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The Treaty of Madrid, also known as the Godolphin Treaty, was a
treaty A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal per ...
between
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe ...
and
Spain , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = '' Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , ...
that was agreed to in July 1670 "for the settlement of all disputes in America". The treaty officially ended the war begun in 1654 in the
Caribbean The Caribbean (, ) ( es, El Caribe; french: la Caraïbe; ht, Karayib; nl, De Caraïben) is a region of the Americas that consists of the Caribbean Sea, its islands (some surrounded by the Caribbean Sea and some bordering both the Caribbean ...
in which England had conquered Jamaica.Pestana p. 185 The 1670 Treaty of Madrid was highly favourable to England, as its
Adverse Possession Adverse possession, sometimes colloquially described as "squatter's rights", is a legal principle in the Anglo-American common law under which a person who does not have legal title to a piece of property—usually land ( real property)—ma ...
in the
Caribbean Sea The Caribbean Sea ( es, Mar Caribe; french: Mer des Caraïbes; ht, Lanmè Karayib; jam, Kiaribiyan Sii; nl, Caraïbische Zee; pap, Laman Karibe) is a sea of the Atlantic Ocean in the tropics of the Western Hemisphere. It is bounded by Mexic ...
and the rest of the
Americas The Americas, which are sometimes collectively called America, are a landmass comprising the totality of North America, North and South America. The Americas make up most of the land in Earth's Western Hemisphere and comprise the New World. ...
was confirmed and made legal by
Spain , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = '' Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , ...
. Before 1670, Spain had exclusively regarded the Americas as Spanish territory with the exception of
Brazil Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
, which was Portuguese according to the 1494
Treaty of Tordesillas The Treaty of Tordesillas, ; pt, Tratado de Tordesilhas . signed in Tordesillas, Spain on 7 June 1494, and authenticated in Setúbal, Portugal, divided the newly discovered lands outside Europe between the Portuguese Empire and the Spanish Em ...
that had confirmed
Christopher Columbus Christopher Columbus * lij, Cristoffa C(or)ombo * es, link=no, Cristóbal Colón * pt, Cristóvão Colombo * ca, Cristòfor (or ) * la, Christophorus Columbus. (; born between 25 August and 31 October 1451, died 20 May 1506) was a ...
' claim of the New World for Spain since 12 October 1494.Padron pp.xiv-xxi


Background

The Anglo-Spanish War had begun in late 1654. In Europe, the conflict ended with the
Treaty of the Pyrenees The Treaty of the Pyrenees (french: Traité des Pyrénées; es, Tratado de los Pirineos; ca, Tractat dels Pirineus) was signed on 7 November 1659 on Pheasant Island, and ended the Franco-Spanish War that had begun in 1635. Negotiations were ...
(between France and Spain) and King
Charles II of England Charles II (29 May 1630 – 6 February 1685) was King of Scotland from 1649 until 1651, and King of England, Scotland and Ireland from the 1660 Restoration of the monarchy until his death in 1685. Charles II was the eldest surviving child o ...
's restoration in 1660, but a treaty had never been signed. The conflict in the Caribbean, began with the English failed attempt on Hispaniola, and the subsequent capture of Jamaica raged on longer.Sankey pp. 663-64 The region thus remained in a state of war, and privateer raids were launched on the
Spanish Main During the Spanish colonization of America, the Spanish Main was the collective term for the parts of the Spanish Empire that were on the mainland of the Americas and had coastlines on the Caribbean Sea or Gulf of Mexico. The term was used to ...
led by buccaneers notably Christopher Myngs and
Henry Morgan Sir Henry Morgan ( cy, Harri Morgan; – 25 August 1688) was a privateer, plantation owner, and, later, Lieutenant Governor of Jamaica. From his base in Port Royal, Jamaica, he raided settlements and shipping on the Spanish Main, becoming we ...
under the behest of Jamaican Governor
Thomas Modyford Colonel Sir Thomas Modyford, 1st Baronet (c. 1620 – 1 September 1679) was a planter of Barbados and Governor of Jamaica from 1664 to 1671. Early life Modyford was the son of a mayor of Exeter with family connections to the Duke of Albema ...
As far as Modyford was concerned, Jamaica would never be secure until Spain had acknowledged England's possession of Jamaica and the
Cayman Islands The Cayman Islands () is a self-governing British Overseas Territory—the largest by population in the western Caribbean Sea. The territory comprises the three islands of Grand Cayman, Cayman Brac and Little Cayman, which are located to the ...
and in a treaty.Davenport & Paulin p. 187 In 1667 the Treaty 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.Fisher/Savelle p.65 (1967)
/ref> Attacks, therefore, continued, notably Morgan's brutal attack and sackings of Portobello and
Maracaibo ) , motto = "''Muy noble y leal''"(English: "Very noble and loyal") , anthem = , image_map = , mapsize = , map_alt = ...
over the next two years.Talty pp. 163–165 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. 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 ways Spain that 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. Negotiations began in the autumn of 1669 between the Spanish representative Gaspar de Bracamonte, Count of Peñaranda, with William Godolphin,
Envoy Extraordinary Diplomatic rank is a system of professional and social rank used in the world of diplomacy and international relations. A diplomat's rank determines many ceremonial details, such as the order of precedence at official processions, table seatings ...
from England. 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 the 8/18 day of July, in the year of our Lord 1670".


Terms

Spain , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = '' Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , ...
began to legally recognize in Article VII of the 1670 Treaty of Madrid, any territories in the
Americas The Americas, which are sometimes collectively called America, are a landmass comprising the totality of North America, North and South America. The Americas make up most of the land in Earth's Western Hemisphere and comprise the New World. ...
known as the Western Hemisphere that England's subjects had illegally settled by
Adverse Possession Adverse possession, sometimes colloquially described as "squatter's rights", is a legal principle in the Anglo-American common law under which a person who does not have legal title to a piece of property—usually land ( real property)—ma ...
. Before the 1670 treaty, Spain legally considered the
Western Hemisphere The Western Hemisphere is the half of the planet Earth that lies west of the prime meridian (which crosses Greenwich, London, United Kingdom) and east of the antimeridian. The other half is called the Eastern Hemisphere. Politically, the te ...
exclusively as Spanish territory with the exception of
Brazil Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
which according to the 1494
Treaty of Tordesillas The Treaty of Tordesillas, ; pt, Tratado de Tordesilhas . signed in Tordesillas, Spain on 7 June 1494, and authenticated in Setúbal, Portugal, divided the newly discovered lands outside Europe between the Portuguese Empire and the Spanish Em ...
was Portuguese. That treaty acknowledged
Christopher Columbus Christopher Columbus * lij, Cristoffa C(or)ombo * es, link=no, Cristóbal Colón * pt, Cristóvão Colombo * ca, Cristòfor (or ) * la, Christophorus Columbus. (; born between 25 August and 31 October 1451, died 20 May 1506) was a ...
' claiming the Western Hemisphere for Spain on October 12, 1492. What the Madrid treaty did was to modify the Tordesillas treaty in favour of British legal presence in North America. 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. England agreed to suppress piracy in the Caribbean, and in return, Spain agreed to permit English ships
freedom of movement Freedom of movement, mobility rights, or the right to travel is a human rights concept encompassing the right of individuals to travel from place to place within the territory of a country,Jérémiee Gilbert, ''Nomadic Peoples and Human Rights ...
. Both agreed to refrain from trading in the other's Caribbean territory and to limit trading to their own possessions. The treaty was then ratified on 28 September.


Consequences

In Spain and its colonies, the treaty was hated and viewed by many as a humiliating surrender. Spain's military, economic and political weakness meant that it was unable to pose any will, which England had taken easy advantage of.Ehrengardt p. 61 Spanish merchants in particular were unwilling to accept the treaty, and the Spanish crown had to give special tax Cédulas as compensation.Stein pp. 63-64 The treaty was highly favourable to England, on the other hand, and the fact that Spain recognised England's colonies in the Caribbean as well as the Americas was a major concession.Davenport & Paulin pp. 99 & 188-89 In previous treaties, Spain had always insisted that the New World belonged to them.Mirza p. 99Grady p. 66 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 the
Yucatán Yucatán (, also , , ; yua, Yúukatan ), officially the Free and Sovereign State of Yucatán,; yua, link=no, Xóot' Noj Lu'umil Yúukatan. is one of the 31 states which comprise the federal entities of Mexico. It comprises 106 separate mun ...
to (present day)
Nicaragua Nicaragua (; ), officially the Republic of Nicaragua (), is the largest country in Central America, bordered by Honduras to the north, the Caribbean to the east, Costa Rica to the south, and the Pacific Ocean to the west. Managua is the coun ...
. The new logwood stations there were accepted by Spain but were not recognised and this increased as many ex privateers turned to logwooding.McAlister p. 308 As such, the treaty did not establish any boundaries: Spain and England only adopted, in article 7, the principle of actual possession. In
Northern America Northern America is the northernmost subregion of North America. The boundaries may be drawn slightly differently. In one definition, it lies directly north of Middle America (including the Caribbean and Central America).Gonzalez, Joseph. 20 ...
, "this compact legalized England's ownership as far south as Charleston, and Spain's as far north as Santa Elena Sound, in 32°, 30' north latitude". As a result, it was met with consternation by the Spanish in
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and ...
, who, despite protests, had to accept the newly encroached English colony of Charleston. Although piracy was suppressed, English ships were now able to roam the Caribbean sea without hindrance.Sankey pp. 663-64 England had sought that in negotiations with Spain, but it had refused in 1655, which was the original reason for the outbreak of war. Spain's acquiescence reversed its previous position that defined any English person in the West Indies as an intruder or a pirate.Pestana p. 2 News of the treaty, however, did not reach the Caribbean in time for Henry Morgan who on 28 January 1671 had launched a devastating raid on
Panama City Panama City ( es, Ciudad de Panamá, links=no; ), also known as Panama (or Panamá in Spanish), is the capital and largest city of Panama. It has an urban population of 880,691, with over 1.5 million in its metropolitan area. The city is loca ...
. The Spanish were furious, and the English saw that Morgan and Modyford had gone too far and had effectively broken the treaty. To restore relations both Modyford and Morgan were recalled and arrested. They went unpunished, however, were never convicted and were released.Walton p. 131 Morgan was even knighted by Charles and made
Lieutenant Governor of Jamaica This is a list of viceroys in Jamaica from its initial occupation by Spain in 1509, to its independence from the United Kingdom in 1962. For a list of viceroys after independence, see Governor-General of Jamaica. For context, see History of Jamai ...
. Spain and England were at peace until 1702 with the
War of the Spanish Succession The War of the Spanish Succession was a European great power conflict that took place from 1701 to 1714. The death of childless Charles II of Spain in November 1700 led to a struggle for control of the Spanish Empire between his heirs, Phil ...
.


External links


English translation of the treaty

Spanish translation of the treaty


References


Bibliography

* * * * * * * * * * * * {{DEFAULTSORT:Madrid 1670 Treaties of England History of the Colony of Jamaica History of the Cayman Islands 1670 in England 17th century in the Cayman Islands 1670 treaties Treaties of the Spanish Empire History of Madrid 17th century in the Caribbean 1670 in the Caribbean 1670 in the British Empire