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A45661 The defence of the Scots settlement at Darien answer'd paragraph by paragraph / by Philo-Britan. Harris, Walter, 17th/18th cent.; Fletcher, Andrew, 1655-1716.; Foyer, Archibald. 1699 (1699) Wing H881; ESTC R9419 58,491 93

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South To this it is answered That Darien is bounded only by the Sea on both sides without so much as a Spanish For● or Garison from Nombre de Dios to the Gulf of Darien on the North Sea or from the River of Che●o to the River Congo on the South Sea The Territories of the Spaniards confining on both ends of the Isthmus are not unlimited but are restricted on both sides by the Dariens who has been already said were never subject to Spain Nor is it any new thing in the World for independent Soveraignties to lie inclos'd within the Dominions of other Princes to instance in no more than Orange and Avignon in Europe Ceuta Metilla c. possessed by the Spaniards themselves in Africk which lie in the very Bosom of Morocco and yet the Spaniards don't think their Title to them e're a whit the worse The Dutch and Portugueze have both of them Settlements on the Coast of Brasil to which the Spaniards pretend a Right The French have Settlements in Hispaniola and Guiana notwithstanding the Neighbourhood of the Spaniards The English and French have both of 'em Plantations in Newfound-land The Dutch in time of Peace settled on Long Island in the middle of the English Plantations yet no War ensued upon it The English possessed themselves of Bahama Islands tho' the Spanish Fleet passed betwixt them and Florida And the English have several times settled at Port-Royal in Campechy Bay to cut Logwood c. and remov'd and settled as they found convenient King Charles II. in time of Peace grantted a Patent to Dr. Cox to settle a Colony in the Bay of Mexico which was never question'd by the Spaniards And the French have now since the Conclusion of the last Peace planted a Colony on the River Messissipi in that same Bay against which we hear of no Complaints from Madrid So that the Plea of the Spaniards from this Topick is perfectly over●urn'd by Common Practice the Law of Nations and their own Concessions in parallel Cases ANSWER If the Matter be well weighed it will be no difficult Task to find out that these Cases mentioned by our Calidonian are so far from being parallel to the Scots Settlement at Darien that they are of a quite different Nature Dr Cox's Patent came to nothing and what occasion was there for the Spaniards to complain then And because the English have now and then Landed in Campechy Bay to cut Log-Wood Is this I say to be put in comparison with the Scots attempt upon Darien Some Dutch settled themselves among the English in Long Island but in a peaceable manner and tho' no War ensued yet Complaint was made of it and the Matter brought to an Agreement The Dutch and Portuguese have both Settlements in Brasil the French in Hispaniola and Guiana and the English and French in Newfoundland What Argument is this to the Scots Settlement in question For whoever questioned but that different Nations might settle their Colonies upon waste Grounds in the same place provided they were not in any Bodies Possession before The Instances he gives of Orange Avignon Ceuta and Metilla which lie as he says in the Bosom of other Prince's Dominions seem to carry something of more Weight with it in so far as they prove that there is a possibility of independent Sovereignties being inclosed by the Dominions of other Princes I could furnish our Author with a great many more of this nature as the Imperial Cities in Germany the Lordship of Vianen in Holland the Morlacks in Dalmatia and the Cossacks on the Frontiers of Poland and Muscovy but all duly considered it will appear that they are still of a different Nature from the Matter in Question For Orange and Avignon are the Remnants of those many Lordships and Principalities which formerly composed the Empire of France before it was brought in subjection under one Head Their Situation is such that they cannot be relieved from abroad and their strength so inconsiderable as not to be able to hold out against the first Attack of the Prince who commands round about it The Case is quite different with the Spaniards in America who when they established themselves there by their Sword had not the least reason ●o leave those petty Principalities unattempted which lay in the very Heart of their Conquests and by reason of their convenient Situation on the Sea-shoar might one time or other prove dangerous Neighbours if not brought to Submission either by force of Arms or a voluntary Surrender If the Emperour of Morocco's strength were equivalent to his Title he might very justly drive the Spaniards from the African Coast where they have no other Title but Possession and those Places which I have mentioned are so engaged either by Alliances or other Contracts to those Princes in whose Dominions they are inclosed that without offering a notorious violence to those Engagements they cannot submit themselves to any Foreign Power DEFENCE The next Plea says our Author of the Spaniards is from the Treaties betwixt them and the Crown of Great Britain of which they alledge the Settlement of the Scots at Darien to be a Breach But that there 's no ground for this Allegation will appear to those that peruse the said Treaties viz. that of May 23 1667. and that of July 1670. wherein there 's not the least mention of excluding either Party from enlarging their Dominions in America upon Wastes or by consent of the Natives in such places as have never yet been possest by Spain or Great Britain So that all that can be infer'd from those Treaties is that they were a mutual Security for the peaceable possession of what each Crown enjoy'd in that Country and no more which is sufficiently confirm'd by the Patent granted to Dr. Cox and the settling and removing of the English in Campechy Bay c. without Controul as before mention'd ANSWER If it were granted by the Spaniards or sufficiently proved by the Scots that their Settlement at Darien was made in such a place as never had any dependency on Spain it might easily be granted that their Establishment there was no breach of those Treaties but I hope they will allow at the same time that till the same be proved beyond Contradiction we ought at least to suspend our Judgment in this point which hitherto has not appear'd so evident in the English as ours to our Calidonian For thus he says further DEFENCE Having thus made it evident that the Spaniards have no manner of Title or Right to Darien it is natural in the next place to shew that they themselves are guilty of the Breach of Treaty by proceeding in this Affair as they have done By the third Article of the Treaty between the Crowns of Great Britain and Spain concluded at Madrid May 12 23. 1667. it is provided That if any Injury shall be done by either of the said Kings or by the People or Subjects of either of them to the
further in it is deep enough and hath a good Harbour in Caret Bay which is some Leagues up the River hath two Islands of pretty high Land cloath'd with variety of Trees lying before it and two or three Streams of fresh Water falling into it From this Bay to the Promontory near Golden Island the Shore is indifferently fruitful and the Soil on the Northern Coast is generally good but swampy here and there to the Sea To the Westward of the Promontory at the entrance of the River is a fine sandy Bay with three Islands one of them Golden Island lying before it which make it an extraordinary good Harbour Golden Island is rocky and steep all round except at the Landing Place on the South side so that it is naturally fortifi'd The Land of the Isthmus over against it to the S. E. is an excellent fruitful Soil West of this Island lies the largest of the three being swampy and covered with Maingroves To the North of these lies the Island of Pines cover'd with tall Trees fit for any use From the Point against these Islands for three Leagues Westward the Shore is guarded by Rocks so that a Boat cannot Land but at the N. W. end of the Rocks there 's very good Harbour and good Riding as h●s been said in all Winds by some or other of those Isl●nds which with the adjacent Shore make a lovel● L●●dskip off at Sea The Channel betwixt them and the Isthmus is two three and four Miles bro●d ●nd Navigable from end to end and the Ground opposite to them within Land an excelle●t Soil and a continued Forest of stately Timber-Trees On the South-side there 's the River Sambo that falls into the Sea by point Garachina This is a ●●rge River Then there 's the Gulph of St. Michael made by the Outlet of several considerable Rivers as those of Santa Maria and Congo and the Gold-River so call'd because of the great plenty of Gold Dust it affords to the Spaniards The River Congo may be entred at High-water and affords a good Harbour The Gulph has several Islands in it and affords good Riding in many places The Country on this side as on the other is one continued Forest and forms a Bay call'd the Bay of Panama abounding with fine Islands and affording good Riding for Ships The Soil of the Inland Country is for the most part a black fruitful Mold The Weather is much the same as in other places of the Torrid Zone in this Latitude but inclining to the wet extreme for two thirds of the year the Rains beginning in April The most remarkable of their Trees are the Cotton Tree which bears a Cod as big as a Nutmeg full of short Wool or Down and affords Timber for Canoes and Periagoes they abound with stately Cedars and Macaw Trees which bear a Fruit as big as a small Pear of a tart but not unpleasant Taste Bibby Tree the Wood hard and black as Ink and being tapp'd affords a Liquor call'd Bibby of a pleasant tart taste which the Indians drink They have abundance of Plantains set in Walks which make very delightful Groves and yield an excellent Fruit and being green and sappy are cut down with one stroak of an Ax. They have also plenty of Bonanoes another sort of Plantain which eats best raw as the Plantain does boil'd They have great store of that excellent Fruit call'd Pine-Apples which tastes like a Mixture of all delicious Fruits and ripens at all times of the year They have also Prickle-P●ar which is a very good Fruit and Sugar-Canes of which they make no other use but to suck out the Juice The Maho-Tree of which they make Ropes Cables for Ships and Nets for fishing The Calabash whose Shells serve for Cups and other occasions is curiously painted the sweet sort of 'em is eatable and the bitter sort Medicinal They have also Gourds of the like nature There 's a Plant they call Silk Grass which resembles our Flags this they beat into strings like fine Flax much stronger than our Flax or Hemp of these they make Ropes Cordage of all sorts Nets for small Fish and the Spaniards and others use it for Shoemakers Thread Stockings and a sort of Lace They have a Tree call'd Lightwood as large as an Elm but so light that a Man may carry a great quantity of it on his back It is in substance like Cork and made use of by the Indians for Rafters to go to Sea or pass Rivers They have a Tree call'd Whitewood of a finer Grain and whiter than any European Wood and fit for inlaying They have Tamarind Locust-Tree Bastard Cinnamon Bamboes and Maingrove-Trees in plenty They have Shrubs that bear store of Pepper of two sorts call'd Bell Pepper and Bird-Pepper Mr. Wafer to whom we owe this Description takes notice of a Redwood whereof there grow great quantities on the Northern Coast the Indians make use of it for Dying and mix a kind of Earth they have with it It makes a bright glossy lively Red which no washing can fetch out again This we suppose to be the Nicaragua Wood. Their Roots are Potatoes Kams and Cassava of the last of which they make Bread They have likewise Tobacco but don't understand the Planting and Manuring of it it is not so strong as that of Virginia Their Beasts are the Peccary and Waree a kind of wild Hogs which are very good Meat They have considerable store of Deer and Rabbits and great droves of Monkies which are extraordinary fat and good to Eat They have an Insect call'd a Soldier somewhat resembling a Crab which seeds upon what falls from the Tree is a delicious Meat and yeilds an Oil that is an excellent Salve They have no European Cattle Their Birds are the Chicaly-Chicaly which makes a noise somewhat like a Cuccoo is a large Bird has Feathers of divers Colours very beautiful and lively whereof the Natives sometimes make Aprons This Bird keeps mostly on the Trees feeds on Fruit and is pretty good Me●t The Quam feeds in the same manner his Wings are dun his Tail dark short and upright He is much preferable to the other for Meat There 's a Russ●t colour'd Bird resembling a Partridge runs most on the ground and is excellent Meat The Corosou is a large Fowl as big as a Turky and of a black colour The Cock has a fine Crown of yellow Feathers on his Head and Gills like a Turky They live on Trees and eat Fruit. They sing very delightfully and are so well imitated by the Indians that they discover their haunts by it They are very good Meat but their Bones make the Dogs run mad and are therefore hid from them by the Indians They have abundance of Parrots for size and shape much like those of Jamaica they are very good Meat Their Parakites are most of them green and go in large Flights by themselves They have Macaw Birds which are as big again as Parrots
Revenge themselves upon their Conquerors For if they had been in a Condition to make War against them without a foreign Assistance What need had there been for them to call in the Buccaneers and to allow them so large a share in the Booty Our Calidonian Gentleman further tells us That the Spaniards have no other Plea for Possession but what was granted them by one of the Darien Princes to Work as Labourers in some Golden Mines I must confess this is somewhat difficult to be contradicted at so vast a distance and I would have pass'd by this Point in silence if Pag. 78. he had not himself furnish'd me with an Argument against his Assertion where he says That they had been informed by a Frenchman who married one of the Natives there That the Spaniards have Gold and Silver Mines on the Isthmus which they might make themselves Masters of with a 100 M●n This I say and the Hostilities committed already by the Spaniards against the Scots in their New Settlement does I think carry with it a great probability that to this day they are not excluded from the Province of Darien but remain in actual Possession of so much of that Province as they think consistent with their own Interest What he alledges of Captain Sharp's being acquitted in England by reason of his Commission from one of the Darien Princes can in no wise affect the Spanish Title for supposing the Court of England was at that time not sufficiently inform'd concerning their Pretensions What detriment could that be to their real Pretensions If our Author could have given us an instance of a Person who had been acquitted upon the same Account in Spain his Argument would have been of unquestionable Validity which bears not the least weight now at least not in reference to Spain But let us hear the rest of his Arguments against the Spanish Title DEFENCE It remains then that the Spaniards can lay no other Claim to Darien but what they plead from the Pope's general Grant of America its being bounded by their Dominions and the Treaties with England which shall be consider'd in their Order To urge the Pope's Grant amongst Protestants is ridiculous and amongst Papists themselves but precarious But admitting it were sufficient to justifie their Title it is easie to prove that the Spaniards have forfeited all the Right they can Claim by virtue of that Grant The Church of Rome will not publickly own her Power to grant a Right of Conquest but in order to propagate the Faith and not that neither except the Infidel Prince or People be guilty of a Breach of Treaty So that the Pope's Grant with those Restrictions is so far from establishing the Title of the Spaniards that it plainly overthrows it That the Indians were committed to the Spaniards by Pope Alexander VI. on condition that they should teach them the Christian Religion is prov'd by Don Bartholomew de las Casas Bishop of Chiapa in his Account of the first Voyages and Discoveries made by the Spaniards in America and the Relation of their unparallell'd Cruelties Pag. 195. and there he likewise owns That by their acquitting themselves so ill of that Commission they ought to make Restitution of all they have taken from them under this pretext And Pag. 200. he charges them with breach of the Terms prescrib'd by the Apostolical Brief tho' Queen Isabella to whom it was granted earnestly intreated them in her last Will to keep exactly to it Pag. 218. he says That the Title of the King of Spain to the Indians is founded only on the Obligation he had taken upon himself to instruct them in the true Faith as appears by the Apostolick Brief Which they were so far from performing that instead of converting their Souls they destroyed their Bodies having in those early days viz. in the time of the Emperor Charles V. mur●her'd above 40 Millions of them and took so little care to instruct them in the Christian Religion that they perfectly obstructed their Conversion and sold those very Idols that some of the poor People had th●own away with Abhorrence to others of the Indians Ib. P. 194. which together with their other horrid Impieties created an Aversion in those poor Infidels for Heaven it self according to the known Story of Hathwey an Indian Prince Ibid. Pag. 21. Who being fasten'd to a Stake by the Spaniards in order to be burnt for no other Crime but indeavouring to defend himself and his Subjects against their Cruelties ask'd a Friar that was discoursing to him of Heaven promising him eternal Happiness there if he would believe and threatning him with Hell if he did not whether Heaven was open to the Spaniards and being answer'd that it was to such of them as were good replied immediately that he would not go thither for fear of meeting such cruel and wicked Company as they were but would much rather chuse to go to Hell where he might he deliver'd from the troublesome sight of such kind of People So that their forfeiture of all Right or Title to Darien by the Pope's Grant if it were of any validity is plainly demonstrated ANSWER Our Author takes a great deal of Pains to demonstrate that supposing the Pope's Grant of America to be valid in its self they have forfeited the same I believe there will scarce be any body so void of Humanity who is acquainted with the most barbarous Cruelties committed by the Spaniards against the poor Natives of that Country as to take upon himself the Defence of them in this Point But how far this affects their Title is the matter in Question at present Not to enter upon the Topick here How far the Miscarriages of Governours and other Officers who transgress the Bounds of their Commission affects the Titles of their Sovereigns I will only insist upon this Head which I believe will scarce admit of a Contradiction by any body who has a true insight into the matter That supposing some of those Cruelties to have been committed by publick Authority there is no body who can be acknowledg'd a competent Judge of the Forfeiture of the Spanish Title but the Pope himself who admitted he has a Power to Grant it must of necessity be the only Person who can Recal it and till any such thing be done their Title will stand unshaken upon that bottom at least on the Spaniards side whatever our Author may alledge against it out of the Bishop of Chiapa whose Authority is in sufficient to maintain his Assertion in this Point as being only a Bishop under the Jurisdiction of Spain and as being a Church-man he might as well make use of a Dragoon for a Pilot as make those of his Profession competent Judges of the Titles of Princes But let us see further DEFENCE Their next Plea is That Darien is bounded or inclosed by their Dominions viz. By Porto-Bello and Carthagena with their Territories on the North and Panama and Sancta Maria on the