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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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●o unskilful in Government as the Name they gave them did import 'T is indeed not to be doubted but that the Division made of the Empire by Theodosius between his Two Sons Arcadius and Honorius into the Eastern and Western did very much precipitate the Ruine of it For tho' the former for many Ages after made a Shift to keep up yet it came infinitely short of the Ancient Roman Empire for Power and Splendour and was so harassed by degrees with the Insults of the Neighbouring Nations and diminished by the Conquests of the Bulgarians over one part of it by the Saracens subduing Palestine Syria Egypt and Cilicia by the City of Trebesond and the Neighbouring Countries withdrawing themselves from under the Obedience of it and chusing an Emperor of their own as Greece set up divers petty Princes to govern the different Parts of it● That the poor Remains thereof was not only swallowed up at length by the Turks but most of the said conquer'd or revolted Divisions to other very great Acquisitions of their own made both before and after fell under their Dominion also which made them for a Time more formidable in Power than any other single Dominion known to us in those Parts of the World But the Fate of the West Part of that divided Empire came on a pace the same becoming a Prey to the Germans and Goths who about this time came in prodigious Numbers to change their poor Habitations for the pleasant and fertile Provinces of the Romans Britain became a Prey to the Saxons Spain fell to the Share of the West-Goths The Goths Burgundians and Franks made bold with dividing France between them Rhoetia and Noricum were conquered by the Suevians A great part of Pannonia and Illiricum fell into the Hands of the Huns The Vandals fixed their Habitations in Africa And one part of the Goths set up a Kingdom in Italy and did not think Rome once Mistress of the World and the common Mother and Habitation of Mankind a fitting Place for their Kings to reside in The Empire being thus mangled and rent into so many different Pieces the next Thing according to the Course of a corrupted and vain World these Invaders went upon after some tolerable Settlement in their respective Acquisitions was to incroach upon their Neighbours and to endeavour to introduce such a Dominion again upon the Earth as might in Imitation of that glorious Empire which all of them in their several Turns had given an Helping-hand to overthrow over-top all others and merit the Name of a Supream and Universal One But there have hitherto in the Course of Divine Providence such Rubs been laid in the Way of this Design that it could never be accomplish'd tho' divers Princes have attempted it with the greatest Application and some seeming Probability of Success As Islands are not so liable to be invaded as those Kingdoms and States that lie upon the Continent So neither are they on the other hand so proper to make Conquests of others and to enlarge their Territories And if Great Britain has come in any respect short of other Countries in this Particular this is a sufficient Reason for it But there were other Causes and Considerations which we shall a little consider before we go any farther Tho' tho Saxons made an entire Conquest of the best and fruitfullest Part of Britain yet neither the most Northern Parts of the Island possessed by the Picts and Scots nor the Southern known since by the Name of Cornwall much less the ancient Habitation of the Britains wrongfully called Wales could they subdue in a long time nor the first indeed at all entirely Add to this That the Saxons themselves had no less than Seven Dynasties or petty Kingdoms amongst them known all together by the Heptarchy which took them up from their first Landing under Hengist by Alliances and the Power of their Arms not much less than 400 Years to unite them into one Monarchy which happen'd under K. Egbert about the Year 800. But tho' this Conjunction of Seven into One was very considerable and that now some grand Efforts might have been made for reducing the remaining Parts of the Island under one Head the Danes now a very Potent and Sea-faring People in the very same King's Reign invaded Britain Between whom and the English there were continual Wars for the Space of 240 Years and the former so far prevailed that Three of their Kings reigned successively over England for 26 Years when the Government returned again into the Hands of the English But it was so weak and feeble that in a short time it fell into the Hands of Will surnamed the Conqueror and his Normans in whose Son 's Reign Henry I. by Name the Dukedom of Normandy was annexed to the Crown of England This so considerable Accession of Strength upon the Continent came yet short of a Compensation for the still remaining Disjunction of Scotland and Wales from the rest of Britain which the succeeding Kings little minded to effect For tho' Henry II. was the greatest King at this time in our Western World as being besides K. of England and Duke of Normandy by Inheritance Duke of Anjou and by Marriage Duke of Aquitain and Poictou yet he was so far from going through stitch with his intended Conquest of Wales or reducing Scotland that his chief Aim was upon the Conquest of Ireland which tho' a noble Design and in a very great Measure effected yet it was misplaced and should have followed the Reduction of the other two Yet what came to Henry upon the Continent by Right of Inheritance his Son King John and his Grandson Henry III. in a manner totally lost But of all the Kings of England to this Time Edward I. was the only Prince that seemed to have a right Notion of Extending his Dominions and therefore he never gave over till what by fair and foul Means with an Intermixture of Policy he entirely united Wales to the Kingdom of England and made in a manner by the same Methods a perfect Conquest of Scotland which nothing humanely speaking but the Weakness of his Successor obstructed the Consummation of So that henceforward all the Thoughts of our Warlike Kings were the Recovery of that Right they alledged to have to the Kingdom of France whose Conquests there if they had been as wisely secured as they were valiantly made had added a much greater Glory to the English Name than our Annals would otherwise admit of But that which our Kings would not or could not add to their Dominions by Conquest within the Island it self I mean the Scotch Kingdom which always obstructed the Progress of their Arms upon the Continent at length fell in of it self in the Course of Succession So that England Scotland and Ireland were in the Person of King James I. united under one Head In the mean time one of our Neighbour-Nations was arrived to that Pitch of Greatness and another of them in
and not by the Directions which the others gave them By which it is apparent that they design to render themselves the Absolute Masters of the Lives Honours and Estates of the Subjects of what Rank or Dignity soever they may be and that without having any Regard either to the Equity of the Cause or to the Consciences of the Judges whom they will have to submit in all things to their own VVill and Pleasure hoping by such Ways to intimidate those who are in Employment as also such others as they shall think fit to put in the room of those whom they have turned out and to make them see what they must look for if they should at any time act in the least contrary to their good liking and that no Failings in that kind are pardoned in any Person whatsoever A great deal of Blood has been shed in many Places of the Kingdom by Judges governed by those Evil Counsellors against all the Rules and Forms of Law without so much as suffering the Persons that were accused to plead in their own Defence XII They have also by putting the Administration of Civil Justice in the Hands of Papists brought all the Matters of Civil Justice into great Uncertainties with how much Exactness and Justice soever these Sentences may have been given For since the Laws of the Land do not only exclude Papists from all Places of Judicature but have put them under an Incapacity none are bound to acknowledge or to obey their Judgments and all Sentences given by them are null and void of themselves So that all Persons who have been cast in Trials before such Popish Judges may justly look on their pretended Sentences as having no more Force than the Sentences of any private and unauthorized Person whatsoever So deplorable is the Case of the Subjects who are obliged to answer to such Judges that must in all things stick to the Rules which are set them by those Evil Counsellors who as they raised them up to those Employments so can turn them out at Pleasure and who can never be esteemed lawful Judges so that all their Sentences are in the Construction of the Law of no Force and Efficacy They have likewise disposed of all Military Employments but have in particular provided that they should be disarm'd yet they in contempt of these Laws have not only armed the Papists but have likewise raised them up to the greatest Military Trust both by Sea and Land and that Strangers as well as Natives and Irish as well as English that so by those means having rendred themselves Masters both of the Affairs of the Church of the Government of the Nation and of the Courts of Justice and subjected them all to a Despotick and Arbitrary Power they might be in a capacity to maintain and execute their wicked Designs by the Assistance of the Army and thereby to enslave the Nation XIII The Dismal Effects of this Subversion of the Established Religion Laws and Liberties in England appear more evidently to us by what we see done in Ireland where the whole Government is put in the Hands of Papists and where all the Protestant Inhabitants are under the daily Fears of what may be justly apprehended from the Arbitrary Power which is set up there which has made great numbers of them leave that Kingdom and abandon their Estates in it remembring well that cruel and bloody Massacre which fell out in that Island in the Year 1641. XIV Those Evil Counsellors have also prevailed with the King to declare in Scotland That he is cloathed with Absolute Power and that all the Subjects are bound to Obey him without Reserve Upon which he assumed an Arbitrary Power both over the Religion and Laws of the Kingdom from all which it 's apparent what is to be looked for in England as soon as Matters are duly prepared for it XV. Those great and insufferable Oppressions and the open Contempt of all Law together with the Apprehensions of the sad Consequences that must certainly follow upon it have put the Subjects under great and just Fears and have made them look after Lawful Remedies as are allow'd of in all Nations yet all has been without effect And those Evil Counsellors have endeavoured to make all Men apprehend the Loss of their Lives Liberties Honours and Estates if they should go about to preserve themselves from this Oppression by Petition Representations or other Means Authorized by Law Thus did they proceed with the Archbishop of Canterbury and the other Bishops who having offered a most Humble Petition to the King in Terms full of Respect and not exceeding the Number limited by Law in which they set forth in short the Reasons for which they could not obey that Order which by the Instigation of those Evil Counsellors was sent them requiring them to appoint their Clergy to read in their Churches the Declaration for Liberty of Conscience were sent to Prison and afterwards brought to a Trial as if they had been guilty of some enormous Crime They were not only obliged to defend themselves in that pursuit but to appear before professed Papists who had not taken the Test and by consequence were Men whose Interest led them to condemn them and the Judges that gave their Opinions in their Favours were thereupon turned out XVI And yet it cannot be pretended that any Kings how great soever their Power has been and how Arbitrary and Despotick soever they have been in the Exercise of it have ever reckoned it a Crime for their Subjects to come in all Submission and Respect and in a due number not exceeding the Limits of the Law and represent to them the Reasons that made it impossible for them to obey their Orders Those Evil Counsellors have also treated a Peer of the Realm as a Criminal only because he said That the Subjects were not bound to obey the Orders of a Popish Justice of Peace though it 's Evident that they being by Law rendred incapable of all such Trusts no regard is due to their Orders This being the Security which the People have by the Law for their Lives Liberties and Estates that they are not to be subjected to the Arbitrary Proceedings of Papists that are contrary to Law put into any Employments Civil or Military XVII Both we our selves and our dearest and most entirely Beloved Consort the Princess have endeavoured to signifie in Terms full of Respect to the King the just and deep Regret which all these Proceedings have given us and in Compliance with His Majesty's Desires signified to us We declared both by Word of Mouth to his Envoy and in Writing what our Thoughts were touching the Repealing of the Test and Penal Laws which we did in such a manner that we hop'd we had proposed an Expedient by which the Peace of those Kingdoms and a happy Agreement among the Subjects of all Perswasions might have been settled but those Evil Counsellors have put such ill Constructions on
Superiority Preheminence or Authority Ecclesiastical or Spiritual within the Realm So help me God This Declaration being tendered to the Prince and Princess of Orange and the Conditions being accepted by both they were soon after proclaimed King and Queen of England according to the Tenor of a Proclamation drawn by the Convention for that very purpose and so they took a peaceable Possession of the English Crown the few Soldiers of Dumbarton's Regiment that sometime after revolted being quickly brought to submit and no other Punishment inflicted upon them than to be sent into Holland without any de●alcation of their Pay But the King having now done his Work in England 't was his next Thoughts to make sure of Scotland whither he had sent a Body of Men sometime since under the Command of Major General M●ckay and where notwithstanding the Duke of Gourdon still held Edinburgh Castle and that there was a disposition in the Northern Inhabitants of that Kingdom to adhere to the late King a Convention met also and notwithstanding King James writ to them as well as King William yet the formers Letter was so far from having any effect upon them in his Favour that the Throne of Scotland was declared vacant and an Act of Recognition drawn up in the Form following THat whereas James the Seventh being a professed Papist did assume the Regal Power and act as a King without ever taking the Oaths required by Law whereby every King at his Access to the Government was obliged to swear to maintain the Protestant Religion and to Rule the People according to the laudable Laws and by the Advice of wicked Counsellors did invade the Fundamental Constitutions of the Kingdom of Scotland and alter'd it from a Legal limited Monarchy to an Arbitrary and Despotick Power and in a publick Proclamation asserted an Absolute Power to annul and disable all Laws particularly by arraigning the Laws establishing the Protestant Religion and to the Violation of the Laws and Liberties of the Kingdom By erecting publick Schools and Societies of the Jesuits and not only allowing Mass to be publickly said but also converting Protestant Chapels and Churches to publick Mass-Houses contrary to the express Laws against saying and hearing of Mass By allowing Popish Books to be printed and disposed by a Patent to a Popish Printer designing him Printer to his Majesty's Houshold Colledge and Chappel contrary to Law By taking the Children of Protestant Noblemen and Gentlemen and sending them abroad to be bred Papists and bestowing Pensions on Priests to pervert Protestants from their Religion by Offers of Places of Preferments By disarming Protestants while at the same time he employ'd Papists in Places of the greatest Trust both Civil and Military c. and entrusting the Forces and Magazines in their hands By imposing Oaths contrary to Law By exacting Money without Consent of Parliament or Convention of Estates By levying and keeping up a Standing Army in time of Peace without Consent of Parliament and maintaining them upon free Quarter By employing the Officers of the Army as Judges throughout the Kingdom by whom the Subjects were put to death without legal Trial Jury or Record Bp imposing exorbitant Fines to the value of the Parties Estates exacting extravagant Bail and disposing Fines and Forfeitures before any Process or Conviction By imprisoning Persons without expressing the Reason and delaying to bring them to Trial. By causing several Persons to be prosecuted and their Estates to be forfeited upon Stretches of old and forfeited Laws upon weak and frivolous Pretences and upon lame and defective Proofs as particularly the late Earl of Argyle to the Scandal of the Justice of the Nation By subverting the Rights of the Royal Boroughs the Third Estate of Parliament imposing upon them not only Magistrates but also the whole Town Council and Clerks contrary to their Liberties and express Charters without any pretence of Sentence Surrender or Consent So that the Commissioners to Parliaments being chosen by the Magistrates and Councils the King might in effect as well nominate that entire Estate of Parliament Besides that many of the Magistrates by him put in were Papists and the Boroughs were forced to pay Money for the Letters imposing those illegal Magistrates upon them By sending Letters to the Chief Courts of Justice not only ordering the Judges to stop sine die but also commanding them how to proceed in Cases depending before them contrary to the express Laws and by changing the Nature of the Judges Patents ad vitam or culpam into a Commission de bene placito to dispose them to a Compliance of Arbitrary Courses and turning them out of their Offices if they refus'd to comply By granting personal Protections for Civil Debts contrary to Law All which were Miscarriages of King James utterly and directly contrary to the known Laws Freedoms and Statutes of the Realm of Scotland Upon which Grounds and Reasons the Estates of the Kingdom of Scotland did find and declare That K. James the 7th being a profess'd Papist did assume the Regal Power c. as at the beginning whereby he had forfeited the Right of the Crown and the Throne was become vacant Therefore in regard his Royal Highness then Prince of Orange since King of England whom it pleas'd God to make the glorious Instrument of delivering these Kingdoms from Popery and Arbitrary Power by Advice of several Lords and Gentlemen of the Scots Nation then at London did call the Estates of this Kingdom to meet upon the Fourteenth of March last in order to such an Establishment as their Religion Laws and Liberties might not again be in danger of being subverted The said Estates being at that time assembled accordingly in a full and free Representative of the Nation taking into their most serious Consideration the best Means for attain●ng the Ends aforesaid did in the first place as their Ancestors in the like Cases had usually done for the Vindicating and Asserting their Ancient Rights and Liberties declare That by the Law of Scotland no Papist could be King or Queen of the Realm nor bear any Office whatever therein nor that any Protestant Successor could exercise the Regal Power till he or they had sworn the Coronation-Oath That all Proclamations asserting an Absolute Power to null and disable Laws in order to erecting Schools and Colledges for Jesuits converting Protestant Churches and Chappels into Mass-Houses and the allowing Mass to be said That the allowing Popish Books to be printed and dispersed was contrary to Law That the taking the Children of Noblemen Gentlemen and others and keeping them abroad to be bred Papists the making Funds and Donations to Popish Schools and Colledges the bestowing Pensions on Priests and the seducing Protestants from their Religion by offers of Places and Preferment was contrary to Law That the disarming of Protestants and the employing Papists in the greatest Places of Trust both Civil and Military c. was contrary to Law That the imposing
an Oath without Authority of Parliament was contrary to Law That the raising of Money without Consent of Parliament or Convention was contrary to Law That the imploying Officers of the Army as Judges c. was contrary to Law That the imposing extraordinary Fines c. was contrary to Law That the imprisoning of Persons without expressing the Reasons c. was the same That the prosecuting and seizing Mens Estates as forfeited upon stretches of the old and obsolete Laws c. was contrary to Law That the nominating and imposing Magistrates c. upon Burroughs contrary to their express Charters was the same That the sending Letters to the Courts of Justice ordaining the Judges to desist from determining of Causes and ordaining them how to proceed in Causes depending before them c. was contrary to Law That the granting of personal Protections c. was the same That the forcing the Subjects to depose against themselves in capital Causes however the Punishment were restricted was contrary to Law That the using Torture without Evidence or in ordinary Crimes was contrary to Law That the sending of an Army in a Hostile manner into any part of the Kingdom in time of Peace and exacting Locality and free Quarter was the same That charging the Subjects with Law-burroughs at the King's Instance and imposing Bonds without Authority of Parliament and the suspending Advocates for not appearing when Bonds were offer'd was contrary to Law That the putting Garrisons into private Mens Houses in time of Peace without Authority of Parliament was illegal That the Opinions of the Lords of the Sessions in the two Cases following were illegal viz. That the concerting the demand of Supply of a forefaulted Person although not given was Treason That Persons refusing to discover their private Thoughts in relation to points of Treason or other Mens Actions are guilty of Treason That the fining Husbands for their Wives withdrawing from Church was illegal The Prelates and Superiority of any Office in the Church above Presbyter is and has been a great and unsupportable burthen to this Nation and contrary to the Inclinations of the generality of the People ever since the Reformation they having reform●d Popery by Presbytery and therefore ought to be abolish'd That it is the Right and Privilege of the Subject to protest for remedy of Law to the King and Parliament against Sentences pronounc'd by the Lords of the Sessions provided the same do not stop executions of the said Sentences That it is the Right of the Subject to petition the King and that all Prosecutions and Imprisonments for such petitioning are and were contrary to Law Therefore for the redress of all Grievances and for the amending strengthening and preserving the Laws they claim'd that Parliaments ought to be frequently call'd and allow'd to ●it and freedom of Speech and Debate allow'd the Members And then they farther claim'd and insisted upon all and sundry the Premises as their undoubted Rights and Liberties and that no Declaration or Proceedings to the prejudice of the People in any of the said Premises ought in any wise to be drawn hereafter in Example but that all Forfeitures Fines loss of Offices Imprisonments Banishments Prosecutions Persecutions and rigorous Executions be consider'd and the Parties redress'd To which demand of their Rights and redress of their Grievances they took themselves to be encourag'd by the King of England's Declaration for the Kingdom of Scotland in October last as being the only means for obtaining a full Redress and Remedy therein Therefore Forasmuch as they had an entire Confidence that His Majesty of England would perfect the Deliverance so far advanc'd by him and would still preserve them from the Violation of the Rights which they had asserted and from all other Attempts upon their Religion Laws and Liberties The said Estates of the Kingdom of Scotland had resolv'd That William and Mary King and Queen of England be declared King and Queen of Scotland to hold the Crown and Royal Dignity of the said Kingdom to them the said King and Queen during their Lives and the longest Liver of them and that the sole and full Exercise of the Power be only in and exercis'd by him the said King in the Names of the said King and Queen during their Lives And after their Decease that the said Crown and Royal Dignity of the said Kingdom be to the Heirs of the Body of the said Queen Which failing to the Princess Anne of Denmark and the Heirs of her Body which also failing to the Heirs of the Body of the said William King of England And then withal they pray'd the said King and Queen to accept the same accordingly It was also declar'd by the Instrument That the Oath hereafter mention'd should be taken by all Protestants by whom the Oath of Allegiance or any other Oaths and Declarations might be requir'd by Law instead of it and that the Oath of Allegiance and all other Oaths and Declarations should be abrogated The Oath was but short and conformable to that which was prescrib'd in England I A. B. Do sincerely promise and swear That I will be faithful and bear true Allegiance to Their Majesties King William and Queen Mary So help me God This Act being brought to perfection the Earl of Argyle with other Commissioners were dispatch'd away with it for London to present it to the King and Queen and to take their Oath which being done the same day as Their Majesties were Crowned King and Queen of England they were also proclaimed King and Queen of Scotland and May 11th the Earl of Argyle with other Commissioners tender'd the Coronation Oath to their Majesties which was distinctly pronounced word by word by the Earl while their Majesties repeated the Sentences after him holding up their Right-hands all the while according to the Custom of Scotland but when the King came to that Clause in the Oath We shall be careful to root out Hereticks he declared that he did not mean by those words that he was under any obligation to become a Persecutor To which the Commissioners replied That neither the meaning of the Oath nor the Law of Scotland did import it Whereupon the King said That he took the Oath in that sense and called the Commissioners and other 's there present to be Witnesses of his so doing Then the Convention was turn'd into a Parliament who abolish'd Episcopal Church-Government and restor'd the Presbyterian one which with other concurring Causes made things somewhat uneasie in that Kingdom for a time For tho Edenburgh Castle was June 13th surrender'd to Sir John Lamier yet Dundee gathered strength in the North for the late King between whose Party and Mackays past several Actions and the first was July 16th near Blaine in the County of Athol where Mackay with 4000 Foot and 4 Troops of Horse and Dragoons attack'd Dundee who had 6000 Foot and 100 Horse on his side and between whom there was a
steering a Channel Course Westward the Wind at E. N. E. a fresh Gale and on the 5th passing by Dartmouth it being hazy Weather they overshot Torbay where the Prince designed to Land But about 9 a Clock the Weather cleared up and the Wind changed to W. S. W. and the Fleet stood Eastward with a moderate Gale being about 4 or 500 Sail whereof there was 51 Men of War and 18 Fireships This Change of Wind was observed by Dr. Burnet to be of no long Duration but it immediately choped into another Corner when it had executed its Commission While the Prince was landing his Army and advanced to Exeter the King was vainly endeavouring to sooth the People by redressing the Disorders committed by the Soldiers and Promises of a Parliament which several of the Bishops and Nobility petitioned might be a Free Regular one in all its Circumstances wherewith His Majesty to discover his good Disposition did not appear by his Answer to be well-pleased And all Endeavours were used to make the Prince and his Army contemptible in the sight of the People by Printing a List of them and giving out That none of the Nobility and Gentry but only a few Rabble appeared for him and that the Prince's Declaration might be kept close from the Knowledge of the People yet it did not continue so long with the Prince whose Army was considerably augmented by the Junction of divers Persons of good Quality with him Neither could the Court any longer keep the Declaration suppress'd and therefore they suffered the same to be Printed with a Preface and some modest Remarks as the Author pretends on it VVhich Declaration was this that follows The Declaration of His Highness WILLIAM HENRY by the Grace of God Prince of Orange c. of the Reasons inducing him to appear in Arms in the Kingdom of ENGLAND for preserving of the Protestant Religion and for Restoring of the Laws and Liberties of England Scotland and Ireland I. IT is both certain and evident to all Men That the Publick Peace and Happiness of any State or Kingdom cannot be preserved where the Laws Liberties and Customs Established by the Lawful Authority in it are openly transgressed and annulled More especially where the Alteration of Religion is endeavoured and that a Religion which is contrary to Law is endeavoured to be introduced Upon which those who are most immediately concerned in it are indispensably bound to endeavour to maintain and preserve the Established Laws Liberties and Customs and above all the Religion and Worship of God that is Established among them and to take such an Effectual Care that the Inhabitants of the said State or Kingdom may neither be deprived of their Religion nor of their Civil Rights which is so much the more necessary because the Greatness and Security both of Kings Royal Families and of all such as are in Authority as well as the Happiness of their Subjects and People depend in a most especial manner upon the exact Observation and Maintenance of these their Laws Liberties and Customs II. Upon these Grounds it is that we can't any longer forbear to declare That to our great Regret we see that those Counsellors who have now the chief Credit with the King have overturned the Religion Laws and Liberties of these Realms and subjected them in all things relating to their Consciences Liberties and Properties to Arbitrary Government and that not only by secret and indirect VVays but in an open and undisguised Manner III. These Evil Counsellors for the Advancing and Colouring this with some plausible Pretexts did invent and set on Foot the King 's Dispensing Power by Virtue of which they pretend that according to Law he can suspend and dispense with the Execution of the Laws that have been enacted by the Authority of the King and Parliament for the Security and Happiness of the Subject and so have rendred those laws of no effect though there is nothing more certain than that as no Laws can be made but by the joynt Concurrence of the King and Parliament so likewise Laws so Enacted which secure the Publick Peace and Safety of the Nation and the Lives and Liberties of every Subject in it cannot be repealed or suspended but by the same Authority IV. For though the King may pardon the Punishment that a Transgressor has incurred and for which he is condemned as in the Cases of Treason or Felony yet it cannot be with any colour of Reason inferred from thence that the King can entirely suspend the Execution of those Laws relating to Treason or Felony unless it is pretended that he is cloathed with a Despotick and Arbitrary Power and that the Lives Liberties Honours and Estates of the Subjects depend wholly on his Good Will and Pleasure and are entirely subject to him which must infallibly follow on the King 's having a Power to suspend the Execution of the Laws and to dispense with them V. Those Evil Counsellors in order to the giving some Credit to this strange and execrable Maxim have so conducted the Matter that they have obtained a Sentence from the Judges declaring That this Dispensing Power is a Right belonging to the Crown as if it were in the Power of the Twelve Judges to offer up the Laws Rights and Liberties of the whole Nation to the King to de disposed of by him Arbitrarily and at his Pleasure and expresly contrary to Laws Enacted for the Security of the Subjects In order to the obtaining of this Judgment those Evil Counsellors did before-hand examine secretly the Opinion of the Judges and procured such of them as could not in Conscience concur in so pernicious a Sentence to be turned out and others to be substituted in their Rooms till by the Changes that were made in the Courts of Judicature they at last obtained that Judgment And they have raised some to those Trusts who make open Profession of the Popish Religion tho' those are by Law render'd incapable of all such Employments VI. It is also manifest and notorious that as His Majesty was upon his coming to the Crown received and acknowledged by all the Subjects of England Scotland and Ireland as their King without the least Opposition tho' he made then open Profession of the Popish Religion so he did then promise and solemnly swear at his Coronation That he would maintain His Subjects in the free Enjoyment of their Laws and Liberties And in particular That he would maintain the Church of England as it was Established by Law It is likewise certain that there have been at divers and sundry times several Laws Enacted for the Preservation of those Rights and Liberties and of the Protestant Religion And among other Securities it has been Enacted That all Persons whatsoever that are advanced to any Ecclesiastical Dignity or to bear Office in the University as likewise all others that should be put into any Employment Civil or Military should declare that they were not Papists but were
the Irish and their Army For freeing the said Lord Lucan of the said Engagement past on the publick Account for Payment of the said Protestants for preventing the Ruin of the said John Brown and for Satisfaction of his Creditors at the instance of the said Lord Lucan and the rest of the Persons aforesaid it is agreed That the said Lords Justices and Lieutenant General Ginckle shall interpose with the King and Parliament to have the Estates secured to Roman-Catholicks by Articles and Capitulations in this Kingdom charged with and equally liable to the Payment of so much of the said Debts as the said Lord Lucan upon stating Accompts with the said John Brown shall certifie under his Hand that the Effects taken from the said John Brown amount unto which Accompts are to be Stated and the Ballance certified by the said L. Lucan in 21 Days after the Date hereof For the true Performance hereof We have hereunto set our Hands Charles Porter Tho. Coningsby Present Bar. De Ginckle Scravenmoae H. Maccay F. Talmash Lucan Gallmoy N. Pursel N. Cusack Theob Butler John Brown Ger. Dillon The other Articles I. THAT all Persons without any Exceptions of what Quality or Condition soever that are willing to leave the Kingdom of Ireland shall have free leave to go beyond the Seas to any Country England and Scotland excepted where they think fit with their Families Household-Stuff Plate and Jewels II. THAT all the General Officers Colonels and generally all other Officers of Horse Dragoons and Foot-Guards Troops Dragoons Souldiers of all kind that are in any Garrison Place or Post now in the Hands of the Irish or encamped in the Counties of Cork Clare or Kerry as also those called Rapparees or Voluntiers that are willing to go beyond Seas as aforesaid shall have free Liberty to imbark themselves wheresoever the Ships are that are appointed to Transport them and to come in whole Bodies as they are now compos'd or in Parties Companies or otherwise without having any Impediment directly or indirectly III. THAT all Persons above-mentioned that are willing to leave Ireland and go into France have leave to declare it at the Places and Times hereafter mentioned viz. The Troops in Limerick on Tuesday next at Limerick the Horse at their Camp on Wednesday and the other Forces that are dispersed in the Counties of Clare Kerry and Cork the 18th day of this Instant and on none other before Monsieur Tumeron the French Intendant and Colonel Withers and after such Declaration so made the Troops that will go into France must remain under the Command and Discipline of their Officers that are to Conduct them thither And Deserters of each side shall be given up and punish'd accordingly IV. THAT all English and Scotch Officers that serve now in Ireland shall be included in this Capitulation as well for the Security of their Estates and Goods in England Scotland and Ireland if they are willing to remain here as for passing freely into France or any other Country to serve V. THAT all the General French Officers the Intendant the Ingeniers the Commissaries at War and other Artillery the Treasurer and other French Officers Strangers and others whatsoever that are in Sligo Ross Clare or in the Army or that do Trade or Commerce or are otherways employed in any kind of Station or Condition shall have leave to pass into France or any other Country and shall have leave to Ship themselves with all their Horses Equipage Plate Papers and all other Effects whatsoever and that General Ginkle will order Pass-ports for them Convoys and Carriages by Land and Water to carry them safe from Lymerick to the Ships where they shall be imbarked without paying any thing for the said Carriages or those that are employed therein with their Horses Carts Boats and Shallops VI. THAT if any of the aforesaid Equipages Merchandize Horses Money Plate or other Moveables or Houshold-Stuff belonging to the said Irish Troops or to the French Officers or other particular Persons whatsoever be robb'd destroy'd or taken away by the Troops of the said General the said General will order it to be restor'd or Payment to be made according to the Value that is given in upon Oath by the Person so Robbed or Plundered And the said Irish Troops to be Transported as aforesaid And all Persons belonging to them are to observe good Orders in their March and Quarters and shall restore whatever they shall take from the Country or make Satisfaction for the same VII THAT to facilitate the Transporting of the Troops the General will furnish 50 Ships and each Ship Burthen 200 Tuns for which the Persons to be Transported shall not be obliged to pay and 20 more if there shall be Occasion without their paying for them and if any of the said Ships shall be lesser Burthen he will furnish more in number to countervail and also give two Men of War to imbark the Principal Officers and serve for a Convoy to the Vessels of Burthen VIII THAT a Commissary shall be immediately sent to Cork to visit the Transport-Ships and what Condition they are in for Sailing and that as soon as they are ready the Troops to be Transported shall March with all convenient Speed the nearest way in order to be imbarked there And if there shall be any more Men to be Transported than can be carried off in the said 50 Ships the rest shall quit the English Town of Lymerick and march to such Quarters as shall be appointed for them convenient for their Transportation where they shall remain till the other 20 Ships are ready which are to be in a Months time and may imbark in any French Ship that may come in the mean time IX THAT the said Ships shall be furnished with Forrage for Horses and all necessary Provisions to subsist the Officers Troops Dragoons and Soldiers and all other Persons that are shipped to be Transported into France which Provisions shall be paid for as soon as all is disimbarked at Brest or Nants on the Coast of Brittany or any other Port in France they can make X. AND to secure the Return of the said Ships the Danger of the Seas excepted and the Payment for the said Provisions sufficient Hostages shall be given XI THAT the Garrisons of Clare-Castle Ross and all other Foot that are in Garrisons in the Counties of Clare Cork and Kerry shall have the Advantage of this Capitulation and such part of the Garrisons that design to go beyond Seas shall march out with their Arms Baggage Drums beating Ball in Mouth Match lighted at both ends Colours flying with all their Provisions and half the Ammunition that is in the said Garrison Towns with the Horse that march to be Transported or if then there 's not Shipping enough the Body of Foot that is to be Transported ne● after the Horse General Ginckle will order that they 〈◊〉 furnished with Carriages for that purpose and what Provision they shall want
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 Hand● 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