A MEMORIAL From His Most Christian Majesty, Presented by The Count de Briord, His Ambassador Extraordinary to the States General of the United Provinces, at the Hague, December 4. 1700. Containing His REASONS FOR Accepting the late King of SPAIN's WILL, in Favour of the Duke of ANJOU. The Second Edition. LONDON, Printed, and sold by J. nut, near Stationers-Hall, 1700. Price 4 d. A Memorial from His Most Christian Majesty, presented by the Count de Briord, &c. IF the States General seem at present to be surprised, at the King's accepting the Will of the late King of Spain, they will in a little time thank his Majesty for preferring on this Occasion the Peace of the public, to the Advantage of his own Crown. If they take time to examine, with their usual Prudence, the infinite Troubles which the Treaty of Partition would produce, that same Prudence will oblige them to desist from the Demand, contained in the Memorial which they have put into the Hands of his Majesty's Ambassador. They will confess, that the Misfortunes of obtaining it, will be common to all Europe; and certainly they will be of Opinion, that there's nothing can be a greater Contradiction, than to abandon the Design of the Treaty, for the sake of adhering to the Terms of it. For we must of Necessity at this Conjuncture distinguish betwixt the one and the other. The Design and the Terms were united whilst the K. of Spain lived, but the last Will of that Prince& his Death, make such a Difference betwixt 'em, that the Design is absolutely destroyed if the Terms stand. The former maintains a General Peace, the latter causes an Universal War. This Observation alone makes a true Decision, as to what Choice we are to make, in order to comform ourselves to the principal Object of the Treaty, as explained by the first Articles of it, viz. To maintain the General Peace of Europe, to preserve the public Repose, and to avoid a new War, by an Accommodation of those Disputes and Differences that may happen upon the Subject of the Spanish Succession, or by the Umbrage of too many Dominions being united under one and the same Prince. 'twas upon such Motives that the King took with his Allies, the necessary Measures for preventing a War, which the Spanish Succession seemed unavoidably to threaten. It was not his Majesty's Design to acquire by a Treaty the Kingdoms of Naples and Sicily, the Province of Guipuscoa and the duchy of Lorain; his Allies had no Right to those Domions, and perhaps he might have obtained more considerable Advantages by his Arms, if he had designed to make use of them on the Occasion of the King of Spain's death. But his principal End being to maintain the Peace, he treated upon that Foundation alone. He suffered the Dauphin to content himself with the Share allotted him, in lieu of all his Right to the whole Succession of the Kingdoms of Spain. But it happens that the Measures then taken, with a design to preserve the public Peace, produce a quiter contrary Effect, and that they engage Europe in a new War: If it be become necessary for preserving the Peace, to use Means different from those that were proposed for that End. If this new Way occasion no Prejudice to the Potentates in Alliance with his Majesty, all the Disadvantage falls upon himself; and if he is willing to Sacrifice his own Interests to the General Good of Christendom, it not only depends upon his Majesty, to do it, but he has likewise ground to believe, that his Allies will commend his Moderation, and his Love to Peace, rather than complain of a Change, which the public Welfare requires, and that they will thank him for a Resolution, which 'twas impossible for him to defer, without exposing himself at the same time to long and bloody Wars, which his Majesty, in Concert with them, was willing to prevent. The first Appearances of it were already plain enough. The Spaniards, being zealous to preserve their Monarchy entire, made Preparations on all sides for a Defence. The Milanese, the Kingdoms of Naples and Sicily, the Provinces, the Places comprehended in the Partition, all of them put themselves in a Condition, to maintain their Union with the Body of the Spanish Monarchy. The Nation demanded only a King whom they might lawfully own: And tho' the Inclinations of all the Dominions of the Crown of Spain, did universally carry them to desire a Prince of France, the Subjects of that Monarchy would have been Loyal to any other Prince appointed by the Will of the late catholic King, exclusive of the Dauphin's Sons. They were left at no uncertainty, but as to the Acceptation, for the late King having at last done Justice to the true Heirs, their Refusal would have authorized Spain to submit themselves to the Archduke. No Body in all likelihood will doubt but the Emperor would have accepted the Will. The Succession of Spain for his second Son, was the main Design of his long Negotiations at Madrid. His Treaties in the Empire were for that same End. He did not refuse to sign the Partition but in hopes of that. 'twill be hard to persuade any Man to believe, that when he was just ready to reap the Fruits of so much, Labour, he would be willing to lose them, and rest contented with the same Offers, that he had constantly rejected. Thus the Archduke becoming K. of Spain by the Consent of the whole Nation, there must be a Necessity, in order to execute the Treaty, to Conquer the Kingdoms and Dominions reserved for the Share of the Dauphin. There would be no room left to allege the Injury done to the lawful Heirs, for the Spaniards had owned their Right. There must be a Necessity of attacking a Prince declared Successor of all the Dominions depending on the Monarchy. His new Subjects being accustomend to Loyalty toward their Sovereigns, being informed of the Refusal of the true Heirs, would be as Zealous for Him as they had always been for their preceding Kings. The States General being informed by the King of all his Steps for the execution of the Treaty, know that his Majesty did openly solicit the Princes of Europe to enter into the same, and that he never attempted the Loyalty of the Subjects of the late catholic King, by any secret methods. He had not any Intelligence, neither in the Kingdoms of Sicily or Naples, nor in any of the Dominions comprehended in the Share of the Dauphin. The favourable Opportunity was the only way to attack them. But War being once commenced, after having refused the Justice which the late catholic King would have done to the Princes of France, it would have been hard to have put an end to it. A King in possession of all the Spanish Monarchy without any Conditions, would have been reduced to great Extremities before he had partend with the Kingdoms of Sicily and Naples, the Province of Guipuscoa, the duchy of Milan, and the other Countries and Places of which the Share of the Dauphin was to have been composed. It's to no purpose to inquire what the Consequences of that War might have been. It was unavoidable; and this Certainty is sufficient to show that the Sage Precautions taken for maintaining an inviolable Peace in Europe, were perfectly overturned by the very Methods, that were judged only proper for entertaining it, acknowledging the Inconveniencies of a War, the Uncertainties, the Misfortunes which it draws after it; had he accepted the Treaty and renounced the Will, he must have obliged the Archduke to desist from his Right, and to content himself with the Share stipulated for him. It was certainly in the Emperor's power to have done so, but will his former Refusals, pushed on to the extremity, suffer any Man to believe, that that was his Resolution, even though he had pretended to it? Would the public Peace have been any further ascertained by it? The Duke of Savoy, he was no ways engaged in any Treaty, and he is called to the Succession by this Will, failing the Princes of France and the Archduke: What Offer considerable enough could there have been made to him, to prevent his attempting to have his new Rights made valid or to balance the Advantages that he might reasonably hope for from them. It must not be said, that the Confederate Powers would have substituted him to the Archduke; that's not the Case, since 'tis supposed that the Emperor would have accepted the Treaty, which the Exchange proposed to him, and which is infinitely below what Futurity offered him; and would not his particular Interest have obliged him to make the Will valid in favour of that Prince, who should thus comform himself to it? In fine, the Disposition made by his Catholic Majesty did still produce new Troubles in the Choice of a Prince to substitute in the Room of the Archduke. Since the States General insist upon that secret Article of the Treaty, they must have probably considered what Prince was in a Condition to subject the Spaniards to his Obedience, and would have been willing against the mind of the Nation, to ascend the Throne of Spain and maintain the Remainders of the dismembered Monarchy against the Enterprises of the Archduke, authorized by the Will of the late King, and against those of the Duke of Savoy, concerned to maintain that last Will. It does no ways appear that so many Differences could have been easily accommodated, without giving the least Trouble to the General Peace. On the contrary, there's nothing to be foreseen but an universal War. Therefore there's a Necessity, in order to preserve the Peace, to make use of Methods different from those that were proposed, at signing the Treaty of Partition. The most natural, that which is most agreeable for maintaining the General Peace, and the only just Method, consists in the Resolution taken by the King to accept the Will of the late catholic King. If any Prince have a Right to oppose the Dispositions of that Will, there needs no more but to red them, to be convinced that this Right belongs only to the Dauphin. But since he is willing to desist from his Pretensions in favour of his Son, the Will is executed without Trouble, without effusion of Blood, and the People of Spain receive with Peace a Prince whom his Birth, the Will of the late King, and the unanimous Desire of all the Dominions belonging to the Monarchy call to the Crown. If any Potentate should undertake to attack so many Rights, they would justly be branded with the odious Name of Disturber of the public Repose, and begin an unjust War, without any appearance of Success. Then if this War should appear Unjust when undertaken by Potentates, who think it their Interest to traverse the Advantages of a Prince of France, would it be consistent with the King's Equity, and with his tender Affection to the King of Spain, to turn his Arms against a Nation, for no other Reason but because they offered their new King his Majesty's Grand-Son, the Crown of one of the most Potent Monarchies of Europe, and begged of him as the greatest of Favours to accept it. The high Dignity of Kings does not excuse them from considering whether the Wars they undertake be just. Then what Reasons could his Majesty( who is known to be a just Prince) offer for resuming Arms, to divide a Monarchy which is settled entirely upon the lawful Heir. There was a design to deprive him of his Rights. The Emperor looking upon himself to be assured of the Intentions of the late King of Spain, flattered himself with hopes of enjoying the whole Succession. Justice, Honour, the Interest of the Crown and paternal Affection, equally obliged the King to maintain with his power the Rights of the Dauphin. His former Success was sufficient to show what was to be feared from the Efforts of his Arms. The King of England and the States General were equally desirous to prevent the War. The King consensented to it. The Dauphin was very willing to abandon the greatest part of his Rights, on Condition of having the Dominions allotted to his share ascertained to him. The equal desire on all hands to maintain the Peace, produced the Treaty; and thus it was, that by sage Precautions taken during the Life of a Prince, whose frequent and dangerous Distempers, foretold an approaching Death; It was believed, that Justice was done in part to the true Heirs, and that at the same time a solid Foundation was laid for a Peace in Europe. The Disputes raised, as to the Validity of the Renunciation of the late Queen, served for a Motive to this Accommodation. In Effect, it had been of no use, if the Nullity of that Renunciation had been acknowledged as fully, during the late catholic King's Life, as it is declared by his Will. In short, it was necessary, that the King should explain himself positively, whether he would accept the Will, such as it is, in favour of his Grandson, or whether he absolutely rejected it. There was no Medium, no Expedient or Change to be proposed. His Majesty accepting the Will, the Rights of the whole Succession pass uncontrovertibly to the King of Spain, he is not at liberty to separate them, to accept one Part of the Succession and reject the other. The rejecting of the Will, transported all the Rights to the Archduke; nor could the true Heirs in that Case have had lawful Reason to complain of any Injustice done them. By Consequence, be it how it will, had his Majesty been minded to maintain the Conditions of the Treaty, he must have been obliged to attack a living Prince, Possessor of the Crown of Spain; and it's certain that the Measures he had taken with the Allies, related only to the Division of the Succession of a Prince whose death appeared to be very near. Since the War must have been unavoidable, and that it would have been unjust if the King had fixed his Resolution to keep precisely to the Terms of the Treaty of Partition: The States General have no Reason to Complain, that his Majesty hath prevented it by accepting the Will, except that Resolution occasion them some Prejudice; but hitherto there's none to be perceived. The only View they had in entering into that Treaty, and their sole End was to ascertain the General Peace. We owe them the Justice to declare, That they stipulated no particular Advantage to themselves, no Province, no Place, no Sea-Port depending on the Monarchy of Spain, either in the Old or New World, no Article for facilitating their Commerce. They, properly speaking, acted the Part of disinterested Mediators betwixt the King and the Emperor, they were willing to pacify the Troubles, which the Reciprocal Differences about the Succession seemed likely to produce in a little time: If the Emperor had been influenced with the same desire of maintaining the Peace,& had signed the Treaty, the Engagements then entred into betwixt the Parties only Interested in the Succession, would have been different, but there was no Treaty except with the Mediators: And the States being informed of all the King's Steps with relation to the Treaty, know how useless all the Instances made at Vienna in his Name were. They know also that the Emperor being persuaded that the Arch-Duke would be called to the whole Succession of the Kingdoms of Spain, would not engage in the Partition of the Dominions of the Monarchy, but in so far as it might have contributed to extend his Authority in Italy. Let them complain then of the Emperor and his continued Refusals, if they be troubled at his Majesty's accepting the Will, which tho' he has ground to believe from the Memorial they have put into the Hands of his Ambassador, yet he is willing to suspend his judgement, until such time as they make more serious Reflections upon this great Event. He knows the Wisdom of the republics Councils. All things being well examined, the States General will perhaps find, that so many considerable Dominions being added to France, according to the Disposition of the Treaty, might have given just jealousy of her Power, and if it depended upon them to make Choice, the Reasons appear strong that they should prefer, to the Execution of the Treaty, according to the Terms, the present State of the Monarchy of Spain governed by a Prince of France, without the dismembering of its Dominions. The People of England and Holland were already prejudiced, and endeavouring to prevent the Decisions of the Government on this Occasion: Their Complaints of the uniting the Kingdoms of Naples and Sicily to the Crown of France, did openly discover their Fears concerning the Trade of the mediterranean. Tho' the King of Spain be a Prince of France, his high Birth, his Education and Pattern, instruct him what he owes to the Welfare of his Subjects and the Interest of his Crown. Those Considerations will always have the chief Place in his Mind, they will incline him to augment the splendour of his Monarchy, and farther, the tender Affection of the King to his Catholic Majesty, would certainly be the strongest Barrier and the most solid Assurance that Europe could desire. If his Majesty's Intention to maintain the Peace would allow the least jealousy of his Designs, there was much more Reason to take Umbrage at the reuniting of too many Dominions under one and the same Prince, if the Treaty could have been executed. Those Reflections will probably convince the States General, that Justice, the Benefits of Peace, and the very Design of the Treaty would not allow the King to take other Resolutions, than that of accepting the Will of the late King of Spain; that it suits the particular Interests of the republic of Holland, and that it is agreeable to those of all Europe; the Misfortunes then would be General, were it possible that his Majesty, after this Declaration, could have any regard to the Instances contained in their last Memorial, and, in Truth, he is persuaded, that they never had any design to obtain the Effect of it. They are too clear-sighted to have formed Vows so contrary to their Light, and to the true Interests of their republic, yet if they were capable of forgetting them so far, as to wish effectually, that his Majesty would execute the Conditions of the Treaty, they would have shewed the certain Means of effecting the Partition without a War, to the general Satisfaction of all Europe. They should at least have named the Princes that were ready to join in it, the Troops for being Guarantees of the Articles of it: They should have mentioned those that the republic of Holland was to furnish by Sea or Land. But their Memorial contained no such thing. My Lords the States propose only to grant the Emperor the Term of two Months, according to the secret Article of the Treaty: Have they already forgot, that he hath had seven Months time to deliberate in? That his Answers to the different Instances made to him, contained an absolute Refusal to sign the Partition? Let them examine, What would be the Fruit of that new Proposal? The Emperor refused the Partition upon the single hopes, that the King of Spain would call the Archduke to the Succession. This Hope was vain, and the Effects have verified it to be so. In the mean time, if that was capable of suspending the Emperors Resolutions, what would not the Certainty do, which he has at present to procure the whole Succession of Spain to the Archduke: For, in short, the Delay of two Months, proposed on this Occasion by the States, would with Reason, have been looked upon by the Spaniards, as the King's rejecting the Will of his catholic Majesty. There was no Reason to demand of them to wait for an Answer so long, and besides this Answer, according to the Terms of the Treaty, could be no other than a Refusal. Thus the Regency of Spain should have been obliged in Conformity to the Intentions of the late catholic King to devolve the Crown upon the Archduke, and the Emperor should obtain by this Delay ( which my Lords the States propose) what he hath sought after with so much Labour: And thus under the specious Pretext of executing the Treaty, they would ascertain for ever the Grandeur and Power of the House of Austria. His Majesty is willing to believe that this was not their Design, they know to well that it s their Interest to merit by their good Conduct the Honour of his Affection; and the continuation of his good Will. He assures himself, that they will reflect more than they have done upon the Testimonies which he gives of his Application to the maintenance of the public Peace; and upon the Sacrifice which he is willing to make on that Account of considerable Dominions that were to be united to his Crown, That they will change their Complaints into Thanks, and congratulate the King of Spain as soon as possible upon his accession to the Crown, and that they will endeavour to merit of the King the Good-Will and Protection that they and their Ancestors have received of his Majesty and his Predecessors. Dearest, Great Friends, Allies and Confederates, the Peace of Europe is so firmly established, by the just disposal which the late King of Spain, our dearest and well-beloved Brother, hath made of his Kingdoms and Dominions, in favour of our dearest and well-beloved Grand-Son Philip V. now K. of Spain, that we doubt not of your being glad at his Accession to the Throne. We have already made known unto him the true Affection which we bear you: And since we are persuaded that his Sentiments will be agreeable to ours, the strict Correspondence which shall henceforward be maintained betwixt our Crown and that of Spain, will give us new Opportunities, of showing you how much we Interest ourselves in what concerns you, and the sincere Friendship that we entertain for you; the Count de Briord, our Ambassador Extraordinary, will give you new Assurances of it; and, in the mean time, we pray God, that he may take you into his Holy Protection. Wrote at Versailles, Nov. 29. 1700. signed, LOUIS. I The Subscriber, Ambassador Extraordinary of France, having received Orders from my Master, to give your Lordship's the Letter that his Majesty hath wrote to you, to notify the Accession of King Philip V. his Grand-Son to the Monarchy of Spain, and to communicate to you at the same time the just Motives that obliged him to accept the Will of the late King of Spain, which are contained in the Memorial joined to the King's Letter. The said Ambassador hath caused the Letter and Memorial to be delivered to M. de Haren, President for this Week. I wish your Lordships may make all the Reflections upon it suitable to the present state of Affairs, and to the Good and Advantage of this republic, which may and ought to rely upon the ASSURANCES, which he hath Order from the King his Master to give your Lordships, of the Continuation of his Friendship, and of his Majesty's sincere Desire to maintain the Alliance and good Correspondence which he hath with this State. The said Ambassador is persuaded, That your Lordships will correspond with the favourable Intentions of the King his Master. At the Hague, Decemb. 4. 1700. signed, BRIORD.