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PRIOR to WILLIAM LEGGE, EARL OF DARTMOUTH, 16/27 September 1712, Versailles

PRIOR to WILLIAM LEGGE, EARL OF DARTMOUTH, 16/27 September 1712, Versailles

Table of contents

    1712.0927.Fa

    11

    Addressed:
    E: Dartmouth

    My Lord

    Vpon the receit of your Lordsp's of the 4th/15
    I translated into French Dr Henchman's addi­
    ­tions proposed to be added to the Draught
    of renonciation, and communicated the same
    to mons:r Torcy; who was of opinion that
    in the general it amounted only to Abun­
    ­dans Cautela
    ,2 and had no objection to
    having those additions as˂In˃serted3 but the
    time We may lose in getting it done,
    since these Observations as your Lordsp
    sent them were only preparatory to those
    w:ch should be in some time sent as
    perfected and in Latin: in the mean time
    as to these words
    It is further humbly submitted whi­
    ­ther this might not be made more
    effectual by inserting the names
    of such persons as the right of
    Succession shall be declared to
    devolue vpon by this renonciation,

    2
    (after the words passé et transmis.)
    He had a most terrible Objection, that
    besides that it leads into a long and
    vseleſs obscurity, not tending to the
    Renonciation of Spain but to the suc­
    ­cession of France, it contains one matter
    of the greatest Importance to France w:ch
    is that Philip a forrein Prince does
    actually take vpon him to settle the
    Succession of France, w:ch was just the
    point we thought our selves grieved in,
    when by the barriere treaty the Dutch
    were made Guarantés of our Succession
    An other Objection he made was that
    Philip enumerating all the Princes in
    their order that could come to the crown
    of France, (and that too at our Instance)
    would be really entitled to resume the
    right of his birth in case these prin­
    ­ces fayl, since he could be looked
    vpon to renonce no further than
    is specifyed in this Enumeration

    3
    whereas the manner in w:ch the K: of Spain
    explains himself has much more
    force, and is subject to no inconvenience
    as to it's Construction and to no limi­
    ­tation as to it's Expression

    On Sunday I received your Lordsp's of
    the 10th and 11:th by w:ch I find Ld Lexing­
    ­ton has all his orders and is parting
    for Spain, I haue explained to monsr
    Torcy every particular of your letter
    relating to the manner in w:ch my Lord
    will proceed vpon his arrival into that
    Kingdom, his private audiences, his
    treating w:th the Ministers, and his
    recognizing the King's title, and assu­
    ­ming the Character of Ambassad:r wth
    all w:ch this Court is perfectly satis­
    ­fied: orders are given from hence
    accordingly, particularly to the French
    Envoy Ex:ry at Madrid to show my
    Lord all the Civilities, and perform

    44
    all the good offices w:ch may be in his
    power. I presume my Lord is fully
    instructed as to any addition to or al­
    ­teration in the Instruments of
    Renonciation, and not having heard in
    your last letters further from Dr
    Henchman, I beleiue I haue troubled
    you with mons:r Torcy's objections to
    what may probably be but Speculation
    and as the D:r terms them, his own
    private thoughts.

    I haue acquainted mons:r Torcy that
    Portugal has consented to a Cessation
    of Arms, of wch this court has sent
    Expresses to Madrid and to Utrecht.
    As to Ships carrying corn from great5
    Britain and fish from Newfoundland
    to Barcelone or Portugal, their ap­
    ­prehensions are groundleſs; they
    are comprehended in the Cessation;
    Provisions de bouche, Commeatus
    was never thought Contrebande

    5
    (except going to a City beseiged;) besides
    that the term of 6 Weeks is now so
    far expired that it will scarce be
    practicable to draw vp an Agreement
    on this head, w:ch otherwise I found
    mons:r Torcy had no objection to, but
    there being no occasion for it; the
    Portuguese having consented to a
    Suspension takes off, (your Lordsp
    sees) great part of the question,
    and what I haue already writ putts
    the whole I hope, out of dispute—

    I haue transmitted to mons:r Pontchar­
    ­train the Duplicates sent to her
    Maj:ties Gov:rs in America, and the
    Triplicates w:ch mons:r Torcy sends to
    Spain, in order to their sending like
    Copyes to be transferred to you
    in Engl:~ in all these kind of Matters
    as France acts for the Court of
    Spain, so I easily perceiue, small

    6
    opposition arises from thence to any
    thing proposed by these people, thô
    they do it with all the seeming Caution
    and tenderneſs imaginable, for fear
    the Spanish Punto and dignity
    should be offended.

    The K: agrees to the release of all prison
    ­ers of War that are her Maj:ties subjects
    for the 29th Sep:r NS: as your Lordsp
    sees by this draught of his Maj:ties
    proclamation wch I send you inclosed
    vpon wch Her Maj:ties pleasure will
    reciprocally be published, and your
    Lordsp will send Me a Copy of it
    there are several English taken at
    Denin, but these having deserted her
    Maj:ties g˂G˃eneral, and being actually
    in forrein service are not to ˂˄ be˃6 compre­
    ­hended in the general Liberty

    Vpon this agreement between England
    and France mons:r Torcy writ some
    days since to Spain, and thô He

    7
    has not as yet an answer, he does not
    doubt but that Spain will comply
    with the proposition of a general
    release of all Prisoners between that
    Crown and G: Britain as soon as
    possible: He has writ again yesterday
    naming the 15th of next Month as
    your Lordsp proposes, and as you
    may account that I shall haue that
    Crowns Declaration on this subject,
    so as soon as I shall receiue it I
    shall transfer it to your Lordsp.

    Mons:r Torcy has sent the Duplicates
    to our Command:r in cheif in Spain
    by the ways of Rousillon and Genes:7
    and from Spain there is a great com­
    ­plaint sent heither, that our people
    at Gibraltar giue too public an
    encouragement to the Jews, and
    haue oppressed and even forced away
    their religious Orders from the place:

    8
    they desire that a speedy end may be
    putt to these Abuses,

    I haue a complaint of an other Nature
    w:ch is, that vpon the Cessation, English
    Vessels load Dutch goods in the
    Ports of Holland for France (and for
    Spain particularly:) and that this
    trade is actually carrying on at
    Amsterdam, this Abuse is prejudicial
    to Us as well as France, and I presume
    will be soon remedied8

    Directions are sent to Toulon for the
    reception of the two Ships that are
    ordered thither to attend the D: of
    Argile: it is to be supposed that they
    will at their Entry Salute the
    Port and the Admiral's Pavillon
    as is vsual9 (says mons:r Pontchartrain)
    vpon the Occasion

    I beg your Lordsp's answer to monsr
    de Pontchartrain's 3 questions, in
    w:ch Lord Bolingbroke will aid Us,
    His Lordsp having here spoke wth

    9
    mons:r Pontchartrain vpon the same
    Subject.

    As to Passeports, I am sorry the terms
    haue offended the North Britains and
    that These were printed and sent to
    Rambouillet to be signed there by the
    Grand Admiral before the terms could
    be altered: thô when mons:r Ualincourt10
    asked Me if Ireland did not always be­
    ­long to Eng:~ and if Scotland had not
    always been comprehended vnder the
    name of Eng~ in such passes for
    100 Year past I must own I had not
    much to answer. if your Lordsp pleases
    to haue a Declaration from hence
    that Scotch and Irish ships are com­
    ­prehended vnder the name of English
    it will be very easily obtained, in
    the mean time we shall find no diffi­
    ­culty as to the security of our Ships
    w:ch is the only design of our gi­
    ving or receiving passeports.

    14˂0˃ 11

    in the Draught of the Proclamation
    for the general release of Prisoners
    your Lordsp sees s˂t˃he Stile is, la
    Reyne de la grande Bretagne
    , and
    dans la Grande Bretagne et autres
    Etats en dependants
    , wch words I
    chose as comprehending all her Maj:ties
    Dominions: and in all Instruments for
    the future the like Stile will be
    vsed; or otherwise as you may instruct
    Me to ask it:

    As to the Number of Passeports, I
    send your Lordsp 480: w:ch as much
    as I remember added ˂˄ to˃12 the Number al­
    ­ready transmitted to England, will
    make You indebted: 161. wch you
    will please to send accordingly
    these people hardly count their
    Passeports, being ready to send
    you more or less, as you shall
    ask, I would therefore think it

    15˂1˃
    for her Maj:ties service that the same Gene­
    ­rosity should be observed on our
    side, and that you would be pleased
    to transmit rather more than less
    of the due Numerical quantity

    I haue delivered yo:r Lordsp's letter to
    mons.~ Tallard, and return you his
    acknowledgements of Her Maj:ties favour.
    I am obliged to your Lordsp for your
    kind assurance that my Powers and
    Instructions shall be here by the
    next: I hope they are in the way, and
    particularly my friend Drift, for I
    haue no body to assist Me in the writing
    one line, wch is one reason of my
    dispatches coming so imperfectly
    to yo:r Lordsp:

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

    MPrior.

    turn13

    The inclosed is a Case recommended
    to Me in a particular manner by
    mons:r de Torcy, and as such I haue
    mentioned it to the Earl of Oxford
    with whom yo:r Lordsp will be pleased
    to confer in order to the Complain­
    ­ant having as much favour as
    may consist with Iustice a little
    veering towards Mercy

    mons:r de Biron as appears by this
    ill-writ Memoire vnder his own hand
    thinks himself her Maj:ties prisonier
    has been esteemed such as he says by
    the D: of Marlebrough, and desires
    to know if He is free, or to whom
    He is to address himself in case
    He is not.

    I shall send the Ratification of the
    explanatory Article by the next
    Courrier: your Lordsp will be pleased
    to return the Instrument signed by mons~
    Torcy (first) that I may giue it back
    to him when I giue him our
    Ratification, wch as yet I keep by
    Me—

    2.

    Endorsed:
    Mr Prior.
    Versailles Sept. 16/27 1712
    copy'd

    Notes
    1.
    Prior numbered the pages of this letter through page 11. At pages 10 and 11, he made an error in numbering which he corrected by overwriting. He did not number the final pages of the letter.
    2.
    All underscoring is Prior's.
    3.
    The revision was achieved by overwriting.
    4.
    Conservation material has been laid over the numeral, but it is still legible.
    5.
    From the beginning of this line to the end of the page, the text has been highlighted with a vertical line drawn along the left margin. The ink suggests it was drawn by Prior.
    6.
    Prior indicated this interlinear insertion with a caret.
    7.
    I. e. Genoa
    8.
    This paragraph has been highlighted with a vertical line drawn along the left margin. The ink suggests it was drawn by Prior.
    9.
    The a is so heavily inked that the bowl is closed. Prior added a stroke to open the bowl.
    10.
    I. e. Valincour
    11.
    An html transformation of this number may not accurately display the overstrike that indicates deletion as the overstrike may fall across the horizontal line of the numeral.
    12.
    Prior indicated this interlinear insertion with a caret.
    13.
    This word, in Prior's hand, points to the following postscript.