A SUPPLEMENT OF Original Papers AND LETTERS, RELATING To the Scots Company Trading to Africa and the Indies. Anno Dom. 1700. To the Honourable My Lord Seafield, Secretary for the Kingdom of SCOTLAND. My Lord, THis is by Order of the Council General of the Company of Scotland, Trading to Africa and the Indies, to acquaint your Lordship, That we have prevailed upon Lord Basil Hamilton to be at the trouble of going up with an Address to His Majesty from our said Council-General, on behalf of Captain Rob. Pinckartan, and Thirty more, who were wrongfully detained Prisoners at Carthagena since the beginning of Feb. last, and (as we are informed) are most inhumanely treated. We are daily importuned by their Relations (who are very considerable) for their Relief; and it is of great concern to our Company, that something material be speedily done therein, not only for the sake of the said Prisoners, but also that others may thereby see, we do not abandon the Interest of such as engage themselves in our Company's Service. Lord Basil Hamilton is fully instructed in all matters relating to the said Address, and other Affairs relating to our Company, of which he'll inform your Lordship. Wherefore we entreat that your Lordship be pleased to introduce him to His Majesty, in presenting of the said Address; and to assist him in procuring a gracious return from His Majesty; in the confidence whereof, I remain, My Lord, Your Lordship's most humble Servant, Yester, J. P. C. G. Sedr. 4th Decr. 1699. The Company's Address to His Majesty. May it please Your Majesty, WE your Majesty's most dutiful Subjects, the Council-General of the Company of Scotland, Trading to Africa and the Indies, having formerly, in most humble manner, represented to your Majesty, how that we have, with much Trouble, great Expense, and after many unexpected Stops and Difficulties, settled a Plantation and Colony on the North-side of the Isthmus of Darien, on the Continent of America, precisely in the Terms of your Majesty's Acts of Parliament and Letters Patent under the Great Seal of this Kingdom. We now, in all Duty and Humility, beg leave to represent further to your Majesty, That whereas in the said Acts of Parliament and Letters Patent there is a special Clause, by which your Majesty is graciously pleased to promise, That if contrary to the Rights and Privileges therein mentioned, or contrary to the General Treaties of Peace and Commerce between your Majesty and any Potentate Prince or State in Amity with your Majesty, the Ships, Goods, Merchandise, Persons, or other Effects whatsoever, belonging to the said Company, should happen to be stopped, detained, embezzled, or taken away, or in any sort prejudiced or damnified, That your Majesty would interpose you Royal Authority, to have Restitution, Reparation, and Satisfaction made for the damage done; and that upon the public Charge. And whereas likewise by the X and XI Articles of the Treaty concluded between the Crowns of Great Britain and Spain, at Madrid the 8 8/18 18 day of July 1670. It is specially stipulated, that in case any of the Subjects of either the Confederates with their Shipping be forced at any time, through stress of Wether, pursuit of Pirates, or Shipwreck to retreat and enter for shelter, and harbour into any of the Rivers, Creeks, Bays, Havens, Roads and Ports belonging to the other in America, That the Persons so Shipwrecked or forced a Shoar, shall in no sort be detained Prisoners but that on the contrary, all friendly assistance and relief shall be administered to their distress, both for the Sustenance of their Persons and reparation of their Ships and conveniency of their Voyage, and that Letters of safe conduct shall be given them, for their free and quiet passage thence. Yet notwithstanding thereof a Ship called the Dolphin belonging to our Company, being sent from our said Colony to some of the Leeward Islands, with a Cargo for buying Provisions, and the said Ship in a few days time after her going to Sea and plying to windward, for the speedier passage striking unfortunately upon a Rock, sprung a Leak and being forced to run ashore, under the very Walls of Carthagena to escape Shipwreck, not only the said Ship and Goods were violently seized and disposed of as prise but also the Men to the number of thirty, and a Boy (whose Names are here subjoined) were detained and made close Prisoners, contrary to the express Terms of the said Treaty. Upon notice whereof, the Council of the said Colony sent, in your Majesty's and said Company's Name, a Messenger with a very civil Letter, to the Governor of Carthagena, to demand your said Subjects, who were wrongfully detained Prisoners, as aforesaid; and likewise Restitution of the said Ship and Goods, pursuant to the Treaty above-recited; and sent also Copies of the Acts of Parliament and Letters Patent abovementioned, in English, Latin, and Spanish, for the Governor's information; but instead of any compliance to those just and reasonable Demands, the Messenger was threatened to be put in Chains, and not so much as allowed to see any of the said Prisoners. And being lately assured that (notwithstanding of all endeavours hitherto used for their Liberation) they are, contrary to the Rules of Christianity, Humanity, and the Law of Nations, still detained Prisoners under very severe treatments, we think ourselves in Duty and Conscience bound to lay their deplorable Case before your Majesty; and for that effect have commissioned Lord Basil Hamilton, one of our number, to present this our humble Address on their behalf to your Majesty, and to give your Majesty a further account of our Company's other Affairs, as he is particularly entrusted therein; not doubting but that your Majesty will, in your Royal Wisdom, take speedy and effectual Measures for the redress of those Damages, and the freedom of those distressed Prisoners, in the number of which there are some young Gentlemen of good Quality, and related to the best Families in this Kingdom. Signed at Edinburgh the 4th Day of December, 1699; In Name, Presence, and by Order of the said Council-General, by, May it please your Majesty, Your Majesty's most Faithful, most Dutiful, most Humble, and most Obedient Subject and Servant, Sic Subscribitur, Yester, J. P. C. G. The Chancellors Letter to the Directors of the Company. Holyrood-house, Saturday the 6th of January 1700. Right Honourable, HIs Majesty's Secretaries of State have acquainted me, That the King will not allow my Lord Basil Hamilton access to him, Because he did not wait on his Majesty when he was formerly in London. And that he has never since given any public Evidence of his Loyalty, nor has hitherto owned and acknowledged His Majesty's Government. But his Majesty will not refuse to hear what my Lord Basil's Instructions are, and has Declared his willingness to be informed of what the Company desires. And if my Lord Basil will give in Writing to His Majesty's Secretaries, what he had to represent, His Majesty will receive Information from their hands of what is Demanded, and will give his Answer to the Company; His Majesty doth not refuse to Receive the Petition, tho' he will not allow my Lord Basil to be the presenter of it. This is from To the Right Honourable The Court of Directors of the Company of Scotland, Trading to Africa and the Indies. Right Honourable Your very humble Servant, Sic subscribitur Marchmont Chancellor. A Letter from the Directors of the Company, to the Secretaries for Scotland. My Lord, THE Council-General of our Company, having lately at a very frequent Meeting; thought fit to send up one of their own Number, with an Address to His Majesty, and with Instructions concerning the Contents of our Company's former Petitions; they thought that none could be more Capable to Discharge that Trust, than Lord Basil Hamilton, as being throughly Versed in the course of the Company's Affairs, nor more acceptable to His Majesty, as having had no objection made against him when he was appointed; several Lords of His Majesty's Privy Council being then present. And the Council-General having signified so much to your Lordship by a Letter, wherein they entreated; that you would be pleased to Introduce him to the King, and give your Concurrence in procuring a Gracious Return to what he had in Commission, and which he was to Communicate to from Lordship. We are surprised to find this day by a Letter to the Lord Chancellor; that the King will not allow Lord Basil Hamilton to have Access, because he did not wait upon His Majesty when he was formerly at London. But his Lordship being sent by, and having his Instructions from the Council-General: We the Court of Directors can say nothing to it, other than to entreat your Lordship that you'd use your Interest with His Majesty, to allow Lord Basil Hamilton, to have Access to His Royal Person, lest the Refusal thereof be not only a great Discouragement to the Company and all its Wellwishers, under its present Difficulties and repeated Misfortunes; but give also ground to the World, to believe that his not being allowed Access to His Majesty, is upon the Account of his carrying an Address from this Company, which every Body knows stands in great need of, and has a just Right to his Majesty's Royal Favour and Protection, And which being the General Concern of the whole Nation, is confidently expected and signified to your Lordship, by Order and in name of the Court of Directors by Edinbur. the 9th day of January, 1700. My Lord, Your Lordship's most humble Servant, Sic Subscribiter Pat. Scot I. P. C. D. From the Company, to my Lord Basil Hamilton. My Lord, WE have your Lordship's Letter, of the 2d. Instant, by yesterday Post in relation to the Contents of which, we send you herewith the Copy of a Letter, which we have written by this Night's Post, to both the Secretaries of State, and likewise the Copy of another Letter, which we had this morning from the Lord Chancellor upon the same head. As our Company cannot but have a just sense of your Lordship's generous condescension, to the Council-General's Request, in undertaking a troublesome Journey to London, this time of the Year, to wait upon and Solicit his Majesty about our Company's Affairs, with no other view but frankly to serve the Interest of your Country to the manifest neglect of your own, So we cannot but hearty regret that the carrying of the Company's Commission, should be the occasion of putting any such distinguishing Mark, upon a person of your Lordship's Quality and merit, as to be denied access to His Majesty's Person, because you did not wait upon His Majesty when you were formerly at London. No body can be so blind as not to see through this. And whereas we never could hear that your Lordship did ever any thing unworthy of your Quality, or inconsistent with the duty of a Loyal and Peaceable Subject. So we are still hopeful, that by your own prudent management, His Majesty may be undeceived of any misrepresentation, he might have had of you, and that he will yet condesend to grant your Lordship access to his Royal Person, with the Companies said Address, and give you a gracious Answer, to the Contents thereof, and to the other particulars mentioned in your Instructions; An account whereof would be very welcome News, in the midst of our misfortunes, to the Company in general, and particularly to the Court of Directors in whose name, and by whose order this is from, My Lord, Your Lordship's most humble Servant, Pat. Scot I. P. C. D. Edinburgh the 9th day of January, 1700. His Majesty's Letter to His Council of Scotland. William R. Sic suprascribiter, RIght Trusty and Right well Beloved Cousin and Councillor, Right Trusty and entirely beloved Cousin an Counsellor, Right Trusty and well Beloved Cousins and Counsellors, Right Trusty and well Beloved Counsellors, And Trusty and well Beloved Counsellors, We greet you well, WHEREAS The Council-General of the Company of that our Kingdom, Trading to Africa and the Indies, By their Letter to our Secretaries of the Fourth day of December last; did desire, That they might give their concurrence to procure a Gracious Return from Us, to the Petition which they had sent with Lord Basil Hamilton. And the said Lord Basil, having communicated to Our Secretaries, both the foresaid Petition and His Instructions; And they having Represented to Us what is desired in behalf of the said Company, and We having refused the said Lord Basil Hamilton Access, to present the foresaid Petition to Us, for the Reasons, We did Order Our Secretaries to Communicate to Our Chancellor; Yet We being willing to give an Answer to what the said Company does desire. You are therefore to call for some of the Council-General, and acquaint them that We are Resolved in the terms of our Treaties, to demand from the King of Spain, that Captain _____ Pinkarton and these of his Crew, who are detained Prisoners at Carthagena be Released and set at Liberty. And you may also acquaint them, That our Subjects of that our Kingdom, shall be allowed the same Liberty of Trade, that others enjoy with the English Plantations; And in general, You may signify to them, Our Resolution to promote and advance the Trade of the Kingdom, And the three Friggots they demand, having been given by Parliament for guarding the Trade of the Coasts, We are not resolved to dispose of them till We have the Advice of Our Parliament, And so We bid you hearty Farewe. Given at your Court at Kensington, the Tenth day of January 1700, and of our Reign the Eleventh Year, By His Majesty's Command Sic. Sub. Seafield Directed thus, To Our Right Trusty and Right well Beloved Cousin and Counsellor, Our Right Trusty and Entirely Beloved Cousin and Counsellor, Our Right Trusty and well Beloved Cousins and Counsellors, Our Right Trusty and well Beloved Counsellors, And to our Trusty and well Beloved Counsellors, Patrick Earl of Marchmont our Chancellor, and the rest of the Lords and others of our Privy Council, of our Ancient Kingdom of Scotland. This is a true Copy taken from the Principal and Subscribed by Sic Subscribitur. Gilb. Eliot Cls. Sti. Con. An other Letter from the Company, to my Lord Basil Hamilton. My Lord, YOur Lordship's Letters to the Court of Directors, having been by them Communicated to us, We cannot but acknowledge, that as you have at our request Frankly undertaken a troublesome Journey and Task, to serve the Interest of your Country and our Company: So we are fully satisfied, that you have acquitted yourself with a great deal of Prudence and Discretion in the execution of that Charge, for which we render you most hearty Thanks: But finding by a Letter of the 10th. instant from His Majesty to the Lords of His Privy Council, and by a former from the Secretaries of State, to the Lord Chancellor (Copies of both which are herewith enclosed) That His Majesty has determined not to allow your Lordship access to present our Address, nor to impart to His Majesty, what other things we gave you in charge by your Instructions. We are hearty Sorry that your Lordships carrying of our Address, should bring you under any such disagreeable circumstances with His Majesty. But the matter being so, we cannot think it just to detain your Lordship any Longer at London, to the neglect of your own affairs at home, and do therefore hereby signify that your Lordship may use your own Freedom, to take Journey homeward as soon as you think fit, and as may suit best with your conveniency. This is in name, presence and by order of the Council-General of our Company from My Lord, Your Lordship's most humble Servant, John Home P. Edinburgh the 29th of January, 1700. FINIS.