Series 2 > Seafield correspondence from 1685 to 1708

FIRST EARL OF SEAFIELD
297
1700]
sale of these effects, the same to be disposed of by his Majesty and the
Ministry of War for the Indies conform to this order : Arid whereas it
appears from the records produced in the said proceedings that the
persons named below are also guilty, viz., the Duke of Hamilton, Lord
Panmure, the Marquis of Tweeddale, and others of the kingdom of
Scotland who, although subjects of the King of Great Britain, formed
without his permission a company to promote this armed settlement in
Darien, Panecop [Pennicuik], commodore of the said squadron and
other naval and military captains together with several other officers,
as well as the members appointed as a board of the said company who
embarked in the said squadron, all mentioned in the records of the
said trial, and those who remained in the kingdom of Scotland, who
are all worthy of punishment for so detestable an outrage, it has been
ordered to the end that the good understanding between the crowns
of England and Spain, which all the above accused have violated, be
maintained, that there shall be drawn up a duly authenticated copy
of the records proving the truth of these accusations, to be transmitted
by the Lords of the Privy Council to the Spanish ambassador or the
Minister holding the place of Spanish ambassador in England, to be
communicated in the name of the King our Lord to the King of Great
Britain, and that the said Minister make urgent appeal to his Majesty
of Great Britain to order his Councils, Parliament, or other Courts of
Justice to punish in an exemplary manner the said culprits, representing
to him the great damage this outrage has caused the crown of Spain,
and the inconvenience which will result to the whole of Europe if they
are allowed to go unpunished. We also command that an account be
made out in all the departments concerned of the whole expenses we
have been obliged to incur in this kingdom by reason of this invasion,
for the outfit of the squadron sent to Darien and to the Golden
Islands to subdue them, and all the other expenses incurred in
consequence, and that these accounts with the above proceedings be
presented to his Majesty of Great Britain, to the end that he may order
his Councils and Courts of Justice to charge them to the said Scottish
company, so that we may receive from them complete and just satis¬
faction, and that the result of the efforts made by our Minister together
with these proceedings may enable the King and the Ministry of War
hereafter to resolve what may be most fitting for the service of his
Majesty.
And since the governor of Carthagena should have summarily
punished in an exemplary manner the said prisoners and all the others
who were on the said ship Dolphin without waiting for further orders
according to ordinance and law, and since he not only failed to do so
but delivered some of them up to the fleet of Borlavento which was
then in the harbour of Carthagena, and seeing that the audacity of
foreigners is increasing daily in the Indies for want of enforcing the
appointed penalties, and by reason of the indulgence and impunity
which occasion the same, we pray his Majesty to take such measures