A Defence of the Scots abdicating Darien including an answer to the defence of the Scots settlement there / authore Brittano sed Dunensi.

AN INQUIRY INTO The Causes of the Miscariage of the Scots Colony at Darien.

THE main design of H—s and his Sub∣orners, is to charge the Miscarriage of the Scots Colony upon their own Country, to clear some Gentlemen that perhaps may be found within the Verge of White-Hall, from having any hand in it, and to evince the necessity of those Proclamations publish'd against the Scots in the West-Indies, so as no Person or Par∣ty in England may seem justly chargeable with the ruin of that Colony; a certain Evidence that the Crime is very black, and that they are put to a miserable shift, when those Gentlemen are at such expence of Contrivance and Pains to wipe off the Imputation, and so ready to fall in with any Tool that they think can assist them in so doing.

Enough has been said already to demonstrate that the evidence of such an infamous Person as H—s, and so circumstantiated, would not be admitted in any Court of Judicature in Europe, especially against such an honourable Society as the Company of Scotland for trading to Africa and the Indies, which consists of the very flower of the Nation, and perhaps has more Persons of illu∣strious

Birth, Quality and Merit in it, than any trading Company that ever yet was erected in the World. The Directors particularly, whom H—s and his Masters have condemned to the Halter, p. 46. are most of them Persons of that Quality, Estate, Worth, and untainted Honour, as the Ac∣cusation of no one particular Person, tho of never so good Repute, could in justice or decency be ad∣mitted against them, and much less the malicious Calumnies of a Renegado.

But to set this matter in a clearer Light: Where∣as we have only H—s's own word for what he asserts in vindication of his Friends and Suborners; we shall demonstrate against him and them too from undeniable matter of Fact, that some Peo∣ple in England are justly chargeable with the ruin of that Colony.

We shall begin with the opposition made to the Scots Act by the Parliament of England, (to whom the matter was misrepresented) the Answer they obtain'd from the King, and the Prosecution they commenc'd and threatned against English Natives, and Scots-men residing in England, that should sub∣scribe to the Scots Company.

In the next place we alledg the English Resident's Memorial at Hamburgh, against that Governments suffering any of their Subjects to subscribe to the Scots Company.

It is likewise well enough known that the Influ∣ence and Example of the English Court hinder'd the Subscriptions of our Neighbours in Holland.

Nor can it be denied but this continued Thread of Opposition from the Court of England, must needs hinder the Subscriptions of a great many in Scotland, who could not but foresee that a Storm was threatned by so many Clouds.

To this we may add, that the Kingdom of Scotland have not yet forgot the discourting of the Marquiss of Tweddale (who was known to be an able States∣man, and a true Patriot to his Country) because of his touching that Act, when he had the Honor to represent his Majesty on the Throne.

Nor was it the least of our Misfortunes, that we lost such an able and faithful Minister of State as Secretary Johnston, and that too upon the account of his Affection to his Country in this matter. We are very well satisfied that his Majesty, who ad∣vanc'd him to that Post for his Merit, and was so well satisfied with his ability and care, would scarcely have parted with a Minister of that Gen∣tleman's Faithfulness and Penetration, but by the Intrigues of some People at Court.

Before we proceed any further with the Narra∣tive of the Opposition made to us, we shall obviate one Objection which some Persons may possibly make, viz. That all we have said hitherto is no∣thing to the purpose, because it does not regard our Colony, but the Company. To which we re∣ply: 1. That this is so far from being an Excuse to our Opposers, that it highly aggravates our Charge against them, as being a plain demonstra∣tion, that they were resolv'd to obstruct our Trade in every respect, and whatever it should be, with∣out any exception. 2. That the opposing of the Company was the direct Method to prevent our ever having a Colony; and by the Laws of God and Man, those who endeavour to destroy the Embrio, are chargeable with a design of prevent∣ing the Birth. But we shall come closer to the point in a little time, and resume the thread of our Narrative after one or two Observations upon what we have said already, viz.

• (1.) That the greatest of those Difficulties and Disappointments which H—s says in his Book, the Company met with as to their Subscrip∣tions, Payments, &c. may justly be charg'd to the account of that opposition made us from the Court of England.
• (2.) That there is so little reason to upbraid us, that our Efforts were not greater, that it is rather to be wonder'd at that the Company was not dash'd to pieces and crush'd in the bud; and much more that ever they should have been able to weather out the Storm of so much Indignation, overcome all those Difficulties, find Mony enough to build Ships, equip out a Fleet, and make a Settlement in America when neither England, nor Scots-men residing there, Hamburgh nor Holland, shall dare to assist them without incurring his Majesty of England's displeasure.

But to come directly to the Narrative of the Opposition made to our Colony. It is well enough known that the Kingdom of Scotland, as many other Parts of Europe, have suffered much for three or four years past by bad. Harvests, which rendred them uncapable of providing Bread for their Peo∣ple at home, and much more of sending Supplies to their Infant Colony abroad: This was very manifest to some People about White-hall, and care was taken we should have none for our Mony from England, tho that Nation could have spar'd it, and perhaps we might have pleaded it as our merit, when in Parliament we voted his Majesty a standing Army, upon his Royal Word that it was necessary, tho we had more need to have sav'd the Mony to have bought Bread for thousands of our People that were starving for want, af∣forded us the melancholy prospect of dying by shoals in our Streets, and have left behind them a

reigning Contagion, which hath swept away multitudes more, and God knows where it may end.

Tho our Country was reduced to this deplorable state, that a generous Enemy would have shew'd us compassion, yet the malice of our Court Adver∣saries did not rest here, nor with having follow'd us into Holland and Germany, but pursues us into America; and with Angry Proclamations forbids the Subjects there, on pain of his Majesty's Dis∣pleasure, to afford any manner of assistance to the Scots at Darien: So that we are starv'd at home and abroad by our Enemies at Court, who having by this means dispossess'd us of our Colony at Darien, and knowing that the good People of England had reason to cry shame upon them, and might perhaps take their own time to re∣sent this inhuman Treatment of their Neighbours in Scotland; therefore they found it necessary to suppress a Book wrote in defence of the Scots Set∣tlement, and to hire a Scots Renegado Surgeon to varnish over the matter, and to represent his Countrymen as Knaves and Fools, that so they might fall unpitied.

To return again to the Opposition made us in America: It is not enough that we are starv'd out of Darien, but when we come from thence, and so leave what the Proclamations suppose to be the Dominions of their Allies, yet we must not be sup∣plied in the English Plantations, nor have Provisions in exchange for our effects, tho our Men be dying for want, on pain of incurring the Displeasure of the Court; and therefore those who are willing to relieve us, must put their Inventions on the rack to sind out a way to do that with safety, which common Humanity, and much more Christianity, obliges them to do to a Turk or a Jew in the like circumstances.

Nay farther, tho notwithstanding our distress at home, we make shift to send a Convoy to our Co∣lony abroad, because our future hopes depended so much upon it, they shall not have leave to put in to any English Port to refit, refresh, or stay for any of their Company that may be separated from them by storm; and yet our Friends who were so in∣strumental in obtaining and publishing those Pro∣clamations, must bribe a Renegado to declare to the World in print, that they were no way ac∣cessary to the Blood of his Country-men that were starv'd to death at Darien.

It will appear plain that the Ruin of the Colony is chargeable on the Proclamations, if we consider the Consternation that must needs be among them when they saw themselves condemned, as hav∣ing invaded the Dominions of his Majesty's Allies; so that they had all the reason in the World to think that they were not only precluded from all possi∣bility of having any further supply or assistance from home, but in danger of being attack'd by his Fleet, as they that advis'd the emitting of those Proclamations must needs think his Majesty was oblig'd in Honour and Justice to order, if he was of opinion that the Scots had broken the Alliance betwixt him and Spain. Let any reasonable man consider what Anguish and Perplexity these Con∣siderations, join'd to their pinching Wants and o∣ther Circumstances, must occasion in the minds of those poor men, and whether it might not give a handle to those of them that were unwilling to stay, to mutiny against the rest, and put all into disorder, which might be fomented by other ill persons amongst them; for we are not to suppose that with 11 or 1200 men, there went no other ill man but H—s, since it's not improbable that they who opposed our Company so much from the very

beginning, might be prompted by the same Malice to send Spies and Traitors amongst our Men on purpose to defeat their Design.

If it had not been that they were thus discou∣raged and brought to their wits-end by those Pro∣clamations, they would certainly have had so much Conduct as to have sent away a great part of their Men to Jamaica, or any of the English Plantations, where they might have subsisted till the arrival of a Convoy from Scotland; and so with those Pro∣visions that were sufficient to carry them as far as New York, and a great deal further if they had not been retarded by Tempests, might have maintain'd a competent number of their Men to keep possession of the Colony till Supplies had arriv'd: but the Proclamations disabled them from taking this Me∣thod, and by consequence are chargeable with the ruin of the Colony.

In the next place, it is undeniable that those Pro∣clamations must needs have incouraged the Spain∣ards and other Enemies in their Opposition against our Colony, and animated them to go on with their Preparations to drive us out. So that had they de∣serted upon no other account but the noise of the great Preparations making against them by the Spaniards at Carthagena, Porto Bello, &c, as Sir Wil∣liam Beeston seem'd to insinuate in his Letter; it makes the Proclamations directly chargeable with the Ruin of the Colony, since they had good rea∣son to remove from thence when their own Prince had forbid all Commerce with them, and when their Enemies were making formidable Prepara∣tions against them.

It is likewise plain that those Proclamations must necessarily prevent their having any Supplies from the Dutch at Curassaw, if they had any to spare: for since the Influence of ours and the Dutch Court

prevented our Company's having any Incourage∣ment in Holland, it is reasonable to believe it would have the same influence in reference to our Colony, in the Dutch Plantations.

We have likewise all the reason in the world to conclude, that the Influence of those Proclama∣tions might hinder the Natives from giving our Colony those Supplies that it was in their power to have done; for there's no doubt but they had in∣formation of 'em industriously sent them by some of our Adversaries, when Capt. Long was so malici∣ous as to endeavour at our first arrival to possess them with an opinion that we were nothing but Pirats, and that the K. of Great Britain would dis∣own us; and indeed by the event it would seem he had Instructions so to do. It is true that at first the Natives seeing our Men have a Competency of all sorts of Provisions, might not believe his Re∣port; but they must needs have been confirm'd in the truth of it afterwards, when they saw them dying for want, and deceiv'd as to their Expecta∣tion of further Supplies; and upon that account might think they had sufficient ground to withdraw their Assistance from them, and not further pro∣voke the Spaniards in favour of a People that they found were not able to do any thing for themselves, and by consequence uncapable to protect them, which was the thing they were to expect from their Alliance.

Having thus made it evident that the Opposition our Company met with from Court at first, and the Proclamations issued against our Colony at last, are justly to be reputed among the principal Causes of the Miscarriage of that Design, we come in the next place to consider his Majesty's Answer to the Address of the Commons of England on that Head, and the Proclamations issued out against us in his Name in the West-Indies.

We are sorry that ever there should have been any occasion for such an ungrateful piece of work; but think it a Duty incumbent upon us, and what we owe to the Constitution of our Country, which we have reason to believe is industriously conceal'd from his Majesty, to write freely on this head, that the World may see what just cause we have to com∣plain.

His Majesty's Answer, That he had been ill serv'd in Scotland, &c. 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 Fi∣delity 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 Impor∣tance without Counsel: If he consulted with our Dutch or English Opposers, it was the same as if he had consulted our professed Enemies; if he con∣sulted with Scots-men, and was advis'd to this An∣swer 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 aggrivev'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 Eng∣lish 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 Scot∣land offer'd to the touch of the Scepter, their Kings had no power to refuse; or if they did, the Re∣solves of the States had the force of a Law not∣withstanding. Thus our Reformation was estab∣lished 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 farther back to the Reign of Robert II. who was check'd by the States for making a Truce with the English without their Con∣sent, 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 Govern∣ment 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 O∣riginal 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 Mor∣ton, and the other Deputies from the States of Scot∣land, when they acquainted Q. Elizabeth in their Memorial, That the Scots created their Kings on that condition, that they might, when they saw cause, di∣vest 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 ac∣countable 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 Parlia∣ment, and punishable by the States: Nor had they any Revenue, but what their Parliaments allow'd them. These and many more were the native Li∣berties of the People of Scotland, an 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 have often occa∣fion'd our being misrepresented by the English Hi∣storians, 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 Constitu∣tion, 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 Arbi∣trary 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 them∣selves, or assist others against such Princes as de∣sign'd an absolute Sway. But the Pill being too bitter to be swallowed by it self, there was a neces∣sity 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 a∣gainst us, and that it could never be aflected with∣out the ruin of our Kingdom, whose Religion was so interwoven with our Civil Constitution, that there was no overturning of the one, without sub∣verting 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 Par∣liaments 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 Chri∣stians, 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 a∣bout our Liberties, it was thought sit 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 ge∣nerous for them to unite with us than to suffer us to be oppress'd and enslav'd.

There's nothing can be objected to this, but that all these glorious Privileges were swallow'd up by those Acts of Parliament that exalted the Prero∣gative to such a height in the Reign of K. Charles II. To which we answer, That the Privileges of a Nation cannot be giv'n away without their own consent; and we are morally certain, that the Con∣stituents even of those pack'd Parliaments did ne∣ver give any commission to those that represented them, to give away those Liberties. Slavery is repugnant to human Nature; so that it cannot be supposed the Nation exalted the Prerogative on purpose to put themselves in a worse condition than besore, or that when they find it applied to ano∣ther use than that which they gave it for, they may not reduce it to its antient Boundary. The neces∣sity of Affairs did sometimes oblige the Romans to entrust their Dictators with an extraordinary and absolute Power; but when the occasion ceas'd, they recalled it, and kept to their antient and rational Maxim, that Salus Populi is suprema Lex. In the like manner the Enemies of our old Constitution may know, if they please, that we have retrieved the main point of making our Crown forfeitable by the Claim of Right; and therefore if they push us too far, it's a thousand to one but we may renew our Demands to the rest, or oblige them to cast them into the bargain.

But to return from this Digression. Tho we had no such peculiar Privileges belonging to us; why might not we expect that his majesty should be as kind to us as to our Brethren in England? He hath once and again declared to them in Parliament, That he never had, nor never will have an Interest. di∣stinct

from that of his People. Then why should not the Interest of the People of Scotland be the same with the Interest of the King of Scots? And if the People of Scotland met in Parliament, agreed upon it as their Interest to have that Act past for incou∣raging Kieir Trade, how was it possible that the King of Scots could be ill serv'd by the passing that Act in Scotland?

Our Enemies, and H—s's Suborners have put a sort of an Answer to this in his mouth, viz. That the said Act was obtain'd viis & modis; but the Falshood and Malice of that Insinuation will appear to the World by the previous Act of 1693. for in∣couraging of foreign Trade, by which it was sta∣tuted,

That Merchants more or fewer may con∣tract and enter into such Societies and Compa∣nies for carrying on Trade, as to any Subject of Goods or Merchandise, to whatsomever King∣doms, Countries, or parts of the World, not being in War with his Majesty, where Trade is in use to be or may be follow'd; and particular∣ly, besides the Kingdoms and Countries of Eu∣rope, to the East and West-Indies, the Straits, and to trade in the Mediterranean, or upon the Coast of Africa, or elsewhere, as above. Which So∣cieties and Companies being contracted and en∣tred into upon the terms, and in the usual man∣ner as such Companies are set up—His Ma∣jesty with Consent aforesaid did allow and ap∣prove, giving and granting to them and each of them, all Powers, Rights and Privileges, as to their Persons, Rules and Orders, that by the Laws are given to Companies allowed to be erected for Manufactories: And his Majesty for their greater Incouragement, did promise to give to those Companies, and each of them, his Letters Patent under the Great Seal, confirming

to them the whole foresaid Powers and Privi∣leges, with what other incouragement his Majesty should judg needful.

These are the very terms of the Act of 1693. and in pursuance of this Act our Nation being willing to form a Company for trading to Africa and the Indies, this Act which hath met with so much opposition in the World, was past June 26. 1695. which was two years after. Then with what Effrontery can H—s and his Suborners suggest, that it was obtain'd viis & modis, by surprise or in a sur∣reptitious manner? But something they must say to justify their unreasonable treatment of us, and to blind the Eyes of the World.

Thus we see then that the Parliament of Scot∣land went on deliberately to advance their Trade, and to make this Act: by which it's evident that they who advis'd his Majesty to say that he was ill serv'd in Scotland, impos'd upon him, have laid a Foundation of division betwixt him and his Par∣liament, which are the two constituent parts of our Government; and if they be dash'd against one another, the whole frame of it must of ne∣cessity be dissolv'd. Hence also it is evident that those Counsellors, if Scots-men, ought by our old Constitution to be call'd to an account by the Parliament according to the 12th Act of Parl. 2 James 4. And if they be Englishmen or Dutch∣men, we have a right to demand Justice against them, as having meddled in our Affairs contrary to the Laws of Nations.

The Soveraignty of our Nation, and the Inde∣pendency of the K. of Scots upon the Crown of England, being tacitely giv'n up by this Answer; and the Parliament of England being possess'd by our Enemies with a false. Notion of our Design, they put a stop to our taking Subscriptions from

any Residenters in England; tho our offering to take in the English as Sharers, was a plain Demon∣stration of the uprightness of our Intentions to∣wards that Nation. This made it apparent, that we had no design in the least to supplant them in their Trade, but on the contrary to make them Partakers in ours, in order to lay a foundation for a closer Union, and greater Amity betwixt the two Nations; which if it had taken effect, our Trade had not been nipp'd in the bud, as now it is by the frowns of the Court, but might by this time have been improv'd to the advancement of the glory and strength of the Island: Whereas by the opposition made to that noble Design, the Nations are more alienated from one another than before, lessen'd in their Strength and Trade, and Scotland for ever lost as to their Friendship, usefulness, and joining with England on any occasion whatever, un∣less proper Measures be taken to make up the Breach, and retrieve our lost Honour and Ad∣vantage.

All that can be said to excuse so false a step in such a wise Nation as England, is, that they were impos'd upon by those that are Enemies to the true Liberties of both Nations, and by some of their Traders and ignorant Pretenders, to give advice in matters of Trade, who out of a sordid Principle of Self-interest, preferr'd their own pri∣vate Gain to the general advantage of their Country. This would have quickly been seen, had his Majesty and the Parliament of England, instead of that violent opposition which they made to the Scots Act, desir'd a conference betwixt a Committee of the Parliaments of both Nations; then it would soon have appear'd what our true Design was, and that it was neither our Interest nor Inten∣tion immediately to follow an East-India Trade,

the apprehensions of which did so much alarm the Kingdom of England. That it was not our Inten∣tion is evident from our rejecting the Proposals of our Countryman Mr. Douglas, the East-India Merchant, with which H—s upbraids us, by which at the same time he discovers his own folly and dishonesty; his Folly in arguing against the Interest of England, which he pretends to espouse; and his Dishonesty in proposing our fol∣lowing a Trade, which his new Masters (who have paid him so well for his false Evidence) look upon to be destructive to theirs.

That it was not our Interest immediately to think of an East-India Trade is evident from this, that it would have exported our Mony with which it's known we do not abound, and ruin'd the Linen Manufacture of our Country, upon which so ma∣ny of our Poor depend. This we think the City of London may be sensible of in a good measure, by the multitudes of their own Silk-Weavers, that are starv'd for want of Imployment; and also by the unsuccessfulness of their own Linen Manu∣facture in England, by reason of the great quantity of Silks, Muslins, Calicoes, &c. brought from the East-Indies: from whence some wise Men have been and are still of opinion, that an East-India Trade of that sort tends to the general Impoverishment of Europe, tho it may enrich particular Persons. These Considerations, together with some Jealou∣sies that Mr. Douglas might have been put upon making us that Proposal, on purpose to divert us from our other Design of an American Trade, were the true Reasons of our not hearkening to Mr. Douglas's Advice. This our Neighbours might have known, had they proceeded with us in such a Friendly manner as we had reason to expect, when we were so kind as to offer them a share

in the Benefits of our Act. And the Government at the same time might soon have been satisfied, that the sinking of their Customs by our own and twenty years Freedom from that Duty, was a meer bugbear Pretence. It is evident that we could not have spent much East-India Goods in Scotland, and therefore must have exported them. If we had brought them to England, they were liable to Customs there. If we had offer'd to run them over the Border, they could as well have pre∣vented that, as the stealing over their own Corn and Wool: and if we had exported them to any other places of Europe, the English by their Draw∣backs could have done it in effect as cheap as we. By all which it appears, that there was no solid Foundation for any of those pretended Reasons, why the Government in particular, or the English in general, should have oppos'd us: and we wish that upon due inquiry it may not be found to be the effect of Dutch Councils; for that Peo∣ple being jealous of their Trade, and Rivals to England on that account, cannot be suppos'd to have sat still and done nothing, when they saw we had obtain'd such an Act, and were resolv'd to take in the English to partake in our Trade, which if suffer'd to go on, might endanger theirs, and enable the English to outrival them indeed, besides the present loss they foresaw of our Custom, the Scots having most of their East-India Goods from Holland.

This we have the more reason to suspect, first because tho the English have formerly suffered in their Trade by the Incroachments and Intrigues of the Dutch, but never by the Scots; yet they have made no Application to his Majesty, for preventing the like in time to come. If it be said that be is but Stadtholder there, whereas he is

K. of Scots: We can easily reply, that it appears: by what has been said already of our true Consti∣tution, that the Kings of Scotland were as much ac∣countable to the States of that Nation as the Dutch Stadtholder is to the States of Holland. The 2 d Reason we have to suspect the Influence of Dutch Councils in this Affair, is this, that 'tis their Interest to keep us and the English from uniting, and if possible of forcing us by that means into an Alliance with themselves, to prevent their own ruin, if England after this should come to fall out with them upon the account of Trade or other∣wise, and likewise to have their Privilege of fishing in our Seas continued, which they know to be of such vast Advantage to them, that they are shrewdly suspected of having by Bribes, or other indirect Methods, prevail'd with some great Men, to supplant us as to the Benefits we had just rea∣son to expect from the Act of 1661. incouraging our Fishery; the Privileges granted by which, are very considerable, and to continue for ever: nay to put it out of all doubt that they are join'd in this matter against us, H—s owns it as beforemention'd.

Being upon this Subject, we cannot but take notice of the difference betwixt the Spanish Me∣morials about Darien, and of those late Memori∣als presented by them to our Court against their meddling with the Succession of that Monarchy, or the cantoning it out into several Parcels in case the King of Spain die without Issue. The for∣mer, tho insolent and hussing enough, were pro∣cur'd by our Court, therefore calmly digested; and the desire of them effectually answer'd, to the ruin almost of the Scotish Nation: but the lat∣ter was no sooner presented, than the Spanish Am∣bassadors

are disgrac'd in England and Holland, and forbid both Courts.

It may therefore deserve the Inquiry of our Neighbours, what this Regulation about the Suc∣cession of Spain, and the dismembring of their Monarchy is, that occasion such outragious Me∣morials: for there must needs be something in it that touches the Spaniards more sensibly than the business of Darien, and which they did not com∣plain of till they were put upon it; and in like manner touches our court more sensibly to the quick than any Memorials about that Affair, tho they had not been of their own procurement, were capable of doing. Perhaps upon a narrow Scru∣tiny into this Affair it will be found, that this keen and uninterrupted Opposition made to the Scots Settlement at Darien, does not proceed from any foresight of damage that it could do to the Trade of England, tho that be the specious Pretext, but from a Cause which touches some People more nearly, crosses their Project of dis∣membring the Spanish Monarchy, and of having that important Post to their own share; they know that they have a natural, as well as a politi∣cal Interest in some great Courtiers, and make little doubt of obtaining the preheminence before either of those Nations that compose the Empire of Great Britain. It concerns our Neighbours so much the more to inquire into this, because it is visible from the Resentments of it by the Spanish Court, that this matter is more like to affect the advantageous Trade that England drives with Spain, than our Settlement in America was ever like to do; which tho it be made a Sacrifice 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 Eng∣land, as was the Sacrifice of the great Sir Wal∣ter 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 Ri∣caut the English Resident there, in conjunction with his Majesty's Envoy to the Court of Lu∣nenburg, 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 what∣soever. This we shall not need to make any Reflexions upon, the Petitions from the Company to his Majesty and his Privy Council in Scotland be∣ing sufficient for that end.

Their first to the King was dated June the 28th 1697. and is as follows.

To the King's most Excellent Majesty, The Humble Address of the Council General of the Company of Scot∣land, trading to Africa and the Indies.

May it please your Majesty;

WHEREAS by the 32d Act of the 4th Session, and by the 8th Act of the 5th 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 Bur∣rows, 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 King∣dom 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 thereun∣to appointed certain Deputies of our own num∣ber to transact and negotiate our necessary Af∣fairs

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 Ham∣burgh, 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 Displea∣sure, if they or either of them should counte∣nance or join with us in any Treaty of Trade or Commerce whatsoever, which deprives us of the assistance which we had reason to ex∣pect 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, with∣out ever making any the least Proposal to the Senate thereof: and this we humbly conceive to be the natural Right and Privilege of all Mer∣chants 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 con∣clude, that all our Rights and Freedoms of Trade are and may be further by our Neighbours vio∣lently wrested out of our hands.

We therefore, to prevent the further evil Con∣sequences 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 De∣clarations 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 Pro∣secution 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 ob∣structing 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 Opposi∣tion, and deny that he had any orders to the con∣trary, 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 Ho∣nourable 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,

'TIS 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 Manu∣factories of this Nation: And whereas accord∣ingly by the 22d Act of the fourth Session, and the 8th Act of the fifth Session of the said Par∣liament, together with his Majesty's Patent under the Great Seal of this Kingdom, our Com∣pany 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 advance∣ment of our Trade; we in pursuance, and up∣on the publick Faith thereof, not only contri∣buted 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 promi∣sing 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 Displea∣sure, 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 re∣turn into England he would take into considera∣tion 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 according∣ly, 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 O∣bedience 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 Ad∣dress we are now to lay before his Majesty.

But whereas we humbly conceive your Lord ships 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, Ho∣nour, Dignity, and Reputation of the Nation in general.

Your Lordships very well know of what con∣cern the Success of this Company is to the whole Kingdom, and that scarce any particular So∣ciety 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 so∣lemn a Constitution, 'tis hard to guess how far it may in after Ages be made use of as a Prece∣dent for invading and overturning even the ve∣ry 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 Compa∣ny (wherein the most considerable of the No∣bility, Gentry, Merchants, and whole Body of the Royal Burroughs are concerned) be so unhappy (which God forbid) as to have its De∣signs rendered unsuccessful through the unac∣countable evil Treatments of our said Neigh∣bours; 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 fre∣quent 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 ca∣pable to remove those Apprehensions and Jea∣lousies, which the bare-faced and avowed Me∣thods 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 Or∣der of the said Council Ge∣neral, 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 Scot∣land trading to Africa, and the Indies.

May it please Your Majesty;

BY a former Address of the 28th of June last, We have humbly represented to Your Ma∣jesty, 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 annex∣ed: 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 Au∣thority for obstructing our Comapny in the prose∣cution 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 ac∣cordingly, till, to our further fur prize and great disappointment, we find by repeated Advi∣ces

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 Cha∣racter, 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 be∣fore 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 in∣to consideration, and, in Your Royal Wisdom, order some speedy and effectual Redress of our Grievances therein mentioned, and a just Repa∣ration of the manifest Damages which our Com∣pany has already fustain'd by reason of the said Memorial: And grant us a declaration under Your Royal Hand, to render the Senat and In∣habitants 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 En∣joyment of our lawful Rights and Privileges con∣tained in Your Majesty's Acts of Parliament and Letters Patent above mentioned.

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 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 Mo∣ney, 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 sub∣scribing 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 Ma∣jesty, by the Parliament.

WE Your Majesty's most Loyal and Faith∣ful Subjects, the Noblemen, Barons, and Burgesses convened in Parliament, do humbly re∣present to Your Majesty, that having consider'd a Representation made to us by the Council Ge∣neral 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 Re∣sidents 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 be∣fore 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 sup∣port 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 en∣couraged 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 5th of August 1698. in Name, Presence, and by Warrant of the Estates of Parliament.

SEAFIELD J. P. D. P.

By all this it is evideht, that the whole King∣dom 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 Parlia∣ment 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 Parlia∣ment 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 Scot∣land, the Address of their Parliament, and the Au∣thority 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 Settle∣ment, 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 Parlia∣ment, who till the Accession of our Princes to the English Throne, remain'd in an undisputed possessi∣on of calling their Kings to an account for Male∣administration, and of disposing of thei Lives and Liberties as they saw cause. We need not go so far back for Evidence to prove this, as Eugenius the 7th, who was brought to his Tryal on suspiti∣on of having murder'd his own Wife, and acquitted upon discovery of the real Murderers; or of James

III. whose Minions, by whose Council he govern∣ed, 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 de∣thron'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 An∣cestors, practised by Papists before the Reforma∣tion, and justisied by those of the Episcopal Per∣swasion 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 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 submissi∣on 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 he Author of the Defence of the Scots Settlement, made the best Apology for his Ma∣jesty 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 Per∣son upon the Throne of England, it is certain his Majesty would have encouraged the Trade of Scot∣land, and resented such practices in the King of Eng∣land, 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 Ho∣nour and Interest of himself and his Country, to say, he is a Prisoner in England; so it is a suf∣ficient Justification of the People of Scotland to refuse Obedience to what he commands by the In∣fluence of the English, or other Councils, in oppositi∣on 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 de∣nying 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 dan∣dled, and has her Fortune raised by diminishing that of the neglected Sister.

The Jamaica 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 James Vernon, one of the Principal Secretaries of State, importing that his Majesty was not in∣formed 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 Assis∣tance: In compliance therewith, in his Ma∣jesty'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 afore∣said,

or give them any Assistance with Arms, Ammunition, Provision, or any thing whatso∣ever, either by themselves or any other for them; nor assist them with any of their Ship∣ping, or of the English Nations, upon pain of his Majesty's Displeasure, and suffering the severest punishment.

Given under my Hand and Seal of Arms, the 9th of April 1699. and in the 11th year of the Reign of William the 3d, King of England, Scotland, France and Ireland, and Lord of Jamaica, Defender of the Faith.

It contains a heavy Charge against the Scots Company as having settled in Darien without in∣forming his Majesty, and having thereby broke the Peace betwixt his Majesty and his Allies. As to their not intorming 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 impower∣ing 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 pos∣sess'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 un∣reasonable opposition that a Faction of Court had prevailed with him to make to them all along, which gave them just cause to expect the like treat∣ment 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 Ac∣count

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 King Charles Il's time, not only for having marched through Darien in a Hostile manner, but for at∣tacquing 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 Procla∣mation 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 Procla∣mation 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 9th 1699.

The unfairness of this Proclamation is evident from this, that at the very same time it is pub∣lish'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.

We leave it then to the impartial Thoughts of the good People of England, whether we have not occasion to say that our King is in the Hand of our Enemies, since we are thus condemn'd with∣out

a hearing, and our Nation put tothe trouble and expence to send Lawyers out of the Kingdom to defend themselves before those that had al∣ready condemned them. And since this is a visible effect of the Union of the Crowns, by which we are every day more and more oppressed; let them speak their Consciences, if we have not all the rea∣son in the World to dissolve that Union, except the Nations be more closely united, and upon a better footing.

That we were so treated in former Reigns, we had no great cause to wonder, when the Court was engaged in a Conspiracy against our Religion and Liberties. And our Nation being inferior to none in their Zeal for both, it was but natural to think that we should be the first Sacrifice: But to be treated thus by a Prince who hath ventur'd his Life to save us from Popery and Slavery; a Prince who for Courage in War, and Conduct in Peace, is not to be match'd in Story; a Prince who is under God the Great Champion of our Religion, and the bold Asserter of Europe's Liberty; a Prince whose Family we revere, and whose Person we a∣dore; a Prince for whom we have so chearfully ventur'd our Lives, and lost so much of the best Blood in our Veins; to be so treated by such a Prince hath some thing cutting beyond expression, and proves that our Disasters are no way to be re∣medied, but either by a total Separation, or a closer Union of the two Kingdoms.

We cannot be so unjust to his Majesty's Charac∣ter as to think a Prince of his Magnanimity could be guilty of so mean a thing as willingly to sub∣ject the Crown of his Antient Kingdom which he received free, to that of another. We cannot once suffer it to enter into our thoughts, that he who dares to out-brave Death in the Field a thou∣sand

times a day, should act so unworthy a part as first to condemn, and then to try us. These and all other things of that sort we must needs charge to the account of our Enemies about him, who misrepresent us, and therefore surprise his Majesty into any thing he does against us.

As to that positive Sentence of our having acted contrary to the Peace betwixt his Majesty and his Allies, we have all the Reason in the World to complain of it. Is our Kingdom then become so mean and contemptible, that what is transacted according to the Acts of our Parliaments, and Pa∣tents of our Kings, is liable to be annull'd, or de∣clared illegal, by any Person that has the hap to be made an English Secretary of State, Governor of one of their American Plantations, or a Member of their Council of Trade? If it be so, his Ma∣jesty's Dignity, as King of Scots, is well defended in the mean time, when it is liable thus to be tram∣pled upon by his own Servants as King of England. This does indeed verisy what has been said, that our Kings since the Union leave their Anti∣ent Kingdom to the disposal of their Ser∣vants: but whether this be agreeable to the Co∣ronation Oaths of our Kings, let them determine that are concern'd to enquire; and perhaps it may be worth the consideration of our Neighbours, whether since we have been govern'd by Servants, they have not for the most part been subject to Mini∣ons, and that the one does naturally pave the way for the other. So that they are no great gainers by the Bargain.

If it be answer'd, that the Proclamations are issued by his Majesty's Authority, and that there∣fore our Sentence proceeds from his Bar.

We answer, 1. That there are shrewd Suspitions that a certain Gentleman or two who have af∣fected

all along to shew their Zeal against the Scots in this Affair, have push'd this matter beyond their Instructions; for there's no man that knows his Ma∣jesty's Justice and Wisdom, can admit a thought that he would condemn us before we were heard.

2. We don't at all question his Majesty's Au∣thority as King of England, to forbid his English Subjects to give any manner of Assistance to the Scots at Darien (tho we might say it was unkind) but we absolutely deny that he has any Authority as King of England to condemn the Proceedings of the Subjects of Scotland for any thing they trans∣act without the Dominions of England. If it be otherwise, his Majesty, as King of Scots, is bound to appear at the King's-Bench-bar in Westminster-Hall for what he hath done as King of Scots, upon the Lord Chief Justices Summons; and of what Consequence this may be to himself or his Successors, may be easily judg'd. Had Oliver, and the other Regicides, bethought themselves of this, it had been more for the Honour of England, and would have taken off a great deal of the odium that is charg'd upon them for cutting off King Charles, had they search'd for something Criminal in his Conduct toward the English Nation as King of Scots, and condemned him for that. Tho they did not think upon this, perhaps others may; and then the English will be able to justify themselves as not having cut off their own King, but their Enemy the King of Scots, as there's no doubt they would have done by King Charles II. had he not made his escape after the battel of Worcester.

This may perhaps deserve the thoughts of his present Majesty and others concern'd in the Suc∣cession, and so much the more that the depen∣dence of the Crown of Scotland upon that of England hath been lately asserted by some Eng∣lish

Historians, and indirectly hinted at in a pre∣tended Answer to the Defence of the Scots Settlement at Darien, p. 24.

But to satisfy that Gentleman and others, who please themselves so much in vilifying the Scotish Nation, they may turn to the Reigns of Edward I. II. & III. and they will quickly find that Sir Wil∣liam Wallace, K. Robert Bruce, James Lord Doug∣las, Thomas Randolph Earl of Murray, and others that we could name, did so gallantly defend the Soveraignty of Scotland against those bold Pre∣tenders to a Superiority over us, that their Suc∣cessors have had no great stomach to pursue their Claim to it since: So that if ever they had any, it is forfeited by Prescription.

Oliver's imaginary Conquest so much insisted on by the dull Answerer of the Scots Defence, and o∣thers, will be of no use to the Faction in this matter, since that was no National Quarrel, nor did the English pretend to any such thing, as a Conquest of us, but immediatly withdrew their Forces upon the Restoration. So that Oliver's Conquest, as he calls it, was only the Victory of one Party over another in a Civil War, it being well known that he had Friends in Scotland as well as England, which (if that Wise Author will have Oliver's Victories to be Conquests) he had conquer••d too before ever he came near Scotland.

We don't insist upon this with any design to de∣rogate 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 oc∣casion.

But we wish them to consult beforehand how England in general stands affected to such a De∣sign,

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 Ma∣jesty 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 Pre∣tenders 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 Facti∣on 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 Con∣quest 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 a∣gain 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 num∣ber 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 Privi∣leges, 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 sub∣mit 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 in∣vaded 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 Treat∣ment.

• 2. If the State of Affairs in Ireland be consider'd, it will appear to be such, as may make it dange∣rous to suffer the Scots to be oppressed and pro∣vok'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 Af∣fection to their Country, and would be very uneasy to see its Ruin, may prove of dangerous conse∣quence, 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 Animosi∣ties betwixt the several Parties in England are well enough known: So that besides the Sport it would afford to the common Enemy of our Re∣ligion and Country, to see those two Nations en∣gaged in War, the Enemies of the present Go∣vernment 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 irrecon∣cilable Hatred against our Nation, because we de∣clar'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 Free∣dom of their Country, so many Enemies they are rid of; therefore there's no question but they pro∣mise 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 im∣pending 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 them∣selves 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 Conse∣quence 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 Liber∣ties

• then, as they do now. All those Church of Eng∣land-men that could not conform to the Innovati∣ons 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 Nati∣on 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 Scot∣tand 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 Liber∣ties, 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. John∣son Chaplain to the latter, because he so excellent∣ly defended with his Pen the Birth-right and Free∣dom of all true Englishmen.

From all this it will appear that England in gene∣ral must suffer by the Ruin of Scotland, and that those who have all along stood up for the English Liber∣ties, 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 Pri∣vileges 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 Convocati∣on, than by another Model? But enough of this Subject. Let any Man peruse the learned Arch∣bishop Ʋsher's Treatise of Presbytery and Episcopacy reconcil'd, and there they will find that the diffe∣rence 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 Constitu∣tion 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 sire 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 Neigh∣bours 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 Eng∣land 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 casier 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 undi∣sturb'd possession of our own Liberties: But if they will do neither, let them no more accuse those that complain of this Treatment as Incen∣diaries, but seriously examine whether they them∣selves mayn't with more Justice be accounted Op∣pressors.