The matter of Habsburg or Bourbon control of the Spanish crown had been further confused following the death of Joseph Ferdinand of smallpox in 1699 at the age of six, reopening the issue of the Spanish succession.

England and France soon ratify the Second Partition Treaty, assigning the Spanish throne to the Archduke Charles.

The Italian territories will go to France, while the Archduke will receive the remainder of the Spanish empire.

The Austrians, who are not party to the treaty, are displeased, for in the first case they have openly vied for the whole of Spain and its possessions, and in the second it is the Italian territories that interest them most, being richer, closer to Austria, and more governable.

Distaste for the treaty is even greater in Spain; the courtiers are unified in opposing partition, but are divided on whether the throne should go to a Habsburg or a Bourbon.

Pro-French statesmen, however, are in the majority, and Charles II agrees in October 1700 to bequeath all of his territory to the Dauphin's second son, the Duke of Anjou.

Charles takes steps to prevent the potential union of France and Spain; should Anjou by chance inherit the French throne, Spain is to go to his younger brother, the Duc de Berri, and thereafter Archduke Charles will be next in the line of succession.