1712.0915.Ta

Addressed:
M^r Prior.

Whitehall 4. Sept:^r 1712.

Sir

Last night I received your Letter of the 9.^th instant
N.S. together with the explanatory Supplement
to the Ceſsation Treaty, which I hope to lay before the
Queen to morrow at Windsor, & soon after to send
it you back ratifyed.

The enclosed is a Copy of a Report made by D.^r
Henchman¹ one of the most eminent of our
Civilians concerning the Draught of the act of
renunciation, he is ordered to digest his amendm.^ts
into form and translate the whole into Latin,
which I hope I shall be able to transmit to you
next week, in the mean time, you may communicate
theſe remarks to M^r Torci, and let him know
that they are thought here to have some weight,
All parties seem so sincerely to intend this
Instrument should be conceiv'd in the most binding
terms that We do not doubt but the Court of ffrance
will readily agree to any alterations which
shall be made with that view.

I can say nothing to thoſe other points for
which you refer me to Lord Bolingbroke
becauſe his Lordship has not yet taken any
notice to me of 'em.

I send you herewith 216. Paſses, &
desire you will procure an equal number
from the Court of ffrance to be returned to my office

I am &c.^a

Dartmouth

You will acquaint M.^r Torci that the
King of Portugal consents to a Ceſsation
of Arms, that the Court of ffrance may send
such Instructions to their plenipotentiarys
at Utrecht as are proper on this occasion.

Enclosure:

My Lord

I have perused the draught of renunciation
by your Lordship's Command and in my humble
opinion it is not ſo strong and binding as it might
& ought to be, for I apprehend that in all Instruments
of this nature there ought to be some proper words
that import an expreſs and actual renunciation
of the Right intended to be departed from. It is
humbly submitted whether it might not be made
more strong, by adding in the begining of the
Renunciations part, after theſe words, de mon gré
et sans contrainte² some words to this effect. I Philip
&c.^a do by theſe presents for my self, my heirs and
Succeſsors renounce, relinquish & for ever quit claim
to all the Right & Title, which I my self or any of my
posterity have or may have hereafter to y^e Succeſsion
of the Crown of ffrance, and by inserting in the
next Clauſe after ne tiens pour exclus (me, my self
& my posterity for ever.

It is further humbly submitted whether whenever
mention is made of excluding from or transferring
the Right of Succeſsion, some such words ought not to
be inserted as (me & my posterity for ever.)

It is further humbly submitted whether this might
not be made more effectual by inserting the names
of such persons as the Right of Succeſsion shall be
declared to devolve upon by this renunciation after
the words paſsé et transmis.

It is my humble opinion that the Oath is a
neceſsary and usual part of the renunciation &
that the inserting of it will make the whole more
strong and effectual.

It is submitted whether the Oath it self might
not be made more expreſs by adding after theſe
words, Je l'obſerveray, maintiendray et accompliray,
some such words as (This act & Instrument of
Renunciation and all contained in it, according to
it's more obvious & plain construction and
meaning.

Theſe, my Lord, are my own private
thoughts.