However, following their defeat at the battle of Cape Passaro and the capture of Vigo and Pasajes, the Spanish Navy was severely weakened. At the last attempt to retake Gibraltar in 1704, Spain had a strong navy and the additional assistance of French warships. Spain, however, was not in a particularly advantageous position to capture Gibraltar in 1727. The letter was tantamount to a declaration of war. The cession which his Majesty made precedently of that Place is become null, because of the infractions made in the conditions on which it was permitted that the English garrison should remain in the possession of Gibraltar seeing that contrary to all the protestations made, they have not only extended their fortifications by exceeding the limits prescribed and stipulated, but what is more, contrary to the express and literal tenour of the Treaties, they receive and admit the Jews and Moors, in the same manner of the Spaniards, and other nations confounded and mixed, contrary to our holy religion not to mention the frauds and continual contrabands which are carried on there to the prejudice of his majesty's Revenues.
James's, sent a letter to the Duke of Newcastle explaining why the Spanish Crown believed that Article X of the Treaty of Utrecht (the Article which granted Britain perpetual control of Gibraltar under certain conditions) had been nullified by infractions by the British: On 1 January 1727 (N.S.) the Marquis of Pozobueno, Spanish ambassador to the Court of St.
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