William's first demand was that France should bind herself to give no help or countenance, directly or indirectly, to any attempt which might be made by James, or by James's adherents, to disturb the existing order of things in England.
William's second demand was that James should no longer be suffered to reside at a place so dangerously near to England as Saint Germains.
To the first of these demands Lewis replied that he was perfectly ready to bind himself by the most solemn engagements not to assist or countenance, in any manner, any attempt to disturb the existing order of things in England; but that it was inconsistent with his honour that the name of his kinsman and guest should appear in the treaty.
To the second demand Lewis replied that he could not refuse his hospitality to an unfortunate king who had taken refuge in his dominions, and that he could not promise even to indicate a wish that James would quit Saint Germains. But Boufflers, as if speaking his own thoughts, though doubtless saying nothing but what he knew to be in conformity to his master's wishes, hinted that the matter would probably be managed, and named Avignon as a place where the banished family might reside without giving any umbrage to the English government.
Lewis, on the other side, demanded, first, that a general amnesty should be granted to the Jacobites; and secondly, that Mary of Modena should receive her jointure of fifty thousand pounds a year.
With the first of these demands William peremptorily refused to comply. He should always be ready, of his own free will, to pardon the offences of men who showed a disposition to live quietly for the future under his government; but he could not consent to make the exercise of his prerogative of mercy a matter of stipulation with any foreign power. The annuity claimed by Mary of Modena he would willingly pay, if he could only be satisfied that it would not be expended in machinations against his throne and his person, in supporting, on the coast of Kent, another establishment like that of Hunt, or in buying horses and arms for another enterprise like that of Turnham Green. Boufflers had mentioned Avignon. If James and his Queen would take up their abode there, no difficulties would be made about the jointure.
At length all the questions in dispute were settled. After much discussion an article was framed by which Lewis pledged his word of honour that he would not favour, in any manner, any attempt to subvert or disturb the existing government of England. William, in return, gave his promise not to countenance any attempt against the government of France. This promise Lewis had not asked, and at first seemed inclined to consider as an affront. His throne, he said, was perfectly secure, his title undisputed. There were in his dominions no nonjurors, no conspirators; and he did not think it consistent with his dignity to enter into a compact which seemed to imply that he was in fear of plots and insurrections such as a dynasty sprung from a revolution might naturally apprehend. On this point, however, he gave way; and it was agreed that the covenants should be strictly reciprocal. William ceased to demand that James should be mentioned by name; and Lewis ceased to demand that an amnesty should be granted to James's adherents. It was determined that nothing should be said in the treaty, either about the place where the banished King of England should reside, or about the jointure of his Queen. But William authorised his plenipotentiaries at the Congress to declare that Mary of Modena should have whatever, on examination, it should appear that she was by law entitled to have. What she was by law entitled to have was a question which it would have puzzled all Westminster Hall to answer. But it was well understood that she would receive, without any contest, the utmost that she could have any pretence for asking as soon as she and her husband should retire to Provence or to Italy. [809]
Before the end of July every thing was settled, as far as France and England were concerned. Meanwhile it was known to the ministers assembled at Ryswick that Boufflers and Portland had repeatedly met in Brabant, and that they were negotiating in a most irregular and indecorous manner, without credentials, or mediation, or notes, or protocols, without counting each other's steps, and without calling each other Excellency. So barbarously ignorant were they of the rudiments of the noble science of diplomacy that they had very nearly accomplished the work of restoring peace to Christendom while walking up and down an alley under some apple trees. The English and Dutch loudly applauded William's prudence and decision. He had cut the knot which the Congress had only twisted and tangled. He had done in a month what all the formalists and pedants assembled at the Hague would not have done in ten years. Nor were the French plenipotentiaries ill pleased. "It is curious," said Harlay, a man of wit and sense, "that, while the Ambassadors are making war, the generals should be making peace." [810] But Spain preserved the same air of arrogant listlessness; and the ministers of the Emperor, forgetting apparently that their master had, a few months before, concluded a treaty of neutrality for Italy without consulting William, seemed to think it most extraordinary that William should presume to negotiate without consulting their master. It became daily more evident that the Court of Vienna was bent on prolonging the war. On the tenth of July the French ministers again proposed fair and honourable terms of peace, but added that, if those terms were not accepted by the twenty-first of August, the Most Christian King would not consider himself bound by his offer. [811] William in vain exhorted his allies to be reasonable. The senseless pride of one branch of the House of Austria and the selfish policy of the other were proof to all argument. The twenty-first of August came and passed; the treaty had not been signed.
France was at liberty to raise her demands; and she did so. For just at this time news arrived of two great blows which had fallen on Spain, one in the Old and one in the New World. A French army, commanded by Vendome, had taken Barcelona. A French squadron had stolen out of Brest, had eluded the allied fleets, had crossed the Atlantic, had sacked Carthagena, and had returned to France laden with treasure. [812] The Spanish government passed at once from haughty apathy to abject terror, and was ready to accept any conditions which the conqueror might dictate. The French plenipotentiaries announced to the Congress that their master was determined to keep Strasburg, and that, unless the terms which he had offered, thus modified, were accepted by the tenth of September, he should hold himself at liberty to insist on further modifications. Never had the temper of William been more severely tried. He was provoked by the perverseness of his allies; he was provoked by the imperious language of the enemy. It was not without a hard struggle and a sharp pang that he made up his mind to consent to what France now proposed. But he felt that it would be utterly impossible, even if it were desirable, to prevail on the House of Commons and on the States General to continue the war for the purpose of wresting from France a single fortress, a fortress in the fate of which neither England nor Holland had any immediate interest, a fortress, too, which had been lost to the Empire solely in consequence of the unreasonable obstinacy of the Imperial Court. He determined to accept the modified terms, and directed his Ambassadors at Ryswick to sign on the prescribed day. The Ambassadors of Spain and Holland received similar instructions. There was no doubt that the Emperor, though he murmured and protested, would soon follow the example of his confederates. That he might have time to make up his mind, it was stipulated that he should be included in the treaty if he notified his adhesion by the first of November.
Meanwhile James was moving the mirth and pity of all Europe by his lamentations and menaces. He had in vain insisted on his right to send, as the only true King of England, a minister to the Congress. [813] He had in vain addressed to all the Roman Catholic princes of the Confederacy a memorial in which he adjured them to join with France in a crusade against England for the purpose of restoring him to his inheritance, and of annulling that impious Bill of Rights which excluded members of the true Church from the throne. [814] When he found that this appeal was disregarded, he put forth a solemn protest against the validity of all treaties to which the existing government of England should be a party. He pronounced all the engagements into which his kingdom had entered since the Revolution null and void. He gave notice that he should not, if he should regain his power, think himself bound by any of those engagements. He admitted that he might, by breaking those engagements, bring great calamities both on his own dominions and on all Christendom. But for those calamities he declared that he should not think himself answerable either before God or before man. It seems almost incredible that even a Stuart, and the worst and dullest of the Stuarts, should have thought that the first duty, not merely of his own subjects, but of all mankind, was to support his rights; that Frenchmen, Germans, Italians, Spaniards, were guilty of a crime if they did not shed their blood and lavish their wealth, year after year, in his cause; that the interests of the sixty millions of human beings to whom peace would be a blessing were of absolutely no account when compared with the interests of one man. [815]