trading in every part of one another's dominions, in all those places where, before the war between Philip II., king of Spain, and Elizabeth, queen of England, there was any commerce, according to what was usual and customary in ancient alliances and treaties made before that time. These are the very individual words of those treaties, which do plainly leave the matter dubious and uncertain, and so king James was satisfied to make peace with Spain any how, since he only renewed the very same treaty which had been concluded a little before the death of queen Elizabeth, who charged her deputies when it was in agitation, among other things, to insist warmly on having a privilege of trading to the West Indies.

But King James, who was mightily desirous of making peace with the Spaniards, was content to leave that clause so expressed, as both parties might explain it in their own way, and as they judged would be most for their own advantage; though these words, " According to what is usual and customary in ancient alliances and treaties," are so to be understood as it is reasonable they should, according to what in justice ought to be done, and not according to what has been done on the part of the Spaniards, to their manifest violation, (which has afforded perpetual matter of complaint to the English, and has been an occasion of continual quarrels betwixt the two nations,) it is most evident from the express words of ancient treaties, that the English had a privilege both of peace and commerce, through all the Spanish dominions.

Moreover, if the way of observing ancient treaties and agreements is to be taken from their manifest violation, the Spaniards have some pretence for explaining that clause, in the last treaties, as debarring the English from all manner of commerce in these parts. And for all that, during one half the time that intervened betwixt the foresaid treaty in the year 1542, and the beginning of the war betwixt Philip II. and Elizabeth, so far as we can judge from the manner in which things were carried on, it would appear that trading in these places was as much allowed as prohibited. But when the Spaniards would permit no commerce at all, they and the English came from the exchange of goods to that of blows and wounds; and this not only before the war broke out betwixt Philip and Elizabeth, but likewise after a peace was made in the year 1604 by king James, and another by his son in

1630, and yet so as not to stop the course of trade through Europe. However, the king of Spain, after this late interruption of our trade, has now judged that the contests in America may be extended to Europe itself.

But we neither insist on the interpretation of treaties, nor the right of commerce by virtue of these treaties, or on any other account, as if this contest of ours with Spain were necessarily to be founded on these. This is built on the clearest and most evident reasons in the world, as will presently appear. Nevertheless, there are some things of such a nature, that though it be not so necessary to found a war upon them, yet they may very justly be obstacles to the establishing of a peace, or at least to the renewing of an alliance, in which these things are not granted, which have either been granted in former pactions, or may reasonably be expected. And this may serve as an answer to that question, Why, since we have renewed the ancient treaties we had formerly made with all other nations, we have not done the same with Spain? and may serve to convince the world that, in the articles of alliance, we have not, as is objected, demanded his right eye, far less both eyes, by our refusing to be liable to the cruel and bloody inquisition in those places where we have been allowed to traffic, but have only insisted upon having such a privilege of carrying on trade, as we were not to be deprived of, either by ancient treaties, or the law of nature. For though the king of Spain has assumed to himself a power of prescribing us the laws and bounds of commerce, by authority of a law made by the pope, whereby he discharges all traffic with Turks, Jews, and other infidels; and though under this pretence, even in time of peace, his ships of war, in other places besides the West Indies, have taken and plundered our ships; and though by the same authority of the pope, and under pretence of a certain gift he has from him, he

* William Stephens, of Bristol, and some other London merchants, in the years 1606 and 1607, trading with those people who live on the coast of Morocco, with three vessels, some ships belonging to the king of Spain that were pirating along these coasts, having come upon them in the bay of Saffia and the harbour of Santo Cruz, while they were lying at anchor, plundered them, without giving any other reason for their doing it than this, that the king their master would not allow of any commerce with infidels; and the loss these merchants sustained at that time was computed at more than 2,000l.

claims the Indians for his subjects, as if forsooth they also were subject unto him, who are neither under his authority nor protection; yet we maintain, that neither the pope nor the king of Spain is invested with any such power, as either to rob them of their liberty, or us of the privilege of conversing and trading with them, which we have by the law of nature and nations, but especially with those who, as we formerly observed, are not under the power and government of the king of Spain.

Another obstacle to our renewing an alliance with Spain is sufficiently manifest, and at the same time very remarkable; which is this, that any of our ambassadors and public ministers who are sent into that kingdom, either for the sake of cultivating a good understanding, or about any other business, betwixt the two commonwealths, are altogether uncertain of their lives, the king being tied down to such opinions, as hinder him from providing for their safety against murderers, so as they may not be always in the most imminent danger; whose privileges, in order to keep up and preserve friendship between princes and commonwealths, have by the law of nations been always considered as inviolable, and as a thing much more sacred than those altars of refuge, whose privileges, built on the authority of the pope and the church of Rome, have been hitherto applied to elude the force of laws and justice, which we demanded should be put in execution against the murderers of Mr. Anthony Ascham, who was sent by this republic into Spain, to procure and establish friendship betwixt the two nations. For which barbarous murder there has never as yet been any satisfaction made, nor punishment inflicted on the authors of it, nor could this ever be obtained, though it was demanded by the parliament; and in their name several times urged with the greatest warmth

*

*This is evident from the parliament's letter, signed by the hand of the speaker, to the king of Spain, in the month of January, 1650, the words whereof are as follow:-"We demand of your majesty, and insist upon it, that public justice be at length satisfied for the barbarous murder of Anthony Ascham, our resident at your court, and the rather, that after we have seen condign punishment inflicted on the authors of such a detestable crime, we may be in no fear hereafter to send our ambassador to your royal court, to lay before you such things as may be equally advantageous to your majesty and our commonwealth. On the contrary, if we should suffer that blood, the shedding whereof was a thing in many respects so remarkably

by the council of state. And this has been hitherto one continued obstacle, and a very just one too, to the renewing of an alliance betwixt the two nations; nay, if we consider how other nations have frequently acted in like cases, it may be considered as a very just cause for war.

But as to the disputes that have arisen in the West Indies, though we, both in the continent itself, and in the islands, have plantations as well as they, and have as good, nay, a better right to possess them, than the Spaniards have to possess theirs, and though we have a right to trade in those seas, equally good with theirs; yet, without any reason, or any damage sustained, and that when there was not the least dispute about commerce, they have been continually invading our colonies in a hostile way, killing our men, taking our ships, robbing us of our goods, laying waste our houses and fields, imprisoning and enslaving our people: this they have been doing all along till these present times, wherein they have of late engaged in an expedition against them.

For which reason, contrary to what used to be done formerly in the like case, they have detained our ships and merchants, and confiscated their goods almost everywhere through the Spanish dominions; so that whether we turn our eyes to America or Europe, they alone are undoubtedly to be considered as the authors of the war, and the cause of all the inconveniences and all the bloodshed with which it may possibly be attended.

There are a great many instances of the most cruel and barbarous treatment, the English have perpetually met with from the Spaniards in the West Indies; and that even in time of peace, both since the year 1604, when the peace was patched up by king James, till the time that the war broke out again, and since that last peace, which was concluded in the year 1630, to this very day. We shall only mention a few of them.*

horrible, to pass unrevenged, we must of necessity be partakers in that detestable crime in the sight of God, our only deliverer and the eternal fountain of our mercies, and in the eye of the whole English nation; especially if ever we should send any other of our countrymen into that kingdom, where murder is allowed to go quite unpunished. But we have so great an opinion of your majesty, that we will not easily be brought to believe that your royal authority is subjected to any other power superior to it within your own dominions."

As a ship called the Ulysses was trading along the coast of Guiana, the

After a peace was concluded in the year 1605, a ship called the Mary, Ambrose Birch commander, was trading on the north coast of Hispaniola: the master being allured with promises of a safe and free commerce, by one father John and six of his accomplices, to go ashore to see some goods, twelve Spaniards in the meanwhile going aboard to see the English goods, while the English, suspecting no frauds, were shewing them their wares, the priest giving a signal from the shore, the Spaniards every man drew his dagger, and stabbed all the English that were in the ship, except two who leaped into the sea, and the rest ashore were put to death with an unparalleled cruelty; the master himself stript of his clothes, and fastened to a tree, was exposed naked to be bit by the flies and vermin. And after he had continued in this miserable case for the space of twenty hours, a negro, hearing his groans, came to the place, and as he was just on the point of expiring, stabbed him with a spear. This ship with her goods was valued at 5,4001.

Another ship called the Archer was taken at St. Domingo, and all the sailors put to death. She was reckoned worth 1,3001.

Another ship, called the Friendship, of London, with her loading, was taken by Lodowic Fajard, admiral of the Spanish fleet, all her goods confiscated, and the merchants and mariners thrown into the sea, except one boy, who was reserved for a slave. This ship with her loading was estimated at 1,500%

The sailors going ashore out of another ship, called the Scorn, (the Spaniards having solemnly sworn they would do them no prejudice,) were all nevertheless bound to trees and merchants and sailors happened to go ashore, by the persuasion of Berry, governor of that place, who had promised, nay, even sworn that they should receive no hurt; nevertheless there were thirty of them taken and committed to prison. Upon which the governor writes a letter to the merchant, acquainting him that he had indeed taken thirty of his men, and that because some foreigners, who had come there to trade with them, had defrauded him of 20,000 ducats, which, if he would send him, he swore he would restore all his men, and allow him the liberty of commerce. The merchant sent him the sum he demanded, part in ready money, part in goods, which after the governor had received, he ordered all the thirty men to be fastened to trees and strangled, except the chirurgeon, who was reserved to cure the governor of a certain disease. This ransom, together with other damages sustained there, was computed at 7,0004.