Di tg ‘pis Ce. py Roe SOUND BY SANGOREK! & Buy A LETTE FROM .A Weft-India Merchant TO A Gentleman at Tunbridge, CONCERNING That Part of the French PRopo- SALSs, which relates to North anerlea, and particularly News Foundlagd. WITH some Thoughts on their OF FERS about our Trade to Spain and the Weft-Indies : And an Abftraét of the ASSIENT O. ee LONDON, Printed in the Year 1712. Price Four Pence, a . : | ; a 4 a4 Lowes a ’ ¥ = SIR, Receiv’d yours, wherein you tell me that = feveral of our Merchants are mightily & = pleas’'d_with the Propofals of France, to yt reftore to us the whole Iflaud of St. Chrifiopber, the whole Bay and Straits of Hud~ fon, to deliver up-the !fland of Newfoundland, with Placentia, and to make an abfolate Cef- fion of Annapolis, with the reft of. Nova Sco- tia or Accadic, andthe Afliento or Contract for furnifhing the Spanifh. Weft-Indies with Negro’s for 30 Years, in the fame manner as the French have enjoy’d it for Ten Years paft. { make no doubt but fome People magnify the Advantage of thefe Propofals as. much beyond Truth as others do leflen them: But fince you are pleas’d to defire my thoughts of the matter, I will deal with you freely, ac- cording to the beft of my Judgment and-In- formation, All that they. propofe to reftore us in 4- mérica, was our own before, except. part, of St. Chriftopher’s, which we took from them in this War, and therefore have a Right to it by the Law of Arms: fo that our Obliga- tion to them on this Head is not extraor- dinary. A You: (2) You will be the more readily convinced of this, by confidering the following Paflages of Kiig William’s Declaration of “War a-" gainft France in 1689. where he charges the French King with ‘ invading our Charibbee © Iflands, and poflefling himfelf of our Ter- ritories of New-York, and of Hudfon’s-Bay, ‘in a hoftile manner; feizing ovr Forts, burning our Subjects Houfes, and enriching * his People with the Spoil of their Goods and Merchandizes , detaining fome of our Sub- jets under the Hardfhip of Imprifonment, * caufing others to be inhumanly kilPd, and driving the reft to Sea in a {mall Veffel, without Food and Neceflaries to fupport ' them ;a@ions not becoming ev’n an Enemy = And yet he was fo far from declaring him- felf fo, that at that very time he was nego- * tiating here in England by his Minifter, a Treaty of Neutrality and good Correfpon- dence in Amerila. I ‘believe you will readily agree with me, that the French King’s Ceflion of his fhare of St. Chriftopbers, is not an Over-ballance for the Damages he is charg’d with deing us, in this Declaration which contains another Article relating to. Newfoundland, as fol- lows. * It-is not long fince the French took Li- cenfes from the Exglifh Governour of New- foundland to. fith in ‘the ‘Seas upon’ that Coat, and paid a Tribute for fich Licen- fes, ‘as “dn “acknowledement of ‘the ole Right of the Crown of England to that Ifland 5 and yet of late the Incroachmearts “ of C29 of the French.upon our faid Iflands, and our Subjects Trade and Fifhery, have been more like the Invafions of an Enemy, than. be- coming Friends, who enjoy'd the Advan- «tage of that Trade only by Permiffion, For the better underftanding of this mat- ter, be pleasd. to confider, that we have had a Title to if fince 1497, when Seba/tian Cabot. difcover’d it for Heury VIL. We had a daari hing: Trade therein King James I’s time, and njoy °d it without any Rival till the ninth of. ¢ h arles 1. who by fome means or other. was prevail’d with to allow. the French. to fith ther ¢ le favour, .as I. have been inform’d, of fome Englijh Popihh La- dies that belong’d to a “Noni jery in. France; and the French Ships. were, oblig’d to pay 5 per Cent..as an Acknowledgment. This Liberty granted the French was fo much the more obfervable,.. becanle that Prince in his Ase Patent dated the roth of February that. fame Year, for the better Governnient of the Fifhing, Ships, Inhabi- tants, dc, takes ngtice, © That Newfound: ‘dd © had been acquir’d to the Dominions of ¢ his Progenitors, and his People had many ¢ Years reforted to thofe Parts; where, and ¢ on the Coalts adjoining, they imploy’d ¢ themfelves in filing, Oc, whereby a great ¢ number of his Subjects had been fet at work, € and Navigation and Mariners much In- © creas‘d, The Allotment 3 ranted the French for e- ring their Fifh was to the.W eft ward of Cape Razes which Was a very gteat blunder in 4 Poli- e 8. fe fo Politicks, that being the moft Southerly Part of the Ifland, where the Fifh come fix weeks fooner ‘than any where elfe, and gave them an opportunity of being at Market fo long before. us, The French having then but few Ships, and King Charles I’s Reign being a continu’d Scene of Troubles, as every one knows, this Matter feems not to have been fo much re- garded as the Importance of it requir’d ; fo that the French tafting the Sweets of the Trade thither, they were willing, for the conti- nuance of that Privilege, to pay fometimes three Quintals of Fifth for every Fifhing- Boat they imploy’d, and at other times 10 per Cent. according to the Value of the Fifh they took. It deferves our Obfervation, that as they obtain’d the firft Liberty of Fifhing here in the Reign of Charles|. when we had a French Queen, who had too much Influe ence on our Government; in the 27th of King Charles 1. who we found by fad Ex- perience was for the moft part govern’d by French Councils, they not only had that Li- berty confirm’d, but their former Tribute, in acknowledgment for that Liberty, re- mitted, : We are not to wonder that thofe Grants were confiim’d inthe Reign of King James the Second, who entirely depended on France, and was in a ftri@ Alliance with Lewis XIV. But upon the whole you may fee, that the Fre:ch were fo fenfible of the Weak; e{s Gf their Title, that they found it neceflary to EFF to get this Liberty confirm’d by every fuc- ceflive King fome way or other. Thus things continu’d till the Reign of King William the Third. of Glorious Memo- ry ; who being fenfible of the vaft impor- tance of this Trade, was fo far from cons firming thofe French Grants, or approving the arbitrary Meafures of his Predeceflors in difpofing any part of it to Aliens, contrary to Law, that by the roth and rith of his Reign, cap.25. he fettled the whole Right of it in his own Subjects, exclulive of A- liens, as follows. ¢ Whereas the Trade of, and Fifhing of ¢ Newfoundland, is a beneficial Trade'to this * Kingdom, not only in the employing great “ Numbers of Seamen and Ships, and ex- * porting and confuming great Quantities of © Provilions and Manutactures of this Realm, ‘ whereby many Tradefmen and poor Arti- ¢ ficers are kept at work, but alfo in bring- ¢ ing to this Nation, by returns of the Ef- © fects of the faid Fihheryfrom other Coun- tries, great Quantities of Wine, Oil, Plate, Iron, Wool; and fundry other ufe- ful Commodities, to the Increafe of his Majefty’s Revenue, and the Incouragement of Trade and Navigation: Be it enacted, @c. That henceforth all his Majefty’s.Sub- jects, Orc. Ne (13) yada, they can more eafily call in their Cana- da Indians. ” By all this ’tis plain, that when they de- mand the Ifle of Breton, with leave to fortify there, ‘they demand ‘the Key of the whole Country 4 for the Harbour at the Cape is large and commodious, for entertaining great num- bers of Ships, The Place is naturally capa- blé of being well fortify’d. - The fland is a- bout 60 Leagues long, to or 12 broad, -about 140 in Circuit; abounds with Pines and Firs proper for Mafts, dc, And here they may ereét a Fifhery for dry Fifh, which are to:be had more early, and in greater Plenty at this Place than in Newfoundland: and by its fitua- tion is not only capable, upon any Rupture, to deftroy our Trade, but to difturb our fifhing on the Coaft of New- England ; which is of very great importance, Befides, there’s a vifible Chicane’in the Propofal ; for according to the Commiffion given to thé French Governour, when we took ‘Annapolis Royal from the French, the Ifle of Breton’ was included in Nova Scotia, which they’ propofe now to furrender: And ac- cording to our own accounts, and the above- mention’d “Act of King William, Breton and all the other adjacent Iflands to*Vewfoundland, are our own properly, exclufive of Aliens, There’s alfo an evident Chicane in the Propofal of Accadie, or Nova Scotia, whofe boundaties ought to have been’ afcertain’d for avoiding of Controverfies about its Li- mits in time to come; and fo much the ra- ther; that the French have always been dan- B | gerous (14) gerous Neighbours to New-England. Schaf- tian Cabot was the firft who difcover’d that Country for us 5 and the firft Virginia Com- pany reckon’d it part of N. Virginia, and that all was their own which they could dif- cover to the Northward, and was not. pof- fefs'd by any other European Nation. Befides, by King ames I’s Patent of this Country to Sir Wiliam Alexander, afterwards Earl of Ster- ling he had a Grant of all the Lands and dflands, Rivers, Bays, Oc. beyond Cape Sabie, abone Lat. 43. from the Equinoétial towards the North, and from the faid Cape all along the Shore Weftward to St, Afary’s Bay, -and. then towards the North, croffing that great Bay which runs Eaftward betwixt, the Countries of the Suriquois and Etchemines to.the River of the Holy Crofs, and to the remoteft Foun- tain or Spring of it Weftward, that firft mixes: with the faid River; and from thence by an imaginary dire@ Line Northward, to the next. Bay, Spring, or River, that. falls into the great River of Canadas and from the faid River Eaftward along the Shore of the faid River to the Port or Harbour of Gachepe or Gajfpie, and then towards the South Eaft to the Iflands of Cape Breton or Bacalos, leaving the faid Ifiands on the Right, and the Gulf of the great River of Canada and Newe - fonndjand, with the Iflands thereto belonging, on the Left.; and fromthence to Cape Breton about the Latitude of 45,, and from the {aid Cape to the S. and W.,.to-the abovemention’d Cape Sable, where the Boundary begins, in- Cluding betwixt the {aid Coafts, and: theie Cits Ny ( 15 ) Circumferences all the Lands of the Conti nent, with their Rivers, Brooks, Bays, Shores, Hlands ‘or adjacent Seas, within fix Leagues of any part of them, tothe Weft or Eaft- Part of the Coafts, and their Precinéts:; and from the South-Eaft, as Cape &reton lies, and the Weft-Part of the fame where Cape Sas ble lies, all the Seas and Iflands within 4o Leagues of the faid Coafts, including the Great Hland call’d the dffesof Sable, or Sas blon, lying towards the’ S$ E about thirty Leagues from the faid Cape Breton in the Sea; about Latitude 44. So that nothing can be more plain, than that the Ifle of Cape Bretow is included in this Grant, and that the Boun- daries of Nova Scotia.are very exactly de- fcrib’d.: From whence I think “tis juft to in- fer, that the French muft be more ‘particular in their Propofals, and not leave a thing of this Confequence ambiguous; otherwife her Majefty being now in poffeflion of Annapolis by her Arms, I hope we are ina condition to do our felves Juftice. The next thing to be confider’d is our Trade to Spain and the SpanilhWeft-Indies ; and as to this, I underftand the Frenchpro- pofe we fhall have it on the fame foot as we enjoy d it inthe Reign of K. Charles the Se- cond of Spam. But fam of Opinion that this Propofal is very ambiguous, and may be liable to:many Difficulties; that ought to be explain’d in as {trong Terms as we can. In order to underftand this, you ought to confider, that in Spain, as in other Trading Countries, ( 16 ) Countries, there’s a Book of Rates, whicli fixes what is to be paid on all Goods impor- ted»: and exported; and is a Rule for the Merchants and Officers of the Cuftoms. Now? the Spani/h Book of Rates is very high, and*in fome Species of Goods amounts toho lefs than a Prohibition; and this Book not ‘having been alter’d for many Years; Goods which formerly yielded double the Price there they do now, are ftill liable. to the fame Duties; tho they be funk to half the:Value. Ruriedispeneesae pe s- e To» prevent this Inconveniéncy to our Traders thither, King Charles the Second; itanding in frequent need’ of our Affiftance; he abated us 25 percent. of. the Cuftoms, which was call’d the King’s Gratid, and ob- lig’d> the Farmers. to abate us from 25 to 40 per Cent. more. . Therefore to tell Us that we fhall“enjoy the Trade to Old Spain, on the fame foot we ‘enjoy’d it in King Charles the Second’s time, is liable. to a terrible Chi- cane, amounting to no lefs than a Prohibi- tion,’ except we be pofitively affur’d of the fame Abatements by the King and the Far mers, or that the Spani(/h Book of Rates be fo: alter’d, as the Cuftoms on every Species of: Britifh.Goods may be adjufted, fo'as our Merchants may trade thither with Safety, and @Profpec of Advantage; otherwife, at the Inftigation of the French, they may ims pofe: the old Book of Rates upon us at any time, which puts an end to all our Trade thither and’ particularly to that from New- foundland;: Then Ni (17 ) Then as to our Trade to the Weft- Indies, if that be on the fame foot as in the time of King Charles the Second, *twas no otherwife than thus: Our Goods were firft carry’d to Cadiz, fhip’d off there annually in their Galleons, either in the name of Spanif/h Fac- tors, or fold at Cadiz to the Spanifb Mer- chants, who fent them to the Weft-Indies on their own Rifque and in returns we had Gold, Silver, and other valuable Commodi- ties. But this, in my Opinion, is very much fhort of what King William ftipulated for us by the 6th Article of the 2d Grand Alliance, viz, That it fhould be lawful for us, in order to enlarge our Navigation and Commerce, to feize by Force what Lands and Cities we could of the Spanifh Dominions in America, and to poffefs them as our own. Therefore, in my Opinion, we ought to’ have fome Ports allow’d us in Chili and Pe- ru, if not likewife in the North Sea; other- wife we are as much reftrain'din our Trade to the Weft- Indies as ever: and the Reftric- tions were fo fevere, that our Ships could not fo much as put in there, tho forc’d by ftrefs of Weather or Enemies, but in fuch and fuch numbers, and to ftay no longer than was ne¢ceflary to refit, without any li- berty atall to trade, as may be feen by our Treaties of Commerce with Spain. So that our private Traders from Yamaica, &c, who ventird to the Coafts onthe North Sea, did it at the rifque of their Ships and Goods and of having all their Men made Slaves ; nor durft the Natives or.other Inhabitants C trade ( 18 ) trade with us but at their utmoft Peril, their Prohibition-Laws are fo very fevere. Befides, it ought to be confider’d, that by the 8th Article of the fecond Grand Al. liance, the French were excluded from traf- ficking. direétly or indireétly to the Spanifh Wejt-Indies + whereas they have now a fix'd Trade thither, by which they have already gain’d annually fome. Millions Sterling : So that there’sa very great Difference betwixt what the French propofe tous now, viz. That we fhall have the fame Privilege of Trade to the We/t-Indies that other Nations have had and fhall have, and the above-men- tion’d Article-which excludes the French; fince they are not only fettled there, where- as we are to begin, but the Supreme Go- vernment is in the Houfe of Bourbon, and all the Viceroys and Governors of the Ports, xc, are of their Nomination. So that we can never expec the fame Privileges with the French, who are of the fame Religion with the Spaniards, and have the Supreme Government over them, which they will exert in another manner than hitherto, when Spain and the ‘Weft-Indies are fecur’d by Treaty to King Philip, Therefore I am of Opinion, that we ought to’ demand an Equi- vatent gor the oth and 8th Articles of the fecond Grand Alliance above-mention’d, and for what was ftipulated by General Stanbope with King Charles the Third, in relation to our Commerce with Spain and the Weft-In- dies. And fince her Majefty has again and avain declar’d, that her beff Endeavours fhould -_ _— —=-=— —~—- be: paid:,from, fix months to fix months, fromthe 1{t of, Sept. to the end of thetime, only for each 4000 Negroes, that for the 800 odd being remit- ted during the faid ten years, in. confidera- tion of the’. Payment made at AZadrid.or Pa- ris, for the greater Advantage of. the King of Spain’s Treafury. 6. If the. War continw’d, during the ten years, the Company were not oblig’d to im- port above 3000 Negroes: per ann. and the remaining 1800 to be impotted in the fol- lowing years ; and if the 3000.can’t be com- pleated, Cuftoms to be paid for the fame,de- ducting thofe that fall hort ; -notwith{tand- ing which, the 10cd00® Pieces that the-Cnf- toms (i245) \ toms of the faid 3000 amount to,., fhall be paid from fix to fix months during the War; and if above 3000 be imported,, they are to be paid for as above. . 7» Ifa Peace happen, the Company _ {hall not be oblig’d to import the 4800 every year, becaufe of Accidents that may inter- vene ;.but fhall pay the Cuftoms for 4:00, as if they. were imported, 8. The. Ships fhall be the French Compa- ny’s, or Spaniards, atthe Option of the Com- pany 5 andif they ufe others, they fhall all be Roman Catholicks: or if the Negroes be imported by Ships of any Nation in Amity with. Spain, into the North Sea-Ports, the Captain and Crew muft be Roman Catho- licks. 9. Negroes may .be imported and traded for in all the Ports of the Weft-Indies, . his Catholick Majefty difpenfing with the Laws to the contrary; but.no Negroes fhall be landed. where there are no Royal Officers to fearch the Ships, and certify what Negroes are imported, The Negroes carry’d to the Iflands of Barlovento,Cumana and Maracai- bo, fhall not be fold by the Company for a- bove 300 Pieces each, and as much lower as poflible, for the Relief of the People; bat in other. Parts of New Spainand Terra Firma, they may fell them for the moft they.can. 10, They may import Negroes to all. the Ports on the Northfide of America, and ‘to Buenos. Ayres, and annually nie two Ships for that. end, capable of. containing from 700 to 800 Negroes of both Sexes,. which they may fell Oe oe = ay oe = taeey Se rhe te eee ( 22) | fell for what they can, but no greater Num- ber muft be landed than 500 or 600. t1. For carrying Negro’s to Peru, the Company may build, in exchange for Negro’s, or otherwife, in Panama or other Ports of the South-Sea, two Frigates or Veflels of 400 Tuns, and bring in return Fruits, ftamp’d Bars, and Wedges of Gold Cuftom free. And the Company may fend from Europe for Puerto Velo or" Panama, Neceflaries for building thofe Ships only ; but the faid Neceflaries are not to be fold or traded for on pain of Con- fifcation, and the Buyers and Sellers to be punifh’d, and from thenceforward this Per- miffion to ceafe. And when the time is ex- pir’d, the Company fhall not ufe the faid Ships, or fend them to Europe, but be oblig’d to fell, aliena@, or give them away. 12. The Company may ufe Frenchmen or Spaniards for this bufinefs in the Ports or In- land parts of America, his Catholick Majefty for that end difannulling the Law againft Fo- reigners, provided that in no Port of India above 4 or 6 Frenchmen fhall go up the Coun- try for the conveniency of the Company, and carrying on this Undertaking : and the French ate to be treated as Spanif/h Subjects,. without being difturb’d by any Officer of what de- gree or quality foever, on any pretence; un- lefs they at contrary to the Laws of the Place and this Agreement. 13. The Company may nominate in all the principal Ports and Places of America, Judges Confervators (but no Royal Officers) to de- termine all Caufes of the Company, with which ( 23) which the Viceroys or other Tribunals are not to meddle ; but Appeals are to be made to the Council of the Indies, that fo at length his Catholick Majefty may be fole Judg Con- fervator. 14. The Viceroys, Gc. are not to lay an Embargo, or detain, for the Ufe of the War, any of the Company’s Ships, but fhall fur- nifh them with what Neceflaries they. want at the common Prices, on pain of being ac- countable, and making fatisfaction to them out of their own Pockets for what Damages may accrue to the Company by detaining their Ships. 15. The Viceroys fhall not arreft, f{eize, or take poffeffion of any of the Company’s Effects, on pain of Punifhment, and making Satisfaction for the Damages. 16. The Company and their Indian Fac- tors, may take into their Service fuch Mari- ners, Afliftants, and Officers,- for lading and unlading, as they have occafion, on fuch Sa- laries as they can agree for. 17. The Company may lade their Returns on board the Flota or Galleons, agreeing with the Captains, or in their own ‘Ships, if they think fit; and the Spamifp Men of War are to have Orders to admit them under their Convoy. 18. After the. 1ft of Afay 1702. neither the Portugal Company, or any other Perfon, fhall import. any Negro Slaves, on pain of confifcation to the Company, they paying the Duties for the fame. 19. TER ee ae a. SET ISS oe OE aig a en Se HOES ( 24.) ¥9. The Company, their Factors, or others authoriz’d by them only, toimport Negro’s into the Ports of the Zndies; all others, both Subjects and Foreigners, being prohibited : for the performance of which his Catholick Ma- jefty obliges his Faith and Word. 20. If any Accident happen to difturb the Trade and Concerns of the Company, or any Suit be: commenc’d, his Catholick Majefty is to have the only cognizance of it. 21. The Company’s Ships, affoon as they arrive in the Ports of the Jndies, are to prove their Health , without which the Royal Offi-” cers ate not to permit them to enter. 22, This Article is made void. It was to prevent Frauds by the Company, on pain of’ Death, to thofe concern’d, if the Value of the contraband Goods amounted to too Pieces ; but if under, the Sellers and Buyers were to be apprehended and fin’d, and the Value re- cover'd of the Captain; but neither the Ships nor Negro’s confifcated in any cafe, . 23. The Ships to be unladen for the Subfift- ance of the Negro’s, are to pay no Cuftoms of Export or Import; but they are to pay what ts eftablifh’d for the Ships they buy and fitout from thofe Ports. 24. That Cuftoms be paid for the Negro’s landed, and that die before they are fold; Without any Objection. ; 25. That when fome ‘of the Negro’s are fold in any Port, they may go to another, receiving the Value in Ryals, Bars, and Wedges of Gold, without Cuftoms; but if | fold Ss ( 25.) fold for the Produce of the Country, the Company to pay the eftablifh’d Cuftoms. 26. The Ships us’d in this Trade may {ail from the Ports of France and Spain as they Pleafe, giving notice thereof firft to his Ca- tholick Majefty; and may bring returns, for the Produce of the Negroes, in Silver, Gold, and the Produce of the Country to the Ports of France or Spain. at Option; but if to the lat. ter fhall report to his Majefty’s Minifters, and bring nothing but what’s porchas’d by produce’of the Negroes, or any thing upon Commiflion or Confignment from particular Perfons in that Kingdom on pain of Confif- Cation. 27- If any of the Company’s Ships of War, belonging to either Nation, take Enemies Ships, Pirates, or Privateers, with Negroes on board, they may fell the fame to the num- ber contraéed for: but no Goods, Merchan- dize, or Effects for thefe mutt be carry’d to Carthagena and Puerto Velo, deliver’d to the Royal Officers, inventory’d, and put into the Warchoufe to be fold at the Fair of Spain in the faid Ports, + of the proceeds to be paid to the Royal Treafury, the other 2 to the Company, and the Veffels with their Tac- Kle, Gc. thall be the Captors, 28. This Contract being principally defign’d for the advantage of their Catholick and moft Chriftian Majefties, both of them are in- terelted + in the Agreement, and each of them in + of 4 Millions of Livers of French, amounting to 1 Million 366000 2 Crowns of Gold : And if his Catholick Majetty will nor D advance ( 26) advance his, the Company ‘is to do it for him for a Premium of 8 per cent. per ann. and if the Company inftead of Gainers happen to be Lofers, his Catholick Majefty fhall make good his proportion in fuch manner as fhall leaft affect his Royal Revenue. 29, At. the end. of the»firft. 5 Years the Company. fhall.make up an account of the Gain {worn to, fettled and. examin’d, and adjufted by the King of France’s Officers, whereby it may appear what belongs to his Catholick Majefty, which fhall be paid by the Company. | 30. If the Gain of the firft 5 Years exceed one Million of Livers French, and the Intereft of 8 per Cent. to be advane'd by the Company for his Catholick Majefty, the Company, firft to reimburfe themfelves what they fo advance with the Intereft , and further, fhall pay the annval Duties of Importation, and for the 5 laft Yearsall the Gain fhall. remain, 31. Whereas ’tis faid inthe third Article, that the200000 Pieces to be advanc’d as afore- {aid, are to be deducted in the two laft Years of the Agreement, ’tis hereby declar’d, that ifin the Gains of the firft 5 Years there be e- nough to fatisfy the faid Sum over and above the {aid one Million, and Intereft, the Com, pany may, chufe cither to retain or pay the fame in whole or in part, that fo the Duties aud Gains of the faid five laft Years may re- main free to his Catholick Majelty ; but if.no fach-Gains fhall. accrue, the faid Article,to retnain.in force. 2. When this Agreement determines, the Com- “ oe v 2 C 27) Company fhall have 3 Years to fettle and adjuft their Concerns in ladia, and to give a final Account to his Catholick Majeity ; during which 3 Years the faid Company and their Agents fhall enjoy the Privileges hereby granted, for the. free Difcharge of their Vef- fels in the Ports of America, and for the withdrawing their Effects, 33. The Company’s Debtors thall be com- pellable to make payment in fuch manner, as if they were indebted to his Catholick Majefty. “ 34. And for the perféemance of the Pre- mifes, his Catholick Majefty difpenfes with all Laws, Statutes and Caftoms contrary to this Agreement, during the 10 Years the fame is to be in force, and for the 3 Years afterwards granted for getting in their Ef- feéts, His Majefty granting to the Company and their Officers, and confirming by this prefent Agreement, all the Privileges therein contain’d ; and purfoant thereunto the Com- pany, oblige themfelves to the'performance of the Premifes by means of Monfieur du Caffe, for himfelf, and in the Name of the faid Royal Company of Guinea by virtue of a Power by him produc’d. Granted at Parts the 23d of July, and to produce the Ratifi- cation of this Agreement within the time limited ; done at Afadrid the 27th of Augu/t, P7On. This; Sir, is a faithful Account of the Affiento, upon which | beg leave to make fome Remarks. D 2 1. We ( 28 ) t We muft pay down in four: Months time 6oo000 Livres, or @ 50000 near E 2, For the King of Spain's of 3 the Stock raq0000 Livres, or aboat ¢ 3333 3. For Cuftoms annually 135000 9. Crowns, or about $ 42793 I. ey om Total 177088 Befides the Charge of Shipping, Viua- ling, Sailors Wages, Stock to purchafe Ne- &roes, and vidtualling the Negroes. till fold, and Lofs of ’em y Death, or for want of Parchafers, - On this Head I thall hint to you what [ have been. inform’d of from very good hands; That both our Merchants and. the Dutch, who formerly traded in Negroes to the Wejft-Indies,, found themfelves feveral times. very great Lofers : for when they brought them to the Spanifo Harbours, the Spantards, in order to fall the Price, would bid. for none: but fach as they pleas’d ; and after examining every Limb, and the State of their Health, fo that the Slave-Merchants had. moft of them return’d upon their hands, efides. the extravagant Prices which the Spaniards made them pay for frefh Provifions, that were neceflary to keep the Negroes in health,. ot for their Recovery when fick; fo that feveral of thofe Vraders were broke torr a6 6a it: The VS ( 29) The Englifh at Famaica were fach Suffer= ers this way, that they forbore carrying a. ny more Negroes to the Spanilh Weft-Indies in confiderable Numbers at leaft, till (Don St. Fago del Caftillo, being, in London, made 4 Treaty for that Trade betwixt. Famaicg and the Spani(h Weft- Indies for Negroes, and was appointed by the King of Spain to be Com. miflary-General at Jamaica for that end 5 where he was known by the Name of Sir James Caftile; King William having ho- nour'd him with the Title of Kaighthood. By Sir Yames’s being there the Trade was made eafy to our Merchants, and by confe- quence the Profit greater ; and this we en- joy’d till the Duke of Anjou’s Acceflion to the Crown of Spain, and our War with him - fo that the granting of this is no new Favour, but the reftoring us to what we formerly enjoy’d. And I with is does not proceed more from the French being Lofers by it, than from any good-will. to us, that'they fo readily part’ with it; for: if it. were other. wife, [am apt to think they. would have been for retaining part of it at leaft, as they are for retaining the Liberty of bifhing and Co- ring in Newfoundland. Iam the more apt to think fo, if it be true, as lam inform’d, that one of the Mafters of our Jamaica Sloops has at prefenr all that Trade in his own Management ; which if fo, is an Argument that ‘tis not fo confiderable as fome People pretend it to. be. Befides; I don’t underftand ‘the "vench King’s Propofal, that we fhall have t he Affi. CHIO ( 30.) ' ento in the fame manner as: the French have enjoy’d it for 10 Years ‘paft. In my Opi- nion tis a great dea} too ambiguous ;~for the French King, by the 28th Article, is interefted = in the Agreement, and 3 in the 4 Millions of Livres: fo that with me it remains a doubt, whether we are to have his part, or only that of the French Guinea Company 5 therefore I hope this will be better explain’d. There are otherHardfhips. which this Ajpento lays the French Company under, that give me fome Canfe to fufpect they have been Lofers by the Trade, and therefore do willingly quit it. x, That by the 2d Article each Negro was to be of the Regular AMeafure of thofe Provin- ces. This I take to include their Size, Age, Strength and Health, and therefore is fo liable to Chicanes, that after we import Ne- groes, moft of ’em may be return’d upon our hands, except it be provided againft, as in the Cafe of our Yamaica Traders, when Sir ames Caftile was appointed Commiflary there for the King of Spain; but I find no fach Provifion made for the French Guinea Company, therefore I think this ought to be explain’d. >. I conceive that the 6th and 7th Arti- cles are Hardfhips upon thofe who import Negroes, fince they are obligd to pay Cuf- toms for the whole Nombers there men- tion’d, tho they dont or can’t import them. And the 24th Article feems yet harder, that they muft pay for fuch as die before they are fold, confidering what Numbers may happen ie: $0 ee a eee (31 ) to die, if the Voyage be long, or the Seafon fickly. 3. The 8th Article, in my Opinion, ought to be made void, otherwife it will be dif- honourable, and may be dangerous to our Proteftant Traders, if they be oblig’d to fail their Ships with none but Papifts; and this we fee was the Cafe of the French, whofe Contra&, according to the Propofals, muft be the Rule of ‘ours. 4. 1 take the oth Article to be another Hardfhip, and lays us opento be trick’d by thofe call’d the Royal Officers, who may abfent themfelves from the Ports we trade to on purpofe, and by that means prevent our landing Negroes, be they ever fo fickly, or. tho we be forc’d to it by Tempeft, Enemy or leaky Ships. This [ think ought to be provided againft, otherwife we may be ob. lig’d either to bribe thofe Officers tor their Search and Certificate, or to fell our Negroes at what rate the Spaniards fhall pleafe, 5. Phe roth Article, which reftrains us to two Ships, and fuch a number of Negroes, feemsto be very hard, confidering the ad- Vantageous Situation of » Buenos Ayres, by which we might fupply not only’ Tucuman and Paraguay, but Chilzand Peru; and efpe- cially. the Mines of. Potofs with Slaves far more, conveniently, and with lefs Charge and Danger, than by a long Voyage co the . South-Séa. 6. The tith and rath Articles-bear very s : aft te a So ee okt | - are lies « nara upon US, And are caicul sted LAV £ ay LO ~mrhi Kee Seasons ae. 3 res Rc sg t q pi yh + rans oat pina? ~~ a proniols aus OLUCT Trade OUC that Ci NWe- ets ijt VN, zee Co ede Stadia yr ey ( 32) groes, and will hinder fuch ufeful Difcove- ries as we might make for enlarging our Commerce, however advantageous it might be to the Spaniards as well as to our felves, This { take to be an effectual Bar to the Sete tlement and. Commerce of our South-Seg Company, from which we have reafon to ex- amighty Advantages. And | am the more convine’d of this by KK. Philips’s Declaras ion, lately publith’d in our Prints, that we iré Mot to have one Foot of his Dominions 1 the Weft. Indies, which 1 take to be.a very ndiffereat Compenfation forthe Favour we ave fhew'd to theHoufe of Bourbonin their refent Circumftances, when the other Con- derates are for recovering the whole Spa- » Monarchy out of their hands. 13th and 2oth Articles, which ing of Spain fole Judg Conferva- tor, and give him the final determination of all Controverfies and Suits that may happen betwixt the Company and his Subjects, or in- deeds betwixt the Company and himfelf, is in my Opinion very difcouraging ; fince by this nicans our Bratifh Subje&ts muft venture their Eftates under an rbitrary Power Abroad, again{t which they have fuch good Securities at Home. I am fure that if fach a Power were allow’d to our own Crown, the Courts at Weftminfter-Hall, and the Exchange of London would foon be fhut up: Therefore | fe¢ no reafon why our Merchants fhould fubmit their Eftates to a foreign arbitrary Power, that takes a liberty to difpenfe with and annul the Laws made in favour of their own. bet Bolt ng ated Hae » & ln # > i (E>: eee ows S§ubjeGs; a is) plainicfrom feveral of the. Articles ; efpecially finte’tis contrary ‘to the Cuftom of. all Trading Countries,’ where Merchants have Gonfuls or Confervators “of their own, to.fee- that theyhave Juftice done them according tothe. Qawsuof Nations, ‘and the refpectiive Treaties of Commerce. 8. The2sth and 28th Articles ] take to be of the fame {tamp ; ‘the firft obliges us to pay double Cuftoms, viz. both for our Ne- groes which we import, and for the Pro- duét. of the Gountry,» that. we may haveoe- Calion totake in exchange for them the Jat. ter, Ithink very hard, becanfe “tis contrary to the Intereft of the Spanifh Subje&s as well as to ours, and moft needs hinder the Con- fumption of their Produé. Then for the 28th Article, I take it to be very difcon- raging to the Merchants, and makes the Re- covery of their Lofles impracticable ; fince it conftitutes the King of Spaia Supreme Judg in the Cafe, and to befure he will always, fa. Vourtisown Reverie, Thus, Sir, I have given you my Thoughts very freely as to the Particular Propofals made us by France, with relation to our Plan- tations in North America, the Trade to New. foundland, the Afiiento, and our Trade to Spain and the Weft-Indies. 1 am very wil- ling to fubmit what I have, faid to the Judg- ment of your felf and other Merchants, and thall be very glad if any thing I have hinted may be of ufe to our Traders, for putting them on their Guard, or aflifting them in | E their Ah 1s i : f ay pos ait f ‘ a F wat tt ay 30f wart ( 34) : their Applications to the Government, that Care may be taken of our Commerce, and every thing fo explain’d in our Treaties on that Head, as may obviate thofe and other Chicanes, which wehave reafon to apprehend from the French and Spaniards. Lam, od SIR; London, Fuly . Your very humbleServant. 26, 171% te, EZ i (09 = ; Sees irre BERN me IEE SRS pee om SR ret ie meta BI spate PRE FUT = = Fe a NSA NS ll Bw FL SEE — NIE