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l.copold, Emperor of Germany. She too had at her marriage renounced her claims to the Spanish crown ; but the Cortes had not sanctioned the renunciation, and it was therefore considered as invalid by the Spanish jurists. The fruit of this marriage was a daughter, who had espoused the Elector of Bavaria. The Electoral Prince of Bavaria inherited her claim to the throne of Spain. The Emperor Leopold was son of a daughter of Philip the Third, and was therefore first cousin to Charles. No renunciation whatever had been exacted from his mother at the time of her marriage.
The question was certainly very complicated. That claim which, according to the ordinary rules of inheritance, was the strongest, had been barred by a contract executed in the most binding form. The claim of the Electoral Prince of Bavaria was weaker. But 80 also was the contract which bound him not to prosecute his claim. The only party against whom no instrument of renunciation could be produced was the party who, in respect of blood, had the weakest claim of all.
As it was clear that great alarm would be excited throughout Europe if either the Emperor or the Dauphin should become King of Spain, each of those Princes offered to waive his pretensions in favour of his second son ; the Emperor, in favour of the Archduke Charles, the Dauphin, in favour of Philip Duke of Anjou.
Soon after the peace of Ryswick, William the Third and Lewis the Fourteenth determined to settle the question of the succession without consulting either Charles or the Emperor. France, England, and Holland, became parties to a treaty by which it was stipplated that the Electoral Prince of Bavaria should succeed to Spain, the Indies, and the Netherlands. The Imperial family were to be bought off with the Milanese ; and the Dauphin was to have the Two Sicilies.
The great object of the King of Spain and of all his counsellors was to avert the dismemberment of the monarchy. In the hope of attaining this end, Charles determined to name a successor, A will was accord ingly framed by which the crown was bequeathed to the Bavarian Prince. Unhappily, this will had scarcely been signed when the Prince died. The question was again unsettled, and presented greater difficulties than before.
A new Treaty of Partition was concluded between France, England, and Holland. It was agreed that Spain, the Indies, and the Netherlands, should descend to the Archduke Charles. In return for this great concession made by the Bourbons to a rival house, it was agreed that France should have the Milanese, or an equivalent in a more commodious situation. The equivalent in view was the province of Lorraine.
Arbuthnot, some years later, ridiculed the Partition Treaty with exquisite humour and ingenuity. Everybody must remember his description of the paroxysın of rage into which poor old Lord Strutt fell, on hearing that his runaway servant Nick Frog, his clothier John Bull, and his old enemy Lewis Baboon, had come with quadrants, poles, and inkhorns, to survey his estate, and to draw his will for him. Lord Mahon speaks of the arrangement with grave severity. He calls it, "an iniquitous compact, concluded without the slightest reference to the welfare of the states so readily parcelled and allotted ; insulting to the pride of Spain
and tending to strip that country of its hard-won conquests.” The most serious part of this charge would apply to half the treaties which have been concluded in Europe quite as strongly as to the Partition Treaty. What regard was shown in the treaty of the Pyrenees to the welfare of the people of Dunkirk and Roussillon, in the treaty of Nimeguen to the welfare of the people of Franche Comtè, in the treaty of Utrecht to the welfare of the people of Flanders, in the treaty of 1735 to the welfare of the people of Tuscany? All Europe remembers, and our latest posterity will, we fear, have reason to remember how coolly, at the last great pacifieation of Christendom, the people of Poland, of Norway, of Belgium, and of Lombardy, were allotted to masters whom they abhorred. The statesmen who negotiated the Partition Treaty were not so far beyond their age and ours in wisdom and virtue as to trouble themselves much about the happiness of the people whom they were apportioning among foreign rulers. But it will be difficult to prove that the stipulations which Lord Mahon condemns were in any respect unfavourable to the happiness of those who were to be transferred to new sovereigns. The Neapolitans would certainly have lost nothing by being given to the Dauphin, or to the Great Turk. Addison, who visited Naples about the time at which the Partition Treaty was signed, has left us a frightful description of the misgovernment under which that part of the Spanish Empire groaned. As to the people of Lorraine, an union with France would have been the happiest event which could have befallen them. Lewis was already their sovereign for all purposes of cruelty and exaction. He had kept their country during many years in his own hands. At the peace of Ryswick, indeed, their Duke had been allowed to return. But the conditions which had been imposed on him made him a mere vassal of France.
We cannot admit that the Treaty of Partition was objectionable because it “tended to strip Spain of hard-won conquests.” The inheritance was so vast, and the claimants so mighty, that without some dismemberment it was scarcely possible to make a peaceable arrangement. If any dismemberment was to take place, the best way of effecting it surely was to separate from the monarchy those provinces which were at a great distance from Spain, which were not Spanish in manners, in language, or in feelings, which were both worse governed and less valuable than the old kingdoms of Castile and Arragon, and which, having always been governed by foreigners, would not be likely to feel acutely the humiliation of being turned over from one master to another.
That England and Holland had a right to interfere is plain. The question of the Spanish succession was not an internal question, but an European question. And this Lord Mahon admits. He thinks that when the evil had been done, and a French Prince was reigning at the Escurial, England and Holland were justified in attempting, not merely to strip Spain of its remote dependencies, but to conquer Spain itself ; that they were justified in attempting to put, not merely the passive Flemings and Italians, but the .'eluctant Castilians and Asturians, under the dominion of a stranger. The danger against which the Partition Treaty was intended to guard was precisely the kame danger which afterwards was made the ground of war. It will be difficult to prove that a danger which was sufficient to justify the war was insufficient
to justify the provisions of the treaty. If, as Lord Mahon cuntends, it was better that Spain should be subjugated by main force than that she should be governed by a Bourbon, it was surely better that she should be deprived of Sicily and the Milanese than that she should be governed by a Bourbon.
Whether the treaty was judiciously framed is quite another question. We disapprove of the stipulations. But we disapprove of them, not because we think them bad, but because we think that there was no chance of their being executed. Lewis was the most faithless of politicians. He hated the Dutch. He hated the Government which the Revolution had established in England. He had every disposition to quarrel with his new allies. It was quite certain that he would not observe his engagements, if it should be for his interest to violate them. Even if it should be for his interest to observe them, it might well be doubted whether the strongest and clearest intere's would induce a man so haughty and self-willed .0 coöperate heartily with two governments which had always been the objects of his scorn and aversion.
When intelligence of the second Partition Treaty arrived at Madrid, it roused to momentary energy the languishing ruler of a languishing state. The Spanish ambassador at the court of London was directed to remonstrate with the government of Wilham ; and his remonstrances were so insolent that he was commanded to leave England. Charles retaliated by dismissing the English and Dutch ambassadors. The French King, though the chief author of the Partition Treaty, succeeded in turning the whole wrath of Charles and of the Spanish people from bimself, and in directing it against the two mari