DOC 21. TREATY OF THE HAGUE of 1720 (English text), the Spanish ratification of QUADRUPLE ALLIANCE OF 1718 (TREATY OF LONDON).
'".. First: That to avoid disturbances, and to safeguard the Treaty drawn up in Baden (Rastatt) on the 7th of September of 1714, and the neutrality of Italy, in compliance with the agreement of the 14th March, 1713, His Catholic Majesty shall abdicate the Throne of Sardinia and renounce all His rights to the said Throne.
"II. That, in order to ensure that the balance of power in Europe be maintained, the Crown of France and Spain shall never be united, as is agreed in the Act of Abdication of November 9th, 1712, and included in the Treaty of Utrecht, signed on April 11th, 1713; and that, to ensure greater security, the Emperor shall formally renounce, in His own name and in that of His successors, male and female, all claims to the Spanish Throne and to that of the Indies, and to all the States of which King Felipe was recognised as legitimate Sovereign in the Treaty of Utrecht, and that He does pledge Himself to make His Act of Abdication in the most solemn manner possible.
"III. That, in conformity with this Act of Renunciation, the Emperor shall recognise King Felipe, and, likewise, His successors, male and female, as legitimate Sovereigns, granting each and every one of them the title befitting his or her station.
"IV. That, in consequence of this, His Catholic Majesty shall renounce, in favour of the Emperor and His descendants, male and female; in His own Name, and in that of His successors, all rights and claims to the Low Countries and to the States He once possessed in Italy, including the Marquisate of Finale, sold to the Genoese in 1713, and shall likewise renounce the rights which He has hitherto claimed in the Realm of Sicily.
"V. That it is established that, as the successors to the Duke of Parma and the Grand Duke of Tuscany could unleash a holocaust upon Italy, in the eventuality of there being no legitimate heir to the Throne, especially with the Spanish Queen claiming to be called to the Throne by Her birth, and the Emperor simultaneously insisting that in the absence of a male heir, the Empire be deemed arbiter of the succession, it is herewith established that, in the eventuality of this line producing no male issue, the son of the Queen be elevated to the Throne, and that, in default of the firstborn, the second and the others that follow, both male and female, in the order of those born in lawful wedlock, and that the Emperor shall be under an obligation to furnish conditional letters against future investiture. Likewise, that the Port of Leghorn shall be maintained as a free port as hitherto, and that, in default of a Grand Duke of Tuscany, His Catholic Majesty shall cede to the successor to the Throne the port of Longon on the island of Elba; it also being set down that no Ruler already sitting on the Throne of Spain shall be permitted to possess the said States, and that, to safeguard this more effectively, a body of Swiss troops shall be admitted to guard the following towns: Leghorn, Portoferrajo, Parma and Piacenza, and that these troops shall be in the pay of the Signatories to this League and shall undertake on solemn oath never to hand over the said towns to any person save the son of Her Majesty, the Queen of Spain.
"VI. That, similarly, His Catholic Majesty shall, in the interests of peace, renounce all the rights reserved in his agreement with the Duke of Savoy made on the 11th June, 1713 and this document shall be annulled and the rights of Restoration to the Throne of Sardinia transferred, as agreed by the Emperor in the second article of the Convention with the Duke of Savoy.
"VII. That the Emperor and His Catholic Majesty shall likewise pledge themselves to maintain and defend the agreements contained in this Treaty.
"VIII. That the whole Treaty shall be implemented within two months of its having been drawn up and received ratification - which shall take place in London - and that they shall select a rendez-vous and appoint certain persons to treat for peace and that they shall restore to all individuals all property and privileges which these individuals enjoyed before the outbreak of the war."
Taken from SPAIN UNDER THE BOURBONS, Edited and Translated with a critical introduction by W. N. Hargreaves-Mawdsley, MA, Dphil, FRHistS, Prof of History, Brandon University, Canada, London, Macmillan, 1973, quoting from Fray Nicolás de Jesús Belando, Historia civil de España y sucesos de la guerra y tratados de la paz; desde el año de mil setecientos hasta el de mil setecientos terinta y tres, Madrid, 1740, Part Four, pp. 253-5.
DOC 22. SECOND RENUNCIATION OF PHILIP V OF 1720
"Abdication of His Catholic Majesty.
"We Felipe, by the Grace of God, King of Castille, etc. After the untimely death of His Serene Majesty, Carlos the Second, King of Spain and of the Indies, on whose memory the sun shall never set, there ensued a bitter and prolonged war of succession which has so cruelly ravaged almost all of Europe, notwithstanding that the agreements signed at Utrecht and at Baden were sufficient and competent to settle the various differences and thereby forestall a fresh outbreak of hostilities in Italy. God, of His goodness, was pleased to grant that, having entered into friendly discussions and given the predicament mature consideration, certain articles of non aggression and alliance were reached in London on the 2nd August in the year 1718 between His Most Serene Majesty, Louis XV, King of France, under the guidance of His Most Serene Majesty Prince Felipe, Duke of Orléans, who was at that time Prince Regent of that Realm, and His Most Serene Majesty Prince George, King of Great Britain, Duke of Brunswick and Lüneberg, Elector of the Holy Roman Empire. We have the sole aim in view that there should be a more widespread peace, that it should be stabilised among those Rulers who already enjoy it, and that it might be established and blossom forth once again among those who are still at war; all this in such a way that, their quarrels settled, all Europe might enjoy this great boon of peace. There is no surer way to realise such a beneficial state of affairs than through these same treaties which are conceived according to the precepts and patterns of previous agreements, and it is made irrevocable law (and the salvation of all Europe depends upon this), that the Crowns of France and Spain shall be decreed separate in perpetuity, and that, given a balance of power and an equable apportionment of forces among the European Rulers, the union in one person and in one lineage of the Crowns of many several states be decreed unlawful, and We shall guarantee stipulations advantageous both to Ourselves and equally to the Rulers who are signatories to this non-aggression alliance, and also to those who choose to agree to it under the widest interpretation of the said articles of this said Convention.
"And as it is an integral part of these treaties that We abdicate and renounce Our claims to those kingdoms, countries and colonies which now form part of His Imperial Majesty's possessions in Italy and in Flanders, or which could be ascribed to Him as a result of the present Treaty, and of all the rights, kingdoms and colonies in Italy which in other times were part of the Spanish Crown, We, a born student of the arts of peace and of the common weal, - and this is the strongest of all those impulses which motivate Us - have determined, wishing also to avoid any pretext for pernicious suspicion, to give up Our rights to the said kingdoms, countries and colonies and to put Our signature to the said Treaty in Madrid on the 16th of January last, instructing our ambassador plenipotentiary at The Hague to sign it, which he duly did on the 17th of January last. Similarly, moved to pity (and lest we fall short of the wishes of the allied Rulers) by the deplorable state of Europe and by the desolation which threatened so many peoples and nations, and moved by the advantages contained in the said Treaty, We determined at last to make this concession and abdication of the kingdoms, countries and provinces and of Our rights to them, chiefly in order that, through the abdication of the Emperor from the thrones of Spain and of the Indies, Our Own abdication from the kingdom and Crown of France made on 15th November 1712, in Our Own name and in that of our descendants, in favour of His Most Serene Highness the Duke of Orléans - which abdication has become law in Spain and is a condition of the abdication of His Imperial Majesty - might come into full force and effect; and also, that through this Our abdication, those abdications made by His Most Serene Majesty the Duke of Berry in Marly on the 24th November 1712, and that of the said Duke of Orléans in Paris on the 19th of the same month and year, and which were confirmed by the Treaties of Utrecht on the 11th of April 1713, might once again be ratified, and that the stipulation that it should at no time be lawful for the Crowns of France and Spain to be united in one person or in one lineage, should be established as a hard and fast rule for all time.
"Moved, therefore, by these matters of such moment, and lest We delay for one hour more the peace of the whole of Europe which We so greatly desire and which We judge compassable by these two abdications, and having pondered deeply and given the matter mature consideration, We concede and abdicate for these reasons, both in Our Own Name and in that of Our heirs and successors, male and female, all lawful rights, suits and claims which are made in Our Name to the said kingdoms, countries and colonies, both in Italy and Flanders, which, in virtue of the said Treaty, are presently in the possession of His Imperial Majesty - among which territories are to be held expressly included not only the Marquisate of Finale, ceded by His Imperial Majesty to the Genoese Republic in the year 1713, but also the realms of Sicily and of Sardinia according to the letter of the Treaty; it should also be understood that the Isle and Realm of Sicily shall be the possession of His Imperial Majesty, His heirs, successors and descendants in perpetuity, and that the right of reversion to the Crown of Spain be henceforth annulled; and that the Isle and Realm of Sardinia shall be returned and handed back by His Imperial Majesty, after he has taken possession of it, into the possession of the King of Sardinia, the Duke of Savoy, and that the right of reversion of that realm to the Crown of Spain be maintained against the eventuality of the line and issue of the said King of Sardinia being in default. And We do, in like fashion, and in full and complete possession of Our faculties, spontaneously and of Our Own free will, renounce and abdicate, in virtue of the present Treaty, all Our rights to the said realms, countries and colonies which previously formed part of the Spanish Crown and are now in the lawful and meet possession of His Imperial Majesty, in favour of His Imperial Majesty, His heirs, successors and descendants. We do make this Our abdication in Our Own Name and in that of Our heirs and successors, renouncing all lawful rights which make Us a claimant or in any conceivable way endorse a claim on Our part to the said Kingdoms, be these the rights of blood or be they rights arising from past agreements and laws of the kingdom.
"We confirm and endorse Our abdication as King of the isles, countries and provinces of Italy and Flanders. We have determined upon this in the hope that it be recognised as de facto common law and Royal decree, and, as such, We command that it be observed by all Our subjects in all Our kingdoms and colonies, and especially by those State Councils which are commonly known as Parliament, notwithstanding any laws, sanctions, treaties and practices which decree otherwise, and We do hereby expressly declare them null and void, and make good any de facto and de jure defects there might be in either the letter of the law or its execution, renouncing all benefits envisaged under the law, and in particular that of Restoration, all conceivable eventualities and even a gross breach of contract notwithstanding; and having pondered all this of Our Own free will and in complete possession of Our faculties, We do abdicate and make known Our will that these caveat be null and void and repealed by Us, and We hereby give Our pledge that we shall allow His Imperial Majesty and His descendants heirs and successors, be they male or female, to enjoy the peaceful and unopposed possession of the Kingdoms, Principalities, countries and colonies which formerly belonged to the Crown of Spain and which are now in the safe-keeping of His Imperial Majesty, and of those territories which We have ceded to Him or are to cede to Him under the Treaty, and that, consequent upon this Abdication, We shall at no time cause them any disquiet, either by force of arms or by any other means. Rather We do declare that henceforth any war that We or Our successors undertake against them, with the intention of recovering and taking possession of the said Kingdoms, shall be unlawful, and, moreover, that any war that may be waged against us in self-defence by the Emperor or His descendants shall be just and lawful, and that if any eventuality should have been overlooked in the letter of this Our Act of Abdication, it is Our will that it be supplied from the provisions laid down in the said Treaty agreed upon in London, which is and shall be in all matters the only body of laws pertinent to this Our Act of Abdication, and We hereby give Our Royal pledge that We and all Our descendants
and successors shall hold the letter of this Act of Abdication sacred and inviolate, and that We shall endeavour to ensure that Our subjects do likewise. In this indomitable and resolute faith, We order this Act of Concession and Abdication to be despatched, and We have guaranteed it with sacred oath, sworn on the Holy Gospel in the presence of the undersigned witnesses, from the which oath We shall never seek release, and, should any other person seek it in Our name, or should it be offered Us without Our having sought it, We shall not admit of it nor shall We turn it to Our advantage. We sign the present Act of Abdication in Our Own hand and append to it Our Royal seal before the group of gentlemen listed below, who were summoned by Royal Command to witness this ceremony of signing and sealing: Don Carlos of Bourbon and Centellas, Patriarch of the Indies and Our Chaplain and Chief Almoner, Don Restaino Cantelmo, Duke of Populi, Knight of the illustrious Order of the Golden Fleece and of the Saint-Esprit, Commander-in-Chief of Our Armed Forces and Captain of the Italian Bodyguard; Don Alvaro Bazan y Venavides, Marquis of Santa Cruz, Gentleman of the Royal Bed-Chamber and Chief Steward to the Queen; Don Alfonso Manrique, Duke of Arco, also Gentleman of the Royal Bed-Chamber and Master of the Royal Hunt; Don Victor Amadeo Ferrero y Fiesco, Prince of Maserano, Knight of the illustrious Order of the Golden Fleece, Gentleman of Our Royal Bed Chamber and Lieutenant-General of Our Armed Forces. This Act of Abdication is to be exchanged with another similar Act of Abdication signed by His Imperial Majesty. Dated the 22nd of June i77.o in the Royal Monastery of San Lorenzo. Felipe."
Taken from SPAIN UNDER THE BOURBONS, Edited and Translated with a critical introduction by W. N. Hargreaves-Mawdsley, MA, Dphil, FRHistS, Prof of History, Brandon University, Canada, London, Macmillan, 1973, quoting from
Fray Nicolás de Jesús Belando, Historia civil de España y sucesos de la guerra y tratados de la paz; desde el año de mil setecientos hasta el de mil setecientos terinta y tres, Madrid, 1740,Part Four, pp. 256-61.
DOC 23 TREATY OF MUTUAL PROTECTION BETWEEN FRANCE, SPAIN AND GREAT BRITAIN 1721
'This treaty was made up of seven articles which, in short, stipulated:
I. That there should be a permanent union between the signatory Powers, in accordance with the stipulations of the Treaty of London of 2nd August, 1718.
II. That to preserve the union, the defence pact was agreed upon with the mutual guarantee of the States of each Sovereign; all three determining to attack whomsoever might contravene the treaties of Utrecht, Baden and London, as well as the one which was to be drawn up at Cambray.
III. That, as a consequence of Article II, the aim of this alliance was to smooth out the differences between the Court of Madrid and Vienna, and to place the international peace on a firmer footing.
IV. That if any one of the signatory Powers were attacked in direct contravention of the articles of the aforementioned treaties, His Britannic Majesty would come to their defence with 12,000 men - 8,000 foot and 4,000 horse - and that both His Catholic Majesty and His Most Christian Majesty would each supply the same number both of horse and of foot.
V. That in virtue of above stipulations, the three Sovereigns, parties to this alliance, would defend the rights, estates, and rank of the Duke of Parma.
VI. That for the greater satisfaction of both the other monarchs, His Most Catholic Majesty would afford that people of both nations could enjoy the same benefits and advantages as those enjoyed by Spanish nationals in trading.
V11. That this treaty would be ratified within six weeks.' (13th June)
Taken from SPAIN UNDER THE BOURBONS, Edited and Translated with a critical introduction by W. N. Hargreaves-Mawdsley, MA, Dphil, FRHistS, Prof of History, Brandon University, Canada, London, Macmillan, 1973, quoting from Fray Nicolás de Jesús Belando, Historia civil de España y sucesos de la guerra y tratados de la paz; desde el año de mil setecientos hasta el de mil setecientos terinta y tres, Madrid, 1740, Part Four, pp. 284, 285.