Note (return) — Chapter V
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By a strange irony of fate, on 8th-18th July 1670 a treaty was concluded at Madrid by Sir William Godolphin for "composing differences, restraining depredations and establishing peace" in America. No trading privileges in the West Indies were granted by either crown, but the King of Spain acknowledged the sovereignty of the King of England over all islands, colonies, etc., in America then in possession of the English, and the ships of either nation, in case of distress, were to have entertainment and aid in the ports of the other. The treaty was to be published in the West Indies simultaneously by English and Spanish governors within eight months after its ratification.320 In May of the following year, a messenger from San Domingo arrived in Port Royal with a copy of the articles of peace, to propose that a day be fixed for their publication, and to offer an exchange of prisoners,321 Modyford had as yet received no official notice from England of the treaty, and might with justice complain to the authorities at home of their neglect.322 Shortly after, however, a new governor came to relieve him of further responsibility. Charles II. had probably placated the Spanish ambassador in 1670 by promising the removal of Modyford and the dispatch of another governor well-disposed to the Spaniards.323 At any rate, a commission was issued in September 1670, appointing Colonel Thomas Lynch Lieutenant-Governor of Jamaica, to command there in the "want, absence or disability" of the governor;324 and on 4th January following, in spite of a petition of the officers, freeholders and inhabitants of Jamaica in favour of Modyford,325 the commission of the governor was revoked.326 Lynch arrived in Jamaica on 25th June with instructions, as soon as he had possession of the government and forts, to arrest Sir Thomas Modyford and send him home under guard to answer charges laid against him.327 Fearing to exasperate the friends of the old governor, Lynch hesitated to carry out his instructions until 12th August, when he invited Modyford on board the frigate "Assistance," with several members of the council, and produced the royal orders for his arrest. Lynch assured him, however, that his life and fortune were not in danger, the proceeding being merely a sop to the indignant Spaniards.328 Modyford arrived in England in November, and on the 17th of the month was committed to the Tower.329