PART ted height, and attended with fo many aggravat I. ing circumstances, as to diffufe a juft fpirit of indignation and refentment throughout the whole British nation; the people all glowing with an unanimous refolution, to vindicate their right and freedom of navigation, from the infolent and unauthorized oppreffion of the Spaniards. To arrive at a true and perfpicuous knowledge, of the contefted matters that gave rife to the late war between Great Britain and Spain, a retrospection is neceffary to fome of their former tranfactions, and to the feveral commerical treaties fubfifting between the two crowns; and this without any further deduction of historical Facts, will fufficiently ferve to illuftrate and explain the nature and foundation of all misunderstandings and controverfies between the two kingdoms.

1648.

..

THE first treaty with regard to navigation and commerce in the Weft Indies, was concluded at Munster, between Philip IV. of Spain and the States General, on the 30th of January, 1648; wherein it is ftipulated by the 5th article, "That the contracting parties, fhould retain "and enjoy their poffeffions and commerce in "America, and other places, as they then respectively held the fame." And by the 6th article, "The fubjects of each were forbid to navigate and trade in the ports and other "places poffeffed by the other in the Weft In"dies." There is no greater restriction, with respect to the navigation and commerce of the fubjects of the States in thefe parts, than there is with respect to the Spaniards; those feas being left free and open, equally to both; the prohibition of the one navigating and trading in the poffeffions of the other is mutual, with

out

out any distinction or reservation of a greater CHAP. preheminence, or of any liberty given to one I. preferably to the other, to ftop and vifit veffels in the feas of America.

THE like ftate of navigation and commerce, 1667. was concluded between England and Spain, by the 8th article of the treaty made between thofe crowns the 23d of May, 1667; whereby it is agreed with refpect to the two Indies. "That Spain fhall grant to England, all "that has been granted to the States General "of the united provinces in the treaty of Mun❝fter in 1648." And in the 14th article of this treaty, it is exprefsly ftipulated, "That no "guarda cofta or fhip of war belonging to Spain, fhall come within cannon shot of an

66

English fhip, if fhe meets the latter at fea; "but fhall fend their long boat or pinnace "to the English fhip, with two or three men "on board, to whom the mafter or owner"fhall fhew his paffports and fea letters; where

by not only the fhips lading, but the place "to which the belongs, and as well the maf"ter's and owner's name, as the name of the

66

ship may appear; by which means the quality "of the fhip, and her mafter or owner will be "fufficiently known, as alfo the commodities "fhe carries, whether they be contraband or

not; to the which paffports and fea letters, "entire faith and credit fhall be given." And if it should appear, that prohibited goods are on board an Englifh fhip, it is by the 15th article of the fame treaty declared, that "Those "prohibited goods are only to be feized and "confifcated, and not the other Goods. Nei"ther fhall the delinquent incur any other pu"nishment, except he carry out from the do

"minions

I.

PART by the Spanish minifter, for maintaining pirates in thofe parts, to the great lofs of the fubjects of the king of Spain; but in 1680 he returned with a new commiffion to his government.

THOUGH Capt. Morgan had received the honor of knighthood, and lived privately on the fortune he had acquired by buccaneering, he was also, upon a letter from the fecretary of state, fent prifoner to England; notwithstanding he had done nothing but by commiffion from the governor and council of Jamaica, and had received their formal and publick thanks for his gallant behavior; but without being charged with any crime, or brought to a hearing, after a confinement of three years he was discharged.

HOWEVER culpable the Spaniards thought the governors of Jamaica in fheltering the buccaneers, after the treaty of 1670, it may be reafonably fuppofed, they were no further inftrumental in promoting their enterprizes than permitting them to inhabit there, and profufely fquander away those riches for which they had fo dangerously hazarded their lives; for it is certain that Mansfield, one of their leaders, after his conqueft of St Katherine's, feeing that ifland fo pleafant, fruitful, and conveniently fituated for invading or roving on the Spanish coafts, had an intention of forming a fettlement there; but Sir Thomas Lynch, then governor of Jamaica, prevented it, as being too notorious a breach of the peace then fubfifting between the crowns of England and Spain. While the duke of Albemarle was governor of Jamaica, king James II. granted a commiffion to Sir Robert Holmes, to fupprefs pirates in America; and Sir Robert procured a proclamation to be published, "For "the more effectual reducing and fuppreffing

I.

"pirates and privateers in America:" he alfo CHAP. appointed Stephen Lynch, Efq; to be his agent at Jamaica, whither he carried the before-mentioned proclamation, and fent it to the Spanish ports, as well to the north fea as to Panama on the fouth fea, being furnished with paffports from the court of Spain. And in 1698 the Scots having fettled at Darien, fortified Golden Island, at the bottom of the gulph, where the ifthmus between that and the fouth feas is fo narrow that few men might defend it against multitudes, and deny all paffage that way to the Spanish fettlements; but king William regarding the ftrict alliance he had entred into with Spain, and deeming this fettlement of the Scots a breach of it, would not fuffer his English fubjects to affift the new colony; and though this was a fair opportunity of poffeffing that ifthmus, and encreafing the trade, riches and power of the British empire, yet the king fent orders to his governors in the West Indies to grant them no fupply of provifions, the want of which obliged the Scots to abandon their fettlement; and as feveral of the buccaneers were afterwards executed as pirates, by orders of the court of England, and thereby the whole gang was extirpated. This evidently fhews, that after the treaty of 1670, the English miniftry were far from encouraging the buccaneers; though, probably at the fame time the governors of Jamaica exceeded their commiffions, by conniving at the designs of these bold and defperate adventurers.

THE kings of Spain have affumed the fole propriety of trading to their own settlements in America, not only from the other potentates of Europe, but even from their own fubjects; prohibiting any commerce in thofe parts, unless

B

the

I.

PART the goods are fent to Spain, and shipped in the galleons or flota regiftrated by his catholic majefty, and subjected to his duties and indultos. This occafioned the Spanish merchants in America to give great encouragement to the traders of Jamaica, to fupply them with negroes, ftuffs and other English manufactures; which, though detrimental to the Spanish crown, as it was thereby defrauded of its duties; yet, as the fubjects found many advantages in this clandef tine trade, the English never failed of making very profitable markets. Of this, the ministers who concluded the treaty of 1670 were so fenfible, that in order to preferve inviolably the friendship between both nations, they made a peculiar clause therein, "That particular offences

fhall no way be a prejudice to this treaty, and "cause no enmities or diffentions between the "two nations; but every one fhall answer for "what he has done, and be profecuted for contra"vening it; neither fhall the one have recourse "to letters of reprizals, or any other methods of "the like nature, to obtain reparation of the "other, unless juftice be actually denied,or unrea"fonable delays used in adminiftring the fame."

DURING the reigns of Charles II. James II. William III. and queen Anne, the Spaniards never attempted to feize any British veffels in America, on pretence of having prohibited goods on board in time of peace; but the guarda coftas acting under very extensive powers, and many of them being fitted out only with lucrative views, by the merchants of Spain, the Spanish inhabitants of America, and fometimes by the governors of their fentlements there, and thefe governors being perfonally prejudiced by the trade carried on by the English, repre

fented