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A41175 A just and modest vindication of the Scots design, for the having established a colony at Darien with a brief display, how much it is their interest, to apply themselves to trade, and particularly to that which is foreign. Ferguson, Robert, d. 1714.; Hodges, James. 1699 (1699) Wing F742; ESTC R21931 134,853 248

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balance of the Trade of the whole Universe into their hands but render himself and his Successors the unquestionable Arbiters of all affairs and transactions within the limits of the European Dominions and give him the glory of saving all Europe from the Deluge and Inundation of a French Conquest Whereunto let me in the next place be allow'd to subjoin that in case Scotland should be able of it self to defend and maintain their Colony against the machinations and assaults of the Spaniards without the assistance and support of England as it is hoped they may that the English will not only lose the Honour and Thanks of it with all the Privileges and Advantages which thro' countenancing and aiding of them they might have been partakers of as well as have been secur'd of the perpetual Friendship of that Nation and upon all occasions experienc'd the happy effects of it so it can give no just offence to such of the Kingdom of England as are endow'd with Wisdom and Understanding to have it plainly laid before them that if Scotland find it self too weak to withstand the Forces of the Crown of Spain and of such as may joyn their Power with that of the Catholick King for dislodging of them and in the mean time find themselves abandon'd by England how that in such a case it is greatly to be fear'd that they may call in some Neighbouring Monarch or State to their Succour and Support tho' the doing it will infallibly be reckon'd and deservedly too a trespass against their Allegiance Fealty and Loyalty And the Scots being naturally a warm People too much verifying the Proverb that Scotorum ingenia sunt fervida which vulgarly goes of them they may the sooner be hurry'd into such an irregular and unlawful course by reflecting that since both the Nations came under one Soveraign they are both much less esteemed by the English and enjoy fewer Privileges in England than in times of Peace between the Crowns they did before Whereof the reason is obvious namely that England being the powerful and opulent Nation and having the King Resident among them they do thereby the more easily influence him to be kinder to them than to the Scots For tho' I hope that they will never be tempted to run into such a Method and do also heartily wish that no provocations may force them upon it yet whosoever will either consider the Nature and Temper of Mankind and make reflections upon Late as well as upon more Ancient Precedents may find matter of apprehension and jealousie administred unto them that it is so far from being impossible they should do so that it rather looks like a moral certainty that it will come to pass There being nothing more natural as well as usual than for Communities and Nations as well as for individual and particular Men when either unkindly treated by their Friends or distressed by their Enemies to seek for succour and relief wheresoever they can obtain it And to cite the Testimonies and Examples that do aver and confirm this would be both to transcribe a considerable part of the Histories of all Ages and to give the Detale and Memoirs of the behaviour of vast numbers of private Persons Nor doth it in such a case come much under Peoples consideration how far such a procedure will be accounted Criminal and the Authors of it held impeachable Interest in such circumstances out balancing Duty and present inconveniencies stifling Fears with respect to what may be future Nor is it unworthy of remark what Mr. Littleton Brother to this present Speaker broadly insinuates concerning Barbados when he as well as that whole Plantation thought themselves severely dealt with by the Government and Kingdom of England namely that it was to be dreaded least under such discouragements they should be tempted to run into Merthods that would be as irreconcilable to their Loyalty as they would be contrary to their Inclinations unless they were forc'd upon them And as it is firmly to be believ'd that the Dutch or any of the Northern Crowns if apply'd unto by the Scots and their aid crav'd would be ready to own and espouse their concern so it is to be apprehended and fear'd in more special manner least under such melancholy menacing and distressful circumstances they should not make their address unto and put themselves under the protection of France Seeing besides the agreeableness in temper and humour between the Scots and the French more than between any two Nations in Europe the old Affinity that was betwixt them and the benefits which redounded mutually to each of them by it are not wholly forgotten For as the Ancient Alliance of Scotland with France and the many brave Troops wherewith upon all occasions they supplyed the French were the unhappy means of the English losing all those Noble Provinces and vast Territories whereof they were once rightfully possessed in France so the Scots are upon every unkind carriage of England towards them but too apt to remember the Honours and opulent Fortunes which divers of them attained unto during their long and faithful league with the French Nor have they reason much to question but should they renew their old Confederacy with France and call for assistance from thence the whole Kingdom of Scotland would be soon reinstated there in all the ancient Privileges and Immunities which were enjoyed by them heretofore and not only such who are chiefly concerned in the business of Darien become liberally rewarded and recompenced for throwing themselves into the arms of the French but such as are of the chief and first Rank of their Nobility would be courted to accept General-Commands Mareschal-Staffs Ducal-Coronets and Annual Pensions answerable to those of Princes of the Blood which their Ancestors formerly had Nor ought it to be over-look'd how the Scots even since their Vnion with England under one and the same King have without the knowledge of His Britannick Majesty sought the Protection of France when they conceiv'd themselves in danger of being Invaded by England It being too well known to admit of contradiction that when King Charles I. was advised and influenc'd to make War upon them for their withstanding what they call'd Invasion upon Church and State how they apply'd themselves unto France for assistance inscribing their Petition and Memorial to Lewis XIII Au Roy. For which tho' they were charg'd both with Treachery and Rebellion by the Court Party yet that Act of the Scots was not so heinously resented by the English as to deserve to be taken notice of and upbraided at the Treaty at Rippon Nor will the Zeal or rather Biggotry of the present French King be of much signification for diverting them from begging his protection in case they see themselves likely to be ruin'd in their present design thro' their being assaulted by Spain and abandon'd by England As knowing that the State Wisdom of Lewis XIV will as much over-rule his warmth for the Faith
War as well as of Trade shall pay to one another wheresoever they come to encounter in Sailing how that thereupon it is become the true Interest of England to have Scotland advanced into such a state and condition as that it may be able to provide Equip and Maintain good Squadrons of Men of War Which as it cannot be done without their attainment unto a considerable Foreign Trade so they may be enabled speedily to effect it by means of their Colony at Darien provided they be supported in it And as Scotland upon their being in a condition to send out a Warlike Fleet of their own will in case of a War against Great Britain save England the trouble and charge of maintaining Men of War on the Coast of Scotland for covering that Nation from Invasion as it hath several times both lately and more Anciently been forced to do so it may with confidence be affirmed that neither France nor Holland will be very forward to quarrel with England when beside their own great Naval Power they will have a considerable Marine Strength from Scotland ready at all times to joyn and assist them And should it so fall out that a War is not with Honour and Safety to be avoided between Great Britain and either of those Nations which is so far from being impossible that it lies within a probable view Scotland thro' having a potent Naval Power of its own will upon a conjunction in that case of its Strength with England give the King of Great Britain such a Superiority over his Enemies in Number and Force of Ships as may in the ordinary course of Providence render him unquestionably victorious which will redound chiefly to the Profit and Glory of England Nor will they only in such case be in a condition both to protect their own Trade and to assist the English with a Squadron of Stout Men of War towards the encreasing of the Royal Navy but they will by reason of the Situation of their Country and the conveniency of their Ports be able to cover and defend the trading Ships of England towards the East and to secure their Navigation to Hamburgh Swedeland Denmark Poland Muscow Greenland c. which is very needful to be kept safe because of the Pitch Tarr Canvass Timber as well as of divers other Commodities which are brought from those Parts whereof several if not most of them are indispensibly necessary for the building repairing and equipping of Ships of all sorts and cannot be so well had in other places Further The more Rich and Opulent that the Scots do grow which they will speedily do by the Gold and Silver which will be dug out of the Mines of Darien and by the Profits that will accrue from such other Productions as that Territory where they are so planted doth afford they will thereby be in the better State and Condition for granting larger supplies to the Crown than they hitherto could and thereupon administer ground as well as occasion for greatly lessening and moderating the Charge which England even in times of Peace but especially of War hath heretofore been necessitated unto And whereas the Scots have been at all times able and thereof given abundant proof during the late War to raise and muster great Numbers of as brave and well-disciplin'd Forces as any Nation of the World can afford yet by reason of their Penury which is a consequence and effect of their want of Foreign Trade and of Colonies in those parts of the Earth from which the great Wealth doth arise and flow into European Countries which their Plantation at Darien will soon cure remedy and relieve them against they could not grant Taxes nor advance Money that would have been sufficient for the Maintaining and Paying of their Troops but there was a necessity of putting them upon the English Establishment which was in part an occasion both of those excessive impositions of all kinds which England became indispensibly oblig'd to fall into the projection and enacting of and of those incredible Debts which it hath contracted doth lye under and cannot speedily redeem it self from For seeing the Kingdom of England how plentifully soever it be furnish'd with Men and able to bring into the Field very numerous as well as admirable Forces could not have rais'd within it self that vast proportion of Military Troops which were thought needful to be kept on foot during the late War which made it to receive and maintain so many thousand of Scots Forces will it not therefore be of great advantage upon any Stress or Exigency of the like Nature hereafter to have the same or a greater proportion of Scots Forces to join them and to come in to their assistance without England's becoming oblig'd either to subsist or to pay them and instead of having them upon Loan and at a great expence of English Treasure to obtain them as a Quota which their Neighbours and Friends will not only at all times be ready to grant and advance but to maintain at their own charges And as it may be affirm'd under all the moral certainty imaginable that the Scots thro' their being upheld and defended in their Calidonian Colony will in a few years be render'd able and will be found ready and forward to come into those Measures of Conjunction and Union of Forces with England in all such Foreign Wars wherein they shall at any time embark so it may from thence be inferr'd that it is the true Interest of the Parliament and People of England to have the Scots not only preserved and protected in the enjoyment of their Plantation in Darien but to give them all the countenance and aid which they can against such whosoever they be that shall attempt either the troubling of them there or the driving them from thence Moreover it might be represented and shew'd at large how much it will be to the advantage of England both with respect to their Plantations in the West-Indies and their own general growth and encrease in Trade and the rendring their whole Traffick and Commerce more secure and profitable than it has been to have the Scots upheld in the possession which they have obtain'd upon the foremention'd American Isthmus and that they be successful and prosperous in the improvement and further extension of their Colony But having said enough in a former Paragraph for the demonstrating of that beyond the being either deny'd or contradicted and the matter being obvious to all Men who are capable of thinking rationally and to any useful purposes and it being withal a Topick which every little and common Writer upon this Subject will not fail thro' inability to enlarge and employ their Conceptions about other things relative hereunto to make their best and utmost of I shall therefore decline the re-assuming the consideration of that Head again here and shall address to the representation of one Medium of Argumentation whereby it will apodictically appear to be the Interest
appeareth from the whole which hath been hitherto said how much the Scots have of late discovered their Wisdom and Prudence and how highly their care and zeal are to be Commended in their having made an Essay and a Beginning for the encouragement and enlargement of Manufacture at home and towards the erection and establishment of a Colony abroad and by that Foundation which they have laid for the settlement and advancement of Trade And this unquestionably they have a plenary right to do as they are a Free and Independant Nation without asking the leave or demanding the concurrence of any Rulers and Countries whatsoever provided they be Countenanced and Authorised thereunto by their own King and that they do nothing therein which is inconsistent with the Laws of Nations nor attempt the settling in any Districts or Provinces from which they stand prohibited and excluded by publick and solemn Stipulations between him that now is their Sovereign or those that have been so formerly and other States Princes and Potentates For that Scotland dependeth upon or is a Province Subordinate to any other Nation and Subjected to the Ordinances Constitutions and Municipal Statutes thereof I suppose none will betray the Ignorance or have the Effrontery to affirm It being a Kingdom that holdeth of none Save of God for their Title unto and Possession of their Country and of their own Swords under his providential Blessing and Aid for the Maintaining and Defending of them For tho' there be a very near and close Conjunction and Union between the Kingdoms of England and Scotland thro' their being under one and the same King rather than in the virtue and force of mutual Contracts and Alliances which I do heartily wish may always continue and that all the secret Caballings and Clandestine endeavours of those may prove abortive unprosperous and miscarry who either from Ancient Piques personal Moroseness Envy and ill Nature or upon any other Motives Prospects and Designs whatsoever shall seek to weaken interrupt and especially to dissolve it Yet England doth not Challenge and lay Claim to the having any Authority over Scotland nor pretend to an Imposing of their own Laws upon that Nation or to a Supervising of such Parliamentary Bills as are prepared and formed there in order to the being Enacted into Statutes But the Scots are absolute within themselves and vested with a Power underived from any Nation and in the exercise whereof they are accountable unto none for the making of Laws and falling upon and pursuing all such Ways Methods and Means which are reconcilable with the Fealty and Loyalty which they owe unto their Prince that may be subservient and usefull to their own Safety and Interest And in Testimony and Evidence of their being a Free State and a Kingdom as entirely Independent upon England as upon any other Dominion whatsoever they both can and do often lay what Customs and Impositions they please upon English Productions and Commodities when carried and Imported thither to be vended and disposed of there And by a Power Inherent in themselves which England cannot reasonably dispute nor lawfully Controul they sometimes do and at all times may Inhibit and Forbid their own People the buying using and consuming such Goods as were either Manufactured in England or brought thither by the English from their Plantations and Colonies elsewhere And as in the Vertue of this independent Freedom Liberty Previlege and Right under the Authority and Power of their Kings they have at all times made legal Provision for the Government of their People at home and pursued that little Trade which they had attained unto with such Nations abroad as were in Peace and Amity with their Princes without their being questioned for or disturbed in it by any save by those that were in Hostility with their Sovereigns and that only in Seasons of actual War so they have by a fresh Exertion of this innate Freedom and inherent and independant Right lately contrived and framed a Bill which they have obtained to be passed into an Act and a Law wherein the People and Subjects of that Kingdom are empowered to erect Societies and Companies for the establishment and carrying on Trade with whatsoever Nations and Countries or Places in As●● Africa or America which are either not Inhabited or where they have the consent of the Natives and Inhabitants thereof under the Limitation and Restriction that such places are not Previously and Antecedently possessed by European Sovereigns Potentates Princes and States And moreover that they may provide and furnish the said Places Cities Towns and Forts with Magazines Ordinance Arms Weapons Ammunitions and stores of War and by force of Arms defend their Trade Navigation Colonies Cities Towns Forts and Plantations and their other Effects As likewise that it shall be Lawful for them to make Reprisals and to seek and take reparation of Damages done unto them by Sea or Land and to make and conclude Treaties of Peace and Commerce with the Sovereign Princes Estates Rulers Governours and Proprietors of the said Lands Islands Countries or Places in Africa or America In relation to which Act for authorising the Scots to establish a Foreign Trade and their being empowered to settle Plantations in the forementioned Parts of the World in order to the better gaining enlarging and protecting of it the few things which I have to offer under this head shall be briefly these Namely That as the Design of Erecting such a Trade and of Planting Colonies in the Subserviency to the Maintaining Improving and Extending thereof was not rashly and unthoughtfully Undertaken by those of that Kingdom so the Act by which in pursuance of that Projection they stand warranted to do whatsoever is before reported was not surreptitiously obtained of his Majesty nor was he by any undue Artifices misled into the Granting of it For how much foever that Nation might be desirous to have a Foreign Settlement towards the better enabling them for such a Traffick and notwithstanding they sufficiently understood it to be their great and indispensible Interest to embark Vigorously both in Manufacture and Commerce yet their unsuccessfulness heretofore in some attempts of that Nature as particularly in the Plantation of Carolina which they held of the Crown of England antecedently to the English planting there from which they became expelled by the Spaniards thro' want of that protection and of those encouragements which were necessary to the having rendred them safe and Prosperous made them proceed slowly and with great Calmness and Discretion in the Forming Digesting and Maturating what they have at last after an adjusting of all that was Prerequired thereunto put in Execution Nor could the King be Surprized into the giving his Royal Assent to the Bill for the premised establishment seeing as they who served his Majesty at that time under the Characters of Commissioner and Secretary of State were persons as entirely in his Interest and zealous for his Honour and Glory
having seriously Considered and duly Weighed whatsoever could be pretended or alledged against them upon their proceeding to establish a Colony there For the examination whereof they allowed themselves sufficient time in that tho' their Subscriptions were perfected and compleated about the beginning of the year 1696 yet they did not send their Ships from Scotland untill the Month of July 1698 which arrived not in that place until November following And as it is not only hoped but morally certain that great advantages of attaining unto Wealth Power and Honour will thereby accrue and be administred to Scotland so it might easily be Demonstrated that very considerable Benefits will infallibly Redound from thence unto England and that both in times of Peace and of War Seeing as it will be a means whereby in a short time a compendious Way and Passage for Trade to China Japan as well as to the East-Indies may be obtained and rendred secure whereby the English will become qualified and enabled not only to outdo the French who begin to Rival them in Traffick to the latter but to equal the Dutch who do at present far exceed them in it So by the conveniency of the Scots Caledonian Plantation both a great quantity more of the Manufactures of that Kingdom will come to be vented in all the East parts of the World as well as in the Spanish West-Indian Provinces and the expence made less and the returns much Speedier and Surer to and from the latter than they are or ever can be by the way of Cadiz and Malaga And as for the English Plantations in America they will not only have larger and more advantageous occasions of Trading into the Spanish American Colonies but the very Scots of the Calidonian Plantation will will take off and consume abundance of their Commodities and Productions especially theirs of New York and New England for which they will pay in Gold and in Silver and such valuable Goods as the Mines Rivers and Land of Darien do yield and furnish And should a War at any time come to be between the Kings of Great Britain and of Spain as who knoweth what may hereafter fall out Calidonia is and will in that case be found the best Situate place of any in the World from whence and by means whereof to do Hurt and Prejudice to the Spaniards and to yield service to his Britannick Majesty and give his Subjects opportunities of enriching themselves Seeing the Scots Colony there will prove to be not only Posted in the middle and bosom of the Spanish American Ports for Traffick having Carthagena on the East Porto Bèllo on the West and Panama on the South but will be found to stand Situated in the direct way and passage that their Flotas Galleons Armados and Armadilals must go and return to and from Mexico and Peru. Nor on the supposition of such a Hostility arising between these two Crowns as I have mentioned will the English meerly have a larger better and more Fortified Harbour for Ships either of War or Commerce than any of their own West India Plantations do afford But they will have one to Receive Cover and Protect them that is nearer and more adjacent by a hundred Leagues to Porto Bello and Panama than Jamaica and by above three hundred than Barbadoes which of all the English American Colonies are the least distanced from them But seeing I shall have occasion to discourse more fully hereafter of the benefits and advantages which will accrue to the Crown and Kingdom of England by the Scots having settled in Darien and how much upon that account it is both the Interest of the King and of the English Nation that they should be maintained and defended in the possession of their Plantation at Calidonia I shall therefore insist no more upon it under this Head but adjourn what is to be further represented and argued to the foregoing purpose until it will lie more naturally before me in some other Paragraph That which I am then in the next place to advance unto is to Justifie and Prove beyond all possibility of any reasonable Reply that the Scots by their establishing a Colony on the Isthmus of Darien have made no Invasion upon the Rights or Dominions and Territories of the King of Spain nor have therein Acted contrary either to the Laws of Nations or to any Articles of publick Treaties that have intervened or have been Conserted Accorded and Stipulated between the Kings of Great Britain and those of Spain 'T is true his Spanish Majesty hath by several Memorials delivered by his Ministers to his Britannick Majesty or to his Secretaries of State represented remonstrated and complained as if the Scots had thereby made an Infraction of the Peace between the Crowns were become guilty of an Insult and Attempt against his Catholick Majesty and that by settling a Plantation in that place they have posted themselves dansles Souverains le plus Interieur de ces Demaines de sa Majeste In the Soveraign and most Inward Territories of and belonging to his Spanish Majesty And as in case that the matter stood as it is represented and as the complaint doth import the blame thereof ought to be wholly and entirely imputed unto the charged upon the Governours and Directors of the Company erected for Trading to Africa and the Indies and no ways either in the Injury that is done or in the clamours and accusations which arise by and from it to affect his Britannick Majesty in his Justice Veracity and Honour so it would be both requisite and necessary on the foot of Righteousness as well as of Truth that full reparation should be made to his Catholick Majesty if the Fact of the Scots in planting on the Isthmus of Darien were disagreable to Royal and National Treaties and a forceable seisure in times of Amity and Peace of the Lands and Demains of that King Yet I hope it will not be accounted Rudeness or Insolence in me to say that it is both expected and demanded that none will discover and betray themselves to be persons of so little Prudence or Equity as upon the single credit and alone evidence of Memorials to submit unto and to suffer their being either surprised or wheedled or menaced and hecto●ed into a belief that the settling the aforesaid Colony in the place abov●●mentioned is therefore Injurious and Criminal in the Scots and to be reckoned an Invasion upon the Sovereign Rights and the Lawful Dominions of the King of Spain meerly because it is alledged and affirmed by his Ministers and in his name to be so And I do reckon my self fully warranted in the requiring and exacting this of every man who desires to escape the censure and reproach of being Imprudent Partial and Iniquous in that it hath very often and upon frequent occasions been the custom and practice of States Princes and Potentates to remonstrate and complain of the proceedings of other Rulers Governours and Soveraigns
unto every one that will afford himself time and leisure to view the Treaties and to peruse the Articles concerted and agreed in them that they were meerly declarative of what was confess'd to be in the legitimate and rightful Possession of those two Kings and regulative of what should be the behaviour of their several and respective Subjects towards each other in America as also restrictive with reference to their Claims of any Title or Right to the Provinces Islands and Territories which either of them were in the possession and occupation of but that they were in no ways or manner exceptive of or preclusive from their settling Plantations in such other Conutries Districts and Places as were neither possess'd and occupy'd by them nor by any other European Princes or States And whereas the Treaty of 1670 is that whereby the mutual Interests and Possessions of the Kings of Great Britain and of Spain are provided for and adjusted it may not be amiss to intimate the occasion and reason of those Regulations which were concerted and made by that Alliance Namely that the Crown of Spain having antecedently thereunto laid Claim to all America as of right belonging unto His Catholick Majesty and having accounted all the Settlements of every one else and particularly of the English within that vast Continent as likewise in the American Islands to have been so many Invasions upon their Right it was concerted and agreed by that Treaty that this universal claim and pretence of Title of the Spaniards should be renounc'd and disclaim'd And that the possession of the Crown of England in such Territories and Places where the English had planted should be confess'd and acknowledg'd to be legal rightful and good Which was the sole and alone business that was design'd and compass'd in the foremention'd Treaty For whereas by the Treaty of 1667 there was only a general and perpetual Peace concluded and established between the Dominions and Territories of Great Britain and those of Spain without the particularizing of any thing that respected their several Plantations in America And whereas the Kings of Spain had always question'd the Right of the Kings of England to their American Plantations upon the ground of an universal Title which they claim'd to all the West-Indies and had particularly controverted the Right of their Britannick Majesties to several Plantations which had been made by the English in the American part of the World upon pretences and allegations that the English had forceably drove out the Spaniards and thereupon gotten into possession of several places that had formerly been enjoy'd and occupy'd by them therefore it was that upon these considerations that whole matter came under particular Regulation and Adjustment in the Treaty of 1670 in and by which the Right and Dominion of the King of Spain in those Countries Islands Provinces and Territories whereof he was possessed and so far as they wert in the actual occupation of the Spaniards being confess'd and provision made for their quiet and peaceable enjoyment of them There was likewise a formal and explicite Renunciation of all Claim made by the Spaniards to whatsoever was in the English possession but not one word or syllable so much as once mention'd in that whole Treaty concerning and relative to such parts and places as were not at that season in the occupation of the one or of the other Nor can it in consistency with good Sence and Reason be imagin'd But that if the Right of the King of Spain to all those Territories and Districts in America which were neither in the actual occupation of the Spaniards nor of any other European Princes and States should by that Treaty have been acknowledg'd to appertain and belong to the Crown of Spain their Title thereunto would have been specially inserted and declared with an express exclusion of all others that should afterwards desing to be Planters in those void places of the Continent and Islands of America Nor is it to be doubted that if the Right of the Spaniards had been to be confess'd and own'd in that Treaty to all the parts of the Continent and Islands that were not possess'd by Europeans but that the landing and settling there in order to plant without freedom and liberty previously granted by the Crown of Spain would have been specify'd as an act of Hostility and Infraction of the Alliances So that there having been no such care taken nor provision made in the foremention'd Treaty it is an indispensible evidence that the whole which was thereby design'd was only to adjust and settle Matters in relation to what each of those two Crowns were actually in possession of And that they were left still under an equal freedom of settling in any new Places that were void and unoccupy'd and no more in the hands of the one than of the other Nor can it fall into the thoughts of any who have not lost their Understandings that the English who are a trading People and who finding their Interest and Profit in their West-India Plantations design'd to extend and enlarge them in whatsoever other parts of America they could where Settlements might be made without Invasion upon the Rights of Europeans should by that Treaty be concluded and stak'd down to plant in no other places of the West-Indies save in those where they had Colonies at that time So that the whole which was decided adjusted and stipulated in and by that Treaty amounted only to these two things First That by the 7th Article The King of Great Britain and his Heirs and Successors shall have hold and possess with full Right of Empire Property and Possession all Lands Regions Isles Colonies and Lordships situated in the West-Indies or in any part of America which His Majesty King Charles II. did then hold or which His Subjects did then possess so that no Controversy whatsoever was afterwards to be rais'd or mov'd in reference to that Matter And 2dly That by the 8th Article The Subjects of the said King should abstain from all Commerce and Navigation in the Ports Havens and Places having Forts Castles or Staples for Commerce that is That the Subjects of Great Britain shall not Trade nor Sail into the Ports and Places which the King of Spain hath in the West-Indies nor the Subjects of the King of Spain Trade or Sail to the places which the King of Great Britain doth there possess without Licences mutually and reciprocally given in the words and terms which were specify'd and set down in a Schedule annex'd to the Articles of the Treaty From both which it doth demonstratively appear that all stipulated about and agreed unto in that Treaty was and is that the said Kings and their Subjects shall not only severally and respectively forbear the Invading of such others Territories and the injuring of one another but that they shall not Navigate nor Trade in the Ports and Staples that do belong unto either save under such provisions limitations