Page images
PDF
EPUB

Spain, who were to affemble for this purpofe; by making an immoveable balance to maintain the equilibrium, which is intended to be placed in Europe, and by going on to particularife all the cafes of union which are foreseen, to ferve as an example for all fuch as may happen. It has likewife been agreed and concluded between the King, our most honoured lord and grandfather, King Philip the Fifth, our brother, and the Queen of Great Britain, that the faid King Philip fhall renounce for himself, and for all his defcendants, the hopes of fucceeding to the crown of France; that on our fide we fhall renounce in like manner, for us, and for our defcendants, the crown of Spain; that the Duke of Orleans, our moft dear uncle, fhall do the fame thing: fo that all the lines of France and of Spain, refpectively and relatively, fhall be excluded for ever, and by all kind of ways, from all the right which the lines of France might have to the crown of Spain, and the lines of Spain to the crown of France; and laftly, that care fhall be taken, that under pretence of the faid renunciations, or under any other pretence whatsoever, the House of Austria may not make use of the pretenfions which it might have to the fucceffion of the monarchy of Spain; forafmuch as by uniting this monarchy to the hereditary countries and dominions of that House, it would become formidable, even without the union of the Empire, to the other Powers, which are between both, and which would find themselves as it were furrounded; which would deftroy the equality that is establishing at prefent, to fecure and ftrengthen more perfectly the peace of Chriftendom, and to take away all manner of jealoufy from the Powers of the North and of the Weft, which is the end that is propofed by this political equilibrium, by removing and excluding all these branches, and calling to the crown of Spain, in default of the lines of King Philip the Fifth, our brother, and of all his children and defcendants, the Houfe of the Duke of Savoy, which defcends from the Infanta Catharina, daughter

of

of Philip the Second; it having been confidered, that in making the faid Houfe of Savoy fucceed immediately in this manner, this equality and balance between the three Powers may be fixed as it were in its centre, without which it would be impoffible to extinguish the flame of war which has been kindled, and is capable of destroying every thing.

Being willing therefore to concur by our relinquishment, and by the abdication of all our rights, for us, our fucceffors, and defcendants, to the establishing of the univerfal repofe, and the fecuring the peace of Europe, because we believe that this method is the fureft and moft effectual in the terrible circumstances of this conjuncture, we have refolved to renounce the hopes of fucceeding to the crown of Spain, and all the rights thereunto, which belong to us, and may belong to us, under any title, and by any means whatfoever. And to the end that this refolution may have its full effect, and alfo by reason that King Philip the Fifth, our brother, did on his part, the fifth of this prefent month of November, make his renunciation of the crown of France, we of our mere, free, and frank will, and without being moved thereunto by any refpectful awe, or by any other regard, except thofe above-mentioned, do declare, and hold ourfelves from this prefent, we, our children, and defcendants, excluded and difabled abfolutely for ever, without limitation or diftinction of perfons, degrees, or fexes, from every act, and from all right of fucceeding to the crown of Spain. We will and confent, for us, our faid children, and defcendants, that from this time, and for ever, we and they, in confequence of thefe prefents, be held to be excluded and difabled, in like manner as all the other defcendants of the House of Auftria, who, as it has been faid and fuppofed, ought alfo to be excluded, in whatever degree we may be, both the one and the other; and if the fucceffion falls to us, our line, that of all our defcendants, and all the others of the House of Austria, as it has been said, ought to be feparated and excluded therefrom,

F 2

therefrom, that for this reafon the kingdom of Spain be accounted as devolved and transferred to him, to whom in fuch cafe the fucceffion ought to devolve and be transferred at any time whatfoever, fo that we do take and hold him for true and lawful fucceffor, because for the fame reasons and motives, and in confequence of these presents, neither we, nor our defcendants, ought any more to be confidered as having any foundation of representation, active or paffive, or making any continuation of line effective, or contentive of fubftance, blood, or quality, or likewife to derive any right from our descent, or to reckon our degrees from the perfons of the Queen Maria Therefa of Austria, our most honoured lady and grandmother, of the Queen Anne of Auftria, our most honoured lady and great-grandmother, or of the glorious Kings their ancestors; on the contrary, we ratify the claufes of their wills, and the renunciations made by the faid ladies, our grandmother and great-grandmother; we renounce likewise the right which may belong to us, and to our children and defcendants, by virtue of the will of King Charles the Second, which, notwithstanding what is above-mentioned, calls us to the fucceffion of the crown of Spain, in cafe of failure of the line of Philip the Fifth. We therefore relinquish this right, and renounce the fame, for us, our children, and defcendants; we promise and engage, for us, our faid children and defcendants, to employ ourselves with all our might in caufing this prefent act to be fulfilled, without allowing or fuffering that the fame be violated, directly or indirectly, in the whole or in part; and we relinquifh all means, ordinary or extraordinary, which by common right, or by any fpecial privilege, might belong to us, our children, and defcendants; which means we likewife renounce abfolutely and particularly, that of evident, enormous, and most enormous prejudice, which may be found in the faid renunciation of the fucceffion to the crown of Spain. And we will, that none of the faid means may or can have

any

any effect, and that if, under this pretext, or any other colour, we would poffefs ourselves of the faid kingdom by force of arms, the war which we fhould make, or ftir up, be deemed unjuft, unlawful, and unduly undertaken. And on the contrary, that the war which he should make upon us, who by virtue of this renunciation should have right to fucceed to the crown of Spain, be deemed juft and allowable. And that all the fubjects and people of Spain do acknowledge him, obey him, defend him, do him homage, and swear fealty to him, as to their King and lawful lord.

And for the greater fecurity of all that we fay and promise for ourselves, and in the name of our children and defcendants, we fwear folemnly on the Gofpels contained in this Miffal, upon which we lay our right hand, that we will keep, maintain, and fulfil the same in all and every part thereof; that we will never ask to be relieved from the fame, and if any one do ask it for us, or if it be granted us motu proprio, we will not make use or take advantage of it. But rather, in cafe it should be granted us, we over and above make this other oath, and this fhall fubfift and remain for ever, whatever difpenfations may be granted us. fwear and promife likewife, that we have not made, neither will we make, in public or in fecret, any protestation or reclamation to the contrary, which may hinder what is contained in these presents, or leffen the force thereof; and if we should make any, whatever oaths they may be accompanied with, they fhall not have any force or virtue, or produce any effect.

We

In witness whereof, and to render these prefents authentic, they have been paffed before mafters Alexander le Fevre, and Anthony le Moyne, counfellors to the King, notaries, minute-keepers to his Majefty, and feal-keepers in the Chatelet of Paris, here-under written, who have wholly delivered this prefent act; and for causing these presents to be published and registered, wherever it fhall be neceffary, my Lord the Duke of Berry has conftituted the bearers of thefe difpatches,

by duplicates thereof, his general and special attornies, to whom my faid Lord has, by thefe faid presents, given special power and authority in that behalf. At Marly, the twenty-fourth day of November, 1712, before noon, and has figned the prefent duplicate and another, and the minute thereof remaining in the hands of the faid le Moyne, notary.

[blocks in formation]

WE Jerome d'Argouges, Knight, Lord of Fleury, counfellor to the King in his councils, honorary master of the requests of his household, civil lieutenant of the city, provoftfhip, and vicounty of Paris, do certify to all to whom it may appertain, that mafters Alexander le Fevre, and Anthony le Moyne, who have figned the act on the other fide, are counfellors to the King, notaries, minute-keepers to his Majefty, and feal-keepers at the Chatelet of Paris, and that faith is to be given, as well in court as out of it, to the acts received by them. In witnefs whereof we have figned thefe prefents, caufed the fame to be counterfigned by our fecretary, and the feal of our arms to be affixed. At Paris, the twenty-fourth of November, 1712. D'Argouges.

(Signed)

By my faid Lord, Barbey.

Read and published, the court fitting, and registered in the rolls of the court, the King's attorney general being heard, and moving for the fame, in order to its being executed according to its form and tenor, in pursuance of and in conformity to the acts of this day. At Paris, in parliament, the fifteenth of March, 1713.

(Signed)

Dongois.

The Renunciation of the Duke of Orleans to the Crown

of Spain.

PHILIP, grandfon of France, Duke of Orleans, Valois, Chartres, and Nemours: to all Kings, Princes,

3

Common

« PreviousContinue »