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| Context | A treaty for the composing of differences, restraining of depredations, and establishing of peace in America, between the crowns ofGreat Britain andSpain, concluded atMadrid the 8/18 day of July, in the year of our Lord 1670. |
|---|---|
| Signed | 8 July 1670 (1670-07-08) |
| Location | Madrid |
| Condition | 28 September 1670 |
| Negotiators |  William Godolphin Gaspar de Bracamonte Count ofPeñaranda |
| Signatories | William Godolphin Gaspar de Bracamonte Count of Peñaranda |
| Parties | England Spain |
| Ratifiers | Charles II of EnglandMariana of Austria forCharles II of Spain |
| Language | Latin |
TheTreaty of Madrid, also known as theGodolphin Treaty, was atreaty betweenEngland andSpain that was agreed to in July 1670 "for the settlement of all disputes in America".[1] The treaty officially ended thewar begun in 1654 in theCaribbean in which England hadconquered Jamaica.[2]
The 1670 Treaty of Madrid was highly favourable to England, as itsadverse possession in theCaribbean Sea and the rest of theAmericas was confirmed and made legal bySpain. Before 1670, Spain had exclusively regarded the Americas as Spanish territory with the exception ofBrazil, which was Portuguese according to the 1494Treaty of Tordesillas that had confirmedChristopher Columbus' claim of the New World for Spain since 12 October 1494.[3][4]
The Anglo-Spanish War had begun in late 1654, as England joined France in its conflict with Spain. In Europe, the conflict ended with theTreaty of the Pyrenees (between France and Spain) and KingCharles II of England'srestoration in 1660, but a treaty between England and Spain was never signed. The conflict in the Caribbean began with the Englishfailed attempt on Hispaniola, followed by a successfulinvasion of Jamaica.[5] The region thus remained in a state of war, and privateer raids were launched on theSpanish Main led bybuccaneers notablyChristopher Myngs andHenry Morgan under the behest of Jamaican GovernorThomas Modyford[2] As far as Modyford was concerned, Jamaica would never be secure until Spain had acknowledged England's possession of Jamaica and theCayman Islands and in a treaty.[6] In 1667 theTreaty of Madrid was signed between England and Spain. Although favourable to the former in terms of trade, there was no mention of the American colonies or the Caribbean as rightful possessions.[7] Attacks, therefore, continued, notably Morgan's brutal attack and sackings ofPortobello andLake Maracaibo over the next two years.[8][9]
In 1669,Mariana, the Queen Regent of Spain, in response ordered attacks on English shipping in the Caribbean. Charles II ordered Modyford to issue official letters of marque against the Spanish. Modyford commissioned Morgan once more to raid the Spanish Main. Spain was politically, economically and militarily weak after years of war and political infighting.[2] Charles saw an opportunity that he could not miss and felt the time was right to negotiate a treaty with Spain since England held a great advantage. The only way Spain could be at an advantage was to recapture Jamaica or France and Holland to join in a potential war, which Charles was seeking to avoid.[5]
Negotiations began in the autumn of 1669 between the Spanish representativeGaspar de Bracamonte, Count ofPeñaranda, withWilliam Godolphin,Envoy Extraordinary from England.[5]
The original language of the treaty was in Latin, and the complete English title was "A treaty for the composing of differences, restraining of depredations, and establishing of peace in America, between the crowns of Great Britain and Spain, concluded at Madrid the8/18 day of July, in the year of our Lord 1670".[10]
Spain recognised in Article VII that territory in theAmericas settled by England belonged to England. From the Spanish position, it accepted as applicable the legal doctrine ofadverse possession. Before the 17th century, Spain had considered theWestern Hemisphere exclusively as Spanish territory with the exception ofBrazil.[11]
Article VII. All offences, damages, losses, injuries, which the Nations and People of Great Britain and Spain have at anytime heretofore, upon what cause and pretext soever, suffered by each other in America, shall be expunged out of remembrance and buried in oblivion, as if no such thing had ever past. Moreover, it is agreed, that the Most Serene King of Great Britain, his Heirs and Successors, shall have, hold, keep, and enjoy for ever, with plenary right of Sovereignty, Dominion, Possession, and Propriety, all those Lands, Regions, Islands, Colonies, and places whatsoever, being situated in the West Indies, or in any part of America, which the said King of Great Britain and his Subjects do at present hold and possess, so as that in regard thereof, or upon any colour or pretence whatsoever, nothing more may or ought to be urged, nor any question or controversy be ever moved concerning the same hereafter.[12]
Under the terms of the treaty, all letters of reprisal were revoked by Spain, and reciprocal aid to ships in distress along with permission to repair in each others ports were required.[5]
England agreed to suppress piracy in the Caribbean, and in return, Spain agreed to permit English shipsfreedom of movement. Both agreed to refrain from trading in the other's Caribbean territory and to limit trading to their own possessions.[13]
The treaty was then ratified on 28 September.[1]
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In Spain and its colonies, the treaty was hated and viewed by many as a humiliating surrender.[3][5] Spain's military, economic and political weakness meant that it was unable to pose any will, which England had taken easy advantage of.[14] Spanish merchants in particular were unwilling to accept the treaty, and the Spanish crown had to give special taxCédulas as compensation.[15]
The treaty was highly favourable to England, on the other hand, and the fact that Spain recognised England's colonies in the Americas was a major concession.[16] In previous treaties, Spain had always insisted that the New World west of Brazil belonged to it alone.[17][18]
England effectively challenged Spain in the western Caribbean, and subsequently used Jamaica as a base to support settlements all along the Central American Caribbean coast from theYucatán to (present day)Nicaragua.[19] The new logwood stations there were accepted by Spain but were not recognised and this increased as many ex privateers turned to logwooding.[citation needed] As such, the treaty did not establish any boundaries: Spain and England only adopted, in Article 7, the principle of actual possession. InNorthern America, "this compact legalized England's ownership as far south asCharleston, and Spain's as far north asSanta Elena Sound, in 32°, 30' north latitude".[20] As a result, it was met with consternation by the Spanish inFlorida, who, despite protests, had to accept the newly encroached English colony of Charleston.[18]
Although piracy was suppressed, English ships were now able to roam the Caribbean without hindrance.[5] England had sought that in negotiations with Spain in 1655, but the Spanish had refused. Spain's acquiescence reversed its previous position that defined any English person in the West Indies as an intruder or a pirate.[21]
News of the treaty, however, did not reach the Caribbean in time for Henry Morgan, who on 28 January 1671 launched adevastating raid onPanama City.[17] The Spanish were furious, and the English saw that Morgan and Modyford had violated the treaty. To restore relations, both Modyford and Morgan were recalled and arrested. They went unpunished, however, and were released.[22] Morgan was even knighted by Charles and madeLieutenant Governor of Jamaica.
Spain and England remained at peace until 1702 with theWar of the Spanish Succession.