Will. III.

refpectively. And that further provifion be firft made for 1700-1." the fecurity of the rights and liberties of the people." The new minifters fpoke for this refolution with great zeal; from which their friends made inferences in their favour, that certainly men, in the interefts of France, would not promote a defign fo deftructive of all they drove at. This was fo little of a piece with the reft of their conduct, that thofe, who were ftill jealous of their fincerity, looked on it as a blind to cover their ill defigns, and to gain them fome credit; for they could not but fee, that, if France was once poffeffed of the power and wealth of Spain, our laws and every thing that we could do to fupport them, would prove but feeble defences. The manner, in which the motion of the fucceffion was managed, did not carry in it great marks of fincerity. It was often put off from one day to another, and it gave place to the moft trifling matters. At laft, when a day was folemnly fet for it, and all people expected, that it should pass without any difficulty, Mr. Harley moved, that fome things previous to that might be first confidered. He obferved, that the hafte the nation was in, when the prefent government was settled, had made them go too faft, and overlook many fecurities, which might have prevented much mischief; and therefore he hoped they would not now fall into the fame error; fince nothing preffed them at prefent. He moved then that they would fettle fome conditions of government, as preliminaries, before they should proceed to the nomination of the person; that fo they might fix every thing, that was wanting, to make their fecurity compleat. This was popular, and took with many; and it had fo fair an appearance, that indeed none could oppofe it. Some weeks were fpent upon it. Sufpicious people thought, this was done on defign to blaft the motion, and to offer fuch extravagant limitations, as fhould quite change the form of the government, and render the crown titular and precarious. At laft, thefe preliminaries were agreed on :

Heads of the

I. That whoever shall hereafter come to the poffeffion of bill of fuccef- this crown, fhall join in communion with the Church of C. III. 130. England, as by law established.

fion. Pr. H.

II. That, in cafe the crown and imperial dignity of this realm shall hereafter come to any perfon not being a native of this kingdom of England, this nation be not obliged to engage in any war for the defence of any dominions or territories, which do not belong to the crown of England, without the consent of parliament.

III. That no perfon, who fhall hereafter come to the pof- Will. III. feffion of the crown, fhall go out of the dominions of Eng- 1700-1. land, Scotland, or Ireland, without confent of parliament.

IV. That, from and after the time, that the further limitation by this act shall take effect, all matters and things relating to the well governing of this kingdom, which are properly cognizable in the privy-council, by the laws and cuftoms of this realm, fhall be tranfacted there, and all refolutions taken thereupon fhall be figned by fuch of the privycouncil, as fhall advise and confent to the fame.

V. That, after the limitation fhall take effect, no perfon born out of the kingdom of England, Scotland, or Ireland, or the dominions thereunto belonging, although he be natu-. ralized, or made a denizen (except fuch as are born of English parents) shall be capable to be of the privy-council, or a member of either house of parliament, or to enjoy any office or place of trust, either civil or military, or to have any grant of lands, tenements, or hereditaments from the crown to himself, or to any others in truft for him.

VI. That no perfon who has an office or place of profit under the king, or receives a penfion from the crown, fhall be capable of ferving as a member of the house of commons.

VII. That, after the limitation shall take effect, judges commiffions be made, quamdiu fe bene gefferint, and their falaries afcertained and established. But, upon the address of both houses of parliament, it may be lawful to remove them.

VIII. That no pardon under the great-feal of England be pleadable to an impeachment by the commons in parlia

ment.

The king was alarmed at these proceedings, for almost every article implied a reflection on him and his adminiftration, chiefly that of not employing ftrangers, and not going out of the kingdom. All thefe, as well as moft of the other articles, were unacceptable to the king; fo many who had an ill opinion of the defign of those who were now at the helm, began to conclude, that the delays were affected, and that these limitations were defigned to raise disputes between the two houses, by which the bill might be loft. When fome time had been spent in thefe preliminaries, it came to the nomination of the perfon to the fucceffion, after the king and the princess of Denmark, and their heirs; Sir John Bowles, who was then difordered in his fenfes, and foon after quite loft them, was fet on by the party, to be the first who should name the electorets dowager of Brunswick;

which

Will.III. which feemed to be done to make it lefs ferious, when moved 1700-1. by fuch a perfon. He was, by the forms of the house, put

The duchess of Savoy protefts a gainst the

bill of fucceffion. Lamberty.

1. 504.

into the chair of the committee, to whom the bill was committed. The thing was still put off for many weeks. At every time that it was called for, the motion was entertained with coldness, which ferved to heighten the jealousy. The committee once or twice fat upon it, but all the members ran out of the house with so much indecency, that the contrivers feemed afhamed of this management. There were feldom fifty or fixty at the committee; yet in conclufion the bill paffed, and was fent up to the lords, where it was expected that great oppofition would be made to it. Some imagined, that the act was only an artifice, defigned to gain credit to thofe, who at this time were fo ill thought of over the nation, that they wanted fome colourable thing to excuse their own proceedings. Many of the lords abfented themfelves on defign. Some little oppofition was made by the marquis of Normanby; and four lords, the earls of Huntington and Plymouth, and the lords Guilford and Jefferies, protested against it (b). Those who wished well to the act, were glad to have it passed any way, and so would not examine the limitations that were in it. They thought it of great importance to carry the act, and that, at another time, thofe limitations might be better confidered. Thus the act passed, and the king fent it over by the earl of Macclesfield to the electress, with the Garter. It was reckoned a great point carried, that there was now a law in favour of a Proteftant fucceffor; for it was evident, that a ftrong party was formed against it, in favour of the pretended prince of Wales. He was now paft thirteen, bred up with a hatred both of the religion and conftitution of England, in an admiration of the French government; and yet many, who called themfelves Proteftants, feemed fond of fuch a fucceffor; a degree of infatuation, that might juftly amaze all who observed it, and faw the fury with which it was promoted.

In the mean time, the fettlement of the fucceffion was a great fubject of difcourfe and alarm abroad. Those popifh princes, who were defcended from the blood-royal of England, and were more nearly related to the crown than the princess So

(b.) Lamberty fays, (I. 499) Six lords came to the count de Briançon, and proposed to him, that the duke of Savoy fhould deliver up one of his fons to be educated in England in the Pro

teftant religion; declaring that in that cafe, the act for the Hanover fucceffion fhould never pafs. But the duke refufed to confent to it.

phia, were offended at being ftruck off from their remote Will. III. hopes, and prefumptive right. But the perfon more imme- 1700-1. diately concerned, as being nighest in blood, after the king and the princefs Anne, was the duchefs of Savoy, daughter to the late duchefs of Orleans, and grand-daughter to king Charles I; who therefore ordered count Maffey, ambassador from Savoy, to make a proteftation of her right, to this effect: "That Anne of Orleans, duchefs of Savoy, &c. "princess of the blood royal of England, by the royal prin"cefs of Great-Britain, Henrietta her mother, put fo high a "value upon that prerogative, that the gladly made use of the "opportunity that then offered, to fet it forth before the eyes "of the whole English nation, as an evidence the drew "from thence, of having a right to that august throne. "That therefore being informed, that it had been refolved "in the parliament, that, being the only daughter of the

late princess royal, Henrietta her mother, fhe was the next "in fucceffion after his majefty William III, and the prin"cefs Anne of Denmark, according to the laws and cuf"toms of England, which always preferred the nearest to "the remoteft line. That her title, being thus notoriously "known and indisputable, stood in need of no farther proof. "However, that the thought fit to proteft against all refo

lutions and decifions contrary thereto, in the best and most "effectual manner, that might be practised in such a case; "wherein the complied rather with custom than neceffity, "because she had fo great an idea of the wisdom and justice "of the king and parliament, that she had no cause to fear "they would do any thing prejudicial to her and her chil"dren."

This Savoy proteftation feemed to be an affront to king James, his queen, and the pretended prince of Wales; fince the duchefs of Savoy vouchfafed not to take the leaft notice of them, but fubftituted herfelf immediately after the princefs of Denmark, and thereby appeared to confirm the juft fufpicions of the pretender's birth.

pofed to

The king being very follicitous to defend the States of Articles proHolland from the infults and approaches that were made upon France. them by the French in Flanders, and, if poffible, to restore and preferve the balance of Europe, fent inftructions to Mr. Stanhope, envoy extraordinary to the States to enter into negotiations with the minifters of France and Spain, pursuant to the addreffes of both houfes. Accordingly Mr. Stanhope, after concerting matters with the States, delivered in propofals to the count d'Avaux, the French ambaffador at the

Hague,

Will. III. Hague, importing, that the king his mafter, and the States1700-1. general, had, on the 25th of March 1700, concluded a treaty of partition with the French, to prevent a new war, which they had all the reason to apprehend, in cafe the king of Spain fhould die without iffue; and that among other things, the principal aim of the contractors was to preferve peace, and particularly in thofe parts; but it was evident, that, though his most Christian majefty had thought fit to accept the will of the late king of Spain, going in this manner off from the partition, yet nevertheless his Britannic majefty must not lofe the effect of that treaty; that is to say, the peace and general tranquility; and that particular fecurity must be given him, by fome equivalent or otherwise. That for this end Mr. Stanhope had orders to propose the following points and articles.

That his moft Chriftian majefty fhall, in a certain time limited, as fhort a one as can be agreed on, withdraw all his troops out of the Spanish Netherlands, without leaving any there; and that he shall not be allowed the fending any thither; but that hereafter no troops fhall be kept in the Spanish Netherlands (except in the places of fecurity, which will be mentioned in the following article) but Spaniards, Walloons, or thofe of other fubjects of the monarchy of Spain exclufively, under the oath, and in the pay of Spain, and no troops of his moft Chriftian majefty, directly or indirectly; yet it fhall, nevertheless, be permitted to the king of Great-Britain, and the States-general, to fend troops for the defence of the Netherlands, whenever they fhall be lawfully required.

That, for the particular fecurity of his Britannic majefty, the cities of Oftend and Nieuport, with their ports, caftles, and citadels, and all the forts and fortifications thereunto belonging, fhall be given up to the exclufive care of his majesty; all in the condition which they are now in, with a power to put in what garrifon he pleases, either of his own troops, or of his allies, that he may defire for that use, and what troops he fhall think fit, whilft France or Spain fhall not be permitted to put the leaft garrison, or to build behind, or about thefe cities, ports, and fortreffes, any other forts, lines, or fortified works, or to do any thing, that might caufe a prejudice to the guarding of these cities and fortreffes, and hinder its effect.

That his Britannic majefty may augment, diminish, and change the garrifons of these cities and fortreffes, as often as he fhall think fit, and fend thither provisions, ammunition,

arms,