PART fels, confifcating their cargoes, and using their I. crews with the utmost inhumanity.

BUT in the year 1734, while Great Britain, 1734. to gratify the ambitious views of the Spanish queen, was principally concerned in establishing her fon Don Carlos on the throne of Naples and Sicily, to the great prejudice of the house of Auftria, the Spaniards then promised restitution for all their depredations, and fent orders to their American governors to do the British nation juftice; nay, they even condemned and confifcated one of their guarda coftas, towards making fatisfaction to fome merchants, whofe fhips they had ravaged. But no fooner had Don Carlos been peaceably invested in his regal dignity, than the Spaniards renewed their infults, and repeated their outrageous hoftilities on the English, not only in America, but even plundering their fhips in the Mediterranean; which rendred the British commerce fo precarious, that their merchants could not fail in fafety without the protection of a convoy. Thefe proceedings were the more atrocious, as committed during the very time the commiffaries, pursuant to the treaty of Seville, had affembled at Madrid, were receiving complaints from both parties, and with a profundity of deliberation fat expeditiously weighing them for more than seven years.

1738.

THE British nation, tired with the flowness of the Spanish commiffaries, and after many follicitations and previous trials with the ministers of Spain, in order to accelerate their proceedings, and enforce their demands, fent a fleet into the Mediterranean under the command of admiral Haddock this was the purpose of fending it the Spaniards were alarmed, and offered to treat ; the English minifters refufed to enter into any

treaty,

I,

treaty, till reparation for loffes, and fatisfaction CHAP for injuries were firft granted by Spain; and influenced by the terror of a British fleet, the Spaniards agreed to it, and their commiffaries proceeded to fettle what had been referred to them.

THE accounts of the English merchants, and their demands were carefully infpected and al lowed by the Spanish commiffaries, and the firft computation of the demands of England on Spain, was 343,277/. including those feizures which had been examined by the commiffaries as well as thofe that had been fince made; but Mr. Stert, the English commiffary was of opinion, that fuch difallowances might be made on account of un-. juft and over-rated claims, as would reduce the grofs fum to 200,000l. as a reasonable fatisfaction for the English sufferers. But as the English would not accept cedulas, offered for reftitution, to be made in the Weft Indies; or with affignments on the chamber of commerce at Seville, or on the register ship, or other fhips, or with any lefs fecurity, than actual payment in money in a fhort time at London, the English commiffary made an abatement of 45,000l. for the prompt payment, which reduced the English claim to 155,000l. By the treaty of Madrid in 1721, It is by the 5th article agreed, "That "his Britannic majefty fhould cause to be re"ftored to his Catholic majeftly, all the fhips "of the Spanish fleet taken by England, in "the naval battle fought in Auguft, 1718, in "the feas of Sicily, with the guns, fails, rig"ging and other equipage, in the condition they "were then in; or elfe the value of those which "may have been fold at the purchase price." And accordingly the reftitution of these ships was VOL. I. tendered

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PART tendered by the Englifh, to the Spanish comI. miffaries at Port-Mahon, where the fhips then' lay, who finding them greatly disabled, and unfit for fervice, refused to take them; and thereupon, by order of the governor of Minorca, the fhips were drawn out of the harbour and funk in the main Sea; for which the Spaniards now infifting on an equivalent, brought in a claim of 180,000l. and this being ftipulated by the English commiffary at 60,000l. there was then but an inconfiderable conceffion of 95,000l. from Spain, and the 60,000l. to be paid by the English government for the Spanish fhips, being only 155,000l. to compenfate the great loffes of the English merchants.

UPON this foundation the reciprocal fatisfaction for paft damages on both fides were negociated.

1

1739. ACCORDINGLY on the 3d of January, 1739, a convention was haftily figned at one of the palaces belonging to his Catholic majefty called the pardo, by the minifters of both crowns.::

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By the firft article of which, "The antient friendship was to be reftored, and two minifters plenipotentiaries to meet at Madrid, in "fix-weeks, finally to regulate the refpective pretenfions of the two crowns according to for "..mer treaties."

THE fecond article Refers to the fettling the limits of Florida and Carolina to the fame minifters, and in the mean time things to re main there, in the fame: fituation."

By the third, The king of Spain promises to "pay the agreed 95,000 7. but leaves the dif "putes between the crown of Spain and the Eng"Jifh fouth fea company, to be fettled hereafter."

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To this treaty were annexed two feperate arti- CHAP. cles; by the first of which " Plenipotentiaries "are appointed on both fides, and the payment " of the 95,000l. fixed to be made in London "in money within four months."

THE fecond" Relates only to the restoration "of two particular Veffels."

THIS treaty was accompanied with a declaration of the king of Spain, which his majefty infifted on as a preliminary to his figning the convention; by which, "He reserves a right of "fufpending the affiento of negroes, unless the

English fouth fea company, fubjected itself to pay in a fhort time the fum of 68,000l. fti"pulated to be due on the negroe duty."

THIS Convention was laid before the British parliament the 8th of February following, who ordered it to be printed. Thus being produced before the public, it occafioned a general concern, as they apprehended it too incompatible with the British honour and intereft, and accordingly feveral petitions were prefented to both houses of parliament by the lord mayor, aldermen, and common council of the city of London, the West India merchants of London, Bristol, Liverpool, and other places; fetting forth, the national prejudices refulting from the convention, and praying the redress of parlia ment against a treaty fo repugnant to the wishes and expectations of the generality of the kingdom.

THESE petitions were taken into confideration by both houfes of parliament; and the lords, after examining Mr Drake, Mr Bendish, Mr Stert late one of the British commiffaries at Spain, and feveral other merchants, concerning the English loffes; entered into a warm debate, C 2 and

PART and through the minifterial influence came to a

I.

❝ance,

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refolution," That an humble addrefs fhould be "prefented to his majefty, to return him thanks "for his great care in obtaining the conven❝tion," which was accordingly prefented; and though it was a tacit approbation of that treaty, yet their lordships, among other things in their addrefs, "Declared their confidence and relion his majesty's royal wifdom and "steady attention to the honour of his crown, and the welfare of his kingdoms; expecting "that in the treaty to be concluded in pur"fuance of the convention, proper provi"fions would be made, for the redrefs of the grievances fo juftly complained of; and particularly that the freedom of navigation and "commerce in the American feas would be fo "effectually fecured, that they might enjoy un "molefted, their undoubted right of navigat❝ing and carrying on trade and commerce, " from one part of his majesty's dominions to "any other part thereof, without being liable "to be stopped, vifited, or fearched, on the "open feas, or to any other violation or infrac❝tion of the treaties fubfifting between the two ** crowns; the mutual obfervance thereof, and "a juft regard to the privileges belonging to " each other, being the only means of maintaining a good correfpondence and lasting "friendfhip between the two nations."

DON Geraldino, the Spanish ambassador at London, and agent for adjusting the accompts between his Catholic majefty and the English fouth fea company, after having practifed many artifices to engage the company to comply with his extravagant demands, very fupercilioufly began to try the force of menaces; but in vain,

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