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juftify their Treating with him; And therefore thole "Cantons have declared, that they only treated with the Duke of Anjou, as Poffeffor of the Milaneze, with out deciding his Right, which, in Effect, did not be'long to them to do."Tis true, thofe very Cantons had acknowledg'd the Duke of Anjou as King of Spain: 'But that proves nothing against you, who have not 'done the fame: So that whether we consider the Right 'or Poffeffion, thofe two Reasons are equally falfe in ' reference to you; for as to his Right, you never ac knowledged it; and as to the Poffeffion, you know "King Charles III. has it, together with his Imperial Majefty's Inveftiture, as a Fief of the Empire. The Queftion therefore, Magnificent Lords, comes only to this, viz. Whether you will break off all Commerce 'with the Milaneze, or continue to obferve the Articles for the fame, as you have ever done, fince the Death of CharlesII. King of Spain, until they can be renew’d 'on Conditions more advantageous for your State, 'by the Mediation of thofe Powers who will efpoufe your Intereft. For 'tis not just, you know, Magnificent Lords, that King Charles III. fhould be oblig'd 'to perform fuch Articles of the Capitulation as are advantageous to you, and that you should be per'mitted to reject the Article concerning Paffage, which is the most important of all to him, at this prefent Juncture: The Treaty is reciprocal, and equally binding on both fides.

If Monfieur de Graville fhould fay, that the Duke of Anjou has not demanded Paffage, whilft he was in Poffeflion of the Milaneze, it may be anfwer'd, that Monfieur de Barbezieres's Commiffion, when he pafs'd thro' thefe Countries during the War in Bavaria, is very well known: But without infifting upon that, I fhall fay, that the Reason why he did not demand Paffage, is because he had no need of it, to enter into the Milaneze, which was the on'ly Paffage you were at liberty to grant him, without infringing your other Alliances. "Twas of much greater Importance to him, to hinder the Allies from making use of it, and therefore the Mini'fters of France and Spain did fo earnestly follicit you to fhut up your Paffages to both Parties: But the 'chief Argument on which Monfieur de Graville grounds his Reafoning, is the Declaration you have

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made, not to grant Paffage to either Party. Give me leave Magnificent Lords, to examine, in few Words, the ftrength of this Objection: But before I enter upon that Examination, I cannot forbear taking notice to you of a Thing which he advances as Matter of Fact, which is not fo. I own he mentions it by

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of Interrogatory, but in fuch a manner as to make it believ'd by every body, aud even by your felves, who know the contrary. Have you not oblig'd your felves, Magnificent Lords, fays he, by a folemn Oath, conftantly to shut up your Paffages? &c. You know, Magnificent Lords, that you have ta'ken no Oath about it, fo that you cannot avoid an'fwering him, You have not: I am willing to think that Monfieur de Graville has commited this Error by Overfight; However, the little Care he takes to enquire into the Truth of fuch material Paffages before he advances them, ought to teach you not to give Credit, too eafily, to his Affertions: But I return to his Reafoning. In order to examine it well, We must confider the time when that Decla⚫ration was made, and the End for which you made

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it. As to the Time, it was when the Duke of 'Anjou was in Poffeffion of the Milaneze, and the De. fign of it was to preferve your Commerce in that Country; but that time is now no more, the Duke of Anjou is no longer Duke of Milan, either by Right or in Reality; nor can the End you made it for "take place, at prefent. For otherways it would follow, that the means you then made ufe ot, for 'preferving your Trade in that Counrry, would change Nature, and become the very means to make you lofe it; fo that you should de'ftroy Yourselves with your own Weapons. Monfieur de Graville muft frankly own, that you meant this Declaration in a limited Sence, with Refpect 'to the Circumftances of Time, and the Pofture Affairs were then in; Otherways, you would have 'made your felves accountable for the Events of the War, and expos'd your felves to the Inconveniencies you defign'd to avoid by that Declaration. Let us fuppofe theWar fhould laft ten Years longer, muft you therefore be oblig'd to deprive your felves of the Trade and Advantages you receive from the Milaneze, during all that time, upon Account of

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a Declaration, you only made with Defign alw to enjoy the fame, notwithstanding all the Cha which the Fate of War might produce? Your too clear fighted and penetrating, Magnificent Li 'to be fnar'd; into fuch an Abfurdity, and the Mi nifter who gives you thofe ill Counfels, under Pr tence of Friendship, would but laugh at it. Yo 'know that a good Pilot, that will bring his Ship fafely into Harbour, muft fteer with the Winds in ftead of Braving them; and I am satisfy'd that yo are too good Patriots, to take upon your felves and draw on your Pofterity, the Confequences, whit fuch a Conduct as Monfieur de Graville advifes you to, might have.

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This is what I thought neceffary to answer to that Part of his Memorial, which relates to the Juftice of your Proceeding, in granting us Paffage. As to the Political Intereft of your State, I have already laid open the Advantages and Difadvantages which you may expect from each Party; 'Tis your bufinefs to weigh both, and chufe what fuits beft with you, in the prefent ftate of Affairs. I fhall now only add fome fhort Remarks, by the by, upon the other Paffages of Monfieur Graville's Memorial, that feem to deferve a Confutation. Monfieur de • Graville would fain infinuate to you, that the Emperor's Minifters have formed a Defign to fecure, one day, your Paffes. God knows from whence he has this piece of News; for my part, I think he is the only "Man that has heard of it; and I am perfwaded you will give no Credit to it. Had the Emperor, and his Allies, form'd that Defign, they would not intreat you by their Minifters, as they now do, to grant them the fame, as good Friends, Allies and "Neighbours; and befides they know very well, that had they fuch a Defign, you always have Power and means to defend thofe Paffes,against all thofe that fhould undertake to force them..

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Monfieur de Graville towards the Clofe of his Memorial, endeavours to create in you Sufpicions concerning the Sincerity of the Friendship and good Will of the Queen my Miftrefs towards your Republick, and the Offers of Affiftance, I have made you on Her bebalf, in cafe of neceffity; To which I will make no other Anfwer, except that Monfieur de Graville, himself

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might point out to you Princes and States more remote than yours, who have felt the good Effects of the Queen's Alliance, as well by Troops, as Subfidies; and that I have the Honour to ferve a Princess who makes a Confcience of obferving punctually Her En ́gagements, and who never broke a Treaty, nor was wanting to her Promises. I agree with Monfieur de Graville, that your Paffes are of great Importance, and a Gift of Nature, from which you may draw great Advanges by opening them feasonably; But if you fhould follow Monfieur de Graville's Counfel, you would make them entirely ufelefs to you, or rather they would be the Spring of many Mischiefs might befall you. I therefore conclude with telling you, Magnificent Lords, that if ever you defign to open your Paffes in order to draw any Advantage from them, 'tis at this prefent Juncture, when you may do a good Service to all the High Allies in General, which will engage them to intereft themfelves in every thing that may promote the Welfare and Safety of your Republick.

Coira, Feb. 19. 1707.

that

I am most truly,
Magnificent Lords,
Your moft Affectionate to serve You,

A. STANIAN

The QUEEN of Great Britain's Interpofing in this Affair, bad fuch Weight with the States of the Grifons, that notwithstanding the Endeavours of the French Minifter, the following Treaty was concluded, between that Republick and the Imperial Ambassador.

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Hereas, upon the Requeft of the fubfcribed 'Ambaffador of his Imperial Majesty, and her Majefty of Great Britain, it hath been rerefolved upon, and concluded between the faid Ambaflador, in the Name, and on behalf of his Principals, on the one part, and the Republick of the Grifons on the other part; That the faid Repub lick is to grant Paffage to the Troops of his Imperial Majefty, and the reft of the Allies, to march

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through their Country into Italy, during this prefent War, (which Paffage hath been granted, not out of "a Duty and Obligation, as the faid Ambaffador has defired it now, but merely out of a great Efteem and Love we bear to his Imperial Majefty, and to his Allies) as long as the Affairs in the Dutchy of Milan are in the prefent Pofture: But with an exprefs Provifo, that His Imperial Majefty, and 'his Allies, will bear and keep the faid Republick ⚫ harmless, and indemnify'd now and hereafter for ever: The faid Republick, hereupon, has held a General Council of State, wherein they have unanimously agreed and concluded, with the faid Ambaffador Extraordinary, That whereas His Imperial Majefty, and Her Majefty of Great Bri tain, and the States of this Republick together, have always taken all imaginable Care, that no Prejudice nor Damage might accrue to the faid Republick of Grifons, because of their Confent and "Permiflion given for the March of the Troops of the Allies through their Country, therefore the 'faid Ambaffador engages in the Name of his al ready mentioned Principals purfuant to their me 'Gracious and good Intentions, that

First, In Cafe the faid Republick shall incur any 'Damage or Prejudice, Hoftile Invafion, or other Inconveniencies, and Charges whatsoever, by reafon of their Confent for the Paflage either now or at any time hereafter, or be in any manner molested or difquieted upon the fame Account, full and Plenary Satisfaction and Reftitution fhall be made to the faid Republick, by his Imperial Majefty, "her Britannick Majefty, and the reft of the Allies; and that they fhall affift and fuccour them with Men, Money, and other Neceffaries with all fpeed, according as neceflity requires, and fhall not for'fake them or leave them deftitute of Affiftance at ⚫ any time. And whereas his Imperial Majefty, has fent and notify'd to the faid Republick, frequent Aflurances to obferve and perform, all and every Article of this Treaty folemnly and punctually, ⚫ therefore,

Secondly, It is exprefly promised again by Virtue "hereof, that the faid Treaty fhall be punctually obferved and performed, and that all the new Cu:ftoms

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