The Prose Works of Jonathan Swift, D.D. — Volume 10: Historical WritingsSwift, Jonathan
History
The Prose Works of Jonathan Swift, D.D. — Volume 10: Historical Writings
Swift, Jonathan
Anne, Queen of Great Britain, 1665-1714; Great Britain -- History -- Anne, 1702-1714; Spanish Succession, War of, 1701-1714
Whilst the congress at Utrecht remained in this inactive state, the
Queen proceeded to perfect that important article for preventing the
union of France and Spain. It was proposed and accepted, that Philip
should renounce France, for himself and his posterity; and that the Most
Christian King, and all the princes of his blood, should, in the like
manner, renounce Spain.
It must be confessed, that this project of renunciation lay under a
great disrepute, by the former practices of this very King, Lewis XIV.
pursuant to an absurd notion among many in that kingdom, of a divine
right, annexed to proximity of blood, not to be controlled by any human
law.
But it is plain, the French themselves had recourse to this method,
after all their infractions of it, since the Pyrenean treaty; for the
first dauphin, in whom the original claim was vested, renounced, for
himself and his eldest son, which opened the way to Philip Duke of
Anjou; who would however hardly have succeeded, if it had not been for
the will made in his favour by the last King, Charles II.
It is indeed hard to reflect, with any patience, upon the unaccountable
stupidity of the princes of Europe for some centuries past, who left a
probability to France of succeeding in a few ages to all their
dominions; whilst, at the same time, no alliance with that kingdom could
be of advantage to any prince, by reason of the salique law. Should not
common prudence have taught every sovereign in Christendom to enact a
salique law, with respect to France; for want of which, it is almost a
miracle, that the Bourbon family hath not possessed the universal
monarchy by right of inheritance? When the French assert a proximity of
blood gives a divine right, as some of their ministers, who ought to be
more wise or honest, have lately advanced in this very case, to the
title of Spain; do they not, by allowing a French succession, make their
own kings usurpers? Or, if the salique law be divine, is it not of
universal obligation, and consequently of force, to exclude France from
inheriting by daughters? Or, lastly, if that law be of human
institution, may it not be enacted in any state, with whatever extent or
limitation the legislature shall think fit? For the notion of an
unchangeable human law is an absurdity in government, to be believed
only by ignorance, and supported by power. From hence it follows, that
the children of the late Queen of France, although she had renounced,
were as legally excluded from succeeding to Spain, as if the salique law
had been fundamental in that kingdom; since that exclusion was
established by every power in Spain, which could possibly give a
sanction to any law there; and therefore the Duke of Anjou's title is
wholly founded upon the bequest of his predecessor (which hath great
authority in that monarchy, as it formerly had in ours), upon the
confirmation of the Cortes, and the general consent of the people.
Public-domain text, read in full here on John Shaqi.
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