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THE VALIDITY OF THE RENUNCIATIONS OF Former Powers, Enquired into, AND THE Preſent Renunciation OF THE Duke of ANJOU, Impartially Conſidered. WITH A PREFACE, relating to the Guarantee for the Proteſtant Succeſſion.

LONDON: Printed, and Sold by J. Marphew, near Stationers-Hall. 1712.

THE PREFACE.

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AS the following Sheets are written to undeceive and quiet the Minds of the People of this Nation in the Caſe of the Renunciation mentioned in Her Majeſties Speech to the Parliament, ſo I could not let them come abroad into the World without taking ſome Notice of a Caſe which has happened ſince the finiſhing the other, and which ſome People take hold off, to the Diſadvantage of the Government, making Ʋſe of it to encreaſe our unhappy Diſtractions in this Nation.

It was obſerved by ſome, that when the Houſe of Commons made their late Addreſs to Her Majeſty no Mention was made therein of the Proteſtant Succeſſion, and the Houſe of Hannover; this the Party, whoſe peculiar Zeal ſeems to have no other Way left to ſhew itſelf, than in their continued repeating the Danger of the Proteſtant Succeſſion, took hold of as a mighty Advantage, as if the Houſe of Hannover, the Succeſſion, &c. had been purpoſely affronted on that Occaſion.

But if they made ſome Noiſe on that Account, the Alarm they pretend to is doubled. Now [] when on a Motion made in the Houſe the 7th of June, to Addreſs Her Majeſty for the making all the Confederates Guarantees of the Proteſtant Succeſſion, it paſſed in the Negative.

This fills our Zealous Hannoverians, as they would be thought to be, with Aſtoniſhment, and with a feigned Sadneſs upon their Countenances they look at one another with Diſorder and Amazement.

The Gloſs they put upon this is indeed very popular, as if they did foreſee the Pretender coming in at the Breach this has made; and that becauſe the Houſe would not put Her Majeſty upon the moſt Incongruous and Inconſiſtent Step in the World, Needleſs to us, and Irrational in itsſelf, but pretended to be for the Propagation of the Intereſt of the Succeſſion, that therefore the Houſe of Commons ſhould be Enemies to the Proteſtant Intereſt, and to the Houſe of Hannover.

The Houſe indeed have acted in this with their wonted Prudence, and the Vote they have paſſed is certainly a much ſtronger Teſtimony of their firm Adherence to the Hannover Succeſceſſion, than that Addreſs could have been, (viz.) ‘'That they have an entire Confidence in Her Majeſty, and cannot doubt but that ſhe will take all needful Cautions for the Security of the Proteſtant Succeſſion in the Houſe of Hannover,' &c.’ as may be ſeen in the Votes, June the 19th.

[]The Antient Law-maker, Lycurgus, being asked why be made no Law againſt Paricide, gave this wiſe Anſwer, that he would not have ſuch a Crime named among his Citizens; nor would he ſuggeſt that any of his Citizens were capable of ſo much Degeneracy of Nature as to be guilty of it, and therefore he made no Puniſhment for it. By this the wiſe Legiſlator put a greater Brand of Infamy upon the Crime than he could poſſibly have done, by making the ſevereeſt Law againſt it imaginable.

The like is the Conduct of the Houſe of Commons, who having put this as a Matter they think lyes ſo near, and is ſo much Her Majeſties Concern, as that it is impoſſible She ſhould forget to ſecure it, they have thereby more effectually obliged Her Majeſty to take that Part upon Herſelf, than they could have done by leading Her to the Ways and Means theſe People have preſcribed them.

The Expreſſion they have now uſed to Her Majeſty by their ſaid Vote implies moſt ſtrongly Two Things.

  • 1. That the Proteſtant Succeſſion is a Thing of the higheſt Concern to the Nation; ſo great that it would be undutiful and unnatural in them to ſuppoſe Her Majeſty could ſo far neglect ſuch an Eſſential and Fundamental Part of Her Peoples Safety, as to Want that they ſhould remind her of it, and therefore they ſay they cannot doubt it.
  • 2. That the entire Confidence the Commons place in Her Majeſties Zeal for Her Peoples [] Good, is the greateſt Obligation that a faithful People can put upon their Sovereign, to do all that can poſſibly be done in the Thing itſelf, and much ſtronger in all Reſpects than ſuch an Addreſs could have been.

So that upon the whole it ſeems, that the Settlement of the Proteſtant Succeſſion is ſo far from having receiv'd any Shock by the Negative of the aforeſaid Vote, that in every Impartial Eye it muſt rather have Weight added to it; and Her Majeſty is farther loaded with Obligations to ſecure it, if that be poſſible, than She was before.

THE VALIDITY OF THE RENUNCIATIONS OF Former Powers, Enquired into, AND THE Preſent Renunciation OF THE Duke of ANJOU, Impartially Conſidered.

[1]

IT has been the received Maxim of the Preſent Age, that no Peace can be Safe or Honourable while any Part of the Spaniſh Monarchy remains in the Poſſeſſion of the Houſe of Bourbon. The Votes, and [2] Unanimous Addreſſes, of both Houſes of Parliament Here, the frequent Declarations of our Allies Abroad, and the Speeches of our Sovereign from the Throne, together with infinite other Circumſtances in Treaties, in Conferences, Miſſives, Memorials, &c. have both at Home and Abroad concurred to Print this Notion ſo indelibly in the Minds of the common People, that it appears very difficult to remove their Thoughts, or bring them to underſtand or conceive of any other Meaſures, or the Reaſons which may have been given, or pretended, for differing Meaſures. But Time has taught us to ſee, that neither the Opinion of Princes, or Parliaments, are ſo infallible, as not to be Subject to the Mutations and Alterations, which the Accidents of Government, and the Revolutions of Nations, bring upon them; and that which may to Day be eſteemed dangerous and impracticable, to Morrow becomes not only ſafe but neceſſary; ſo that it ceaſes to be an Argument againſt a Thing to ſay, that ſuch was the Opinion of ſuch or ſuch, at ſuch or ſuch a Time; for as Circumſtances alter, the Judgments of Men will and ought to be altered.

This ſeems the Caſe in the Affair of Peace now on the Stage, and which I am here to enquire into; in the Examination whereof, I ſhall, with the utmoſt Impartiality, ſearch into the Thing itſelf, its Nature and Circumſtances, [3] without taking any Advantages from the Meaſures now in Hand, or the Quality of the Perſons whoſe Sanction is added to give Authority to the Opinion. It ſhall be of no Weight in this Caſe that Her Majeſties Speech ſays ſo or ſo, it ſhall not be brought as an Argument that the Government are ſatisfied with theſe Meaſures, or that the Preſent Miniſtry have carried this Thing on upon ſuch and ſuch a Foundation, the true Merits of this Cauſe ſhall, according to the Title of this Tract, be impartially conſidered, and every Thing therein be weighed with the utmoſt Calmneſs, and Coolneſs of Reaſoning, that nothing may Byaſs the Reader, either for or againſt one Way or other, but Matters of Fact placed in the cleareſt Light poſſible.

The Terms of the Peace which is now to be made with France are at large ſet down in Her Majeſties Speech, the quoting them from thence ſerves not to give them any Sanction in the preſent Diſcourſe, more than the Certainty that thoſe are the Real Terms now in Debate, which Certainty has never till now been determined by any undiſputed Authority.

By theſe Terms it is allowed, that, contrary to all which has hitherto been Voted, Declared, or Concluded among us here, the Kingdoms of Old Spain, and the Indies, are Given, or Allotted, to Philip of Bourbon, [4] Duke of Anjou, now Philip V. King of Spain, which is the Firſt and Main Point in Diſpute.

The Contradiction this Step taken now, bears to the former Reſolutions, Declarations, and Determinations of this Government, and of the Confederates, and how it is brought to be conſiſtent with the Words Safe and Honourable, ſo long and ſo often inſiſted on before, depends upon the Novelty of the following Circumſtances. The King of France, a Subtil and Politick Prince, had boldly adventured to break off the Treaty at Geertruydenbergh, although his Affairs were then in but a very low and threatning Poſture; he had found it more difficult to manage the Confederates at a Treaty than it had formerly been; and the Councils of France began to apprehend Evil Conſequences from the enſuing Campaign; all they had for it was, that their Troops in Spain were in a pretty good Condition, and the Duke de Vendoſme, a Commander of Reputation, having joined the Spaniſh Army with 5 Brigades of French Infantry, and about 2500 French Horſe, they had ſome Hopes of putting a Stop to the Troops of King Charles, who after the Battle of of Saragoſſa had found the Caſtilians not ſo much in his Intereſt as he expected, and began to be in Want of all Things, having his Troops diſperſed, many Towns of Importance to keep Poſſeſſion of, and the [5] Rivers, Paſſes, and open Country, poſſeſt by the French, ſo that they began to think of drawing together in a Body, and retreating towards the Frontiers of Arragon: In Flanders, and everywhere elſe, the utmoſt the French could propoſe to do, was to act upon the Defenſive, and, if poſſible, to keep the Confederates from beſieging Arras or St. Omer.

They ſucceeded however in theſe Things beyond Expectation, the Campaign in Flanders ended with the ſingle Loſs of Bouchain, and in Spain the Duke de Vendoſme had the Satisfaction of Surrounding the Engliſh Troops in Briheugha, beating Count Staremberg's Left Wing at Villa Vicoſa, and puſhing the whole German Army back to Catalonia, taking from them all the Caſtles and Paſſes they had ſeized, beſieging Gironne, taking Balaguer, Cervera, and in brief, puſhing the Germans into the very City of Barcelona, where the Duke threatened to Beſiege them in the Spring Campaign.

Theſe Things buoyed up the King of France's Affairs to ſuch a Height, as made the War ſeem more fixed, and Peace more remote, than ever, when on a ſudden an Accident fell in, which gave a new Turn to all the Affairs of Europe; for Heaven, who ſeemed before to have left the Cauſe to the Arm of Fleſh, and who ſuffered the ſeveral Nations to depend wholly [6] upon their Swords; yet now all on a ſuddain, took the Cauſe into his own Hand, and taught both Sides, that the Views they had either Way were not agreeable to him, but that other Meaſures were to be taken to ſettle the Peace of Europe, than thoſe of War Conqueſt, and Deſtruction of Mankind: In Purſuance of theſe Meaſures, Death was ſent with his Black Expreſs to Summon out of the World the ſeveral Perſons, whoſe being in the World prevented either Side from ſeeing their own Intereſt, and from knowing wherein the Peace of Europe really conſiſted On the Confederate Side the Stroke began with the Emperor, whoſe Death, without Male Iſſue, made Way on one Hand for the Advancement of King Charles to the Imperial Dignity, but at the ſame Time gave new Proſpects, and new Schemes, to the Politicks of Europe, cooled ſeveral of the Powers and Princes of the Confederacy in their Purſuit of the War, from the juſt Apprehenſion of lodging a dangerous Superiority of Power in the Hands of the Houſe of Auſtria, a Family who had been ſo juſtly dreaded by a great Part of the Chriſtian World in the Fifteenth Century, and whoſe Power, as the French has done now, had employed all the Powers, and engag'd almoſt all the Princes of Europe in a long War for above Forty Years.

[7]At the ſame Time that this blow gave France ſome Hopes of new Meaſures, and that a Peace might be made on a differing Poot than before, Death falls furiouſly on the Royal Family of France, takes away Three Dauphines, the immediate Succeſſors to the Crown, and the Dauphineſs, Wife of the Duke of Burgundy, and Daughter of the Duke of Savoy, and all theſe within the Compaſs of One Year. There now remained but One of the Children of the Family between the Crown of France and Philip King of Spain, and this an Infant of about One Year and half old; the Fortune of France, weak like the State, and not in the Judgment, even of Phyſicians themſelves, likely to live long; this Blow, tho' it very ſenſibly affected the Old Monarch, yet it immediately put him upon new Meaſures with the Confederates; Two Schemes lay in his View, One, in Caſe the little Dauphine ſhould die before the other could be brought to Perfection, was the tendring the Crown and Monarchy of Spain to the Duke of Savoy; which, as it might be acceptable enough to ſome of the Confederates, yet was much the Intereſt of France to manage it ſo as that the Duke ſhould owe his Advancement to the Court of France, and not to the Confederates; by which Means, if the Emperor, and his Allies, ſhould oppoſe it, as no doubt ſome of them would be perſwaded, he was ſure on one Hand to bring [8] the Duke of Savoy off from the Confederacy, and on the other Hand ſhould be able to carry the War again into Italy; and by attempting to put the Duke in Poſſeſſion of Spain, might keep ſuch a Share in the Dominions and Commerce of Spain, as ſhould be for his Purpoſe. The Second Scheme, founded upon the Suppoſition of the Life of the little Dauphine for a while, was to oblige King Philip of Spain to a formal Renunciation of his Claim to the Crown of France, tho' the ſame ſhould fall by the Death of the preſent Dauphine, and that the Duke of Berry ſhould be declared Dauphine in Caſe of the Death of the ſaid preſent Dauphine, and the Crown to deſcend to him and his Heirs.

This Scheme had ſeveral Views, but principally to obviate the great Objection which was made on all Occaſions by the Confederates, and which ſeem'd to be the Foundation of the War, viz. the Danger of uniting the Kingdoms of France and Spain in one and the ſame Perſon.

It ſeems needleſs to repeat here the Difficulty France had found to bring the Confederates to enter upon any ſuch a Thing as a Treaty: After her rejecting the Preliminaries, and breaking off the Subſequent Treaties at Geertruydenbergh, it ſeem'd as if the Confederates were reſolv'd to have no Peace at all, but to puſh at the Ruin of the French Monarchy, or that they were ſo confident [9] of their Strength as, that they reſolved to oblige France to offer Charte Blanc, and beg Peace, as we uſe to ſay, on their Knees: But France found out a Way to convince ſome of the Confederates that their Affairs were not brought ſo very low; and the Britiſh Court, as well moved with the Diſorder of their own People, as tired with the unequal Burthen of the War, which had lain on them ſo heavy and ſo long, began to ſhew an Inclination to renew a Treaty. The Court of France fail'd not to lay hold of the Occaſion, and obtaining Leave at the Britiſh Court to make New Propoſals, a Miniſter was accordingly ſent over thither, who having on the Part of France made Propoſals for treating of a General Peace in the uſual Manner, and promiſing largely to give Reaſonable Satisfaction to all the Allies, Her Majeſty was prevailed with to interpoſe her Intereſt and Authority to obtain an Appointment, and a Place was accordingly named, (viz.) Ʋtrecht, the particular Hiſtory of which is not to the preſent Purpoſe, and therefore is omitted here. The Difficulties which many of the Confederates ſtarted, and the Oppoſition they made to the Propoſal of a Treaty, are too publickly known to need that I repeat them here. But their Management at the Treaty when they came there, will take up ſome Room in the future Hiſtory of that Affair, and may be briefly hinted at [10] here. The Imperial Court was long er'e they reſolv'd to ſend any Plenipotentiaries at all; the States-General appointed Four Miniſters, tho' as ſome reported they were rather Commiſſioners than Plenipotentiaries or Ambaſſadors, and at length with great Difficulty the Treaty began; Papers of Specific Demands were given in on either Hand, when according to the uſual Method of Treaties it was expected the Conferences among the Plenipotentiaries ſhould have begun, and each Party ſhould have debated their own Pretenſions, when on a ſudden the Imperial and Dutch Plenipotentiaries, or Miniſters, refuſed abſolutely to treat by Conference, but demanded Anſwers in Writing of the French: The French were ſurpriz'd at this Demand, alledging, ‘'That they had given in their Propoſals to the Confederates at firſt, and received the Demands of the Confederates, and they were ready to enter upon the Particulars by Conference, according to the uſual Methods of Treaties: That Anſwers in Writing tended only to prolong Time, and to ſet the whole World making their popular Uſe of them: That ſome of the Confederate Miniſters had made uſe of the former Propoſal to exaſperate the reſt of their Allies, and to irrithe People againſt the French, without entring into the particular Explications which they were ready to make of every [11] Head, and had diſcovered that they came not with a Deſign to carry on a Treaty, but to find an Occaſion to break off the Treaty: That there was no manner of Pretence for demanding more Anſwers in Writing, but to have them Printed in every Country, with ſuch Repreſentations, however falſe, as their Enemies thought fit to make of them, and thereby to animate their People for carrying on their particular Deſigns; that as to a Peace, if it was ſincerely intended, there could be no Occaſion for further writing of Papers or Propoſals, ſince they were all upon the Spot ready to enter into Conference with every Miniſter upon the particular Demands of their Principals, in order to give Satisfaction to every one.'’ Now indeed the other Miniſters had ſome Debates, and the Britiſh Plenipotentiaries, according to the Queen's Real Intention, thought it was moſt reaſonable to avoid Delays, and to bring Things to a Head, that they ſhould enter on the Treaty by Conference; but they were over-ruled, and the Majority inſiſting upon the aforeſaid Demand, (viz.) that the French ſhould give in their Anſwer in Writing to the Demands of the Allies, the Britiſh Miniſters ſubmitted, and the French Miniſters inſiſting on it, and in particular, that they had no Inſtructions on that Head, all the Conferences broke off, and the Treaty ſeem'd to be at a [12] full Stop. Here it was that the Miniſters of ſome of the Allies diſcovered that their Buſineſs at Ʋtrecht was not to Treat, but to put a Stop to the Treaty; and that they laid hold of every Occaſion to interrupt and prevent the Proceedings, much more the Concluſion, of any ſuch Thing as a Treaty of Peace; for the ſaid Miniſters thinking they had effectually gained their Point, did not ſtick to be very open upon this Head: But they have been diſappointed in this Deſign, as they have been in many more, by the Vigilance and Conduct of the Britiſh Miniſters; for Her Majeſty finding this Secret Management of the ſaid Miniſters puſh'd plainly at deſtroying all the Hopes of a Peace by interrupting the Conferences, took Occaſion to let them know ſhe would not be bound Apprentice to the War at the Will and Pleaſure of the Allies, but that ſince all which ſhe was engaged to fight for, and on which as a Foundation the War was begun, being to be obtained by a Peace, the Obligation to carry on the War ceaſed; neither could any Chriſtian Prince juſtifie the carrying on a Deſtructive War, and the Shedding ſo much Blood, if the Reaſonable Satisfaction for which the War was begun might be obtain'd without it.

[13]Upon theſe Juſt and Rational Principles the Queen of Great Britain proceeded to adjuſt with the French the Conditions of Peace which Her Majeſty thought fit to demand for Her own Subjects, with moſt of which the French having complied, there only remains the Satisfaction which Her Majeſty demands for the reſt of Her Allies; and here it is to be remark'd, for the Conviction of ſuch as have reproached the Queen with forſaking her Engagements and Alliances, that albeit Her Majeſty might with good Reaſon have left the Allies to make the beſt Terms they could with France after Her own Terms were adjuſted as above, they having offered to impoſe the War upon Her in a Manner altogether unjuſtifiable, yet Her Majeſty, far from ſuffering Herſelf to be guided by Her Reſentments, however Juſt, has nevertheleſs made the Intereſt of the Allies Her own in every Particular, and has forgotten no Material Demand which ſhe thought fit for them to ask, or France to grant to them, but has inſiſted upon the ſame Demands which the ſaid Confederates had made before, ſo far as Her Majeſty ſaw a Reaſon ſufficient to demand the ſame.

This is the Scheme then of the Treaty of Peace, which is contained in Her Majeſty's Speech to the Parliament, wherein, as there are ſeveral ſurprizing Conceſſions made by France, which it was never thought he would be brought to comply with, on the Part [14] of Great-Britain, and for which the People of Britain have a great Reaſon, not only to Bleſs Her Majeſties Concern for the Good and Proſperity of Her own Subjects and Kingdoms, but alſo to be very glad that the ſaid Peace was not concluded in former Treaties, where it was obſervable that no Proviſion was made for the Commerce or Intereſt of the People of Great-Britain; but all the Intereſt of Britain employed in obtaining Powers and Advantages for the Confederates, and for promoting the Intereſts, and Greatneſs, and Securities, of the Emperor and the States-General, upon Suppoſition that all our Security and Greatneſs was contained in the ſpecial and particular Intereſts of thoſe Powers, without any other Proviſions for our own.

Theſe particular Advantages to Britain now obtain'd by this Treaty appears by a Scheme of a Peace laid by Her Majeſty before Her Parliament, June 6. 1712, in Her late Speech, and are as follows.

  • 1. A Treaty of Commerce entred upon, and brought to this Perfection between Great-Britain and France, viz. that the reſt being referr'd to a farther Regulation, in the mean Time the ſame Priviledges and Advantages as ſhall be granted to any other Nation by France ſhall be granted in like Manner to us. This is more than either was propos'd at the Treaty of the [15] Preliminaries, or was obtain'd by the Treaty of Reſwick, all being left there to a Future Treaty of Commerce, without putting that Treaty into any Method, or making any previous Conditions, as above, for the maintaining the Advantages of Britain equal with other Nations in France.
  • 2. The putting the whole Iſland of Sr. Chriſtophers into the Hands of the Queen of Great-Britain: This is altogether New; nor is the Advantage ſo inconſiderable as not to be very well worth Her Majeſties Concern to demand, and our Satisfaction in obtaining; the Partition of that Iſland between us and the French having not only occaſioned much Dammage and Blood, but at laſt the utter Ruin of the Engliſh Settlement on that Iſland, and of the poor Planters there, by the cruel Devaſtation of the French.
  • 3. The Security and Eaſe of our Colonies in North-America have likewiſe in former Treaties been too much forgotten, the Engliſh Colonies in Hudſon's Bay entirely ruined and poſſeſſed by the French, even in time of Peace; the Newfoundland Trade has been invaded, and almoſt loſt, the French poſſeſſing the Fort of Placentia, and the chief of the Fiſhing, and the ſaid Fort of Placentia not being at all reſtored in any former Treaty, we ſhall now be abſolute Maſters of the Beaver Trade [16] to Hudſon's Bay, and the Newfoundland Fiſhing, and the Colony of New-England, &c. will be more particularly be ſecured and made ſafe, by removing the French from Accadia, Nova Scotia, &c. where they became very troubleſome Neighbours.
  • 4. The Iſland of Minorca in the Mediterranean is a Thing ſo Conſiderable to us as it cannot eaſily be judg'd of till future Occaſions make it better underſtood, not ſo much for the Advantage of Dominion on the Iſland itſelf, tho' that is not inconſiderable, as for the Poſſeſſion of the greateſt and beſt Harbour in the Mediterranean, in which not only the Merchants of Britain will always have Shelter and Protection, but where Her Majeſty's Fleet may on all Occaſions have a Station, a Retreat, a ſafe and commodious Harbour in Caſe of War, eſpecially in Caſe of War with the Algerines, Tripolins, Tuniſeens, and other Rovers of Barbary, whoſe Coaſt is directly oppoſite to the ſaid Iſland of Minorca.
  • 5. The Town and Fortifications of Gibraltar are ſo good an Equivalent for the Loſs of Tangier in former Times, that it is hoped the Remembrance of the laſt may be forgotten in the much greater Advantages of the former, without either the Expence or the Blood that always attended the Poſſeſſion of Tangier, and the Uſefulneſs [17] of poſſeſſing a Road, and a Town in the very Entrance of the Straights, is too well underſtood to need any farther Enquiry about it.
  • 6. The ſecuring to the Britiſh Merchants all the Advantages, Rights and Priviledges, of Trade in Spain, that ſhall be granted to any other Nation: This takes away that General Notion, which was, that a Difference ſhould be made between the Subjects of France, and thoſe of other Nations in Spain, with reſpect to Trade, to the Advantage of the French.
  • 7. The laſt Advantage of Trade we are to obſerve in this New Treaty, is the Aſſiento, or Contract with the Spaniards, for furniſhing the Spaniſh Weſt-Indies with Negroes for Thirty Years; this ſpeaks itſelf, and needs not that I ſhould add any Thing but what is Natural, (viz.) that it is an Encreaſe of Trade to the Britſh Merchants and Traders to Africa of ſuch a Conſequence, that we ſhall, no Queſtion, improve to a very great Degree.

Theſe Seven are Particulars wholly left out or very much neglected in all the former Articles, of whatever Kind, which we have yet ſeen tranſacted with the French; and which at leaſt may afford us this Deduction, viz. that Her Majeſty has been juſt ſo much more concern'd for the Good of Her own [18] Subjects, than ſhe was allow'd to be in the late Adminiſtration.

As to the General Articles relating to the Pretender, the Proteſtant Succeſſion, and the Houſe of Hannover, they ſtand as before.

Come we now to enquire into the General Security, and the Publick Peace and Intereſt of Europe: The Ballance of Power has been always laid down as the Firſt and moſt Eſſential Thing to be provided for, as that on which the Safety of Europe depended and as the only Method which could be found out to prevent the Exorbitant Greatneſs of France, and keep him from Over-running the reſt of Chriſtendom, and to keep up the general Harmony among the reſt of the Powers of Europe. This Ballance of Power was thought to be effectually deſtroyed by the Seizing of the Spaniſh Monarchy into the Hands of a Branch of the Houſe of Bourbon; by which was moſt juſtly apprehended, that in Conſequence of the uſual Methods of the French Government, the Great and Powerful Monarchies of Spain and France ſhould immediately be united in the ſame Perſon, which would be the apparent Ruin of the Peace of Europe. To prevent this Melancholy View of the Publick Affairs of Europe, the other Powers of that Part of Europe principally concerned took Arms, and joined with the Imperial Armies, which were then entred upon Action againſt France, the Emperor [19] having begun the War the Year before. This was called the Grand Alliance, in which the aboveſaid manifeſt Breach of the ſaid Ballance of Power was made the moſt Eſſential Foundation, and the obtaining a ſafe and laſting Peace was made the ultimate End, as is more particularly expreſt in the Preamble to, and Article of, the ſaid Grand Alliance, of which Haec ſunt Verba.

‘'Whereas Charles II. King of Spain, of moſt Glorious Memory, being not long ſince dead without Iſſue, his Sacred Imperial Majeſty has claimed the Succeſſion in the Kingdoms and Provinces of the deceaſed King, as lawfully belonging to his Auguſt Family; but the moſt Chriſtian King aiming at the ſame Succeſſion for his Grandſon, Duke of Anjou; and pretending a Right did accrue to him by a certain Will of the deceaſed King, has uſurped the Poſſeſſion of the intire Inheritance for the aforeſaid Duke of Anjou, and Invaded by his Arms the Provinces of the Spaniſh Low-Countries; and the Dutchy of Milan has a Fleet ready fitted in the Port of Cadiz, has ſent ſeveral Ships of War to the Spaniſh Weſt-Indies, and by this and many other Ways the Kingdoms of Spain and France are ſo cloſely united and cemented, that they may ſeem henceforward not to be otherwiſe conſidered than as [20] one and the ſame Kingdom, ſo that it ſufficiently appears, unleſs timely Care be taken, that his Imperial Majeſty will be deſtitute of all Hopes of ever receiving Satisfaction in his Pretention, the Sacred Roman Empire will loſe its Rights in the Fiefs belonging to it in Italy, and the Spaniſh Netherlands, the free Intercourſe of Navigation and Commerce, which the Engliſh and Dutch have in the Mediterranean, the Indies, and other Places, will be utterly deſtroyed, and the Ʋnited Provinces will be deprived of the Security which they enjoyed by the Provinces of the Spaniſh-Netherlands lying between them and the French, which is commonly called a Barrier. Laſtly, that the French and Spaniards being thus united, will in a ſhort Time become ſo formidable to all, that they may eaſily aſſume to them the Dominion over all Europe, and therefore by this Way of Proceeding of the moſt Chriſtian King, his Imperial Majeſty was brought under a Neceſſity of ſending an Army, for the Preſervation as well of his own Intereſt as the Fiefs of the Empire. The King of Great-Britain has thought it requiſite to ſend his Forces to the Aſſiſtance of the States-General, whoſe Affairs are in the ſame Condition as if they were actually Invaded; and the States, whoſe Frontiers lye as it were in a manner expoſed on all Sides, by the breaking [21] and taking away of that, ſince commonly called a Barrier, which ſcreened them from the Neighbourhood of the French, are forced to do all theſe Things for the Safety of the Commonwealth, which they ſhould, and could do, if they were in a War; and whereas ſo dubious a Poſture of their Affairs is more dangerous than a War itſelf, and that France and Spain take Advantage of this State of their Affairs to make a ſtronger and firmer Union among themſelves, for oppreſſing the Liberty of Europe, and taking away the Freedom of Commerce; theſe Reaſons induced his Sacred Imperial Majeſty, his Sacred Royal Majeſty of Great-Britain, and the High and Mighty Lords the States-General of the Ʋnited-Provinces, to obviate ſo great Evils as might riſe from thence, and deſiring as much as lyes in their Power to apply Remedies thereto, have thought a ſtrict Conjunction and Alliance between themſelves neceſſary for repelling the Greatneſs of the common Danger.'’

This Ballance of Power being then the Foundation of the War, it follows to enquire, what were the Steps taken by each Party to preſerve the ſame, in the Proſecution of the War. And for this we ſhall find the Method taken in the Beginning was to allot to each Power ſuch Shares as [22] the whole thought fit and proper for them to enjoy, and to cauſe them to enjoy, and to cauſe them to acknowledge themſelves ſatisfied with the ſame, and ſolemnly to renounce any Claim to the other Parts, which they may have other Rights unto; this will appear in the Two ſeveral Treaties of Partition, the firſt made by the late King William, and the States-General, with the King of France, in Favour of the Electoral Prince of Bavaria, deceaſed, and the latter in Favour of the then Arch-duke, Charles, ſince become King of Spain, and now Emperor; from whence it appears, that however ſome Complaints may have been made of the French King's little Regard to the Renunciation of the Pyrenees, that yet not King William only, but the States-General, and other Princes of Europe, did find it convenient, and think it ſufficicient to depend upon ſuch Solemn Renunciations, as ſufficient Securities, together with the other Proviſions of thoſe Treaties, againſt the future Attempts, as well of France, as of other Powers concerned in thoſe Treaties. This is expreſſed more plainly in the ſaid Treaties of Partition, thus.

‘'On the Account of which ſaid Kingdoms, Iſlands, Provinces, Places, the ſaid moſt Chriſtian King, as well in his own, as in the Name of Monſeigneur the [23] Dauphin, his Male Children, or &c. who hath alſo given his full Power to the Count de Tallard, and to the Count de Briord, Promiſing and Engaging themſelves to renounce at the opening of the ſaid Succeſſion of Spain, as in this Caſe they have at this Time renounced by theſe Preſents, all their Rights and Pretenſions to the ſaid Crown of Spain, and to all the other Kingdoms, Iſlands, States, Lands and Places, which at this Time depend thereupon, except what is above excepted for his Part, all which they ſhall confirm by Solemn Acts, in the moſt Authentick and beſt Form.'’

And again, on the contrary Part of the ſame Treaty, where you have the following Words.

‘'And the ſaid Emperor, as well in his own Names, as in that of the King of the Romans, the moſt Serene Arch-duke Charles, his Second Son, the Arch-dutcheſs his Daughters, his Children Male, &c. or their Iſſue: As alſo the ſaid King of the Romans, in his own Name, ſhall renounce, when they ſhall enter into, and ratifie the Preſent Treaty; and the moſt Serene Arch-duke Charles, as ſoon as he ſhall be of Age, all other Rights and Pretenſions to the ſaid Kingdoms, Iſlands, States, Lands and Places which compoſe [24] the Share or Portion aſſign'd to Monſeigneur the Dauphin, and of him who ſhall have the Dutchy of Milan, in Exchange of what ſhall be given to Monſeigneur the Dauphin, of all which they ſhall cauſe the moſt Solemn and Authentick Acts to be made that may be; that is to ſay, the Emperor, and the King of the Romans, when they ſhall ratifie this Preſent Treaty of the moſt Serene Arch-Duke, as ſoon as he ſhall come of Age, which ſhall be delivered to his Britannick Majeſty, and the ſaid States-General.'’

By theſe Articles it appears, that notwithſtanding all the Pretenſions made againſt the King of France for the Breaches made by him of ſuch former Treaties, and the pretended Inſufficiency of ſuch Acts of Renunciation, to bind the King of France where his Intereſt interferes therewith, yet that the ſaid late King William, the States-General, as well as the other Proteſtant Powers of Europe, either did think ſuch Renunciations ſufficient, or found no other Way Practicable to bind the ſaid Princes and Powers than ſuch Renunciations, and that therefore they were not the leſs to be made Uſe of, or had Recourſe to, on ſuch Occaſions, however the King of France might have diſregarded the former Renunciations of the Pyrenees.

[25]The Queen of Great-Britain having then found it neceſſary in the Proſecution of this War to hearken to ſuch Propoſals of Peace as have been made on the Part of France, in order to put an End to this Bloody and Tedious War, it cannot ſeem ſo ſtrange a Thing as ſome People would imagine, or perſwade us, that Her Majeſty ſhould lay ſome Streſs on the Validity of a Formal Renunciation on the Part of the Duke of Anjou, as it reſpects the Claim the ſaid Duke of Anjou has, or may have, in caſe of the Demiſe of the preſent Dauphin of France to the Dominions of his Grandfather, the preſent King of France.

Having then proved the Reaſonableneſs of continuing the ſaid Form in Treaties of Peace, I ſhall now examine what Difference there appears between the ſaid former Renunciations of the King of France, and the preſent Renunciation propoſed, and wherein the Security of this preſent Renunciation conſiſts: In Order to this it ſeems neceſſary to look back into the Nature and Reaſon of the Propoſals of Peace: It is known, as above, that the Breach of the ſaid Ballance of Power in Europe conſiſted in the Conjunction of the Intereſts and Powers of the reſpective Monarchies of France and Spain; it is confeſt it were to have been wiſh'd on this Account that it had pleaſed God, that either the Electoral [26] Prince of Bavaria, to whom Spain was allotted by the firſt Treaty of Partition mentioned above, or the Late Emperor Joſeph had not died without Heirs; ſo as that the Poſſeſſion of the Imperal Dignity, or the Dominions of the Houſe of Auſtria, had not deſcended to the Perſon of the preſent Emperor. But theſe Events having fallen in, and it being impoſſible to prevent the Conſequences attending, the Caſe muſt therefore be conſidered as it is, not as it were wiſhed to have been. The King of France, and the Emperor of Germany, are the only Competitors for the Spaniſh Monarchy. There is no room to doubt but the Ballance of Power is entirely broken, whichſoever of theſe Two we to poſſeſs the whole of this new Prize. So that it ſeems neceſſary to the Peace of Europe that ſome Medium be found out to adjuſt this Matter.

It is not the preſent Work to offer Mediums, but to conſider the Validity of thoſe already offered: Her Majeſty has, in Her Speech to the Parliament, given in a Scheme, on which this great Work is to be, or may be founded; and has added, under Her own Royal Authority, that by this Scheme the Three greateſt Things in the preſent Diſputes about Peace are provided for, viz.

  • 1. That France and Spain are more effectually divided than ever.
  • [27]2. That a real Ballance of Power will be fixed in Europe, liable to as few Accidents as Human Affairs can be exempted from.
  • 3. That the Nature of the Propoſal is ſuch, that it executes itſelf.

Theſe Articles ſeem to be thus explained,

  • 1. That France and Spain are more effectually divided than ever; that is, that the Duke of Berry being declared next Heir in Caſe of the Death of the Dauphin without Heirs, France will be Embark'd by him, (he being in immediate Poſſeſſion) againſt Spain, which may be ſuppoſed to aſſiſt King Philip, and that the Duke of Berry will not fail to defend his own Pretenſions; this ſeems to be founded upon ſo good Authority, that if he ſhould be ſuppoſed to give it up, he muſt act againſt Reaſon and Nature.
  • 2. That a real Ballance of Power will be fixed in Europe, liable to as few Accidents as Human Affairs can be exempted from. This is built on the Suppoſition of the reſpective, Parties being divided, as above; the Conſequence of which may be, that they will be ever fortifying their Intereſt with Friends and Confederates, Leagues and Treaties one againſt the other, (viz.) the Houſe of Auſtria will not fail to be ſtrictly Allied to, and in the Intereſt of the King of Spain, as ever; in ſo far as the Alliance reſpects France, becauſe of the View that Houſe will have to [28] their own Claim of the Crown, which is for ever to be excluded from the Houſe of Bourbon after the Failure of the Heirs of King Philip.
  • 3. That the Nature of the Propoſal is ſuch, that it executes itſelf; this is the juſt Inference from the other Two, ſignifying, that, as before, the Succeſſors of the King of France, in Failure of the Dauphin, will naturally ſtand up againſt Philip, and inſiſt upon the Renunciation made at this Treaty, and will therefore exclude him from any Pretenſions with all their Power. The Confederates will naturally, and for the ſame Reaſons which induced them to commence, and carry on this War, fall in, and join themſelves to the ſaid Sons of France, to keep out the King of Spain, and prevent his ſucceeding, from that one received Maxim, which I mentioned at the firſt of this Work, viz. that it is inconſiſtent with the Safety and Peace of Europe, that the Monarchies of France and Spain ſhould be poſſeſſed by the ſame Perſon; and on the other Hand, Spain itſelf will unwillingly Succour or Further the Pretenſions of their Kings, as what is ſeveral Ways againſt their Intereſt, and would reduce their Country to be but a Dependent on, and as a Province to the Kingdom of France.

[29]To come a little into the Senſe of theſe Things, it ſeems neceſſary to obſerve here, 1. That the effectually eſtabliſhing a Ballance of Power in Europe, is the real End and Deſign of this War; all the Declarations, all the Publick Papers, all the Arguments on both Sides, are full of this; both the Treaties of Partition, the Renunciation at the Pyrencan Treaty, the ſetting up King Charles, the oppoſing the Poſſeſſion of King Philip; all theſe are founded on this Notion, that the Safety of Europe conſiſts in maintaining an equal Ballance of Power among the ſeveral Princes and States concerned in this War. 2. That the effectual dividing of the Intereſts of Spain and France, is the only effectual Method for preſerving this Ballance of Power. And then it will come to be enquired, 3. Whether the preſent Scheme of Philip's Renunciation be an effectual dividing the Intereſts of Spain and France, yea or no.

1. That the effectual eſtabliſhing a Ballance of Power in Europe, is the real End and Deſign of the War; Her Majeſties Declaration of War, and the Declarations of the Princes and Powers now engaged in this War, together with the Grand Alliance among the Confederates, will all teſtifie in Defence of this Propoſition; and to them I refer my Reader, wherein the Liberty of Europe, the Publick Tranquility, the Ballance of Europe, are Terms uſed to [30] ſignifie the ſame Thing, and are all along made Uſe of as the Reaſons of the War, as in Her Majeſties Declaration of War, May 4. 1702, and likewiſe, in the Declaration or Manifeſto of the States-General, May 8. 1702.

Many the like might be produced, to prove, if it were needful, that theſe were the true Grounds of the War, but this being ſufficient, I paſs to the next Head, viz. 2 That effectual dividing the Intereſt of France and Spain, is the only way to preſerve or reſtore the Ballance of Power in Europe. This alſo is as evident from the Courſe of the whole War; the ſetting up King Charles as King of Spain had no other Foundation, for he had at that Time no Pretence to Claim the Crown of Spain, his Elder Brother being alive, and having Children to ſucceed; but the Crown of Spain was allotted to him on this very Foundation, that the Monarchy of France might have nothing to do with the Dominions of Spain, in all the Treaties that have been ſet on Foot on every Hand, for the putting an End to the War; this has been the Foundation of all the reſt, (viz.) that the Kingdoms of France and Spain might not come into the Poſſeſſion of the ſame Prince. Nay, the King of France himſelf has acknowledged it to be a juſt Foundation, and has made it the Foot upon which he has always made his Propoſals of Peace, as is apparent from the [31] late Propoſals, called the Six Preliminaries, wherein he owns, in expreſs Terms, that it is not ſafe for Europe that France and Spain ſhould come to be Governed by the ſame Perſon, at the ſame Time, and therefore propoſes to give ſufficient Security to the Allies that ſuch a Thing ſhould never happen. This Maxim is deduced from the former, (viz.) the preſerving the Ballance of Power in Europe, and is the main Point for which this Bloody War has been ſo long carried on.

But all the Schemes for bringing this to paſs have hitherto proved ineffectual, the War hath proved tedious and tireſome, and the Nations have been exhauſted to ſuch a Degree by it, that the Subjects on every Side call for Peace; the French, tho' puſhed with great Succeſs, and with infinite Loſſes every Year, yet loſe their Ground by Inches; Twice they have beaten the Confederates out of Spain, although they had poſſeſſed even the Capital City, and the Principal Provinces, and they ſtill appear in a Formidable Poſture on the Frontiers; ſo that it ſeems to be ſtill the Work of many Years to Reduce them. On the other Hand, the ſeveral Offers France has made of evacuating Spain, has been look'd upon as unſafe, or inſincere. But Providence having removed the Princes of the Houſe of Bourbon on the one Hand, and brought King Charles to the Imperial Dignity on the [32] other, by which it appears, that the ſame Reaſons for ſettling the Crown of Spain on his Head doth not exiſt as before; and that it might be equally dangerous to Europe to make one and the ſame Perſon Emperor, and King of Spain, as King of France and Spain; the ſaid Ballance of Europe being thereby deſtroyed as much the one Way as the other; this being the Caſe a new Expedient offers, (viz) to make a new Eſtabliſhment, or Entail, of the ſeveral Crowns of France and Spain; ſo that the Intereſts of ſeveral Princes might be rendered Incompatible, and that it might appear divided in thoſe Intereſts; ſo that it being naturally impoſſible for them to agree as to Soveraignity, the Peace of Europe might be ſecured as the Conſequence.

To bring this to paſs, mutual Renunciations have been alſo needful; but as theſe Things called Renunciations have ſuffered ſome Scandal in the Eyes of the Confederates, it might be expected the Oppoſers of Peace would immediately object againſt the very Word itſelf as unſatisfactory. But conſidering Men always diſtinguiſh of Matters in order to judge rightly; and in doing this it will appear, that as in Her Majeſties Speech it is obſerved, this Treaty executes itſelf; ſo that the Validity of this Article does not ſo much conſiſt in the Validity of the Renunciation, as the Validity of the Renunciation depends upon the Nature of the [33] Thing; for Example, ſuppoſing the Crown of France falls, as may be ſaid, by Deſcent to the preſent Philip, the Duke of Berry being declared Dauphin by Virtue of this Treaty, and being immediately in Poſſeſſion of the Crown of France, no Man can think ſo abſurdly as to ſuppoſe he will demit to his Brother Philip, who alſo has given up his Right. Nor can any Man ſuggeſt that Philip can force him to it, after he is in Poſſeſſion; for it will always be allowed, that there will be a great Difference between a King of Spain renouncing France, and a King of France renouncing Spain, as to the Power of forcing their Pretenſions. This then being the Caſe here, there remains no more Difficulty, but that the Circumſtances of the Two Perſons will effectually divide the Kingdoms; for if the Duke of Berry, who is the younger Brother, keeps the Crown of France, not the Houſe of Auſtria, would be more inconſiſtent with his Intereſt, than his Brother Philip, who cannot but with Regret ſee him eſtabliſhed on a Throne, which was his Birthright, and which he had, with Eſau, given up for a Meſs of Spaniſh Pottage.

The Renunciation, join'd with Want of Power, has double Efficacy in this Caſe; and I ſee nothing remaining to doubt the Duke of Berry being able to maintain himſelf againſt Philip, unleſs we ſhould ſuppoſe a Faction in France to Favour King Philip, which conſidering the abſolute Dominions of the Kings of France is alſo not very probable; but if this ſhould happen, then are all the Confederates engaged as Allies to the Duke of Berry to ſupport him in his Claim, and ſo France, Britain, Holland, and the Empire, are in Confederacy againſt Spain; which is ſuch a wild Diſproportion, that the Danger cannot be thought ſufficient to any wiſe Man to make the leaſt Uneaſineſs in our Minds. On the other Hand, if the preſent Dauphin lives, and ſhould have Children, as may very probably happen, then the whole Chimera vaniſhes at once, and the Renunciation may never come to take Place; or if it do, it may be ſo many Ages hence, that no Man can ſo much as ſuggeſt what the Circumſtances [34] of that Time may be, or make any Proviſion againſt it. Be [...] then, that either of theſe Caſes are the preſent State of Europe, as one of them muſt be, what rational Doubt can any Man ſtart in the preſent Caſe, why this is not a ſufficient Security to Europe, againſt the Fear of uniting the Kingdoms of France and Spain; ſince to argue againſt it muſt be to argue againſt Human Nature? And ſuppoſe the young Duke of Berry, who is a Prince of as much Fire as moſt Men in Europe, ſhould tamely and quietly give up his Claim to the Crown of France; and that too, after he is in Poſſeſſion of it, and quit it to his Brother, who has been expung'd by his own voluntary Act and Deed; and by a Formal Renunciation, which is made Legal, and accepted in all the moſt effectual and ſtrongeſt Terms in the French Conſtitution, and all this to be done by the ſtrongeſt Prince to the weakeſt by the Prince; who hath Power in his Hands to keep Poſſeſſion to that Prince, who hath no Power forcibly to diſpoſſeſs him.

Theſe are Abſurdities neceſſary only to a baffled Argument, and which none but the weakeſt People in the World would lay any Weight upon, and ſerve only to confirm any reaſonable Perſon in the Validity of this Renunciation, and in the Truth of what Her Majeſty has laid down in theſe Three Heads.

  • 1. That the Ballance of Power is ſecured.
  • 2. That the Kingdoms of France and Spain are divided effectually.
  • 3. That the Nature of the Treaty is ſuch, that it executes itſelf.
FINIS.
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TextGrid Repository (2020). TEI. 4337 The validity of the renunciations of former powers enquired into and the present renuncniation of the Duke of Anjou impartially considered With a preface relating to the guarantee for the Protest. University of Oxford Text Archive. . https://hdl.handle.net/21.T11991/0000-001A-58A5-7