i
THE
Duke of Anjous
SUCCESS! ON
CONSIDERED,
As to its begality and Confequences j
WITH
REFLECTIONS on the French King's M E-
MQ^^AL to the Dutch, and on what may
be the Intereft of the feveral Princes and States
of Chriftendom, with Refpeft to the prefent
Conjuncture.
To which is added at large, becaufe refer'd to in the Book,
TheClaufeofl*** XIV's q&tra£* of Marriage, re-
nouncing the Spamfb Succet^pq.
His Ratification of the fame.
His Qrjeen, the Infanta's Renunciation.
The Article of the Treaty of the Pyrenees, and
The Claufe of Philip IV* Will, confirming the faid Re-
nunctations.
€&e jFourt&cmttou.
LON^O}?, Printed, and fold by A. MM* in Warwick
tone, near the Oxibrd^Arw^ tyfrU
1
4
*
PREFA C E
ta
WHA X Follows being the fudden Thought
of one that wifJies well to the Inter eft
of Europe in general, and of Great
Britain in particular, he hopes they will be taken as
Kmdly as he meant them honeflly, We have re a] on to
blefs the Almighty for the happinefs of our Conflitu^
tion, that our own Princes ( if an) of them jhould
ever be fo wicked as to attempt it ) baVe no right
(without our own Confent) to difpofe of our Purfes,
and much lejs of ' our Allegiance, and Perfons, by Wills
and Codicils, as eVery ordinary £b\an does of his" Goods
and Chattels. It remains then, fence "toe are free from
fuel? dangers at borne, that thofe concern d fhould bethink
Athetnfehes of proper Meafures to prevent any fuel? At- -
\C tempts upon m from abroad. We don't know how far
■J a date Precedent of that Nature may be drallm into Ex-
^ ample. We ought to confeder that be fides Foreign Pre-
*> tenders, there are others alledgd to be come from En-
t glifh Loins, that claim a right to our Succeffeon.
^ It's bard to fay what may be brought upon us of this
^ Nature hy a Match faid to be in propofal betwixt a
i certain Prince fs, and a third Grandfon, which perhaps
\ ma y grtz rl f e t0 another betwixt a Titular Prince,
\ and fome near Kjnfwoman. It concerns us y fence '
Ax our'
445628
Ptefacei
our eftablifhed Line of Succeffion can fcarcely make
up a Plurality, to take care that no Foreigner haVe
an opportunity of offering to fettle it for us, as they
baye done for others. In order to tins, it's pofjible to
do either too much or too little - y loth "which Moetr&Hes
the Wifdom of the Nation knows heft how to alMid. yfBut
fo far may he fafely advanc'd, that to' enter into Fo-
reign Alliances, efpecially with fucb Trotejiants as can
ajfift m with a NaVal Force, and to take all proper Me*
thods for preferring a good Correspondence with our
'Neighbours at home, would feem to be one of the bejl
Methods to deprive thofe of the Power that we have
reafon to think have themoji Inclination to give us trou-
ble on that Head.
The
( « >
rt.hm p , i, i li.»» . . i>.
-— *-. ,
The Duke of AnjouV Succejjion
CONSIDRED," &c.
HE Duke of sfnjott's Succeffion to the Crown
of Sfaiff. a nd the _ Confequences that may at-
tend it, is a ' Subjefc of fa-ch Importance and
univei la! Concern, that it dcfervedly exercises
the Tongues and Thoughts of all men of fenfe.
As to the Succtflion it felf, it's generally known, (i.)
That this Prince is advanced to the Throne of Spain, con-
trary to the Laws of that Kingdom , which do not allow
the Alienation of the Crown, nor that it fbould fall un-
der the Dominion of a Stranger, the Succeffion being
fettled by the confentofthe States of the Kingdom on the
Houle of sArragon or jLuftria.
2. That it is contrary to the Renunciation made by
Lewis 13. and the Infanta Mary Ann his Wife, at the time
of their Marriage 5 the Legality of which was not then
controverted.
3. That it is againft the Renunciation made by Lewis
XIV. the prefent French King, and his Wife the Infanta
Mary Thercfe, at the time of their Marriage.
4. That it is againft the Treaty of the 'Pyrenees, of
which that Renunciation was the chief ground-work.
5. That it is > t & the Will of Tktfip IV. pur-
fuant to that Renunciation.
6. That it is contrary to the Treaty of Parition, a-
greed on betwixt France, England and Holland.
B 7. That
(1)1
7« That it is exprefly contrary to all the Arguments
formerly made ufe of by Louis XIV. againft the Renun-
ciations by his Father and Mother, and by himlelf and
his Wife, and is dire&ly chargeable with the fame Inju-
ftice againft the Dauphin and the Duke of Burgundy, that
he formerly charged upon the above mentioned Re-
nunciations '■> and is by confequence condemned in that
very Memorial, which pretends to juftify the Duke of
Anjous Succeftion, fince it exprefly afferts the Dauphins
right to the Crown, and the nullity of his Mother's Re-
nunciation.
Thefe things being uncontrovertably true j It remains
that the Duke of Jknjou can have no other Title to the
Crown of Spain, but what he claims by the Will of his
late Catholick Majefty Charles II. For tho the unani-
mous defire of the Subjects of Spain be alfo alledged, it is
only brought in as a fecondary Plea, upon whieh the Me-
morial lays no great ftrefs , betides, we hear nothing of
any previous Invitation by the Cortes or States of Spain ;
Co that this Argument has no (olid bottom. If there be
any future Agreement of the States to the Duke of
Anjous Title, it will certainly be lookM upon by the
World as the efFeft of Force, and not of Choice, which
lays his Title open to dangerous objections.
To return to the late King of Spain's Will, which is the
Duke of Anjous beft Tenure 5 we find there is this to be
faid againft it. 1. That it is contrary to a former Will,
and that alfo the Will of the Father to the laft Teftator,
which is no great Argument of Piety in thofe that put
him upon making it. We (hall fay nothing as to his own
part in it, fince Decency commands us to tread (bftly on
the Grave of a deceafed Prince, and Compaflion forbids
us to difturb the Afhes of a Monarch after his death, who
enjoy 'd fo little of the Comforts of Life.
2. This
( i )
i. This Will can in no ways be efteenVd Co valid as
that of Philip IV. becaufe the latter was made purfuant
to the Treaty of the Pyrenees, and the (blemn Renunci-
ation of two fuoceffive Kings and Queens of France,
ratified by all the Legislative Power of France and Spain :
whereas the Will of King Charles II. is contrary to all
thefe.
5. The Will of Thilip IV. was agreeable to the civil
Law, and the Decretal of Pope ^Boniface VIII. which fays,
that every Renunciation made upon Oath by a Daughter above
1 2 Tears of age, in favour of her Father, in order to Con-
tract of Marriage, by which a fufficient dowry is affignd her,
ought to be good in Law, tho/Jje be then under thejurifdi&ion
of her Father, All which Conditions met in the Queen
of Frances Renunciation. Whereas the late King of
Spain s Will is contrary to this Decretal, which certainly
all Roman Catholicks ought to have a Ipecial regard to.
4. The Will of Charles II. of Spain, is objected againft
by the Emperor, as made when that Prince was in no
Condition to dilate, much lels to write a Will Co well
digefted, and fo fubtly fram'd, and introduc'd by fuch 2
politick Preface, as this Will appears to be. This Ob-
jection has fo much the more ftrength, that it is founded
upon the known weaknefs both of Body and Mind,whieh
that poor Prince had laboured under for Co long a time,
and does no way look like the Compofure of one
ftruggling with the violence of fuch a Diftemper as he
died of.
5. Tis objected againft this Will, that 'twas the con-
trivance of a French Faction, and forc'd upon that un-
happy Prince, almoft in ^Articulo mortis, by the Cardinal
De Porto Carero, on pain of being denied Abfolution ,
the moft frightful thing in the world to a bigotted 'Papijl,
fuch as that Prince was known to be. This Objection is
B 2 Co
(4)
to. much the more forcible, that the late King of Spain
was obliged by air the Ties of Laws, Treatys, Nature
and Inclination, to prefer a Prince of the Houfe of Auftria
to all others for his SuccelTor 5 and its Efficiently known,
that but a very little before the making of this Will, he
had made another in favour of the Arch- Duke.
6. It's objected againft this Will, that the Spaniards
were brib'd and heclor'd into a compliance with' it by the
Menaces of the French, &c. and the marching of their
Troops before that Princes Death, to take poffeffion of
the Dominions of Spain 5 that the French King clainfd
by virtue of the Treaty of Partition, which it would
feem by the Memorial prefented to the Dutch) the French <
entred into for no other end.
7. It's objected againft this Will, that it feems no way
likely to prevent the uniting of the Crown of Spain to
that of France, tho that be one of the chief pretended
ends of it. This will appear by the Will it fdf, which
leaves the Duke of Anjou at liberty to accept the Crown
of France, in cafe the Duke of TSnrgundy die without
liTue Male, provided he call the Duke of ^Eerry to fuc-
ceed him as King of Spain. That this is a very dangerous
and impracticable Provifo, will readily appear if we con-
sider the Ambition that's infepnrable from moft Crowrid
Heads, and particularly from the Family of r Bourbon x
and the Genius of France, ift well enough known,
that the defign of that Crown for the Univerfal Monar-
chy, is not of Yefterday $ and that in order to it, the
uniting of the Crown of Spain to that r.£ France, has been
one of the things that the Com? of France hath moft pafc
fionately defired, and indu!>rioufly attempted. The cafe
being fo, it's fcarcely fuppofable, that a Prince of fuch a
high Spirit, as the Duke of jinjon appears to be, will
readily quit his pretentions to the Crown of Spain, of
which
( 5 )
which he has the poffeffian, ev'n tho the Crown of
France fhould like wife devolve upon him.
It's in vain to object the Example of Henry HI, who
left the Crown of Poland, to take upon him that of
France, after the death of his Brother Charles IX. The
cafe is no way parallel, the Crown of 'Poland is infinite-
ly ftiort of that of Spain : Nor had Henry Iff. any Title
to it by Birth, or opportunity of keeping it, by reafon of
its diftance from France, and the Confkitution of the Go-
vernment 5 whereas the Duke of Anjou in the cafe above-
mentioned, will claim the Crown of Spain as his Birth-
right, will have an opportunity of patting his Friends
into the Adminiftratioh, and by that means of acquiring
a ftrong Faction in Spain to fupport it 5 and befides this
be will have the Power of France to maintain it. This
cannot be rejected as a vain Speculation, by thofe who
confider, that the two Kingdoms lye contiguous, and
that the King of Spain may have his French Troops in
readinefs when he pieafes, to force fuch Spaniards into
a compliance as be refractory to it.
But becaufe this Hypothefis may be objected againft
as too remote, fince 'tis probable the Duke of Burgun-
dy may have Heirs enough for the Crown of Trance :
We (hall now come to thofe things that feem nearer in
view. And,
1. It muft be granted, that the Duke of .2.) as
productive of infinite Troubles, and Misfortunes common to
all Europe, founds but oddly from the mouth of thofe that
were the firft propofers of it, and laid down Arguments
to prove the great Advantages that mult of neceflity re-
dound from it, in order to perfwade all Europe to engage
in it. If the Propofers of this Objection forefaw thofe
infinite Troubles, and common Misfortunes to Europe,
before they enter'd into the Treaty, it was the higheft
Injuftice for them to engage in it. It's own d by the
Memorial, p. 1 1. That the high Dignity of Kings does not
excufethem from conjidering, whether the Wars they under-
take be jufl. And let the Monarch be never fo great,
that enters into a War that he knows to be unjuft, he who
is higher than the higheft of Ring?, has pronoune'd them
accurs'd, that (hed innocent Blood : but if the Juftice of
that Treaty was never difputed till the Crown of Spain
came to be orfer'd to a Grand fon of France, it would
feem that the faying of a great Prince and Legiflator too,
That a Gift blinds the Eyes of the wife, is too applicable in
this Cafe.
The nice diftincYion betwixt the Dejlgn, and the Terms
of the Treaty, fmells more of the Ferula than of the Scep-
ter, but will appear to be very ill founded, if we confider,
that the defign of the Treaty, by the majority of the
Treaters, was to preferve the Peace of Europe, by pre-
venting the Union of the Crowns of Spain and France,
which is now eluded by this furreptitious Will, and the
Peace of Europe as much endangered by that Conjunction,
as if the two Crowns were upon the Head of one and the
fame Peifon. There is the more ground to fpeak thus,
that
( «4 )
that the French King hath faid feveral times fince the late
King of Spams Death, T^ henceforward France and Spain
jWi k #we 5 and that his Minifter hath declar'd to the Di-
et of the Empire, That twve he dtfigm to keep a good Corre-
spondence with the King of Spain, which puts himin a better
Condition than formerly, to ajfift the Princes cf the Empire,
and to preferve the Peace of Europe 3 to which he might
as well have added, and to difturb the Peace of Europe too.
It's own'd, p. 4. That the late Will, and the Death of the late
K. of Spain, make the difference betwixt the Treaty now y and
the Treaty then : which plainly (hews the partiality of the
French Court, and that they make their own Intereft the
Rule of Juftice and In juftice. The Treaty leaves no room
to diftinguifti betwixt the Defign and the Terms of it,
whether the K. of Spain die or live. It's evident, that
'twas not to be put in Execution till the Death of that
Prince 3 fo that all the Difference muft refult from the
Will, his Death is only alledg'd in the Memorial, as a
word of courfe, to fill up room and amufe the Reader.
Whereas 'tis faid in that fame Page, That the defign
of the Treaty was to maintain a general Peace, but the Terms
cf it now the King of Spain is dead, and hath made futh
a Will, caufe an nniverfal War : It's a fair Vindication of
the Honefty of the Defigns of the other Parties concern'd
in the faid Treaty, and a demonftration of the French
Guilt. We have the Word of a King and a Prophet too
for it, That an Upright Man will perform what he bargains,
tho it be to his hurt. If this be the Do&rine of Heaven, it's
no hard matter to guefs whence that other Do&rine comes,
which teaches us to break Treaties and Oaths, on pretence
of a diftinction betwixt the Defign and the Terms 5 other-
wife the divinely infpir'd Penman would have inverted
the Propofition, and told us, that an Upright Man will not
perform what he fwears, if it be to his hurt, becaufe when
he
( »5 )
he fwore he defign'd his own advantage 5 but it proving
now to be his hurt, he mud keep to the defign, and not
to the terms of his Oath.
That the keeping to the Terms of the Treaty, would
caufe an univerfal War, if the F rench had the honefty to
perform their part, is demonstrably falfe, and contrary to
what they fo frequently boafted of before this Will
was obtain'd, viz,. That the Parties concern d in the Treaty
of Partition were able to pit it in execution, in Jpite of all
Oppofers : Nay it's in a great part own'd by the Memorial
it felf in that fame Page, where it's fa id, that the French
King might have pojfibly obtain d more considerable advantages
by his ovon Arms, than the Share allotted him by the Trea-
ty, had he dejignd to make ufe of them on occafton of the
King of Spain's Death : then who can doubt but he might
have much more eafily poflefs'd hknlelf of that (hare by
the help of the EngliJI) and Dutch .
The main Objection lies in this, That the Emperor de-
clined joyning in the Treaty of Partition , in hopes of having
the Arch Duke declared Succejfor to the whole 3 and that if
the French Court had not accepted the Will, the jirch Duke
was of courfe declared Univerfal Heir to all the Dominions
of Spain. But what of all this ? were not the French,
Englifh and Dutch, able to oblige the Arch Duke to
content himfelf with Spain, the Weft- Indies andtheiVe-
therlands, whatever difpofition the King of Spain had
made by his Will ? It's known to beftipulated in the
Treaty, that the Arch Duke fhould not go into any of *
the Dominions of Spain during the King of Spain's Life,
nor could he have done it to any purpofe, but in the
Terms of the Treaty after his death. The French King
had his Troops ready long before his Gatholick Majefly^
left this World, to have feiz'd upon the ihare allotted him-
felf by the Treaty, which would have made the Areh
Duke''?
( 16 )
Duke's PafTage into Spain very uneafy, upon any other
conditions ; and tbo he fhould have found means to gee
thither, the united Forces of thofe three Nations could
fbon have diflodg'd him, had he not agreed to the Trea-
ty. This the French cannot but be fenfible of, when they
know what a large Conquefi: they made upon the Do-
minions of Spain during the lad War by their own
iingle Force, againft the united endeavours of the Em-
peror, Spain, England and Holland. But fomething they
muft fay, and they are refoived to fay what's nothing to
the purpofe, rather than be filent. Why did not they ac-
cording to the Treaty join with the other Allies, in giv-
ing the Emperor two Months time after the K. of Spain s
Death, to confider whether he would accept the Treaty
or not ? As the late King of Spain's Will difappointed the
Emperor in his expectation of having the Arch Duke de-
clared SuccefTor, it likewifegave France an opportunity
of fhewing her fincerity and Juftice to all the World,
by keeping to the Treaty, and propofing ftill to let the
Arch Duke have his allotted fhare. Who can tell but the
Emperor would have accepted it ? It's no way improbable
but he would, fince he finds himfelf difappointed of his
expectations as to the King of Spain s Will, and fince
'ris evident, that the honour and advantage he muft reap
from the Monarchy ofSpain> tho thus difmembred, is far
beyond what he can expect; from his Son's continuing
Arch Duke. Had the French done thus, they might
have had fome reafon to fay,that they defign'd to preferve
the General Peace of Europe ; but fince contrary to the
Treaty, they have vii* &modU obtain'd a Will in their
own favour, and refolv'd to ftand by it, they have laid
a juft Foundation for a Univerfal War, and given juft
Provocations to their Allies to join with the Emperor in
aiTerting the Right of his Family to all the Dominions of
Spain '•>
I *7 J
Spain ; which fhould they think fit to do, may in the end
prove as great a difappointment to the Houfe of Bourbon
as the late King of Spain's Will is to the Houfe of Ait ft n a.
It's pleafant to hear theMemorial fzyfThat his Allies had
no right tot ho fe Dominions allotted him by the Treaty ; when
the World knows that he could claim no other rififct to
thorn but by virtue of that Treaty. He had refign'd all
the other right that he could pretend to before his Match
with the infanta, without which Resignation that Match
lud never teen agreed to, and as has been (aid already,
his Renunciation and hers were ratified afterwards b>
the Treaty of the Pyrenees. It's in vain for the French
to allege, that he had no Power to give away his Son's
Right : for if it were (b, he was unjuft in entring into
that Marriage Contract and Treaty, and he hath re-
peated his injuftice again by giving the Dauphins and
Duke of Burgundy's Right to the Duke of Anjou; and
fince they infill fo much upon the nullity of that Renun-
ciation, it confirms the fufpicion that the Duke of Anjou
is only to ad as Viceroy to the Crown of France, other-
wife they do but jeff. with the world in talking thus of
Right, when in the fame Breath they juftifie what they
have done contrary to that pretended Right. Be that how
it will, it's certain that this Plea lays an eternal Founda-
tion of Quarrel betwixt the Crowns of France and Spat*,
if the Duke of Anjou, and the Heirs of his Body be any
thing elfe but Viceroys, fo far is it from truth, that the
accepting of the late King of Spain s Will is the beft way
to preferve the Peace of Europe.
It's no lefs pleafant to hear them tell ns, That it was not
his Majefty's dtfign to acquire by a Treaty the Kjngdoms of
Naples and Sicily, the Province of Guipufcoa, and the
Dutchy of Lor rain. But his principal end being to maintain
the Peace, he treated upon that foundation alone. Had the
D maintaining
[ 18 ]
maintaining the general Peace, been the alone Foundation
of his Treaty, there was no need of his treating at all,
he had no more to do, but to obferve the Treaty of* the
Pyrenees, wherein he renounc'd for himfelf and his Suc-
ceiTors forever, all pretenfions to the Crown of Spain',
and if he had done fo, we may very well venture to fay,
his Allies would not have forc'd thofe Kingdoms and Pro-
vinces upon him : fo that if he did not treat for thefe, he
treated either for nothing at all, or elfe to frighten the Spa-
niards to give him the whole, which is the likelieft of the
two, as the Event hath verified.
As a further Te ft imony of Gratitudeto his Allies, the
Memorial tells us, That perhaps he might have obtain d more
colder able Advantages by his Arms, if he had defignd
to make nfe of ^em on occafwn of the /£. of Spain' j Death.
To which it is eafy to reply, that perhaps he might have
loft greater Advantages by theirs, which will fbon ap-
pear to be no Paradox, when we confider, that if in or-
der to maintain the Treaty of the Pyrenees, and to keep
the Peace and Bal lance of Europe, they had join'd with
the Emperor and Spain to attack him, and Tent a good
ftrong Fleet to harrais his Coafts and bombard his Towns ;
He would not have found it fo eafy to withftand their Uni-
ted force now, as he did during the la ft War, confider -
ing how his Men and Mony are exhaufted. From all which
we have reafon to conclude, without a perhaps, that they
would have given him a feverer vomit than they did at
the Conclufion of the late War, when they made him
difgorge fo many large Provinces, and ftrong Towns.
It is no lefs abfurd in the Memorial to tell us, what feats
he could have done with his Arms, if he had defign'd to
make ufe of them onoccafion of the K. of Spain s Death,
when all the World knows, that he not only threatned both
branches of the Houfe of Attjlria with his Arms, if they
did
C ly 3
did any thing to prevent the execution of the Treaty of
Partition, hut march'd his Troops to the Frontiers of Spain,
to be in a readinefs to feize Fontarabie, &c. afloon as his
Brorher-in-Law died, which for ought we know, fright-
ncd that poor weak fpirited Prince out of this World
fooner than he might have gone.
The pretences,^. 5. that he muft have been engag'd in a
long and bloody War, and chat the Spaniards were putting
themfelves in a pollute to keep their Monarchy United, if
he had not accepted the Will, are empty and trifling. What
could that enfeebled and icattered Monarchy have done
to keep it {elf united againft the joint Power of France
EnglanA y and Holland? fhey are not able of themfelves
to have refitted France alone, and much lefs all three to-
gether ; the Emperor could give them no ^ffifrance by
Sea, nor could he have hundred their being invaded bv
Land. It's in vain to object, he could have given France
a diversion on the Rhine, for Lewis XIV had cut him out
work enough at home, by encouraging thofe Princes that
oppofe the ath Electorate, and complain of other Griev-
ances, to arm againft him ; or if that would not have done
he could have had recourie to the old and never failing
Contrivance of the moft Chriftian Kings, which is, to en-
gage the Turks to invade Chi iftendom. The French and
Dutch are both on the fame Continent with the Emperor,
and were more capable of invading him than he is of in-
vading them : thofe parts of the Spanifb Dominions af-
fign'd to France by the Treaty, might have been torn from
the body of the Spanijh Monarchy, before the Emperor
could come to their Relief, and the Confederate Fleets
could eafily have torn off America, which is the Soul of
their Monarchy, and then it muft have perifh'd for ever,
of this the Spaniards were fenfible enough, and therefore
had no other way left them, but either to agree to the
D 2 Treaty
C 20 J
Treaty of Partition, which would have been both to their
lofsand difbonour, or to endeavour to break that Trea-
ty, by throwing themfelves into the Arms of a Nation that
icorn to be flaves to their Word ; and by this means to be
rather intire Bond-men, than difmembred Freemen. This
may ferve for an Anfwer to the D. of Savoy's alfertinghis
Right, in cafe of the Arch-Dukes acquiefcing to the Trea-
ty of Partition *, all the World knows that that petty Prince
ruuft have unavoidably fought his own Ruin, if he had
offer'd to attempt it againft the Emperor, France, England,
and Holland.
Enough has been (aid already to prove, that no Prince
of the French Blood had any Right to the Crown of Spain,
but we fliall here once for all conflder that AlTertion fcat-
tered up and down the Memorial, and particularly in/>. 6.
That the late K of Spain by his Will, hath at lafl donejuf
the to the true Heirs. It were to be wifli'd, that the Au-
thor of the Memorial had come to a flx'd determination
what this Juftice is, for fometimes he alledges this Juftice
was due only to the Dauphin, and for that end declares
the Nullity of his Father and Mothers Renunciation, and
here he talks of Juftice done to the true Heirs by the King
of Spain s Will, which excludes the Dauphin and Duke of
Burgundy, and all that (hall afterwards become Kings of
France, and fettles it on the D. of Jnjou, &c. fo that the
Juftice of an Hereditary lineal Succeffion, which in moft
Kingdoms of Europe, hath coft fo many thoufands of de-
luded Subjects their Live*, is quite deftroy'd by this Noti-
on and Practice. Befides, the Memorial contradicts it felf
in this matter, as has been already obferv'd ; for if Lewis
XIII and XIV'j Renunciations were unjuft,the Dauphin's
mull: needs be fo too. And tho the Dauphin be fuch a
good natur'd Prince as to declare, That he {hall be glad to
fay during his whole Life^ the KJng my Father, and the
KJng
G 21 j
/C'#g #*> Son : 'Tis a Queftion whether the Duke of W*f*
gundy will be a Prince of fuch Temper : perhaps there
may be a time when fomeor other will whiiper himin
the Ear, that the Court of France had two different no-
tions of Juftice at one and the lame time, one that there
could be no Juftice in a Father's renouncing the right of
his eldeft Sju ; and another that a Father might juftly
renounce the right of his eldeft Son, in favour of the 2d •
and fince both thofe Notions are juft, that muft be mod
juft, which is moft for his glory and advantage ; and
therefore fince it is more glorious and more advantageous
to be King of France, Navar and Spain, &c. then to be
only King of France and Navar. It will be moft juft for
his Brother the Duke of An]ou to come home and pof-
fels his Appanage in France, and reftore him the Crown
of Spain, which is his Birth-right : If this be the cafe, as
'tis no way impoflible, the longeft Sword muft determine
the Juftice ; and thus the Peace of Europe is excellently
well(ecur ? d by the late King of Spain s Will, &c.
We fhall abfolve this Head with one Obfervation more,
which is, that in order to have made the King of Spairfs
Will juft, there ought at leaft to have been an equal Au-
thority and Solemnity at the Ratification of it, as there
was at the Ratification of Louis XIV tbs Contract of Mar-
riage, and of the Treaty of the Pyrenees, which that Will
totally fubverts.
Having confldered the chief parts of the Memorial, it re-
mains only to take a view of fome other particulars in it.
P. i4.Healledges, " That fo many confiderable Dcmi-
" nions being added to France, according to the difpofi-
iC tion of the Treaty, might have given juft Jealouiy of
il the Power of France, and that therefore the States
u fhould prefer the Succeflion according to the Will, to
" the Treaty of* Partition. But who fees not that the
Scares,
C 22 3
Scutes, and all Europe, have more reafbn to be jealous of
the addition of the whole Dominions of Spat* to the
Crown of France, or which is all one, that the Entire
Spanijb Monarchy fhould he under the Goverment of
French Councels. Since the Breach of the Treaty of Par-
tition is fuch a frefb Inftarce of French levity, and the
greatefr. Contempt and Affront that could have been put
upon his Majefty of Great Brittain and the States, who fhali
be Guarantees, that this Breach fhall flop here, and that
it fhall not be attended with further Contraventions of o-
ther Treaties to the difturbance of their Peace, and of the
Univerfal Repofe of Europe. When the King of Great
Brittain and the Dutch entred into the Treaty of Partition,
they were made to believe that the French defign'd no o-
ther thing by it, but the preventing of new Wars, or as
they exprefs'd it in their joint Memorials to the other
Potentates of Europe, that the Conjuncture of affairs
rendred that Treaty as neceffary
j. By Vertue of this League with the Emperor, it's
very probable we might obtain an eafe from Perfection
for our Proteftant Brethren, not only in the Empire but
in Hungary and other Countries under his ownimme-
diate Power. This it's highly reafonable to think he
would grant, as an Acknowledgment of our Kindnels,
and on the accouut of his own Intereft, that the French
may not improve the Perfecution in Hungary as a Back-
door to let in the Turks again upon the Empire. If this
were obtain'd it would make good the Defect of the
Treaty of Refwick. on that Head, which hath ruiad fo
many Hundreds of Proteftant Churches, and expofesthe
Reformed in the Empire to fuch barbarous Perfecutions,
particularly thofe of the Talatinate •, for whom, in this
Cafe, the Emperor might eafily obtain, nay command
Liberty at the Hands of his Brother-in-law , the Elector
Palatin.
< 4. This League betwixt England, Holland and the Em-
pire, would be one of the fureft Methods in the World
to prevent a Religious War, and by confequence blow
the Tempeft over upon Italy, which the Court of Rome
defigns mould disburthen it felf upon us.
But in cafe the Conclave of Rome fhould have fo much
Addrefs under the Conduct of their young Politick Head
as to find Methods to cement the different Interefts of
the Emperor and Vrance^ and to unite them againft the
Reformation, by Inter-marriages, the Conceflion of Mi-
Ian to the Houfe of Auftrt a ,and a Promife 'of the Afliftance
of Vrance to make the Emperor abfolute in Germany $
provided he refigns his Pretentions to the Spanifh Suc-
ceflion, it would feem neceflary that we mould be pro-
vided againft it. This project 'tis true will be hard to
execute, and fome may think it impolitick in France to
fall in with it, becaufe the Emperor by this means will
be-
( 37 )
become too redoubtable, but considering the Bigotry
that poflefTes both thofe Families, the known Maxim of
the Romifh Church, that the Propagation of her Faith
muft be preferr'd to all other Interefts, and that tho' the
Emperor were abfolute in Germany, the United Force of
France, Spain and the Netherlands, fupported by theTrea-
fures of America , will be an Over-match for him , the
Propofal may be more tempting to a weak and ambitious
Mind than we can imagine.
Be that how it will, its certain the Proteftant Inte-
reft is in very great danger, as Matters are now, and
muft be much more fo, if fuch a Conjunction mould
happen. Therefore it is requifite that they fhould be-
think themfelves of Methods for their own Security in
all Events. The Romifti Idolatry hath a great Advan-
tage over the Reformation, in thefe. following Particu-
lars :
(i.) That it better fuits the ambitious Defigns of
Princes who have a mind to be arbitrary : For a Lar-
gefs to the Church, they may foon be abfoiv'd from all
Obligations to maintain their Subjects in the pofleflion
of their Property 5 Coronation- Oaths, Inftruments of
Government, Paha Conventa, Claims of Right, Golden
Bulls, Conftitutions of Diets, Parliaments and Cortes,
or what you will, are but fo many Cobwebs, that are
eafily fwept down by the Pope's Difpenfation. Mur-
ders , Affaflinations , Maflacr.es , and the greateft of
Crimes that Hell can fuggeft, or that deprav'd Men can
execute, may eafily be hallow'd by the Pope's Confe-
cration. To break Faith with Hereticks is a Vertue, to
obferve it is a Grime, by the Determination of their
Councils 3 fo that we cannot take too many Precauti-
ons againft that Religion, and the Princes that profefs
it, Honour and good Nature does fometimes- overcome
the
445628 -
( 38 )
the Poifon of their Principles, but that is not to be re-
lied on.
A fecond Advantage that Popery has over the Refor-
mation is this, That according to their Principles, Men
may be as wicked as they pleafe, and yet force their way
to Heaven, by Pardons, Indigencies, Jubilees, Pennan-
ces, Soul Mattes, &c but beft of all by perfecuting
and deftroying thofe they call Hereticks, this is a ready
Attonement for the greateft Cruelty, or moft unnatural
Luft 5 and therefore a Principle that the Reformed ought
to provide againft, as one of the moft prevailing upon
depraved Nature, that ever the Author of falfe Religi-
ons invented.
A third Advantage they have over the Reformed is
this, That the Romanifts haveafix'd and certain Head,
who protects and aflifts them all over the World, and
to him they have recourfe in all Exigences. The Pppe
or rather the See of Rome, is the Centre of their Uni-
on ; and, tho 3 their Differences amongft themfelves be
greater, more numerous, and purfued with as much
Acrimony as thofe among Protectants, the Pope and his
Conclave are fo politick as. to keep all of them within
the Pale of the Church, and, to the lhame of fome.Pro-
teftants don't narrow the Terms of Communion, fo as
to throw any of them out -, nor are their different Opi-
nions an Obftru&ion to the Civil Preferment of any
Layman of this or that Seel.
In order to counter- ballance thofe Advantages, it fol-
lows naturally, That Proteftant Princes and States fhould
enter into a League offenfive and defenlive upon the Ac-
count of their Religion. That the Government of eve-
ry Proteftant Kingdom and State fhould take care that
no Proteftants, who agree in the eftabliuYd Do&rine of
their refpe&ive Kingdoms or States^ fhould for their
dif-
(3*)
differences in other things be made uncapable cf Ecclefr
aftical or Civil Preferment • that there mould be a mu-
tual Forbearance of one suother in thofe minute Differ-
ences, and no other Terms of Communion impos'd up-
on any, but thofe that are the revealed Terms of Sal-
vation. There's no reformed Nation in the World fo
guilty of this as England, and therefore it's our Intereft
more than others to beware of it.
Tho'the Principles of the Reformation for , which is
all one, true Chriftianityj are fo noble and fublime, that
they will not allow us to look for a Spiritual Head any
lower than Heaven, it does not therefore follow, but
Proteftants may agree upon a Common Protector and
Civil Head on Earth. This falls naturally upon the Go-
vernment of our Ifland, and was glorioufty perform'dby
Q^EUzabeth, notwithftanding the difadvantage of her
Sex : Why thofe who fucceeded her, till the late Revo-
lution, did not a&the fame part, the Reafons are fo well
known that they need not be iniifted on.
But now that God hath blefs'd us with a Prince , the
Hero of his Age, and the Reprefentative of a Family,
which for an hundred Years palt, hath been the Scourge
of Popery, and the Buckler of the Reformation, what is
it that can hinder the Protectant World from acknow-
ledging him as their Common Protector ? In order to
this it feems to be the Intereft of this Nation to enable
his Majefty to acT: as fuch, and to ailift him in an Enqui-
ry, to find out and prevent the Caufes why the Prote-
ctant Intereft has declin'd fo much of late all over the
World. There was no Caufe of wondring at it, when
Louis XIV. triumphed every-where without controul 5
and when the Throne of Great Britain was become a
Votary to Rome. But if the Conquefts of that Church
fhould ftill continue to be enlarg'd, when England and
Holland^
( 4°)
Holland, the two great Proteftant Powers of Europe are
united under one gallant Proteftant Prince, who hath
diftinguifhed himfelf as much by his Zeal for his Reli-
gion, as by his Valour in the Field, it mult needs argue
an unpardonable Defect fome where, which certainly no
good Proteftant will refute to join with his Majefty, in
finding out, and endeavouring to remedy.
In order to enable his Majefty to take upon him this
glorious Province, 'tis not only neceflary that there
fhould be fuch a League amongft Proteftant Princes and
States, as above-mention'd s and that they mould all
agree to give his Majefty full Power to enquire into the
Invafions made upon the Proteftant lntereft, through the
World, and, in the Name of the whole, to proteft a-
gainft them, and demand and attempt a Redrefs-, but
that all Differences among our felves mould likewife be
fo far compromifed, as it (hall not be in the power of a-
ny future Prince or Party, Domeftick or Foreign, to arm
Proteftants of one Denomination, againft thofe of ano-
ther, on any pretence whatfoever. That was the Me-
thod taken in the late Reigns to introduce Popery and Sla-
wjy>and therefore having already fuffered under it, we
fhould be the more careful to avoid it. Nor fhould this
Precaution extend only to Differences in Matters of Re-
ligion, but alfo to thofe of another Nature, which have
been made ufe of to foment Civil Differences amongft us,
fuch as Mens different Opinions about the Extent of Pre-
rogative y or the Priviledge and Power of Parliaments 5
by which we have been and continue ftill to be divided,
under the odious Diftin&icns of Whig and lory. There's
no wife Man of either of thofe Denominations, but
when fedately difcours'd, will tell you, that he's for
preferving the true Englifh Conftitution * thenfinceit
is fo, and that the known Laws of the Land are the
Boundary
r 4i )
Boundary betwixt Prerogative and Property. What
reafon is there that any Man who is willing to give that
Security for his Allegiance , which the Law requires,
fhould be look'd upon with an evil Eye, or be thought
uncapable of ferving the State. Such Differences , as
they weaken our Mutual Confidence in one another, and
render usuneafie at home, make us alfothe kfs confide-
rable abroad , and more fubjecl: to the Intrigues of Fo-
reign Princes and States. It was a judicious Obferva-
tion of Sir Willing Temple, in the fecond Volume of his
Letters, Page 229. where he writes thus to Sir John Tre-
vor, from the Hague, July 2 2. 1670. 'I am iorry the
Buiinefs of Conventicles gives you fo much trouble,
and would wifti we were at a good end of al fuch
Controverfies which make his Majefty appear abroad
to have fo great and considerable a Number of Subjects
that have not learnt to obey him, and confequently
make up no part of his Strength, but feem rather to
lefTenit, and amufe People both at home and abroad
with Imaginations of Changes : Yet Mcnfieur Van Beu-
mnghen hath reprefented it hither as a Bufinefs which
his Majefty will eafier Mafter than you feem to be con-
fident of, but their Intereft here may help them to be-
leive, as well as to defire it upon the Expectation of
fo many Perfons and Stocks as wiW be brought over to
them upon this Occafion , and makes , as they fup-
pofe,a confiderable increafe of their Trade and diminu-
tion of ours.
Thefe Differences in Opinion are not the only E-
vilswe labour under, we are alfo divided in Matters of
Trade, Company againft Company, and all of them a-
gainft the trading of any other but themfelves. It's
known what Influences thofe Divifions have had upon
fome late Elections $ what further influence they may
G have
C 4^ )
have thit way upon the Government at laft, and by
confequence upon our Peace, is noteaiily forefeen, and
cannot be prevented without difficulty, if thofe whofe
Bufinefs it is don't take fpeedy and proper Meafures to
bring thofe Differences to an accommodation.
The fame is to be faid as to the Grievances cornplain'd
of by the Scots and Irifh 5 Care ought to be taken, that
what they juftly complain of mould be fpeedily re-
drefs'd. The Advices of fuch Perfons or Trading Com-
panies who have different Views from what the Parlia-
ments of thofe two Kingdoms think to be their indifpen-
fable Interefts, feem not fo proper to be followed in thole
Matters, an amicable Conference betwixt Commiffio-
ners chofen by the Parliaments of all the three Nations,
authoris'd for that end by his Majefty , would feem to
be a proper Expedient for removing fuch Mifunder-
ftandings as are already crepp'd in, and to prevent fuch
•or the future : Our Union is our Safety ^ further Divi-
ilons in the prefent Conjuncture , may open a Back-door
for the common Enemy, and until further Methods can
be refolv'd on , k would feem neceffary , that nothing
ihou Id be done which looks like a denial of any thing
that thefe two Nations can juft'y claim as the Right of
their Conftkution. His Majefty hath again and again de-
clar'd very graciouOy, that he will never believe, that the
true Interefi of hk Croivn and hk People can he oppofite 5
which is a fair Warning for all Perfons to beware of the
Confequences that may follow any Attempts to divide
thofe two interefts that ought to be infeparable.
His Majefty having given his Subjects fuch A flu ranees
on his part, it remains, that we mould give him ail due
Marks of Fidelity and Confidence on ours 5 and fincehis
Majefty's Courage in War , and Conduct in Peace, are
fo well known as to be own d by his very Enemies the
high-
(43)
higheft deference ought to be paid to his Council and Ad-
vice, as to what is neceffary for enabling us to deflnd our
felves, and to affift our Neighbours as occafion requires x,
whether this is belt to be done by railing Forces at home,
and fending them abroad, or by making ufeofour native
Strength to defend our felves,and hireing Foreign Troops
to affift our Allies , and under what Regulations and
Provifos for the fecuring of our Liberties againft fuch
Dangers as may be reafonably apprehended from Armies,
in our Pay at home orabroid, muft be left, as it's fit it
mould, to the wife Determination of King and Parlia-
ment ^ betwixt whom when they meet, may Heaven
create a good underflanding.
In the mean time if his Majefty and his Parliament
fhall agree upon it as the Intereft of the Nation to en-
ter into a League with the Dutch and the Empire , dv.
to oblige the French King to (land to the Treaty of Par-
tition , or to aflert the Archdukes Right to the whole
Succeffion , thus much we may venture to fay , That the
Naval Force of England and Holland, commanded by
fuch Perfons, as the King and the Nations confide in,
may in all probability bring the War to a fpeedy Con-
clufion. This we have good reafon to belive if befides
what is neceffary for our Defence at home , we fend
fuch Squadrons abroad as may fecure the Treafure of the
Wefi-Indks for the Ufe of the League. By this means
we poflefs our felves of the moft valuable part of the
Spanifh Monarchy , till theSncceffion be fo fetled, as to
keep the Bal lance of Europe in its due Scituation. We
cut off the Sinews of War from the common Enemy,
and make Spain and its Dominions id Europe a burden
to the French in (lead of an advantage.
In order to all thefe great Ends. It's requifite that
more than ordinary care be taken of his Majeftys facrcd
O 2 Pcrfon,
(44)
Perfon, our own Safety, as well as thatof all Europe, feems
next to the Divine Protection , to be wrap'd up in his
(Ingle-Life $ and that it may be in danger by Affailins,
our former Experience, the late publication o( CLarnocI(s
prteended Letter , the known Temper of our Enemies,,
the prefent Conjuncture of Affairs, and fufpicious Ad-
vices from abroad , gives us too )u ft came to appre-
hend.
ThefeConfiderations having. fwelied already beyond
the Proportion intended at firft, what follows (ball be
diipatch'd in as few words as poffible. It's probable that
the prefent Conjuncture may occafion a change in the
Conduct of the Court of Vienna. It kerns to be their
Interelt , to grant a fp.edy Redrefe of all thofe Grie-
vances complain'd of by the Princes and Srates of the
Empire in Matters Religious or Civil. It's a very falfe
J rep in Government, for Princes to invade the Rights
of their Subjects, but efpecially thofe relating to Con-
science, over which there's none but the Tribunal of
Heaven can claim any Jurifdiction. It's a point which
by all Men that have any regard to Religion is ac-
counted the moft tender of any, and as they are the
molt fenfib'y touch'dwith Injuries of that Nature, their
iMentments of them make the deepeft Impreffion. L's
thereiore the Emperor's Intereft to forbid all Violence on
that Head immediately. It's a Mortiiicarion indeed to
haughty Princes to be oblig'd to yield to the demands of
their Subjects $ bat when they are founded upon Juftice,
and that at the fame time thole Princes Hand in need of
the Purfes and Swords of their People, h*s their Inter-
eft to grant their Dciires. It had b:en well if the Houfe
of Auflrja had learn'd Wifdom m this Matter from for-
mer Experience. There's fo much freedom interwoven
in the Cohltitution of the Empire, that Men of Senfe
thcre^
C45 >'
there, as well as in fome other Farts of the World,
think ir a very great hardlhip put upon them, that they
mult purchafe good Laws at the Expence of their Tna-
fure and B'ood, when by all the Notions of Govern-
ment, that we have from Reafon or Religion, Princes
feem antecedently oblige! by the Command of th; great
Legiflator to concurr in making fuch Laws, without
any fuch Conlideration. As it is the Intcreft ox the
. Emperor to do thus, it's the Inxreft of the Elee idrs and
Princes of the Empire to accommodate their Differen-
ces with him upon as reafon able Terms and asfpeedily
as may be 5 their Appeal to Frame will but exafperate
Matters, and endanger their Liberty. It's particularly
the Int.reftof the Proteftant Princes and States to be-
ware of his Mediation. It would feem more proper for
. them to have fecourfe in all fuch Cafes to the Interpo-
sition of England and Holland 5 efpecially in the prefent
Scituation of Affairs, when the Power of France is ag-
grandiz'd to fuch a formidable height.
As to the Cantons of ' Sw/Jferland and their Allies, it's
like that (he prefent Juncture will fcarcely oblige: them
to abandon their Neutrality, becaufe they are liable
to Invasions on both fides \ yetconfidering that France
ib now at Peace withSp aw, it's the Intereft of the Swiffers
to fectire themfelves againft the Defiens of France^ by
frefh Alliances, and confidering that the Proteftants arc
by far the moll numerous part of the Swiffers, joining
of the Reformed Cantons in a Proteftant League, fciins
abfoiutely neceflary, and on the whole, it's their Inter-
eft to help to keep the Ballance betwxt France and
AufirU, in an equal Counterpoife, by fuch Methods as
their 1 rudence fuggefts.
For the Princes and States otltaly, it's evidently their
Intereft to do the fame, to the Balance of Cbrifiemlom^
for
(40
tor to which fide foever it incline, they are in danger 5
but confidering that the two Branches of the Family of
Bourbon lye contiguous to one another, and have a great
Naval Force 5 it's certainly their Inter eft that the Spanifh
Succeflion fhould rather be fettled on the Arch- Duke,
and to contribute towards it privately, till an Oppor-
tunity offer for doing it otherwife.
It's the fame, as to the Portuguife 5 but as their Dan-
ger of being fwallowed up immediately obliges them to
a c~t with Caution, it's an equal Obligation upon the o-
ther Princes of Europe, to prevent the Addition of that
Kingdom and it's Fcreign Plantations, to the Houfe of
Bourbon $ and when any Endeavour of that Nature is
made by the Potentates of Chriflcndom, it's the undoub-
ted Intereft of Portugal to join them with their utmoft
Strength, and to contribute to the fame underhand, un-
til fuch time as they may avow it with fafety.
For the Northern Crowns, they muft needs expect, to
have their Neighbouring Dominions on the Continent
fpeedily fwallowed up, if once the French become Ma-
ilers of the Netherlands. Their Navagation muft in a
3 little time after become meerly precarious, and their Re-
ligion and Liberty at the Mercy of the Houfe of Bourbon.
But fince its the Maxim of thofe two Crowns always to
take different (ides, it's in the Power of the Englifti and
Dutch in Conjunction with the Empire to engage the
ftrongeft on our fide, and to oblige the other to their
good Behaviour, on painoffmartingfbr it, in cafe they
take Meafures contrary to the Proteftant Intereft, and
and the Liberty of Europe.
For the Hans Towns on that fide, the Form of their
Government and the Intereft of their Trade will oblige
them to join with the Afitrttrs of Liberty 3 and
for the Republic! of Poland, their Intereft is the fame.
They
(47)
They have as much Reafon as-a«ny People whatever, to
dread the Encreafe of the French Power, for befides that
it will be fatal to their Liberty and Form of Govtrnment,
(key muft take Care of giving the French an Opportu-
nity of revenging the Affront put upon them, by reject-
ing the Prince of Conti, and confidering the Suspicion
that fome have of their King to render himte}f A bib/lute,
an d the Crown Hereditary, and that they have their
inteftine Broils to ftruggle with 5 it's probable, that the
Tr ou ble they give to Sweden, will be of no long dura tioifc
the Elector of Brandenburg, alone is capable of doing
much to bring that War to a Period, and confidering his
own Interef), and the new Obligations laid upon him by
the Emperor, there's ground to believe, that he will take
tffe&ual Meafures in that Affair.
TheCzarofilf«/Zw; feem'd by his late Ramble into
thefe Parts of the world, to have no Inclination to the
French Intereft, but, on the contrary, to hate it 3 and
therefore it cannot be his advantage to carry on the De-
fans of France by difturbing the Peace of the North.
That will only expofe his own Dominions and the
Gretk Church to the future Attempts, of France and
Rome, and totally ruine his Trade, which he feems de-
firoustoadvan.ee: But, if he continue obftinate, it's in
the power of the Englifh, Dutch and Swedes to give
him a Naval Meeting on the fide of Ar cbangel, befides
what the latter are capable of doing by Land, which
may foon convince him, that it is more his Intereft to.
turn his Arms againft the effeminate PerGans and other
Eafterlings where he may find better Socty with fewer-
Blows.
For the Satisfaction of the Reader, we (hall conclude
with the Articles of the French King's Contract of .Mar-
riage
( 4« )
riage, wherein he renounces the Spanifh Succeffion for
hknfel f and his Heirs } the Article of the Treaty of the
Pyrenees upon the fame Subject, and the Article of Philip
the Fourth's Will relating to it, that the State of the pre-
lent £ontroverfie may be fet in its full Light.
The Ciaufe of Renunciation ', in the ContraU ofMarYaige be-
twixt his moft Chrijiian Majefty and Dona Maria The-
refa 0/Auftria.
/ ~T~ s Hat forafmuch as their moft Chriuian and Catho-
JL lick Majefties are come and do come to conclude
a Marriage, in order to the perpetuating and fecuring, by
means of this Tie of Affection, the publick Peace of Chri-
ftendom, and between their Majefties, that Love and A-
mity, which every Body hopes there is between them,
As alfo for what concerns and imports the Good of the
Republick and the Prefervation of the two Crowns,
which being fo Great and PuifTant, they cannot be uni-
ted into One ^ and that from henceforward the Occafions
of fuch a Conjunction may be prevented. Therefore
considering the Quality of the Subject, and other juft
Rcafons, more especially that of Equa ity, which ought
to be preferved. Their Majefties Agree and Ordain, by
Contract and covenanted Compact between themfelves,
which (hall irTue forth, and obtain the Place, Force and
Vigour of a firm and eftabliuVd Law for ever, in fa-
vour of their Kingdoms, and for the common Welfare
of both, That the moft Serene Infanta of Spain, Dona
Maria There/a, v.nd the Children begot of her Body,
whether Mile or Female, and their Pofterity, lit, or
2d, 3d, or. 4th Generation born after her, in what De-
gree ibevcr they may be ^ that is to fay, for ever, nei-
ther can fucceed, nor may fucceed to the Kingdoms,
Eftates,
(49 )
Eftates, Signiories and Dominions which belong or fhall
belong to his Catholick Majefty, and which arc com-
prehended under the Titles and Qualities mention'd
in this prefent Capitulation , nor to any of his other
Kingdoms, Eftates, Signiories, Provinces, adjacent
Iflands, Captainfhips, nor to the Frontiers which his
Catholick Majefty poueffeth at prefent , or which do
or may belong to him, as well within as without the
Kingdom of Spaw 9 and which for the future his Ca-
tholick Majefty or his SucceiTors fhall have or poflefs,
or which fhall belong to him or them ; nor to any that
arc comprehended in thefe , or depend upon them ;
nor to any of thofe which hereafter at any time what-
ever may accrue to him, or which he may acquire or
add to his faid Kingdoms, Eftates or Dominions, or
which he may regain, or which may efcheat to him by-
Devolution , or by any other Title , Right or Reafon
whatfoever , tho' it were during the Life of the faid
moft Serene Infanta , Dona Maria There/a, or after her
Death in the Life-time of any of her Off-fpring, Hrft,
fecond , third born , or further , whereby any Ground,
or Grounds in Law, by which either of Right, or by
the Laws and Cuftoms of the faid Kingdom, Eftates or
Dominions, or by the Difpofals of Titles, by which they
might fucceed or pretend to fucceed to the faid King-
doms, Eftates or Dominions may be laid to belong to
them from the Succeflion, in all which Cafes the faid
Dona Maria Tberefa fays and declares her felf to be
from henceforth excluded , and to remain truly and
lawfully excluded, together with ail her Children and
Pofterity, Male or Female , tho' they would or could
fay or pretend , that in their perfons neither the faid
Reaibns of State, nor any others, upon which the laid
Exclulion might be grounded, could be of force, or
H coald
( 5°)
could or ought to be confidered, or that they fhould
alledge (which God forbid) that the Succeffion of
the Catholick King, or his moft ferene Princes or In^
fants, and abundance of Males which he has and may
have for his lawful SuccefTors were fail'd and extinct.
As alfo, notwithstanding all the Laws and Cuftoms of
the Crown of France, which , to the Exclufion of the
SuccefTors to that Crown , oppofe themielves to the
above-mentioned Exclufion ,. as well at prefent as for
the time to come : Upon which Considerations join'd
together, and every one in particular, their faid* Ma^
jefties abfogate whatever they contradict or impeach
being contained in this Contract, and whatever may.
binder the AcComplifhment and Execution thereof, and
that for the Approbation and Ratification of this prefent
Capitulation, they derogate from all things prejudicial
to it, , and hold them derogated. .
TJje Ratification of His Moft Ctiriftian Majefty.
WE , with the Advice, of the . Queen , our thrice
honoured' Lady and Mother , and our moft
beloved only Brother the Duke of Anjou^ feveral Prin-
ces, Dukes, Peers, and Officers, of our Crown , and
other great and remarkable Perfonages of our Council,
after we have eaus'd ? the faid Treaty to be read Word by
Word, have agreed to it,, approv'd and ratify'd, and do
agree to it, approve and :ratify it, in all and every the
Points and Articles by thefe Prefents Sign'd with our
Hand, promifing, upon the Faith and Word of a King
inviolably to fulfil, obferve and hold, without ever go-
ing or coming in oppofition to it, dire&ly or indirectly,
in any fort or manner whatever ; abrogating to that
end, as we do hereby abrogate, all Laws, Cuftoms, and
Difpo-
(5« )
Difpofals to the contrary ; for fuch is our Pleafure. In
witnefs whereof, we have affixed our Seal to thefe Pre-
fents. Given at Tholoufe the 24th of November , in the
Year of Grace 1659. and 17th of Our Reign. Sign'd
Louis ) and below, by the King Lomenie.
The Att of Renunciation by the Infanta.
TH E Lady Maria Therefa, Infanta of both Spates ,
and by the Grace of God future Queen of France,
ddeft Daughter of the moft High, mod Excellent, and
Potent Prince, Don Philip IV. by the fame Grace Catho-
lick King of both Spates, my Lord, and of the moft High,
moft Excellent, Potent Princefs, the Lady Ifabella, Ca-
tholick Queen, who refts in glory. By this Inftrument
and A&: of Pv enunciation, and what is therein over and
above contain'd, be it notorious and manifeft, to thofe
tlrfii &a¥e any knowledge of it, in any., manner what-
ever it be, that by'thelec'ond and fourth Article of the
Treaty of my Marriage, promis'd with the moft High,
moft Excellent, and moft Potent Prince Louis XIV. moft
Chrifrian King of France, concluded in the Ifland call'd
the IJIe of Pheafants, in the River Bidajfoa, within the
Jurifdi&ion of the Province of Guipufcoa, and thefe King-
doms, with that of France, the 7th of November, of the
laft Year 1659. it was refolv'd and decreed, that the
King my Lord, becaufe, and in consideration of this Mar-
riage, and to the end I fhould.carry along with me my
Dowry, and my own proper Goods,fhould promife that
he would give me 500000 Crowns in Sun-Gold, which
fliould be paid and deliver'd at the place, and within the
'J ermsfpecified in the laid Article, to .the mo.ft Chriftian
King, or to fuch Perfon as fhould have his Power ; and
that after that,I fhould content my felf and reft fatisfied .
H 2 and
and defift from all Claims and Actions which belong'd,
or might belong to mo, either at prefent or for the fu-
ture, to the Eftates and Inheritance of the, moll Serene
Queen rhe Lady Ifabella my Mother, and to the future
Succeflion to the King my Lord, whom God have in
his keeping, and to all that might belong or appertain
to me as the Daughter and Heirefs of their Catholick
Ma jellies, and to their Right and 'Sovereignty, and to
any other Title thought of, or not thought of, known
or unknown , as well by the Paternal and Maternal
Line, direft or collateral, mediate or immediate ; and
that being to folemnize the Marriage by prefent pro-
mife, I muft relinquifla and renounce all my Rights and
Actions to the King my Lord, or to the Perfon who
fhall rept efent him ; and that it is his His Majeftie's Will
and Pleafure, as is ftipulated and declar'd more particu-
larly by the laid fecond and fourth Articles, which I have
read and heard red feveral times, being to confent that
this Acl: fhould be drawn up, and which I am willing
fhould be here inferted, and fet down Letter for Letter ,
and Word for Word.
The Seventeenth Article of Philip the Fourths Will confirm-
ing this Renunciation.
FOr the fulfilling of thefe Treaties, the Infanta, Ma-
dam Maria, my Daughter, palled that Renuncia-
tion under a folemn Oath in the City of Fontarabie,
June 2. 1660. Counter-fign'd by Don Ferdinand de Fon-
jeca Ruiz de Contera, our Secretary of State and Notary
Publick of thofe Kingdoms ; and altho' we hope that
the laid Infanta, our Daughter, and the mod Chriftian
King her Husband, will fulfil and obferve whatever is
above-mention'd , and whatever is over and above
con-
( 53 )
containM in the faid Treaty of Marriage, and in the
Renunciation, to be an Obligation of]u$icc and Con-
fcicnce ; ncverthclcfs, that we may by all the moft dii ecr.
ways Jccure the fulfilling of it" in a Matter and in
an Affair wherein confinVthc Peace and Repofe of all
Chriftendom, behaving our felves as we do in the Qua-
lity of a Father, and Natural Lord of all our King-
doms, Eftates and Dcmcfnes, by virtue of that Sove-
reign Authority, which we in all due Right pofTefs ,
to difpofe, and for the greateft benefit of our Subjects
and the common Caufe, to provide for their better Go-
vernment, and to prevent the great Damages that may
enfue from a Conjunction of the two Crowns, and their
Dependencies, of our own proper Motion, certain Know-
ledge and Royal and Abfolute Power, of which it is our
Pleafure to make ufe, and which we do make ufe of
with a notorious and entire AfTurance of the Example
of our Kingdoms and Dominions, by excluding the eld-
eft Children and their Pofterity, by reafon, and becaufe
of Treaties of Peace and Marriage, and for other Con-
federations Us thereunto moving, we declare, that die
moft Serene Infanta, Madam Maria Therefa, our Daugh-
ter, and the Children which fhe fhall have by this Mar-
riage, Male or Female, and their Poftery, (hall be and
remain excluded : And forafmuch as through neceflity
we exclude them from all Right or Hope which they
fhall or may have in any cafe whatever, that may hap-
pen to any of our Kingdoms, Eftates and Dominions, for
ever and ever, as if they had never been born. We de-
clare, That this Exclufion, and all that has been fettled,
and which we fettle, in confideration of it, in thePerfon
of th'e Infanta, Madam Maria Tharefa, our Daughter, and
her Pofterity by this Marriage, or Female, ought to
be fo obferv'd ; and forafmuch as there is a acceffity for
it.
( 54 )
it, We will and Command, that it beobferv'd, fulfilPd
and executed in the Perfon of the moft Serene Queen,
Madam Ann, our Sifter, and her Pofterity, in conformi-
ty to her Treaty before Marriage and the Renunciation,
and what his Majefry Don Philip III. our Lord and Fa-
ther fettled by his faid Law, and by his laft Will hove
recited, concerted and accorded between the two Crowns;
and we approve it upon the fame Conditions, and with
the fame Force as Laws ought to have, that are tfraiKed
and made among Sovereign Princes, ufing their abfolute
Power. And we revoke, annul, derogate and abrogate
all and every Law and Laws, Rights, Settlements and
Cuftoms, which may in any manner, whatever it were
or may be, hinder this Exclusion, as if every one were
exprefs'd, that particular rrienuOn were made of it. We
alfo declare, That if it ftioiiid fo, happen, which God
forbid, that the moil Serene Infanta, fhould come to be
a Widow, without having any lime by this Marriage,
and that he fhould return into Spain, for the convenien-
cy of the Publick good \ or , upon juft Confiderations,
fhould marry again with ourconfent, or of the Prince ,
our Son, after our deccafe. We Ordain, and fuch is
our Will and Pleafure, That neither the faid Exclufion
nor Renunciation (ball deprive her of any thing, but that
file and the Children of the fecond Wedhck, provided
it be not in France, may be capable of fucceeding in the
faid Kingdoms, Eftates, &c.
The Thirty third Article of the Treaty of tbj Pyrenees,
A
Nd to the end, that this Peace, Union, Confedera^
_ cyand good Correfpondcnce, may, as is defir'd
be fo much the more firm, durable, and indifTolvable',
the faid two Principal Minifters, the Cardinal Duke, and
the
( 55 ;
the Marquis Connt Duke, by Vertue of the fpecial Powers
1 which they had for this End, from their two Lords and Kings,
have agreed and concluded, in their Name, the Marriage of
the moil Chriftian King with the molt Serene Infanta, the La-
dy Mary Therefe, eld eft Daughter to the Catholick King, and
the fame Day of the date of thefe Prefents, have made and
flgn'd a particular Treaty* to which they refer concerning the
Reciprocal Conditions of the faid Marriage, and the Time of
its Celebration j which feparate Treaty, 'and the Capitulation
of Marriage, are of the fame Force and Vigor, with the prc-
fent Treaty of Peace, as being the principal and moft worthy
part of it, as well as thegreateft and moll precious Pledge o£
the Certainty of its Duration.
From all thefe Solemn and Authentic Afts' we may eafily
fee through the Juftice of the French Pretentions to the Suc-
ceflion of Spain. By thefe it is alfo evident that this Succef-
lion is in the Opinion of the United Wifdom of the SpanijJj
Nation,. contrary to their Intereft. There's no ground to al-
ledge, that it Is chang'd, as to that Matter* fince the making
of "this Treaty , for the Rcafons on which thefe Renunciations
were founded are permanent and durable, both in relation to
Europe and that particular Kingdom : The Precautions in their
King's Will againft admitting Foreigners into Offices of Truffc
and Council fig nine nothing , the whole Junto entrufted with
the Adminiftratlon is capable of being gain'd, and fo much the
more that they have a Cardinal-Prieft at their Head. Thre's
none fo likely to berray, or that have fo frequently betray'd
Kingdoms and States, as Men of that Order, when admitted
to any Hiareot Council or Action. It's the Intereft of Spain,
to endeavour as much as in them lies to have their Government
reftord on the Foot of thefe Treaties ; to encourage the Pre-
tenfions of the Imperial Family in the moft fecret and polite
Manner, and when any probable Attempts are made for affer-
ting them, to exert their whole Strength, and (hake off the
French Yoke , ; they muft otherwife refolve to become a Pro-
vince of France, and in a little time to lofe their Sovereignty ;
tho' they may retain the Name of it. They have Inftances
enough in Europe to convince them of the danger of being fo
treated , but there's no need of looking any farther than their
(¥)
new French Matters*, they have from time to time annc
other Soveraignties to their Grown*, by which they'haveag-\
grandiz'd themfclves and rmpoverinYd thofe Countries To uni-
ted, the better to keep. them under fubje&ion. Thatihis may not
be their Fate, they mult take fpecial care \ t\\3Vff^Enfflijh and
Dytch have not the ufc of their Ports deny'd them, and that r
Traders of thofe Nations be not difcourag'd by new Induko's *
upon their Bullion, or hindrance of their woollen Manufacto-
ries, &c. on any Pretence whatfoever r, for as we cannot well
drive a Mediterranean-Trade without the ufe of the Harbor
and particularly Cadiz, •, if once we be reftrain'd in that, iejifiH
* iflue in their own r'uine, and deprive them of the only Friends
that are capable to defend them in the enjoyment of what Liber-
ty they have left, or in the recovery of what they have loft.
POSTSCRIPT.
Since the Writing of this, the. Scene of Affairs in the North is
alter'd, by the defeat of the Mufcovites before Nerva r,
which, if duly improved, may be of great Advantage to the
Houfe of Anuria and thofe that joyn them, to bring the French
to Reafon. The Northern Crowns, being now deliver'd from
an impending Storm, are atleifure, if they pleafe, to affile his
Imperial Majefly with a conliderable Force by Sea -, and as this
may be of ufe to him -, it will be one of the beft Methods to
prevent their falling out betwixt themfelves : The Emperor has
' it in his Power, as they are Princes of the Empire, to give
them fuch Incouragement as may readily induce them to it.
ia that cafe the King ot Poland, by the Jealoufies of his new
Subjects, the Danger of loling his old Ones, and Promifes of
Favour which the Eniperor may grant him, will probably be
fore'd to lay down his Arms, and fo much the more readily,
that his Enemies are Victorious. Nor would it be improper
to encourage the Czar to turn his Arms Eaftward or Southerly,
where his Lawrels, that are Withefd by the Northern Frofts,
maybe reviv'd attain by the Beams of the Sun. This would
be one effectual Way to prevent new Troubles from the Turks,
and give his Imperial Majeity a good opportunity or' obliging
ibme other People to act more HkeChriftians.
f / a- / i
84 8
UNIVERSITY OF CALIFORNIA, LOS ANGELES
THE UNIVERSITY LIBRARY
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