The almost-extinguished hopes of the jacobites revived at the political difcontents of the nation, taken in connection with the death of the duke of Glocefter. And Mr. Graham, brother to lord Preston, was dispatched to St. Germaine's with a propofal to fettle the crown by act of parliament on the pretended prince of Wales; and an afsurance that the king would not be supported in the execution of the partition treaty. But the court of St. Germaine's, as the earl of Manchester afferts in his dispatches, would never listen to any propofition which implicated a change of religion in the prince ;-the king and queen having declared they would rather see him in his grave.

The conduct of the court of Versailles, fince the conclufion of the second treaty of partition, had been in the highest degree artful and infidious; whilft that of the Imperial court was in the fame proportion weak and irrefolute. The emperor perfifted in refusing to accede to the treaty of Loo, though no vigorous or effectual steps were taken to enfure the fucceffion to the archduke, against the formidable combination of France and the maritime powers. "The grand dependance of the court of Vienna," as M. de Villars informs us, "was upon what they were pleased to call the miracle of the house of Auftria;' and a multitude of examples were cited concerning that august house, which, when apparently ready to fall, had raised itself, after being loft to all hopes." It was not that men of genius and talents were wanting, but the reigning monarch had not the faculty of discerning them. The count de Jerguer, in particular, declared "that he had affuredly a very strong belief of paft miracles, but that, as to prefent ones, he was altogether sceptical. That he looked upon the king of Spain as dead; and that their resolutions ought to be as decifive as if they expected to receive the news of it to-morrow. He regarded all compromise as impracticable; and it was his opinion that they ought to prepare for war." But the Imperial court ftill continued to hesitate and tem

porize, and by a policy neither warlike nor pacific fhe forfeited the advantages of both.

In the mean time the marquis of Harcourt continued his intrigues at Madrid with the greatest address and affiduity. He had entirely gained over to the interest of France the major part of the Spanish nobles, who were perfuaded that France was the only power which could preferve the Spanish monarchy from dismemberment, which of all things the Spanish pride moft dreaded. The queen of Spain, aunt to the archduke, who had hitherto been moft zealous in the cause of the houfe of Auftria, began to perceive that she was striving in vain against the current. The council of Spain, with the fingle exception of the count d'Acquilar, had refolved, "that the best advice they could give his majesty was, to declare a prince of France to be his fucceffor." The queen knew her unpopularity both with the nobles and the nation at large-her violent and rapacious conduct had alienated the hearts of all from the Germans and fearing that France would be ultimately fuccessful in spite of all the oppofition fhe was able to raife, it appeared time to confult her own interest and safety by a reconciliation with the predominant party.

The king of Spain was now drawing apace to the close of his miferable life: and the reflection that a prince of the Auftrian line muft owe his chief fupport to heretics, was thought much to affect his weak and superstitious mind. Cardinal Porto-Carrero, for the repose of the king's confcience, advised him to confult the pope on this momentous point of regulating the fucceffion. Innocent XII. who was firmly attached to France, after taking the opinion of a college of cardinals, determined against the validity of queen Maria Terefa's renunciation, as being "founded on compulfion, and contrary to the fundamental laws of the Spanish monarchy; and exhorted his catholic majefty to make his will in favor of one of the French king's grandfons, by which he would effectually contribute to the propagation of

the

the faith and the repofe of Christendom." As foon as this infallible decifion was procured, the cardinal of Toledo redoubled his efforts to perfuade the king his master to act in conformity to it. And having at length fixed the wavering difpofition of the king, a new testamentary arrangement took place, dated October 2d, 1700; by which the monarchy of Spain, with all its dependencies in the four quarters of the globe, were left to the duke of Anjou, second fon of the dauphin; and in default of iffue to his brother the duke of Berri, and next to the archduke Charles. the last extreme of even regal imbecility and folly, it deferves mention, that among other forfeitures of the crown specified in the will of the king of Spain as conditions impofed upon his fucceffors, is the denial of the doctrine of the immaculate conception of the Virgin Mary.

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Although nature appeared wholly exhausted, and the art of medicine could no longer afford the fmalleft relief, the king lingered a few weeks after figning this new will; and breathed his laft on the 1ft of November, 1700. An exprefs was immediately dispatched to the court of France with the intelligence of this important event. In two hours after its arrival, a council was held in madame Maintenon's apartments. The king of France was, or affected to be, irrefolute as to the acceptance of the will; and the majority of the ministers of state prefent gave their opinion in favor of adhering to the treaty. But the dauphin declared the honor of France to be facrificed in refufing the bequeft; and madame de Maintenon afked, with an air of impatience, "What had the duke of Anjou done to provoke the king to bar him of his right of fucceflion?" The king at length yielded; on which great joy was expreffed; and fending for the duke of Anjou, he said to him in the prefence of the marquis des Rios, "Sir, the king of Spain has made you king. The grandees demand you, the people wifh for you, and I give my confent. Render yourself worthy of the throne you are going to mount." The

dauphin

dauphin triumphantly declared, that it fhould be his glory to fay, "the king my father, and the king my fon." All the princes of the blood came to congratulate the new fovereign, who fet out early in December, 1700, accompanied by his two brothers, to take poffeffion of the kingdom. On parting, the king of France exclaimed, « Il n'y a plus de Pyrenées !"

In the dispatch written on this event by the earl of Manchefter to the earl of Jersey, the ambassador says, "that M. de Torcy informed him, the king of France had well confidered the occafion and intent of the late treaty with England; which was to prevent a war in Europe-that the refufal of the emperor to accede to the treaty, and the difcontents that had arifen in England and Holland in confequence of it, had convinced the king his mafter of the neceflity of accepting the will of the king of Spain in favor of the duke of Anjou-that it was certain the treaty was more advantageous to France, and was what the king wished; but that, in order to carry it into execution, whole kingdoms must be conquered-the Spaniards being refolved not to fuffer the difmemberment of the monarchy. Finally, that the king of France hoped that the strength of these reasons would so far prevail with the king of England, that there might still be the same good understanding as ever, which was so neceffary for the good and quiet of Europe." To this urgent dispatch, in which the ambassador requested decifive instructions in what manner to act, an answer was returned by secretary Vernon, coldly expreffing, "that the king must be allowed to confider what might be the confequence of fo fudden a change, and to learn the fentiments. of other princes and states who are equally concerned in the preservation of the balance of power in Europe."

On his return to England in the month of October, 1700, the king made fuch arrangements as he had concerted, in order to establish the afcendency of the tories in the adminiftration. Lord Godolphin was reftored to his former poft

in

in the treasury; lord Tankerville made privy-feal in the room of lord Lonsdale deceased; the earl of Rochester was appointed lord-lieutenant of Ireland; fir Charles Hedges conftituted fecretary of ftate; and in order that the eloquence of Mr. Montague might be for ever filenced where it had the greatest scope for exertion, and would be attended with most effect, he was created a peer by the title of baron Halifax.

The new minifters thinking their intereft would be Strengthened by a re-election, a diffolution immediately took place; and a new parliament was fummoned for the 6th February, 1701. In the interval very important negotiations were carrying on with redoubled affiduity in the different courts of Europe. The king of France had now taken a decided and irrevocable part. His highest ambition was gratified in fetting his grandfon on the throne of Spain with the unanimous approbation of the Spanish nation : and as he well knew that the point of honor with them confifted in preferving the unity of the monarchy, he refolved not to listen to any propofal of difmemberment; though otherwise really defirous of maintaining the peace of Europe, and willing to give any reasonable security as a pledge of his fincerity.

The obftinate filence of the king of England was calculated to excite the most serious apprehenfions of the court of Versailles, which feemed to regard' the menaces of the emperor with contempt. Holland however required all the arts and refinements of management; and a memorial prefented by M. Heemskirke, the Dutch envoy at Paris, complaining of the violation of the late treaty, was answered with great ability, the answer being afterwards published as a sort of manifefto. In this paper it is maintained, “that the execution of the treaty would have produced infinite troubles that while his moft chriftian majefty obferved the fpirit, he was not liable to the leaft imputation for abandoning the letter-that the fame motive which had induced