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tiation of Utrecht, they would do well to examine into in" those of the Hague and Gertruydenberg; upon which

1712.

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war,

Europe.

keep their ground. Other at ly it was imprudent and dangerous tempts seemed to be of little ule, to rely on the promises of France, bui might serve to give the which were so far from being any French time, which they did not security, that even a peace would want skill to improve.

not be safe in their opinion, un2. That they conceived it less it be such, as gave so full fawould be derogatory to her ma tisfaction to the allies, that they jelty's honour, to public faith, should be willing to join with us and that justice, which was due in a mutual guaranty of it. to her allies; and that it was a That her majesty having with fort of imposing upon our allies a great wisdom declared to this par ceffation of arms, without their liament, that the best means of consent, and in the most prejudi- ! obtaining a good peace was to cial manner, because they were • make early preparations for not so much as acquainted with

and

a vigorous profecuit, and so might have been led • tion of įt: And since the parinto great difficulties : besides, liament had, with great duty and that it frustrates all effential ad deference to her majesty, and vantages againft the common e. just zeal for the intereits of their nemy, which might be of fatal country, and of Europe, given consequence to this nation and all

very great supplies for that pur

pofe; their lordships conceived, 3. Because it was acknowledg that such an order of restraint, beed, that a general peace was not ing very different from that declaconcluded, as indeed it was very ration of her majesty, must be the unlikely it should, there having effect of very ill advice; by which been no answers in writing given the parliament's good intentions by the French to the specific de- would be defeated, and all those mands of the allies, though the heavy loads of taxes, which they fame were delivered to the French have for so good purposes chearthree months ago. And it was fully given, rendered fruitless and further declared, “That there unnecefiary, ard might, in con

was no separate peace; nay that clusion, afier having thus trified & such a peace would be foolish, away our wealth and time, bring

knavish, and villainous.' And us into a neceffity of accepting therefore, while we were in war, such a peace, as it should pleate and having no security of a peace, an infolent and domineering ene: their lordships conceived, that my to give os. such an order of restraint was a This proteit was published likeplain neglect of all those happy wise abroad in French and other opportunities, which providence languages; and the peers, wha might, and lately did

put

into figned it, were the dukes of Deour hands, of fubduing our ene vonshire, Marlborough, Rutland, my, and forcing him to a juit Bolton, Mountague, and Somerand honourable peace. And fure: fet ; the marquis of Dorchester ;

Met he would communicate to them two observations he had 1712. " made during his residence in Holland : First, that, at the “ Hague, the French ministers conferred only with the pen: & fionary, who, having made his report to the states-gene66 ral, communicated no more of it to the ministers of the " allies, than what was judged proper to let them know; so *s that the Dutch were absolute masters of the secret of that ac negotiation, as they were afterwards of that of Gertruy

denberg (b). Secondly, that the states-general had conis fented to give Naples and Sicily to king Philip; which " Thewed, even at that time, that the recovery of the whole “ monarchy of Spain was looked upon as impracticable.” He said, he had his information from one of the two, who had been employed in those conferences ; by which it was plain, that he meant Buys. He concluded with a motion for addresling her majesty, “ That she would be pleased to “ cause the papers relating to the negotiations of the Hague « and Gertruydenberg to be laid before the house;" which was carried without dividing. But nothing followed upon this ; for it was said to be designed only to amuse the house.

The same day the lords were on this debate, there was Debate on another on the same subject in the house of commons, where the fame Mr. Pulteney moved, " That an address be presented to her

subject in

the house of majesty, to acquaint her, that her faithful cominons were commons.

justly alarmed at the intelligences received from abroad, Pr. H. C, " that her general in Flanders had declined to act offensively " against France, in concurrence with her allies. And be" ing under the deepest concern for the dangerous conse

quences, which muft arise from thence to the common "s cause, they besought her majesty, that speedy instructions might be given to her general, to prosecute the war with " the utmost vigour, in conjunction with her allies, as the

the earls of Wharton, Derby, Gertruydenberg, did, at their reNottingham, Bridgewater, Go- turn, give an account of their nedolphin, Carlisle, Orford, and gotiation to the ministers of the Scarborough; the lord viscount allies, in the pensioner's presence, Townshend; the lords bishops of before they reported it to the Oxford, Sarum, Bangor, and St. itates themselves : but upon this, Afaph ; and the lords Rocking- the earl of Strafford said, they ham, Cowper, Haversham, Mo- had been first secretly with the hun, and Halifax.

penfioner, who directed them (b) The lord Townshend had both what to say, and what to informed the house, that those fuppress. Burnet, Vol. II. 607. Whọ treated with the French at

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1712. " best means to obtain a safe and honourable peace for her w “ majesty, and all of them, and to quiet the minds of the

" people, who could not but be extremely apprehensive of " the fatal consequence of such a division.” Upon this motion, Mr. St. John gave the commons much the same asfurances the treasurer had given the lords; and in answer to what was suggested by a member, “ That the prefent ne“ gotiation had been carried on in a clandestine and trea“ cherous manner,” he said, “ He hoped, it would not be « accounted treachery to act for the good and advantage of - Great-Britain: that he gloried in the small thare he had cs in this negotiation; and, whatever censure he might un" dergo for it, the bare satisfaction of acting in that view « would be a suficient recompence and comfort to him all s his life-time.” After some other speeches on both sides, Mr. Pulteney's motion was rejected by a majority of two hundred and three voices against seventy-three; and it was resolved, “ 'That the commons had an intire confidence in “ her majesty's promise to communicate to her parliament " the terms of the peace, before the same should be con. “ cluded; and that they would support her against all such

“persons, either at home or abroad, who should endeavour May go.

“ to obstruct it.” This resolution having been laid before the queen by the whole house, “ her majesty thanked the Commons most heartily for it, as being dutiful to her,

nest to their country, and very seasonable at this time, 66 when so many artifices were used to obstruct a good peace,

or to force one disadvantageous to Britain.” On the fecond of June they also resolved, in imitation of the lords, to address the queen, “ for an account of the negotiations and 66 transactions at the Hague and Gertruydenberg, and who “ were then employed as her majesty's plenipotentiaries.

While the disputes, that had been raised at Utrecht, were Negotiatio industriously kept on foot, the negotiations were carrying on the renunci- directly between England and France; and the two great

points upon the anvil were the renunciation of the Spanish monarchy, and the cessation of 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 suppressed, but the contents of it

may great measure be collected from the answer that was given to it. As the general proposal, that the crowns of France and Spain should never be united, arole

first,

ation and ceflation of ums,

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first from England, and was made an article in the private 1712.
propositions sent over by Mr. Prior ; so the expedient for pre- mod
venting that union, namely, a renunciation, was also first
proposed by England (c). In the answer to Gaultier’s me-
morial, Torcy declares in the strongest terms, " That the
" renunciation desired would be null and invalid by the fun-
“ damental laws of France, according to which the nearest
“ prince to the crown is of neceflity 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; so that, when one king dies, the other succeeds
« him forthwith, without asking the consent of any person
6 whatsoever. He succeeds not as heir, but as the master
“ of the kingdom, the seignory 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 predecessors
“ or to any edict, nor to any decree, nor to the liberality
" of any person, but to the law.

This law is looked up-
on as the work of him, who hath established all ino-
“narchies; and we are persuaded in France, that God only

abolish it. No renunciation therefore can destroy it; as and, if the king of Spain should renounce for the sake of “ peace, and in obedience to the king his grandfather, they t would deceive themselves, who received it as a sufficient « expedient to prevent the mischief we propose to avoid." He then gives an account of the disposition made of the succeflion to the crown of Spain by king Philip, and registered in the councils of Spain ; which disposition he proposed might be confirmed by the present treaty of peace, and ratified by the Cortes or states of the kingdom of Spain. Mr. St. John in his answer rejected this proposal, and not at all convinced by what Torcy had so strongly urged, concerning the nullity of the renunciation, insisted still upon it.“ We

are ready,” says he, “ to believe you are persuaded in

(c) It is observed here, in the British ministry had gone such report of the committee of fecre- lengths in promoting the meaсу

The sense of France sures of France, without taking and Spain upon that important the least precaution, or having article was not known, nor so any satisfaction concerning the much as asked, although in every monarchy of Spain, wherein the ftep France had given plain indi interest of Great Britain was, by cations, that the crown of Spain their own confeffion, more imwas to remain to king Philip. mediately concerned, than in all And it is surprizing, that the their other articles of peace.

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T H E H 1 S T b B Ý 1712. " France, that God alone can abolish that law, upon

vehich Cru your right of succession 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
che, in favour of whom that renunciation is made, may
“ be justly supported in his pretensions by the powers, that
“ become guarantees of the treaty. In fhort, fir, the queen
« commands me to tell you, that this article is of so great
“ confequence, as well for herself as the rest of Europe,
“ for this present age as for posterity, that the will never
« agree to continue the negotiations of peace, unless the
“ expedient she has proposed be accepted, or some other e-
“ qually solid.” Torcy, in his answer to this letter, begins
to think it not impossible to find an expedient, to settle this
grand affair ; and proposes, that, when the king of Spain
Thall become either immediate successor, or presumptive heir
to the crown of France, he shall 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 shall become
party to the treaty, wherein the succession to the two crowns
thall be likewise fettled; and that all the powers of Europe
shall enter into an engagement with France to maintain it,
Mr. St. John reasons against this proposal, and infists, that
no expedient can effectually secure Europe from the dangers,
wherewith it is threatened by the union of the two mo-
narchies, unless the prince, who is at present 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 should be made during the congress
at Utrecht. Torcy, seeming always to comply with what
was desired, agrees, that the catholic king must calm the
nneafiness of Europe, in declaring, from the present time,
what part he will take, if ever the succession of France is
open in his favour. That the inconveniencies arising froró
hence must submit to the public good. “Thus, fir, (says
“ Torcy to Mr. St. John) the king, approving your propofiti-
“ on, dispatches a courier to Spain, and writes to the king his
“ grandson, to let him know the neceflity of resolving on
o the choice he shall make, and to declare it, to the end it
“ 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 possible means,
even force; if it were neceffary, to make the king of Spain
agree to it. He hopes this proposition will, in a great mea-
sure, remove all difficulties; and, as they must expect net

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