arms, materials for fortifications, and, in general, all that Will. III. may be fit and neceffary for the ufe of the garrifons and for- 1700-1. tifications, without any hindrance by fea or by land, directly

or indirectly.

That his majefty fhall have the full power and authority over these cities, ports, caftles, and fortifications, where he fhall have fuch his garrifons and commanders as he shall think fit; faving, and without prejudice to the other rights and revenues of Spain over and in these castles.

That, befides, his Britannic majesty shall have liberty to fortify and repair the fortifications of thefe cities, ports and fortreffes, as he fhall think proper; and in general to do all that he shall find neceffary for their defence. That no kingdoms, provinces, cities, lands, or places, belonging to the crown of Spain, within as well as out of Europe, and particularly no cities, places, or lands of the Spanish Netherlands, fhall be allowed to be yielded or transferred, nor be able to devolve or come to the crown of France, by donation, purchafe, exchange, contract of marriage, fucceffion by will, or inteftate, nor by any other title that can be; and that they fhall not be liable to be fubjected to the power or the authority of his moft Chriftian majefty in any manner.

That the fubjects of his Britannic majefty fhall keep and enjoy all the privileges, rights, immunities, and other advantages, in the dominions and kingdoms of Spain, as well within as out of Europe, and by confequence alfo in the Spanish Netherlands, both in regard to their navigation, commerce, and liberty of the ports, and every thing elfe which they did enjoy, or ought to have enjoyed, at the death of the late king of Spain; and that thus every thing whatever, exexcept that about which it fhall be otherwife agreed in the treaty to be made, fhall be left in the condition in which it was at the death of the late king of Spain.

That all the treaties of peace and commerce, and other conventions between England and Spain, fhall be renewed in the manner it fhall be agreed on together, as far as it fhall be changed by the treaty that fhall be made.

That, befides this, the fubjects of his Britannic majesty hall enjoy, in the kingdoms, dominions, cities, places, bays and harbours, of the crown of Spain, within and without Europe, the fame privileges, rights and franchifes, as alfo all the immunities and advantages, which the fubjects of his moft Chriftian majefty, or of any other prince or potentate enjoy, as well those which fhall be granted to any of them, and which they fhall hereafter enjoy. G

VOL. XV.

That

Will.III.

That it fhall be promifed folemnly, on the part of France, 1700-1. and of Spain, that this fhall be exactly performed in all thefe points in general, and in each in particular.

They are

to the king

Cole.

That the treaty, to be made on this fubject, fhall be guaranteed by fuch kings, princes, and potentates, which the one or the other of the contractors fhall defire to do it, and that in the strongest manner they shall think fit.

All this to be done, with a reserve, to enlarge on these points in the negotiation, as much as fhall be found neceffary, to clear up their true fenfe and intention, as also to prevent all forts of difputes.

These propofals were the fame they feconded by others from the States-general, which agreed with them in every thing material, except that instead of Nieuport and Oftend, which were demanded by king William, as cautionary towns, the States required to have thofe of Venlo, Ruremond, Stevenfwaert, Luxemburg, Namur, Charleroy, Mons, Dendermonde, Damme, and St. Donas, with all their appur

tenances.

The French ambaflador, after hearing both thefe propotranfmitted fals read, feemed greatly furprized, faying, that, as he exof France. pected the king of England and States-general would demand to have the French troops withdrawn out of the Spanish Netherlands, fo he came prepared to give fatisfaction in that article, by affuring, that it fhould be done as foon as the king of Spain fhould have forces of his own to guard the country; but, as to the other articles, they were fuch, as could not be higher, if his mafter had loft four battles; fo that it was impoffible he could give them any other answer for the prefent, than that he would tranfmit them to the king; as he did the fame night. He added, that it seemed as if the States refolved to have war, and confirmed the advices he had from the French minifter at Vienna, that they had lately concluded and figned a league with the emperor. From this charge the Dutch deputies cleared themselves, by abfolutely denying that there was any fuch treaty, and alledging that it was notorious to all the world how much the States were inclined to peace, when they might have it with fecurity, which was all they aimed at by thefe proposals.

The French, feeing thefe demands of the English and Dutch run fo high, and being refolved to offer no other fecurity for the peace of Europe, but the renewal of the treaty of Ryfwick, fet all their engines at work in England, to involve us into fuch contentions at home, as should both difable us from taking any care of foreign affairs, and make

the

2

the rest of Europe conclude, that nothing confiderable was Will. III. to be expected from England. In this they were but too 1700-1. well feconded by the parliament, as will prefently appear.

III. 131.

On the 18th of March, the king fent a meflage to the The king ac commons by Mr. fecretary Hedges, importing, "That his quaints the parliament majefty having directed Mr. Stanhope, his envoy extra- with thefe ordinary and plenipotentiary at the Hague, to enter into proceedings. "negotiations in concert with the States-general, and other Pr. H. C. "potentates, for the mutual fecurity of England and Hol"land, according to an address of their houfe to that effect; "and that Mt. Stanhope having tranfmitted to his majesty "copies of the demands made by himself and the deputies "of the States, upon that fubject, to the French ambafla"dor there; his majefty had thought fit to communicate "the fame to the commons; it being his intention to ac"quaint them from time to time with the ftate and progrefs "of these negotiations, into which he had entered pursuant "to their addrefs."

treaty.

When this meffage was confidered by the commons on the Addrefs on 21ft of March, and the proposals of Mr. Stanhope and the the partition Dutch deputies to the French ambaffador were read, they re- Ibid. folved, that the treaty of partition be read likewife; which being done, they voted, "That an humble addrefs be pre"fented to his majesty, to return the thanks of this house "for his gracious meffage, wherein he is pleafed to com"municate his royal intentions to acquaint this house from "time to time with the ftate and progrefs of thofe negotia"tions, into which his majesty has entered pursuant to the "addrefs of this houfe: and alfo to lay before his majefty "the ill confequences of the treaty of partition (paffed un"der the great feal of England, during the fitting of parliament, and without the advice of the fame) to this king"dom and the peace of Europe, whereby fuch large terri"tories of the king of Spain's dominions were to be delivered "up to the French king."

:

When this addrefs was prefented to the king, he fomewhat refented the unkindness of it, and thought there was much more reafon to complain of the perfidious breach of the treaty, than of the making of it. However, without taking any notice of that part of the addrefs, he returned the following anfwer: "That he was glad that they were pleafed with "his communicating to them the ftate of the negotiations he "had entered into; and that he should continue to inform "them of the progrefs that fhould be made in them; and be always willing to receive their advice thereupon, being G 2

fully

Will. III. fully perfuaded, that nothing could contribute more ef1700-1. "fectually to the happiness of the kingdom, and the peace "of Europe, than the concurrence of the parliament in all "his negotiations, and a good underftanding between him " and his people."

charged in

house of

lords. Burnet.

The partiBut the lords had, before this, on the 17th of March, ention treaty tered upon the confideration of the partition treaty, the debate being begun by Sheffield, marquis of Normanby, and the reft of the Tories. This they managed with great dexterity, while the matter was as much neglected by the king, who went that day to Hampton-Court, where he ftaid fome time. By this means no directions were given, and those who had been concerned in the treaty, were involved in great difficulties before the court was aware of it. The king either could not prevail with his new minifters to excuse the treaty, if they would not juftify it; or he neglected them fo far, as not to speak to them at all about it. Those who attacked it, faid, they meant nothing in that but to offer the king advices for the future, to prevent fuch errors as had been committed in that treaty, both as to matter and form. They blamed the giving fuch territories to the crown of France, and the forfaking the emperor. They also complained of the fecrecy, in which the treaty was carried on, it not being communicated to the English council or miniftry, but privately tranfacted by the earls of Portland and Jerfey. They blamed likewife the putting the great feal, firft to blank powers, and then to the treaty itfelf; which, the king's new minifters faid, was unjuft in the contrivance, and ridiculous in the execution (a). To all this it was answered, that, there

(a) The treaty was likewife treated with great feverity of language in the books and pamphlets of that time. Davenant, in his Effay upon the Balance "of Power,' represents, that the authors of the treaty, "knew "well enough that it must bring "difficulties almolt infuperable "upon any future miniftry. "They could not (fays he) but "forefee, that the prodigious "increase of power and strength "which the partition treaty, "had it taken effect, gave to "the French, would to the laft

there not being a force ready and fufficient to hinder the Will.III. French from poffeffing themselves of the Spanish monarchy, 1700-1. which

" and kingdoms, than probably "they could have obtained by "the fword, attended still with "victory in the course of a hun

dred years? But the emperor "did not acquiefce in it. Por"tugal temporifed, but would "poffibly have declared against "it, if any ftrong alliance had "been formed. The Conclave "began to tremble. Venice did “ not think it fafe; and all the princes and ftates of Italy began to find it high time to enter "into alliances for their common preservation. Of all this, "war must have been the confe"quence." Dr. Drake, in his History of the last Parliament,' endeavours to fhew, that the late king of Spain's will was the product of the partition treaty; and that, if France had abode by that treaty, the balance of Europe had been as effectually broken, as it was by their acceptance of the king of Spain's will. Under this fecond head he remarks, that, "the "poffeffion of Naples and Si

'

pretence to feize on the trea"fures of the Weft-Indies, and, "like a kind neighbour, to "have convoyed the galleons "into their own harbours.”

cily, and all the Spanish de"pendencies on the coaft of "Tuscany, with the adjacent "iflands, Santo Stephano, Por"to Hercole, Orbitello, Tela66 mone, Porto Longone, Piom- The treaty was alfo animad"bino, Final, with the mar- verted upon, in a pamphlet, en"quifate belonging to it, Fon- titled, An account of the de"tarabia, St. Sebaftian, with bate in town concerning peace "the whole province of Gui- and war, in letters to a genpufcoa, &c. gave the Frenchtleman in the country.' The "fuch a number of good har- third letter of which is directly "bours in the Mediterranean, against the partition treaty, the that the advantages of them, reafons for which are reprefented "improved with their ufual ap- as merely plaufible, but not foG 3

lid;