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A37429 The interests of the several princes and states of Europe consider'd, with respect to the succession of the crown of Spain, and the titles of the several pretenders thereto examin'd Defoe, Daniel, 1661?-1731. 1698 (1698) Wing D836; ESTC R4999 18,910 37

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Bavaria It may not be amiss to Answer here a Question which seems very naturally to be drawn from the Premises Viz. Why should the Spaniards make Provision to bar the Claim of the French by the Issue of a Daughter and not the Claim of the Emperor whose Right is also by the Issue of a Daughter This is expresly Answered by the Preamble to that Treaty in these Words Estant les Deux Couronnes si Grandes et si puissantes qu' elles ne puissent estre Reunies en Une seule et a fin que dez a present on previenne les Occasions d'une pareille jonction c. Donques attendues les susdites justes raisons et Notamment de L'egalité qui se doit Conserver leurs Majestez accordent et arrestent par Contract et pacte Conventionnel entre elles qui aura Lieu force et Vigueur de la loy ferme et stable a tout jamais qui la serenissime Infante d'Espagne ni ses Enfans et leur descendants en quel degrè ils se puissent trover Voir a tout jamais ne puissent succeder es royaumes estats seigneuries et domination c. qui appartiennent et appartiendront a sa Majesté Catholique tant dedans que dehors le royaums d'Espagne Non obstant toutes Loix ou Coutumes c. aux quelles leurs Majestez derogent c. In English thus The Two Crowns being so great and so puissant that they cannot be united into One Kingdom and that to the end that from this present all Occasion of such a Conjunction may be avoided therefore upon due consideration had of the aforesaid reasons especially that of Equality which ought to be preserved it is Accorded between both their Majesties and by Mutual Covenant and Contract Ordained which shall continue in the full force and vigor of a Law for ever That the most Serene Infanta of Spain her Children nor Descendants in what Degree soever shall never Succeed in the Kingdoms Signiories or Dominions which do or shall belong to his Catholick Majesty as well within as without the Kingdom of Spain notwithstanding any Law or Custom which hereby their Majesties do Abolish 'T is plain from this branch of the Contract that a Union between Spain and France has been accounted by both Nations an improper if not an impracticable thing A Union with Germany has been known and is coherent enough but the Nature and Interest of the Two Crowns of Spain and France seem to have some particular Circumstances which would make a Union fatal to them both and therefore Don Lewis de Haro the great Minister of State for the Spaniards insisted on this Article with a great deal of Zeal I confess it seems to me that Don Lewis de Haro the Spanish Minister acted very different from the Character he had in other his Publick Management of the Affairs of Spain for he who past for one of the greatest Masters in Politicks of his Age and was the only man in all the Spanish Court who was thought to be a Match for Cardinal Mazarin in the Famous Peace of the Pyrennes was sure very ill read in the Maxims of Princes to think that a Treaty of Renunciation would ever be esteem'd of force enough to limit the Ambition of Future Times and to oblige Princes who were not then born The Spaniards were never taken for a Credulous Nation and how they should come to be drawn into such a folly seems very unaccountable No doubt Cardinal Mazarine who discover'd well enough the Event suffered the Spanish Plenipotentiaries to go on at their own rate and to call in the help of all the Civilians in the Two Kingdoms to make an Instrument of Renunciation knowing well enough that Titles to Crowns are generally disputed by the Sword not by Deeds and Instruments and that the Succession to the Crown of Spain if ever it fell by the Demise of the Incumbents to the Heirs of that Marriage would receive very little Obstruction from so weak a Defence as the Paper of a Renunciation for we find Contracts and Writings of that Nature have very little effect against a Title to a Crown backt with an Army of 50000 men The Spanish Ministers acted the parts of men of Honour indeed but not at all of Politicians Why also that refin'd Politician should Marry the Eldest Daughter where the Succession should require so strict a Bar remains undetermined had he given the Infanta to the Emperor and the Younger Daughter to the King of France the Debate had been prevented but possibly other reasons might govern him which we cannot judge of at this distance of time and the Infanta being Married to the Most Christian King Six Years before the Younger Daughter was Married to the Emperor that Match might be made before a Marriage with the Emperor was in view Upon the whole it appears by this short view of the Succession of the Crown of Spain that the Two Daughters of Philip the Fourth are the Immediate Heirs of Charles the Second the present King in case he Dies without Issue the Eldest who marri'd the King of France has renounced her Claim for her self and her Posterity and the next Right must devolve upon the Second whose Title Descends to the Elector of Bavaria I am also to observe that the pretence of the Children of the King of France not being bound by the Oath of their Father and therefore their Succession being clear seems fully answered thus The Renunciation was not so much a Personal Deed of the present King of France and the Infanta of Spain as it was a mutual Compact between both Kingdoms pass'd by a Treaty of Peace and became a Law of each Country made so by a publick Instrument Sign'd by the Nobility on each side and agreed by a general Consent of the Plenipotentiaries of both Parties in the XXXIII d Article of the Pyrenean Treaty in these words And to the end this Peace and Union Confederation and good Correspondence might as it is desired be so much the more firm lasting and indissolvible both the said Principal Ministers the Cardinal Duke and the Marquis Earl Duke by virtue of the special Power they have had for that end of the Two Lords and Kings have Concluded and Agreed in their Names the Marriage of the Most Christian King with the Serenis Infanta the Lady Maria Teresia Eldest Daughter to the Catholick King and the same Day bearing the Date of these Presents have Made and Subscrib'd a particular Treaty whereunto they refer themselves touching the mutual Conditions of the said Marriage and the time of its Celebration which Treaty by it self and Capitulation of Marriage are of the same Force and Vigor with the present Treaty of Peace as being the Chiefest Part thereof and the most worthy as well as the greatest and most precious earnest of the surety of its duration This makes it appear that the Treaty of Marriage was really a