throne, among fuch illuftrious and well-deferving vaffals, I have determined to abdicate, for myself, and all my defcendants, the right of fucceeding to the crown of France, defiring not to depart from living and dying with my beloved and faithful Spaniards; leaving to all my defcendants the infeparable bond of their fidelity and love. And to the end that this refolution may have its due effect, and that the matter may cease, which has been looked upon as one of the principal motives of the war, which has hitherto afflicted Europe, of my own motion, free, fpontaneous, and unconstrained will, I Don Philip, by the grace of God, King of Caftille, Leon, Arragon, the Two Sicilies, Jerufalem, Navarre, Granada, Toledo, Valencia, Galicia, Majorca, Seville, Sardinia, Corduba, Corfica, Murcia, Jaen, the Algarves, Algezira, Gibraltar, the Canary Islands, the East and West Indies, the islands, and terra firma of the ocean, Archduke of Auftria, Duke of Burgundy, Brabant, and Milan, Count of Habfpurg, Flanders, Tirol, and Barcelona, Lord of Bifcay and Molina, &c. do by this prefent inftrument, for myself, for my heirs and fucceffors, renounce, quit, and relinquifh for ever and ever all pretenfions, rights, and titles, which I have, or any defcendant of mine hath at prefent, or may have at any time to come, to the fucceffion of the crown of France; and I declare, and hold myself for excluded and feparated, me, and my fons, heirs, and defcendants for ever, for excluded and difabled abfolutely, and without limitation, difference, and distinction of perfons, degrees, fexes, and times, from the act and right of fucceeding to the crown of France. And I will and confent, for myfelf, and my faid defcendants, that now, as well as then, it may be taken to be paffed over and transferred to him, who by mine and their being excluded, difabled, and incapacitated, fhall be found next and immediate in degree to the King, by whofe death it fhall become vacant; and the fucceffion to the faid crown of France is at any time, and in any cafe, to be fettled on, and given to him,

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to have and to hold the fame as true and lawful fucceffor, in the fame manner as if I and my defcendants had not been born, or been in the world; fince for fụch are we to be held and efteemed, because in my-perfon, and in that of my defcendants, there is no confideration to be had, or foundation to be made of active or paffive representation, beginning, or continuation of lineage effective, or contentive of fubftance, blood, or quality, nor can the defcent, or computation of degrees of thofe perfons be derived from the Moft Chriftian King, my lord and grandfather, nor from the dauphin my father, nor from the glorious Kings their progenitors; nor by any other means can they come into the fucceffion, nor take poffeffion of the degree of proximity, and exclude from it the perfon, who, as is abovefaid, fhall be found next in degree. I will and confent for myself, and for my defcendants, that from this time, as well as then, this right be looked upon and confidered as paffed over and transferred to the Duke of Berry my brother, and to his fons and defcendants, being males, born in conftant lawful marriage; and in default of his male iffue, to the Duke of Orleans my uncle, and to his fons and defcendants, being males, born in constant lawful marriage; and in default of his iffue, to the Duke of Bourbon my coufin, and to his fons and defcendants, being males, born in conftant lawful marriage; and in like manner fucceffively to all the princes of the blood of France, their fons and defcendants, being males, for ever and ever, according to the place and order in which they fhall be called to the crown by right of their birth; and confequently to that perfon among the faid princes, who (I and all my faid defcendants being, as is abovefaid, excluded, difabled, and incapacitated) fhall be found the neareft in immediate degree after that King, by whofe death the vacancy of the crown of France fhall happen, and to whom the fucceffion ought to belong at any time, and in any case whatsoever, that he may poffefs the fame as true and lawful fucceffor, in the fame manner as if I, and my defcendants,

defcendants, had not been born. And for the greater ftrength of this act of abdication of all the rights and titles which appertained to me, and to all my fons and defcendants, of fucceeding to the aforefaid crown of France, I depart from, and relinquifh efpecially that which might moreover accrue to the rights of birth from the letters patents, or inftrument, whereby the King my grandfather preferved and referved to me, and enabled me to enjoy the right of fucceffion to the crown of France, which inftrument was dispatched at Versailles in the month of December, in the year 1700, and paffed, and approved, and registered by the parliament. I will that it cannot ferve me for a foundation to the purposes therein provided for, and I reject and renounce it, and hold it for null, void, and of no force, and for cancelled, and as if no fuch inftrument had ever been executed. I promife and oblige myself, on the faith of a King's word, that as much as fhall relate to my part, and that of my fons and defcendants, which are and fhall be, I will take care of the obfervation and accomplishment of this writing, without permitting or confenting that any thing be done contrary thereunto, directly or indirectly, in the whole, or in part; and I relinquish and depart from all and all manner of remedies, known or unknown, ordinary or extraordinary, and which by common right, or fpecial privilege, might belong to us, to me, and to my fons and defcendants, to reclaim, mention, or allege against what is abovefaid; and I renounce them all, and efpecially that of evident prejudice, enormous, and moft enormous, which may be reckoned to have happened in this relinquifhment and renunciation of the right of being able at any time to fucceed to the crown aforementioned. I will that none of the faid remedies, nor others, of whatsoever name, ufe, importance, and quality they may be, do avail us, or can avail us. And if in fact, or under any colour, we should endeavour to feize the faid kingdom by force of arms, by making, or moving war, offenfive or defenfive, from this time for ever, that is to

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be held, judged, and declared, for an unlawful, unjust, and wrongfully undertaken war, and for violence, invafion, and ufurpation, done against reafon and conscience; and on the contrary, that is to be judged and esteemed a juft, lawful, and allowed war, which fhall be made or moved in behalf of him, who by the exclufion of me, and of my faid fons and defcendants, ought to fucceed to the faid crown of France, to whom the fubjects and natives thereof are to apply themselves, and to obey him, to take and perform the oath and homage of fealty, and to serve him as their lawful king and lord. And the relinquishment and renunciation, for me, and my faid fons and defcendants, is to be firm, stable, valid, and irrevocable perpetually, for ever and ever. And I declare and promife, that I have not made, neither will I make, any proteftation or reclaiming, in public or in fecret, to the contrary, which may hinder or diminish the force of what is contained in this writing; and that if I should make it, although it be fworn to, it is not to be valid, neither can it have any force; and for the greater ftrength and fecurity of what is contained in this renunciation, and of what is faid and promised on my part therein, I give again the pledge of my faith, and royal word, and I fwear folemnly by the gofpels contained in this miffal, upon which I lay my right hand, that I will obferve, maintain, and accomplish this act and inftrument of renunciation, as well for myself as for all my fucceffors, heirs, and descendants, in all the claufes therein contained, according to the most natural, literal, and plain fenfe and conftruction; and that I have not fought, neither will I feek, any difpenfation from this oath; and if it fhall be fought for by any particular perfon, or fhall be granted motu proprio, I will not use it, nor take any advantage of it. Nay in fuch cafe as that it fhould be granted me, I make another the like oath, that there may always be and remain one oath above and beyond all difpenfations which may be granted me. And I deliver this writing before the prefent fecretary, notary of this my kingdom, and I have figned it, and commanded it VOL. II.

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to be fealed with my royal feal; there being provided, and called as witneffes, the Cardinal Don Francisco de Judice, inquifitor general, and archbishop of Montreal, one of my council of ftate; Don Jofeph Fernandez of Velafco and Tobar, conftable of Caftille, Duke of Frias, gentleman of my chamber, my high fteward of my household, great cup-bearer, and great huntsman ; Don Juan Claros Alfonfo Perez de Gusman el Bueno, Duke of Medina Sidonia, knight of the Order of the Holy Ghoft, my great master of the horse, gentleman of my chamber, and one of my council of ftate; Don Francifco Andres de Benavides, Count of Santiftevan, one of my council of ftate, and high fteward to the Queen; Don Carlos Homodei Laco de la Vega, Marquis of Almonacir, and Count of Cafa Palma, gentleman of my chamber, one of my council of state, and great master of the horse to the Queen; Don Reftayno Cantelmo, Duke of Popoli, knight of the Order of the Holy Ghoft, gentleman of my chamber, and captain of my Italian life-guards; Don Fernando of Aragon and Moncada, Duke of Montalto, Marquis of los Velez, commander of Silla and Benaful in the Order of Monteffa, gentleman of my chamber, and one of my council of ftate; Don Antonio Sebastian de Toledo, Marquis of Manfera, gentleman of my chamber, one of my council of state, and prefident of that of Italy; Don Juan Domingo of Haro and Guzman, great commander in the Order of St. James, one of my council of state; Don Joachim Ponce de Leon, Duke of Arcos, gentleman of my chamber, great commander in the Order of Calatrava, one of my council of ftate; Don Domingo de Giudice, Duke of Giovenazzo, one of my council of ftate; Don Manuel Coloma, Marquis of Canales, gentleman of my chamber, one of my council of state, and captain general of the artillery of Spain; Don Jofeph de Solis, Duke of Montellano, one of my council of state; Don Rodrigo Manuel Manrique de Lara, Count of Frigiliana, gentleman of my chamber, one of my council of state, and prefident of that of the Indies; Don Ifidro de la Cueva, Marquis of Bednar, knight