little that we were in a manner left disconsolate and next to Despair And what could that be alas but the Death of the best of Queens the best of Wives nay the best of Women our most Gracious Sovereign Lady Mary Queen of Great Britain France and Ireland which happen'd on the 28th of December at her Palace of Kensington after she had lain some few Days sick of the Small-Pox To attempt her Character would be Arrogance in me since it has been done so well by so many learned Pens But I cannot omit remarking the Answer as I have heard His Majesty who knew her best was pleased to make the Archbishop of Canterbury when he went to comfort him for his great Loss That he could not chuse but grieve seeing she had been his Wife for 17 Years and yet he never knew her guilty of an Indiscretion And to add what most People are apt to pass over untouched That she was certainly a Princess of real Piety which I should not say if I had not known some Circumstances my self concerning her upon that Account that were evident tokens of it Wherefore I shall end this unhappy Year with the Parliament and Nation 's Condolance of the King upon this great Loss as himself was pleased to express it and their Protestations to stand by him against all Opponents whatsoever both at home and abroad And the Truth of it is if ever Addresses were real and unfeigned they were those made upon this Occasion since it has been obvious to any Man of Observation that that sad Providence did very much heighten Men's Affections to His Majesty's Person which being before as it were divided between him and that beloved Princess were now entirely cemented into one year 1695 But tho' the Nation laboured under this great Sorrow for our unretrievable Loss as we did also from the Badness of our Coin which had been a long growing Evil upon us and began now to be very intolerable yet there was no going back And therefore the Parliament went roundly to work and besides some other useful Bills had by the 11th of Feb. prepared for the Royal Assent An Act for Granting 4 s. in the Pound to His Majesty And for Applying the Yearly Summ of 300000 l. for Five Years out of the Duties of Tunnage and Poundage and other Summs of Mony payable upon Merchandizes Exported and Imported for Carrying on the War against France with Vigour But what Zeal soever the two Houses in general shewed for the common Cause there was such a Brangle at this time among them especially in the Upper House about sending of the Fleet to the Streights that tho' some under the specious Pretence of Good Will towards the Government took upon them to shew the Inconvenience of it Yet the major part of that most honourable Assembly shewed themselves to have far different Sentiments by their Address of Thanks to the King for so ordering it And it happen'd â— little favourably as if it had been a Confirmation of their Lordships Judgments that News came soon after which gave an Account that some Frigats which Admiral Russel had sent out to cruise had taken 2 French Men of War of the bigger Size near Messina So that the other Party was now obliged to acquiesce and the Lovers of the Government to go on with the King's Business But it was the middle of April or thereabout before there were any more Mony-Bills ready when His Majesty signed among divers others An Act for enabling such Persons as had Estates for Life in Annuities payable by several former Acts therein mentioned to purchase and obtain farther and more certain Interests in such Annuities And in Default thereof for Admitting other Persons to purchase or obtain the same for Raising Moneys for Carrying on the War against France An Act for Granting to His Majesty certain Rates and Duties upon Marriages Births and Burials and upon Batchellors and Widowers for the Term of 5 Years for Carrying on the War against France An Act for Granting to His Majesty several Additional Duties upon Coffee Tea Chocolate and Spices towards Satisfaction of the Debts due for Transport-Service for the Reduction of Ireland And then he was pleased to tell them that the season of the Year was so far advanced and the circumstances of affairs so pressing that he very earnestly recommended unto them the speedy dispatching of such business as they thought of most importance for the publick good because he was to make an end of the Sessions in a few Days which was done accordly after the signing of some other Bills which the Parliament had dispatched and among the rest An Act to grant unto the King certain Duties upon Glass-wares Stone and Earthen Bottles Coal and Culm for carrying on the War as before Then it was that he told them the necessity there was for his Presence abroad but that he would take care to have the administration of Affairs during his Absence put into such Persons hands on whose care and fidelity he could entirely depend and that he doubted not but they both Lords and Gentlemen in their several Stations would be assisting to them and that what it was he required of them was to be more than ordinarily vigilant in preserving the publick Peace In pursuance to this His Majesties Resolution he was pleased before his Departure which was on the 12th of May to appoint in Council the Lord Archbishop the Lord Keeper the Earl of Pembrook the Duke of Devonshire the Duke of Shrewsbury the Earl of Dorset and the Lord Godolphin to be Lords Justices of England for the Administration of the Government during his Absence beyond the Seas where as before he was Commander in Chief of all the Confederate Forces which were this Campaign very strong and out-numbred the French 20000 Men which yet was no such odds as to act offensively as they did as the Duke de Villeroy was over the Armies of France in the room of the Duke of Luxemburg who died towards the beginning of this Year There were two Camps formed for the Confederate Army the one was at Arseel to be commanded by the King in Person and under him by the old Prince de Vaudemont to whom His Majesty had given last Winter the Command in chief of his Armies and the other at Ninove under the Elector of Bavaria and the Duke of Holstein Ploen The King after his usual Divertion went on the 27th of May from Breda to Ghent where the Inhabitants made great preparations to receive him with demonstrations of Joy suitable to what they owed to so great a King and the Protector of their Country and could not have done more to their own Sovereign the King of Spain had he come among them But though the King ordered the Rendesvouz of his Army in the foresaid place and that the Elector himself advanced towards the Scheld yet it is very likely that at the very beginning of the Campaign His
way towards the introducing the Popish Religion into the Nation they took especial care to prevent the like for the future by Enacting in concurrence with the Royal Authority That the Kings and Queens of England should be obliged at their coming to the Crown to take the Test in the first Parliament that should be called at the beginning of their Reign and in the Bill of Succession added a Clause That if any King or Queen of England should embrace the Roman Catholick Religion or Marry with a Roman Catholick Prince or Princess their Subjects should be absolved from their Oaths of Allegiance They also annull'd the pretended Parliament in Ireland and also ordained That all those who should take up Arms against the King after the 24th of Feb. or should hold Correspondence with his Enemies should be guilty of high Treason And granted the King 2 Shillings in the Pound upon Land with the necessary Clauses and Restrictions and appropriated Part of the Mony for Payment of the Seamen and setting out the Fleet. After this being prorogued to the 12th of Apr. they were by Proclamation dissolved upon the 6th of Febr. and the King by the same Proclamation called a Parliament to meet on the 30th of March to whom he delivered himself to this Effect That being resolved to omit nothing on his Part that might contribute to the Peace and Prosperity of the Nation and to that end believing his Presence absolutely necessary in Ireland for the Reducing of that Kingdom he had called them together to desire their Assistance that he might be in a Capacity to carry on the War there with Speed and Vigour To which purpose he desired them to hasten the settling of the Revenues of the Crown and that he might have a Fund in the mean time settled upon the Credit whereof he might raise Mony for the present Exigences of the Nation Then he recommended to them the passing of an Act of Oblivion such as he had ordered to be drawn up for the preventing the loss of time usually spent in Deliberations of that kind and wherein but few were excepted that his Subjects might see he had no other Intentions but such as were conformable to the Laws of the Land and to leave those without Excuse that should go about to disturb the Government in his Absence And lastly recommended to them the Vnion with Scotland and then informed them That he intended during his Absence to leave the Administration of the Government in the Hands of the Queen and desired them to prepare an Act to that Purpose concluding with an earnest Desire that they would be as speedy in the Dispatch of Business as possibly they could in regard his Expedition into Ireland would not admit of any long Session The Parliament went roundly to work upon this Speech of the King 's yet so that it took up some time before they could bring all their Matters to bear But at length the Act of Oblivion after many Difficulties removed and so long desired by the King was approved and past so was another for putting the Administration of the Government into the Queen's Hands not only during the King's Absence in Ireland but when-ever his Affairs should call him out of the Kingdom They also found out Ways to raise the Subsidies that were granted settled the Revenues and divers Persons did in the mean time advance Money for the King 's present Occasions and that nothing might happen to the Prejudice of the Government while the King was absent the Deputy-Lieutenants of the Counties were authorized to raise the Militia in case of necessity and all Roman Catholicks ordered to repair to their places of Abode and not to stir above 5 Miles from thence without leave and all that held any Imployment in the State tho' never so inconsiderable to swear Fidelity to the King and Queen Thus Matters being brought to a good Conclusion his Majesty after returning them his Thanks Prorogued them to the 17th of June and then hasted for Ireland where he arrived on the 14th of the same Month and where at present we shall leave him and see what was doing nearer home The Rebels in Scotland under the Command of Colonel Cannon tho' not otherwise considerable for their Strength then by the unaccessible Places they possess'd in the Highlands yet continued still in a Body and took their Opportunity to make frequent Incursions into the Low-lands to plunder and spoil more like a Company of Banditti than Regular Troops over whom the Government there however kept a vigilant Eye and detected some Correspondence held between them and other Persons in Edenburg and elsewhere who before pretended to be Friends but it ended in the close Confinement of them Yet notwithstanding all this they could not prevent them from receiving some Succour from without For King James notwithstanding the Delay of the French Succours which did not arrive in Ireland before the 4th of March yet built so very much upon them that tho' he had neither Ammunition nor Provision to spare he caused in the mean time two Frigats to be rigged up at Dublin laden with Cloaths Arms and Ammunition and sent them away to his Friends in Scotland having besides on Board them Colonel Buchan Colonel Wauhup and about 40 Commission-Officers more who had all the good Luck to get safe into the Isle of Mull. With this Reinforcement they were so incouraged that sometime after that they adventured to the number of 1500 to march as far as Strathspag in the County of Murray which Sir Thomas Levingstone no sooner understood and being unwilling to give them any Opportunity for a farther Accession of Strength in being joyned with other Malecontents but he took along with him 800 Foot 6 Troops of Dragoons and 2 Troops of Horse and fell upon them so suddenly that the Horse and Dragoons entring their Camp put them into such an immediate Confusion that they betook themselves to flight leaving between 4 and 500 of their Number slain upon the Spot an 100 taken Prisoners and among them 4 Captains 3 Lieutenants and 2 Ensigns nor had any of them escaped had not a thick Mist fell in the height of the Execution This was no sooner done but Sir Thomas advanced to the Castle of Lethirgdey commanded by Colonel Buchan's Nephew and having lodged a Mine under it quickly brought the Garrison to surrender at Discretion Neither was Major Ferguson less successful in the Isle of Mull where he landed and destroy'd several Places belonging to the Enemy forcing them to desert the Castle of Dewart and betake themselves to the Hills Nor yet was the Blow given them by the Scotch Parliament of less Importance for besides their Passing an Act to restore the Presbyterian Ministers that were thrust from their Churches since the 1st of Jan. 1661. they made another declaring all those Rebels that were actually in Arms against the King and Queen But notwithstanding the ill Success of the Jacobites in
to bethink themselves of a new Captain General and this Trust and Honour they unanimously devolved on the serene Doge Morosini who had formerly served the Republick so successfully and which nothing now but his great Age made him seem unwilling to accept of As for the Polish Army I think they made a shift to get into the Field by Sept. and in Oct. to block up Caminiec and 't is well had they done that to purpose for as to any thing else they never went about it And now having run thro' the several Transactions of Europe it 's time to close this Year with a few Particulars About the beginning of the Year died the famous Robert Boyle Esq who was a Philosopher under a particular Character as being addicted to the Study of Natural Philosophy and perhaps never any Man dived so deep into the Knowledge of Nature as himself which yet was so far from being attended in him with that Atheism that is too too usual for such speculative Heads that he was always in his Life time esteemed a very pious Man and sincere Christian of which he gave a most convincing Testimony at his Death by the Legacy he left to have a Monthly Sermon preached against Atheism On the 7th of June hapned a most terrible Earthquake in the Island of Jamaca in the West-Indies which did most prodigious Damage especially at the Town of Port-Royal the best of all the English Plantations and the greatest Mart in that part of the World which was in a manner entirely ruined and not only so but 't was computed no less than 1500 People perished in it And upon the 8th of Sept. following about 2 a Clock we felt an Earthquake also in England and particularly in London the like no Man living knew before but blessed be God it did no harm with us nor upon the Continent where it was felt in the same time and manner On the 24th of Dec. died the most serene Electress of Bavaria at Vienna in the 23d Year of her Age after she had undergone several Discomposures from the 28th of Oct. when she was brought to bed of an Electoral Prince This Year was also fatal to Prince Waldeck Camp-Master-General to his Imperial Majesty and the States and on whom the Emperor conferred the Dignity of a Prince by reason of his Merit for he was a Politick and Able as he was unfortunate and the Services he had done him in Hungary and other places but the same died with him Neither ought we to forget that this Year the Duke of Hanover a Protestant Prince had been advanced to an Elector of the Empire and so a Ninth Electorate constituted thereby year 1693 It may be remembred we left King William in the close of the Campaign going to his Diversions in Holland from whence he returned into England before whose Arrival things were so managed in Ireland by my Lord Sidney Lord Lieutenant of that Kingdom that the Parliament there made not only an Act of Recognition of their Majesty's title to that Crown and another to get other Protestants to settle in that Kingdom but one for an additional Duty of Excise upon Beer Ale and other Liquors for the Support of the Government And Scotland seemed very zealous and forward to contribute new Levies or whatever else their Majesties desired And to be sure the Parliament of England that had hitherto on all occasions been ready to promote the King's just designs would not be behind-hand now but took his Majesty's Speech so effectually into their Consideration that before the end of Jan. they passed the Act of Granting to their Majesties an Aid of 4 s. in the Pound for carrying on a vigorous War against France and soon after another that granted certain Rates and Duties of Excise upon Beer Ale or other Liquors for securing Recompences and Advantages in the said Act mentioned to such Persons as should voluntarily advance 1000000 l. for the purposes declared in the Act by paying into the Receipt of his Majesties Exchequer the fore-mentioned Summ before the 1st of May 1693. upon the terms expressly mentioned in the said Act neither did they stop their Handâ— here but proceeded chearfully to other Methods for compleating the necessary Supplies and by the 14th of March the King among others signed two Mony Acts more viz. An Act for Granting to their Majesties certain additional Impositions upon several Goods and Merchandizes for prosecuting the present War with France and an Act for a Review of the Quarterly Pole granted to their Majesties the last Session of Parliament After this the King made a Speech to thank them for what they had done to recommend the Publick Peace to them and Equity in levying what they had so freely given then prorogued the Houses to the 2d of May and in the mean time went himself for Holland But before his Departure did by what Advice I will not determine lay aside Admiral Russel who had beaten the French Fleet last Year and received the Thanks of the House of Commons for it whereof he was then a Member but since made a Peer by the Stile and Title of Earl of Oxford and last Year one of the Lords Justices of England and constituted Henry Killigrew Esq Sir Ralph Delavall and Sir Clovesley Shovel to command the Fleet this Summer The Fleet was numerous and ready pretty early as was also a great Fleet of Merchant-men near 400 Sail in all of English Dutch Hamburgers c. prepared to sail to the Streights under the Convoy of Sir George Rook with a strong Squadron of Men of War with whom the grand Fleet was to keep company till they came to such a Latitude or as was given out in those times by some till they had certain Information where the French Fleet was Which made their Orders discretionary and Sir George who seemed to have some foresight of the Danger exprest himself very loath to part with them But however seeing he could not help it he sailed on and leaving by the way the Vessels bound for Bilboa Lisbon Sr. Tubes and other Ports under Convoy of 2 Men of War which made Sir George have no more with him than 21 now The account of his Expedition as himself sent an Express of it was briefly thus That indeed he had discovered the French Fleet about 20 Leagues short of Cape St. Vincent which made him call a Council of War wherein it was resolved that the Wind being fresh Westerly and giving a fair opportunity to hasten their Passage to Cadiz the Merchants should make the best of their way That upon the Discovery of the Enemies whole Fleet upon the 16th he brought too and stood off with an easie Sail to give what time he could to the heavy Sailors to work away to the Windward sending away the Sheerness to order the small Ships that were under the Shore that they should endeavour to get along the Shore in the Night
Points and Articles therein contained and declared have for our Selves our Heirs Successors Kingdoms Countries Lands Lordships and Subjects accepted approved ratified and confirmed and do accept approve ratifie and confirm the same and do promise upon the Word and Faith of a King to keep and observe the whole inviolably without ever acting to the Contrary directly or indirectly in any sort or kind whatsoever and thereto we oblige and mortgage all and every our Goods that are or shall be In witness whereof we have Signed these Presents with our own Hand and have made our Seal to be set thereto Given at St. Germain en Laye Aug. 18. in the Year of Grace 1678. and of our Reign the 36th Signed Lewis By the King And underneath Arnauld The ARTICLE concerning the Prince of Orange AS in pursuance of the War which for some Years has happened betwixt the most Christian King and the States-General of the Vnited-Provinces of the Low-Countries his Majesty caused to be seized all Things belonging to the Prince of Orange as well the Principality of Orange as other his Lands and Seignories lying in France and granted the Revenues thereof to Monsieur the Comte d' Auvergne who enjoys the same at present and since by the Grace of God a Peace is settled by the Treaty this Day concluded and so all the angry Effects of War ought to cease his Majesty hath promised to the said Prince and doth promise by this separate Act that immediately after the Ratifications exchanged his Majesty will take off the said Seisure and cause the said Prince to be restored to the Possession of the said Principality and of the Lands which belong to him in France Franche Comte Charleroy Flanders and other Countries depending upon his Majesty's Rule and to all his Rights Actions Privileges Usages and Prerogatives in such Estate and Manner as he enjoyed the same till he was dispossess'd by reason of the present War Nimeguen Aug. 10. in the Year of our Lord 1678. Marshal D'Estrades Colbert De Mesmes H. Beverning W. de Nassaw W. Haren WE well liking the separate Article aforesaid in all and and every Point thereof have by these Presents Signed with our Hand allowed approved and ratified and do allow approve and ratifie the same promising upon the Faith and Word of a King to fulfil observe and cause to be observed the same truly and faithfully without suffering any Thing to be acted directly or indirectly to the Contrary thereof for any Cause or upon any Occasion whatsoever In witness whereof we have Signed these Presents with Our Hand and have caused Our Seal to be put therto Given at St. Germain in Laye Aug. 18. in the Year of Grace 1678. and of our Reign the 36th Signed Lewis By the King And underneath Arnauld The Day after the Signing of this Peace came over the Ratification of the late Treaty between the King and States with Orders to Sir Will. Temple to proceed forthwith to see the Exchange of them which he did accordingly tho' after the Counter-pace made by the Dispatch sent by De Cross and the Consequences of it the same seemed now as unnecessary as it had been at first unresolved at the English Court and unexpected by the Dutch who many of them now were as unsatisfied with the Peace and especially with the Precipitation of Monsieur Beverning to Sign it upon the sudden Offer of the French Ministers to evacuate the Towns and before he had acquainted the States with it and received new Orders thereupon as the generality of that Nation were weary of the War but the Thing was done and after some Contestation the City of Amsterdam declaring her Approbation of it the rest of the Provinces came soon to acquiesce also in the same But while these Matters were transacted in the Cabinet there was a Work of another nature undertaken in the Field Mons had been straitly Blocked up for some time by the French Army under the Command of the Duke of Luxemburg who was so confident of the good Posture he was in that he sent the Mareschal d' Estrades one of the French Plenipotentiaries at Nimeguen word He was so Posted that if he had but 10000 Men and the Prince of Orange 40000 yet he was sure he could not be Forced whereas he took his Army to be stronger than that of the Prince But the Prince for all that and in spight of many Disadvantages from an Army drawn so suddenly together so hasty a March as that of the Dutch and Posts taken with so much Force and Fortified with so much Industry did upon Sunday the 17th of Aug. in the Morning Decampt with his own and the Confederate Armies from Soignes marched towards Roches and from thence resolved to advance towards the Enemy whose Right Wing was Posted at the Abby of St. Dennis and the Left at Mamoy St. Pierre with such advantage of Situation that they were almost thought unaccessible for besides the Woods there was only a Precipice led to them and that by narrow Paths About 12 the Cannon began to play upon St. Dennis and the Prince went to Dinner in the open Field just as the Duke of Monmouth arrived in the Camp when Dinner was ended the Battalions under the direction of Count Waldeck began to act on the side of the Abby and about 3 in the Afternoon made their Attack the Prince himself being there present and that with extraordinary Bravery all the Regiments of his Left Wing seconding one another in excellent Order In the mean time the Spanish Troops under the Command of the Duke de Villa Hermosa acted on the side of Chasteau being assisted by the Prince's Guards who had the Van and the English and Scots Troops Commanded by the brave Earl of Ossory The Action lasted from 3 in the Afternoon till 9 at Night during which the Prince rid toward Chasteau where the Dispute was likewise very sharp the Guards behaving themselves with extraordinary Vigour and the Earl of Ossory with his Troops doing Wonders The Prince himself was Ingaged among the foremost of the French who on such an occasion were not well to be distinguished from the Confederate Troops and Monsieur Overkirk shot a French Commander who attackt his Highness At last after a great Slaughter on both sides the Confederates remained Masters of St. Dennis Abby having thought fit to quit the Post at Chasteau by reason of the great difficulty they found to second their Attacks on that side The Duke of Luxemburg finding how things went on his side thought fit to Retire in the Night leaving his Dead many Wounded his Tents c. behind him and the Prince next Morning went to view the Camp the Enemy had Abandoned taking up his Quarters at the Abby of St. Dennis where the Duke of Luxemburg had had his the Day before But Advice of Signing of the Peace coming to the Prince next Morning from the States hindred the prosecution of this Advantage which
next Day and most part of the Night that followed But by how much the more Affectionate the Citizens and Nation appeared to be towards him the King and his Court proved to be so much the less so For all his Places of Profit and Trust were immediately taken from him Whereas the Duke of York was sent High Commissioner into Scotland where the Duke of Monmouth's Victory at Blackbourn had left a clear Field for the other to play his Game But this did not well agree with the King's Speech at the Opening of the last Parliament When he said That he had commanded his Brother to absent himself from him because he would not leave malicious Men room to say that he had not removed all Causes which could be pretended to influence him to Popish Councils and a little Time will shew it You have heard before that the King by Proclamation dissolved the Parliament upon the 12th of July and issued out Writs for the Meeting of another on the 17th of Oct. following But like the usual Methods of many other Things in this Reign when they met they were prorogued to the 26th of Jan. and from thence to the 5th of Ap. 1680. and further from thence to the 21st of Oct. when he graciously declared they should Sit and do Business These were strange doings and therefore the more sober Part of the Nation and such as had a due Regard to the publick Good bestirred themselves in the Interval of the first Prorogation to move the King in the most dutiful Manner for the Sitting of the Parliament and that you may have a true Idea of the Matter we will give you an Instance or two of the Entertainment they met with at Court upon this Occasion There came several Petitions to this end from divers Counties and Corporations and among the rest one from Wiltshire was on the 22th of Jan. presented to the King by Thomas Thynne Esq accompanied by Sir Walter St. Johns and Sir Edward Hungerford He asked them Whether they had Directions from the Grand Jury for what they did And Mr. Thynne having answered No the King replied Why say you then that you come from the Country You came from a Company of loose disaffected People What do they take me to be And what do you take your selves to be I admire Gentlemen of your Estates should animate People to Mutiny and Rebellion you would not take it well I should meddle with your Affairs and I desire you will not meddle with mine especially with a Matter that is so essential a Part of my Prerogative Another Petition of the like Nature being presented to him the Day following by Sir Gabriel Barrington Coll. Mildmay Mr. Honywood c. in the Names of themselves and others the Inhabitants of the County of Essex the Answer was That he was extreamly surprized to see them meddle with Matters that so immediately concerned the Crown and him and that against the Sense of the best and chiefest Men in the County that he believed that some of those that had Signed the Petition might mean well but that they were abused by those that did not To which he was pleased to add in my Mind a very strange Passage That he was not willing to call to mind Things past yet that he could not but remember the Act of Oblivion tho' not as some did That those who had stood in need of that Act would do well not to take such Courses as might need another and that he very well remembred 40 and so turned away And for the Berkshire Gentlemen and their Petition which was presented the same Day from their quarter-Quarter-Sessions he was pleased to droll it out saying That they would agree that Matter over a Cup of Ale when they met at Windsor tho' he wondered that his Neighbours would meddle with his Business Farther that the Nation as well as these respective Gentlemen might not be ignorant of the Court-Sentiments in these Matters these Answers were publickly inserted in the Gazzettes but without the Petitions as if they would have it suggested slily to the World that there were some audacious and very criminal Things contained in them Whereas the Abhorrers of Petitioning and consequently of Parliaments and of the Fundamental Constitution of our Government had the Honour of having their Addresses put in ample Manner into the Publick Prints which in these Times were stuffed with nothing else many of them to be Dubbed Knights and a good Soak of Wine in the King's Cellar to boot by particular Order which I know to be true on my own Knowledge The King being found to be of this Humour and there happening to be so long an Interval of Parliament by the several Prorogations that were made and the Duke doing what he pleased in Scotland there could be no very earnest Prosecution of the Popish Plot you may well imagine nay it was so far ridiculed in this Time by L'Estrange and others Pensioners of the Tory Party that indifferent Men began to doubt whether there were any such Thing or no while the Popish Faction began to trump up a new Plot upon the Whigs or Dissenters But their Designs being not laid close enough though the Devil was at the Bottom of them they failed and so I will leave Matters till the Sitting of the Parliament and see what they are doing all this while beyond the Seas King Charles finding himself weak at Home tho' I must speak my Conscience I know of no one so great an Instrument of it as himself it was high time to make some Alliances Abroad and the rather since France by the late Peace was grown so extream Powerful and in the Main had no great Reason to be satisfied with his Conduct whatever good Meen they were pleased from time to time to put upon it he sent Mr. Sidney into Holland towards the latter end of the last Year to propose to the States the making a Treaty of Guarranty for the Peace concluded at Nimeguen France did then most industriously oppose that Alliance but yet in a covert Manner at first by a Stratagem as odd as it might seem to some Extravagant There being a Letter conveyed to the States-General from an unknown Hand wherein was represented at large the ill Posture those Provinces were fallen to which was the Reason the Neighbouring Princes had not the same Regard for their Republick as formerly witness the Menaces of Spain Denmark Brandenburg c. and that the only way to restore the States into the Condition it was in formerly was to enter into a strict Alliance with France in pursuance of which the French King would maintain 50000 Men in Arms and the States need not keep above 10000 Foot and 6000 Horse and Dragoons in their Pay That by that means those Provinces would be able to defend themselves against any whomsoever that should attack them That that Alliance should be confirmed every Year by mutual Oaths by the
French Embassador at the Hague and the Dutch one at Paris And this being effected the Subjects of their Republick should have alone the Trade in that King's Dominions to the Exclusion of all other Nations This was soon after seconded with a Memorial by the French Embassador concerning an Alliance the King his Master offered to enter into with the States to be founded upon the Foot of the Treaty made An. 1662. which Offers were further enforced by representing unto them as well the Advantage that would accrue to them upon their accepting as the Inconveniencies that might follow upon their refusal of it and telling them that any Delay in the Affair would be looked upon as a Refusal and that his Master would regulate himself accordingly But the States taking some time to deliberate and demurring upon the Matter they received Letters in the mean while from their Embassadors at Paris importing That being sent for by Monsieur Colbert and going to him he had put them in mind of the many Obligations the States had to the King his Master and of the particular Demonstration he had given them of his Affection in offering them a Peace in the midst of his Conquests upon the Terms he did That he had since expected Overtures from them of a nearer Alliance But they having been wanting he had himself for some time since made an Offer of the same by his Embassadors at the Hague That it had been debated in the Assembly of the States of Holland and that the said States had Adjourned themselves without coming to any Resolution therein That the King was much surprized to find them make so small an Account of an Alliance which they themselves had sought for some Years before by an Extraordinary Embassadors now the same was offered them That this Alliance proposed was only Defensive which the States could receive no Prejudice by but much Advantage That his Majesty understood that the King of England did oppose them while he pretended to make himself an Alliance with them and that his Majesty would have great Cause to be dissatisfied with the States if they should refuse the Overtures made by him and instead thereof close with those of the King of England concluding That his Majesty as his Embassador the Count d' Avaux had already told them would take their Delay for a Refusal That however he would keep the Peace with them but would at the same time look upon them as a State that did not deserve to live in good Amity with him and would not favour their Commerce Mr. Henry Sidney the King's Embassadors in Holland as I told you and now Earl of Rumney was no sooner informed of the foresaid Memorial and Proceedings of France but he put in a like Memorial to the States shewing That the King his Master having understood the Proposals that had been made them by the French Embassadors could not believe that the States could so far forget their own and common Interests of Christendom as to accept of them That his Majesty particularly would have Cause after their having refused the Act of Guarranty which he lately offered to enter into with them for securing their present Peace to resent their entring into any new Engagements with France especially since his Majesty might have just Cause to be jealous that the same could have no other end than to enable the French King to shew his Resentments of the Peace his Majesty had made with the States in 1674 and of what his Majesty did afterward in order to the procuring a more advantageous Peace for them and their Allies than that which was made at Nimeguen That such a Resolution in the States would certainly prejudice that strict Union and Friendship that was established between him and them and oblige his Majesty to take other Measures But that his Majesty for his part would not only punctually comply with what was stipulated and agreed in the Defensive Treaty made between England and Holland the 3d of Mar. 1678 if they would reject the French Alliance but also stand by them to the uttermost if they should be attack'd by France Mr. Sidney's Address and Diligence in the Prosecution of this Matter was admirable and succeeded so well that the States determined civilly to refuse the Alliance proposed by France But the French King having declared he was not satisfied therewith his said Embassador made another Effort to divert the States from their intended Resolution shewing That he had received further Orders from the King his Master to acquaint them That his Majesty was extreamly astonished at their manner of Proceedings in the Matter of the Alliance by him proposed and highly resented it That he was commanded to expect some Days longer their final Resolution in that Affair but that afterward he should say no more of it nor accept any Act which they should offer and that then they must expect his Master would take such Measures as he thought necessary for the Good of his Kingdoms and the Advantage of his Subjects in their Commerce That Mons Colbert had told their Embassadors at Paris The King his Master wonder'd extreamly to find all Persons in Holland full of Hopes which their Letters had given them That his Majesty would not depart from the Execution of the Peace and that if they would not enter into that Alliance with him they should only suffer somewhat in their Commerce That the Sense of what he had then told them from the King his Master had been wrong delivered by them and worse interpreted at the Hague That his Majesty did not threaten them with his Indignation but the Dissatisfaction which he had conceived at their Proceedings might perhaps be the Occasion of greater Prejudice to them than the Indignation of others and that they would do well to consider what had happened to them within 8 or 10 Years past the Beginnings whereof had been less considerable than the just Dissatisfaction which their present Conduct gave the King his Master D' Avaux had no sooner ended but Mr. Sidney was ready to oppose who after he had take notice to the States of the great Earnestness of the French to press them into their Alliance he thought fit to repeat his Instances to disswade them from it That the King his Master did not pretend to make use of Threats of which the Memorials of the French â—mbassador were full but would leave them wholly to be guided by the Consideration of their own Interests That his Majesty did perswade himself that after the Assurances of Assistance he had given them in whatever might happen they would not enter into any Engagements which his Majesty should have Cause to look upon as intended against him and that the Instances of the French King which were too sharp and pressing for a Free Republick would not divert them from their true Interests and from that strict Friendship that was between his Majesty and their State and of which his Majesty had
during the Life of the said James Duke of York this Act shall be given a Charge at every Assizes and General Sessions of the Peace within the Kingdoms Dominions and Territories aforesaid and also shall be openly Read in every Cathedral Church and Parish Church and Chappels within the aforesaid Kingdoms Dominions and Territories by the respective Parsons Vicars Curates and Readers thereof who are hereby required immediately after Divine Service in the Forenoon to Read the same twice in every Year That is to say on the 25th of Dec. and upon Easter-day during the Life of the said James Duke of York But the Lords Rancounter to the Commons in this Bill tho' they made a Sift upon the others Impeachment to Try and Sentence William Lord Viscount Stafford to Death for the Popish Conspiracy who on the 7th of Dec. was executed accordingly For after the Reading it the First time in the Upper-House the Question being put Whether it should be read the Second time it was resolved in the Negative by above a double Majority of Votes and so this great Affair dropp'd The Commons imployed much of their Time to prosecute and impeach all those that had countenanced the Popish Plot or were Abhorrers of Petitioning the King for the Meeting of the Parliament in the several Prorogations of it and voted That it ever had been the undoubted Right of the Subjects of England to Petition the King for the Calling and Sitting of Parliaments and Redress of Grievances And that to traduce such Petitioning as a Violation of Duty and to represent the same to his Majesty as Tumultuous and Seditious was to betray the Liberty of the Subject and contributed to the Designs of subverting the ancient Legal Constitutions of the Kingdom of England and introducing Arbitrary Power The first that fell under their Lash was Sir Francis Withens since a Judge a Member then of their own House whom they voted to be a Betrayer of the undoubted Rights of the Subjects of England and for that his high Crime expelled him the House receiving first the Sentence at the Bar upon his Marrow-bones Sir George Jefferys was the next then Recorder of London who for the present by Virtue of the House's Address to the King for that End was put out of all publick Offices tho' we have seen him since act the Tyrant in the highest Station the late King his good Master could advance him to but at last being left in the Lurch by him was found in a Seaman's Habit at Wapping and died in the Tower because he had not Courage enough to live a little longer to be hang'd Several others were censured upon the like Account and among the rest the House voted That it was a sufficient Ground for them to proceed against Sir Thomas Jones one of the Judges of the King's Bench and Sir Richard Westone a Baron of the Exchequer for high Crimes and Misdemeanors because they had advised and were assisting to draw up a Proclamation against Petitioning for the Sitting of the Parliament The like was passed against Sir Francis North Chief Justice of the Common-Pleas for the same who for murdering poor Stephen Colledge under Colour of Law at Oxford had the Great Seal of England committed to his Custody and therewith the Care of the King's Conscience who had none at all of his own All this while we hear nothing of the King's Business which was to get Money for the Preservation of Tangier and Perfecting the Alliance made with Spain But the Commons had Three Reasons why they would not comply with his Majesty in his first Demand One was for that the State of the Nation was such at that time that their giving any Money for that End might augment the Strength of the Popish Party and further endanger the Nation 's Safety Another was Seeing there were several Regiments besides Guards in England then in Pay they might be transported to Tangier with little Charge and be maintain'd there as cheap as at Home which Two Reasons they clench'd with this Third That that Garrison was the Nursery of Popish Officers and Soldiers And if Things went ill with the King on this Head he is like to fare no better with the other For the House had as many Reasons for not giving him Money for the Alliance of Mutual Obligations of Succour and Defence which he pretended to have made with Spain For first they seemed to be jealous of the King's Sincerity therein and the more because he had not declared to them what manner of Alliance that was and that it might be more to the Prejudice than Benefit of the Kingdom or if it should have been to the Advantage of it they could have no more Assurance of the Performance than they had of the Triple League That which was made with the Prince of Orange when he was in England Or that between the King and States of Holland by Mr. Hyde on the King's Part which were all broken almost as soon as made Besides it was impossible any great Benefit should arise to England and Spain by such an Alliance For if all Christendom after the separate Peace made by the Dutch at Nimeguen could not uphold Spain and the Spanish Netherlands from falling under the Dominion of France how could the King in the feeble and distracted State of the Nation be in a Condition to support it without them Add to this the Unreasonableness of giving Money upon such an Account For tho' the Kings of England have frequently demanded Supplies for maintaining vast Wars yet never any one of them before demanded Supplies for making Alliances And indeed whatever Alliance the King had made with Spain it will be found before his Reign has spun out that it was very ill performed on his part And if the Commons were not a little mortified at the Proceedings of the Lords and of the Court in respect to the Bill of Exclusion the King could not be well pleased to be sure with the Methods they took to answer his Demands of a present Supply in the ordinary way but was undoubtedly much more nettled at their Resolutions to hinder him from being relieved by extraordinary Methods afterwards For the House considering the weak and dangerous Condition of the Nation as well by the Debt the King had contracted by shutting up of the Exchequer as by his squandering away almost all the ancient Revenues of the Crown did in order to prevent the like upon the Revenue settled upon the King since his Restoration on the 17th of Jan. resolve 1. That whosoever should lend or cause to be lent by way of Advance any Money upon the Branches of the King's Revenue arising by Custom Excise or Hearth-money should be adjudged an Hinderer of the Sitting of Parlaiment and be responsible for the same 2. That whosoever should buy any Tally or Anticipation upon any part of the King's Revenue or whosoever should pay such Tally hereafter to be struck should
that no interruption may be given to an happy and lasting Settlement The dangerous Condition of the Protestants in Ireland requiring a large and speedy succour and the present state of things abroad oblige me to tell you that next to the danger of Vnseasonable Divisions amongst our selves nothing can be so fatal as too great a delay in your Consultations The States by whom I have been enabled to rescue this Nation may suddenly feel the ill Effects of it both by being too long deprived of the Service of their Troops which are now here and of your early Assistance against a powerful Enemy who hath declared a War against them And as England is by Treaty already engaged to help them upon such Exigencies so I am consident that their chearful Concurrence to preserve this Kingdom with so much hazard to themselves will meet with all the Returns of Friendship and Assistance which may be expected from you as Protestants and English Men when ever their Condition shall require it Given at St. James's the 22d Day of January 1688. Will. H. P. d' Orange Their first Act was an Address of Thanks to the Prince of Orange for what he had successfully undertaken for the Nation a desire he should continue the Administration of Publick Affairs and take particular Care of the Affairs of Ireland with a promise on their part to dispatch the Affairs that lay under their Consideration with utmost Application to which having received a very kind Answer on the Prince his part both Houses immediately fell to their Work and after 8 days the Commons past the following Vote Resolv'd That King James II. having endeavour'd to subvert the Constitution of this Kingdom by breaking the Original Contract between King and People and by the Advice of Jesuits and other wicked Persons having violated the Fundamental Laws and having withdrawn himself out of this Kingdom hath abdicated the Government and that the Throne is thereby vacant The Declaration of the Commons being sent up to the Lords for their Concurrence that House entered into a Debate upon it and so far agreed with it that they had only by way of amendment put in the word Deserted instead of Abdicated and left out and that the Throne is thereby vacant and sent a Message to the Commons to acquaint them therewith But they were so far from approving of what the Lords had done that they proceeded to give their Reasons against the Amendment alledging that they could not allow the word Deserted instead of Abdicated which their House had made choice of because it did not fully express the Conclusion necessarily inferred from the Premises viz. That K. James II. had endeavoured to subvert the Constitutions of the Kingdom as before in the former part of the Declaration to which their Lordships had agreed seeing Deserted only respected withdrawing whereas Abdicated did respect the whole Neither were the Commons better pleased with the Lords for leaving out the last words And that the Throne is thereby vacant and the Commons did so much the more insist upon it because that if they should admit of the Lord's Amedment that the King had only deserted the Government yet even thence it would follow that the Throne was vacant as to King James II. deserting the Government being in true Construction deserting the Throne Besides the Commons did conceive there was no necessity to prove to their Lordships or any other that the Throne was vacant since the Lords themselves both before and after their meeting in the said Convention had addrest the Prince of Orange to take upon him the Administration of Publick Affairs both Civil and Military and had appointed a Day of publick Thanksgiving to be observed throughout the Kingdom by all which the Commons understood it was their Lordships Opinion that the Throne was vacant and that they signified so much thereby to the People of England To which they added that it was from those who were upon the Throne of England where there was any fault that the People of England ought to receive Protection and to whom for that Cause they owed the Allegiance of Subjects but there being none then from whom they expected Regal Protection and to whom for that cause they owed the Allegiance of Subjects the Commons conceived the Throne vacant The Issue of these Reasons was a Conference held on Feb. 5. between the two Houses who appointed Managers accordingly The Lords insisted hard upon their Amendments and some of them run so far upon the Debate that they did in a manner seem to recede from the Premises which their House had allowed of viz. That the King had endeavoured to subvert the Constitutions of the Kingdom as before but the Commons stood stoutly to their Declaration and to the forementioned Reasons added a great many fine things to back the Argument which 't were pity to curtail any way and I have not room to insert the whole but in conclusion the Conference ended in appearance with less likelihood of Agreement than when it first began Yet though there was some further struggle made in the upper House for the Interest of the late King at length it was by Majority of Voices Feb 7th agreed to by the Lords to send a Message to the Commons that they had agreed to the Vote sent them up Jan. 25th touching which they had had a free Conference the Day before without any alteration So that the next thing that came under Consideration was the form of Government to be establish'd I do not remember that a Commonwealth was mentioned to be set up at all in either House though Father Orleans is pleased to say so in his History of the Revolutions of England the two main things then to be considered was whether to set up a Regency or to continue a Regal Dignity in a new Subject But the former of the two being well known to be attended with many publick Evils it was at last concluded for the latter and that in Favour of the Prince of Orange our Deliverer and her Royal Princess who was immediate Heiress In pursuance of this a Declaration was drawn up in order to such an Establishment as that the Religion Laws and Liberties of the Kingdom might not again be in danger and for vindicating and asserting the Ancient Rights and Liberties of the People in these Words VVHereas the late King James the Second by the Assistance of divers evil Counsellors Judges and Ministers employ'd by him did endeavour to subject and extirpate the Protestant Religion and the Laws and Liberties of this Kingdom By assuming and exercising a Power of dispensing with and suspending of Laws and the execution of Laws without Consent of a Parliament By committing and prosecuting divers worthy Prelates for humbly petitioning to be excus'd from concurring to the said assum'd Power By issuing and causing to be executed a Commission under the Great Seal for erecting a Court call'd The Court of Commission for
extraordinary Vigour and good Success and so on till the 27th when the Fort on which the Turks had planted Cannon from whence they play'd with great Fury on the Besiegers was utterly ruined And this encouraged the latter to work hard on a Battery which they had begun to raise on the Left Hand to ruine the Out-works of the Turks on that side and though the Turks made stout Resistance and made no less than 14 Mines 11 of them were discovered and the Besiegers discontinued their Works till they had found the other 3 which yet did not discourage the Turks who hourly expected Relief to come up Of this the Imperialists were sensible also so that on the 31st of Aug. a Council of War was held and Two Expresses sent away one to General Veterani and the other to Colonel Kiba with Orders for the latter to march with all the Men under his Command near Minoviza for the Security of that River and in the mean time the Siege went on and on the 7th of Sept. a General Assault upon the Counterscarp was resolved on But all things not being ready till it was late though the Attack was made with wonderful Bravery the Turks who had in the mean time Intelligence of it and had made Provision accordingly made such an obstinate Defence that what with that and the Darkness of the Night they failed to carry it Whereupon the General understanding the Grand Visier with 80000 Men was marching up it was on the 10th resolved in a Council of War to raise the Siege which was done accordingly and the Retreat made without so much as the Loss of one Man though the Enemy failed not to pursue them The Grand Visier having thus gained his Point sat down contented without undertaking any Enterprize And so the Campagne terminated without any other Action saving that the Ban of Croatia was said to have taken a considerable Town in Bosnia which I do not find named any where and that the Count of Heidersheim routed a considerable Body of Turks and Tartars near Guila killed several of them burnt all their Provision and took above 2000 Camels and Horses from them We have made so little a Digression about the Affairs of Europe on the Turkish side that it will be needless here to recapitulate what has been already said of things nearer Home in order to a better View of the little that is yet remaining only I desire it may be remembred how successful the Frenâ—â— King's Arms have been by Land and unfortunate our Fleeâ— at Sea which the States of Holland were so sensible of thaâ— they took an early Resolution considerably to augment boâ—â— their Army and Navy for which the King thanked them 〈◊〉 their Assembly before his coming over for England and after his Arrival to shew particularly the Dislike he had of the Sea-Proceedings did the Day before the Meeting of the Parliament declare in Council That he had appointed the Right Honourable Edward Russel Esq to be admiral of the Fleet and on the 7th of Nov. which was the Day of the Parliament's meeting delivered himself to them in the following Speech My Lords and Gentlemen I Am always glad to meet you here and I could heartily wish that Our Satisfaction were not lessened at present by Reflecting upon the Disadvantage We have received this Year at Land and the Miscarriages in our Affairs at Sea I think it is evident that the former was only occasioned by the great Numbers of our Enemies which exceeded Ours in all Places For what relates to the latter which has brought so great a Disgrace upon the Nation I have resented it extreamly And as I will take care that those who have not done their Duty shall be punished so I am resolved to use My Endeavours that Our Power at Sea may be rightly managed for the future And it well deserves Our Consideration Whether We are not defective both in the Number of Our Shipping and in proper Ports to the Westward for the better Annoying our Enemies and protecting Our Trade which is so essential to the Welfare of this Kingdom My Lords and Gentlemen I am very sensible of the good Affection wherewith you have always assisted Me to support the Charges of this War which have been very great And yet I am perswaded that the Experience of this Summer is sufficient to convince Vs all That to arrive at a good End of it there will be a Necessity of encreasing Our Forces both by Sea and Land the next Year Our Allies have resolved to add to Theirs And I will not doubt but you will have such regard to the present Exigency as that you will give Me a suitable Supply to enable me to do the like I must therefore earnestly recommend it to you Gentlemen of the House of Commons to take such timely Resolutions as that your Supplies may be effectual and Our Preparations so forward as will be necessary both for the Security and the Honour of the Nation The House of Commons quickly came to an unanimous Resolution to support Their Majesties and likewise shewed a good Disposition to comply with the King's Desires in the Increase of his Forces both by Sea and Land But at the same time they did not forget to spend some time in the Examination of the Mis-carrying of the Smyrna Fleet conâ—erning which they came to this Resolve That the House was of Opinion that there had been a notorious and treacherous mismanagement in that Affair But it is great pity the Rogues had not been found out and hanged for their Pains However Bembow's Bombing and Burning some part of St. Maloes about this time gave some sort of Contentment to Mens Minds tho' it was no Reparation of the Loss With this Action we shall close up the Year on the last day whereof the brave Prince Lewis of Baden landed at Gravesend from whence he went to Whitehall and thence to Kensington to wait upon his Majesty who received him with great Civility and Respect year 1694 His Majesty while the Parliament was deliberating upon Raising the necessary Supplies for the Navy and Standing Army and such Additional Force as was to be levy'd was pleased to entertain this Prince with the Diversions of Hunting Hawking and other the like innocent Recreations to say nothing of the weightier Affairs of the War concerted between them And the Bill of 4 s. in the Pound for carrying on a vigorous War against France being ready he gave the Royal Assent to it on the 25th of Jan. as he did some Days after to a Bill for Granting several Rates and Duties of Excise upon Beer Ale and other Liquors for Securing certain Recompences to such Persons as should voluntarily advance the Summ of 1000000 l. towards carrying on the War against France But before the Signing of any more Acts came the unfortunate News of our Loss in the Mediterranean which tho' a most melancholly Story yet it is not
to be omitted And thus it fell out Sir Francis Wheeler was Admiral of the Squadron of Men of War who with the Fleet of Merchant Ships under his Convoy sailed on the 17th of Febr. from Gibraltar towards the Streights with a good Wind at N. W. But oâ— Sunday about 10 in the Morning there arose such a violent Storm with Thunder and Lightning and great Rain that hardly any Man in the Fleet ever saw the like which continued all that Day and the following Night the Wind blowing at E. and E. N. E. so that upon Monday the 19th about 5 in the Morning Sir Francis Wheeler's own Ship the Sussex was founder'd and all her Men except two Moors were lost and the Admiral 's Body was on the 21st found on a Sand-Bank near Gibraltar in his Shirt and Slippers which made People believe that he seeing himself in such imminent Danger had stripped off his Clothes with a Design to save his Life by swimming But tho' the Loss was already too great it had been well if it had stopped here But alass the Cambridge Lumley-Castle Men of War the Serpent Bomb-Ketch and the Mary Ketch together with the Italian-Merchant the Aleppo-Factor the Great George and the Berkshire bound for Turkey the William for Venice and the Golden-Merchant for Leghorne all English were driven ashoar and lost on the E. side of Gibraltar and most of the Men drowned As were also 3 Dutch Ships of good Value But Reer-Admiral Neville with 2 Dutch Men of War had the good Luck to be blown out of the Streights and put safe into Cadiz as the rest of the Fleet did on the 19th into Gibraltar to repair the Damages they had sustained in the Storm But tho' this Loss was heavy in it self yet God be thanked it did not so affect the Nation but that they went chearfully on still with their Business The finishing of our Men of War upon the Stocks was pushed on with great Diligence And the Parliament lost no Time in their Work neither for besides the new Levies ordered to be made by the 23d of March they had among other Bills passed one To grant to their Majesties certain Rates upon Salt Ale Beer and other Liquors for Securing certain Recompences and Advantages to such Persons as should voluntarily advance the Summ of 1000000 l. toward carrying on the War And then the King having told them how forward the Enemy was and what Necessity there was of their being ready to meet them both by Sea and Land he earnestly recommended to them the Dispatch of those important Affairs they had still under their Deliberations and protested to them he had nothing so much at his Heart as the Ease and Happiness of his People and that it was with great Reluctancy he was forced to ask such large Supplies from them but their present Circumstances made the same unavoidable Neither was it long before His Majesty's Expectations were fully answered for in April the following Acts among others were ready for his Signing viz. An Act for Raising Money by a Poll payable Quarterly for one Year An Act for granting to their Majesties several Rates and Duties upon Tunnage of Ships and Vessels and upon Beer Ale and other Liquors for Securing certain Recompences and Advantages to such Persons as should voluntarily advance the Summ of 1500000 l. towards carrying on the War against France An Act for Granting to their Majesties several Duties upon Vellom Parchment and Paper for 4 Years And also An Act for Licensing and Regulating Hackney and Stage-Coaches This was no sooner done and that the King had thanked them for the great Proofs they had given him of their Affections this Session and his acquainting them with the Necessity there was of his being absent for some time out of the Kingdom but the two Houses were Prorogued to the 18th of Sept. following And so we leave them and his Majesty for the present going to make the Campaign in the Netherlands and see a little what the Consequence was of the mighty Preparations for Sea which we had been making all this Spring But tho' our Fleet was so early out this Year they were neither able to block up that of France in Brest nor to come at them to fight them at Sea than which the English desired nothing more and the French as much declined it so that they would first venture a Caper into the Mediterranean whither they actually went rather than hazard a Battel But the Truth of it is they had concerted such vast Designs against Spain both by Sea and Land this Campaign that had it not been for our Fleet 's going into those Seas I cannot see what could have hindered the French to have made an entire Conquest of Catalonia before the Army went into Winter-Quarters But before Admiral Russâ—â—â— had entirely left the Coast and sailed with the Fleet foâ— Spain he upon Information that there was a Fleet of French Merchant-men in Bertraume-Bay bound to the Eastward detatched Captain Pickard and the Roe-Buck Fire-ship either to take or destroy them Which Orders Captain Pickar executed so successfully that of 55 Sail of them he burâ— or sunk 35 besides the Man of War that was their Coâ—voy which ran among the Rocks and soon after blew up with her two Sloops of between 10 and 15 Guns After this Captain Pickard re-joined the Fleet which we shall noâ— leave making its best way to the Mediterranean and heâ— give you a Relation of the Descent which the English attempted to make upon France and even upon Brest it self Of which take the following Relation as abstracted by a learned Hand from the Account given of it by the Marquess of Carmarthen which has been generally allowed to be the best extant upon that Subject On the 5th of June the Lord Berkeley Admiral of the Blue Squadron parted from Admiral Russell with 29 Sail of Line of Battel Men of War English and Dutch besides small Frigats Fire-ships Well-boats Bomb-vessels c. in order to the Attacking of Brest and upon the 7th he came tâ— an Anchor between Camaret-Bay and the Bay of Bertrauâ—â— by 7 in the Morning tho' as the main Fleet tacked froâ— Shoar to Shoar which they were forced to do to come 〈◊〉 the place where they intended to Anchor they had a World of Bombs thrown at them first from Camaret Western Pointâ— then from a high Castle upon a high Rock in Bertrauâ—â—-Bay then from two Forts on each side of the Isthmus going into Brest-Road the one called Point Minoux the otheâ— Point des Fillettes But neither the one nor the other diâ— any harm tho' they continued throwing Bombs from all the places before-mentioned till 10 at Night While the whole Fleet was thus preparing to come to an Anchor the Lord Cutts and the Marquess of Carmarthen in his own Galley taking several other Persons along with them stood in a considerable way into the Bay and after they had gained a
Client as could have been expected wherein however they were as notably answered by Mr. Sergeant Gould but I have not room to Cite the Arguments And so I proceed to shew that Sir John and the Council being ordered to withdraw and upon the Motion of some of the more aggrieved Members that the Prisoner should deal clearly and candidly with the House in giving an account of what he knew concerning several Persons of great Quality against whom he had given in the Informations formerly mentioned and he declining of the same it was resolved Mr. Vernon should give in his Evidence in respect to Sir John's getting his Tryal delayed by Offers of Information and that in his and the Counsels presence on both sides And the Counsel having no more to say they were discharged from their farther Attandance at that time and the Order of the Day for reading of the Bill a second time being read by the Clerk and the same being afterwards opened by the Speaker and having expected for some time and no member rising up to speak he asked whether he should put the Question of Commitment But then the Speaker had his Belly full on 't and the Debate ran very high both on the one side and the other about the extraordinary Method of Proceedings the Power and Justice of Parliaments compared with other inferiour Courts of Judicature with many Presidents of former Bills of Attainder Pro and Con and other Arguments that fell in which are too tedious for me particularly to enter upon But upon the whole towards Eleven at Night the Result was That the Bill should be Committed and on Friday the 20th the House resolved it self into a Committee of the whole House upon the said Bill and several Words having been offered as an Amendment to it importing Sir John Fenwicke's being Guilty at last these Words of which the said Sir John Fenwicke is Guilty were agreed on to be added to the Close thereof November the 25th the Bill was read the third time when the Contestation upon the Debate run as hot as ever and the Members were no less divided in their Opinions than before but at length the Question for Passing the Bill being put the House divided thereupon when there appearing for it an Hundred Eighty Nine and but an Hundred and Fifty Six against it it passed in the Affirmative It 's observable that tho' the Crime wherewith Sir John Fenwicke was Charged was of the highest Nature that could be against the Government yet that very many most honourable and worthy Persons in both Houses and such as are well known to be his Majesty's best Friends were very stiff against the Bill Yet that did not arise from any Intentions in them to Acquit the Guilty but they could not be satisfied with the manner of procedure and that of there being but one vivi voce Witness only stuck hard upon them especially since in all ordinary Courts two were always required for the Proof of such a Crime and that there had been an Act made but the very Sessions before that did possitively require the same in Cases of High Treason And it was looked upon very strange by some that such a President should be so quickly made and that in such a good Reign and the same might prove of very dangerous Consequence to the Liberty of the Subject in future Times which they should be always very regardful of But however the Matter were Sir John was Beheaded for it and none of them thought him unjustly to suffer though many boggled at the manner of his Condemnation At the Place of Execution he deliver'd the following Paper to the Sheriffs A true Copy of the Paper Delivered by Sir John Fenwicke Baronet to the Sheriffs of London and Middlesex on Tower-Hill the Place of Execution on Thursday January the 28th 1697. SPeaking nor Writing was never my Talent I shall therefore give a very Short but Faithful Account first of my Religion and next what I suffer most innocently for to avoid the Calumnies I may reasonably expect my Enemies will cast upon me when dead since they have most falsely and maliciously aspersed me whilst under my Misfortunes As for my Religion I was brought up in the Church of England as it is establish'd by Law and have ever profess'd it tho' I confess I have been an unworthy Member of it in not living up to the strict and excellent Rules thereof for which I take Shame to my self and humbly ask Forgiveness of GOD. I come now to dye in that Communion trusting as an humble and hearty Penitent to be received by the Mercy of God through the Merits of Jesus Christ my Saviour My Religion taught me my Loyalty which I bless God is untainted And I have ever endeavoured in the Station wherein I have been placed to the utmost of my Power to support the Crown of England in the True and Lineal Course of Descent without interruption As for what I am now to dye I call God to witness I went not to that Meeting in Leadenhall-street with any such intention as to invite King James by Force to invade this Nation nor was I my self provided with either Horse or Arms or engaged for any number of Men or gave particular Consent foy any such Invasion as is most falsely Sworn against me I do also declare in the Presence of God That I knew nothing of King James's coming to Calais nor of any Invasion intended from thence till it was publickly known And the only Notion I had that something might be attempted was from the Thoulon Fleet coming to Brest I also call God to witness that I received the knowledge of what is contained in those Papers that I gave to a great Man that came to me in the Tower both from Letters and Messages that came from France and he told me when I â—ead them to him That the Prince of Orange had been acâ—uainted with most of those things before I might have expected Mercy from that Prince because I was Instrumental in saving his Life For when about April 95. an Attempt formed against him came to my Knowledge I did partly by Dissuasions and partly by Delays prevent that Design which I suppose was the Reason that the last Villanous Project was concealed from me If there be any Persons whom I have injur'd in Word oâ— Deed I heartily pray their Pardon and beg of God to Pardon those who have injured me particularly those who with great Zeal have sought my Life and brought the guilt of my Innocent Blood upon this Nation no Treason being proved upon me I return my most hearty Thanks to those Noble and Worthy Persons who gave me their Assistance by opposing this Bill of Attainder without which it had been impossible I could have fallen under the Sentence of Death God bless them and their Posterity though I am fully satisfied they Pleaded their own Cause while they Defended mine I pray God to bless my True and
by both Kings and shall have the same Force and Vigour as if they were inserted Word for Word in the present Treaty IX All Letters as well of Reprisal as of Marque and Counter-Marque which hitherto have for any cause been granted on either side shall be and remain null and void Nor shall any the like Letters be hereafter granted by either of the said Kings against the Subjects of the other unless it be first made manifest that Right hath been denied And it shall not be taken for a denial of Right unless the Petition of the Person who desires Letters of Reprisal to be granted to him be first shewn to the Minister residing there on the part of the King against whose Subjects those Letters are desired That within the space of 4 Months or sooner he may inquire into the contrary or procure that satisfaction be made with all speed from the Party offending to the Complainant But if the King against whose Subjects Reprisals are demanded have no Minister residing there Letters of Reprisal shall not be granted till after the space of 4 Months to be reckoned from the Day on which his Petition was made and presented to the King against whose Subjects Reprisals are desired or to his Privy Council X. For cutting off all matter of Dispute and Contention which may arise concerning the Restitution of Ships Merchandises and other moveable Goods which either Party may complain to be taken and detained from the other in Countries and on Coasts far distant after the Peace is concluded and before it be notified there All Ships Merchandises and other moveable Goods which shall be taken by either side after the Signing and Publication of the present Treaty within the space of Twelve Days in the British and North Seas as far as the Cape St. Vincent Within the space of Ten Weeks beyond the said Cape and on this side of the Equinoctial Line or Equator as well in the Ocean and Mediterranean Sea as elsewhere Lastly within the space of six Months beyond the said Line throughout the whole World shall belong and remain unto the Possessors without any Exception or further Distinction of Time or Place or any consideration to be had of Restitution or Compensation XI But if it happens through Inadvertency or Imprudence or any other Cause whatever that any Subject of either of the said two Kings shall do or commit any thing by Land or Sea or on fresh Water any where contrary to the present Treaty or that any Particular Article thereof is not fulfilled this Peace and good Correspondence between the said two Kings shall not on that account be Interrupted or Infringed but shall remain in its former Force Strength and Vigour and the said Subject only shall answer for his own Fact and undergo the Punishment to be Inflicted according to the Custom and Law of Nations XII But if which God forbid the Differences now Composed between the said Kings should at any time be renewed and break out into open War the Ships Merchandises and all kind of moveable Goods of either Party which shall be found to be and remain in the Ports and Dominions of the adverse Party shall not be Confiscated or brought under any Inconveniency but the whole space of six Months shall be allowed to the Subject of both of the said Kings that they may carry away and transport the aforesaid Goods and any thing else that is theirs whither they shall think fit without any Molestation XIII For what concerns the Principality of Orange and other Lands and Dominions belonging to the said King of Great Britain the separate Article of the Treaty of Nimeguen concluded between the most Christian King and the States General of the United Provinces the 10th Day of August 1678. shall according to its Form and Tenor have full effect and all things that have been Innovated and Altered shall be restored as they were before All Decrees Edicts and other Acts of what kind soever they be without Exception which are in a manner contrary to the said Treaty or were made after the conclusion thereof shall be held to be null and void without any revival or consequence for the future And all things shall be restored to the said King in the same state and in the same manner as he held and enjoyed them before he was dispossessed thereof in the time of the War which was ended by the said Treaty of Nimeguen or which he ought to have held and enjoyed according to the said Treaty And that an end may be put to all Trouble Differences Processes and Questions which may arise concerning the same both the said Kings will name Commissioners who with full and summary Power may compose and settle all these matters And forasmuch as by the Authority of the most Christian King the King of Great Britain was hindred from enjoying the Revenues Rights and Profits as well of his Principality of Orange as of other his Dominions which after the conclusion of the Treaty of Nimeguen until the Declaration of the present War were under the power of the said most Christian King the said most Christian King will restore and cause to be restored in reality with Effect and with the Interest due all those Revenues Rights and Profits according to the Declarations and Verifications that shall be made before the said Commissioners XIV That Treaty of Peace concluded between the most Christian King and the late Elector of Brandenburg at St. Germains in Laye the 29 June 1679. shall be restored in its Articles and remain in its former Vigour between his Sacred Most Christian Majesty and his Electoral Highness of Brandenburg XV. Whereas 't will greatly conduce to the publick Tranquility that the Treaty be observed which was concluded between his Sacred most Christian Majesty and his Royal Highness of Savoy on the Ninth of Aug. 1696. 't is agreed that the said Treaty shall be confirmed by this Article XVI Under this present Treaty of Peace shall be comprehended those who shall be named by either Party with common consent before the Exchange of Ratifications or within six Months after But in the mean time the most Serene and Mighty Prince William King of Great Britain and the most Serene and Mighty Prince â—ewis the most Christian King gratefully acknowledging the sincere Offices and Indefatigable Endeavours which have been employed by the most Serene and Mighty Prince Charles King of Sweden by the inter position of his Mediation in bringing this happy work of the Peace with the Divine Assistance to the desired Conclusion and to shew the like Affection to him 't is by consent of all Parties stipulated and agreed That his said Sacred Royal Majesty of Sweden shall with all his Kingdoms Countries Provinces and Rights be included in this Treaty and comprehended in the best manner in the present Pacification XVII Lastly The Solemn Ratifications of this present agreement and alliance made in due Form shall be delivered on
granted pass'd and stipulated between the above-mention'd Plenipotentiary-Embassadors of the said Most Christian and Catholick Kings in the Name of their Majesties which Plenipotentiaries by virtue of their full Powers Copies of which shall be affix'd at the bottom of this present Treaty have promis'd and do promise under the Obligation of all and every the Territories and States present and to come of the Kings their Masters That they shall be inviolably observ'd and accomplish'd and that they will cause them to be sincerely and uprightly ratify'd without any Additions and to produce the Ratifications by Letters Authentick and seal'd wherein the whole present Treaty shall be inserted Word for Word within Six Weeks to commence from the Day and Date of the present Treaty or sooner if it may be Moreover the said Plenipotentiaries have promis'd and do promise in the said Names That the said Letters of Ratifications being produc'd the said Most Christian King as soon as may be in the Presâ—nce of such Person or Persons as the said Catholick King shall please to appoint shall solemnly swear upon the Cross Gospel Canons of the Mass and upon his Honour fully cordially and faithfully to observe and fulfil all the Articles contain'd in this present Treaty And the same thing shall likewise be done as soon as may be by the said Catholick King in the presence of such Person or Persons whom it shall please the Most Christian King to depute In Testimony of which Things the said Plenipotentiaries have subscrib'd the present Treaty with their Names and seal'd it with their Seals Given at Riswick in Holland September the 20 th 1697. Thus Sâ—gn'd in the Original L. S. N. I illieroot L. S. De Harlay Bonnueil L. S. Verjus de Crecy L. S. De Callieres But though the Imperialists seemed to be a little concern'd at these Proceedings of their Allies yet they thought it the most advisable way to agree to a Cessation of Arms which was done two Days after the Signing of this Treaty and Expresses were immediately Dispatched to the respective Armies upon the Rhine to cease from any further acts of Hostility Yet before advice could come hereof to Prince Lewis of Baden he had taken the Castle of Eberemburg and was going to lay Siege to Kirn also But what was perhaps more mortifying to the Imperial Ministers than all the rest was that advice had not come a few days sooner of the wonderful Success of the Emperors Arms in Hungary which would in all likelihood have a little cooled the eagerness of those powers that had already signed the Peace and made the French more complyant with the Emperor and Empire's Demands But though they failed herein yet certainly such an advantageous Battle has not been fought in the whole course of this Bloody War which had now lasted for 15 Years And before we go any further its fit we should give a few particulars of this memorable Action The Imperialis is true miscarried in the first Design they had concerted to begin the Campaign with the taking of Bihatz the more than ordinary Opposition they met with there and the Rebellion that brake forth in Vpper Hungary which was calculated to have begun about the time of the Election of Poland having occasioned them to draw their Troops that way But though the Head of this last Hydra was quickly cut off yet the Turks headed again by the Grand Seignior in Person seemed to come very formidable into the Field and threatned to give new Life to this Monster again or to push quite through Transylvania and thereby entirely despoil the Emperor of the Benefit of that Principality Though other Aspects of the Enemies Motion gave the Germans Umbrage that they designed to attack Peter Waradin But while Prince Eugenius of Savoy who commanded the Imperial Army lay at Belsche he received upon the 12th of Sept. the Confirmation of the Intelligence that he had had before That the Infidels had a Design to march directly to Segedin with this Addition That several Parties of Turks and Tartars were sent out to burn and plunder the Country A Captain of Zenta also Tokeli by Name reported That about Noon the Enemy was at Zenta and that they had detached a Body of Horse in order to destroy all before them For the better Assurance of the Truth of which two Parties of 60 Horses apiece were sent upon the Scout In the mean time the Army decamped before Day and marched in 12 Columns Six of Horse and Six of Foot the Artillery in the middle in which Order they continued their March till 9 in the Afternoon in which time some of the Parties sent to get Intelligence brought word That they met the Enemies Guards near Zenta Hereupon the Hussars were immediately sent away to succour and bring them off who having performed their Orders took a Bassa Prisoner and returned without the Loss of one Man The Bassa was examined and threatned to have his Head cut off if he did not tell the Truth He told them That the Grand Seignior had a real Design to march directly to Segedin and to try if he could make himself Master of it in his March because he was assured by Tekely and the Corussâ—s That it might be easily taken before the Imperial Army could overtake them and withal That the City was defenceless But understanding that the Imperialists who were decamped from Peter Waradin followed them close at the Heels and that there was a numerous Garrison in Segedin he had stopt at Zenta and had laid a Bridge over the Theysse which they had brought in Waggons and which had been built at Belgrade last Winter by the Direction of a Frenchman being a neat good commodious Invention That now the Grand Seignior had a Design to march into Transilvania and Vpper Hungary to which purpose he had already passed the Theysse in Person with some Thousands of Horse That the last Night when this Bassa was sent upon the Scout the Artillery and heavy Baggage began to pass the same River but that the rest of the Army was still on the other side with above an Hundred Pieces of Cannon nor could he tell whether those Troops would pass the River or no That in the mean time the Turks were already intreâ—ched and that they had begun to cast another Intrenchment at the Head of the Bridge The Bassa added That the Tartars Corusses and some Turks burnt all the Country before them though as he said they had received no such Orders from the Sultan which was not easie to be believed Upon this Information the Army continued their March receiving Advice every Moment by the Hussars and Spies That the Enemy was still crossing the River and that their Cavalry were stirred out of their Intrenchments according to Custom to skirmish with the Christians Two Hours after other Prisoners gave an Account That the greatest part of the Horse were already on the other side of the River and the
the Prince and Bishop of Munster L. S. Ferdinand L. B. Plettenberg de Senhausen respectively Dean and Chapter of the Cathedral Church of Padorb Munster and Hildes In the Name of the Elector Palatine as Duke of Newbourg L. S. John Henry Hetterman Plenipotentiary In the Name of the Duke of Wirtemberg L. S. John George Noble de Kulpis Knight of the Roman Empire intimate Counsellour of State and Director of the Counsel L. S. Anthony Guntor de Hespen Counsellour in the Supreme Council and Plenipotentiary to the Serene Duke In the Name of the Prince of Baden L. S. Charles Ferdinand L. B. de Plettersdorff Reserve l'Ordre alternatif In the Name of the Abbatial College of Suabia L. S. Joseph Anthony Eusebius de Halden de Neidtborg L. Baron de Antenriedt Plenipotentiary In the Name of the Counts of the Bench of Weteraw L. S. Charles Otton Count de Solms L. S. F. G. de Eclesheim Counsellor of Hannaw and Plentipotentiary In the Name of the Free and Imperial City of Cologne L. S. Herman Joseph Bullingen Burgomaster and Plenipotentiary In the Name of the City of Ausbourg L. S. John Christopher de Dirheim Plenipotentiary In the Name of the Imperial City of Francford L. S. John James Muller Plenipotentiary L. S. John Melchior Lucius Lecturer of Civil and Canon Laws Burgomaster and Plenipotentiary SEPARATE ARTICLE FOR the clearer Explanation of the eighth Article of the Treaty of Peace this Day Signed which Article begins thus All the States possest by the most Christian King shall be restored to the Elector Palatine It hath been thought convenient to resolve over and above that this Order will be observed in the Proposal of the Claims and Rights of Madame the Dutchess of Orleans exhibited against the Elector Palatine at such time as the Arbitrators shall be agreed at the time appointed for the Ratification of the Peace about a Place to meet in this Place shall be notified to each Party The Deputies on the Arbitrators part shall be sent thither within the space of two Months to reckon from the very time the Elector Palatine shall be fully re-established in conformity to the Article above-mention'd In the Month following shall the said Lady Dutchess produce in the same place the whole and intire explanation of her Pretensions or Demands against the Elector which shall be communicated to him within eight Days following There shall be within the space of four Months next ensuing explain'd and delivered to the Deputies of the Lords Arbitrators who shall set down the day that the four Months shall begin the Reasons and Grounds of the two Parties wherof four Copies shall be delivered that is to say one for each Arbitrator and a third to be annext to the common Acts of the Arbitration and a fourth to be interchangeably communicated within seven Days to each Party They shall in like manner answer and four Copies of the Answer of each Party shall be given the same Day to the Envoys of the Lords Arbitrators which shall be once more communicated within seven Days to the Parties interchangeably In the four Months following the Instruction of the Business shall be terminated on each side the Parties shall declare they are willing to submit to the Verdict of the Arbitrators and this conclusion of the Instruction and Commission shall be communicated to the Parties that they may take cognisance of the same and the Deeds shall be Enrolled in presence of the Solicitors of the said Parties After that the Arbitrators and their Deputies who shall have taken an Oath having viewed and examined the Right of the Parties during the space of six Months ensuing shall pronounce their Sentence publickly in the place where the Conference is held according to the Laws and Constitutions of the Empire now if it be found conformable it shall be effectually put in execution but if so be the Arbitrators or their Deputies do not agree in their Verdict the common Acts of the Arbitration shall be conveyed to Rome at the joint Charges of the Parties and that within the space of two Months beginning at the Day next ensuing the Judgment given and shall be delivered to the Pope as Supreme Arbitrator to be committed by him for its Examination within six Months more to Deputies no way suspected by the Parties who shall likewise be sworn and these same upon the former Proceedings it not being allowed to the Parties to draw up a new Declaration of their Titles shall pronounce within the space of six Months next ensuing and as it hath been said conformable to the Laws and Constitutions of the Empire the last Definitive Sentence which cannot be nulled or made void but the Lord Arbitrators shall cause to be executed without any delay or contradiction Now if so be one of the Parties demurr and delay to propound explain and prove his Title and Right within the time required it shall nevertheless be lawful for the other Party to explain and deduce his Title within the time prefixt which may never be prolonged and lawful also for the Arbitrators and Supreme Arbitrator to proceed according to the method just now explain'd and to pronounce and execute their Sentence according to the Acts and Deeds produced and proved Notwithstanding this procedure the Parties themselves and the Lords Arbitrators on their part shall not cease attempting some amicable way of accommodation and shall omit nothing that may any way contribute to the amicable terminating this Affair Since it is also agreed in the Article title of Peace afore cited that till this difference be terminated the Elector Palatine shall Annually pay to Madam the Dutchess of Orleans the Sum of 200000 French Livres or an 100000 Florins of the Rhine they have also agreed in particular as to the payment of the said Sum upon the time when it shall commence that it shall commence only after that according to the Contents of the said Article the States and Places therein specified shall be intirely restored to the Elector And to the end that Madam the Dutchess of Orleans may be the more assured of the payment of the said Sum the Elector shall nominate before the Ratification of the Peace a sufficient number of Renters or Receivers of the Prefectship of Germersheim and other places of the Palatinate that shall undertake to pay the said Sum to the said Lady Dutchess or to those impower'd by her and that every Year at Landaw to wit the moiety every six Months who if they do not keep time shall be lyable to be constrained to the payment by the ordinary course of Justice or if need require by Military execution from the Most Christian King Upon the whole this payment shall be made upon this condition viz. That what shall have been paid by vertue of this Annual Obligation to Madam the Dutchess of Orleans during the Canvassing of the Cause before the Arbitrators shall be in compensation and put upon the accompt of that which the said
Particulars of it And for Tangier there had been several Attacks made upon it this Year and for some time past and was chargeable enough to the King But of this we shall have Occasion to say something hereafter And as for the King's Sincerity in recommending to them the Prosecution of the Plot That Man that considers the Transactions between the Prorogation of the last Parliament and the Sitting of this with the Methods that were used to stifle the real Plot and to father a Sham one upon innocent Men and yet believes the King to be in Earnest has a large Faith and much Good may do him with it Then for his professing his Readiness to concur with any new Remedies that should be proposed that were consistent with preserving the Succession of the Crown in its due and legal Course of Descent it implied no more than Let the Wolf be Shepherd and let the Sheep make what Laws they please for their Preservation For it was well known the Duke was a Papist whose Maxims are to keep no Faith with Hereticks However the House of Commons entred into Debates about this Matter and there were many Expedients proposed how the Established Government in Church and State could be preserved yet none could be found practicable in case the Duke succeeded So that the Country Party moved that the Court Party should propound their Expedients in the Case but they either could not or else had no Instructions from the Court to warrant such Expedients as might be proposed by them Matters being thus at a stand in respect to the Securing the Protestant Religion the House of Commons at last could think of no other Way to effect it than by bringing in a Bill for the total Exclusion of the Duke of York from the Crown which after several Debates upon it they passed on the 11th of Nov. And of which that you may the better comprehend the Meaning I have here subjoined a Copy WHereas James Duke of York is notoriously known to have been perverted from the Protestant to the Popish Religion whereby not only great Encouragement hath been given to the Popish Party to enter into and carry on most Devilish and Horrid Plots and Conspiracies for the Destruction of his Majesty's Sacred Person and Government and and for the Extirpation of the true Protestant Religion But also if the said Duke should succeed to the Imperial Crown of this Realm nothing is more manifest than that the total Change of Religion within these Kingdoms would ensue For the Preservation thereof be it Enacted by the King 's most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same That the said James Duke of York shall be and is by the Authority of this present Parliament Excluded and made for ever uncapable to Inherit Possess or Enjoy the Imperial Crown of this Realm and of the Kingdoms of Ireland and the Dominions and Territories of them or either of them belonging or to Have Exercise or Enjoy any Dominion Power Jurisdiction or Authority in the said Kingdoms Dominions or any of them And be it further Enacted by the Authority aforesaid That if the said James Duke of York shall at any time hereafter Challenge Claim or Attempt to Possess or Enjoy or shall take upon him to Use or Exercise any Dominion or Power or Authority or Jurisdiction within the said Kingdoms or Dominions or any of them as King or Chief Magistrate of the same that then he the said James Duke of York for every such Offence shall be deemed and adjudged Guilty of High-Treason and shall suffer the Pains Penalties and Forfeitures as in Case of High-Treason And further That if any Person or Persons whatsoever shall assist or maintain abet or willingly adhere unto the said James Duke of York in such Challenge Claim or Attempt or shall of themselves attempt or endeavour to put or bring the said James Duke of York into the Possession or Exercise of any Legal Power Jurisdiction or Authority within the Kingdoms and Dominions aforesaid or shall by Writing or Preaching advisedly Publish Maintain or Declare that he hath any Right Title or Authority to the Office of King or Chief Magistrate of the Kingdoms and Dominions aforesaid that then every such Person shall be Deemed and Adjudged Guilty of High-Treason and that he suffer and undergo the Pains Penalties and Forfeitures aforesaid And be it further Enacted by the Authority aforesaid That the said James Duke of York shall not at any time from and after the 5th of Nov. 1680 return or come into or within any of the Kingdoms or Dominions aforesaid and then he the said James Duke of York shall be Deemed and Adjudged Guilty of High-Treason and shall suffer the Pains Penalties and Forfeitures as in Case of High-Treason And further That if any Person or Persons whatsoever shall be aiding or assisting unto such Return of the said James Duke of York that then every such Person shall be Deemed and Adjudged Guilty of High-Treason and shall suffer as in Cases of High-Treason And be it further Enacted by the Authority aforesaid That the said James Duke of York or any other Person being Guilty of any of the Treasons aforesaid shall not be capable of or receive Benefit by any Pardon otherwise than by Act of Parliament wherein they shall be particularly named And that no Noli prosequi or Order to stay Proceedings shall be received or allowed in or upon any Indictment for any of the Offences mentioned in this Act. And be it further Enacted and Declared and it is hereby Enacted and Declared That it shall and may be lawful to and for any Magistrates Officers and other Subjects whatsoever of these Kingdoms and Dominions aforesaid And they are hereby enjoined and required to Apprehend and Secure the said James Duke of York and any other Person offending in any of the Premisses and with him or them in case of Resistance to fight and him or them by force to subdue For all which actings and for so doing they are and shall be by Virtue of this Act saved harmless and indemnified Provided and it is hereby declared That nothing in this Act contained shall be construed deemed or adjudged to disenable any other Person from Inheriting and Enjoying the Imperial Crown of the Realms and Dominions aforesaid other than the said James Duke of York but that in Case the said James Duke of York should survive his now Majesty and the Heirs of his Majesty's Body the said Imperial Crown shall descend to and be enjoyed by such Person or Persons successorily during the Life of the said James Duke of York as should have Inherited and Enjoyed the same in case the said James Duke of York were naturally dead any Thing contained in this Act to the Contrary notwithstanding And be it further Enacted by the Authority aforesaid That