particular it was faid, that the keeper of the great feal had no Will.III. fort of authority, to deny the putting it, either to powers for 1700-1.

44

a

spent, and fo much blood had "been fhed, it being demon

ftrably plain, that if France was poffeffed of the Spanish "Netherlands, it was not poffi"ble for the Dutch to bear long "the expence of fupporting "themselves; and when they "fell a prey to France (not

66

withstanding the vain dif"courfes we heard not long before) England was not likely "to be free any great while.

"The fecond thing, which "concerned both nations highly, was the preferving the "trade of Spain, and the ufe of "her ports.

"liberate act of three fovereign"
powers, made upon very
weighty grounds, has been fo
"frankly called, Unjuft. The
emperor has not found caufe
to give it that hard name;
nay, the French themselves,
"who have violated this treaty
" in the moft open and fhame-
"lefs manner, and want to the
highest degree an excufe for
"breach of faith, and had a
good one, if the treaty was
"unjuft, yet they have never
"called it by that name, but
"have contented themfelves to
"take up the wretched pre-
"tence, that by breaking the
"league, they have pursued the "The third thing, which
fpirit and meaning of it." The "concerned England, and the
author then proceeds to justify
"Dutch not a little, was to
the wifdom of the treaty, and to keep the Weft-Indies, and
fhew, that it was the only means "the trade thither, in the con-
left to prevent the impending de- " dition they then flood. For
Atruction of Europe; and that, "it will not be denied, if ever
in the making of it, the intereft "France can appropriate to it-
of the house of Auftria was fin- "felf the trade of Spain, and
cerely efpoufed, and a follicitous "the management of the Spa-
care used, that the balance of "nish West Indies, fhe will
Europe fhould not be intirely "foon be mistress of the world.
broken, and at the fame time
England and Holland did not
neglect themselves, but made
fuch a diftribution as might be
leaft prejudicial to their intereft.
"The three things, fays he,
"which they were principally

46

"These were the things to "be first looked after, and for

thefe the treaty did fully pro"vide. It is not to be denied

but that the Turkey trade was "of great confequence to both

nations, and the trade of "Italy not inconfiderable, efpecially, to Holland; and it 66 were to be wifhed, that every thing could have been intirely gained But, when that was impoffible, the most weight was to be laid on what was "of the greateft confequence."

obliged to take care of, were "their fecurity, their trade, and "the common intereft of the "Proteftant religion. In order "to this, they were firft to take 66 care of the barrier in Flan"ders, for making good where"of fo much money had been

61

Will.III. a treaty, or to any treaty, which the king should agree to. 1700-1. That the law gives no direction in fuch matters, and he could

ftrength. Whether she would
"have been ftronger by the
"poffeffion of two remote coun-
"tries, whofe natives have the
"utmost hatred to the French,"

"of the Catholic world would they would have understood

not refuse to put the great feal to any thing, for which he Will.III. had an order from the king, unless the matter was contrary 1700-1. to law, which had made no provifion in this cafe. They infifted moft on the other fide upon the concluding a treaty of this importance, without communicating it firft to the privycouncil.. During this debate, fome lords having spoke very reflectingly on the French king, the earl of Rochefter animadverted upon them, alledging, that all men ought to speak respectfully of crowned heads; and that this duty was more parti

46

"where upon all accounts we

ought to with it, and not "only as being the most remote

Popish powers, when the zeal "of the emperor, as well as of

"dered, would have been far
" removed. In fuch a ftate of
things we could apprehend
nothing to our trade, not
even in the Mediterranean.
"All parties would have found
"it reasonable to be courting

eafily, which way the arch"duke's wishes would go. The " duke of Lorrain's affection to "the house of Auftria is fo well" from us. The apprehenfion "known, that it is certain the " of a Catholic league, which "French could have depended" is no chimera, and which it "on nothing from Milan in his "is to be too juftly feared may "hands. And though the late "be the immediate confequence "chancellor in his letter faid, "of a fettled peace among the "That, if the treaty fhould “take place, and Milan could "not be relieved by fea. it" the French king, is confi"would be of little fignification "in the hand of any, prince.' "we fee he was mistaken, and "that very powerful reliefs might be fent by land to Milan, and the emperor and empire might always have an open way into Italy through" the great naval powers of the "that country. The king of "world. We might be neuter, "France would have been cau- " if we thought fit, or might "tious to have left his frontier "have made our own terms. "naked towards Flanders, when "We were not bound to take "in poffeflion of a prince of the "houfe of Auftria, or to have "left the Rhine unguarded, "when the pope would be fure" treaty executed, yet in the "to have a prevailing power "with the ecclefiaftical electors, "and the other Catholic princes of the empire. This would "have been the higheft fecurity to the Proteftant intereft, "for which certainly we were "above all other things con" cerned. Italy would have "been the fcene of the war,

any other fhare in the war
"than we pleafed; for, though
"we flood obliged to fee the

"utmost ftri&tnefs that was all.
"We were not bound to main-
"tain the refpective parties in
"poffeflion: We might have
"enjoyed the advantages of

peace, or we might have "otherwife found our advantages in return for our affiftance, in cafe we chofe to give it to either fide."

(b)

Will.III. particularly incumbent on the peers of a kingdom, who de1700-1. rive all their honour and luftre from the crown. This was feconded by another earl, who faid, That the king of France was not only to be refpected, but likewife to be feared. To whom another lord replied, That he hoped no man in England needed to be afraid of the French king; much lefs the peer, who spoke laft, who was too much a friend to that monarch, to fear any thing from him. Thus ended the first day of the debate (b).

The lords advised with

in the treaty

Burnet.

The earl of Portland apprehending, that this might fall too heavily upon him, got the king's leave to communicate oppofed it. the whole matter next day to the house, when he told them," that he had not concluded the treaty alone, but had, by the king's order, acquainted fix of his chief minifters with it, who were the earls of Pembroke and Marlborough, the vifcount Lonsdale, the lord Somers and Hallifax, and fecretary Vernon. Upon which these lords, being likewife freed by the king from the oath of fecrefy, informed the house, that the earl of Jersey having in the king's name called them together, the treaty was read to them; and that they excepted to feveral things in it, but they were told, that his majesty had carried the matter as far as was poffible, and that he could obtain no better terms. That therefore when they were thus affured, that no alterations could be made, but that every thing was fettled, they gave over infifting on particulars, and only advised, that his majefty might not engage himself in any thing, that would bring on a new war, fince the nation had been fo uneafy under the laft. This was carried to the king, and that, a few days after, he told fome of them, that he was made acquainted with their exceptions; but, how reasonable foever they were, he had driven the matter as far as he could. The earl of Pembroke faid to the houfe of lords, he had offered the king thofe advices, that he thought were most for his fervice, and

(b) There was fo great warmth in the debates of the commons concerning this treaty, that more than one of the members broke in upon common decency and good manners to a high degree. Seymour, Bolles, and others compared the dividing another man's kingdom to robbing on the highway.' It was called, by Howe, a felonious treaty,'

which, as the report then was, the king fo highly refented, that he dropped an expreffion, fignifying, that, if the difparity of their condition had not reftrained him, he would have demanded the fatisfaction of him, which all gentlemen have a right to demand of one that gives the lye.

for

for the good of the nation; but that he did not think himself Will.III. bound to give an account of that to any other perfons. He 1700-1. was not the person aimed at ; for which reafon there was nothing faid, either against him, or the earls of Marlborough or Jerfey. Upon this the debate went on. Some faid, this was a mockery, to afk advice, when there was no room for it. It was answered, that the king had afked advice of his privy-council, and they had given it; but that, fuch was the royal prerogative, that it was ftill free for him to follow it or not, as he faw cause.

bout it.

In conclufion, after three days debate, the houfe of lords re- The lords folved to fet out this matter in an addrefs to the king, complain, addrefs aing both of the partition treaty, and of the method, in which it pr. H. L had been carried on. The lord Wharton moved an addition II. 25. to the addrefs, that, whereas the French king had broke that treaty, they should advife his majefty to treat no more with him, or rely on his word, without a real fecurity. This was much oppofed by all thofe, who were againft engaging in a new war: They faid all motions of that kind ought to come from the house of commons, who only could fupport fuch an advice, which did in effect engage us in a new war; nor could they lay the blame on the breaking of a treaty, which they were refolved to condemn. They alfo excepted to the words Real Security as ambiguous; but the majority of the houfe agreed to it, for there was fuch treachery in the French negotiations, that they could not be relied on without a good guarantee, and the pledge of fome ftrong places. It now plainly appeared, that the defign was to fet on the house of commons to impeach fome lords, who had been concerned in the partition treaty; for it was moved to fend the address to the commons for their concurrence, but that was not carried. The addrefs was to this effect: "That their lordships, ha"ving confidered the treaty of the 21st of February, or the 15th of March 1700, made with the French king, toge"ther with the feparate and fecret articles, which his ma"jefty had been pleased to communicate to them, did most "humbly reprefent to him, that, to their great forrow, they "found the matters thereof to have been of very ill con"fequence to the peace and fafety of Europe; for that, be"fides the occafion it might have given to the late king of Spain, to have made his will in favour of the duke of An"jou, if that treaty had taken effect; the prejudice to his majefty and his fubjects, and indeed to all Europe, by the " addition of Sicily, Naples, feveral ports of the Mediterranean, the province of Guipufcoa, and the duchy of LorVOL. XV.

H

"rain,