CUi'U ^ s '^ XJi fwd' k 7 fyuju-tcvi. ; * Ll ^ Qu+hl v! Of[h?ijcJ- I A JUST and MODEST VINDICATION OF THE £>c0t£ Deftgtv For the having Eftablifhed a Colony at Darien. WITH A Brief Difpky, how much it is their Intereji , to apply themfelves to Trade , and particularly to that which is Foreign. Sanctiora pmt Putrid Jura, quam Hofpitii) Corn. Nep. in vit. Timoth. Nemo Patrium amat quia Magna ejt y fed quia Sua. Senec. Epijl.66. Printed in the Year, 1 TO THE READER. T HciC being no Dedication of this Bif- coitrfe ; a Preface is therefore not only the more allowable, but neceffary. For how vain, as well as impertinent foever^ they are defervedly accounted , who think cither to recommend , or to cover , an unfeafonable , ufelcfs and trifling Book, from Cenfare, Contempt and Ridi¬ cule. , by their Emitting it under the upped Pa* tronage of a great Name ; yet it is to Treat thofe , into whofe Hands Authors are ambitious to have their Papers to fall , and of whofe good Opi¬ nion they are covetous , with Rndcnefs , as well as with want of RefpeT , not to afford them thofe pre¬ vious Advent foments , and vouchfafe them the Lights which may let them decently in to what they are invited to Pcritfe, and firve both to obviate Mifapprehenfons of the Writer , and to prevent Groundlefs and Satyrical Rrpttions upon his Per¬ formance. And the endeavouring of the one and the other of thefe, is the more indifpenfably needful in the prefent cafe\ in that (if credit may be given to vulgar Reports) there are fome advanc'd toEmi- A 2 nent To the Reader. pent Pofis , and cloath’d with lofty Char afters. J who from Politicks peculiar to themfelves, have declar'd their Opinions, and oracularly given forth their Dccifions, concerning the Qjieftion hereafter debated, as if they were Partizans of the King of Spain, rather than State-Councellors and Ci¬ vil Minilters of His Britannick Majefty. For hefides their having in their private Converfations not only qnefiion’d, hut afperfed the Legality and JitjHce of the; late Undertaking of the Scots at Da¬ rien ; they are by their Friends , as well as by their Enemies , reprefen ted to have given both Encourage¬ ment unto , and to have beflowed liberal Rewards : upon , the unmannerly , little and defpicable Writer of the Defence of the Scuts Abdicating Darien. In which fcnnilous Pamphlet, there are not only thofe vmlkrable Inveftives againfi the whole King¬ dom of Scotland, as mil as againfi the Directors of their Indian ^African Company,^* are more cakdatcet to exafperate that Nation , and to run them into difioyahy , than any ways adapted to allay their Rcfentmems , and to quench their intemperate Heats under that misfortune y but there are likewife fitch i>joLne ajfirrtions, and thofe bottom’d upon Brutal ' Ignorance , in relation to the Legitimacy of the De- fign to have Set led upon the Ifthmus of America, that no Spaniard wan’d have had cither the effron¬ tery, or the ill breeding to have utter’d them. For , as if it were not enough for the Mercinary Scribler , to affume the impudence of affirming , that the Motives upon which the Proclamations were emitted in the Englifh Weft-India ColoHes, for¬ bidding the Supplying, Relieving, and Affift- ing the Scots at Dane a, or in any parts of Ame- vie*; where thev fhauld Settle, wasbecaufe the '■ ■ Go- To the Reader. Government of England would not be accef- fary to an Aft, which the World might judge to be Felonious, p. 4. of his Epif. Dedicat, he takes the boldnefs to add afterwards in Terms that are mop flanderous, as well as defamatory , p. 7. of the fame Epiftle, that their attempt of Planting on the Ifthmns, was the Setling a Co¬ lony in another Man’s Dominions, unlefs by vertue of their Presbyterian Tenet of Domini¬ ons being founded in Grace, the Scots , who are the preemptive Eleft, pretend a Divine Right to the Goods of the Wicked, and fo take upon them to cloath the Councellors of their Colony, with fuch another Commiffion, as God gave the Hebrews when they departed out of Egypt. Winch Language tho ’ agreeable to the Education , Manners , 1 olhtcks , and Inferior Stationsof Harris and D— 1 to have been the one the Belcher, and the other the Vmcher of \ yet it cannot mifs being efeemed extremely odd and in¬ congruous, that a Fcrfon , who is not only a Scbol- lar, a Gentleman, but a Mintptr of State, pould be reputed to have both authorised the reproachful Falpood , and to have paid liberaly for the inver¬ ting and divulging of it. But the forwardnefs expreffd by one in an Ho¬ nourable Office (and as is commonly faid with Ra¬ ptures of Joy) in the fpeedy Communication to the Spanilb AmbafTadcr, that the Scots had aban¬ doned Darien, would feem not only to inf mate his being poffiefs^d with a greater Picque again(l the Kingdom of Scotland ( omitting at prefent all tbofc further Inftar.ces that give evidence of it, To the Reader. The Defence of the Scots Settlement at Da¬ rien Anfwer’d, which are Publifii'd tinder the Safeguard of his Countenance , as well as Fented and Sold with his Connivance) than is reconcilea- bk with the Duty of one in his Poll under a Prince , who is no Ufs King and Severaign of that Nation, than he is of England ; but it doth alfo intimate a warmer concern for the Interefi of the Catholich King , and for the having his defires, and the wipes of his Sttbjetts complied with and grati¬ fied, than was either prudential for an Englilh Se¬ cretary of State , or correfpondent to the Zeal which a Per fen in his Station ought to have had for the Snccefs and Profperity of all and of every one of his Mafters People in their Undertakings, to have rendred himfelf obnoxious to the being charged with. Not to add how little and mean it was in it felf , and what mrfion from , and difi fifeclion it proclaimed againfi the Scots, to have af- ioiled the Plcctfure and coveted the Glory of being- the firfi Author and Conveyer of that News to the forementioned Amballador. Especially when tranf- rmtted to himfelf upon no furer Intelligence , than that fich a Report being arrived at Jamaica, the Tydings thereof were difpatcFd hither by one who might be fitfpeHed the more credulous in believ¬ ing tt ; becaufe it was that which out of Enmity to the Caledonian Colony he earneflly longed for and dcfired. Nor is it without a Pointed (tbo' 1 but tacit) Re- fidlion i,pat a certain Gentleman’s Conduct in this Matter, that the Writer of the Paris Ga'zetre of Nov. 14. hath inferted in the Paragraph from Ma¬ drid of October 22. That il arriva ici le 14 - n Courier extraordinaire dcs ptfche de Lon- dres To the Reader. dres par le Marquis de Canales AmbalTadeur d’Efpagne en Angleterre avec s’avis de l’aban- donement de le Colonie de Darien, qui avoit elte receu par un des Secretaires d’Eftat &: Communique a cet AmbalTadeur, There had on the 14th an extraordinary Courier come thither ftom the Marquis of Canales the Spa- nifh Ambaflador in England t wih News of the abandoning the Colony at Darien , which one of the Secretaries of State having received, had Communicated to the faid Ambaflador. But time having been a Miff age delivered fince by the fame Englilh Minifter to the faid Foreign Ambaflador, which how raviflnng foever it might be unto the tot mcr to Convey , could not be very joyous and delightful to the latter to Receive \ Ijball only obfcrvein relation to the diverftty of the Mat- nr, and the dijfmnt rdijh ktmtti the faid Mef- fag cand the foregoing Intelligence, that there is fomctimes a vaft dijfirmlitude , betwixt what one may find himjelf obliged to perform in obedience to the Order and Injunttion of a Mailer, who is no lefs wife in what he Commands , than Authoratative and Vncontrd.i'de in the having it Executed • and what the fame Fcrfon may run himfelf into the indifirctm of Doing when not din bled by a greater Prudence than his own, nor over-r tiled by a Superior Ant ho- rity. IVbich I dot.de the liberty the rather to fuegejr, in that it is too often the misfortune of Princes, to have even thofe AElions of their Minifters, of which they were not previoufly in the leap confeions , and much left had enjoyntd , to be interpreted as if done either in obedience to their pofitive Command andfpe- cial Dkctihn , or in order to humour thtir Inclina¬ tion; To the Reader. thus And to comfy with their Sentiments. There being but few Men in the World who render the fujlice And fay that Deference to Kings, as to difiinguiffi •with that impartiality and exaiinefs which they ought, between what Perfons raifed to Emenent Pojls in the Admimflration, are to have imputed unto them as Acting in abftraction from their Offices, and as they come to be confidcred only Pcrfonally; and what they are to be held accountable for as behaving them- felves correfpondently to the characters which they bear, and to the Trttfts which are reposed in them ; and as tley govern and regulate them felves in the fe¬ ver al and refpective parts of their Adminift rations, both in conformity to the Laws, and to the Meaftres of Bienfance and Decency , which their Mafters out of reffect to their own Honour and Glory, as well as from Principles of Wifdom and Jufiice, are to k always [appos'd to require, us well us to wijb, that they may neither trefpafs againft, nor in the leafl de¬ viate from. For as Monarchs and Soveraign Prin¬ ces, notwithftanding the Innocence of their own Pur - pofes, and the Rightcoufncfs of their Defigns towards their Subjects and People, do Jeldom efcape obloquy and blame, when they upon whom the execution and the exercife of their Authority is devolved, arc found to offend againfl the Laws, which ftand enacted and effabliffied to be the Standards and Boundaries of Governing and Ruling Power ; fo it is hardly to be avoided, let Kings and Potentates be never fo jufily Celebrated, by reafon of their own Wifdom, and the Manner linefs of their whole Royal Conduct, but that there will be found peviffi and ill-natur'd People enough, ready to fully the Fame, and to de¬ tract from the Glory of their Prudence, in cafe they who are employ'd jn the chiefeft Offices of the State, To the Reader. Suite, are obferved to over-look and forget the Rulcf of decency, and to trefpafs again ft the Forms of Ci¬ vility and the Maxims of Difcretion. And that what 1 have reprefented, may appear to have been [aid from a dutiful regard to His Majefty's Honour and Safety , let me be allow'd to fet both the Cafes in a clearer Light, by the Pro- pofal of two Suppofitions , whereof there are Proofs within view, to fiew that they are not vifio- nary and chimerical. For example, let His Ma- jefty be never fo Merciful, as well as Juft, never- thelefs it will be impoffible, during a feafon wherein there is no fuff, ■ (ion upon any Acts of Parliament, that his Government fhould efcape the cenftre of being not only Rigorous and Severe, but Arbitrary and Defpotical, if a Verfon trufted with Authority and Power of canjing Sciz.e and Apprehend ftch as are Informed and Sworn againft to be Plotters and Confpirators againft the Safety of His Majefty's Perfon, the Tranquility of his Government, or the Peace of his Dominions , jhould under that Cover and Pretence , fo far contemn and trample upon the many and feveral Laws of England, which have been made for the prefervation of the Liberty of Englifli Subjects, as to caufe Take tip, and by his Warrants to confine under afperfion of High Trea- fonwhomhe pkafeth, without the vouchfafing to men¬ tion in thofc Warrants his having received Depofi- tions upon Oath fpecifying and importing the Crimes for which he Commits them. Which as it doth of¬ ten prove to be the Ruining them in their Eftates and Fortunes, as well as the fcanddizdng and black- ning them in their Names, Credits and Reputations, thro'the charging them with the guilt of difqrace- To the Reader. reducing and bringing the People of England in- to a Bate and condition of abfilute and downright Slavery, by the making the Liberty of every Eng- lifh Sitbjett, as well as of fome, to depend vreca- riottfly , and at the fame time entirely, upon the humour of him who ajfurneth unto himfelf the Exercife of fitch a JurifdiBion. Which makes me aBonifhed, that they who covet to AB after this mrnited and unconfined rate, are not more Friend¬ ly and Kind to Scotland, than they have hither¬ to chofcn to Jhew themfelves in that no more is required there, for the Empowering thofe in the Administration to throw Men into Pri/on , with¬ out their admijfwn to Bails , or the being brought to Tryal, but that they do ftfpecl them to be Seditious Difloyal or Traiterous. Likewife , let the King behave himfelf towards the SitbjeBs of all, or of any of his Kingdoms, with never fo much Condefcenfm, Goodnefs, end Compajfion, fmcerely and joyfully congratulating ■their Profperiiy, and Condoleing and Simpathiz,- ing with them under their Calamities •, ( as the King with great Tendernefs hath lately done to¬ wards the Scots Company, thro 1 telling them in his Anfwer to their Add-refs, that he is firry for the Dammage which they and their Country have fuslained in and by the Lofs of their Colony) yet none of all thefi things will be found fujfici- ent to prcferve him in the hearty AffeBions awful Efteem, and firm Confidence of thofi Sub- jeBs of finch of his Dominions, who find their Na¬ tion made the objeB of the ficorn, ridicule and con¬ tempt •, its welfare the motive of the Envy and hatred ; and their misfortune the matter and pound of the pkafttre and delight of thoje, whom T o the Reader. be hath honored with the firfi places in the Exer- life of his Authority , and in the Adminiftration cf the affairs of State in whatfoever Dominion it be under his Subjection. However it may not be amifstoobferve, that how difcontented and clamorous foever the Spaniards have been, becaufe of the Scots endeavouring to have fetled at Darien j and how unbind, as well as unaffiftent unto them, (whether upon imaginary mo¬ tives of Juftice, 'or real inducements of State, I fhall not determine) fuel) have fhewed themfelves, nhofe favour and Protection they expefted in the fipporting them in that undertaking, and how great and Damageable thereupon their Difappointments and Ioffes have proved, which while they caufe farrow 10 them, do adminifter occafon of Joy to o- thers , whofc characters it doth very ill accord with And become ; yet that it is fame conflation both to their Company, and their whole Kingdom that the Reprefentation a Meflrs les primie- res rjliniftres d’ Angleterre, The memorial or maniteft given into the Lords Juftices by the Spanifh Ambafl'ador in September lap, was not in the leaf occafion’d by, nor bottom’d upon any thing relative to their Colony upon the Ameri¬ can llthmus. So that whatfoever the Conferen¬ ces of that Memorial, and of his Britannick Majelty ju.fi Refentment of it may be, yet- none of them, can either now, or hereafter, be faid to have fprung and fiowed from any Pack or Enterpri e of the Scots. jmd ffco’ I do not pretend to any knowledge of thofe Confutations, Treaties and Stipulations, ( five as they are there expreffed to have been. Sur la fucceffion de la couronne d 1 Efpagne, & fa Di- To the Reader . 1 Divif.on and Repartition, about the Succeffioh to the Crown of Spain, and the Divifion and Repartition of that Monarcy) wherein His Ma- jefty having been concerned, gave occafion and adminijired ground for that Memorial, which was fo difpleafmg unto Him, that he thereupon Commanded the Spanifli Ambafliador, who deli¬ ver'd it, to depart within Eighteen days out of bis Kingdom, and in that time not to go out of his Gate ; yet 1 hope it will neither be accounted Prefnmption , nor an bitrujion upon Secrets and Myileries of State to fay, that nothing could have contributed fo much to the obviating all fitch mifun- derSlandings between the two Crowns , as jhould [well into and terminate in a Rupture, as the hav¬ ing protcUed the Scots in their feukmem at Da¬ rien would have done. For as the having a Co¬ lony ESlablijlfd in the very Heart and Bofome of the Spanifli American Dominions, and accomo¬ dated with a Defenceable Harbour, that is capa¬ ble of receiving the whole Naval Strength of Eng¬ land, would ( unlefs the Cabinet Reflations at Madrid, be the Refultsof Paffwn and Haughtinefs, rather than of fedate thoughts, Political Wifdom , and of Debates where arguments derived from fafe- ty and interefi cafi the fcale ) effectually check the Spaniards againfl falling into raff and hafty Councils, and an infallible motive for re¬ fraining the Catholick King from emarquing in a War with His Eritannick Majefty, becaafe of the unavoidable mifchiefs, that upon our being fo Circumftanced and Stated thro* the poffeffwn of that place , would attend it in relationto the ma¬ ny great and opulent Territories of the Spanifli Monarchy in the Weft-Indies, which are both tin To the Reader. the fames of all that Wealth and Treafrn which inahle them to defend their Kingdoms and Pro- mimes in Europe, and do afford them the means and advantages of ftpporting themfelves in that veneration and eiteem, which are paid them, and rendred unto that Crown in this part of the World fo it is net to be doubted, fliould a War Commence upon any inducements and reafons whatfo- ever,whether fancied or realffight or weighty.between the King of Spain and the Monarch of Great Britain, but that thro 1 our being fo Ported in the midfi of their American Plantations , they would foon be made fenftble of, their betaking themfelves thereby to a courfe and method that will unavoid¬ able iffue in their Ruine. For tho 1 no Man that pretendeth to good Senfe can . have the weaknefs to imagine -, nor any who are under theTies ofJllegiance and Fealty, can have the Difoy- alty to ffpeel ’, that the coldnefs and indifference of the Court of England, in reference to the Scots being encouraged and fipported at Darien, (to fay nothing of the meaftres that have been taken and purfned, not only to the Difheartening and ObflruBing them in their Leftgn , but to the defeating it, thro ' 1 rendring as far as could be ef¬ fected, without open and direct hoflility, their continuance in that place impracticable ) was either in ftbfcrviency to the better concealing and covering tbofe Transactions, which were then carrying on, and are fence difeovered and divulged, concerning the adjnJHng and determining the Succeflion to the Crown of Spain, or in order, at the ex¬ pence o- the Kingdom of Scotland and the Li* fionour as well as the Lofs fustained by their African and India Company , to have the more eafdy To the Reader. eafdy reconciled, what was at that time under Confultation and Treaty towards the being Con¬ certed and Stipulated , to the Catholick King and his Minifers ; yet it may both with Modefty and Safety be affirmed, that among other means which would have both Advanced His Majefty above the threats and menaces of the Spaniards, who endeavour to altarm him , that ttnlefs all that he hath projected in the foremention'd Affair, be promptement arrefte, viendra un Guerre Fu- nelte & univerfelle dans toute tc Europe, fpeedily renounced, there will arife a de- ftruftive and general War thro’ all Eu¬ rope, but inabled him to juftify and to make good by his Power and Force , what he hath by his great Prudence and Wiflom been Adjnjting and Contrasting with others in reference to the forefaid matter. It would have alfo been in fome degree ufeful and fubfervient thereunto , if inftead of lending his Name and Authority to thofewho emitted the Proclamations in the Eng- f? forth ^ WelHndia Plantations, prohibiting the by the holding any Correfpondence with, or the e ir! of giving any Alfiftance unto, any Perfon or Mmcrn. perfons, that had been Fitted out in Scot- 3 ' land with Ships of Force to fettle in fome 1 part of America , he bad vnuchfaved unto his SubjeBs of Scotland, thofe Teftimonies of his Royal Care and Zeal for their Succcfs in the expedition they went upon , and for their pr fper- ing in the defign in which they were EmbarqPd, as might have made them out of Gratitude , Ambitious of Sacrificing their Lives in his Ser - Tor To the Reader.' For as it is a great Satisfaction to a Prince, and that which gives him a Refutation, and at fnch a juncture and in thofe circumftances, renders him formidable to thofe who feem inclined, and do only covet a favourable oppottunity of declaring them- felves his Enemies, to be univcrfally known to have a firm Tenure in the AffeClions and Confidences. of all his People, and to be tmderftood to have their Wealth and Power ready to be furrendred with rea- dinefs and chcarfulncfs unto his Difpofal, and their Lives chiefly valued by them on the foot of having them to venture at his Command, and for the ex¬ alting, as well as for the maintaining his Honour and Glory■, fo it cannot but both extreamly difljuiet him , and alfo Icjfcn his Credit and Feneration with thofe Potentates , that Envy the greatnefs of bis Un¬ dertakings, and who dread the Wifdom that dif- playeth it felf in his Projections, to find the largefi Part and Proportion of the whole Body of his Sub-, jells in one of his Dominions, highly difeontented with, and clamomfly complaining, and as they think not without jujl reafon, of the Conduct and. Behaviour of thofe towards them, who being in the highefl Places of tie Exercifc and Adminiftration of the Government, do vouch his Orders and his Authority for thofe Allions that are fo ill Re- fented. . And that thefe Proceedings of the King’s Eng- lifh Minifters of State, and of his Subordinate Governors, towards and againfl the Scots in their Weft:-India Undertaking, might have been for¬ lorn and avoided, without Elis Majcfly’s becoming obnoxious to Detraction and Cafurc, of having con¬ nived at and countenanced any Fad in them, than can juftly be called invafive upon the Dominions 9. of To the Reader. e f Spaing and an Infraction of Alliances with that Crown, or that can reafonably be held prejudicial f o the Intereft of England, either in their Mamt- fallures and Commerce at home, or with refpett to the Floirrijhing and Trajfck of their Plantations a- broad, being the Subjecl of the enfuing Difcourfe, I do without craving the lenity and favour, or de¬ precating the prejudice and feverity of any, fubmit it to the Judgment and Fcrdicl of all fitch, who ■underft and the Laws of Nature and Nations, have examin'd the Alliances that have been contrailed between the Crowns of Great Britain and Spain, and who arc able to judge of what is advantagious to the Brit if Kingdoms“ whether collectively or dif- jmuvely coiiftdcrft. And I am fire, that whatfoever hath been al- ledgcd by the Spaniards in the Memorial prefented by the Spanilh AmbalTador to His Majeflry in May laft, for Ihe blackning and afperfmg the De- fgn and Attempt of the Scots, with refpeil to their Setling a Colony upon the Ifthmus of Da¬ rien, (all which will in the following Sheets be brought under Difcjuifttion, and demonftrated to be Groimdlefs, Frivolous, and Impertinent) yet that it bath no Analogy , nor bcarcth any Proportion with the ttndecency, feverity and defimatonnefs of the Lan¬ guage, which oecurreth in the Memorial exhibited by the fame Minifter to the Lords Jultices in the Month of September. Wherein he upbraids and reproaches a Great and Wife, as well as an Imme¬ diate Perfonal franfaition of ILis Majcfty, as if therein u c had m only been Emporter a l’am- bkion d’ulurpcr & boulcverfer ies Pais d’au- truii, Hurried into the ambition of ufurpmg a Povver over, and of endeavouring to iubvert To the Reader,' the Dominions of another Prince; and that if fnc!, an /IB ft and allowed , II ny auroit ni Sta¬ tutes ni Loys Municipales,.a obferver chez les unes ni chcz les antres qui ni fuih'e Librcs de attentates d’antrnii, There will neither remain Statute nor Municipal Laws obiervable between Princes, which will not be liable to be inva¬ ded, and freely broken in upon; hat he farther calls it fitch an JBion towards the Catholic!: Kina , that by reafou of the influence , which it may have upon his Subjects , Pour tenter la Foy, & exciter leur Efprits a des foulevements, In tempting them from their Allegiance, and by exciting them to Mutinies and Infurrcctions, is not con¬ fluent, a la boil Foy qui fe doit obferver en- tre les Chretiens, & a la plus fort raifon en- tre des Allies & Amis, With that fincerity' which Ihould be obferved among Chriftians, and much more among thofe that are Allies and Friends; being withal Juch a Practife , that if fuffered , II ny aucoune Nation, ni Domination en Europe en furete contre les machinations &c tromperies de la plus Fort, oil _ de la plus rnalicieux, There will be no Nation or King¬ dom in Europe in fifety agaiuft the Contri¬ vances and Deceits of fuch, as are either Power¬ ful or Malicious. All which I have therefore called over and men¬ tion'd (and would not other-wife have done it) that they who have appear'd unfriendly nntof.ud offended at the Scots Vndcrtahlng , thro ’ the fnjfering thcmfclves to receive finifirnous iv.preffms of n, upon its being reprefented in thejorcmc.nion’d Memorial of May 3- As an Invaiion upon the Dominions of His Cstholick Majefty, and an Infraction of the Al- a 2 dance? To the Reader. liances between the two Crowns, may from their Joeing mode acquainted with the fodnefs and un¬ decency of the Terms that are heft owed upon the Stipulation which the King of Great Britain hath been concerting ., to the happ 'nefs of the very Spa- nsards themfelves , as well as for the future tran¬ quility of all the Soveraignties and Principalities of Europe, be from thence henceforward convinced ., that the Credit and Authority of a Spanifh Me¬ morial is too lubricous and fandy a Foundation to build an Opinion upon, of the Illegality and Inju- ftice of a TraufaBion , Entc,priz.e and FaB. And as I hope the having unanfiver ably p;ov’d, that the Spaniards were wonderfully miftaken in the Ap¬ pellations which they gave to the Scots Landing and their beginning to erect a Plantation upon the Ilth- mus of America ■, fi I doubt not , but that the Projection , for which His Mijefty is fi undecently treated, and. dijhonourably afperfed , will be both vindicated from all the Obloquies call upon and af¬ fixed. unto him ; and alfo juft ifed to have been the Rcfdt and Effect of a Wifdom , that future Ages, as well as the prefent , will admire and magnify him for. Only care in that cafe muft be taken , that they who jhall be honoured with the Truft of being employ'd in fitch a Noble Work, may not be of tbofc Per fins chafing , who /elected and pitched up¬ on the Writers of the Pamphlets, call’d. The Defence of the Scots Abdicating Darien \ and the Defence of their Settlement at it Anfwer’d, thefe being with rcfpcct to Senfi , Truth, Reafon , and good Manners, the moft filly, ridiculous, and. ignominious Creatures , that ever the Name of Au¬ thors was conferr’d upon. To the Reader. And that their Performances in their fevtral and reflective ways, which are fitch as froclaim the Intellectuals of both of them mean , and the Morals of cue of them very bad , arc not arraigned and ex¬ po fed in the enfiing Difcourfe, is, bccaitfc of its having been fully written and finished, before the Scurrilities of the one, and the In,pertinencies of~ the other, towards the blackning of the Conduct of the Scots, or the difprovwg the Legitimacy of their Undertaking, were obtruded upon the World-, as likewifr prcvwitfy to the Publication of the Bosk that is Stil’d, A Defence of the Scots Settlement at Darien , with an Anfwer to the Spanilh Me¬ morial againft it. And as I have not upon the perufal of the laft: cither added unto, or fubftra -, cted from what I bad antecedently written, which may ferve to vindicate me from being accounted a Plagiary, in cafe that in our Reafonings upon a Subject that is the fame there do here and there appear, not only an affinity of Stile and Language , but a Concidence of Thoughts, whether in the mentioning of Facts, or in the citing of Authori¬ ties • fo I do not think it neccjfary to Riply any thine to what by firne may be held Argumentative in either of the other two foremcntioTd Pamphlets, as reckoning that whatfoever occurreth in them of that Nature and Tendency , to be fujf.ciently obvia¬ ted^ and in way of Anfwer fully anticipated, in what is Rcprcfented and Argued in the following Sheets and much lefs can J prevail upon my felj , to waft my own time, and give entertainment to the judicious part of Mankind (whom I do only covet to be the Readers of what I write') in the detecting the Calumnies and Falftoods, and in re¬ buking the Petulancy of a Mercenary Scribler , that a 3 hath To the Reader. hat).i been brib’d with Money to defame a Nation , and to throw that Dirt upon Ferforts of Integrity and Honour, which a little fcandalons Fellow , who had been expel I'd. jome time ago out of His Ma- jefty’s Navy for his Crimes and Mifdemeanours (and who thereupon f'poke as fcandalonfly and rc- vilhigly then of the Englifll, as he hath lately done of the Scots ) had rak’d andgathet ’d together. The only thing which 1 fall therefore fay, for over¬ throwing the Faith, deputation and Credit, of that detraUive Mifcrcant in his many other Fictitious and Romatick Stories, fall be to refer\thofc, who arc not willing to be mi fed in their Belief of Men and Things by Lies and Fables impos’d with im¬ pudence and audacity upon them, to Mr. Wafer, who can and will affttre them , that the Afperftons thrown upon the Scots, in relation to their Treating of him , are as falje, as they are defamatory. So that thro’ the Fellow’s appearing a Liar in one Cafe , he is to be accounted incapable of having hisTe- ftimony receiv’d in all other whatfoever. Nor can any , without the renouncing of common Senfe , be¬ lieve that the Gentlemen employ’d by the Company to Confer and Tranfaci with Mr. Wafer, con’d be guilty of fnch Wcaknefs and Folly, as 10 reveal and detcfl unto him their Defgn upon Darien, in that the whole Succefs oj that ’Undertaking, depen¬ ded entirely upon its being kept and preferved a Se¬ cret. However it may not be amifs to tale notice of a ce> tain Fajfage in that Fabulous Book, which is to be met with Page 1 6. namely. That juft as the Scots Companies Books were open’d at Amflcrdam for the Receiving Subfcriptions to their Stock: sad- Capital, the Dutch Eaft and Weft-lndia Con^ To the Reader. Companies run open mouth’d to the Lords of that City, fhewing what was hatching by the Scots Commiflioners in their Town, to Ruine the Trade of the United Provinces. Which I have therefore the rather chef becaufc it is one of the few that have any Truth in them , and not to admin ifer occafion unto any Men (tho > I fear many trill be ready to take it from thence without ray leave or allowance) for fnfpcUing, and much iefs for concluding that our Councils in England, arc too much under the influence of the Hollan¬ ders, nnti nccommodt'.ud to fuel) Mcufim, ns are fubfeweiem to a Dutch Inter fl. For tho > the un¬ thinking Creature who communicated the Stott) to the Writer , and the unwary Statcfmm and indiffe¬ rent Politician , under whoje Countenance as well as Connivance it flands publijh’d, might -no ways d.e- (ign the begetting and fomenting flicb an Opinion , yet it is Jo adapted to juftify an apprehcnfion of that Nature , that not only fitch who are difaffecied to the Government , but many that place their hav- pinefs , and do find their Profit in being under ‘it will be ndy to fill into the Notion , and to imbibe the Sentiment. Fflpecially feeing as well the Pro¬ ceedings here in dijeouraging the Scots in their American Lefign, as what hath been done and praclifed in the Englilh vVeft-India Plantations by pofitivc Orders and Injimttions from hcncc , which have proved very Prejudicial , if not Ruinous unto them in their Colony , thro’ appearing very little fnb- fervient to an Englijh Intcrefi , either here , or in America, will thereupon be confirmed by thofic bold and critical Men, who do both nfurp a Liberty of penetrating into , and a Right of judging and ccnftt- ring Refolittms and Jttions of State (which omht To the Reader. to be look'd upon with Reverence , and acquiefc'd in with Silence) to have flow'd either from a Wifdom in reference to our Concerns , Welfare and Profpe- 'rity , that is indifcoverable arid pafl finding out 5 or to have fpnmg from Reafons relative to the Sa- itsfaftion and Advantage of that Outlandifh and l oreign Rcpublkk , which hath been named. And as Im the other Pamphlet, call'd. The Defence of the Scots Abdicating of Darien , An- fwer’d Paragraph by Paragraph, whereof the Author hath written with more Modefiy , than he did on whom I have been Refletting, tho' at the fame time fo weakly and triflingly , that I cannot bring my felf to think , that it 'needs (for I am fare it doth not deferve ) fo much as one Srriclure or Animadverfion befiowed upon it , beyond what in the following Difcourfe will be found applicable there¬ unto. And indeed that Gentleman's Defign feems (as if playing Booty ) he had intended the getting a Book to pafs unarrefled and current under the Vi¬ zor and Mask of being Anfwer’d, which thro' its want of that Sheen , Cover and Pafport , there were endeavours itfed to have ftifled and fipprcffed. Which appears the more evidently to have been the fcope of the Anfwerer, in that he doth not only give us the other Book entirely , fo far as he ■taketh upon him to Reply unto , it which he doth in his manner with reference to the whole that is Ar¬ gumentative and Difconrfive in it ■ but he annex- sth , without the owifl'wn of a word , whatfoever oc- eurcth in the Book , againfi which he would be thought to ft up as an Antagonifl , a Sheet and a half giv¬ ing- the Defcription of Darien, without the being fit the expence of a Syllable to contraditt or difap- prove it. lea , the main Argument upon which he T o the Reader. tndeamreth to jnftify the Oppojition unto, as well ts the Difconntenance given by the Government of England to the Scots, in their American Vn- dertaking, being taken from a Viftonary and Ro- mantick Topick, and Jitperflr: Bed upon a known and downright Faljbood, it doth thereby become manifefi to all who are endowed with any mea¬ sure of difcerning , that his main purport in Wri¬ ting, was to give a Licence for the fife and pub- lick Sale of a Book , which crept about, and was here and there vended abroad , only furreptioitfiy and by fiealth before. For whereas he feeks to have it believed, that all the late Englilh Pro¬ ceedings in disfavour and prejudice of the Scots, were in purfiance of and Addrefs prefented by the Parliament to His Majefty , Anno 1595. This is all mere Dream and Imagination , and no bet¬ ter than a Bantering of Mankind. It being mojl certain , that tbs Parliament never entertain'd a thought, of having ObfiruBion given to the King¬ dom of Scotland, as to their Setling a Colony either in the Ealt or Welt-Indies, provided it were not where they were the previous Occupiers , and on condition that it pray'd not in ways , and by means inconfiftent with the Amity that is between she two Kingdoms, as they jland link'd together under one Sovereign. Neither could they fo far forget the boundaries unto which they do at all times circumfcribe and confine tbemfelve: in their Tarliamentary ABings , as to attempt it in refe¬ rence to a Nation , o ver which they claim no Ju- rifdiBion , but which they do own to be Abfolute within it felf, aud altogether Independent upon them. But the whole which the Parliament ap- , To the Reader. pfyed unto the King about at that time, i vas that he would interpofe and exert his Authority for the hindring of his Englilh Subjetts from becoming Sublcribers to the Stock and Capital, which the Scots were about to make , ■ frame and efiablifi^ for the Ercttion of a Weft or Eaft-India Plan¬ tation, and for the beginning and promoting of a Foreign Trade. Which as they had a Eight and an Inherent and Legal Tower to do , fo they (hew'd themfclves extreamly Wife and Prudential 'in oppofing and defeating that part of the Scots Projection. Seeing JlioiPd fitch a Liberty have been either allowed or connived at in the Sub jells of Eng¬ land, much of that Treaftre which is employ'd in their own Trajfick ond Commerce , and efpecially to the Indies, might have been put into the Scots Bank, upon the Profpcft and Motive of the Profit that would thereby accrue unto them , thro 1 the ma¬ ny Privileges and great Immunities , which were granted unto the Scots Company for and during the Term of 22 Tears. Ivor doth he fhew himfelf very prudent , in Ee- fleBing fo fevercly , as he doth , upon the Behaviour of the Scots towards King Charles I. in that the Engiiiii themfelves were not only as Vifioyal as they , but both tempted them unto , and rewarded them jor it. Seeing beftdes their Troops being paid with Eng- tifh Moneys not a few of their■ Leading Men better'd their Fortunes , at the expence of this Kingdom , by their being the Fomenters of the firft War , as wed as for being the Infimments of Scotland 1 ; joyning to fnpport the Parliament againft the King afterwards. And whenfoever it is ' [eafonable, it can be demon- firatedfrom Mimic Mmfm % and fi;ob as k- To the Reader. fern to be Credited, that the Scots had neither Marched into England, Anno 1638, nor in 164.3, had they not been univerfally Courted, and divers Perfons of the flrft Rank bribed thereunto. It be - inn undeniable that the Ship-Money and the long In- termiffion of Parliaments in England, influenced fiich as in that Kingdom were flil'd Patriots (which whether they were or not I do not enquire ) to tempt and draw in the Scots to that bloody and infamous War , whereas without Encouragements , that I am not williutj- to IStame from them, the Scots would have^upon no Refentments of their own have rim into it, how Bigotted foever fome of their Cler- ■aff.ck■, feeing the great Ad¬ vantage, whether with refpect to Power or to Wealth, which this or that European Country and Nation have above and beyond others, is moftiy, if mot altogether, owing and afcribable unto the extent and meafurc or their Naviga¬ tion and TrajJicL For as it is principally this ■ that attrafteth and draweth large fwarms of Induftrions people to Countries and Territories, where the Natives and fuch as did Inhabit there before, were but few; fo in proportion to the encrcafe of people, and their application to Commerce, there do necelfarily eufue Enlarge¬ ment of Agriculture, Augmentation of Manu- fadhire, the venting of Natural as well as of Artificial productions, and thereby a growth iu Wealth and Treafure, and confequently there¬ unto, ail advancement in the value and price of Lands. But becaufe the main defign, as well as the neceflary brevity of this Difcourfe, will not allow place nor room, for the arguing of this according to the worth, and importance of the Subject,I fliali therefore choofe at once, both to prove and to illuftrate it from and by un- controulable matter of F,.B. Nor have we .occa- fion to go far for a convincing In dance and B a , EvL- (6 ) Evidence of it: Forafnmcli as we need no other demonllrntion of the many Benefits that Natu¬ rally l'diilt from Trade, than to conilder how our Neighbours, the .7ter/*, arc hereby become Populous, Wealthy and Vom,fttl. It being appa¬ rent, beyond poflibility of being rationally de¬ nied, or contradicted, that notwithlhuding the. Unhcalthfulnefs of their Air, the Brackifh- nefs of their Waters,the Badnefs of their Ports, the Scarcity of their Natural Productions, the Narrownefs of their Territories, and the vail E.xpence^ which they are indifpeulibly obliged unto, for the covering and defending themfelvcs, and their Country from the Inundations of the Sea ■, yet that upon the motive and encourage¬ ment of the Profits and Advantages ariiing by Trade, they have drawn many of the moft La» borious and Ingenious people of all Neighbour¬ ing Countries into their Provinces fo that from, a icanty number of Original Natives, and pri¬ mitive M.-'ibitiwu, they are incrcafcd into inch a Multitude, that no Nation without Traffic!:, and that is confined to there narrow dimenlions of Lands and Territories, maketh an approach unto, and much lefs cqualleth. And all thefe by accruements fromNavigation andCommerce, are not only by renfon of their Riches andWcal t!i,be¬ come the objefts of the envy of fuch as live abort tbcnij but the Heads, Governor.) s and Supreame Ka.hrs of that Repubiick, are rifen from Poor Weak Supplicant and Deipifed States, to the making of India Figure in the World, that ful¬ ly and amply anfwereth the Lofty Title, which theyjiavc afltimed unto themfelves, of High &a& Mighty. No; ( 7 ) Nor is it unworthy of remark, that the Engli{h, whofe Genius difpofeth and inclinedi them, 2nd whofe Situation, Ports , Natural Pro- duEHom, and Manufa&ures, give them incompara- blcAdvantagesforForeignTr^fiandCommerce, beyond what the Hollanders , with rcfpcft to all and every one of thefe recited particulars are pofleflcd of, and furnithed with, and that the faid Englijh have for above a Century of Years apply- ecfthemfelves unto Trade, with Indufiry, Zfcal, and Succcfs, beyond what moll of their Euro¬ pean Neighbours can pretend to have done yet even They are greatly exceeded by thcDureh (allowing for the dimenlions of their Territo¬ ries) both in Number of People, and in the Opu- lency of Private Dealers, as well as of their. States. And this meetly by a more intcafe, and Umverjetl Cultivation of Comment', and bv the Wife conduct of their Government in the ma¬ king the Export and Import of their Goods, and Commodities Moderate and Eaf y, under all the Exigencies and Neceflities of the State, and a proportionable Impolition upon, and Exaction from the Subject. For whereas the Patch (as is well olderved by. that Excellent and Sagacious Author ofauEJfiy upon ways Cfl-O 1 and Means) having in all their Provin- ces only about Eight Millions of Arcs, do bulks' entertain, employ, and comfortably Sub- Trade. p. 37 lift near three Millions of People, yet England notwithftanding all the forementioned Advantages, for Trajfck beyond and above them, and its having in Land more than Thirty Niue Millions of Aires, is not reckoned to have above 5 ;.v Milhous of People, which upon a balance, and an adjultment of our extent of Ground and B 4 • theirs ( 8 ) theirs, makes them to exceed us more than in a Moyety of Inhabitants. And as. they have in the vertue of, Milts from, and natural Confequences upon there ap¬ plication unto,- and Cultivation of Trade, at¬ tained unto a Naval ftrength, which makes them Sitper'tour in Marine Power to molt Nations , and Rival Competitors .with all for the Sovereign¬ ty of the Seas; fo they are grown able thro’ the Trtafirre , which they have acquired by Trajfick and Commerce, to procure, raife,and multer , fitch Numerous Forces, out of dilfant, as well as out of adjoyning Countries (where the want and poverty not only of Subjects, but of Princes rempteth the Latter upon the baite and bribe ofPenfions, to grant and afford them what pro¬ portion of Troops they do require, and com- pelleth the former upon the hopes of a Pay, that will hardly yield them Food, to be willing, and ready to ferve under their Banner) as thereby to be in a Condition to undertake, carry on, and manage both Ofcnftve and IV- faifive Wars againlt the greateft Potentate?, and the Powerfulleft Nations in Europe , For as it is with great Judgment, and an accurate re¬ gard toTrutigobferved by the moll Ingenious Au¬ thor of an Effiay, upon waics and means, that no Sums dug out of Mines, hear any proportion with what may he made to rife, by the Labour and Traf¬ fic}: of a Trading and Indttjlrious people : So it js no lefs Morally and Politically certain, than any Problem in Euclid is Mathematically, that in proportion to the Riches and Treafures which a people is poffeffed of, they may be powerful (it they pleafe) by Land as well as by Sea. Whereas fuch Nations, who do either becaufe ( 9 ) . of their diftance from Navigable Waters ftani '.Incapacitated and Difabled for all Maritime Traf- kclt, or who by reafon of their Cankfncfs, and fSloth , do not Apply themfelves unto it, with that ^nduftry which they fhould, are notwithlfond- "ing their larger, as well as their equal extent of T mitories , with them whom we have mention’d, : not only unable to fupport and fuftain a full 'complement of People, in proportion to the ’dimeniions of their Land, but tho’ poflibly • through the Lavgenefs of th§ir Ground, they be ■ overftockt with Inhabitants, beyond what Lome ■ Trading Countries arc, neverthelefs they are un- • capable of Maintaining even a Land War (efpeci- ally if it be ofleniive) for fo long a time, and with fo much Reputation and Honour, as a Kingdom or State addicted unto Trajfick and Commerce , are experimentally found to be in a condition to do. Wheroof 1 need not allign Pi¬ ttances, there being feverai large Dominions, and coniiderablc Republicks in Europe , which are undeniable and convincing proofs of it, and particularly even Germ. m, as well as SmzjrrLmd ; who notwithftanding their great Numbers both of Men and of Difciplined Troops, and their inclination unto, and 13fa¬ vour in War* yet thro’ their being ftraitned and fcanted in Money, which is a Natural and una¬ voidable ConfccjHcme of their Want of T>■ ajfiek , they are neither in a condition to bring fiich Numerous Armies into the Field, nor for any long time to Maintain them there , as fitch Nai- - ons who are ftored with Treafure, as the j'efult effeft and produce of Trade, caiily may and often do. ( 10 ) But that which in a moil; efpecial manner, Ihould awaken and oblige every Nation, that lies Situated , and is provided with Neceflaries and conveniencics for TiWe, to undertake, cul¬ tivate and promote it, is ferioufly to weigh and confider, what our Neighbours who have commodious Torts for Navigation, and Natural and Artificial Vrod.uttions , to be both the Source Original and Foundation, arid the Nerves and Supports of it, have been of late ancl are flill indultrioufly doing. Namely that the acquiii- tionand enlargement of Trade, is the great Stu¬ dy and endeavours of moll Princes and States, the adjacency of whole Territories to the Sea, the growth of their Soil, and the Manufa¬ ctures of their Subjects do in any mcafurc make it practicable, and give hopes offuccecding and profpering in it. Particularly that Powerful and wife A anarch o i France, no lefs to his own Glory than the Benefit of his Dominions , makes it the chief bulinefs of his Royal care and Authority, to encourage advance and protect; it. Tho’ of all Potentates and people wliatfo- cv'cr, the French King and his SnljcHs are in the belt condition to fublift comfortably with¬ out it. And that by reafon of their enjoying not only within thcmfelvcs and at borne, all thhirrs that are abfolutely Neccfary and Rcc^ifltc for the pleafurc, as well as for'the Suflentation of life, bntbecaufe of their having fo many and Inch Kaluablc Superfluities , which others do Ex¬ port from them, for which they do both furnilh them in way of Exchange, with thole few con¬ veniences, they do want, and do enrich them with Treafure, by paying them in Gold and Silver,for moll part of the Goods andCommodi- ties that they purclmfe of, and import into their own Countries from them. And indeed what that Prince, hath effefted and done within the compajs of a. few years, and the narrow Circle of his own Reign, in the en¬ couraging and promoting Mmufaehtres at Home, the extending and enlarging fraffck into all Coimtrie'-, rho’ at never fo great a diftancc Abroad, nor., icii (landing the Natural averfion, as well as the long contracted indifpofition of his people ihuvtiiico, thro’ Humour, Genius and Cultom, and hi; bavin/ railed and furnilhed himfdf uidi a N.ivJ Power, which for Num¬ ber and Strength of Ships, is not only in a Con¬ dition ro protect his Commerce, and defend his Kingdom up,milt Invallonsby 5c,? -, buttodif- pute the very Dominion of the Ocean with thole, who have long laid claim unto, and ho¬ norably maintained it; I fay that the great en¬ couragement which he hath given, and the ftu- pendious advancement that he hath made in all thefc, do cloath and adorn him with greater Honour while he liverh, and will tranfmit his Name hereafter ro Poltcrity, with a moredaz- ling Lullre and Splendour, than either all his Victories and Couquclts heretofore, or his late fuftaining fo long a War, without any con- iiderable Mortification and difgrace to himfelij or momentous prejudice or damage to his People. And whofoever will give themlelves leave to think, and are withal qualified to pene¬ trate into the Springs, Reafons, and proper caufes of Matters and Affairs of this nature, will ealily find and perceive, that there is nothing has fo much laid the Foundation of his vait Power and Strength of Military Forces at Laud, . and (**) and ef his Ability to maintain and fupport them, without either their Deferring or their Mutiny¬ ing thro’ want of Food, Rayment and Pay - and of all the Succefles which he hath attain’d unto by means of their Bravour and Difcipline, as his Manufactures at home, and his Commerce abroad have done, from and by which molt of that great Wealth and Trerfurc hath flowed in to him, in the Vertue whereof thefc things became practicable and have been accom- plifhed. For I do reckon there is nothing more de- monftrable, than that the French King is chiefly indebted to the Profits and Emoluments, which have arifen by Mann fafturc and Trade, for all that during the late War he hath been enabled to do both offeniively and defenfively. And while others do amule and triflingly employ thcmfelvcs, and impertinently and ufelefsly fquander away their time, in loading their Memories with naked and infignificant accounts and Manor,-s of the Military Fafts of that Mo- '<'mrch , and of thole Confederated againft him, which were traniactcd here and there, during the late bloody expeniive and tedious War: L am not alhamed to declare my felf one, who am rather willing to enquire into, reprefent and to recommend, the Springs,Originals and Foun¬ dations, upon which that Potentate was in a condition to fupport and manage fo long a War, with fo much Reputation to himfclf, and lafety to his Territories and People. And I do prefume to affirm, that the main Sources and fundamental means hereof, were his former ac- quilition of Wealth, and a continued acceffiou and accruement of new T .x.flnre by Mamflo.ttnre (I?)' snd Trade. It being thereby alone, that h large a Quota and Portion of the Gold and Sil¬ ver dug out of the Spanifl. > Mines of America, and of what of the former is gathered in Africa, hath either by Ihorter and more expeditious fteps, or after longer and wider llrides flowed into France, and thereupon in the Courfe of Circulation there, hath come at lalt to be fo plentifully lodged in that Princes Exchequer . So that it is into Trade and the produB thereof, that we are principally to refolve the French Kings having been not only able during the laft War, to cover and protect himfelf from dishonour, and his Kingdom from Ravage and Impoverifh- nient, by the irruption of the Troops of the Allies into his Provinces, their dellrudion of his Cicies and Towns, or the pillaging of his Subjects to a meafure and degree, that counter¬ vailed the attempting, and executing any thing of that kind; but his having been victorious in feveral Battles, fuccefsful in the Conqueft of di- versftrong Holds andFcrtifyed places,that were thought by fome to be impregnable ; and the rendring himfelf Mailer of large and rich Pro¬ vinces, whofe Situation and Remotenefs, were thought Sufficient to have covered them, from being infulted, and much more to have made it impoffible to have fubdued them, and all this a- gainlt fuch a plurality of Confederate Allies , and the greateft, ftrongeft, moll numerous and bell difeiplined united Forces that were ever known in this part of the World, to have ce¬ mented and Joyned againlt One Prince and Angle Kingdom. Now I have the more particularly mentioned this, not that any Ihould thereby be provoked to v (14) to complain 6f, or to blame that Monarch be-' caufe of his employing his Princely folicitude for, and cxercifwg his Royal Authority over his People, in commanding as well as encouraging their application unto Mawtfaflntrc *id Trade t, but that his example may be both a Pattern and a motive unto every Nation to enter upon, and, to purfuc the fame ways and methods, that is any wife qualified for, and capable of doing it. And efpcdally that they would engage therein with zeal and Induftry, unto whom upon the advantages, which will redound and accrue to him, thro’ his Subjects improving in Manufa¬ ctures, and in the enlargement and encreafc of their Traffick,hemayby reafon of his Neigh¬ bourhood become hereafter a more dreadful E- nemy than ever he yet was. For tho’ neither our unealinefSjUpon the aforementioned Account for the prefent, nor our too Juft fears of what may overtake and befall us in time to come, can Juftify either our being offended with, or our fpeaking undeccntly of the French King, but will only betray and difeover our Folly, 111 nature and want of Breeding •, yet it will both become theWifdom, and prove the In- tereft of the People of England, whom He is a- bout Rivalling ill Commerce , as well as in Naval Ihength , to make it more their care and en- dc ivours to exceed him in each of thofe. And it is and will be every day more and more the great concern of the Scwj, to emulate and imitate him in thefe particulars, as far and as much as they can. And were He at prefent in actual Hoflility with us,as who knows how foon he may be, yet fas eft ab bofte doccri , it is both Lawful and commendable to fubmitto learn of an ( IS ) an Enemy, and to fufTer our felves to be taught by him. Nor can it Jultly adminiRrer offence to any honeft and prudent Englilhman, if I take the Liberty hereupon to lubjoyn in a few words, that the more the French do cultivate and pro¬ mote Manufacture and Trafjick , for which nei¬ ther his M.ijcfty nor the Parliament of England can righteoully quarrel with them, nor can at¬ tempt to dilhn b, or toobftruct them in their Commerce without fome previous Infraction on their part of the 1 Treaty of Rcswick : The more it Ihould be the Primely care of the King of Great Britain , and the fedulous and prudenti¬ al Study and endeavour of an English Parliament and People, that the Scots, who being under the fame Prince, that they are, and thereupon fo Confederated and linked together, as to have the fame Friends and Enemies, may both have the Advice, Councel, and Countenance of Eng¬ land, to encourage them unto, and the Aid and Affiftance of their Trcafure, and Strength and Power to uphold and protect them in Trade. For feeing Traffic k is the Spring and Fountain of Wealth, and that Nations encrcafe in Riches in proportion to the Kind and Degrees of their Manufacture, and the Quality and Extent of their Commerce -, It naturally followed! that it is'both the Interclt and Duty of thefe Kingdoms mutually to further, and fupporr. one another, ‘who being Subjects under one and the fame So¬ vereign, are knit and united together by a ftron- ger Cement, and by more firm and indiflolublc Tyes, than Countries under diltind and diffe¬ rent Princes, arc capable of being made by Alli¬ ances and Leagues, how publickly foever con- oo traded and ftipulated, and folemnly ratified and confirmed. Nor will it I fuppofe be denyed, but that according to the Share which England and Scotland fliall acquire and obtain of the Trade of the World, the Left will fall to the Portion of the French , and the Lefs vent they will have, as well every where for their own Natural and Artificial productions, as for what they do Import from Foreign and remote pla¬ tes. Nor can it be reafonably contradi&ed, but that ScctiWhath been expos’d and ftood liable to many Inconveniences and Prejudices by it’s ha¬ ving fo long and greatly negleded Manufacture and Trade, as it hath imprudently and fupine T ]y done. And had not they of that Nation", given undeniable proofs in divers other ways and Initances of their being a Sagacious and Wife, and a Laborious and Induftrious peo¬ ple fuch of fome other Kingdoms who affurne a great Licentioufnefs in rallying upon the de¬ feats and imperfeftions of thofe of other Coun¬ tries, than their own, might as Juftly refleft upon the LazJnefs of the Scots, and their defici¬ ency in Prudence, and good Settee, as they do with infolence and unmannerlinefs enough, upbraid them with their Poverty. But as this is a very tender Subject, I fliall handle it with fuch gentlenefs, that none of the Kingdom of Scotland, fliall have caufe to be offended: For as much as my only defign herein is. to reprefent* the Benefits which will arife to tliem, by their prefent undertaking, and to commend their en¬ gaging, as well as to encourage their perfe- vering in it, but not to relied with any Se¬ verity upon their omiflions heretofore in this matter, And ( *7 ) And I fuppofe it will be readily ackupw- Icgcd, by all Men that are capable of thinking accurately, and to ufefi.il purpofes, that it is not the Largoiefs of-7 nrhory, that makes a Country Strong and Porc-crf but the great and plentiful Number of People, and confcquently that the ncglcdting of fiich means and Methods, as would be effectual motives to prevail upon inch a; are Bora and Bred in a Nation to continue in it, or to go no where kit'm pi ofpedh ftl; and id Subfcrviency unto the prolpemy of their Na¬ tive Land, muft unavoidably caufe a Nation to lie Weak, notwithftanding the va.fi Multi¬ tudes, that may have been Born, and for Lome years brought up in it-, which I prcfiimc wifi be confcded to have been hitherto the cafe of the Kingdom of Scotland , in that fo large Numbers of people of great Ingenuity of mind, and of bodily ftrength and agility, equal tothofc of any Country about them, have through the difficulties they were under of living comrbita- blyathome, which proceeded from Neglect and want of MamfitSLre andlm./cgbecn Ncceffitatcd, as well as Tempted, to feek their Fortunes, and to endeavour to gain a livelyhood cifewhere. Whercunto may be added, That as it is not .meetly becaufe of the having a great Number of People, that a Nation is rendred Prolpcrous and Happy, but thro’the having them merrily em¬ ployed, which it is impombic they Ihonld be, without Mauu.j'.'.clirrc and T<■.$«!•, and tnereforc that where there is none or very lialc Trade, a Nation is even made Obnoxious, and doth be- •comc liable to Calamities and Dcfolatinns, by the greater CmfUmra and Number ic hath of liihab't.vui. seeing m inch years as are not C Sea- C 18) Scafonable for Grain, wherein that of the Poet obtains of Spcm mentita feges , the Com doth not r.nftvcr the hope and expectation of the Husbandman j The greater that thzNnmbcr of the People is, they imiil be fubjeetthe more toFb>»/'»c,andMultitudes of them expofed to Starve. Whereof there needs no other proof, than what that Country hath for tlicfc two or three laft years afforded us. For tho 7 it is by veafon of Trade, being become morcdiiflifcd and univerlal in the World, than it Anciently was, by means whereof the Indi¬ gency of one Country, isfupplyed out of the Abundance and Plenty of another, that Famines of late Ages are neither fo frequent nor fo Fa¬ tal as of Old they tiled to be yet in proporti¬ on to the Scarcity and Want that there is of Money in any Nation, which mull neccflarily be anftvcrablc to the littlenefs of their Manufa¬ ctures, and the meannefs of their Commerce, Fa¬ mines will both tall out the oftner there, and prove the more deftructive. Seeing by the feme reafon, that the Poor in any Country, are in a time of fcarcity more Obnoxious to Starving, than fuch as arc Rich: A Nation that is Nccefli- tom mull be more expofed and fubjcct to Fa¬ mines and to Devaftations by them, than King- domes and Provinces which are Wealthy and Opulent Hand liable unto. Yea where Trade is not encouraged and pro¬ moted, even Jgriathurc it fclf will be much neglected, tho 7 it be the chief, if not the on¬ ly means, whereby the Inhabitants do SubliH. Becaufe that as thro 7 the Scarcity of Money, and the Poverty thereunto annexed, which as I have often intimated, will always both accom¬ pany, and be proportionable to the want of Mann- ( J 9 ) Manufacture and Commerce, there will nc-ver be a fnfficicnt Complement of People to Cultivate all the Ground, that is capable of being Ma¬ nured, but that much of it mult be left Barren: So the price of Grain and of Fatted Cattle-, be¬ ing generally in proportion to the Wealth, and Treafure that a Nation is poflefled of, the Rates of thofe will run too low, for Husbandmen to be encouraged and enabled, to make Inch im¬ provements even of their Agricnlnd Lands, as they might by Expence upon them be brought unto. Which brief hint and fuggeftion, I do leave and referr unto the confidcration of thofe who do live in Scotland, who mult know better than I pretend to do, how little their belt Lands are improved to what they are capa¬ ble of being, and how much Ground doth lie wholly barren, by reafon of the want of a fnfficicnt Number of People, and of die defi¬ ciency in Riches of thofe the Nation is llockt. with, to take it in and cultivate it. Whereas it is obvious what great enlarge¬ ments are made in the Agriculture, and Pai'tu- rage of England beyond what formerly was, and to what high Prizes in comparifon of that which they bore before, Com and Cattle are advanced, ilnee the Application of the linglijh to Trade. Nor is it to be doubted, but that as they extend their Traffic!:, and become thereby far¬ ther enriched, there will be a proportionable progrefs made in the talcing in and rendring thofe Lands fertile which remain hitherto Bar¬ ren,and in the egereafe of the Price of thofe which are already cultivated. Nor may it beanuls un¬ der this head further to reprefent, that it is be- caufe of the- Scots having neuleded Manufa- C * “ fttrt ( 20 ) chirc au&Trade, that the general Rental of that Kingdom, and the Value of Lands when Far¬ med , are even for the Dmienfton of Territory and Ground , fo much Difproportionable unto,and be¬ low what they are in England and Holland. Nor can any Mathematical proportion be more evi¬ dent and certain, upon the indubitable princi¬ ples of that Science, than- it is fare and un- qucfcionable both from Moral Arguments and F.xfirience, that the current Worth of Land to be Let will be always according to the Me afire of Mw.failure and Trade, and in proportion to the Riches which a Nation by that means be¬ comes poflefled of. In confirmation whereof, it may not be unfeafonable to take notice, how that anfwerably to England's enlarging its Ma- mfaBnrc , and extending its Trade, the value of Lands hath in equality thereunto gradually rifen and fwelled. So that from Twelve years purchafe, which was the highdt that Land went at about the middle of Queen ElTwctlh Reign, when this Nation began firft to apply it felf confide- rably toCommcrceja was rifen and advanced fomc time ago to Twenty Tears Purchafe,and in feveral places of the Kingdom to more. For as theAdmirableA'rW of an Effay on Ways peolk 'timers 'in tit an dMeans doth moft pertinentlyobfcrve, Bililccoj Trade. " and confidently affirm, That there are p. 77. undeniable reafotis to be given , that the mu¬ ral Rental of England did not in the year 1600 exceed Six Millions per annum, but that thro ’ the keif of that Wealth, which bad flowed into the Kingdom by Foreign Trade, it had rifen before the commencement of the late War, to Fourteen Millions Yearly ; So none will have the Effronte¬ ry togainfay, but that the Rental of Emlmd, was the year 1600 greatly encreafed beyond, what it had been about half a Century before. Which the more it is ferioufly weighed, and duly pondred by the Nobility and Gentry of Scotland, it will not only both Juftihe their Wifdotn in procuring an Jcl of Pari;ament, for Tr.iJ.hig to Africa and the Indies, and in their haying joyned fo freely, and contributed fo Liberally, for the forming a Stock, and rai¬ ling a Treafure, that may be fufficient as well to Uphold, and Promote as to Begin it, but it may alfo animate their Zeal, and raife their Courage for the Maintaining and Preceding of it. But to fliut up this particular, it is to be aferibed to the neglect of Tutde, and their falling below their Neighbours in Riches and ‘Treafure, which is the Natural eiTeft of that Omiffion, that Scotland is not only fo weak as it is in a Naval Strength , iiotwithftanding the variety, goodnefs and conveaiency of its Ports, for the Ocean and Mediterranean , as well as for the Narrow Seas , and the BaJ.tick , but that the Nation doth make fo mean and inconiiderable a Figure in E:.roj>c , and that the Scots Nobility and Gentry, who for their Natural and acqui¬ red accompliihmcnts do equal molt of any Country that are of their Rank and Quality, and who for Bravour are Univerfally acknow¬ ledged to Come behind few or none, are never- thelefs fo little Valued and Carcfled by Princes, and in Courts, by whom and where perfoas are chiefly elteemed, according to their weight in the balance of an Exchequer, and in propor¬ tion to their Rental and Capital. (;0 Put tec KhgJcm of Scotland being at lalt Wiling and deiirous to redeem it felf from the 0/pltyand T\cpo,icl^w nto which it hath jo long flood expofed among its Neighbours, tor the having either thro’ Supinenefs orPiide, neglected the promoting and purfuing’ Mmi- f ill rye and Trade, and being now Embarked in an Undertaking, that will relieve that Nation again!!:, and relu'e it from the Inconvcnicndes and Damages, which have enfued upon, and accompanied their Omijjlou of Comment it may not be here improper to reprefent in a few words the fcveral advantages that Scotland is poflefied of, and doth enjoy in equality with moll Countries, and above divers, for its be¬ ing qualified and enabled to fuccccd and pro- fper in this DcUgn. tor the main and great things that are Antecedently necdfull, and pre- iequired, hi order to a peoples engaging in Manufacture at home, and Commerce abroad, being large Numbers of Men and Women, and a Soil producing 'variety and plenty of ufe- full Commodities, and convenient Ports for the Exportation of their own Commodities, and the Importation of fuch goods from Foreign parts, as they fhall have either occalion to confumea- mongtt themfelves, or which by carrying them forth again, they can difpofc of and vend clfe where} there arc few Nations in Europe , that are better furmlhcd and accommodated with all thofe. advantages, helps and Succours than Scotland is. Seeing hefides its having divers Harbours , and thofe both fife and convenient¬ ly Situated, for Sailing to and from the Pa¬ ttern, Southern and Wefiern parts of the World i It hath likewile diverfe Natural Pro- dull ions , ( 23 ) Jt'liions, and may have a fuflicient plenty of Artificial, to give an Original unto, and be both a Fumckiicuml Nour.jlimn for Trade : Nor will any deny but that it actually doth, or may at lcaft fpeedily fo abound with Peo¬ ple, as to yield and afford hands enough for Alauu fail arc and Traffick For tho 1 I do acknowledge, that Gold and Silver with which the Scc-rs , may probably be but indifferently and fcantily furniflied (whereofne- vcrthelcfs they may in time by this means ac¬ quire more) be the meafure of Trade; yet nothing is more certain, than that the Natural and Artificial Pmh.-fls of a Country are the Spritg and Source of if, and that the Nerves and Sinews thereof are a Mnhiplii i,y of Hams properly and induitrioufly employed. And with thefc Scotland doth fo abound, that many have not only been, and Hill arc thro’ want of bu- Jincfs and labour wherennto to apply them- felvcs, an ulelds and a grievous Burthen to their Native Country: but great Numbers have by their NeceOities bcea'couftraiacd ei¬ ther to Tranfport thcmfelves into the Colonies and Plantations of other Nations, or to ferve Foreign Princes and States in the Wars, which they have been carrying on againft one ano¬ ther, in neither of which ways, hath any Bene¬ fit accrued to the Kingdom of Scotland , nor is it poOible that it iliouid, unlcfs now and then cafually and by accident. But thofe Colonies, where they have planted, do carry away and engrofs the Gains of their Induftry: And the Potentates under whofe Banners they bear Arms, do reap the Glory of their Bfavour, and do become poflelied of thofe acquilitions ( H) of Town', and Provinces, which they mirciiafe at the cxpcnce oir their Blood and Lives, And may I be permitted, without giving of¬ fence, to add, That thro’ the latter of thefe Methods, Scotland hath had .the Misfortune, to have more Thoufonds of lofty and valiant Men kill'd and dcltroy’d in Wars, wherein that King¬ dom had no National concern, than if they had been employ’d in the gentle and peaceable Arts of j\Lw.:ifdbrc and Trade, would have been fmTicicnt to have render’d it a powerful and opulent Nation. Yea, fnch has been the guilt, as well as the unliappinefs, of thole, who thro’ want of BulineL, to give them a Stibfiftcncc and Livelihood at Home, have betaken them- felves to the carrying Arms under Foreign Ru¬ lers and Potentates j that they have not only been 11 cqucntly engag’d in the killing of others, and expos’d to be kill’d themfelvcs, when and where the alone caufe of the War, hath too ofren been meerly, either the Covetoufnefs, Pride and Ambition of the Aggreflors, or the Fraudulencies, and Injufticcs of the Aggraded; Pur, that to the difgracc of the Chriftinn Reli¬ gion, and the infamy of their Country, they have, many times, in Oppoiitc and HoitileBri¬ gades and Battalions, been found Encountring and SLutghtring one another. So that for the obviating, preventing, and avoiding, that Cri¬ minal and Reproachful Courfe for the future, if upon no other Frofpects and Motives, that Kingdom ought to apply it felt more to Mnms- ftcitirc and Trade than it hath hitherto done. For which that Nation hands not only ex¬ ceedingly adapted, by reafon both of the Saga¬ city of their jXohiliy and Highr Gentry , for tii; tlilcerning 05 ) difceming and adviflug unto Means,. Ways, and Methods., for the encouraging, encreahng, and maintaining thereof; and of the Mercan¬ tile Knowledge, Skill, and Artifice, of thofe of the Middle Rank, For adjufting, conducting, ■ and managing, as well what is to b zFabrichA at Home , as what is to be chiefly Regarded and Cul¬ tivated abroad: But efpecially, becaufe of its having, with refpect to the Number of its Peo¬ ple, a vafter Prof onion of thofe that are of the Poorer and Inferiors Sort, than fome other Coun¬ tries are furniflfd with. Nor is any thing more dcmonftrable, than that a multiplicity of Nobiiity and Gentry, without a very large Num¬ ber of Commonalty, and of fuch as arc Ncccjfitous and Indigent to very conlidcrable meafures and degrees, is rather an Orjlmcliou unto, than a Furtherance of Mam:failure and Comment. See¬ ing tho’the former may afiilt towards the find¬ ing and fupplying the Materials, and can alone afford and advance the Treafure that is necellary to the Managing, Upholding, and the Enlarg¬ ing of both ■, yet it is they of the latter kind that do mainly afford the Hands, by whofe Toyl, Labour, and lnduftry, the Production of the Waters is gain cl, tile growth of the Laid is Fa- bricked am ALrmfaclnr'd-, and whatfoever Com¬ modities Colonies and Plantations are capable of yielding , come to be acquir’d and improv’d. .’For as it is confeis’d by all, who do exercife their Thoughts in and about Speculations of this kind, that Multitudes of Pcciflc are the moll valuable Trcafurc, as well as the greateft Strength of a Country: So it is infallibly certain, that the Tca- fants and ordinary Sort, and fuch as are reckon'd for the Mobbmd Commonalty, provided they be uuiverfally ( 26 ) imiverfally and fully, employ’d, and their Lai bonr and Indufhy pertinently and ufefully ap- ply’d, are as ferviccable to the Interefl of a Community and Republic, and as contributary to the making a Country Opulent and Weal¬ thy, as thofeare of any Rank and Quality vvhat- joever, if not confiderably more. And the more any Nation is over-flock'd with Poor, it be¬ comes the more fignally tiic Intcrcft of that So-;'? or Kingdom to cultivate Ma.nu.fallure and Track., thefe being the only means of rendring fuch Readable to the Common-wealth, who mult otherwife be unavoidably Eurtbcnfomc. And as Scotland hath a large complement and lharc of very mean and poor People, that may be made (crviceble to the Fabrichng Good and Commo¬ dities at Home,the Navigating Ships ofTraflkk. railing a breed of Seamen for Fleets of Men of Wav, and for the Planting of Colonies abroad, and the winning, extracting, and improving the productions of thofc Lands and Countries, whither they are carry’d, and where they are fct’led: So the Scots Pea.fimtry are accuftom’d to a Frugal and Parfimoniotts way of Living ; to which thofc of Lome Neighbouring Nations, are not, without great difficulty, to be brought, nor hardly able to bear; which is a farther and a confiderable reafon, why Scotland Ihould pro¬ ceed and perfevere in the fettling and maintai¬ ning a Foreign Plantation. Nor are they only difpos’d,as well as capable of living both health¬ fully and contentedly upon Viands and Allow¬ ances, that would reduce thofc of fomc other Countries , who are as mean as they arc, and born as much upon the Flat, to a weak and languilh- ing, if not to a ftarving Condition j but they are ( 2 7 \ by the fixe and fabrick of tlicir Bodies, the Nimblcnefs and Agility^ of their Limb, and the Natural acutenefs of their Undcrliandings, as capable of biHngLaboriotisJnclnfi; Unsand In¬ genious, in wliatlbera' they are put upon, and made apply and additt themfelves unto, as fiich of any other Country are. Finally their great inclination to Marry, be- caul'e of their Narrow and Frugal way of Li¬ ving, and their prolificalncfs, and aptitude for Generation, and thereupon, their acciiftomed- •rels to.. Fnci'e.;fc and Multiply, thro’ the par- fiinonious manner, of their Subiiiling beyond what is mini in nidi Countries, gives another encouragement, as well as adminifters a further Inducement-, why the Scon flionkl remain Hea¬ dy and unchangablc, in their Dciign and Un¬ dertaking, of cllablifliiug Foreign Colonics-. See¬ ing they will upon that account, and byreafon thereof, become the Sooner FccfUd, without drawing too many Swarms from the Hive at home. Of this their needs no ether Proof, than barely to obferve, bow the Soots in Inh,u\ from a very inconlklerable Number, that fettled there not long ago,arcMultlplicd to a very great and large body of People, whereof that King¬ dom rcceiveth and enjoyctii a!! the Benefits both in Power and otherwife • and the whole that falleth to the Iharc of Scmirnd, is meerly the Satisfaction and Credit, of having fo valt a Colony of their Countrymen there. And by this blelling and advantage of being more Pro- lifica'I and Fertile, in theProcreating of Children, than thofe of their ftraic and narrow circum- ■Iduces, are any where elfe ; the Plantation of ‘ -dor,ri in the IJilmts of Darien may in a few Years, (28) Years, become equal in Number of People, to fomc other Colonies in that part of the World, and Scotland may fecurely promife to it felf, the efcaping of that Mifchief, which hath be¬ fallen the Kingdom of Spain, in the being al- molt Depopulated, by the Colonics which it hath Planted in the Weft Indies. Yea, were there not fo much in what I have intimated, as I do believe there is, for the rendring them iuddenly Populous, in any Plantation, which they fhall eltahlilh in an entire dependence upon them- felves, and cfpecially Subfcrvient and Condu¬ cive to their own Benefit; yet they will find enough to Trcmfpon and Tmiftphmt Yearly, into their Plantations without Braining their Country of its Inhabitants, by mcerly Inviting and Prevailing upon fuch to go thither, whofc jiecefiities do either compel them to Travel abroad, in order to be Soldiers and Servants, in Foreign Countries and Plantations, or who Hand reduced to pinching Wants, if not to be Beggars at home \ which being iccondcd and accompanied with a thrifty, temperate and regular Conduft in their Colony , and with the giving due encouragement, thro’ granting Li¬ berty of Confcicnce ,as well as Secular Privileges both in Scotland and there , to fuch ftrangers as Hull come and fettle among them, thro’ the want whereof Spain is become Difpeopled at home, and their Plantations in America but Slenderly ftockt with Inhabitants, they will not only render the Calldonian Colony , fuddenly po¬ pulous audFlouriihing, but they will draw more people into Scotland it felf, than it now hath, or can at any time hereafter, under all the ad¬ vantages of Commerce an Traffic^ be well able to ( 29 ) to bear. Whereof England as well as Holland , are evident examples and_demonftrative Proofs, being iince their refpeftive and feveral Plan¬ tations, in the Faft apd Wcfi Indies, mightily encreafed in the Number of their Inhabitants , notwithftanding the vaft Shoals of People, that have from year to year been Transplanted into thole Colonics : For as the incomparable Author of an Ffj'a y upon Ways and Means, doth allure us that England [nice ihe year i6co, is iucreafed in Humber of Inhabitants about 900000 Where¬ of I may venture to fay the like of Holland in proportion to the Dimcnfion of their Ter¬ ritories : So it is undeniable, that within that circle and compafs of time, diverfe of the Englijh Plantations, came to be erefted and cftablilhed, and that all of them, as well as thofe of the Dutch, have iince that term of Years, been enlarged, improved and become vaftly more Peopled than they were before. So that it appeareth, from the whole which hath been hitherto faid, how much the Scots have of late, difeovered their Wifdom and Prudence, and how highly their care and zeal are to be Commenced, in their having made an Etlay, and a beginning for the encouragement ' and enlargement of Manufacture at home, and towards the erection and eltablifhmcnt of a Co¬ lony abroad,and by that Foundation which they have laid, for the fettlement and advancement of Trade. And this unqucftionably they have a plenary right to do, as they are a F, cs and InJ.epcndant Nation, without asking the leave, or demanding the concurrence of any Rulers and- Countries whatfoever, provided they be Countenanced and Amhorifed thereun- ( 3 ° ) to, by their own King 5 and that they do no¬ thin? therein, which is inconliflent with the Law; of Nations, nor attempt the fettling in any P'.jtriUs or Provinces, from which they ft’' n ; prohibited and excluded by publick and foienm Stipulations , between him that now is their Sovereign, or thofe that have been fo for¬ merly,and other States, Princes, and Potentate's. For that Scot!,aid depeudeth upon, or is a Pro¬ vince Subordinate to any other Nation, and SnbjcHcrl to the Ordinances, ConlHtutions and Municipal Statutes thereof, I fuppofc none will betray the Ignorance or have the Effrontery to affirm. It being a Kingdom thutholdeth of none Save of God, for their Title unto and Pof- fcjfion of their Country, and of their own Swords, under his providential Blclfing and Aid, for the Maintaining and Defending of them. Fortho’ there be a very near and dole Con¬ junction and Union, between the Kingdoms of En'jlmtd and Scotland , thro’ their being under one and the fane King, rather than in the virtue, and force of mutual Contracts and Alli¬ ances:, which I do heartily with may always continue, and that all the fecrct Caballings and Clandcftinc endeavours of thofe, may prove a- bortivc, unprofperous and milcarry, who ci¬ ther from Ancient Piques, perlonal Morofc- nefs, Envy, and ill Nature, or upon any other Motives, Profpects and Ddigns whatfoever, fliall feck to weaken, interrupt, and especially to diffolve it. Yet England t \oth not Challenge and lay Claim to the having any Jmbority over Scotland, nor pretend to an lmpoling of their own Laws upon that Nation, or to a Superviling of fuch Parliamentary Pills as arc pre’ prepared and formed there in order to the being Enacted' into Statutes. But the Scots avc abfolute within themfelvcs, and veiled with a Power underived from any Nation, and in the excrcifc whereof they are accountable unto none, for the making of Laws, and falling up¬ on, and purfuing all fitch Ways, Methods, and Means, which are reconcilable with the Feal¬ ty and Loyalty, which they owe unto their Prince, that may be fubfervient and ufefull to their own Safety and Intereil. And in Teftimo- ny and Evidence of their being a Free St.u c, and a Kingdom as entirely Independent upon Englamljs upon any other Dominion whatfoevery they both can, and do often lay what Cultoms and Impoiltions they pleafe,upon Englijh Pro¬ ductions and Commodities, when carried and Imported thither, to be vended and difpofed. of there. And by a Power Liber cut in ihemielves, which England cannot reafonably difpute, nor lawfully Controul: they fometimes do, and at all times may, Inhibit and Forbid their own People, the buying, uling, and confuming fuch Goods as were either Manufactured in Engl mid y or brought thither by the Engliftfcom theirPlan- tations and Colonies clfcwhere. And as in the Vcrtue of this independent. Freedom, liberty, Previlcge and Right under the Authority and Power of their Kings, they have at all times made legal Provision tor the Government of their People at home, and purfued that little Trade, which they had attained unto with fuch Nations abroad, as were in Peace and Amity with their Princes, without their being queftioned for, or diltur- bed i.11 it by any, lave by thofe that were ( ?2 ) in Hoftility with their Sovereigns, and* that only in Seafons of aftual War; fo they have by a frefli Exertion of this innate Freedom, and inherent and independant Right, lately contri¬ ved and framed a Bill , which they have obtained to be palled into an Aft, and a Lam, r wherein the People and Subjects of that a ComifTra- ^ ding to Afriu and t,es Companies,, for the ejtabliflmetit the ladies, fune 2 6. and. carrying on Trade, with whatfoever 1695. Nations and Countries, or Places in Alia, Prmei tt Eden- Africa, or America, which are either not Anderlon ani^r*- ^habited, or where they have the confent of frlnul dt London, t>,}e Natives, and Inhabitants thereof.\ m- iy John Whitlock, der the Limitation and. ReflriBion, that fnch places are not Previoufly and Ante¬ cedently poffffed by European Sovereigns , Potentates , Princes and States. And moreover, that they may pwide and fttmifl the faid Places, Cities Towns and Forts, with Magazines, Ordinance, Arms, Weapons, Ammunitions and flares of War, and by force of Arms, defend their Trade, Navi¬ gation, Colonies, Cities,Towns,,Forts, and Plantations, and their other Effect;. As likewife, that it flail be Lawful for them to make Reprifals, and to feck ai:i take reparation of Damages done unto them by Sea or Land, and to make and conclude 7 rentier ofPea.ce and Commerce with the Sovereign Primes, Eflntes, Rulers, G ever roars, and Propri - r tors of the laid Lands, }(lands,Countries or Plates in Africa or America. In relation to which Aft, for authoriling the Scots to eftablifh a Fo-reign Trade , and their being empowered to fettle Plantations in the forementioned Pa ts of the World, in or¬ der to the better gaining, enlarging, and pro¬ ceeding (H> teding of it, the few things which I have to offer under this head, lhall be briefly theft. Namely, That as-the Defign o.f EreEling fuch a Trade, and of Planting Colonies in the Subfervicn- cy, to. the Maintaining, Improving ana Exten¬ ding thereof, was not raffilyand unthoughtfiilly Undertaken by thofe of that Kingdom •, fo the M by wiiichin purfuance of that Projection, they ftand warranted to do whatfoever is be¬ fore reported, was not furreptitioufly obtained of his Majefty, nor was he by any undue Artifi¬ ces mifled into the Granting of it. For how much fqever that Nation , might be defirous to have a Foreign Settlement , towards the better en¬ abling them for fuch a Traffck , and notwith- ftanding they fufficiently underftood it to be their great and indifpenlible Intereft, to em¬ bark Vigoroufly both ill ManafaBiire and Com¬ merce, yet their unfucceisfulnefs heretofore in fome attempts of that Nature, as particu¬ larly in the Plantation of Carolina, which they held of the Crown of England, antecedently to the EngliJIi planting there, from which they became expelled by the Spaniards, thro’ want of that protection, and of thofe encouragements which were neceflary to the having rendred them fafe and Prolperous made them proceed flowly and with great Calmnefs and Diicrction, in the Forming, Digefting and Maturating what they have at laft, after an adjufting of all that was Prerequired thereunto, put in Execution. Nor could the King be Surprized into the giving his Royal j 4 ffent to the BUI for the premifed efta- blilhmentfeeing, as they who ferved Ills Ma¬ jefty at that time, under the Cbarathrs of Com. mijfioner and Secretary of State, were perfons as D entirely ( 34 ) entirely in his Intcrefl,and zealous for his Honour and Glory, as ever any have been known to be that filled thofe Polls3 fo there was an interpo- jition of two Years, whereby the King had all the time, an opportunity definable, for the coniideration of the moll Important and Ardu¬ ous Affair, in which he might have informed and Satisfy’d himficlf of the Juftice and conve- niency of what was laid before him, and hum¬ bly defined of him, between the palling of the 3?. Aft of the Parliament, Anno 1693. which invited and encouraged, perfions in general to enter into Societies and Companies, for car¬ rying on a Trade, in any or in all finch parts of the World, as were not in Holtility with his Majclly,and the enafting of that Statute, which was the S Aft of the Parliament Amo 1695, whereby that defign was Perfe&ed and Complca- ted, thro’ a Companies becoming fettled by Law, veiled with the Rights and Powers fore- mentioned, and favoured with fuch immunities, as were ncccllary to encourage fo hazardous and expenlivc an Undertaking, as that was likely to Lc, and will infallibly Prove. And tho' the Grace and Goodnefs of his Majclly, appear’d very eminently manifelted to tha Scots therein, in vouchfafing to have gran¬ ted them the privileges, That none ofthtir Stock and Fffrfls, fail be liable unto any manner of Con- fifciuiom , Seifitres , Forfeitures , Attachments , Ar- refls , or Rcjlraints • that thy may Freight Outlan¬ dish and hind Ships , for the [pace of ten Tears , notmthftanding the Act for encouraging Shipping and Navigation. Anno } 661. And that their Merchan¬ ts the the y have been obliged to pay in Taxes Edinb. * for the Maintenance of Troops : and what they i6;6, have been neceffitated to carry abroad in fpecie , of their Cajh for the purchaling grain , to live up¬ on in thele late years of extraordinary Scarcity find ( J9 ) and Dearth-, which, at the modelled: Computa¬ tion, may be reckon’d to have exceeded Two hundred thoufand pounds Sterling, Nor are they meerly Perfons of the Middle Rank, or of the Mercantile Order, that have contributed and put in their Money for the framing of a Bank in order to the foremcntiou’d Ends; but they of d\\ Qualities and Degrees have, with great liberality and cheerfulncfs, anfwera- ble to their fcveral Titles and Figures , contri¬ buted their (hares to- -that Capital ; and none with greater Alacrity and in larger Proportions than they of the Grand , as well as of the Tetite NoUefs. For none of the greateft Perfons of that Kingdom have had the Folly and Pride to excufe and cover theinfelves from becoming Adiflants to the founding and promoting of T f ade, by pretending it a difparagementto their Garters and Coronets , and below the lofty Stiles that they have by Parchments, which give them an afcendency above Gentlemen. Thefe days of Vanity and Phantafticalnefs are over ; and they of the Sublimtfi Rank do begin to go¬ vern themfelvcs by principles of Reafon and good Senfe, and by Maxims of Civil , Social , and Oeconomical Wifdoin; and not by the airy, whimlical and pernicious Notions of Haughtincfs and Luxury. Yea,even they of the Military order^have fuch of them,as were in a condition thro’ having ac¬ quir’d beyond a naked fubfiftence during thcWar, readily fubferibed and paid in what they could, and would have done it more plentifully, had they receiv’d al] their Arrears; and fuch of that Tribe as were only Subordinate-Officers , or private Centi- ffc/r,vvhoare now reduc’d or disbanded,thatcould D 4 .nor ( 4 ® ) not bring in Oolh'oA Silver to the encreafing of phe Fund and the augmenting of the Capital ■, yet they hare with great forwardnefs offer’d their Bodies and their cold Iron to the Corporation and Company, for the protefting of their Traf- fick, and the defending of their Plantation a- gainfl all fuc.li as ffiall become their Enemies and Aflailants. And how dangerous foever Men of that Predicament may be to their Country, when kept i;i too great Numbers regimented at home; mid how altogether ufelefs they are unto it, while they bear Arms under Foreign Princes and States abroad; yet they are as capable as any other whatfoever of being fcrviceablc and profitable thereunto,when employ’d in the Ways and Methods to which many of them luve be¬ gun to betake thcmfelvcs. Of whom it will be no preemption nor vilionary Dream to add, That as they do account their Wages, Salaries, and Pay, to be their Eftates; fo they reckon their Swouls and Mufquets to be their Title iiiiLo it. In brief, there are few Perfons, Families, or Orders of Men, tlut are of any Conlidcration or Ellceiii, bm: who are become afTociatal, uni¬ ted,- and confederated, in this Project, Entcr- prife, and Ddign. How much diftant or diffe¬ rent loei-er Perfons are, cither in their Religions or their Political Principles, yet herein they do all of them amicably agree and combine: Nei¬ ther the Bigotry of the Frcslyicrians, nor the re- lentmcnts of thole of the Dioccfm Pcrfwallon, for the unkind and ill treatment, they have met with, do in this make any variance or difeord between them; but herein- the Wolf and the Lamb do tamely meet together, and the Leo- ( 4i ) pai d and Kid do peaceably aflemble as in one Field. Nor dociiofepreat Animoiitics, or late Hoftilitics, wlm.h have been between one ano¬ ther, about Rights and Claims to t he Soveraign Authority, and the Royal Jnriiclicton, occafion any mifuiiderllanding or oppofite Sentiments in this, but both the Jacobites and the IVilliamites do (licw thcmlelvcs equally and alike concern’d in the promoting ol a National 1 'rade, and the feeling of a Foreign Colony. And, which is of very material eonfideration, it deferves to be obferv’d, That bcfidcs what fcvcral Perfons have in their private Capacities Subfcribed to¬ wards that Capital, not only molt of all the Corporations, but the Royal Burroughs of the Kingdom, have become lharers therein, and contributed liberally thereunto, out of tlicir Public Revenues. From all which I may, with great fafety, as well as with decency and modefty, venture to lay open and infer, how Mortifying, JflUcHvc and Grievous it will he to that whole Nation, to be difionrrgd and fritjlmc.i of Pmc'dion from the King, of whom purfuant to the Ji! and Pa¬ tent which he hath granted them, they expected to be countenanc’d, animated and detended. Nor dare they entertain fuch difrefpeclful and undutiful thoughts of His Majcfiy, as the Pro - i l.mt.nlutis emitted by His Governors over the Btg- !ijh Weji-India Plantations might feem to give oc- ciliou and umbrage for. Seeing as they have not, by tlicir fctling at Darien, invaded the Te>ritorie< of any European Prince or State what- foever, nor luve been injurious to the Natives, in Planting iliac without their allowance and con- lent, not in any one particular or circumftancc, have ( 42 ) have exceeded the Limits and Regulations pre- fcrib’d unto them by the AH of Parliament , and the King’s Charter , as (hall be fully and uncon- troulably demonftrated in what is to follow: So they have a more engraven and firm belief of His Majefty’s Mercy and Juftice, than to give liberty unto themfelves to think, that His Ma- jefty’s Subjects in the IVcft-India Plantations , de¬ pending upon, and fubordinate to England , (hould by an Order, Command, and Authority from the King, be charged and required to hold no Corrcfpondcnce with the Scots, in their Colony at Darien; nor to give them any ajfiftance with Arms, Ammunitions, Provifions or any thing elfe whatfoever. For as much as this is not only incosfiftent with, and irreconcilable to his Majefty's Goodnefs, Wifdoin and Righteoufhefs; but directly repug¬ nant to the exprefs Words, Terms and Claufes of the forementioned Statute j by and wherein liis Majelly royally and folemnly promifeth. If any of the Ships, Goods, Merchandize, Perfons, or other Effects whatjotver, belonging to the Scots Corn- par, y^ trading to Africa and the Indies, fttall be ftopt, detained, embezled, or taken away, or in any fort prejudiced or damnified y that he will interpofe his Authority to have Rcftitution, Reparation , and Satis- f.Elion made for the damage done, and that upon the publici charge, which his Majefly jhall caufefdisburfe and lay out for that t fell. So that thro’ what arts, and what means Ibever, thefe Proclamations are come to be emitted and publilhed: Yet the Scots neither do, will, nor can entertain any o- ther thoughts of his Majefly , than that he will carefully and powerfully cover and protect them, inftead of abandoning , them to the rage and power of fuch as may become their Ene¬ mies, (4?) mies, without the giving them aid, fuccour and affiftance. And in place of giving room to any fuch fmifhous opinion, as if either his Majefty could be indifferent, or meanly con¬ cerned, in countenancing df that Nation in aii Affair of fo great an importance, and that is fo eminently fublervient to the profperity and happinefs of that Kingdom, or become alienated and disinclined from upholding and defending them in the pofTeffion of their Plantation of Darien, they are tempted to give credit to a paflage in the Paris Gazette the firft of Anguft, 1699. Namely. On avoit avis , aid on envoys dcs erdres auxComandant s dc toutes Its Colonies Angloifes de V Arneriquc, d' ajjiftcr P EJiojfois dP Arien dc tout lenr poiivoir , commc tftnnt fujecls du mefme mal- jlre. That the King hath fait Orders , to the Govir. nours of the EngliTh Plantations in America to ajftft'tke Scots at Darien, with all their Power , they ■ being no lefs his .Subjects than they are. Nor can it be unmannerly or unlawful to add, that it is of the laft: danger to a Prince, to ad- minifter caufe and occafion to a whole Kingdom, to grow eftranged iu their alfedions unto him, and to depart. from their zeal for his fervice. And it may with confidence be affirmed that his Majefly\ treating the Scots in this manner, either unkindly, or unfuitably to the hopes wherewith they have' ted tliemfclvcs, is like to have thofe effects and operations upon the hearts and minds of molt of that people. ’Tis abundantly difeovered in Hiftovies how it hath often proved' unlucky and of ill confcquence tp Sovereigns, to have difobliged and difpleafed the generality of a Nation, tho’ but in a trifle, and that it hath been very ratal unto them, to ( 44 ) di {countenance and thwart their Subjects in that wherein they placed their fecular Glory, and their temporal Happinefs. Nor have the Ties and Obligations upon the confcicncc of .SnbjeBs , been at all times found fufficiently powerful, to prefervethem in difeharge of Du¬ ties of exact Fealty and Loyalty; but thefe bonds have been eafily broken, and dilfolved, when ground hath been given, for the thinking and believing, that their wbrldly Interefb hath not only been neglected, but oppofed and facri- ficccl 1 And it is in vain for a Prince to rely upon his Pcrfonal merits, or to trull to his own Confucminnfncfs, of what lie hath done in deli¬ vering a People from former diltrefles: Seeing thefe will be found to afford him a very weak and [lender fecurity, againlt the ungrateful and ill nacured refentments of a people, that fliall account themfelves abandoned, or croffed in what their prefent Genius, Humour and Biafs, do nniverfally, fway, carry and determine them unto. Nor is it credible that his Majefty who is a Prince of great Wifdom and Jultice, would have order’d thofej who Govern under him, and by his Authority,in the Weft-Indies , to emitt and publifh fuch Proclamations, without his vouchlafing to have it told and reprefented to the perfon Conflitutcd by himfelf, for his Scots Secretary, and who is Relidcnt at his Court un¬ der that Character; feeing as that would have imported fuch a Contempt, as well as a Neglect, of his Kingdom of Scotland, that none without rendring themfelves Criminal, can conceive his Majefty capable of being milled into it, fo it is fufficiently obvious to all thinking men, what the ■ ( 45 ) the Scots Secretary hath made himfelf obnoxious unto, if in cafe of his being made acquainted with it, he did not difcharge the duty incum¬ bent upon him by his Toft, both towards his Majefty in endeavouring to divert him from run¬ ning into fuch meafures and in his informing thofe of Scotland (to whom he will defervedly find himfelfaccountable,)with it, whofe concern it was to have it prevented. Yea it is fo incon- fiftent with all' the rules of Prudence and Ju- ftice, as well as of Honour, that nothing in Bon Qnixot, or Amadisde Gentle can be more Romantick, than that his Majefty fhould fome Months after the Orders muft have been trans¬ mitted to the Weft-Indies , for enjoyning and and authorizing the forementioned Proclamati¬ ons, have Commanded die Lord Preftdent of the Scftons , and my Lord Advocate to come from Scotland and attend him at his Palace here, in order to fatisfy him of the Legality of the Scots proceedure, had he been confcious in him- felf, of having Empowred the Englilh Secretary Mr. Vernon , to convey fuch Inftruftions to the governing Magiftrates in the Englilh Plantati¬ ons, as the Papers emitted there under the Ti¬ tle of Proclamations , would perfwade us they are warranted by and bottomed upon. Nor in the cafe which I have now under confideration, will the Scots reckon that their Loyalty to his Majefty , and their Zed for his intcreft and Service, were either eftccmcd or re¬ warded, as they flatter’d themfclves they fhould have been .• For their having not only furnilhed him, with fo many and fuch brave Troops, during the War, and for their preferring fnovv meerly to pleafe and gratify him) fuch a Num- ( 46 ). ber on Foot and in Pay, and that notwith- ftanding both the Poverty of the Country, and the great Scarcity that for divers years it hath groaned under, when their Neighbours have not in proportion to their extent of Territories, and of their Opulency, thought fit to continue near theQuota of Forces, which they have done* but efpecially becaufe of their having,, fo readi¬ ly at firfl: Decid ed him their King, when the bare delaying, and the demurring only unto it for a little time,would have gained them fuch Conccf fmu from the People of England, that would have made their looking after a Plantation of their own Ncedlefs, or at the leafthave brought them into that Conjunction, with the Englijh Nation , as would have engaged the whole ftrength of that Powerful, and Wealthy Kingdom, for their defence and fupport in the Colony, which they have begun to fettle. j Nor can it be undecent or immodeft to! add, that the Protecting them in this under¬ taking, is the rather expected from his Ma- jefiy , leaft otherwife they fhould have occalion to complain of the Prejudice, they have recei¬ ved by the Revolution, with refpeft to their Trade, inftead of reaping the advantages which they had thereby promifed themfelves, in that as well as in other things. It being known to diverfe, that a propofal and Plan having by fome Scots men been laid before King James , for the obtaining his Authority, as well as his countenance, for their fetling a Commerce in Africa and the Indies , how kindly he not only received it, but with what both goodnefs and readinefs, he referred the confideration of it to my Lord Middleton , my Lord Melfird , ( 47 ) Mr. Venn and Mr. Berkley , that upon their opinion of the Juftice and Equity of it, (who were all known to be , entire favourers thereof) He might by his Royal Charter and Patent, have empowered the Scots , to have proceeded in the Eltablifhing of it} and which nothing could have obftrutted, had not the Acceflion of his Majefty, who was then Prince of Orange, into England, at that time intervened. But to proceed unto that which doth in the courfe of Method, next offer it felf to be laid open and Difcourfed of, namely the Situation , Nature and Conveniency of the Place, where the Scots have pitched their Tents, and are about eftablilhing there Plantations , which is called the Ifthmiis of Darien , and is a Country very fit and proper for that purpofe, as well becaufe ofthe Ricbnefs of the Soil,as by reafonof its Situa¬ tion forTrade.lt is the.Narroweft part of America, and lieth between theAVt/jer»and Southern,or the Jtlmtick and Pacifick Oceans , and is Juftly called an Jfibmits , as comprehending where it is broa- defb not above two degrees, (viz..) between eight and ten N. L. and where it is narrowed: about but one degree. And it is in all probability ftiled the Jfhhmtts of Darien , from the great River of that name, where with the Northern coaft is bounded to the Eafi. For beyond that River on the North fide , the land doth fo fpread to the Eafi and the North-Eafi , and on the South fide , to the South and Somb-Eafi , that it can no farther be called an IJihmus : But as to the narrowed; part of this American Iftimus , which as I have faid, doth not extend above one degree, upon which the Scots have Set led their Colony, and have appointed that the Coun¬ try ( 4 «) try (hall hereafter be called talidonia, and that tbcmfclves , Succejfors and Afiociates, {hall be ftiled J«AVa- by the Title of Calidonians: Wafer doth aflign foi Kfi® f or j ts Wtflmi limits, from the Mouth of the defcriptkn Rivcr ® ia Z rr -> where it falls into the North Sea , tj skjfil- to the ncareft part of the South Sea Wefiward K„scf i\- of Panama ; and for its Eaftern boundaries, from ir.r:ica.; . point Gdrachma, or the South part of the Culph 45 ‘ of St. Michael, dire&ly Eaftward, to the fore- mentioned River Darien : And all do know, tImc it is circumfcribed, limited and bounded, on the North and South, by the two valt Oceans that are fo. Denominated. And as to the par¬ ticular place, where the Scots have pitched their Terns and raifed Fortifications , it is upon a Har- hoirr , called by the Spaniards Acla, and by the Natives Sthcana, and is one of the moft Df* fenfil’lc Ports of the World, and is Situated a- bout two Leagues from the Golden Ifland, ailed by the Spaniards Guar da, which as it is not fur¬ ther Difianced from the South Sea , than what any man may Travel in nr o or three Days, and which the Natives can do in one : So it lieth in a Nearnefs of Eight or Nine Leagues , both to the River Darien and Conception , upon which Roots may go to the Southern Ocean. And as the weather in the place, and on all hands where the Sms are fetled is exceeding temperate, being much the fame that is in other places Oi the Torrid Zone of that Latitude , but inclin¬ ing rather, as W.tfc-- lays, to che wet extreme, the Rains beginning ufuaiiy ia April or May , and continuing more or lei's to the latter end of Attgnfi, but with intermixtures even then of fair and el>y d r\s for a week togetherSo that the Country, is healthful beyond what was com¬ monly ( 49 ) monly believed, or could have been imagined unlefs experienced. And tho’ the Artificial productions of the Diltrict and Territory be few byreafonof the doth and unskilfulncfs of the Natives to cultivate the Land, and to im¬ prove andfabrick what it yields, yet the ground is unconceivably fertile znA rich, and might by being well Manured and Jgriculted , afford both as great Variety and as great Plenty, for the comfort and pleafure, as well as for the Ne- ceflities of Life, , as any Land in whatfoever part of the World doth. However the Natu¬ ral Produtthms, and what it fpontaneoully yields, as materials of, and commodities for Trade, and to enrich fuch as are, or lhall become en¬ gaged and Interefled in the Traffick, are divers and great, both in the variety of kinds, and in the Plenty and Quality of them. For be- lides its being ftored with all forts of MW, S r for Building and Wainfcotting , and par¬ ly with Cedar, it hath alfo abundance of white wood , fit for Cabinets, and Interlaying, and which is more than all the other, It 'is likewife plentifully furniflicd with Logwood, which the Engliflt do now cut upon the Bay of Hnndem , not without being expofed to great hazard and danger j and (if credit may be given to reports,) it is provided of N.caragn* wood, which is a Commodity for Dying of that value, as_ to be reckoned to approach to the worth of Cochenilc ■, and which is beyond all other pro¬ ductions whatfoever. It aifordeth both Silver and Gold Macs, as well as large quantities of Gold Daft , that is gathered out of the Karrs, ' after that it hath been wafted from the Moun¬ tains by violent Rains. And then for the Pm- E f le, ( 5 ° ) p!c, they are open, frank and good natured, and for many Leagues round in ail entire Fricndfnip with the Scots, having not only re¬ ceived them in a moll obliging manner, at their firft arrival into thofe American parts, and their Captains, Snprcamc Leaders, or Caiques, who have neither depeudancc upon-any other Prince or State, nor upon one another, five by Leagues for mutual defence, readily and with great chearfulne.fi, conformed and agreed to permit the Scots to fettle among them, and to become Inhabitants in their Country but have by ffiptilations and contracts lince, Joyned in a Con¬ federacy with them, for the defence of them and their Colony, againft all fuch as {lull in time to come be their Enemies. So that for Situation, as the Conned con (lit tt- tcd. by the Indian and African Company of Scot¬ land, for the Government anddircBion of their Colo¬ nies and Jcitlcmcnts in the India, have pnblijhed in their Declaration bearing dale, at neve Edinburg in Caiidonia December 28.1698 , it is a more con¬ venient Place than any other in ail America, to be the Store-bonfe of the irnfearchable Trcafitrcs of the fpacions South Seas, the door of Commerce to China and Japan, and the Emporium and Sta¬ ple for the Trade if loth the Indies. And as it is there that the Scots have fettled a Colony and ?Ai«Muw,by and with the confent of the Na¬ tives no European Prince or State being there¬ of polfelfed, or having right of claim there¬ unto j fo they did not offer to enter upon that Difteitt and Territory, without the having a particular and ftricl regard unto, and con¬ forming euaclly with all the Regulations, Pro- vifi’s, ' 1 id down and prdcribed ill the Acl of Parliament, and ill his Majefty’s patent, and the having ferionfly Coniidcrcd and duly Weighed, wlntfocver could be pieceudcd or alledged againtt them, upon their proceed¬ ing to eftablilh a Colony there. For the exa¬ mination whereof, they allowed them I'd ves fuf- ficient time, in that tho’ their Subfcriptions were perfefted and compleated, about the be¬ ginning of the year 1 696 ■, yet they did not fend their Ships from Scotland, untiil the Month of July 1698, which arrived not in that place until November following. And as it is not only hoped, but morally certain, that great advantages of attaining un¬ to Wealth, Power and Honour, will thereby accrue and be adminiftred to Scotland fo it might eaiiiy be Demonftrated, that very conu- derablc Benefits, will infallibly Redound from thence unto England, and that both in times of Peace and of War. Seeing as it will be a means, whereby in a Ihort time, a compendious Way and Eajfagc for Trade to China, J.as well as to the Eaft-Indies, may be obtained and rendred fecure, whereby the Englijh, will be¬ come qualified and enabled, not only to outdo the French, who begin to Rival them inTraf- lick to the latter, but to equal the Patch, who do at prefent far exceed them in it: So by the convenicncy of the Scots Caledonian Planta¬ tion, both a great quantity more of th tMamt- fafliires of that Kingdom , will come to be ven¬ ted in all the Eafit parts of the World, as well as in the Spamih Wcfi-Indian Provinces, and the expence made lei’s, and the returns much Speedier and Surer, to and from the latter, than they arc, or ever can be, by the ’way of ( 5 2 ) Cadiz and Malaga. And as for the Englijh Plantations in America, they will not only have larger and more advantageous occafions, of Trading into the Spattijh American Colonies •, but the very Scots of the Calidonian Plantation, will will take off and confume abundance of their Commodities and Productions, efpecially theirs of New York and New England, for which they will pay in Gold and in Silver, and fuch valuable Goods, as the Mines, Rivers, and Land of Darien do yield and furnifh. And fhould a War at any time conic to be between the Kim of Great Britain and of Spain, as who knoweth what may hereafter fall out, Cdid.onia is and will in that 'cafe be found, the belt Situate place of any in the World, from whence and by means whereof, to do Hurt and Prejudice to the Spaniards, and to yield fervice to his Britannick MajeSty, and give his Subjects oppor¬ tunities of enriching themfeives. Seeing the Scots Colony there, will prove to be not only Tofted , in the middle and boforn of the Spa¬ tiijh American Ports for Traff.ck, having Carthage- na on the Eajf,Porto Bello on the Weft, and Pana¬ ma on the South ■, but will be found to Hand Si¬ tuated in the direct way and pallagc, that their Biotas, Galleons , Ann ados and Annad.il ds muft go and return to and from Mexico and Pent. Nor oil the fuppolitioii of fuch a Hollility a- riling between thefc two Crowns, as 1 have mentioned, will the Engl.jh meerly have a larger, better and more Fortified H.vdmaa for Ships, either of War or .Commerce, than any of their own Weft India Flam anions do afford ; But they will have one to Receive, Cover and Protect them, that is nearer and more adjacent by a hundred ( 53 ) hundred Leagues to Tom Bello and Panama, than Jamaica ; and by above three hundred than Bar- badocs, which of all the Englijli Jerrican Colo¬ nies, are the leaft affianced from them. But feeing I Ihall have occafion to difccuvfe more fully hereafter, of the benchts and advantages, which will accrue to the Crown and Kingdom of England , by the Scow having fettled in Da¬ rien, and how much upon that account, it is both the Intercftof the King, and ci t\\c Englijb Nation, that they fiiould "be maintained and defended in the poflcfion of their Plantation at Cali deni a •, I hull therefore inilit no more. upon it under this Plead, but adjourn what is to be further reprefented, and argued to the foregoing purpofe, until it will lie more naturally before me in fome other Para¬ graph. That which I am then in the next place to advance unto, is to Jiffiifie and Prove beyond all poflibility of any rcafonable Reply, that the Scots, by their dtablilhing a Colony on the Ifthmus of Darien, have made no Inraflou, upon the Rights or Dominions, and Territories of the King oi Spain, nor have therein Tiled contrary ei¬ ther to the Laws of Nations, or to any A r.i Us of pnUiik Treaties, that have intervened, or have been Confertcd, Accorded and Stipulated, be¬ tween the Kings of Great Britain, and thofe of Spurn ? Tis true his Span.fl Majcfly, hath by ieveral Memorials delivered by Ids Minilters to his Britanniek Majcfly , or to his Secretaries of State, reprefented, remonftrated and com¬ plained, as if the Scots, had thereby made an Inj]\icliou of the Peace, between the Covens, were become guilty of an Inflit and Attempt againlt E 3 his ( 54 ) his Catholick Majefty, and that by fettling a Plan- j tation in that place, they have polled them- j feives, dans les Sonvcrains , & Ic fins Interienr de ccs Bemad lies Je /.< Majeftc , In the Sovereign and moft Inward Territories of and belonging to his Spa- aft) Majefty. And as in cafe that the matter .'rood as it is rcprefented,-and as the complaint doth import, the blame thereof, ought to be wholly and entirely imputed unto and charged upon the Govcnioirrs and Directors of the Comfimy ere&ed for Trading to Africa and the Indies, and no ways either in the Injury : that is done, or in the clamours and accusati¬ ons which arife by and from it, to affect his Britamtitk Majefty in his jufbice. Veracity and ; Honour ■, lo it would be both requifite and ne- celfary, on the foot of Rightcoufnefs, as well as of Truth, that full reparation fliould be made to bis Catholich Majefty, if the Fact of the Scots , in planting on the Iftbmns of Darien , were dif- agrcable to Royal and National Treaties , and a forccablc feifure, in times of Amity and Peace of the Lands and Demalnsof that King. Yet I hope, it will not be accounted Rudcnefs or In- folencc, in me to fay, that it is both expe&cd and demanded, that none will difeover and be¬ tray themfeives, to be pciTons of fo little Pru¬ dence or Equity, as upon the tingle credit, and alone evidence oiMcmoria.lt to fubmit unto, and to Mer, their being either furprifed, or wheedled, or menaced and hectored into a belief, that the fettling the aforefaid Colony, in the place above-mentioned, is therefore In¬ jurious and Crinvnaiin the £.<*•, and to be rec¬ koned an Invafion upon the Sovcieicn Rights, ?.ncl the Lawful Dominions of the King of ( 55 ) . Spain,, meetly becaufe it is alledged and affirmed by his Miuiftcrs and in his name to be fo. And I do reckon my fclf fully warranted, in the requiring and exacting this of every man, who detires to efeape the cenfure and reproach of being Imprudent, Partial, andjniquous; in that it hath very often, and upon frequent occa- lions,been the cuftomand praftice of States,Prin¬ ces and Potentates, to vemonftratc and complain of the proceedings of other Rulers, Governours and Sovereigns,and of their fevcral and rcfpective Subjects; when all that hath been offered, at¬ tempted and done by thofe who have been thus applyed and addrefl'cd unto, and complained of, hath been Lawful, friendly, Honourable and Jnffi, and only accounted inconvenient at the Seafou, or held to adminifter ground of jea- loulic and Fear, that it might in the future, be prejudicial unto fitch who were the Com¬ plainants and Remonftrants. And as no Po¬ tentate or Court in the World, hath oftener and more clamoroufly, betook themfelves unto this Method, than they of Spain have done, in reference unto, and behalf of what they ua- reafonably challenge, and would have others be fo weak, as to allow them a Right unto the IVefi-lndics fo they have commonly, in the iffue and event been made to underftand, that they had no Pleadable, Valuable^ and Juftifia- ble reafons, grounds or caufes, for their Re- moiitiianccs and Complaints. Whereof as the Hiftories ofall Nations, are full of Examples, and Inlhnces, fo our own are not barren and unprovided of them. Unto which as I Iball confine my felf, on the motive of the Brevity, E 4. that ( 56 ) that this difeourfe is dciigned to be of; fo I ' fhall only aflign a few out of the many that might lie enumerated. Whereof, the lirft fhall be, the Behaviour and Anfwer of Queen Eliza¬ beth, during the time of Amity with Spam, and before there was any rupture, between her and Philip the Second, upon a complaint againlt one Captain Parker, made unto her by the Spauip A'fiwjlcr, who rclided at her Court,un¬ der a publick Chara&er ; which I do the rather mention, becaufe it relates to fomething that fell, out at Darien , where the Scots having ta¬ ke!! the freedom to fettle, and to cltablilh a .Plantation, is made the ground of tht Memo¬ rials prefented lately to his Majejly by the Spanijh Ambaflador, in the name of the Catholick png : For Captain Parker having in the year 156s, Sailed from England. to Darien, and be- •gun to manage a profitable Trade with the Natives, the Spaniards, who have been always Jealous of, and ollended at any other Europe¬ ans corning into, and Trafficking in thofc parts of America, came with Armed Ships againlt him, and after having threatned, to make prive of him, and thofc that were with him, unlefs lie would immediately depart, upon his refufal to do fo, they attempted it. But Parker being . a gallant man, and being likewife affifted by the Natives, he not only beat the Spaniards that afiaiilted him, and took one of their Ships , but . alfo plundrcd a place called Ca.jlcl Dolor a, for all which he was both commended and jufti- ficd by the Queen, notwithftanding the Com¬ plaints and Remo-jkivices of the King of Spain, by his Ambaflador. Where- ( 57 ) Whereiinto maybe added, that famous and remarkable tranfa&ion, much about the fame Seafon, between Oueen Elizabeth and Philip the Second , in relation to Captain Drake, who having in a time of Peace, betwixt the two Crowns, been feifed by the Spaniard i, for Trading in the Bay of Mexico, and who thereupon, having been allowed by her Majefty, to make himfclf reparation and fatisfa&ion, for the Wrong and Dilhonour done to her, as well as for the Lofs and Injury, which he had Suftaincd,. failed to Boco Eero, where being lhcwed t.he South Sea, and alfo aflifted by the Native Indians, who had War with the Spaniards, he took and plun- dred feme rich Spanijh Veflels, at St. Lazarus d.c Chaora. Of which Bernardino dc Mendoza, who was then Spmiift Ambalfador at the Court of England, having by a Memorial which he prefen ted to the Queen, complained as a great Aft of Depredation, committed by Drake upon the Spaniards in the Weft Indies, and thereupon demanded reparation of the Lofs and Damage, which his Mailers Subjcfts had thereby undergone, he was anfvvercd by the Queen almoft in the very terms, and directly to the purpofc following. Namely, That .is the -QCm- Spaniards had drawn thefe Jnconvinicncies Mifchiefs upon themfelves, by their fever c and !‘ jufi dealing with the Englifh in their American .vcDim. Commerce, and their Trade there with the Natives, 1565. fo JJ 1C did not under ft and, why cither her Subjects, 'or thofe of any other European Princes, ftonld be debarred from Traffick in the Indies. Unto which as Jhe did not acknowledge the Spaniards to have any title by the donation of the Bifhop o/Rome', Co [he knew no right they bad to any vlu:u thcrefcfdes thofe ( 5 *) that they were in a fatal poffeffm of • Seeing their having touched only here mid there upon thofe coafts given names to Rivers, or Capes , and pofftbly built a few Cottages , were jack infgnif.cant things , as could no ways entitle them to a Propriety, further than they were actually fettled, and continued to inhabit. And therefore, that as all their claim •unto other Parts , Places and Countries in the Weft Indies, was only Imaginary and Chimerical ■, fo it was thereupon Free , for other Princes and State ;, and their refpeBive SubjeBs,without the leaf Breach , or Violation of the Laws of Nations, both to Trade and Tranfplant Colonics, into all fitch American Diftricts and Territories, where the Spaniards did not inhabit. And that as all pretence to a right to any Country there , otherwife than as they were toffejfed of it, is nothing but a vain and unjnjl 'Vfnrpation , which makes no foundation , nor gives any night by and according to the laws of Nations, for a limited and refrained claim , in and over thofe Countries •, fo it is as lawful for any other Nation , as it is for Spain, to Navigate that rafi Ocean, without being inhibited , obfrueted, or there¬ in Diflttrbed •, in that the life of the Sea and Air is common unto all and emery people whatjoever , nei¬ ther Nature nor enfom having given or allowed , po/fcjfon or Propriety thereof, to any one particular Country of the World) Predufve of others. But tho’ this that I have here reported maj very rcafonably be counted enough to have been laid under this head, as being fo full, as well as pertinent, for fhewing how little reafon and caufc there may often be, of Judging baftily, conclufivcly and prcjudically ot' the proceed¬ ings and Fads of the Subjects of any State, or Soveraigu, meetly becaufc of complaints exhibi¬ ted ted ill Memorials by the Ambajfadours of other Princes , ftiling and reprefenting what hath been done by them, under the Characters of beiili 1 violations of the Laws of Nations, Inva- iions upon the Territories and Jurisdictions of Potentates, and Infractions of publick Treaties and Alliances •, yet I (hall not reckon it cither fuperfluous or impertinent, nor will the reader I hope think it tedious, to have one Inftance more fubjoyned, that was of a parallel nature, and to the fame purpofe and upon the fame occalion : which as it veferreth to a Memorial of the fime importance and kind, with thofc that have been preheated lately to his Majcfty • fo it was one delivered into a King of great Britain by an Ambajfadonr of Spain in the name and in obedi¬ ence to the Command of his Mnftcr. Whereof | the Story in brief is this: Namely that in the ■year 1629. being after a Rupture, and during the time of a War, between the Crown of Great Britain , and of Spain, divers of the Eng- lilh Nation, finding the Iflamis of Catclinc and Tortuga unpolMcd and empty of Inhabitants, did thereupon feize and begin to plant Colonies, on them, giving to the former the name of the JJland of Providence , and to the latter the name of the JJland of Ajfociation. And which they continuing to inhabit, and occupy after the eltablilhmenc, of the Peace betwixt his £> itan- nick Majcfiy^ and the Catholick King^ Anno 11530. the Spaniards became thereat offended, not on¬ ly becaufe of its being an extending, and an enlargement of Englifh Settlements in America , but by reafon of the nearnefs of thole lilands to the Spanijh Weje-Jndia Colonies , particularly to thofe of Cuba and Hifymlola^ and according- (6o) ly complained thereof to King Charles the Firlt, i by their Ambaflador; who tho’ he was a Prince [ both of thofe Morals and Politicks, that he; would not countenance, the lead: thing that was unjuft, and Illegal towards and againft any, and much lefs in relation to Soveraigns and Potentates, with whom he was in Leagues, and Alliances, ncverthclefs he gave in Anfwer to the Laid Complaint, that his Subjects having • found thofe lp»ds, both unpoflcllccl by the Spa¬ niards, and uninhabited by any other people whatfoever, had thereupon by the Laws of Na¬ ture as well as of Nations, a Liberty and Right to fit down and to plant there. And that they ; ought not to be therein Obflructcd or hindred, ■ either bccaufe of Jealoulies, which the Spaniards i might entertain, on the foot of thofe Illands ; being fo adjacent to their Territories, or by; rcafon of any apprehenlions they might have,' that English Colonies there, would prove after¬ wards inconvenient, and prejudicial unto them. In which Anfwer the Spaniards were fo far forced to acquiefceat that time, as not to reckon that Fact of his B/uannck Majefly’s Subjects to be any Infraction of Alliances, or a Rupture of the Peace. Tho’ I mu ft withal! add, that upon the ariling of mifunderftandings between King Charles the Firfi and his People of E;glm! , and upon his Subjects of Scot land running into Re¬ bellion, the Spaniards made thofe advantages, of our quarrelling here at home amour rieli k CUO 0111 ' fclve ?> toaflaultthe Englifh iit cdiiubl.. ’ Anglia; both the fovemeutioned fflauds^nd were uiifci contra HiVpa- therein fo foccefsfui,’ aV.firft to drive ros jnfta clTc dc- them out of Tortuga, A-u:o and inonftratur : Edit. 8 f renyar{ J s 0llt 0 f CltdiiK Am 1(5+0- Load. litf. In (6i ) In the attempt whereof as they acted againft all the fficafures of Law and juftice, and to the higheft degrees of cruelty and barbarity in the execution of it, fo it is too well known upon whom both the blame and Infamy are to be charged, that thofe Invafions of the Spaniards upon the Rights, Properties and PolTeflions of the Etglijh, were not Revenged as they defer- ved, and as they undoubtedly would have been, had not King Charles been diverted and hinder’d from it, by the unhappy differences, which fprong up between him and his People. Having then done, what I hope will be judged fuflicient to obviate and prevent all raifconfmiftions and finiftrous thoughts, which might othenvife have rifen in the minds of any, by reafon of the late Memorial pvefented to his Majcfiy, I do reckon, that 1 have there¬ by paved my way, towards an examination of the F.iFv of the Scots Company, in their fet- ling at Darien, whether it ought to be ac¬ counted illegal, and unjuft, contrary to the Lam of Nature and of Nations, and to iutcr- fer with folemn Regal Suphtions ? or whe¬ ther it may be eftcemed Lawful, Righteous and Agreeable to all the rules and rncafures of VVifdom, Amity and Juilice f as that I may now apply and addrefs my felf directly and elofely to it, without finding the forementi- oned Rcmorflratices, to remain an Impediment and obftrudion in my way. And as an In¬ troduction thereunto, I cannot but both ac¬ knowledge and commend, the Fair, Honoura¬ ble and Friendly proccedurc of the Caholick King, in that lie hath by lie,aerials, given in to his Eritamck Majrfy, chofeu to alien his pre- (60 pretentions and rights in an Amicable way, and fo affords an opportunity, that the whole World may be fatisfied, on the Foot and To. picks of Reafon, Cnftom and Law, that neither, the Act and Patent, which the King of Greg Britain , hath granted to his Subjects in Scotland are any ways either difagreeable to Treatia with Spain, or diffonant from the received Max- 1 ims of Equity and Juftice, by which States; and Princes do govern themfelves, in their Publick and Political actions towards one and: other; Nor that the Scots Company, have either' exceeded the limits preferibed unto them, ini the Statute and Charter , by which they areau-j thorized to Trade to Africa ani the Indies, and! to cftablifh Colonies and Plantations there, or that they have done any thing prejudicial unto : and Invafive upon the Rights of Spain. For; hereby inftead of putting the decifion of this | great and important affair, upon the Strength ! - Power and Succefs of Arms, and the verdifi! that fhould refillt from HofKlity and Wav; it is placed on the amicable foundation of Rea! fon, Alliances and Laws, and made adjudge-' able in the Cabinets, and at the Councel Boards, of Princes, and not immediately referred to' a determination, by Fleets and Armies on die j Ocean and Continent. And therefore that this matter, may be fet and reprefented in the belt and cleared light, for an amicable adjuft- ment, and compofure of it, between his Brit- tanick Majefty and the King of Spain , I lhall in order thereunto, propofe "and lay down, fomc things in the way of fo many Fremife: , which which fhall carry that intvinlick certainty and evidence in them, as to rcfemblc and be of ( 63 ) the Nature of PoftuUta in Mathmatich , and which fhall be found as undeniable principles, in a difcourfc that is relative unto, and con¬ cerning right of property in a Country, as the other are acknowledged by all men to be in ' Geometry. Whereof the firfi is this, namely, that the Original, moft Ancient, and that which is by . ail Civilians , confefled to be the ground and , foundation, of the uncontrovertible Title and ' Right of any people, to this or that Country , , is their having been the Primitive Occupiers : and Pojftjftrrs of it. Oi:od e-nim eft Nuiiins , per , nccupationcm acquiritar cjtts Dominium , fay all Civilians. For while the greateft, or any part - of the World, lay wholly Void and Vzhilubitcd, ■ and for the Occupation whcrcofjno formal Divi- i lion had intervened, and been agreed upon, by j thofe who emitted Colonies for the polMing and 1 planting fuch and fuch parts of the Earth, afiig- j ning to every one of thofe-Colonics, there feveral i and refpectivc partitions and diftricts; in that ; cafe the right of Title unto, and ot Property ’ in fuch a Country, and place became, prim! - poftclcmis, bis or theirs rrbo ir ere the ft;-ft ,ucci:picrs P 1 thereof. Tis taken for a dictate of Na- vi 1 ture, and is that which the Univei fal ration m of Mankind conducted them unto, in the iirfc '!■ I and feparated divifion, which was made of this l habitable World, fo far as it was void and mi- ; inhabited, lit quod quisqtic occupr.Jfct^idptcprium f habcrct, That whatfoever any came alhtaiiy to pc ft q [ efts and occupy, thereof they ftmld he achtctdccged to have the propriety. And as Cicero long before • our late CmV/awcxprelfed it, Ouod caique ebu- WT, id qitipjiic tctteaij Wbcrcfocvcr any mans im ( 64 ) falls to be the firfl pofifiiffbr, that he hath a Legal claim thereunto. Which polfeffion or occupation as tliey are not accounted to ftand acquired by any racer aft of the Mind , whether in way of wifh or purpofe of fettlement in fuch a place, but they arc only obtained in and by a Bodily JR, that is quafi pofitio pedis a placing and fixing then foot upon it y So no bare tranfient and vagrant paflage, thro’ an empty and uninhabited Coun¬ try without fctling their abode, and continu¬ ing to refide in it, was ever held fufficient by any Civilian for the giving unto thofe Itincraa fafengers a claim of Property and Inheritance there.! For as Groiim fays Bcfultompojfejfio mini efficifih. occafional touching at a place without fettling and continuing to inhabit giveth no right thereunto in Law. And as Pujfcndorf fpeaks to j the fame purpofe, Occnpajfe turn demum renh aliquant dicinmr cjitaudo pofijeffiioncm cjits adprehen- De jure dimtu: it ant occupatio rerum tnobilium fiat mani-l Nat. & bus, foli pedibus y vidijfe auttm tttntum , ant feirt Gent, lib . n \)i cn jd r ,ondum ad fojfiejfioncm fnfficere judifi 4. cap. 6’ catnr ^ Whercunto may be added in the fecond place, That the Spaniards did not find thofe Countries, •Kingdoms, Iflcs and Provinces, whereof they are either poflcflcd, and confcfled by all to b; fo, or thofe unto which they pretend a right, tho’ it be not acknowledg'd by others, void and empty of People , and uninhabited t, but that when they came thither and arriv’d there, they found them actually poflefs’d by a large and numerous People that had no knowledge of,nor dependants upon Spain, nor had deriv’d either their own Original , or their Title to occupy and inherit thofe fpacious and vail Anterhm Territories from the the Spdii'utr/i ; fo that whatsoever Title or h,c- prty the Spaniards are come to have unto, and over thole Dominions , it muft be deriv’d either from the Donation of the Pope, or acquir’d by a Conqueft of thofe, who were the previous and ancient Proprietors~, or it muft be obtain’d by a grant from the Natives, in the vertue whereof the Spaniards have a right transferr’dunto them, and arc with and by the confent of the Indians, made the rightful and univerfal Proprietors of ' all thofe Countries. And as to their Claim by the Pope's Donation^ the very mentioning, and much more the plead-^ ing of it, is a ridiculing, as well as bantring of Mankind •, feeing even on the fuppofal, that the Roman Pontiffs Ihould be acknowledg’d tile Suc- ceflors of St. Peter, which as no Protefhnts are forward to believe or confefs, fo they have never hitherto found, nor do they think they ever lhall find the Pontiff inns able to prove it: Yet this would inveft them with no right of difpoling the Kingdoms of the World as they pleafe, and unto whom they will. For Peter being cloathed with no filch Power himfelf, nor having ever pretended to exert fuch a Jnrifdi- n-ivc Authority , as fomc Popes have had the Va¬ nity and Pride to do, how could he convey it unto, and entail it upon others, under the qua¬ lity and chara&er of being his Succefiors ? Yea our Lord J ESV S Cirrijt was fo far from ex- erriling a Potrer and Authority of diverting Prin¬ ces of their Soveraignties, Principalities and Dominions, tho’ all of them were then grofs Idolaters , that he would not be prevail’d upon to divide an Inheritance between two Brethren, when deiird by one of them to do it. but as ( 66 ) he made it the duty of all thofe who ihould believe in him, and embrace the Chriltian Faith, to be confcientious and exaft in yielding Obe¬ dience to all the Laws and Commands of Ci¬ vil Rulers and Magistrates, whether they fhould be Heathen or Chriltians, provided that thofe Laws and Injun&ions were not inconfiftent with, and repugnant to the Laws of God: So he was Himfelf contented to Pay T •• ibutc to Tibe¬ rius C<;/rfr,who was both an Idolater and a Tyrant, Nay, fo far are the Bijhops of Rome from having any Jurisdiction in the quality of St. Peter’s Succcjfors , over the Dominions of any Prince and Potentates whatfoever, That all the right which they have to their own Temporal and Secular PoilelFions, even to that which is vul¬ garly call’d the Patrimony of St. Peter , is by and from the Co.iceflion and Grants of Potentates, Kings, and Civil Rulers (among whom I wou’d not be thought to place Conft amine , whofe pre¬ tended Donation is a meer Pillion and Chimera , but fome that were later than he ) who were more Liberal and Beneficent, than they were Prudent and Wife. Moreover, tho’ the Spani¬ ards have had fometimes, the weaknefs as well as the vanity to Claim a right to the whole Wtfi- Indie r, thro’ and by venue”of the Donation of Pope Alexander V\. in his Balls Dated 2d and ad of May, Anno 1493, yet the very Spanifii It lfieri an s do allure US, that Ferdinand and Jfa- See Her- bella who were King and Queen of Cftile, when rm'- r , r Columbus made the firfc difeovery of the Wcjl- WeiiwrT ^' us ’ a t!ie V ear ‘4SW ^ av * n § confulted with diet ivl t ^°^ c W ^' G were e ft eem ed the moll Learned in the Lib! 1. 2, Civil and Canon Laws, thought it necdlefs to ufe Cup 4, any finch Formality as to defire a Grant and Dona¬ tion (* 7 ) tion of thofe Countries from the Pope; andtliaf the Bulls of Alexander VI. were obtain’d, cr rather accepted upon fome particular Confide- rations. Nor have divers Nations, and thofe Roman Catholicks, as well as Reformed, made the leaf!, fcruple of failing unto, and fettling in the Re¬ gions and Countries of America , notwithftand- ing the Pope’s Balls, by which they are faid to have been granted to the Kings of Spain. See¬ ing befides what hath been done by divers Prin¬ ces and States during this whole prefent Cen¬ tury, and a good part of the former, whereof I fhall here make little or no mention(it being noto- rioufly and fully known,not only to every States¬ man,Scholar, Merchant,Shopkeeper and Artificer, but to thofe who are themcanefl: Boors, Peafants, and the ignoranteft part of Mankind) there were divers attempts and endeavours made by others Trading to America immediately and foon after the emifiion of thofe Balls, upon, which fome would found the Spaniard’s having a right and claim, and legitimate Title to thofe Dominions. For no longer than three years af¬ ter the pretended Donation of all the American Territories to Ferdinand and If-bil'.t, Kira and Qjitcn of Cafiile b’/ Alcxnn: hr Vi. did Hcv-y Vlf of England (tho' a Zealous Roman Catholick,- and one who by reafon of his Domellkk Trou¬ bles Rood in great need of the Favour of the See of Rome, and who no lefs courted it) Equip and fet forth in the Year 1456, four Ships un¬ der the Command of SirjV;?/, and Sir Sebeftian Cab it of Briftol, to difeover, enter upon, and take polfelfion of any place or places of the tVep-Indies, that were not in the actual poflefiion F 3 -rf ( 68 ) r of the Spaniards, which by his Authority and in his Name they did from 25 to 2 6 Degrees of the Northern Latitude ; and in two Voyages which they made to the Weft-Indies , they both eJiabiift'd a Friendfhip and Trade with the N.i- t". : s of Florida, Long-Ip.nd , and of divers pla¬ ces of thole Atr.irlc.in Countries. And tho’ //>;;> Via. who fucceeded him (thro’his being employ'd in Wars with France and Scotland^ and taken up about important aflairs at home) could not extend his Empire in the Weft-Indies ; ne- verthclefi there were, even in his Reign, divers private Pcrfons that voluntarily engag’d in the mrking difeoveries and fettling Trade in Ame¬ rica : And among others whom we do find e- qrip’d and lent, forth upon this Defign, were Edeorard Sp:rrf;sw, in the 5 th and 9th Years of rl . v Yiil. and F.otrrt ' Varner in the 12th of the f.: e Reign, who made rich Voyages thither, and were kindly entertain’d by the Natives. And which is of affinity hereunto, and ex¬ tremely pertinent, for brewing < the infignifican- cy of the tbrementiond Bulls to the eftablilhing . ... rffiht i:s the kvwktr'f to any other Tarts of V.-: than they are actually in pofleffion of; . cwd. vcL.. to he okErv’d, how that Veffetfms a a ’ey order or Emanuel King of Portn- •: did in the Year t 500, difeover all Braftk, w -..c!' makes a large part of the American Con- a :d that the Pertvgxtfe alferted their >■. w. ur.to it, and preserv’d a liberty of Tra- tn.yg thither, notv iihitanding ail that was ob- i-etc.-' to the contrary by Ferdinand and IfabeUa yi C’j hr-. Vv hereunto ffiould I add what hath lews done dace, and that not only by the Eng- Tft under ELzahtls. and King James, Charles (* 9 ) Charles I. and II. but by the French and Devh, and by divers other Nations and States, which have all traded to and fettled lcveral Colonies both upon the Tara firma and the Mauds ot y4/»«7'cv?,notwithflandmg either the Popr S Bulls of Donation of thofe Countries, and Illands to the Spaniards, or their pretentions unto them, by any other Right or Title whntfocver •, it would evidently and unanfwerably appear, that their Claim to the Weft-Indies was never further al¬ lowed and admitted by any Enmpean rmnta.tes and Rulers, than in reference to thofe Places and Territories of which they were become actually polfefs’d. Yea the rope’s grant of the Weft-Indies to the CaftlLvis, having been in or¬ der to the propagation ot the ChriPrian Fair!’, among thofe Infidels, The See of chal¬ lenging no Power or Authority to diipofe of Earthly Dominions, fave in relation thereunto, and neither for defhoying the Natives or ulhr- ping their Territories, it naturally follows that the Spaniards having acted fodiiectly contrary to r . _ all this, both in Maflacring above Fsur.t-. .ens of the Indians^ and in the encouraging them in rmcfi!:: their Heathenilh Idolatry, thro’felling their I-fni dols unto them for Money, alter the InT.ms had thrown them away, rather than in feeking and promoting their Converlion to the Chriflian 1 * ’** Religion, can pretend no claim of right and ti¬ tle to thofe Countries and Dominions by the Pope’ s Bulls, but as lie las Ca.f.cs cvprdfcth it, Ij: ' m i!,< All their Conejuefts arc to he accounted Vnjitft, Ty- rannu al and Null. ‘ ’ ’Tis true that the Spaniards have at all times been difpleas’d with, and oppofite unto the Set¬ tlement of any Nations in America beiides thcni- F 3 felves: ( 70 lelvesj but the many rich Colonies, fuch as Virginia, Barbadocs, Bermudos, New England, New York, Carolina, Penfilvania, Jamaica , &c. which the English have there, befides what pla¬ ces are poflefs’d by others, cfpecially by the French and Dutch in that part of the World, do abundantly Ihew, that all Nations do ac¬ count the Claim of the Spaniards to the whole Wefi-Indics to be no better than a weak, vain and chimerical Imagination, and that the Popes Bulls by which it is alledged that they are enti- tuled thereunto,are no other wife efteemed by Eu¬ ropean Princes and States, than as a jeil and Banter. Nor, Filially, have the Spaniards themfelves paid that rcfpect to the Bails of Alexander VI. which they fhould, and certainly would have done, had they taken their right to the American Islands and Dominions to be deriv’d from them : Seeing whereas the fame Pope had in and by thefe very Balls, not only confirmed unto the Por- ingiufe their title to fuch places, as they were not only pofiefs d of in the Eafi-Indics, but to all other vvhatfoever in that Eeflem quarter of the World, tor the Occupying and Inheriting whereof they had formerly obtain’d Bulls of other Pipes, and particularly of Eugenios IV. excluding all others from trading thither, yet notwithstanding of this, they of Ca.flilc laid Claim to the Molnceao Iflands, to which Ferdi¬ nand Magclanus had found a palfage by the South-Weft of America, and continu’d to aflert and defend their Fretcnfions to them, until John King of Portugal, by leading the Emperor Charles V.' 3 50000 Ducats, upon condition, that He and his Heirs fnould forbear trading to the Moluccas till the Money were repaid y they de¬ clin’d (v ) din’d the maintaining their Title to thofe Illands, and laid alide their trading to them. Nor is it unworthy of remark, as well for the chicane as the pleafantry, and divertile¬ nient of it, that the Pope having divided the new World into two Hemifvkercs , allotting the Weficrn to the.Spa.nia.rds,and th cEa.ftcm to the Tomgnefc , how that they cording to difagree about their rcfpcttivc Sbans, each of them lay¬ ing claim (as I have faid before ) to the Mo¬ lucca Ip.nds , as falling by that divillon within their Portion, and the deciiion of the calc, feeming to depend upon Mathematical Calcula¬ tions, about which the men of skill in Geography, being confulted on both Tides, the Spaniards and Portngneje did in reference thereunto, dif¬ fer from one another almolt Forty decrees, in their fixing of the Longitude , and fo dogma¬ tical and obftinatc were both in their accounts, that orders were given by pnblick Beliefs, for fixing the Degrees and Meridians , ill their fc- veral Charts and Maps, as they had been dine- rently determined by the two Nations. Finally that which Hill Ihews a further flight put upon thofe Bulls, by the very Spaniards themfclves is this, namely, that no fooner had Americas Fefpup.s difeover’d the South Sea, and found ftore of Excellent Timber, for buil¬ ding of Ships, near to an excellent Port, that was but one league diftant from that Sea, and which Fefpup-n. called Palio ? then that ha¬ ving immediately built two Mariana W. „r Spah Ships there, he failed from lib 26. up. 2. a;.iiH?rrera’s thence to the Northern parts hiU.cftkeW’eft indies die. 2.1. of the Eafl Indies, and begun lib ' 5 ■ 4 c P tu 3 - d «p. 9. in the Reign of Charles the 5 th. to fettle a Colony there upon one of thofe Iflands, which afterwards F a upon ( 7 2 ) upon the perfecting of that Plantation in the time of Philip the id. came to be called the Philippine Ifltmds , where to this day they have a Colony, and keep pofTellion of them in fcornand contempt of the Pope’s Bulk, by which all the Eaft- Indies were granted to the Portuguefe. The Third and laft thing that I would upon this occafion, and in order to the clearer determination of the point in difpute, is, that whatfoever right of propriety, and dominion the Spaniards may have, by the Title and upon the foot of Conqueft acquired in and over the Empires of Mexico and Peru, and fuch Countries and Provinces , that were dependent upon, SubjcB and Tributary unto thofe two Empires , yet they cannot thereby have obtained any Jurifdiction Title ox Claim ofpolFe(Tion over, in, and to thofe regions , dittricts and places of America which as they have never Subdued , fo they of thofe pla¬ ces were not nor at any time had been in r.iff i/lagc or Subjection to the Monarchs and So- veraign Rulers of either of thofe Empires. I could very'jullly have laid down the Popdatm , and propoiitiou more at large, and at the fame time been able to juftify it both by Reafon and Au¬ thority ^ and to have proved and made it good, as well by Artificial as Inartificial Arguments : namely that whatfoever Legal right, th zSpani- "ards may have acquired to thofe Lands and Territories in America of which they are polfef- fed, by the claim and upon the foot of preferi- ptlon thro’ their having Inhabited, occupied and inherited them for above 200 years, without interruption,difleifure, or difpofTelfion ; yet they never obtained a Lawful and righteous Title un¬ to, or a Legal Jurifdiftion over them, upon the bap and foundation of having Conquered the ( 7 ? ) Mexican and Permian i mpcrors and Empires in and by a Juft War, buc than they rather fub- ducd, and deftroyed thofe Monarch , and Poff- fed themfelves of their Dominions , by Fraud, Violence and Ufurpation. Now Pifendorf tells ns, and that agreeably to the opinion of all Civilians , that per folam vim injnflam , non pojfe Differ tat alicni Soltdum Jus qit.tri , CF cm exadvcrfu.rn^ ob- acadein, ligatio coufcientiam ftrhigens refpondeat , nifi viti- S-deU. p. um acquifitionis pmjatum f temper accident cm poft 29 r.ovam cUiftam qua per fe jnsparere idonca eft. No right is acquired, or doth arife or accrue to any, by the alone and lingle means of unjuft Violence and Force •, nor do a People become obliged and bound in confidence to pay Fealty, and Al¬ legiance, and to yield Obedience to fitch, as have llnrightcoufly and without Caufr, or Provocation, Overpowered and Mafter’d them, unlefs and until fomcthing clfe doth interpole and intervene, that may create and give a Ti¬ tle, and right of Domination, Rule and Autho¬ rity unto the Former and beget ties of legal Subjection and Obedience in the latter, For as Crothss affirms to the fame purpofe, That Actus imperij invafms quos cxerca^ nullum vim habere D- pojfunt ex ipfins Jure , quod nullum eft. That no Invader meerly as fuch, and under that redu- 11a ^' ‘if ‘ plication hath a right of exacting Fealty and ‘ ’ Obedience of the Subjects of thole Princes, whom they have without Jultice violently and forcibly aflaulted. That Onicquid Jure pcjftdc- tur , injuria aufertur • What any rightfully poftrjfeth , he cannot fave injurioufiy be djjlifcd oft is engraven upon the minds of all men, as a part of the Legiflation of the Divine Creator, conveyed unto us with our Natures. Nor can it be denied by any, who do believe that there are ( 74 ) fiich things, as Right and Wrong among men, See de las Cafas of the Von- al if D ? d «„ Law j vs, &c. of tie Spaniards to tk wh >ch enjoyn, what is Juft, and Weft-Indies, p. 147. Englifi prohibit what is unjuft 4 blit tranjhitict:,$t alibi paffim. tsV. that the Wars which theS/wn- ,. Mar ‘ G ' na .' ards made upon the Emtcnn JdeUso !Mexico and . Tern, and upon If in that pm called Conqui- luch Supreme Rulers and Gove/, fa dell’ Indie. noun of thofe other America: Territories and Countries where¬ of they are become poflefled, were the moil groundlefs, unrighteous and unjuft, as well a; the molt bloody inhumane and barbarous, that ever were either begun, or carried on in any part of the World: Seeing that tho’ thofe Po¬ tentates, Rulers, and their People and Subjects were not Chri(Hans (and for anything that we do know, were never provided of means nor furnifhed with advantages of being fuch) yet they were as Lawful Kings, Princes, and Go- vernours of their feVeral and refpective Domi¬ nions, Territories, and Diltricls in America and as Legal Proprietors of their Demefns and PoiTelfions there, as any European Prince or Peo¬ ple whatsoever arc in reference either-unto the Authority and Jurifdiction, which they have and do exercife in this part of thcTerreftrial Globe, or to the Lands and Goods where they do here inhabit,and which they do enjoy and poflefs. For Infidels being rational Creatures, as well as other men arc, they are thereupon Sociable, as well as they, and confequently capable of entring into Societies, and agreeing upon Laws for the Government of themy and indeed to have Go- vernours and to be Governed, are equally co- mon to all forts of men, whether they Wor- ftip God or Idols, being things that have their ( 75 ) their foundation in the light of Nature, and not in Revelation. And therefore, Civil Do- iminiou and Property, being no ways founded .in Grace, or in the Orthodoxy of Faith, but in Principles of Nature which guide men to pro¬ vide for their own fafety, it is as much a viola¬ tion of the Laws of God, and of Nations, to Invade the Countries of thofe Sovereigns and to deprive thofe Potentates of their Domini¬ ons, without a previous and antecedent juft ■reafon and caufe, and it is as heinous an of- [fence, againft the Laws both of Nature and Re¬ velation to rob and plunder their People of •what they had and enjoyed, as it is for any one ‘ King and people in this Chriftian part of the •World to do the like againft and upon any other in this Hcmijjhcre , and who are of the fame belief of the Gofpel that they who la- . vade them are. Nor have there hitherto been, nor hereafter can, any reafons be produc’d, for IcgitlmaAvg and juftifyiti? the War of the Spaniards, upon and. againft the natural Princes and the Natives of the IVcfr-Indies, but which do with greater ’ evidence proclaim, and more Angularly aggra¬ vate and enhance the guilt of it. For to d- ledge that they were Idolaters , and that there¬ fore it was lawful, to make War upon, and to deftroy and extirpate them, is direftiy re¬ pugnant to all the Principles of Humanity, the Maxims of Evangelical Mecknefs, and the Methods eftabliflfd by our Lord JESUS Chrift for the Propagation of the Chriftian Faith; as well as to all the Laws of Nature, Revela- tbn and Nations. And as the time once was, wheu all the Nations even of Europe, Aji.t and Africk , (7 d the Wef-Indies, and was aboti to eftablifn Celmle in th-Te Provinces, and be¬ ing at his fccond Voyage to N.j.an.ela, advifei by foine ct ins own People, and pai ticularlj by 011c Father £ to iicze upon Guaianagd, that wa? an /■’- 'a ling, and flood accufed for having Murdei d fome Cftinam, whom aim bm had left there upon his firft Voyage thither, he not only refus’d to do it, but declar’d that he came not. into thofe Countries upon a Dcftf ra^d-'c' 1 1 ' °f orce -> twr in order to make a Conqneft, bn lib. 2.c. t)} n a ftaccablc and gentle way, and to fettle with th cenfent of the Natives, I r ( 79 ) In brief, tho’ neither any crimes again!!; God, wherewith the Indians were chargeable, nor any undue and inhumane -carriages towards the Spaniards , at their firlt Landing in America, whereof fome have had both the Impudence ;and Indifcretion to accufe them, were either ’ juft motives according to the Morals of Idea- Ithens or Chriftians, or allowable by the Laws | of Nations, as Lawful caufes for the Spaniards [making War upon that People, yet both the \occafwns of it on the part of tile Natives, and 1 the real Inducements unto it on the fide of ;the Spaniards , are too obvious and apparent, to [ efcape the Obfervation and Notice of any per- i fon, that is converfant in Hiftory. Namely, 'that the Simplicity, Meeknefs, Patience and illnacquainfednefs with Arms, and Martial Dif- jcipline, and their being ill provided of Wea- | pons, either Offenfive or Defensive, together | with their abounding with Wealth, and their | Countries being ftored with Gold and Silver [Mines, were the true occasions of that War, | on the fide of the Indians, and an inlatiable l Avarice, a Brutal Infolence, and unquencha- 1 hie third: after Blood, were the real caufes of I it, on the part of the Spaniards who under 1 all their pretences, of converting thofe Infidels to the Chriftian Faith and Worihip, intended ^pelas ; principally if not only, the deftroying and raids v.bi j extirpating of them, and converting their Supra, | Countries and their Treafures to their own l!:> / tfj \ i u p e> i vhoUBott* ' Whereunto may be further added under this : head,that the Murtlier of the Empci oars of Afexi- , w and Pot, and the destroying all fuch as were , wtheRoyal Lines,ofthofe two greatMonarchical j Families, ; (8o) Families, which was perpetrated againft all th mealures and obligations of Gratitude, Truth Honour, Equity and Juftice, and with all tin Treachery and Inhumanity imaginable, gaveni Legal fnrisdiElion to the Spaniards, over fuel as\ad been Subjects or Vaflals to thofe Sove- raigns, in that the Spaniards did not fet them- felves up, and lay claim to an Authority, ia order to Govern the Mexicans and Peruvian j to their Advantage and Benefit, but that the] might extirpate and exterminate them. Ani Governments being at firlt inftituted, for the fafety of a People and not for their mine: Kings being as Jriftotle faith, ordained forth, good of Kingdoms , and not Kingdoms for the Litj. and Pleafnre of Kings , to be Tyrannised over & they will , fuch can never acquire any right ti Rule and Govern a Country, vvhofe defigt work and. endeavour were to depopulate it And if on the firppofition, that it were pof fiblc for one, that is a Legitimate Soveraigf and Monarch, to entertain a purpofe of ma king an Unlveuh.l delhruction of his People inftead of Pictevtiiig them (which I do reallj think and believe no Prince whatfoever is a pable of, wlio is not fitter for Bedlam than] Throne, and who ucedcth not rather to te Bound iii Chains, than to be accounted fit to fway a Mepter, as being more Mad and Di- ltraScd, than any that are kept at Hogsden j it were Lawful for his very Subje&s, without the Violation of their Allegiance, to reilmin and refill hinij Surely then it ought much more to be eiteemed, not only Lawful but an indifpenlible Duty, to withlfand and oppofe thofe, to whom they had never been Subjects; paid Fealty, or yielded Obedience, that Ihonlcl challenge an Authority and Jurifdi&ion over them,meerly that they might in the escrdfe thereof, MalTacrc and Exterminate them, which was directly the cafe of the People of the Weft-ladies, in relation to the Spaniards, both at their firft Landing among them, and for a long leries of Years after. So that this ferveth to Vindicate from blame, not on¬ ly all t’nofe few and Email Retaliations , which any of the Native Indians were capable of making upon the Spaniards, in Killing them wherefo- ever they could conveniently find, and were itrong enough to Mailer them; but it doth a- bundantly jnftify the ivithdrmrnicm of all tho'fe that could, from a dependence upon the Um¬ pires of Mexico and Fcm, as they are now be¬ come veiled iimihe Kinys of Spain, tho’ they had been anciently either Subjects, or Valla Is, or Feudatories unto them, and their erecting themfclvcs into Free, Abfolutc and Independent: Governments, that thereby inf cad of falling under, and being forced to fubmit to the Spa- nifti jurildidion, they might be the bettera- ble •#>' Wkhltand their power, and to defend thenMveS againll all the pretenlions of the Spaniards, in their claim of Authority over them. And if the length of time, wherein the Spaniards have not only been in the quiet pollefiion, but in the cxcrcilc of Rule and Government, over fuch and Inch Weft-India Pro¬ vinces, Countries and Diltrius, that have, ci¬ ther actively, or paflively, fubmitted to them, gives them a Title thereunto by Frefr'ption, then certainly by parity of Reafon, and on the fame foot of account, are they who ( upon the G Spaniards Spaniards getting into Pojfejfm of Mexico and Peru, and there treating of the Natives in the manner above related) withdrew themfelves from any further Dependence on thofe Empires , and became ere&ed into diftincf, free and in¬ dependent Governments , made likewife entitled to there Poffejfions , and JurifdiBions , by the fame tenor and claim of Prefcription. Nor is it to be denied, but that there are feveral Societies and bodies of Indians within the ancient Pre- cinfts and Limits of the forefaid Empires, who to this day, inftead of fubmitting to thejurifdi&ion of the Spaniards, are in continual and conftant War with them. Whereof though a Multitude of Iuftances might be affigned, yet for the lake of Brevity, I flsall only mention two. Of which one (hall be the Colleftion or Herd of Indians, within the bounds of the Kingdom of Gnati- SceGrMs mala, whom the Spaniards have not hitherto surveydi. Conquered, but would fain fubdue, in order sf‘?9- P- both .to the fetling a Commerce with fome 100, 161. p art5 0 p from the doing whereof they ufual and unexemplify’d in the European parts of the World, whereof the feveral and diftinft fupreme Principalities of the ancient Britain j j n England, wherein Julius Cafar' s time, there; Gail.w'.s. werc no fewer than four diftinft Kings in Kent ck'Cmib- alone, namely, Cingetorix, Carviliits, Taxima- ikr.’s Erit, gttlits, and Segona.v, or, as Cambden calls them in Ca;::. Reguli vel melioris Note Nobiles ; Captains or Perfons diftinguifh’d from the Vulgar by their Power and Figure, and whofe Territories could not be much larger, if of that extent, as the Dijlritts of the feveral Caciques on the Iflbmm of Darien are. And the like may be faid, on¬ ly allowing them greater dimenfrons of Terri¬ tory, of the Saxons during the Heptarchy after¬ wards in the fame Country, as well as of the Scots and Picls in the ancient Caledonia. Yea, and the diltinft and different Sovereignties which were * in Spain it felt, not only both before and after it was a Roman Province, but even until lefs than within thefe two lalt Centuries, As if- 1 on, Arragon, Navarre, Caftile and Portugal, un¬ der which the Chriftians in Spain were divided • and tliofe of Cordova, Shil, Malaga, Gran alt, and others under the power of the Moors, not to fpeak of the feveral independent and abfolute ( 95 ) Jurifdiclions, which are at this day both in Italy and Tome other places,do abundantly confirm the fame. And were not the Bible a. Book, that fome men are little converfantin,they would not think it a Banter, to have thole ftiled Independent,Ab- folute and Sovereign Rulers, whofe^ Territories are circumfcribed and confined within ftrait and narrow limits. Seeing befides many Inftances of that kind,which are to be met with in divers pla¬ ces of the Sacred Hiftory, they would find that Jojbua fubdued no fewer than 31 Kings in Canaan fof. when he conquered the Land in order to fettle the People of Ifrad in it, tho’ that Country was not much larger in the whole extent and cir¬ cumference of it, than fome fingle Counties of England are j not to add that as there were feve- ral Kings more, whom he did neither drive out, nor deftroy, fo molt of the primitive Go¬ vernments of the World were of that fort, conftitution and complexion. But to what hath been already find and repre- fented under this head, there is further to be ad¬ ded, that whatfoever roffcffwns^tht Spaniards have obtained in that American Strait whether thro’ their having conquered any of the Caciques , that had their jurifdiclions there, or by their ha¬ ving contracted Alliances, with thofe Indian G over mars, and by Agreements with them and the Natives acquired a Liberty to lit down, plant, and to erect Colonies within the limits and bounds of their little Territories and Prin¬ cipalities } or how much foever they may have encroached upon any of tliefe Captains whom tiiey .have not wholly fubdued, and wrefted part of their Lands and Jurifdidtions from them; yet there are ftill divers of thefc Cuioncs 0- ( 96 ) ver the Native Indians , "who as neither tiny, their People, nor their Territories, were ever conquer’d by the Spaniards ; fo they never en¬ ter’d into Agreements and Contracts with them, nor have at any time granted liberty un¬ to them, to fettle within the Precincts of their Lands, Inheritances, and Demelhes, bat have at all times been in terms of Variance and Hoftility with them, and for the molt part in a ftate and condition of actual War. So tkt at leaft within the Boundaries and Jurifdictiotm of fuch Indian Governors, the Spaniards have ro juft or legal pretence of Property and Domi¬ nion. For how weak and mean foever tliofe Na¬ tives and their Rulers may be efteemed and re- prefented, yet that doth no ways alter the cafe, or any ways enfeeble their right unto, and their authority over their own Principalities; bat they do retain an equal Claim and Title unto, and Property in what was anciently and ori¬ ginally theirs, and what they have defended from the Invalion and Ufurpation of the Spa¬ niards, as if their Dominions were as large, and their Might and Power as great as thofe of Plis Eritamiick Majejly's are. The little Re¬ public of Geneva hath as good right in Law to a Propriety in what they have immemorially pollcfs’d,asthe Great Monarch of France hath un¬ to the vaft and powerful Dominions over which he is Hereditarily King and Soveraign. Yea, they of San Marino in Italy are no lefs abfolute and independent Proprietors and Governors in and over that poor and defpicable Hamh[ and Dorp, than thofe who go by the Stile of High and Mighty are over the Dutch Provinces ' in reference to thofe Things, Matters and Ends •for which they became United and Confedera¬ ted. Nor is the Duke of Mirandola , whofe 1 Territories do not extend themfelves to three Italian Miles, lefs abfolute and independent ( over his own linall Principality, than the Em¬ peror of Germany is with refpeft to his Jitftrian and Hereditary Countries. For according to : the Laws of Nature and of Nations the point ? of Right and Property is the fame in the Poor ; that it is in the Rich, and in the Weak that it is in the Strong. And how impotent and contemptible foever thofe unfubdifd Caciques on the Ijlhmits of Darien are, in companion of His Cathol'ck Majefty ; yet it is enough to ju- ftifie their Propriety and Authority in and o- ;ver what they pollefs, that the Spaniards have inot by all their Power and Might been hi¬ therto able to difieixe, fubdoe, or drive them out ^ but that all along lince the Cafiilians firlfc defeended upon the Jftbmw, and occupy’d le- : veral places within that Siran'n of Darien , they : have been in a condition, either lingly by the ; forces of fome one or other of them alone, or conjunftivcly by uniting and joyning their fe- vcral and refpective Powers together, to co¬ ver, protect and defend themfelves, their Ter¬ ritories and Jurifdictions from being fo Invaded as to be over-run and liibdued. Nor is the extent and dimensions of the Land and Territory fo fcanty and fmall, or the number of thofe Captains or their People fo few, in which, and over whom the Spani¬ ards. have nor. hitherto been able to obtain Pollcflion and Authority, as fome who do not give thc-mfelves leave to think fo clofely of this H Allair, (90 Affair, and to examine it with that accuracy which they ought to do, may be inclined and ready to imagine \ feeing, that upon the whole North-iide of the Iftlmms from the River Da. run to the Baft memos , the Spaniards are not in poffeflion of one foot of Ground, nor ever were, five for a little while at firft of Nom - bre dc Dios , which they foon relinquilh’d. And it is againlt both all the Topicks of Argu¬ mentation, and all the Meafurcs of Law and Jultice, that from the Spaniards having made lome Settlements on the South-Sea , and their having, fo fur &s they have obtain’d poffcfiion there, reftriefod and confin’d the Natives to narrow bound?., to infer and conclude from thence, their having a Propriety in, andajii- rifdietion over all the Northern Coaft. And fuch a pretence is the more unreafonable and abfurd, in that the Ifthmus of Darien 'is natu¬ rally divided by a ridge of Hills . that runneth from Baft to iVcfi. Nor can any allegation whatfoever more avowedly offer violence to common Sence, and more notorionfly attempt the putting an Affront upon the Underftan- dings of .Men, than from the Spaniards being polkffecl of, and having dominion over one pan of .ifthmus, to deduce and conclude from thence, that therefore they mult have a Propriety in, and a Soveraign Juvilcliction over the whole: And from their Title and Right of Prcfcrift'w upon long Occupation, unto fome of the Sou¬ thern Boundaries of that Streight, to infer and plead rlieir having in the vertue of that, a Ti¬ tle to the Northern parts thereof, of which as! they were never in polfeffion: fo the People of the Utter are wholly independent upon them of the former, raid the Rulers of the one alto-' gethcr Abfolntc within thenifclves, without deriving the lcail Authority from, or paying any kind or degree of Subjection and Obedience unto the other. And for the Spaniards to pretend, that thro’ their pofTcHlng Porto Bello on the South of D.t- ricn, and Canhagena in a fmall Ifland on the North-fide of it,° that therefore, and by confe- qucnce, they ought to be acknowledg’d to iiave a right of Propriety in, and of JunTdidionover all the adjacent Country, which is between two and three hundred Engliili Miles in Dimcnlion and Extent, is not to Argue, but to Banter, and to Ridicule and Lampoon Mankind, inftead of endeavouring to inllnid, fatisfie and convince them. Efpecially feeing that as all the Settle¬ ments and Plantations which the Spaniards have upon, or near unto that Iftlmnts, whether up¬ on the Southern, or the Northern Ote.ois, were all obtain’d without the ccnfent of the Nattics y fo the Indians who live and inhabit in the in¬ terjacent and intervening Countries, between the Spaniards Plantations, on the South and Nonh-Scas, have kill preferved the poflelTion of thofe Territories, without the having ever be¬ come fubjed unto, or the having any ways ac¬ knowledg’d the Sovereignty and Dominion of the Spaniards over them. And fhould we fubmit to that Way and Method ot Reafo- ning, what a Claim would the Kings of France have had long ago, to all the Countries, Pro¬ vinces, and Dominions, which the Cutbolkk King doth pofli'fs and bear Sovereignty over in Europe-, in that all the Spaniih Provinces are btuated and do lie between the Countries which li 2 the the French King poflefleth upon the Ocean, and thofe which he hath right unto, and Soveraigni- ty over on the Mediterranean. Nor can any thing carry more intrinfic and felf-evidence a- long with it, than that when a People were not the firft Occupiers, and the original in- habitants, their Title unto, and their Tenure and Property in that cafe in a Country can ex¬ tend and reach no farther, than as they are got into poflcflion of it, either by the confent of the Natives, or by conqueft in a lawful War, or by Prcfcription, thro’ long Occupation, up¬ on an unjuft one. None of all which do in any manner obtain or hold, or can any ways be pleaded by the Spaniards in reference to the Pe- ninfula on th elftbmiis of Darien, where the Scon are fettling and eftablilhing a Colony. Moreover, to all that is already faid under this Head, let me further fubjoin, that no Na¬ tions being nicerly in acfual pofleflion of part of a Country that had not been originally their own, hath been accounted fufficicnt in Equity, Law or Juftice, to preclude and debar others from fecking to fettle themfelves in fuch pla¬ ces as thofe Strangers who had come firft to plant there were not in aftual poffelfion of: whereof it were cade to aftign many Inftances, but it being a matter whereof none that are acquainted with Books of Voyages, and Na¬ vigations, can be ignorant, I fhall content nr/ felt with the mentioning of a few- but in the mean time fhall be careful, that they may be adapted to the cafe that is under prefent de¬ bate, l.et it then be obferv’d in the firft place, That notwithftanding the EnjHJh had planted upon the Continent, as well as i;i feveral Ift»& ; ( ioi ) : of America and did particularly pofTefs upon : the T err a firma from Nero-England to Carolina, without the interpofition of Colonies belonging ■ to any European Princes or States whatfoever, neverthelefs the Dutch finding Long-Ijland, that is ilnce come to be call’d Nevr-York, and ' which lyeth within the foremention’d Limits unoccupy’d, yet environ’d and furrounded on ■all hands by Englifir Plantations, they did in a ■jtime of full and entire Peace betwixt theCrown '■of Gres Britain and the Bclgick-Statcs, lit down and elhblifh a Plantation upon itwhich with¬ out any dilturbance front the Englifh, or their quarrelling with them upon that account, they continu’d to poiTefs until the Year i66~, when after a Treaty of Peace between King Charles II. and the States General , for the putting an end •to that War, which had commenc’d between thofe two Ruling Powers, Amo 1665, Long- Ijland was exchang’d by the Dsch for Sm- Moreover whereas the Spanijh Vise F/frnnuIt of ncccffity pafs between Florida , and the Eaha- via Ijlands , unto both which the Spaniards do like wife lay claim by challenging a property in and a dominion over them ; yetnotwithlhning of this, the Englifh pollcfied themfelvcs of the ’ laid Ijlands, and tho’ the Spaniards both com¬ plained and did highly refent it, and fo far as they had ftrength and power, did as well Bar- ■ baroufly as Injurioufly treat thole Englifh, whom they found fettled there ; neverthelefs the Spaniards being no ways able to Juftifie their ' Right and Title to thofe Ijlands, the Englijl.) continued to aflert and maintain the Pofleflion, which they had acquired, as long as they H 3 themfelvcs ( I°2 ) themlelvcs found there Intrcll in it, and thought it convenient fo to do. Yea notwithftanding that the Spaniards plead a light unto, and a propriety in Jitcatnu, and if the having over-run a great part of a Conn- try, which is above .300 Leagues in compafs, and the having Maflacrcd a prodigious Num¬ ber of the Native Indians , give them a legal Title unto, and a Dominion over all the Ter. ritorics and DiJtricts of it, It mult be acknoiv- lodged that they had them. Nevcrthclcfs, tii; Ewlilh have not only Sailed frequently thither, and Landed without asking leave of the SpJ ■Tunis, hut they did appropriate unto them- felvcs the Logwood in Ctpc Cato, which belong- cth thereunto, until it was fo exhaufted, that it could no longer anfwer the Charge of fen¬ ding Ships thither. Yea King Charles the Se¬ cond in time of Peace granted a patent to Dr. Cox to fettle in the-%' o‘c Mexico, whid the Spaniards never quedioned, nor complai¬ ned of. And chat the Doctors project did no: iucceed, pioccedcd from the inability or tis backwardnefs of the Undertakers to carry icon, and not from the Illegality or Invalidity e that Princes Patent to have Authorized and Jultified it. Further tlio’ the Bay of Campcchay, which lies in the Gulp!] of Mexico, mull be confeflcd to be Situate in a Country, over which the Spaniards pretend to have the foie Sovcraign- ty and Jurifdiclion, yet the Erglijh have ac¬ counted thi; to be no ObUruciion in way oi Law raid Juilice, to their fettling at Port Rtf d in the laid Bay, and their carrying on then tlip fame Trade,of cutting and providing them ( 10 ? ) (elves of Logwood, which they formerly did at Cape Cato. Whereof as I never heard of any complaint made by the Spaniards • So we may believe that it would not have been regarded if there had, but that the Englijh would have purlucd and perfevered in the fame Courfe and Method, of fettling, removing, and refettling there again, all which they did as they thought convenient, and for their Advantage. Moreover tho’all men know, that the Spa¬ niards have not only many great Plantations and Colonies in Hifpaniola, hue challenge a Pe¬ culiar right to that Country,as having conquered it, or rather got Treacheroufly, Violently and Barbaroully, into the polfeflion of it, and where¬ of their Mallacring fome Millions of the Na¬ tives, may be admitted as a crying and exe¬ crable, as well as a fufficient and undeniable Proof i yet the French upon their finding Pettit Gnaves , which lieth and is Situated in Hifpa - «/«/.!, Unoccupied and Unpollefled, they have without paying any refped to the pretcnlions of the Spaniards , taken the liberty to fettle there, and to cftablifli a Colony, and to culti¬ vate a Trade. And likewife notwithftanding the claim of an llniverfal Right and Jurifdifti- on, which the Spaniards (as I have often faid ) do challenge unto/and over the whole Empire of Mexico, yet the French have not only once and again endeavoured to fettle upon the River dc Spirit u Sanclo, which IS in the Bay of Mexi¬ co, and arc at this time ftudying how to fettle at the difemboging of the River Mcffifipi which is in the Gidpb of Mexico, but they have actually fettled in Guiana, that is Situated upon the Terra firm# of the Mexican Con¬ tinent. H 4 Yes ( *°4 ) Yea moreover ttill, namely tliafc tho’ die Spaniards have great Pofleflions and many Plan¬ tations, on the Jflhmus of Darien towards the South-Sea, and do pretend a right of Domini. on and Soveraignty over that whole Country, yet the French have been endeavouring to fet¬ tle on the Sambolas which lie much nearer to Po, to hello, and other Span', ft Plantati¬ ons on that Ifthmus , towards the Northern Sea than Port Ala doth, where the Scots have be¬ gun to Fix and Eftablifh a Colony ; in order whereunto, they do greatly carefs and coiirc a certain Indian Caci '[lie, called Captain Cork lo , wliofe Territories lie from the Sambolnstd that River of Conception, as hoping by his Fa¬ vour and Afliftance to fuceeed and profper in their defign; nor are they wanting in their addrelTes to Captain Jmbrofio,vihok jurifdicli- on extends from the River Pinas to the Samk las, and we may be lure upon the fame propped, if not alfo on the defign of fctling within the Ilth- mus it felf whofe Friendlhip they have in a great meafure acquired, partly by means of his mortal enmity to die Spaniards, and partly by the interceflion of a Brother in Law of his called Don Petit o, who having been taken by the Spaniards , and kept for fome time by them at Panama as a Slave, doth therefore irrecon¬ cilably hate them. Whereunto indeed much more might be ad¬ ded, and largely inlifted upon in reference to fuch Countries Illands and Dittrich, which the French are become pofTefled of in thofe parts of America where the Spaniards pretend to have a Soveraignity and Jurifdicfion exclulive of all other European Notions, hut that it is wholly ( *°5 ) needlefs, and would be accounted to be done in deiign to weary the reader, rather than to inform and convince him, and which would alfo be an cncrealing this difcourfe into a length and bulk beyond what the queftioa in debate doth any wife require, tho’ ic be both very important in it felf, and the dclires and expecta¬ tion of men at this time more than ordinarily excited and railed, for the having it fully cleared and decided. And therefore all that I will add further, concerning the reft of the Planta¬ tions which the French have in thofe American Territories and places, where the Spaniards do alledge their obtaining a peculiar property, and right of Dominion, fhall be barely to men¬ tion them. Namely that they have not only Colonies in Mminigo , St. Chriftovhcr\-, G'n-rrlr- Inpa, and divers of the Charibbes as well as other Ifimds, to the number at icaft of twelve or thir¬ teen^ and all thefe within tiie Limits and Boun¬ daries unto, and over which the Spaniards do claim a Right prccluiivc of all others; hut that they alio have and do pollefs feveral Forts on the Coaft of Caribana , that lyeth in the ve¬ ry Heart and Bofom of Mexico, and which is not many Leagues diftant from the Ijlhmns of Darkn, or may be rather. faid to ioyn up¬ on it. And upon the fome Motive of my defening io he Ihort, and not to load and cloy the"Rea¬ der with more Examples and Inftances of the foregoing nature, than are either indifpeulibly ncceflury, or which at leaft may be fuch, as they who are impartial Inquirers into the legality of the Fail of the Scots Indian and African Company, will nor be difpleafed to be made (io6) acquainted with. I fay that I Ikl! therefore upon that inducement, only briefly intimate what Colonics the Dutch have fettled and efta- blifh’d within thofe American Territories, un¬ to which (befides the Title that the Spammls pretend to the whole Continent and all the illands of America on the Foot of the Pop’s Bull which hath been already difprov’d andma- uifefted to be vain and ridiculous) they plead I a particular Right, either tluo’ their havin’ been parts of the Empires, Kingdoms, and Countries, of which they became polfelfed, oil clfe that they had been fome way or another, dependent upon, or tributary unto them. For the Dutch knowing all thefe Pretenfions and Claims of the Spaniards to be groundlefs, vain, and ridiculous, and accordingly flighting and defpiiing them,- are not only fettled in Surhnm s and have feveral Forces on the Coafts of Giuf ane, and are Mailers of the City Coro, which are all upon the Terra firma, but they have iikewife poflefs’d themfeives both of the Ifland Curafia, that lies not above feven Leagues from the Main,near unco Cape A'o«;gl : ]b ha¬ ving found Unoccupied, either by them, or any | other Europe.i>:s 7 and nothing left upon it, that | could denominate the Spivn'unds to be Retidcn- f tial, or entitle them to the poiiefhon and pro- f pricty of it, five a few 7 LTp, that were ne j ver by any Law $ whatfoever, reckoned proper 1 and valuable Reprcfentativcs, Subftitutes and , Deputies, for the keeping pofielfion in the name and behalf of a people; the EwBfi 1 thereupon entred into the and made I -Icttlemcnts there, which how difplcafnig and ! offenlivc foever it was to the Spa>ii.r.-ds at firlh, | and how ready foever they were to have Quar¬ ts relied with their Sixccffvrs upon that head, I had their Power been anfvvcrablc to their Rc- | feutment; Yet they have by a folemn Treaty 1 huce, renounced all pretenlions of Claim and 1 Title ( ”2 ) Title unto it, and have acknowledged thel«- glifi to be the Lawful Rightful Proprietors of 'Barbados. But I will infill: no longer, nor add any more on this head, all that hath been al¬ ready find upon it, having been done ex Abw-i- danti, in order meerly to render this difcourfe, as particular and clear as I can } not that it vt r as abfolutely and indifpeniably needful to¬ wards the jultification, of the Scots Calidcdst Colony , feeing that place was never in die poffieffion of the Spaniards, But hath always continued in the pofleffidn of the Natives. The point then that is next to be more narrowly enquired into, and to be difeomfed with greater application, than it hath hither¬ to been, is to fcarch out, aflignand ihcvvtto ftrength of the rcafons, upon which the Scm fitting down erecting Forts, and planting a Colony, in the place above-mentioned is foun¬ ded and done. And I fhall endeavour to give that detale, and to make fuch an enumerati¬ on and deduction of them, as fhall convince the unbiafled part of Mankind, that it is both Lawfully and Legally done by them , and with¬ out wrong, Injury or Injuflice to the Spaniard. It is true that I might fuperfede the giving my felf this trouble, in that thro’ the Sp«- cards charging the Scots , to have therein Inva¬ ded their Territories and Demeliis; and the Scots pofitively denying it, the proof of the Charge and Accufation Ihould be wholly de¬ volved upon the Spaniards , for that being the affirmative part of the Controverfy and Que- ftion, which is that alone in any matter of de¬ bate, which is accounted capable of admitting probation, it belongs therefore unto them to make ;as required in judicial Proceedings, excufed ■fromproving of their Right any otherwife, than ;by anfwcring the Allegations and Exceptions y/hich the Spaniards do advance againfl it: For the Company denying that cut the Spaniards had any poffieffiion of the place where they have planted, or the lead legal Right unto, or Property in it ■, and the Spaniards alledging that they had, it doth in Law and Renfon, belong unto the Spaniards to inftruct and prove what they pretend unto, and challenge. Neverthdefs, for the obviating of all Clamours, and extin- gnifhing of all Sufpicions againlt, and in refe¬ rence to the Legality, Equity, and Juitice of ivhat the Sect* have done, I fhall put this Mat¬ ter into fuch a lhape and mould, as that the probation of it maybe devolv’d and made in¬ cumbent upon the Scots, and the proofs there¬ of expected from them. That which I do therefore fay and affirm, is, That theSie/jave become rightful Proprietors of that part oi the Ifrhmns of Darien where they arc Settled, and that they have a good legitimate and legal Title to that portion of that Ammcnv Strtight, whereof they have taken poffellion, and arc be¬ come Occupiers:, and that thciebthey have done no wrong to the Spaniards, but that they arc upon a better, and a more julr, righteous, and legal Bottom, in reference to their Calc- dauian Colony and Plantations, than the Spani- W: themfdves are, either in relation to thofe ( ) Settlements, which they have upon that Ifih - or with l'efpcct to filch Colonies which they have in any other parts of America. And that which I have here afferted, and with the higheffc confidence adhere unto my affirmation of, bears upon thefe Three following Things, which are all of them unconteftably True, de- monftratively Evident, and as infallibly Certain, according to the receiv'd Maxims of Law, by which Titles, Rights and Properties are defi¬ ned, decided and determined, as thofc Princi¬ ples of Science arc confefled to be, of the n>/We’s being greater than a part • and that where two Proportions arc directly contract Bory, the one of them unto the other^ they cannot both of them be true. The nrft is, that the Natives were not only originally the rightful Pofcjfors of that place, but that they were aft natty in the Poflcjfwn and Occupation of it, when the Scots landed and fat down there. And hereof there are Five un¬ deniable proofs. (r.) Their inhabiting in that part of the Ifthnms , not only independent upon the Spani¬ ards, and without their leave, but againft their will, and in defiance of their Power: Nor did they only continue to dwell there, without the demanding liberty of the Spaniards fo to do; but they had always debarr’d and ffiut out, noi; had ever receiv'd or fuller’d the Spaniards to dwell amongft them. And if any thing be fufficient to declare a People to be the right¬ ful and 'actual PoflLllors of a Country} Purely the pofloflmg it both Hereditarily from the pri¬ mitive Occupiers and Proprietors of it, and ( ” 5 ) preclufively of all others whatfoeveiynuft be held and efteemed enough to do it. (2.) That the Native Indians were at the time of the Scots landing, and of their begin¬ ning to fettle, the lawful, actual, and foie Pof- feflors of that part of the Ifthmtx , where the Scots have erected Forts , and built thcmfelves Dwellings, doth uncontrolably appear, from their having receiv’d and welcom’d them, without the having had any Communication with the Spaniards about it, and in order there¬ unto, or the having ask’d liberty of them for the doing of it: For it is not only dilfonant from the Qiifom arid Practice of all People and Nations whatfoever, who are either bubjefts or Tributary to others, whom they acknow¬ ledge for their Rulers and Sovereigns, to ad¬ mit and receive Aliens and Foreigners calmly and tamely among them, without firit fending to their Superiors, and their rightful Gover¬ nors, to underftand their pleafure, and to ob¬ tain their Inftrudions and Commands concer¬ ning, and how to behave themfelves in it: But it is likcwifc Treafon by the Laws of all Confticutions and Governments, and a Fact that is capitally punilhable to do othenvife. And confequeutly the Indians on that part of the Iftlmms, having done nothing of all tiiis in re¬ ference to the Spaniards , but oft the contrary, having by a Right, Power and Authority in¬ herently lodg’d in themfelves, receiv’d and wel¬ com’d the Scots into their Country, convers’d with them in a friendly and peaceable manner, ;gveu them all the hofpitable Entertainment, and kind liberal Supplies, Relief and Succour, which their Condition and Circumltances ena- 1 2 bled ( ) bled them to render, is a proof beyond the be¬ ing reafonably control’d, of their being the Pro¬ prietors as well as the PoflelTors of thofc Ter¬ ritories and Diltridts in Darien, where the Scots are fettled. ( 3.) There may be fubjoyned hereunto, in further confirmation that the Native Indians , by the confcifion and'acknowledgment even of the Sf.vMids them (elves, were the unqueftioned and undoubted PoflelTors and Occupiers of that part of the Ifthmns, where the Scots have efta- blifnd their Plantation and Colony, and of the Country neighbouring upon and adjacent unto it, in that the Spaniards have at feveral times treated with them, as with a free and indepen¬ dent People, and by Agreements, Contracts and Stipulations, have, upon certain Conditions and Terms, obtain’d and procur’d liberty of them, to fettle Colonies within their Circuits and Precincts, and to employ People to work in fuch Gold and Silver Mines, as do lie within the Compafs of their jurifdictions. Whereof to omit other examples, I fhall afiign one known and public Inltance, and 1 Hull the rather do it, becaufe it refpedfeth the ncarelt pollefiicu of Mims which have been wrought in by the Spa¬ niards to tiie place where tire Sects are planted, of any which they can pretend to have upon the IJihmsu. The inltance and cafe then, in brief, is this 3 namely, That there being with¬ in 12 or 13 Leagues of the Caledonian Colo¬ ny, certain Gold and Silver Mines, which are eftcem’d as rich as are either in that or any other farts of America, the Spaniards therefore, to get into the I’oflcflion, and to reap ^the Benefit or them, irmead of attempting by Power and force, and in the way of Conduct to do it, (II?) they amicably addrefs’d the Caeicp, in whofe Territories and within whole Jurifdiciion they lay, who was call’d Captain Diego, and by a Treaty and Stipulation withhim, that he Ihould have a fliare of what Gold Ihould be obtain’d, procur’d leave upon that condition to enter upon the Occupation of thofe Mine.’ } which as it is an undeniable evidence, in the Opinion and Judgment of the very Spaniards them!'elves, that Diego and his People were both the right¬ ful and legal Pofleflbrs and Proprietors of that Territory and Didrid; fo the liberty that was granted unto the Spaniards by that Ca¬ cique, and the People that were under him, did no ways defleize hint of, or eject him cut of his Right, nor change, and much lefs extmguilh his, Property in that Territory where the Mires were. They being rather admitted as Te¬ nants and Labourers who were to pay him a Rent in allowing him filch a proportion of their gains, than as Proprietors that had a "le¬ gal Right and Title in them. And according¬ ly when the lame Captain Dicgc. found that the Spaniards had not only violated the Conditions upon which he had given them pcrmillicn to work in thofe Mines, by refilling to grant him his Tribute or Share when it was fent for and demanded, but that they were contriving, plotting and confpiring how to deftroy and ex¬ terminate,or at lead to enflavchim andhisPeople, lie thereupon forcibly fell upon them, and drove them from thence. Which as it was done feme little time before the Scois came to fettle on the ljilmns, fo at their arrival there, they found that place, as well as ail other that lay near to the foot where they have cftablilh’d their Csix-y (uS) void of any Europeans and particularly altoge¬ ther Unpofleflcd and Unoccupied by the spa- (4.) There may yet be annexed, as a further proof of the Native Indians, being the right¬ ful owners, proprietors and poflM’ors of that part of the [filmin', that they have fucceflivc- ly lince the Chilians firft difeovery of that Country, and their Landing in it,been in terms of Hoftility as well as of diftancc with them, who as they were never fubdued, nor brought into that Subjection, as either Formally or Ta- citcly, Evplicitcly, or Implicitcly to acknow¬ ledge the Spaniards, having a Dominion or So- veraignty over them, or toconfefs their being become Subjects, or Vaflals to the Spaniards, So the holtile oppofitions, which they have in all times continued to make againft them, cannot he faid to have been a Rebellious, but Juft and Lawful Urns. It being the higheft of Nonfence to ltile them Rebels, who were never Subjells. Yea it is to ridicule as well as to endeavour to millead, and impofe upon Man¬ kind, to bellow that Title and Epithcte, upon the Martial aftions againft the Spaniards, of thofe Darien Indians, of whom I have been ipcaking; it being a pcrvcrlion of Words, from their proper and allowed Signification, and the faftning a fence and meaning upon them, which they were never invented, infti- tuted, nor agreed to bear, which is worfc than the fpeaking unto them in a Language that is Wholly unknown. In that by the tew wc arc only left under Ignorance, of what an Other intends to lay unto us; but in the way of the former, there is a plain defign to cozen ( H9 ) and cheat us. Nor is it unworthy of remark, that of all the Natives of America, whom the Spaniards have for their enemies, they have none that are more invcteratcly and mortally fo, than the imfubdncd Indians on the Jfibm/is of Darien, as cloth not only appear by what they themfelves have done, and continue to do a- gainft them; but by the encouragement and afliftancc, which they have at all times been ready to give, unto the Privateers, Piccaroons and Buccaneers of all Nations, that have within their circle ever come to aflault and prey upon them. Witncfs what they did in the cafe of Captain Sharp, who having Landed at Golden Ijland with 330 men, and being Joyncd by two Darien Caciques, with a good body of Indians, took Sanlta Maria, and made prize of feveralS/w- vijh Ships-, It being alto upon the Invitation, and with the aid of tiioil- Indian Ruins, that Captain Sarrhhg allaulced Panama, the Legality and Juilice whereof as founded upon the Au¬ thority of thole Caciques, whole coni million he had obtained, he avowed and aflerted in a Letter to the Governor of that place. (5.) There remains one thing yet further to be added, in demonftration that the Indira: Natives are not only the True, Rightful and U ndoubted proprietors and pofleUbrs of thofe Territories upon the JJfhmus of Darien,of which the Spaniards are not become Mailers, nor have planted Colonics in them 3 but that they have been Openly, Solemnly and Avowedly owned and acknowledged to be fuch, both by the Comts and Civil Judicatures of England. Now the cade which I have my eye upon, and do re¬ fer unto for the fupport of this alfertion, bc- 1 4 ing ( 120 ) ini;; fignally remarkable in it felf, as well as wonderfully Pertinent, Suited and Adapted to the matter in hand, 1 fhall therefore both give ;i brief defile of it, and endeavour to fet in the true and bell light that I can. The cafe in fliort then was this; namely that tbe tbohmav Sua./p, whom I have juft now menti¬ oned, being an I'.rgl jiiman, and confcqucntlya Natural Subject of his Majefty of Great Bri¬ tain, was by a Memorial given in by theS/w- f/'Jk AmbalFador to King Charles the Second, complained of, for having in the time of Peace between the two Crowns, committed J:lso e Ploflility and Piracy upon the Spaniards in the Wcft-IndM, and thereby taken great Treafure and Booty from them, of which Reftitutiou and Reparation was demanded. Nor was it deniable but tlut the Hid Sharp, .having JoyneJ with the" Daricns, who were then in War with the Spudards, as indeed they always in effect are, did both invade the Spanijh Tcni- tcrics, and attack their Ships and Veflels on the Coafis of America, and commit fcveral acts of Force and Hostility upon them, to their very great Damage and Lots. For which being here in Crilo-dy, and thereupon Indicted, Arraig¬ ned and Judicially tried, the whole he had to plead for his juffification, as well as in his Defence, was that he had therein Acted upon, 3 ad in the Vcrtuc and by the Authority of a Commijfion granted unto him, by lome of the Caciques of Darien, who were ubfolute Rulers, and altogether Lscier.cadant upon the Spaniards. Jdpon which Plea, after a fair and full Hearing gnd.Tryal, and a due coniideration of their intrinfick Power, and independant Jurifdictic.'i ( 121 ) and Authority, in whofc name and by whole he had made War, and committed ravage upon the Spumunls, he was acquitted from the criminal charge of that, whereof he had been Indicted and Arraigned, and was declared m Gr'diy of die l'yrmy, whereof the Sf-.ir,: -r4s had accufed him, and complained to the King. And for any to fay, that the alledging of S\r p’s having been acquitted, upon tile ground of iiis having acted by a Coi,mjfion from the D thereby, from thence, and thereupon fland poffcfd of and vcfled with a Right and Rower of difpofmg, transferring, and of alienating thofe things they have a Right unto, and Propriety in, to what Pcrfou or Per- De Tnve mtt anc ‘ convenient fo to do. B. tVp. To which might be added that of Grot ins, i. 2. c. .t. who very well faith, That Non venit ex Jure 5 . 4 1 Civili,fed ex Jure Naturali, quo quifqnc fimm poteft abdicate: It is from the Laws of Nature, rather than that of Nations, that every Man may difpofe of his own as be pleajeth. Nor do the diveriity of Forms and Modes of (Government in and over Countries and Socie- iks of People* any ways change and alter the caf; cafe in this particular. For be the fuprerqc Authority placed in One Perfon, or maPlnr*-- lity • and be the exercife and adrainiHratioii of it, either circumfcrib’d or confin’d by Laws, or left to the Arbitrary Will and Pleafure or him that governed^ it is the fame thing with refpeft to that which I am difeourfing of: Seeing what the hvtr is enabled to do, by an individual and defrticnl Right, in the execu¬ tion whereof he ads always unaccountably, tho’ poifibly not at ail times fo wifely - ? the other may do the fame, under the direction of the Laws, and with the confent of the People, And how much foever they who are doatlfcl with the ihpreme ruling Power may be limi¬ ted and retrain’d, either by the Maxims of Wifdom and Honeity, and by the Natural and Unwritten Laws of Humanity, Gratitude and Juftice, or by Political Compacts, and Munici¬ pal Ordinances and Confutations, from acting againfc the good Welfare and lntercfi: of their Countries and People; yet all clo acknowledge, that both they of the one Form and Rank, and of the other, have not only a wonderful Lati¬ tude and Liberty vouchfafed them in whatfee- ver is for the advantage of thcmfelves, and of thofe over whom they are fet, but that they Hand indifpenfably oblig’d (tho’ the omiilion of it is with impunity,) to purfuc and fall in with every thing that is for the fecurity and univerfal Intercll: of thcmfelves, their Subjects, their Territories and Diftrids. All which do obtain and hold in relation to the CwUjHcs and Nakr Indium on the Jjihmus of Darien, who as they have an abfolute, in¬ dependent and plenary Power, to receive, give Freedom ( «6 ) Freedom unto, and authorize fuch Strangers and Foreigners, to Settle, Inhabit, and Traf- fick among them, as they fhall think meet and judge it convenient to entertain and ^endue with thofe privilegesy fo in no one thing what- focver could they have more confulted their advantage, and have acted more fiibferviently to their own Intcrcft, than in the receiving the Scots to fettle among them, and to erect Forts and eftablifh Colonies. For befides the Benefits which may thereby accrue to them, whereof they probably may be neither thoughtful norfo- licitous, of being render’d a more civiliz’d Peo- pie, and of enjoying means and helps for the arrival at the knowledge of the true God, and of our Lord JESUS Chrift, and of all an¬ nexed thereunto, depending thereupon, and re- fulting from thence, There are many great Secular advantages, which they will thereby become furnilhed with, and attain unto. For it is evident, how that by this means, the Gold and Siva- which lies hid and bury’d in their Mints, and the levcral forts of Dying Woods which grow in their Fields, as well as many more Natural Productions, which their Lands do afford, belides fuch Goods and Commodi¬ ties, as their Grounds may, by Art and Indu- Itry, be brought to yield and bear, will thro’ Labour and Cultivation, be gain’d and improv’d both to their own benefit, and that of Euro- pan Nations, and particularly of Great Britain , and the reft of His Majcfty’s Dominions, which are all at prefent of little or no ufe, fervice or advantage, either to the Natives or to the reft of Mankind and that partly by rcafon of the la- zkefs, ignorance and unskilfulnefs of thofe ( *27 ) Indians, and partly bccanfe of the want or a fuJHcicnt number of fit and proper Hands, to turn all thefc and more both of like and of o- ther kind of Productions, which that Country cither actually doth, or by Manuring. may be improv’d to affotd, to a benetoiaincfs either un¬ to themfcivcs or unto others. Moreover, by the Mats bavin;, admitted the Scots to tit down and to cftubiifh Colonies within their Territories, they will become ftrengthened to defend thcmfdvcs and their pofieflions, againft thofe who have always been their Enemies; and who have purftied all the ways and means, and have improved all the advantages, which they could arrive at, either by fraud and force, tor the encroaching upon their Demefncs, and the wrefting them from them, and tor the thbduing and entlaving their Pcrfons. For tho’ the Siois arc detirous to live neighbourly,peaceably,and amicably with the Spaniards, and will be far from either commit¬ ting any afts of Hoftility upon thcngunlefs they be toll attack’d and aflauked by them (in which cafe they will be juftifiable by the Laws of God and Nations to witbiland and oppoie force with force) or from the countenancing, encou¬ raging, and aiding of thofe Natives who have receiv’d them, and with whom they are en¬ ter’d into Alliances, in any ofleniive Wars a- gainft the Spaniards within the Spanijh Colonies and Settlements, yet the Scots will account themfclves oblig’d in Gratitude and.Juftice, as well as by Vertuc of the Covenants and Sti¬ pulations, which they have made and contra- fted with the Indians , within, whofe Jurifdifli- ons, and near unto whofe Territories, there Cdiclor.im ( 128 ) CedldonicM Colony lies, to cover and proteft tliofe Afomwagainlb alltlie violences,whichtlicSpmVr/vb Shall caufelcfsly and injurioufly offer them.Which as it will be of wonderful Defence and Securi¬ ty, to the Natives, amongft whom they are re¬ ceived to dwell and to trade, againlt their Ancient , Conftant and Irreconcilable Ene¬ mies, fo it was an Act of great Difcretion and Prudence, in thofe Indians, that they have up¬ on the faid profpectand motive, welcomed the Scots into their Country, and admitted them to Plant, and to creel Forts within their pre¬ cincts. Hereunto may be added, that it is upon the Foundation and Bafts of the Native Americans, haying an Intrinfick and Legal power of re¬ ceiving Foreigners and Aliens among them, and an indubitable and unqueltionable right of al¬ lowing them a freedom, to fettle in their Coun¬ tries and within their Territories, cither upon the Continent, or in Iflands, that all the Planta¬ tions of the Europeans, and particularly of the Englijb in the Weft-Indies, are rendred Law¬ ful and Juft in the fight of God and of men. For whereas the E/Aijh were not the pri¬ mitive Inhabitants, nor the Original polftllon of thofe American Provinces, nor offeveral of the Iflands, where they have now many and large Colonies and Plantations 5 they muft either be accounted violent Invaders, and unrighteous Ufurpcrs of thofe Territories where they haw- fettled and Planted, or they muft dc ive their Right and Title to their being there, from fom: Ail of the Natives importing their Confuse to re¬ ceive them j whiih-she Indians cannot be a!- lowed to have been capable of giving, without a previous fuppofed right in them fo to do. Yea, the very Spaniard! upon their firft clifcove- ry of America, pretended no otherwife to fet¬ tle there, than with the Allowance and Confent of the Natives, as I have intimated before in and from the acknowledgement of Columbus , ; who was the difeoverer of the Weft-Indies , as ; it is recorded by Herrera , the Spam'jh Hiftorian : Tho’ it muft withal be confdled, that they ‘ did not proceed upon that principle ; but that into whatfoever places they were Mered to come, and w T ere received by the Indians, they i did there eftablifh themfelves by Violence, I and thro’ unjuft Wars, and upon the En- I Having, Maflacring and Exterminating of the Natives. There remains yet one Tropofitmi more, which \ is the third that I Promifed to lay down, in ; order both to the reprefenting within a.nar- 1 row view and compafs, the whole legal ground ; and foundation, upon which the Scots fettle- ; ment is Superftruclcd and Built, and for the de- raonftrating that their Planting in that place of the Ifthmtss of Darien, is according and agreeable : totheLaws of Nations,and confequently Lawful, 1 Juft and Blamelefs, uniefs vitiated and rendred - Illegitimate, and Culpable thro’ the Violation of fome Articles of Alliances , between the : Crowns of Great Britain and of Spain, which 1 fhall afterwards invincibly fhew that it is not. The propofition then, (and without which, the two former would be of no figni- ficancy nor fervice, to the decifion of the Que ftion under debate) is, that the Scots have had the Leave and Confent of the Natives K for for their Setting down and Planting in the place above-mention’d, and that they have neither forcibly Invaded thofc Indians , nor by Fund or Power wrelted that pan of their Territory from them 3 but that whatfoever they are be¬ come polfefs’d of, was by a Grant and Cor cof¬ fin of it from thofe Natives within whofe Ju- rifdiffion it lycth. For whereas the Scots did not find the place void, but that it was pre- occupy’d by the Natives , who were the true Proprietors of it, as well as of the Country adjacent thereunto, it isimpoffible that the Scon fhould have any Right and Title, for Sitting down and erefting Forts there, unlefs in the way of Ccnquefi , Surrender , or Confcnt of thofe who were the antecedent Inhabitants and Ow¬ ners, thefe being the all and the only ways met with and known in Laws, whereby the fubfequent Comers into a Country already pof- fefs’d and occupy’d, can acquire a Right and Title for Sitting down and becoming Relidents. And as the Scots do wholly renounce all pretence and claim of Conqitcfl , as the Ground and Foundation of their Settlement there 3 fo they do not challenge a Polfeflion, either of that particular place, where they have eretted their Works and made themfelves Dwellings, or of any part of the Country that neigh¬ boured! unto it, by and upon a plenary and full Surrender of it to the Calidonian Company, and exclufivc of the Natives retaining any Right in the place, fave as the Scots Hull ami¬ cably indulge and gratuitou-fly allow them; but the whole which they plead, is a Greet: from, and Confcnt of thofe Indians , who were the primitive and rightful Proprietors, for then fitting I (I? 1 ) fitting down in that part of the Country, and for the cultivating and improving it to their own ufe and benefit, and for the taking in fuch other places within their Territories as they lhall judge niece, and find themfelves in a condition to dilate, ilretch and extend their Colony unto. And the prefent Natives of that place, and of the Diffrids about it, be¬ ing as free from any fubjeefion unto, or de- pendance upon the Spaniards who do at this time poflefs and occupy any Colonies upon the Iftlmus, as the Anceltors and Prcdecellors of’ the former were at any feafon heretofore from and upon tliofe of die latter, it doth by a ne- ceflary confequence follow, and become natu¬ rally deducible from thence, that the Scots co¬ ming to fettle with die confent o r the Caciques , and of the Indian People under them, muff there¬ upon be in the like condition with the Na¬ tives , and no ways liable to any claim of the Spaniards , more than the Indians were and are, and therefore not to be held concerned in, or made cenfurable upon any complaints from the Court of Madrid. And that the Scots have the confent of the Natives , for whatfoever they have done in that part of America , I fuppofe no Man will be¬ tray fuch reproachful Ignorance of die prefent tranfactions of the World, or Ihew fir much impudent effrontery, as to deny it: Neverthe- lefs I lhall fo far fupererrogatc, as to give fome demonftrative and undeniable proofs of it. For fo prudent and difereet, as well as calm and temperate were they, who Comman¬ ded the Ships that Sail’d thither, and arriv’d on that Coaft about the beginning of Novem- K x (n 2 ) her, itfpS; and particularly they who were fent along in them to have authority over inch as were to land, and to be dinttors of the Co - lony that was to be eftablilh’d, in cafe they were receiv’d and welcom'd, that notwithftanding of Diftempers, that were among them, as well as of feveral other inconveniences, under which they labour’d, as alfo notwithftanding their having both a good Naval and a Land Force, they would not fo much as enter into the Pert or Haven, or attempt to let any Body of Men on {hove, until they were encourag’d there- unto by the Natives, and having had fome of them on board their Ships, weie invited by them to do it, and withal told that they were very welcome, and that they had long expe- fted them. Yea, ftich was their care, circumfpe&ion and tenderneft of cfcaping the very fufpicion of Invading that part of the Jftbmx, to which they had directed their courfe, and upon the particular Coaft whereof they fell in, that they would not difembark any of their Mili¬ tary Forces, and Companies of Soldiers, until by fome of the Principal among them, who went on ft,ore with the Indians, that had viii- ted them on board their Ships, they had ob¬ tain’d a Meeting and Congrcfs with the Cacuf..; in whofc Territory the Port lay, and had both receiv’d his Conjht lor their landing within his Diftricf, and had concerted the to; ms for their Settlement within the bounds of his Precindts; which Cacique, being one call’d CattAn Andut, did upon the fecond Meeting and -Congrefi between the Scots and Him, nor only agree to receive them into any part of his Country the. ( IJ?) would choofe to fettle in •, but took a Com- miffion from them, promiling that both him- felf, and thofe under bis Authority would af- Jift and defend them with the hazard and at the expence of their Lives. To which may be added, how that betides their daily and friendly Coverfation and Inter- courfe together, both at firft and all along fince teftify’d on the part of the Scots, by their prefenting the Natives with fuch things, as might be moll acceptable and pleating unto them, and witneffed on the part of the Inaians, by their fupplying the Scots with fuch Provi- lions and Eatables as they cither bred or could catch in Hunting, which they could fpare out of their bare and daily Livelihood and Subu- ftcnce ■, I fry that over and above all this, tho’ a fuffkient indication and proof of the Natives receiving them into their Country, and of their giving their lonfcnt to the Scots landing and fetling among them; There was a formal Com¬ pact and Stimulation tranfteted in the moll fo- Icmn manner, between Captain Andreas and them, and which was ratifyd on the part of the Scots , by their giving unto Captain Andreas a Sword and a pair of Piftols, and confirmed on bis part and that of the Indians, by their delivering a piece of Twf and Twigg unto the Scots, in token of the Grant which the Natives had made unto the Scots of a liberty to fettle and eftablifh a Colony in their Country. Moreover in further evidence, that the Scots have Erefted Forts, and Planted their Calido- man Colony with the confent of the Natives, I (ball finally obferve, how that upon the ap¬ proach of the Spaniards with fome Military K 3 Forces ( m ) Forces, to have either furprized the Scots, or in a fair encounter to have beaten and drove them from thence, the Indians in that diltrift were unanimoufly ready to have Joyned them againlt the Spaniards, and actually did fo with fuch a Number of their bell men, as the Sms out of a great Multitude that offer’d them- fdves, Judged convenient to entertain and re¬ ceive. Among whom as there was the C,?- cicftie's own Son; fo both be and all the reft of the Indians, that marched in conjunction with the Scots againlt the Spaniards, behaved themfelves with great Fidelity, and with as much Bravour, as the hidden flight of th eSpa¬ niards, would allow them occafion and opportu¬ nity of Manifelting. So that upon the whole, I may now ven¬ ture to conclude, that the fettlement of the Scots oil the Iftimw of Darien , is not only according to the laws of Nations Juft and Law¬ ful, and no ways Injurious to the rights of any, and that they have in all the Heps which they have therein taken, proceeded according to the Rules and Meafures, by which all the European Nations, who have eftablifhed Plantations in any parts of the World, do both Vindicate themfelves from obnoxioufnefs to blame in what they did, and do Jultifie their claim of Right and Title unto them, and for the de¬ fending and upholding of them: but I may prefnme with Modcfcy, as well as with Truth, lurcher to affirm, that there never was a Plan¬ tation or Colony fettled by any Nation what- lotver 5 or in any part of the World what- foever upon jufter principles, or whofe efta- blifirment hath been tnnfaclcd, with more Fnirncft OH). Fairnefs and Candor, and with all due refpect to the reafonable pretences of every one that had but a lliadow or feemingnefs of claim, as well as with a tender and full regard to the property and right of the Natives, whofe both confent and entreaty they have for authorizing them in what they have done. Having then fully both declared and de- monftratcd the legality of the Scots, having Planted a Colony on the Iftbmus of Dane;7, and given a deduction of the grounds of Law and Juftice, upon which that eftablilhment is Founded and Built, and by which it is evi¬ dently vindicated, front all the exceptions and complaints that are or can be made agaiiift it by the Spaniards, or by any others charging it as unlawful, invafive and criminal': It may poffibly be faid in favour of the Spaniards , that tho’ there be no llfurpation made thereby up¬ on their Rights, yet thro : the Aijaccmy and Nearnefs of that Plantation, to the Colonics which the Spaniards are allowed to be right¬ fully poflefied of, upon the Ifthmns , the Scots have not ached fo Kindly and Amicably, as might have been expefted from the fubjefts of a Prince and Potentate, who is in a firm Alliance, and under all the bonds and meafures of Friendfhip, with his Catholick Majefty. And therefore that tho’ that Settlement, be- neither againft the Laws, nor the Rules of Juftice, yet it is a Violation of thofe terms of Decen¬ cy, and of Bicnfeance, which ought to be obfer- ved among Mmimxbs, that are fo cordially United in Royal and Brotherly Correfpon- dence and Amity, as his Brltatmick Mtjcjfy and the King of Spain are known to be. But in K 4 reference ( ij<5) reference to that allegation, there are feveral things which lie obvious to be'offer’d. Namely, That by this exception, the Scots are only ccntable for having trefpafs’d againft the Ceremonies and Pun&ilio’s of vvliat is call’d Genteel and good Breeding: But not for ha¬ ving offended againft the Rules of Juftice, or for having violated the Laws of Property. So that tho’ they may not havea&cd fo man¬ nerly as fome People would have had them, yet they have done nothing that is unlawful and unrighteous. Nor was it hitherto ever ex¬ pected, and muchlefs requir’d, that a Nation, rather than to be deficient in a Complement, fhould both neglect and abandon their Intereft. Moreover, whatfoever refpedt the Subjects of any Soveraign ought to have unto the Rules of complacence, and the ceremonies of Royal Courtfhips, by and according to which Crown’d Heads do conduct and govern thcmfelvcs to¬ wards one another, while Matters regarding the Benefit and Profperity of a Kingdom do fall within the compafs of the perfonal tranf- adtions of a few, or do lie under private de¬ bates, and antecedently to their being digefted and concerted into Parliamentary Bills, and before thofe Bills be ratify’d into Laws, and pafs’d into vlils yet there is no deference of that Nature payable, nor any obfcrvance to be had of meer ceremonies of Courtlhip, after they are difpenc’d with, and fuperceded by a Statute, and the affair wherein they were to have been pradtifed, is become authorized by a Mu¬ nicipal Law. ( i?7 ) further it mult neceflarily alfo he granted, that the place where the Caldionian Colony is eftablifli’d, is no nearer to the Spamjb Planta¬ tions, by its being in the Hands of the Scots, than it was while iu the alone, and foie Pof- feffion of the Na’ives. Nor is there fo much reafon or caule, why the Spaniards Ihould tear the meeting with any thing that may be un¬ civil or hurtful from the Scots, as they had rea¬ fon to apprehend and dread from the Indians, in that the latter are not only a rude and bar¬ barous People, but their ancient, inveterate, implacable and mortal Enemies} whereas the former, are bonii a civil, generous, and Chrilti- an People, trained up in all the mcafurcs of Humanity, good Breeding, Morality, and Re¬ ligion, and governing thenifclves by the Laws of Revelation, as well as of Nations and who withal have never been in War, nor arc deii- rous to have any Hoftility with them. Yea, the Alliances between the Crowns of Great Britain and of Spain ought to obviate all Jea- loniie in the Spaniards, of their having any thing that is cither undecent or injurious of¬ fer’d unto them by the Scots, who are Subjects under a Monarch that is in affinity with UhCatbo. lick Mnji jly. Whereas thro’ want of Leagues and Stipulations between the Spaniards and thofe Indians , into wliofe Territories theSm* are re¬ ceiv’d, they had ground of being always and juflly fufpidons, that fuch mifehiefs would be done them, as the power of thofe Natives could enable them to attempt and execute. Further, if the eidjaccmy and nearnefs of the Slots Plantation unto the Span^fb Colonies prove matter of offence unto the latter, and of com¬ plaint ( *38 ) plaint againft the former, the fault thereof is wholly to be lodg’d upon the Spaniards, and therefore the blame ought entirely to fall up¬ on them. Seeing whatfoever the Scots are come into the podeflion and occupation of, they have a juft and legal Right thereunto, from the grant and confent of the Natives, who were the undoubted and true Proprietors there¬ of ; whereas the whole which the Spaniards do there poftefs, and all the Colonies which they have fettled, hath not only been done with¬ out the leave, but againft the will of the an¬ cient and rightful Owners. So that by reafon of the badnefs of their Title, which flows from Ufurpation, and is built upon their ha¬ ving unjuftly invaded what belonged unto o- thers; the whole of a reafonable Accufation, and of a juft Complaint, doth lie againft them, and their Plantations; whereas the Title of the Scots proving legal and good, thro’ their having come to inhabit and fettle with the al¬ lowance, and upon the invitation of the Indi¬ ans, the neamefs of their Colony to thofe of the Spaniards, doth not make them or it obnoxious to any juft and rational Expoftulations or Re- monftrances. Nor is the cafe of the Spaniards made bet¬ ter bccaufe of their Colonies being eftabliflfd long ago, or the condition of the Scots ren¬ der’d worfe, by reafon of their having but lately begun to lit down, and to plant; in that the Tide of the one is good from the firft mo¬ ment; whereas no length of time can ever make the claim of the other juftifiable: For as all Lawyers do fay, and particularly Crotim, That tcmpiss in fe nnllam babet vim ejfeclricem, that ( M9 ) that a pofieffion which is acquir’d unjultiy at firft, can never be render’d juft by a continu¬ ance in the long occupation of it: So a Title unto a Place, and a Right in a Settlement, by the grant and with the confent of the true Proprietors, is equally good, juft and va¬ lid in Law the firft day, as it will be after the having been inherited a Thoufand Years. Moreover, there is not that nearnefs of the Calldonian Colony to the Plantations which the Spaniards have upon the Iftlmm of Darien , as fome thro’ ignorance of Maps and unacquain- tednefs with Journals , may, upon a general noife and clamour, be inclin’d to imaginej feeing none of the Settlements, which the Spaniards have, and whereof they are in the aftual pofieOion and occupation, are within left, diftance than fifteen or lixteen Leagues of the Scots Plantation, which is enough not only to filence the report, and to put an end to the pretence of the adjacency between the Colonies of the one and the other, but for the giving large bounds for determining between their Properties and Jurifdiclion, and for chalking out limits of divifion and reparation betwixt what can any time refonably arifte, and come to be their feveral and refpective Claims. And as they who would extend their pretence of Right and Jurifdiclion fifteen or lixteen Leantcs beyond what they are a&ually poflefs’d of, may as well enlarge it to a thoufand ■ fo nei¬ ther do the Titles of Princes unto their vari¬ ous and different Dominions and Territories depend upon the nearnefs unto, or the re- motenefs of their Lands from each others, hut. upon the legal Property which they have, ( I 4° ) and their being either in the actual pofieftioti of them, or of Countries, Cities, Towns, or Places, upon which they do depend, or upon the retaining a claim by vertue of .an here¬ ditary Right which they have not renounced, But they mufc not only be ftrangely unac¬ quainted with Hifiones as well as with Aty q but ftand ignorant of what every Traveller can inform them, who do not know that even in Europe there arc Sovereign jurifdi&ions and Principalities, furrounded by and inclofed with¬ in the Dominions of other Princes, whereof a- jnong many others, Or awe and Avignion are undeniable Instances. Nor is it poflible to be avoided, but the Lands and Territories of all Neighbouring Princes whatfoever, who do live upon Comhdius, mull: be Contiguous in foiliC one place or another. And tho’ the limits of feme Princes Countries, may in fome places be divided from thofe of other Potentates by rid¬ ges of Mountains, or by coniklerable Rivers •, yet for tire moll part they arc no otherwife diltinguiihcd and i'cparated, than by a road, a ■ hedge, a brook, or by erected Pillars of wood, or by fbones which are fet up here and there. Finally that wherewith the Scots Hand char¬ ged, and whereof they .arc in this particular accufcd, is no more than what is pradlifed by all European Princes, and States in moft parts or the World, where they have fettled Co¬ lonies- and Plantations, and that without the Infraction of the bonds of Amity and Alliances between them, or the being thought to tref- pafs againft the rules of Decency and Rcfpeer, which the Rulers of Kingdoms and Repub- ( i4i ) lick?, are accuftomcd to render to each other, of which it were eafy to affign many undenia¬ ble inftances, but I (hall confine my felf to a few. ’Tis fufficiently known, that all along on the Co,ift of Jfrick, and particularly on the River Gamhc , the E'glijh, Fraxh , and other Euofcans , have their fettlcments intermixed and contiguous, without clamouring againlt or Impeaching of one an other, on die fcor’e of Adjacency. Nor is it to be denied, but that as Ceuta, Edgier and ALmma, do lie in the bofom of the Empire of Morocco •, fo that they have been pollelled by, and have belong¬ ed to diiferent European Potentates, without their complaining of one another upon that Motive. Neither is it to be in die lead coa- tradifted, but that the Fuglifh and French have their feveral and refpeefive Vlr.ntMons^ on the Jpnd of Nnvfoimdhv’J, where, favc in the time of actual War, between thefe two Crowns, they live in all friendlinefs together, each of them following, carrying on., and promoting their feveral F,Jhcrics , in and by which as many Seamen are bred as well as employed, and Na¬ vigation greatly entreated, and Multitudes of Ships advantageoully ufed , fo with a little coft tl lat i: > disburfed on Nets. and on Diet for Saylers, (which alfo turns t o a Nat .ional benefit . and gain) tb.crc is more Wealth fiovv- eth an nually r into the Kin; gdom. , or at lealt might, , if i that Tr.uic vvci re cm couraged , and cultivi ited a< > it deferveth at id out 'lit to be. , than by any ' one branch of our Maiv ufacture \ .vhat- foever , to t he Fabricking v there; of to make it Mcrca ntile, there is fo nine li prei tious ex pence reqnir cd. ' fhc fame might : be inftanced . with 'fneS ( 142 ) refpcct of the Jpnd of St. Chrlfiophcr s, which bcloiigcth half no the Englijh, and half to the French, tho’ neither of their (hares be well peo- pled or Cultivated. Whereimto may be alfo added, that the Dutch and Portugucfc have their different and refpe&ive Plantations, on the coaft of Brajile, without any mifnnderftanding or quarrel be¬ tween them on that account, and to which the Spaniards do pretend as much Right, as they do to the Jfthmns of Darien. Yea the Ijlad of St. Thomas, which is Poffeffed by the Dams, is not far diftant from Porto Rico, which is in the occupation of the Spaniards •, as alfo very near unto St. Thomas , lyeth the Crab IjhrJ., which is pretended unto not only by the Spaniards, and the French, and particularly by the Danes, but likewife by the Englijh, who were once Poffeffed of it, and which I do wonder they endeavour not to repoffefs them- felves of, feeing as it is now void, fo it isof very great importance initfelf, and would be of wonderful ufefulnefs to their Plantations, were it in the Englijh hands, and fecured by a good Military force, without which they well be fure to be Murderd in, or foon drove out of it by the Spaniards, that inhabit Porto- Rico. And to conclude this Paragraph with one inftance more, it is obfervable that whereas the Englijh (as I intimated before upon another occafion) were in afttial Poffeffiou of all the places adjacent to, and Snrrounding the Mon- hados, which lies betwixt long IJland and the Main, and is fometimes reckoned a part of long IJland, the Dutch finding it unoccupied cither 043) cither by the Englijh, or by any other Europe¬ ans, fat down and fettled a Colony upon it, in a time of Peace between his Britannick Ma- jefiy and the States of Holland, and called their chief Seat and Fortification^ there, by the name of New Jmftcrdam, tho’ it was. wholly en- compalTed by, and in fome places immediately bordered upon the Englijh Colonies , without fo much as the interpofure of a River. Whereof the Englijh were fo far from complaining, and much more from making it a matter, and caufe of Hoftility between the E-ngliJh Crown, and the Belgick Republic!;, that even upon breaking out of the War 1672, when all things were al- ledged, that could adminifter the lcaft Iha- dowfor Juftifying the commencement of it, on the part of the Englijh who were the Aggref- fors, that of the Dutch having fettled on the Mouhados, was not fo much as once mentio¬ ned, nor in the Treaty of Peace in the year 1677, was it ever brought under Debate, in the Congrefs between the Plenipotentiariesoi Eng¬ land m& Holland. But after the re-entrance of thofe two powers again into terms of Amity, it was by a private capitulation at London in the end of that year, exchanged (as I have al¬ ready faid) for Surinam. Now the foregoing Exception made by the Spaniards, in relation to the Scots, having afted, if not unjuftly,at leaft very difingenuoully, and un¬ kindly in the fettling ofa Colony fo near unto there Plantations, having been fully coniklered in the lalt Paragraph, and the wcaknefs and vanity of it fo abundantly laid open and Manifefted, that no man will offer to revive and inlift upon it for the future, without incurring the forfeiture ( i44 ) of his reputation, I (hall now proceed to exa* mine the Precenfion and Allegation, of its be¬ ing an Infraction of the Treaties and Mimes between the Crowns of Great Britain and of Spain • for the Scots to have Landed and begun to eftablilh a Colony, upon any part of the Ijth- mus of Darien. And I lhall the rather bring this to an exact Scrutiny, and under a parti¬ cular and accurate difquilition, in that it hath been diftinguifhingly mentioned, and politic¬ ly aflerted in the Memorial that was prefen- ted to his Majejly , by the command and in the name of the Kina of Spain. In which that Tact of the Scots is (tiled La rapture dc Valliance qni a cjle toujours entre ces deux Conronnes,Lacp:elle Ja Aiajcjlc dlEfpagne a obfeyjcc jiifjacs icy , & objerve tousjours fort Religicufcmetit , An Infraction of the Alliance which is between the two Crowns , which His Spanifh Majejly hath hitherto obferv’d, and will Religioujly do fo. Which Refolution of His Cnbolid Majejly to keep and withal facrcdnefs to obferve the Alliances which he or his Predcccflbrs have made with the Kings of Great Britain, as it is Noble, Princely andChri- ftian (hind which I vvifh the Crown of Spain had better attended, and ached more confo- nantiy unto in their proceedings iince in rela¬ tion to this affair, but which hereafter we lhall (hew that they have not) fo it deferveth to be correfpcndcd with, and anfwer’cl in tite fame manner, and with the like mcafurcs of Fricndlhip, Honour, Veracity and Religion. Nor is there any thing more difgraceful and ignominious in the efteem of Men, as well as lmful and criminal in the light and account o; God, than for Mcnarchs to violate their Ro> ( *4? ) al Compacts and Agreements, whether with one another, or with their own Subjects, with¬ out provocations adminiftred to them, where¬ by the Confederacies and Covenants do be¬ come caufally and morally dilfolv’d. And if it be univerfally acknowledg’d, that Potentates having made Compafls with their own Snbjetts are bound in Juftice, as well as in Truth and Honour, to perform them \ much more mult it be confefs’d, that they are oblig’d to keep and obferve the Agreements which they have made with Princes and States that have node- pendance upon them, but are upon an equal foot with themfeives. Yea, if a King cannot without Iniquity violate an Agreement which he hath made, with Subjects that had been Re¬ bels, fo as afterwards to punilh them for that Rebellion, in reference to which the Stipulation- ms, as being pardon’d by the Tenor, and in the vertue of the Treaty, much lefs can he break the Articles of an Alliance with Sove- raign Rulers, who tho’ they may have been E- nemies unto him, could never have been Re¬ bels. Nor are any Perfons whatfoever, fo much concern’d to be exact and punctual in keeping their Faith and in performing of their Promifes as Fumes are, and that upon the Motive of Credit and Reputation, as well as by reafou of the obligation of Confcience: For ms Padre Paolo fays (alluding to a palfage of Livy) That a Prince who violates his Word, mufi invent a His Opium new Religion to make hitnfelf believ’d another time, i'' e(7e ' feewg the Oaths be made in the Religion he f f o- fffid, have not been able to bind hinr, fo there swe.p.24. is more in that of Tachns, than many are a- ling, Edit. L ware ( M« ) Ware of, namely, Ceeteris- mortalibus in eo flare Annal. lik concilia, quid conducere Jibi patent prrincipam d.i- 4-Mo- verfam effe fortem , qtiibus pracipita reram ad fa. mam d.irigenda: 'That while all others may adapt their Projections and CondaEt to their Inttrefl , it behoveth Princes to calculate their Pdcfigns, and to manage all their Tranjaclions and Hdminijlratms in fabftr-viincy to their Honour and Glory. ■ And as both a German Emperor, and a King of Prance are reported to have faid, That if Faith and Truth were loft in the World, they ought to be found in the words of Kings; fo whatfoever Stipulations have been made with the Crown of Spain , by His Majeflys Prcic- ctjfors , as they were the Governors of thefe Kingdoms, and the Rectors of the People; they do no lefs oblige him who fits upon the Throne, than if they had been firft ftipulatcd, and immediately contracted by bmfelf. And as all the Leagues which are by Civilians ftil’d Real, do not only oblige the Contractors, but thofe who fucceed unto them in the gover¬ ning Power, unlefs it be otherwife provided in the Articles of the Alliance, fo all fuch Treaties ought to be even obferv’d by them that are their Subjects, and that upon the Mo¬ tives and Obligations of Confidence, as well as upon the Foundation and Reafon of their Civil and Political Obedience, which they are to render unto his Commands in the vertue of his Authority. For fiich Treaties and Al¬ liances being tranfacted in the force of that political Power wherewith Rulers are veiled over their Subjects, and being concerted and made, with refpect to the benefit and advan¬ tage of their People, they are, in the confirm ftion of the Law?, and in the opinion of Na¬ tions, the afts of the People themfelves, no lets than they are the deeds of thcfe who are their Sovereigns. And indeed that is rightful ly fuppos’d to he the Fact of the Community , which is done by the Supreme Rider in the ver- ttie of the Authority that is ftated in him by theLaws,and confcquentially to thatTruft which the Subjefts have repos'd in him. So that fhould the Scots , thro’ their Settling at Darien, appear to be guilty of having violated any Ar¬ ticles of folenm Tremits, and of having afted contrary to any Chafes in public Leagues, they would therein not only have done what was injurious to the Crown of Spain, but that which was both difloya! and difnonourable to their own King. And as the F,.tt in the criminal- nefs of it, doth originally and immediately on¬ ly affect the Scots , and is no ways imputable unto His Majcjfy , fave as he Ihould, in cafe it be a trefpafs again# Treaties, fupport and pro¬ tect them in it; ft they are bound both out of the Duty which they owe to His Ma- jrjiy as their Sovereign, and in Equity as well as in Deference to the King of Spain, either to return home from Darien, and abandon their Delign, or elfe to vindicate thcmfelves from having done any thing in that matter, whereby Treaties and Alliances are violated. And if they cannot do tire latter nor will do the firmer. His Majcjly will not only be highly justifiable in the declaiming to countenance and defend them, but he will be oblig’d in Truth, Honour and Juftice, to exert that Authority and Power which are plac’d in him over his (, 4 S) of Spain, and reparation made unto the Sp^ But that His Majefty , inftead of falling un¬ der the neceflity of doing a thing of that nature, which will both fo much injure, difoblige and difguft the Scots Nation, I fliall* endeavour to make it evidently appear, that he may not on¬ ly uphold and protect them, without either prejudice to his own Reputation and Glory, or any wrong done to the King of Spain, who is his Allic, but that he is indifpenfably ob¬ lig’d as he is their King, as well as in purfu- ance of an Aft of Parliament, and of his own Royal Grant, to cover them from all the vio¬ lences which lhall be offer’d unto them. And this I fnall do by dcinonftrating that the Fuel of the Scots, in their Landing and Settling at Darien, is no ways inconliftent with, nor done in violation of any Leagues, Treaties and AH- wees betwixt the Crowns of Great Britain and of Spain. And here I mull; challenge the tak¬ ing it for granted, that there are no Trea.rn between the Kings of England and of Spain, but what are public!;, and which all Men are or may be acquainted with. For if Laws themfelves, in the judgment of all Mankind, do not bind and oblige, antecedently to their being promulg; ted and publilh’d •, much lefs are Subjects co:: cern’d in the obfervation and keeping of Tru- ties, unlefs they have had due information and notice given of them. And fhould it be gian¬ ted, that fuch Federal Contrails which Civilisi:: (tile Perfiml, and which do only refpeft d: particular benefit of thofe Princes who do con- traft them, and do terminate in their iingk and perfonal Intereils, without either afieftinj ( 149 ) their People, or their Heirs or Succefl'ors, I fay Ihould be it allow’d, that there is no necef- iity why thefe Stipulations Ihould be promul¬ gated and made publickly known; yet it is abfolutely rcquiilte, that fuch Agreements and Compacts fhoald be fo divulged as that they may be generally underftood, wherein the fe- veral refpeCtive Intcrefts of many and va¬ rious Kingdoms and Dominions, and of different and cliffinct Sovereigns are both in¬ volved and adjuftcd, and whereby the car¬ riage and behaviour of their People and Sub¬ jects Hand regulated towards one another in fuch and fuch parts of the World; and fuch are the Leagues and Alliances pretended and re- ferr’d unto in the cafe before ns. Now the only Treaties between the Kings of Great Britain and thofe. of Spai??, by which both their own, and them Peoples refpective concerns in America are _ adjuftcd and regu¬ lated, and the carriage of their Eritannick Ma¬ yfly's Snbjefls towards the Subjects of their tholick Majeftie , and reciprocally of the Sub¬ jects of the Spanijh Mat.ardy towards them of Great Britain, and of the Dominions there¬ unto belonging, Hand directed and arc made governable, are the Treaties of May 13.1 66 7, and of July 1670. Which as they are the only regulating Treaties between the two formention’d Monarch in relation to their fevcral Domini¬ ons, Provinces and Poifcllions in America , fo it is by applying unto and confuting thofe Two Treaties , that wc are to examine and de¬ cide, whether the Scots in their having lan¬ ded and begun to eftablifh a Colony upon the Jflbmns of Darien, have made themfclvcs guil- L 3 ty ( ) i:v of the Infraction of Alliances , which I do pfitivcly aliirm, and fliail demonftratively prove, that, by thofc Facts they have not done, nor ought to be fo reprefented or efleemed. Seeing it will uncontrolably appear unto every one that will afford himfclf time and leifure to view the Treaties , and to penile the Articles concerted and agreed in them, that they were meerly declarative of what was confefs’d to be in the legitimate and rightful Pofleilion of thole two Kings, and regulative of what Ihould be the behaviour of tlicir feveral and vefpe- ftive Subjects towards each other in America, as alfo reftriftivc with reference to their Claims of any Title or Right to the Provinces, Iiknds and Territories, which either of them were in the poffeflion and occupation of:, but that they were in no ways, or manner executive of, or predujive Rom dfeinbfettling Plantations in Rich other Conutries, Dittrich and Places, as were neither pofleft’d and occupy’d by them, nor by any other European Princes or States. And whereas the Treaty of 1670, is that whereby the mutual Interells and Pofleflions of the Kim of Great Britain and of Spain are provided tor and adjufbed, it may not be a- mifs to intimate, the occasion and reafon of thole Regulations , which were concerted and made by "that Alliance. Namely that the Crown of Spun having antecedently thereunto laid Claim to all America, as or right belonging unto His Catholick Majcfty, and having accoun¬ ted all the Settlements of every one elfe, and particularly of the Englijb within that vaft Con¬ tinent , as likevvife in^the America?’ Iflnnds , to (I$1) have been fo many Invafions upon their Right, it was concerted and agreed by that Treaty, that this univerfal claim and pretence of Title of the Spaniards Ihould be renounc’d and dis¬ claim’d. And that the pofleffion of the Crown of England in fuch Territories and Places where the Englijb had planted, Ihould be confefs’d and acknowledg’d to be legal, rightful and good. Which was the foie and alone bufinefs that was defign’d and compafs’cl in the fore- mention’d Treaty. For whereas by the Treaty of 1667, there was only a general and perpe¬ tual Peace concluded and cfhblilhed between the Dominions and Territories of Great Bri¬ tain and thofe of Spain, without the particu¬ larizing of any thing that refpeefed their fe- veral Plantations in America. And whereas the Kings of Spain had always quePdon’d the Riga of the Kings of England to their Ame¬ rican Plantations, upon the ground of an uni- verfal Title, which they claim’d to all the IFcJl-Indies , and had particularly controverted the Right of their Britamnck M.-yfiics to fe- veral Plantations which had been made by the English in the American part of the World, upon pretences and allegations, that the Eng- lifi had forceahly drove out the Spaniards , and thereupon gotten into pofleflion of feve- ral places that had formerly been enjoy’d and occupy’d by them - 7 therefore it was that upon thefe conliderations, that whole matter came un¬ der particular Regulation and Adjuftment in the Treaty of 1670;, in and by which the Right and Dominion of the King of Spain in thofe Countries, lllands, Provinces and Territories, whereof he was pollefied, and fo far as they L 4 were ( 1*0 wert in the actual occupation of the Spaniards^ being confefs’d, and provifion made for their quiet and peaceable enjoyment of them: There was likewife a formal and explicate Return ela¬ tion of all Claim made by the Spaniards to whatfoever was in the Englilh poflelfion; but not one word or fyllable, fo much as once mention’d in that whole Treaty , concerning and relative to fuch parts and places, as were not at that fcafon in the occupation of the one or of the other. Nor can it, in confiftency with good Sence and Reifon, be imagin’d, But that if the Right of the King of Spain to all thofe Territories and Diltrifts in America, which were neither in the actual occupation of the Spaniards , nor of any other European Princes and States, fhould By that Treaty have been acknowledg’d to appertain and belong to the Crown of Spain, their Tide thereunto would have been fpeci- ally inferted and declared, with an exprefs excluilon of all others, that fhould afterwards defign to be Planters in thofe void places of the Continent and Iilands of America . Nor is it to be doubted, that if the Right of the Spaniards had been to be confefs’d and own’d in that Treaty to all the parts of the Conti¬ nent and Mauds that were not polfefs’d by Europeans, but that the landing and fettling rhere, in order to plant, without freedom and liberty previonfly granted by the Crown of Spain, would have been fpecify’d as an act of Hofli- lity and Infraction of the Alliances. So that there having been no fuch care taken, nor provifion made in the foremention’d Treaty, jit is an indifpenfible evidence, that the whole , which ( M3 ) which was thereby defign’d, was only to adjuffc and fettle Matters, in relation to what each of thofe two Crowns were a&ually in pofTcflion of. And that they were left {fill under an equal freedom of fettling in any new Places that were, void and unoccupy’d, and no more in the hands of the one than of che other. Nor can it fall into the thoughts of any, who have not loft their Underftandings, that the Englifh who are a trading People, and who finding their Intereft and Profit in their Wcfi- India Plantations, defign’d to extend and en¬ large them in whatfoever other parts ot A- merica they could, where Settlements might be made, without Invafion upon the Rights of Europeans, fhould by that Treaty be conclu¬ ded and ftak’d down to plant in no other places of the Wcft-Iudics , fave in thofe, where they had Colonies at that time. So that the whole which was decided, adjufted and ftipu- lated in and by that Treaty, amounted only to thefe two things: First, That by the 7th Article , The King of Great Britain and his Heirs and Sncciffors, fhall have, hold , and pojfefi, with full Right of Empire , Property , and Pojfcjfion , all Pands, Regions , Ifles , Colonics , and Pordjhips, fi- tmed hi the Weft-Indies, or in any part of A- merica, which PJis -Mnjcfly King Charles II. did then hold , or which Pin SnbjeBs did. then pojfrfs-, fo that no Coutrovofy whatfoever was afterwards to be rais'd or mov’d in reference to that Matter. And, idly , That by the 8 th Article, The Sub¬ jects of the faid King fhould abftain from all Commerce and Navigation in the Ports, Ha¬ vens, and Places, having Forts, Caftles, or Sta¬ ples for Commerce, that is, That the Subjects •J Great Britain fhall not Trade nor Sail into the ( i54 ) the Ports and Places which the King of Sm k hath in the Weft-Lidlcs, nor the Subjects of'the King of Sfnin Trade or Sail to the places which the King of Great Britain doth there poflefs, without Licences mutually and recipro¬ cally given in the'words and terms, which were fpecify’dand fee down in a Schedule annex’d to the Articles of the Treaty. From botli which it doth dennonflxativelj appear, that all ftipu rated about and agreed un¬ to in that Treaty, was, and is, that die Paid Kings and their Subjects, Hull not only fere- rally and refpectively forbear the Invading o; fuch others Territories, and the injuring of on; another, but that they Hull not Navigate, nor Trade in the Ports and Staples that do belong unto either, five under fuch provilions, limi¬ tations and terms as are agreed upon and expreffed. By neither of which are the Kir# of Great Britain, or their Subjects Ihut out:, debarred or excluded, from Sayling into fucli Ports, Havens and places of Jmerka, and fet¬ ching Plantations any where there, as either are not inhabited, or where the King of Sped; not in poflcflion and occupation. But to fet this matter yet further in fuch a dear and diftinct light, as that they who are the molt PrepolMed and Prejudiced, may fee, and be oblig'd to confcfs, that the Scot. have proceeded in the whole affair of their Cdkloum Settlement and Plantation, both at' cording to the meafurcs of Law, Juflicc and Equity, and with a full deference and refpecl unto, and an entire compliance with tired- tides of the publick Treaties , and particularly of that of 1670 : I {hail call over the Head; or ( ill ) of fome of rlie Articles of that Treaty, and make tliof: rcflc&ions upon them, which they do Naturally fugged and offer. Whereas then it is Stipulated, agreed and provided by the Second An id?, that there fhall be a Firm and Vniverfd Peace in America- as well as in other parts of the World, between the Kings of Great Britain and Spain , and be¬ tween the Kingdoms, States, Plantations, Co¬ lonies, Forts, Cities and Dominions which do belong to either of them, and between the People and Inhabitants under their refpeftive Obedience, ic doth from thence undeniably appear, that as both the Kings ivere fet upon an equal foot, and did treat for tlicmfelves, and for the people, and Inhabitants that were under their rcfbcctive Obedience, and no fur¬ ther nor for any other, fo it is from thence no lefs evident, that all matters and things were left untouched, and undetermined, that did concern and relate unto fuch places and parts of America , as were either wholly void and not at all Inhabited, or that were inhabited on¬ ly by the Native Indians, which as that part of the Ifihmasoi Darkn was, where the Sects have Landed, ancl are now begun to fettle fo it doth in the way of liccelfary confequence from thence undeniably follow, that by the faid A, tide, it remained Free and Lawful, either for them, or for any other of his Eritannick MajeltyL Sdjctts, fo to do, and therefore that there neither is, nor can thereby any Violation , or Infraction be made of the Allian¬ ces, between the Crowns of Great Ei train and of Spain. For in that the Right, Titles and Claims, of the Kings of Great Britain and Spain, Spain, are defined by and circurafcribed unto fuch Regions, Territories, Plantations, Colo- nies, &c. as do feverally and refpeftively, be¬ long to either of them, it is thereby made im- controlably Manifefi, that neither of them, by that Treaty had any Rights and Claims granted, and allowed unto them in reference to any places in America, further than as they were pofTeficd of them, and fave as thofe pla¬ ces were in and under their actual occupation. And confequently that by the chief purport and defign, and by the whole Tenor of the Treaty, it was left free for each, or either of j them, to make new acqnilitions, and to elhbliih new Plantations in fuch parts and places of the' Weft-Indies, whether upon the Continent, or in Iflands, as were inhabited by the fubjects of neither of the two Kings, but were either (as I have faid) wholly void, or poflefled by the Native Indians. Moreover whereas it is Covenanted, adju¬ red and provided by the Eighth Article, that the Objects of their BTmvuk Mujefties, (hall not Sail into, nor Trade in fuch Ports, Havens, &c. as do belong unto the Catholick King, unief; with leave, and upon the terms which are there fpecifiedit doth from thence evi¬ dently and unqueftionably follow, that they are left at liberty to Sail into, and Trade in fuch other Ports and Places, as are not the King of Spain’ s. And therefore that tire Port into which the Scots Sailed, and where they arc eflablilhing a Colony, being neither then, nor having been at any time fince, in the pofleflion of the Spaniards, they are in their having fo c m) of any crime or mifdemeanor, or of having in the lead tranfgreffcdagainftpublickandfolemn Treaties. Further whereas it is concerted, and agreed by the fame Article, that the SnbjcBs of the Kim of England fhould not Sail into any Ports or Havens, that had Fortifications, Ma- gazins, or Warehoufes polfelfed by the King of it may from thence be Apodiilically Inferred and Concluded, that it continued Free and Lawful for them, to Sail into Pom, and to Trade, where there were no Fortifications, Magazins nor Warehoufes at all, and much lefs any appertaining unto, or in the Poffelfion of the King of Spain. Both which being unque- ftionable with reference to Acla, and the Creeks, Ports, Harbours and Places adjacent thereunto, it may thereupon be juftly affir¬ med, and folidly concluded, that neither the Scots , nor any other of his Eritannick Ma jelly's SttbjeBs , were by that Treaty precluded and debarred from Landing, Trading and Settling there, and that the Scots thro’ their having fit down, and become Planters in that place, are altogether innocent of the Infraction of any fuch Alliances. Moreover, whereas it is agreed and provi¬ ded by the tenth Article , that in cafe the Ships that do belong to either of thofe Kings, or to the Snbjetts of either of them, fhall by ftrels of Weather, or otherwife be forced into the Rivers, Creeks, Bays, or Ports belonging to the other in America , that thereupon they fhall be received kindly, harbour Rifely, and be trea¬ ted with all Humanity and Fricndfliip 3 it may from thence be inferred and deduced, that as ( * 5 8 ) both the Kings are thereby Rated upon an e- qual bottom and foot, and the rights of both, and of eacli of them refpeftively are reftri- cled and determined to particular Rivers, Creeks, Bays, &c. fo it is alfo thereby mutu¬ ally confefled and acknowledged, that there are other and of all thofe feveral Kinds , in which neither of them have any Property, Intereft or Concernment,and that it might be free for the Ships of either of them to Sail into fuch, and there to Anchor, and to furnifh themfelves with what they wanted, and the places affor¬ ded, and to continue there during their own Pleafure, and to do in fuch places, whatfoever they fhould judge to be for their Advantage and Intereft, without incurring the imputation of being accounted injurious to one another, or of becoming liable to a charge and com¬ plaint againft them, of having Violated Mi¬ mes, And by confeqnence, that the Port Ada being fuch, the Scots might Sail thither, land and'fettle there, without either asking leave of the Spaniards, or of becoming there¬ upon cenfurable by them, of having therein done any thing, that is either againft the Laws of Nations, or an Infraction of Alliances and Treaties between the Crowns of Great Britain and Spain. Again whereas it is Concerted and Stipula¬ ted in the Fifteenth Article , that Nothing in the faid Treaty lhall derogate from any frehemimnee Right and Dominion of any of the Confederates in th sc American Seas , Channels or Waters, but that they lhall have and re¬ tain the fame in as full and ample manner, as may of right belong to them, with and under ( *59 ) under the provifion, that Navigation (hall not be difturb’d; I delire in reference to that Ar¬ ticle that it may be obferv’d, how tho’ the Crown of Spain having made a claim of Privi¬ lege, Pre-eminence and jurifdiciion in and o- ver the Amcrican-Soas, which was no ways granted and yielded unto them by the Qown of England, bat the right in and over thole Seas left in the fame (late that it was before - 7 yet neither in that Article, nor in any other of the faid 'treaty, is there any claim of Ju- rifdiction, Sovereignty or Dominion, made by the Spaniards , either over fuch parts of the Continent or of Illands, whereof neither they themfeives were poflefs’d, nor a right of Pro¬ perty and Dominion in and over them, had been claimed by and granted to the Englijh, of which omiffion of the Spaniards, there can be no other reafon aflign’d, but that they knew no claim of that Nature would have been al¬ low’d them •, and tint the very mentioning of it, would have occalion’d a formal, explicite, and Populated Redu&ion and Reftriction of the pretenfions of Title and Right in America, to the bounds and limits of what is actually occupy’d by them, which they were not willing to have decided and determin’d by an exprefs Contraft and Stipulation to the making and rectifying whereof there w T as their own con¬ currence and confent. Tho’ in Fact no Na¬ tion will grant them a right of Property and Jurifdiftion in and over more, nor have any European Princes whatfoever hitherto done it. 1 do the rather make this obfervation, in that a Claim of Jurifdiftion and Sovereignty over Seas and Oceans, is more liable to exceptions, than (i6o) a claim of Dominion over Lands, either upon Continents or Iflands, in that it is univerfally granted, that Princes are capable of having their feveral juft, fupveme and divided Proper¬ ties in and over Lands, and withal as generally deny’d, that any Potentate whatfoever can right¬ fully claim a foie Property in and Jurifdiction over Seas, preclufive of the Rights of other Prin¬ ces to Sail and Navigate upon them. Finally, there may be this one thing yet ad¬ ded, as an indifputable evidence, and a full confirmation, that there was no right of Pro¬ perty and Jurifdiftion in and over any Lands, Territories or Diftricts, in America , gramh in the Treaties zither of 1667, or of 1670, by the King of Great Britain unto the Crown of Spain, fave fo far as the Spaniards were in actual Pojfijfwn , in that the FngHJh have lince thofe Trendies lit down upon that part of A- merica which is come to be call’d Tenfilvw,t, and have there eftablilh’d large and flouri/hing Colonies, and that vyithout the Spaniards ha¬ ving once ofier’d to complain of it as a violation of Treaties and Alliances between the two Crowns. Having fully vindicated the Scots Settlement at Darien , fi 0111 the being either againlt the Laws of Nations, or in oppolition to public. 1 : Treaties and Alliances , and having withal jufti- fy’d them both as to the FaB, and with refpect to the Steps and Methods, in which they; begun and have promoted it, I know but of one thing, beiides what hath been already con- lidcr’d, that can be reafonably alledg’d, againlt either the Juftice or the Equity of it. Name¬ ly that, the Spaniards have not only been efteem’d (161) the Proprietors of that Iflhmw by divers FjK ropcati Nations. that Tey have been de¬ clar’d, as w, :._3 accounted, fo by the Englifh in two remarkable Inftances. Whc.eof the Firft is, That fever?! Png uni Merchants,_ha¬ ving agree- 1 •. ; .ud provided a Fund of fet¬ tling a Pi. at Port-Royal'm the Bay of Afcsdio, in order to the cutting of Logwood, were refus’d the fupport and protection of the Government for carrying it on, and only permitted to manage a Trade there at their own hazard a id peril. And as for the Second, which comes dolor to the OaMici which, we have been debating, It is laid tat certain Englijh-mcH having undertaken to fettle in Da- jW7, and brought the propofal of it before the , Council of Trade of EnoLnd, by whom it was laid before the Lotds Inf ices in His Majelly’s abfence, and by them tranfmitted to the King Himfdf how tint after a mature considera¬ tion, it was judg’d and pronounc’d to be a Defign and Project, that would be an encroach¬ ment upon So. T-v, and therefore let fall and a- bandon’d. And that the cafe of the Scots be¬ ing parallel to that it ought to meet with the like cenfare, and be judgd inuafive upon the Rights of th c Spaniards. All which tho’ it hath been fuffidently both obviated and anfwer’d in what hath been al¬ ready faid, yet in companion as well as in Condefcenlion to the Infirmities and Weakaef- fes of the greateft part of Mankind, who buf¬ fer themfelves to be impos’d upon and milled in their, Opinions and judgments, of Actions and Matters of all kinds, by trifling Reafons and Coufideratious of vet y little moment, M efpe- () efpecially when their llnderfhmdings have re¬ ceiv’d a wrong byafs, and are previoufly too much over-rul’d by prepofleflions and prejudi¬ ces arifing from National Pique, or particular Envy; I ihall offer feveral things in way of Reply to what is allcdg’d, and beftow feveral Reflections upon it. Whereof fome of them Ihall be more general refpefting both the cafes , and the reft particular relative unto each of them fingly and apart. And tho’ I Ihall behave my felf in the whole with that Mode- fly and Deference towards His' Majefty and them that have either had the univerfal Ad- miniftration, or any part of it, as not to give the leaft oecalion for cenfnre or blame \ yeti hope I may expect: to be fo far both indulg’d and juftify’d in the Vindication of the legal and righteous Fatt of a whole Kindom, as not from too much Pufilanimity on the one hand, or Sycophancy on the other, to fuffer that Na¬ tion to lie under caufilcfs fufpicion of Inju- fticc. In the way therefore of a general Reply , I defire it may be obferv’d, that as the fenti- . meats and opinions of no Body of Men wliat- foever, and much lefs of a few Individuals, are the Meafures and Standards of Moral' Right and Wrong, but that the Laws of Na¬ ture and Nations are; fo the Acts and Pro¬ ceedings of the People of Great Britain are not to be finally decided and determin’d, with re- fpeff to .their legality, or their illegality, and their being judg’d lawful or unlawful, before Civil Tribunals, and at Humane Benthes, fare by the acknowledg’d Laws of Nations and the refpeifive Municipal Laws of the King¬ doms. doras. For tho’ the proje&ing or the afting difagreably to the Opinion of this or that Board, may in fome cafes prejudice the Un¬ dertakers and Doers; yet that (lugly, precife- ly, and abftraftedly, doth neither render the Defign nor the Execution of it, at all times, unwife, and much lefs at any time unlawful and unjuft. Nor is it moreover unworthy the being ta¬ ken notice of, That there is a great difference to be made between the difcouraging a Pro¬ jection, while it is only in propo'fal and in Embryo, and the condemning and refunding it, after it hath been put in Execution. Seeing by the firft the Undertakers are only advis’d and caution’d, whereas by the la(t, they are not only difoblig’d and difguffed, but really prejudic’d and injur’d. Further, There is likewife a great diferi- mination to be made between what is advife- able at one feafon, and what is juftifiable ,as well as prudential at another. For the exi¬ gencies which at one time we may be under, of having the favour and alfiftance of a neigh¬ bouring Nation, may render it impolitick to countenance that, which at another time, when we Hand refeu’d from attendance to any other Meafures, fave thofe of Law, Julticc and T ruth, it were both to abandon and facrifice our In- tereft to neglect it. Further, The inhibiting of the Subjects of England, from proceeding in the foremention’d Deligas, may have been founded upon fuch Motives and Reafons, as do no ways affect that, which the Scots have undertaken. Nor can the cafes therefore be render’d parallel, M 3 unkfs ( i6 4 ) unlefs the circumftances could be made appear to be equal: So that the Kingdom of Scot- being altogether ignorant of the Induce¬ ments upon which the Refolutions were ta¬ ken in the cafes of thofe Englifh-men, it is not to be expected, that their " Cafes Ihould have been look'd upon by the Scots as prefidents for their condud, or that they Ihould have go¬ vern’d themfclves by any rules, fave thofe of their own Interelt and Profit, in fubordination to the Laws of Nations, public Alliances, and the Municipal Statutes of that Kingdom. Moreover, there is a great difference to be made between checking the Inclinations of a few private Men, who poflibly might be rather defigning their own perfonal advantage, than a National goody and the eroding the unani¬ mous Delires of a whole Kingdom, who as they knew the thing to be lawful in which they were engag’d, fo they did believe, that the purfuing it was indifpenfablv needful, in order to their Welfare and Profpcrity. Finally, whatfoever Authority His Majcjly ftands veiled with, or whatfoever liberty his Mlnifiers are allow’d to have in reference to affairs previoufly to Ms of Parliament con¬ cerning them, or in relation to Matters -that do not directly fall under the Regulation of Laws and Statutes y yet they do become not only uncontrolable by idem, but even are not to be fuperteded by His Majcfly, after that they are once eftablifli’d by Law's, and con¬ firm’d by Charters. For fuch things as are once made lawful by Acls of Parliament, are put out of the reach both of the King and of his Council, as to their confidering afterwards whe- ( i<55 ) tiier they he convenient. But having upon ano- toer occafion mention'd this before, I will not here infill upon it again. And as for the particular Rcftettions, which I intend to make upon each of the Cafes apart, I lhall difpatch them with what expedition I can, and in the order that the Cafes are laid down. In reference therefore to the fi-ft, which was the Council of England's d.ifcoura- ging fuch Enghfti Merchant, as had defign’d to have fettled at hn-Koyl in the bottom of the Bay of Campcachy y I do lay that there is no likenefs, alliance or affinity, between what was intended to have been clone by fomc T.nj- lijh there , and what is done by the Scots in the Ifthmns of Darien. In that the Bay of Ctnpea- chy, lying in the Province of Nicaragua, within the Diocefs of Stiapa ; which '"Dominion and Bilhoprick, being part of the ancient Em¬ pire of Mexico , which the Spaniards conquer’d after their uliial way of Killing the Inhabitants, and converting the Land to their own ufe, and unto which they have been confefs’d to have a right by Prefeription, can be no parallel unto, nor bear any limilitr.de w ith that of the Ifth- rans of Darien , where the Scots have eftabliih’d their Colony of Calidonia ■, feeing as the Ifthmns was never any pare either of the Mexi¬ can or the Peruvian Empires ■, fo that particu¬ lar Diftrict of the Ifthmns , where the Scots have begun to fettle a Plantation , was never fnbd-ad by the Spaniards , nor did the Natives at any time acknowldege their having Jurifdi&ion o- ver them. So that tho’ for the Englift to have fettled in the Bay of Mexico , might be ac¬ counted an Tmonchmem upon the Right of the ( 1 66) Spaniards, yet It can ho ways from thence follow, that for the Scots to fettle at Ada, which had never been fubdu’d or pollefs’d by the Spaniards, is to be held an Invafion upon any of the Terri- tories, or an Encroachment upon the Rights of the Span ip Crown. Moreover, for the Council of England to have given pcnmfjio;, to the Englilh Subjects to Sail unto, and to Ray and cut Logwood in the Bay of Campeachy, without the leave and confent of the Spaniards, was a greater encroachment upon the Sights of His Catholick Majefiy , than it would be to have the Scots authorized and juftified in their erecting a Colony on that part of sh elfthmu where they landed and are fit down. Seeing it is contrary to all the Meafures both of Juftice and Amity, for a Government to connive at an Invafion upon the Dominions of a Prince, in whom a Title, jurifdiction and Property are allow’d to Hand veiled in and o- ver chofe Territories; whereas it interferes with no rules of Law, Equity or Friendlhip, fora Government to authorize and empower its Subjects to plant in a place where that Prince was never acknowledg’d (nor jultly could be) to have a Sovereignty or Right. Further, whatfoever the opinion of the Court and Council of England may have been as to the Spaniards having filch a Right to the Bay of Campeachy , as doth debar and preclude all others from coming thither, without obtaining of leave from the Spaniards •, yet there are o- ther Courts in the World, who have thought that it was free for them to fettle in, that Bay, without a Grant and Concellion from "the Crown of Spain, whereof there needed no other in- ftances ( i$7 ) fences to he afligned, but that of the French, who have feveral times been endeavouring to iiave fettled on the River de Spiritu Santto in that Bey , and who are at this time defigning to efeblilh a Colony on the River Mifcbafipc upon the Mexican Gnlpb. Finally whatfoever the Council of England, might have faid to thofc Englifb Merchants, for difeouraging their fettling at Port Royal in the Bay of Mexico ; yet it is unquefliomi- bly certain, that the project of the Engli\h for fettling and cutting Logwood there, ob¬ tained and took effect, in that they have had for feveral years, Logwood in that place ap¬ propriated unto them, which they have cut and brought home for the accommodating of" Englifh Dyers. And as to the Second Cafe, concerning the Prohibition of thofe Englijh Merchants and Traders, to fettle in Damn, whofe Propofals for the efeblifning a Plantation in that part of America , had been laid before the King, as well as the Lords Jufikcs, I lhall in the firf place declare, that the circumftances of that being wholly unknown to me, I lhall not afiiune the Confidence, to pronounce any thing pofi- tively in reference to the particular grounds and rcafons, of the Opinion and Judgment of his Majefty, the Lords Juftices, and the Council about it, only it may not only be conjectured, but affirmed with Confidence, that the forbidding all proceedings in that enter- prize, was upon Motives of State, rather than of Juftice, and that it was done becaufe of the Inconveniencies-, which at that Junfture might have eiifued 3 and not by rcafon of the M 4 ille* (.< 8 ) illegality of it. For as the Tropofd was made r,L a time, when we were in Confederacy with the Crown of Spain, for the carrying on a War aga'mlt a Great and Powerful Monarch, and as'the SfaniCo Dominions were the chief feats of the War, and the Ports and Havens of Spain abfohue'y needful, as well as cx- treamiy ufefid, Tr the management of our Commerce in the lAiiiicram.m and Levant, fo the preferring of Spain firmly in the Alliance, was upon many other accounts, (which Ilhall not enunw’-itG indiff.enfhbly neccllary, both for the upholding of the War, and in order to the fucccfs of it, in favour of the Allies in general, and pm liuilarly of Great Britain. So that upon whatfoeverpolitical Inducements, that propolal was difcountenanced, and re¬ jected, yet I may venture to affirm, that it was not upon the foot and motive oftheS/w- niardi having a right ? vi property in, and a Soverafmty and Juri r action over, the whole Jfthms of Darien. For as that '-muld have been an afting in direct oppoiiuon, to the general Foundation and Principle, which both the Englijh and all European Nations proceed upon, in their elha- biifhing of Colonies in the .Vcft-Indies, and in juftification of the rightful and legal Domi¬ nion, that they have over the Lands,Territories, Provinces, lllands, which they, have acquired there .-Namely that no ones right in that part of the World, doth extend beyond poflelfion and occupation; ib it were to have debarred and (hut cut, cue Enfijh as well as all other Europeans, not only from erecting new Colonies in thole places of America , where the Spam- ( 1 * 9 ) a,-is are in the polfeffion, and have the Domi.' nion i but from fettling any New Plantations in fiich parts of the Weft-Indies , where the Na¬ tives are the foie Sovereigns and Occupiers. Which is a thing both fo abfurd in it felf, and fo dire&ly oppofite to the Intereft, Prof- perity and Honour of England , that it were to entertain an opinion inconfiftent with good Manners, fo much as once to imagine, that either the King, the Lords Juftices, or any Englift Minifters of State, fhould be fo weak and imprudent, and fo neglectful of the Welfare and Glory of Great Britain , as ei¬ ther to fall into fuch a pernicious meafure of themfelves, or to be dup'd into it by o- thers. Moreover to have been influenced to reject the forefaid Propofal, upon the reafons and motives of the Spaniards, having an llniver- fal and a Sole Right in the Ifthnms, would have been to have acted in the higheft way of In- juftice to the Natives, thro’ the ejecting them out of their Property and Jnrifdidtion in and over thofe Lands and Territories, whereof they are both the legal and rightful owners, and the alone occupiers and polfelTors, to a great extent of ground upon that Straight, and thro’ the vetting the Property and Dominion in the Spaniards, who have no Title or Claim to a great part of thofe Territories, either by conquett or the confent of the Indians. Nor can any thing more difgraceful and un¬ righteous, as well as undecent and unman¬ nerly be conceived of hisMajefty, and of thofe that are in the Adminiftration, than that they fliould act upon an Inducement, that would import ( 17 ® ) import a robbing of the rightful Proprietosv of tlicii' Inheritances, and a depofing of here¬ ditary and legal Governours, from their Lord- /hips andjurifdidions, to placej and fettle them in others to whom they do no ways apper¬ tain- Finally, fcoukl .we fuppofe his Mijefiy, and the Lords J/iJKces to have Prohibited the fore- Paid Engllfi Merchants and Traders to fettle upon the Jfihmtts of Darien, becaufe it would have been an encroachment upon the rights of the King of Spun ■, we mull be obliged to add, chat they therein acted incongruoufly to the meafures of other Princes and. civil Miniflers, who have been both encouraging and endea¬ vouring the Planting of Colonies upon or near to that Ifihms, with the confent of the Natives, without the leaft refped had to the Claim and Title of his Catholick Majelty, whereof having given ail inflancebefore, I M) not here repeat it. So that having reprefented and finilhed,what- foever I account needful to be faid for Jufti- fying the Scots Settling a Colony at Darien to be according to the Law's of Nations, and agreea¬ ble to all the meafures of Juftice and Fr iencl- fliip, and not to be an Ufurpation upon the right of the King of Spain nor to interfer with any Alliances between his Eritannick Ma- jefties, and the Catholick King and having vin- vicated that Fad of theirs, from all the excep¬ tions which are made either againft the lawful- nels, or the friendlinefs of it ■, It will now be a piece of prudence, as well as of decency to befpeak the favour and affiance of the Parlia¬ ment and People of England, for their being fup- ( Vfl ) ported and protected in that undertaking. Nor ihall I fo much endeavour to perfwade and influ¬ ence them thereunto upon the Motives of genera¬ lity and Kindnefs, as upon the Inducements that they will find the doing it, to be greatly for the advantage of the Crown and Subjects of England. For as much might be expected to be. done in behalf of the Scots by that powerful and opulent Nation, upon the reafon of their being not only Neighbours to one another upon the fame Ifland, and under the Sovereignty and Go¬ vernment of one and the fame Monarch; but becaufe of the many Offices of Councel and Aid, which they have fince the Union of the two Crowns, mutually render’d to one another \ and that the Kingdom of Scotland in particular, hath efpoufed the concerns of England, in a way of Singular Amity and with extraordinary fi¬ delity and zeal, whenfoever they have feen them involved under difficulties and dangers; fo that which is now defired from the Engtifh towards the Scots is not near what the Anceftors of the former have render’d unto thofe of the latter heretofore, in that befides their having had the Comities of No::i:;:mberland , Cumberland (, and IVeJl- morland feveral times granted and confirmed un¬ to them, to be held in Fee of the Crown of Eng¬ land, in recompcnce for the Services and alfi- ftances which they had yielded unto the Enr- Hjh, in their diftrefles: We are allured by an Engliffi Writer, that it was provided for in a courfe of Law under the Reign of Edward the Confejfoty that the Scots ffiould be held Deni- z.ons of England and enjoy the fame privileges with themfelves, becaufe of the Aid which they uad render’d to that Kingdom again# the Danes (170 Danes and Norwegians. But I (hall chufe to wave the laying the recoheftion and confidera- tion of all or of any of thefe before them, which touch upon the head of gratitude, and lhal! think it more advifable to addrefs them by other Topicks, namely by thofe that (hall refer to the Benefits of Strength, Riches, and Honour, which will thereby accrue, and redound unto the King¬ dom of England. For how mighty and wealthy foever, the Na¬ tion mull in truth Rand acknowledged to be, yet it inuft alfo be confefs’d, that under the great variety and plenty of Natural and Arti¬ ficial productions, which their own Country and the Dominions thereunto belonging do afford, they have not the advantage of being thrnilh’d with Gold and Silver Mims , which yield the Metal and Bullion that make the Funds of Trade, raife the Bulworks of fefety, adniini- iter the Supplies of plenty and pleafure in peace, and enableth to mutter Armies, and equip Fleets in times of War. And tho’ it is not to be denyed, but that by means of their Manu¬ factures, and by reafon of their Induftry and their application unto, and skill in the manage¬ ment of a large and univerfal Commerce, they have a great Share of the Treafures of the Spa- xijb Well-Indies flowing annually unto themj yet it is with great hazard, at much expence, and after having been long out of their princi¬ pal, that they become pofleft of it in thofe me¬ thods. And it is alfo demonftrable, that a much greater proportion of Gold and Silver will both come into private, Banks, and into the pub¬ lic Exchequer of England, by the Scots having fuch Mines within the bounds of their Colony ( m) i 6 f Durim, to hitherto hath, or ever can, in j the ways of nicer Commerce with tie Spaniards. \ Nor ought it here to be omitted, that the 'Mines in the occupation of the Spaniards in that part of Daien, which lie neared, to the plan¬ tation of Caledonia, and in which they work at prefent, do fo abound in the very Oarc of Gold, that every Negro whom they employ, is bound to gain daily to his Matter, as much as doth a- S£eZI ,;^ mount after it is refined to thirty Levis d'ors: bonus's whereas fuch a3 are employed in the Englijh Hilhric.il American Sugar Plantations , which are reckoned enoumof to be the moil profitable of any they have, do not after all the expence upon them in their ^ es p. ^ food, cloaths, and other accommodations,earn a- mi i3, bove one hundred found Sterling gain a head per ■ annum to their Mailer, which is not near fo much in a whole year, as the other bringcr.h in per week. And as the Goods and Commodities fent out of England to Spain , which bring them returns in Gold and Silver , will be tranfmitted imme¬ diately to Darien with more fpeed, and at lefs expence, as well as hazard, than they go now to the Spanijh Colonies in America , by making the Tower of Cadiz ,, Malaga and Sevil j and the profit thereupon be much the greater to the Englijh Merchants; fo a good part of the Treafure which cometh dire&ly into Scotland , upon the alone and Angle ac¬ count of the Caledonian Company, will in di¬ vers ways fo circulate, as to come at laft to cen¬ ter in England. Seeing bclides what mult ne- celfarily flow in thither in payments, both for what of their own productions, and what of Foreign goods that have been firft imported ( *74 ) to England, will be called for and purchafed by the Scots, it is not to be imagined how much will come to be brought in, and fpent there in ways of Diverlion and Pleafures by all forts of people of Scotland, and efpecially by the Nobility and Gentry. For as it is too well Known, that the ge¬ nerality of the Scots, whofe circumftances do qualify them for and allow it, have much in them of the humour and even Vanity of Tra- veiling, and are inclinable enough to fpend in. proportion to the quanity of their Calh-, fo thro’ London’s being the Metropolitical Seat of the Government, and the place where the King has his refidence, the Court is kept, and all grand Affairs of State, as well as ma¬ ny of the moll: important concerns of parti¬ cular men are tranfafted, they will be certain to come thither in far greater Numbers than they now do ; fome out of Courtfhip, and o- thers in complyance with the exigency of their affairs, and all of them maintain a Port, and live at a Charge anfwerable to the weight and depth of their pockets. Which will not only be of great profit and advantage to the Northern roads, thro’ which they mult go and return, and of divers other parts of the King¬ dom to which their Pleafure, Health or Cu- rioiity may tempt them, but efpecially it will be of great advantage to London , feeing belides what they will fpend during their Refidence, and in the making a figure, while they are there, they will alio furnilh thernfelves in that Metropolis with fuch accoutrements of State, and provifions of bonjhold furniture, as they ihall efteein to be needful either for their gran¬ deur. ( i?5) denr, or their conveniency when they go home. Moreover it is not to be queftioned, but that the Engliff, upon very eafy and Honoura¬ ble terms and conditions, may be admitted in¬ to a Partnership in the Plantation, and into a ihare of Trade with the Scots. Which as it will draw a confiderable part of all that is either Bug out of Mines, or that is otherwife produced within the Diltrift of that Colony, as well as of whatfoever lhall accrue to the Com¬ pany, by a Traffick drove at Darien , directly and immediately into England ■, fo it will both greatly enlarge the Trade and Commerce of England , and mightily encreafe their Wealth. For as the Scots were fo neighbourly and kind upon the enacting of the Lair, for the eftablilhment of a Company, for Trading to Africa and the Indies, as to make the firft Offer to the Englifii of Joining in the Subfcrip- tions to a Stock and Fund, fo as to become Partners with them in any Plantation they lhould fettle, and in whatfoever they fhouid acquire •, fo it may -not only be hoped, but confidently affirmed, that they will not now be oppolite, nor averfc, to the receiving them upon fuch terms, as may be fafe and credita¬ ble to both Kingdoms. Nor can the Parliament of England, in their approachingSeflion,fall upon any matter, that will be of more National con¬ cernment, or from which more benefit will arife to the Government and people of Eng¬ land, than to conlider and advife, how the Kingdoms may become fo Incorporated with re- fpeft to that Colony, as that upon a congrefs between Commiflioners, authorized refpe&ivc- (i 7 6) ly by both Nations to treat and agree about it, the terms upon which the Englijh (hall be admitted iharcrs in it, as well as the degree meafureand proportion of Intereft in it, which they (hall be received into, may be Adjuftcd, Defined and Stipulated. Further it is not unworthy to beobfewed that the F-encb ,'as well as the Dutch , being grown mighty in Naval Fower, and both of them, but efpecially the Utter , the Rivals or England, not only in Traffick and Commerce, but with refpeft to the preferibing unto others, vvhat Jhall be the terms of Navigating the Seas, and what Ceremonies of refped, Ships of War, as well as of Trade, lhall pay to one another wherefoever they come to en¬ counter in Sailing; how that thereupon it is become the true Intcrefi of England, to have Scotland advanced into fuch a Rate and condi¬ tion, as that it may be able to provide, Equip and Maintain, good Squadrons of Men of War. Which as it cannot be done with¬ out their attainment unto a confiderable Fo¬ reign Trade; fo they may be enabled fpcedi- ly to efFeft it, by means of their Colony at Darien, provided they befupported in it. And as Scotland, upon their being in a condition to fend out a Warlike Fleet of their own, will in cafe of a War againft Great Britain, fare England the trouble and charge of maintain¬ ing Men of War on the Coa(l of Scotland , for covering that Nation from Invalion, as it hath feveral times both lately, and more Ancient¬ ly been forced Lo do; fo it may with confi¬ dence be affirmed, that neither trance nor Hol¬ land m\\ be very forward to quarrel wirhAvyW, ( 177 ) when bcflde their own great Naval Power, they will have a coniiderable Marine Strength from Scotland , ready at all times to joynand 1 aflilt them. And Ihould it fo fall out, that a [ War is not with Honour and Safety to be a- voided between Great Britain and either of thofe Nations, which is fo far from being im- poflible, that it lies within a probable view, ■ Scotland thro’ having a potent Naval Power of its own, will upon a conjunction in that cafe of its Strength with England , give the King of Great Britain fuch a Superiority over his Ene¬ mies in Number and Force of Ships, as may- in the ordinary courfe of Providence, render him unqueftionably victorious, which will re¬ dound chiefly to the Profit and Glory of Eng¬ land. Nor will they only in fuch cafe be in a con¬ dition both to protect their own Trade, and to aflift the Englifli with a Squadron of Stout Men of War towards the encreafing of the Royal Navy; but they will by reafon of the Situation of their Conntty, and the conveni- ency of their Ports, be able to cover and de¬ fend the trading Ships of England to¬ wards the Eafi, and to fecure their Naviga¬ tion to Hamburgh, Swede land , Lcnmarl i, Yoland y Mufcow , Greenland , &c. which is very needful to be kept fafe, becuufe of the Pitch, Tarr, Canvafs, Timber, as well as of divers other Commodities, _which are brought from thofe Parts, whereof feveral, if not moll of them, are indifpenfibly ncccllary for the building, re¬ pairing, and equipping of Ships of all iorts, and cannot be fo well had in other places. N Further ( > Fuithcr, The more Rich and Opulent that dr Scots do grow, which they will fpeedily do, by the Gold and Silver which will be dug out. of the Mines of Darien, and by the Profits that will accrue from fuch other Productions, us that Territory where they arc fo planted doth afford, they will thereby be in the better State and Condition for granting larger fnp. plies to the Crown, than they hitherto could; and thereupon adminifrer ground, ^as well as occaiion, for greatly Idlcning and moderating the Charge, which England, even in times of Peac e, but cfpecially of War, hath heretofore been neccffitated unto. And whereas the Scots have been at all times able, and thereof given abundant proof (lu¬ ring the late War, to railc and muftcr great Numbers of as brave and wcil-difcipliifd For¬ ces, as any Nation of the World can afford; yet by rcafon of their Penury, which is a co\:- fequence and effect of their want of Foreign Trade, and of Colonics in thole parts of the Earth, front which the great Wealth doth arife ancl flow into European Countries, which, their Plantation at Darien will toon cure, remedy and relieve them againff, they could not grant Taxes, nor advance Money that would have been fhiiicient for the Maintaining and Paying of their Troops , but there was a ncceflity o: putting them upon the Eng'ijh Efhblilhmem, which was in part an occaiion, both of thole cxceflive impolitions of all kinds, which Eng¬ land became indilpcnlibly oblig’d to fall into the projection and enacting of; and of thof: incredible Debts which it hath contracted, doth lye under, and cannot fpeedily redeem it i'cii ( r 79 ) from. For feeing the Kingdom of England, how plentifully foever it be furnilh’d with"Men, and able to bring into the Field very numerous, as well as admirable Forces, could not have rais’d within it felf that vaft proportion of Military Troops, which were thought needful to be kept on foot during the late War, which made it to receive and maintain fo many thou- fand of Scots Forces; will it not therefore be of great advantage upon any Strefs or Exi¬ gency of the like Nature hereafter, to have the fame or a greater proportion of Scots Forces to join them, and to come in to their alfiftancc, without EngLnd’s becoming oblig’d either to- fubfift or to pay them? and inftead of having them upon Loan, and at a great ex- ■ pence of Ei/gjijh Treafure, to obtain them as a Quota, which their Neighbours and Friends will not only at all times be ready to grant and advance, but to maintain at their own charges. And as it may be affirm’d under all the moral certainty imaginable, that the Scots thro’ their being upheld and defended in their Citlidomf.fi Colony , will, in a few years, be ren¬ der’d able, and will be found ready and for¬ ward to come iuLO thole Meafiires of Con¬ junction and Union of Forces with England, in all fuch Foreign Wars wherein they Hull at any time embark; fo it may from thence be inferr’d, that ids the true Iiiterdt of the/V- limcnt and People of Fngl.vtd, to have the Scots not only preferred and protected in the en¬ joyment of their Plantation in Darien, but to give them all the countenance and aid which they can, againlt fuch, whofoever they be, N r that ( ,8o ) that fhall attempt either the troubling or them there, or the driving them from thence. Moreover, it might be reprefented and ihevv’d at large, how much it will be to the advantage of England, both with refpeft to their Plantations in the Weft-Indies , and their own general growth and encreafe in Trade, and the rendring their whole Traffick and Commerce more fecure and profitable than it has been, to have the Scots upheld in the pofleflion which they have obtain’d upon the foremention’d American Ifthmtu , and that they be fuccefsful and profperous in the improvement and far¬ ther extenilon of their Colony. But having faid enough in a former Paragraph, for the demon- fixating of that beyond the being either de- ny’d or contradi&ed, and the matter being obvious to all Men, who are capable of think¬ ing rationally and to any ufeful purpofes, and it being withal a Topick, which every little and common Writer upon this Subject, will not fail (thro 3 inability to enlarge and em¬ ploy their Conceptions about other things re¬ lative hereunto) to make their belt and utmoft of} I lhail therefore decline the re-afluming the confideration of that Head again here, and fhall addrefs to the reprefentation of one Me¬ dium of Argumentation, whereby it will apo- diftically appear to be the Intereft of England, to have the Scots preferved and defended in their Settlement at Darien. Namely, That the convenicncy of that place for an European Plantation, being now better underftood than it was before, and the won¬ derful Profits and Advantages that will flow from and accrue by it, being more fully ap¬ prehended ( 181 ) prehended and more clearly difeerned, than e- ver they were \ it will thereupon follow and enfne, That fhould the Scots be drove from thence, the Subjects of fome other Prince or State, betides the Spaniards will poflefs them- felves of it. Which whofoever it be, will be of fatal confequence to England, as well as rui¬ nous to Scotland. Nor dare I entertain fo un¬ worthy and dilhonourable an Opinion of the Englifli Nation, nor Ihevv my felf fo ungrate¬ ful to a Kingdom, unto which I owe more Thankfulnefs, Service and Duty, than ever I can be capable of paying, as once to imagine, that they themfelves will be fo unjuft, as well as unkind, either clandcltinely and by conni¬ vance, to be acceflary to the wreiting of that Plantation out of the pofieliion of the Scots-, or fo ungentile as well as unfriendly, as fin- gly and alone, or in conjunction and confede¬ racy with others, to drive and compel them from thence by force. Seeing as endeavours and attempts of thofe kinds, would not only appear fo fiiamefully fcandalous to all the fober, wife and righteous part of Mankind, that the greateft part of the World would reproach them for the Treachery and Wickednefs, as well as for the Imprudence and Folly of it, but it would beget that bitter and implaca¬ ble hatred in the Scots Nation againlt England, as would excite and kindle thofe Defines and Flames of Revenge, as no length of time will ever allay, nor the Authority of any Prince entitled to both the Crowns, be able to ex- tinguilh or to prevent the fatal confcqucn- ces of. And ( ^2 ) And the' the Power and Strength of Scot¬ land may be look’d upon with Deri lion ana Contempt, when compar’d with the Force and Might of England ; yet Ihould full; Wrath, and the;’. War arife between thefe two Nations, it may be ealily foretold, without pretending to a Spirit of Prophecy, that it will be rnif- chievous beyond expreffion to both, tho’ in the ilTueitmay prove more ruinous to the one than to the other. Nor is it pofiible to be avoided, but that a quarrel rais’d between the King¬ doms upon that motive and account, will produce the like, if not more difmal effects, than the War in the Reign of Edward I. did, wherc- -,j of a judicious Hi fori an hath left this wife and memorable Obfcrvation, that Angliam vehemen- ter conci'ljit , &’ Scotomni nomen fcrc dclcvit It wonderfully ficck and weaken'd England, and d- moft exterminated the very Name of the Scots. And this is fo obvious to be forefeen and difeern’d by any Man, that gives himfelf the freedom of thinking, efpecially conlidering the present circumltances of England , with refpect to its no lefs potent than envious Enemies a- bont it, as well as upon other accounts, which 1 decline the mentioning of, that it will neither .bo undecent, nor favour of undue boldneis, .0 fav that whofoever ihall advife the appli- •,r.tion of the power of England for driving tile Scots out of Darien , can defign no lefs, than either the mine of the Nations by one ■mother, or the making them when divided and weaken’d a prev unto thofe who long to fubdue and deftroy both. But as England is a Nation of more Honour and Jullice, than from :i:eir own inclination wed choice, to come in¬ to ( i8j ) to fuch a cfefien againft the Scots fo they arc a more fagacions and wife People, than either to con Pent unto, or to connive at their being wheedled and drawn into it by o- thers. So that the Scots having_no ground orrea- fon for apprehenlions and fears, that the Erg- lift will direftly or indirectly concur and ailffl to their being expell’d from thence, nor I hope fupinely and tamely look on until it be effe¬ cted: All the jcaloulic and dread is, that either the French or the Dutch may co-operate and contribute towards it; or at leaft that in calc the Spaniards alone Ihould be in a condition to accornplilh it, thro’ the Scots wanting, and being refus'd fuflicient and fcafonablc fupport,. one of thefe Nations, who are both fo potent in Laud Forces and Fleets of War •, fnoukl by way of after game, make it their bufinefs to get into potMion of it. And under the power of which of thefe two Nations footer it (lull chance to fall, it will be of equal, but of very fetal confequcnce, even to England. For fuppofe that the Dutch , who are a Peo¬ ple that do extraordinarily well underitand their Intcreft, and who never mifs the going into all the Mealines and Methods whereby they may promote it \ (witncL their Conduct and Management not many years ago at Ban¬ tam, and if we will believe a fort of ill-natur’d Men among our Pelves, their coming there¬ upon into the late Revolution here in England, not fo much out of kindnefs either to ourRc iigion or Laws, as to prevent King James’ s revenging that action upon them,) 1 fay fup- ;.of; t hat ijey upon the Sto/jvbeing cx~ N poll’d ( * 84 ) poll'd from Panic fhonld line! tliemfelves able, as undoubtedly they are willing, to fettle a Colony there, the confcquences thereof towards 'f.noland are at prefent as obvious, as they will hereafter be infallibly fatal and ruinous. For be tides the advantage that fuch a Plan¬ tation will give them, of engrailing and mo- nopolr/ing in a little time unto themfelves the whole Trade of the Eafl-Indies , China y and ' m/ca/, as well as molt of the JmcricewTrafflcIt, imperially that which is mainly profitable of it: they will moreover by that addition of Wealth to the Trealiire which they have al- icady, which the Cold and Silver Mines of Da- rien will inconceivably and ipeedily ycild them, be not only in a condition to give Laws to all Europe, and become the foie Arbiters of Af¬ fairs in thefe parts of the World, but they will be able, if they have a mind to it, ami it is neither wife, nor will it be fafe to lie at rheir dilcretion, to rob England both of the the Sovcraignty of the Narrow-Seas, and of the freedom of Navigation into any places of the Baltick, the Mediterranean, or elfe- ivlicre, five as they lhall be- pleas’d to per¬ mit and licence them. But tho’ this be a Subject worthy to be enlarg’d upon, and that deferveth to have an ample detale given of it, and which withal it were not difficult to do in a manner that might awaken England out of its droufie and lethargical Temper, yet for reafons which need not to be told, but may readily be guefs’d at, I lhall not at this time, nor in this place, profecute it any fur¬ ther. How- ( > 8 * ) However Ihould the Dutch , upon Motives which may lie before them, and whereof we can have no information, decline interpofing in that affair, either as to the encouraging of the Spaniards to drive the Sms out of Darien, or the endeavouring to elhbliih a Colony there themfelves, in cafe they Ihould be expelfd; yet who knoweth but that the French may co¬ operate towards the jirfi in order to their obtaining and comparting of the latter ; which will be as mifehievous, if not much more, in the eftefts and confequences of it to England, than if it Ihould fall under the power, and come into the poffeflion of the Hollanders. And we have the more rcafon to be appre- henfive, that the French have fome fucli dclign, if we do but obferve how jealous and impor¬ tunate they have been and ftiil are in their offers of afliftance to the Spaniards , for the diflodging of the Scots which every wife and thinking Man muff believe to be done in pro- fpect of advantage to accrue unto thcmfck-cs , rather than of any benefit which they intend fliall refult thereby to the Spaniards. Nor do I think it needful to give along deduction of the mifehiefs that may, and which in all pro¬ bability will enliie, upon the Settlement of a Colony on the Iftbmus of Darien by the French, to the affecting of all Europe , and particular¬ ly the Kingdom of England, they being fo ob¬ vious that they cannot"efcape the views of any who have Eyes to fee, and will but vouchfafe to open them. Neverthelefs in order to the awakening thoughts in fuch, who do not ex- crcife themfelves in Speculations of this kind, i fliall very briefly intimate a few things, which C 18O which carry their own evidence along with them. Namely, that fnould the French become pof- ictt of any part of Darien , and efpecially of that where the Scots have erected their Cali- donlm Colony , they would thereby be wonder¬ fully enabled, both- to difturb the Track of England in all their iVcft-India Plantations, and for making encroachments upon them r in their beit and moft profitable Colonies. And if what ■ the Author of an Ejf.cy upon nays and means, ' doth lay of the danger and damage that by : the French fettling, at Mcfchaftpi , will arifc to Inland, with refpect to their American Traf- fick and Plantations, deferveth ferious confidc- ration, as undoubtedly it doth much more is their ettabliffiing thcmfelves upon the Jflhm.’s! , to be for the lame motives and icafons fcafonabiy thought of and prevented. Moreover it may be very rationally affir¬ med, that were the French once poflefied of inch a confiderable Port in Darien as Port Ada is, they would not long continue contented with that, but would be endeavouring to en¬ large their Acquifition and Jurifdietion over the whole Ifbhmt which as it would lay the Foundation of their becoming Powerful o- ver the Northern Ocean , and afford them won¬ derful means and opportunities of extending ["heir Trade, to the Eafl-Indies , China and Ja- and of getting in a great mcafure to be Matters of the rich and benclicial Commerce, that is carried on and managed by Europeans in th.ofe parts of the World} fo it would infallibly put them into a capacity and con¬ dition,- of gaining in a very little time the Sovereignty 0*7) Sovereignty both of Mexico and Pent. Itbc ing both certain and evident beyond all deni¬ al, that with fewer than ten Thoufand well ' difciplined Troops, they may wreft both thofe Empires from the Crown of Spain, as alfo whatfoever they do PolTcfs befides upon the American Continent. Seeing as the apparent vveaknefs of the Spaniards there is fuch, that they will not be able to withihnd the Imprcf- hon, and attacks of a few Battailions of good Military and Regular Forces fo it is Morally .tvC;?: certain, that they will have the aid and aifi- a.™ sit France of the Criolians (who arc fuch as arc -A f ;j born in America of Spanijb Barents) as well as of thofe, who arc of the race of the . old Native Indians , to refeue thofe Countries i*c-„ • and Provinces from under the Power and Do- a minion of the Crown of Spain. Which how fatal it would be to the European Princes and States, as well as ruinous to the ’Sp.wijb Mo¬ narchy, I need not be at the pains to reprefen t and prove. Further Ihouid the French become once peffei-- fed of any part of Darien, and obtain the occupa¬ tion of the Gold and Silver Muxs which arc there, it would after that be in vain to conteii. or withihnd their Pretension of fucceeding to the Cmru of Spain , and of the Doininkvw thereunto belonging. For as the Horfc of Bourbon, hath a great deal to ailcdgc in Jufii- lication of its Right and Title, of Succclhou to that Monarchy, ihouid his prefent Catho- lick Majefty die, without lilac, as he is like to do, and as they have already powcCui Forces for the fcconding and making good their Claim, fo it is beyond contradi&ion tha ( iM ) were they once Mailers of thofe Mines, which lie within the Diftritl where the Scots have their Cdidonian Colony , it would after that he impoflible to defeat and prevent them in their pietenfions, feeing they would not on¬ ly thereby be in a condition to poffefs tliem- fclves with eafe of the many and Rich Pro- vinces which the Spanllh Crown hath in Ame¬ rica-, but they would be furnifhecl with a Fund of Trcafurc for the payment of all thofe numerous Troops without burden to their Subjects, which they lhall think needful to keep on foot in Europe, for the alterting of their Right of fucceflion to that Monarchy. And I may Jultly as well as boldly fay, that the linglc fupporting of the Scots in their fet- tlcment at Darien , will be more fubfervient and effectual for the obltructing of the French in that defign, than all the Alliances that can be made in Europe againlt it, will in the lll'ue and Event lignifie, without the preferva- tion of that Colony. And indeed God in his wife Providence, fecrns to have adjufted the Scots fettling there at this Juncture, in order to be a means and expedient of obltructing I the French from fuccecding in their prctenilon, if others will have but eyes to fee it, and prudence ro make ufe of it. Finally it is not unworthy the being con- lidered, what Jcaloulies all Nations in this £«- I ropean part of the World lia v c of late cn- [ tertained, and what a general belief they have ' imbibed, as if the French were afpiriilg after ail Vnivcrfal Monarchy, And Was not the feat of this on the one hand, and the obviating it on the t’other, the pretended rcafons of the kte Confederacy, and of the War that pro- vcd fo Bloody and Expenilve, which tho 1 they may be thought to have given fome check and interruption unto it, yet they are far from having either made the French depofite the thoughts of it, or from having fo weakned and difabled them, as to render the profecution and compafling thereof I mpra&icable. Yea 1 may venture upon all the Topicks of Reafon, and Politicks,to pronounce that it is Impoflible to hin¬ der and difappoint it, may they be but connived at, in the obtaining thepofleffion of th zGold and Silver Mine!, which lie in the Neighbourhood, and within the Diftrid of the Calidonian Colo- ny. Whereas if the Scots be protected and upheld in it, there will tliofc Treafures flow from thence into Britain, as will fo enrich his Maielties Exchequer, that he may not only make his own Dominion the luppicit and molt opulent in the World, and put the ba¬ lance of the Trade of the whole liniverfe in¬ to their hands ■, but vender hirnfdf and his SuccelTors, the unqueflionable Arbiters of alt affairs and tranladions, within the limits of the European Dominions, and give him the glo¬ ry of faving all Em ope, from the Deluge and Inundation of a French Conquelt. Whereunto let me in the next place be al¬ low’d to lubjoin, that in cafe Scotland iliould be able of it felf to defend and maintain their Colony againit the machinations and aflaults of the Spaniards, without the allilfancc and fupport of Ena} and, as it is hoped they may, that the IMlijh will not only lofc the Honour and Thanks of it, with all the Privileges and Ad¬ vantages which thro’ countenancing and aiding ( i9° ) of them they might have been partakers of, as well as have been fecur’d of the perpetual Friendfhip of that Nation, and upon all occa- lions experienc’d the happy effeds of it • fo it can give no juft offence to fuch of the King¬ dom of England as are endow’d with Wif- dom and llnderftanding_ to have it plainly laid before them, that if Scotland find it felt too weak to withftand the Forces of the CVcnv: of Spff, and of fuch as may joyn their Power with that of the Catholick King for diflodg- ing of them, and in the mean time find them* lelvcs abandon’d by England., how that in fuch a cafe, it is greatly to be fear’d that they may call in fome Neighbouring Monarch or State to their Succour and Support, tho’ the doing it will infallibly be reckon’d, and defervedly too, a trefpafs againft their Allegiance, Fealty and Loyalty. And the Scots being naturally a warm People, too much verifying the Pro¬ verb, that Scotornm ingenia firnt fcmid.it , which vulgarly goes of them, they may the fooner be hurry’d into fuch an irregular and unlawful courfe, by refleding, that iincc both the Na- {ions came under one Soveraign, they are both much lefs eftccmcd by the Engl/Jh, and enjoy fewer Privileges in England, titan in times of Peace between the Crowns they did before. Whereof the reafon is obvious y namely, that England being the powerful and opulent Na¬ tion, and having the King Rdident among them, they do thereby the more ealily influ¬ ence him to be kinder to them than to the Sat-. For tho’ I hope that they will never b? tempred to ruff into fuch a Method, and do alfo-heartily wi!h, that no provocations may force ( I9 1 ) force them upon it, yet whofoever will either confidcr, the Nature and Temper of Mankind, and make reflections upon Late, as well as upon more Ancient Precedents, may find matter of apprehenfion and jealouiieadminiftrcd unto them, that it is fo far from being impofliblc they fhould do fo, that it rather looks like a moral certainty, that it will come to pafs. There- being nothing more natural, as well as ufual, than for Communities and Nations, as well as for individual and particular Men,' when either unkindly treated by their Friends, or di- ftrellld by their Enemies, to feck for fuccour and relief wherefoever they can obtain it. And to cite the Teftimonies and Examples that do aver and confirm this, would be both totran-' feribe a conftderable part of the Hiftories or all Ages, and to give the Detale and Memoirs of the behaviour of vail numbers of private Perfons. Nor doth it in Inch a cafe come much under Peoples conlideration how far fuch a procedure will be accounted Criminal, and the Authors of it held impeachable \ Intereft in fuch circumftances out-balancing Duty, and prefent inconvcniencies ftifling Fears, with rc- fpeft to what may be future. Nor is it un¬ worthy of remark what Mr. Littleton, Brother to this prelent Speaker, broadly infmuates con¬ cerning Barbados, when he, as well as that whole c Vlmmlon, thought themfelves ievercly dealt with by the Government and Kingdom of Eng- wee: land ■, namely, that it was to be dreaded, lealt under fuch difeouragements* they Ihould be tempted to run into Methods, that would be as irreconcilable to their Loyalty, as they would ( * 9 2 ) he contrary to their Inclinations, unlefs they were forc’d upon them. And as it is firmly to be believ'd, that the Dutch, or any of the Northern Crowns , if ap- ply’d unto by the Scots, and their aid crav’d, would be ready to own and efpoufe their con¬ cern •, fo it is to be apprehended and fear’d in more fpecial manner, leaft under fuch me¬ lancholy menacing and diftrefsful circumftan- ces, they fhould not make their addrefs unto, and put themfelves under the protection of Frame. Seeing befides the agreeablenefs in temper and humour, between the Scots and the French, more than between any two Na¬ tions in Europe, the old Affinity that was be¬ twixt them, and the benefits which redoun¬ ded mutually to each of them by it, are not wholly forgotten. For as the Ancient JHi- mice of Scotland with France, and the many brave Troops wherewith upon all occafions they fupplyed the French , were the unhappy means of the Englijh loling all thofe Noble Provin¬ ces, and vaft Territories, whereof they were once rightfully poflefTed in France, fo thcSrof/ are upon every unkind carriage of England to¬ wards them, but too apt to remember the Honours and opulent Fortunes, which di¬ vers of them attained unto during their long and faithful league with the French. Nor have they reafon much to queftion, but fhould they renew their old Conjed.cracy with France, and call for affiftance from thence, the whole King¬ dom of Scotland. , would be foon reinftated there in all the ancient Privileges and Immunities, which were enjoyed by them heretofore, and not only fuch who are chiefly concerned in ( m ) the bulmefs of Darien, become liberally rewar¬ ded and rccompciiced for throwing themfelves into the arms of the Trench ; but fuch as are of the chief and firfl Rank of their Nobility, would be courted to accept General-Commands, Marcfchal-Staffs, Ducal-Coronets, and Annual Penlions, anfwerable to thofe of Princes of the Blood, which their Anceftors formerly had. Nor ought it to be ovcr-look'd, how the Scms even iince their Vnion with England un¬ der one and the lame King, have withont the knowledge of His Brits,mick Majelty, fought the Protection of France, when they conceiv’d thcmfclvcs in danger of being Invaded by Eng- 1,md. It being too well known to admit of contradiftion, that when King Charles I. was advifccl and influenc’d to make War upon them, for their withlbnding what they call’d lnvalion upon Church and State, how they ap- ply'd themfelves unto France for affiftance; in- feribing their Petition and Memorial to Lewis XIII. At Roy. For which, tho’chcy were charg’d both with Treachery and Rebellion by the Court Party, yet that Act of the Stas was not fo heinoufly refented by the Englijb , as to deferve to be taken notice of and upbraided at the Treaty at Rinpon. Nor will the Zeal, or ra¬ ther Biggotry of the prefent French King be of much iignification for diverting them from begging his protection, in cafe they ice them- lelves likely to .be ruin'd in their prefent de- fgn, thro’ their being adaolted by Spain and abandon’d by Fvglan.l As knowing that the State Wifdom of Lewis XIV. will as much o- v. c-auk his warmth for the Faith and Wor- 0 Ihip jiiip of the Romifh Church, as it did that of Henry II. of France, when the Proteftants in Scotland refilled fuch as they faid would Perfeaitc them in the Reign of Queen Mary his Daugh¬ ter-in-law. Thar King being recorded to hare faid upon that occafion-, We mufi commit the Sods of Scots-men to God, for we have diff- cdty enough to rule the Confcicnccs of fuch as an French. " Neither ought it to 'be pafs’d over without obfervation, that the application which the Scots under the Reign of Charles I. made to Lewis XIII. was not very long after his ha¬ ving fubdu’d his Subjects at Rochcl, and vvrefled the Ca.utiona.ry Towns out of the hands of his Reformed Subjects. Which open’d the way to all the Mifchief and Ruin that have overtaken them fince. Neverthelefs this mull be laid in favour of the Scots, that it was upon the Mo¬ tive of Religion, and from Indignation again# Frame , bccaufe of the late and prefent Pcrfe- union of the Frotcjhwts there, that they did not carry their Refentments higher for the af¬ front put upon His Majdty, and the Parlia¬ ment of Scotland , with refpecl to their Al for a Company to Trade in India and Africa, and that they did not warmly exprefs their dif- pleafure in relation to the intcrpofur.e of His Alajefty’s Envoy at,the Courts of Ltmcd’iajh, and his Rcfidcnt at Hamburgh, who by mcna ces, as well as by gentler Methods, both ck- ter’d and difcourag’d the jfa.mbnrgbcrs from contributing to their Stock and Capital, and from joyning in the eilablilhment and promotion of the Plantation and Trade, which the Scots were about to Settle and Embark in. For as it would not but wonderfully furprize the Sees ( i95 ) to find their Undertaking, and particularly their tranladion with the Hambmghcrs for Subfcriptions and Aid, not only ftil’d The Attiou offomc private Men, who neither had Crc~ dentials, nor were any other ways authorised by His Majefty , when they flood warranted in the one and t’other by the King’s Charter, as well as by an Aft of Parliament , but to have it repre- fented to the Magiflrates and Governors of that Free city, That His Majefty would regard all Proceedings with the Scots in that affair, as an affront to his Royal Authority, and, that he would siot fail to revenge hirnfif of it j fo it was mat¬ ter of the greater! aflonifiiment to the People of Scotland , that the faid Envoy and Rcfdeut, perfevered to oppofc them in ail their tranF actions at Hamburgh , until they had frullrated and defeated them in what they were about, notv/ithftanding that T/tllibard.ing and Ogihis, His Majelty’s Two Scotch Secretaries, had declar'd in a Letter to the Council general of the Company, that they food empower hi by the King to fignife mao See tki,; thetn, that His Majefy would give order to the letter of jaid Envoy and Rcfident, not to make ufe of His 2 Majeftfs Name and Authority for obftrnciing the i ' r: ' Scots Company in the profevutim of their Trade with the Inhabitants 0 /Hamburgh. Nor ought it to give offence unto any, tho’ it may poffibly alarm a great number of ju¬ dicious and thinking People, to have it repre- fented and publifli’d, that all the oppolicion made and given by His Majcffy’s laid' Envoy and Refidcnt to the Scots, tranfafting witluhe Hunburghers, was previous and antecedent un¬ to any knowledge they had receiv’d, or could pofiibiy at tail! unto, of the Place, Territory, 0 2 or or Country, where the Scots had defigu’d to Land, and to endeavour the eftablilhment of a Colony. For as none of the very Directors of the Company had, until a long time after, come to any fix’d Refolution where they lhould attempt the beginning and carrying on a Plan¬ tation ■, fo pofleriorly to its having been a- greed upon and concerted by thofefew of them, to whom the determination thereof was re- ferr’d by the reft, it was fo fccrctly conceal’d and kept faithfully undifeover’d, that neither His Mtjcfty, nor any of his Minifim , were in the leaft made acquainted with it. And con- fequently that the forefaid Envoy and Rcfidcnt, being altogether ignorant in what part of the World, the Company intended to feek and pur- fue a Foreign Settlement for Trade and Com¬ merce ; and" whether it might not be in fome Region or Province, that would be both agree¬ able to the humour of the Spaniards, and fub- fervient to the Interefl of England, their in- terpofing fo zealoufly and induftrioully with the Hambnrgbcrs againfi: the Scots , could nei¬ ther be upoji motives of Love and Kindnef; to the Englijb, or of rcfpect and deference to the King of Spain, but out of meer difaf- tedcion to the Kingdom of Scotland., and from an averiion to the welfare and profperity of that People. So that it may be worth thofc Gen¬ tlemens recollefting, what heretofore befell AnUijhop Land and the Earl of Strafford, for having mcdled in Scots affairs beyond their Polls, tho’ with the Countenance and by the Authority of King Charles I. Who notvvith- Jhnding their being Pcrfons ,of incomparable Talents, as well as of the molt elevated Su- ( i97.). ■dons and illuftrious Characters of any of the Kingdom of England, yet upon the arillng of a mifimdcrftanding between that Prince and his Englifh Parliament, and thro’ the necefllty that the latter food in of having the favour of the Kingdom of Scotland in the difference that Iprung up "between them and their Soveraign, were facrific’d in order to appeafe and gratifie the Scots, rather than for any treafonable Crimes that they were guilty of. I do forefee that it will be here objected, that for the Englijh to countenance and up¬ hold the Scots in what they have done, will be to enter into a Confpiracy againft tliem- ielves, and a concurring in what will be high¬ ly prejudicial, not only to the Traffick of the' Englijh American Plantations, but to the Trade and Commerce of England it fclf. And that not only by rcafon of the general Share in ‘Trade which the Scots by rcafon of that CT- d.onian Company may fpeedily grow up unto but becaufe of the great humanities in Free¬ dom from Taxes, Caftoms , and all manner of lmpofitions whatsoever, which arc granted un¬ to their Company for 11 Pears, while the Eng- lip Traffick is by fo many Laws and Statutes dogg’d and over loaded with them. To which Exception I fhall endeavour to give fuch a full and fufficient Reply in the few following Rcfic- clions, that I hope both the frivoloufnels and indiferetion of it will be made obvious, and render’d apparent to every Wan, that hath but judgment and temper enough to weigh things in equal and juft Scales. 0 3 The < 198 ) The firfi thing therefore which I would of- f'i; to be confider’d is this, namely, That the ot fnccccding in the founding and cfta- uhflnng of a New Colony is fo great, and the Trcufurc that mult inevitably be expended in order thereunto fo large, before any confidera- hle reimbnrfemcnts can be hoped for, that it is extremely difficult by any propos’d Immu¬ nities and Privileges whatfoever, to gain thofe chat have Money, and who know how to make other improvements of it, to be forward, li¬ beral, and zealous of entring into and pro¬ moting fuch a Dcfign. And if we will but call our Eye beyond Sea, and look at prefent into Germany , and obferve the,encouragements propos’d to the Faudois, and the French Refugees, in cafe they will fettle in fuch and fucli pla¬ ces, where they arc fore to be protected, and at a feafon, when they neither know how to he harbour’d, nor to fubiiffi, any where elfc 5 we fhall not wonder that His Majcfly, and the T\r,Human of Scotland, thought the granting of all thofe Privileges and Immunities needful for the prevailing upon the Subjects of that Kingdom, to engage in a delign, the Scene whereof lay fo remote, and the Difficulties and Charges would be fo great and large towards the bringing it to perfection. Yea, doth not every Inheritor and Landlord in England allow large favours and advantages, botlf to fuch 25 will come and cultivate their wafte Lands, and to thofe who will lay out their Money in the building Houfcs upon their Grounds where there were no. Dwellings before ? And ought it then to be complain’d of, that a Nation in order to the extending the Empire and Do- ( *99 ) minion of their Sovereign, and the contributing thereby to the enriching, in a little time, of all his Kingdoms and Subjects, as well as his oven Exchequer, ftiould have Immunities and Privi¬ leges granted unto them for a few years, and whereof feveral were expir’d, before they actu¬ ally enter’d upon the execution of their D?- fign. Whereunto may be added, that the advan¬ tage which will both accrue unto the Govcm- num at all times hereafter by an increafe of Cufims , and an ability acquir’d unto Scotland, of being more liberal in the Tuxes, which, they fhall grant unto His Bntmnkh Majefly, than heretofore their Poverty, uotwithlhnding their Zeal for His Majefty’s Service, would allow, them to be •, and likewife the many benefits which will arife to England, in the feveral ■particulars whereof I have already given the Detale, and which I fhall not here repeat, will abundantly compenfate tor the. Immuni¬ ties and Privileges which are vouchfafed the Scots Company for 21 Years, whereof Four are already elapfed, wherein they have been at great expenccs, without any return in way of Principal or Iutereft. And it being the daily practice of the Englifu thcmfclves, and indeed of all Mankind, to venture upon Designs and to run into Disburfements, where the gains are too often only chimerical, and at molt times -but merely conjectural, and very feldom are morally certain ^ fhould the People of Eng¬ land then, make it a matter of quarrel with the Sms that they are embark’d in, a design without the Enalifb coming into any part of the charge of it, from which if itdofucceed. ( 200 ) it is Mathematically demonltrable, that tlie£»£- Ilfb Nation will obtain great Glory, Power and Wealth. Moreover it is dcmonJtrable, that the Be- nefits which will redound to the Englifh in the Interim, and within that circle of time, will greatly overbalance any damages, or in- convcniencics that can be fuppofed to arife un¬ to them in their Tra flick and Commerce, by iliac fhort Indulgence granted unto the Scots , of being free from Culioms and Impofitions in relation to their exports unto, and Imports from their Colony. Seeing beiidcs the Emo¬ luments that will accrue to England, and to their American Plantations, by the opening unto them a vafe Trade unto places where they had none, or very little before, and by th.it Neceflity, as well as occafion, which the Scots cannot avoid, of taking ■ more off from them both of their Natural and Artificial productions, than they could formerly ufe, or know how to difpofe of them ■, I fay befides this, it is provided for, and ordained in the ver yAtl-, by which their Company is ellablilhed, that thaxColony fliail be a free Port and Market, fo that the Englifu may carry thither, whatso¬ ever they judge vendible either to the Scots, or tlie Natives, for which they are like to lie paid in Cold and Silver , and they may alio Traffic!: there, and bring from thence wliat- foever is produced within the Diftridt, where the Call don't an Colony lies, and in the Territories occupied by the Indians, which are adjoining unto it, all which will greatly Countervail and and Outbalance, 'the few fuppofed inconvcni- tecies, that are difcourfed by unthinking men, ( 201 ) as likely to arife unto England, and their Wefi- India fettlements, by the Immnnicies granted to the Sms, for the Ihovt forementioned term of years. Further that as all the Commodities importa¬ ble by the Company which are not of the growth of that Country, are all excepted from being Cnftom-fxec, and are made liable to all legal Im- politions ■, fo nothing of the very productions of that place, can be imported by the Scots in¬ to England ,but what they Hand bound to pay enftoms for, and. are ready in compliance with the Laws of England fo to do. _ Vea the 2 l.-r.-i- nation Alls made in England being hill in force, and never like to be repealed, and whereof the. conniving at the violation and breach, would be of fatal confequcnce to the Englifb in their Ship- ing, no goods can be imported from Darien di¬ rectly into England fave in Englilh Veflels, and thither it is that molt of the Dying Wood, as well as of Divers other Commodities , which the Directors of the Plantation can procure on the Ifihmns , mult be immediately carryed and dif- pofed of. So that from the whole which I have laid down in way of reply to the forego¬ ing objection, it appears to be made without any folid ground, and to proceed from people, that neither have, nor can take a full forvey of this affair, nor look round it, rather than from perfons of any great penetration, or who are couvcri'ant either in the Philofophy, or in the praxis and Mechanifm of Trade in the full com- pafs and extent of it. The only thing further that 1 imagine to be al- icdgable againft the Englijb giving countenance ..ud encouragement to the Scots in their prefent ( 202 ) undertaking, and to hinder their Joyning in the protection and defence of them, is that it may prove prejudicial to the Church of England, thro’ the giving way unto, and concurring to pro¬ mote the fetilemcnt of the Trcshyterian Form and Model in that part of the World \ the Church of England having found trouble and in- conveniencies enough from that Scheme of Ec- clelialfical Government in the Scats frame and Edition of it, while it hath been confined with¬ in their own Kingdom. This looks fo much like Bantering inftead of Reafoning , that it may be continued for a reproach put upon the llndeiltandings and good Sence of the greater part of mankind to vouchfafe an anivvex unto it, efpecially in a. Kingdom, as welt as an Age, wherein the Jus divinum of tins or that Form of Church Government, obtains a very (lender room, in molt mens Belief. And it were well, if ail thofc who are reckoned to have the beft natural and acquired parts, could be brought to agree in the Ejfcntials of Cbriitia- nity, tho’ they continued to differ in Difcipliua- ',y points. Yea ir is to bo feared, that the Dog- maticalnefs and die Intemperate zeal of fome, for things vailly removed from being Funda¬ mentals in our Religion, have rendred too many perfons Sceptical tu die Material Articles of it. .And if we could better bear with one ano¬ ther, and agree to differ in Religious Matters of lefs Importance, we might thereupon pofli- bly better accord, and more fecond each others endeavours in the defence of the Apoftolical and Athanafiaa Creeds. But how ftrangely are the Scots circumffan- ced and ftated, with refpect to their Darien Underta- ( 203 ) Undertaking, when thofe of the Romiih Com¬ munion, are alarmed at, and incenfed againft it, upon the Foot, that it will be an Introdu¬ cing of the Reformed Religion into thofe parts of America where it never was; and at the fame time, fome Trotcfhmu are the lefs favourable unto it, bccaufe it may be attended with the Erection of a Form of Ec- clefiaflical .Government and Difcipline there, different from thofe of the Chard) of England. Whereas we fhould be thankful to God, that the Reformed M'mon is like to obtain fome footing where ic never had any. And we ought certainly to acknowledge and reckon, ,that this will abundantly compenfate for the Inconvenience of Presbyteries going along with it. And how much forty foever I am, that there lhould be fo much of what is properly I’cH-rv fpread among, and received by the Aimrit,Irdi.ms, within the Spanijh Domini¬ ons and lhevinces in the Weft-Mics-, yet I cannot, hut declare my Joy, that the Ckificui Religion, how much foever Sopliiilicatcd and Embafed as well as Emafculated, with and by Romiih Errors and Snperlbitions, is nerathe- lefs conic to be conveyed unto, and planted among them in any Meafure and Degree. See¬ ing thoD’ciJoy can fave no man, yet the Chri- fliiciity that is in the Papal Religion, (in that the Church of Rome believeth whatfoever We do believe) may be a means of laving every man that is upright and iincere, and whole Milfakes, Errors and Supcrllitions, are not die Eilecis either of Wilfulnefs or of Negli- gmce. but of infuperable Ignorance. Which as ( 204 ) it doth at the leaft wonderfully extenuate their Crimes and Guilt before God, and ren¬ ders them prepared and qualified Subjects for the Divine Companion, fo it fliould awaken Zeal in fuch as have love for Souls, and are concerned to have the Kingdom of our Lord JESVS Chvift enlarged, both for the rectifying the judgments of thofe poor Indians, which have been v/ofully milled in matters of the Ciiriltian Faith and Worfhip by the Spaniards, and for having the Golpel Preached in the purity and limplicity of it, among thofe Na¬ tive Americans who knew Nothing of it. And it is no finall difgrace unto Proteftant King¬ doms, States and Churches, that while they of the Romifh Church have {hewed themfelvcs fo forward and indufh'ious, and have been at fuch vaft expences, to fend and maintain Mif- fioners in thofe parts, and in Mahometan Coun¬ tries, for the publifhing of the Chriflian Re¬ ligion, tho’ wofully corrupted by fuperadded Doffrines and Superlfitions of their own} that none of thofe ftiled Reformed, have concerned themfelves therein to any purpofc, five where they have Plantations, that will without their Aid, fublift and maintain Preachers, and thefe alfo very poorly fupplyed and provided with pious and able Miniiters. And indeed one would wonder, tint after tile Laws ill England, for giving Llbtny to fuch there, as are Diffcnnrs from the Dmcfan Jurifdiftion, and from the Rites, Ceremonies and Modes of IVorjhip ofthc EpifcopalChurclyt ftould raife Jcalouiie, Envy and Pique of and againit the Caledonian Colony, upon the motive that the great body of the Planters , and the Governors and ( 205 ) and Directors of that fettlement, vail be of the Presbyterian perfwafion in thofe Extneflcn- tials of Chriltianity. Whereas for my part, were I a Zealot for the Englifh Epifcopacy and Liturgy, neither of which in my opinion, ought to give that offence to Wife, Learned and Good men, which fome pretending to all thofe Chara&ers, have conceived again!!; them; yet I fhould not be forry, to fee fome of the bi- gotted Scots Prcsbyteriansto tranfport themfclves thither, where I am fure they will do lefs harm to the Church of England, and may be to Religion it fell, than they have done, and Rill are like to do nearer at hand. Tho’ even what they are in the very Neighbourhood able to do, againft tire Diocefm Government, and the Liturgical Worihip, will not without a Lock of men of more Learning and difereeter Con¬ duit, than thofe men the Church of Scotland is at prefenc vurnifned with, iignifie much to the difparaging or fupplanting of either, fur¬ ther than as Law and Force do interpofe. And againft that Zlltima Ratio Ecckfu. as well as Ada I know no methods that can lie law¬ fully run into, five thofe of Patience and Hu¬ mility, under Violence and Severity from them, accompanied with Integrity and .Moderation, in tiie firmly keeping and modciliy ailcrting of Epifcopal Principles. Nor are the Scots at Caledonia like to be fo bigotted, narrow and peevifh with refer- ience_ to the extraciTentials and circumitanti- als of Religion, as they have been found in Scotland ; in that the Directors and Overfecrs of that Plantation, have emitted a Dccla- r.aio-o, wherein they grant Liberty of Con- J deuce ( 20 6 ) fame to 'all that will come and fettle among them. Which as it plainly Ihews, that the denying of it at home, is not upon the foot o {Confcience, feeing on that Foundation they fliould allow it no where \ but that the refu- Jing it in Scotland, is upon the motive of ho. mlntiior ., and worldly Policie *, fo who knows, but that this Precedent of theirs in America , may prove a leading cafe to their being more indulgent that way in Eirrope, than hitherto they could be prevailed upon to be. And that being no longer reftrained by Principles, which guide and over-rule Confcience from granting Liberty to fuch as Dijfent from them in lefler matters of Religion; the Intereft of the Kingdom may in time overfway the pce- vilhnefs of their Clergy. For tho’ I do rea¬ dily acknowledge, that no Liberty upon what- foever pretence of Confcience, is to be gran¬ ted unto any, whofe principles do not only Authorize them to the difturbing and over¬ turning of Civil Government-; but do make the Blafpheming God, and the ridiculing of all revealed Religion venial, and the living brutidily and fenfually Lawful ■, yet in matters that are purely Pveligious, wherein too much rigour and feverity have been commonly exerted, I do take it to be our Duty to bear with, and forbear one another in Love and Peace, for I do really believe it to be one of the info Truths dictated to us by Nature, that where¬ upon a perfon is to venture his Eternal State, that therein he fliould be allowed the liberty and freedom of chooiing for him- Finally' ( 207 ) Finally this exception will prove the more vaiii, as well as furprizing, if it be but ob- ferved that the Form of Church Government , and the Modes of ChrijH.m Worth ip , even in fome of the Englljh American Plantations , are no lefs diffonant from, and may be of work confe- quence to the Church of England, titan what the Scots are fuppofed refclved to fee up, and to be in the Practice of in their Colony at Da¬ rien, of which if I miftake not, Ncm England and Fcnfilvania , are undeniable Inftancesr In that Indcpcndeincy which fufficiently ftrikes at Epifcopacy , and ail the Ceremonies of Vrclatka.l worfhip, obtains as the legal Form of Govern¬ ment, Difcipline and Worllrip in the (irit, and Qna.hr,-ifm , which is a collection and fyftem of very dangerous errors, both in Doctrin, Worfhip and Difcipline, is the Chriftimity that prevails, and is countenanced in the latter. Having now fully reprefen ted the whole, . that 1 Judge either needful, or convenient to be faid, noc only for the Juftification of the Siots, with refpeef to their prefent Underta¬ king, and the Vindicating them therein, from whatfoever with any lhadovv of reafon can be cxceptccl againlt it \ but towards the clearing and demonftrating how fubfervient their being Countenanced, Protected and Af- fiiied in it, will be to the Intcreft of England, and the Dominions thereunto belonging, as well as to Scotland ■ all that doth further re¬ main to Le added, ere I put an end to this difcourD, is to acquit my felt of a pvomife made in one of the foregoing sheets. Name- iv that y.crc I inclinable to recriminate, it ( 208 ) were eafy to fatten fome of the worft of tbofe imputations upon the Spaniards, whereof them- felves have been fo liafty to accufe the Scots. And that as the ways of Force, which they have run into, do not correfpond with the Alliances between the Crowns of Great Britain and of Spain ■, So that thro’ having betaken thcmfelves to thofc methods, they have altogether acquit- ed and abfolv’d his Majcjly, from having that amicable and friendly regard to the Memorial prerented unto him, in the name and by the Authority of the King of Spain , that had they pcrfeverc'd in the ways of mildnefs, might have been expected from him. It being unqueftio- nable, that upon their perfevering in thole mea- fures, his Majefty would have comply’d as far with their defires, as either in Juftice he fhould have found himfelf obliged, or as his Royal care for the Inter eft of his Kingdom of Scotland, or the truft repofed in him by that Nation (for the difeharge whereof he is facredlyand folemn- ly bound by Oath ) would have allowed. Nor can it be a trefpafs againft that profound relpect, which is payable to every Crowned head, even by fuch as are the Subjects of other Princes, to intimate in Terras of Deference and Modefty, that the Spaniards, thro’ having betaken them- fdves to ways of Force and violence againft the Scots, and that not only poficriorly, blit antecedent¬ ly, to the prefenting the Memorial , they have transformed that into a Jefl, if not an Affront, which might otherwife have been interpreted an Acl of efieem and kindnefs for his Britannicft Majefty. For whereas the Memorial was not delivered unto the King, until the 3d. of May, 1 609 they had above Seven wcev before that, ( 209 ) not only detained fuch of the Scots Prifoners, who by Storm and ftrefs of weather had been call upon the Ceeft where they have their Colo¬ nies and Fortificationsbut they had likewife Invaded and ailaulted the Seats, within thei: own Territory and Diftrift, with an armed and military Power. By which, the Actings of the Sf.ir.ifi> Cover- murs in America, are not only wholly incongru¬ ous and inconfiftcnt \ and altogether irreconcil¬ able with the proceedings of his Catholick Ma- jefty’-f Ambafifadour at London j but the Crown of Spain is become apparently guilty of the InfraFtion of the Alliances between his Majelly of Great Britain , and that King: For where¬ as it is provided by the Third Article of .the Treaty 1667 , and by the Fourteenth Aniele of the Treaty 1610, Tnat if any Injury fiiail be done by either of the J,'lid Kings, or by the Subjefts of either of than, again]} the Articles of thofe Alliances, or againft common Right, there fin’ll not therefore be given Letters of Rcprifal , Marque, or Coitntcrmarquc, by any of the Confe¬ derates, ttntill finch time as Jnftice is followed in the ordinary mafic of Law, and unlefis upon a denial or an unrcajon.tble delaying of Juft ice. Yet not only while the cafe is depending, and notwithft-anding the afluranee given by his tannick Majelly to the Cathohek King. That he will caufe examine the Jultice or Injuftice of this Kiel of the Scots, and thereupon aft towards the Crown of Spain, according to the meafures of Law and Equity, and the tenour of his Alliances j but even previoufly to then' repvefeutation of that matter unto his Maje- ( 210 ) fty, the Spaniards have actually fallen upon tli Scots, in the ways above mention’d. And whereas it is Concerted and Stipulated by the Tenth Article of the Treaty *1670, That if the Ships which do belong to either of thefe Kings, or the Subjdls of either of them, Jhall by ftrefs of weather, or othtrnvifc, be forced into the Ri¬ vers, Bays, Ports, dec. belonging to the other in America, that they fhall be received kindly, and treated with nil Humanity mid Fricndjhip, Yet neverthelefs the Spaniards have in- direct Vio¬ lation of that jirthle, apprehended and kept inch of the Scots PriJ'oncrs, as were forced a Shoar at Curthngoi.t by the Violence of a Storm. By which as they have plainly made them- felves guilty of an Infraction of Alliances be¬ tween the two Crowns -, fo they are become the A'jgrefjlrs in a War, which neither his Majefty nor hisSaw Subjects have given any juft caufcfor, or provocation unto. Andas they have thereby rendred it Lawful for the King to oppofc Force r;, w againft Force, it being received as a Theorem 2 exprefleth it; He and they making one Poli¬ tical Body, whereof as he is the Head, lb they arc the Limbs and Members. And that the aggreflcd may at all times en¬ deavour, not only to defend themfclvcs a- gainlt, but that they may alfo Lawfully attack the Aggreflor, while he cominueth to purfue his Hoftility, feems one of the firft dictates of the Law of Nature, being a fentiment wherein all Mankind are agreed.- Yea it is the only remedy and relief left by God, and a- greed upon by Nations, for the Obviating, Withftanding and Punilhing of thole, who upon the motives of Ambition, Covetoufnefs, or of any Lull elfe whatfoever, do feck to Diffurb and Injure others, (foras Pnffcndorf Lays, Vmim fniffet fir.acpiffc nr alter Udatttr , fi nb do faflo it Ufns fitcrit , dammim ipfi gratis (it devorandmu , & c\ui Ufti^ fruBii ftta injuria fccurc , & citra reftifmcm ganders queat , It were d vain thing to have prohibited the doing wrong by one to another , if he who fitfers the Ini my, P 2 Jhall ( 212 ) frail be obliged tamely and remidilejly to bear it , and be who commits it , (hall without reprifal made upon , and reparation exalted of him , be allowed in Oiiletnefs and Safety to enjoy the fruits of his l r ,oUncc and Rapine. Nor have the moll civili- y.cd Nations, accounted any provocations what- foever to be a Jufter • caufe, for their making , War, than their having Injuries done to their ’ people. Majorcs Noftri , lays Cicero,frpe Merca- torilms & Naviculariis injnriofuts tractatis bella (ufferunt , Our Auceftors denounced and commenced Wars , in cafe their Merchants , or their Mariners , were wrongfully and abuftvcly dealt with, which • he repeats again elfewhere, laying, Qtiot bella Majorcs noftri fufeeperuut , quod crocs Romani in¬ juria affefti , Navicularii retenti , Mercatorcs fpo- liati diccrentur ■, how many Wars have our Fore¬ fathers undertaken and purfued ., bevaufc of Ro¬ man Citizens being Injured ., their Subjects made Prifoners, and their Merchants pillaged. But I hope as well as defire, that the Spa¬ niards will fo far bethink and recollect them- ielvcs, as not to profecute a War againft thofe, that have neither wronged them, nor are willing to be their Enemies, and that they will not only forbear all further Hoflility, but make Satisfaction for any Injury they have dene. Towards the efiedting whereof, little more will be demanded, than the releafing cf thofe, whom they illegally and unrighte- oufly detained as Prifoners, when thrown upon thc-ir Ihoar by the Violence of a Storm; and for the reiloring of whom, they may have alfo fucii of their own in exchange, Who became lawful Prifoners to the Scots thro’ ( 21 ? ) thro’ being taken in actual Hoflility, and in the Field of Battle. And that the Spaniards may be brought to calm thoughts, and to a cool temper, it may not be amifs to offer to their confideration, that the flakes for which the Scots and they are about to quarrel, are fo far from being equal, that what the Spaniards are ready to hazard, and going to put upon the Dice of War, is vaftly beyond what the Scots can be expofed to the Risk of. It being plain that the whole which they are capable of loffng is a little fpot of ground upon the IJihrmu , and a few men} whereas the Spaniards, are about to venture no lefs than all their Colonies there, and fomcofthe Richeft Provinces which they have in Amc- ric.i , together with greater proportions of men, whom they are not fo over flocked with, as tochufe to be prodigal in hazarding- them. And as the Spaniards ought ferioufly to ponder, how uncertain the liiue of the War may prove , fo they cannot be igno¬ rant, if fuccefs fliould attend the Scots , what they will rightfully thereupon become entitled unto. It being fettled as a rule among all Nations , that in flieh a cafe, Omnia bona cjtt.t PiBtss habuit vhiotis fieri, what- foever n'as his , or theirs, who are conqucicd, doth in right become theirs who Conquer them. < 5 , ft qua ex hofiibns capitmtnr, jlathu capientium bunt, And that all that is taken from Enemies , doth by the Laws of Nations , fall under the legal Property , as well as the pojftjfon of thofe that ftbdiicd them and took it. Bnt this being a Subject that I have no call to ( 2X4 ) to Meddle with, as being neither fr a . med for the Cabinet , nor the Tent , [ fball both decline it, and put an end to this Difcourfe. FINIS.