Scotland's right to Caledonia (formerly called Darien), and the legality of its settlement asserted in three several memorials presented to His Majesty in May 1699 / by the Lord President of the Session, and Lord Advocate on behalf of the Company of Scotland, Trading to Africa and the Indies.

3d. MEMORIAL, By the same.

THe Company of Scotland Trading to Africa and the Indies, being endued with very ample Priviledges, hath settled a Colony at Dari∣en,

a Countrey very fit and proper for that pur∣pose, not only for the Richness of the Soil and Mines, but likeways by its Situation for Trade.

The Spaniards have the most considerable Inte∣rest and Plantations in America, and are not wil∣ling, that any other Nation, or People should have share of the Advantages and Benefits they draw from thence, which is not Singular in the present Case, because they have ever withstood all Planters, either upon the Continent, or Ame∣rican Islands, by Acts of Violence and Hostility, as if every Settlement in America were an En∣croachment upon the Right of Spain.

There is lately a Memorial offered in behalf of the King of Spain, to one of the Secretaries of State of the Kingdom of England, to the Effect following.

My Lord Ambassador of Spain finding himself oblig'd, by express Order, to represent to His Majesty of Brittain what follows, Prays Mr. Ver∣non to represent to his said Majesty, That the King his Master, being informed from several parts, and last of all, by the Governour of Ha∣vana, of the Insult and Attempt of some Scots Ships, equipt with Men and Ammunition neces∣sary, who endeavours to post themselves in the Soverign Dominions of His Majesty in America, and particularly in the Province of Darien.

His Majesty received this Information with Dissatisfaction, as a Mark of little Amity, and a Rupture of the Alliance which is betwixt the two Crowns, which His Majesty hath always observed very Religiously, and from which so much Advantage and Profit hath resulted, both to His Majesty and his Subjects, after which good Correspondence, His Majesty did not ex∣spect

such sudden Attempts & Insults from His Majestys Subjects, and that in time of Peace, without any Pretext or Cause, in the most in∣ward part of his Dominions.

All that the King desires, That this be present∣ed to His Majesty of Brittain, and that His Ma∣jesty is very sensible of such Hostilities and Un∣just Procedures, against which, His Majesty will take such Measures as are convenient.

London, May 3d. 1699.

THe Charge is great, and if it can be made appear, that the King of Spain is Invaded, as is pretended, it is but Reason there should be just Reparation.

It must be acknowledged, That it is a fair way of dealing, that the Spanish Rights and Pre∣tensions are thus asserted by Memorial, and an Opportunity afforded, and that the whole World may be satisfied, that His Sacred Majesty, the King of Great Brittain, hath granted no Patent to His Subjects in Scotland disagreeable to Treaties with Spain, and that the Scots Company have not exceeded the Limits of their Patent, to the preju∣dice of Spain.

There may be many Reasons offered to satis∣fy Spain, and all other Nations of Europe, except the French, that if the Scots had not settled in that Isthmus, or if they were now to remove from it, the same would be possess'd by another People, more dangerous to the Interest of Spain, and in due time it may be made appear, that the Scots Settlement is for the Honour of the King, & the Interest of England, but the present design is only to satisfie the World, that the Patent granted by His Majesty, was agreeable to the Treaty with

Spain, and that the Scots Company have not ex∣ceeded the Terms of their Patent, and that they have Right to what they possess in the Isthmus of Darien, according to the Law of Nations, and that most part of the Nations in Europe have settled Plantations in the American Islands, or Continent, upon no other Foundation than the Scots.

It is the Interest and Policy of all Governments, to improve the Natural Product of a Countrey, and to encourage Forreign Trade.

The Experience of all Nations makes appear, That nothing contributes so effectually to these ends, as Forreign Plantations.

Scotland is amongst the last of the Nations of Europe, in settling Forreign Plantations, tho' there be few that can propose more Advantage that way, because the Nation affords many Sub∣jects of Manufacture, and abounds in Men, which is the greatest Riches, as well as the Strength of a Nation; Yet for want of Forreign Plantations, many have been useless and burdensome to their Native Countrey, and have been constrained to serve Abroad in Forreign Wars, or into Plantati∣ons of other Countreys: And it is to be observed, that wherever they have planted, they have en∣creased and multiplied, as particularly in Ireland; but no part of the Benefit does accrue to their Native Countrey.

The Nation has very long desired Forreign Settlements of their own, and did make some At∣tempts that way, which proved ineffectual for want of due Encouragement, but His Sacred Ma∣jesty, as Father of his Countrey, regarding the Welfare of it, did endue the same with suteable Encouragements by the 32d. Act, Par. 1693. and by the 8th. Act, Par. 1695. Yet both these Laws

were granted with a due regard to all former Planters;

And did only allow them to plant Colonies, build Cities, Towns, and Forts in Asia, Africa, and America, upon Places not in∣habited, or in, or upon any other Place, by Consent of the Natives, or Inhabitants there∣of, and not possessed by any European Sove∣reign, Potentate, Prince or State.

By these Acts of Parliament, and Patent con∣form, His Majesty did sufficiently provide, that the Possession of no European Prince should be in∣vaded or molested: And if Spain be injured, the Company must acknowledge, that the Injury flows from them, by exceeding the Limits of their Patent.

It remains to be cleared in behalf of the Com∣pany, that they have strictly observed the Rules prescrib'd by the said Acts and Patent.

The King of Spain's Title to America by the Pope's Bull, is rejected by the common Consent of all the Princes and States in Europe, who could not have settled there without Injury to Spain, if the Pope's Bull had been a sufficient Title; and neither Spain or Portugal hath relyed upon that Title, the one having planted in the East-Indies, and the other in the West, without regard to it: And this Title is sufficiently discussed by Grotius in his Mare Liberum, Cap. 3. and will never be in∣sisted on any where, and least of all in Brittain.

America being inhabited by Natives, before Spain or any European People settled there, it is most certain, that the Right and Property did o∣riginally belong to these Natives, because the Earth was created for, and freely given by the Creator to the Children of Men, and the most Ancient and Uncontraverted Right of Property

of the Earth is by Occupation and Possession, which is an outward Act of the Body quasi positio pedis, and not an inward Act of the Mind, which cannot be known to others, beside many Mens wills might concur in wishing and liking the same thing, but their Bodies cannot concur in posses∣sing it, and an outward Act of Possession warns others to abstain.

The Property that originally belonged to the Natives, could only be transferred from them to Spain by Conquest or Consent, and Spain can pre∣tend neither of these Titles to the Isthmus where the Scots have settled.

It is alledg'd for Spain, That they do possess the Isthmus of Darien, in as far as they are undoubt∣ed Masters of the Bay of Panama, and the whole Coast of the Isthmus upon the South Sea: They have likewise Carthagena and Portobella on the North Sea, and they are Masters of the whole Countrey betwixt Carthagena and Portobello, and so must be reckoned Possessors of all, because Possession doth not require the particular Occupation of every part of a Countrey, but Occupation of one part is a sufficient Act to demonstrate the Will and In∣tention to possess the whole Pertinents: And the Spaniards having possess'd these two Extremes, the middle Space belongs to them, especially seing they have also settled in other Places betwixt these two, as their Conveniency did require, tho' they did afterwards quite these Possessions, as particularly they once possessed Nombre de Diot, and did also plant within the River Datien, and tho' they did quite these Possessions, they did not relinquish or repudiate their Right, but being better informed, they choosed more convenient Seats, but still reckoned themselves Proprietors of

the whole Isthmus, and divided the same in seve∣ral Jurisdictions. And the Natives upon that Isthmus were a mean inconsiderable People not to be regarded, who could not be thought to re∣tain any Right or Property in Opposition to the Power of Spain.

They further add, That Spain hath been consi∣dered as undoubted Proprietors of the Bay of Mexico, and of that Isthmus, by other Nations in Christendom, and most particularly by the English, as is well known, and will clearly appear in two remarkable Instances.

Several English Merchants having advanc'd their Stock, for settling a Plantation at Port-Royal in the Bottom of the Bay of Campechay, for cutting of Logwood, they desired the Countenance and Pro∣tection of the Government, for carrying on this profitable Trade: The Case was considered by the Council of England, and it was not found just, to allow the Protection of the Government, but were only left in a Permissive State, to manage their Trade upon their Peril.

The Second Case, which comes closer to the present Question, was a Proposal by certain English Undertakers to settle in Darien, as the Scots have done, which being brought to the Council of Trade of England, and by them laid before the Lords Justices in His Majesties Absence, and trans∣mitted to the King himself, Upon a full Consi∣deration of the Case, that Project was thought to be an Encroachment upon Spain, and let fall.

The King himself, and Council of England, be∣ing satisfied of the Right of Spain, in these par∣ticular Cases of English Undertakers, the same judgment ought to follow, in relation to the Sco•••• Company.

To all that is alledged, it's shortly and clearly Answered, That Spain hath neither Right by Treaties nor Possession to the Countrey now pos∣sess'd by the Scots: And, 1st. Tho' it be acknow∣ledg'd, that the Spaniards have more Strength, and larger Possessions on the South, than upon the North Sea, yet no Possession there can be exten∣ded to the North-side of the Isthmus, being pos∣sess'd by a People Independent, who never re∣ceived the Spaniards, or became subject to them: The Spaniards indeed have made great Settlements upon the South Sea, and in so far as they have possess'd, have restricted the Natives to narrower Bounds; but the Indians still continuing to possess what remains, Possession on the Coast, or the Mouths of Rivers on the South Sea, can never be extended to the North Coast: And the Spani∣ard can condescend upon no Ground in Law or Reason for such an Extension, hor can they make appear, that what the Scots possess is Part and Per∣tiennt of their Plantation, especially considering that the Isthmus of Darien is naturally divided by a Ridge of high Hills running from East to West.

Neither doth the possession of Carthagena and Porto-bello, give Right to the interveening Coun∣trey, which is above 80 Leagues or 240 English Miles, and these particular Forts, as well as the whole Spanish Plantations on the South Sea, be∣ing fixt without consent of the Natives, who con∣tinue their Possession in the interveening Coun∣trey, without any Subjection to, or acknowledg∣ment of the Spaniard: It lyes upon the Spaniards to condescend by what Rule the Limits of these Possessions can be so far extended.

As to what is alledged, That the Spaniards have other Plantations nearer to the Scots Settle∣ment

from which they removed, but still retain Possession and Jurisdiction.

It is Answered, Admitting the matter of Fact as alledged, it comes to nothing; For still it is to be remembred, That the Spaniard will not pre∣tend to have planted with the consent of the Na∣tives: Nor, that the Darien Indians have ever ac∣knowledg'd Subjection; but they planted by Force and Violence: And therefore, whatever Forts they made in the Isthmus of Darien, the mo∣ment that these Plantations were left, the Right and Possession of the Natives did return.

It is freely acknowledged, That Possession lawfully obtain'd by an outward Act of the Body, is retain'd by Acts of the Mind, if no other pos∣sess; but when Possession is taken by way of Fact, and not actually detained, the Right and Possession returns to the lawful Proprietor.

2. This alledged Possession of Nombre de Dios, and in the River of Darien, is only pretended to have been at their first Settlement in America, be∣fore they possess'd Carthagena and Porto-bello.

3. None of these pretended Settlements are within 20 Leagues of the Scots Colony; And tho Spain had yet Plantations there, the Limits could as little be extended to 20 Leagues beyond the actual Possession as to a Thousand: Nei∣ther can the Spaniards prove any Act of Jurisdicti∣on over the Darien Indians, whatever Title they may think fit to give to Governours or Vice-Roy's in America, the Scots do neither know, nor are oblig'd to notice the same: If Titles were e∣nough, the King of Spain assumes a Glorious Title of Indiarum Rex, but he has no more Jurisdiction over the Darien Indians, than in the Plantations of any other European Prince.

As to what is alledg'd upon the Opinions given by the King and Council of England, in relati∣on to His Majesty's English Subjects projecting Settlements in America, The Circumstances of the Projects, and the Motives of any Resolution taken in them, are wholly unknown to the Scots, and nothing can be founded on such Matters of Fact, unless the whole Circumstances were Au∣thentically instructed or acknowledg'd, but what∣ever was thought proper in these Cases, nothing can be inferred from thence to determine this.

A Project is to be regulated either by Law or by Conveniency; And it's very ordinary and sute∣able, That his Majesty and the Government may discourage the Project of an Undertaking, if not Convenient, tho lawful: But when a Pro∣ject is Undertaken, Carried on, and a Settlement made in pursuance of express Acts of Parliament, and conform to a Patent, there's no more place to Deliberate what is fit, but what is Lawful.

If the whole Circumstances were known, many Disparities might also appear, and from the bare relation of the Case of the intended Settlement in the Bay of Campeohay a manifest Disparity is evident.

The Bay of Campechay is in the Province of Nicaragua, in the Diocess of Chiapo, which Pro∣vince and Bishoprick, are part of the Ancient Empire of Mexico, which was conquered by Spain.

By the Conquest of Mexico, the King of Spain as Conquerour, had Right of Sovereignty as far as the Dominions of Mexico did extend, and the Right and Possession of the Conquered People may reasonably be reckoned to become the Pos∣session of the Conquerour; And therefore a Settle∣ment in Nicaragua or Bay of Campechay might be

reckoned a down Right Encroachment upon Spain, which cannot be drawn in Consequence to a Settlement upon Darien, because the Spaniards can condescend upon no Title or Right beyond their actual Possession; for the Dariens were ne∣ver subdued, nor did they ever depend upon Mexico or Peru, or any Prince or People subdued by the Spanirds.

And further, whatever be urged from these Cases, yet it can be made appear, That the Un∣dertaking to settle in Campechay was effectual, and the Cart is marked Port-Royal English-Colony; and 'tis known that the English cutt Logwood at Cape-Catach in Jucatan till the Charge of Carriage ren∣der'd it unprofitable, and thereafter Settled at Port-Royal for the same Effect, where there is plenty of Logwood appropriated to the English.

It is also acknowledg'd, That the Darien-Indians are no powerful People, or able by themselves to resist the Impressions of Spain, but the point of Right and Property is the same in Rich and Poor, Strong and Weak, and they might lawfully transfer their Right, and assume the Scots or any other Nation to support or maintain the Right and Possession of that Isthmus, in as far as it was free from the Spanish Dominions.

Yet the Dariens were not wholly neglected by the Spaniards as inconsiderable, for there have been frequent and almost constant Wars between them and Spain, in which the several Captains and Carriques have joyned together, and there is a fa∣mous Case of Barth: Sharp, who being accused in England as guilty of Piracy and Robbery commit∣ted upon the Indians, he defended himself as acting by Commission from Independent Native Indians then at War with Spain, and was acquitted.

The Right of the Scots Colony, as flowing from the Native Indians, is already sufficiently cleared, according to the most Ancient and Authentick Laws of Property, acknowledg'd by all Nations: And for a further Evidence and Demonstration of what has been asserted, and already sufficient-proven the Settlement of the English, French, Danes, Portugueses, and Dutch, will all be found to be Bottomed on the same Ground.

The Spanish are the most Ancient Planters, and if Spain pretend to any Universal Title, either by Occupation of a part, or by the Popes Gift, or any other Right, he thereby excludes the Claim of all Posterior Planters, either in the Continent, or American Islands, which could not be thought to be separate and indifferent Domi∣nions: And if Spain recede from any Universal Title to the whole, it will not be possible to ex∣tend his Claim beyond his proper Possession, or the Possessions of these that are Subduced and Conquered by Spain: And if this be called in Question, it is expected, That some other Title will be condescended upon, that may clear the Limits and Extent of the Spanish Colonies, so as to make a Difference betwixt the Scots Settlement in Darien, and the Settlement of other Princes in the American Islands or Continent.

The Empires of Mexico and Peru are known, and may be yielded to Spain, but the remainder of that vast Countrey was anciently possess'd by little Princes, or rather Captains or Heads of Fa∣milies or Cariques, who have no Dependance up∣on each other, nor upon any Prince or Potentate, but by Leagues and Agreement for mutual De∣fence. Thus it is known, That the Land of the Amazons was possess'd by the Natives; And it is

remarkable, That upon the Banks of Amazon, there are Fifty different Nations: So it is in Brasil, in Chili, Paragua, Florida, Carolina, Virginia, and generally over all the Continent, as well as in the Islands of America, and likewise in Asia and Africa: And therefore, European Princes have planted promiscuously, as they found Convenien∣cy, without Injury or Encroachment upon for∣mer Planters.

The English possess the Continent from New-England to Carolina, without the Interposition of Colonies belonging to any European Prince, yet the Dutch, in time of Peace, set down upon Long-Island, and the Countrey now called New-York, betwixt New-England and Pensilvania, and conti∣nued to possess till the end of the War 1667: At which time, New-York was exchanged for Suranam.

The Spanish Plate-Fleet do necessarly pass be∣twixt Cape-Florida and the Bahaman-Islands, yet the English possess these Islands, which the Spaniards did mightily resent, and used the English very bar∣barously upon it, yet Spain not being able to justi∣fy any unlawful Title, the English did maintain their Possession.

Whatever be alledg'd, That the Government did not interpose for establishing a Logwood-Trade, yet it's certain, that the English did ap∣propriate the Logwood at Cape-Catch in Jucatan, till it was exhausted, and they afterwards settled at Port-Royal in the Bay of Campechay, for carrying on the same Trade, which was never question'd by the Spaniards.

The French have several times endeavoured to settle in the River de Spiritu Sancto in the Bay of Mexico, and also the Samballo-Islands upon the Coast of Darien, and have actually settled a Colony in

Petit-Guavis in Hispaniola, the rest of that Island being possest by the Spaniards: The French have al∣so a Settlement in Guiana in the Terra-Firma, and several Forts upon the Coast of Caribana, and a∣bove twelve or thirteen American Islands.

The Dutch have also the City of Coro in the North of Terra-Firma, and Suranam, and certain Forts upon the Coast of Guiana and Curasao, and seve∣ral American Islands.

The Portuguese have the Coast of Brasil divided into many Captainships. The Interest of Spain was ever opposit to all these Settlements in Ame∣rica, and wherever they were strong enough, they attempted to expel the Planters, without regard to Peace or War, whereof the Scots did formerly feel the Effects, in their Plantation at Carolina hol∣den of the Crown of England, from whence they were expelled: These things were done by way of Fact, but it is the first time that ever Spain did openly pretend a Right beyond actual Possession, which was never sustained by any European Prince. And it is desired and expected, that there may be a further Condescendance of the Right and Title of Spain, to exclude other Planters by the Consent of the Natives, where Spain hath no actual Pos∣session, or Exercise of any Jurisdiction.

It is further alledged for Spain, That all the Bu∣siness in America was settled by the Pacification 1670, betwixt the Kings of Brittain and Spain, which did confirm all the Plantations possess'd by English Colonies, and left the Remainder of Ame∣rica to Spain, and whatever happened before that General Treaty, could be no Rule thereafter, be∣cause there was almost perpetual War with Spain in America, which were never settled or composed till the Treaty 1670, which did presuppose and esta∣blish

the Right of Spain to all that was not posses∣sed by the King of Brittain's Subjects.

As to the Instance of Sharp, it is not denyed that he was acquitted, and amongst others did propone that Defence, That he Acted by Commission from an Indian Prince; but that Defence was look'd up∣on as a Jest, and it was not for that Reason that he was acquitted.

It is Answered, There was indeed a Treaty in the Year 1670, concerning America in particular, whereby it was provided,

That the King of Brittain should have, hold and enjoy for ever, with full Right of Sovereignty, Dominion and Property, all those Lands, Regions, Islands, Colonies, and Places whatsoever situated in the West-Indies, or any part of America, which the said King and his Subjects did then hold and possess;

From which Article the Spaniards would infer, that all the rest of America was lost by the King of Brittain, as a Right and Dominion of Spain, because that Spain ratifies the Possession ob∣tained by the King of Brittain, and there is not a mutual Ratification of the Possession of the King of Spain.

This Article can bear no such Inference, for,

1. The King of Brittain and his Subjects did not then, nor do they now in the least question the Possessions of the King of Spain and his Subjects, but the King of Spain did very much question the Right of the King of Brittain to several of his Ame∣rican Plantations, not only upon the general Ground of an Universal Title to all the West-In∣dies, which no European Prince will bear, but like∣wise upon particular Claims, that the English had beat out the Spaniards, and enjoyed what had been once possess'd by them in several places: And the

former Treaties with Spain especialy that in the Year 1667, were only general, establishing a perpe∣tual Peace betwixt the Dominions and Terito∣ries of Brittain and these of Spain: But the Que∣stion remaining anent the Right and Dominion of these American Settlements to which the King of Spain did lay still a Claim, The Treaty 1670, did renounce his Claim to the Colonies in the En∣glish Possession, but did determine nothing as to those parts of America, which were never Pos∣sess'd by the Spaniard or Brittish, and if it had been intended, that the Right of Spain to all America that was not possess'd by some other European Prince should be asserted, and declared the same would not have been left to such remote conje∣ctures, but would have been specially express'd.

2. The whole Tenor of that Treaty does suf∣ficiently clear, that no such thing was intended as to presuppose, much less to assert the Right of Spain beyond actual possession. For by the Se∣cond Article of the Treaty, it is provided,

That there be an Universal Peace in America, as in o∣ther parts of the World between the Kings of Great Brittain and Spain, and between the King∣doms, States, Plantations, Colonies, Forts, Cities, Islands and Dominions belonging to either of them; and between the People and Inhabitants under their respective Obedience.

This Article in the Treaty relating to America, only doth clearly demonstrate, that both Kings were set upon an equal foot, and did Treat for themselves and the People and Inhabitants under their respective Obedience, and no further; so that all matters were left untouched that did con∣cern parts not Inhabited or possess'd by Natives, who were never under obedience to either Prince,

nor would the Treaty have been for Plantations, Colonies, Forts, &c. equally and mutually, if either King had pretended an universal Title or Right beyond Possession.

3. The Eight Article doth yet further clear, that the King of Spain had no Universal Claim, but according to his Possession, which Article provides, that the Subjects, Inhabitants and Ma∣riners of the Dominions of each Confederate, shall forbear to Sail to, or Trade in the Ports and Havens which are fortified with Castles, Maga∣zines or Ware-Houses, and in all other. Places whatsoever, possess'd by the other Party in the West Indies. To wit, the Subjects of Brittain shall not Sail into, and Trade in the Havens and Places, which the Catholick King holds in the Indies, nor in like manner shall the Subjects of the King of Spain Sail into, &c.

This Clause is, plainly restrictive upon the King of Spain, That the Subjects of the King of Brittain shall not Trade into these places of the Indies which belong to Spain; for thereby it presupposes that Spain has no Universal Title, and its left free to the King of Brittains Subjects to Sail into, and Trade in all Ports and Havens which have no Fortifications, Castles, Magazines, or Ware-Houses Possess'd by the King of Spain, and con∣sequently it was lawful to have Sailed to, and Traded with the Darien Indians where the King of Spain had no Fortifications, Castles, Magazines or Ware-Houses, nor can clear any manner of Possession, and if they might Trade with the Indians it must be acknowledg'd they might Settle among them.

It's also provided by the Tenth Article, that in case the Ships of either Party be forced

by stress of Weather, or otherwise into the Ri∣vers, Creeks, Bays or Ports belonging to the other in America, they shall be treated there with all Humanity and Kindness;

Which Ar∣ticle states both Kings again upon an equal foot, and mentions the Right of both as restrictive to particular Rivers, Creeks, Bays, &c. in America as if neither Party claimed Universal Title over all.

The 15th. Article of the said Treaty pro∣vides, that the same shall in nothing derogate from any preheminency, Right or Dominion of any Confederate in the American Seas, Chan∣nels or Waters, but that they have and retain the same in as full and ample manner as may of right belong unto them, providing al∣ways that the Liberty of Navigation ought in no manner to be disturbed.

This Article relates to certain Preheminencies and Priviledges claim'd by Spain in the American Sea, which by the Treaty was not yeilded, but left in the same state as formerly; and if the King of Spain had pretended to an Universal Right o∣ver all America, in so far as is not possess'd by o∣ther European Princes, why was he more carefull to preserve his Claim of Sovereignty in the Seas, and forgot his Dominion upon the main Land? There can be no other reason for it, but because there was no such thing in prospect, as appears by the whole Tenor of the Treaty.

Nothing hath been alledged in behalf of Spain to make any disparity betwixt all the Settle∣ments that have been made in America by the Sub∣jects of the King of Brittain or other Princes, ex∣cept the Treaty 1670: Which when duly consi∣dered, makes no disparity at all. For albeit the

Possession of the King of Brittains Subjects be there∣by confirmed; yet it will not be acknowledg'd by the King of Great Brittain, or any other Prince that the Settlements made by their Subjects were illegal or violent, untill confirmed by the King of Spain, and all Nations who have Planted there must sustain and justify the Scots Settlement, or acknowledge that the Settlement of their own Subjects were injurious to the Right of Spain.

It is not, nor can be denyed, that the Dariens have been at frequent War with Spain, altho' they pretend, that the Dariens were rather Rebels than Enemies. That is only for to beg the Question, for the Natives having the Ancient undoubted Right, it must be instructed, that they became Subjects before they could be Rebels.

And tho' it be alledged, that what was done in Sharp's Case was reckoned a Jest, and that he was not acquitted upon that ground, as acting by Commission from the Dariens; yet the matter of Fact is certain and known, and was indeed re∣marked by all England, that Sharp join'd with the Dariens, did commit acts of Hostility and carried away great booty from the Spaniards, and was pursued for Restitution in England, and did pro∣pone a Defence. That he acted by Commission from an Independent People, and was acquitted by a competent Judicature in England.

These matters of Fact being all acknowledged, it must be thought that a Decision in the way of Justice was no Jest, but according to the Law of the Nation.

To Conclude and Sum up the whole Matter, The Scots did not move one foot, untill they ob∣tain'd two Acts of Parliament, and a Patent in their favours. These Acts (tho' very ample)

were framed with a just regard to former Plan∣ters, who by the express Tenor of the said Laws were not to be invaded or molested in their Pos∣session; even the just Right and Property of the Infidel Natives was considered, and the Under∣takers not allowed to dispossess them by Force and Violence, but to Plant with their consent: Upon the faith of these Laws, a greater Stock was advanced in Scotland than ever was raised by any other Nation, upon the first project of a Forreign Plantation; the Directors of the Com∣pany did very narrowly and exactly consider all the Treaties with Spain, and pitched upon a place, that the whole World considers to be of a great value for founding and raising a profitable Trade to the Honour of the King who (as the Father of the Countrey) did endue them with ample and just Priviledges, to the encrease of the Strength and Riches of the Isle of Brittain, which is all under the Government of one Monarch, of one Religion and Interest, and can have no dif∣ferent Friends or Enemies without endangering the whole. In one word, The Scots Company have acted deliberatly, for advantage to them∣selves, the Nation, and the Isle of Brittain; they have only used their own Right and have wronged no Nation or People, nor exceeded the Limits of their Patent in any circumstance. And if any will stand up for the Interest of Spain, and call in question the matters of Fact and principles of Law above asserted, which are generally known and need not to be confirmed by particular Citations. they may assuredly expect that what has been affirmed shall be made further clear and evident beyond contradiction, and whatever Obstacles

or Difficulties have, or may fall in, Ardua quae Pulchra, the undertaking was deliberate, just for the interest of the Nation, and with more regard to the Right of former Planters and Natives than any former Project of that Nature.

FINIS.