THE PRETENSIONS OF THE Most Christian King TO THE Dominions & Territories OF The Most Serene CONFEDERATES, On the One Side: And on the Other, The CLAIMS OF The Most Serene CONFEDERATES TO FRANCE, and the conquered Countries, Truly Stated.  
With Exact inquiries into the Rights of Every One in Particular.  
From the French Original.  
[ Affording great Light into the Present Differences of Europe, and Proper to be Bound up with The Historical and Political Mercury.]  
LONDON, Printed for Henry Rhodes, at the Star, the Corner of Bride-lane, Fleet-street, 1695.   

Imprimatur,  
Decemb. 12. 1694. EDWARD cook.   

A TABLE OF THE MATTERS contained in this Treatise.  

A Short Introduction to the present Treatise, being a strict Enquiry into the Pretensions of the King of France to the Territories and Dominions of the Most Serene Confederate in particular, page. 1  
Pretensions of the Crown of France to the House of Austria: and first, to the Empire, page. 10 

inquiries into the Pretensions of France to the Empire, page. 12    
Pretensions of the King of France to Castille, page. 14 

inquiries into the Pretensions of France to the Crown of Castille, page. 16  
Pretensions of the King of France to the Kingdom of Arragon, page. 23  
inquiries into the Pretensions, &c. page. 24    
Pretensions of the King of France to Catalogna, page. 26 

inquiries, &c. ibid.    
Pretensions of the King of France to Roussillon, page. 27 

inquiries, &c. ibid.    
Pretensions of the King of France to the Kingdoms of Naples and Sicily, page. 28 

inquiries, &c. page. 29    
Pretensions of the Kingdom of France to Navarr, page. 30 

inquiries, &c. page. 31    
Pretensions of the King of France to the Kingdom of Majorca, page. 33 

inquiries, &c. page. 34    
Pretensions of the King of France to Sardigna, page. 36 

inquiries, &c. ibid.    
Pretensions of the King of France to Milanois, page. 37 

inquiries, &c. page. 38    
Pretensions of the King of France to the duchy of Luxemburgh, and the Earldom of Chini, page. 39 

inquiries, &c. ibid.    
Ancient Pretensions of the King of France to Flanders, the Four duchies and Signiories belonging to it, page. 40 

inquiries, &c. page. 41    
New Pretensions of the King of France in Right of the deceased Queen, his Wife, to the duchy of Brabant, Malines, Antwerp, the Upper Guelders, Namurr, Limburg, Dalen, and other Places beyond the Meuse, Hainalt, Artois, Cambray, Burgundy, and Luxemburg, page. 42 

inquiries, &c. page. 44    
The Contract of Marriage of the Most Christian King, Lewis XIV. and the Infanta, Dona Maria Teresa, the Most catholic King's Daughter, page. 50  
The Ratification of His Most Christian Majesty, page. 58  
The Extract of the Act of Renunciation of the Queen of France, ibid.  
Pretensions of the King of France to the Old Town of Gaunt, with all its Dependencies, the City and Castellanship of aloft, the City of Gramont, &c. page. 61 

inquiries, &c. page. 62    
Pretensions of the King of France to the republic of Genoa, page. 63 

inquiries, &c. page. 65    
Pretensions of the King of France to the Dukedom of Savoy, Principality of piedmont, and Earldom of Nice, page. 66 

inquiries, &c. page. 67    
Pretensions of the King of France to lorraine, page. 68 

inquiries, &c. page. 69    
Pretensions of the King of France to the Principality of Orange, page. 71 

inquiries, &c. ibid.    
Pretensions of France to Avignon and Venessin, page. 72  
Pretensions of France to the Exarchy of Ravenna, and the Country of Pentapolis, page. 74 

inquiries, &c. page. 75    
Pretensions of France to the County of Nice, page. 76 

inquiries, &c. ibid.    
Pretensions of France to the duchy of Deux Ponts; Montbelliard, Strasburgh, and Casal, page. 77 

inquiries, &c. page. 78    
PRetensions of the Most Serene Confederate Princes to France, and the conquered Countries: and first, Of the Pretensions of the Emperor to France, page. 80 

inquiries into the Pretensions of the Empire to France, page. 82    
Pretensions of the Emperor to the City of Metz, Toul, and verdon, and the Just Interest th●se Cities have to their own Liberties, page. 83 

inquiries, &c. page. 84    
Pretensions of the Emperor to Provence, the Dauphinate, and Languedoc, page. 85 

inquiries, &c. page. 86    
Pretensions of the King of Spain to Alsatia, page. 87 

inquiries, &c. page. 88    
Pretensions of the King of Spain to the duchy of Burgundy, ibid. 

inquiries, &c. page. 89    
Pretensions of Spain to Franche-Conte, page. 90  
Pretensions of Spain to Bretaign, ibid. 

inquiries, &c. page. 91    
Pretensions of the King of England to France, page. 95 

inquiries, &c. page. 97    
Pretensions of the King of England to Normandy, page. 98 

inquiries, &c. ibid.    
Pretensions of the King of England to Guienne, Poitou, and Languedoc, ibid. 

inquiries into the King of England's Pretensions to Guienne, Poitou, and Languedoc, page. 99      


THE Claims and Pretensions OF THE French King, &c.  
THOUGH there be nothing of positive Certainty known, in reference to the Time when States and Kingdoms Began, yet we make no scruple to believe that they were as Ancient as the World. Adam was a King over his Children. Cain, and his other Sons, were Kings also over theirs. And after the Deluge, the Fathers, and the Eldest Sons, most assuredly governed their Families with an Authority little inferior to that which now-a-days Princes assume over us: with this difference, however, that as they were Natural Fathers, they were likewise sensible of those Real Affections which alway inclined 'em to Mildness and Moderation, and which induced 'em never to employ themselves but in the laudable Care of procuring the Welfare and Repose of those over whom either Nature or Fortune had given the Authority of Parents or Masters. In that, far remote from the politics of the greatest part of Sovereigns not only now-a-days, but of distant Ages who persuade Themselves, That the People were Created, and the Throne Erected for them. A Maxim so much the more dangerous, in regard that the Courts of Princes are always crowded with Flatterers, who, without ceasing, instil it into the Ears of Princes, as most certainly believing that it is the most assured Means to insinuate themselves into their Favour. From thence come Taxes, Impositions, Vexations, Acts of Injustice, and Wars.  
That after the Deluge, Fathers and the Eldest Sons were Kings in their Families, is no more then what we clearly find in the Book of Genesis; where the economy of Abraham, Isaac and Jacob, and of the Twelve Tribes, is exactly laid down before u, together with the Wars which they waged against the Kings their Neighbours, who could be no other then they were, the Heads of some certain Families, more-especially in the Time of Abraham. For there is no likelihood that he could so easily have vanquished Five Kings at a time, had they been Potent Princes.  
In the mean time we are bound to believe, that Small and Petty Families, fearing to be oppressed, joined themselves with the more Numerous; who being continually augmented and reinforced by their Assistance, were able, in process of Time, to spread thmselves into Conquest, and to set up Powerful Dominions.  
We shall not here trouble ourselves to give an Account what Empires were the First that flourished in the World, that being none of our Business. 'Tis sufficient to tell ye by the bye, That several maintain the First and most Ancient Monarchy to be that of the Assyrians: and that others, on the contrary, assert the Monarchy of the Egyptians to be more Ancient then the former; which, in the Time of Herodotus, vaunted to the World a Pedigree of several Hundreds of Kings. Laying therefore this Question aside, which makes nothing to our purpose, we shall only speak of the several sorts of Government which were and are still extant among Men. These are usually reduced into Three sorts, under which, 'tis said, all the rest are comprehended; that is to say, Monarchy, Aristocracy and Democracy.  
Monarchy is that which resigns the Sovereign Power into the Hands of One Single Person, who acknowledges none but God and the Laws to be above him. Of that kind are now-a-days the Monarchies of France, Spain, Swedeland, Denmark, Portugal, &c.  
Aristocratical Government admits into the Administration of it, a certain Number of Persons, more or less, Noble or Burgesses, yet all distinguished by their Birth, which gives 'em a Right of Lordship; as is to be seen at Venice, where the Senate of Noblemen Commands after a Sovereign manner, to the Exclusion of the Citizens: and the Title of a Noble Venetian being Hereditary, such is also the being a Member of the Sovereignty. Genoa, Maltha, Ragusa, and some of the Cantons of Switzerland, are governed according to the Laws of a Real Aristocracy.  
Democracy, on the other side, is that which authorizes a Popular Government. We have at this day several of this sort in Germany, Holland, Switzerland, and the Country of the Grisons. For altho' that these republics are governed after a different manner, nevertheless they are Democratical for all that, with this Distinction, that some are better Regulated then the other. But in regard it is not our Business to enter, in this place, into an Examination of the Defects or Excellencies of either, we shall only tell you, That a Real and True Democratical Government is such a one, as wherein every thing being well managed for the Welfare and Advantage of the public, the Nobility has but a small part therein, being governed by Persons of Merit and virtue, at least thought to be so, deputed by the Commonalty of the Cities and Provinces.  
Besides these Three sorts of Government, there are Two oaths reckoned into the Number, despotic and Oligarchick; to which we may add a Third, and name it Lacedaemnian.  
despotic, gives an Absolute, Arbitrary, and independent Power to the Prince, whose Will alone serves instead of a Law; and who, by virtue of that Will, may when he pleases deprive his Subjects of their Estates, as also of their Lives, without any Form of Process, or without any possibility of making any Defence against it.  
Oligarchy, to speak properly, is no other then an Aristocracy administered by a small number of Persons, as Twenty, Thirty, or more, particularly made choice of. But these sorts of Government cannot long subsist; because that the nearer they approach to the Degree of Sovereignty, the more easily they mount up to it, and the more they are tempted to it. For several Ages we have not had any Governments of this sort.  
The case is not the same with the Third sort of Government, which we have called Lacedaemonian, in reference to the manner after which the lacedæmonians were governed. For they had a King; but his Authority was so small, that he could not undertake any thing of himself; besides, that he was responsible for his Actions to the Ephori, who were indeed the Real Sovereigns. Histories, both Ancient and Modern, furnish us with several of the same nature, among which, I shall make no scruple to number that of France. It being certain, that all the Kings of the First Race, and many of those of the Second and Third, were not Absolute in the Kingdom as now they are. 'Tis a thing well known to all the World. We have seen some of 'em more then once deposed by the States-General; not to mention the Authority of the parliament, which far surpassed that of the King's, and which was not utterly abolished till after the Ministry of Cardinal Richlieu. The Kings of England and Poland are limited after the same manner. The first by the parliament of the Kingdom, the second by the diets. However, these two Governments are not alike in all things, for that the one allows a more extended Power then the other.  
Among all the Kingdoms of this sort, the most Extraordinary, in my Opinion, was that of Arragon in former Times. The People of that Kingdom, after they had shook off the Yoke of the Infidels, and re-conquer'd their own Country, made choice of a King to rule over 'em, who was Don Garcia Ximenes, a Gentleman of a Good Family, to whom they gave the Crown; but upon such severe Conditions, that we do not remember ever to have heard of the like. For they not only subjected him to the States-General of the Country, who might Depose him when they pleased, but they set over him a Chief-Justice, whom they called El Justitia, who could not be condemned for any Crime, whatever it were, but by the States of the Country. This Minister was the Conservator of the Laws which they made at the same time, and which they called by the Name of La-Vajon; which contained little else only some Regulations to prevent the ambitious Designs of their King, and to bind his Hands in such a manner, that he could make no Attempt upon their Liberty. The two principal Articles were, That if the King went about to violate their Privileges, they might choose another, either of the same or another Family; nay, though he were a Pagan, if they thought it convenient. The Second was, That, if he wronged any Subject or Vassal, the Nobles of the Country being assembled together, might confiscate his Revenue till he had satisfied the Party injured.  
Besides that, they framed an Oath reciprocal between the King and themselves; which was to be taken after this manner. The Chief Justiciary being seated upon a Throne, the King came and kneeled before him, without either Sword, Cap, or Girdle; and in that humble Posture swore to observe the Law, La-Vajon, together with all the Privileges which it gave to the Arragonians. And these were the peculiar Terms which they made use of; We that are of Equal Value with yourself, make You our King and Lord, upon Condition that you observe our Laws and Privileges; and if not, not. This Law remained in full force till the Reign of Don Pedro, surnamed El Punal, who not being able to digest this Custom, never left till by his intrigues he had got so strong a Party on his side, that the Law La-Vajon was abrogated by the Assembly of Estates; and the Original being delivered into his Hands, he cut it to pieces with his Poniard, wherewith, at the same time, he stabbed himself into the Arm, saying, That 'twas but fit a Law so injurious to Kings should be obliterated by the Blood of a King: and for that reason he was surnamed El Punal. His Statue also is still standing in the public Hall of the Deputation at Saragossa, holding a Poniard in one Hand, and the Arragonian Privileges in the other, which appears wounded with the Blow that he gave himself. From that time forward the Kings of Arragon were no longer Elective, nor depended upon the Nobility. However, the Officer called by the Name of El Justicia, still remains, and that Employment is one of the most Noble in Spain. He that enjoys it, takes cognizance of all Suits and Complaints against the Judges of the Kingdom; and Condemns 'em to Death, if he finds that they have given an Illegal and Unrighteous Sentence. A Custom which cannot be too much applauded, and which ought to be observed in all wellregulated Governments. This would be a means to stop the Course of so much Injustice as is committed in the Palace; it being certain, that there are but too many Judges over whom sordid Interest prevails to that degree, that they care not what Mischief they do. Besides, that it would oblige 'em to decide a svit in Law at least within a Year, which is a time sufficient to understand the Merits of a Cause, unless where Witnesses are far remote in Foreign Parts. Is it not a thing that cries for Vengeance from Heaven, to see poor Families ruined by the Charges of the bar, and drilled on from one wrangling Quirk to another, for Threescore and ten or Fourscore Years together? Yet there is nothing more common, particularly in France; and we could city Ten Examples for One, were it requisite. But we shall return to our first Discourse.  
I am apt to believe that we have clearly enough demonstrated what are the different kinds of Government that have been in use till this present, and which are still at this day practised in the World. But there remains one difficult Question to be decided, which in all Ages has exercised the Wits and Arguments of Politicians. That is to say, Which of all these Governments is to be preferred the one before the other, and which is most Advantageous to the public? A Question that as yet has never been clearly resolved, some holding for Monarchy, others siding with the Republican; and even these are divided among themselves into different Parties. We shall not undertake to determine a Question so dubious as this, wherein the Pro's and Con's are upheld by so many Reasons. Nevertheless, for the Satisfaction of the Reader, who probably will be willing to know our Sentiments, we shall deliver what we think upon this Subject.  
despotic Government, the most Odious of all, as that which authorizes all manner of Injustice, Vexations and Cruelties, would however most assuredly be that, which without the least Hesitation we should prefer before all others, if all Kings were Solomons, such as of which Monsieur Fouquet gives us an Idea, in his Book of the Counsels of Wisdom. But because, so far from that, the greatest part of Princes are Wicked and slothful, Soft and Effeminate, or easy to be Deluded, we must agree with all the World, That despotic Government is Unjust, Tyrannical and Detestable.  
The Government purely Monarchical, which follows it close at the heels, is much more mildred and Equitable; yet after all, it is not the best, because the too great Power of a Prince generally tempts him to degenerate into despotic. Desire of Command being a Fire, that like the Rage of Avarice, never cries it has enough. This is no more then what God foretold to his People, when he gave 'em a King in his Wrath; He will have the tithes( says He) of your Crops and your Vintage, and will give them to his Eunuchs and his Servants. And he will take your man-servants and your Maid-servants, and your goodliest Young-men, and put them to his work. He will take the tenth of your Sheep, and ye shall be his Servants, &c.  
This prophesy has been but too truly fulfilled, and the History of past Ages sufficiently testifies, or rather we find verified in our days. Not that we would be thought to believe that all Kings are animated with the same Spirit. We would not do that Injury to Royal Majesty: nor are we ignorant, that there have been and still are most Excellent Princes, who far from extending their Power beyond the Bounds of Law, confine themselves within very narrow Limits. But in conclusion, the Number of them is but small, in comparison of the Others. Sovereign and Arbitrary Authority is a Delicious Morsel which it is a difficult thing for frail Man to kerb himself from Tasting, when it is only his fault if he do not: and some there be who pretend to that Equity and Moderation which otherwise they would not do, were their Strength but answerable to their Ambition.  
Neither should Aristocracy be the Government we would make choice of. There is nothing in it but the Shadow of Liberty, where not only the Citizens but the Noblemen live in terrible Slavery. 'Tis true, the Government meddles not with their Estates, which I must aclowledge to be a great Point, but it will not permit 'em to expend their Estates as they please themselves: for the Government calls the Subject to such a vexatious Account, that it regulates their very Apparel, their Servants, the Furniture of their Houses, their Attendants, and prescribes 'em even what People they must visit, and what Company they must keep. Reckon moreover the continual Fear they are in of speaking, before a spy, of an Inquisitor of State, or of the Church, who, upon his single Information, is able to cause the Hanging or Drowning of the Best Man in the City. Nevertheless, these Inconveniencies, from which no body is exempt in Venice, from the Duke himself to the meanest Gondoleer, are nothing in comparison of that same Dependency of the Third Estate upon the Nobility. They are greater then can be well imagined; so that a Citizen, how Wealthy soever he be, dares not abide in his Country, if an Ordinary Nobleman have an Antipathy or but a slight Quarrel against him. Insomuch, that instead of One Sovereign, he meets with Seven or Eight hundred before whom it behoves him to creep and cringe. 'Tis true, that in recompense of this, they are permitted to keep as many Courtesans, and as publicly as they please; and that they are allowed, at certain times, to run about in Masquerade. This is the Liberty which the Venetians so highly boast of, and which they many times so insolently brag of, with a Where else, if not at Venice? Nevertheleless, we do believe they are not envied for it by many worthy People. However, we must not say, that these hard Laws which the Senate imposes upon their Subjects, are a sufficient Reason for the absolute condemning of Aristocratical Government, which is mildred of itself, and only rendered Severe and Harsh by the Venetians. Yet they have done no more then what they could not dispense with doing, if they intended to prevent Quarrels and Disorders. These ponderous Laws are they that have established their republic upon the same Foundations on which they fixed it above Twelve hundred Years ago; and which are so essential to this sort of Government, that without 'em it could not long subsist.  
As for Democracy, we shall not say much of it, as being a Government that was never well received into this World. For though Otanes, in Herodotus, recommends it to the Persians, Propter illam Isonomiam, or Equabilitatem Juris, that, as he says, attends it; yet Megabysus, in answer to him, explodes it. For says he, 〈◇〉, &c. Nothing is more Sottish nor more Insolent then the Popular Multitude. What a King does, he acts with Advice and Knowledge. But 'tis the Property of the Multitude to understand nothing. For how should they who never were Taught, nor knew any thing of what was Noble and Decent even in their own Families, understand what belongs to Government of Kingdoms? running headlong upon Business like a Torrent. They therefore that wish Evil to the Persians, let them make use of a Popular Government. As for those that extol Democracy upon the account of the Jewish Polity, they are vainly mistaken. For the Jewish Government was indeed the purest Monarchy in the World, called therefore by our best Divines 〈◇〉, a Theocrasie, governed under God their Supreme Sovereign, by his two Vicegerents, Moses in Temporals, and Aaron in Spirituals; only with this Distinction, that Aaron was subordinate to Moses; besides, that the Judges were single Persons. Moreover, we red in Sacred History, That the Princes of the Tribes applied themselves to Moses; The Princes of the Tribes contributed toward the expenses of the Ark, &c. Expressions that no way agree with a Democracy.  
As for Holland and Switzerland, if they pretend to imitate the Exemplar of the Jewish Form, most certainly those States are far from being regulated according to their Maxims. More-especially the swissers have the greatest need in the World of being reformed; and this I leave to the judgement of all Men that have been there. In some Cantons the Sovereignty remains in the Hands of a small number of Inhabitants, who pretend to be the only Burgesses and only Lords. In others, on the other side, the most Important Affairs are decided in the open Field, by Plurality of the Voices of an Ignorant Rabble, who many times understand nothing of the Affair in Question. Thus it is that they consult of Peace and War, of raising Money, and of all things in General, and which is more miserable, out of this Popular Riffraff it is that they make choice of Envoys and Deputies that are to sit in their General diets, and treat of public Business in behalf of their Cantons. So that there is nothing more usual then to see Shoemakers and Ploughmen in those great Assemblies, who bring their Children to wait upon 'em as their Servants.  
It now remains to examine that Government, which we have said to be of the Lacedaemonian Kind, which is neither Republican, nor truly Monarchial, but is a mixture both of the One and the Other. Nor do we know any Kind more Excellent then this. It is usually accompanied with Liberty enough. The Nobility Enjoy those privileges which are due to their Birth, and yet the third Estate is no way Excluded from Business. And they who believe that the Majesty of a King becomes a Kingdom, find wherewithal to content themselves; besides that, really and truly a King is most necessary upon a thousand Occasions, but more particularly in War and in Battels. It being certain that his Presence enlivens the Officers and Soldiers, and that it will avail much more then all his Generals. For which reason, the first Maxim that we believe useful for a King, is to look after his own Business himself, remembering an Old Proverb very frequent among Merchants, That he who does his Business by a Deputy, goes to the Hospital in Person. Not, that we are of their Opinion, who would have a Prince expose himself like a Common Soldier, or that he should charge with his Sword in his Hand at the Head of his Squadrons; that can never be proper, but when all lies at stake, and when there is a necessity either of dying or vanishing, to avoid an otherwise inevitable ruin. But unless it be upon such an Exigency, it behoves a Prince to be sparing of himself, and not slightly to venture a Life, which concerns the welfare of so many People, and upon which depends the Safety of a Country. And let the World say what it pleases, we never esteemed the King of France the worse for always keeping himself without the Reach of gun-shot. 'Tis not for a Victorious Prince to try all sorts of Adventures. A Bare Gentleman may meet with Honour and his Fortune in such hazards, but the Risco's of a Monarch are quiter another thing. His good Fortune consists in managing his Affairs himself in his Cabinet, to dive into every particular that concerns Policy and War, to command his Armies in Person, to issue forth his Orders, and take care that they be faithfully and courageously put in Execution.  
This is what ought to be done, and what the King of France has done And if he had not sullied so many Excellent Endowments with a fatal Ambition of Dominion, and building his Power upon that of his Neighbours, it may be, he might be compared with the Greatest of Christian Princes that ever reigned. But this same Passion that has transported him to put all Europe into Disorder and Combustion, contrary to the Law of Nations, and the Faith of Treaties, will much Eclipse the Lustre of his Glory in future Ages, and will leave him no other Parallel but what may be made between him and a Pagan Prince, who looked upon the Rights of Conquest and Convenience to be Sufficient and Legal. Nevertheless, the Confederate Princes have had the Patience for several Years to see this puissant Enemy of their Liberty continue his Conquests, at a time when it would have been no hard matter to have put a stop to his Career; every one perhaps believing that the Tempest would not fall upon Him; as if their Neighbours House could be burnt, and yet their own receive no damage. But at length, thanks be to Divine Providence that watches over the Preservation of Nations, they have opened their Eyes to see the danger that threatens ' em. They are become sensible of the Ambitious Designs of that haughty pvissance, and have put themselves into a Condition to stem their Impetuosity. Nevertheless, we cannot forbear saying, that they stayed till the last Extremity, and that had the League been delayed but never so little longer, the Opportunity would have been elapsed. The King of France's Aim was neither upon this or that Province, but upon the Empire, upon all Europe, upon the Universal Monarchy. This was the Mark he driven at, and which he had laboured for so many Years. 'Twas the Conjecture of the Politicians fifteen or twenty Years ago, but now 'tis plainly seen and understood, nor do the French themselves dissemble it. All the Books that have been written at Paris for this seven or eight Years, and the Verses that have been there dispersed abroad, are full of the prognostics of this future Monarchy.  
One of the King's Geographers, well known, has made no scruple to place him in the Number of Emperors of Europe, in a Treatise of Geography which he published within this little while, which doubtless was not done without Order. However let us suppose the Contrary, and that all that has been published in France, was done unknown to the King; nay, let us aclowledge that he knew nothing of the Medal which was coined some Years ago, wherein he was represented with an Eagle upon his Head: Yet what Interpretation will they give to that same Insupportable Pride wherewith he treated all sovereigns? Not one was Exempted, no not the Pope himself, to whom he sent a Person to out-brave him upon the Apostolical Chair, that carried himself more like an Insolent Victor then an ambassador, and who acted the King above a Year, even in Rome itself. How superbly did the Count d' Avaux declare in the King's Name to the States of Holland, that he would look upon all those as his Enemies, that should undertake to oppose him in the Business of Cologne. Could any Man act more like a sovereign upon that Occasion? And was not the bestowing one of the Principal Electorates upon his Creatures a subjecting both the Emperor and Empire. Add to this the sovereign Court of Mentz, before which there was no Scruple made of citing all manner of Princes, nor of giving forth Decrees of Disseizen against 'em, which afterwards were put in Execution by force of Arms in time of Peace.  
Let us also reflect upon the manner how he tyrannized over the poor Genoeses, whom he forced to alter their Municipal Laws, to the end they might sand their Duke into France to make him satisfaction, and that he might be Duke himself as well at Paris as at Genoua, condemning 'em to a a Fine of a hundred thousand Crowns a Week, in case they failed to sand him. If this were not acting like a universal Monarch, I confess I do not understand the Signification of the Term. This is then a thing sufficiently proved, or rather generally known, that the King of France's design was no less then to invade the Territories of his Neighbours, that he might possess the One, exclude the Others, and keep the rest under the Fealty and Homage which a Vassal owes to his sovereign and Lawful Lord. It only remains to examine whether his Projects are in the Number of those that may be called Chimerical and Imaginary, wherein there is no probability of Success, or whether his Forces are not much greater then we imagined 'em to be, and may not give us some reason to be afraid as well of our own, as the Liberties of our Neighbours.  
This is a very nice Subject: for the public is now adays come to that pass, that it will not be disabused; were they within half a Foot of ruin, for a Man to show 'em the Danger, and the means to avoid it, is not the way to please 'em; like Children, they are offended with those that snatch 'em from the Brink of danger: and they are better satisfied with the scribblers of petty Pamphlets, and the Dispersers of rascally Jests, and frivolous Ballads, that are always for singing Victory and Triumph, and that frequently too, when there is the least Occasion for it. As for ourselves that profess Sincerity, we are so far from disguising our Sentiments, that we shall speak with the Freedom and honest Liberty of a good Citizen.  
It is too certain, that considering the Condition of Affairs after the battle of Landen, the King of France with his own Forces, and which is more, with his Fortune, upon which in imitation of Caesar, he has much more relied, then upon all the Rest, might have extended his Conquests a great way, and if he could not have attained to the End of his Designs, at least he might have come very near it. The Low Countries and Liege lay absolutely open, as every Body knows: So that had he made himself Master of those Places, what could have hindered him from entering Holland and carrying all before him, as he did in 1672. But luckily for us the Countenance of Affairs is changed since that time. The King of France has been constrained to reform a good Number of his Cavalry, for want of Horses to mount 'em, and Money to pay his Troops. On the Other side, the Confederates have so considerably augmented their Forces both by Sea and Land; that the Dauphin with all his Courage has been forced to lye entrenched during a whole Campaign, and the French Fleet has been wedged up in Toulon, not daring so much as to show itself, while Diep, Haure and Honfleur, suffered the same hard Usage as Genoa, Liege and Charleroi had received before from the King of France.  
These Prosperous Beginnings are good prognostics of a Happy Issue: thanks be to God Things are now in a good Posture; and provided the Confederates continue steadfast in their Union, not only the Words of that Medal which M. Van Bunninghen ascribes to 'em, 
Sta Sole  may be accomplished by their Valour, but by a greater Miracle it may be their good hap to force the Radiant Sun of France to a sudden Retrogradation.  
In the mean time, there is no falling asleep upon these favourable Hopes, as if God or Fortune were to do all; New Efforts are still requisite, and a Restless Prosecution till the End be attained, which was first proposed at the Beginning of the War. This is the Duty of Sovereigns. That of Private Persons is freely to open their Purses, and contribute their Abilities whenever they may prove useful to the public. With which Design it is that we have undertaken this Work, which we have published to the World as as Mark of our Zeal for the General Cause. For, in regard the King of France, as Bold an Invader as he is, endeavours however to colour his Usurpations under Specious Pretences, which he would never want, tho' he should extend his Conquests to the End of the World; we thought it would be a labour no way unacceptable or unprofitable to the public, to set forth an Abstract of the Claims which either he has, or pretends to have to the Dominions of the Confederates; that so they who are ignorant of 'em, may truly inform themselves, and prevent their being deluded by Manifesto's, which utter any thing that makes for their Advantage.  

Pretensions of the Crown of France against the House of Austria; and first of his Claim to the Empire.  
THe Crown of France is, beyond all Contradiction, the most Ancient in Europe. The ruins of the Roman Empire were the Materials which she made use of to erect her Monarchy. And tho' we know not precisely at what time it began, nor what Title the Founders of it assumed, nevertheless there is no question but that Pharamond was King, Prince or Duke of the Franks in the Year 4●0. To this Pharamond it is that the Original of the salic Law is ascribed, so called, according to some, from the Word Isala, which was formerly the Name of a River; because, say they, it was made in Trans-Issalania, now Over-Issel.  
Others assert it to have been made in Taxandria, a Country depending formerly partly upon Brabant, and partly upon the bishopric of Liege. Some Authors are of opinion that it was so called, because it was written in the Salle or Great Hall where the King held his Council. And several derive the Name of it from the Word salic, which in the Teutonick Language signifies wholesome, in imitation of the Roman Laws, which in many Places were entitled Leges Salutares. But we rather think it proper to prefer before this Opinion, that other which maintains that this same famous Law deduces the Etymology of its Name from the Salians, or Salii, a People that inhabited along the River Sal, who were the Founders of it, and were governed by it. But afterwards, when they removed into gall, they assumed the Name of Franks, in Opposition to that Servitude, under which the Emperors had held all Europe for so long a time; however they still preserved their Law. This is the same which the French pretend to observe at this Day; and which they quote upon all Occasions with an Ostentation, for which they have but very little ground: seeing that after all the Enquiry which the Learned have made into this Matter, they could never yet discover any thing of Certainty concerning it. There are many likewise who condemn it for Apocryphal: nevertheless, the Messieurs Pithou and Bignon have given us some while since, a kind of Formulary of it, or rather an Assemblage of Articles, which they have collected and raled together out of several Authors: a Plentiful Spring from whence to draw a great many things, were it not but that the Times are so remote.  
The two pretended Articles of this Law are these; the one Excluding Females from Inheriting the Crown; and the other to prevent the Alienation of the Royal Demesnes.  
The First, say they, ran in these Words:  
In the salic Land let no Portion of Inheritance descend to the Female, but let the Male Sex enjoy the Possession.  
The Substance of the Second is this:  
No salic Land can be alienated from the Total, but shall remain united to it, Inseparable to Perpetuity.  
The Title that Golstadius gives us of 'em is this:  
These are the salic Laws of Pharamond the First King of the Franks, formerly decreed by the People and their Lords in the Sates of Salize. And in the Margin he interprets the States of Salize, Saltzburg upon the River Sal, in Franconia. But Authors so ill agree upon the Time, the Place when and where this Law was made, the Articles which it contains, and the General Title itself, that there is nothing to be positively ascertained. The Collection which we have of 'em at this Day, is entitled La Pact de la loy salic. The Compact of the salic Law. It contains 80 Heads, among which, that of Free tenors in the Sixth Head is that above-cited, for the Exclusion of Females. Nor do the French make a less noise about that which concerns Inalienation; and because the Kings of France from Meroveus to Charlemaign were extremely Potent, and held under their Dominion a good part of Germany and Italy; they pretend at this Day that those Countries were Demesnes of the Crown, which according to the Fundamental Law of the Kingdom could not be alienated. Add to this, that Charlemaign, King of France, was made Emperor, and the Empire declared to be an Inheritance founded in his Person and the Persons of his successors. And in regard the Carlovingian Race ended in Germany by the Death of Charles the Gross, they pretend that the Imperial Diadem ought to return to Charles the simplo, King of France, whose Person they represent and have the same Claims. By virtue of which, several of their predecessors have assumed the Title of Emperours, as Philip I. Lewis the Gross, and Lewis the Young, who always bare in their Escutcheons a Spread-Eagle, charged with France. And it may be for this reason it is, that the three last Kings have all along assumed at the Ottoman Court the Title of Emperors of the French, believing that to be a sufficient Challenge of their Claim; for that they make no Scruple to give out, that the Empire is a dependence belonging to their Crown.   

Enquiri●s into the Pretensions of France to the Empire.  
THese Pretensions are so Chimerical, that we could hardly resolve to insert 'em here. But in regard that France her self insists upon 'em, we thought it convenient to give some Account of 'em among others, of which we shall find a great many that are no better grounded. We agree that the Empire was settled and founded Hereditary in the Person of Charlemaign and his successors. And indeed he would but little have understood his own Interests, had he accepted it upon other Conditions; He who had conquered with his Sword the Greatest part of the Countries that composed it, and who had restored the Pope, and invested him in a very Considerable Territory. 'Tis likewise true, that after the Death of Charles the Gross, the Empire was naturally to return to Charles the simplo his Cousin and presumptive Heir. But what then? Because a Revolution, very frequent in Kingdoms, has removed the Empire of France into Germany, and deprived a Prince that was no way capable of it, to give it to another who better deserved it; is it a Thing reasonable or agreeable to Conscience for a Man to revive at this Day Claims that have been butted in an Oblivion of about seven Centuries? During which, the Empire has not only admitted New Constitutions with the Consent of the Popes, and by the Advice of the States assembled, but also has accounted France among her Demesnes, and has received the Homages due for 'em, as we shall make appear in the sequel of this Treatise.  
As to the salic Law, upon which the Kings of France so strongly build in their own Imaginations, we have already  told you what it is. History testifies, that the most Ancient Kings, next to Pharamond who was the Founder of it, have disposed of their Kingdoms in a manner altogether opposite to those pretended Constitutions. Charlemaign gave Italy to Bernard his Brother; and Lewis the Debonair, his Son, divided his Empire among his three Children, making one Emperor, the other King of Germany, the third King of France. Which makes us justly doubt, whether Inalienation were truly one of the Articles of that Law. As to what concerns the Exclusion of the Females, we shall say nothing at all of it, because there has been no occasion known, whereby the Daughters could pretend to the Crown. But if the First Head be not Essentially Fundamental, there is as little probability that the other should be so. And indeed till after the Death of Charles the Fair, there was no talk of the salic Law, neither in whole, nor in part; nor did they ever bethink themselves of quoting it, but only to exclude Edward King of England, who claimed, in right of his Grandmother Margaret, the Daughter of Philip the Fair. Nevertheless, he had a numerous Party that stood for him; and if he had not been a Foreigner, certain it is, that he would have been acknowledged, seeing, that notwithstanding that Objection, he had such a fair Reputation in the Country, as for a long time to balance the Opinions of the French Lords in the Assembly of Estates held at Senlis. But the Bishop of Beauvois, who opposed the King of England, rising up of a sudden, and rehearsing that Passage in the Gospel, Videte Lilia agri, qui neque laborant nequenent; Ha! Messieurs,( said he,) God would this day give us to understand by his Gospel, what your Lordship's Decision ought to be in this case. The lilies labour not, neither do they spin; as much as to say, that the Crown of France, denoted by the lilies, ought not to encircle the Head of a Woman.— These Words wrought so effectually, that immediately the Assembly resolved upon the Exclusion of Edward, in favour of Philip of clois; who was proclaimed King; and who, in Memory of that Accident, took for his Motto the very Words which the Bishop had made use of. And from that time forward to this day, the Kings his Successors have all along preserved this Custom; and by length of Time, have made it a Municipal Law not to be disputed against ' em. Now this Law can only take place among Subjects, upon whom their Kings impose what yokes they please; and not among Sovereign-Princes, who aclowledge no Superiors but Justice and Reason. And in regard they require, that when Treaties of Alienation are made between Sovereigns, whether by Renunciation, Assignment, dead of Gift, or Right of Dowry, whatever was promised, should be sincerely performed on both sides, such Pretensions will be always sufficient to authorize the Right of Possession; and it is in vain for the Kings of France, in Opposition to Treaties, to allege, That upon the Day of their Coronation they swore never to make any Alienations from the Crown. This would be good reason to excuse 'em from Treating; but when the thing is once done, there's no recalling Word and dead. 'Tis their Misfortune if they are perjured: it behoved 'em to be more careful; or rather, not to swear to a thing which they knew it was not in their Power to perform. As for Foreign Princes, 'tis no business of theirs to trouble themselves with these Scruples, or to take notice what the King of France has sworn; for provided they seek their own Advantages by only lawful Means, no Blame can light upon them. We say, moreover, that this same Oath carries in itself a Character of Iniquity, since it only tends to swallow up all the Dominions in the World, one after another. There is in it an inordinate and boundless Avarice and Ambition, altogether remote from the Spirit of Christianity. It may be properly called, Swearing to devour the Estates and Territories of other Men, and never to restore ' em. And indeed, do we not find that France extends her Pretensions almost over all the Dominions of Europe? and that she is not ashamed to put the Roman Empire, which, according to the Order established for several Ages, has always presided over all the rest of the Kingdoms in this Quarter of the World, in the Number of her Provinces, and among the Demesnes of her Crown? After all this, we have no more to say, but that in all probability, the Spirit with which this Court is enlivened, will never change.   

The Pretensions of the King of France to Castille.  
ABout the Year 710. the Moors coming out of Africa into Europe, subdued all Spain, meeting hardly with any body that opposed 'em, unless it were two Princes; the one of which, named Pelagius, founded a small Kingdom which he called Oviedo, now Leon. He also made himself Master of another petty Country upon the Frontiers of his Kingdom, to which he gave the Title of a County, and built several Castles therein to secure it from the Invasions of the Moors, from whence it was called Castille. These two Provinces remained under the Dominion of the Heirs of Pelagius, till the Year 814. that Don Alphonso; King of Oviedo, and Count of Castille, surnamed the Chast, because he lived a Chast and Religious Life, finding he had no Children by his Wife Bertha, made charlemagne, the Emperor and King of France, his Heir; to whom he sent an embassy of the most Noble Lords of his Kingdom to present him with his Will, and to entreat his Acceptance of it.  
Several Reasons, say the Historians, engaged Don Alphonso to leave his Dominions, after his Death, to charlemagne. First they were united by the Ties of a very strict Friendship. Besides, he was a Christian Prince, and the only Prince in his time who was able to protect the Church, which was oppressed by the Infidels in those Countries after a very cruel manner. But, in my Opinion, the most enforcing Reason of all, was that of Necessity, which obliged Don Alphonso to call in charlemagne to his Aid. For he had not only groaned a long time under the Tyranny of the Moors, but he found himself in great danger of being dispossessed by Hisen Miramolin, who would constrain him to sand every Year Fifty Noble Virgins, and as many Damsels of the Meaner sort; which Murgas his Predecessor had been enforced to pay him, not to mention the vast sums which he extorted from him every Day, nor the Authority which he exercised in his Kingdom to his Prejudice.  
Such was the Servitude to which Alphonso was reduced, without any hopes of being delivered but by the Assistance of charlemagne; who, though a great Protector of the Faith, was not so kind natured neither, as to give it him for nothing. No wonder then, if at such a Conjuncture, Alphonso rather choose to subject himself to a Dependency upon a Christian Emperor, and to bequeath him his Kingdom after his Death, then to see it usurped by the Moors during his Life-time, and run the risco of their barbarous Usage to boot. However it were, Charles the Great came into Spain with an Army of 140000 Men, accompanied with the Choice of the French Nobility, who flocked to that War, some out of a Motive of Honour, others for the sake of Religion; for those Wars were accounted Holy, and the Ministers preached 'em up for such, as afterwards they preached up the Croisades. This War lasted Fourteen Years; at the end of which, all Spain being reduced, Charles was acknowledged Sovereign, and they brought him the Fire and Water, according to the Custom which was anciently observed.  
Upon this Donation it is, that the Kings of France ground their first Claim to Castille, as Charlemain's Successors, from whom they pretend to be descended; which we shall not dispute with 'em, though their Filiation be not so clearly made out, as having no other Warrant for it but the Chronicle of Sens, the Sentiments of Cujas, and a Letter of Pope John VIII. written in the Year 872. to Abbot Hugh, the Brother of Marquis Robert; wherein he tells him that he is, ex Regali pro sapia editus. However, after the Death of Don Alphonso, Don Ramira, and D. Garcia, his Nephews, suceeeded him. But in a short time after they were gone, the Government changed; for the castilians, provoked by their King Friulla, who had usurped the Crown from his Nephews, rebelled, and set up Two Sovereign Judges, Nuga Rasura, and Flavin Calvo, and the Kingdom remained in that Posture from the Year 896. to 937. At what time Don Sanches, King of Oviedo and Leon, suppressed the Authority of the Judges. He was the first that erected Castille into a Sovereign Country, which happened after a particular manner. A certain Lord, whose Name was Don Ferdinand, coming to the Court of Don Sanches, sold him a Horse and Goshawk, both perfect Creatures in their Kind: and in regard the King could not pay him down ready Money, and for that he had a great desire to have the Hawk and the Horse, he agreed for a very high Price, payable at a certain time, with this Condition, That if the King did not pay the Money by the Time, he should double the Principal and Interest every Month. The Money therefore not being paid, it so happened, that two Years after the Expiration of the Term, the sum became so vast, that all the Gold in the Kingdom was not sufficient to discharge it. Which induced Don Sanches to erect Castille into a Free and Independent County or Earldom, and to give it in Payment to Don Ferdinand, who by that means enjoyed a Sovereignty in Exchange for a Horse and Goshawk, which he possessed, both himself and his Posterity, till the Yeaar 1028. At what time it was annexed to the Crown of Navarr, by the Marriage of Nuga, the only Sister and Heiress of Don Garcia, the last Count of Castille, with Sancho IV. King of Navarr, who erected it afterwards into a Kingdom, which he gave to his Son Ferdinand II. the First King of Castille. After whom among other Kings, reigned Sancho, and his Son Alphonso IX. who married Leonora, or Eleonar, the Daughter of Henry II. King of England; by whom he had Seven Children, blanche, Queen of France; Berengera, married to Don Alphonso, King of Leon; Sancho, who died an Infant; Urache, Queen of Portugal; Leonora, Queen of Arragon; Constantia, a Nun; and Henry, who, after his Father, was King of Castille; but he reigned but a short time, losing his Life by an unfortunate Accident in the flower of his Youth. For that lying at Palencia, in the Bishop's House, where he was taking his Pleasure with some hot-headed young Lords, one among the rest, whose Name was Mendosa, threw a Tile from the Top of a Tower, which lighting upon the King's Head, broken his skull, so that he died in eleven Days after.  
This unexpected Death of his, left all the Right of the Crown to blanche, the Eldest Sister of Henry, who was married to Lewis VIII. King of France. But her Sister Berengera being upon the Place, made a strong Party in the Kingdom, and sent D. Lopez de Haro, and Don Gonsalo de Torro, to seek out her Son, and bring him Home. But because she was afraid lest Alphonso, King of Leon, her Husband, should refuse to consent to this Usurpation, she enjoined her Envoys to conceal the Death of Henry, and to say that 'twas Henry who sent for the Infant. Which Trick of hers succeeded so well, that they brought the young Prince along with 'em to Otelia; where Berengera caused him to be proclaimed King, under an Elm, by some Persons assembled together for that purpose: and from thence he was conducted to Palencia, where he was received. However, the Greatest Part of the castilians and the Grandees of the Kingdom would not aclowledge him, but assembling the States of the Kingdom, they deputed four of the most Eminent among 'em, to make their Submissions to King Lewis, and the Original of their Letters are still to be seen in the Treasury of France. There were also some Governours of Cities, who declared for King Lewis VIII. King of France; and Don Alphonso, King of Leon also, no way approving this Act of Injustice, betook himself to Arms against the castilians, in favour of blanche, who besides the Right of Eldership which naturally called her to the Crown, she or her Son had also on her side the Will of the deceased King her Brother Henry, who appointed Lewis Dauphin of France, and his Nephew, for his Heir. Nevertheless all these special Titles could not hinder Ferdinand from settling himself upon the Throne of Castille, in such a manner, that never any Kings of France reigned in that Kingdom. However from this blanche, the Mother of St. Lewis it is, that they deduce their best Pretensions to Castile: Let us now see whether they are of any Validity or no.   

inquiries into the Pretensions of France to the Crown of Castille.  
BEfore we enter into the Discussion of these Pretensions, it will not be amiss to set forth in short what are the usual Titles, by virtue of which Princes reign over the Dominions and Territories under their Obedience, to the end the Reader in the Sequel of this Treatise, may the more easily understand True Interests from False Ones.  
We shall reduce'em then into Eight, which are the Principal Ones, under which are contained all the different Manners of acquiring sovereign Power, as well Just and Lawful, as Illegal and Tyrannical.  
The First is, Next Inheritance: the Second is Acquisition in right of Dowry: the Third, Donation: the Fourth, Purchase: the Fifth, Reversion: the Sixth, Renunciation by Treaties and Mutual Contracts. The Seventh, Possession; and the Eighth, Conquest and Usurpation.  
Next Inheritance, that is to say, the Right of the nearest in Blood to the Succession, is the most just in the World, and has been acknowledged for such in all Times and among all Nations. In a word, there is nothing more Natural then for Children to possess the Estates in which they had an Interest while their Fathers were alive. For by the Law, Liberi non videntur novam hereditatem percipere, said liberam Bonorum Administrationem Consequi. Which gave Salvian an Occasion to say, In domo Patris etiam Infantes filii et filiae Dominuli & Dominulae appellantur, ut arctandi non Videantur, qui pene ad bona propria veniunt ratione naturali, quasi quadam Lege Tacita Liberis Parentum hereditatem abdicente. Which is so true, that the Possession of Estates is never reckoned to begin, but to continue in the Persons of the Children. Continuationem Domini Necessitatemque Successionis esse ipso jure. The same is also to be said in respect of Collateral Succession, when the Person in Possession has no Children; for then the Inheritance naturally devolves to the next of Kin, whether Male or Female; unless the Municipal Law has otherwise ordained, as in France and Savoy, where only the Males have right to succeed to the Crown.  
After Inheritance, there is no Title more legal then what a Man acquires by Marriage to the Estate of her whom he marries. For seeing that by the Institution of that Sacred Knot, the Woman puts her self under the Dominion and Power of the Husband, to whom she bequeathes her self, 'tis Evident that her Estate, which is of a Nature much Inferior to her Person, is subjected to him also, till Death happening, the Children of this Wedlock succeed to the Estates of both the One and the Other, which by that means become incorporated and united, unless for want of Issue the Estate of the Woman returns to the next of Kin.  
Donation, to which we have given the third place among the Titles of Princes, 'tis without question a very just Title, according to that same Axiom, That nothing is better acquired then what is given. Nevertheless, that Donations may obtain their due Force and Validity, they must be made according to the Rules of Piety and Reason. For Example, It would not be just, for a Man to disinherit his Lawful Heirs out of a Humour or headstrong Obstinacy, to give his Estate to a Stranger. This in some measue would be to give away that which was none of his own; in regard that according to our Principle, Children have a right to the Estates of their Parents in their Life-time. Nor do's the known Law of the Land permit Private Persons to give away above a Third part of their Estate, to the Prejudice of their Heirs, but obliges 'em to be civilly accountable for their Children, till they have attained to Twenty five Years of Age. Which proves sufficiently that the Law looks upon 'em to be as it were the Guardians and Conservators of their Childrens Estates. However it is not to be thought that a Parent's Hands are so far bound, that he shall have no Power to satisfy his own bountiful Inclination, whether in respect of any particular Friend, or any other Person from whom he has received some Considerable Kindness. And hence it comes to pass, that besides his Goods and Chattels, the Law allows him to dispose of the Third part of his Real Estate. Now if the Law have granted this privilege to Private Persons, there is much more reason that sovereigns should have the same Advantage; otherwise they would be more tied up then their Subjects, as being debarred the Means to exercise their Piety, their Liberality and Magnificence, which are virtues so Essential to Monarchs, t'has without 'em they are distinguished from other Men but by those things which are naturally hateful: and it may be justly said of them, what the Queen of Navarr said of the Popes, that they were like Conjurers, who were able to do a great deal of Mischief, but no Good. But let us speak better things, and agree that it is Lawful for a Prudent, Pious and Grateful Prince, according to times and occasions, to make Donations, more especially when he finds that they concur with the Welfare of the People. Now there are two sorts of Donations; some are made during the Life of the Donor; others are Testamentary Bequests; which being firm and valid, as has been said, they who are in Possession by virtue of such Donations, are legally seized of such Goods or Legacies.  
Acquisition by purchase is also a very good Title. 'Tis so in respect of private Persons, whose Right to the Estates which they bought and paid for was never yet disputed; and we must allow it to be the same with Sovereigns, who it may well be thought would never yield to weaken themselves and lessen their Power and their Gandeur, were they not induced thereto by more then ordinary Motives. And the Validity of these sort of Alienations, as well as of all others, is doubly authentic when the People give their Consent, which always appears by their Silence: it being certain that when they believe it not Convenient, they know which way to oppose it, and to protest that they will ne're be separated from the Kingdom to which they are united, as twice it fell out under the Reign of Francis I. King of France, after the Treaties at Madrid and Cambray. However, certain it is, that the Purchaser, or the Person in whose favour the Sale, Donation, Testament or Resignation was made, has warrant sufficient to justify and defend his Right against all those that would go about to dispossess him.  
Reversion is without question the fairest Flower in the Crown of Monarchs, and the Greatest Mark of Royal Majesty and Grandeur. For in short, when a Sovereign, upon the death of a Feudatarie Prince that does him Homage, enters upon his Lands, or else Invests another in 'em, does not this suppose that it was He who made him what he is? And is there any more apparent Mark of Supremacy, then to make Sovereigns and bestow Sovereignties? This is that which may be truly called Royal Majesty, and the Image of Divinity. 'Tis then the Right of Great Princes to dispose of the Provinces of their feudatories when they have revolted from 'em, or when they die without Issue. And though this Right belongs to Monarchs only, exclusively from all others, nevertheless the Law being desirous to distinguish the Nobl-men from the Peasants, has allowed some part of this privilege to Feodal Lords, who by virtue of their Feifs succeed by right of Eschetage to the Estates of those that die without Heirs, have their Rent-Services and Alienation-Fines paid 'em upon the change of every Proprietor, and assume to themselves the Confiscation of Felons Goods and Estates; as if the Feif or Lordship were the Mass from which these Estates had been dismembered, and were to be united again.  
We speak not here but only of the Customs settled in the Lordships of France, England, the Low-Countries, and some other Places: for we are not ignorant, that in Poland, and some parts of Germany, the Privileges of Lords are much more extended: but in regard they are altogether Tyrannical, and contrary to Equity and Right Reason, we shall say nothing of 'em  
The Rights which are drawn from Resignations, made and granted by Treaties of Peace or Alliance between Sovereign Princes, are no less authentic and good then any of those before specified, tho' at this Day they are those which are the least regarded, the Greatest part of Princes looking upon Treaties only as indirect ways to attain their Ends, and being persuaded that they are not obliged to observe 'em any longer then they serve their Turns: pernicious Maxims that occasion most bloody Wars and the Misery of the People. And some there are who proceed to that Excess of Infidelity, that they never treat but only to gain time, and with a design to act afterwards contrary to what they have promised and sworn to. However, certain it is, that the Observance of Treaties is grounded upon the Laws of God and Man, which they most horribly violate, who falsify their public Contracts. That the Observance of Treaties is grounded upon the Laws of God, is easy to prove out of Sacred Story, and particularly by the manner of the Israelites acting with the Gibeonites, tho' they had not dealt sincerely with them, but quiter the contrary had given the Hebrews a fallacious account of Things. So that one would have thought they should not have held themselves bound to stand to the Agreement, more-especially seeing that reason of State and Religion seemed to oblige 'em to break it, and exterminate that People as well as the rest: besides that they had all the reason in the world to fear their Rebellions and Revolts, supported by the Succours of their Neighbours, and the Pollutions of their Idolatry. Pretences sufficiently specious to have obliged 'em to break the Treaty. But in regard they had a sounder Idea of public Agreements and Compacts then we have, they thought they could not break it with a safe Conscience, and rather choose to expose themselves to the Inconveniences above specified, then to falsify their Faith with those Infidels, wherein they positively obeyed the Motions of the Spirit of God, who hath several times declared himself the Avenger of those who after they have treated with Sincerity, have unexpectedly been surprised by their Enemies, tho' they themselves were Infidels. Witness Sultan Amurath Emperor of the Turks, who relying upon the Peace which Ladislaus King of Hungary had solemnly sworn to, disbanded the Greatest Part of his Army. In the mean time Ladislaus over-ruled by the Pernicious Counsel of Cardinal Julian, who  told him, That he was not obliged to keep his Word with a Turk, entred the Sultan's Dominions, when dreaming least of any such Thing, and having constrained him to come to a battle with such Forces as he could get together of a sudden, Amurath doubtful of the Success, as the two Armies were just ready to engage, Behold Jesus Christ, said he with a loud Voice, behold thy Christians combined together to my ruin in defiance of Treaties. See here the Peace concluded and sworn to by them with myself. They have Sworn to it by thy Deity, and they have falsify'd it by their Perjury, and their foul Treachery. They acknowledged thee by their Oath, but they renounce thee by the Violation of it. Now therefore, if thou art a God, avenge thyself, avenge me upon these Perfidious People, and let 'em see they are not to go unpunished, who offend thy Deity. The Issue of this Invocation was, that with a Number of Men, much inferior to that of the Hungarians, he utterly defeated 'em, and Ladislaus being slain in the battle, he pursued his Victory so effectually, that he made himself Master of the Greatest Part of the Kingdom. And indeed all the World knows that the Law of Nations is the Principal Foundation, and that which chiefly authorizes Treaties of Alliance, Peace, Truces, Resignation, Compensation, and generally all other Things. So that if henceforward they must be looked upon as Songs, adieu public tranquillity, 'tis to no purpose to make any more; and Men must resolve to live in perpetual Wars, in an Eternal Anarchy and a Confused Mixture of Robberies, Plunderings and all manner of Wrongs and Violences, as was to be seen in France all the while the Civil Wars lasted. Which is certainly the most terrible Misfortune that can befall a Kingdom. Since then Treaties are the Foundations of public tranquillity upon which every one relies, it must be agreed that there is nothing more Sacred, and that a Prince who violates 'em, is guilty before God and Man of all the Blood  shed in the Wars, and of all the Miseries and Misfortunes that attend upon ' em. And this is the Opinion of Baldus, who deems that Sovereign not worthy of his Crown, who refuses to observe not only the Treaties made by himself, but those also of his predecessors. Nevertheless those Lawyers who have dived into this Question, whether a Prince be obliged by the Treaties of him that reigned before him, have made a distinction. For if a Kingdom be not Hereditary, they have left it to him that succeeds, either to observe, or not to observe 'em as he thinks fit. Quia in successione Juris not veniunt Obligationes defuncti. But if the Crown comes to him by Succession, they have decided the Point that he is bound by all the Treaties and Compacts of his predecessor, and is tied to observe 'em as Religiously as he that made ' em. Which is also grounded upon the Disposal of Law, and the Constitutions of the Emperours, by which the Heir, as representing the Person of him that made 'em, is bound also to observe all the Contracts and Agreements which he made. Eo quod Heres in solidum defunctum representet, ex parte etiam pro parte representet, & pro partibus coheredum censeatur extraneus.  
We have enlarged a little the more upon the Subject of Treaties and Contracts, because upon them it is, that the Rights and Interests of those Princes concerning whom we are now to discourse, are in good part to be determined, and for that it is of great Importance that every Body may be sensible how sacred they are, and how highly that Prince offends who sleights 'em as things of little value, since they are positively founded upon the Law of God, and the Law of Nations.  
Let us now come to Possession, which is the Sixth and Last Legal Title which Princes may make use of to justify their Dominion. Possession is a Title become just by Process of time, which renders that Legal, which Originally perhaps might not be so. This is that which all the Laws of the World are agreed upon, and have therefore fixed a certain Time, at the Expiration of which all sorts of Titles are determined, and the Possession is Legitimated; which is absolutely necessary to secure the Estate of every Man. For but for this, any Litigious Person might come with Old Parchments, and disseise an unprovided Proprietor, who having lost his Writings, or by some other Accident, might not be in a Condition to defend his Right. And this would infallibly overturn the best established Families in the World, and open a Door to a world of Confusion and Disorder. The Law then did nothing but what is most just when it authorized Possession. But if this Constitution be extremely beneficial to private Men, it may be said to be absolutely necessary for sovereigns. For if they disagree among themselves, the public will be sure considerably to suffer, and therefore 'tis of great Importance to remove all Occasions of their Disagreement.  
However, in regard the Pretensions of Sovereigns are always of very great Moment, 'tis not just that they should be so narrowly prescribed as the Claims of Private Men. And therefore it is, that whereas for private Men, Thirty Years of continued Possession suffices, in the Cases of Sovereigns and the Church, a hundred Years are admitted: after which all Claims against the possessor are determined to be Null and voided, and the Possession is adjudged Legal. This is the pure Law of Nations, against which there is no Contending without Brangling and Injustice; and it behoves all Princes in the World to submit to it, as they have all unanimously acknowledged except these Last Kings of France, who by virtue of an Obscure salic Law, scarce known in the world, pretend, that whatever was united to the Crown, ought either absolutely or of right be unalienable, and above all the Laws of Prescription, that under that pretence they may be enabled to justify the Invasion of their Neighbours whenever they find an Opportunity. A thing which never made a noise till the Reign of Francis I. who made an Edict, by which all manner of Prescriptions, even those of a hundred Years were declared of no Validity against him or the Demesnes of the Crown, and that they should be of no Force to Detain from him such Rights and Territories as depended upon him. And upon this Foundation it is, that the King of France at this Day reigning, believed himself to have a right to Strasburgh, Luxemburgh, the duchy of Deux Ponts, as being Dependencies upon his Crown, notwithstanding the Treaties which he or his predecessors had made, and by which they renounced their Right to those Places. But in regard this Claim is of no Force, First, because it is an Innovation; Secondly, because it could not be established to the Prejudice of Princes and Sovereigns, who no way depend upon the Crown of France, they can never want Justification in opposing it by Force of Arms.  
The two last Titles which sometimes render Princes the Absolute Masters of Countries, are Conquest and Usurpation; if Usurpation may be ranked in the Number of Titles; for no Usurper ever acknowledged it to be a Title. Nevertheless, in regard it is many times one of the Means made use of to arrive at Sovereignty, tho' it may be called by another Name, and defined it in two Words, in saying, that by Usurpation, we mean the different Ways of appropriating to themselves the Estates of Others, whether by Intreigues or Cabals, by Force of Arms, or False-Titles.  
Thus Conquest becomes a Real Usurpation, when it is not founded upon True and Solid Rights: nevertheless the Roman Church authorizes it against the Infidels pro propaganda fide, provided the rapture of the Treaty proceeds from the Infidels and not the Christian Prince.  
After this Explanation, we believe that there is no Body, how Illiterate soever, that will not easily distinguish between the Different Rights by us set down, and which are of Force and Validity, and those which are not so. To the clearing of which, we shall contribute also farther by the Reflections annexed; wherein after the Pro, the Reader will also find the Contra.  
To begin then with the Enquiry, which we ought to make into the Pretensions of the King of France to the Crown of Castille, we must say, that the first which are grounded upon the Will and Testament of Don Alphonso, King of Oviedo, in favour of Charlemaign, are of no Validity for three Reasons. The first is, that Charlemaign being Emperour, if Castille were to be incorporated into one of his Dominions, it would in all probability follow, that it must have been into the most noble, which was that of the Empire, and not the Crown of France, which was inferior to it, and which ought not to be looked upon otherwise then as a Member of the Empire. Which is justified by the Partition which Lewis the Debonair made among his Children; in regard that always Charles did Homage to his Brother for the Crown of France.  
But the Kingdom of Castille, neither holds of France nor the Empire, by reason of this last Will and Testament; because there was no reason for it during the stay of Charlemaign in the Kingdom, and for that after the Death of Alphonso, his Nephews succeeded, and yet 'tis no where to be found that ever they paid Homage to any Body. Moreover granting that this Right were good in its self, 'tis now lost by a Prescription of above 800 Years.  
'Tis true, that the Claim by virtue of the Marriage of blanch with Lewis IX. is of a later Date, however no benefit can now be made of it, because it is above four Centuries ago since that Marriage happened. But besides a Possession of so long standing, and so well secured by a Great Number of Treaties made between the Kings of France and Spain, wherein there was not a Tittle mentioned concerning these Claims, there are two authentic Ones to be produced, by which they are absolutely renounced. The first is of the same Lewis IX. who marrying his Daughter blanche to Ferdinand de la Cerda, Grandchild to Ferdinand the Invader, in the Year 1267. covenanted by the Contract, that St. Lewis should renounce to his Daughter blanche and her successors all the Right and Claim which he could pretend to have to Castille. And the second bears date in the Year 1290. between Sanches King of Castille, and Philip King of France, by which he ratifies and approves the Renunciation which Lewis had made; and at the same time renounces all the Rights that he himself could pretend to.   

The Claims of the King of France to the Kingdom of Arragon.  
WHen Charlemaign was called into Spain by Don Alphonso, King of Oviedo and Castille, as we have already said, he expelled the Moors not only out of the Dominions of that Prince, but also out of Arragon, which at that Time was a very small Country holding of the City of Saragossa, which he gave with the Dependencies belonging to it, to Avilera, to hold it of him under the Title of an Earldom, performing Homage and Fealty; which he did all the Time that he lived. And upon this Investiture it is that the King of France grounds his first Right. But we never red that after his Death, either Joseph his Son, or Alarias his Son-in-Law, acknowledged any superior Power to the time of D. Fortuno Ximenes the last Count of Arragon, who married his only Daughter Uraque to Don Alphonso, King of Navarr, about the Year 950. By which Marriage the County of Arragon was annexed to the Crown till the Year 1034. that the King Don Sancho, to recompense the Valour of his Second Son D. Ramira, who had in a public Duel courageously defended the Honour of his Mother, who was accused of Adultery, gave him Arragon, which he caused to be erected into a Kingdom by the Pope; for which he did Homage, in acknowledgement of that Erection. And since that time the Popes have always pretended to the Sovereignty of Arragon.  
The Second Claim of the Kings of France is grounded upon the Confiscation made by Clement V. in favour of Philip the Fair, of all the Knights Templer's Estates, after that Order was suppressed by a Decree of the Council of Vienna in the Year 1310. And in regard that long before that time Don Alphonso, King of Arragon, had bequeathed his Kingdom to those Knights by his Last Will and Testament, made at Bayonne in the Year 1132. there has been a pretence that Arragon ought to be comprehended among those Estates with which they had been gratified by the Pope, and which by Consequence belonged to him. To which they added the Investiture whlch Pope Martin IV. gave to Charles of France in the Year 1282. to the Exclusion of Peter, lawful King of Arragon, who was by him Excommunicated for being the Author of the Sicilian Vespers. And by virtue of this Excommunication, and after he had beaten Don Peter, made himself Master of the Best Part of his Kingdom. Nevertheless in a in a little time after, it return'd to the Family of the same Peter, who had been driven out of it, and they enjoyed it above Two hundred Years together without Interruption. Till Lewis II. Duke of Anjou came with a numerous Army to seize upon the Kingdom, which he claimed in Right of his Wife Yoland: and the Truth is, his Claim was very legal. But for the Reader's better understanding of this Matter we must set forth, that John, King of Arragon, the Son of Peter, surnamed the Ceremonious, reigned Nine Years, in which time he was twice married; first with Mathea, the Daughter of James of Armagnac, and by that Wedlock he had a Daughter, named joan, who died young. His second Wife was Yoland de bar, by whom he had Yoland, married afterwards to Lewis Duke of Anjou before mentioned.  
Now after the Death of King John, and his Daughter Joan, Lewis claimed the Succession as next Heir, as we have said already; but Sibilla, Mother-in-Law to King John, who had a high Reputation in the Kingdom, and who had a Kindness for Yoland, caused Don Ferdinand of Castille, Duke of Penafief, to be chosen King, tho' he were no more then the Deceased King's Nephew. However, he was preferred before Lewis by the Grandees of the Kingdom, who seated him upon the Throne; which he so well defended by the Force of his Arms, that Lewis was constrained to return a Loser. From this same Lewis it is, that the Kings of France derive their Fourth and Last Pretence upon Arragon, because that his Son Reginald having made Charles, Duke of Main, who was Nephew to him, his Heir; he also, by his last Will and Testament, dated December 11. 1481. left the Inheritance to Lewis XI.   

inquiries into the Pretensions of the King of France upon Arragon.  
WE have already said, when we discoursed of the Claim which the King of France lays to Castille, that there was no ground for reviving an old Investiture, which never had any Effect, and which besides that it was prescribed by a Period of above 800 Years, upon due Examination, could never be found to have been granted by the Donor as King of France, but as Emperour, and so can never be of any Validity. Now in regard the Dispute is here concerning the same Matter of Fact, the same Emperour, and the same Time, we shall say no more of it, but refer the Reader to what has been already said.  
Let us therefore proceed to the more recent Claims. That which is grounded upon the Confiscation of the Knights-Templers Estates, granted to Philip the Fair, by Clement V. carries something a little more weight with it, but not sufficient to render it Effectual, besides that there are many Nullities in it. For First, the Pope had no Right to give away that Kingdom, besides that in regard it was not specified in the Bull, it cannot be said to be Comprehended therein. But the two stronger Reasons which utterly annihilate this Claim, are that Alphonso could not make the Knights-Templers his Heirs to the Exclusion of his Brothers: and in the Second Place, the Knights-Templars themselves renounced all their Right to the Kingdom by the Treaty which Raymond, Grand Master of the Order, made with Don Raymond Berrenger, Son-in-Law to Don Ramira, King of Arragon; so that after they were suppressed, they had no longer any farther Title.  
'Tis true, the French will reply, that something may be said in answer to this: but what Reply will we make to the claim which our King derives from the Investiture granted by Pope Martin IV. to Charles of clois, the Son of Philip? We shall answer, that the Popes have no Right over the Temporals of Princes; that whatever they have hitherto assumed has been by pure Usurpation; which they might so much the more easily pretend to, because they were sure to have those Princes of their side, who were to be Gainers by the Investiture in the Estates of Others. And thus the Avarice and Ambition of some Princes, the weakness, forbearance, and permission of others, were the only Foundations upon which the Court of Rome erected her Unjust and Tyrannical Monarchy. However, great and courageous Princes never acknowledged this usurped Power; and we have no small reason to be surprised, that the King of France should allege a Donation so Chimerical, after those Propositions which he caused his Clergy to sign about twelve Years ago.  
But some will say, that this is quiter another Case. For Arragon is a Fief of the Church, and according to the Law, when the Vassal is become guilty of Felony, the Fief returns to the Sovereign by right of Reversion, and he may dispose of it to whom he thinks fitting. To which we shall answer once for all, that the Pope being a Bishop, neither ought nor can in any manner enter upon a Sovereignty; and as he never had a Right to enter upon the Temporalities of Princes, they are sufficiently warranted to shake off that Yoke whenever it lies in their Power. But to cut off all Objections and Replies, we need no more then city the Treaty of Clermont in the Year 1260. between Philip the Son of St. Lewis, and Don James, King of Arragon, by which all the Claims that the Crown of France could lay to that of Arragon, were absolutely resigned and released, with a Discharge for the Future from all Relievance and Homage.  
There remains then, only the Right of Lewis II. Duke of Anjou, who as Husband to Yoland of Arragon, ought to succeed John his Father-in-Law: but this Claim is derived a little too far off to be of any value; the Kings of France not having been ever in Possession, but only claiming by virtue of a Will made by one that had merely a bare Title, grounded upon the Will of a Prince, who far from having reigned and possessed Arragon, pretended only to a Title in right of another; so that these Claims are derived to the Crown of France only from Titular to Titular, and from Will to Will. But besides that the Centuries during which the Kings of Arragon have been in Possession, give 'em a Sufficient Title, which excludes France for ever, and all that pretend any Title from her, there is one more Reason that will admit of no Reply; which is, that Lewis, Duke of Anjou, and Don Ferdinand, King, or Usurper of Arragon, referred themselves to a Voluntary Arbitration, and promised to stand to the Decision of Nine Lords of the Kingdom, which they choose unanimously, viz. three of Arragon, three of Catalogna, and three of Valencia; who after a serious and mature Debate, gave the Crown to Don Ferdinand, by their Sentence pronounced in the Year 1415. which was confirmed by Pope Benedict XIII. to whose Determination they referred themselves the Second Time. So that the Question was absolutely decided.   

The Pretensions of the King of France to Catalognia.  
FEw People agree upon the Time that Catalogna began to hold of the Crown of France. Some say, it was Charles the Gross, who erected it into an Earldom, and invested in it Jeffery the Hairy, about the Year 885. Others assert that it was Charlemaign who gave it to Jeffery of Arrio, which to me seems most probable; it being certain that Charlemaign conquered Catalogna in his march into Spain, as Eghinar reports. Sibi subegit totum Montis Pyrenaei jugum, & usque ad Iberum Amnem, qui Hispaniae Agros secans, ad Tartosae urbis Moenia Balearico Mari miscetur. However it were, 'tis sufficiently known, that till the Year 1131. Catalogna had always paid Fealty and Homage to France, and that all the public Acts were made in the Name, and dated from the Reign of the Kings of France. But D. Alphonso who reigned about that time in Arragon, stomaching the paying of Homage to any Body, declared himself Independent, forbid the Notaries to make use of any other Date then that of the Year of our Lord, and from that time till the Year 1636. at what time the Catalognians revolted from Philip the IV. the French had never any Homage paid 'em from thence. But they pretend to have acquired a new Right by that Revolt, because the Catalognians observing the Usual Maxim of Rebels, which is to support themselves under the Protection of their Sovereign's greatest Enemy, delivered themselves up to the King of France, who received ' em. And they grounded the Occasion of their Revolt upon this, that by the Law of Union made by James of Arragon in 1320. of the three Provinces of Arragon, Catalogna, and Valencia, he granted Catalogna certain Immunities and Privileges, which being broken, the Catalognians shook off the Dominion of Spain, and made choice of another Sovereign. Whence the King of France concludes that their Delivering themselves up to him, was Legal.   

inquiries into the Pretensions of the King of France to Catalogna.  
'TIs to no purpose to allege the Ancient Rights; for besides that the French have a long time surceased to revive those Titles, and for that at the same Time that Alphonso shook off the Yoke, Philip the August, and Lewis VIII. seemed to approve the Act by their Silence, by the same Treaty of Clermont also Philip resigned to James all his Pretensions to Catalogna, as well as those upon Arragon.  
The Second is more unreasonable: for 'tis an idle thing to say that the Law of Union could justify the Catalognians from revolting against their Sovereign; and the making use of such Pretences is an open and bare-faced Attempt to usurp what belongs to another. However, to speak properly, 'twas only by virtue of this Seditious Donation, that the King of France sent his Viceroys thither, who continued the Title also after the Spaniards had reconquer'd it, and that he sometimes still assumes the Title of Count of Catalogna: for as to his old Claim, 'tis too much superannuated for him to think any more of it. But neither is the one any Better then the other, seeing that the Pyrenaean Treaty has most positively and clearly decided the Point by the 43d. Article, which contains a Renunciation at large, on the King of France's part to all his Pretensions to the said County and Principality.   

The Pretensions of the King of France to Roussillon.  
THe King of France lays two Claims to Roussillon. The First, as it is a dependence upon Catalogna, by virtue of the Rights set forth in the preceding Chapter. And the Second, by reason of a Loan of 300000 Crowns which John, King of Arragon borrowed in the Year 1462. and for which he mortgaged his said County of Roussillon to Lewis XI. King of France, who lent him the said Money to support the Charges of the War which he waged against the Kings of Castille, and his own Subjects that were revolted from him for the Bad Usage of his Son. And because that sum was never repaid, the King of France pretends that Roussillon remains under the same Engagement.   

inquiries into the Pretensions of the King of France to Roussillon.  
IF Catalogna were duly resigned to the Kings of Arragon, as we have already made it appear, 'tis past dispute that the Dependencies upon it were resigned in like manner; so that there is no necessity of entering into any new discussion of that Point.  
As for what concerns the Title of Mortgage, upon which the King of France erects his Claim by reason of the Loan of 300000 Crowns, it has been a long time quiter out of doors, in regard that Charles VIII. released it absolutely to Ferdinand, King of Arragon, to whom he resigned the County gratis, to the end he should not molest him, during his neapolitan Expedition, wherein he was more Fortunate then Prudent; seeing that he proved Successful, tho' he had neither Captain, nor Money, nor good Ministers; which evidently appeared by this Idle Restitution; for which if Charles could not have obtained the whole 300000 Crowns, however he might have had a good part. Comines says, That there were two Franciscan friars, the own his confessor, the other the duchess of Bourbon's, that persuaded him to it, assuring him that the King his Father had so ordered it upon his Death-Bed, and that Charles, who was a Prince extremely good natured, fell into their Snare. But in regard there is no likelihood that Lewis XI. upon his Death-Bed should entrust any other then his Son with his Last Will and Testament, there is as little Reason that he should suffer himself to be over-ruled by a couple of Priests. We are therefore of Mariana's Opinion, who says, That it was the Bishop of Albi, Charles's Tutor, who being bribed by Ferdinand, prevailed with him to do it, persuading him that it was the only way to hinder the King of Arragon from invading France, while he was busi●d at Naples. However, it was a false Step in Policy, observed by all Historians. And in regard it was very Prejudicial to the Crown, the King of France thought that a Pretence sufficient to repair his Losses; and therefore it is, that he sets up this Claim among the best that he has, to the Dominions of the King of Spain.  
We shall not trouble ourselves to raise superfluous Arguments upon this Point. The Reader plainly sees that an Estate which has been resigned gratis, is as good a Resignation as if the Resigner had received Millions of Gold. Nor will the Pretended salic Laws in this case serve the King of France's Turn: For they did not forbid the Kings of France to lend Money to their Friend, but only that they should not alienate the Demesnes of the Crown. Now the County of Roussillon was never annexed to the Crown, but only mortgaged; which are two different Things.   

The King of France's Claims to the Kingdoms of Naples and Sicily.  
THe King of France, by virtue of his Titles to the two Sicilies, enjoys Provence at this day, which is a Dependence upon ' em. It is grounded upon three Heads; the first of which is, the Investiture which Pope Urban IV. gave to Charles the Brother of St. Lewis in 1262. to the Exclusion of Conrad, and Conradin the Children of Frederick II. Emperor and King of Naples, who rebelled against the Holy See, and for that reason the Pope deprived him of his Kingdoms of Naples and Sicily, and gave 'em to Charles, who enjoyed 'em till the Year 1281. at what time Peter, King of Arragon, who married Constance the Daughter of Manfred, natural Son of Frederick, desirous to revenge the Death of Conradin, whose Head Lewis had inhumanly caused to be struck off, won to his Party a certain Person whose Name was John de Procida, who had been one of Conradin's Officers, and sent him to Constantinople to treat with the Emperour Alexis, about assisting him to drive the French out Sicily. After which Procida returning to Messina, counterfeited himself a Mad man, and when he met with the French, put the end of a long Trunk to their Ears, and  told 'em any Idle Stories that came into his Head, and then played with a Quarter-Staff: but when he met with the Sicilians, he instructed 'em by means of the said Trunk, which way to shake off the Yoke of French Tyranny, and bid 'em Massacre all the French. And he managed his pernicious Design so cunningly, that it was put in Execution upon Easter-Day, in the Year 1282. about the Hour of Vespers. The next Year, Peter of Arragon was crowned there; since which time Sicily has been always a dependence upon that Kingdom. However, Charles D. of Anjou and his successor, reigned at Naples for the space of 170 Years, which was to the Year 1435. at what time Joan the II. the last of that Race, died. And from the Heirs of this House of Anjou it is, that the Kings of France derive their first Title to France.  
The Other comes from another Queen Joan, who after that she had for several Years led a worse then Licentious Life, with Lewis Prince of Otranto, Otho of Brunswick, and several Others, put to Death her Husband because he could not endure her Debaucheries. After which, she married James of Arragon, Duke of Calabria, whom she likewise put to Death, and by these Infamous Crimes having incurred the Indignation of Urban VI. she put her self under the Protection of Clement VII. and by his permission she adopted and made her Heir Lewis, Duke of Anjou, Regent in France, during the Minority of Charles VI. his Nephew. But the Hungarians coming to Naples under the leading of Charles de Duras, besieged the Queen in the Castle of Ovo, took her and caused her to be hanged, to revenge the Death of Andrew his Kinsman and Brother of Lewis the Great, King of Hungary. After that, Charles de Duras made himself Master of the Kingdom, and kept it, both He and his Posterity, maugre all the Endeavours of this same Second House of Anjou, till the Year 1414. that Ladislaus dying, another Joan succeeded him, from whom the Kings of France derive their Third Title, because this Joan, who was a lewd Woman, and also a little crazed, had adopted for her Son, Lewis III. Duke of Anjou, to the Exclusion of Alphonso. King of Arragon and Sicily, whom she had adopted before, but whose Adoption she had vacated, because he besieged, took her, and afterwards shut her up in the Castle of Naples. These are the Claims of France to this Kingdom.   

inquiries into the pretensions of France to the Kingdom of Naples.  
ACcording to that Proposition which we have asserted, and which we are apt to believe that all the World, except the Italians, will agree with us, to be Infallible, That the Popes have no Power over the Temporalities of Princes, the Investiture of the Kingdom of Naples granted to Charles, Brother of St. Lewis by Urban IV. is absolutely voided. Frederick was an Emperor, who held not of the Church in any respect; so that the Pope had no Power to dispose of his Dominions. This is an Axiom from whence all Kings and Princes are never to depart, if of Sovereigns as they are they have no mind to be reduced to the Degree not only of Subjects, but of Slaves; there being no Dominion in the World so Tyrannical as that of Rome. Let then this be said and granted once for all, to the end it may serve for a Rule for the future.  
The Second Title which the King of France pretends to Naples, is not much Better then the First; for an Adulterous Woman and a Parricide, such as Queen Joan, could never make a Donation valid in Law. Besides Lewis, who was the Person to whom the Donation was made, never possessed any thing in Naples, which is a great Defect in a Title, especially grown out of Date. But suppose he had been a Reigning King in that Kingdom, shall the Kings of France engross to themselves a Title to inherit all the Kingdoms that were upon a time possessed by Princes of their Families. Add to this, that if the Pope's consent were of any necessity in such a Donation, because Charles the Brother of St. Lewis had made Naples a Fief of the Church, we may aver, that Joan had no such consent; for that of the two Popes, who then pretended to the Papal Chair at one and the same time, he who sate at Rome, was so far from approving her Conduct and her Actions, that he sent for Charles de Duras out of Hungary, to punish her Crimes, and Revenge the Death of his Uncle.  
The Other Joan, who adopted Lewis the III. Duke of Anjou, was a Woman whose Conduct was no more to be commended then the others. She had for her Favourite one Caraccioli, that came from the Dregs of the People, whom she had advanced to the Highest Employments in the Kingdom, by whom she suffered her self to be wholly governed, and with whom she lead a Scandalous Life in the Face of the Sun, that 'twas no wonder, if Alphonso, tired out with her wicked way of Living, and knowing that she was not a Woman to be reformed, caused her to be shut up in Imprisonment. It may be questioned also, whether she had the Right Use of her Reason; for in that case Alphonso could not be blamed for doing as he did. Now the greatest Part of the Best Historians give us that Account of her. But tho' it were not so, the King of France has no reason to pretend to any Advantage from this Title, which as well in respect of this as the Kingdom of Arragon, descends to him only from a Titular Inheritance never possessed, and that an Indirect one too, as being grounded only upon the two Wills and Testaments already mentioned.  
But wherefore should we trouble ourselves to refute these over Antiquited Titles, were they the best in the world in themselves. For have they not been amnihilated by divers Resignations which the Kings of France have made in several Treaties? One of which was that concluded at Noyon, in the Year 1516. by which Francis I. King of France resigned and released all his Pretensions to the Kingdom of Naples, to the Emperor Charles V. 'Tis true, that there were other Things which were not performed, and it may be said, that by Consequence the Treaty remains Imperfect. But the Case is not the same in respect of the Treaties of Madrid, Cambray, Crepy, and veruins, which have confirmed that of Noyon, upon that very Article; and particularly that Important Treaty of 1524. by which Lewis XII. renounced without any Exception for himself and his Heirs, all his Claims and Pretensions to Naples, in favour of the Marriage of his Niece Germana de Foix with Ferdinand of Austria.   

The Claims of the King of France to Navarr.  
THe Crown of Navarr is one of the most Ancient in Europe: It derives its Original, according to Petrini, from Hercules, who after his Victory gained over the Lominians, laid the Foundations of this Kingdom; for which reason the Kings of Navarr boasted themselves to be descended from the Family of Hercules. However it were, this is certain, that 'tis above 900 Years, since Don Garcia Ximenes, whom we have already mentioned by the way, reigned in Navarr; and that he was also honoured by Pope Zachary, with the Title of Most Faithful King, to be born by him and his successors; in acknowledgement for that in Conjunction with Charlemaign, he had expelled the Moors out of Spain, as appears by his Bull dated in the Year 744. which begins, Fidelissimo Regi nostro, Garciae Ximenio, Regi Subarbiae, Dilecto, &c. Just as the Kings of France, for their Services done the Holy See, have obtained the Title of Most Christian, which was given 'em in the Council of Orleans.  
The Crown of Navarr has likewise had this particular Advantage above all Others, that it never fell under Collateral Inheritance, every King having always left Issue behind him, either Male or Female, till this present time that their Race is continued in Monsieur the Dauphin, who has three Children living. For though he be not in possession of the Kingdom, that do's not hinder him from being descended in a direct Line, nor from having a great Interest in the Kingdom, grounded upon the next and lawful Inheritance. Which we shall make out, by saying, that Charles III. King of Navarr had but one Daughter, named blanche, who was married to John King of Arragon. From which Marriage descended Charles of Viana, who was poisoned by Joan of Castille, his Mother-in-Law, and Leonora his Sister who succeeded to the Crown, and was the Wife of Gaston de Foix. They had for their Daughter and Heiress catherine●, who was married to John d' Albret. Henry d' Albret, King of Navarr, was their Son, who married Margaret of France, Sister to Francis I. and from that Wedlock descended Joan, the Only Daughter and Heiress of the Crown. She was Queen of Navarr, Princess of Boarn, Countess of Foix, Armagnac and Bigorre, and was married to Anthony of Bourbon Duke of Vendome, first Prince of the Blood, from whom descended Hen. IV. the Father of Lewis XIII. and Grandfather of Lewis XIV. now Reigning. By this Genealogy, is to be seen the Establishment of his Right to an Estate, which as yet he do's not enjoy. But instead thereof, he enjoys many others more considerable, which would not belong to him, if every Body had their own. So that when Restitution comes to be made, he must restore many fair Territories and Provinces, which he detains from the House of Austria.   

inquiries into the Pretensions of the King of France to Navarr.  
AMong all the Pretensions of the King of France, we find none better fixed then this, for tho' there be a Possession of above 150 Years that makes against him, nevertheless, because that neither he nor his Predecessors ever positively renounced it, therefore it appears to be so ●●●h the stronger; besides that Philip II. King of Spain, a Prince that was ●ot of a humour to part with his Territories upon a Slight Account, upon his Death-Bed ordered his Son Philip III. by an Express Codicil, to restore this Kingdom to the House of Bourbon. 'Tis true, that he added, In case the Restitution were no way prejudicial to the catholic Religion, nor the Tranquillity of the Kingdom of Spain. But these Reservati●ns did no way Enfeeble his acknowledgement, that in good Conscience it did not belong to him. And indeed the Kings of Spain possess it by no other Title then by a Grant of the Pope, who Excommunicated John d' Albert, King of Navarr, and put his Kingdom under Interdiction, for the slightest and most Illegal Cause in the world. It was Julius the II. who at that time governed the Holy See: and because he hated Alphonso d' east, Duke of Ferrara, but had a great Love for his Territories, he Excommunicated him, that he might make himself Master of ' em. Lewis the XII. King of France, who was his Father-in-Law, gave him Assistance both of Men and Money, which induced the Pope to declare him Excommunicated ipso facto, and to solicit the English and Spaniards to make War upon him. But in regard they were to pass through Navarr, King John opposed ' em. Upon which, the Pope let fly his Thunders at him also, as adhering to the French, who were Friends to the Ferraresi. However, by virtue of this Excommunication, the English and French seized upon his Country, as if they had had a firm Title to it, and shared it between 'em; and because it lay more convenient for the Spaniards then the English, they agreed together for the sum of 500000 Crowns, which the Spaniards either gave or promised to give the English; in consideration of which Money, the King of Spain was to have the whole, except Bern, Bigorre, and some part of Navarr.  
By what has been said, it appears that the King of Spain has no good Foundation for his Possession of this Country. Otherwise, we must grant the Popes those Rights which they with so much greediness covet, and allow 'em a Power to Expel Princes out of their Dominions, whenever they shall take a Fancy to show their Authority, which would be the absolute overturning of all apostolic and Episcopal Institution.  
For the Spiritual Power of Bishops no way extends itself over the Temporalities either of Princes or Private Persons. This is the Doctrine of the Ancient Fathers, which is to be observed in their Writings, and which they preached as they had received it from the Apostles. Thus Sylennius, Bishop of Ptolemais, declares, That as a Bishop he had not power to condemn Athanasius to any Corporal Punishment, because it was a Privilege that belonged solely to the Magistrates, and that all that he could do by virtue of that Power which he had received from Christ, was only to excommunicate him: and every where he loudly exclaims against Bishops, who intrude themselves into Temporal Affairs and Jurisdictions, as altogether contrary to their Commission. In a word, that we may not enter any farther into this controversy, 'tis sufficient for the Justification of our Assertion as to the Pope and his assumed Jurisdiction in Temporals, that our Principle is founded upon the Old and New Testaments, upon the Fathers, upo●●ncient practise, and upon Right Reason; all which forbid that the Ministers of the Church should entangle themselves in worldly Interests, which do but distracted 'em from their Religious Duties.   

Pretensions of the King of France to the Kingdom of Majorca.  
THe City of Montpellier was formerly an Earldom annexed to the Crown of Arragon, by the Marriage of Mary, Countess of Montpellier with Don Pedro, which gave that Prince a means to be particularly acquainted with the Principal Persons of the Country, who were almost all of 'em Albigeois; and he listened so attentively to 'em, that at length, convinced of the Doctrine which they taught, he embraced it altogether, and declared himself their protector against the crusade with the Pope had publicly excited, with a Design to exterminate 'em, and of which the Count of Montferrat was the Head. But in regard that at that time, his Son, Don Jaimo was a Student at Montpellier, and because that City was already fallen under the Power of the crusade, they detained him Prisoner, and kept him very close till the Year 1213. at what time D. Pedro was slain at the Siege of Moret; after which, they restored the Son to his Liberty, and sent him into Arragon to take Possession of his Kingdom. Nevertheless, because that during his Imprisonment, he had had none but Monks for his Governours, they infused such a world of Superstition into his Mind, that he could never get rid of it afterwards; and more then that, during his Confinement, he made a Vow, That if it should please God and the Holy Virgin to restore him to his Kingdom, he would institute an Order for the Redemption of Captives, he would go on Pilgrimage to Rome; and do a world of other such things, which he afterwards performed; and more then that, he engaged himself out of a pure Motive of Devotion, to conquer the iceland of Majorca, which was possessed by a Moresco King, whose Name was Abohide, and who by his piracies greatly infested the Christians. And indeed he proved very Successful in his enterprise, for that after a Siege of fifteen Months, which he laid to the Capital City where the King of the Moors was killed, with the greatest part of his Men, who made a wonderful Resistance, he subdued the iceland. Any other but Don Jaimo would have enjoyed his Conquest, and the Advantage which it brought to his Crown. But he, infatuated with his misguided Devotion, did Homage for his New Conquest to the Church of Magellone in Montpellier, and willingly made himself the Founder of it without any Necessity.  
The Kings of France, who have always had an Eye upon what might turn to their Advantage, and would not let this Opportunity slip, without acting according to their own Interests, never gave over till they had found a way to get the City of Montpellier into their Hands, which they purchased at length in the Year 1347. of Don Jago, King of Arragon, together with Majorca, for the sum of 120000 Crowns. After which, they agreed with the Bishops of Montpellier, giving the Fief of Poussan and Frescalin in Exchange for the Sovereignty of Majorca, which they pretend to have been by that means and at little charges incorporated, or rather re-united to their Crown. For they say, that the Ground upon which the Church of Magellonne is built belonging to them, all the Dependences that could be annexed to it, appertain to them in like manner.   

inquiries into the Pretensions of the King of France to Majorca.  
IT must be acknowledged that bigotry in the Soul of a Prince, is a Weakness pernicious to his Territories, and prejudicial to his own Honour. 'Tis good for a Prince to be pious and devout; nay, it is necessary that he should be so. For without it, we hold it morally impossible that he should govern justly, prudently and gloriously. But in matter of Devotion, as in all other things, there is a certain Medium, a just Mediocrity, from which there is no deviating, without falling at the same time into some Extremity of Impiety or Superstition. A Bigot was never politic: and indeed how should he be so? seeing that Policy is only to be acquired by Experience, Study, and Natural Parts; whereas Bigotry on the other side is the Daughter of Ignorance. Thus we always find that Bigots are always very ignorant; which immediately appears from hence, that they make the Fundamental and Essential Part of Religion to consist in Vinegar Faces, demure Countenances and minute Trifles, which for the most part are the most Unprofitable Things in the World. And these sort of People usually fall into all the Snares that are laid for 'em, and they that can but find a way to pretend either God or the Saints to be of their Party, shall make 'em do whatever they please without the least Examination. For proof of this we might city Examples enough: but we shall not put ourselves to the needless trouble of producing any more then this one that makes to our purpose.  
Don Jaimo was one of these Persons devout in Trifles. He thought he should do a Meritorious Act in offering to the Virgin Mary, to whom the Church of Magellonne is dedicated, the Sovereignty of Majorca; and never considering the Consequences that might attend it, which he foresaw so much the less, because it was in his Earldom of Montpellier wherein the Church was built, that he effected his Design. And 'tis most certain that in paying Homage after this manner to the Virgin of that Church, that he never had it in his thoughts, that the Kings of France would one day take their Advantage from it to make his successors feudatories and Homagers to their Crown: yet he ought to have foreseen the Inconvenience, and not to have put himself to the Trouble of giving Temporal Signiories to the Virgin, who gave him no Thanks for Offerings that so little concerned her. But in regard the Thing is done, let us examine whether France can assume a Lawful Right to the Kingdom of Majorca, by virtue of the Purchase which they made of the Earldom of Montpellier, and their Agreements with the Bishops.  
We say he cannot: and we shall prove it by many Reasons, beyond Contradiction; the first of which particularly admits of no Reply; which is, That Don Jaimo did not do Homage for his Crown to the Bishop, but to the Virgin, and the Kings of France having never contracted with Her, all their Agreements became voided, unless the Bishops of Montpellier have a Sufficient Deputation to show from her; which we are apt to believe they have not. Moreover, considering things in themselves, there is so great a difference between a Homage paid to the Holy Virgin, who since her Glorification, never troubled her self with the Affairs of this World, at least like a Person that had Lands and Tenements here, and that other Homage which Men are obliged to pay to such a King as the King of France, whose Dominion was never very gentle toward feudatories, that Common sense and Reason will never admit that such a Fief should be alienated from the One to the Other. And if we have no written Law to quote upon this Point, because the Case being altogether Extraordinary the Legislators never bethought themselves of framing any Constitutions in this particular, nevertheless we have the Divine Law which is offended by this pretention. The sole Question is then to know, whether Don Jaimo paid Homage to the Virgin or the Bishop; for the Dispute is not well as yet decided. However we are apt to believe, that we may boldly assert, that it was to the Saint, and not to the Bishop, who was his Subject by right of Birth and Patronage of the Church, which always belonged to the Kings of Arragon in the Territories and Countries under their Obedience: so that he must have been the Subject of his Subject; which is absurd. Nor do's it behove the French to ridicule this manner of paying Homage to the Virgin: for tho' indeed there be a great deal of Simplicity in the Ceremony, nevertheless the French Kings were they that introduced it. Lewis the Debondir, being the First that ever thought of it, gave the City of Strasburgh with all its Dependencies to the Virgin; and Lewis XI. desirous to imitate him, far surpassed him, for he paid Fealty and Homage for the City of Bologne to the Holy Virgin before her Image, his Head bare, without Girdle or Spurs; and gave her as an Acknowledgement of the tenor by which he held of her, a Heart of Massy Gold, engaging himself and his Successors to be her Vassals for the said City of Bologne; nevertheless, we never red that the Bishops ever pretended by virtue of that voluntary Homage, to assume any Sovereignty over the King of France. There were others also that followed the Example of these two Princes: and thus Demetrius King of Russia, offered his Kingdom to St. Peter, and Stephen King of Hungary, surrendered his Kingdom to the Holy Virgin.  
Nevertheless, let us suppose a Thing that never was; that it was not to the Virgin that Don Jaimo paid Homage for his Kingdom, but that he annexed this Noble Right to the Church, and the Governours of it, it would not follow thence, that it belonged to the Bishop, but rather to the Curateship of the Church, which is seated within half a League of the City, upon the gulf of Leon, at present no more then a bare Parish. If they object to us the Superiority of the Bishop over the Curate, who seized it by a Sovereign Right preferable to that of his Inferior, We answer, That this Right ought to return to the Pope, who is as much Superior to the Bishop, as the Bishop to the Curate, and so it came to pass that the Kings of Majorca should hold of no Body but the Pope, upon whom they already depended for their Kingdom of Arragon. But these Dependencies upon the Pope are only fit to be laughed at, he having no Authority over the Temporalities of Princes, as we have asserted and proved. To all these Reasons then we shall add two more: the First is Possession, which secures the Rights of the Kings of Spain; and the Second is, that tho' it were true, that the Bishop had been made real Sovereign of Majorca, he could not have had any Right to have alienated that Sovereignty for two Reasons; the one, for that according to the Law, the Estates of the Church cannot be alienated; and the second, because that Devotion being the Motive to Don Jaimo's Donation, it tacitly implied the Condition, that the Bishop could not resign his Right to any Prince whatever, much less to the King of France then to any other, considering the Difference between One Lordship and the Other.   

Pretensions of the King of France to Sardigna.  
SArdigna is an iceland in the Mediterranean Sea, erected into a Kingdom by Pope Boniface, who invested in it Don Jago, King of Arragon, upon Condition that he should conquer the Moors: after which Don Pedro having incurred the Indignation of Pope Martin the IV. by reason of the Sicilian Vespers, he declared the Kingdom of Sardigna forfeited by him, as well as that of Arragon and his Other Territories, and invested in 'em Charles of France, the Son of Philip, in the Year 1282. Nevertheless, Sardigna never fell under their power, for that the Kings of France, tho' pretended Heirs of Charles, made so little reckoning of that Investure, that Philip to acquire a Better Title, purchased the iceland of Jago of Arragon, together with the County of Montpellier in 1347. But because there was but one part of the Money paid, therefore the King of Arragon relinquished no more then one part of the Bargain, which was the City of Montpellier and the Dependencies upon it. However in the Year 1462. it was a second time mortgaged to the King of France, with the Earldom of Roussillon, for the sum of 300000 Crowns, and since that, they have pretended the same Right both to the One and the Other.   

inquiries into the Pretensions of the King of France to Sardigna.  
THo' the Popes Investitures are as bad Titles as any that can be pretended to, and that the French know very well how to baffle 'em, when they are not made in their Favour, nevertheless they make no Scruple to urge such Titles every day; which only proceeds from a Partiality never to be excused. For in this case Princes must agree among themselves, whether the Right of Investiture by the Popes be valid or no, to the end the Question may be absolutely determined. In the mean time, till this Dispute be decided one way or other, we shall always assert, that Investitures granted by the Popes are voided and of no Effect, by virtue of that Natural Axiom, which says, that No Man can give away that which is none of his own. Now then the Popes not being Original Sovereigns of all these Provinces, therefore they have no power to dispose of ' em.  
As to the Sale of Sardigna, made by Jago King of Arragon to Philip of France, it could give him no Title to it, because the Price agreed upon was not paid. The Title then which the Kings of France might seem to Urge upon better grounds, is the Mortgage of Don Juan of Arragon to Lewis XI. But in regard it was resigned and released Voluntarily and gratis, together with the County of Roussillon by Charles VIII. D. Ferdinand who took Possession of it again, and for that the Kings of Spain have been ever since in Possession of it, it may well be said that the King of France has no more to do with it.   

Pretensions of the King of France to Milanois.  
ACcording to the Pretensions of the King of France, the duchy of Milan is a dependence upon that Crown. The Title comes by the Marriage of Lewis of orleans, the Son of Charles V. with Valentina Galeazzi. She was the Daughter of John Galeazzi, who had Three Children, Giovanni Maria, Philip Maria, and her self.  
Giovanni Maria succeeded his Father, and after he had ruled Nine Years, died without Issue, and left the Dukedom to his Brother, who left behind him no Children neither. So that after his Death, Valentina pretended to the Succession; as well for that she was the Next Heir, as by virtue of her Contract of Marriage; by which it was covenanted, That if John, and Philip Maria deceased without Heirs Males, she should succeed to the duchy, both she and her Heirs. But her Husband, the Duke of Orleans, being killed at Paris by the Duke of Burgundy's People, and Charles his Son a Prisoner in England, where he was detained for Five and twenty Years together, he could not exert his Claim. Which gave Francis Forza, a Soldier of Fortune, and who being also the Duke of Milan's General, had married a Natural Daughter of his, an Opportunity to make himself Master of the Capital City, and afterwards of the best part of the Country, except Cremona and Piacenza, of which the Venetians had possessed themselves. However, the Dukes of Orleans preserving still their Claim, made some Attempt in the Reign of Charles VI. And Lewis XII. being come to the Crown, the Marriage of his Daughter Claudia with Charles Arch-Duke of Austria, the Emperor Maximilian's Grand-child was agreed to; who, upon that Consideration, granted him two Investitures, the one in 1500, the other 1509. And after that, Milan fell under the Dominion of the King of France, by Force of Arms, at two several times; and Francis I. gave an Investiture of the duchy to Francis Forza, the Usurper's Grand-child; from whence they derive their Title to this duchy.   

inquiries into the Pretensions of the King of France to the duchy of Milan.  
AS there is nothing more natural then the Succession of Children to their Parents Estates, a Man would think, at first, that Valentina's Title were well grounded; and that she had a terrible Injustice done her, in giving the duchy to the Husband of a Bastard, to the Exclusion of her and her Heirs. But these fair shows all vanish from him that will but give himself the trouble to enter into the Discussion of the Matter. Valentina, 'tis true, was the Legitimate Daughter of John Galeazzi, Duke of Milan; and besides this Right of Blood, Galeazzi had made her his Heir, by his Contract of Marriage. But at the time that the Emperor Wenceslaus erected Milanois into a Dukedom, that he invested in it Galeazzi himself, it was as it were a Male Fief; to which the Daughtets could not succeed, and which by consequence devolved again to the Empire, after the Death of Philip Mariv, notwithstanding the Clauses in the Contract of Valentina's Marriage, which could not be valid in that respect, as not being ratified by the Emperor. 'Tis true, that it was made during the Vacancy of the Empire; and that Pope Benedict XIII. taking the Advantage of that Conjuncture, to affirm to himself an Authority that no way belonged to him, had approved it. But 'tis visible, that that same Approbation was no other then a begged and useless Thing, the Pope having no Right to make any Decision in the Case. 'Twas the Emperor Frederick then to whom they ought to have afterwards addressed themselves, for the giving his Consent, and ratifying the Clause which concerned the Succession. Now, in regard he did not do it, but rather was so far from it, that he disapproved the Thing, and granted the Investiture of the duchy to Francis Sforza, 'tis as clear as day, that Valentina's Title could be of no force. However, Lewis XII. being of another Opinion, marched into Italy with a powerful Army, besieged Milan, and being Master of the Place, took Lodowick Storza, and carried him away Prisoner into France, where he died in the Tower of Loches, and by that violent means Milanios fell into his Power; and the Children of Lodowick were constrained to fly into Germany, where they put themselv'es under the Protection of Maximilian I. who received 'em honourably, but not so kindly as to undertake to restore 'em to their Dominions: quiter the contrary, he granted to Lewis the Two Investures before-mentioned, upon which the King of France grounds his Second Title. But there are Two Reasons which admit no Reply, that utterly annul ' em. The First, is, Because the Emperor could not invest Lewis XII. the Invader of his Territories, to the Exclusion of the Lawful Princes who had never rebelled against him, nor had ever given him any Occasion of Complaint. The Second, is, Because those two Investitures were not granted, but in Consideration of the Marriage which was concluded between Charles the Grand-child of Maximilian, and Claudia the Eldest Daughter of Lewis, as it is expressly set down in the Acts. And because the Match never came to any thing, 'tis most certain, that the Investiture could be of no Validity. And this would be a thing beyond all controversy, if France would but do her self Justice; but she is not for that sort of Conduct. For which Reason, there is no question to be made, but that as frivolous as her Title is, she will be endeavouring to make the best of it, upon all Opportunities that shall offer; though she has already formally renounced it, not only by One, but by Four Treaties, which are those of Madrid, Cambray, Crespi, and veruins.   

Pretensions of the King of France to the duchy of Luxemburgh, and the Earldom of Chini.  
LEwis Duke of Orleans, Brother to Charles VI. and the same who espoused Valentina Galeazzi,( as Monstrelet says) purchased the duchy of Luxemburgh, which contains Four and twenty Cities. This is all the Claim that the King of France can build upon: for it is above Two hundred Years ago, since it fell to the House of Burgundy, by the Resignation of Joanne de Grenich, duchess of Luxemburgh, made to Duke Philip, in 1443. who had assisted her against her Subjects that had expelled her out of her Dominions; and because she had not Strength sufficient to maintain her Right, she choose rather to make an Agreement with the Duke, who allowed her a Yearly Pension of Ten thousand Crowns, during her Life. Since which time he enjoyed it, and the Kings of Spain after him, till of late Years, that the King of France seized upon it.  
As for the Earldom of Chini in particular, we find in the Decree of the Chamber of Metz, dated May 20. 1682. the Pretences by virtue of which the King of France declares it to be annexed to his Crown: and though there are several, we may reduce 'em to Three, which are the principal. The First is, Because the Earldom of Chini, with the Signiories, Appurtenances, and Dependencies belonging to it, were always under the Protection of France. The Second, is, Because the Earldom is a Fief holding and depending upon Bar. And the Third, is, Because the People have all along resorted for their Law Affairs to Montmedy; which City belonging to the Crown, the Dependencies also belong to it. Upon these Three Points are grounded all the Pretensions of the King of France to the Earldom of Chini.   

inquiries into the Pretensions of the King of France to the duchy of Luxemburg, and Earldom of Chini.  
WE shall not trouble ourselves thoroughly to examine the Three Propositions contained in the Decree of the Chamber of Metz. 'Tis a Discussion which we leave to the Lawyers: only we must say, by the bye, That as to the First, the King of Spain expressly denies it; nor does he believe that the Sieur Ravaux, how diligent soever in his inquiries, can ever make it out.  
As to the Second, tis true, that one half of the Earldom of Chini held a long time of the duchy of Barr. But the duchy paid Homage also to Luxemburgh for the Castellanships of Marville and Arancy, for Conflans in Garnesi, and the Lordship of Marri. But because this reciprocal Holding was inconvenient to the Lords, they have several times made Exchanges and Compensations. Among others, by the Treaty concluded in 1342. between John King of Bohemia, and Duke of Luxemburgh, and Henry, Count of bar, and several others. And this Affair was absolutely determined by the Treaty made afterwards between Charles II. Duke of lorraine, and Philip King of Spain, in 1602. by which they release to each other all Claims and Pretensions, the one to the Earldom of Chini, the other to the duchy of Barr.  
The Third Proposition is not worth the trouble of making any stay upon it. For in short, not to spend time in proving that the People of the County of Chini went for their Law to Beaumond, and other Places, before they resorted to Montmedy, is it not a ridiculous thing to pled, That because a City which gave Law to a Country is dismembered and alienated from it, therefore all the rest of the Country must follow that Alienation? By this Rule, the King of France need do no more then seize upon Malines, which would be an enterprise of no great difficulty, and so he might gain all the Spanish Low-Countries at one stroke.  
But to cut all these Arguments short off, we need no more then refer to the Treaties made, first of all between Lewis XI. and Philip the Good, Duke of Burgundy, in 1414. by which, he releases and resigns, for ever, to the said Philip, his Heirs, and all others claiming under him, all his Rights, Titles and Pretensions whatever to the Earldom of Chini, and Luxemburgh. And those other Treaties made by Francis I. and his Successors, at Madrid, Soisson, Cambray, Crespi; and veruins.   

Ancient Pretensions of the King of Francc to Flanders, with the Four duchies and Signiories belonging to it.  
THe Original of this pretention derives itself from the Marriage of Judith the Daughter of Charles the Bald, King of France; who after the Death of Richard King of England, her first Husband, passing through Flanders in her Return home to her own Country, was violently taken away by Baldwin, Great Forester of Flanders; who afterwards married her, partly by Force, and partly by Consent. Which coming to Charles's Ear, he was so far from being offended at it, that he erected Flanders into an Earldom, in favour of this Marriage, and invested in it his Son-in-Law Baldwin, upon Condition that he should hold it of the Crown of France as a Movant Fief. And since that time, all the Earls have paid Homage and Fealty for it to Charles V. who did Homage in his Proper Person to Francis I. This is what concerns the Sovereignty. But since the Marriage of Mary Teresa, the Daughter of Philip IV. King of Spain, with Lewis XIV. King of France, he has pretended that this Country belongs to him by Propriety, and that it devolved to him by the death of Don balthasar her Brother. Which we shall explain in a Chapter by itself.   

inquiries into the Pretensions of the King of France to Flanders, and the Four duchies and Signiories belonging to it.  
THese Claims were formerly very good, but they are now quiter out of doors. Francis I. having resigned and released 'em all by that famous Treaty of Madrid, which we have cited already many times, as being the most Important that has been concluded in many Ages, and that by which France renounced all her Pretensions to the Dominions of his Most catholic Majesty. We know well, that the French hold that Treaty to be voided, because King Francis was then a Prisoner when he concluded and signed it; grounding their Argument upon this Foundation in Law, Velle non creditur, qui detinetur: for which reason, so soon as he return'd into France, he protested against this Treaty in an Assembly of the States-General. But if this Maxim ought to be admitted, That Kings, when Prisoners, can make no Resignments of any Validity, 'tis in vain to Treat with 'em,( as Tacitus says very well:) It behoves the Victor to detain 'em in perpetual Imprisonment, to conquer their Dominions, absolutely to dispossess 'em; and of Sovereigns, that they were, to make 'em wretched Captives, in Imitation of the ancient Pagans. Or else, since there is no reaping any Advantage by taking Prisoners, we must make War without giving Quarter; and kill, without Mercy, all that fall into our Hands by the Chance of Arms: and then we shall see which is the best and most equitable Maxim; either that which authorizing the Alienations which a Prisoner makes to obtain his Liberty, restores, by that means, Peace and Union to his Dominions; or that which by abrogating and declaring 'em voided, authorizes their utter Subversion, and constrains the Victor to render his Victory odious to all human kind, by the Massacre and Butchery of the vanquished. But though upon those Principles the Treaty of Madrid should be counted invalid, the same cannot be said of those of Cambray, Crepy in clois, Chateau en Cambresis, and veruins, which were all made and concluded out of a pure Effect of the Frank and Free Will of the Princes contracting; which nevertheless confirmed that of Madrid, some in the Whole, and some in Part.   

New Pretences of the King of France in Right of the Deceased Queen his Wife, to the duchy of Brabant, Malines, Antwerp; the Upper Guelders, Namur, Limburg, Dalen, and other Places beyond the Meuse, Haynault, Artois, Cambray, Burgundy, and Luxemburg.  
AT length we are 〈◇〉 by degrees to the most Important Chapter of the Pretensions of the King of France. For if these are good and firm, there's no ●ccasion for turning over Authors, or rummaging old Records to search after Confutations of Ancient Claims, seeing that by virtue of New Ones, he shall reunite to his Crown not only the Sovereignty, but the Propriety of all the Dominions of his Most catholic Majesty. Nevertheless, in regard this Difference has already afforded Matter for several Volumes that have been written on Both sides upon this subject, we shall not undertake to handle it ex professo, only we shall lay down the Matter of Fact such as it is; after which, we shall Explain in few Words the State of the Question; without engaging in an Examination, which is usually attended with many Replies and rejoinders on both sides.  
Philip, Prince of Spain, who was afterwards the Fourth King of that Name, upon the 18th. of October, in the Year 1615. married the Princess Elizabeth of France, the Daughter of Henry the Great, who gave her in Dowry the sum of 500000 Crowns in Gold, and 50000 Crowns in Jewels. Besides this, Prince Philip, by way of Augmentation and Settlement, made an Addition of One hundred sixty six thousand, six hundred sixty six Crowns in Gold, making in all seven hundred and sixteen thousand, six hundred seventy six thousand Crowns in Gold, which by the Contract of Marriage were declared her own, to her and her Heirs.  
Elizabeth dyed the 16th. of October, 1644. and left two Children by that Wedlock, Don balthasar and Maria Teresa.  
Afterwards Philip marrying a second Wife, which was Maria and of Austria, had by her three Male Children, two of which died young, Charles the Third is still living, and at this Day reigning over the Estates of the deceased King his Father, as the presumptive and only Heir of the Crown.  
But Lewis XIV. having in the Year 1660: espoused the Princess Maria Teresa, pretended that she was Heiress, and that her Right was Prior to that of her Brother over all the Provinces which we have enumerated at the Beginning of this Chapter; and that, because of a certain Right of Devolution settled in those Countries by Custom. By virtue of which the Children became Proprietors of the Estates of their Father and Mother upon the Decease of either of the two, the survivor having no Right to sell or engage ' em. The Words of the Custom in Brabant upon this subject, are these: If a Man and a Woman have Children, and the one of them happens to die, by the separation of the Marriage the Propriety of the Fiefs descending in Right of the Longer Liver, passes to the Child or Children born of the same Marriage, and the Longer Liver has no more then a Usufructuary Right to the same Fiefs.  
The Custom of Malines also is more opposite to Fathers and Mothers then that of Brabant. For that runs after this manner, If the Husband or the Wife die, leaving Children, the Propriety of the Fiefs shall remain to the Children, and the Survivor of the married Couple shall only have the Moiety of the Ordinary Revenues, over and above the Extraordinary Profits and Casualty of the Patronage of the Fief.  
The Customs of Gueldres, Namur, Hainault, Artois and Cambray, are very little different from those which we have cited, and we grant that they concur all to one end, which is to prefer the Children of the first venture before those of the second in the Succession to Patrimonies, and to grant 'em the Propriety of 'em after the decease of one of the married Couple. The Custom of Burgundy differs in this, that it gives to all the Children Male or Female an Equal Portion of the Parents Estates; and that of Luxemburgh allows to the Males in the Partition a Proportion double to that of the Females. So that by virtue of these Customs a third part of Franche connte, and a Fourth part of Luxemburgh would belong to the Dauphin, in Right of his Mother.  
As for the duchy of Limburg, he demands it as a Dependence upon Brabant, the Custom of which Country makes for him; it being certain that according to his Laws, all the Low-Countries devolved to Don balthasar and Maria Teresa, after the Death of their Mother Elizabeth, and that by the Decease of Don balthasar which happened two Years after, Maria Teresa, his Presumptive Heiress, became seized of the whole Propriety of the said Countries, the Usufruit remaining only to Philip, who dying, ought to have left her the sole Lady and Patroness of All.  
Besides this, the Dauphin demands the Dowry, the Jewels and the Augmentation of the Princess Elizabeth, his Grandmother by the Mother's side; amounting as we have said, to the sum of 716666 Crowns in Gold, as also 500000 Crowns in Gold, granted to his Mother for her Dowry, making in all 1216666 Crowns in Gold; besides Arrears, which amount to a vast sum more.  
These are the Pretended Rights escheated to Monsieur the Dauphin, the Validity of which not being allowed in Spain, his Father began the War in 1667. and entering into Franche connte, seized upon Half of it in less then two Months. However it was restored by the Treaty of Aix la Chapella; but he retook it in the last War, since which time it could never be regained out of the Hands of the French.   

inquiries into the New Pretensions of the King of France in Right of his Wife, to the duchy of Brabant, Malines, Antwerp, &c.  
WE red that in former times the Sovereign Cities of Greece, that they might maintain Peace and Union among themselves, set up certain Judges, called Amphyctions, to whom they referred the Amicable Decision of all their Interests. 'Tis an unhappiness that the Princes at this Day either cannot, or else are unwilling to do the same Thing. We should not then behold whole Countries covered with Soldiers, the Country-man ruined and pillaged, the Citizens overwhelmed with Taxes and Impositions, the Nobility disabled from Supporting the Grandeur of their Condition, and all Europe in general groaning under Oppression and Misery. But what could such weak and impotent Judges do? for Princes have already a supreme Judge above 'em, whose dreadful Judgments they have reason continually to fear; yet for all that, they will be always making unjust Wars. What then, could Men be able to do that they have neither Force nor Strength to punish? It were rather therefore to be wished, that Princes would be Righteous Judges of their own Causes, do Justice one to another, act Sincerely among themselves, and Religiously and Piously observe the Treaties which they make, and forbear to make such diligent Scrutinies after Frivolous Pretences to break ' em. If the King of France had ever well relished these Maxims, and made choice of them for the Rule of his Conduct, he would never have set up these Pretensions to the Spanish Crown, after the Death of the King, who in all outward appearance is not like to have any Children, much less be liable to any such Forfeitures of his Rights in the Low-Countries. He cannot be said to have any shane or Moderation to go so palpably and so directly against a Treaty so solemn and so sacred as the Contract of his Marriage, within Five or Six Years after it was concluded. Let his Admirers say what they please, the King of France can never justify a Proceeding so unjust. Had not the Dispute been in his Reign, but that the Dauphin only had gone about to re-demand his Mother's Rights, it would not have been altogether so Strange. But for Him Himself who made the Agreements, who worded every Article so punctually as not to leave the least occasion for any doubt, and caused 'em to be ratified in all his Courts of Justice throughout his Kingdom, for him to retract from what he had agreed to, and relinquished, and to declare to all the World, that at the time when he treated and made his Concessions, that 'twas only with a design to stand to nothing of Treaty and Agreement, and to cheat his Father-in-law and his Uncle, is a Thing that would hardly be believed, were not the Sun itself a Witness of it. But that we may come close to the matter, it behoves us to let the Reader know, that the Question consists in two Principal Points. The first is, Whether the Infanta Maria Teresa were really and de facto Patroness and Lady of the Low-Countries, and whether the Right of Devolution were in Her: And the second, Whether the Renunciation which She and the King of France made, be of any force.  
'Tis a wonderful thing, that the French, who so loudly cry up the Union and Impossibility of dividing the Estates particularly in their own Right, yet would absolutely destroy the Right of Spain, by subjecting her King to the Local Customs of Countries that depend upon their Crown, as if the Sovereign of so spacious, so puissant and so August a Monarchy were obliged to be governed by the By-Laws of a thousand Petty Jurisdictions that are subject to it. For if they will not admit of Dependency in Custom, with respect of the Members to the Body of the Monarchy, no more is it to be admitted with respect of the Parts of the Members to the Whole, and by that means in two or three Generations, the most Potent Kingdoms will be divided into above a hundred Parcels. This, if you would believe 'em, would be the True way in a short time to make France the mistress of Europe, and of all the World, for that she would have the only Privilege never to be divided. Nothing is so unreasonable as this Proposal, nor does it deserve a Refutation. Nevertheless, that they may not ground any Pretence upon our Silence, we must say, That Customs are no other then a Usage established by particular Persons, with the Permission and Good Will of the Prince, and which in process of Time obtains the force of a Law among 'em; but not in regard of the Sovereign, to whom Subjects have no Right to prescribe Laws. So that when ever such Laws are reduced to a Settlement, 'tis always done by the princes Permission, and they have all along reserved their Sovereign Right and Authority. As is notoriously to be seen in that of louvain, wherein the King makes this Reservation, without Prejudice to the Kings Rights and Prerogatives: and in that of Brabant, wherein this Clause is inserted, without Prejudice to our Prerogative and Authority. 'Tis in vain then to urge these Customs, and to deduce from Them a Right to dismember the Dominions of the Most catholic King. The Crown of Spain has her Customs, whereby the Males are preferred before the Females in the Succession to the whole Monarchy, which is not to be divided. If they ask me for a Copy of this Custom; we answer, 'tis written upon the Back of the Original of the salic Law, and much clearer in History, which has confirmed this Truth beyond all Contradiction. Since then this Order has been always observed, why would they have the King of Spain to alter it now, in favour of the King of France. Is he so much beholding to him, that he should so liberally give him his Dominions, and alienate his Estates to advance the French Monarchy?  
The Injustice of the King of France's Pretensions, is so much the more visible by how much they appear to be ill concerted. For supposing, as he do's, that Princes ought to regulate themselves according to the Customs of the Countries to which they desire to succeed, why do's he demand the duchy of Limburg, Antwerp, brussels, the Country of Rien, the Territory of Turnhout, Hoockstraten, and Nivelle, the Customs of which Countries are directly opposite to him? And if he pretends, that all those Places being Dependencies upon the duchy of Brabant ought to follow the Customs of that duchy, why will he not that the same duchy, being a Dependence upon the Crown of Spain, should be inherited and held according to the Customs of Spain? This speaks itself without any need of a Commentary. But let us suppose for a minute, that the Succession to Philip IV. in Brabant, ought to have been regulated according to the particular Customs of that Country, in what History is it to be found that the Daughters of the first ●enter, or otherwise, were ever preferred before the Males in the Succession to that Dukedom: there is not so much as one single Example of it. This is then a New Law which the King of France would fain introduce into the Dominions of his catholic Majesty: but it is too unjust to be admitted. What Kingdom in the World was ever so regulated? We know very well that there are several wherein the Females are excluded from the Government; because that Sex indeed is rarely capable of supporting the burden of Affairs, but never were they preferred before the Males. This is to go directly against Sense and Reason, and to overturn the Order of Nature.  
Then let France surcease to urge her pretended Right of Devolution, and to impose upon the Brabanders, by going about to persuade 'em, that she only acts in the defence of her particular Laws and Customs. She only makes use of that Pretence to gain their Country, and would overturn 'em to preserve it. She upholds, as she pretends, this Right in their Favour: but her Intentions are afterwards to destroy it, to their ruin, by incorporating Brabant into her Crown for ever; and then we should see after what manner she would manage the Right of Devolution.  
To all that we have said, we must farther add, That we may stop the Mouths of the French, who at any rate would have it, that the Customs of Brabant should be observed, that this Devolution is not so indispensably observed, but that the Children may renounce it in favour of a second Marriage of their Father or Mother; which is a Thing that happens every day.  
Let us now proceed to the Second Point, which concerns the Renunciation made to the Crown of Spain by the K. of France and the Queen his Wife, in favour of Philip IV. by their Contract of Marriage. Never was Treaty more authentic, nor of greater Importance. The Grand Business of it was, to restore Union and a good Understanding between two Potentates that had been a long time at Variance; to put an end to a Cruel War which could not prove otherwise then fatal to one of the two Kingdoms, and perhaps to Both, to terminate the Disputes that were the occasion of it; and lastly, to lay the Foundations of a lasting and solid Peace, which by establishing a good Correspondence between the two Kingdoms, might settle 'em in Plenty and Tranquillity. And in regard that woeful Experience, together with the Different Interests of the two Princes, made both afraid, least instead of a Firm and Lasting Peace, it should only prove a Cessation of Arms to recover Breath, and gather Strength for new Vexations of each other, 'twas thought the Only Expedient to fortify and assure a long and durable Peace by a Matrimonial Alliance between the two Crowns. Thereupon a Match was proposed between the King of France and the Infanta Maria Teresa; but there was an Obstacle almost unsurmountable that lay in the way; the Law of Spain not permitting an Alienation of the Kingdom, nor that it should fall under the Dominion of a Stranger, which however might so fall out, if Lewis XIV. married the Infanta without Conditions. For in case that Charles II. died without Issue Male, Spain, of a Monarchy, as it was, would come to be a Province of France. Moreover, 'tis well known to all the World of what high Importance it is, not only to the Welfare of Spain, but of all Europe, to prevent the Conjunction of those two Kingdoms in one: which being considered and well understood by the two Kings, they resolved by consent to remove that Obstacle by an Express and authentic Renunciation to the Crown of Spain. After which, the Match was proposed to the Princess, who finding that instead of one Crown very uncertain whether it would descend to her or no, she should immediately enjoy another, and that by such an Act of self-denial, she should procure Peace to her Country, without ever hesitating, consented to the Renunciation which was desired of her. This is barely and really the true state of the Matter of Fact without welt or guard; and this Renunciation was the Chief End and Foundation of the Pyrenaean Treaty, without which, neither the Renunciation could have been made, nor could the Match have gone forward. It was then a public Treaty, in order to the Welfare and Tranquillity of two Kingdoms, and the Establishment of a Peace, of which the Marriage of the Infanta was as it were the Seal or Pledge. Nevertheless, the French would shake off this Renunciation by the rubrics of the Palace, as a Petty Bargain of Four Sous concern, between Private Persons. And upon this Principle they allege the Roman Law, the Constitutions of the Emperors, and the Sentiments of some Doctors, who condemn these sorts of Renunciations. But they vainly go about to make this Treaty pass for an Act Stricti juris, agreed between Private and public Persons, or of a Daughter to a Father. It was not only a Sincere Contract but a public Treaty, which concerned the public, and transacted with the public, in behalf of which, King Philip undertook to make a solemn Agreement. Otherwise we must say, that the Crown of Spain, the States depending upon it, and all Persons, of what quality or condition soever that compose it, are the King's peculiar and private Estate, which would make him a Tyrant instead of a Lawful Prince. Let us agree then, that the public Interest was the Chief subject of this Treaty, for the good of which the King and the Infanta his Daughter prudently and like Christians provided by means of an Act which secured Spain from falling under the Dominion of a Stranger to the prejudice and detriment of her Fundamental Laws and Liberty.  
This being laid down and granted for a certain. Truth, they must grant us another, which is no less clear nor less solid; That the Renunciation, the Contract of Marriage, and the Ratifications and Powers that preceded or followed it, cannot be subjected to the Wranglings of the Bar, nor to any written Law, but only to the Law of God, the Law of Nature and of Nations; from the Bottom of which, all these Acts have drawn their Constitution and their Substance. The Law of God authorizes 'em, for that by preventing and obviating those Wars, which of necessity would have ensued, if this Renunciation had not been the Foundation of those Acts, they would have prevented an Infinite Number of Robberies, Murders, Rapes, Blasphemies, Sacrileges, &c. which are inseparable from War. The Law of Nature supports 'em, seeing that by removing Strangers for ever from the Crown, it procures the Enjoyment of it to the real Princes of the Blood, and to those of the same Nation, and as we have said, prevents a world of Murders and Disorders of the same Nature. The Law of Nations not only approves 'em, but gives 'em all their Strength and Force, since it is the warrant for all public Acts that are made for the general Good of Society. Vainly therefore do the French attack with the rubrics of Bartholus, such sacred Treaties as these, which were the Unanimous Dictates of Nature, Piety and Affection for our Native Country.  
Not, but that if we designed to defend ourselves with the same Weapons which they make use of to attack us, we could not only ward off their Blows, but employ 'em offensively with Success. For every Thing speaks in defence of the Crown of Spain, the Canon and Civil Law, the Law both written and unwritten, and if they were silent, the very Stones would Speak in so Just a Cause. We city 'em therefore rather to stop their Mouths, then for any farther Support of a Right alreadly so sufficiently proved.  
'Tis true that the Roman Law and the Constitutions of the Emperors are expressly contrary to the Renunciations of Children; but when the main Dispute is about an Affair of so great Importance as this, it behoves us to penetrate to the very Bottom of the Laws, and without stoping at the Outward Rind, to examine the Reasons which induced those Legislators to frame their Decrees in that manner. That we may understand 'em then, it behoves us to observe that the Renunciations of Children to the Successions of their Fathers and Mothers, are of two sorts. The one in favour of a Father or Brothers, the other in favour of Strangers. As to the first, there was an absolute necessity of applying a Remedy to it, because the same Laws having granted to Fathers the Power of Life and Death over their Children, by that Constitution had put a means into their Hands to force 'em to whatever they thought fit to exact from ' em. And because it is usual to see Parents more particularly and more affectionately inclined to some of their Children then others, 'tis certain that many would have made use of their Sovereign Authority to force those for whom they had the least Kindness to relinquish their Titles for the benefit of their best beloved: and in regard the Law itself had been the Occasion of these Disorders, 'twas necessary to apply a Remedy to 'em, that so the Renunciations of Children in favour of their Parents might be of no Validity. Now in regard the Renunciation in question is of the same nature; and that the Part of that Law which gave occasion to the other, by granting to the Fathers an Absolute Power over the Lives of their Children is abolished, it follows that the other part which was Enacted in consequence of it, should be disannulled in like manner. It only then remains for us to know whether it were Effectually cancelled: but that Question will not admit of the least Scruple, seeing that the Customs of Brabant and Spain perfectly agree in that particular, the Renunciations of Daughters in favour of the Fathers commonly taking place, provided they be of Age and of sufficient discretion; and this for a farther Surplusage of Right was confirmed by the Decretal of Boniface VIII. which not being any new Constitution, but only an Explanation of the Civil Law has declared, That every Renunciation made upon Oath by a Daughter above 12 Years of Age, in favour of her Father in order to a Contract of Marriage, by which a sufficient Dowry is assigned her, ought to be good in Law, tho' she be then under the Jurisdiction of her Father. After a Decision so clear as this, we cannot but wonder that Men should be so Scrutinous after Subterfuges. For in short, all the Conditions required in the Bull, are to be met with in the Queen's Renunciation. She was of Age, for that instead of being above Twelve Years of Age, she was above Twenty: She had a Sufficient Dowry, seeing that neither the Kings of France nor Spain were wont to give more then she had: and besides all that, it cannot be said that she was any way injured by that Renunciation, in regard that by relinquishing the remote and uncertain Hopes of one Crown, she gained another immediately no less glorious and flourishing then her own in Expectation. Tis to no purpose then to allege the Estates that she lost, seeing she was a Gainer of others that were more Considerable, and that according to the Law, damno Vitando, & lucro Captando, there is no Injury done. But if the French, without any regard to Pope Boniface's Decretal, nor to the Customs of Spain and Brabant, nor to the Sentiments of the greatest part of their Doctors, will solely rely upon the Roman Law, let 'em then acquiesce in the last Will and Testament of Philip IV. by which he disposes of the Kingdom comformably to the Renunciation of the Infanta his Daughter. And the Right of Testatorship was so generally admitted among the Romans, and also held for so sacred, that there was not one, of which they had a more Religious Opinion in all their Pandects. If after all that we have said, they want Examples, we shall only produce five or six among a thousand that History affords us. Pharnaces, King of the Parthians, upon his Death-Bed, left his Crown to his Brother Mithridates, to the Exclusion of his Sons, because he did not think 'em capable of reigning after him. David for the like Reason excluded Adonias from the Throne, and gave it to Solomon his younger Son. Raboam did the same in favour of his Son Abdias: Don Jaimo, King of Arragon, substituted his Nephews in the room of his deceased Sons, to the Exclusion of his Daughters. Don Pedro III. and Don Pedro IV. did as much. Thus you see sufficient Proof of what concerns the King's last Will and Testament in respect of the Infanta's Renunciation. It is confirmed by a hundred Illustrious Examples. Charlemaign, the Eldest Son of Charles Martel, left the Kingdom to his Brother Pepin: John, King of armoniac to his Nephew; Queen Christina of Sweden did the same. And that we may not quit the House of Austria, Charles V. and Philip II. did they not abdicate after the same manner? But we perceive that these Examples will not satisfy 'em; they must have Renunciations the same in Fact, and in the same Case; and we have here two for ' em. Margaret, the Daughter of Charles II. King of Naples, was the Heiress of that Crown; nevertheless she renounced her Right, both for her self and her Heirs, by her Contract of Marriage with Charles of France, the Son of Philip the Bold, for all her Dowry, bringing no more to that Prince, then the Earldoms of Anjou and Main, which he enjoyed before; so that indeed she brought him nothing. But wherefore do we go so far a Field to search for that, which we may find in our own Age, and in the Families also of Bourbon and Austria. All the World knows, that when Lewis XIII. married Mary and, Sister to Philip III. that Princess, jointly with her Husband, renounced their Succession to the King of Spain, in the same Terms, and upon the same Conditions that his Niece and her Daughter-in-Law did afterwards. This is a thing publicly known; and seeing that at that time there was not a word said against that Renunciation, they have as little reason do do it at this day. The only doubt then, that can now remain in the Mind of our Readers not well instructed in this Affair, is to understand whether the Renunciations of the Infanta Maria Teresa, and King Lewis XIV. were really Exact, authentic, and no way subject to Explanation. For which Reason we have deemed it convenient, for their Satisfaction, to insert here the Contract of Marriage, at length; together with the Ratification of the King of France, and the most Essential Articles of the Queen's Renunciation; as also of the Last Will of Philip IV. not believing it necessary to pester this small Volume with the two last Acts entire, nor with the Orders for their being enregister'd in the parliament of Paris, the Chamber of Accounts, and Court of Aids, though they were there recorded with all the usual Formalities.   

The Contract of Marriage of the Most Christian King, Lewis XIV. of that Name, with the Infanta, D. Maria Theresa, the catholic King's Eldest Daughter.  
IN THE NAME OF THE MOST HOLY TRINITY, Father, Son, and Holy Ghost, Three Persons in One only True God, to his Honour and Glory, and for the Welfare of these Kingdoms, Be it known to all Men to whom these Present Letters, and this Agreement of Marriage shall come,— THAT whereas in the iceland called the iceland of Pheasants, situated in the River of Bidassoa, within Half a League of the Borough of Andage, a Province of Guyenne, and as much from the City of Enin, in the Province of Guipuscoa, and in the House which was built this Year in the said iceland, there to treat of Peace between Their Most Christian and catholic Majesties, this 7th. day of the Month of November, in the Year which is reckoned from the Birth of Jesus Christ, Our Lord and Redeemer, 1659. before Me, Pedro Colonna, Knight of the Order of St. Jago, Lord of the Cities of Chozaz, Cavales and Yundillers, of the Council for the Indies, Secretary of State, Scribe and Notary to his Royal catholic Majesty, have appeared the Most Eminent Lord, Cardinal Julius Mazarini, Cardinal of the Holy Roman Church, Duke of Mayenne, Chief of all the Councils of the Most High, Most Excellent, and Most Potent Prince, Lewis XIV. by the Grace of God, Most Christian King of France and Navarr, by virtue of the Power which he has from his Christian Majesty, Written in the French Language, signed with his Royal Hand, and sealed with his Royal Seal; Countersign'd by his Secretary of State, M. de Lomeny; Dated at Paris the 21st. Day of June, 1659. Which Power remains in my Hands, and of which the Copy shall be annexed to the End of these Presents, of the One Part; and of the Other, the Most Excellent Lord, Don Lewis Mendez de Haro and Gusman, Marquis of Carpio, Conde Duke d' Olivarez, Perpetual Governor of the Royal Palaces and Arsenal of sevill, Perpetual Grand Chancellor of the Indies, of the Council of State of his catholic Majesty, Grand Commendator of the Order of Alcantara, Gentleman of his said Majesty's Chamber, and his Grand Esquire; and in the Name of the Most High, Most Excellent and Most Potent Lord, Prince PHILIP IV. by the Grace of God also, King of Castille, Leon, Arragon, Both the Sycily's, Jerusalem, Portugal, Navarr, and the Indies, &c. Arch-Duke of Austria, Duke of Burgundy, Brabant, and Milan, Count of Hasburg, Flanders, and Titul, &c. And by virtue of a Power which he has from his catholic Majesty, by an Act signed with his Royal Hand, sealed with his Royal Seal, and Countersign'd by Don Fernand de Fonseca Ruez de Contreras, his Secretary of State; Given at Madrid, the 5th. Day of July, in the same Year. And whereas the King, Father and Lawful Guardian of the Most Serene Infanta, Dona MARIA THERESA, his Eldest Daughter; and of her Majesty, the deceased Queen ELIZABETH, his Lawful Spouse; And the said Lord Cardinal Mazarini, and Marquis Conde d' Olivarez, in the Name of his catholic Majesty, by virtue of their Powers before-mentioned, have said and declared, That their Masters, as the most Christian, and catholic King, who are earnestly intent upon the Good of their Kingdoms, and to confirm the Peace which is now established between the Two Crowns; desirous also that the Continuance of this Peace may extend not only to the End of Their Majesties Lives, but pass with the same Firmness to their Successors and Posterity; and deeming no Means more effectual to obtain this Holy End, then strictly to renew their Alliances by the Benefit of a Marriage, Their Majesties, with the Grace of God, and to his Service, have treated and accorded the Espousals and Marriage of his said Majesty, the Most Christian King, with the Most Serene Infanta, Dona MARIA THERESA, Eldest Daughter of his Majesty the catholic King, for the further confirming, by this New Knot, the Love, Amity and Union which is, and which they desire to preserve between their said Majesties. And to this effect, the said Lords Plenipotentiaries, in the Names afore-mention'd, have Treated and Agreed upon the ensuing Articles.  
THAT with the Grace and Blessing of God, a Dispensation being first obtained from his Holiness, by reason of the Proximity of Blood and Consanguinity which is between the Most Christian King and the Most Serene Infanta, they cause their Espousals and Marriage to be celebrated by present Promise, according to the Form and Solemnity prescribed by the Sacred Canons and Constitutions of the catholic, apostolic, and Roman Church; and the said Espousals and Marriage shall be made in the Court of his catholic Majesty, where he shall be with the Most Serene Infanta Dona Maria Theresa; and this by virtue of the Power and Commission of the Most Christian King, who shall ratify and consummate it in Person, when the Most Serene Infanta, Dona Maria Theresa, shall be carried into and arrive in France; his Majesty joining himself with her Highness, and receiving the Benedictions of the Church. And the Conclusion and Ratification of the said Marriage, whether by special Power or in Presence, shall be made, when and at the time concerted and agreed upon between Their Majesties.  
THAT his catholic Majesty promises and stands obliged to give, and shall give to the Most Serene Infanta, Dona MARIA THERESA, in Dowry, and in Favour of the Marriage with the Most Christian King of France, and pay to his Most Christian Majesty, or to the Person who shall have Power and Commission from him, the sum of Five hundred thousand Crowns in Gold, or their just Value in the City of Paris; and the said sum shall be paid in the following manner. The Third Part, at the time of the Consummation of the Marriage. The other Third, at the Year's End, after the Consummation; and the last Third Part, Six Months after. So that the full Payment of the said sum of Five hundred thousand Crowns in Gold, or their just Value, shall be made in Eighteen Months time, at the Terms, and according to the Proportions already specified.  
THAT his Most Christian Majesty obliges himself to settle, and shall settle a jointure to the Most Serene Infanta, Dona MARIA THERESA, upon good and secure Rents, and upon valuable Funds and Assignations to the Satisfaction of his catholic Majesty, or of the Persons whom he shall nominate for that purpose, proportionably, and as his said Majesty shall receive the said Five hundred thousand Crowns in Gold, or their just Value, within the Terms above-mentioned; and shall as speedily sand to his catholic Majesty the Acts of the said Assignation and Consignation of Rents. And in case of a Dissolution of the Marriage, and that of Right the Restitution of the Dowry takes place, it shall be restored to the Most Serene Infanta, or to the Person who shall have Power or Claim from her Highness, and during the time that the said Dowry shall remain unrestor'd, her Highness, or her Heirs and Successors, shall enjoy Revenues to the full Value of the said Five hundred thousand Pounds in Gold, at the Rate of the Twentieth Penny, which shall be paid by virtue of the said Assignations.  
THAT upon the full and effectual Payment of the said Five hundred thousand Crowns in Gold, or their just Value, to his Most Christian Majesty, at the Terms above specified, the Most Serene Infanta shall account herself satisfied, and shall be satisfied with the said Dowry; and shall content her self with the said Dowry, in such manner, that it shall not be in her Power, at any time afterwards, to start any other Right or Claim of hers, or to commence any other svit or Demands, upon Pretence that there belongs or may belong to her any other greater Estates, Rights, Reck'nings or Actions, by reason of larger Inheritances and Successions of their catholic Majesties, her Father and Mother, nor by any Wager of Law grounded upon their Persons, nor in any other manner, nor for any Cause or Claim whatever, whether she know it, or be ignorant of it; seeing that of whatever Quality and Condition the said Actions and Things above-mentioned are, she ought to stand excluded from ' em. And before the Accomplishment of the Espousals, she shall make a Renunciation in good and due Form, and with all the Assurances, Forms and Solemnities that are requisite and necessary. Which said Renunciation she shall make before her being married by present Promise, and which immediately after the Marriage, she shall approve and ratify jointly with the Most Christian King, with the same Forms and Solemnities which she made use of at her first Renunciation aforesaid; that is to say, with those Clauses as shall be judged most convenient and necessary. To the Performance and Accomplishment of which Renunciation, his Most Christian Majesty and her Highness, shall remain and do remain from this time forward as then obliged. And in case she shall not perform the said Renunciation and Ratification, by virtue of this Contract by Capitulation, the said agreed Renunciation and Ratification shall be held and adjudged, from this time forward, as then, for well and duly performed, passed and ordained. Which shall be done in the most authentic and most Effectual Form that may be, that so they may be Firm and Valid, together with all the Clauses derogating from the Derogatories of any Jurisdiction, Custom, Privileges and Constitutions contrary to this Act, or which may hinder, in whole or in part, the said Renunciations and Ratifications. From all which particular and derogatory Customs and Jurisdictions, for the more effectual Confirmation of the above-mentioned Renunciations and Ratification, their Most Christian and catholic Majesties shall derogate, and will from this present absolutely derogate. And for their Approbation and Ratification of this present Contract, from this time forth, as then it shall be understood, and is understood, that they have derogated from all those Exceptions above-mentioned.  
THAT for as much as their Most Christian and catholic Majesties are come and do come to conclude a Marriage, in order to the perpetuating and securing, by means of this Tie of Affection, the public Peace of Christendom, and between their Majesties, that Love and Amity which every Body hopes there is between 'em; as also in Consideration of the just and lawful Causes which demonstrate and persuade the Equality and Conveniency of the said Marriage; by means of which, and through the Favour and Grace of God, every Body may hope from these happy Proceedings, the great Benefit and increase of the Christian Faith and Religion, the Common Welfare and Prosperity of both Kingdoms, the Subjects and Vassals of both Crowns. As also, for what concerns and imports the Good of the republic, and the Preservation of the Two Crowns; which being so great and Puissant, they cannot be united into One, and that from henceforward the Occasions of such a Conjunction may be prevented; Therefore, considering the Quality of the Subject, and other just Reasons, more-specially that of Equality, which ought to be preserved, Their Majesties Agree and Ordain, by Contract, and Covenanted Compact between themselves, which shall issue forth and obtain the Place, Force and Vigour of a Firm and established Law forever, in Favour of their Kingdoms, and for the Common Welfare of Both, That the most Serene Infanta of Spain, Dona MARIA THERESA, and the Children begot of her Body, whether Male or Female, and their Posterity, First or Second, Third or Fourth Generation born after her, in what Degree soever they may be, that is to say, for ever, neither can succeed, nor may succeed to the Kingdoms, Estates, Signiories and Dominions which belong or shall belong to his catholic Majesty, and which are comprehended under the Titles and Qualities mentioned in this present Capitulation; nor to any of his other Kingdoms, Estates, Signiories, Provinces, adjacent Islands, Captainships, nor to the Frontiers which his catholic Majesty possesses at present, or which do or may belong to him, as well within as without the Kingdom of Spain; and which, for the future, his catholic Majesty, or his Successors, shall have or possess, or which shall belong to him or them, nor to any that are comprehended in these, or depend upon 'em; nor to any of those which hereafter, at any time whatever, may accrue to him, or which he may acquire or add to his said Kingdoms, Estates and Dominions, or which he may regain, or which may escheat to him by Devolution, or by any other Title, or Right, or Reason whatever, though it were during the Life of the said Most Serene Infanta, Dona MARY THERESA, or after her Death, in the Life-time of any of her Off-spring, First, Second, Third born, or further, whereby any Ground or Grounds in Law, by which either of Right, or by the Laws and Customs of the said Kingdoms, Estates or Dominions, or by the Disposals of Titles, by which they might succeed, or pretend to succeed to the said Kingdoms, Estates or Dominions, may be said to belong to them. From the succession in all which Cases, the said Dona MARIA THERESA says and declares her self to be from henceforward excluded, and to remain truly and lawfully excluded, together with all her Children and Posterity, Male or Female, though they would or could say or pretend, that in their Persons, neither the said Reasons of State, nor any others upon which the said Exclusion might be grounded, could be of force, or could or ought to be considered; or that they should allege,( which God forbid,) That the Succession of the catholic King, or his Most Serene Princes or Infants, and abundance of Males which he has, and may have for his Lawful Successors, were failed and extinct. Because that, as has already been said, in no case, nor at any time, nor in any manner that may happen, neither She nor They, their Heirs and Posterity, have any thing to do with the Succession, nor to pretend a Power to succeed in any of the said Kingdoms, States and Signiories. As also, notwithstanding all the Laws and Customs of the Crown of France, which to the Exclusion of the Successors to that Crown, oppose themselves to the above-mentioned Exclusion, as well at present, as for the Time to come, and to the Cases which would have a long time time delayed the said Successions. Upon which Considerations joined together, and every one in particular, their said Majesties abrogate whatever they contradict or impeach being contained in this Contract, and whatever may hinder the Accomplishment and Execution thereof. And that for the Approbation and Ratification of this present Capitulation, they derogate from all things prejudicial to it, and hold 'em as derogated from they also will and mean, that the Most Serene Infanta and her Posterity, shall for the future, and forever stand and remain Excluded from Succeeding at any time or in any case to the Estates of the Country of Flanders, the County of Burgundy and Charolois, their Appurtenances and Dependencies. In like manner they also declare most expressly, That in case the Most Serene Infanta happen to be a Widow( which God forbid) without Children by this Marriage, that she shall be free and discharged from this Exclusion, and declared a Person capable of her Rights, and may succeed to all that may belong to her, or Escheat to her in two Cases only; the one, if remaining a Widow of this Marriage without Children, she return into Spain. The other, if for reasons of State, for the public Good, and upon just Considerations, she mary again with the Good Will of her Father the catholic King or the Prince her Brother. In which two Cases she shall be capable to succeed and inherit.  
THAT the Most Serene Infanta, Dona Maria Theresa, before the Celebration of the Marriage by present Promise, shall give, promise and grant a Writing, by which she shall engage as well for her self as for her Heirs and Successors, to accomplish and perform all and every thing above written, in reference to her Exclusion, and that of her Posterity, and shall approve the whole, as it is contained in this Capitulation, with requisite and necessary Clauses and Oaths. And at the Inserting the above-mentioned Obligation and Ratification which her Highness shall have given and made to this present Capitulation, she shall make another of the same nature, and like this, jointly with the Most Christian King, so soon as she shall be espoused and Married, which shall be registered in the parliament of Paris according to the accustomed Form, with other Necessary Clauses. As also on the Part of his catholic Majesty, he shall approve and ratify the Renunciation in the accustomed Form and Force with other Necessary Clauses. And whether the said Renunciations, Ratifications and Approbations be made or not made; from hence forward by virtue of this present Capitulation and the Marriage which shall ensue, and in Consideration of all the Things above-mentioned, they shall be held and adjudged for well and duly made and consented to, and for past and registered in the parliament of Paris, by the Publication of the Peace in the Kingdom of France.  
THAT his Most Christian Majesty shall give to the Most Serene Infanta Dona Maria Theresa the value of 50000 Crowns in Gold in ●ewels, which together with all those that she shall carry along with her, shall belong to her without any Scruple, as being the Patrimony peculiar to her Highness, her Heirs and Successors, or to those who shall have her Right and Claim.  
THAT his Most Christian Majesty according to the Ancient and most Laudable Custom of the House of France, shall assign and appoint to her Highness the Infanta Dona Maria Theresa for her Jointure Twenty Thousand Crowns in Gold every Year, which shall be assigned upon Revenues and Lands where there shall be power of administering Justice, the Principal Place of which shall bear the Title of a duchy, and Successively every Year to the value of the said sum of 500000 Crowns in Gold● which Lands and Places so given and assigned, the said Most Serene Infanta shall enjoy in her own Hands, and of her own Authority, or of those of her Commissioners and Officers, and shall have Jurisdiction and Power of Justice, as has been always practised. Moreover to her shall belong the supplying of all vacant Offices as the Queens of France have been accustomed to have. Provided alway that the said Offices shall be given only to Natural French Men; as also the Administration and the Farms of the said Lands, comformably to the Laws and Customs of the said Kingdom of France. Of the which above-mentioned Assignation, the said Most Serene Infanta Dona Maria Theresa, shall enter into Possession, so soon as her Jointure shall take place, to enjoy during her Life, whether she abide in France, or retire to any Place out of France.  
THAT his Most Christian Majesty shall give and assign to the Most Serene Infanta Dona Maria Theresa, for the expense of her Chamber, and the Support of her State and household, a Convenient sum, such as is proper and suitable for the Wife and Daughter of two such Great and Potent Kings, assigning it in such Form and Manner as Assignations are usually made in France for such like expenses.  
THAT the Most Christian King, and the Most Serene Infanta Dona Maria Theresa, shall be espoused and married by a Proxy, whom the Most Christian King shall sand to the Most Serene Infanta, by present Promise. Which being done, his catholic Majesty shall cause her to be Conducted at his own expense and Charges to the Frontiers of the Kingdom of France, with that splendour and Equipage as shall be suitable to the Wife and Daughter of two such Great Kings; and with the same Magnificence she shall be received by the Most Christian King.  
THAT in case the Marriage should happen to be dissolved between his Most Christian Majesty, and the Most Serene Infanta, Dona Maria Theresa, and that her Highness survive his Most Christian Majesty; in that case she may return freely, and without any Impeachment into the Kingdom of Spain, and to the Places and Parts which she shall make Choice of more Convenient out of France, at all times, and as oft as she thinks fit with her Goods, Dowry and Jointure, Jewels and Apparel, Plate, and all her Other movables whatever, with the Officers and Servants of her household, without any Impeachment whatever, or stop of her Departure, directly or indirectly for any Cause whatever it be that may happen; nor shall she be hindered from the Enjoyment or Recovery of her said Dowry and Jointure, or other Assignations which shall or ought to have been given her. And to this purpose his Most Christian Majesty shall give his catholic Majesty for the said Most Serene Infanta Dona Maria Theresa his Daughter, such Letters of Security as shall be requisite, signed with his own Hand, and sealed with his Seal; and from that time forward as then, his Most Christian Majesty shall secure and Promise 'em for himself and the Kings his Successor, upon the Faith and Word of a King.  
This Treaty and Contract of Marriage was made with a design to supplicate our Holy Father the Pope, as at present their Majesties do su●plicate him, that he would be pleased to approve it, and give it his apostolic Benediction, as also to approve the Capitulations and Ratifications, that their Majesties and her Highness have made of it, and the Writings and Oaths which shall be made, and consented to for the Accomplishment of it, inserting them into his Letters of Approbation and Benediction; That their Most Christian and catholic Majesties will approve and ratify this present Capitulation, and every thing therein contained, shall promise and oblige themselves upon their Faith and Royal Word inviolably to observe and fulfil it, and shall to this Effect deliver their Brevets or Letters in the usual Form, with the Clauses abrogating any Laws, Jurisdictions or Customs which shall be contrary to this Contract, and which it is agreed that they shall be abrogated. Which before mentioned Brevets or Letters of Ratification of the Present Writing, shall be delivered by one to the other Reciprocally, within thirty days, to reckon from the Day and Date of these Presents by means of the ambassadors or Ministers that shall reside in their Most Christian and catholic Majesties Courts, with the Obligation and Credit of their Faith and Royal Words, which they shall Effectually perform and observe, and shall command to be fully observed and fulfilled, without any failure either in the whole or in part, and shall neither go nor come, nor consent to go or come in opposition to it, directly or indirectly, nor in any other fashion or manner. For thus the said Lords Plenipotentiaries have promised and stipulated by virtue of their Powers from their Majesties. At which were present on the Part of France, Messieurs, the Duke of Guise, Count d' Harcourt, Grand Esquire of France, and governor of Alsatia and Philipsburg; Marshal de Clerembaud, governor of Berry; the Duke of Crequi, first Gentleman of the Chamber to our said Lord the Most Christian King; Bailly de Sovre, Count d' Olonne; Marquis de Vardes, Captain of 100 Swissers of his said Majesty's Guard; Marquis de Soyecour, Master of his said Majesty's Wardrobe; De Lyonne, Minister of State; Courtin, one of the Masters of Requests of the Hostel of his said Majesty; D'Avaux, Master of Requests also in the said household; with several other Lords and Knights. And on the part of Spain, the Marquis of Mondejar, Gentleman of the Chamber to our said Lord the catholic King: the Duke of Mazara and Maqueda; Marquis of Balbazen, Captain General of the Gens d' Arms of the duchy of Milan; Doctor Don Joseph Gonsalez, of the Council and Chamber of his said Majesty, and President of the Exchequer; Dr. Don Francisco Ramos de Monsano, of his said Majesty's Council, in the Sovereignty of sevill; the Baron of Batteville, Don Rodrigo de Maurcia; and several other Lords and Knights. And the said Lords Contracting, have signed it with their Names and Hands, and required me to give 'em a Copy of this whole Capitulation, and of all those that are translated, which are requisite for ' em. signed Cardinal Mazarini, and Don Lewis Mendez de Haro. Done and passed before Me, Secretary above-mentioned, Scribe and Notary-Publick, the Year and Day above written. Pedro Colonna, in Testimony of the Truth; Pedro Colonna with a Flourish.   

The Ratification of his Most Christian Majesty.  
WE with the Advice of the Queen our thrice honoured Lady and Mother, and our most dear and most beloved only Brother the Duke of Anjou, several Princes, Dukes, Peers and Officers of our Crown, and other Great and Remarkable Personages of our Council, after we had caused the said Treaty to be red Word by Word, have agreed to it, approved and ratified, and do agree to it, approve and ratify it in all and every the Points and Articles, by these Presents signed with our Hand; promising upon the Faith and Word of a King, inviolably to fulfil, observe and hold, without ever going or coming in Opposition to it, directly or indirectly in any sort or manner whatever: abrogating to that End, as we do hereby abrogate all Laws, Customs and Disposals to the Contrary. For such is our Pleasure. In Witness whereof we have affixed our Seal to these Presents. Given at Tholouze the 24th. of November, in the Year of Grace, 1659. and 17th. of our Reign. signed, Lewis; and below, by the King Lomenie.   

An Abstract of the Act of Renunciation by the Queen of France.  
THe Lady Maria Theresa, Infanta of Both Spains, and by the Grace of God, Future Queen of France, Eldest Daughter of the Most High, Most Excellent, and Most Potent Prince Don Philip IV. by the same Grace, catholic King of Both Spains, my Lord, and of the Most High, Most Excellent and Potent Princess, the Lady Isabella, catholic Queen, who rests in Glory; By this Instrument and Act of Renunciation, and what is therein over and above contained, Be it notorious and manifest to those who have any knowledge of it in any manner whatever it be: That by the 2d. and 4th. Article of the Treaty of my Marriage, promised with the Most High, Most Excellent, and Most Potent Prince, Lewis XIV. Most Christian King of France, concluded in the iceland, called the Isle of Pheasants, in the River Bidassoa, within the Jurisdiction of the Province of Guipuscoa, and of these Kingdoms with that of France, the 7th. of November of the last Year, 1659. it was resolved and decreed, That the King my Lord, because, and in consideration of this Marriage, and to the end I should carry along with me my Dowry, and my own proper Goods, should promise that he would give me Five hundred thousand Crowns in Sun-Gold, which should be paid and delivered at the Place, and within the Terms specified in the said Article, to the Most Christian King, or to such Person as should have his Power, and that after that, I should Content myself and rest satisfied, and desist from All Claims and Actions which belonged or might belong to me, either at present or for the future, to the Estates and Inheritance of the Most Serene Queen, the Lady Isabella my Mother, and to the future Succession to the King my Lord, whom God have in his keeping, and to all that might belong or appertain to me, as the Daughter and Heiress of their catholic Majesties, and to their Right and Sovereignty, and to any other Title thought of, or not thought of, known or unknown, as well by the Paternal and Maternal Line, direct or Collateral, Mediate, or Immediate, and that being to solemnize the Marriage by present Promise, I must relinquish and renounce all my Rights and Actions to the King my Lord, or to the Person who shall represent him; and that it is his Majesty's Will and Pleasure, as is stipulated and declared more particularly by the said 2d. and 4th. Articles, which I have red and heard red several times, being to consent that this Act should be drawn up, and which I am willing should be here inserted and set down Letter for Letter, and Word for Word.  
Here follow the 2d. and 4th. Articles of the Contract of Marriage already repeated.  
See the 17th. Article of the last Will and Testament of Philip VI. King of Spain, which is in pursuance of the 4th. and 5th. Articles of the Contract of Marriage of the Infanta, which Philip had inserted in his Will.  
For the fulfilling of these Treaties, the Infanta Madam Maria my Daughter, passed that Renunciation under a Solemn Oath in the City of Fontarabie, June 2. 1660. Counter-sign'd by D. Ferdinand di Fonseca Ruiz de Contrera, our Secretary of State and Notary public of these Kingdoms; and although we hope that the said Infanta our Daughter, and the Most Christian King her Husband will fulfil and observe whatever is above-mentioned, and whatever is over and above contained in the said Treaty of Marriage, and in the Renunciation to be an Obligation of Justice and Conscience, nevertheless that we may by all the most direct ways secure the fulfilling of it in a Matter and in an Affair, wherein consists the Peace and Repose of all Christendom, behaving ourselves as we do in the quality of a Father, and natural Lord of all our Kingdoms, Estates and Demesnes, by virtue of that Sovereign Authority which we in all due Right possess, to dispose and for the Greatest Benefit of our Subjects and the common Cause, to provide for their Better Government, and to prevent the great damages that may ensue from a Conjunction of the two Crowns, and their Dependencies, of our own proper Motion, certain Knowledge, and Royal and absolute Power, of which it is our pleasure to make use, and which we do make use of, with a notorious and entire Assurance of the Example of our Predecessors, who have changed, disposed and altered the Order of the Succession of our Kingdoms and Dominions, by Excluding the Eldest Children and their Posterity, by reason and because of Treaties of Peace and Marriage; and for other Considerations us thereunto moving, we declare that the Most Serene Infanta Madam Maria Theresa, our Daughter, and the Children which she shall have by this Marriage, Male or Female and their Posterity, shall be, and shall remain Excluded; and forasmuch as through necessity we Exclude 'em from all Right or Hope which they shall or may have in any case whatever, that may happen to any of our Kingdoms, Estates and Dominions for ever and ever, as if they had never been born; We declare, that this Exclusion, and all that has been settled, and which we settle in Consideration of it, in the Person of the Infanta, Madam Maria Theresa our Daughter, and her Posterity by this Marriage, Male or Female, ought to be so observed; and for as much as there is a necessity for it, we Will and Command that it be observed, fulfilled and executed in the Person of the Most Serene Queen, Madam and our Sister, and her Posterity, in Conformity to her Treaty before Marriage and the Renunciation, and what his Majesty Don Philip III. our Lord and Father settled by his said Law, and by his Last Will above recited, concerted and accorded between the two Crowns; and we approve it upon the same Conditions, and with the same Force as Laws ought to have, that are granted and made among Sovereign Princes, using their absolute Power. And we revoke, annul, derogate and abrogate all and every Law and Laws, Rights, Settlements and Customs which may in any manner, whatever it were or may be, hinder this Exclusion, as if every one were expressed, that particular Mention were made of it, We also declare, That if it should so happen, which God forbid, that the Most Serene Infanta should come to be a Widow, without having any Issue by this Marriage, and that she should return into Spain, or for the Conveniency of the public Good, or upon Just Considerations, should mary again with our Consent, or of the Prince our Son, after our decease, We Ordain, and such is our Will and Pleasure, that neither the said Exclusion nor Renunciation, shall deprive her of any Thing, but that she and the Children of the second Wedlock, provided it be not in France, may be capable of succeeding in the said Kingdoms, Estates, &c.  
We might be justly blamed for loving to discourse to no purpose, if after Acts so authentic, and so plainly settled as these which we have recited, we should still heap Reasons upon Reasons to justify ' em. They speak of themselves, and they who will not understand 'em, would never harken to us, should we speak never so much. We shall therefore conclude this Chapter with one small Reflection upon the Boldness with which the French demand the Dowry of Isabella of France, and the Augmentation settled by Philip IV. together with the Interest since her Death, and that of Maria Theresa of Austria. As if it were not well known, that Philip IV. never received a Sous of his Wive's Dowry, but that he punctually paid his Sister's, and that France was a Debtor to him otherways above two Millions.   

Pretensions of the King of France to the Old Borough of Gand, with all its Dependencies to the City and Castellanship of aloft, the City of Gramont, Renaise, Ninove, Ridershoue, the Country of Beveren, the Farms of Assenede, Buckartwert, Eeterrugghes, Opdorp, Moorselle, St. Amant; the Country of Bertheim, the Lands of Floberg and Lessines.  
THe King of France has in some measure desisted from these last Pretensions, nevertheless, because it is the humour of his Council never to Renounce, but only to Surcease and Prorogue his Interests, whether true or false, and for that there is no question to be made, but that when an Opportunity serves, they will set 'em again on foot, we thought it convenient to place 'em in an Article that will conclude this Paragraph.  
There will be no Necessity of any Strict inquiries to discover the Right of the King of France's Claims, upon which he builds his Title and his Pretensions to unite the Countries to his Crown. For by his Declaration in August, 1681. the Writing which was drawn up by his Proctor, in the Assembly at Courtray, gives us an Explanation so clear and so just, as to the sense of the French, that it will suffice to insert an Extract of it in this place, Word for Word. Observe what it contains.  
His Most Christian Majesty's Proctor replying to the Defences exhibited by his catholic Majesty's Proctor, the first of this Month, against the Declaration by him delivered the 4th. of August last, says, That his Most Christian Majesty has made himself Master by Force of Arms, and by Right of Conquest, of all the Countries contained in the said Declaration.  
THAT his Most Christian Majesty has exercised all the Rights of Sovereignty, from March 1678. till the Conclusion of the Treaty of Nimeguen. That he has received the Oaths of Fidelity of the Nobles and Commonalty, and generally of the Inhabitants of all the Countries in dispute. That he has raised to his own Profit, the Aids, and generally all the Impositions, as well Ordinary as Extraordinary, and all the Feudal and Demesne Rights. That all the Ordinances which concern the General Civil Government, the Finances, &c. have been issued forth under his Authority. That Justice has been administered there under his Name. That he has Confiscated to his own Benefit several Places seated within the Extent of the Countries in dispute, belonging to the Subjects of his Most Christian Majesty, residing within the Territories under his Obedience. Lastly, That his Most Christian Majesty, from his Conquest till the Peace, exercised within these Countries all the Rights of Sovereignty which he enjoys in other Places, that from all Antiquity have been subject to his Jurisdiction, or which he had acquired beyond all Contradiction by Force of his Arms, during the Course of the War.  
After this, He fills up several Pages, to prove that during the Course of the War, the King of France has ruled in the Country as King and Sovereign, and says at length, That they are willing in Conformity to what his catholic Majesty's Proctor desires, to Stick to what was precisely Stipulated; and so 'tis for the King of Spain to make it out that there were any Covenants on his part, for the Restitution of the Castellanship of aloft, of the Old Borough of Gand, and other Places mentioned in the Declaration of the 4th. of August.  
For, says he, 'tis true, that seeing, as we believe it has been proved demonstratively, that the Most Christian King had legally acquired by Right of Wars, the Places in dispute, and that he has been truly in Possession, it is as certain that not having relinquished 'em by the Treaty of Nimeguen, but on the Contrary having declared by the Conditions of the Peace which he proposed, that his Intention was to retain all the Places and Countries of which he was in Possession, except what he was pleased to relinquish, his Most Christian Majesty intended to preserve what he demands at this day.   

inquiries into the Pretensions of the King of France to the Old Borough of Gand, and Castellandship of aloft, &c.  
THe Result of this Extract and of his Most Christian Majesty's Proctor, is in few Words, I have got Possession by Force of Arms; I have kept it during the War, by Force of Arms: And I resolve to keep it after the Peace. For in short, it is ridiculous to say, That because there is nothing Covenanted in particular about the Restitution of the Places, that therefore the King of France has a Right to preserve 'em, or rather to keep 'em by force. It being certain, that even in the most Violent Heat of the War, this Country which lies open on every side, and which cannot be called other then the Flat Country; was no otherwise in subjection to the French, then as usually are all those open Countries where the Enemy is at Liberty to range and exact Contributions; and that in all the Jurisdictions the Authority of the catholic King was acknowledged before that of the Most Christian; particularly at Gramont, Ninove, Lessines and Florbee, where Justice was always administered in his Name, and from whence they always appealed to brussels and Malines; so far were the Magistrates and the Nobility from Swearing Fidelity to the Most Christian King, as is pretended and asserted. But tho' it were so, what Title could be inferred from an unwilling Homage, paid by Subjects who are forced to obey, not with the dry Cudgel only over their Shoulders, but with the Naked Sword and Flaming Torch before their Doors?  
The Pretensions of the King of France, are not in this case supported so much as with the least Shadow of Dependencies, which he has rendered so ●amous within these few Years. He acknowledges that none of these Castellanships, Cities and Villages are under the Jurisdiction of the Cities that have been relinquished to him; nevertheless he has a long time persisted to demand 'em, and to pretend to 'em, for no other reason but because the Country which lies open on every side, has suffered during the whole War, the Vexations and Violences of his Soldiers, and for that on the other side, the King of Spain, who looked upon 'em as his Ancient Subjects, used 'em with the mildness of a Gentle Prince, and assisted and protected 'em as much as lay in his power.  
We forbear to be tedious upon this Article, as upon all the rest, it not being our Design, as we have said before at the beginning, to handle any of these Subjects, ex professo. Our purpose only is to give the Reader a short and faithful Abstract of the King of France's Claims to the Territories of the Confederate Princes, and of the Pretensions of the Confederates to what he asserts to be His, with the Reasons alleged on Both sides, without entering into a Discussion which has already been the Subject of whole Volumes.   

Pretensions of the King of France to the republic of Genoa.  
AFter the Fall of the Roman Empire, Liguria was annexed to the Kingdom of the Lombards, of which it was a Province till the Year 795. at what time charlemagne having defeated Didier, King of the Lombards, conquered the City of Genoa, as well as the rest of Italy, except Venice. He placed a governor there, whose Name was Ademar, and to render his Jurisdiction more Considerable, he added to it the iceland of Corsu, which belongs at this day to the Genoeses. From this Conquest it is, that the King of France derive his first Title to Genoa, as Successor to charlemagne, whose whole Monarchy he looks upon as his own.  
His Second Title is deduced from hence, that in the Year 1390. the Genoeses finding themselves hard pressed upon by the Venetians their usual Enemies, they had recourse to Charles VI. King of France, and put themselves under his Protection, to the end might he might give 'em that Assistance which they stood in need of. Upon which he sent his General Boncicaut with a Powerful Army, who beat the Venetians, and afterwards received the Homage of this City in the Name of Charles, his Master.  
This dependence upon the Crown of France, to which the Genoeses by a voluntary Act, submitted, that so they might be succoured against the Venetians, was confirmed and renewed in the Year 1458. For that fearing to fall under the Servitude of the Moors, or to be subdued by the Duke of Milan, they sent Peter Frogosa to Paris, to Charles VII. with a Request that he would once more take their City into his Protection, and succour 'em against their Enemies, and withal to promise in their Names, Fidelity and acknowledgement. Charles, who desired nothing so much, consented to their Submission, and sent John, Duke of Anjou, to receive their Oath of Fidelity.  
But in regard the Genoeses are extremely Turbulent, and Great Lovers of Change, they soon broken all their Engagements which they had made with France, and shaking off the French Yoke, expelled the Garrison, and pretended to be absolutely Free and Independent. But this lasted not long: For Philip Galeazzi, Duke of Milan, having declared himself against 'em, they found themselves within two Fingers breadth of utter ruin; which enforced 'em to sand once more their ambassadors to Lewis XI. And if I am not mistaken Frogosa and Grimaldi were the Commissioners, who protested to the King, That for the future they would be more Constant and Faithful in their Obedience. However, Lewis, who was well acquainted with their Humour, gave 'em but a very bad Reception at first, Come hither, said he, hold up your Hands and Swear, Are you entrusted by the Signiory, or no? Yes, Sir,( answered the ambassadors) the whole republic unanimously speak their Hearts and Minds by our Mouths, and promise to your Majesty Homage and Fidelity, provided you will vouchsafe to protect us against the Duke of Milan. You then belong to Me,( replied Lewis) and I freely bequeath ye to the Devil, for a Company of Traytors, that are always changing your Sovereign. Nevertheless, he received 'em afterwards, and to punish 'em, he invested in their duchy John Galeazzi, the Son of Philip, between whom and Them he had made an Accommodation, and because he was very young, his Mother Bona, duchess of Milan, did Homage and swear Fealty in his Behalf to Commissioners, whom Lewis sent for that Purpose, and to whom she paid Fifty Thousand Ducats for the Investiture, which was in the Year 1478.  
Charles VIII. his Son, in like manner, invested in it Lodowick Sforza in 1484. who did Homage for it in his own Person, Charles refusing a very Considerable sum, which Lodowick offered him, that he might be admitted to do it by a Proxy. But after his Death, the Genoeses revolted again, and with greater Fury then before. For they not only broken down the Arms of France that were set up in several parts of the City, but they cut the Throats of the Garrison; and erected a new Form of Government among themselves, from which they Excluded the Nobility with that Severity, that by a Law which they made, before they could be admitted to Dignities and Employ●●●ts, they were to prove their Peasantry, and their being Apprentices to some mechanic Trade; nor was the Duke excepted, to which Supremacy they advanced one Paul de la Noue, a Dyer. This Change, as well you may believe, was not without pernicious Consequences. There was a great deal of Blood spilled in the City by the different Factions that were in it, and much more when Lewis XII. came before it with all his Forces. The Siege lasted two Months, at the End of which, having taken the Town, he caused the New Duke to be hanged, and entered in at the Breach, in complete armor, with his Sword in his Hand, as if he had intended to have put all the Inhabitants to the Sword. However he met no Body in the Streets, for they were all fled into the Grand Piazza, where he found 'em in the greatest Terror and Consternation in the World. So soon as they beholded him, they threw themselves upon the Ground, crying out, Mercy, after so pitiful a manner, that the Victor was touched with Compassion, and pardoned ' em. Nevertheless, for their Punishment, he took from 'em their Privilege of Coining Money, and imposed a Governor upon ' em. This happened in the Year 1506. But whether it were their Natural Inconstancy, or that the French Dominion were so severe, that they who had not been accustomed to it, could not brook it, certain it is, that about 25 or 30 Years after that, they utterly expelled the French, and settled their Government upon new Foundations, as now it stands. For tho' the General had at first reduced 'em to Obedience, yet upon his departure for Naples, Andrew Doria, who had left the French Service, as not being recompensed to his mind, undertook to recover the Liberty of his Country; which he accomplished at last with the Assistance of the Emperor Maximilian, whom he caused the republic to aclowledge; and ever since that time it has been Free.   

inquiries into the Pretensions of the King of France to Genoa.  
CErtain it is, that Donations so often repeated, are to be accounted among the Justest Claims that can be urged. We have sufficiently proved it already, and therefore we conceive it not requisite to handle this Question over again. Only we must say, that these Donations have been practised in all Ages, and approved in Sacred Scripture, as may be seen in the Books of Exodus and Leviticus. 'Tis also true, that after a Solemn and Voluntary Donation, more-especially when it was attended with a Safe Protection, there is no withdrawing from it, without incurring the Crimes of Rebellion and Felony: but all this no way supports the Pretensions of France. Now to make a Solid judgement of the Matter, we must go back to the Spring Head, whether it were in the Power of the Genoeses to give themselves to the King of France. 'Tis Evident then that they could not. Seeing that from the time that they were conquered by charlemagne, they became Members of the Empire, from which they were never separated since, neither under the Reign of Lewis the Debonair, nor that of Lothaires, nor any other of the Emperors that reigned since them, to the Year 1324. at what time out of their Natural Inclination, they altered their Government, and made choice of a Particular Duke among themselves, who was Dominico Fregoza. Nevertheless, they did not absolutely separate from the Empire, but they pretended not to aclowledge it for the future, but under the Title of Protection: and because they could have been glad not to have held of it all, and yet were afraid of being outlawed, they thought they could not take a better Course, then to shrowd themselves under the Protection of France. This was their Policy in their first Insurrection. But in regard that as Members and Subjects of the Empire, they were obliged to keep themselves fixed to it, neither had they any Right to withdraw themselves from it. So that their Voluntary Donation, which had been very good and Equitable, had it been made by free People, can be looked upon as no other then an Attempt against the Emperor and the Empire, and a Manifest Rebellion, because they were Natural Subjects. For it signifies nothing for the French to say, That the Empire is a Dependence upon their Crown. For, First, the Proposition is absurd in itself, and then the Contrary visibly appears by the Partition which Lewis the Pious made among his Children, and the Arbitrary Sentence that confirmed it afterward. Which being laid down and acknowledged, who is there that does not readily perceive the Nullity of the French Sovereignty over the Genoeses; and that when at the Instigation of Andrea Doria, they expelled the French out of their Territories, they did but return and submit themselves to their Obedience under their Real Sovereign, who had always preserved his Rights, maugre their Rebellion, which was well acknowledged by all the World, that in the Year 1559. the Marquis of Final, who had been expelled by 'em out of his Dominions, cited 'em to appear before the Emperor that he might obtain Restitution, tho' they were then under the Protection of France; and because they refused to submit to the Sentence which he gave, he threatened 'em with the Imperial Outlawry, which had been Effectually done, had they not at length return'd to their Duty.   

Pretensions of the King of France to the Principality of piedmont, and County of Nice.  
'TIs above Twelve hundred entire Years since Savoy was the first time united to the Crown of France, Clouis having won it from Gondebard King of Burgundy, who had sided against him with Alarick, King of the Goths; in revenge of which, Clouis expelled him out of his Dominions, and reduced him to a Pension. But after his Death, he remained Lord and Master of it, in Right of his Wife Clotilda, the Daughter of Gondebaud, who died without Issue: and after that, it was never divided more from the House of France, tho' it had been given several times in Appannage, to the second and third Sons, till the Emperor, Charles the Bald, gave the Ancient Kingdom of Burgundy to Bozon, Count of Arles, to which he joined Savoy, under Fealty and Homage to the Empire, of which it has always been a Moving Fief since that time.  
This Kingdom of Arles subsisted no longer then under four or five Kings; the last of which, named Rudolphus, dying without Children, conrad, the salic Emperor, invested Humbert of Morienne, in the Earldom of Savoy, who was then Governor of it. Amedeus, his Son, succeeded him, and was the Head of the present House of Savoy, which is much more Ancient and Illustrious then Humberts, descended from the Duke of Saxony. However, France pretends that all these Investitures are of no Validity, for that the Empire ought to return by Inheritance to her Kings, after the Death of Charles the Gross, the last Emperor of the Carlovingian Race, from which it had been usurp d by conrad the salic; and by reason of a Particular Claim of the Crown of France to Savoy, which had been united and annexed to it long before the Empire was erected, and which by Consequence ought to be considered as one of her Proper Demesnes.  
To these Claims France adds a Third, which she derives in Right of lovise of Savoy, Mother of Francis I. the Daughter of Philip VII. Duke of Savoy, who marrying Margaret of Bourbon, covenanted by her Contract of Marriage, That the Children of that Wedlock should succeed, one after the other, to the Whole duchy. Now he had two Children, Philibert and lovise, who pretended to succeed to the duchy, after the Death of her Eldest Brother. But he had still two Male Children, besides Charles and the Duke of Nemours, who were the Off-spring of a Second Marriage of Philip, and who pretending by virtue of their Sex, that they were to be preferred in the Succession, Charles the Eldest made himself Master of the duchy, with the Consent of the States of the Country. However Francis I. after some Expostulations with Duke Charles, fell into Savoy with a Powerful Army, and having reduced it in a short time, marched into piedmont, which he subdued in like manner, as well as the County of Nice, and all in less then one Summer. In short, he utterly expelled the Duke out of his Dominions, not leaving him so much as a Foot of Ground, and kept 'em, he and Henry II. his Successor, for about Four and Twenty Years, that is to say, till the Peace of Chasteau de Cambresis, concluded in the Year 1559. by which King Henry relinquished to Spain above 400 Cities, and 198 Fortresses which had Garrisons in 'em, among which were all those of Savoy and piedmont, except Turin, Viniers, Villa Nova, Ast, Pignerol and Chevas, which were afterwards restored to the Duke by Charles IX. and Henry III. Nevertheless, because the French will not admit of Treaties to any Bounds to be their Pretensions, they still keep on Foot those Titles which anciently they had to the States of the Duke of Savoy.   

inquiries into the Pretensions of the King of France to the Territories of the Duke of Savoy.  
'TIs an Old rubric of the King of France, to pretend a Right to all the Conquests of charlemagne, as if the Imperial Crown, and that of France, had been one and the same Crown in his time inseparable and never to be divided; but if ever this Pretence were alleged to no purpose, questionless it is upon this Occasion, where the Dispute is about a Moving Fief, and which by all the most notorious Testimony of History, has all along held of the Empire, and which moreover fell by Succession to conrad the salic, so that he had a double Right when he gave the Investiture of this Earldom to Humbert of Morienne. Moreover the Dukes of Savoy have been always accounted Feudaries of the Empire, and it is also to the Emperors that they are beholding for the Greatest Lustre of their Dignity. For it was not only the Emperor conrad, who Erected Savoy into an Earldom, and gave it to Humbert; but it had never been a duchy, had it not been for the Good Pleasure of the Emperor Sigismond, who did it also at the same time that he was at Paris. So far was Lewis XI. as politic and quick-sighted as he was, from pretending to any Sovereignty over it. Assuredly in the Year 1514. the D. of Savoy took a new Investiture from the Empire, and caused the Title of Perpetual Vicar of the Empire to be renewed to him, which had been granted to his Predecessors in 1336. by the Emperor Charles IV. For tho' at the solicitation of Andrucius, Bishop of Geneva, and upon the Importunities of some Princes of the Empire, Maximilian revoked it, 1383. Nevertheless the knowing that was given him, is sufficient to make it appear that he held of the Empire only, as now he do's; the Title of Vicar of the Empire, being an Inferior Dignity, which of necessity requires Submission and Dependence.  
As for the Title of Francis I. by his Mother lovise of Savoy, there is so little Justice in it, that 'tis hardly worth the Taking Notice of it. For in short, where is that Law in the World, unless it be that of pretended Devolution, which ever preferred the Females of the First venture, before the Males of the Second, which would be the overturning of all Ordinary Successions. That Conquest then, to speak the thing as it was, may well be call●d a downright Usurpation, which Henry III. did like a Christian, to relinquish in favour of the Lawful Sovereign. And in regard the Treaty of Chasteau Cambresis was extremely Solemn and ratified by the General Estates, it cannot now in Justice be infringed.   

Pretensions of the King of France to lorraine.  
NOT to perplex ourselves with an Impertinent Scrutiny when and how lorraine came first to be annexed to the Crown of France, we shall only say, that all Histories testify that after the Death of Lewis the debonair, it fell to the share of his Son Lotharius, who was Emperor, and who gave it his Name, abrogating the Names of Austrasia and Mets, by which it was called before. But after the Death of Lothaire and his three Children, Charles the Bald got possession of it by Force of Arms, and kept it till Charles the Gross, being called to the Regency of the Kingdom of France, during the Minority of Charles the simplo, the General Estates restored to him lorraine, in Consequence of which, he caused himself to be crowned King of it at Mets, without the least Scruple. But tho' this Restitution were most just in itself, and so much the more valid and authentic, because the States of the Kingdom had both unanimously and willingly agreed to it, nevertheless Lewis d' Outremer, and Lothair his Son, pretended that this was no Legal Alienation, and did their Endeavours to conquer it; but the Emperors Arnold, conrad and Otho, guarded it so well, that the King of France could not set his Foot in it. However, because Otho had no mind to quarrel with Lothaire, he endeavoured an Accommodation of the Difference, by giving the Investiture of lorraine to Charles of France, his Brother, erecting it into a duchy holding of the Empire. Which was so far from satisfying Lothaire, that it did but exasperate him the more, and induced him to declare War against the New Duke of lorraine, wherein he was several times beaten. This War occasioned his Exclusion from the Crown of France, which fell to him by Inheritance after the Death of Lothaire. For the French afraid least when he came to be their King, he should recall to mind the Injuries they had done him, and seek his Revenge, declared him an Enemy of the State, and for ever uncapable to succeed, both himself and his Off-spring, Electing in his room Hugh Capet, the Son of Hugh, Count of Paris. From this Charles it is that all the Dukes of lorraine are descended even to this day; who have all along paid Fealty and Homage to the Emperors, as Princes and Guidons of the Empire.  
Besides this Ancient Title, the Kings of France pretend another, derived from René Duke of Anjou, Titular King of Naples, and Count of Provence. For the better understanding of which, we must inform the Reader, That John, Duke of lorraine, had Two Sons, Charles and Frederick, Charles, as Eldest, succeeded him to the duchy of lorraine, and espoused Margaret the Daughter of the Count Palatine, by whom he had One only Daughter, named Isabel, who was married to René Duke of Anjou. As for Frederick, he married Margaret de Vaudemont, by whom he had Male Issue, and among others, Anthony of lorraine, who had also a Son named René. After the Death of Charles, Anthony, as next Heir Male, seized upon the duchy, which René Duke of Anjou disputed with him, who pretended that his Wife was to be preferred in the Succession, as being the only Daughter of the deceased Duke; and not being able to agree, there happened a long War between 'em: to which, at last, an End was put by the Marriage of Yoland, the Daughter of René Duke of Anjou, with ferry, Son of the Duke of lorraine; and by the Contract of Marriage it was covenanted, That the duchy should be delivered into the Hands of René Duke of Anjou, during Life; and that after his Death, it should return to ferry, and the Heirs of the Body of Yoland. However, René, without any regard to his Promise, nor the Interests of his Daughter, by his Last Will and Testament, declared Charles du main, his Nephew, to be his Heir, not only to the duchy of lorraine, but to all the Kingdoms and Countries to which he had any Right. And in regard that afterwards Charles constituted Lewis XI. his Heir, the Kings of France have pretended that by virtue of these two Testaments, the Kingdom of Naples, and the Dukedom of lorraine, are devolved to their Crown.  
But notwithstanding this Devolution, lorraine remained under the real Dukes of it, till these latter Years; till the King of France having met with an Opportunity to improve his dormant Titles, and grounding his Pretence upon the Inconstancy and Levity of the last Duke Charles, despoiled him of his Territories, starting afresh Agreements made with him in the Years 1662. and 1663. By which the Duke made Lewis XIV. his Heir of the duchies of lorraine and bar, upon payment of a Pension of Seven hundred thousand Franks during Life, and Two hundred thousand liures more in Rents settled upon Land which had the Title of a duchy and Peerdom, with a Clause, That all the Princes of the House of lorraine should, for the time to come, be acknowledged Princes of the Blood of France, and capable of succeeding, for want of nearer Male Heirs.   

inquiries into the Pretensions of France to lorraine.  
'TIS never without an extreme Reluctancy that we mention these far fetched, lewd, superannuated Titles wherewith France provides her self; but we are forced to do it, because she her self puts such a Value upon ' em. But among all those which she produces, and which signify nothing, this is one of the slightest. Lotharius the Emperor had lorraine in the Partition of his Dividend; afterwards it fell to his Successors, and was not united to France, but by the Usurpation of Charles the Bald: which was so clearly acknowledged by the States of the Kingdom, that they thought it their Duty to restore it to Charles the Gross, as an Inheritance that belonged to him. Now what lawful Title can the King of France deduce from all this? Is Usurpation then a good Title, and Restitution of an ill got Estate a bad Title? For this is that which must be granted to authorize his Pretensions. It would be more reasonable to say, That the Crown of France belongs of Right to the Princes of lorraine, lawful Successors descending from Charles of France, the First Duke, who was unjustly excluded from the Crown by the States of the Kingdom, to advance in his room one Hugh Capet, the Founder of the present Race. However, in regard that long Possession authorizes 'em, and that far from exciting the Princes to a new War, we could hearty wish that it were in our Power to contribute toward a happy Conclusion of this which torments all Europe, we shall not examine whether that Exclusion were of any force or no?  
The Title which the King of France derives from René Duke of Anjou, is no better then the t'other. For who ever heard talk of acquiring Crowns in right of two or three unjust Testators, who bequeathed 'em to the Exclusion of the lawful Possessors. For in short, the duchy of lorraine being acknowledged to be a Fief of the Empire, was consequently Male, and ought to have return'd to Anthony of lorraine, the Son of Frederick. This is a thing not to be scrupl'd in the least. But suppose that lorraine were a Female Fief, and that René Duke of Anjou were the lawful Possessor of it, to the Exclusion of Frederick and his Heirs, in Right of his Wife Isabel, it naturally follows, that after the Death of his Wife Isabel, the duchy belonged to Yoland his Daughter, married to ferry of lorraine, and to her Successors; and that all the Last Wills and Testaments made to the contrary, were injurious and unjust, since they deprived the Lawful Heirs of the Diadem, to bequeath it to Strangers.  
As to the last of the King of France's Pretensions, which are grounded upon the Treaties concluded with the deceased Duke of lorraine, in 1662, and 1663. it may be said, That they are still less to be justified. He treated with a poor Prince, who was crazed in his Understanding, loose and wavering in his judgement, and who saw himself in the Power of a Potent Enemy, without any Forces to oppose him; and, lastly, who retracted six Months after from what he had promised. Which, if they were not good and sufficient Reasons, it must be allowed at least, that the King of France ought to have performed those Agreements which he had covenanted on his part, if he intended to oblige the Duke to perform the Treaty; and that since he did not fulfil his Covenants, the Treaty was effectually dissolved. Now, all the World knows that the Duke of lorraine never received a Sols; and that the King of France was so far from causing the Princes of that House to be acknowledged Princes of the Blood, that he ordered a Remonstrance to the contrary to be presented to him by the Princes and the parliament, who refused to register it; and that actually since that time, as before, the Princes of lorraine have enjoyed no Rank in France. He ought, in like manner, to stand to the Treaties of Munster, the Pyreneans, and particularly to that of Nimeghen; by which the entire Restitution of lorraine is promised, with the Sovereignty of Toul. Nevertheless, that Article was never yet performed; and the King of France has had the Cruelty to behold a Prince reduced to seek his Fortune among Strangers, without so much as ever minding the Restitution of his Country, which he still detains from him by Force of Arms.   

Pretensions of France to the Principality of Orange.  
THat City belonged formerly to the Kingdom of Burgundy, which Clouis united to his Crown after the Death of King Gondebault, his Brother-in-Law. But the Saracens afterwards making themselves Masters of it, kept it till toward the Year 800. At what time, St. William, Count of Tholouze, re-took it from 'em, and for that reason was invested in it by Charlemaign. From which Investiture it is that the King of France derives his Claim; as also, for that since that time it was annexed to the County of Provence, of which it held; and in regard he is at present the sole Possessor of that County, by virtue of the Wills and Testaments of René of Anjou, and Charles du main his Nephew, by consequence he pretends to be Sovereign of the City of Orange.  
Besides this, the duchess of Nemours sets up another Title also, upon a pretended Substitution of the House of Chalons; by virtue of which, she commenced a svit against the Prince some Years ago, and caused the Principality to be adjudged to her by a Decree of the parliament of Paris, which was neither set on foot, nor adjudged, but by the King's Order. However, the States-General of the United Provinces interposing in the Affair, and M. Heinsius, who was sent by the Prince, having clearly made out the Invalidity of the Dutchess's Demand, the King was enforced to surcease his Prosecution till the Beginning of this War; at what time he made himself Master of it, as he did of several other Places which he found unable to withstand him.   

inquiries into the Pretensions of the King of France to the Principality of Orange.  
'TIS true, that Orange was formerly a Part of the Kingdom of Burgundy; and that a long time after, charlemagne invested Count William in it. But that Investiture destroys the Claim of the French; it being certain, that as Emperor it was, that he erected this Fief, as well as all the rest, and not as King of France. This is a Truth that speaks itself, and yet there is no way to make the French understand it. They still return to their Old Assertion, That the Empire was united inseparably to the Crown of France, in the Person of charlemagne, and that therefore by consequence they have a Right of Sovereignty over all that holds of the Empire. Which we leave to the judgement of all unbiased Persons.  
But though this Point should be allowed 'em, they could reap but little Advantage from it, seing that René of Anjou sold, resigned, conveyed and made-over to Lewis of Chalons, Lord of Orange, all his Rights of Homage and Sovereignty which he had over that City, for Fifteen thousand liures, by a Treaty made in the Year 1470. which was afterward ratified and confirmed by Lewis XI. who gave Permission to William, the Son of Lewis, to style himself, By the Grace of God, Prince of Orange; to grant Pardons to Offenders; to Coin Gold and Silver Money; and in short, to exercise the full Extent of Sovereign Power over the City of Orange; as he really did, both he and his Posterity, till that Principality fell into the House of Nassau by the Marriage of Philip with elinor of Bourbon, by which it was in like manner enjoyed with all the Prerogatives of Sovereignty. But the King of France, for whose Ambition Europe is not spacious enough, could not brook such an Independency in the Middle of his Kingdom, which spurred him on to set up Madam Nemours, and her Chimerical Title, as a Pretence to seize upon the City, or at least to ascribe to himself the Sovereignty of it, by obliging the Prince to Relinquish his Sovereign Jurisdiction, as a Means to prevent the total Loss of it. And indeed, he has at length carved to his own Satisfaction, as having not only razed the Walls, but blown up the Tower which was one of the most Impregnable Places in all that Country. And one would think he had acquired a particular Right over that City, considering how terribly he has treated the Inhabitants of the Reformed Religion, especially the Ministers, whom he still detains in close Imprisonment, though he has released all the rest.   

The Pretensions of France to Avignon, and the County of Venissin.  
'TIS needless here to set forth, how the City of Avignon depended at the Beginning upon the Kingdom of Burgundy, and afterwards upon the Earldom of Provence; 'tis sufficient that the Kings of France have possessed the one by virtue of the other, upon the same Title they pretend at this day to the Sovereignty over it, at least.  
Joan III. Queen of Naples, sold the County of Avignon to Clement V. for Sixty thousand Florins; and this Donation was afterwards confirmed by St. Lewis, to terminate the Difference which he had with the Holy See, touching the Upper and Lower Languedoc; in which the Pope pretended to have a considerable Interest, as having been won from the Albigeois by the Arms of the Church, against whom she had sent a crusade under the Leading of the Count de Montfort. That War was remarkable for the Death of Five Kings that perished therein; and for the famous battle of Moret, wherein Don Pedro, King of Arragon, was slain. This battle was fought in the Year 1206. After which, the Count of Montfort being Master of the Country, committed most horrid murders and Massacres of those poor People who were so steadfast in their Religion, that without any hesitation, they flung themselves into the middle of the Flames with their Children in their Arms, rather then renounce their Faith; nevertheless all these Cruelties which they made use of against 'em, were not sufficient utterly to exterminate 'em; only they did not appear so numerous as before, till the Year 1534. at what time Calvin openly preached those Doctrines which the Reformed aver to be the same with those which the Albigeois professed. But to return to our Subject: The Pope believing that after those People were absolutely reduced, their Country belonged to Him, erected it into a Kingdom, and invested the Count de Monfort in it, under the Title of King of Occitania.  
The King of France, as in Justice he might do, opposed it, alleging that Gasconie and Languedoc●● had of a long time belonged to him, and that if his Subjects had rebell●d, and had embraced Erroneous Opinions in despite of his Commands, that was no sufficient Reason why he should lose his Provinces, anciently and lawfully annexed to his Crown. Nevertheless, because he was well enough acquainted with the Spirit of Rome, and for that he feared the Consequences of that Election, he wheedl'd off the Count of Mountfort, and to make him amends, advanced him to be Constable of France, and gave him the Governments of Poitou and Tourain; and as for the Pope, he pacified him likewise, by giving and resigning to him anew, the City of Avignon, together with the whole County, which was possessed by the Holy See already. Whether the King of France did well and politicly in granting so many Honours and Estates to the Count of Montfort, upon whom he ought to have looked as his Enemy, or at least as a Person very much to be suspected, we shall not go about to determine: for the Court of Rome was very Potent at that time. She excommunicated and deposed Kings for a Trifle; nor was there any Violence or Cruelty which she did not commit under pretence of Religion. This is the Nature of that Court, which will never alter: for tho' she be much fallen from that high degree of Grandeur and pvissance, yet her Genius and her Inclinations are still apparently to be discovered by the Dreadful Jurisdiction which she Exercises in her Tribunals of the Inquisition. The way which she took to make her self Mistress of the County of Venessin, is another Proof of the same Assertion. For the Count of St. Giles, who was Lord of it, being informed by the Complaints of a poor Widow, that the Curate refused to bury the Body of her Husband, because she had not ready Money to pay him upon the Nail, was so incensed at such a piece of Inhumanity, that to make him an Example, he commanded a deep Hole to be made in the Ground, and that the Curate should be butted alive, together with the dead Corps, which already began to be very noisome. The Pope, who at that time lay at Avignon, ordered the Count to be seized, Excommunicated him, and shut him up in a dark and close Dungeon, where he made him do Penance for several Years in pane Doloris, & aqua Augustiae. After which, he let him out to undergo the amend honourable, his Shirt hanging out, his Hands tied behind him, and bare Foot; thus he caused him to be led through the Streets in Procession, and whipped as he passed along: and all this done, he forced him to renounce his Right to all his Lands and Lordships, and then sent him to Prison again, there to end his miserable days, which were not many: for being exposed of a sudden to the Light, after a Tedious Imprisonment as it were in utter Darkness, besides the Severity of his Whipping, all this together with the Ignominy he had undergone, his Grief and Despair of ever enjoying his Liberty wrought such an Effect upon him, that he died in Twelve Days after; leaving to his Posterity a famous Example of the Barbarity of the Court of Rome.  
This Acquisition, as you see, was not only Unjust, but Tyrannical and Criminal; nevertheless because that by the Treaty of St. Lewis, the Holy See has been acknowledged Lawful Proprietor of Venessin, as well as of Avignon, we will not contest it with her, notwithstanding the usual Allegation of the French, That Lands united o●●● to their Crown, are never to be separated by Alienation or Prescription. Which is all the reflection we think requisite to make upon this Chapter.   

pretensions of France to the Exarchie of Ravenna, and the County of Pentapoli.  
AFter the Fall of the Roman Empire, the Lombards made themselves Masters of Italy, and settled a Kingdom in it, which lasted about Two hundred Years, during which time they so terribly oppressed the Popes, and held 'em in so great Subjection, that they were obliged to have frequent Recourse to the Protection of the Constantinopolitan Emperors, or the Kings of France. Among the rest, Pope Zachary called in King Pepin to his aid, about the Year 768. against Rachisus, Duke of Friuti, who was elected King of the Lombards, after the Death of Luitprand, And History reports, that Pepin, after he had passed the Mountains, went to Rome, where he was crowned King of France; after which, he marched against Rachisus, and being just ready to join battle, he made a Solemn Vow, and also caused Letters Patterns to be drawn up in due Form, to give the Exarchat of Ravenna, which contained Sixteen Cities, and the Country of Pentapolis that comprehended Thirteen, to the See of Rome. In performance of which, after the Defeat of Rachisus, he himself laid the Keys of all those Cities upon St. Peter's Altar, by that same Act to render his Donation so much the more authentic; reserving to himself of the whole Country nothing but the Sovereignty only. However, some time after, Didier, who succeeded Rachisus, having once more despoiled the Pope, charlemagne came as his Father, into Italy, of which he made himself sole Master, after the Defeat of Didier at the famous battle of Verseil, where he was taken Prisoner and sent into France. After this, charlemagne marched directly to Rome, where he was crowned Emperor, and confirmed to Pope Adrian the Donation which Pepin had made to his Predecessor of the Exarchie and the Country of Pentapolis. And upon these two Donations it is, that the Kings of France ground their Pretensions to the Ecclesiastical Estate; for which they have several times demanded Fealty and Homage of the Popes, who as they say, were net invested but upon that Condition.   

inquiries into the Pretensions of the King of France to the Ecclesiastical State.  
THere are many Kinds of Donations; but not to lose Time in unfolding 'em one after the other, we shall only say, that they may be generally reduced to two sorts. The one is without any Reserve or Restriction; so that he who gives, has no longer any Right or Claim to any acknowledgement, or otherwise for the Thing given, which becomes from that very moment the Propriety of him who receives and accepts it. These kinds of Donations were formerly forbid among the Corinthians, and some other People who looked upon 'em as unjust; but they were afterwards authorized by the Law of the Twelve Tables; and more particularly by the Law of Christianity, which recommends to all the World the Act of Giving, without any Expectation of recompense, but that of Well-Doing, according to the Precept of the Gospel, that it is better to Give then to Receive, more-especially to those who are in want. The Second sort of Donation properly concerns the Ufufructuary Enjoyment and Benefit only of the thing given; so that He who receives it, is after that bound to acknowledgement and Fealty to his Benefactor. All Fiefs in Capite held of the Crown, are of this Nature. Now the Question is, whether the Donations of Pepin and charlemagne are of this Second Nature. For in this case there is no contending with France for the Right of Sovereignty over the Exarchat and Pentapolis. But in regard the Originals of these Ancient Acts are lost, we are obliged to refer ourselves to History, which asserts nothing Positive as to this Matter of Fact. It only tells us, that after those Donations, the Popes had so great a Respect for the Emperors and Kings of France, that Pope Adrian being cited before Lewis the debonair, he made no Scruple to appear in order to the justifying himself. Sigonius also reports and assures us, That he had seen several Acts of Submission made by the Successors of Adrian to the same Louis the debonair, and Charles the Bald; which never could have been, had they not been looked upon as Vassals to the Crown of France, for the Countries given 'em by King Pepin. 'Tis true, that we might allege what has been said before of other Investitures granted by charlemagne, that he conferred 'em only as Emperor, and so, that the Ecclesiastical Estate ought to hold of the Empire, and not of France. But in regard we find that Pepin had made the Donation before charlemagne, and that the Latter did but confirm the Donation of the Former, that Reason would not be of any force. The only Reason therefore that can be alleged against the Pretensions of France in this case is, that they are absolutely prescribed and lost by virtue of a Possession of several Ages; besides, that it is of as great Importance for the Good and Repose of Europe, that the Pope should not be subject to any Prince, as it is of highest Moment that he should not usurp any Right or Authority over the Temporalities of Princes. The Reason is, because the Monarch of whom he held, whether Emperor or King of France, who are already but too potent, would then become more powerful still, by means of the Spiritual Power which they would then have at Command as well as their own Temporal. So that 'tis the Interest of the Christian Princes, not to suffer any Changes in that particular.   

Pretensions of the King of France to the County of Nice.  
THis County or Earldom, which is very large, was always united to the Earldom of Provence, of which it made one part, till the time of Joan, Queen of Naples, whom Charles de Duras put to death. And because after that, all her Dominions were dismembered, Charles having seized upon the Kingdom of Naples, and Lewis Duke of Anjou upon the Earldom of Provence, the Duke of Savoy, also made himself Master of Nice, which he might the more easily do, because the People of the Country Voluntarily surrendered themselves up to him. However, Renè of Anjou, the Son of Lewis, about the Year 1464. was very urgent with the Duke of Savoy, to deliver up Nice into his Hands, alleging, that it was an Ancient Dependence upon Provence, which all his Predecessors had enjoyed without any Contradiction, and successively, as appeared in Berenger, Charles, Robert and Joan: From whom he claimed his Right by virtue of an Adoption of his Grandfather by that Lady. Adding, that it signified nothing to allege the Voluntary Submission of the Inhabitants, who had no Right to withdraw themselves from their Obedience due to their Lawful Sovereign. These were Renè's Reasons at that time, upon which he undertook a War against the Duke of Savoy; and these are the Reasons which the King of France alleges to justify his Pretensions to the County of Nice.   

inquiries into the Pretensions of the King of France to the County of Nice.  
THe Duke of Savoy has reason sufficient to dispute the Adoption of Lewis. Joan was a Woman of a lewd Life, who had not power to dispose of her Estates; and so much the less, because that what she did was only out of Revenge against the King of Arragon, her really adopted Son, because he thwarted her in her Extravagancies, and condemned the Infamous Life she lead with Caraccio, as we have already set forth. So that altho' the way which the Duke of Savoy took to make himself Master of Nice, should be looked upon as a Piece of Usurpation, the King of Spain had reason only to have complained of it, and not the King of France, who himself held Provence but by a false Title, as we shall make out in a Chapter by itself. However, to justify the Duke of Savoy in reference to the King of France, we must needs say, that setting aside the dubious Conjuncture of Affairs after the Death of Queen Joan, who left behind her Titles very disputable to several Pretenders, at what time the Inhabitants of Nice might with justice enough, make use of the Opportunity to regain their Liberty, or else to surrender themselves into the Power of some other Sovereign, better able and nearer at Hand to protect 'em, I say, we must needs aver, that the Duke of Savoy has acquired a Title that the King of France cannot dispute against him, by the Treaty which Amedeus Duke of Savoy made with Yoland, Mother and Governess of Lewis III. by which Yoland acknowledging that Lewis her Son was indebted to the D. of Savoy, in the sum of a hundred and Sixty Thousand liures, which he was no way in a Condition to repay, she did therefore relinquish, convey, and make over to him the Sovereignty and Propriety of the County of Nice, with all its Dependencies; and in regard this Resignation was renewed by the Peace of Cambrai, and two other Treaties that follow it, and after that, also, by Hen. III. in his Passage through piedmont, when he return'd from Poland, 'tis Evident that the King of France has no Title to this County.   

Pretensions of the King of France to the duchy of Deux Ponts, Montbelliard, Strasburg and Casal.  
THere was never any thought of pretending to the duchy of Deux Ponts, nor to the Pincipality of Montbelliard, till after the Erecting of a Chamber of Justice at Metz. The Sieur Ravaux having found it out in his Papers, that both the one and the other were Fiefs held in Capite of the bishopric of Metz, notice was given of it to the King of Sweden and the Prince of Montbelliard, and upon their Refusal to pay Homage and Fealty, they were outed of their Possessions, more especially the Prince of Montbelliard; for as for the King of Sweden he never enjoyed his duchy. The King of France had taken care from the Beginning to make himself Master of it, under pretence of keeping it till the Difference between the King of Sweden and his Uncle Adolphus, was decided. For the first pretended to it as Heir to the King his Father, and the latter as nearest of Kin to the last Duke, and consequently Presumptive Heir. The King of France, who would have been glad to have had the King of Sweden for his Feudatary, made him an Offer of the duchy, provided he would do him Homage. But that Prince who has a Courage too haughty to stoop, and who began to disgust the Proceedings of France, positively declared, That he would never accept the Investiture of that duchy but from the Emperor, of whom the duchy really and truly held. So that the King of France being nettl'd with that Answer, gave it the Prince of Birkenfield, who having no Title to it, accepted it with Joy upon any Condition they were pleased to impose upon him.  
As for the City of Casal, in regard it was absolutely necessary for the King of France to be Master of it, to the end he might have a Door open into Italy whenever he desired it, there was nothing which he more eagerly desired, and he solicited the Duke of Mantua a long time to sell it into his Hands, or Exchange it for some Equivalent in the Heart of his Kingdom. But the Duke withstood his Temptations all along; for he well knew 'twas the way for him to incur the displeasure of the King of Spain, and of all the Princes of Italy. But at length, want of Money forced him to truckle, which the King of France gave him, and then he admitted a French Garrison into the Citadel, about Ten Years ago. Since which time, the French have held it; and because they have disbursed a sum of Money, they imagine they have a Right to it beyond all Contradiction.  
But if Casal were necessary for the King of France on Italy side, he had no less occasion for Strasburg on that side next to Germany. 'Tis a City that might easily have been made very strong, as since we have seen; and which moreover, being both large and wealthy, was able plentifully to supply the Necessities of the Army. In a word, it lay convenient for the King of France, and this Title, which his Council looked upon as sufficient and lawful enough, produced another, which at least might serve for a good pretention, and that was the new Title of Dependency. 'Twas therefore given out, that this was the Capital City of Alsatia, which having been relinquished to him by the Treaty of Munster, ought of consequence to belong to him: and upon this Foundation he besieged it in the midst of a secure Peace, and by means of a Correspondence which he held with certain treacherous Burgomasters, it was taken in three Weeks. The Emperor who could not choose but be extremely troubled at this Invasion, set forth his Reasons to the King of France by his ambassador. But his Answer was, That he very much wondered, that the Emperor should take it amiss that he employed his Arms in the reducing a Rebellious City, that for a long time had incurred his Indignation. And in regard he was already in Possession, and consequently in a Condition to justify his frivolous Reasons, and for that the Emperor had to deal with the Turk at the same time, there was no other way but patiently to swallow the Bitter Morsel.   

inquiries into the Pretensions of the King of France to the duchy of Deux Ponts, Montbelliard, Casal and Strasburg.  
THe Usurpation of the duchy of Deux Ponts is so manifest, that it would be loss of Time and Words to go about to prove it. The King of Sweden and the Duke his Uncle, are in dispute about the Succession to the deceased Duke of Deux Ponts; and the King of France seizes upon it under colour of Keeping it till the Difference be decided, to whom it belongs. Afterwards when they are agreed, he sets afoot certain Titles that were never so much as heard of before, and gives 'em to understand, that they had been all the while contending for the Bishops Rochet, according to the Proverb, and striving for that which was none of their own: then which there could be nothing more Unjust. Methinks I hear this Doctor of the Civil Law cry to the two Pleaders in the Select Fables, 'Twas a good Oyster, Gentlemen; go and live in Peace.  
There is a little more appearance of Equity in the taking of Casal: for when a Man purchases a thing and pays for it, 'tis naturally a good Acquisition. But after all, was it in the Power of the Duke of Mantua to sell it without the Emperor's Consent? For Casal is a Fief of the Empire, and by the Golden Bull, it could not change its Master, but by virtue of an Investiture, which the New Possessor is bound to obtain of the Emperor, but which the King of France was so far from demanding, that he declared, He thought himself too Great a Lord to hold of any one whatever, and that he knew well enough how to put himself into Possession without the help of any other Person. This is that which is called, pulling off the Mask, and he that will not confess it, must be wilfully Blind: especially considering after what manner he made himself Master of the City, which by the Covenants, was to have remained in the Hands of the Duke of Mantua, the Citadel only having been sold to the King of France.  
The Case of the City of Strasburgh is very near the same; for whatever the French allege, the Unjustice of their Proceedings is apparently to be discovered. The City of Strasburgh,( say they) is an Ancient Dependence of Alsatia, which could not be dismembered but by a bad Title; and which by the Right of Re-union, ought to return to the Whole, from whence it was separated. Which if it were so, how comes it to pass, that all the Cities of Europe have acknowledged it for a free City for above these Two hundred Years? And wherefore had the King of France his Ministers always residing there, till it was reduced? And why was he wont to Treat with her, which he was frequently wont to do, as with a State which had no Dependence in the World upon him? This Speaks itself; there needs no Commentary: wherefore we shall conclude this Chapter, and at the same time all that, we have to say to the Pretensions of the King of France, with a Verse of M. de la fountain extremely Suitable to his Conduct, The Reason of the Strongest always is the Best.    

THE Claims and Pretensions Of the Most Serene Confederates, TO FRANCE, and the conquered Countries. PARAGRAPH II.  

The Claims and Pretensions of the Emperor to France.  
BY the Partition of his Empire which Constantine the Great made to his Children, the West fell to the two Younger Sons, under the Title of the Western Empire; which subsisted in the Persons of the Successors till Augustulus, who lost it in the Fifth Age, to the Goths, Vandals and Lombards, who sacked and ruined every Corner of it, insomuch that it was absolutely dismembered; which occasioned the Rise of so many Petty States. For every Prince and every Government seizing upon a Fragment of this prodigious Wreck, some parceled out for themselves an Earldom, others a duchy: Some Cities also, taking their Advantage of the Revolution, regained their Liberty, and set up republics. But at length, after an Interval of about Three hundred Years, the Western Empire came to be established in the Person of charlemagne, who re-united under his Imperial Dominion, Germany, Italy and Spain, from whence he expelled the Moors. In the Year 800. he was crowned Emperor by Pope lo, to whom he gave the Exarchat of Ravenna, or rather, confirmed the former Donation of Pepin his Father. And two Years after, the Partition of the Two Empires was adjusted with Nicephorus, Emperor of the East; and the River Loranto, or Castiliano, was agreed to be the Bounds of Both Empires in Italy.  
Certain it is, that in this Third Re-establishment, or Foundation of the Third Empire, it was Hereditary; for that all Histories testify, That Lewis the debonair succeeded charlemagne, Lothaire Lewis, and so the rest, without the least Scruple or Contradiction, for a hundred Years and more together, while the Carlovingian Race reigned in Germany; till being Extinct by the Death of Charles the Gross, conrad Duke of Franconia was Elected Emperor by the Princes, Ecclesiastical Lords, and the Deputies of the Cities representing the People. The Cities also, and Lords of Italy, had a Determinative Voice at those Elections, as it is apparent by the Elections of Henry IV. Lothaire II. and conrad III. But after Frederick I. the Germans appropriated to themselves alone the Right of Electing the Emperors; and in process of time, it was contracted into the Hands of Seven great Officers of the Empire, which at this day are called Electors. It would be a difficult thing to affirm positively, when or how this was done: for if we may believe Cardinal Baronius, it was Pope Innocent IV. who instituted the Seven Electors in the First Council of Lion, in the Year 1245. But if we will refer ourselves to Thuanus and Textor, it was the Emperor Otho III. who created 'em, in the Year 1001. Or if we will follow the Opinion of the Abbot of Uspergh, this Constitution was concluded under the Reign of Frederick II. in an Assembly of the Princes. However it were, it is acknowledged by all the World, that Charles IV. confirmed this Custom of Electors by a famous Decree called the Golden Bull, by reason of the Seal of Gold that is affixed to it. It was made, red, and published in the Diet held at Norimberg, in the Month of January, 1356. and contains all the Regulations requisite for the Form and Ceremonies of Elections, and whatever concerns the Government of the Empire; which hitherto has been rigorously observed, without the least Innovation, only that the Number of Electors, which was no more then Seven at first, that is to say, Three Ecclesiastical, the Archbishops of Mayence, Treves, and Cologne; and Four Secular, the Duke of Saxony, Count Palatine, Marquis of brandenburg, and King of Bohemia; of latter Times there have been added Two more, the Duke of Bavaria, and the Duke of Hanover.  
But that we may return to the Emperor's Pretensions to France, we must say, That they are grounded upon the Partition made among the Children of Lewis the debonair. This Partition was regulated and ordered in his Life-time. However, after his Death, the Sons not satisfied with their Allotments, would needs try the Fortune of their Arms; insomuch that they waged War one against the other, with extraordinary Heat and Fury, till the terrible battle of Fontenay being fought, wherein there perished above a hundred thousand Men, the Three Princes found their Forces equally exhausted, and desiring nothing more then an Accommodation, by common Consent referred their Interests to the Pope, who confirmed the Partition which Lewis the debonair their Father had made; by which the Empire, with all the Territories on the other side of the Meuse and the Scheld, as far as the Rhine, where now lye the Provinces of the Low-Countries, Liege, Treves, Juliers, Luxemburgh, together with all the Country beyond the Saone, and the Rhine, where now lye Franche Conté, the Savoy, the Dauphinate, Provence; and in short, all Italy fell to Lothaire, who was the Eldest: Lewis II. had Germany and Hungary: and Charles the Bald, the Youngest of the Three, had France for his share, upon Condition, however, To hold of the Emperor Lothaire by Fealty and Homage as well as his Brother Lewis: and in case they happened to die without Issue, that their Dominions should be united to the Emperor: which happened in the Person of Lewis, surnamed the Germanic. Upon this Homage, agreed by Charles the Bald to his Brother, it is, that the Emperors ground their Pretensions to the Crown of France.   

inquiries into the Pretensions of the Emperor to France.  
WE have already set forth the Pretensions of France to the Empire; now you have heard the Pretensions of the Empire to France. The business is, how to reconcile such different Interests as these of which we have already spoken, and those of which we are now to discourse. Without doubt, it would prove a Matter of great Difficulty; so that we shall not undertake to prescribe the Means. We only set down Things as they are; and we set forth, in our inquiries, one part of the Reasons pro and con, without pretending to captivated the Sentiments of the Reader, who may dispose of his judgement as he pleases, which is a Right of his, that in Justice ought not to be anticipated. According to this Maxim then, we must assert, with the same Sincerity which we profess, That the Claims of the Empire, though they are of a fresher Date then those of France, yet are they not sufficient to authorize a just Molestation of the Most Christian Kings. We know likewise very well, that it is not above Two hundred Years ago, that an Emperor came into France, and that he was received at Paris with the Ceremonies that were anciently observed at Rome upon the Entries of the Emperors; for he was preceded, though at high Noon, with Two hundred Flambeaux of Virgins Wax; the Peers of the Kingdom were present, and all the Courts of Justice went to Harangue him. In the same Capital City also he exercised all the most Essential and Remarkable Acts of Sovereignty: for he took his Seat in the parliament, created Knights, and declared Count Amadeus Duke of Savoy, and Prince of the Empire. To this may be added, That in the Impartial Reign of the Carlovingian Race, France held of the Empire; and that after the Death of Charles the Gross, conrad caused Charles the simplo to aclowledge Fealty, and do him Homage. And lastly, That Charles VII. made no scruple to accept of the Title of Vicar of the Sacred Empire, which rendered him Inferior to the Emperor. But after all, these Reasons that were good at that time, cease to be so now. If they would have preserved 'em, they ought to have kept 'em up, and renewed 'em, from time to time, by Acts of Sovereignty, by Demands and Protestations, and not to have suffered 'em to lye dormant for above Two Ages: Prescription being sufficient to abrogate Claims and Titles, in their Original the best that ever were in the World.   

The Pretensions of the Empe●or to the City of Metz, Toul, verdon; and the Just Interests those Cities have in their own Liberty.  
THe Pretensions of the Emperor to these Three Cities, extend no further then only to the Sovereignty, and consequently are well grounded; because 'tis well known that they have all along been Fiefs immediately depending upon the Imperial Crown, as well as that of Liege, which is at this day a Member of the Empire.  
'Tis true, that in the Year 1090. when Godfrey of bovillon, Duke of lorraine, was preparing for his Expedition to the Holy Land, these Four Cities, which were his own by Right of Property, redeemed themselves out of his Hands. Metz gave him a hundred thousand Crowns, Liege a hundred and fifty thousand, Toul Fifty thousand, and verdon Thirty thousand. But besides that this Sale, by virtue of which they became republics, was so far from giving any Right to France, that it displays the Injustice of her Possession, it may be added, That Godfrey had no Right to sell, nor did he really sell any more then his own Property, without any Prejudice to the Sovereign Rights of the Imperial Crown. However it were, 'tis certain, that from that time, till the Year 1551, they continued Free and Imperial Cities, such as at this day are Ulm, Frankfort, and Norimberg, excepting the Authority of the Bishops in those Places, which was much like that which the Bishops of Liege and Munster enjoy in their Cities.  
This continued( as we have said) till the Year 1551. at what time they fell under the Obedience of the Kings of France. For the Emperor, Charles V. at that time most violently persecuted the Protestants of Germany; who thereupon called to their Assistance Henry II. as being the greatest Enemy Charles had, and the most able to defend ' em. Henry sent the Constable montmoremcy with a powerful Army, who would needs pass through Metz. Presently the Citizens, not dreaming of any Harm, opened their Gates, and let him in; and not only himself, but as many of the Soldiers as thought fit to enter. A Fault so much the more inexcusable, for that a Petty State ought always to be continually mistrustful of her Protectors, who generally seek Occasions only to make themselves absolute Masters of those that have recourse to 'em for Aid. This Truth, which all past Ages, and a thousand Experiences have rendered Famous, was either unknown to Them, or else they thought it not convenient to be so Prudent. They thought the King of France would have been so generous, as to grant 'em his Assistance gratis, and without any other Design but that of humbling Charles V. his Enemy: so that the Constable accomplished his Design with all the Easiness he could desire. He entered the City, and after he had got into it as many Officers and Soldiers as he thought convenient, he feigned himself sick, and sent for the Mayor and Sheriffs, telling 'em, That he desired 'em to be Witnesses to his Last Will and Testament, besides several other things of Importance which he had to reveal to ' em. But when they were met together in his Chamber, he started up of a sudden, and stabbed the Mayor with his Dagger to the Heart. The Signal being thus given, the Officers did the same to the Sheriffs; and then crying, The Town's our own, drew their Soldiers together in a moment, seized upon all the most considerable Places and Avenues, especially the two Gates at which they entered; so that neither the Burgesses, nor the small Garrison they had, were in a Condition to make any Resistance. Toul and verdon followed the Fate of Metz, the last of which Cities the King of France gave to the Cardinal of lorraine. However, after this, the Protestants of Germany would never confided in him more, but forsook both him and his Assistance altogether. So that Charles V. accomplished his Designs with Ease; and having defeated 'em, deposed the Duke of Saxony, and invested his Youngest Son in the Electoral Dignity. After which, puffed up with his Victory, he fate down before Metz with a powerful Army, and Six and forty Pieces of Cannon; but through the vigorous Resistance of the Duke of Guise, who Commanded in the Town, he was constrained to raise his Siege with considerable Loss. Since which time, these Cities have never been separated from the Crown of France.   

inquiries into the Pretensions of the Emperor to the Three Cities of Metz, Toul, and verdon, &c.  
THe bare rehearsal after what manner the King of France made himself Master of these Three Cities, is sufficient to make it evidently appear, that he holds 'em by no Just Title. 'Tis true, That from the time of Henry II. till the End of the Reign of Lewis XIII. they kept 'em only under the Colour of Protection; and all Litigious Controversies were removed to the Imperial Chamber of Spire. But about the Year 1633. Lewis XIII. believing that a Possession of about Seventy or Eighty Years, was enough to make him a just Proprietor, declared himself Sovereign Lord of 'em, and settled a parliament there, to which he subjected all the Country. His Reasons were, because that Henry II. had seized upon 'em as an Imperial Estate, being at War with the Emperor; since which time, the Restitution of 'em had not been stipulated in any Treaty. That the Rights of the Empire were so far vanished and lost on this side the Rhine, as if the Lands lay open to the First Occupant: thus Originally Holland and Switzerland held of the Empire though now they were acknowledged to be Sovereign States. To all this he added the Consent of the People, who had willingly exchanged his Protoction into Subjection to his Government. But notwithstanding all this, 'tis evident, that these Cities were usurped by manifest Violence and Treachery; and though the Consent of the People be alleged, they underwent this Alteration of their Condition as an Oppression: and we doubt not, but that enured as they are to French Dominion, they would be cordially glad of their former Liberty, might they have it restored ' em. However, were it not, but that on the contrary, the Citizens of Metz, Toul, and verdon, should protest a hundred times, that they desired to remain French, what is to be thence inferred against the Emperor? His Rights of Sovereignty remain entire, and the King of France is bound to swear Fealty, and do him Homage for the said Cities. This admits of no Contradiction.   

Pretensions of the Emperor to Provence, the Dauphinate, and Languedoc.  
NEither do these, any more then the former, extend any further then the Sovereignty. For which reason, without looking back to the Partition between the Children of Lewis the debonair, by which you will find that those Provinces fell to Lothaire, we must say, That since that time, they were a Part of the Kingdom of Burgundy, which held of the Empire; and that after the Death of the last King, being re-annex'd to the Body of the Empire, they were again alienated under the same Condition of Liege Fief, and Homages by Henry the Emperor, who erected the Earldom of Arles into a Kingdom, in favour of Count Bozon; which happened upon this Occasion. The Empress was accused of Adultery by the Prince of Anhalt, and the Count of Mansfeild. Bozon, who thought he knew her to be a virtuous Lady, could not brook so great a Calumny, and therefore resolved to defend her by Force of Arms, according to the Customs of those Times. Thereupon he went to the Emperor's Court, but incognito, and armed at all Points presented himself on Horse-back before the Gate of the Palace, and there fixed up a Challenge against those that accused the Empress of Unchastity, either to make good their Calumny, or fight him. Immediately the Emperor sent for the Prince of Anhalt, and the Count of Mansfeild, and ordered 'em to undertake the Combat: but they were both vanquished; and Boson having laid 'em sprawling upon the Ground, constrained 'em to confess the Truth. A Third also, who would maintain the two former to be Persons of Honour, had the same Destiny. Which done, Boson, thus Victorious, retreated, without so much as lifting up the Vizor of his Helmet, and return'd Home. But the Emperor, impatient to know him, caused him to be followed; and understanding who he was, sent ambassadors to him, on purpose to return him Thanks, and gave him a Part of the Ancient Kingdom of Burgundy, with the Title of King of Arles; of which he was King, both He and his Successors, for Four Generations, till the Race failing, the Kingdom return'd to the Empire, by Right of Reversion and Succession; the Emperor conrad II. who reigned at that time, being Brother-in-Law to Rodolphus the last King, who bequeathed him his Kingdom upon his Death-bed. By which means, the Empire acquired a Title to that Country; or rather corroborated the former: for all the Kings of France, of the Second Race, or of the Third Race after them, never pretended to it. After the Death of Rodolphus it was, that the Archbishop of Treves took upon him the Title of Chancellor of the Empire per Regum Aretense. At length in Process of time there were four particular Lordships or Signories erected in the Kingdom; that is to say▪ the Earldoms of Provence, the Dauphiny of Viennois, the Counts of Morienne, afterwards Dukes of Savoy, and the Counts of Burgundy, all holding of the Empire, as the Dukes of Savoy do at this day. As for Provence, it came to the Crown of France in 1482. by the last Will and Testament of Charles du main in favour of Lewis II. And the Dauphinate was given to Philip de clois, by Imbert Dauphin in 1343. upon Condition, that from thenceforward the First Son of France, and Presumptive Heir of the Crown, should take upon him the Title of Dauphin, and bear his Arms quartered with that of the Dauphinate.   

Enquiri●s into the Pretensions of the Emperor to Provence, Languedoc, and the Dauphinate.  
'TIS an Axiom in Law not to be contradicted, That no Possession can be enjoyed by a Better and Freer Title then that of Acquisition, unless there be a Franchisement by latter Agreements. If France had made any such Agreement with the Empire, there is some Probability of Reason for her Pretensions; tho' in truth it be not in the Power of any Emperor to alienate the Fiefs of the Empire, of which he is only the Protector and Usufructuary. But never was any Grant of that Nature made by the Emperors; so far from it, that they have always protested against it. Charles the First-also, entered Provence with an Army in the Year 1536. with a design to re-conquer those three Countries, or at least to enforce King Francis I. to do him Homage. But as for Provence, he pretended to the Propriety of it, because the Constable of Bourbon had convey d to him the Title which he had by virtue of the last Will and Testament of Anne of France, 
Bellay in his 12th. Book of his Works, says, That it was at the Instigation of the Chancellor du Prat, that Francis I. and the Queen his Mother, contested with him the Succession of Susan of Bourbon his Wife, tho' there were nothing more Equitable, and that the Constable mistrusting the Sincerity of his Judges, and fearing that if he lost his Suite, he should be sent a Begging, by the means of Adrian de Croy, Count of Rieux, sought to Treat with the Emperor, to whom he resigned his Right, and put himself into his Service.  his Mother-in-Law, in whose Favour Renè of Anjou had made a Particular Conveyance which destroyed that of Charles du Main his Nephew. All this added together, making that which is called in the Law Confusio, and not being rendered invalid by any Contrary Agreements, leaves the Empire an undeniable Title to those Provinces.   

The Pret nsion of the King of Spain to Alsatia.  
BEfore we come to the Particular Concerns of the House of Austria, it will not be amiss to give some short Account of the Original of it, and of the means by which it arrived at so High a pinnacle of Grandeur wherein it was in the Time of Charles V.  
The Generality of Historians are not agreed in their Opinions concerning the Original of the House of Austria, no more then in a great Number of other Revolutions as Memorable as that. But according to the Sentiments of Trithemius, Larius, Piesdorpuis, Munster, Thieri, Fierdorpius, and some others, it descends from the House of France, and takes its Rise from Sigebert, the Son of Theodebert, who at that time contending with his Brother Thieri for the Kingdom of Metz, was murdered by his Mother Brunehault, who not content to have embru'd her Hands in the Blood of her Son, persecuted her Children also, one of which she murdered and caused the other to fly the Kingdom, and to seek to the Emperor Lothaire his Kinsman for shelter. This was that same Sigebert who built the Castle of Habspurg, which the Emperor for his sake erected into an Earldom, and from whom descended all the Earls of that Name, till Rodolphus, who was elected Emperor in 1275. and who invested his Son Albert in the Dukedom of Austria, from whence he took the Title, which his Successors have continued ever since. This Emperor was Emperor after his Father; but when he died, the Empire devolved into another Family: Nor did it return to the House of Austria, till the Year 1438. under Albert the II. and since that to this very Day, it has all along continued in it. Upon the Death of Charles V. this House was divided into two Branches: To his Brother Ferdinand he left the Empire; and to Philip II. his Son, he gave Spain with all the Dependencies belonging to it. That Great Monarchy fell to his House by the Means of two Marriages. The first, was that of Maximilian, Charles the Fifth's Grandfather, with Maria, the Heiress of Burgundy, who brought him for her Dowry the Earldom of Burgundy, the Four duchies of the Low-Countries, viz. Brabant, Luxemburgh, Limburgh and Guelders, and the Earldoms of Hainault, Namur, Holland Zutphen, Malines, East Frise, Over Yssel and Groninghen. The Second, which was between the Arch-Duke, Philip, the Son of Maximilian, and Joan, the Daughter of Ferdinand, King of Arragon, and Heiress of Both Spains; that is to say, by her Father's side of Arragon, Catalogna, Roussillon, Valencia, Majorca, Minorca, Ivaca, Fromentire, Sardigna, Sicily, Naples, Grenada and Navarr; and by the Mother's side, of the two Castilles, Galicia, Leon, Asturia, biscay, Murcia, Cardova, Andalousia and Estremadura. To the Imperial Branch fell the Empire, with the Ancient Patrimony of Austria, the Kingdoms of Hungary and Bohemia, which Ferdinand acquired by the Marriage of and, the Daughter of Lewis, the last King of Hungary. And thus, in few Words, it was that the House of Austria raised itself, and obtained those Titles, by virtue of which it Enjoys so many Kingdoms and Provinces, which no Body can dispute with the Imperial Family, without manifesting at the same time a Turbulent Spirit of Contention, and an apparent Thirst after Other Mens Possessions.  
But that we may return to the Pretensions of the King of Spain to Alsatia, we must assert, That they are grounded upon the same Titles that acquired him the Possession of the Low-Countries; that is to say, upon the Marriage of Maximilian of Austria with Mary of Burgundy; and more particularly upon. This, that Alsatia really depended upon Austria, as being annexed and united to it by the Emperor Sigismond, who gave it to the Dukes of Austria, who all along enjoyed it without any Molestation, till such time as the Emperor Frederick, wanting Money to carry on his War against the Turks, mortgaged it to Charles the last Duke of Burgundy. But he being slain before Nanci, and leaving no other Heirs but Mary his Daughter, 'tis Evident that that same Province was to be return'd to Maximilian her Husband, to whom it belonged by a double Right.   

inquiries into the Pretensions of the King of Spain to Alsatia.  
THe Rights of the King of Spain to Alsatia, are so plainly made out by what we have already set forth, that there is no need of any Argumentations to make 'em more Evident. Nor is there any other Reason which the French can allege to the Contrary, then the Resignation of it made to the King of France by the Treaty of Munster, and afterwards by that of the Pyrenaeans. But in regard that in the same Article, he was obliged to pay to the archdukes of Inspruck, by way of Satisfaction, the sum of Three Millions, which was never yet paid, the Treaty is become voided, and serves only to confirm and verify the Right of the King of Spain, which was tacitly acknowledged by that Agreement; so that his catholic Majesty has still just Reason to demand of France the Restitution of it.   

pretensions of the King of Spain to the duchy of Burgundy.  
AFter the Death of Charles, the last Duke of Burgundy, surnamed The Bold, all his Territories, as we have already declared, descended to his Daughter Mary; but because she was very young when she came to the Succession, and for that Maximilian her Husband was otherwise employed, Lewis XI. of France laid hold of the Opportunity, and fishing in troubled Waters, seized upon several Places within the Territories of Burgundy, and particularly of the duchy, alleging, That it was an Appenage belonging to the House of France, wherein the Right of Female Succession was not to be admitted, and which by Consequence was to return to the Crown, for which he urged the salic and Fundamental Law of France, that excludes all Females from the Sovereignty. Maximilian on the other side maintained, That that same Law was no more then a Chimera invented by the Kings of France, to justify their Seizing upon every Thing that lay for their Convenience, and claimed that duchy as the proper Inheritance of his Wife. And for the Preservation of his Right which he was not in a Condition to defend by the Sword, he took the Golden Fleece for his Order, and charged his Escotcheon with St. Andrew's across, as his Successors do also at this Day, who take upon 'em likewise the Title of Dukes of Burgundy.   

inquiries into the Pretensions of the King of Spain to the duchy of Burgundy.  
'TIs sufficiently known, that Maximilian was Lawful Heir to the Territories of the Duke of Burgundy, excepting the duchy which remained in dispute. The sole Question then is, Whether it were really a Masculine Fief or no? This is that which was very much disputed at the Treaty of Madrid, and which it will be a difficult Thing to decide. Not but that we know very well, that from Meroveus till Philip of clois, the Masculine Title was not admitted in Apanages, as is to be seen in the Houses of Dreux, Vermandois and Courtenay, which extinguished in the Females, and were translated into Strange Families; and to which, had there been any Occasion for it, there would have been as little regard had in the Royal Succession: but because this last House of Burgundy was set up since Philip who established that Custom, they will have it therefore to be subjected to it. Nevertheless, if we may be permitted to speak our Sentiments, we believe with the Spaniards, that the duchy of Burgundy is a Masculine Fief for two Reasons. First, because that in the dead of Gift which King John made of Burgundy to his Fourth Son, Philip the Bold, there is no mention at all made of its reverting to the Crown, for want of Males, nor of any Exclusion of the Females, which however had been an Essential thing, had there been a Design to have settled it in that manner. The Second Reason is, because it may be said that King John himself held it in Right of his Mother Joan, the Daughter of Robert II. Duke of Burgundy. To which we may add the Resignation of Francis I. to Charles V. by the Treaty of Madrid, wherein he promises to restore it within Six Weeks after his Releasement, with all that Charles the Bold held at the time of his Death, and this in absolute Sovereignty, and without any Reserve; and if the said Restitution were not made, the King of France obliges himself to become his Prisoner again. These are Words extracted out of the Third Article of the Treaty, from which the Kings of Spain have never derogated since, but on the Contrary, have since that, asserted their Rights afresh in the Treaties of Cambray and Crepy.   

Pretensions of the King of Spain to Franche Conté.  
THey are so just and so clear, that the Kings of France never raised any Dispute against ' em. This was the First who ever laid any Claim to it, or ever pretended that this Province belonged to him by Right of Devolution, of which we have already spoken in the Chapter concerning the Queen's Titles; wherein because we have set forth the Reasons that destroy the King of France's Pretensions, we refer the Reader to the same Chapter, rather then put ourselves to the Trouble of repeating the same Thing over again. 'Tis sufficient to say that if the Devolution be choir out of doors, and the Queen's Renunciation of any Validity, the King of France had no Right to seize upon Franche Conté; and therefore the Title of the King of Spain remains in full Force and Vigour.   

Pretensions of the King of Spain to Bretaign.  
IN the Reign of Charles VIII. King of France, there were two very Great and Wealthy Heiresses to be married; Margaret of Austria, the Daughter of Mary of Burgundy, and the other and of Bretaign. The Marriage of Charles with Margaret was concluded, tho' not Consummated: but finding that Maximilian was about to mary and of Bretaign, by whom he should have in Dowry that Spacious Province, he broken off his First Match with the Heiress of the Low-Countries, to mary and of Bretaign. Now because the Territories of that Princess held of Burgundy by Fealty and Homage, the King of Spain pretended that the King of France was become his Feudatary for that Province. But in regard that besides the Sovereignty, other Great Interests in the Property itself fell to the Kings of France, the Reader is to understand, that after the Death of Charles VIII. and of Bretaign was married to Lewis the XII. by whom he had two Daughters, Claudia and Renee. Claudia was married to Francis I. and from that Marriage descended Henry II. who was the Father of Five Children, Elizabeth, Francis II. Charles IX. Henry III. and Francis Duke of alencon. These four Princes died without Children. So that after the Death of Hen. III. in the Year 1589. the Male Race of the clois extinguishing, the Crown fell to the House of Bourbon, in the Person of the King of Navarr. On the other side, Philip the II. who had married Elizabeth, with great Importunity solicited the General Estates in behalf of his Daughter Isabel, who as he pretended was Heir to the Crown, or at least to all the Female Fiefs, and particularly to the duchy of Bretaign, which was the Patrimony of her Grandmother and of Bretaign, and was not to be disputed against him, without extreme Injustice. But notwithstanding all that he could say or do, that Province was not to be alienated from the Crown. Nevertheless the King of Spain's Interest still holds good; and so far have the Kings of Spain been from acknowledging any thing to the Contrary, that they have always renewed their Claims by Treaties, and other public Acts; of which the most Signal was that of Blois, in the Year 1584. by which Lewis the XII. promised, That in case he died without Male Issue, the duchies of Milan, Burgundy, Bretaign, together with the Signiories of Genoa, and Blois, should descend to the Duke of Luxemburgh, the Son of Arch-Duke Philip, in consideration of his Marriage with Claudia of France, his Daughter; which however was not performed: but by the breaking off that Marriage, a New Right fell to the King of Spain, because that by the Contract it was covenanted, That if the rapture happened to be on the King of France's part, all the forementioned Territories should fall to the Duke of Luxemburgh; as also, that if there were a failure on the Emperor's, or the archdukes side, they should Renounce all their Titles and Pretensions to the said Dominions. Now this Marriage failed on the King of France's part, seeing that he caused a Petition to be presented to him in the Name of the General Estates in 1506. by which he was requested not to accomplish that Match, but rather to give his Daughter to the Duke of clois, as he had resolved to do before.   

inquiries into the Pretensions of the King of Spain to the duchy of Bretaign.  
'TIs beyond all controversy, that Elizabeth of France, the Wife of Philip II. King of Spain, was Presumptive Heir to her Grandmother and of Bretaign, and to have been preferred before Henry of Bourbon, who came to the Crown by a Collateral Title only. But because the salic Law is a Barrier which the French always set up in Opposition to those that lay claim to any of their Provinces, 'tis good to examine whether that Reason be of any Force, and sufficient to Exclude a Foreign Prince, to the depriving him of his Lawful Rights.  
We have already declared, and we assert it once more, since our Subject leads us to it, That there is nothing more uncertain then the Commencement of that Law, nothing more Scarce to be found then the Original draft, or any ancient Copies of it, nor any thing so little known as what it contained. And it is most certain, that till the Time of Philip clois, it was never so much as talked of; Nor does it signify any thing to allege, that it was never known in France that the Daughters succeeded to the Crown; for indeed an Opportunity never presented itself: and if we may judge of that Article by the Author, 'tis most certain that it would be judged to be Apocryphal, for that nothing is so common in the History of France, as the Examples of Kings who have alienated and dismembered their Dominions: witness Clovis the First, Lewis the Debonair, and almost all the rest that succeeded. Nevertheless, supposing that these two Articles were not invented and foisted in above Four Ages since, as many People believe, but that they were really a Part of the salic Law, it must be always agreed, that they can be no Laws but within the Extent of the Territories that composed the Ancient Kingdom of France, and not in so many other Lovely Dominions as are fallen to it since, with their Privileges and Immunities. We must then take notice before all things, that this Vast Dominion of France is distinguished into Four Sorts of Countries; Countries of Favour, Countries of Estates, Countries of Conquest, and Countries of pretention. Countries of Favour are the Ancient Patrimony of the Kings of France, and which may be comprehended within the Terms of the salic Lands, containing Anjou, main, the iceland of France, Tourain, Picardy, Beausse, and Champaign. The Countries of Estates, are they which have been annexed to the Crown by Marriages, Wills, and Voluntary Donations, as Bretaign, Burgundy, the Dauphinate, Provence, &c. Countries of Conquest, are Normandy, given, and Poictou, and by the Name of Countries of Pretensions, before the Reign of this present King, were meant Metz, Toul, verdon, and Alsatia only: but at present we may comprehend under that epithet, all the rest of his Conquests, whether in Germany, Flanders, or Italy. But not to insist upon his Countries of Conquest or pretention, which are nothing to our purpose, we shall only say, that in respect to those Provinces which are called Countries of Estates, that as they enjoy not their Liberties by virtue of any Privileges granted by the Kings out of Benevolence, or by way of Free Gi●t, but rather upon the Account of their Fundamental Laws and I●munities with which they came to the Crown, and were annexed to it upon Reciprocal Conditions on both sides, by which the Kings were bound to preserve and maintain 'em in their Usages, Customs and Franchises, without which they had never consented to their Union, 'tis clear as Day, that the Custom of Succession, which in all Countries is one of the Principal Articles of the Law of Usage, cannot be changed or altered in any manner; this is Matter of Fact, which being once decided by the Rules of the Civil Law and Natural Right, the duchies of Burgundy and Bretaign will belong to the King of Spain, as Successor to the Lawful Heirs. Which being a Truth so certain as it is, yet is it contradicted by the French, whose Fundamental Maxim it is Quod not possunt Regna inter se dividi, & quod Regnum divisun in se desolabitur. But tho' we cannot blame a Prince that endeavours, as much as in him lies, to avoid the Alienation of his Dominions, yet on the other side, the Laws of Equity will not permit us to approve the Proceedings of a Prince, who building upon this Foundation, shall unjustly detain a Dominion that no way belongs to him. And indeed, were it needful to produce Examples here, that under the two First razes, Alienations of the same Nature were made in the behalf of Females, and that afterwards the Masculine Claim was not admitted in Apanages, it would be easy for us to city twenty against one; and therefore if we do it not, 'tis only to avoid Prolixity. In short, 'tis sufficient to red the History of France, for any Man to be convinced; and thither it is that we therefore refer all those that are as yet unsatisfied. There they will see how many times the Sons of the Houses of France have ended in the Daughters, who have translated their Signiories into other Families, as appears by the Houses of Dreux, Vermandois, Courtenay, and others, and that the duchy of Burgundy, though the First Fief, and of the greatest Importance, return'd not to King John, but in Right of his Mother Joan, who was Daughter and Heir of Robert II. And seeing that the same King John gave it to his Son Philip the Bold, by virtue of the same Title that he acquire d it, 'tis evident, that 'twas without any Reservation, and not in Male Apanage, as the French pretend; though this severe Law was constituted in his Father's time, as we have already observed.  
Nevertheless, upon this it is, that they ground their most plausible Reasons. For say they, Though it be known that King John was Grand-child to the Duke of Burgundy by his Mother's side, however since the Law of Apanages was then established, we ought to suppose that that Territory tell to him rather by Right of Reversion then otherwise. Which being so, it may be then asserted, That when King John gave it to his Son Philip, upon the same Title and Conditions that he received it himself, it was as a Male Apanage, because it did not return to him but by the Extinction of the Males. To dissolve this slight Objection, there needs no more but to come to the Fundamental Point of the Question, Whether King Philip of clois, and his Successors, had a Power to Change the Municipal Laws of the States which had been United to their Crown by Marriages, Wills, Voluntary Deeds of Gift, or other such like Contracts, without a General, Positive, and authentic Consent of the States of the Country, resolved on in a Full and Free Assembly, set down in Writing, and signed by all the Principal Members of the Three 
* We find in the Regulations of Charlemaign, a Constitution very express upon this Subject. 'Twas the Will of that Emperor, and the King of France, that the People who were present at the States, should be demanded what they thought of the New Laws which they were about to add to the Old ones; and not only that they should Consent thereto, but set their Hands at the bottom, in Testimony, that without their authentic Consent the Law was invalid.  Orders? Now, far was that from being done in respect of any one of the Provinces in particular; nor do we find that since either Philip de clois, or any one of their Predecessors or Successors, have settled any thing in relation to their Ancient Crown, either by the Consent of the States of the Kingdom, or of their own single Authority; all their Pretensions have no other Ground then a Supposition which they would deduce from an unknown Law, that they have taken no body knows from whence, and which, though it were as real and certain as it uncertain, could be of no Force, but only in the Extent of the Ancient Kingdom of France. But 'tis not of late Days that this Question has been debated. In the time of Edward King of England, there were whole Volumes written upon this Subject; and since that time, the Successions of Burgundy, Bretaign, and the Affair of the regal, found the Historians a large Field wherein to exercise their Pens: and though the Kings of France have not wanted store of wretched Flatterers, who have done their utmost to ascribe to 'em an Unjust and Tyrannick Power, never any one of 'em as yet could solidly make good his Opinion, nor answer effectually what has been written. The greatest part of the most Equal and Impartial Doctors have likewise always upheld, That it is not in the Power of Kings to Declare War, and Levy Taxes, without the Consent of the States of the Kingdom, much less to abrogate their Municipal Laws, on purpose to subject 'em to their Will. You shall hear what the Chancellor de l' Hospital says, in his Speech concerning the Benefit of Assemblies of Estates. 'Tis the same that he pronounced in the Assembly of Estates at Orleans, in the Year 1561. Estates( says he) are assembled for divers Causes, and according to the present Occurrences and Occasions, or else for the Demanding Assistance of Men and Money, or to Regulate Justice, or to Declare War, or to Provide for the Means to Support it, or to Regulate the Order of Successions in the Apanages of the Sons of France, according to the Laws and Customs of the Places, and sometimes to know to whom the Crown of France belongs, as was to be seen after the Death of Charles the Fair, upon the Difference between Philip de clois, and Edward King of England; in which Estates Philip did not preside, because he was a Party.  
And a little higher, he says, To hold an Assembly of Estates, is for the King to confer with his Subjects, to take their Advice and Counsel upon Affairs of Importance, and Resolve with their Concurrence upon what is most expedient to be done. This was anciently called Holding a parliament; which Name is still retained in England and Scotland, where Affairs are handled after the same manner as they were wont to be in France.  
In another part, he thus goes on, The last Estates were held at the Beginning of the Reign of Charles VIII. Lewis XII. his Successor, gave over holding Estates; nor did he ever assemble any, either General or Provincial; not by that means to enlarge his own Power, or for fear of giving too much Authority to his People, or out of any desire to Oppress 'em; for never was a more Popular King in the World, nor one that loved his Subjects better. For which Reason, after his Death, he was called the Father of his People. But because he was unwilling to put his People to Charges, and for that when he had Occasion, they were so Obedient, that he found there was no Occasion for Calling an Assembly. On the other side, he was careful to Protect and Preserve their Laws Privileges, and to Provide for their Necessities, without expecting their Addresses.  
Now, we leave it to judgement, whether the last Kings of France have pursued these Maxims; they who at this present talk no other Language, but, We Will, and it is Our Pleasure; and, For such is Our Pleasure; and who glory in abridging and abrogating the Franchises of the Provinces under their Subjection; witness that of Bretaign, that of Provence, and particularly the City of Marseilles. But we need not a more remarkable Example then that which is reported by a certain Author of a New Voyage into the Levant. He says, That the King of France passing through the City of Dijon, the Mayor and Sheriffs brought him their Charters, and the Franchises of their Provinces, and of their City, beseeching him that he would vouchsafe to swear to observe 'em, as the Kings his Predecessors had obliged themselves to do, not only at their coming to the Crown, but also upon their first entrance into the City of Dijon. To whom Cardinal Mazarine made Answer with a menacing Look, Have you the Insolence to require your King to Swear? Upon which they replying, That they required nothing, only they besought and were in hopes of that Favour and Justice from the King's Goodness: the Cardinal retorted, I see what you would be at; you would be a Free City, and a republic: very good; I declare to ye, in the King's Name, That without swearing, he looks upon ye as such; but prepare yourselves to be his Conquest within Four and twenty Hours. This is call d Pulling off the Mask: and after a Declaration so plain, it would be to no purpose to add any thing more.   

Pretensions of the King of England to France.  
PHilip the Fair, King of France, had Three Sons, Lewis Hutin, or the Mutinous, Philip the Long, and Charles the Fair; who succeeded one after the other, and died all Three without Issue. He had also a Daughter named Margaret, who was married to King Edward I. of England, who had Edward II. the Father of Edward III. who laid Claim to the Crown of France, as Heir in Right of his Grandmother Margaret. On the other side, Philip de clois, as First Prince of the Blood, disputed the Right of Succession with him; and the balance proving Equal between these Two Princes, the Estates assembled at Genlis, to decide the Di●●erence. The Question was a long time tossed to and fro, and hotly debated; till at length the French, who were willing to have a King of their own Nation, suffered themselves to be over-ruled by the Bishop of Beauvais, who cried out as if he had been inspired, Behold the lilies of the Field, that neither work nor spin,( as we have already observed in another Place.) Upon which, he took an Occasion to make a long Sermon, wherein he maintained, with a great deal of Heat, that that same Passage of the Holy Scripture was to be looked upon as a Manifestation of the Will of God, which decided the Dispute in Favour of France. Moreover, he grounded his O●inion upon the Constitutions of the salic Law; upon which he ●●●ngly insisted, and quoted, the first time that ever it was cited, the Article that excludes the Female Sex. That Law, of which they never had any Knowledge till then, so highly pleased the French, that it was received with Applause by all the Nation, not only because they found it confirmed by the Verse of the Gospel, but chiefly, for that the greatest part sought only a plausible Pretence to exclude Edward, and follow their Natural Inclinations. Philip then was unanimously proclaimed in the said Assembly; and the King of England, who was come thither to make good his Claim, was forced to brook the Disgrace of seeing himself rejected, without daring to complain, as being in the Hands of his Competitor, who would have been glad of a Pretence to have secured him, for the preventing a War which he foresaw inevitable. But not daring to do it without some apparent Reason, he obliged him, however, to go to Paris, and do him Homage in Person, for the Provinces of Guienne, Languedoc, and Poitou; which was done with the greatest Magnificence that could be, to extenuate, in some measure, the Vassalage of the Action. Nevertheless, the Vexation for having appeared in sight of the whole Court of France, upon his Knees, and Bare-headed, before a Chancellor, and promised Fealty to a Prince that he expected should have been his Subject, raised his Fury to that height, that from that day forward he vowed to his own People, That so soon as he got home, he would take Arms, and never lay 'em down, till he had made himself Master of France. In a word, he was no sooner return'd to London, but he quartered the Arms of France with those of England, levied a Powerful Army, and marched against Philip, assisted by the Flemings who took his Part. And this War proved successful to him; for he vanquished Philip in several Encounters, more-especially at the Battle of Crecy, and at several times killed him above a hundred and fifty thousand Men, among which were a great number of the Nobility of the Kingdom; after which, he took Calais, which the English held from that time till the Reign of Queen Mary. Nor was this all; for King John, the Son of Philip, succeeding his Father, and marching against Edward, surnamed the Black Prince, the Son of Edward III. to revenge his Father's Losses, was himself overthrown with a great slaughter of the French Nobility, and the loss of his own Liberty, being carried first to Bourdeaux, then belonging to the English; and from thence into England: from whence he was released, after six Years being detained, upon delivery of Hostages; for the discharge of which, re●●rning into England, he died at London. So that there being no Covenants nor Compacts for Settlement of Matters, the King of England continued his Claim; which was afterwards renewed by Henry V. who, after he had made a clearer Conquest of France, married catherine● the Daughter of Charles VI. upon Condition, That after the Death of his Father-in-Law, he should succeed to the Crown, to the Exclusion of Charles the Dauphin of France, who was only to have the Province of Berri for his share: which was not only covenanted in the Contract, but approved, by particular Acts of parliament, the Princes of the Blood, and Grandees of the Kingdom. In short, so long as he lived, he governed France, as Absolute Sovereign; and after his Death, Henry VI. his Son, was proclaimed and crowned King of France, in Paris, while Gha●●● lay quiet at Bourges, in the Arms of his Mistresses. But at length, F●●tune, in her Turn, favouring the French, the English lost all their footing in France, except Calais. However, upon the prosperous successses of the Two Claimers, Edward III. and Henry V. the Kings of England have ever since quartered the Flower-de-Luces in their Arms; so far from derogating from their Claims by any succeeding Treaties, that to this day they assume the Title of Kings of France.   

inquiries into the pretensions of the King of England to France.  
THey are grounded( as we have made it appear) upon Two Rights. The First is, The Marriage of the King of England with Margaret of France, the Daughter of Philip the Fair. The Second is, Another Marriage with catherine● the Daughter of Charles VI. King of France, As to the Second, we do not believe that of itself it is of any Force, were it not made authentic by the First. For in short, it is beyond all controversy, that Charles VI. who by some is called The idiot, by others, The Mad-man, had not the Power, nor any Right to deprive his Son of the Lawful Succession which by Nature and Blood were due to him, to make way for a Foreigner: and if the parliament, and Grandees of the Kingdom approved the Disinheriting of the Prince, the Dauphin, who never gave his Consent, might justly tax 'em of Rebellion and Infidelity to their Lawful Sovereign. Which being taken for granted, it would be in vain for the King of England afterwards to allege Possession, and the Coronation of his Son at Paris.  
But in regard that Marriage may be looked upon as a Consequence of the former, and for that the Covenants agreed to between Charles, and Isabel his Wife, with Henry V. as also the Approbations and Verifications of the parliament, may be taken for Acts of that Restitution which Justice absolutely demanded from 'em, to the Exclusion of their own Sons, and may be said to proceed from their certain knowledge, and there being convinced that the Crown belonged to the Kings of England, in Right of Margaret the Daughter of Philip the Fair, it only remains to examine whether that Princess could legally pretend to succeed her Father in the Sovereignty. If you will believe the Bishop of Beauvais, with his Lilia neque laborant neque nent, 'tis certainly not to be permitted. But in regard that Sentence is of too fresh a date, in reference to the Point in dispute, though the Kings of France found it convenient for their Turn, yet we think it much the safer course to stick close to the Ancient and Fundamental Laws. I know the French will presently fly for Succour to the salic Law: but we have said so much already concerning the Uncertainty, and consequently the Insufficiency of that Law, and how much the Learned are divided in their Opinions about it; the greatest part agreeing, That neither Inalienation, nor the Exclusion of Females were heard of, or ever mentioned before the Contest between Edward and Philip, that the King of England may be very well allowed to justify and prosecute his Claim; which is so much the more authentic at this day, because there has never been any Prescription against it: so far from any such thing, that their Claims have been renewed by frequent Instances and Protestations, confirmed by Acts of Charles VI. and his parliament, and a Coronation of the King of England in Paris.   

Pretensions of the King of England to Normandy.  
WIlliam, by some surnamed The Conqueror, was the Natural Son of Robert Duke of Normandy, not only declared Heir to the Dukedom by his Father, but in like manner entitled to the Kingdom of England by Edward the Confessor, in pursuance of his Claim, landed in England, and having vanquished Harold that opposed him, fixed himself in the Succession; which his Posterity for a long time enjoyed, under the Titles of Kings of England, and Dukes of Normandy. From whence the Kings of England still derive their Title to Normandy.   

inquiries into the Pretensions of the King of England to Normandy.  
NO Claims can be more solidly grounded then these. For Normandy was the Patrimony of William I. King of England; nor did he ever make any Resignation of it either to the King of France, or any other Person whatever; nor did he ever enter into any Covenants to the Prejudice of his Title. So that though his Off-spring were dispossessed of it by the Kings of France, their Title still remained Legal and Just: and it was also acknowledged for such by St. Lewis, who, by the Confession of the French themselves, was so divinely inspired, in a Treaty which he concluded with the King of England, before he set forward for Africa. But how Just soever this Title might be in its Original, there is a long Prescription that opposes and very much weakens the Strength and Vigour of it. However, upon a fair Occasion given, there still remains the Justice of a Dormant Title to justify the Possession of it upon a new Seizure.   

Pretensions of the King of England to Guienne, Poitou, and Languedoc.  
THESE Provinces fell to the Crown of France by the Marriage of Lewis VI. with elinor, the Daughter of Raymund Count of Tholouse, who was the Lord of 'em: and because that in his Expedition to the Holy Land,( for he took her along with him,) he had some Reasons to be ill satisfied with her Behaviour, more-especially upon a Suspicion that she had been free of her last Favours to Saladin Prince of Egypt, who was his Prisoner, he divorced her upon his Return to France, upon Pretence of being too nearly related in the Degrees of Spiritual Consanguinity, as having been God-father and God-mother at the same time to one and the same Child. This trivial Cause being judged sufficient by the Council of Boisgenci, their Marriage was dissolved; and Queen elinor taking her Dowry along with her, and having reassumed her Inheritances, translated 'em to the King of England: who not being so scrupulous, married her, and by that Marriage obtained the Possession for himself and his Heirs, doing Homage to the Crown of France. However, by reason of the continual Wars that happened between the Most Christian Kings and Them, they often lost 'em; and as often regained 'em, sometimes by Force of Arms, and sometimes by Treaties, among which, the Contract of Margaret the Daughter of Philip the Fair is the Strongest and most authentic: because that besides the Right which she brought to the Crown, Guienne, Languedoc, and Poitou, were particularly resigned to the King her Husband.   

inquiries into the Pretensions of the King of England to Guienne, Languedoc, and Poitou.  
WE have no other reflections to make upon these Pretensions, then what we have already observed in the preceding Chapter. All these Titles are very good; only they are a little too far superannuated to be the lawful Occasion of a War. But if in the Revolution that is already begun, the King of England should find an Opportunity once more to seize upon his Own, there is no legal Obstacle that can hinder him.    
THE END