640. TO: SIR EDWARD NORTHEY, ATTORNEY GENERAL. Whitehall. 30 December 1712. [Contemporary copy in unidentified hand.

] Text: MS, National Archives, London, SP 44/114, fol. 93.
Whitehall 30th Decr 1712 M. Attorney Gen. Sir The Ministers of the Czar of Muscovy, of the King of Denmark and of King Augustus having made complaint of a Paragraph in the Post Boy of the 4th ins.t reflecting upon their respective Masters by her Maj:tys Command I send you here enclosed1 the said Post Boy & desire that you will prosecute the Author of it as far as the Law will allow. I am Sir Your most humble Serv.t Bolingbroke
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Post Boy, 2741 (2–4 December 1712) comments on the financial mismanagement of the Northern Confederates in the war against France. ‘Informations’ were ordered against Abel Roper for his ‘seditious Reflections in his Libel … the Post-Boy, upon the Tsar of Muscovy, the King of Denmark’. Flying Post or the Post Master, 3319 (3–6 January 1713).

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641. TO: LORDS COMMISSIONERS OF TRADE. Whitehall. 2 January 1712. [In a secretary’s hand but signed by B.] Text: MS, National Archives, London, CO 388/15, fols 99–9v.
Lds Comm: of Trade &c My Lords By ye Queen’s command I transmit to your Lordships a Representation1 drawn up by ye Brittish Merchants in Flanders, relating to ye commerce between that Country, Britain, & Ireland; which you will please to consider of, & make such observations thereupon as you shall judge proper.2 I am my Lords. yr Lordsps most humble
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and most obedient servant Bolingbroke
1. Enclosed: ‘Project [containing twelve articles] for re-establishing Commerce betwixt G.t Britain, Ireland & Flanders, presented to the R.t Hon:ble my L.d Orrery Plenipotentiary to Her Maty the Queen of G.t Britain & Ireland, at Brussells by the English Merchants of Bruges & Ostend January 1712/13.’ Signed by J. Hudson, Edmund Custis, And.[rew] Browne, and Thomas Ray. This demanded that all English woollen products imported to Ostend pay half the duties currently charged under the tarif (or book of rates) of 1680; the projectors also complained that tobacco imported from England was charged at an excessively high rate, and asked that this rate be reduced by one half. They also recommended that Ostend’s harbour and quay be put in ‘good condition’ before it became innavigable. Similarly, for the benefit of commerce, the projectors suggested that the river or canal between Ostend and Bruges should be cleared and made as deep as it was fifteen years before, and that ‘great regard’ be shown to English subjects living in these countries who depended on freedom of transit to transport their goods to the conquered Barrier towns. (Contemporary copy in unidentified hand. NA, CO 388/15, fols 100–1.) Remainder of letter in B.’s hand.

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642. TO: BENJAMIN WAIDE, MAYOR OF HULL. Whitehall. 2 January 1712/13. [Contemporary copy in unidentified hand.] Text: MS, National Archives, London, SP 44/114, fol. 93.
Whitehall 2 January 1712/13

I thank you for your letter of the last of December, which came this day to my hands & for the dispatch you gave to the Count de Saaros w:ch was very much to her Majties satisfaction. I heartily joyn with you in wishing that you may soon have an opportunity of making the Proclamation you desire, & am1 S.r Yo:r most humble and Obed:t Servant Bolingbroke

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643. TO: SIR WILLIAM WYNDHAM. Whitehall. 2 January 1712/13. [Contemporary copy in unidentified hand.] Text: MS, National Archives, London, SP 44/114, fols 98–9.
Whitehall 2.d January 1712/13 Secretary at Warr. S.r Upon my laying some time ago before the Queen a Report from the then Secretary at Warr on the Petition of Cap.t Matthews whereof I enclose a Copy,1 her Ma.ty in consideration of this Gentleman’s services, and of the hardships he has suffered, was pleas’d to approve of his being plac’d on the Establishment of half pay in Ireland, til he could be provided for according to his Rank in the Army as is propos’d in the aforesaid Report. And I was accordingly directed to speak to the Duke of Ormonde upon it, but His Grace going for Flanders before I had an Opportunity of mentioning this matter to him, it is still in suspence. You will therefore please to acquaint the Duke of Ormonde with Her Maj.tys intentions concerning Cap.t Matthews, and to take the proper measures for procuring to him the full benefit of them. I am S.r Your Obed.t humble servant Bolingbroke.
1. Enclosed: Report, signed by George Granville, and dated Whitehall, 19 September 1711. This regards Captain William Matthews, late of Major-General Pepper’s regiment of dragoons, with twenty years of service. Being the eldest Captain in the regiment, he was taken prisoner at Elche (the petition does not indicate when) in Spain and carried into France. The major’s post falling vacant whilst he was prisoner, the Earl of Gallway appointed a younger captain-major instead of Matthews. Granville recommended Matthews to the Duke of Argyle and the Earl of Portmore asking them to restore him to the post of major of dragoons as soon as a vacancy became available. NA, SP 44/114, fols 99–101.

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644. TO: LORDS PLENIPOTENTIARIES: JOHN ROBINSON, BISHOP OF BRISTOL, and THOMAS WENTWORTH, 1st EARL of STRAFFORD and 3rd BARON RABY. Whitehall. 3 January 1712/13. [In a secretary’s hand but signed by B.] Text: MS, BL Add. 37273, fols 1–9v.1
Whitehall 3.d Janry 1712/3 R. H. Lds plenipot. My Lords I have now before me your Lo:ps letters of the 27th & 30th December, and of the 3d and 6th of January N. S. which I am to acknowledge. Your Lo:ps letter of the 30th of Dec:r gives an account of several points which were discussed in a Conference with the French Ministers relating to the Treaty of Peace, and that of Commerce.2 As I find by your letter of the 6th of Janry that your Lo:ps had received mine of the 20th Decr, and as I doubt not but my letter of the 24th will have come to your hands since, I shall be very short in my observations upon those particulars, because the differences mentioned, are either answerd in those two letters, or suspended till we hear from the Duke of Shrewsbury what success he has met with in his Negociations upon the most essential matters. As to the French selling their immovable Estates in all the places which they quit, your Lo.ps think it most unreasonable in respect to Hudson’s Bay,3 but seem to have no objection as to other places except as to to the time to be allowed for selling them. You have her Maty’s sense amply expressed in my letter of the 20th Dec:r concerning the absurdity of this pretension; and if the French talk of positive orders to insist upon it, your Lo:ps are as positively to reject it. By the additions in the 10th Article,4 I hope your Lo:ps mean the generall clause of a reciprocal redress of grievances, which was added by the French to the first project. for as to the additions in their Counter-project, her Maty thinks they enter too much into particulars. 5 Exceptis Formentis &c in the 12th Art[icle] your Lo:ps say you have admitted agreably to former directions. what I remember to have writ most distinctly upon that matter was contained in my letter of the 26th of Augt,6 the meaning of which was to make use of that demand to facilitate other matters; & to be easy on condition that the French showed the same spirit. As to the season of fishing to be prescribed to the French on the Coast of Newfoundland,7 I find by letters which I lately received from Mr Pryor that the Court of France is uneasy at such a restriction, & makes several objections to it.8 your Lops will have seen that her Maty has no thoughts of insisting upon that matter. But we are hopefull that the Duke of Shrewsbury acording to his Instructions will be able to give quite a new turn to the most material point of our differences, which will set aside all these other little difficultys.

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Your Lo:ps took a very right turn in respect to the Barrier of the Duke of Savoy, when the French for his security offered never to quarter any Troops in the valleys on the side towards Exilles and Fenestrelles. for by that concession France does really acknowledge the necessity of the Barrier which his Royal Highness asks, & the danger he is exposed to without it. I am hopefull still that the French, notwithstanding all their backwardness, will yield this point at last. at least we must insist upon it to the utmost. 10 The alarms concerning Sicily which your Lops mention in several of your letters, may be industriously given by the French for the purposes which you observe. however her Maty has for the present thought fit to give some orders towards preventing the dangers apprehended, as your Lo:ps will see by the Copy of the Earl of Dartmouth’s letter to Sr John Jennings,11 which I send inclosed. you will please to communicate to the Ministers of Savoy the directions which the Queen sends to her Admiral. And if there are any more particular Informations concerning designs upon that Island, by transporting of Troops, raising seditions, or any other way to disturb the possession intended for the Duke of Savoy; or if your Lops have any proposals suggested to you of what else may be proper for her Majty to do in order to frustrate such attempts, you will please to apprize me of what comes to your knowledge that I may receive the Queen’s Commands upon the whole. 12 As to the Elector of Bavaria, if the French think his case hard; the Imperialists, and other her Maty’s Allys are of opinion that it is too much favoured. and I doubt there will be great contestations, and very many difficultys still raised before even that which is now design’d for him, can be obtained. Upon this I must observe to your Lo:ps that it little becomes the French to complain of what is asked for the Duke of Savoy, & to term a Barrier, which they seem to own to be necessary, une demande offençante;13 when at the same time they make such pretensions in behalf of the Elector of Bavaria, and are complaining that enough is not done for him. 14 I find that Mr Watkins, who is Commissioned by her Maty to inspect the accounts relating to foreign Troops, has already examined the demands of the Country of Liege for Forrage furnished to the Prussians in her Maty’s pay, and has settled them as farr as relates to him. I shall put the papers given your Lops by the Resident of Liege into the Secretary at Warr Sr William Wyndham’s hands, who is the proper Officer to receive her Matys Orders, and give an answer upon those matters. Her Maty approves of the answer, mentioned in your letter of ye 3d Janry,15 which your Lops gave to the plenipotentiarys of the States, when they pressed you to enter immediately into a discussion of matters, althô they had laid them before the Queen & desired new Instructions to be sent to you. Her Maty thinks your Lops conduct in this whole affair has been very right, and that the Dutch

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Ministers had no ground for the surprize which they showed on this occasion. Monsr van Borsele had an audience of the Queen on tuesday the 30th of Decr, and presented to her Maty the letter from his Masters the States General. on thursday he had a Conference with the Lords of the Committee at the Cockpit, and communicated to their Lops the Remarks made in Holland on the Project of a Treaty of Succession & Barrier,16 and on the propositions relating to peace made at the Hague by the Earl of Strafford. the Letter from the States to her Maty will very soon be answerd. an answer will likewise be returned to the Remarks, which, by the best that I can judge of her Maty’s intentions, will be a very short one. I don’t see in the Overtures of the States, which I have received from Monr Van Borsele, that there is much relating to France. they seem calculated to take more from their allys, than from their Enemys. however I shall not fail to instruct the D.[uke] of Shrewsbury of the whole, when the Queen shall have taken her Resolution upon them. 17 I am not instructed to speak particularly upon the Interests of Portugal. I am however hopefull that means will be at last found to settle them in a very good manner. But whatever Bargain is made for them Spain must be a party to it; and therefore the admitting of the Spanish Ministers18 to the Congress must be a preliminary step to the doing any thing at all upon this subject. As to the Representation of the Ministers of the associated Circles,19 thô I cannot observe any thing disrespectfull, yet there are some insinuations in it that have an invidious air. however I believe your Lo:ps would have had orders to give an answer in form to it, & that a very kind one too. but the Queen finding it to be printed in the Dutch news-papers, and a factious use to be made of that here, her Maty does not think fit to direct any particular notice to be taken from her of this Representation. your Lops may from your selves however very truly and very justly say, that there is nothing which the Queen could have more heartily desired, then to have been able to have done more for them. but they are too reasonable to imagine that after so long an opposition to the Queen’s measures by all her allys, and after the advantages which France in consequence of this has gained, her Maty should remain able to do all that She could wish to do, or all that formerly perhaps She was in a condition to do. 20 I have writ to my Lord Treasurer to put him in mind of paying the 200ll as her Maty’s Bounty to Mor Behrendorff. I believe nothing but his Lo:ps Indisposition, which does not permit him to go abroad, or to do business, can have hindered it. and I suppose the money will very soon be remitted. 21 We never had any knowledge here of an accord supposed to have been made among the allys for the Repartition of prisoners taken from the French during this Warr. neither can I find by Mr Cardonnel, who was Secretary to the Duke of Marlborough when he had the sole direction of those affaires, that there were ever any steps made in that matter. the Queen wishes she could make it easy

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to the French, who must own themselves that it is not in her power. all that lay in her to do in regard to prisoners She has already done; and her Maty hopes that the prospect of peace is now so near, that it is less necessary to press this point. 22 As to the Representations in behalf of the protestants in the Empire, Silesia and Hungary I believe your Lops former orders will carry you to exert her Maty’s authority, and to use her name in all that is required by those papers. and your Lops may be assured that you can not do a more acceptable service to the Queen, than in supporting the Interest of the protestants to the utmost of your power on all occasions. 23 I must not let slip those paragraphs in your Lo:ps letter of the 27th of Decr which relate to King Augustus, and the affairs in the North. I enclose to your Lo:ps a Copy of that Prince’s24 letter to the Queen; and thô it is indeed fuller, as Mr. Scott observes, than the answer given to his Memorial, yet I doubt your Lo:ps will find it neither so full, nor so clear as the case requires, and has [sic] her Maty’s Interposition deserves. The late turn of affairs25 puts King Augustus into such a condition, as will be in all probability irretrievable without the hearty and united Efforts of all his protestant friends, and particularly of the Queen. this consideration may perhaps quicken the return of the Prince Electoral, and the misfortunes of the Father may prove the salvation of the son according to the wise and secret dispositions of providence. The Queen’s good offices are, and have been at all times ready to compose the troubles in the North; and since in this conjuncture they are likely to be accepted, your Lo:ps will do well again to offer them to all the partys concerned. I confess I much doubt whether they can be yet a while employed effectually since the King of Sweden hitherto insists on a preliminary which the Queen cannot think in her present circumstances of making good to him, I mean the full effect of the Treatys of Travendahl and Alt-Randstadt; and I hardly believe the Northern Allys are brought low enough by the victory of the Swedes and the Rupture of the Turks to submit to such terms, and at once to renounce all those flattering hopes which they have so long indulged. 26 I must before I conclude say something to your Lo:ps upon that part of your Letter of the 6th which relates to the Evacuation of Catalonia, and to the new turn which the Councills of the Emperor seem to take. Monr Hoffman27 had entertained me yesterday upon this head, and by Turner28 the Messenger, who arrived a few hours ago I received your Lops dispatch of the 10th, part whereof relates to the same subject. After I shall have reported on monday to her Maty in Councill the propositions which the Imperial Resident has made I shall be able to send your Lo:ps very ample Instructions not only as to the Evacuation of Catalonia, but likewise as to the other points which the Imperialists press. at present I can only say that the Duke of Argyll’s return does indeed create a very great dif-

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ficulty;29 but that I believe the very odd answer which the Marshall Staremberg thought fit to give to his Grace, when he first made the proposition in pursuance of his Instructions of evacuating Catalonia, was the principle motive which induced the Duke to hasten home. Means will I hope be found by instructing Sr John Jennings, or some other way to overcome the difficulty. but surely the first step must be settling that Convention, which your Lops have indeed on your parts very rightly promoted, and which I am somewhat surprized to hear the French Ministers are not instructed about. I take it for granted the reason of this must be that the Court of France imagined the whole would have been adjusted in Spain. As to the Transport I am afraid her Maty’s Engagements both by Treaty and by verbal promises do amount to what the Imperial Ministers say.30 As to the general Amnesty and Restitution of honour and Estates the Spaniards will certainly not agree to it, unless it be reciprocal, neither has the Emperor on any other foot a pretence to demand it. to facilitate the Evacuation the Amnesty for the Catalans would I believe be granted even now.31 In a Negociation of so great length, so wide an Extent, and so much perplexity, it is not to be wondered at if mistakes sometimes happen, and propositions are sometimes misunderstood. for my own part I am particularly unknowing in matters of Trade,32 and may therefore not only have ill comprehended your Lo:ps sense, but perhaps ill explained her Maty’s, for which I hope to be excused. your Lo:ps last letter sets the great point in dispute in so clear a light that I think it is impossible for me to err, and I confess freely to your Lo:ps I had not the same Idea of it before.33 as my next dispatch will probably be none of the shortest, tis high time to give yr Lordsps some rest, by concluding this with my most sincere assurances that I am My Lords yr Lordsps most faithful and most humble servant Bolingbroke34

P. S. Since my writing this letter I have look’d over the last dispatch which I received from Mr Pryor, wherein I find a paper given him by Monr de Torcy relating to the Articles of Commerce, of which I send your Lo:ps a Copy. It is plain by this that the French aim at reducing the Dutys payable in England to a proportion with the Tarif of 1664, as I took their design to be in my letter of the 24th Decr; and I am still afraid that the turn your Lo:ps give it in your letter of the 10th of Janry is not the real meaning of France, and therefore it ought to be explained so clearly as not to admit of any farther difficulty.36 Bolingbroke Endorsement (in ?Robinson’s hand): Lord Bolinbroke/Janry 3. 1712/13.37
1. A contemporary copy of this letter is preserved in BL Add. 22206, fols 81–7.

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See a letter from the Lords Plenipotentiaries to B., dated Utrecht, 30 December n.s. 1712, for discussion of the remaining differences in the projects of peace and commerce following a conference on 29th n.s. between the French and British Plenipotentiaries. NA, SP 84/244, fols 640–4. MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘Treaty of Peace & Commerce.’ 3. The French Plenipotentiaries refused to change the words ‘cedendis’ and ‘restituendis’ in Article 9 of the project of a Treaty of Peace, and insisted that French subjects should be permitted to sell their immovable property in all places given up by France. With so much at stake in the negotiations, the British and French were sometimes over-cautious: ‘stiff because in the dark, neither side knowing whether the subject of our dispute be of great or little or any importance at all.’ Lords Plenipotentiaries to B., Utrecht, 30 December n.s. 1712. NA, SP 84/244, fol. 641. MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘French not to sell their immovables in the places to be yeilded.’ 4. The Lords Plenipotentiaries agreed to let stand French additions to Article 10 of the project of a Treaty of Peace. Lords Plenipotentiaries to B., Utrecht, 30 December n.s. 1712. NA, SP 84/244, fol. 641. MS note written in unidentified hand beside this passage in copy BL Add. 22206: ‘10 Article of the Treaty of peace.’ 5. MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘12 Article.’ 6. Letter 548. 7. MS note written beside this passage in BL Add. 22206 in same hand as body of letter: ‘French fishing on Newfoundland.’ 8. Prior to B., Versailles, 17/28 December 1712, enclosing several documents and letters including a proposal by Torcy demanding the preservation of French fishing rights on Newfoundland. On 8/19 January 1713, Prior sent B. a Memoir by Torcy, dated 14 and 17 January n.s. 1713, concerning Newfoundland. B. Corres., vol. 3, pp. 238–9; 297–8. 9. In conference with Robinson and Strafford, the French refused to yield to the Duke of Savoy the valleys near Exilles and Fenestrelles, and merely offered not to quarter troops there. However, the Lords Plenipotentiaries, who were committed to upholding the Duke’s interests, insisted that France cede these places to Victor Amadeus. NA, SP 84/244, fol. 642v. MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘Barriere of Savoy.’ See Mellarède’s ‘Memorial’ concerning the Duke of Savoy’s Barrier. n.p. 19 December 1712. Départément Des Affaires Étrangères, Paris. Correspondence Politique. I. Angletterre. Vol. 240 (Supplément), fols 269–71v. 10. The French claimed that the Sicilians were opposed to Victor Amadeus, and that the Spanish troops employed there would be unwilling to keep the peace. However, Robinson and Strafford suspected this was only ‘urgd as an argument for dispatching our work here.’ Lords Plenipotentiaries to B., Utrecht, 30 December n.s. 1712. NA, SP 84/244, fol. 642v. MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘Sicily.’ 11. This may refer to a letter from Dartmouth to Sir John Jennings, dated Whitehall, 19 July 1712, which concerns the suspension of arms by sea, and contains orders for not attacking a French Levant fleet of corn ships. New York Public Library, Manuscripts and Archives Division. Montague Collection of Historical Autographs, Box 10. Unfoliated. 12. MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘Elector of Bavaria.’ The French protested, on behalf of Max Emanuel, that if the Dutch

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The Unpublished Letters of Henry St John, First Viscount Bolingbroke, Volume 3 garrisoned Luxemburg, Namur and Charleroi, and if the Emperor refused to make peace, the Elector would be left in exile. SP 84/244, fol. 643. MS note written beside this passage in B.’s hand: ‘I think they deserve to be told que c’est un refus offencant.’ The Resident of Liege handed the Lords Plenipotentiaries a paper for B. concerning the payment of arrears. Lords Plenipotentiaries to B., Utrecht, 30 December n.s. 1712. NA, SP 84/244, fol. 643v. Henry Watkins was agent for James Brydges, Paymaster-General of the British forces. MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘Liege.’ MS note written beside this passage in B.’s hand: ‘The Dutch.’ At a conference between the British and Dutch Plenipotentiaries on 31 December n.s., the Dutch Plenipotentiaries delivered a copy of a letter from the States-General to Queen Anne, dated 30 n.s., together with remarks upon the Treaty of Barrier and Succession. When pressed by the Dutch plenipotentiaries to enter ‘immediately’ into discussion of the Barrier Treaty, the British declined: ‘if they had made direct application to us, we should have been under no difficulty to act according to our Instructions; and as they could not but remember, the Earl of Strafford told them at the Hague, the Proposals we made there were her Majesty’s ultimate, our work would accordingly have been pretty short. But they having laid the whole before ... [the Queen], & prayed that new Instructions may be sent us, we thought it our Duty to wait the return.’ Lords Plenipotentiaries to B., Utrecht, 3 January n.s. 1713. NA, SP 84/246, fols 1–1v. On 3 January n.s. 1713, the Dutch informed Robinson and Strafford they had powers to sign the Barrier Treaty as soon as they had received the Queen’s reply to their letter. Coombs, Conduct, p. 336; for the States-General’s letter to the Queen, delivered by Borssele, see Coombs, p. 366. MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘Portugal.’ The Portuguese ministers at Utrecht gave Robinson and Strafford a copy of a letter from the King of Portugal to Queen Anne, dated 6 December n.s. 1712, offering to leave Portuguese interests to the Queen’s disposal. In order to make their demands more acceptable to the Queen, the Portuguese said they were prepared to renounce all their interests except in Brazil, Alburquerque, Badajoz, the port of Vigo, and the castle of Guarda. SP 84/246, fol. 2. MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘Spanish Ministers.’ MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘Associated Circles.’ The Lords Plenipotentiaries sent B. a representation from the four circles, dated Utrecht 30 December n.s. 1712, promoting their interests at the peace talks. When pressed by the ministers of the Circles, the Lords Plenipotentiaries answered vaguely that the ‘Merits’ of the Circles were well enough known as to ‘render any words of ours needless.’ NA, SP 84/246, fols 3, 5–7. A copy of Article 8 and 9 of the Accession of the Circles of the Electoral Rhine, Franconia, Suabia and the Upper Rhine to the Grand Alliance of 7 September 1701, signed at Nordlingen, 22 March 1702 (ratified by Queen Anne 20 June 1702), was enclosed in a letter from the Lords Plenipotentiaries to B., Utrecht, 3 January n.s. 1713. The Articles are preserved in NA, SP 84/246, fols 9–10. MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘M.r Berendorff.’ On 2 January n.s. 1713, Buys showed Robinson an Ordinance of the States-General offering to pay the Hungarian agent, ‘Bierensdorff ’, 1,000 Gilders (then

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approximately £100). Lords Plenipotentiaries to B., Utrecht, 3 January n.s. 1713. SP 84/246, fol. 3v. MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘No accord among the allys ab.t prisoners.’ This refers to a letter from Mr Voisin to the French ministers, a copy of which was communicated by the French to Robinson and Strafford. It concerned a supposed ‘accord’ between the allies over prisoners taken by Britain and other countries from the French during the war. However, the Dutch ministers denied any such accord existed. NA, SP 84/246, fol. 3v. MS note written in unidentified hand beside this passage in copy BL Add. 22206: ‘Protestants in the Empire, Silesia &c.’ Enclosed with the Lords Plenipotentiaries letter to B., Utrecht, 3 January n.s. 1713: (i) a representation in behalf of members of the reformed religion in Silesia in pursuance of the Treaty of Altranstädt. This demanded equal privileges with the Lutherans, and the freedom to build a church in Breslau. (ii) a representation in favour of the Protestants in Hungary. SP 84/246, fols 11–13v; 15–16. MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘Affaires of the North.’ In a letter to B., dated 27 December n.s., the Lords Plenipotentiaries wrote: ‘We have from M.r Scot the answer he has receivd from y.e King of Poland to his memorial, which we should be very sorry for, were it not that M.r Scott tells us that Kings letter to Her Majesty is fuller ... [and] more like to give satisfaction, & we cannot but believe the unexpected turn of affairs to his disadvantage both in Turky & Pomerania will convince that King of the necessity He is under to cultivate & engage ye ffriendship he will now so much need.’ NA, SP 84/244, fol. 633. MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘P:[rince] Saxony.’ Augustus’s letter to Queen’s Anne, dated Gusrau 16 December n.s. 1712, is preserved in NA, SP 88/20. Unfoliated. The same MS contains a response to Scott’s Memorial, also dated Gusrau 16 December n.s. 1712. On 11 December 1712, Turkey renewed its war against Russia. British Mercury, 391 (31 December 1712). MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘affairs of Catalonia.’ On 6 January n.s. 1713, the Imperial Ministers, Sinzendorf and Michael Achaz, Freiherr von Kirchner, visited Robinson and Strafford to propose ‘several heads of a Convention about evacuating Catalonia, the Transport of the Empress & their Troops’. Lords Plenipotentiaries to B., Utrecht, 6 January n.s. 1713. NA, SP 84/246, fol. 18. Johann Philipp von Hoffmann, Imperial Resident in London. Lords Plenipotentiaries to B., Utrecht, 10 January n.s. 1713, endorsed in another hand (not B.’s): ‘received per [ John] Turner’. NA, SP 44/246, fols 25–9. Turner broke his leg whilst delivering a letter from B. to the Lords Plenipotentiaries (20 January 1712/13) after his chaise over-turned. NA, SP 84/246, fol. 95. When Starhemberg applied to the Duke of Argyll about concerting matters relating to the evacuation of Catalonia, Argyll refused to discuss the matter before his return to England. Lords Plenipotentiaries to B., Utrecht, 10 January n.s. 1713. NA, SP 84/246, fol. 27. The Imperial Ministers claimed that Queen Anne had agreed, by Treaty, or expressly promised to pay the cost of transporting the troops both to and from Catalonia. Lords Plenipotentiaries to B., Utrecht, 10 January n.s. 1713. NA, SP 84/246, fol. 19. The Emperor accepted Queen Anne’s offer of transporting the Empress and Imperial troops from Catalonia, on condition there was a general amnesty in Catalonia and a neutrality in Italy. Lords Plenipotentiaries to B., Utrecht, 3 January n.s. 1713. NA, SP 84/246, fol. 4. A contemporary extract of this letter, comprising this and the previous

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The Unpublished Letters of Henry St John, First Viscount Bolingbroke, Volume 3 sentence, is preserved in the Parliamentary Archives, HL/PO/JO/10/6/239/3069, fols 142–2v. This is endorsed by Robert Harley, Earl of Oxford: ‘reade in ye House/2d Aprill 1714’ (referring to extracts of B.’s letters to the Lords Plenipotentiaries: 19 September 1712; 24 September 1712; 3 January 1712/13; 7 January 1712/13; 13 February 1712/13; 25 April 1713). MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘Trade.’ Remainder of paragraph including signature in B.’s hand; the postscript is in the same hand as the rest of the letter but is signed by B. See Lords Plenipotentiaries to B., Utrecht, 6 January n.s. 1713, enclosing proposals for evacuating Catalonia. NA, SP fols 17–23. MS note written beside this passage in an unidentified hand: ‘vertu’. MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘Trade.’ Signature in B.’s hand. For Torcy’s proposal about the Tariff of 1664, see B. Corres., vol. 3, p. 262; and for the Lords Plenipotentiaries comments on the Tariff, see their letter to B., Utrecht, 10 January n.s. 1713, NA, SP 84/246, fols 25–6. Endorsement (in BL Add. 22206 in unidentified hand): ‘Lord Bolingbroke to/the Lords Plenip:ys/3.d Jan:ry 1712/13 O. S.’ [O.S. inserted in Strafford’s hand]. A second endorsement BL Add. 22206 in Strafford’s hand: ‘L.ds Plenipos Letters of the 27th & 30th/Dec.r & 3.d & 6th Jan:ry N. S. acknowledg’d./ab.[ou]t the Differences in ye Treatys of/Peace & Commerce with France./ab.[ou]t the Barrier of Savoy./ab.[ou]t Sicily./ab.[ou]t the Elector of Bavaria./Monsr. Van Borsele’s audience of/the Queen &c./the pretentions of Portugal./ Those of the associated Circles./ab.[ou]t Mr Berensdorff./ab.[ou]t the Exchange of Prisoners./ab.[ou]t ye protestants [sic] in ye Empire &c./The Prince of Saxony’s Religion./affairs of the north./ab.[ou]t the Evacuation of Catalonia/ab.[ou]t Commerce with France.’

32. 33.

34. 35. 36.

37.

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R. H. L plenipot.
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645. TO: LORDS PLENIPOTENTIARIES: JOHN ROBINSON, BISHOP OF BRISTOL, and THOMAS WENTWORTH, 1st EARL of STRAFFORD and 3rd BARON RABY. Whitehall. 7 January 1712/13. [In a secretary’s hand but signed by B.] Text: MS, BL Add. 37273, fols 11–32.1
Whitehall the 7th Janry 1712/13

My Lords. I send you herewith the Queen’s letter to the States General in answer to theirs of the 29th of December.2 I send your Lo:ps likewise a Copy3 of the Remarks made by the States on the project of a new Treaty of Succession and Barrier &c as they were delivered to me by Monr van Borsele. I have given a Copy of her Maty’s letter to that Minister; but I have not put into his hands any written answer to the Remarks, the Queen thinking it proper to communicate her sense upon those matters only to your Lo:ps. The Flying-Post of the 3d instant, which goes enclosed,4 will let your Lops see that the factious party here had communication, as soon as the Queen, of the Resolution of the States; and in looking over this

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paper you will easily observe the malicious use that they have made of it. And therefore in the beginning of your Conference with the Dutch Plenipotentiarys your Lo:ps are to take notice of it as an Affront and Indignity to the Queen, which her Maty cannot bear; and in speaking of this proceeding you will please to treat it with the severest terms, and with the utmost Indignation, as by the Queen’s express Command. your Lops will likewise do well to let the States know that if they renew those methods of appealing to her Ma:ty’s Subjects, they have nothing to expect from them but the same ill success, which they had when they tryed that way before. I mention this the rather, and dwell the longer upon it, because we have a good reason to believe that the States are running once more into that dangerous Error, which has cost them already so dear, of depending upon efforts to be made on our side of the water to disturb the Queen’s affairs, and that in this view they will keep us in suspence, as much as in them lyes, in expectation of what may be done in parliament to strengthen them by perplexing the Treaty. your Lo:ps will be extremely in the right to use your best endeavours to cure them of any such expectation, as this may be; and you may give them to understand that her Maty apprehends nothing from such a conduct in respect to her own service; She is only concerned for their Interest on this account. 5After this Introduction your Lo:ps may proceed to explain to the Ministers of the States the Queen’s sense upon the several Remarks which were made on the project of the Treaty, and on what was represented by you, my Lord Strafford, at the Hague relating to the Peace. 6 As to the Amendment desired in the preamble upon the Clause, quiq[ue], nisi emendationes aliquæ ex æquo adhibeantur, jam nunc injuriosi, et proinde ex ijs quæ hinc olim sequi poterint, commodis, rationibusqæ subditorum dictæ suæ Regiæ Majestatis periculum allaturi videantur. The Queen thinks these words very much to the purpose, and necessary to be retained; this being one of the four reasons for making a new Treaty of Succession and Barrier; and the omission thereof not only renders the preamble lame, but also gives indirectly a pretence to say that her Maty has departed from those complaints which She made of the ill usage which her Subjects have received, and of the worse treatment which they have reason to fear from the use which the Dutch make of the places and powers given to them in order to form their Barrier. 7 The words, dictusq[ue] Tractatus Articuliq[ue] duo præfati rescinduntur jam, irritiq[ue] declarantur, which are objected to in the first article appear to us to be proper words in this case. and the Queen knows not what the States aim at by excepting against a form of expression which is usual in annulling acts of the like nature; wherefore her Maty thinks that the disputing them has made it necessary that they shoud be insisted upon. 8 As to the amendments in the 2d Article, the Title of most Excellent was used in respect to the Princess Sophia because it is the Parliamentary phrase, and employed in all the acts, Resolutions, or other proceedings relating to the Suc-

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cession. where therefore the Title of an act of Parliament, or any clause of an act is recited, it will be proper strictly to adhere to the words of the Law. in any other place the Title of most Serene may be given, which style her Ma:ty uses as well to the Princess Sophia, as to the Elector of Hanover. The amendment made by the States of adding the words ex Illâ natorum after Hæredum Majestatis suæ Regiæ in the clause beginning at - sin autem conti[n]gerit &c9 would have been unnecessary, if it had not been for an omission in the Transcript of the project sent to them; but it is to be observed that this amendment was equally necessary in places not taken notice of in the Remarks of the States, as in those that were. and it is a little odd that they should not think of adding those words as well in the case of mentioning the Heirs of the Princess Sophia, as in that of the Heirs of the Queen. your Lo:ps will see in the English Draught put into the hands of you, my Lord Strafford, that wherever mention is made of the Heirs either of the Queen or of the Princess Sophia in this article, of her Body, is added, which I find our Lawyers usually express by their Latin phrase de corpore suo; which words may therefore be inserted where they have been omitted. The amendment of adding prædictas [aforesaid] to Leges [laws] is unnecessary, and in some sort improper; since as there have been several Laws already made relating to the Protestant Succession, so probably there may be others hereafter. and thô the Treaty can only referr to such Laws, as now exist; yet the clause of Guaranty should have relation in general to all which have been, or may be made. The amendment of adding the words ex Illâ natis after the words Hæredibus Ejus, is answered by what was said before. The amendment of adding the words nunc determinatam, after the words Devolutionem, Limitationem, Hæreditatemve Coronæ ejusdem Regiæ,10 is of a very extraordinary nature. the Law says that no person has any Right to question or oppose any provision made by the parliament of Great Britain touching the Descent, Limitation and Inheritance of the Imperial Crown thereof; and it is made High Treason to contradict this position. now the amendment of the States either means nothing at all, or does in the recital of this very Law contradict it. for to assert that Inheritance of the Crown to be now determined, which no power or person hath any Right to question or oppose, implyes very strongly that any power or person might question or oppose any future provision of parliament touching the Descent, Limitation, and Inheritance of the Crown, which in a Subject of the Queen’s is, according to what is abovesaid high Treason. your Lops may observe the invidious affectation of the States in their Remarks on this Article, and you would do well to let them know how much the Queen is obliged to them for assisting her in explaining the Laws of Great Britain. but her Maty having ordered the Omission in the Transcript to be rectifyed, does not think fit to admit of the other amendments of the States.

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I am to take notice to your Lo:ps of two small alterations which should have been made in the Latin Transcript, as being more conformable to the originall English Draught. in the beginning of this Article, the disjunctive particle vel in the period et deficiente prole ex Regina vel Rege supramemoratis oriundâ,11 is not agreable to the true meaning of the Law, as implying that after the Heirs either of the Queen or of the late King, the Princess Sophia should succeed. whereas it is to be taken in the conjunctive sence, after the Heirs both of the Queen, and of the late King. your Lops will find in the English Draught that the word and is used, and if in the Latin Copy atq[ue] etiam were put in the room of vel,12 the expression would be more proper in this case, & conformable to the intent of the Act. Towards the end of the Article in the clause sin autem contigerit &c if after the words Bello aperto vel Conspiratione the word proditoriâ13 were inserted it would more exactly answer the terms of the Law; in the English your Lo:ps will see it is, Traiterous Conspiracy. But if the Dutch should think that we have any particular aim in this, you will please to treat it as an amendment very indifferent. 14 Upon the Amendments to the 4th Article your Lops may observe, That as to Condé, the Queen is not, as She expresses her self in her letter to the States, in a condition to insist on the same things for them now, as She was in the beginning of the last year. and it may be added, that neither are they very well entitled to expect the same advantages from France, and the same assistances from her Maty, after doing all that was in their power to force the Negociation out of their hands, and to break thrô all the measures taken to promote a peace; after having put all the partys concerned in the warr to that Expence of Blood and Treasure, which the last Campain has cost; and after having thrown away that Superiority in the field by separating from the Queen, which they maintained as long as they continued united with her, as they might have expected had they from the first complyed with her Maty’s desires, and their own Interest. you my Lord Strafford was instructed to call upon them for the last time, to give them notice that the Queen could keep her Treaty no longer open, and to inform them not so much what preliminarys they might have to negociate upon, as what seemed to be the 15ultimate Resolution their delays had encouraged France to take. the substance of this answer, which is applyed to the demand of Condé,16 may likewise be applyed, as I shall observe on the 2d part of these Remarks, to the case of his Imperial Maty, of the four Circles, and others, with this addition, That her Maty, as She long ago declared in her speech to parliament, does not take upon her to determine the Interests of her Allys; that the Congress still subsists; that they may treat for themselves; and that the best offices, which they have left it in her Maty’s power to employ, will still be used for them. 17 As to the leaving out Dendermonde, your Lops will observe that there is a great difference between the influence which that place has, and which the Castle of Gand has with respect to the Navigation of the River. for, as your Lo:ps

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will have seen in the marginal observations on this article in the project, the Schelde not passing under the Castle of Gand, the Commerce thrô that Town seems not to be so immediately commanded by the garrison in the Castle; But Dendermonde lying upon the River, which runs thrô several of the works, renders the Trade of it very insecure and precarious whenever the possessors of that Town shall think fit to interrupt the passage. this distinction, however slight at the bottom it may appear, whenever there is any danger of our Commerce being obstructed, the Queen has laid hold of out of her good disposition to gratify the States in respect to the Castle of Gand, and wherever there was the least colour for it, her Maty has readily taken the advantage in their favour. Upon the demand of putting a Dutch Garrison into Fort St Mary18 in case the point of Dendermonde is not yielded; your Lops may take notice how insincere the States are in their pretences, and how much more they aim at blocking up the great Towns, and interrupting the Trade of the Netherlands, than barely at keeping a communication with their Barrier. Dendermonde indeed by its situation appears to be proper enough to keep the Communication they pretend to want. but Fort St Mary which lyes below Antwerp cannot be very usefull for that purpose, but seems rather intended to be a bridle to that city, and to strengthen their command over the commerce of the Schelde. Upon the amendment made in the first part of the 5th Article it was observed that the addition of the words vel etiam provinciæ Hispano – Belgicæ,19 as it seems not lyable to objection, so neither is it of any necessity: In the 3d Article it is provided non solum ut Provinciæ Hispano – Belgicæ, verum Urbes, &c firmando Ordinum Generalium Repagulo sive Barriere inserviant.20 If therefore these Countrys are made in general, as they will be by this Treaty, the Barrier of the States, to attack them will be to attack the States. The words vel ejus adhærentibus,21 will leave the Restriction too general, and will give the States an opportunity, which is what her Maty would avoid, to take possession of these provinces whenever they please, and to make use of them against whomsoever they please. the words, aperte potuerit Galliam Ipsos aggressuram esse,22 are expressive enough to answer the cases which they suppose; for let France attack them under what borrowed names, and thrô what artificial canals she pleases, if France appears really to be at the bottom of the design, the States will easily apply these words aperte potuerit to secure themselves, and use the Right of doing what this Article empowers them to do. 23 Conventum verò cum sit quod provinciarum Hispano – Belgicarum proprium et supremum Dominium ad Cæsaream suam Majestatem pertineat &c in the beginning of the 9th Article, is a supposition very proper, and a common form used in Treaty, thô the matter spoke of has not been antecedently settled to the making of the Treaty. the Sovereignty of these Countrys, which are taken from France, can go to no one so properly, as to the Emperor, and her Maty does not

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care to leave the matter indefinite. the Queen indeed is at a loss to find by what Title the States pretend to have more to do in the disposal of this Sovereignty, than her self; or how they come to be better entitled than She is to ask an Equivalent for the Cession of it. It is observable that this proceeding of laying a claim to the sovereignty of the places to be yielded by France, which were not in the possession of King Charles the 2d at the time of his death, or at least to the disposal of it, as if it were their own, is not of a piece with the frequent professions made by the States that they seek not Dominion, that they only ask security. the Declarations they made in their letter to her Maty of the 19th of Feb: last 1712 – (que nous n’avons jamais eu la pensée, ni ne l’avons pas encore de nous rendre maitres des pais Bas Espagnols en tout ou en partie;) and those they have newly made in their last – (nous n’avons en veüe pour notre Etat que la Conservation de nos Droits et notre Seureté, et point d’autre augmentation ou aggrandissement que celuy qui nous est necessaire pour cette conservation et seureté)24 seem here not easily reconcileable with their pretending to dispute a part of the Right of Sovereignty with the Emperor, & not to yield it but conditionally. The remaining Remarks upon this Article are of such a nature, as make it impossible for her Maty, and if it were possible, unjust to agree with the States upon them without the participation of the prince to whom these Countrys are to belong. Besides which it would be a work of greater time than can now be spared to make the several distinctions and appropriations of the Revenues and other matters therein mentioned. the general words are sufficient; the Detail of these and other points must be settled by virtue of a subsequent Convention before the Emperor can be admitted into possession. and therefore as on the one hand the States run no danger, so on the other it is not reasonable that they should tye the Queen down to so blind a Bargain. 25 As to the amendment upon the 12th Article her Maty sees no objection to the mentioning the Trade of the States General, as well as that of her own Subjects. It was only left out because they had not inserted it themselves as a condition for delivering up the Spanish Low-Countrys to the Emperor, in the Article of the first Treaty which answers to this, and because there is much less need of a provision to secure their Trade than to secure ours. But your Lo:ps will observe that the Clause Donec Commercia utilitatesq[ue] Subditorum Magnæ Britanniæ et Unitarum Belgij Provinciarum ad mentem Regiæ Suæ Majestatis et Dominorum Ordinum Generalium accommodatæ fuerint,26 is perplexed, and may run us into an absurdity by making the States a party to the settling of our Commerce to their satisfaction as well as the Queen’s, and so on the contrary her Maty would have the clauses separate Donec Commercia utilitatesq[ue] Subditorum Magnæ Britanniæ ad mentem Regiæ suæ Majestatis, itidemq[ue] Commercia atq[ue] utilitates subditorum Unitarum Belgij Provinciarum ad mentem Dominorum Ordinum Generalium accommodatæ fuerint.27

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The other particulars that follow after from Cæterum intra spatium28 &c the Queen does not think fit to enter into at present, but takes them to be proper considerations for those Commissarys who are to meet after the Treaty, and not for the Treaty it self. Neither the Emperor nor the Spanish Netherlands need take any umbrage at her Ma:ty’s designs, She aims at nothing further, than the settling the Commerce of her Subjects on the foot it was in the time of King Charles the 2d,29 and the securing it from encroachments by reason of the Barrier. 30 The first part of the Observations on the 13th Article seems to be nothing but chicane. All her Maty desires, as I have said just before, is to enjoy the same as She enjoyed before the Warr, to have proper provisions made, to prevent future grievances by means of the Barrier, and to secure to her self a Right of claiming for her Subjects hereafter such privileges and advantages as the States General may by means of the power, which this Treaty gives them, obtain for theirs. It must be owned that if upon examination it shall be found that the Subjects of her Maty had any privileges in the time of King Charles the second particular to themselves, & distinct from those allowed to the Dutch, her Maty thinks She is well founded to insist upon having them continued in the same manner, and sees no reason that her Subjects should suffer in any wise, because their blood and Treasure have been so long exhausted to procure this accession of strength to the States. It may be likewise observed that an Equality in stipulation, would not very probably prove an Equality in effect, when the Dutch would have all the strong places in their power, and so many other privileges, distinct from ours, on account of their Barrier in ten provinces. If the Dutch were not to have these possessions, and this Country was not to be thrown into quite a new form of government, there would be no need of these provisions. It is their Barrier which puts our Trade in danger; therefore such precautions are necessary for us, as they have no occasion for. 31 As to the clause or Article which they desire relating to the Schelds, the Canals of the Sas, Swyn &c, It is matter of great surprize to the Queen to see that the States still insist on one of those advantages, which were in so shamefull and so imposing a manner, even against the Rule laid down by themselves, obtained from us in the first Treaty. It is true that by the Articles of the Treaty of Munster32 they got those privileges from the Crown of Spain. but let it be observed at the same time that in a little upwards of forty years after the death of Queen Elizabeth,33 that princess who so gloriously and so generously raised and supported their Republick, they procured stipulations so prejudicial to these Kingdomes, and at a time too when England was under such confusions as made her wholly unable to speak for her self. And would they now too, after we have done so great things for their aggrandizement, make us a party to this Treaty, and engage our formal consent to conditions which were got without our knowledge or approbation, and against our Interests.

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The term of 15 days for the meeting of the Commissarys may be prolonged, by making it à Ratihabitione hujus Tractatus instead of à subscriptione,34 which will give time enough. for all unnecessary delays are to be avoided upon this head, because there can be no settlement of the government of these provinces, neither can her Maty’s Troops evacuate Gand and Bruges untill the work be concluded, which these Commissarys are to meet upon. 35 The Amendments to the 14th Article are already answered in the observations on the amendments to the 2d. 36 Upon the 15th Article the Queen sees no need either of limiting the time, or of specifying any particular Invitation. What is proposed by the States for making good the Repayment of the Summs borrowed on the Revenues of the Ten Provinces for the service of the War, seems reasonable; and her Maty will no doubt joyn with the States in obtaining the Confirmations necessary of the Emperor. But they themselves give a reason in their own Remarks why the Queen’s guaranty is unnecessary in this case; and that is, that She her self is a party to all these agreements. 37 As to the upper quarter of Guelder, it is to be observed, 1st that the Treaty by which they claim their Right to it, gives them that Right on condition of an Equivalent only. 2ly that the Equivalent which the States now propose, is really none of their own to give; and 3dly that the argument drawn from the necessity of a communication is full as strong, if not stronger against them than for them. for it is certain that they have hitherto maintained their communication with Mastricht, thô Venlo, Ruremonde, and the places on the Maes were not in their hands. And it is as certain that if they were put into their hands all Communication would be thereby cut off between the Empire and the Ten Provinces; and the latter absolutely and without interruption would be invested by the power and possessions of the Seven.38 the Queen is therefore desirous to have this Article amicably adjusted with his Imperial Maty and the Empire; and She flatters her self that the States Generall will not find fault that She shows this regard to them, to whose Representations, and to whose Interests their High Mightinesses have in the course of this year paid so much respect. 39 As to Bonn the Queen thinks there is not the least colour for insisting on it. and as to Keyserswaert their demand is new./ In relation to the 2d part of the Remarks of the States, which are on what you, my Lord Strafford, represented at your return to Holland concerning the peace;40 what is mentioned about Condé, is already answered by what has been said on the amendments to the 4th Article. The Expression of – estant proposé par le Comte de Strafford &c41 is to be taken notice of as not right nor proper. for they were the propositions of France which the Queen communicated to the States, but did not make her self; and therefore She would not have it mistaken, as if they were of her dictating. As to

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Luxemburg there have been some thoughts of giving it to the Duke of Lorrain as an Equivalent for the Montferrat, which he so justly demands, and which has been so solemnly promised him. If he be put in possession, it will be necessary in that case to take care of garrisoning the Town, and not leave so important a place to so weak a prince as that Duke. the Queen had not determined any thing in her own mind concerning the disposal of Luxemburg, and She will have no dispute with the States on this head. her Maty is easy & ready to negociate with the Imperialists and the Dutch, and to come into such Expedients as may be proper, which way soever this affair turns, whether it be given to the Duke of Lorrain as an Equivalent, or left to the Emperor. 42 As to the four Species which France pretends to except in granting the Tarif of 1664, it is a point in which the Queen is concerned as well as the States according to their own Remarks. therefore there is no doubt to be made but that she has done all that she could do to get these Exceptions dispensed with. But I believe at last her Maty would not think that she made an ill Bargain, if the Tarif of 1664 were effectually granted both to her and to the States, and some Expedient were found as to the four Species; such as this perhaps, the referring them to Commissioners43 to compromise the difference between France on one side, and the Queen and the States on the other. your Lo:ps will please to observe that I say at last, because her Maty’s opinion is that this matter should, if possible, be determined in the Treaty, and nothing left to Commissioners. 44 In relation to the Principality of Orange, and what belongs to the Succession of the late King William within the Territorys of France, the Queen does not understand that there is any dispute with the French Court about that matter, but looks upon it as a point yielded. her Maty thinks what the States propose just, of having that Succession put into their hands as Executors of the late King to be disposed of as it shall be agreed, or determined by Law. but as this is an affair which must be discussed with the King of Prussia, the Queen will readily employ her good offices in adjusting it. 45 As to the great Debts which the States pretend to be due to them from the Crown of Spain it is very reasonable they should treat for the payment of them; and when the Spanish Ministers come to the Congress they will have an opportunity of doing it themselves. 46 Upon the Terms for the allys and the restitution of Strasbourg I have nothing in Commission to say further than what has been already explained in the case of Condé, except this which I may add from my self, that I remember to have seen the time when Strasburg might have been obtained. but the Emperor, the Princes of the Empire and the States may thank themselves if that opportunity was lost. 47 The particulars mentioned in the last Article of these Remarks about the Duke of Savoy, the Elector of Bavaria &c are matters of Negociation, and the

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Queen is willing in conjunction with the States to take all methods of perswasion with the Emperor, wishing they may have more effect now, than they formerly had upon him./ 48 I must not finish these observations without taking notice of one particular in the Remarks on the 9th Article which had like to have slip’d me. the States are very carefull to have a stipulation made in favour of the protestant Religion in the Towns and Countrys to be yielded by France. such a Clause was not indeed inserted by us because we had no notions of any protestants being there, since it was a Country that when it belonged to Spain was under the severity of the Inquisition, and since it has been so long under the Dominion of France it is not likely that the Protestant Religion has been able to spread much. But her Maty is very ready to agree to any Clause or Article that shall be thought proper for preserving liberty of Conscience, and the exercise of the protestant Religion to those that make profession of it. 49 I think I hardly need say any thing to your Lo:ps concerning the 2d separate Article, the States being apprized, and your Lops knowing, that the Queen agrees that it should stand, as it did in the former Treaty. I have now gone through these long Remarks, and by what has been said your Lops will see that except in one or two instances of no great moment, the Queen does not think fit to admit of any amendment proposed by their High Mightinesses to the Treaty. so that the only alterations which will be suffered to be made are, a Clause for the preservation of the protestant Religion in the places & open Country yielded by France, if it shall be thought fit for this Treaty, rather than for the subsequent Convention to be made with the Emperor; and the inserting a Clause in favour of the Trade of the States General as it is mentioned in the observations on the amendments to the 12th Article.50 These the Queen agrees to in complyance with the States. Besides the particulars taken notice of in the 2d Article which were only omissions in the Transcript; and in speaking of these last to the Dutch Ministers your Lops will please to acquaint them that they were amendments made not upon their Remarks, but upon the omissions in the Copy. your Lo:ps are to conclude by letting these plenipotentiarys know that for the reasons abovementioned the Queen thinks that, if the States are sincerely inclined, as they pretend, to root up and take away all seeds of Division, there can be no pretence, no room whatsoever to object to the signing the Treaty forthwith, as it now stands. And therefore her Maty expects that without any further delay this Bone of Contention should be removed, and the Treaty immediately closed. your Lops will observe to them that this is a surer, as well as a more decent way of prevailing with the Queen to back and assist them in their disputes with the Emperor, and with other powers, than by endeavouring to tye her Maty down by formal Articles to support them in every usurpation, little

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or great, that they have a mind to make upon the Revenues or privileges of the Spanish Netherlands. 51 Since I came thus farr I have had the Flying Post of yesterday brought to me, which I send inclosed. in it your Lo:ps will see that several articles of the project are printed, with a malicious Translation added to them. It is certain that the Copy did not come from me, and it is as certain that it could not be given by your Lo:ps, and therefore it must have been communicated by the States as other things have been before . This is such usage as the Queen can by no means submit to. if projects of solemn Treatys under dabate, if papers of the highest consequence unsigned must be given out to be published in Libels and scandalous news papers, these proceedings are not to be endured, and we must break off all correspondence with the Dutch./ 52 Notwithstanding that my dispatch is already run to so excessive a length, yet I must according to my promise run thrô the heads of a Convention for evacuating Catalonia, which I received in your Lo:ps letter of the 6th. her Maty has considered them, and thinks that for the most part they are very reasonable. I shall endeavour to be as concise in the Remarks as I can; but your Lops will please to take this along with you, that wherever the Queen’s sense is delivered upon these matters, her Maty pretends to determine nothing, She only observes. The 1. 2. 3. 4. 5. & 6th Articles her Maty approves. As to the 7th Article which reserves the regulating what is further necessary in this business to the Generals and Admirals. Sr John Jennings will have this Commission on the Queen’s part, and will be ordered to supply what the Duke of Argyll should have done, in concerting the Evacuation, in taking care of the Transportation of the Troops, and in mediating between the two partys in the Execution of this whole affair.53 The 8th Art[icle] salvis addendis seems unnecessary after what is said in the th 7 [.]54 Upon the 9th Article I am to take notice, that as to a particular Amnesty for the Catalans, and the Security of their Estates and honours it suffers no difficulty, the King of Spain having already granted that in complyance with the Queen’s desires. But I believe, from the answer which my Lord Lexington received upon that head, if the point of privileges is insisted on it will create difficulty. Her Maty however will certainly endeavour to get for them all that can be got.55 In relation to the 10th,56 11th,57 and 12th58 Articles, which stipulate a general Amnesty and the conditions of it; It is thought too hasty to pretend to stipulate a general Amnesty here, which seems more proper to be treated of in the general peace, and if Spain should consent to it in this Convention the Emperor must think of making it reciprocal. your Lo:ps will observe that the particular Amnesty for Catalonia, before any thing reciprocal is granted on the part of the Emperor, is an advantage which we have gained from Spain. and whatever is defective in that

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may we hope be supplyed when the general one comes to be settled, which as I have said must be equal on both sides, and which from what I find by the Marquis de Monteleon,59 who is here, will easily be consented to on the part of Spain upon the Scheme chalked out in this project of a Convention. As to the Tax payable by the Grandées mentioned in the 12th Article, if the King owns their Titles it is believed they must pay it, if not, it will hardly be expected of them. To the 13th 14th, 15th, and 16th Articles the Queen has no objection; only as to the latter her Maty observes that it seems more properly to belong to the Treaty of peace, than to this Convention. As to the 17th Art[icle],60 which relates to the Neutrality of Italy, her Maty thinks that is drawn in too general terms. your Lops will please to consult the Ministers of Italy, and particularly those of the Duke of Savoy how to render it more full and distinct. In the 18th Article her Maty thinks it not improper to add ny aucune autre puissance ou Estat pendant la continuation de cette Neutralité, after nis de même l’Empereur.61 As to the charge of the Transportation, I am afraid, as I told your Lops in my last, that the assertion of the Imperialists is too well founded to be denyed. however we must come off as cheap as we can; and they must not think of throwing the whole, or any unnecessary Expence upon the Queen, but must make use of such helps as they have in those parts. What Transports they have or can get from Naples, or the Islands, and what belong to Catalonia ought to be employed in this service; and Sr John Jennings62 will then take care to supply the Remainder in the best manner he can. your Lops will do well to take notice to the Imperial Ministers, if you have not done it already, that althô the Queen makes the Neutrality of Italy the condition of her transporting the Emperor’s Troops from Catalonia; yet Sr John Jennings will have always orders to transport the Empress whenever She shall please to call upon him./ 63 I must not conclude without saying something more upon that part of your ps Lo dispatch of the 10th which relates to our Treatys in agitation with France. 64 It is true, as your Lo:ps observe, that her Maty in May last proposed to have such points referred to Commissioners as could not be settled in the Treaty of Commerce. But then She thought that probably She might have been so pressed in time to conclude, that She could not maturely discuss the particular Interests of her Subjects on the heads of Trade. But as the Negociations have since been lengthened She has duely weighed that matter, and intirely agrees with the French King’s opinion, as your Lo:ps will see it in the inclosed Extract of Monr de Torcy’s answer of the 10th of June,65 that it is much better to remove all cause of division between the two Nations, & to terminate every dispute on the subject of Commerce at Utrecht. This is the more disirable because by looking into

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The Unpublished Letters of Henry St John, First Viscount Bolingbroke, Volume 3

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Endorsement (in ?Robinson’s hand): Lord Bolinbroke/Janry 7.th 1712/1374
1. 2.

several particulars in Mr Pryors Letters I am more and more confirmed, that the French intend by their Com:[missione]rs to reform intirely our books of Rates, and bring them to an equality with their Tarif of 1664.66 67 I am very glad to see by the paper inclosed in your Lo:ps letter of the 10th that the differences in our Treaty of peace are brought to so narrow a compass.68 the principal point, besides that of Cape Breton and the Fishery on Newfoundland, seems to be concerning the Clause, Et Bona sua immobilia vendendi.69 It is wondered why the French are so very stiff in that matter upon Accadie, and St Christophers,70 which we have taken from them, and are in actual possession of. the Treaty of Breda which they alledge, is a Treaty which we look upon here with shame and regret. but, if I mistake not, we were then Masters of Accadie & Nova Scotia, and the French were not well founded to pretend that we had usurped that possession of them, or had deprived any of their Subjects of their Estates; which makes a principal difference. I did not expect they would appear so easy in respect of Newfoundland.71 for thô we pretend an ancient Right to all that Island, yet as to the French Colonys about Placentia I do not know that the Queens subjects ever made any settlements there, that we might complain were unjustly taken from them. 72 As to the addition in the 20th Article, we thought that those general words would have done our business, as being a tacit Repeal of the Clause of the 4th Article of the Treaty of Ryswick, and at the same time salved well enough the point of honour in France. If the protestant Ministers will be contented with less than the Queen has insisted upon her Maty can’t help it; but She thinks it proper that your Lo:ps should stick to the additional Clause to the last.73 I am my Lords with much respect yr Lordsps most humble & obedient servt Bolingbroke

3.

Contemporary copies of this letter are preserved in: BL Add. 22206, fols 93–110; and Parliamentary Archives, HL/PO/JO/10/6/239/3069, fols 142v–3 (extract) – this last extract is endorsed by Robert Harley, Earl of Oxford: ‘reade in ye House/2d Aprill 1714’. Harley’s endorsement also refers to extracts of seven other letters from B. to the Lords Plenipotentiaries written on the same sheet of paper: 19 September 1712; 24 September 1712; 3 January 1712/13; 7 January 1712/13; 13 February 1712/13; 25 April 1713. MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘See vol. 3.d, fol. 172 & 174’. Queen Anne’s letter to the States-General, dated St James, 7 January 1712/13, is printed in Curtis Brown, pp. 398–9. MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘The Dutch see vol: 3, fol. 164.’ The following documents were enclosed with this letter: (i) ‘States Gen.ll Remarkes on the Project of a New Treaty of Succession and Barrier, and upon the propositions relating to Peace made by the Earl of Strafford’ (endorsed: ‘Sent

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4.

5. 6.

7.

8. 9.

10.

11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22.

from England in Ld. Bolingbroke’s Letter of ye 7th Jan.ry 1712/13’.) (ii) ‘Remarques sur les Conditions de la Paix contenües dans les Propositions de Mons.r le Comte de Strafford’ (endorsed: ‘sent from England in L.d Bolingbroke’s Letter of the 7th Jan.ry 1712/13’.) BL Add. 22206, fols 111–18; 119–20v. Enclosure missing. MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘Flying Post.’ A text of the Barrier Treaty in Latin with English translation was printed in Flying Post or the Post Master, 3319 (3–6 January 1713). MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘Answer to the Remarks on ye. Project of a new Treaty of Succession & Barriere &c.’ quique, nisi emendationes ... : and which unless some amendments might be fairly added would now seem injurious and dangerous particularly from what might follow to the convenience and concerns of the subjects of her aforesaid royal Majesty. (Draft clause of the preamble to the Treaty of Guaranty of between Great Britain and the Netherlands eventually signed at Utrecht, 29, 30 January 1713.) MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘Preamble.’ dictusque Tractatus ... : ‘and the said treaty, with the two articles before-mentioned, are hereby rescinded and declared void, in the same manner as if they had never been concluded or ratified.’ (Draft of Article 1 of the new Barrier Treaty. Translation from Parry, vol. 27, p. 387.) MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘first article.’ MS note written beside this passage in copy BL Add. 22206 in the same hand as body of that letter: ‘2.d Article.’ ex Illâ natorum: born from her; Hæredum Majestatis suæ Regiæ: heirs of her Royal Majesty; sin autem contingerit: but if it happened; de corpore suo: from her body. (Draft of Article 2 of the new Barrier Treaty.) nunc determinatam: now determined; devolutionem, Limitationem ... : devolution, limitation, or inheritance of the crown, of the same kingdom. (Draft of Article 2 of the new Barrier Treaty.) For the States-General’s observations on Article 2 of the project of the new Barrier Treaty, see BL Add. 22206, fol. 111v. vel: or; et deficiente prole ... : and in the absence of offspring from the aforesaid queen or king. atq[ue] etiam: and also. sin autem contigerit: but if it happened; bello aperto vel Conspiratione: open war or conspiracy; proditoriâ: traitorous. (Draft clauses from Article 2 of the new Barrier Treaty.) MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘4.th Article. Condé.’ MS note written beside this passage in another hand: ‘{B}’. The French refused to cede Condé to the Dutch. MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘Dendermonde.’ MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘Fort S.t Mary.’ vel etiam ... : or even the Spanish Netherlands. non solum ut ... : not only that the provinces of the Spanish Netherlands, but also the cities, etc might serve as a barrier or defence for the States-General. vel ejus ... : or his adhering. aperte potuerit ... : [if ] it could be openly [seen] that France was going to attack them.

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23. Conventum verò ... : indeed it is agreed that the proper and supreme dominion of the Spanish Netherlands rests with his Imperial Majesty. MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘9.th Article.’ 24. que nous n’avons jamais ... / nous n’avons en veüe ... : that we have never thought, nor have we ever taken control of the Spanish Netherlands in part or in their entirety./We wish for our state only the preservation of our rights and our safety, and no other increase or enlargement than that which is necessary to us to preserve this safety. 25. MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘12.th Article’ of the 1713 Treaty of Barrier. 26. Donec Commercia ... : until the commerce and concerns of the subjects of Great Britain and the United Provinces be adjusted to her Majesty’s and their High Mightinesses’ satisfaction. (Draft of Article 12 of the 1713 Barrier Treaty.) 27. Donec Commercia ... : until the commerce and concerns of the subjects of Great Britain be adjusted to her Majesty’s satisfaction, and until the affairs and interests of the subjects of the United Provinces of the Netherlands be regulated according to the intention of their High Mightenesses the States General. (Draft of Article 12 of the 1713 Barrier Treaty.) 28. Cæterum intra spatium: within the remaining space. 29. Carlos II, King of Spain (1661–1700; r. 1665–d.). Cf. B. to the Lords Plenipotentiaries, Whitehall, 4 December 1711. B. Corres., vol. 2, pp. 37–8. 30. MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘13 Article’. 31. MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘The Schelde &c’. 32. Treaty of Münster between the Dutch Republic and Spain, signed 30 January 1648. 33. Elizabeth I supported the Dutch revolt against Phillip II of Spain in 1567. B.’s praised Queen Elizabeth as a patriot queen in his polemical writings of the 1720s and 30s. See for example his Remarks on the History of England (1730–1). 34. à Ratihabitione ...: from the ratification of this treaty; à subscriptione: from the signing. 35. MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘14.th Article.’ 36. MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘15 Article.’ This Article invited all kings and states who wished to come into the treaty to do so provided that such invitations were made jointly by the Dutch and the British. 37. MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘upper Quarter of Guelder.’ A separate article in the Barrier Treaty concluded on 29 October 1709 stipulated that ‘the States General shall have the entire property and sovereignty of the upper quarter of Guelder’. Parry, vol. 26, p. 434. 38. i.e. the Republic of the Seven United Provinces. 39. MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘Bonn[,] Keyserswaert’. 40. the 2d part of the Remarks. This refers to the States-General’s remarks on the conditions of peace contained in Strafford’s proposals. BL Add. 22206, fols 119–20v. See also Strafford to B., The Hague, 14 December n.s. 1712, enclosing a copy of the register of the resolutions of the States-General, dated 10 December n.s. 1712. NA, SP 84/243, fol. 306v. 41. estant proposé par ... (from remarks of the States-General, part 2): ‘qui etant proposé par Mon.r le Comte de Strafford, que l’Electeur de Baviere demeureroit en possession de Places de Luxembourg, de Namur et de Charleroy, sujettez pourtant aux Termes de la Barriere de l’Etat, jusques à ce que le dit Electeur sera retabli dans son Electorat de

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42. 43. 44. 45. 46. 47. 48.

49. 50.

51.

52.

53. 54.

55.

Baviere, à l’exclusion du haut Palatinat, et remis dans le Rang et la Dignité du 9.e Electorat’. [Translation: which being proposed by the Earl of Strafford, that the Elector of Bavaria should remain in possession of Luxembourg, Namur, and Charleroi, subject to the terms of the Barrier, until the said Elector be restored to his Electorate of Bavaria, excluding the Upper Palatinate, and returned to the rank and dignity of ninth Elector]. BL Add. 22206, fol. 119. Max Emanuel was restored to the Upper Palatinate by the Treaty of Peace between the Emperor and Spain and France, signed at Baden on 7 September 1714. This was against the wishes of the Elector of Palatine, who immediately ordered his minister, Baron Seckingen, to make a protestation against surrendering the Upper Palatinate before he had received due satisfaction in the form of an equivalent. London Gazette, 5272 (26–30 October 1714). MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘4 Species.’ MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘Commiss.rs’ MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘P.[rincipalit]y of Orange.’ MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘Debts pretended from Spain’. MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘Strasburg.’ MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘D:[uke] of Savoy El:[ector] of Bavaria’. MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘9.th Article of the Treaty of Barriere’. For the Remarks of the States-General on Article 9, see BL Add. 22206, fols 113–13v; passage referred to is at, fol. 113v. MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘Separate Art:[icle]’. Article 12 of the 1713 Barrier Treaty, stipulated that the government of the provinces of the Spanish Low Countries would not change ‘until the commerce and concerns of the subjects of Great Britain be adjusted to her Majesty’s satisfaction, and until the affairs and interests of the subjects of the United Provinces ... be regulated according to the intention of their High Mightinesses the States General’. Parry, vol. 27, p. 391. MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘Flying Post’. This may refer to Flying Post or the Post Master, 3307 (6–9 December 1712), which contains a synopsis of the plan of peace. MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘Convention for evacuating Catalonia.’ See draft proposals for evacuating Catalonia, enclosed in a letter from the Lords Plenipotentiaries to B., dated Utrecht, 6 January n.s. 1713, with B.’s MS notes. NA, SP 84/246, fols 18, 21–6. On 14 March 1713, a Convention was signed by the Emperor, Spain, Great Britain, and France for the evacuation of Catalonia and for an armistice in Italy. B.’s MS note to Article 7 of the draft proposals for evacuating Catalonia: ‘this com. to Sr J:[ohn] Jen:[nings] & he order’d accordingly’. NA, SP 84/246, fol. 21v. salvis addendis [from Article 8 of the draft proposals for evacuating Catalonia]: saving the things to be added. MS note by B.: ‘seems unnecessary after ye 7.th’. NA, SP 84/246, fol. 22. B.’s MS note to Article 9 of the proposals for evacuating Catalonia: ‘all yt can be got should be got for them. send ye plenip: ye answer Ld Lex: has recd on this head. they shall

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The Unpublished Letters of Henry St John, First Viscount Bolingbroke, Volume 3 have pardon and estates not priviledg.’ NA, SP 84/246, fol. 22. On 3 February n.s. 1713, the Lords Plenipotentiaries wrote that the French and Imperial ministers had reached agreement on all main points respecting the evacuation of Catalonia and the suspension of hostilities in Italy, as well as the security of the Italian princes. The only point still unsettled was the Catalans’ ancient Privileges, this despite Sinzendorf ’s determined efforts on their behalf. NA, SP 84/246, fols 88v–9. The Catalans wanted to safeguard the ‘independence of a number of representative institutions, which would be lost when the king’s writ ran in Catalonia, not as king of Aragon, or as count of Barcelona, but as king of Castille.’ Francis, First Peninsula War, p. 369. B.’s MS note to Article 10 of the proposals for evacuating Catalonia: ‘this cannot be here, this must be in ye treaty of peace & must be reciprocal. it is an advantage yt we gain to have ye amnisty of Cat. obtain’d previously to ye settlement of ye Gen: Amnisty.’ Lords Plenipotentiaries to B., letter dated at Utrecht. NA, SP 84/246, fol. 22. B.’s MS note to Article 11 of the proposals for evacuating Catalonia: ‘answerd already.’ NA, SP 84/246, fol. 22v. B.’s MS note to Article 12 of the proposals for evacuating Catalonia: ‘ye same[.] if ye K: owns their Titles they must pay if he does not they will not pay.’ NA, SP 84/246, fol. 22v. Don Isidro Casado de Avezedo y Rosales, Marquis de Monteleón, Spanish Ambassador at London and Utrecht. B.’s MS note to Article 17 of the proposals for evacuating Catalonia: ‘this art: very gen:[eral] concert with ye Sav:[oyard] Min[ister] how to render it more part:[icular]’. NA, SP 84/246, fol. 23. ny aucune ... : either any other power or state during the continuation of this neutrality/ or even of the Emperor. B.’s MS note to Article 18 of the proposals for evacuating Catalonia: ‘add ny aucune autre puissance on Etat pendant la continuation de cette Neutralité.’ NA, SP 84/246, fol. 23. This addition does not appear in the published Treaty. In March 1713, Jennings escorted Empress Isabella Cristina of Brunswick-Wolfenbüttel from Barcelona to Genoa. MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘Treatys with France.’ MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘Commiss.rs about Commerce.’ The Lords Plenipotentiaries decided to refer the remaining disputed points in the Treaty of Commerce between France and Britain to Commissioners because of ‘the nature of the work’, and in light of an agreement made ‘between y.r L.dship & M.r Torcy 24 May. by which we found our selves authoris’d to referr to Commissioners what we could not prevail with the ffrench to admitt, & in the main, thought we had not ill succeeded in prevailing with the ffrench to refer no more.’ Lords Plenipotentiaries to B., Utrecht, 10 January n.s. 1713. NA, SP 84/246, fol. 23. This passage in the Plenipotentiaries’ letter is marked with a cross possibly by B. This probably refers to Torcy’s letter to B., Marli, 10 June n.s. 1712. B. Corres., vol. 2, pp. 357–64. Prior failed to persuade the French to grant Britain the Tariff of 1664 without exceptions. Eu.Treat, vol. 3, p. 218. MS note written beside this passage in copy BL Add. 22206 in unidentified hand: ‘Treaty of peace.’ A paper of differences between Britain and France over the Treaty of Peace, enclosed in a letter from the Lords Plenipotentiaries to B., Utrecht, 10 January n.s. 1713, is preserved in NA, SP 84/246, fols 31–1v. MS note in the left-hand margin beside this passage: ‘ü’.

56.

57. 58. 59. 60.

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61. 62. 63. 64. 65. 66. 67.

68.

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69. Et Bona sua immobilia vendendi: their immovable goods for sale. MS note written in unidentified hand beside this passage in copy BL Add. 22206: ‘selling immoveables.’ Draft of Article 13 in the French Plenipotentiaries’ paper of differences over the Treaty of Peace and Friendships (Article 14 of the Treaty eventually signed on 11 April 1713). Louis XIV accepted this article but reserved the right of referring it to the Queen’s judgement. Eu.Treat, vol. 3, p. 204. 70. MS note written in unidentified hand beside this passage in copy BL Add. 22206: ‘Accadia & S.t Christophers.’ In conference with Robinson and Strafford, the French Plenipotentiaries dropped their demands for the right to sell immovables in Hudson’s Bay, but were ‘very stiff ’ about Nova Scotia and St Christopher’s, alleging that the liberty reserved to British traders by the Treaty of Breda between France and Britain (21/31 July 1667) was ‘applicable in both cases.’ Lords Plenipotentiaries to B., 10 January n.s. 1713 NA, SP 84/246, fol. 28. 71. MS note written in unidentified hand beside this passage in copy BL Add. 22206: ‘Newfoundland.’ Robinson and Strafford believed the French would relinquish their claims to Newfoundland. NA, SP 84/246, fol. 28. 72. MS note written in unidentified hand beside this passage in copy BL Add. 22206: ‘20 Article’. The French Plenipotentiaries were ‘very positive’ it would not be consented to. Lords Plenipotentiaries’ to B., 10 January n.s. 1713. NA, SP 84/246, fol. 28v; addition is in the French Plenipotentiaries’ paper of differences. SP 84/246, fol. 31v. 73. Remainder of letter including signature in B.’s hand. 74. Endorsement (in copy BL Add. 22206 in unidentified contemporary hand): ‘Lord Bolingbroke/to the Lords Plenip:ry/7.th Jan:ry 1712/13 O. S.’ A second endorsement in copy BL Add. 22206 in Strafford’s hand: ‘The States Gen:l’s Letter to ye Queen/with Her Answer. together with their/Remarks on ye new Treaty of Succession/& Barrier &c inclos’d./a particular answer to those/Remarks./Complaint of ye Flying Post./ab.t the Convention for the/Evacuation of Catalonia &c./ab.t the Differences remaining/in ye Treatys of Peace & Commerce/with France.’

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Whitehall 8.th Jan.ry 1712/3
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646. TO: SIR EDWARD NORTHEY, ATTORNEY GENERAL. Whitehall. 8 January 1712/13. [Contemporary copy in unidentified hand.] Text: MS, National Archives, London, SP 44/114, fol. 98.
M: Attorney Gen. . Sir I am, by the Queen’s command, to desire that you will prepare such a draught of a Proclamation as you shall judge proper, to prevent any further Impressement in pursuance of the Act pass’d last Sessions of Parliament, for recruiting her Maj.ty’s Land Forces and Marines,1 and that you will bring the same to the Councill which is ordered to meet this Evening at S.r James’s. I am S.r Your most humble serv.t Bolingbroke.
1. An Act for recruiting Her Majesty’s Land Forces and Marines, 3 March 1712.
r

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