PRIOR to WILLIAM LEGGE, EARL OF DARTMOUTH, 16/27 September 1712, Versailles
Table of contents
1712.0927.Fa
11
Addressed:
E: DartmouthVersailles the 16/27 Sep:r 1712My Lord
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
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:
turn13I am with great respect
My Lord
Your Lordsp's most obt
and most humble sertMPrior.
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