PRIOR to WILLIAM LEGGE, EARL OF DARTMOUTH, 1/12 September 1712, Fontainebleau
Table of contents
1712.0912.Fa
Addressed:
E: DartmouthFountain-bleau Sep: 12/1: 1712My 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 SertMPrior.
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