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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, Capⁿ Robert Jolly, Capⁿ Robert Pennicuik, Capⁿ William Vetch, and Capⁿ 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 ½0th part of all Lands and grounds that shall be possessed by the said Colony.

9. That the Company do also reserve to themselves, the ½0th 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.