+Source.+--_The Darien Papers: being a Selection of Original Letters
and Official Documents relating to the Establishment of a Colony at
Darien by the Company of Scotland trading to Africa and the Indies,
1695-1700._ (Edinburgh: Bannatyne Club, 1849.)
Know all men by these presents, that in pursuance of the powers and
privileges granted by the 32nd Act of the 4th Session and the 8th Act of
the 5th Session of this current Parliament--as well as by His Majesty's
letters patent under the great seal of this Kingdom, to the Company of
Scotland trading to Africa and the Indies, the Council General of the
said Company have upon mature deliberation _Resolved_ (God willing) to
settle and plant a Colony in some place or other not inhabited, in
America, or in or upon any other place, by consent of the natives and
inhabitants thereof, and not possessed by any European Sovereign,
Potentate, Prince, or State, to be called by the name of CALEDONIA; and
the said Council General, reposing full trust and confidence in the
capacity, fidelity, discretion, and good conduct of their trusty and
well-beloved friends, Major James Cunningham of Eickett, Mr. James
Montgomery, Mr. Daniel Mackay, Cap^n Robert Jolly, Cap^n Robert
Pennicuik, Cap^n William Vetch, and Cap^n Robert Pinkarton,--have
Resolved and fully agreed upon the following fundamental Constitutions
as a perpetual Rule of Government for the said Colony, viz.
1. That the Government Civil, Military and Admirality of the said Colony
and dependancies thereof, shall be and remain in the persons of the said
Major James Cunningham of Eickett, Mr. James Montgomery, Mr. Daniel
Mackay, Cap^t Robert Jolly, Cap^t Robert Pennicuik, Cap^t William Vetch,
and Cap^t Robert Pinkarton, from the time of their setting sail from
Scotland, together with such others as shall be assum'd and added to
them in manner after specified....
6. That all Persons, of what Nation soever, have full freedom and
liberty to trade to and from the said colony under the condition after
mentioned, and that such of them as shall come to live and inhabite on
the said Colony, shall according to their respective States and
conditions enjoy equal privileges with the other Inhabitants thereof,
such Inhabitants first giving up their several names and designations to
be enrolled in a particular Register to be kept for that use....
8. That the Company do reserve to themselves, the 1/20th part of all
Lands and grounds that shall be possessed by the said Colony.
9. That the Company do also reserve to themselves, the 1/20th part of
all Gold-dust, Mines of Gold, Silver, or other Metalls or Minerals, to
be delivered above ground free of all Charges, together with the said
proportion of Pearl-fishing, Wrecks, Ambergreese, precious wood, Jewels,
Gems or Stones of value, that shall any ways be found in or upon the
said Colony or dependancies thereof, and that the remaining 19 parts
thereof do equally belong to the Company and Colony in proportion to
their respective proportions of Lands in the said Colony, they always
contributing in proportion to their respective interests to all Charges
for discovering and working the said Mines and others....
In testimony of all which Premisses, these presents are in name,
presence, and by order of the said Council General, Signed by the
Company's Secretary and Sealed with the Company's Seal, At Edinburgh the
eighth day of July One Thousand Six hundred and Ninty eight years.