1712.1006.Ta

Addressed:
M.^r Prior.

Whitehall 25. Sept.^r 1712.

Sir

After a long expectation of the Meſsenger who had
been gone full three weeks, I have at last received your Letter
of the 16.^th/27 instant by which I have the satisfaction to find
you have recovered your former health.

The Arguments Mons.^r Torcy has furnished you with
against naming persons who shall ſucceed to the Crown
of ffrance in caſe of the death of the Dauphin have been
duly considered, yet none of 'em are of that weight with
the Queen as to encline her to recede in the least from
that point which she looks upon as the most eſsential
part of the renunciation Act, As to the first
objection, That Philip a foreign Prince does actually
take upon him &c.^a1   it admits of a very clear
Answer, viz.^t That Philip is not a foreign prince,
at least does not appear in that capacity in this Act,
which he executes only in quality of a prince of
the blood of France so nearly allied to the Crown that
it is thought neceſsary for the repoſe of Europe that
he should disclaim any pretensions, nor can the
second Objection have any more force than the
former, when you shall reflect that by the general
words which follow, he yields his right to all others
the most remote branches of the Bourbon Line,
King Philip cannot be said to nominate Succeſsors
to the Crown of ffrance when he only resigns to the
next in blood the right they would naturally have
in caſe he and his posterity were extinguished, I
hope you'l urge theſe reasons so effectually to
M.^r Torcy that you will prevail with him to
yield to 'em, especially since Lord Lexington is gone,
and that it is therefore too late to alter the directions
he has received on this head, the Court of ffrance is
engaged to give the Queen full satisfaction in it,
her Ma^ty declares this to be the satisfaction ſhe
desires and her Council are unanimous in their
opinions that we ought not to depart from it, for
nothing can be more obvious than that the nomination
of the persons to whom the right is yielded will
add strength to the general clauſes contained in y^e
form it self, and if any thing is wanting to convince
M^r Torcy either of the reasonableneſs or neceſsity of
theſe additional expreſsions, I make no doubt
but it will be fully supply'd by your own good sence
and experience.   The Attorney General is ordered
to prepare a form of a Declaration for the releaſe
of prisoners of War agreeable to that which has
been published by the ffrench King, it will be
laid before the Queen next Sunday night, and as
soon as it is sign'd I will transmit to you an
authentick copy, as for such of her Ma^ty's subjects
as have been taken at Denain, you know they
belong to Regiments in the Dutch pay and her
Ma.^ty does therefore not reclaim 'em.

Her Ma.^ty has not yet heard of any disorders
committed at Gibraltar, nor if she had, does
she understand that the Courts of Spain or ffrance
are any ways concerned in an affair which we
may now call Domestick, since that place was at
first a Conquest and is yielded by agreement in
abſolute sovereignty to the Crown of Great Britain for
ever.

The Caſe of the ship Griffin will be heard
before the Lords Commiſsioners of appeal next
wednesday, by which you ſee the utmost dispatch
is given to that affair, you may aſsure Monsieur
Pontchartrain that we shall bring it to a final
decision as soon as poſsible and that the Owners
shall meet with all the favour and aſsistance
that can be given in a matter which is purely a
judicial trial of property, the right being
wholly vested by Law in the Captors o˂i˃f ² the ship is
adjudg'd a legal prize.

I have writt to the Secretary of War to be informed
of Mons.^r Biron's Caſe, and as soon as I have his
report I shall be able to return an answer to that
Gentleman's Memorandum.

I am very glad for the sake of the Merchants to
find it is the sence of the french Court, that
provisions of the mouth are not contraband
Com̃oditys unleſs carry'd to a Town actually besieged,
for without that interpretation of it, tho' the
truce is now in it's full force, that traffick
would not however be satisfy'd.³

I have transmitted to my Lord Treasurer that
paragraph of your Letter relating to the complaint
of our Ships carrying Dutch Goods that his Lop̃p
may consult the Officers of the Customs about the
proper methods of preventing thoſe abuſes, for tho'
carrying their Goods in British bottoms may not
be contrary to our Interests as you imagine, it
seems however reasonable in respect to ffrance,
that since we do not undertake to protect their
trade from the Dutch, we should not cover the
Dutch effects from being seized by them, as soon as
the return is made from the Customs to my Lord
Treasurer I shall be able to give you an answer
upon it.

My Lord Bolingbroke says he has already
writt to M^r Pontchartrain upon the three
points he mentions, as his Lop̃p will further
inform him in a Letter from himſelf.

I have rece.^d from you by one Meſsenger 120
Paſses, by another 480. in all 600. I have already
sent 516. and the bearer will deliver you 50.
more, her Ma^ty has a parcel now before her to
be sign'd, and as soon as that is done we will
endeavour to keep up a ballance if not exceed it.

Your Credentials and ffull powers are
entrusted to M^~ Drift.

I am &c.^a

Dartmouth

The 12. Spanish Paſses will be sent
by a person dispatched on purpoſe
to settle some particulars relating to
the West India Trade.