페이지 이미지
PDF
ePub

Commonwealths, Potentates, Communities, and to all perfons, as well present as to come, we make known by these presents; that the fear of the union of the crowns of France and Spain, having been the prin cipal motive of the prefent war, and the other Powers of Europe having always apprehended left these two crowns fhould come upon one head, it has been laid down as the foundation of the peace, which is treated of at prefent, and which it is hoped may be cemented more and more, for the repofe of fuch a number of countries which have facrificed themfelves, as fo many victims, to oppofe the dangers wherewith they thought themselves threatened, that it was neceffary to establifh a kind of equality and equilibrium between the Princes who were in difpute, and to feparate for ever, in an irrevocable manner, the rights which they pretend to have, and which they defended, fword in hand, with a reciprocal flaughter on each fide.

That with intent to establish this equality, the Queen of Great Britain propofed, and upon her inftances it has been agreed by the King, our most honoured lord and uncle, and by the Catholic King, our most dear nephew, that for avoiding at any time whatsoever the union of the crowns of France and Spain, reciprocal renunciations fhould be made, that is to fay, by the Catholic King Philip the Fifth our nephew, for himself, and for all his defcendants, of the fucceffion to the crown of France; as alfo by the Duke of Berry, our most dear nephew, and by us, for ourselves, and for all our defcendants, of the crown of Spain; on condition likewife, that neither the Houfe of Auftria, nor any of the defcendants thereof, fhall be able to fucceed to the crown of Spain, because this House itself, without the union of the Em-' pire, would become formidable, if it fhould add a new power to its ancient dominions; and confequently this equilibrium, which is defigned to be established for the good of the Princes and States of Europe, would ceafe. Now it is certain, that without this equilibrium,

F 4

equilibrium, either the states fuffer from the weight of their own greatness, or envy engages their neighbours to make alliances to attack them, and to reduce them to fuch a point, that thefe great Powers may inspire lefs fear, and may not afpire to an univerfal monarchy.

For attaining the end which is propofed, and by reafon that his Catholic Majefty has on his part made his renunciation the fifth of this prefent month, we confent that, in failure of Philip the Fifth, our nephew, and of his defcendants, the crown of Spain do pafs over to the Houfe of the Duke of Savoy, whose rights are clear and known, inafmuch as he defcends from the Infanta Catharina, daughter of Philip the Second, and as he is called by the other Kings his fucceffors; fo that his right to the fucceffion of Spain is indifputable.

And we defiring on our fide to concur towards the glorious end, which is propofed for re-establishing the public tranquillity, and for preventing the fears which the rights of our birth, or all others which might appertain unto us, might occasion, have refolved to make this relinquifhment, this abdication, and this renunciation of all our rights, for ourselves, and in the name of all our fucceffors and defcendants; and for the accomplishing of this refolution, which we have taken of our mere, free, and frank will, we declare and hold ourfelves from this prefent, us, our children, and descendants, for excluded and disabled, abfolutely, and for ever, and without limitation or distinction of perfons, of degrees, and of fexes, from every act, and from all right of fucceeding to the crown of Spain. We will and confent, for us and our defcendants, that from this time, and for ever, we be held, we and ours, for excluded, difabled, and incapacitated, in whatever degree we may happen to be, and in what manner foever the fucceffion may fall to our line, and to all others, whether of the Houfe of France or of that of Auftria, and of all the defcendants both of the one

and

and the other Houfe, which, as it is faid and fuppofed, ought likewise to hold themselves for cut off and excluded; and that for this reafon, the fucceffion to the faid crown of Spain be deemed to be devolved and transferred to him to whom the fucceffion of Spain ought to be transferred, in fuch cafe, and at any time whatsoever; fo that we do take and hold him for true and lawful fucceffor, becaufe neither we, nor our defcendants, ought any more to be confidered as having any foundation of representation, active or paffive, or making a continuation of a line effective, or contentive of fubftance, blood, or quality, nor ought we to derive any right from our defcent, or reckon the degrees from Queen Anne of Auftria, our most honoured lady and grandmother, nor from the glorious Kings her anceftors. On the contrary, we ratify the renunciation which the faid lady Queen Anne made, and all the claufes which the Kings Philip the Third and Philip the Fourth inferted in their wills. We renounce in like manner all the right which may appertain to us, and to our children and defcendants, by virtue of the declaration made at Madrid, the twenty-ninth of October 1703, by Philip the Fifth King of Spain, our nephew; and any right which might appertain to us, for us, and our defcendants, we relinquish the fame, and renounce it for us and for them; we promise and engage, for us, our faid children and defcendants, prefent and to come, to employ ourselves, with all our might, in caufing thefe prefents to be obferved and fulfilled, without allowing or fuffering that directly or indirectly the fame be violated, whether in the whole or in part. And we relinquish all means, ordinary or extraordinary, which by common right, or any fpecial privilege, might appertain to us, our children, and defcendants; which means we renounce abfolutely, and in particular that of evident, enormous, and most enormous prejudice, which may be found in the renunciation of the fucceffion to the faid crown of Spain; and we will that any of the faid means neither may

nor

nor can serve or avail us. And if under this pretext, or any other colour whatever, we would poffefs ourfelves of the faid kingdom of Spain by force of arms, that the war which we fhould make, or ftir up, be held for unjuft, unlawful, and unduly undertaken; and that on the contrary, that which he should make upon us, who by virtue of this renunciation fhould have right to fucceed to the crown of Spain, be held for juft and allowable; and that all the fubjects and people of Spain do acknowledge him, obey him, defend him, do homage to him, and take the oath of fealty to him, as to their King and lawful lord.

And for the greater affurance and fecurity of all that we fay and promife, for us, and in the name of our fucceffors and defcendants, we fwear folemnly on the holy Gospels contained in this Miffal, whereon we lay our right hand, that we will keep, maintain, and fulfil the fame, wholly and entirely; and that we will at no time afk to have ourfelves relieved therefrom; and if any perfon asks it, or if it is granted us motu proprio, we will not make ufe or avail ourselves thereof; but rather, in case it should be granted us, we make another oath, that this fhall fubfift and remain for ever, what difpenfation foever may be granted us. We further fwear and promife, that we have not made, neither will we make, either in public or in fecret, any proteftation or reclamation to the contrary, which may hinder that which is contained in these presents, or leffen the force thereof, and if we fhould make any, what oath foever they may be attended with, they fhall not have either force or virtue, or produce any effect.

And for greater fecurity, we have paffed and do pafs the prefent act of renunciation, abdication, and relinquifhment, before mafters Anthony le Moyne and Alexander le Fevre, counfellors to the King, nofaries, minute-keepers, and feal-keepers at the Chatelet of Paris, here-under written, in our palace royal at Paris, 1712, the nineteenth of November, before

noon;

noon; and for eaufing thefe prefents to be infinuated and registered in every place where it fhall appertain, we have constituted the bearer to be our attorney, and we have figned these presents, and the minute thereof remaining in the poffeffion of the faid le Fevre, notary. PHILIP OF ORLEANS. Le Moyne, Le Fevre.

WE Jerome d'Argouges, Knight, Lord of Fleury, counsellor to the King in his councils, honorary master of the requests of his household, civil lieutenant of the city, provoftship, and vicounty of Paris, do certify to all to whom it fhall appertain, that master Anthony le Moyne, and Alexander le Fevre, who have figned the act of renunciation on the other fide, are counfellors to the King, notaries at the Chatelet of Paris, and that faith ought to be given, as well in judgment as out of the fame, to the acts by them received. In witnefs whereof we have figned these presents, caused the fame to be counter-figned by our fecretary, and the feal of our arms to be affixed. At Paris, the twenty-firft of November, 1712.

(Signed)

D'Argouges.

By my faid Lord, Barbey.

Read and published, the court being affembled, and registered in the rolls of the court, the King's attorney general being heard and requiring the fame, that it may be executed according to its form and tenor, in purfuance of, and in conformity to the acts of this day. At Paris, in parliament, the fifteenth of March, 1713.

[blocks in formation]

The King's Letters Patents of the Month of December,

1700.

LEWIS, by the grace of God, King of France and Navarre; to all prefent and to come, greeting.

The

« 이전계속 »