1712. ❝tiation of Utrecht, they would do well to examine into thofe of the Hague and Gertruydenberg; upon which keep their ground. Other at- <he ly it was imprudent and dangerous to rely on the promises of France, which were fo far from being any fecurity, that even a peace would not be fafe in their opinion, unlefs it be fuch, as gave fo full fatisfaction to the allies, that they fhould be willing to join with us in a mutual guaranty of it. 2. That they conceived it would be derogatory to her majefty's honour, to public faith, and that juftice, which was due to her allies; and that it was a That her majefty having with fort of impofing upon our allies a great wisdom declared to this par ceffation of arms, without their liament,' that the best means of confent, and in the most prejudi- obtaining a good peace was to cial manner, because they were make early preparations for not fo much as acquainted with war, and a vigorous profecuit, and fo might have been ledtion of it:' And fince the into great dificulties: befides, that it fruftrates all effential advantages against the common enemy, which might be of fatal confequence to this nation and all Europe. 3. Because it was acknowledged, that a general peace was not concluded, as indeed it was very unlikely it should, there having been no anfwers in writing given by the French to the fpecific demands of the allies, though the fame were delivered to the French three months ago. And it was further declared, That there was no feparate peace; nay that fuch a peace would be foolish, knavish, and villainous.' And therefore, while we were in war, and having no fecurity of a peace, their lordships conceived, that fuch an order of reftraint was a plain neglect of all thofe happy opportunities, which providence might, and lately did put into our hands, of fubduing our enemy, and forcing him to a just and honourable peace. And fure par liament had, with great duty and deference to her majefty, and a juft zeal for the interefts of their country, and of Europe, given very great fupplies for that pur pofe; their lordships conceived, that fuch an order of restraint, being very different from that declaration of her majesty, must be the effect of very ill advice; by which the parliament's good intentions would be defeated, and all thofe heavy loads of taxes, which they have for fo good purposes chear fully given, rendered fruitless and unnecefiary, and might, in conclufion, after having thus trified away our wealth and time, bring us into a neceffity of accepting fuch a peace, as it should pleafe an infolent and domineering ene my to give us. This proteit was published likewife abroad in French and other languages; and the peers, who figned it, were the dukes of Devonshire, Marlborough, Rutland, Bolton, Mountague, and Somerfet; the marquis of Dorchefter; the he would communicate to them two obfervations he had "made during his refidence in Holland: First, that, at the Hague, the French minifters conferred only with the penfionary, who, having made his report to the ftates-general, communicated no more of it to the minifters of the allies, than what was judged proper to let them know; fo *that the Dutch were abfolute mafters of the fecret of that negotiation, as they were afterwards of that of Gertruydenberg (b). Secondly, that the states-general had confented to give Naples and Sicily to king Philip; which "shewed, even at that time, that the recovery of the whole "monarchy of Spain was looked upon as impracticable.” He faid, he had his information from one of the two, who had been employed in thofe conferences; by which it was plain, that he meant Buys. He concluded with a motion for addreffing her majefty, "That she would be pleased to cause the papers relating to the negotiations of the Hague "and Gertruydenberg to be laid before the houfe;" which was carried without dividing. But nothing followed upon this; for it was faid to be defigned only to amuse the house. 1712. The fame day the lords were on this debate, there was Debate on another on the fame subject in the house of commons, where the fame Mr. Pulteney moved, "That an addrefs be prefented to her fubject in the house of majefty, to acquaint her, that her faithful commons were commons. "juftly alarmed at the intelligences received from abroad, Pr. H. C, that her general in Flanders had declined to act offenfively against France, in concurrence with her allies. And be❝ing under the deepest concern for the dangerous confequences, which muft arife from thence to the common caufe, they befought her majefty, that fpeedy inftructions might be given to her general, to profecute the war with "the utmost vigour, in conjunction with her allies, as the the earls of Wharton, Derby, Nottingham, Bridgewater, Godolphin, Carlile, Orford, and Scarborough; the lord viscount Townshend; the lords bishops of Oxford, Sarum, Bangor, and St. Afaph; and the lords Rockingham, Cowper, Haverfham, Mohun, and Halifax. (b) The lord Townshend had informed the houfe, that thofe who treated with the French at Gertruydenberg, did, at their re- Kk 2 bef 1712. May 30. ons about "best means to obtain a safe and honourable peace for her While the difputes, that had been raised at Utrecht, were Negotiati induftriously kept on foot, the negotiations were carrying on the renunci- directly between England and France; and the two great ation and points upon the anvil were the renunciation of the Spanish ceffation of monarchy, and the ceffation of arms, arms, The first mention, made of the renunciation in order to be treated of, is found in a memorial dated March 28, 1712, intitled, The Answer to the Memorial brought by Mr. Gaultier the 23d of March 1711-12. This memorial, which was received in France the 23d of March, was fuppressed, but the contents of it may in great meafure be collected from the anfwer that was given to it. As the general propofal, that the crowns of France and Spain fhould never be united, arofe firft from England, and was made an article in the private propofitions fent over by Mr. Prior; fo the expedient for preventing that union, namely, a renunciation, was also first propofed by England (c). In the answer to Gaultier's memorial, Torcy declares in the ftrongeft terms, "That the "renunciation defired would be null and invalid by the fun"damental laws of France, according to which the nearest "prince to the crown is of neceffity the heir thereto. It is "an inheritance, that he receives neither from the king his "predeceffor, nor from the people, but from the benefit of the law; fo that, when one king dies, the other fucceeds "him forthwith, without afking the confent of any perfon whatsoever. He fucceeds not as heir, but as the mafter of the kingdom, the feignory whereof belongs unto him, "not by choice, but by right of birth only. He is not be"holden for his crown either to the will of his predeceffor, "or to any edict, nor to any decree, nor to the liberality of any perfon, but to the law. This law is looked upon as the work of him, who hath established all monarchies; and we are perfuaded in France, that God only 66 can abolifh it. No renunciation therefore can destroy it; and, if the king of Spain fhould renounce for the fake of peace, and in obedience to the king his grandfather, they "would deceive themselves, who received it as a fufficient expedient to prevent the mischief we propose to avoid." He then gives an account of the difpofition made of the fuc ceffion to the crown of Spain by king Philip, and registered in the councils of Spain; which difpofition he proposed might be confirmed by the prefent treaty of peace, and ratified by the Cortes or ftates of the kingdom of Spain. Mr. St. John in his answer rejected this proposal, and not at all convinced by what Torcy had fo ftrongly urged, concerning the nullity of the renunciation, infifted still upon it. "We "are ready," fays he, "to believe you are perfuaded in (c) It is obferved here, in the report of the committee of fecrecy in 1715, The fenfe of France and Spain upon that important article was not known, nor fo much as asked, although in every ftep France had given plain indications, that the crown of Spain was to remain to king Philip. And it is furprizing, that the British miniftry had gone fuch lengths in promoting the meafures of France, without taking the leaft precaution, or having any fatisfaction concerning the monarchy of Spain, wherein the interelt of Great Britain was, by their own confeffion, more immediately concerned, than in all their other articles of peace. Kk3 France, 1712. 1712. France, that God alone can abolish that law, upon which your right of fucceffion is founded; but you will give us leave to be perfuaded in Great-Britain, that a prince may "depart from his right by a voluntary ceffion; and that he, in favour of whom that renunciation is made, may be justly supported in his pretenfions by the powers, that "become guarantees of the treaty. In fhort, fir, the queen "command's me to tell you, that this article is of so great "confequence, as well for herself as the reft of Europe, "for this prefent age as for pofterity, that he will never agree to continue the negotiations of peace, unless the "expedient fhe has propofed be accepted, or fome other e"qually folid." Torcy, in his answer to this letter, begins to think it not impoffible to find an expedient, to settle this grand affair; and proposes, that, when the king of Spain fhall become either immediate fucceffor, or prefumptive heir to the crown of France, he fhall then declare the choice he intends to make; either to maintain his right to the crown of France, or to keep that of Spain: that king Philip fhall become party to the treaty, wherein the fucceffion to the two crowns fhall be likewife fettled; and that all the powers of Europe fhall enter into an engagement with France to maintain it. Mr. St. John reafons against this propofal, and infists, that no expedient can effectually fecure Europe from the dangers, wherewith it is threatened by the union of the two monarchies, unless the prince, who is at prefent in poffeffion of Spain, makes his choice at this very inftant; and, upon a fuppofition, that the crown of Spain would be his choice, that this declaration fhould be made during the congrefs at Utrecht. Torcy, feeming always to comply with what was defired, agrees, that the catholic king must calm the uneafiness of Europe, in declaring, from the present time, what part he will take, if ever the fucceffion of France is open in his favour. That the inconveniencies arising from hence muft fubmit to the public good. Thus, fir, (fays "Torcy to Mr. St. John) the king, approving your propofiti"on,dispatches a courier to Spain, and writes to the king his "grandfon, to let him know the neceffity of refolving on "the choice he fhall make, and to declare it, to the end it 66 may be inserted in the treaty of the general peace, and "be made a condition of it, whereof all Europe fhall be "guaranty." And he promises to use all poffible means, even force, if it were neceffary, to make the king of Spain agree to it. He hopes this propofition will, in a great meafure, remove all difficulties; and, as they must expect new ob |