and Succeffors, born and to be born, all the Rights which fhall or may lawfully appertain to us to the Monarchy of Spain, in cafe of the Death of our Brother and Uncle the Catholick King, which we transfer to our dear and most beloved Nephew the Prince, eldest Son to our dear and most beloved Brother and Brother-in-Law the Elector of Bavaria, and his Defcendants. And we do confent, that in cafe of the Death of our faid Brother and Uncle the Catholick King, our faid Nephew the Electoral Prince of Bavaria may exercife and make good our faid Right in our ftead and place, over all the Kingdoms, Provinces and States depending on the Monarchy of Spain, excepting those which we fhall referve to ourselves, and to our most dear and most beloved Brother and Coufin the Archduke Charles of Auftria, fecond Son to our most dear and most beloved Brother the Emperor, according to the Articles and Conditions that the faid Count de Tallard fhall agree upon with the Commiffioners that fhall be nam'd by our faid Brother the King of England, who is provided with a fufficient Power to promife in our name, that we will ratify and approve all that fhall have been agreed and stipulated for us by the faid Count de Tallard, and in general in every thing above-mention'd, the Circumftances and Dependencys, to do, ftipulate, demand, conclude, and fign, wholly in fuch manner as we fhould or might do, if we were there present in perfon, altho the Cafe requir'd a more fpecial Command than is contain'd in these faid Prefents. Given at Versailles the 19th of August 1698. Sign'd, Lewis. And on the Fold, by Monfignieur the Dauphin, Colbert. LEWIS Dauphin of France, the King's only Son, to all who fhall fee thefe Prefents, Greeting. We have, in pursuance of the Power and Permiffion which hath been given to us by our most honour'd Lord and Father, this day caus'd to be dispatch'd to our dear and well-beloved the Count de Tallard, Lieutenant-General of his Armys, and of his Province of Dauphine, and his Ambaffador Extraordinary in England, a Power to conclude and fign with our most dear and moft beloved Brother the King of England, a Treaty, the principal Object whereof is to be the Prefervation of the Peace in Europe, if God fhould dispose of our most dear and moft beloved Brother and I Uncle Uncle the King of Spain. But whereas it may fo happen by the Negotiation to be on this matter, that it may be found neceffary likewife to conclude fome fecret and feparate Articles of the faid Treaty, we have given anew to the faid Count de Tallard, and by these Presents fign'd with our hand do give him full Power, Commiffion, and special Command, to confer, treat, negotiate, conclude and fign fuch Articles and Agreements, fecret and feparate, as fhall be judg'd fitting; and to promife in our name, that we will ratify and approve the faid Articles fign'd by the faid Count de Tallard, altogether fo, and in the fame manner as if they had been inferted word for word in the faid Treaty, altho the Cafe requir'd more especial Order than is contain'd in thefe Prefents. Given at Versailles, the 19th of August, 1698. Sign'd, LEWIS. And on the Fold, by Monfieur the Dauphin, WE TE well liking the abovefaid Treaty, in all and every the Points and Articles therein contain'd and declar'd, have accepted, approv'd, ratify'd and confirm'd, and by these Prefents do accept, approve, ratify and confirm the fame; promifing on the Faith and Word of a King, to perform, obferve, and cause it to be obferv'd fincerely and bona fide, without acting or fuffering any thing to be acted to the contrary, directly or indirectly, for any cause or any occafion whatsoever. In witness whereof, we have fign'd thefe Prefents with our Hand, and caus'd our Privy Seal to be affix'd thereunto. Given at Fountainbleau, the 24th of October, and in the Year of our Lord 1698. and of our Reign the fifty fixth. LEWIS, (L.S.) By the King, COLBERT. The French King's Ratification of a Secret Article relating to the Elector of Bavaria. L hath hath by virtue of the full Power we have given him for that purpose, concluded, made, and fign'd at the Hague, the 11th of October laft, with William Benting Earl of PortLand, Knight of the Order of the Garter, Privy Counfellor to our moft dear and moft beloved Brother the King of Great Britain, firft Gentleman of his Bedchamber, and General of his Horfe; and Sir Jofeph Williamson, Kt. likewife Privy-Counsellor to our faid Brother, and Keeper of the Papers of State, in like manner provided with full Powers from our faid Brother, a fecret Article of the Treaty concluded the fame day with our faid Brother; the Tenour whereof is as follows. Whereas the moft Chriftian King, the King of Great Britain, and the States General of the United Provinces of the Netherlands, have agreed by the Treaty this day fign'd, concerning the Partition that is to be made of the Succef fion of the King of Spain, to prevent by that means the Calamitys which the Death of that Prince, if he fhould die without Iffue, might produce in Europe; and whereas the greatest share of the faid Succeffion hath been affign'd to the Electoral Prince of Bavaria, without having determin'd to whom the fame fhould defcend after him if he fhould in like manner happen to die without Iffue: his moft Chriftian Majefty, his Britannick Majefty, and the States General, for the further avoiding the Difputes and Wars which fuch a Cafe might produce, have made a new Agreement by this fecret Article, which fhall have the fame Force as the Treaty above-mention'd, whereto it relates. First, If the King of Spain happens to die without Iffae, and confequently that the Kingdoms of Spain, the Indies, Inlands, and other Countrys and States which are affign'd to the Electoral Prince of Bavaria, do fall under his power; the prefent Elector of Bavaria fhall be Tutor and Curator to the Prince his Son during his Minority, all which time he fhall have the Charge of the Government, and the Administration of all the Kingdoms, Iflands, States, Countrys and Places which have been affign'd to the Prince his Son by the faid Treaty. Secondly, If the faid Prince fhould happen to die without Iffue, his Electoral Highness of Bavaria, his Father, fhall fucceed him in all the Kingdoms, Iflands, States, Countrys, and Places which have been affign'd to him for his Share; and he fhall enjoy the fame in full propriety, and plenary poffeffion, to him and his Children, Males and Fe males, males, Defcendants, Succeffors, and Heirs, born and to be born; fo as that neither the Emperor, the Dauphin, their Children Male or Female, Defcendants, Succeffors and Heirs, nor any other, fhall or may under any pretext form the leaft pretenfion to that Succeffion: his moft Chriftian Majefty, his Britannick Majefty, and the States General, engaging themselves anew to employ all their Power, by Land and Sea, for maintaining the Order establish'd by this Article relating to the Succeffion to the Monarchy of Spain, whereto they have unanimously agreed, in expectation of procuring by this Precaution the Continuance of -the general Tranquillity which hath lately been establish'd in Europe. All Kings, Princes, and States, that fhall be willing to enter into this prefent Treaty, fhall be admitted therein, when it shall be made publick, upon the death of the Prince Electoral, in cafe that happens, without Iffue; and the two faid Kings, and the States General, and each of them in particular, fhall be permitted to request and invite all those whom they fhall think fit to request and invite, who fhall in like manner be Guarantees of that which is contain'd in this prefent fecret Article. In witness whereof, we who have fign'd the Treaty whereto this prefent Arti cle relates, have alfo fign'd the faid Article, and feal'd it with our Coats of Arms, made at the Hague the 11th of October 1698. Sign'd Tallard, Portland, and Williamfon. LE EWIS by the Grace of God King of France and Navarre, to all who fhall fee thefe Prefents, Greeting. The defire of maintaining the Tranquillity of Europe, join'd with the Efteem and Friendship we have for our moft dear and most beloved Brother the King of Great Britain, having induc'd us to form ftricter Engagements than before with our faid Brother, and to take with him the neceffary Meafures for preventing the Events which might occafion new Wars; we make it known, that we repofing entire Confidence in the Experience, Capacity, and Fidelity of our dear and well-beloved Count de Tallard, Lieutenant-General of our Armys and in our Province of Dauphine, and our Ambaffador Extraordinary in England, have conftituted, appointed, and deputed, and by these Prefents do conftitute, appoint, and depute him to make, conclude, and fign in our name, with our faid Brother the King of England, or with the Commiffioners which fhall be be nam'd by him, provided with full Powers on his part, fuch Treatys, Articles and Agreements, as the faid Count de Tallard fhall fee good, with the fame Liberty and full Power as we should or might do if we were there prefent in Perfon, altho there fhould be fome matter that requir'd a more fpecial Order than is contain'd in these Prefents promifing on the Faith and Word of a King, to perform and execute punctually, to approve and hold firm and ftedfaft for ever, all that the faid Count de Tallard fhall have promis'd and fign'd in our name by virtue of the prefent Power, without ever acting or fuffering any thing to be acted contrary thereto, for what caufe or under what pretext foever it may be as likewife to dispatch the ; Ratification thereof in good form within the time that fhall have been agreed upon. In witnefs whereof we have fign'd thefe Prefents with our Hand, and have caus'd our Privy Seal to be affix'd thereunto. Given at Versailles the 19th day of Auguft, in the Year of our Lord 1698. and of our Reign the fifty fixth. Sign'd, Lewis. And on the Fold, by the King, Colbert. WE well liking the faid fecret Article, with all its Contents, have accepted, approv'd, ratify'd, and confirm'd, and by thefe Prefents do accept, approve, ratify, and confirm the fame; promifing on the Faith and Word of a King, to perform, obferve, and cause it to be obferv'd fincerely and faithfully, without doing or fuffering any thing to be done to the contrary, directly or indirectly, for any caufe or any occafion whatsoever. In witness whereof we have fign'd thefe Prefents with our Hand, and have caus'd our Privy Seal to be affix'd thereunto. Given at Fountainbleau the 24th day of October, in the Year of our Lord 1698. and of our Reign the 56th. LEWIS, (L.S.) By the King, Colbert. VOL. I.. Dd The |