The long negotiation touching the Spanish succession had at length been brought to a conclusion. Tallard had joined William at Loo, and had there met Heinsius and Portland. After much discussion, the price in consideration of which the House of Bourbon would consent to waive all claim to Spain and the Indies, and to support the pretensions of the Electoral Prince of Bavaria, was definitively settled. The Dauphin was to have the Province of Guipuscoa, Naples, Sicily and some small Italian islands which were part of the Spanish monarchy. The Milanese was allotted to the Archduke Charles. As the Electoral Prince was still a child, it was agreed that his father, who was then governing the Spanish Netherlands as Viceroy, should be Regent of Spain during the minority. Such was the first Partition Treaty, a treaty which has been during five generations confidently and noisily condemned, and for which scarcely any writer has ventured to offer even a timid apology, but which it may perhaps not be impossible to defend by grave and temperate argument.
It was said, when first the terms of the Partition Treaty were made public, and has since been many times repeated, that the English and Dutch Governments, in making this covenant with France, were guilty of a violation of plighted faith. They had, it was affirmed, by a secret article of a Treaty of Alliance concluded in 1689, bound themselves to support the pretensions of the Emperor to the Spanish throne; and they now, in direct defiance of that article, agreed to an arrangement by which he was excluded from the Spanish throne. The truth is that the secret article will not, whether construed according to the letter or according to the spirit, bear the sense which has generally been put upon it. The stipulations of that article were introduced by a preamble, in which it was set forth that the Dauphin was preparing to assert by arms his claim to the great heritage which his mother had renounced, and that there was reason to believe that he also aspired to the dignity of King of the Romans. For these reasons, England and the States General, considering the evil consequences which must follow if he should succeed