Encouraged by a letter from the king,[240] Governor Modyford continued his exertions against the Dutch. In January (?) 1666 two buccaneer captains, Searles and Stedman, with two small ships and only eighty men took the island of Tobago, near Trinidad, and destroyed everything they could not carry away. Lord Willoughby, governor of Barbadoes, had also fitted out an expedition to take the island, but the Jamaicans were three or four days before him. The latter were busy with their work of pillage, when Willoughby arrived and demanded the island in the name of the king; and the buccaneers condescended to leave the fort and the governor's house standing only on condition that Willoughby gave them liberty to sell their plunder in Barbadoes.[241] Modyford, meanwhile, greatly disappointed by the miscarriage of the design against Curaçao, called in the aid of the "old privateer," Captain Edward Mansfield, and in the autumn of 1665, with the hope of sending another armament against the island, appointed a rendezvous for the buccaneers in Bluefields Bay.[242]

In January 1666 war against England was openly declared by France in support of her Dutch allies, and in the following month Charles II. sent letters to his governors in the West Indies and the North American colonies, apprising them of the war and urging them to attack their French neighbours.[243] The news of the outbreak of hostilities did not reach Jamaica until 2nd July, but already in December of the previous year warning had been sent out to the West Indies of the coming rupture.[244] Governor Modyford, therefore, seeing the French very much increased in Hispaniola, concluded that it was high time to entice the buccaneers from French service and bind them to himself by issuing commissions against the Spaniards. The French still permitted the freebooters to dispose of Spanish prizes in their ports, but the better market afforded by Jamaica was always a sufficient consideration to attract not only the English buccaneers, but the Dutch and French as well. Moreover, the difficulties of the situation, which Modyford had repeatedly enlarged upon in his letters, seem to have been appreciated by the authorities in England, for in the spring of 1665, following upon Secretary Bennet's letter of 12th November and shortly after the outbreak of the Dutch war, the Duke of Albemarle had written to Modyford in the name of the king, giving him permission to use his own discretion in granting commissions against the Dons.[245] Modyford was convinced that all the circumstances were favourable to such a course of action, and on 22nd February assembled the Council. A resolution was passed that it was to the interest of the island to grant letters of marque against the Spaniards,[246] and a proclamation to this effect was published by the governor at Port Royal and Tortuga. In the following August Modyford sent home to Bennet, now become Lord Arlington, an elaborate defence of his actions. "Your Lordship very well knows," wrote Modyford, "how great an aversion I had for the privateers while at Barbadoes, but after I had put His Majesty's orders for restitution in strict execution, I found my error in the decay of the forts and wealth of this place, and also the affections of this people to His Majesty's service; yet I continued discountenancing and punishing those kind of people till your Lordship's of the 12th November 1664 arrived, commanding a gentle usage of them; still we went to decay, which I represented to the Lord General faithfully the 6th of March following, who upon serious consideration with His Majesty and the Lord Chancellor, by letter of 1st June 1665, gave me latitude to grant or not commissions against the Spaniard, as I found it for the advantage of His Majesty's service and the good of this island. I was glad of this power, yet resolved not to use it unless necessity drove me to it; and that too when I saw how poor the fleets returning from Statia were, so that vessels were broken up and the men disposed of for the coast of Cuba to get a livelihood and so be wholly alienated from us. Many stayed at the Windward Isles, having not enough to pay their engagements, and at Tortuga and among the French buccaneers; still I forebore to make use of my power, hoping their hardships and great hazards would in time reclaim them from that course of life. But about the beginning of March last I found that the guards of Port Royal, which under Colonel Morgan were 600, had fallen to 138, so I assembled the Council to advise how to strengthen that most important place with some of the inland forces; but they all agreed that the only way to fill Port Royal with men was to grant commissions against the Spaniards, which they were very pressing in ... and looking on our weak condition, the chief merchants gone from Port Royal, no credit given to privateers for victualling, etc., and rumours of war with the French often repeated, I issued a declaration of my intentions to grant commissions against the Spaniards. Your Lordship cannot imagine what an universal change there was on the faces of men and things, ships repairing, great resort of workmen and labourers to Port Royal, many returning, many debtors released out of prison, and the ships from the Curaçao voyage, not daring to come in for fear of creditors, brought in and fitted out again, so that the regimental forces at Port Royal are near 400. Had it not been for that seasonable action, I could not have kept my place against the French buccaneers, who would have ruined all the seaside plantations at least, whereas I now draw from them mainly, and lately David Marteen, the best man of Tortuga, that has two frigates at sea, has promised to bring in both."[247]

In so far as the buccaneers affected the mutual relations of England and Spain, it after all could make little difference whether commissions were issued in Jamaica or not, for the plundering and burning continued, and the harassed Spanish-Americans, only too prone to call the rogues English of whatever origin they might really be, continued to curse and hate the English nation and make cruel reprisals whenever possible. Moreover, every expedition into Spanish territory, finding the Spaniards very weak and very rich, gave new incentive to such endeavour. While Modyford had been standing now on one foot, now on the other, uncertain whether to repulse the buccaneers or not, secretly anxious to welcome them, but fearing the authorities at home, the corsairs themselves had entirely ignored him. The privateers whom Modyford had invited to rendezvous in Bluefield's Bay in November 1665 had chosen Captain Mansfield as their admiral, and in the middle of January sailed from the south cays of Cuba for Curaçao. In the meantime, however, because they had been refused provisions which, according to Modyford's account, they sought to buy from the Spaniards in Cuba, they had marched forty-two miles into the island, and on the strength of Portuguese commissions which they held against the Spaniards, had plundered and burnt the town of Sancti Spiritus, routed a body of 200 horse, carried some prisoners to the coast, and for their ransom extorted 300 head of cattle.[248] The rich and easy profits to be got by plundering the Spaniards were almost too much for the loyalty of the men, and Modyford, hearing of many defections from their ranks, had despatched Captain Beeston on 10th November to divert them, if possible, from Sancti Spiritus, and confirm them in their designs against Curaçao.[249] The officers of the expedition, indeed, sent to the governor a letter expressing their zeal for the enterprise; but the men still held off, and the fleet, in consequence, eventually broke up. Two vessels departed for Tortuga, and four others, joined by two French rovers, sailed under Mansfield to attempt the recapture of Providence Island, which, since 1641, had been garrisoned by the Spaniards and used as a penal settlement.[250] Being resolved, as Mansfield afterwards told the governor of Jamaica, never to see Modyford's face until he had done some service to the king, he sailed for Providence with about 200 men,[251] and approaching the island in the night by an unusual passage among the reefs, landed early in the morning, and surprised and captured the Spanish commander. The garrison of about 200 yielded up the fort on the promise that they would be carried to the mainland. Twenty-seven pieces of ordnance were taken, many of which, it is said, bore the arms of Queen Elizabeth engraved upon them. Mansfield left thirty-five men under command of a Captain Hattsell to hold the island, and sailed with his prisoners for Central America. After cruising along the shores of the mainland, he ascended the San Juan River and entered and sacked Granada, the capital of Nicaragua. From Granada the buccaneers turned south into Costa Rica, burning plantations, breaking the images in the churches, ham-stringing cows and mules, cutting down the fruit trees, and in general destroying everything they found. The Spanish governor had only thirty-six soldiers at his disposal and scarcely any firearms; but he gathered the inhabitants and some Indians, blocked the roads, laid ambuscades, and did all that his pitiful means permitted to hinder the progress of the invaders. The freebooters had designed to visit Cartago, the chief city of the province, and plunder it as they had plundered Granada. They penetrated only as far as Turrialva, however, whence weary and footsore from their struggle through the Cordillera, and harassed by the Spaniards, they retired through the province of Veragua in military order to their ships.[252] On 12th June the buccaneers, laden with booty, sailed into Port Royal. There was at that moment no declared war between England and Spain. Yet the governor, probably because he believed Mansfield to be justified, ex post facto, by the issue of commissions against the Spaniards in the previous February, did no more than mildly reprove him for acting without his orders; and "considering its good situation for favouring any design on the rich main," he accepted the tender of the island in behalf of the king. He despatched Major Samuel Smith, who had been one of Mansfield's party, with a few soldiers to reinforce the English garrison;[253] and on 10th November the Council in England set the stamp of their approval upon his actions by issuing a commission to his brother, Sir James Modyford, to be lieutenant-governor of the new acquisition.[254]

In August 1665, only two months before the departure of Mansfield from Jamaica, there had returned to Port Royal from a raid in the same region three privateer captains named Morris, Jackman and Morgan.[255] These men, with their followers, doubtless helped to swell the ranks of Mansfield's buccaneers, and it was probably their report of the wealth of Central America which induced Mansfield to emulate their performance. In the previous January these three captains, still pretending to sail under commissions from Lord Windsor, had ascended the river Tabasco, in the province of Campeache, with 107 men, and guided by Indians made a detour of 300 miles, according to their account, to Villa de Mosa,[256] which they took and plundered. When they returned to the mouth of the river, they found that their ships had been seized by Spaniards, who, on their approach, attacked them 300 strong. The Spaniards, softened by the heat and indolent life of the tropics, were no match for one-third their number of desperadoes, and the buccaneers beat them off without the loss of a man. The freebooters then fitted up two barques and four canoes, sailed to Rio Garta and stormed the place with only thirty men; crossed the Gulf of Honduras to the Island of Roatan to rest and obtain fresh water, and then captured and plundered the port of Truxillo. Down the Mosquito Coast they passed like a devouring flame, consuming all in their path. Anchoring in Monkey Bay, they ascended the San Juan River in canoes for a distance of 100 miles to Lake Nicaragua. The basin into which they entered they described as a veritable paradise, the air cool and wholesome, the shores of the lake full of green pastures and broad savannahs dotted with horses and cattle, and round about all a coronal of azure mountains. Hiding by day among the numerous islands and rowing all night, on the fifth night they landed near the city of Granada, just a year before Mansfield's visit to the place. The buccaneers marched unobserved to the central square of the city, overturned eighteen cannon mounted there, seized the magazine, and took and imprisoned in the cathedral 300 of the citizens. They plundered for sixteen hours, then released their prisoners, and taking the precaution to scuttle all the boats, made their way back to the sea coast. The town was large and pleasant, containing seven churches besides several colleges and monasteries, and most of the buildings were constructed of stone. About 1000 Indians, driven to rebellion by the cruelty and oppression of the Spaniards, accompanied the marauders and would have massacred the prisoners, especially the religious, had they not been told that the English had no intentions of retaining their conquest. The news of the exploit produced a lively impression in Jamaica, and the governor suggested Central America as the "properest place" for an attack from England on the Spanish Indies.[257]

Providence Island was now in the hands of an English garrison, and the Spaniards were not slow to realise that the possession of this outpost by the buccaneers might be but the first step to larger conquests on the mainland. The President of Panama, Don Juan Perez de Guzman, immediately took steps to recover the island. He transferred himself to Porto Bello, embargoed an English ship of thirty guns, the "Concord," lying at anchor there with licence to trade in negroes, manned it with 350 Spaniards under command of José Sánchez Jiménez, and sent it to Cartagena. The governor of Cartagena contributed several small vessels and a hundred or more men to the enterprise, and on 10th August 1666 the united Spanish fleet appeared off the shores of Providence. On the refusal of Major Smith to surrender, the Spaniards landed, and on 15th August, after a three days' siege, forced the handful of buccaneers, only sixty or seventy in number, to capitulate. Some of the English defenders later deposed before Governor Modyford that the Spaniards had agreed to let them depart in a barque for Jamaica. However this may be, when the English came to lay down their arms they were made prisoners by the Spaniards, carried to Porto Bello, and all except Sir Thomas Whetstone, Major Smith and Captain Stanley, the three English captains, submitted to the most inhuman cruelties. Thirty-three were chained to the ground in a dungeon 12 feet by 10. They were forced to work in the water from five in the morning till seven at night, and at such a rate that the Spaniards themselves confessed they made one of them do more work than any three negroes; yet when weak for want of victuals and sleep, they were knocked down and beaten with cudgels so that four or five died. "Having no clothes, their backs were blistered with the sun, their heads scorched, their necks, shoulders and hands raw with carrying stones and mortar, their feet chopped and their legs bruised and battered with the irons, and their corpses were noisome to one another." The three English captains were carried to Panama, and there cast into a dungeon and bound in irons for seventeen months.[258]

On 8th January 1664 Sir Richard Fanshaw, formerly ambassador to Portugal, had arrived in Madrid from England to negotiate a treaty of commerce with Spain, and if possible to patch up a peace between the Spanish and Portuguese crowns. He had renewed the old demand for a free commerce in the Indies; and the negotiations had dragged through the years of 1664 and 1665, hampered and crossed by the factions in the Spanish court, the hostile machinations of the Dutch resident in Madrid, and the constant rumours of cruelties and desolations by the freebooters in America.[259] The Spanish Government insisted that by sole virtue of the articles of 1630 there was peace on both sides of the "Line," and that the violences of the buccaneers in the West Indies, and even the presence of English colonists there, was a breach of the articles. In this fashion they endeavoured to reduce Fanshaw to the position of a suppliant for favours which they might only out of their grace and generosity concede. It was a favourite trick of Spanish diplomacy, which had been worked many times before. The English ambassador was, in consequence, compelled strenuously to deny the existence of any peace in America, although he realised how ambiguous his position had been rendered by the original orders of Charles II. to Modyford in 1664.[260] After the death of Philip IV. in 1665, negotiations were renewed with the encouragement of the Queen Regent, and on 17th December provisional articles were signed by Fanshaw and the Duke de Medina de los Torres and sent to England for ratification.[261] Fanshaw died shortly after, and Lord Sandwich, his successor, finally succeeded in concluding a treaty on 23rd May 1667.[262] The provisions of the treaty extended to places "where hitherto trade and commerce hath been accustomed," and the only privileges obtained in America were those which had been granted to the Low Countries by the Treaty of Munster. On 21st July of the same year a general peace was concluded at Breda between England, Holland and France.

It was in the very midst of Lord Sandwich's negotiations that Modyford had, as Beeston expresses it in his Journal, declared war against the Spaniards by the re-issue of privateering commissions. He had done it all in his own name, however, so that the king might disavow him should the exigencies of diplomacy demand it.[263] Moreover, at this same time, in the middle of 1666, Albemarle was writing to Modyford that notwithstanding the negotiations, in which, as he said, the West Indies were not at all concerned, the governor might still employ the privateers as formerly, if it be for the benefit of English interests in the Indies.[264] The news of the general peace reached Jamaica late in 1667; yet Modyford did not change his policy. It is true that in February Secretary Lord Arlington had sent directions to restrain the buccaneers from further acts of violence against the Spaniards;[265] but Modyford drew his own conclusions from the contradictory orders received from England, and was conscious, perhaps, that he was only reflecting the general policy of the home government when he wrote to Arlington:—"Truly it must be very imprudent to run the hazard of this place, for obtaining a correspondence which could not but by orders from Madrid be had.... The Spaniards look on us as intruders and trespassers, wheresoever they find us in the Indies, and use us accordingly; and were it in their power, as it is fixed in their wills, would soon turn us out of all our plantations; and is it reasonable that we should quietly let them grow upon us until they are able to do it? It must be force alone that can cut in sunder that unneighbourly maxim of their government to deny all access to strangers."[266]

These words were very soon translated into action, for in June 1668 Henry Morgan, with a fleet of nine or ten ships and between 400 and 500 men, took and sacked Porto Bello, one of the strongest cities of Spanish America, and the emporium for most of the European trade of the South American continent. Henry Morgan was a nephew of the Colonel Edward Morgan who died in the assault of St. Eustatius. He is said to have been kidnapped at Bristol while he was a mere lad and sold as a servant in Barbadoes, whence, on the expiration of his time, he found his way to Jamaica. There he joined the buccaneers and soon rose to be captain of a ship. It was probably he who took part in the expedition with Morris and Jackman to Campeache and Central America. He afterwards joined the Curaçao armament of Mansfield and was with the latter when he seized the island of Providence. After Mansfield's disappearance Morgan seems to have taken his place as the foremost buccaneer leader in Jamaica, and during the next twenty years he was one of the most considerable men in the colony. He was but thirty-three years old when he led the expedition against Porto Bello.[267]