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A47019 A compleat history of Europe, or, A view of the affairs thereof, civil and military from the beginning of the Treaty of Nimeguen, 1676, to the conclusion of the peace with the Turks, 1699 including the articles of the former, and the several infringements of them, the Turkish Wars, the forming of the Grand Confederacy, the revolution in England, &c. : with a particular account of all the actions by sea and land on both sides, and the secret steps that have been made towards a peace, both before, as well as during the last negotiation : wherein are the several treaties at large, the whole intermix'd with divers original letters, declarations, papers and memoirs, never before published / written by a gentleman, who kept an exact journal of all transactions, for above these thirty years. Jones, D. (David), fl. 1676-1720. 1699 (1699) Wing J928A; ESTC R13275 681,693 722

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if he did not to fall under the Censure of the House The Papers being read Sir John was immediately ordered to be brought before them and being interrogated by the Speaker concerning his Inclinations to make a Discovery of the Designs and Practises of the Enemies of the Government with a Promise of Favour if he were Ingenious therein yet finding by all the Answers he made he did nothing but Prevaricate with the House alledging the King knew already what he had discovered and that he could not be safe to tell them any thing without assurance of Security for himself They ordered a Bill to be brought in to Attaint him of High Treason which was carried by a great Majority in the House and Mr. Speaker acquainting them that he had received a Letter from Sir John Fenwicke importing That having received a Copy of the Bill with the House's Order thereupon he desired such Counsel and Sollicitor as he therein named might be allowed him The same was readily agreed to tho' it was said the Sollicitor was a very great Jacobite and insinuated farther that he was suspected to have been concerned in Goodman's Escape The first debate that hapned upon Sir John's being brought to the Bar of the House was concerning the Mace whether it should lie on the Table while he was in the House or whether the Sergeant ought to stand by him with it at the Bar which last was carried and then the Bill was read by the Clerk of the Parliament in these Words WHereas Sir John Fenwicke Bar was upon the Oaths of George Porter Esq and Cardell Goodman Gent. at the Sessions of Oyer and Terminer held for the City of London on the 28th day of May 1696. Indicted of High Treason in Compassing and Imagining the Death and Destruction of His Majesty and adhering to His Majesty's Enemies by Consulting and Agreeing with several Persons whereof some have been already Attainted and others not yet brought to their Tryals for the said Treason at several Meetings to send Robert Charnock since Attainted and Executed for High Treason in Conspiring to Assassinate His Majesty's Sacred Person whom God long preserve to the late King James in France to ●●cite and Incourage the French King to Invade this Kingdom with an Armed Force by Promising to Join with and Assist him with Men and Arms upon such an Invasion And whereas the said Sir John Fenwicke did obtain His Majesty's Favour to have his Tryal delayed from time to time upon his repeated Promises of making an ingenuous and full Confession of his Knowledge of any Design or Conspiracy against His Majesty's Person or Government and of the Persons therein concerned And whereas he has so far abused His Majesty's great Clemency and Indulgence therein That instead of making such Confession he hath contrived and framed False and Scandalous Papers as his Informations reflecting on the Fidelity of several Noble Peers divers Members of the House of Commons and others only by Hearsay and contriving thereby to Vndermine the Government and create Jealousies between the King and his Subjects and to stifle the real Conspiracy And whereas Cardell Goodman one of the Witnesses against the said Sir John Fenwicke to Prove the said Treason lately and since the several times appointed for the Tryal of the said Sir John Fenwicke at one of which times the said Sir John Fenwicke had been accordingly Tryed had it not been for the Expectation of the said Discoveries so often promised by him is withdrawn so that the said Cardell Goodman cannot be had to give Evidence upon any Tryal Be it Enacted by the King 's most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons in this present Parliament Assembled and by the Authority of the same That the said Sir John Fenwicke be and is hereby Convicted and Attainted of High Treason and shall suffer the Pains of Death and in●● all Forfeiture as a Person Attainted of High Treason The Bill being read the King's Counsel Sergeant Goul● and Sergeant Lovell according to Mr. Speaker's Direction very learnedly especially the former opened the Evidence they had to prove the Suggestions of it and were as learnedly answered by Sir Thomas Powis and Sir Bartholome● Shoar the Prisoner's Counsel who alledged That if the other would only call in Evidence to prove the Suggestions of the Bill they were ready to answer them but if they called in Evidence to prove Sir John Fenwicke Guilty of the Conspiracy by living Witnesses they took upon them not to be ready for that saying They did not know they should be allowed liberty to produce any Witnesses Whereupon they were ordered all to withdraw and the House debated the same a long time not without some Members making large Excursions from the Matter in dispute and after much Contestation as of other things of the proposing of the Question it self at length Mr. Speaker put it thus That the Council in managing of Evidence against Sir John Fenwicke be allowed to produce Evidence touching the Allegations of the Bill and the Treasons for which he was Indicted which was carried in the Affermative and the House it being late Adjourned to Monday the 16th of 〈◊〉 when the House proceeded farther upon it and the Council produced their Evidence which was Captain Porter 〈◊〉 gave a full Account of what he knew concerning Sir Jo●● Fenwicke's Guilt and was farther examined notwithstanding the Prisoner's Council stifly opposed it concerning 〈◊〉 being tampered with by one Clancy as to the taking off 〈◊〉 Testimony as to the late Conspiracy And not only so 〈◊〉 the King's Council produced the Record of Clancy's Conviction thereupon and so proceeded to Goodman's Examination taken under the Hand of Mr. Vernon which they prayed might be read but the Prisoner's Council opposed it as a thing unallowable and impracticable the Law requiring Persons to appear and give their Evidence viva voce c. and the House entred into an hot Debate upon it But at length it was carried the said Imformation should be read and next that some of Grand Jury should give an account upon what Evidence they found the Bill of Indictment that was thereupon brought in against Sir John Fenwicke From hence they proceeded to the Record of the Conviction of Mr. Cook and when the Council on both sides had spoke to it and the House debated the same it was moreover agreed That the said Record should be read and the King's Council allowed to examine Witnesses as to what Goodman swore at the Tryal of Cook which being over and some Questions asked concerning the forementioned Letter of Sir John Fenwicke it was agreed the Prisoner's Council if they had any Witnesses to examine on his Behalf might do it that Night but that as to their Observations the House would give them time till next Morning This they having none except a Record to produce accepted of and indeed said as much in Behalf of their
ancient Custom XXVII That all Gentlemen shall have the Freedom of the Salt Mines XXVIII The ancient Privileges of the Palatinates shall remain inviolable XXX All the Privileges which belong to the Universities of Cracow and other Cities as well Ecclesiastick as Secular as also all the Articles which were promis'd upon Oath at the Coronations of the Kings Henry Stephen Sigismond Vladistaus John Casimir and others shall be renew'd at this Election which if it be not done or any thing endeavour'd to the contrary of these Articles then the Inhabitants of Poland and Lithuania to be free and disingag'd from their Obedience This being over the new King advanced towards Poland and upon the Frontiers was harangued by the Embassy sent to him by the Republick or at least a Party of it And having himself Swore to the Pacta Conventa and given sufficient Testimony of his being reconciled to the Romish Church he deliver'd himself to the Nobility that attended him in the following manner MY Dear and Good Friends You have chosen Me to be Your King You are come to offer Me the Crown and You have brought Me hither I am come and have quitted my Territories and my Country for Love of You. 'T is not with a Design to be a Burthen to You but to bring abundance along with Me my Wealth my Forces and all that belongs to Me to augment as much as in Me lies the Glory and Honour of Your Nation by fighting against the Enemies of the Kingdom more-especially those of Christendom Be assur'd that my Heart shall be always constant and sincere towards my Faithful Subjects and that my Sword shall only be employ'd in the Defence of Your Liberty and the Authority with which You have invested Me. From Piccari the King continued his March towards Cracow And tho' all Circumstances consider'd he had by far the Advantage over his Adversary yet there were still innumerable Difficulties not only to struggle with in Poland but Saxony it self was also to be taken care of wherefore least the sudden Change of his Religion should occasion any Innovations there he caused the following Declaration to be affixed upon the Gates of Dresden FRederick Augustus by the Grace of God King of Poland c. Elector of Saxony c. We notifie and make known That having long since by Divine Inspiration resolv'd to return to the Bosom of the Roman Church wherein our Ancestors liv'd and whereas for that purpose without any Allurement of Interest or Profit but only having God before our Eyes we have embrac'd the Catholick Apostolick and Roman Religion and that in the mean while it has pleased his Divine Majesty to advance our Person to the Throne of Poland for which reason we find our selves oblig'd by Affairs of so great Importance to absent our selves for some time from our Dear Country the Electorate of Saxony and seeing that for these Reasons and because of our Change the States of our said Country and our Dear Subjects may believe that we have a Design to abolish their ancient Priviledges we have thought fit to declare That we have not any the least Thought to over-charge 'em in any manner whatsoever contrary to their aforesaid ancient Priviledges but rather graciously to maintain our said States and Subjects in all their Liberties assuring 'em that as we promis'd 'em when we enter'd into Possession of our Estates and were settl'd in the Government and now that we have embrac'd the Roman Religion that we will maintain and protect our Dear States and Subjects in their Ausburg Confession in their ancient Possession of Liberty of Conscience of Churches of Religious Worship of Religious Exercise of Universities of Schools and of all other Priviledges which they now enjoy that in pursuance of this we will not constrain any Person to embrace our present Catholick Religion but will leave every Body free in his own Conscience as we assure 'em upon our Royal and Electoral Word assuring our selves in the mean time that our Dear States and Subjects will continue their just Affection Love Esteem and Fidelity which they have hitherto testify'd to our Person as their Lawful Elector and Sovereign and that they will live in Peace in Repose and in Union during our Absence for a while so that the Blessing of God and all manner of Happiness may more and more increase to which purpose we will assist our People with all our Power and at all times give 'em Demonstrations of our Royal and Electoral Affection And to the end that our present Assurance and Promise may be known to all our States and Subjects of our Electorate and other Countries we ordain that being Printed it be affix'd in all Places of our Electorate and Country and that Copies of it be every where distributed and dispers'd And for the greater Confirmation of what is above written we have Sign'd this present Act and Promise with our Hand and Seal'd it with our Seal At Lobsow August 6. 1697. ● AVGVSTVS K. of Poland and E. of Saxony The Prince of Conti in the mean time being buoy'd up by the Primate and his Party September the 6th left France and on the 25th arrived before Danzick but while that City refused his Men the liberty of Landing and adher'd firmly to the Interest of the Elector this last was solemnly crowned King at Cracow September 15. This undoubtedly must be a great Mortification to the Prince of Conti However not to be totally discouraged and in assurance that the Lithuanian Army would not submit to the new crown'd King with an Intention farther still to embroil Matters he wrote the following Letter and his Party were very sedulous to disperse Copies of it FRancis Lewis de Bourbon Prince of Conti and by the Grace of God and the Affection of the Polish Nation Elect King of Poland and the Dutchy of Lithuania made no haste to come sooner in order to testifie his Acknowledgment that he might not do any Prejudice to the Customs of the Kingdom For the same Reason it is that he still remains on Board his Ship and that he has brought no Men along with him He does not apprehend that the Coronation of the Elector of Saxony can any way Prejudice his Right according to the Maxim That whatever is originally invalid can never be of any force in the Consequences that attend it Hence it comes to pass besides the Irregularities of His Electoral Highness's Coronation that there is an indispensible Necessity according to the Pacta Conventa that the Electress should embrace the Roman Catholick Religion before the Elector can be crown'd He puts all his Confidence in the Poles having a Design to avoid Effusion of Blood But in case of Necessity he Promises as many Forces as shall be necessary and continues still dispos'd to spend his Estate and to expose his own Person for the Polish Religion and Liberty But tho' this Stratagem had not the desired Effect the new King did not defer 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