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A40373 A defence of the Scots settlement at Darien with an answer to the Spanish memorial against it, and arguments to prove that it is the interest of England to join with the Scots and protect it : to which is added a description of the countrey, and a particular account of the Scots colony. Philo-Caledon.; Ridpath, George, d. 1726.; Fletcher, Andrew, 1655-1716.; Foyer, Archibald. 1699 (1699) Wing F2047; ESTC R18505 46,261 66

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to the said Province either by Inheritance M●…rriage Donation Purchase Reversion Surrender or Conquest which being the only Titles by which they or any other People can claim a Right to those or any other Dominions if the Spaniards cannot make out their Right by those of any of those their Claim must of consequence be null and void It is evident that the Spaniards cannot pretend a Tittle to that Countrey by Inheritance Marti●… or the Donation of Prince and People and as to Conquest it would be ridiculous to alleadge it since the Dariens are in actual possession of their Liberty and were never subdued nor receiv'd ●…ny Spanish Governor or Garison amongst them Nay they were so far from it that Wafer Dampier and others that have wrote of that Countrey do all agree that they mortally hate the Spaniards were in War with them and that the Spaniards had no Commerce with those Indians nor command over them in all the North side of the Isthmus a little beyond Porto Bello Capt. Sharp in the Journal of his Expedition published in Cap●… Hacke's Collection of Voyages gives an account that in 1680 he landed at Golden Island with 330 Men and being joyn'd by one of the Darien Princes whom they call'd Emperor and another to whom they gave the Tittle of King Golden Cap with some hundreds of their Men took Sancta Maria attempted Panama and made prize of several Spanish Ships which is the more remarkable because Capt. Sharp was afterwards tryed in England for Robbery and piracy on this very Account but acquitted because of his Commission from those Darien Princes which is a plain Demonstration that the Government of England did then look upon Darein to be no way subject to Spain whateve●… some who are Enemies to the SCOTS do now say against the Legality of their Settlement in that Country This same Expedition against the Spaniards by assistance of the Darien Indians is confirm'd by Mr. Dampier in his Introduction to his New Voyage round the World And the ●…p of Chiapa a Prelate of their own in his Relation of the Spanish Voyages an●… Cruelties in the West-Indies p 217. owns that the Spaniards had no Title to the Americans as their Subjects by right of Inheritance Purchase o●… Conquest We have likewise a large Account and a full Confirmation of the War and perpetual Enmity betwixt the Dariens and the Spaniards in the History of the Buccaneers of America Vol. 2. Part 4. wrote by Basil Ringrose who was one of their Company There he in●…orms us that the Indians of Darien and the Spaniards are commonly at War with one another and that the Buccaneers were invited into that Countrey and join'd by the Darien Princes Capt. Andrea●… Captain Antonio and the King of Darien who assisted th●…m in the taking of Sancta Maria au●… their Attempt upon ●…anama and the King whose Daughter the Spaniards had stole away promised to join the Buccaneers with 50000 Men. This is the more remarkable because those very Princes or their Successors are now in League with the Scots and have joyfully receiv'd them into their Countrey So that it is the strangest Imposition that can be put upon any Nation and one of the most audacious affronts that ever was put upon so Great a Prince as K William for the Spaniards to pretend a Right to Darien and accuse him of a B●…each of the Peace because a Colony of his Subjects have settled themselves there when it is so well known to the World that the Crown of Spain has no manner of Title to that Province Then as to any Claim by virtue of Possession the Spaniards have no●… the least gr●…und of Plea All they can alledge on this head is that they were once admitted by the consent of Capt. Diego another of the Darien Princes to work on some Golden Mines within 15 Leagues or thereabouts of the SCOTS Settlement But it is plain that this makes nothing for their purpose That Prince admitted them only as Labourers but not as Proprietors and when they broke the Con●…itions on which they were admitted viz to allow the Dariens such and such Shares of the Product they were expell'd again by forc●… and ever since that time the Dariens refuse to have any further dealings with the Spaniards who made themselves odious to them by their Treachery and Insolence So that Mr. Wafer tells us pag. 133. they allow a distinguishing Mark of Honour to him who has kill'd ●… Spaniard and pag. 179. that Lacenta one of the chief of the Darien Princes did in his converse with him express his Sense and Resentment of the havock made by the Spaniards in the West of America at their first coming thither 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 considered in their Order To urge the Pope's Grant amongst Protestants is ridicolous and amongst Papists themselves but precarious but adm●…tting it were sufficient to justifie their Title it is easie to prove that the Spaniards have forf●…ited all the Right that they can claim by virtue of that Grant The Church o●… 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 these Restrictions is so far from establishing the Title of the Spaniards that it plainly overth●…ows it That the Indians were committed to the Spaniards by Pope Alexander the VI. on condition that they should teach them the Christian Religion is proved by Don Bartholomew de las Casas Bishop of Chi●…pa iu his Account of the first Voyages and Discoveries made by the Spaniards in America and the Relation of their unparallel a Cruelties p. 165. and there he likewise owns that their acquitting themselves so ill of that Commission they ought to make Restitution of all they have taken from them under this pret●…xt 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 entreated them to keep exactly to it P. 218. he says that the Title of the King of Spain to the Indians is ●…ounded only on the Obligation he h●…d taken upo●… himsel●… to instruct them in the true Faith as appears by the Apostolick B●…ief which they w●…re so far from performing that instead of converting their Sou●…s they destroyed their Bodies having in those early dayes viz In the time o●… the Emperor Cha●…les V. mu●…dered above 40 Millions of them and ●…ook so little care to 〈◊〉 them in the Christian Religion that they perfectly obst●…ucted their Conversion and sold those very Idol●… that some of the poor people had 〈◊〉 away with abhorrence to o●…her of the Indians ibid p 194. which