their having received any ſuch•ders, as were long before promiſed, and declared to have been given, with relation to that Memorial, the•urt of Directors of our Company did, by their Letter of the 29th. of November 1698, tranſmit Copies of〈◊〉ſaid Letters to the Viſcount of Seafield, then ſole Secretary of State, and entreated his Lordſhip, to•cure ſome ſpeedy and effectual Anſwer from His Majeſty to the Contents of both that Letter, and their•mer Petition.

The Secretary, by his Letter of the 13th. of December 1698, returned for Anſwer, That he would take the firſt•enient Opportunity he could have, to repreſent that Matter to the King, but that he could not expect to have it for〈◊〉time, becauſe His Majeſty was then very much imployed in the Affairs of His Engliſh Parliament.

•e thereupon waited a full Month, in expectation of ſome further Anſwer, but getting none, our Court of•ectors did, by a Letter of the 13th. of January 1699, put the Secretary again in mind of our ſaid Petition of preceeding Auguſt, and Letter of the 29th. of November.

•he Secretary, by his Letter of the 7th. of February 1699, ſignified, That he had preſented our Company's Peti­to His Majeſty, and was commanded to let us know, that there being Accounts, that the Ships belonging to the Com­pany,3 were arriv'd upon the Coaſt of America, and the particular Deſign not being communicated to His Majeſty, He there­fore delayed to give any Anſwer, until he ſhould receive certain Information of their Settlement.

Tho' we could not but be ſurpriz'd, to find all our former Addreſſes and Petitions, about Matters of ſuch weighty Concern, as are above narrated, Anſwered, after ſo long Delays, only with a ſeeming Charge, for not having communicated to His Majeſty a thing that was never in the leaſt demanded of us, by either the King, Parliament, Privy Council, or Miniſters of State, we being limited to ſettle in the Terms of the Acts of Parlia­ment, as we ſhould be Anſwerable: Yet upon the very firſt Advice we had of our Colony's Settlement in Caledonia, we, by our Letters of the 31ſt. of March, and 1ſt. of April 1699, gave a very full and dutiful Account thereof to His Majeſty, and to both the Secretaries of State, together with an Account of the French Deſigns thereabouts, and of what Import our ſaid Settlement (if duly protected) might prove to the Intereſt and Security of all His Majeſties Dominions, and referred the ſame, together with the Contents of our for­mer Petitions, to His Majeſties Royal Conſideration.

About this time it was, That His Majeſty was pleaſed to call the Preſident of the Seſſion, and the Ad­vocat to Court, to the end (as we underſtood) that they, jointly with both the Secretaries of State, might, in a Conference with ſeveral of the Engliſh Miniſters, ſatisfy His Majeſty, as to the Legality of our Com­pany's Settlement: Which (by all that ever we could learn) was then (and otherways ſince that time) made clear beyond all manner of Diſpute.

But while, in the mean time, we were pawning even our own particular Credits, for ſending the needful Supplies of Ships, Men, Proviſions, Arms, Ammunition, and other Neceſſaries, for ſecuring ſo valuable a Settlement to this Nation, we were aſtoniſhed to have Advice, That, by Orders from England, in January 1699, Proclamations had been emitted, in the Months of April and May, over all His Majeſties Planta­tions and Territories in America, ſtrictly Intercommuning our Colony, under very ſevere Penalties to be inflicted on the Contraveeners of theſe Proclamations, in regard that His Majeſty (as theſe Proclamations narrate) was unacquainted with the Intentions and Deſigns of the Scots ſettling at Darien.

As we humbly conſidered theſe Proclamations to be ſuch, as were never before publiſhed in thoſe parts, againſt any other People upon Earth, and of ſo Barbarous a Nature, as we thought, no Good Chriſtians would put in Execution even againſt Infidels; So finding our ſelves unqueſtionably warranted by all Laws Humane and Divine, we perſiſted in our Endeavours for maintaining that Settlement, as hoping, that, through means thereof, this Nation might, in time, have an Opportunity of raiſing it ſelf above the open Con­tempt, Reproach and Inſults of its unkind Neighbours, and of propagating the Goſpel amongſt the Igno­rant good Natur'd Indians of thoſe parts.

But before our Recruits could poſſibly arrive at Caledonia, our Colony got certain Accounts of theſe Pro­clamations; and finding at the ſame time, the ſad Effects thereof, by being denied any the leaſt Help, ei­ther for Goods or Money, at Jamaica, from whence they had formerly Supplies; And that in the Pro­clamation iſſued by Sir William Beeſton, Governour of that Iſland, he had poſitively declared, That by their Settlement in Darien, they had actually broken the Peace entred into with His Majesties Allyes (which they believed he durſt not venture to have done without a ſufficient Warrant) And finding themſelves thereby to be of conſe­quence declared Pirates, without any previous Summons or Hearing, contrary to the Cuſtoms and com­mon Uſage of all Nations, even in the caſe of real Piracy; and founding a Belief, at the ſame time, on the Treatment which they knew our Company had formerly met with in Europe, without being Redreſs'd therein, that we were not in a Condition either to ſupply or protect them, they unhappily took the Alarm, under ſuch a General Conſternation, as deveſted them not only of all manner of patience to ſtruggle with any Inconveniencies they lay under at the time, but alſo of all manner of prudence, in taking any reaſon­able Meaſures either for their own Security, or for our Company's intereſt. In the midſt of which Con­fuſion thoſe of them who had any bad Deſigns (as we could not well ſuppoſe ſuch a Number to be free of ſome) made uſe of theſe Proclamations as handles, by which to perpetrate their own ſeveral ends, and eaſily perſwaded all the reſt to leave the Settlement: Which they unadviſedly did the 20th of June laſt. And by that means not only have the Ships, Men & Goods, which were there at that time, been expoſed to the Ar­bitrary will of thoſe to whom the Execution of thoſe Proclamations was given in Charge, but even all our ſubſequent Meaſures brought into inevitable diſorder.

Upon Information of all which, we did, by our humble Petition to His Majeſty of the 19th of October 1699, in all humility and earneſtneſs, beg, That His Majeſty would in His Fatherly care for the good of our Com­pany in particular, and of the Nation in General, be graciouſly pleaſed to give ſome ſpecial Teſtimonies of his Majestys Royal Protection to our Company at that Juncture, and particularly to take off the Force and effect of thoſe Proclamations which have been ſo prejudicial to us, and to ſignify his Royal pleaſure to the Governours of hit Plantations in America, that our Colony might be ſupplied in the common and ordinary way of Commerce as thoſe of other Nations are; And that in the mean time His Majeſty would be graciouſly pleaſed to allow the Eſtates of Parliament to meet at the day appointed in November laſt, or as ſoon as conveniently could be, to the end that their Advice and Aſſiſtance might he had in ſuch a weighty and General Concern.

We likewiſe, by our humble Addreſs to His Majeſty's moſt Honourable Privy Council of the 20th of Octo­ber 1699, Repreſented what we thought in duty and prudence neceſſary, with relation to the Contents of our ſaid Petition to his Majeſty, Humbly referring the whole to their Lordſhips moſt ſerious conſideration, and praying that they would be pleaſed to do us all the good Offices with His Majeſty that they'd think moſt expedient for ſupporting our Company and Colonys Interest; and to give him an account of our Company's hard Circumstances, and how much the Ho­nour and Intereſt of the Nation ſtood concern'd therein.

His Majeſty was graciouſly pleaſed, by His Royal Letter to us of the 2d. of November 1699, to declare that, He did very much regret the Loſs which the Kingdom & the Company had lately ſuſtain'd, That he would upon all occaſions protect and encourage the Trade of the Nation, That he would take care that His Subjects of this Kingdom ſhould have the ſame freedom of Trade and Commerce with his Engliſh Plantations that ever they had formerly, and that he would order the Parliament to meet, when he'd judge that the Good of the Nation would require it.

But, in ſome ſhort time thereafter, while we were ſolacing our ſelves with the Hopes of having His Majeſty's protection, not only as a Company eſtabliſhed by His Royal Authority, with the Advice and Conſent of Par­liament, but alſo as Subjects, and making all the Preparations we could, to ſend the needful Supplies and Advices to thoſe who were laſt ſent for Repoſſeſſing the ſame Settlement: We were further aſtoniſhed to have Ad­vices4 that, by ſecond Orders from England, another Fleece of Proclamations had been emitted over an the Engliſh Plantations in America, particularly on the 5th. of September laſt in Barbados, &c. And that in com­plyance with the intent of theſe Proclamations, Our People that went along with the Riſing-Sun, were in November laſt, poſitively denyed Wood and Water at Monſerat, a Priviledge never before denyed to any o­ther Nation: And by a Letter of the 29th. of January laſt from the Commander of another of our Compa­ny's Ships, we are aſſured that they were poſitively denyed Anchoring at St. Christophers by the Governour Colonel Norton, who out of his own Mouth declared to the Commander of our ſaid Ship, That he did it by new Orders which he had received about a Month before; altho at the ſame time two Dutch Ships were then Watering there; which we have ſince confirmed to us by Letters from Mr. Daniel Mackay, one of the Councellours of our Colony, dated at Port-Royal in Jamaica the 13th. February laſt: By which Letters, he informs us likewiſe, That when he waited upon the Governour of that Iſland, concerning our Company's Ship the St. Andrew lying in that Harbour, The Governour declared to him, That tho' the ſaid Ship were fitted for going to Sea, he would not ſuffer her to go, without a ſpecial Order from England for that Effect.

We likewiſe humbly beg leave to inform Your Grace, and Right Honourable Eſtates, That amongſt our Company's many other Loſſes and Miſ-fortunes, a Ship called the Dolphin, ladned with a valuable Cargo, belonging to our Company, ſtruck Unfortunatly on a Rock, by which ſhe ſprung a Leake, and being forc'd to run aſhoar under the Walls of Carthagena, to eſcape Ship-wrack, the ſaid Ship and Goods were by the Spaniards (His Majeſty's Allies) violently ſeized and diſpoſed of as Prize, and the Men alſo to the Num­ber of 30 and a Boy, detain'd and made cloſe Priſoners, not only contrary to the Law of Nations, (we being then in profound Peace with them) but alſo contrary to the expreſs Terms of the 10. and 11. Ar­ticles of the Treaty concluded at Madrid the•/ 1•Day of July 1670, between the Crowns of Great Brittain and Spain.

By our dutiful Addreſs of the 4th. of December 1699, we humbly Petition'd His Majeſty, That He would be graciouſly pleaſed to take theſe Proceedings of the Spaniards into His Royal Conſideration, ſo as that ſpeedy and effectua•Meaſures might be taken for the Redreſs of theſe Dammages, and the freedom of theſe diſtreſſed Priſoners.

In Anſwer to which, His Majeſty was graciouſly pleaſed, by His Royal Letter of the 10th. of January laſt to ſignify, That He was reſolved in the Terms of the Treaties to demand from the King of Spain, that theſe Priſoner•ſhould be ſet at Liberty.

Yet ſome of the moſt conſiderable of theſe Priſoners being tranſported above half a Year ago to O•Spain; We have frequent Advices from them by Letters, dated in Cadiz-Priſon, That they and all the Cre•have been moſt Barbarouſly uſed, and that they themſelves are ſtill kept cloſe Priſoners, under very ſeve•Treatment, Copies of which Letters we have ſome Months ago tranſmitted to the Secretaries of State.

By all which, it cannot but evidently appear to Your Grace and Right Honourable Eſtates, that tho we have all along us'd our beſt Endeavours to wreſtle through theſe almoſt unſurmountable Difficulties, an•exerted even our utmoſt efforts for retrieving our Loſſes, as much as poſſible, by endeavouring to repoſſe•and mantain ſo valuable a Settlement; And tho' we have certain Advice of its being Repoſſeſs'd b•our People, and that we have taken all imaginable Meaſures for their preſent Supply: Yet we have to•juſt ground to be fully perſwaded, That unleſs the King and High Court of Parliament, do ſpeedily Sup­port, Protect, and Aſſiſt us, in the Proſecution of our Company's lawful Deſigns, that all our Paſt, Preſent and Future Endeavours muſt, to the Nations indelible Reproach and Diſhonour; as well as to its and the Company's unſpeakable and irreparable Loſs, prove unavoidably abortive.

May it therefore pleaſe Your Grace and Right Honourable Eſtates, to take the ſeveral Matters〈◊〉Fact above-mentioned, into your moſt ſerious Conſideration; To Vindicat, Support, and Protect in the Enjoyment of our lawful Priviledges, both as a Company, and as Subjects of this free as independent Kingdom, to take ſuch Meaſures, as You (in Your profound Wiſdom) may judge m•Effectual, for repairing the many Dammages we have already ſuſtain'd, and for aſſiſting us in the••­ther Proſecution of our Company's lawful Deſigns; but more eſpecially, for the mantainance of o•juſt Right and Title to the Settlement of CALEDONIA, and the Enjoyment of ſuch Advantages (if duly Protected) may probably ariſe thereby.