Reprefentation and Petitioil OF THE COVNCIL-GENER.AL OF THE 3nstan»dSlfritan COMPANY T O T H E PARLIAMENT Edinburgh, Printed in the Year ijqoI TTT To His Grace His Majefty's HighCommiffioner, and the Right Honourable the Eftatcs of Parliament. The humble Reprefentation and ^Petition of the Council- General of the Company of Scotland, Trading to A- frica and the Indies. May it plcafe your Grace, and Right Honourable E/latet , T is evident by the whole Strain of Three fe- R veral Ads of Parliament, together with His g Majeftv £ s Letters Patent under the Great JL Seal of this Kngdom, in favours of the Laid Company, That the Wifdom of the King and Right Honourable Eftates did intend .that all fuch Advantages as might arife by the eftablilhing of fuch a Company, Ihould be of as univerfallv a National Concern as poffible ; And in order there¬ unto,were pleafed to endow it with large Privi- ledges aud Immunities, futeable to the Circum¬ stances of an Jnfant-Company, and the Great- nefs of its Defigns : And left that it Ihould fail A 2 in in the Execution, For want of a fufficient Stock tq carry on fuch an Undertaking, all imaginable Parliamentary Encouragement was given to Per- fons of all Ranks, Ages and Sexes, both within and without the Kingdom, whether Natives or Foreigners, to become Partners and Adventurers in the Joint-Stock of the faid Company, as is fin- gularly manifeft by the 43d. Aft of the jth Seffion pf this current Parliament, Ipecially calculated for that end only. Upon the publick Faith of having due Prote¬ ction in the enjoyment of thefe unqueftionabie Priviledges and Immunities, as having received their Sanction from His Majeftv, and the unani¬ mous Suffrage of the Great Council of the N ation as afarefaid, many Perfons of all Ranks and De¬ grees were thereby induced to become Adventu¬ rers in the Joint-Stock of our faid Company, in fo much that- in a very fhort time, a much more confiderab.le Stock was fubfctib’d for within this Kingdom, than was ever before fo much as pro¬ pos'd here upon any Projeft whatfoever, lince we were a Nation. Being thus entred into a Society, We and our Conftituents have purfuant to the intentions of the Afts of Parliament and Letters Patent above- niention'd, with much care and trouble,and a great Expenfe of Treafure, after having ftiuggled with many unexpected Obftruftions and Diihcul- ties/etlqd a Plantation, by the Name of Caledonia, in one of the rooft Healthful, Fruitful, natural¬ ly impregnable, and every way valuable Places in all America,^ is univerfslly acknowledged by all Perfons pf Experience in fuch Matters, as well by tbs General Confent of fuch as have been .. there; there:And as a manifeftproof thereof tho f ourfaid Plantation be fetled moft ftriCflv in the terms of the Adis of Parliament and Letters patent above¬ men tioned^ vet it has raifed the Jealoufy ofiome, and Envy of others., of the moft knowing and confiderable Trading Nations in Europe. But,to our and the Nations great S'urprife, and ineftimable Lofs, while we were ufing all ordina¬ ry means, and big with the hopes of riveting that Settlement upon a lafting Foundation, fiich was the further continued Chain of unexpected Ob- ftruCtions and moll unaccountable Mai- treatments that we met with, by Proclamations of a very ftrange Nature, and otherwife, that the repeated Misfortunes following thereupon, put us under an indifpenfible Necefitty of humbly petitioning His Majeftv for allowing the Parliament to meet at the day appointed in November laftj in full confidence and Expectation of having the moft natural and cordial Alliftance from thofe who firft eftablilhed our Company and promifed it Protection ,• efpecially lince all our other Appli¬ cations have hitherto proved ineffectual: But a meeting of the Eftates in Parliament at that time not quadrating ( it wouldfeem ) with His Ma- jeftv's other Affairs, a very considerable Body of the Nobiiitv, Gentry, and BurgelTes of this King¬ dom, thought fit, in a molt dutiful and humble manner, by their late Addrels, to reprefent to His Majefty, how deeply they were afieCted with the Nations concern in our Company's repeated Misfortunes, and therefoie hurnbiv Petitioned for the fitting of this Parliament as foon as conve¬ niently might be. And the King having beep moft gracioufly pleufed to order the Meeting of tlye ( b) the Right Honourable Effaces now in Parliament, We think our Pelves in all duty bound to give His Grace His Ma jelly’s High Commiffioner and the Right Honourable the Eftates, a Ihort and naked Narrative of the feveral Obfrrufiions, and Misfortunes that vve have been all along forc’d to grapple with in the profecution of our Company’s Defigns, to the end that the g cat Council of the Nation, having a perfect \ sew and full Knowledge of thefe Difticulties which we now Labour under, may be the better able to to judge how to app'.v a Remedy. The firft attempt for llrcngthning our Com¬ pany's Ir.tereft and Stock was at London, where a Subfcription of gcocoo tterl. was procured in Nine days time, without fo much as a pubiick Advertisement, and many knowing Merchants were fo far convinc’d of the many Advantages that might probably arife from fuch a Confiituti- on, that they lignified their willingnds to be concerned for Triple the Sum, if allowed : But not only did the Parliament of England by their Addrefs to His Majefty of the 13th of December 1697. and otherways, renderrhat Subfcription ineffectual, but the Houfe of Commons did alia appoint a Committee, to examine what Methods lucre taken for obtaining the Ail of Parliament, by which »ur jafd Company is tfablijlied, mho mere ike Promoters atidAdvifers thereof j and did afterwards impeach the Nominees in die faid Aft of Parlia¬ ment,- porwithftanding the abfolute Indepen* deucy of this Kingdom: . Yet after ail this Dilcouragement, we went on with our Spbfciiptipns at home, and made our next Effort for flrengthning thereof beyond Sea, both both in Holland and Hamburgh : In the firft of which peaces many eminent Merchants declared their poficive inclinations to be very confiderablv interefted with us, and gave fome fignal Proofs thereof, till they were made to underftand by Threatnings andother Infinuations, that a Higher Power would make them atleaft very uneafy, if they perfifted any further in their Refolutions of being concerned with our Company. . And at Hamburgh, where we had the mod pro- mifing Hopes of foreign Aflidance, the Commtrcti or Merchant-Company, entred into Contract with our Company c s Deputees, to joyn at lead 200000 l. Sterl: toour Company's Stock,- but to our great Aftonifhment. His Majefty of Great Brit¬ tains Minifters there, did, under pretence of fpe- cial Warrant from »heKing,put afull flop there¬ to, by giving in A Memorial to the Burgo~Ma/lers& Gentlemen-Councellours ofthatCity wholly dif-owning the Authority of the Acts of Parliament, and Letters Patent above-mention'd,and intimatingthat HisMajefty would regard their entring into Treaties with our Company as an Affront to His Royal Authority, and that he would not fail to refent it, as having neither Credential Let¬ ters,nor being any otherways Authorized by HisMajeJly. Upon notice whereof, we did in all humble Ducv Addrefs His Majefty in June 1697, for Re¬ el refs of that open and bold Encroachment, upon not only out, but alfo the Nations Rights, in its mod fundamental Conditution, by endeavouring to fubveit the Independency of its Parliamentary Laws, exprefly contrary to the Law of Nations: AH which His Majefty by His Royal Letter from Flanders in July 1697, Promijed to take into Con fede¬ ration,as fosn as it would return into England,^ that in the ——■—~ the mean time,His Majefly would giveQrders in HtsMU nijlers at Hamburgh,»<>; to cbftuSour Lot- p. vyin the prosecution ofitsTrade with the Inhabitants of that City, In thefull Confidence of His Majefiy : s Royal Promife, we thought our feives fecure, and cook our Meafures accordingly, till to our further fur- prize, we found byfeveral Inftances, that HisMa- Jefty's faidMinifters were as wickedly bent againft us as ever, and ftill'denying that they had got any fuchOrders from His Majeftv: whereupon iheDi- re&ors of our Company, did, by their Letter of the 28 of September 1697, expoftulate in the firft place,with both thethenSecrecaries ofState.about that further Dif-appointment, but having ftill no Redrefs therein,we did in moft humbieand dutiful Manner,by ourfecond Addrefs-of the izd. day of December 1697. lay the whole Matter again before His Majeftv, And did likewife,at the fame time, not only humbly Reprefent the Premiftes to His Majefty c s'mofthonourablePrivy-Council,together with the train ofill Conferences that muft necef- farly attend fuch Treatment, if not prevented by an early Redrefs ,• but wrote aifo feparatly to both the Secretaries of State, and fuch other Noble Perfonsotthe Government, as happen'd to be then at London , To ufetheir Joint-Intereft, for procuring Juftice* in a Matter of fuch Univer- fal Concern to theHonour, Intereft, and Indepen¬ dency of the whole Kingdom. All the Anfwer we obtain'd, was by a Letter of the 17 th. of January 1698, from both the Secre¬ taries of State; That the King [aid, He had already given Orders to His Rejident at Hamburgh in that Matter , conform to His Royal Letter from Flanders, in July 1697, which Wat then communicated to the Com- ‘PW ... BX “ „ v y > By which Anfwer, together with what repeat¬ ed Advices we had at the fame time from Ham¬ burgh > that the Englifli Miniffers there, had ftili pofitively difowned their havinggotany fuch Or- ders, we were put outofal] Hopes of having any, Redrefs, until we /hould have anOppertunitv of laving the whole Matter before a Meeting of the Eftates of Parliament. But in the mean time we proceeded, with all the Strength we had (tho’ extreme^ weakned by theTreatment above-narrated ) to make the belt Preparations we could ( confidering the Scarcity of thefe Years jf for fitting out an Equipage of Ships, Men, Provifions, and other Neceliaries, for fettling a Plantation in America, in the Terms of the Ads of Parliament, and Letters Patent a- bove-mention’d : And its evident by the very Conftitutions of the Colony, that they were cah Culated more for the general Advantage of the Nation and Pofterity, than for the paiticularand immediat Benefit of the Adventurers. And the Parliament happening to meet the ve¬ ry next Day after our Ships had fail’d, we did, by our Humble Petition of the zid. of July 1698, Reprefent to liis Grace, His Majefties then High Commiffioner, and the Right Honourable Ellates then affembled in Parliament, the Treatment Which our Company met with at London and Ham¬ burgh as aforefaid, the great Prejudices which we had fuftain’d thereby, and the many further In- conveniencies and evil Confequences that muft hecelfarly have followed thereupon, if, upon a- hy Account whacfoever, the Parliament /hould happen to negied the taking immediat Cogni¬ zance of fuch Ufage. B A ni And the Parliament having thereupon, by their Unanimous Add refs of the altho at the fame time two Dutch Ships were then Watering there j which we have lince confirmed to us by Letters from Mr. Daniel Mackay, one of the Councellours of our Colony, dated at Port-Royal in Jamaica the 13 th. February laft *- By which Letters, he info; ms us likewise, That whenhe waited upon the Governour of that Ifland, concerning our Company c s Ship che St. Andrew lying in that Harbour, The Governour declared to him, That tho £ the faid Ship were fitted for going to Sea, he would not futfer her to go,without a lpecial Order from England for that Effedfc. We likewife humbly beg leave to inform Your Grace, and Right Honourable .Eftates, That a- mongfi: our Company’s many other Lojics and Mif fortunes, a Ship called the Dolphin, ladned with a valuableC:rgo,belonging to ourCompany, ftruck Unfortunatly on a Rock, by which fhe fprung a Lake, and being forc’d to run afhokr under the Walls of Carthagena , to efcape Ship- wrack, the faid Ship and Goods were bv the' Spaniards ( His Majefty f s Allies ) violently feized and difpofed of as Prize, and the Men alfo to the Number of 50 and a Boy, detainfo,and madeclofe Prifoners, not only contrary to the Law of Na¬ tions, ( we being then in profound Peace with, them ) but alfo contrary to the exprefs Terms of the 10. and ir. Articles of the Treaty concluded at Madrid the ~ Day of July 1670, between the Crowns of Great Brittain and Spain. By our dutiful Add refs of the 4th. of December 1699, we humbly Petition'd His Majefty, Thai He would be gracioufly pleajed to take thefe Proceedings^ of the Spaniards into His Royal Confederation fo as that fpeedy and effectual Meafures might be taken for the Re¬ dr efi of thefe Damages , and the freedom of thefe difereffed Vrifoners. In Anfwerto which,His Majefty was gradoufly pleafed, by His Royal Letter of the loth, of Janu¬ ary laft, to hgnify, That He was refolved in the Terms of the Treaties to demand from the King of Spain, that thefe Prifoners fiiould-be fet at Liberty. Yet fome of the moft confidcrable of thefe Prifoners being tranfported above half a Year ago to Old Spain; We have freqiient Advices from them by Letters, datedin CWit^Prifon, That they and all the Crew have been moftBarbarouffo iufed, and that they tlvemfelves are ltiil kept clofe prifoners, under very fevere. Treatment, Copies 1 . G of pf which Letters we have fomeMomhs ago tranf- tnitted to the Secretaries of State. By all which, it cannot but evidently appear to Your Grace and Right Honourable ..Eftaces, that tho c we have all along us f d our beif Endea¬ vours to wreftle through thefe almoft unfurmount- able Difficulties, and exerted even our utftroft ef¬ forts for retrieving ourLofles,as much as poffible, by endeavouring to repoflefsand mantain fo valu¬ able a Settlement • And tho* we have certain Advice of its being Repoflefs’d by our People, and that we have taken all imaginable Meafures for their prefent Supply : Yet we have too juft ground to be fully perfwaded. That unlefs the King and HighCourt of Parliament, do fpeedily Support, Protect, and Aftiftus, in the Profecution of pur Company^ lawful Defigns, that all our Pali, Prefent, and Future Endeavours muft, to the Nations indelible Reproach andDiflionour; as yvell as to its and the Company‘s unfpeakable and irreparable JLofs, prove unavoidably abortive. May it therefore pleafe Tour Grace and Right Honourable Efates, to take the feveral Matters of f 'aft above-mentioned, into your mof ferious Consideration ; To Vindicate Support , and Protett us in the Enjoyment of our lawful Priviledges , loth as a Company, and as Subjects of this free and independent Kingdom, to. take fuch Meafures, asTou (in Tour pro¬ found Wifdom ) may judge mofi Effectual, for repairing the many Damages we have already fuflai/d, and for djjifting us in^ the further Profecutioa of our Company's lawful Deftgns; but more efpecially , for the mantainance of our juft Right and' Title to the Settlement of CALEDONIA, and the Enjoyment offuch Advantages as (if My Protetted ) may probably arife thereby. Sign’d at Edinburgh the i^.Day of May , x 700. In Name, Pre¬ fence, and by Warrant of the faid Council-General by. MARISCHALL l.f.Q.G ,