Chap. II. The Hiftory, &c. of the Imperial-Company at Oftend. 975 
of the Emperor, all that was yielded to the Dutch , by 
the Treaty of Munjter in 1 648, and afterwards by parti- 
cular Grants in 16 63, and by the Treaty of Utrecht in 
1714. 
The forty-feventh Article of the fame Treaty of Vien- 
na, grants likewife to the faid Subjedls of the Emperor, 
all that the Englijh obtained in 1667, 1670, 1713, and 
laftly, by a certain Treaty, or Convention, the Date of 
which is not fpecified, with this Addition, that in Cafes 
doubtful, or not fufficiently clear, thofe Treaties fhould 
ferve for a Bafis, and Foundation, nor is it explained, that 
the Entrance of the Emperor’s Subjedls into the Domini- 
ons of the Crown of Spain, ought to be underftood to 
comprehend only the Ports, Towns and Harbours, of 
your Majefty in Europe , and not thofe of the Indies , which 
Reftridtion is moft exprelsly fpecified in the Treaties made 
with their High-Mightinefies, my Mailers. 
So that, under this Pretext, the Subjects of his Imperial 
Majefty would enjoy much greater Advantages than any 
other Nation \ for never was any Perfon permitted to fre- 
quent, in any Manner, under any Pretence whatever, your 
Majefty’s Ports and Towns in the Indies . And for a Proof 
that this is obferved with extraordinary Rigour, on the Part 
of Spain , it may fuffice to relate, that in 1687, a Ship be- 
longing to the Dutch Eafi- India Company, having taken 
on Board two Monks, who had been fhip-wreck’d on the 
Coaft of China , and having at their I ntreaty carried them 
to the Philippine Hands, the Captain, on that Occa- 
iion, defired the Governor of the Country, to allow him 
to take in a little Water, of which he had not Store fuffi- 
cient, becaufe he had gone far about, to carry thofe two 
Monks whither they had defired, which had retarded his 
Voyage j but far from obtaining his Requeft, he received 
Orders to retire immediately, without being allowed the 
leaft Refrefhment, which (fetting abide the Ingratitude of 
the Governor) is an evident Proof, that the Kings of 
Spain have never underftood, that the reforting to Ports 
of their Dominions, ought to comprehend their Towns, 
and Harbours in the Indies', wherefore this Article being 
granted to the Emperor’s Ships, is manifeftly oppofite to 
the Treaty of Munjter , as is alfo the thirty-fixth Article 
of the faid Treaty of Vienna , by which (befides what has 
been already alledged above) your Majefty gives to his 
Imperial Majefty’s Subjects, not only all that was grant- 
ed, but even yielded to the Inhabitants of the Republick, 
by the Treaty of Munjter , as well with refpeft to the In- 
dies, as other wife, which is alfo diredlly contrary to the 
fixth Article of the faid Treaty of Munjter , where it is 
faid, that the Spaniards fhould limit their Navigation with- 
in the Bounds it was at the Time of the Treaty, without 
extending it further in the Indies , and this was confirmed 
by that of Utrecht , in 1714. 
Thefe Articles prove evidently then, that no Change 
ought to be made in that Navigation, the one Side, or 
the other, whether by the Party’s own Subjects, or by 
thofe of any other Power, who is not comprehended in 
the fifth Article of the Treaty of Munjter , confidering 
further, that the tenth Article of that of Utrecht declares, 
that the Prerogatives, with refpedl to the Navigation and 
Commerce of the Eaji -Indies , comprized in the faid fifth 
Article of the Treaty of Munjter , ihall have Place folely 
in what concerns the two high Powers contradling, and 
their Subjehls (that is to fay, Spain and the Republick) 
not others. Accordingly, the true Senfe and Meaning of 
thefe Words appear clearly, by the Report of the Pleni- 
potentiaries at the faid Congrefs of Utrecht , inferted in 
the journal, which is among the Ahls of the Negotiations, 
where it is faid, concerning the fifth and fixth Articles of 
the Treaty of Munjter , 
That the Intention of your Majefty’s Plenipotentiaries 
was, that the States-General of the United- Provinces, and 
their Inhabitants, ought of Right to enjoy the ikdvan- 
tages ftipulated by that Treaty, but that other Nations, 
and particularly the Hanje Towns, ought not to enjoy 
them, a certain Mark, that the Exclufion (or Non-Ad- 
miffion of other Nations to the Enjoyment of what is fet- 
tled by the fifth Article touching the Navigation and Com- 
merce to. the EaJl- Indies) was the only Aim of that Trea- 
ty. And feeing thofe Conventions were inferted at the 
Numb. LX VI I. 
Requifition and Inflance of your Majefty’s Plenipotentia- 
ries, and were agreed to on both Sides, one of the two Powers 
ought not to transfer his Right by a particular Treaty, or 
let another Nation participate therein, without the Con- 
fent and Concurrence of the other Power, who is fo parti- 
cularly interefted in the faid Convention. Befides, Spain 
having yielded to the Republick, that Part of the Indies 
which it now pofleffes, with a Promife, that the Spaniards 
fhould not extend themfelves on that Side •, that Crown 
has no Right to yield a fecond Time to other Nations, 
what it defifted from, and yielded by fo folemn a Treaty 
in Favour of the Republick. 
How is it poftible then, that your Majefty’s Minifters 
fhould permit thofe Articles to be infringed, by giving an 
authentick Permiffion to the OJtend Company, and by be- 
llowing on them Priviledges, which there would have been 
no Right to grant, had that Part of the Netherlands , 
which they inhabit, remained under your Majefty’s Domi- 
on. And feeing that the Kings of Spain had anciently 
the Power, and were in the Poftcffion of excluding all the 
Subjedls of their Dominions (except thofe of Spain ) from 
the Navigation to the Indies , the Inhabitants of the Au- 
Jirian Netherlands, who at that Time were their Subjects, 
were excluded, and it was only by the Treaty of Munjter , 
that the United-Provinces obtained the Prerogatives they 
enjoy, with the mutual Conditions, that the Divifion of 
the Indies being made, the two Parties were obliged to 
abftain from the Navigation within each others Liberties. 
Whence it follows, that the Republick having engaged, 
that her Subjedls fhould not navigate in the Spanifto Indies , 
fhe at the fame Time acquired the Right of excluding all 
the Subjedls of the Dominions of Spain , and confequently 
thofe of the Spanijh Netherlands, from the Navigation 
within their Limits. For the reft, the Cefiion which was 
made of the faid Netherlands to the Emperor, being fuch, 
that his Imperial Majefty fhould poftefs them under the 
fame Conditions the Kings of Spain had done ; it is clear, 
that thefe Countries, by changing their Mafter, could not 
acquire any Right prejudicial to the Republick, and con- 
trary to all the Treaties. 
Befides the exprefs Terms of the thirty-firft Article of 
the Treaty of Utrecht are, that your Majefty promifes and 
engages, not to permit any foreign Nation whatfcever 
(and for any Reafon, or under any Pretext whatfoever) to 
lend Ships, or to trade in the Spanijh Indies •, but that 
on the contrary, your Majefty obliges yourfdf to main- 
tain Things on the fame Foot they were during the Reign 
of King Charles II. and conformable to the fundamental 
Laws of Spain , which abfolutely prohibit, and interdidl 
all foreign Nations from entering and trading into thofe 
Indies , in which even the States-General had engaged to 
fupport and maintain your Majefty againft all thofe who 
fhould have attempted the contrary. Whether therefore 
the Subjedts of the Aujtrian Netherlands be confidered as 
having been formerly Subjects of the King of Spain , or 
whether they be confidered as Foreigners, nothing does 
authorize the granting them Priviledges oppofite to the 
1 enor of the mutual Treaties and Conventions between 
your Majefty and the Republick. 
All thefe Confiderations, Sire, are reducible to the four 
following Heads, viz. I. That by the Treaty of Commerce 
between your Majefty and his Imperial Majefty, the Em- 
peror’s Subjects are permitted to trade in the Indies , which 
is entirely contrary to the Aim and Intention of the Trea- 
ties of Munjter and Utrecht. II. That by the faid Treaty 
of Commerce, the Emperor’s Subjects have acquired Per- 
miffion to enter and frequent your Majefty’s Towns and 
Ports in the Indies , under Pretext of taking in Refrefh- 
ments there, &c. a Thing which has always been refufed 
to the Ships of their High-Mightineffes, and confequent- 
ly, by virtue of the Treaties, cannot be granted to other 
Nations to their Prejudice. III. That your Majefty fup- 
ports and authorizes the Eftabliffiments of a Company 
formed by the Inhabitants of a Country which have here- 
tofore been under your Dominion, is fpecifically under the 
Prohibitions which were ftipulated with regard to all the 
Subjects of the Crown of Spain (the Spaniards excepted) 
which is very different from the Tenor of the Treaties, 
wherein it is declared 3 that your Majefty will not only 
11 P hinder 
