Chap, II. c fhe Hiflory y See . of the Imperial-Company at Oftericl. 971 
Although the Directors of the Eaft-India Company in 
this Country do not know of any other Priviledge, but 
that which allows them to import the Produ&S and Mer- 
chandizes from the Indies , into the Dominions the King of 
Spain poffeffes in Europe , or in fuch Places where all other 
Nations have a free Trade, and that indeed by certain 
Letters Patent iffued by the King of Spain in 1663, it 
was enjoined, that at the entering of thofe Products and 
Merchandizes into fuch bf his Majefty’s Dominions where 
their Importation has always been allowed, Affidavits 
fhould be produced, to make it appear, that they are 
brought from the Countries, Colonies and conquered Pla- 
ces our Eafi- India Company is poffeffed of in the Eaft-In - 
dies, to the End they might be diftingiiiffied from the 
Merchandizes brought from the Portugueze Eaft-Indies , 
Spain being then at War with that Nation. Yet your 
High Mightineffes Minifter then refiding at Madrid , ftre- 
nuoufly oppofed it, in the Name of the State, and having 
reprefented to his Catholick Majefty, the Impoffibility of 
complying with this Demand, it was dropped in all Ap- 
pearance, fince they never heard, that the like Affidavits 
have been afterwards required in Spain , for the Produces 
and Merchandizes brought from the Eafi-Indies. 
But as thefe Things have in all likelihood been inter- 
preted according to the ancient Pradlice, or that they 
might be fufceptible of fuch a Conftrudlion from preceding 
A£ts and Treaties, the Diredlors glance upon them occa- 
fionally, to ffiew only, that the implicit Meaning and In- 
tent of thefe Articles is altogether unknown to them, or 
at leaft does not appear fo clear as what is eftabliffied in 
the abovefaid fecond Article, wherein, 44 The faid free 
“ Accefs, and Refort to all his Catholick Majefty’s Ports 
44 and Places is exprefsly extended to the Eaft- Indies. 
Which the Diredlors do not remember to have been grant- 
ed in fuch a Manner to any Nation whatfoever, and efpe- 
cially to the Subjedls of this State , fince by the fifth Ar- 
ticle of the Treaty of Munfter fo often quoted, it is ex- 
prefsly ftipulated, 44 That the Subjedts of this State fliall 
“ forbear frequenting the Caftilian Places in the Eafi- In- 
64 dies!* This has been ftridlly obferved ever fince by 
the Spaniards , as it appears by a particular Cafe, the Di- 
redtors had the Honour to lay before your High Mighti- 
nefies, by their Memorial in the Year 1720, viz. 44 That 
“ in 1687, a Ship belonging to their Company, having 
44 on Board two Friars, who had been fhip-wrecked on 
“ the Coaft of China , and having at their earned: Requeft 
44 carried them to the Philippine Inlands, the Captain of 
“ that Ship only demanded, on this Occafion, a final! Pro- 
44 vifion of Water, which he wanted, byReafon he had gone 
44 fo much out of his Way,; but inftead of granting him 
44 this, or any other Favour, they ordered him forthwith 
44 to retire.” 
Hence it is manifeft, how far the King of Spain was 
from defigning, that his Sea-ports and Places in the Eafi- 
Indies, which extended no farther than the Philippine 
Hands, otherwife called Manillas , fhould ferve for Sta- 
ples, or Places of Refreffiments to the Eafi-India Ships, of 
this State, as knowing very well what might be the Con- 
fequence of it ; but the Diredlors think they have a more 
particular Reafon to complain of the faid thirty-fix Arti- 
cles, becaufe the King of Spain grants thereby to his Im- 
perial and Catholick Majefty’s Subjedts, not only all that 
has been granted, but moreover yielded to the Inhabitants 
of this State, by the Treaty of Munfter , both in regard 
to the Indies , and otherwife, which they take to be di- 
redtly contrary to the fifth Article of the faid Treaty of 
Munfter, by which it is ftipulated, 44 That the Spaniards 
44 fliall continue their Navigation within the fame Limits, 
44 as at the Time of that Treaty, without extending it 
44 any farther in the Eafi-Indies S' As on the other Hand, 
it was ftipulated by the Treaty of Utrecht, in 1714, between 
his Spanifio Majefty and this, State, 44 That the Naviga- 
66 tion and the Trade in the Eafi and Weft- Indies, belong- 
44 ing to the Lords the States-Genercl , fliall be carried on 
44 in the fame Manner as it had been pradlifed hitherto.” 
Which proves evidently, that no Change ought to be 
made on either Side, with refpedl to this Navigation, 
whether it be by their own Subjedls, or thofe of another 
Power, not comprehended in the fifth Article of the 
Treaty of Munfter , feeing the tenth Article of the Treaty 
of Utrecht fays moreover, “ That the Prerogatives relating 
46 to the Navigation and Commerce in the Eafi-Indies , 
“ expreffed in the fifth Article of the Treaty of Munfter , 
46 fhall only concern the two high contradling Powers, 
44 and their Subjedls, namely, Spain and this State , and 
44 no others.” 
So that the true Meaning and Intent of thefe Words, 
appear plain and manifeft by the Report of the Pienipo- 
tentiaries at the Congrefs at Utrecht , inferred in the Verbal 
and the Notules, or Refolntions of your High Mighti- 
neffes of the Fourth of Janurary , 1714, in the fame 
Terms: 44 Firft, upon the fifth and fixth Articles of the' 
44 Treaty of Munfter , which the faid Plenipotentiaries 
44 looked upon as deferring forne Remarks, as being appli- 
44 cable to others, faying, that the States and their Inha- 
44 bitants ought indeed to enjoy all the Advantages ftipu- 
“ lated by this Treaty, but that the other Nations, andpar- 
44 ticularly the Hans Towns, fliall not partake of the 
“ fame A convincing Proof that the Exclufion, or Non- 
admittance of other Nations from enjoying what has been 
agreed upon by the fifth Article, about the Navigation and 
Commerce of the Eafi-Indies , was the only true Aim of 
that Treaty ; which having been thus inferted at the Re- 
queft and Inftances of the Spanifio Plenipotentiaries, and 
agreed to by both Parties, it is not allowed to either of 
of thefe two Powers to transfer this Right by Treaty, or 
make another Nation partake thereof without the Con- 
currence and Confent of the other Powers comprehended 
in the fame Convention, and concerned therein. Befid'es 
that, after the King of Spain had once yielded in Favour 
of the Inhabitants of this State the Part of the Indies , 
which the privileged Eaft-India Company poffeffes, 
with Promife that the Spaniards fhould not extend them- 
felves on that Side, he has no Right to make over a fe- 
cond Time to other Nations, what his Majefty had for- 
merly defifted from by fofolemn a Treaty, and which he 
has always left to the privileged Eaft-India Company of 
this State, or to fuch who having been formerly his Ma- 
jefty’s Subjects, are alfo comprehended in the Article of 
Exclufion. Neither is he entitled to tolerate publickly, 
that the Dift rifts yielded, and which have been peacea- 
bly enjoyed without any Lett from the Spanifio Subjedls, 
but frequented by Men of War and Merchants Ships, 
that Forts, Colonies, and Factories for Trade be fet up 
there, and generally to do every thing that could be done 
had there been no Treaty, to the great Prejudice and im- 
pairing, if not entire Extinction of the Prerogatives of 
this State formerly ftipulated and obtained. 
And, forafmuch High and Mighty Lords, as the Di- 
redlors of the Eaft-India Company in this Country are 
more and more confirmed in what they did forefee long 
ago ; that in Cafe the Eaft and Weft- India Company 
eredted in the Auftrian-Net her lands, will thus carry on 
their Navigation and Commerce, within the Limits of the 
Grant made to the Eaft-India Company of this Country, 
and difturb the Copimerce every where in the Indies, 
the Confequences of this Affair will every Day grow more 
important ; and feeing, befides, that this Navigation and 
Commerce, with the Grant relating thereto, is now of late 
confirmed on the Part of the King of Spain, by an impor- 
tant Treaty, and highly prejudicial to the Commerce of 
the Eaft-India Company of this Country ; and that, in 
fome Refpedls, the Auftrian Company is favoured more 
than the Inhabitants of this State, they could not for- 
bear reprefenting at this Jundlure their Grievances, molt 
humbly befeeching your High Mightineffes to take them 
into your ferious Confideration, and that you would be 
pleafed, according to the Importance of this Affair, to 
ufe the moft effedlual Means, as well at the Court of Vi- 
enna as at that of Madrid , and elfewhere, where it might be 
of any Service to have the faid Grievances redreffed, and 
that Navigation entirely put down, hoping withal, and 
expedling that it will not be taken amifs, that, feeing they 
cannot acquiefce to the new Grant and Treaty, they flick 
clofe to the ancient Treaty, and apply the fame as a Rule, 
not only in Cafes that are doubtful, or omitted, but in 
in all other Cafes. 
IQ. 
