Document Information

Date: 1713-03-31
By: Louis XIV of France, Philip V of Spain, Anne of Great Britain, et. al
Citation: Treaty of Utrecht, 31 March-April 1713.
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A COLLECTION OF

ALL THE

TREATIES

OF

PEACE, ALLIANCE,

AND

COMMERCE,

BETWEEN

GREAT-BRITAIN

AND

OTHER POWERS,

FROM THE

REVOLUTION in 1688, to the PRESENT TIME

In TWO VOLUMES.

VOL. I.

From 1688 to 1727.

LONDON:

Printed for J. ALMON, opposite Burlington-House, in Piccadilly

M.DCC.LXXII.

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orders, required for the entire effect and fulfilling thereof, be issued in their proper time: and the comptrollers of accounts, who attend my said council, are to take notice of these presents.          Given at Madrid the twenty sixth day of March, one thousand seven hundred and thirteen.

I THE KING.

By the command of our lord the king,

Don Bernardo Tinaguero de la Escalera.

Your majesty does hereby approve and ratify the Assiento adjusted with the company of England, for the importation of Negro Slaves into the Indies, for the term of thirty years, in the manner mentioned in the articles above inserted.

______________________________________________________________________________

Treaty of peace and friendship between the most serene and most potent princess Anne, by the grace of God, Queen of Great Britain, France, and Ireland, and the most serene and most potent prince Lewis XIV. the Most Christian King, concluded at Utrecht the 31/11 day of March/April 1713.

Reprinted from the copy published by the Queens special command.

1. THAT there be a universal perpetual peace, and a true and sincere friendship, between the most serene and most potent princess Anne, queen of Great Britain, and the most serene and most potent prince Lewis XIV. the most Christian King, and their heirs and successors, as also the kingdoms, states, and subjects of both, as well without as within Europe; and that the same be so sincerely and inviolably preserved and cultivated, that the one. do promote the interest, honour, and advantage of the other, and that a faithful neighbourhood on all sides, and a secure cultivating of peace and friendship, do daily flourish again and encrease.
2. That all enmities, hostilities, discords, and wars, between the said queen of Great Britain, and the said most Christian King, and their subjects, do cease and be abolished, so that on both sides they do wholly refrain and desist from all plundering, depredation, harm-doing, inju-

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ries, and annoyance whatsoever, as well by land, as by sea and fresh water, in all parts of the world, and chiefly through all tracts, dominions, and places, of what kind soever, of the kingdoms, countries, and territories of either side.

III. All offences, injuries, harms, and damages, which the aforesaid queen of Great Britain, and her subjects, or the aforesaid most Christian King, and his subjects, have suffered the one from the other, during this war, shall be buried in oblivion, so that neither on account, or under pretence thereof, or of any other thing, shall either hereafter, or the subjects of either, do, or give, cause, or suffer to be done or given to the other, any hostility, enmity, molestation, or hinderance, by themselves or by others, secretly or openly, directly or indirectly, under colour of right, or by way of fact.

1. Furthermore, for adding a greater strength to the peace which is restored, and to the faithful fricndship which is never to be violated, and for cutting off all occasions of distrust, which might at any time arise from the established right and order of the hereditary succession to the laws of Great Britain, and the limitation thereof by the laws of Great Britain, (made and enacted in the reigns of the late king William III. of glorious memory, and of the present queen) to the issue of the abovesaid queen, and in default thereof, to the most serene princess Sophia, dowager of Brunswick-Hanover, and her heirs, in the protestant line of Hanover. That therefore the said succession may remain safe and secure, the most Christian King sincerely and solemnly acknowledges the abovesaid limitation of the succession to the kingdom of Great Britain, and on the faith and word of a king, on the pledge of his own and his successors honour, he does declare and engage, that he accepts and approves the same, and that his heirs and successors do and shall accept and approve the same for ever. And under the same obligation of the word and honour of a king; the most Christian King promises, that no one besides the queen herself, and her successors, according to the series of the said, limitation, shall ever by him, or by his heirs or successors, be acknowledged, or reputed to be king or queen of Great

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Britain. And for adding more ample credit to the said acknowledgment and promises, the most Christian King does engage, that whereas the person who, in the lifetime of the late king James II. did take upon him the title of prince of Wales, and since his decease, that of king of Great Britain, is lately gone, of his own accord, out of the kingdom of France, to reside in some other place, he the aforesaid most Christian King, his heirs and successors, will take all possible care, that he shall not at any time hereafter, or under any pretence whatsoever, return into the kingdom of France, or any the dominions thereof.

1. Moreover, the most Christian King promises, as well in his own name, as in that of his heirs and successors, that they will at no time whatever disturb, or give any molestation to the queen of Great Britain, her heirs and successors, descended from the aforesaid protestant line, who possess the crown of Great Britain, and the dominions belonging thereunto. Neither will the aforesaid most Christian King, or any one of his heirs, give at any time any aid, succour, favour, or council, directly or indirectly, by land or by sea, in money, arms, ammunition, warlike provision, ships, soldiers, seamen, or any other way, to any person or persons, whosoever they be, who for any cause, or under any pretext whatsoever, should hereafter endeavour to oppose the said succession, either by open war, or by fomenting [editions, and forming conspiracies against such prince or princes who are in possession of the throne of Great Britain, by virtue of the acts of parliament aforementioned, or against that prince or princess, to whom the succession of the crown of Great Britain shall be open, according to the said acts of parliament.
2. Whereas the most destructive flame of war, which is to be extinguished by this peace, arose chiefly from thence, that the security and liberties of Europe could by no means bear the union of the kingdoms of France and Spain under one and the same king; and whereas it has a length been brought to pass, by the assistance of the divine power, upon the most earnest instances of her sacred royal majesty of Great Britain, and with the consent both of the Most Christian, and of the Catholick King, that this evil should in all times to come be obviated, by means of

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renunciations drawn in the most effectual form and executed in the most solemn manner, the tenor whereof is as follows.

Letters patents by the king, which admit the renunciation of the king of Spain to the crown of France, and those of M. the duke of Berry, and of M. the duke of Orleans, to the crown of Spain.

LEWIS, by the grace of God, king of France and Navarre: to all people present, and to come, greeting. During the various revolutions of a war, wherein we have fought only to maintain the justice of the rights of the king, our most dear, and most beloved grandson, to the monarchy of Spain, we have never ceased to desire peace. The greatest success did not at all dazzle us, and the contrary events, which the hand of God made use of to try us, rather than to destroy us, did not give birth that desire in us, but found it there. But the time marked out by divine providence for the repose of Europe was not yet come; the distant fear of seeing one day our crown, and that of Spain, upon the head of one and the same prince, did always make an equal impression of the powers, which were united against us; and this fear, which had been the principal cause of the war, seemed also to lay an insuperable obstacle in the way to peace. At last, after, many fruitless negotiations, God being moved with the sufferings and groans of so many people, was pleased to open a surer way to come at so difficult a peace. But the same alarms still subsisting, the first and principal condition which was proposed to us by our most dear and most beloved sister the queen of Great Britain, as the essential and necessary foundation of treating, was, that the king of Spain, our said brother and grandson, keeping the monarchy of Spain, and of the Indies, should renounce for himself, and his descendants for ever, the rights which his birth might at any time give him and them to our crown. that on the other hand, our most dear and most beloved grandson the duke of Berry, and our most dear and most beloved nephew the duke of Orleans, should likewise renounce for themselves, and for their descendants male and

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female for ever, the rights to the monarchy of Spain and the Indies. Our said sister caused it to be represented unto us, that without a formal and positive assurance upon this point, which alone could be the bond of peace, Europe would never be at rest; all the powers which share the same, being equally persuaded, that it was for their general interest, and for their common security, to continue a war, whereof no one could foresee the end, rather than to be exposed to behold he same prince become one day master of two monarchies, so powerful as those of France and Spain. But as this princess, (whose indefatigable zeal for re-establishing the general tranquility we cannot sufficiently praise) was sensible of all the reluctancy we had to consent, that one of our children, so worthy to inherit the succession of our forefathers, should necessarily be excluded from it, if the misfortunes wherewith it has pleased God to afflict us in our family, should moreover take from us, in the person of the Dauphin, our most dear and most beloved great grandson, the only remainder of those princes which our kingdom has so justly lamented with us; she entered into our pain, and after having jointly fought out gentler means of securing the peace, we agreed with our said sister to propose to the king of Spain other dominions, inferior indeed to those which he possesses, yet the value thereof would so much the more increase under his reign, in as much as in that case he would preserve his rights, and annex to our crown a part of the said dominions, if he came one time or other to succeed us. We employed therefore the strongest reasons to persuade him to accept this alternative. We gave him to understand, that the duty of his birth was the first which he ought to consult; that he owed himself to his house, and to his country, before he was obliged to Spain; that if he were wanting to his first engagements, he would perhaps one day in vain regret his having abandoned those rights, which he would be no more able to maintain. We added to these reasons, the personal motives of friendship, and of tender love, which we thought likely to move him; the pleasure we should have in seeing him from time to time near us, and in passing some part of our days with him which we might promise ourselves from the neighbourhood

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of the dominions that were offered him, the satisfaction of instructing him ourselves concerning the state of our affairs, and of relying upon him for the future; so that, if God should preserve to us the Dauphin, we could give our kingdom, in the person of the king our brother, and grandson, a regent instructed in the art of government; and that if this child, so precious to us and to our subjects, were also taken from us, we should at least have the consolation of leaving to our people a virtuous king, fit to govern them, and who would likewise annex to our crown very considerable dominions. Our instances reiterated with all the force, and with all the tender affection necessary to persuade a son, who so justly deserves those efforts, which we made for preserving him to France, produced nothing but reiterated refusals on his part, ever to abandon such brave and faithful subjects, whose zeal for him had been distinguished in those conjunctures, when his throne seemed to be the most shaken. So that persisting with an invincible firmness in his first resolution, asserting likewise, that it was more glorious, and more advantageous for our house, and for our kingdom, than that which we pressed him to take, he declared in the meeting of the states of the kingdom of Spain, assembled at Madrid for that purpose, that for obtaining a general peace, and securing the tranquility of Europe by a balance of power, he of his own proper motion, of his own free will, and without any constraint, renounced for himself, for his heirs and successors, for ever and ever, all pretensions rights and titles, which he, or any of his descendants, have at present, or may have at any time to come whatsoever, to the succession of our crown; that he held for excluded therefrom himself, his children, heirs, and descendants for ever; that he consented for himself and for them that now, as well as then, his right, and that of his descendants, should pass over and be transferred to him among the princes, whom the law succession, and the order of birth calls, or shall call to inherent our crown in default of our said brother and grandson the king of Spain and of his descendants, as it is more amply specified in the all of renunciation, approved by the states of his kingdom; and consequently he declared, that he desisted par-

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ticularly from the right which hath been added to that of his birth, by our letters patents of the month of December, 1700, whereby we declared, that it was our will, that the king of Spain and his descendants, should always preserve the rights of their birth and original, in the same manner as if they resided actually in our kingdom; and from the registry which was made of our said letters patents, both in our court of parliament, and in our chamber of accounts at Paris. We are sensible, as king, and as father, how much it were to be desired, that the general peace could have been concluded without a renunciation which makes so great a change in our royal house, and in the ancient order of succeeding to our crown; but we are yet more sensible, how much it is our duty to secure speedily to our subjects a peace, which is so necessary for them. We shall never forge the efforts which they made for us during the long continuance of a war, which we could not have supported, if their zeal had not been much more extensive than their power. The welfare of a people so faithful, is to us a supreme law, which ought to be preferred to any other consideration. It is to this law, that we this day sacrifice the right of a grandson, who is so dear to us, and by the price which the general peace will cost our tender love, we shall at least have the comfort of shewing our subjects, that even at the expence of our blood, they will always keep the first place in our heart.

For these causes, and other important considerations us thereunto moving, after having seen in our council the said act of renunciation of the king of Spain, our said brother and grandson, of the fifth of November last, as also the acts of renunciation, which our said grandson the duke of Berry, and our said nephew the duke of Orleans, made reciprocally of their rights to the crown of Spain, as well for themselves as for their descendants, male and female, in consequence of the renunciation of our said brother and grandson the king of Spain, the whole hereunto annexed, with a copy collated of the said letters patents of the month of December, 1700, under the counter-seal of our chancery, of our special grace, full power, and royal authority we have declared, decreed, and ordained, and by these

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presents signed with our hand, we do declare, decree, and ordain, we will, and it is our pleasure, that the said act of renunciation of our said brother and grandson the king of Spain, and those of our said grandson the duke of Berry, and of our said nephew the duke of Orleans, which we have admitted, and do admit, be registered in all our courts of parliament, and chambers. of our accounts ill our kingdom, and other places where it shall be necessary, in order to their being, executed according to their: form and tenor. And consequently, we will and intend. that our said letters patents of the month of December. 1700, be and remain null, and as if they had never been made, that they be brought back to us, and that in the margin of the registers of our said court of parliament, and of our said chamber of accounts, where the enrolment of the said letters patents is, the extract of these presents be placed and inserted, the better to signify our intention as to the revocation, and nullity of the said letters. We will, that in conformity to the said acts of renunciation of our said brother and grandson the king of Spain, he be from henceforth looked upon and considered, as excluded from our succession, that his heirs, successors, and descendants be likewise excluded for ever, and looked upon as incapable of enjoying the same. We understand, that in failure of them, all rights to our said crown, and succession to our dominions, which might at any time whatsoever belong and appertain to them, be and remain transferred to our most dear, and most beloved grandson the duke of Berry, and to his children, and descendants, being males, born in lawful marriage; and successively in failure of them, to those of the princes of our royal, house, and their descendants, who in right of their birth, or by the order established since the foundation of our monarchy, ought to succeed to our crown. And so we command our beloved and truly counsellors, the members of our court of parliament at Paris, that they do cause these presents, together with the acts of renunciation made by our said brother and grandson the king of Spain, by our said grandson the duke of Berry, and by our said nephew the duke of Orleans, to be read, published, and registered, and the contents thereof to be

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kept, observed, and executed, according to their form and tenor, fully, peaceably, and perpetually, ceasing, and causing to cease, all molestations and hindrances, notwithstanding any laws, statutes, usages, customs, decrees, regulations, and other matters contrary thereunto; whereto, and to the derogations of the derogations therein contained, we have derogated, and do derogate by these presents, for this purpose only, and without being brought into precedent. For such is our pleasure.

And to the end that this may be a matter firm and lasting for ever, we have caused our seal to be affixed to these presents. Given at Versailles in the month of March, in the year of our Lord 1713, and of our reign the 70th. Signed Lewis, and underneath, by the king; Phelypeaux. Visa, Phelypeaux. And sealed with the great seal on green wax, with stings of red and green silk.

Read and published, the court being assembled, and registered among the rolls of the court, the kings attorney general being heard, and moving for the same, to the end that they may be executed according to their form and tenor, in pursuance of, and in conformity to the acts of this day. At Paris in parliament the 15th of March, 1713. Signed

DONGOIS.

THE KING.

WHereas, on the fifth of November in this present year, 1712, before Don Manuel of Vadillo and Velasco, my secretary of state, and chief notary of the kingdoms of Castile and Leon, and witnesses, I delivered, swore to, and signed a publick instrument of the tenor following, which is word for word as here ensues:

1. Philip, by the grace of God, king of Castile, Leon, Arragon, the two Sicilies, Jerusalem, Navarre, Granada, Toledo, Valentia, Galicia, Majorca, Seville, Sardinia, Corduba, Corsica, Murcia, Jaen, the Algarves, Algezira, Gibraltar, the Canary Islands, the East and West Indies, the Islands and Terra Firma of the ocean, archduke of Austria, duke of Burgundy, Brabant, and Milan, count of Habspurg, Flanders, Tirol, and Barcelona, lord of Biscay and Molina, &c. By the account and information of this instrument and writing of renunciation and relin-

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quishment, and that it may remain for a perpetual remembrance, I do make known and declare to kings, princes, potentates, commonwealths, communities, and particular persons, which now are, and shall be in future ages: that it being one of the principal positions of the treaties of peace, depending between the crowns of Spain, and of France, with that of England, for the rendering it firm and lasting, and proceeding to a general one, on a maxim of securing for ever the universal good and quiet of Europe, by an equal weight of power, so that many being united in one, the balance of the equality desired, might not turn to the advantage of one, and the danger and hazard of the rest; it was proposed, and insisted on by England, and it was agreed to on my part, and on that of the king my grandfather, that for avoiding at any time whatever the union of this monarchy, with that of France, and the possibility that it might happen in any case, reciprocal renunciations should be made by me, and for all my defendants, to the possibility of succeeding to the monarchy of France, and on the part of those princes, and of all their race, present. and to come, to that of succeeding to this monarchy; by forming a proper project of abdication of all rights which might be claimed, by the two royal houses of this, and of that monarchy, as to their succeeding mutually to each other; by separating, by the legal means of my renunciation, my branch from the royal stem of France, and all the branches of France from the stem of the blood royal of Spain; by taking care at the same time, in pursuance of the fundamental and perpetual maxim of the balance of power in Europe, which persuades and justifies the avoiding, in all cases imaginable, the union of the monarchy of France with that of Spain, that the inconvenience should likewise be provided against, lest, in default of my issue, the case should happen that this monarchy should devolve again to the house of Austria, whose dominions and dependencies, even without the union of the empire, would make it formidable; a motive which at. other times made it justifiable to separate the hereditary dominions of the house of Austria, from the body of the Spanish monarchy; it being agreed and settled to this end by England with me, and with the king my grandfather,

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that in failure of me, and of my issue, the duke of Savoy, and his sons, and descendants, being males, born in constant lawful marriage, are to enter upon the succession of this monarchy; and, in default of his male line, the prince Armadeo of Carignan, and his sems, and descendants, being males, born in constant lawful marriage; and, in default of his line, prince Thomas, brother of the prince of Carignan, his sons, and descendants, being males, born in constant lawful marriage, who, as descendants of the infanta Donna Catherina, daughter of Philip II. and being expressly called, have a clear and known right, supposing the friendship and perpetual alliance, which the duke of Savoy, and his descendants, are to solicit and obtain from this crown; it being to be believed, that by this perpetual and never-ceasing hope, the needle of the balance may remain invariable, and all the powers, wearied with the toil and uncertainty of battles, may be amicably kept in an equal poise; it not remaining in the disposal of any the parties, to alter this federal equilibrium, by way of any contract of renunciation, or retrocession, since the same reason, which induced its being ad­ mitted, demonstrates its permanency, a fundamental constitution being formed, which may settle, by an unalterable law the succession of what is to come. In consequence of what is above said, and for the love I bear to the Spaniards, and from the knowledge I have of what I owe to them, and the repeated experience of their sidelity, and for making a return to Divine Providence, by this resignation to its destiny, for the great benefit of having placed and maintained me on the throne, among such illustrious and well-deserving vassals, I have determined to abdicate, for myself, and all my descendants, the right of succeeding to the crown of France, desiring not to depart from living and dying with my beloved, and faithful Spaniards; leaving to all my descendants, the inseparable bond of their sidelity and love. And to the end that this resolution 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, spontaneous, and unconstrained will, I Don Philip, by the grace of God, king of Castille,

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Leon, Arragon, the two Sicilies, Jerusalem, Navarre, Granada, Toledo, Valencia, Galicia, Majorca, Seville, Sardinia, Corduba, Corsica, Murcia, Jaen, the Algarves, Algezira, Gibraltar, the Canary Islands, the East and West Indies, the Islands, and Terra Firma of the ocean, archduke of Austria, duke of Burgundy, Brabant and Milan, count of Habspurg, Flanders, Tirol, and Barcelona, lord of Biscay and Molina, &c. do by this present instrument, for myself, for my heirs and successors, renounce, quit, and relinquish, for ever and ever, all pretensions, rights, and titles, which I have, or any descendant of mine hath at present, or may have at any time to come, to the succession of the crown of France; and I declare, and hold myself for excluded and separated, me, and my sons, heirs, and descendants for ever, excluded and disabled absolutely, and without limitation, difference, and distinction of persons, degrees, sexes and times, from the act, and right of succeeding to the crown of France. And I will and consent, for myself, and my said descendants, that now, as well all then, it may be taken to be passed over, and transferred to him, who by mine and their being excluded, disabled, and recapacitated, shall be found next and immediate in degree to the king, by whose death it shall become vacant; and the succession to the said crown of France is  at any time, and in any case to be settled on, and given to him, to have and to hold the same as true and lawful successor in the same manner, as if I, and my descendants, had not been born, or been in the world; since for such are we to be held and esteemed, because in my person, and in that of my descendants; there is no consideration to be had, or foundation to be made of active or passive representation, beginning, or continuation of lineage effective, or contentive or substance, blood, or quality, nor can the descent, or computation of degrees of those persons, be derived from the most Christian 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 succession, nor take possession of the degree of proximity, and exclude from it the person, who, as is abovesaid, shall be found next in degree. I

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will and consent for myself, and for my descendants that from this time, as well as then, this right be looked upon and considered as passed over, and transferred to the duke of Berry my brother, and to his sons and descendants, being males, born in constant lawful marriage; and in default of his male issue, to the duke of Orleans my uncle, and to his sons and descendants, being males, born in constant lawful marriage; and in default of his issue, to the duke of Bourbon my cousin, and to his sons, and descendants, being males, born in constant lawful marriage; and in like manner successively to all the princes of the blood of France, their sons, and descendants, being males, for ever and ever according to the place and order, in which they shall be called to the crown by right of their birth; and consequently to that person among the said princes, who (I and all my said descendants, being, as is above­said excluded disabled, and incapacitated) shall be found the nearest in immediate degree after that king, by whose death the vacancy of the crown of France shall happen, and to whom the succession ought to belong at any time, and in any case whatsoever, that he may possess the same as true and lawful successor, in the same manner as if I and my descendant, had not been born. And for the greater strength of this act of abdication of all the rights and titles, which appertained to me, and to all my sons and descendants of succeeding to the aforesaid crown of France, I depart from, and relinquish especially that which might moreover accrue to the rights of birth from the letters patents, or instrument, whereby the king my grandfather preserved and reserved to me, and enabled me to enjoy the right of succession to the crown of France, which instrument was dispatched at Versailles in the month of December, in the year 1700, and passed, and approved, and registered by the parliament, I will that it cannot serve 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 such instrument had ever been executed. I promise and oblige myself, on the faith of a kings word, that as much as shall relate to my part, and that of my sons and descendants, which are and shall be, I will take care of the observation

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and accomplishment of this writing, without permitting or consenting 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 special privilege might belong to us, to me, and to my sons and descendants, to reclaim, mention, or alledgc against what is abovesaid; and I renounce them all, and especially that of evident prejudice, enormous, and most enormous, which may be reckoned to have happened in this relinquishment and renunciation of the right of being able, at any time, to succeed to the crown aforementioned. I will that none of the said remedies, nor others, of whatsoever name, use, 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 seize the said kingdom by force of arms, by making, or moving war, offensive or defensive, from this tune for ever, that is to be held, judged, and declared, for an un lawful, unjust, and wrongfully undertaken war, and for violence, invasion, and usurpation, done against reason and conscience; and on the contrary, that is to be judged and deemed a just, lawful, and allowed war, which !hall be made, or moved in behalf of him, who by the exclusion of me, and of my said fans and descendants, ought to succeed to the said crown of France, to whom the subjects 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 said sons and descendants, is to be firm, stable, valid, and irrevocable perpetually, for ever and ever. And I declare and promise, that I have not made, neither will I make any protestation, or reclaiming, in, publick, or in secret, 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 sworn it is not to, be valid, neither can it have any force; and for the greater strength and security of what is contained in this renunciation, and of what is said and promised on my part therein, I give

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again the pledge of my faith, and royal word, and I swear solemnly by the gospels contained in this missal, upon which, I lay my right hand, that I will observe, maintain, and accomplish this act, and instrument of renunciation, as well for myself, as for all my successors, heirs, and descendants, in all the clauses therein contained, according to the most natural, literal, and plain sense and construction; and that I have not fought, neither will I seek any dispensation from this oath; and if it shall be fought for by any particular person, or shall be granted motu proprio, I will not use it, nor take any advantage of it. Nay, in such case as that it should be granted me, I make another the like oath, that there may always be and remain one oath above and beyond all dispensations which may be granted me. And I deliver this writing before the present secretary, notary of this my kingdom, and I have signed it, and commanded it to be foaled with my royal seal; there being provided, and called as witnesses, the cardinal Don Francisco de Judice, inquisitor general, and archbishop of Montreal, one of my council of state; Don Joseph Fernandez, of Velasco and Tobar, constable of Castille, duke of Frias, gentleman of my chamber, my high steward of my household, great cupbearer, and great huntsman; Don Juan Claros Alsonso Perez de Gusman el Bueno, duke of Medina Sidonia, knight of the order of the holy ghost, my great master of the horse, gentleman of my chamber, and one of my council of state; Don Francisco An res de Benavides, count of Santistevan, one of my council of slate, and high steward 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 Rcstayno Cantelmo, duke of Popoli, knight of the order of the holy ghost, gentleman of my chamber, and captain of my Italian lifeguards; Don Fernando of Aragon and Moncada, duke of Montalto, marquis of los Velez, commander of Silla and Benasul in the order of Montessa, gentleman of my chamber, and one of my council of State; Don Antonio Sebastian de Toledo, marquis of Mansera, gentleman of my chamber, one of my council of state, and president of that of Italy; Don

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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 state; Don Domingo de Giudice, duke of Giovenazzo, one of my council of State; Don  Manuel Coloma, marquis of Canales, gentleman of my chamber, on of my council of state; and captain general of the artillery of Spain; Don Joseph 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 president of that of the Indies; Don Isidro de la Cueva, marquis of Bedmar, knight of the order of the Holy ghost, gentleman of my chamber, one of my council of state, president of that of the orders, and first minister of war; Don Francisco Ronquillo Briceno, count of Gramedo, governor of my council of Castille; Don Lorenzo Armangual, bishop of Gironda, one of my council, and chamber of Castille, and governor of that of the revenues; Don Carlos de Borja and Centellas, patriarch o the Indies, one of my council of the orders, my chaplain and great almoner, and vicar-general of my armies; Don Martin de Guzman, marquis of Montealegre, gentleman of my chamber, and captain of my guard of halberdiers; Don Pedro de Toledo Sarmiento, count of Gondomar, one of my council, and chamber of Castille; Don Francisco Rodrigues de Mendarosqueta, commissary general of the Cruzada; and Don Melchior de Avellaneda, marquis of Valdecanas, one of my council of war and director general of the infantry of Spain.

I THE  KING.

NOW in regard to the federal conventions; whereof mention is made in the said instrument here inserted and to the end it may appear authentically to all the parties where it appertains, and who may pretend to make use of the contents thereof; and for all the effects which may take place in right, and which may be derived from the delivery hereof, under the clauses, conditions, and suppositions therein contained, I have commanded these

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presents to be made out, signed with my hand, and sealed with the seal of my royal arms, and countersigned by my underwritten secretary of state, and chief notary of these my kingdoms, at Buen Retiro, the seventh of November, 1712.

(L.S.)                                                                                                               I THE KING.

Manuel de Vadillo y Velasco.

Read and published, the court being assembled, and registered in the rolls of the court, the kings advocate general being heard, and moving for the same, to the end that it may be executed according to the form and tenor thereof, in pursuance of, and in conformity to the acts of this day: at Paris in parliament, the 15th of March, 1713.

Signed                                                                                                 DONGOIS.

 

CHARLES, son of France, duke of Berry, Alenson, and Angoulesme, viscount of Vernon, Andely, and Gisors, lord of the chatellenies of Coignac and Merpins; to all kings, princes, commonwealths, communities, and to all other bodies, and private persons, present and to come, be it known. All the powers of Europe finding themselves almost ruined on account of the present wars, which have carried desolation to the frontiers, and into many other, parts of the richest monarchies, and other do minions, it has been agreed in the consequences and treaties of peace, which are negotiating with Great Britain, to establish an equilibrium, and political boundaries between the kingdoms, whereof the interests have been, and are still the sad occasion of a bloody dispute; and to hold it for a fundamental maxim in order to preserve this peace, that provision ought to be made, that the forces of these kingdoms may not become formidable, nor be able to cause any jealousy, which, it has been thought, cannot be settled more solidly, than by hindering them from extending themselves, and by keeping a certain proportion, to the end that the weaker being united together, may defend themselves again{l: the more powerful, and support themselves respectively against their equals.

For this purpose the king, our most honoured lord and grandfather, and the king of Spain, our moll dear brother, have agreed and concluded with the queen of Great

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Britain, that reciprocal renunciations:!hall be made by alt the princes, both present and to come, of the crown of France, and of that of Spain, of all rights, which may appertain to, each of them, to the succession of the one, or of the other kingdom, by establishing an habitual right to the succession to the crown of Spain, in that line which shall be made capable thereof, and declared immediate after that of king Philip V. our brother, by the estates of Spain, who were to assemble for this purpose; by making an immoveable balance to maintain the equilibrium, which is intended to he placed in Europe, and by going on to particularize all the cases of union which are foreseen, to serve, as an example for all such as may happen. It has likewise been agreed and concluded between the king, our most honoured lord and grandfather, long Philip V, our brother, and the queen of Great Britain, that the said king Philip shall renounce for himself, and for all his descendants, the hopes of succeeding to the crown of France; that on our side we shall renounce in like manner for us, and for our descendants, the crown of Spain; that the duke of Orleans, our most dear uncle, shall do the same thing; so that all the lines of France, and of Spain, respectively and relatively, shall 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 lastly, that care shall be taken, that under pretence of the said renunciations, or under any other pretence whatsoever, the house of Austria may not make use of the pretensions, which it might have to the succession of the monarchy of Spain; forasmuch 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 surrounded; which would destroy the equality, that is establishing at present, to secure and strengthen more perfectly the peace of christendom, and to take away all manner of jealousy from the powers of the North, and of the West, which is the end that is preposed by this political equilibrium, by removing and excluding all these branches, and calling to the crown of

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Spain, in default of the lines of. king Philip V. our brother, and of all his children and descendants, the house of the duke of Savoy, which defends from the infanta Catherina, daughter of Philip II. it having been considered, that in making the said house of Savoy succeed 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 impossible 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 successors and descendants, to the establishing of the universal repose, and the securing the peace of Europe, because, we believe, that this method is the surest, and most effectual, in the terrible circumstances of this conjuncture, we have resolved to renounce the hopes of succeeding 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 whatsoever. And to the end that this resolution may have its full effect, and also by reason. that king Philip V. our brother, did on his part, the 5th of this present month of November, make his renunciation of the crown of France, we of our meer, free, and frank will, and without being moved thereunto by any respectful awe, or by any other regard, except those above mentioned, do declare, and hold ourselves from this present, we, our children, and descendants, excluded and disabled absolutely for ever, without limitation or distinction of persons, degrees, or sexes, from every act, and from all right of succeeding to the crown of Spain. We will, and consent, for us, our said children and descendants, that from this time, and forever, we and they, in consequence of these presents, be held to be excluded and disabled, in like manner as all the other descendants of the house of Austria, who, as it has been said, and supposed, ought also. to be excluded, in whatever degree we may be, both the one and the other; and if the succession falls to us, our line, that of all our descendants, and all the others of the house of Austria, as it has been said, ought to be separated and excluded therefrom. That for this reason the

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kingdom of Spain be accounted as devolved, and transferred to him, to whom in such case the succession ought to devolve and be transferred, at any time whatsoever, so that we do take and hold him for true and lawful successor, because for the same reasons and motives, and in consequence of these presents, neither we, nor our descendants, ought any more to be considered as having any foundation of representation active or passive, or making any continuation of line effective, or contentive of substance, blood, or quality, or likewise to derive any right from our descent, or to reckon our degrees from the persons of the queen Maria Theresa of Austria, our most honoured lady and grandmother of the queen Anne of Austria, our most honoured lady and great-grandmother, or of the glorious kings their ancestors; on the contrary, we ratify the clauses of their wills; and the renunciations made by the said ladies, our grandmother and great-grandmother, we renounce like wise the right, which may belong to us, and to our children and descendants, by virtue of the will of king Charles II. which, notwithstanding what is abovementioned, calls us to the succession of the crown of Spain, in care of failure of the line of Philip V. We therefore relinquish this right, and renounce the same, for us, our children and descendants; we promise and engage, for us, our said children and descendants, to employ ourselves with all our might, in causing this present act to be fulfilled, without allowing, or suffering that the same be violated directly or indirectly, in the whole, or in part; and we relinquish all means, ordinary or extraordinary, which by common right, or by any special privilege might belong to us, our children and descendants; which means we likewise renounce absolutely, and particularly, that of evident enormous, and most enormous prejudice, which may be found in the said renunciation of the succession to the crown of Spain. And we will that none of the said means may, or can have any effect, and that if, under this pretext, or any other colour, we would possess ourselves of the said kingdom by force of arms, the war which we should make, or stir up, be deemed unjust, unlawful, and unduly undertaken. And on the contrary, that the war, which he should make upon us, who by virtue of this renunciation should

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have right to succeed to the crown of Spain, be deemed just and allowable. And that all the subjects 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 security of all that we say and promise for ourselves, and in the name of our children and descendants, we swear solemnly on the gospels contained in this missal, upon which we lay our right hand, that we will keep, maintain, an fulfil the same in all and every part thereof; that we will never ask to be relieved from the same, 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 case it should be granted us, we over and above make this other oath, and this shall submit and remain for ever, whatever dispensations may be granted us. We swear and promise likewise, that we have not made, neither will we make, in publick, or in secret, any protestation, or reclamation to the contrary, which may hinder what is contained in these presents or lessen the force thereof; and if we should make any, whatever oaths they may be accompanied with, they shall not have any force or virtue, or produce any effect.

In witness whereof, and to render these presents authentick, they have been passed before masters Alexander le Fevre, and Anthony le Moyne, counsellors to the king, notaries, minute-keepers to his majesty,. and seal-keepers in the chatelet of Pam, hereunder written, who have wholly delivered this present act; and for causing these presents to be published and registered, wherever it shall be necessary, my lord the duke of Berry has constituted the bearers of these dispatches, by duplicates thereof, his general and special attornies to whom my said lord has, by these said presents, given special power and authority in that behalf. At Marly, the 24th day of November, 1712, before noon, and has signed the present duplicate and. another, and minute thereof remaining in the hand; of the said Le Moyne, notary.

Signed,                                                                        CHARLES

Le Fevre, Le Moyne.

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PHILIP. grandson of France, duke of Orleans, Valois Chartres, and Nemours; to all kings, princes, com commonwealths, potentates, communities, and to all persons, 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 principal motive of the pre sent war, and the other powers of Europe having always apprehended, lest these two crowns should come upon one head, it has been laid down as the foundation of the peace, which is treated of at present, and which it is hoped may be cemented more and more, for the repose of such a number of countries, which have sacrificed themselves, as so many victims, to oppose the clangers, wherewith they thought themselves threatened, that it was necessary to establish a kind of equality and equilibrium between the princes, who were in dispute, and to separate for ever, in an irrevocable manner, the rights which they pretend to have, and which they defended, sword in hand, with a reciprocal slaughter on each side.

That with intent to establish this equality, the queen of Great Britain proposed, and upon her instances, it has been agreed by the king, our most honoured lord and uncle, and by the catholick king, our most dear nephew, that for avoiding at any time whatsoever the union of the crowns of France and Spain, reciprocal renunciations should be made, that is to say, by the catholick king Philip V. our nephew, for himself and for all his descendants, of the succession to the crown of France; as also by the duke of Berry, our most dear nephew, and by us, for ourselves, and for all our descendants, of the crown of Spain; on condition likewise, that neither the house of Austria, nor any of the descendants thereof, shall be able to succeed to the crown of Spain, because this house itself, without the union of the empire, would become formidable, if it should add a new power to its ancient dominions; and consequently this equilibrium, which is designed to be established for the good of the princes and states of Europe, would cease. Now, it is certain, that without this equilibrium, either the states suffer from the weight of their own greatness, or envy engages their neighbours to make alliances to attack them, and to reduce them to such

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a point, that these great powers may inspire less fear and may not aspire to an universal monarchy.

For attaining the end which is proposed, and by reason that his Catholick Majesty has on his part made his renunciation the 5th of this present month, we consent that, in failure of Philip V. our nephew, and of his descendants, the crown of Spain do pass over to the house of the duke of Savoy, whose rights are clear and known, inasmuch as he descends from the infanta Catherina, daughter of Philip II. and as he is called by the other kings his successors; so that his right to the succession of Spain is indisputable.

And we desiring on our side to concur towards the glorious end, which is proposed for re-establishing the publick tranquility, and for preventing the fears which the rights of our birth, or all others, which might appertain unto us might occasion, have revolved, to make this relinquishment, this abdication., and this renunciation of all our rights for ourselves, and in the name of all our successors and descendants; and for the accomplishing of this resolution, which we have taken of our meer, free, and frank will, we declare and hold ourselves from this present, us, our children and descendants, for excluded and disabled, absolutely, and for ever, and without limitation or distinction of persons, of degrees, and of sexes, from every act, and from all right of succeeding to the crown of Spain. We will and consent, for us and our descendants that from this time, and for ever, we be held, we and ours, for excluded, disabled, and incapacitated, in whatever degree we may happen to be, an in what manner forever the succession may fall, to our line, and to all others whether of the house of France, or of that of Austria, and of all the descendants both of the one and the other house, which, as it is said and supposed, ought likewise to hold themselves for cut off and excluded; band that for this reason the succession to the said crown of Spain be deemed to be devolved, and transferred to him to whom the succession of Spain ought to be transferred, in such care, and at any time whatsoever; so that we do take and hold him for true and lawful successor, because neither we, nor our descendants; ought any more to be

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considered as having any foundation of representation, active or passive, or making a continuation of a line effective, or contentive of substance, blood, or quality, nor ought we to derive any right from our descent, or reckon the degrees from queen Anne of Austria, our most honoured lady and grandmother, nor from the glorious king her ancestors. On the contrary, we ratify the renunciation which the said lady queen Anne made, and all the clauses which the kings Philip III. and Philip IV. Inserted in their wills. We renounce in like manner all the right which may appertain to us, and to our children and descendants, by virtue of the declaration made at Madrid, the 29th of October, 1703, by Philip V. king of Spain our nephew; and any right which might appertain to us, for us, and our descendants, we i:elinquish the same, an renounce it for us and for them; we promise and engage for us, our said children and descendants, present and to come, to employ ourselves with all our might, in causing these presents to be observed and fulfilled, without allowing, or suffering that, directly or indirectly, the same be violated, whether in the whole, or in part. And we relinquish all means, ordinary or extraordinary, which by common right, or any special privilege might appertain to us, our children and descendants; which means we renounce absolutely, and in particular that of evident, enormous, and most enormous prejudice, which may be found in the renunciation of the succession to the said crown of Spain; and we will that any of the said means neither may, nor can serve, or avail us. And if under this pretext, of any other colour whatever, we would possess ourselves the said kingdom of Spain by force of arms, that the war which we should make, or stir up, be held for unjust, unlawful, and unduly undertaken; and that on the contrary, that which he should make upon us, who by virtue of the renunciation should have right to succeed to thee crown of Spain, be held for just and allowable; and that all he subjects 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 assurance, and security of all that we say and promise, for us, and in the name of our succes-

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sors and descendants, we swear solemnly on the holy gospels, contained in this missal, whereon we lay our right hand, that we will keep, maintain, and fulfil the same wholly and entirely; and that we will at no time ask to have ourselves relieved therefrom; and if any person asks it, or it is granted us motu proprio,, we will not make use, or avail ourselves thereof; but rather, in case it should be granted us, we make another oath, that this shall subsist and remain for ever, what dispensation soever may be granted us. We further swear and promise, that we have not made, neither will we make, either in publick, or secret, any protestation, or reclamation to the contrary; which may hinder that which is contained in these presents, or lessen the force thereof, and if we should make any, what oath soever they may be attended with, they shall not have either force or virtue, or produce any effect.

And for greater security, we have passed, and do pass the present act of renunciation, abdication, and relinquishment, before masters Anthony le Moyne, and Alexander le Fevre, counsellors to the king, notaries, minute-keepers, and seal-keepers at the chatelet of Paris, hereunder written, in our palace-royal at Paris, 1712, the 19^th of November, before noon; and for causing these presents to be insinuated and registered in every place, where it shall appertain, we have constituted the bearer to be our attorney, and we have signed these presents, and the minute thereof remaining in the possession of the said Le Fevre, notary.

 PHILIP, of Orleans.

Le Moyne, Le Fevre.

LEWIS, by the grace of God, king of France and Navarre, to all present and to come, greeting. The prosperity, which it has pleased God to heap upon us during the course of our reign, are so many motives to us, to apply ourselves, not only for the time present, but also for the future, to the happiness and tranquility of the peo-

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ple whereof Divine Providence has entrusted to us the government. His impenetrable judgments, let us only see, that we ought not to place our considence, neither in our forces, nor in the extent of our dominions, nor in a numerous posterity, and that these advantages which we receive from his goodness alone, have no other solidity than what it pleases him to give them. But as it is, how ever, his will that the kings, whom he chuses to lead his. people, should foresee afar off the events able to produce disorders, and the most bloody wars; that they should make use of the lights, which his divine wisdom pours upon them; we fulfil his designs, when, in the midst of the universal rejoicings of our kingdom, we look upon, as a possible thing, a sad futurity, which we pray God to avert for ever. At the same time that we accept the will of the late king of Spain; that our most dear and most beloved son the Dauphin, renounces his lawful right to that crown, in favour of his second son the duke of Anjou, our most dear and most beloved grandson, instituted by the late king of Spain, his universal heir; That this prince, known at present by the name of Philip V. king of Spain, is ready to enter his kingdom, and to answer the earnest wishes of his new subjects; this great event does not hinder us from carrying our views beyond the time present, and when our succession appears the best established, we judge it to be equally the duty of a king, and of a father, to declare, for the future, our will conformably to the sentiments which these two qualities inspire in us. Wherefore, being persuaded that the king of Spam, our grandson, will always preserve for us, for our house, for the kingdom wherein he is born, the same tenderness, and the same sentiments, whereof he has given us so many proofs, that his example, uniting his new subjects to ours, is going to form a perpetual amity, and the most perfect correspondence between them; we should think likewise, that we do him an injustice, whereof we are incapable, and occasion an irreparable prejudice to our kingdom, if we should hereafter look upon as a stranger, a prince, whom we grant a unanimous request of the Spanish nation.

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For these causes, and other great considerations us hereunto moving, of our special grace, full power, and royal authority, we have resolved, declared, and ordained and by these presents signed with our hand, we do resolve, declare, and ordain, we will, and it is our pleasure, that our most dear and most beloved grandson the king of Spain do preserve for ever the rights of his birth, in the same manner as if he made his actual residence in our kingdom; wherefore our most dear and most beloved only son the Dauphin, being a the true and lawful successor and heir of our crown, and of our dominions, and after him our most dear and most beloved grandson the duke of Burgundy, if it should happen (which God forbid) that our said grandson the duke of Burgundy, should come to die without male children, or that those which he should have in good and lawful marriage, should die before him, or if the said male children should not leave any male children after them born in lawful marriage, in such case our said grandson the king of Spain, making use of the rights of his birth, is to be the true and lawful successor to our crown, and to our dominions, notwithstanding he should be at that time absent, and residing out of our said kingdom; and immediately after his decease, his heirs male begot in lawful marriage, shall come into the said succession, notwithstanding that they may be born, or that they may dwell out of our kingdom; we will that, for the abovesaid causes, neither our said grandson, the king of Spain, nor his children, being males, be deemed and reputed less able and capable to enter upon the said succession, or upon others which may fall to them, within our said kingdom. On the contrary we intend, that all rights, and generally other things whatever, which may at present, or for the future, belong and appertain to them, be and remain preserved whole and intire as if they did reside and dwell constantly within our kingdom to the time of their decease, and as if their heirs had been natives, and inhabitants of the kingdom; having for this purpose, as far as there is or shall be need, enabled and dispensed with them, as we do enable and dispensed with them by these presents. And so we give it in command to our beloved and trusty councellors, the members of our court of parliament, and chamber of our ac-

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counts at Paris, presidents and treasurers general of France in the office of our exchequer established in the same place, and to all others our officers and justices to whom it shall appertain, that they cause these presents to be registered, and our said grandson the king of Spain, his children and descendants, being male, born in lawful marriage, to enjoy and use the contents thereof, fully and peaceably, any thing to the contrary notwithstanding; to which, by our grace and authority, as abovesaid, we have derogated, and do derogate; for this is our pleasure. And that this may be a matter firm and lasting for ever, we have caused our seal to be put to these presents. Given at Versailles, in the month of December, in the year of our Lord, 1700, and of our reign the 58th. Signed LEWIS, and on the fold, by the king, Phelipeaux. And sealed with the great foal on green wax, with strings of red and green silk.

Registered, the king’s attorney general being heard and requiring the same, in order to their being executed ac cording to their form and tenor, pursuant to the act of this clay. At Paris in parliament, the 1st of February, 1701.

Signed,                                                             DONGOIS.

 

NOW whereas it is provided and settled by the pr£: ceding renunciation (which is always to have the force of a pragmatick, fundamental, and. inviolable law) that at no time whatever either the Catholick King himself or any one of his lineage, shall seek to obtain the crown of France, or ascend the throne thereof; and by reciprocal renunciations on the past of France, and by settlements of the hereditary succession there, tending to the same purpose, the crowns of France and Spain are so divided and separated from each other, that the aforesaid renunciations, and the other transactions relating thereto, remaining in force, and being truly and faithfully observed, they can never be joined in one. Wherefore the most serene queen of Great Britain, and the most serene the most Christian King, engage to each other solemnly, and on their royal words, that nothing ever shall be done by them; or then heirs and successors, or allowed to be done by others, whereby the aforesaid renunciations, and the other

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transactions aforementioned, may not have their full effect: but rather on the contrary, their royal majesties, with joint councils and forces, will always sincerely take that care, and use those endeavours, that the said foundations of the publick safety may remain unshaken, and be preserved untouched for ever.

Moreover, the most Chrinian King consents and engages, that he will not, for the interest of his subjects, hereafter endeavour to obtain, or accept of any other usage of navigation and trade to Spain, and the Spanish Indies than what was practiced there in the reign of the late king Charles II. of Spain, or than what shall likewise be fully given and granted, at the same time, to other nations and people concerned in trade.

VII. That there be a free use of navigation and commerce between the subjects of both their royal majesties, as it was formerly in time of pace, and before the declaration of this last war, and also as it is agreed and concluded by the treaty of commerce this day made between the two nations.

VIII. That the ordinary distribution of justice be revived, and open again, through the kingdoms and dominions of each of their royal majesties, so that it may be free for all the subjects on both sides, to sue for, and obtain their rights, pretensions and actions, according to the laws constitutions, and statutes of each kingdom.

1. The Most Christian King shall take care that all the fortifications of the city of Dunkirk be razed, that the harbour be filled up, and that the sluices or moles which serve to cleanse the harbour be levelled, and that at the said kings own expence, within the space of five months after the conditions of peace are concluded and signed; that is to say, the fortifications towards the sea, within the space of two months, and those towards the land, together with the said banks, within three months; on this express condition also, that the said fortifications, harbour, moles or sluices, be never repaired again. All which shall not, however, be begun to be ruined, till after that every thing is put into his Christian Majesty’s hands, which is to be given him, instead thereof, or as an equivalent.

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1. The said most Christian King shall restore to the kingdom and queen of Great Britain, to be possessed in full right for ever, the bay and streights of Hudson, together with all lands, seas, sea-coasts, rivers, and places situate in the said bay, and streights, and which belong thereunto, no tracts of land or of sea being excepted, which are at present possessed by the subjects of France. All which, as well as any buildings there made, in the condition they now arc, and likewise all fortresses there erected, either before or since the French seized the same, shall within six months from the ratification of the present treaty, or sooner, if possible, be well and truly delivered to the British subjects, having commission from the queen of Great Britain, to demand and receive the same, entire and undemolished, together with all the cannon and cannon-ball which are therein, as also with a quantity of powder, if it be there found, in proportion to the cannon-ball, and with the other provision of war usually belonging to cannon. It is however provided, that it may be intirely free for the company of Quebec, and all other the subjects of the most Christian King whatsoever, to go by land, or by sea, whithersoever they please out of the lands of the said bay, together with all their goods, merchandizes, arms, and effects, of what nature or condition soever, exert such things as are above reserved in this article. But it is agreed o both rides, o determine within a year, by commissaries to be forthwith named by each party, the limits which are to be fixed between the said bay of Hudson, and the places appertaining to the French; which limits both the British and French subjects shall be wholly forbid to pals over, or thereby to go to each other by sea or by land. The same commissaries shall also have orders to describe and settle, in like manner, the boundaries between the other British and French colonies in those parts.
2. The abovementioned most Christian King shall take care that satisfaction be given, according to the rule of justice and equity, to the English company trading to the bay of Hudson, for all damages and spoil done to their colonies, ships, persons, and good, by the hostile incursions and depredations of the French, in time of peace, an estimate being made thereof by commissaries to

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be named at the requisition of each party. The same commissaries shall moreover inquire as well into the complaints of the British subjects concerning ships taken by the French in time of peace, as also concerning the damages sustained last year in the island called Montserat, and others, as into those things of which the French subjects complain, relating to the capitulation in the island of Nevis, and castle of Gambia, also to French ships, if perchance any such have been taken by British subjects in time of peace. And in like manner into all disputes of this kind, which shall be found to have arisen between both nations, and which are not yet ended; and due justice shall be done on both sides without delay.

XII. The most Christian King shall take care to have delivered to the queen of Great Britain, on the same day that the ratifications of this treaty shall be exchanged, solemn and authentick letters, or instruments, by virtue whereof it shall appear, that the island of St. Christophers is to be possessed alone hereafter by British subjects, likewise all Nova Scotia or Acadia, with its ancient boundaries, also the city of Port Royal, now called Annapolis Royal, and all other things in those parts, which depend on the said hands and islands, together with the dominion propriety, and possession of the said islands, lands, and places, and all right whatsoever, by treaties, or by any other way obtained, which the most Christian King, the crown of France, or any the subjects thereof, have hitherto had to the said islands, lands, and places, and the inhabitants of the same, are yielded and made over to the queen of Great Britain, and to her crown for ever, as the most Christian king does at present yield and make over all the particulars abovesaid; and that in such ample manner and form, that the subjects of the most Christian King shall hereafter be excluded from all kind of fishing in the said seas, bays, and other places, on the coasts of Nova Scotia, that is to say, on those which lie towards the East, within 30 leagues, beginning from the island commonly called Sable, inclusively, and thence stretching along towards the South-west.

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wholly to Britain; and to that end the town and fortress of Placentia, and whatever other places in the said island are in the possession of the French, shall be yielded and given up, within seven months from the exchange of the ratifications of this treaty, or sooner, if possible, by the most Christian King, to those who have a commission from the queen of Great Britain, for that purpose. Nor shall the most Christian King, his heirs and successors, or any of their subjects, at any time hereafter, lay claim to any right to the said island and islands, or to any part of it, or them. Moreover, it shall not be lawful for the subjects of France, to fortify any place in the said island of Newfoundland, or to erect any buildings there, besides stages made of boards, and huts necessary and usual for drying of fish; or to resort to the said island, beyond the time necessary for fishing, and drying of fish. But it shall be allowed to the subjects of France, to catch fish, and to dry them on land, in that part only, and in no other besides that, of the said island of Newfoundland, which stretches from the place called cape Bonavista, to the northern point of the said island, and from thence running down by the western side, reaches as far as the place called Point Riche. But the island called Cape Breton, as also all others, both in the mouth of the river of St. Lawrence, and in the gulph of the same name, shall hereafter belong of right to the French, and the most Christian King shall have all manner of liberty to fortify any place, or places there.

XIV. It is expressly provided, that in all the said places and colonies to be yielded and restored by the molt Christian King, in pursuance of this treaty, the subjects of the said king may have liberty to remove themselves within a year to any other place, as they shall think fit, together with all their moveable effects. Dut those who are willing to remain there, and to be subject to the kingdom of Great Britain, are to enjoy the free exercise of their religion, according to the usage of the church of Rome, as far as the laws of Great Britain do allow the same.

1. The subjects of France, inhabiting Canada, and others, shall hereafter give no hindrance or molestation the five nations or cantons of Indians, subject to the dominion of Great Britain, nor to the other natives of Ame-

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rica, who are friends to the same. In like manner the subjects of Great Britain, shall behave themselves peaceably towards the Americans, who are subjects or friends to France; and on both sides they shall enjoy full liberty of going and coming on account of trade. As also the natives of those countries shall, with the same liberty, resort, as they please, to the British and French colonies, for promoting trade on one side, and the other, without any molestation or hindrance, either on the part of the British subjects, or of the French. But it is to be exactly and distinctly settled by commissaries, who are, and who ought to be accounted the subjects and friends of Britain, or of France.

XVI. That all letters, as well of reprisal, as of mark and countermark, which have hitherto on any account been granted on either side, be and remain null, void, and of no effect; and that no letters of this kind be hereafter granted by either of their said. royal majesties, against the subjects of the other, unless there shall have been plain proof beforehand of a denial, or wrongful delay of justice; and unless the petition of him, who desires the grant of letters of reprisal, be exhibited and shewn to the minister, who resides there in the name of that prince, against whose subjects those letters are demanded, that he within the space of four months, or sooner, may make enquiry to the contrary, or procure that satisfaction be forthwith given to the plaintiff by the party accused. But in case no minister be residing there from that prince, against whose subjects reprisals are demanded, that letters of reprisal be not granted till after the space of four months, to be computed from the day whereon the petition was exhibited and presented to the prince, against whose subjects reprisals are desired, or to his privy council.

XVII.. Whereas it is expressly stipulated among the conditions of the suspension of arms, made between the abovementioned contracting parties the day of August last past, and afterwards prolonged for four months more, in what cafes ships, merchandizes, and other moveable effects, taken on either side, should either become prize to the captor, or be restored to the former proprietor; it is therefore agreed, that in those cafes the conditions of

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the aforesaid suspension of arms shall remain in full force, and that all things relating to such captures, made either in the Britain and Northern seas, or in any other place, shall be well and truly executed according to the tenor of the same.

XVIII. But in case it happen through inadvertency, or imprudence, or any other cause whatsoever, that subject of their aforesaid royal majesties do, or commit any thing by land, by sea, or on fresh waters, in any part the world, whereby this present treaty be not observed, or whereby any particular article of the same hath not its effect, this peace and good correspondence between the queen of Great Britain, and the most Christian King, shall not be therefore interrupted or broken, but shall  main in its former strength, force, and vigour. But that subject alone shall he answerable for his own fact, and shall suffer the punishment, which is inflicted by the rules and directions of the law of nations.

XIX. However, in case (which God Almighty forbid) the dissentions which have been laid asleep, should at any time be renewed, between their said royal majesties, or their successors, and break .out into open war, the ships, merchandizes, and all the effects, both moveable and immoveable, on both sides, which shall he found to be and remain in the ports, and in the dominions of the adverse party, shall not be confiscated, or any wise undamaged; but the entire space of six months, to he reckoned from the day of the rupture, shall be allowed to the said subjects of each of their royal majesties, in which hey may sell the aforesaid things, or any part else of their effects or carry and remove them from thence whither they please, without any molestation, and retire from thence themselves.

1. Just and reasonable satisfaction shall be given to all and singular the allies of the queen of Great Britain, in those matters which they have a right to demand from France.

XXI. The most Christian King will, in consideration of the friendship of the queen of Great Britain, grant, that in making the treaty with the Empire, all things concerning the state of religion in the aforesaid Empire, shall

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be settled conformable to the tenor of the treaties of Westphalia, so that it shall plainly appear, that the most Christian King neither will have, nor would have had any alteration made in the said treaties.

XXII. Moreover, the most Christian King engages, that he will forthwith., after the peace is made, cause justice to be done to the family of Hamilton, concerning the dukedom of Chatelraut, to the duke of Richmond, concerning such requests as he has to make in France, as also to Charles Douglas, concerning certain lands to be reclaimed by him, and to others.

XXIII. By the mutual consent of the queen of Great Britain, and of the most Christian King, the subjects of each party, who were taken prisoners during the war, shall be set at liberty, without any distinction or ransom, paying such debts, as they, shall have contracted during the time of their being prisoners.

XXIV. It is mutually agreed, that all and singular the conditions of the peace, made this day between his sacred royal most Christian Majesty, and his sacred royal majesty of Portugal, be confirmed by this treaty; and her sacred royal majesty of Great Britain takes upon herself the guaranty of the same, to the end that it may be more firmly and inviolably observed.

XXV. The treaty of peace made this day between his sacred royal most Christian Majesty, and his royal highness the duke of Savoy, is particularly included in this treaty, as an essential part of it, and is confirmed by it, in the same manner as if it were word for word inserted therein; her royal majesty of Great Britain declaring expressly, that she will be bound by the stipulations of security and guaranty promised therein, as well as by those, which she has formerly taken upon herself.

XXVI. The most serene king of Sweden, with his kingdoms, dominions, provinces, and rights, as also the great duke of Tuscany, the republick of Genoa, and the duke of Parma, are in the best manner included in this treaty.

XXVII. Their majesties have also been pleased to comprehend, in this treaty, the Hans-towns, namely, Lubeck, Bremen, and Hamburg, and the city of Dantzick,

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with this effect, that as soon as the general peace shall be concluded, the Hans-towns and the city of Dantzick may, for the future, as common friends, enjoy the ancient advantages which they have heretofore had in the business of trade, either by treaties, or by old custom.

XXVIII. Those shall be comprehended in this present treaty of peace, who shall be named by common consent, on the one part and on the other, before the exchange of the ratifications, or within six months after.

XXIX. Lastly, solemn ratifications of this present treaty, and made in due form, shall be exhibited on both sides at Utrecht, and mutually and duly exchanged within the space of four weeks, to be computed from the day of the signing, or sooner, if possible.

XXX. In witness whereof, we the underwritten ambassadors extraordinary and plenipotentiaries of the queen of Great Britain, and, of the most Christian King, have put our seals to these present instruments, subscribed with our own hands, at Utrecht the 31/11th day of March/April in the year 1713.

(L. S.) Joh. Bristol, C. P. S.                             (L. S.) Huxelles.

(L. S.) Strafford.                                              (L. S.) Mesnager.