Peace fhall be made, the Confederates fhall agree among themselves about all the things that they fhall think neceffary for maintaining the Navigation and Commerce of the Subjects of Gr. Br.and the States-General, in the Lands and Dominions they may acquire, and that were poffeffed by the late Deceafed King of Spain, and alfo in what manner the StatesGeneral may be fecured by the aforefaid Fence or Barrier. And whereas His faid late Majefty King William, and the States General, ferioufly confidering, thas France was then become fo formidable from the Acceffion of Spain to the Duke of Anjou, that, in the Opinion of all the World, Europe was in Danger of lofing her Liberty, and undergoing the heavy Yoke of Univerfal Monarchy, and that the fureft Means of effecting that Defign, were to divide the King of Great Britain from the States-General; for which Purpose all imaginable Efforts would be made; they therefore thought it neceffary to unite in the stricteft manner that was poffible; and to that End a Defenfive Treaty and Alliance was concluded and enter'd into between them, in or about the Month of November, 1701; wherein it was, among other things, agreed, That in cafe the faid High Allies fhould be jointly engaged in War, by reafon of this defenfive Alliance beforementioned in the Fifth Article, or on any other Account, there shall be an Offenfive, and Defenfive, and Perpetual Alliance between them, against thofe with whom the War fhall be, and all their Forces fhall be employed by Sea and Land, and they fall act in conjunction or feparately, as it fhall be agreed between them. But fince, in the Alliance with the Emperor, made in September laft, particular Care was taken of the Recovery of the Spanish Low Countries out of the hands of the moft Chriftian King, the faid Confederates exprefly engage to aid one another with all their Forces for the Recovery of the fame. And in regard the principal Intereft of the faid Confederates confifts in the Prefervation of the Liberties of Europe, the before mentioned Treaty with the Emperor fhall be faithfully and fincerely executed, and both Sides fhall guaranty the fame, and ufe their Endeavours to confirm and render it more ftrong from time to time: That in making Peace, particular care shall be taken of the Commerce and Traffick of both Nations, as alfo for their Security, as well in regard to the Low-Coun

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tries as the Countries adjacent: That when the War is begun, the Confederates fhall act in concert, according to the fe-" venth and eighth Articles of the Treaty of the 3d of March, in the Year of our Lord 1677 8 between England and Holland, which is hereby renewed and confirmed; and no Peace, nor Truce, or Sufpenfion of Arms, fhall be negotiated or made, but according to the ninth and tenth Articles of that Trea ty; by which it was agreed, that when the two Allies come. once to an open War, it fhall be lawful for neither of them afterwards to come to any Ceffation of Arms with him, who hall be declar'd and proclaim'd an Enemy, without it be done conjointly, and with common Confent: That no Negotiation of Peace fhall be fet on foot by one of the Allies, without the Concurrence of the other: That each Ally shall continually, and from time to time, impart to the other every thing that paffes in the faid Negotiation, and fhall stipulate with the Common Enemy for the fame Rights, Immunities, Exemptions, and Prerogatives for his Ally, as he does for himfelt, if fo be the faid Allies do not agree to the contrary. And whereas the French King having got Poffeffion of a great part of the Spanish Dominions, exercifed an abfo lute Authority over that Monarchy, having feized Milan and the Spanish Low-Countries by his Armies, and made himfelf Mafter of Cadiz, of the Entrance into the Mediterranean, and of the Ports of the Spanish Weft-Indies by his Fleets, every where defigning to invade the Liberties of Europe, and to obftruct the Freedom of Navigation and Commerce; and instead of giving the Satisfaction that ought juftly to be expected, had proceeded to further Violences, and had taken on him to declare the Pretended Prince of Wales, King of England, Scotland, and Ireland, and had also influenced Spain to concur in the fame Affront, her late Majefty Queen Anne taking hotice, that the found her felt obliged, for maintaining the Publick Faith, for vindicating the Honour of the Crown, and to prevent the Milchiefs which all Europe was threatned with, to declare War against France and Spain did accordingly in the Month of May 1702. in the most pubfick and folemn manner, declare War against France and Spain; and in the faid Declaration, placing her intire Confidence in the Help of Almighty God, in fo juft and neceffary

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an Undertaking, declared, That fhe would, in conjunction with her Allies, vigorously profecute the fame both by Sea and Land, being affured of the ready Concurrence of her Subjects, in a Caufe they had fo openly and heartily efpoufed. And his Imperial Majefty and their High Mightineffes, pursu ant to the Treaties aforementioned refpectively, in or about the faid Month of May, 1702, did likewife declare War against France and Spain. And whereas the Kings of Portugal and Pruffia, the Electors of Hanover, Saxony, Treves, Mentz, Palatine of the Rhine, the Duke of Savoy, the Prince of Heffe, the Dukes of Wolfembuttle, Mecklenberg, and Wirtemberg, the Circles of Suabia, and Franconia, and of the Upper Rhine, the Bishops of Munster and Constance, and other Princes and Powers, being invited by the faid Grand Alliance, and relying on the Faith thereof, did afterwards become Parties to the faid Confederate War against France and Spain; and in the Treaty entred into in or about the Month of May 1703, between his Imperial Majefty, the Queen of Great Britain, the States General, and the King of Portugal, it is, amongst other things exprefly ftipulated, That no Peace nor Truce fhall be made, but by the mutual Confent of all the Confederates; nor fhall any, at any time, be made, whilft the fecond Grandfon of the moft Chriftian King by the Dauphin, or any other Prince of the Line of France continues in Spain, nor unless the Crown of Portugal fhall fully poffefs and enjoy all the Lands, Kingdoms, Ifles, Caftles, Cities, Towns, &c. with their Territories and Dependencies in Spain, or elsewhere, which it now poffeffes. And in the Treaty of Norelingen, ratify'd by her late Majeity, it is, amongst other things, exprefly agreed, that it shall not be allow'd 'to make particular Treaties, but the Peace fhall be jointly treated of, and fhall not be concluded without obtaining, as far as is poffible, the Re Union of the Lands belonging to the Circles, and until at least the Securi ty of the affociated Circles be abfolutely provided for, in the best manner that is poffible, and better than it has formerly been. And whereas to give the greatest Strength that was poffible to the Union, fo neceffary to both Nations, Her late Majefty and the States, by a Treaty in the Month of June, 1703, renewed and confirmed all Treaties and Alliances then fubfifting between them; and therein it is, amongst

amongst other things, exprefly and particularly ftipulated, That as the faid moft Serene Queen, and the Lords the States-General, are now in War with France and Spain, and are reciprocally bound to aflift each other, and mutually to defend, maintain, and preferve their Countries and Subjects in their Poffeffions, Immunities, and Liberties, as well of Navigation and Commerce, as other Rights whatfoever by Sea and Land, against and in Oppofition to all Kings, Princes, and States, and particularly against France and Spain, to the end a juft and reasonable Peace may the better be obtained, that may establish the Repofe and Tranquility of Europe, it is agreed between the most Serene Queen of Great Britain, and the faid Lords the States-General, that neither of the faid Allies fhall make a Sufpenfion of Arms or a Peace with France or Spain, or any other King, Prince, or State, who fhall moleft or attack either of the faid Allies, but in Conjunction and by common Confent. And whereas the faid War was for fever al Years carry'd on with Vigour and Unanimity by her Majefty and her Allies, at a vaft Expence both of Blood and Treafure; for the Support of which on the part of England, many Millions have been granted by Parliament, who, on many Occafions fince, continu'd not only to express their Senle of the Juftice and. Neceffity of the War, but did frequently give their humble Advice to the -Throne, That no Peace could be Safe, Honourable, or Lafting, fo long as the Kingdom of Spain and the Weft-Indies continu'd in the poffeffion of any Branch of the House of Bourbon. And whereas it pleafed Almighty God to grant to the Confederate Arms under the Command of their Great and Victorious General the Duke of Marlborough, fuch unparallel'd Succeffès, as exceeded even their own Hopes and Fears of the Enemy; and by the many fignal Victories of Schellenberg, Hochftedt, Audenarde, and Kamillies, as well as by the Conquefts of the Electorates of Bavaria and Cologne, and the Reduction of the Spanish Netherlands, and many other great Advantages both by Sea and Land; and by the Wisdom and Unanimity of their Counfels, the Glory of the Confederate Arins, and the Reputation of Great Bri tain in particular, was rais'd to an higher pitch than in any former Age. And whereas her late Majefty, in conjunction with her Allies, wifely foreseeing that whenever the Enemy

fhould

fhould be brought to make Overtures of Peace, the fareft way to put an end to the War, and prevent France from putting in practice her ufual Intrigues, was by previoully infilting on fuch Conditions from France, that nothing might remain to be done in a General Affembly, but to give them the Form of a Treaty; and for thofe Reafons a Preliminary Treaty was concluded on, and was afterwards fign'd by the Plenipotentiaries of his Imperial Majefty, of her late Majefty the Queen of Great Britain, and of the Lords the States General of the United Provinces, and afterwards ratify'd by their Principals; wherein the Interefts of the feveral Allies were adjusted, in order to a General Treaty of Peace with France and therein, the Reftitution of the Spanish Monarchy to the House of Austria, being one of the chief Caufes for carrying on the War, is laid down as an immutable Foundation among the Allies, And whereas in the Year of our Lord 1709, the King of France having firft fignify'd his Confent to the Reftitution of the Spanish Monarchy to the Houfe of Auftria, fent his Minifters to the Hague to treat with the Minifters of the Principal Allies on a General Peace; and in the Conferences held thereupon, the Interefts of all the Allies, as adjusted in the faid Preliminaries, were pofitively and exprefly agreed to by the Minifters of France, and particularly that of the Reftitution of the entire Spanish Monarchy to the Honfe of Auftria; and the faid Negotiation was afterwards broke, on no other Difpute but on the thirty feventh Article of the Preliminary Treaty, concerning the Time and Manner of evacuating Spain. And whereas the Conferences being refumed at Gertruydenbergh, in the Year of our Lord 1710, the laid thirty feventh Article became the only Subject of the Negotiation which was there fet on foot, for the finding out lome Equivalent by which the fame Security might be given to the Allies, as they had by the thirty feventh Article of the faid Preliminaries; and tho' it was unquestionable, that before any Negotiation was begun, that while the Preliminaries were treating, that by. thofe Preliminaries themfelves, that before the laft Negotiation was refumed, and all the while it lafted, the Reftitution of Spain and the Indies was laid down as a firm and im movable Foundation of the Negotiation, and no queftion re mained concerning it with the Minifters of the Allies or

thofe