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PRIOR to WILLIAM LEGGE, EARL OF DARTMOUTH, 1/12 September 1712, Fontainebleau

PRIOR to WILLIAM LEGGE, EARL OF DARTMOUTH, 1/12 September 1712, Fontainebleau

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    1712.0912.Fa

    Addressed:
    E: Dartmouth

    My Lord.

    yesterday morning the Messenger arrived here with
    your Lordsp's letters of the 27:th and the Passeports,
    I find the Ministers here in the greatest concern
    imaginable in relation to the figure w:ch your Lordsp
    proposes My Lord Lexington should make before
    he takes the Character of Ambass:dr to K: Philip;
    the Sum of their reasonings vpon this point I
    send to your Lordsp as I haue them most parti­
    ­cularly from mons:r Torcy, ˂˄ &˃1 as He had them fro~
    the council last Night w:ch was called vpon this
    occasion. He thinks the very reason of Ld Lex­
    ­ington's going to Spain is founded vpon the
    certainty of Philip's renonciation, that We haue
    this point not only stipulated but the very
    form and words likewise adjusted, and the
    Execution thereof guaranted by his most Chr:~
    Maj:ty and the Kingdom of Spain. that
    the Renonciation w:ch Philip makes is to France,
    and as K: of Spain, in w:ch quality he must be
    supposed invested or the renonciation it self is
    not good: that it was with the greatest difficulty
    that the Kingdom of Spain consented to the
    Renonciation being made in this Manner, and
    vpon assurances repeated from France, that
    nothing should pass in this transaction deroga­
    ­tory to the Dignity of their Crown, wch
    certainly must suffer in case this Scruple be
    not removed: that it would be very strange that
    Philip in his own Court having already con­
    ­sented to every thing that may oblige her
    Majty to make Peace wth Him, at the
    time when the Whole is to be confirmed, and the
    subject of L:d Lexington's being at Madrid is
    to confirm it, should find a Man of Quality
    in his own court, sent from a Princesse, qui
    luy envoye la paix
    ,2 (I send your Lordsp 3 Mons:r
    Torcy's own expression) whilst neither He
    nor his Queen could possibly speak wth
    Him, or my L:d speak to any of the Court
    without either affronting them or being him­
    ­self affronted in the different distinctions
    they must vse of the D: of Anjou, and the
    King
    . He left it to your Lordsp's own consi­
    ­deration if it were not for Her Maj:ties
    honour and the credit of our Nation that
    Ld: Lexington should be well received in
    Spain, (vpon w:ch point I find orders haue
    been given from hence) and how it was
    possible He should be well received, except
    this difficulty were removed: that He could
    not sett his foot in the Kingdom without
    receiving passeports from K: Philip, nor
    be served in his way to Madrid ˂˄ but˃4 by his
    Maj:ties officers and Subjects, so that his
    Ldsp will realy haue owned the King, whil[e]5
    he seemingly demurs vpon his so doing
    and on the whole matter He concludes that
    this difficulty can only serue to create
    many others, and can haue no other effect
    than that of prolonging and clogging the
    Negociation, which is now so far advanced
    that He hopes no new Incident can retard
    it:

    He added, that the Court of France took it
    for granted that Ld Lexington went into
    Spain, as the D: D'Aumond into England;
    and how, (said He,) would He be received in
    England, without owning the Monarch to
    whom He is to address? he repeated vpon
    this head how France had behaved from the
    beginning of the Negociation towards Her
    Maj:ty your Lordsp will see that the Argu­
    ­ment tended to our doing the like to the
    Crown of Spain: He expressed it in very
    respectfull and obliging terms— your Lordsp
    will judge of my answers vpon this point
    that they were Such as my Duty obliged Me
    to, and Her Maj:ties honour required:
    He went on to say that there was less reason
    for this Scruple, for that We had already
    owned Philip K: of Spain, and that the
    whole of the treaty being eventual, this
    as the other points would fall, vnless the
    conditions were made good, and the peace
    agreed and ratified.

    As to the other points, That of Spain's ack­
    ­nowledging the Protestant Succession in
    the House of Hanover exclusively of the
    Pretender, mons:r de Torcy agrees, and repeats
    that Spain is ready so to do in the same
    terms and in the same Manner as France6
    does, and that my Ld: Lexington will find
    the Ministers at Madrid consenting to this
    Article as fully and explicitely as he can
    require: here he came again vpon the Old
    Argument, how can He own your Succession
    but in the quality of K: of Spain?
    and you deny him the means of doing so.
    I repeat as much as I can his words, w:ch
    were much the same w:ch the D: de Beauvil­
    ­lier (whom I likewise saw last Night)
    said to Me vpon the same subject.

    I told your Lordsp in my last that this Court
    has writ to Madrid that a general Amnesty
    shall be granted not only to the Catalans
    but to all others who haue adhered to or
    taken part with the Emp:r and this Amnesty
    (mons:r Torcy thinks) will be published and
    received so soon that the D: of Argile
    may find the good effects of it, at his
    arrival into those parts.

    Her Maj:ties agreement to a general release
    of all Prisoners (w:ch I presume is meant
    by the word Exchange) this Court very
    willingly receives: that it shall be both by
    Sea and Land: and that Spain and the
    Dominions thereof shall be comprehended
    in the Agreement, vpon w:ch head monsr
    Torcy has writ to Madrid: the time he
    has agreed on with Me for this release
    (for previous Notice must be given thereof) is
    Michael-mas day 29.th Sep:r N: S: for the
    Dominions of France; and then, or as soon
    after as Publication thereof can be given,
    it shall obtain likewise in all the Domini­
    ­ons of Spain7

    Hostages in the sence your Lordsp vnderstands
    it as they remain pledges for the property
    of private persons are excluded from this
    [otherwise vniversal]8 Agreement.

    This Court takes very kindly the Notification
    which Her Majty has been pleased to giue of
    the Suspension of Arms to the Gouvernours
    of her plantations in America, as they haue
    in like manner given to the Gouvernours of
    their Colonies, mons:r Torcy has sent Me du­
    ­plicates of their Orders w:ch he desires We
    should likewise send, and that your Lordsp
    would reciprocally send heither Duplicates
    of our orders which this Court will trans­
    ­mit to those parts: this they think will
    be a Mutual assurance that these orders
    are received, and a Means of renewing a
    good Correspondence between the officers
    and others of the 2 Nations

    Since it is expedient likewise that the same
    Notification should be given to the Spanish
    Colonies, Mons:r Torcy has writ on this head
    to Madrid, that they may write accordingly
    to their Gouvernours in the Wes-Indies; and
    that Duplicates of such their orders may be
    sent heither, to be transmitted to you
    in Eng:~ that you may send them to their
    Colonies, (to wch Voyage, I beleiue, no
    Seaman of ours will be averse) and
    that you may send Duplicates of our
    Orders to be transmitted to Spain: so
    that there must be sent heither Triplicates
    ie. two Copies of our Duplicates, one to
    be sent to the French Colonies and the
    other to the Spanish.

    As to the Passeports, my Ld Bolingbroke
    had 50, and 50 were sent to his Lordsp to
    Dunkirk, I send you 120: given therefore
    on their side——220.
    They haue received fro~ Us—050.
    Rests———170.9 wch Number I
    will exchange wth them, as I send to you.
    And whereas m~ Tilson writes Me word that
    some few of theirs were so limited that
    they haue proved of no Vse, for any such
    Number I may receiue and return, I
    will send the Number to you of Theirs.
    your Lordsp will take Notice that the 120 I
    now send are in the same form and tenour
    w:th those w:ch France has always given
    and w:th those wch you already haue received
    nevertheless those wch you shall hereafter
    haue will answer in direct terms to Ours:
    not that there is any thing Essential in the diffe­
    rence now, but because it is good to let people
    see that we can make this Court conform to
    Us; I keep the residue of those passeports
    wch You haue sent heither, and desire
    an other Cargo; for before it can come
    mons:r Pontchartrain will be ready to
    exchange more wth Us they being now in the Preſs10

    I add mons:r Pontchartrain's letter of this
    day to mons.r Torcy wth the Duplicates of
    his letters to their Colonies, wch I receiue
    as likewise their Passeports so late that
    the Messeng:~ can not part till to Morrow
    Morning.

    I will get the Ceremonial of Ld Portland's
    Ambassy from m~ S:t Tot as I agreed it wth
    his Predecess:r mons:r de Breteüil, the
    Copy wch I haue of it being locked vp,
    and Drift to whom I can only trust my
    Keys being, I hope, (before yo:r Lordsp
    receives this) parted from London, if
    not, you shall haue it from Him

    It is taken for granted here that by virtue
    of the Cessation all french and Spanish
    ships, Men of War and Marchands may enter
    into, stay in, and return from any of our
    ports as We may reciprocally into any of theirs 11
    your Lordsp will send Me word as to this and
    any other point wch We think vnderstood
    as granted by the Cessation that all mis­
    ­takes as far as possible may be prevented
    French Gentlemen may they come into Eng~
    as We haue English already here from
    Flanders who appear at Court and haue
    hunted w:th the King: need French or
    any body else a Passeport of licence,
    except such as our Law haue excluded?

    I am with respect
    My Lord
    Your Lordsp's most obt
    and moſt humble Sert

    MPrior.

    I presume the next Messenger will bring Me
    the honour of Her Maj:ties particular
    Instructions/

    This Court goes from hence to Morrow, the
    K: lyes at Petitbourg a house of the D:
    d'Antin, and will be [at] Versailles on Thurs­
    ­day/

    2.

    Endorsed:
    Mr Prior. fontainbleau
    Sep.t 1.12 1712.
    copy'd

    Notes
    1.
    Prior indicates this interlinear insertion with a caret.
    2.
    All underscoring is Prior's.
    3.
    Prior originally wrote "Lordsps" but, as extra inking indicates, connected the final s to the M of "Mons:r" to make it appear to be part of that word with the M given an extra flourish. The bowl of the p is also more heavily inked.
    4.
    Prior indicates this interlinear insertion with a caret.
    5.
    The e was covered over by mounting paper as part of the binding process.
    6.
    Conservation material was used to stabilize the corner of this page and was laid over the last two letters of "France". Nevertheless they are clearly visible beneath the paper.
    7.
    Prior extended the tail of the n of "Spain" three centimeters to mark the end of the paragraph.
    8.
    These square brackets are Prior's.
    9.
    Prior laid out these lines so that the numbers 120, 220, 050, and 170 lined up squarely under each other.
    10.
    The phrase "they being now in the Preſs" may have been an afterthought. The pen strokes are noticeably thinner than those of the rest of the document.
    11.
    A bit of the left margin of the last page was covered over with conservation material, but the individual pen strokes are nevertheless legible beneath that paper.
    12.
    The numeral 1 is written as a tailed i: j.