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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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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