tifiable to separate the hereditary dominions of the in any manner restore it to an identity with House of Austria from the body of the Spanish the line of France. The Branch of Philip monarchy; it being agreed and settled to this end was separated by the legal means of his by England with me, and with the king my grand- renunciation from the Royal stem of France, father, that in failure of me and of my issue, the Duke of Savoy and his sons and descendants, being males, born in constant lawful marriage, are to enter upon the succession of this monarchy.'

and all the Branches of France from the stem of the Blood Royal of Spain.' The branches were thenceforth distinct housesin the eye of public law,' as distinct as the The Duke of Orleans begins his Act of House of Orange is from the house of BraRenunciation by consenting that on failure ganza. We should not be justified, thereof Philip V., and of his descendants, the fore, in affirming that the marriage of the crown of Spain should pass over to the Duke of Montpensier with the Infanta could House of the Duke of Savoy; for otherwise, ever cause the succession to fall to the line as it has already been observed, on failure of of Orleans. Let us suppose, for example, the line of Philip, the Duke of Berry and that Queen Isabella should be succeeded by the Duke of Orleans would have been his her sister, and that the Infanta should leave lawful heirs. The French princes renounced an only son, who, being King of Spain, in the most absolute and unconditional man- should die without issue. Now, if the sucner, for themselves and their descendants, cession had passed to the line of Orleans, all right or title to the throne of Spain. The this prince ought to be succeeded by his Duke of Orleans especially declared that he nearest kindred, uncles or cousins of that held himself, his children, and descendants, House; but it is clear that such would not as excluded and disabled, absolutely and for be the case, inasmuch as the next repreever, and without limitation or distinction of sentative of Philip V., however remote in persons, of degrees, and of sexes, from every blood, would unquestionably ascend the act and from all right of succession to the throne. This exclusion of the French princrown of Spain. And he ratifies this exclu- ces would fulfil the terms of the renunciasion for himself and his descendants, in tion, and may, perhaps, in some measure whatever degree they may happen to be, have been contemplated by it when the and in what manner soever the succession Duke of Orleans declared himself and his may fall to his line, and to all others, descendants to be for ever excluded in whether of France or Austria. whatever DEGREE we may happen to be, and Ample and effectual as this Act of Re- in what MANNER soever the succession may nunciation is, we must be aware that it fall to our line.'

could only be intended to receive its prac- It seems to be forgotten that, although tical application on the extinction of the the Emperor took no share in the negotiawhole line, male and female, of Philip V. tions at Utrecht, stipulations were entered This is the preliminary condition expressly into by the contracting parties to the treaty, attached to all the renunciations; for so long by which his pretensions to the Spanish as a legitimate representative of Philip re- succession were disposed of in a very summained upon the throne of Spain, the suc- mary manner; and that the situation of cession could not be open, or the right be Austria with respect to Spain was rendered devolved upon another line. precisely similar to that of France.

Philip V., after reciting his renunciation of the throne of France, declares

It is to be recollected also, that the object of the Renunciation was, in reality, twofold: first, to prevent the union of the two crowns upon the same head; and secondly, that there also shall remain excluded reciprocally in the event of the failure of the line of from the succession to the monarchy of Spain all Philip, to prevent the succession of any the Princes of the Blood of France and all their prince of French blood, or of the House of lines, existing and future, and that in the same Austria, to the prejudice of the family of manner remain excluded all the Princes male and Savoy.

female of the House of Austria, existing and to come, so that the one and the other, by no foreseen or unforeseen case, can ever succeed to the Spanish monarchy and the states annexed thereto, or that hereafter may be appended to them.'

It is true, that, when the Treaty of Utrecht recognised the grandson of Louis XIV. as King of Spain, it may, perhaps, be said that by so doing the succession to the crowns of France and Spain was virtually established The Duke of Orleans, after declaring his in the same line. But this is playing on the own exclusion and that of all his descendword line. Philip was constituted the head ants from the Spanish throne, in what manand source of the Spanish branch as a dis- ner soever the succession may fall to his tinct and separate line; and subsequent line, goes on in the very same sentence to marriages could not affect its character, or say

and to all others whether of the House of France tered both the Emperor and the Queen of or of that of Austria, and of all the descendants Spain with the notion that their issue would both of the one, and the other House, which, as it reign over Austria, Spain, and Italy.'* is said and supposed, ought likewise to hold themselves for ever cut off and excluded.'

The exclusion of Austria is taken for granted in all the acts annexed to the sixth article of the Treaty of Utrecht; and the Emperor himself, in the third article of his treaty of peace with Spain, signed at Vienna in 1725,

cheerfully accepts and consents to all that was done, sanctioned, and settled in the Treaty of Utrecht with regard to the right and order of succession to the kingdoms of France and Spain.'

เ

But it has been asserted that the main object of the treaty of Utrecht was to prevent the too close and intimate union, or, as it is translated by the author of the Considerations' with all the emphasis of capitals, TOO INTIMATE AN ALLIANCE (nimis arcta conjunctio) between France and Spain. With refeence, however, to that union which the allied powers wish to prevent, and which it is supposed may now again be produced by the marriage of the Duke of Montpensier, it is perfectly manifest, from the whole course of the negotiations, and from the express terms of the treaties, that the only union the allies ever had in view, or intended to prohibit, was the union of the two crowns. in consequence of the renunciation he had him- This they had good reason to fear, both from leans having renounced, for himself and his de- the letters patent of Louis XIV. in the year scendants, all his rights and pretensions to the 1700, and from the acts of Philip himself; kingdom of Spain, on condition that neither the and against this they effectually provided in Emperor nor any of his descendants should ever the treaty of Utrecht. But they no more succeed to the said kingdom, his Imperial Majesty thought of prohibiting treaties by marriage acknowledges Philip V. as lawful King of Spain,' than they did of prohibiting treaties of alliance and friendship between the two royal

In the fourth article of the same treaty, the Emperor declares that

self made, and in consideration of the Duke of Or

&c.

It thus appears that, according to the lines; and we know perfectly well that their British interpretation of the treaties, an union might be cemented as closely by one Archduke would have been, equally with a mode as by the other. Perhaps, indeed, Prince of the House of Orleans, prohibited the greatest violation of the spirit of the from marrying the Infanta; the House of Austria being equally excluded in all time coming, and in what manner soever the succession may fall to their line.

treaty of Utrecht which has ever taken place is to be found in the Family Compact, concluded in 1761 by the House of Bourbon. This compact endured for thirty years, withIt is unnecessary to mention the various out any formal protest from this country, marriages of the House of Austria which although not without great dissatisfaction have since taken place with the Spanish and general complaint. At the close of the Royal Family; but as a proof that the Em-late war, and by a separate article in the peror did not think himself precluded by the treaty of Madrid of the 5th of July, 1814, treaty of Utrecht or by the treaty of Vienna we obtained from Spain the obligation from contracting such marriages, it is well never to enter into any treaty or engageknown that he retained his influence over the ment with France of the nature of that Spanish court for several years by holding known under the denomination of the Faout the assurance that the Archduchess Ma-mily Compact.' This was a much better ria-Theresa, the heiress of the Austrian security against the too close and intimate monarchy, should marry the Infant Don union of France and Spain than any obstaCarlos, the presumptive heir of the Spanish cles thrown in the way of treaties of marcrown, and who subsequently became King riage; and it is perhaps the most important of Spain under the title of Charles III.; advantage we have acquired as the result of while the sister of the Archduchess was our Peninsula campaigns.

destined for the Infant Don Philip. The The acknowledgment of Philip V. and prospect of these marriages caused great his descendants as Kings of Spain is a pordissatisfaction, and even some alarm in Eu- tion of the treaty of Utrecht, as fundamental rope, especially among the Princes of the and essential as the separation of the two Empire. But H. Walpole, when reprobat- crowns, or the renunciation of the princes. ing this supposed intention, in the House of There is no prohibition, nor even any mention Commons, and dwelling upon the danger to made in the treaty, of matrimonial alliances; the balance of power, did not say that it was but the Bourbons of France and Spain are opposed to the stipulations of any treaty.

It has been described in a very modern

Lord John Russell: Memoirs of Affairs of Euwork, already cited, as a project which flat-rope,' vol. ii., p. 30.

left perfectly free to contract these after the fanta would cease to reign in Spain, and the manner of other Royal Houses. The si- next lawful representative and descendant of lence of the treaty, and the subsequent con- Philip V. would succeed to that throne. duct of those who were actually concerned The engagements entered into in the early in framing it, sufficiently prove how this part of the last century appear to be suffimatter was to be understood. cient to accomplish the objects of the conThe Duchess of Montpensier is a descend-tracting parties; but should additional secuant of Philip V., and it is under the treaty of rities be thought necessary, it is probable Utrecht that she makes good her rights as that no great difficulty would be found in presumptive heiress of the Spanish throne. obtaining such provisions as would effectuTo attempt to defeat her claims, or those of ally meet the supposed contingency. We her children, on account of a marriage no- may observe, however, that notwithstanding where prohibited by the deed which calls our treaty rights, these are questions in her to the succession, would be an act of which, after all, Spain possesses the chief gross injustice to them, and a violation of and deepest interest, and with respect to the treaty itself. The pretension of exclud- which she will ultimately, in all probability, ing, by virtue of the renunciations, the issue act as becomes a sense of her dignity and indeof the Duke of Montpensier and the Infanta pendence. The time is long since past when from all right of succession, both in France other powers could control the decision of a and in Spain also-in one, as being descend- great people in matters of policy so purely ed from Philip V.-and in the other, as national and domestic. England and France springing from the Regent of Orleans-ap- have, both of them, changed and regulated pears so unreasonable as scarcely to merit the order of succession to the throne, in the serious attention.

manner which appeared best suited to their The abrogation of the Pragmatic Sanction own interests and welfare; and Spain herof Philip V.-which however was not itself self has already deprived of their birthright established until after the signature of the and excluded from the succession the neartreaty of Utrecht-makes no material differ- est male heirs to the crown. ence in the principle by which this marriage In the disturbed and uncertain state in must be considered; for although it places which that country is unhappily placed at the Infanta nearer to the succession, it does the present time, and is but too likely to not, strictly speaking, give her any new continue for years to come, the British Prorights. Unlike the princesses of France, test against the established order of succesunder the Salic Law, the Infanta was al- sion may, perhaps, excite resistance to ways capable, even by the Pragmatic Sanc- Queen Isabella's government and renew the tion, of succeeding to the throne, although horrors of civil war; it is, no doubt, well the prospect of that inheritance might have calculated to do so; but, notwithstanding been remote. We must, therefore, in prin- such encouragement, it is scarcely probable ciple at least, regard the Infanta and her that even the most pugnacious of mankind rights in the same light as we would have would venture to act upon this Protest, and done had all the male descendants of Philip to embark England in hostilities for interests ceased to exist. comparatively so unimportant in any na

It is certainly within the limits of possi- tional view. bility that, by the failure of the whole pro- When the Duke of Orleans declared the geny of his four elder brothers, the issue of perpetual exclusion of all his descendants, the Duke of Montpensier might become the male and female, from the throne of Spain, immediate heirs to the throne of France. in whatever manner the succession might But this event, however improbable, is pro- fall to their line, it must certainly have been vided for by the various stipulations of treaty, foreseen that intermarriages at some time or which expressly declare that the crowns of other would, or at least might, be contractFrance and Spain shall never be united upon ed between the different branches of the the same head, or in one and the same line. family of Bourbon. Had it ever been inIt follows, therefore, that the same principle tended to prohibit such marriages, and to by which the children of the Infanta would exclude their issue from the succession, it justly be admitted to carry on the line of would undoubtedly have been the duty of Philip V. in Spain would also exclude them the powers by whom the renunciations were from the French succession. But if, in vir- exacted from the French and Spanish printue of their father's rights, the issue of the ces, as well as from the House of Austria, Duke of Montpensier and the Infanta could to have announced and specified these ever be called to the throne of France, con- objects. In proportion, then, as the terms of sistently with the stipulations of the Treaty the renunciations are full, precise, and anxof Utrecht, in that case the line of the In-liously minute in all the details of their pro

visions, the more impossible is it to suppose I discoveries of modern times. The success that a forfeiture of this kind should be in- of Young and of Champollion in detecting curred by implication; or that it was ever in- a phonetic language in the mysterious hierotended that such consequences should ensue. glyphics of the Egyptian monuments, Had this intention existed, it would have worked out with so much labour, ingenuity, been easy for the parties concerned to have and sagacity by Wilkinson, Rosellini, and introduced a condition by which the issue Lepsius, and so fully summed up by the of these marriages should have been de- Chevalier Bunsen, has been followed by an clared incapable of succeeding to the throne attempt to decypher those singular signs of either country. and characters which are found on

It is true, however, that it may be doubt- bricks, on cylinders, on the remains of ful whether France and Spain, notwithstand- ancient buildings, and on the smoothed ing their exhausted state and their desire of surfaces of rocks, from the Euphrates, peace, would, even at that time, have been and even here and there in Syria, to brought to acquiesce in terms so degrading; the eastern boundary of Persia. We and we cannot reasonably expect that with- purpose to submit the results of these inteout the clear obligation of any treaty they resting inquiries, rather than the slow and should consent to do so now. laborious process of investigation. For, in Did our limits admit of it, we should the first place, a critical examination of the desire to print here at length the sixth arti- whole philology of the subject would recle of the Treaty of Utrecht, with all the quire an acquaintance with Sanscrit almost various Declarations and Renunciations in- as intimate as that of Wilson or of Bopp; corporated in it; for we think that no im- the toil and acuteness which Bouanouf has partial person could read these attentively devoted to the study of the Zend; and, if without being led to the conclusion that the we may so speak, the almost universal Oriarticle had no other object in view, than to entalism of Lassen ;-secondly, were we perpetuate by means of reciprocal renuncia- gifted with all these powers and with these tions the separation of the two crowns; and treasures of knowledge, we should still on the failure of the line of Philip V. in doubt whether we could make the subject, Spain, to secure the succession of the House within our prescribed limits, intelligible to of Savoy, to the exclusion of all the Princes the majority of our readers. of France and Austria.

The startling part of this discovery is, that this arrow-headed writing, as it is called, has been decyphered without that aid which suggested to the ingenious mind of Dr. Young the first elements of hieroglyART. VI.-1. The Persian Cuneiform In-phic interpretation. There is no Rosetta scription at Behistan, decyphered and stone, containing a transcript of the same translated, with a Memoir. By Major H. inscription in a known language. It was the C. Rawlinson. (Journal of the Asiatic Greek version which induced Dr. Young to Society. Vol. X. Part I.) London. 1846. seek out in the corresponding lines of the 2. Ueber die Keilinschriften der ersten und hieroglyphic inscription the important, and zweiten Gattung. Von Chr. Lassen und repeatedly recurring royal names of PtoleN. L. Westergaard. Bonn. 1845. my and Cleopatra. When Major Rawlin3. On the Decyphering of the second son writes of trilinguar inscriptions, he Achæmenian or Median species of Arrow- merely means different forms of the arrowheaded Writing. By N. L. Westergaard. headed character, representing the same text (Mémoires des Antiquaires du Nord.) according to different alphabets, and it Copenhagen. 1844. should seem, not merely different, but unaffi4. Beiträge zur Erklärung der Persischen liated languages. These three forms have Keilinschriften. Von Adolf Holtzmann. been commonly called the Babylonian, the Carlsruhe. Median, and the Persian. This triumph of 5. Die Grabschrift des Darius in Nakshi patience and sagacity, if, in spite of our Rustam erläutert. Von Dr. Ferdinand habits of prudent scepticism, we are right in Hitzig. Zurich. 1847. hailing it as a triumph, has this leading ar6. Lettres de M. Botta sur les Découvertes à gument, among many others, in its favour. Khorsabad. Publiées par M. J. Mohl. Three or four persons of different nations, Paris. 1845. the two most successful without connexion or common understanding with each other, OUR design in the following article is to have arrived at results on all main points so communicate to our readers, in a popular singularly coincident, as to be inconceivable, form, one of the most remarkable historical except on the supposition of their common

1845.

truth. M. Bournouf at Paris, Professor events of Jewish history the engrossing imLassen at Boan, with M. Westergaard, whom portance they possess in our minds, supwe will venture to call, without disparage- poses that eastern monuments can have no ment, Lassen's colleague (a Danish Orien- other conquests or captivities to record, but talist of great learning, especially in San- those related in our sacred writings; and scrit, and who was employed for four years that we see the Israelites in every sculpture, at the expense of his government, in the and read their names in every inscription. country where the inscriptions are chiefly In truth, in these very sculptures at Behisfound); and lastly, our countryman, Major tan, on which have now been discovered Rawlinson, whose labours at Bagdad, Per- Darius Hystaspes and his subject nations, sepolis, and Behistan, have recently ap- Sir Robert Ker Porter beheld Tiglath Pileser peared under the sanction of the Asiatic So- and the ten captive tribes. The number of ciety of London: all these, with several the ten prisoners was too tempting not at other Oriental scholars of note, have fol- once to suggest and confirm the illustration, lowed out the same system of interpretation; though Porter's imperfect Biblical knowand, with just discrepancy enough to show ledge led him to reckon the tribe of Levithat they have not acted in concert, have whose representative he discovered by a read the same signs into the same names; kind of sacerdotal mitre- -as one of the agree for the most part in the reconstruction captive tribes. Keppel, on the other hand, of the ancient Persian language; and, in imagining that one of the leading figures short, simultaneously present to us Darius was a female, readily transplanted another Hystaspes, proclaiming from the rocks of scriptural scene from Susa to Behistan, and Behistan and the buildings of Persepolis, his without hesitation turned the whole train titles, his history, the nations over whom he into Esther supplicating the king of Persia ruled, the rebels whom he subdued; and in behalf of her countrymen. All these his son Xerxes announcing his succession to fancies pass into our Pictorial Bibles, and the power and dominions of his father. publications of that class, as unquestionable We must say, that if all this be but a for- truths; and whoever ventures to call them tunate hazard; if by assuming that certain into doubt is probably looked on as a scepsigns are the equivalents of certain letters, tic, a rationalist, a neologist, or marked with exactly the names, which we might expect, some one of those vague opprobrious appelcome out from the process; if the right lations which are now familiarized in populetters always occur in the right parts of lar theology. But in truth, it is as yet only the words, and are found in other words, old Herodotus whose veracity has been so composed of the same elements; if the singularly confirmed by these discoveries. language into which the inscriptions are thus We must wait for any important lights to be read, bear the closest analogy in words, and thrown on the Jewish annals, or the earlier in some respects in grammatical construction, parts of the Old Testament, until the older to the Zend, and its parent Sanscrit, the Assyrian or Babylonian cuneiform writings very languages to which we should first shall have been compelled to reveal their have had recourse; if everything in the in- mysteries, till we have an alphabet framed scriptions coincides in the most remarkable out of their more complicated system of manner with the authentic history, yet so writing, and have found out the language by far differs, as in some points to be more full, which we must interpret their meaning. in others shows just that discrepancy which To Professor Grotefend belongs undoubtproves that the one has not been made up edly the honour of having opened the way out of the other; if all this be fortuitous, to later and more brilliant discoveries. or due to lucky ingenuity, we shall begin to first made out certain of the names of the have some faith in the old atomic theory; great Achæmenian dynasty, Cyrus, Hystasand to find more than splendid poetry in the pes, Darius, Xerxes. He was the Young Democritean system of Lucretius. More-of cuneiform interpretation. These cuneiover, there is in the present case, as yet, no form, or arrow-headed characters, are soappeal to that strong and natural, we hardly called from one of the elements of which like to use the word, pardonable religious they consist, a straight line, slightly divided zeal, which has so often bewildered devout at the top like the notch of an arrow, and men into rash and hasty conclusions. So ending in a point, so as to represent a kind far, we have nothing to flatter that passion of wedge; the other element is an angle <. for Scriptural illustration to which the most Professor Grotefend observed that a number rationally pious are hardly superior; which, of these wedges or angles, of larger or from the days of Wilford, has dazzled our smaller size, perpendicular or horizontal, eastern scholars, and which, lending to the grouped together, were usually divided from

He