Selected quad for the lemma: death_n
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A34366
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The true will of his late Catholick Majesty Charles 2d, King of Spain with the codicil / translated from the original lately brought hither from Spain and answer'd article by article.
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Charles II, King of Spain, 1661-1700.; Spain. Sovereign (1665-1700 : Charles II)
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1700
(1700)
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Wing C593A; ESTC R35464
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17,625
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29
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call's Hereticks Article X. The Kings and Successors to the Crown of Spain shall prefer the Considerations of Religion before those of Politicks and by those means draw upon them the Blessing of God Answer That is the King shall be a muttering Ave Maria's while the Cardinal sits at the Helm and takes care of publick Affairs and concerns himself in more profitable Matters which shews there 's nothing like a Bigotted Prince for a Covetious States-man and a Soveraign possess'd with Superstition for a Disciple of Matchiavel to work on Article XI The Adoration of the Holy Sacrament which has been particularly established and founded in the Chapple of the Pallace shall be observed for the future as it is at present Answer As for this Article I have nothing to say to it let 'em elevate the Host as his deceas'd Majesty thinks fit Tho' something occurs observable enough from the frequency of his Orders against all manner of Alterations he has some suspicion of his Successor and can hardly be assur'd a Prince of the House of Bourbon can bring himself to a Castilians Temper without great difficulty Article XII The King declares that if God by his infinite mercy gives him lawful Children the Eldest of the Males shall Succeed him and by defect of Males the Daughters according to the Laws of his Kingdoms but it not having pleased God at the time of this Testament to grant him that inestimable favour and the first Obligation which is incumbent on him is to provide for the Welfare of his Subjects and the preservation of his Kingdoms in the Union conducive to the Publick Good they keeping the Fidelity they owe to their King and Natural Lord as they have done for the time past and regulating themselves most justly and wholy conforming with the Supreame Authority of his Disposal Answer The Commands which went before were only as so many leading-strings to what the Will is now pointing at God has not bless'd his Catholick Majesty with Issue from his own Body and the Welfare of his Subjects and Preservation of his Kingdoms make it but sitting he should declare a Successor who should be instrumental in continuing the Blessings they had receiv'd from his Auspicious Reign And the sequel will tell us what Provision he has made for it Article XIII By which his Majesty being convinced that the Renunciation of the late King of France having been made to prevent the Re-union of the two Crowns in one sole Monarchy and that when this fundamental Reason comes to cease the Right of Succession belongs pursuant to the Laws of the Kingdom to the next Relation and Heir which now happens in the Person of the Dauphin's Second Son His Majesty calls him in that Quality to the Succession of all his Kingdoms and States without any reserve or exception Authorizes him to take Possession thereof after His Majesty's Death by taking the Oaths to maintain the Laws Ordinances and Customs of the Kingdoms and States of the Monarchy and in case the Duke of Anjou should happen to Die or Inherit the Crown of France the Succession of the Crown of Spain shall pass to the Duke of Berry his Brother and if the same should fall out in the Person of the said Duke of Berry his Brother his Majesty calls to the Succession the Arch-Duke Second Son to the Emperor and not the King of the Romans his Elder Brother for the same Reasons which regard the Duke d' Anjou and in case the Arch Duke Charles should by the same Accident of Death be wanting his Majesty appoints the Duke of Savoy and his Children Willing and Commanding That his Will be punctually executed without any Partition or Dismembring of the Monarchy and his Majesty desiring Ardently that the Peace and Union between the Emperor and the Most Christian King be Conserved he Recommends and Exhorts that for the better Confirmation of this Union and the Tranquillity of Europe the same the rendered indissolble by the Marriage of the Duke d' Anjou with one of the most Illustrious Arch Dutchesses c. Answer Right the Renunciation was certainly made to hinder the Two Crowns from being United in the Person of one Sovereign but how well this Declaration agrees with it may be easily perceiv'd The Design of it without doubt was to keep a French Prince from Sitting on the Throne of Spain and to continue the Succession in the House of Austria Now That this is Frustrated to all intents and purposes by calling the Duke of Anjou to the Possession of a Prince of the Austrian Family is very Apparent and that an Union of the Two Kingdoms is now more to be feared than ever may appear from the French King 's own Words who said France and Spain should be one at his acceptance of the Will Which may be more easily made so by the Contiguity of their Frontiers to each other when it had been much more unlikely to have been effected by the Germans because of the distance of their Territories from each other had the Illustrious Arch Duke been chosen for His Majesty's Successor Article XIV His Majesty makes an Enumeration and Destinction of the Countries in which the Duke de Anjou is to Succeed him to the Title of Castile and those that depend on the Crown of Arragon Declaring that from the Moment it shall please God to remove him from this Life the Duke shall be ipso facto King of all his Countries notwithstanding all sort of Renunciation and orders all his Subjects and Vassals of what Condition soever to Acknowledge him as such without any Delay Answer The Testator has taken upon him to disanul the Validity of the Renunciation but how the Person that drew up the Testament could absolve him before he had repented of such an apparent injury to his own Ilustrious Family it is not in me to imagine If the poor King had lost his Senses what Injustice has the Cardinal done if he parted with his Conscience and made his Majesty Sign a Paper which approaching Death would not permit him to Read Which seems not impossible if we consider with our selves with what earnestness an Austrian Prince is made to recommend another with to the Inheritance of his Dominions whose Family had been at War with him from his very Cradle and laid his Country desolate in the most Savage manner imaginable Article XV. And it being necessary to provide for the Government of the Countries of the Monarchy in a manner Conformable to its Constitutions untill such time as his Majesties Successor might repair to Spain and in Person take care of the Goverment His Majesty Ordains that the same shall be put into the Hands of a Juncto which shall be Composed of the President or Governor of the Council of Castile the Vice Chancellor or President of Arragon the Arch Bishop of Toledo the Inquisitor General of a Grandee and a Counciller of State whom his Majesty will Nominate either in this present
Testament or in a Codicil or in a Paper Signed by him this Jucto shall meet in the Queens presence in such an Apartment and place as she shall be pleased to order during the time she shall remain in Spain and her said Majesty shall have a Casting Voice that is to say that when the Suffrages shall be divided the side on which her's is shall carry before the other but for the rest the Plurallity of Voices shall carry it in all things Answer To palliate the maâ—ter and make the Germans an atonement his Majesties Royal Consort the Queen a Sister of the present Empress is made one of the Regents But where 's the Favour that she has the Casting Voice when 't is well known the French Nation has a great Majority in the said Juncto that she can never have occasion to make use of it Or the mighty Priviledge in making choice of what Apartment she pleases for 'em to Meet in when she is certain to be over-rul'd by 'em when they are met Article XVI And in case that when the King Dies he who is to be his Successor should be Minor or under the Age of 14 Years the same Governors here above named shall have in his Name the Administration of the Government and shall be his Tutors and Curators Answer But his Present Majesty will be none of their Pupils nor if he were under the Age of 14 Years as 't is Visible he is not would his Grand-Father think it not in his Power to chuse him French Tutors since he has already made choise of a French Man for his Confessor Article XVII The Vice-Chancellor of Aragon whom his Majesty has named to be one of the Juncto as Tutor to his Successor shall Especially and Particularly if it be Conformable to the Priviledges and Customs of the Kingdom of Arragon but if the said Customs and Priviledges permit not him that is President to exercise that Post his Majesty then appoints in his place the most Antient Councellor of the Robe of the said Kingdom to make it his Function and in defect of him he appoints him that shall be next and shall follow him in Place and Seniority Answer The Vice-Chancellor of Arragon may perhaps be his Titular Tutor but L XIV will actually be his Instructor and the First may endeavour to inculcate true Spanish deliberation in his Royal Disciple but the Doctrines of the Last will be more prevalent for his Imitation Article XVIII The said Regent of Arragon that shall be Tutor shall Reside at Court shall keep his place in Council shall assist at the Juncto and propose those things that shall relate to and concern the Kingdom of Aragon to the end that the Juncto being inform'd thereof they may resolve by plurality of Voices upon such Measures as shall be most conducing to the Service of God and his Successor Answer He may Reside at Court Assist in Council take his Place in the Juncto and propose what Matters he pleases but a Prince who has suck'd in Arbitrary Notions with his Mothers Milk has heard of nothing but absolute Power and been harangu'd with no Schemes but those of Ambition will not lessen his Authority in taking other Peoples Measures when he is fix'd in his Throne and has it in his Power to follow the Dictates of his own Will Article XIX His Majesty gives all his Ministers and Officers the Power Authority and Faculty that is necessary towards a due Exercise of their respective Offices during the Minority of his Successor provided they do first take the Oath of Fidelity to him Answer And what signifies the Power and Authority which is given ' em They have no Minor to deal with their King is above 14 Years Old and a Successor of that Age as the Will has given us to understand in one of the Precedent Articles is declar'd to be in a State of Majority Article XX. The Tutors abovesaid shall Administer the Affairs all together and not one by one and for that purpose shall Assemble every Day in an Apartment of the Palace which the Queen shall assign the Secretary of the Universal Dispatches being present to make the Relations and assist in the same manner as he did did during the Kings Life Answer If they are to consult of publick affairs altogether and the Queen as Supreme Regent has Authority to appoint how comes it to pass that publick Business is concerted without her Majesties Consent That Letters of Thanks are sent without her Hand and Signet to 'em and that Embassies are order'd without her previous Approbation For the very Letters from Paris agree That the Queen Swoonded at the News of the Duke of Anjou's being Declar'd King and not one Instance has been given of her acting any ways since Her Royal Husband's Death then by sending Letters to some Princes to give her the News of it Article XXI All the Matters of Consultation that are to be laid before the Councils to be Communicated first to the Secretaries Office of the Universal Dispatches afterwards opened to the Juncto and the Secretary of the Dispatches is to appoint the Resolution Answer This is a Piece of Formality not much Intelligible to Men of our Nation who are as quick in dispatch of Business as the Spaniards are wanting in Expedition among whom if you were but to ask where a Grandee was you must go thro' as many Hands before you 'll be out of your Pain of Enquiry as one of our Foot Guards does in running the Gauntlet Article XXII In the Dispatches which the King is used to Sign as well with his Royal Hand as with his Signet the Queen shall Sign in the same place the King did and the Tutors shall Sign lower to the Number of Four at least and in the Affairs of Aragon the Regent of that Kingdom shall always Sign Answer It 's to be suppos'd Her Majesty will scarce tyre her self in Signing Dispatches which are concerted against the Interest of the Imperial Family or that she will be prevail'd with by the pretended Honour of Writing her Name in the King's Place to make use of it for the Benefit of those who are Enemies to the Austrian Interest Article XXIII Every one of the Regents shall be permitted to propose what he shall think most convenient for the benefits of the Kingdom and the plurality of Voices shall decide it Answer Very good but they must do what they intend for the Benefit of the Kingdom in a very short time or it may possibly be out of their Power Their young Prince is on his Journy to take the Staff out of their Hands and he 'll probably have People about him that will Instruct him how to make his own Voice carry Matters beyond their Plurality Article XXIV In case the voices should be found equally divided in the Juncto either by the Queen's absence or some other accident the President of the Council to whom the Matter then in