There he was visited by count Tallard the French minister, who had instructions to negotiate the treaty concerning the Spanish succession.

The earl of Portland, by his majesty's order, had communicated to Secretary Vernon the principal conditions which the French king proposed; he himself wrote a letter to lord chancellor Somers, desiring his advice with regard to the propositions, and full powers under the great seal, with blanks to be filled up occasionally, that he might immediately begin the treaty with count Tallard.

At the same time he strictly enjoined secrecy.

The purport of Portland's letter was imparted to the duke of Shrewsbury and Mr.Montague, who consulted with the chancellor and Vernon upon the subject, and the chancellor wrote an answer to the king as the issue of their joint deliberation; but before it reached his majesty, the first treaty of partition was signed by the earl of Portland and sir Joseph Williamson.

The contracting powers agreed, that in case the king of Spain should die without issue, the kingdom of Naples and Sicily, with the places depending on the Spanish monarchy, and situated on the coast of Tuscany or the adjacent islands; the marquisate of Final, the province of Guipuscoa, all places on the French side of the Pyrenees, or the other mountains of Navarre, Alva, or Biscay, on the other side of the province of Guipuscoa, with all the ships, vessels, and stores,--should devolve upon the dauphin in consideration of his right to the crown of Spain, which, with all its other dependencies, should descend to the electoral prince of Bavaria, under the guardianship of his father; that the duchy of Milan should he settled on the emperor's second son, the archduke Charles; that this treaty should be communicated to the emperor and the elector of Bavaria, by the king of England and the states-general; that if either should refuse to agree to this partition, his proportion should remain in sequestration until the dispute should be accommodated; that in case the electoral prince of Bavaria should die before his father, then the elector and his other heirs should succeed him in those dominions; and should the archduke reject the duchy of Milan, they agreed that it should be sequestered and governed by the prince of Vaudemont.