1712.0909.Fa

Addressed:
E: of Dartmouth

fountainbleau Aug. 29/Sep: 9. 1712

My Lord.

Dagley arrived at Paris the 24th Aug./4 Sep:^r with the Ra­
­tification of the Cessation of arms, and your
Lordsp's letters of the 18^th and 20:^th vpon w^ch I
went the next Morning to Fountainebleau,
and am enabled to giue your Lordsp mons:^r Torcy's
answers to the Points in question.

As to the Omission of the words, les mers Britañiques
immediately after the word la Manche,¹ thô it can
draw to no Consequence, the words les mers Bri­
­tañiques being specially mentioned in the Sub­
­sequent Paragraf, and the 12 days being
already elapsed, yet all apprehension of difficulty
as to mentioning the Seas mers Britañiques is
prevented by what mons:^r Torcy has agreed to: I send
you the words in French as I drew them vp, and
read them to Him, and I presume your Lordsp will be
pleased to advise those at Utrecht accordingly

Par les Marchandises et effets qui seroient pris
dans la Manche et dans les mers du Nort, on
entend la même etendüe de mers specifiées cy­
­apres par l'expression depuis la Manche, les
mers Britañiques et les mers du Nort.
Mais, comme les ratifications de part et d'autre
sont dejà faites, et que, l'espace de dix 12
Iours même soit passé, il ne vaut pas la
peine d'y rien changer: bien entendu que
dans l'article de la paix qui pourra regar­
­der le même sujet, les mers Britaniques
seront inserées et specifiees comme on le
desire: où bien, l'expression sera changée,
et le tout sera compris dans la forme or­
­dinaire: à scavoir, dans les mers Brit­
­taniques et Septentrionales.

As it was certainly intended that Ships and Mar­
chandises beyond the line should find the benefit
of the Cessation, w^ch seems contradictory to the
King's declaration limiting the whole to 4 Months,
whereas it is impossible that in less than 6
Months the proper Notification can be given to
those distant parts of the World: mons:^r Torcy has
drawn vp an Article to be sent into England
which I expect as soon as it shall be approved
by the King in Council, w:^ch being signed by
L^d Bolingbroke in England, (thô as at Fountaine
­bleau) and ratified by the Manual Seal, may
be sent heither, in w:^ch case I shall take care
that a like Instrument ratified by his most
Christ: Maj^ty be reciprocally transmitted to
you. so I hope this difficulty is explained, and
any inconvenience that might haue risen fro^~
it is obviated.

As to the Matter of passeports, L^d Bolingbroke
will haue told your Lordsp that he left 50 here
w:^ch are already distributed, so that there is no
difficulty (at least from this side) as to your
distributing the same Number of theirs: I
did not much dwell vpon any restraint as to
Law w:^ch might be in Her Maj:^ties passeports
w^ch I expect, the restriction of the Soverein
Power being what these people do not easily
comprehend: but I hope the tenour of our passeports
will be so ample, that those w:^ch we are reciprocally
to receiue may be sufficient to engage our Merchants
to a general traffick, w:^ch will be the most effectual
means to oblige our Maritime Neighbours to en­
­ter into the Queen's measures.

The Ministers from Spain haue acquainted mons:^r
Torcy with their Masters desire that they may
haue 12 passeports to send to that Kingdom
for their Ships going to the Indies, w:^ch if your
Lordsp thinks fit may be sent as soon as
possible to Me.

A great many here doubt if our friends the Dutch
will haue respect to our passeports; and I am
enjoyned (thô in a private manner) to know
how you in England determine vpon this point
as likewise I desire your Instruction how I am
to answer to Traders and Merchands habituated
here who haue no impediment to their coming to
Eng:^~ but the War, if vpon this Cessation they
may come.

I haue represented to mons:^r Torcy how far we are at
present prohibited to trade with France, and in
what estate Dunkirk stands as comprehended by
our Acts of Parliament to be in the Nether-lands
the mutual conclusion of our discourse vpon this head
was, that We both hoped a speedy Peace would put
an End to some of these difficulties, and the friend
­ship as well as Interest of the 2 Kingdoms
would endeavour as soon as possible to surmount
the rest.

I send your Lordsp a Copy of the Renonciation in
Spanish, mons:^r Torcy expects dayly from Ma­
­drid a Copy of the Substitution of the D: of
Savoy to that Monarchy, w:^ch (as L:^d Boling­
­broke desired) is to be added to the Renoncia­
­tion: and that Substitution I shall likewise
send you as soon as I receiue it.

Thus far in answer to your 2 first letters; the
27 Aug./7 Sep: at 11 at Night, I haue your Lordsp's
of the 21. Aug. VS:² vpon w:^ch I yesterday Morning
conferred w:^th mons:^r Torcy: as to Privateers
sheltering themselves vnder the E: of Bavaria's
Commission and in the port of Nieuport
mons:^r Torcy vpon a complaint of this kind has
spoke to the El:^r of Baviere personally, who
promised that no such Pyracy should be protected
or in any manner countenanced by Him, and
that He would giue order accordingly: and Mons:^r
Monastrolle that Princes' Minister here has as­
­sured mons:^r Torcy that such orders are according
­ly given, and that the Ship w:^ch occasioned the
complaint is released: as to the Pyrates if
any such there be (w^ch mons:^r Torcy beleives
with great difficulty) that w:^th K: Philip's
protection may sculk about S^t Sebastians: He
will take care to represent it to Madrid in
the Dispatches w^ch He this day sends to
that Court:

mons:^r Torcy has sent Me the 2 Instruments before
mentioned, One to be signed by L:^d Bolingbroke
and transmitted heither, with the ratification
on our part, the other to ˂˄ be˃³ kept w^th you. and
as I haue said I will procure a reciprocal
Ratification here, and send it to you.

I expect every day to hear from Eng:^~ referring
my Self in the mean time to my L^d Bolingbrok[e's]⁴
explanation of some points, as I do to His
and your Lordsp's good offices in what may
enable Me to serue Her Maj^ty at this
Court,

I am w^th respect
My L^d
Your Lordsp's most ob^t and
most humble Ser^t

MPrior.