Ecclesiastical Affairs By levying Money for and to the use of the Crown by pretence of Prerogative for other time and in other manner than the same was granted by Parliament By raising and keeping a standing Army within the Kingdom in time of Peace without Consent of Parliament and Quartering Soldiers contrary to Law By causing several good Subjects being Protestants to be disarmed at the same time when Papists were both arm'd and employ'd contrary to Law By violating the Freedom of Elections of Members to serve in Parliament By Prosecution in the Court of King's-Bench for Matters and Causes cognizable only in Parliament and by divers other Arbitrary and Illegal Courses And whereas of late Years partial corrupt and unqualified Persons have been returned and served on Juries in Trials and particularly divers Jurors in Trials for High-Treason which were not Freeholders And excessive Bail hath been required of Persons committed in Criminal Cases to elude the Benefit of the Laws made for the Liberty of the Subject And excessive Fines have been imposed And illegal and cruel Punishments inflicted And several Grants and Promises made of Fines and Forfeitures before any Conviction or Judgment against the Persons upon whom the same were to be levied All which are utterly and directly contrary to the known Laws and Statutes and Freedom of this Realm And whereas the late King James the Second having abdicated the Government and the Throne being thereby vacant His Highness the Prince of Orange whom it hath pleased Almighty God to make the Glorious Instrument of delivering this Kingdom from Popery and Arbitrary Power did by the Advice of the Lords Spiritual and Temporal and divers principal Persons of the Commons cause Letters to be written to the Lords Spiritual and Temporal being Protestants and other Letters to the several Counties Cities Vniversities Buâ—â—oughs and Cinque-Ports for the chusing of such Persons to represent them as were of right to be sent to Parliament to meet and sit at Westminster Jan. 22d 1688. in order to such an Establishment as that their Religion Laws and Liberties might not again be in danger of being subverted upon which Letters Elections have been accordingly made And thereupon the said Lords Spiritual and Temporal and Commons pursuant to their respective Letters and Elections being now assembled in a full and free Representation of this Nation taking into their most serious Consideration the best means for attaining the Ends aforesaid do in the first place as their Ancestors in like Cases have usually done for the vindicating their Ancient Rights and Liberties declare That the pretended Power of suspending Laws or the execution of Laws by Regal Authority without Consent of Parliament is illegal That the pretended Power of dispensing Laws or the executing of Laws by Regal Authority as it hath been assumed and exercised of late is illegal That the Commission for erecting the late Court of Commissioners for Ecclesiastical Causes and all other Commissions and Courts of the like Nature are illegal and pernitious That levying of Money to or for the use of the Crown by pretence of Prerogative without Grant of Parliament for longer time or in other manner than the same is or shall be granted is illegal That it is the Right of the Subjects to petition the King and all Commitments and Prosecutions for such petitioning are illegal That the raising and keeping a standing Army within the Kingdom in time of Peace unless it be by Consent of Parliament is against Law That the Subjects being Protestants may have Arms for their Defence suitable to their Condition and as allowed by Law That the Election of Members of Parliament ought to be free That the Freedom of Speech or Debates and Proceedings in Parliament ought not to be impeached or questioned in any Court or Place out of Parliament That excessive Bail ought not to be requir'd nor excessive Fines imposed nor cruel and unusual Punishments inflicted That Jurors ought to be duly impannell'd and return'd and Jurors which pass upon Men in Trials for High-Treason ought to be Freeholders That all Grants and Promises of Fines and Forfeitures of particular Persons before Conviction are illegal and void And that for Redress of all Grievances and for the amending strengthening and preserving of the Laws Parliaments ought to be held frequently And they do claim demand and insist upon all and singular the Premises as their undoubted Rights and Liberties and that no Declarations Judgments Doings or Proceedings to the prejudice of the People in any of the said Premises ought in any wise to be drawn hereafter into Consequence or Example To which demand of their Rights they are particularly encouraged by the Declaration of his Highness the Prince of Orange as being the only means for obtaining a full Redress and Remedy therein Having therefore an intire Confidence that his said Highness the Prince of Orange will perfect the Deliverance so far advanced by him and will still preserve them from the violation of their Rights which they have here asserted and from all other Attempts upon their Religion Rights and Liberties The said Lords Spiritual and Temporal and Commons assembled at Westminster do resolve That WILLIAM and MARY Prince and Princess of Orange be and be declared King and Queen of England France and Ireland and the Dominions thereunto belonging to hold the Crown and Royal Dignity of the said Kingdoms and Dominions to them the said Prince and Princess during their Lives and the Life of the Surviâ—or of them and that the sole and full Exercise of the Regal Power be only in and executed by the said Prince of Orange in the Names of the said Prince and Princess during their Lives and after their Deceases the said Crown and Royal Dignity of the said Kingdoms and Dominions to be to the Heirs of the Body of the said Princess and for default of such Issue to the Princess Anne of Denmark and the Heirs of her Body and for default of such Issue to the Heirs of the Body of the said Prince of Orange And the said Lords Spiritual and Temporal and Commons do pray the said Prince and Princess of Orange to accept the same accordingly And that the Oaths hereafter mentioned be taken by all persons of whom the Oaths of Allegiance and Supremacy might be required by Law instead of them and that the said Oaths of Allegiance and Supremacy be abrogated 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 I A. B. Do Swear That I do from my Heart Abhor Detest and Abjure as Impious and Heretical this damnable Doctrine and Position That Princes Excommunicated or Deprived by the Pope or any Authority of the See of Rome may be deposed or murthered by their Subjects or any other whatsoever And I do declare That no Foreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power
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 deâ—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 Mâ—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 attainâ—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
and all the Errors of my past Life and that Thou wilt not lay my secret Sins and Ignorances to my Charge but wilt graciously support me during that small Time of Life now before me and assist me in my last Moments and not leave me then to be disordered by Fear or any other Temptations but make the Light of thy Countenance to shine upon me Thou art my Sun and my Shield and as thou supportest me by thy Grace so I hope thou wilt hereafter Crown me with Glory and receive me into the Fellowship of Angels and Saints in that blessed Inheritance purchased for me by my most merciful Redeemer who is I trust at thy Right Hand preparing a â—lace for me and is ready to receive me into whose Hands I commend my Spirit But though this gallant Man ended his natural Life with a Death in it self ignominious yet his Memory shall always be retained by every good English Man After the Death of these Noble Persons the Remainder of the Game was play'd almost without Rub Bateman the Chyrurgeon Captain Walcot and Rouse followed all for Treason and all of different Complections and where Treason could have no Colour actually to take away the Life of those that were Opponents to Popish Tyranny and Arbitrary Government Misdemeanours were set on foot to take away their Means of Living by Fines from 10000 to 100000 l. for Words against his Royal Highness tho' by Magna Charta a Salvo Contenemento is reserved for Misdemeanors against the King And you may be sure from what has been said before that Jury men could not be missed off and Sheriffs to return them that would effectually do the Work But tho' I do readily confess I have no great Stomach to rake any further into the cursed Designs of our then Court in setting up Conspiracies for the Ruine of the Protestant Religion and our Civil Rights in these Kingdoms yet give me leave to say somewhat for the Reader 's Satisfaction of the Honourable Colonel Sidney who for his noble Extract and Quality was inferior to few but for his excellent Vertues hardly to be match'd by any which last was especially a constant Eye-sore to our Court and therefore he must be hooked Neck and Shoulders into the Conspiracy But though otherwise he was a Person of admirable Parts yet he said not much at his Tryal as believing whatever he should say would signifie nothing with that Judicature whom he thought had already prejudged him and so it was really in effect for as the Learned Mr. Hawles judiciously observed He was meerly talked to Death under the Notion of a Commonwealths-man and found Guilty by a Jury who were not much more proper Judges in the Case than they should have been if what he had writ had been done by him in Syriac or Arabick It 's observable the Indictment against him was never presented to the Grand Jury before they came into the Hall and yet they found it immediately and was in substance like the rest For a Conspiracy to Depose the King and stirring up Rebellion and as an Addition for writing a Libel to that Purpose The greatest part of the Evidence as it was in my Lords Russel's Case was only Hear-say nay West whose Evidence was once rejected must be admitted now and that to tell a long Story of what he had heard from one and another Person the rest viz. Rumsey and my Lord Howard's with his Council of 6 were much of the same Stamp only my Lord was very Rhetorical even to Pedantry upon the Matter according to his vain though usual Custom But to clench the Matter there was a Paper found in the Prisoner's Study said to be his Writing the Substance whereof was An Enquiry into the several Forms of Government and Reasons of their Decay together with the Rights of the People Bounds of Sovereignty and Original Power wherein among other Things were these Expressions The King is subject to the Law of God as he is a Man to the People that made him such as a King And wherein there are Examples cited how evil Princes had been sometimes destroyed by a Popular Fury as others had been deposed But where was the Treason of all this Or if it had been so why did they not prove that it was his Hand-writing But in short so far as any Man of impartial Principles and good Sense has heard of them Papers they contained in them a great deal more Learning and rectified Principles than the Chief Justice Jeffreys had Manners when without any Regard to the Noble Family and the Name of the Sidneys he said the Prisoner was born a Trayâ—or It will be too long to run through all the Particulars And therefore I shall and can only gratifie the Reader with something that was his own and that is his last Speech at his Execution upon Tower-Hill Dec. 7. 1683 after I have first premised that King Charles shewed his usual Gratitude to Mr. Sidney now the Right Honourable the Earl of Rumney the Colonel's Brother in cutting him off for so trivial a Crime if it was any for having not long before taken so much Pains to bring the Defensive League about with Holland which his Majesty valued himself so much upon in Parliament to say nothing of his Majesty's many other Obligations to that Noble Family Men Brethren and Fathers Friends Countrymen and Strangers IT may be expected that I should now say some great Matters unto you but the Rigour of the Season and the Inâ—irmities of my Age encreased by a close Imprisonment of above 5 Months doth not permit me Moreover we live in an Age that maketh Truth pass for Treason I dare not say any Thing contrary unto it and the Ears of those that are about me will probably be found too tender to hear it My Tryal and Condemnation doth sufficiently evidence this West Rumsey and Keyling who were brought to prove the Plot said no more of me than that they knew me not And some others equally known unto me had used my Name and that of some others to give a little Reputation unto their Designs The Lord Howard is too infamous by his Life and the many Perjuries not to be denied or rather sworn by himself to deserve mention and being a single Witness would be of no Value though he had been of an unblemish'd Credit or had not seen and confessed that the Crimes committed by him would be pardoned only for committing more and even the Pardon promised could not be obtained till the Drudgery of Swearing was over This being laid aside the whole Matter is reduc'd to the Papers said to be found in my Closet by the King's Officers without any other Proof of their being written by me than what is taken from the Suppositions upon the Similitude of an Hand that is easily counterfeited and which hath been lately declared in the Lady Car's Case to be no lawful Evidence in Criminal Causes But if I had
been seen to write them the Matter would not be much altered They plainly appear to relate unto a large Treatise written long since in Answer to Filmer's Book which by all intelligent Men is thought to be grounded upon wicked Principles equally pernicious unto Magistrates and People If he might publish unto the World his Opinion That all Men are born under a Necessity derived from the Laws of God and Nature to submit unto an Absolute Kingly Government which could be restrained by no Law or Oath and that he that hath the Power whether he came unto it by Creation Election Inheritance Usurpation or any other Way had the Right none must oppose his Will but the Persons and Estates of his Subjects must be indispensibly subject unto it I know not why I might not have published my Opinion to the Contrary without the Breach of any Law I have yet known I might as freely as he publickly have declared my Thoughts and the Reasons upon which they were grounded and I perswaded to believe That God had left Nations unto the Liberty of setting up such Governments as best pleased themselves That Magistrates were set up for the good of Nations not Nations for the Honour or Glory of the Magistrates That the Right and Power of Magistrates in every Country was that which the Laws of that Country made it to be That those Laws were to be observed and the Oaths taken by them having the Force of a Contract between Magistrate and People could not be violated without danger of dissolving the whole Fabrick That Usurpation could give no Right and the most dangerous of all Enemies to Kings were they who raising their Power to an exorbitant Height allowed unto Usurpers all the Rights belonging unto it That such Usurpations being seldom compassed without the Slaughter of the Reigning Person or Family the worst of all Villanies was thereby rewarded with the most glorious Priviledges That if such Doctrines were received they would stir up Men to the Destruction of Princes with more Violence than all the Passions that have hitherto raged in the Hearts of the most Unruly That none could be safe if such a Reward were proposed unto any that could destroy them That few would be so gentle as to spare even the Best if by their Destruction one of a wild Usurper could become God's Anointed and by the most execrable Wickedness invest himself with that Divine Character This is the Scope of the whole Treatise the Writer gives such Reason as at present did occur unto him to prove it This seems to agree with the Doctrines of the most Reverenced Authors of all Times Nations and Religions The best and wisest Kings have ever acknowledged it The present King of France hath declared That Kings have that happy Want of Power that they can do nothing contrary unto the Laws of their Country and grounds his Quarrel with the King of Spain Anno 1667 upon that Principle King James in his Speech to the Parliament Anno 1603 doth in the highest Degree assert it The Scriptures seems to declare it If nevertheless the Writer was mistaken he might have been refuted by Law Reason and Scripture and no Man for such Matters was ever otherwise punished than by being made to see his Error and it hath not as I think been known that they had been referred to the Judgment of a Jury composed of Men utterly unable to comprehend them But there was little of this in my Case the Extravagance of my Prosecutors goes higher The above-mentioned Treatise was never finished nor could be in many Years and most probably would never have been So much as is of it was written long since never reviewed nor shewed unto any Man And not the Fiftieth Part of it was produced and not the Tenth of that afforded to be read That which was never known unto those who are said to have conspired with me was said to be intended to stir up the People in Prosecution of the Designs of those Conspirators When nothing of particular Application unto Time Place or Person could be found in it as hath ever been done by those who endeavoured to raise Insurrections all was supplied by Innuendo's Whatsoever is said of the Expulsion of Tarquin the Insurrection against Nero the Slaughter of Caligula or Domitian the Translation of the Crown of France from Merovius his Race unto Pepin and from his Descendants unto Hugh Capet and the like are applied by Innuendo unto the King They have not considered that if such Acts of State be not good there is not a King in the World that has any Title to that Crown he wears nor can have any unless he could deduce his Pedigree from the eldest Son of Noah and shew that the Succession had still continued in the Eldest of the eldest Line and been so deduced to him Every one may see what Advantage this would be to all the Kings of the World and whether that failing it were not better for them to acknowledge they had received their Crown by the Consent of willing Nations or to have no better Title unto them than Usurpation and Violence which by the same Ways may be taken from them But I was long since told that I must die or the Plot must die Lest the Means of destroying the best Protestants in England should fail the Bench must be filled with such as had been Blemishes to the Bar. None but such as these would have advised with the King's Counsel of the Means of bringing a Man to Death suffered a Jury to be packed by the King's Sollicitors and the Under-Sheriff Admit of Jury-men who are not Free-holders Receive such Evidence as is above-mentioned Refuse a Copy of an Indictment or to suffer the Stat. of 46 Ed. 3. to be read that doth expresly Enact it should in no Case be denied unto any Man upon any Occasion whatsoever over-rule the most important Points of Law without hearing And whereas the Statute of 25 Edw. 3. upon which they said I should be tryed doth reserve unto the Parliament all Constructions to be made in Points of Treason They could assume unto themselves not only a Power to make Constructions but such Constructions as neither agree with Law Reason or common Sense By these Means I am brought to this Place The Lord forgive these Practices and avert the Evils that threaten the Nation for them The Lord sanctifie these my Sufferings unto me and tho' I fall as a Sacrifice unto Idols suffer not Idollatry to be established in this Land Bless thy People and say them Defend thine own Cause and defend those that defend it Stir up such as are faint Direct those that are willing Confirm those that waver Give Wisdom and Integrity unto all Order all things so as may most redound to to thine own Glory Grant that I may die glorifying thee for all thy Mercies And that at the last thou hast permitted me to be singled out as a Witness of thy
gave a few Moments breathing to the Attack but the Courage wherewith they fell on afresh made the Besieged see it high time to think of a Capitulation which they made a Sign of by hanging out a White Standard upon the Ramparts whereupon Arms were laid down in order to regulate the Articles But this was only an Artifice of Turkish Perfidy to make a feigned shew of Rendition with a real Design to procure a greater Loss to the Besiegers by a brisk and unexpected Sally which so incensed the Venetians that they took a firmer Resolution than ever to put an end to the Siege which had already continued 49 Days wherefore having first swept the Ramparts with their Shot they bravely mounted the Walls and entred the Town where being heated as they were with the Baseness of the Enemy and the Assault they were now engaged in they made a dreadful Slaughter of all the Inhabitants without distinction either of Age or Sex They found in the Place 128 Pieces of Cannon whereof 66 were Brass besides a great Quantity of Ammunition and Provision This Work being now at last happily accomplished by the Captain-General after he had staid so long at Coron till the Fortifications were so far repaired as to make the Place desensible he resolved to do all he could to encourage the People of the Province of Maina in the Disposition they appear'd to be to cast off the Ottoman Yoak And to that Purpose sent the Mainots who came in to him upon the Taking of Corou with some other Troops to attack Zarnata one of the strongest of the 3 Fortresses built by the Turks since the Candian War to keep those People in awe And some Days after having caused the Army to embark the whole Fleet set sail from Coron and the next Day arrived at Chitie about 5â—Miles from Zarnata where they were joined by the Ships that had on Board the Saxon Troops consisting of 3000 Men and from whence the Fleet sailed towards Calamata near which Place the Forces landed again However all these Motions could not be managed with that Expedition and Secresie but that the Captain Basha having notice thereof he dispatched ashoar what Men he could out of the Turkish Gallies which he left at Napoli di Romania securing the Port with great Chains and being joined by a great Body of Horse and Foot marched towards Calamata to keep the Mainotes from revolting to the Venetians This the Captain-General had no sooner Notice of but he sent an Officer to the Garrison of Zarnata to let them know that if they did not immediately surrender the Place they must expect to be treated in the same Manner they of Coron had been Whereupon the Garrison desired that they might send to the Captain Basha to acquaint him with the Condition they were in which was granted But the Officer not returning at the time appointed they gave up the Place on the 11th of Sept. the Men marching away with Bag and Baggage yet the Aga who commanded them fearing he should be ill treated by the Captain Basha staid in the Venetian Camp towards which the Basha was now advanced at the Head of 10000 Men with a Resolution to fight the Christians which the Captain-General Morosini did not decline on his part For he marched towards the Enemy feigning at the same time to make a Descent to give them a Diversion in some other Place For which Purpose he had caused some Troops to embark and commanded the Fleet to keep along the Coast The Venetians who came up with the Enemy on the 14th were drawn up in Battalia by General Degenfield on an advantageous Ground The Turks on the other side having put themselves into a Posture to receive them their Horse fell immediately upon the Venetians Left Wing while a great Body of their Foot at the same time advanced towards their Right at the Head of which was the Prince of Brunswick but they found so brave a Resistance that they were forced to retire yet they presently after returned and charged a second time with greater Fury than before The Fight was maintained with great Courage and Resolution on both sides for a time till at last the Turks being no longer able to keep their Ground fell into Disorder and soon after dispersed and fled leaving a great Number of their Men slain behind them and the Garrison of Calamata to fire the Magazine and abandon the Place which the Venetians immediately took Possession of as they did soon after of Porto Vitulo which the Mainotes took for them Of Chielifa a strong Fortress not far from the other Place and Passavania whereby the Republick became possess'd of the whole Province of Mayna whereof the Captain-General made Seignior Lorenzo Venier Governour and so gloriously ended this Campaign And I shall end this Year with taking Notice that it was fatal to the Liberty of the Reformed Gallican Church the Edicts of Nants and Nismes being utterly revoked by another of the 22th of Oct. and those made null and finite which were looked upon irrevocable and perpetual the Consequence whereof all the World has seen and heard and therefore I shall say nothing of it in this place year 1686 We have left England last with the King 's Dissolving his Parliament now it is time to see a little how he carried himself His Brother had laid the Foundation of making a Parliament Felo de se by hectoring and making Bargains with Corporations to give up their Charters and take new ones from him wherein he reserved a Power that if they did not return such Members as pleased him he would resume the Charters he granted them and herein he made a great Progress But his Keeper and Attorney-General refused to grant Patents to such poor Corporations as could not pay their Fees at length the Keeper having kickt up his Heels last Year and Jefferies advanced to be Lord Chancellor and the Attorney turned out with another put into his Place that would with greater Charity perform the Office these Remora's to the King's Designs were removed Yet there was another Pace to be made still which was to make the Judges in Westminster-Hall to murder the Common Law as well as the King and his Brother designed to murder the Parliament by it self To this End his good Majesty before he would make any Judges would enter into a Bargain with them that they should declare the King's Power of dispensing with the Penal Laws and Tests made against Recusants out of Parliament However it was said the King stumbled at the Threshold for beginning with Sir Thomas Jones who had deserved so well in Mr. Cornish his Tryal and others he boggl'd very much at it saying plainly he could not do it to which the King answered He would have Twelve Judges of his Opinion and Sir Thomas replied He might have 12 Judges of his Opinion but would scarce find Twelve Lawyers to be so But for all this the King went on
King's Foragers which greatly perplexed him So that understanding at last that the main Body of the Tartars commanded by Sultan Nuradin was come near his Camp yet without being able precisely to learn the Place where they were he caused it to be published among the Moldavians That whoever brought him certain Intelligence of them should have the Reward of 200 Crowns Whereupon one that was well acquainted with the Country went into the Enemies Camp and having observed it returned and gave the King an Account that they lay within a Mile of his Army and that a Party of 4000 Tartars was advanced at some distance from the rest The King being thus informed of the Posture the Enemy were in detached the Court-Marshal and the Court-Treasurer about Midnight to attack those advanced Troops and followed himself with the whole Army This Detachment with the Help of the Moldavian who was their Guide came upon the Enemy before they had time to retire to their main Body and after a sharp Dispute entirely routed them taking about 300 Prisoners among whom were several Murza's and other Persons of considerable Note among the Tartars While this was doing the King also advanced and attacked the Serasquier and Sultan who not knowing of the Defeat of their advanced Troops expected they would have fallen upon the Poles in their Rear and Flank and with this Encouragement they put themselves into a Posture to oppose him However they were deceived and after a short fight were routed and forced to flee leaving a great many Slain and Prisoners behind them but not without Loss also on the Poles side there being several Officers and Persons of Quality and particularly the Palatine Podolskie among the Number of the Slain But while these Things were doing by the Polish Army abroad the Country nearer Home was cruelly ravaged by the Garrison of Caminiec who made frequent Incursions into the Polish Territories Which together with the King 's marching homeward after this last Action and demolishing the fore-mentioned Forts in his Return which he had raised as he went onwards made this Expedition to be little thought of and as little Advantage to redound to the Poles from it as they hitherto had reaped by their Alliance with the Moscovites who made a mighty Smoak this Campaign but very little Fire of whom we shall have more Occasion to talk hereafter year 1687 Now we are come to another Year and the Affairs of England fall of Course under our Consideration And as we left off with taking Notice of the King's Kindness to his Roman Catholick Subjects in a more particular Manner in the Letter he wrote to the Parliament of Scotland we are now to tell you of a more general Act of his and that was upon the 12th of February to issue out his Proclamation for a Toleration of Religion unto all Wherein by the by you are to observe that he exerted his Absolute Power which he said his Subjects ought to obey without Reserve But the Toleration he allowed his Roman Catholick Subjects in Scotland he would scarce allow to his Protestant Subjects in Ireland for Tyrconnel so did Talbot merit for reforming the Army was not only made an Earl but Lord-Lieutenant in Ireland to boot in the room of my Lord Clarendon and one Fitton an infamous Person detected for Forgery not only at Westminster but Chester too was brought out of the King 's Bench Prison in England to be Chancellor and Keeper of the King's Conscience in Ireland Sir Charles Porter being turned out to make way for him Now Talbot being thus advanced in Honour and Office began to exert his Authority and his first Proclamation towards the End of Feb. imported a Promise to defend the Laws Liberty and Established Religion but fairly left out the Preservation of the Act of Settlement and Explanation However though at first he only left them out being resolved to out the Protestants first and to let the Irish into their Forfeited Estates yet he did not stop there We told you last Year what Efforts were made to propagate the King's Power in Westminster-Hall and what Instructions the Judges had in their Circuits to dispense with the Penal Laws and Tests against Dissenters from the Church and now these Things being brought pretty well to bear upon the 25th of April out came the King's Declaration for Liberty of Conscience which was conceived in the following Terms His MAJEETY's Gracious DECLARATION to all His Loving Subjects for LIBERTY of CONSCIENCE JAMES R. IT having pleased Almighty God not only to bring Us to the Imperial Crown of these Kingdoms through the greatest Difficulties but to preserve Us by a more than ordinary Providence upon the Throne of Our Royal Ancestors there is nothing now that We so earnestly desire as to Establish our Government on such a Foundation as may make Our Subjects happy and unite them to Us by Inclination as well as Duty which We think can be done by no Means so effectually as by granting to them the free Exercise of their Religion for the Time to come and add that to the perfect Enjoyment of their Property which has never been in any Case invaded by Us since Our coming to the Crown Which being the Two Things Men value most shall ever be preserved in these Kingdoms during our Reign over them as the truest Methods of their Peace and Our Glory We cannot but heartily wish as it will easily be believed that all People of Our Dominions were Members of the Catholick Church yet We humbly thank Almighty God it is and hath of long time been Our constant Sense and Opinion which upon divers Occasions We have declared that Conscience ought not to be constrained nor People forced in Matters of meer Religion It has ever been directly contrary to Our Inclination as We think it is to the Interest of Government which it destroys by spoiling Trade depopulating Countries and discouraging Strangers and finally that it never obtained the End for which it was employed And in this We are the more Confirmed by the Reflections We have made upon the Conduct of the Four last Reigns For after all the frequent and pressing Endeavours that were used in each of them to reduce this Kingdom to an exact Conformity in Religion it is visible the Success has not answered the Design and that the Difficulty is invincible We therefore out of Our Princely Care and Affection unto all Our Loving Subjects that they may live at Ease and Quiet and for the Increase of Trade and Incouragement of Strangers have thought fit by Virtue of Our Royal Prerogative to issue forth this Our Declaration of Indulgence making no doubt of the Concurrence of Our Two Houses of Parliament when we shall think it convenient for them to meet In the first Place We do declare That We will Protect and Maintain Our Archâ—bishops Bishops and Clergy and all other Our Subjects of the Church of England in the free
Ireland qualified by the Tests to serve sent over an Army of Irish that were not qualified to encrease the English Army who by this time were grown intolerably insolent though the King by several Orders would have had their Quarters restrained to Victualling Houses Houses of Publick Entertainment and such as had Licenses to sell Wine and other Liquors The Officers too when they pleased would be exempt from the Civil Power And tho' the King had no other War upon his Hands but against the Laws and Constitutions of the Government yet he would make an obsolete Act of Parliament that made it Felony without Benefit of Clergy for any Soldier 's taking Pay in the King's Service in his Wars beyond Sea or upon the Sea or in Scotland to desert from his Officer to extend to this new-raised Army And because the worthy Recorder of London Sir John Holt would not expound that Law according to the King's Design he was put out of his Place and so was Sir Edward Herbert from being Chief Justice of the King 's Bench to make way for Sir Robert Wright to hang a poor Soldier upon the said Statute which afterwards did the Job without any further Dispute It would be an endless Thing to enumerate the disorderly Proceedings of this Year yet I doubt you will hear of no less in the next but you must stay a little and take a View of Foreign Proceedings before we shall have leisure to enter upon them And first we shall again begin with Hungary since we have nothing considerable nearer Home where the Imperial Arms to say nothing of other Advantages had prevailed wonderfully in taking of Buda the Capital of that Kingdom which so nettled the Turks that they resolved to use their utmost Efforts to retrieve their Honour this Season while the Imperialists were not idle on their part and the Scheme of the Summer's Business seemed to have been thus designed The whole Army which amounted to 62900 fighting Men besides the Troops of the Circles of Swabia and Franconia and others was to be divided into 3 Bodies the 1st being to act in Vpper Hungary under the Command of the Elector of Baâ—â—aria the 2d in Lower Hungary under that of the Duke of Lorrain and the 3d upon the Frontiers of Croatia under General Dunewald and that they might have Communication one with another there were 2 Bridges made one over the Drave near Tarnovitz and another over the Danube near Buda in the Isle of St. Marguerite and with this Disposition all the Troops rendezyoused near Barkan where the Duke of Lorrain arrived May 13 in Person from whence he sent out several Spies to discover the Number and Posture of the Enemy These reported They were stronger than the Imperial Army and were busie in repairing the Bridge of Esseck which after divers Consultations made the Duke move towards the said Place and the Croatian Army advanced also the same Way while the Elector of Bavaria with the Army under his Command seemed to threaten Erla in Vpper Hungary But other Work was cut out for them in the Lower as you 'll hear by and by For the Duke of Lorrain being advanced towards Feutar broke up June 17 from thence and continued his March towards Esseck and because the Army left Alba Regalis behind it a Body of Light-Horse were left behind to cover the Baggage and on the 18th a Bridge of Boats was laid near Tolna over which the whole Army passed by the 20th and encamped a Mile from thence and removed afterwards to Mohatz as they did their Bridge likewise that so the 2 Armies might succour each other The Duke at the same time sent an Express to the Croatian Troops to secure the Bridge that was laid over the Drave near Syclos and there erect likewise that of Boats that they carried along with them which was punctually performed From Mohatz the Duke marched on the 24th to Darda aside of the Bridge of Esseck which as soon as the Turks who were hard at work in repairing the Bridges over the Morass had Notice of they abandoned their Works and retreated towards the Bridge of Boats they had over the Drave and which they had secured with a good Fort of Earth and Wood having left some Bodies of Horse and Foot among the Moraffes to dispute the Approach of it with the Imperialists The Duke the Night following caused the Bridge and Disposition of the Enemy to be view'd and ordered the necessary Detachments to attack them by Break of Day when Word was brought him that the Enemy had taken away 2 Boats of their Bridges and that there was no appearance of them However a Detachment from the Army crossed the Morasses on the 25th and advanced towards the Enemies Bridge of Boats in good Order who when the Christians were come within an 150 Paces of them fired very furiously upon them so as that they were forced a little to retreat but being sustained with fresh Troops they charged the Turks with so much Resolution that they quitted their Post and retreated into their Fort from whence the Imperialists also drove them whom they pursued as far as the Gare of Esseck where they had like to have entred the Town Pell-mell with them The Imperialists endeavoured to preserve the Bridge but several Mills and Boats being set on float were by the Rapidity of the Stream thrown so impetuously upon it that they broke one part of it and hindred the rest from being seized on insomuch that it was now thought most advisable to set it on fire Next Day after having viewed the Ground and a Draught taken for the Building of a new Fort they began to break Ground which yet was not done without Disturbance from the Enemy but the very same Day the Christians entirely ruined the Dykes which the Turks had made upon the Morasses in the room of the Bridges that had been burnt towards the End of the last Campaign which was difficult Work And then it was resolved that a Line of Communication should be drawn from the Entrance of the Morasses as far as the Fort that so under its cover the Troops might pass that should be needful for its Defence in case the Turks were minded to attack it Things thus passed on till the 28th when the Duke of Lorain having chose out from among the Soldiers such as could Swim best he ordered them to go and fire the Boats Mills and Barges which the Turks had posted within Musket-shot of Esseck They punctually executed their Orders but the Enemy put out the Fire before it produced any Effect which with many other Considerations made the Duke call a Council of War next Day where having judged it impossible to pass the Drave at the Place where they were encamped it was resolved to break up from thence And accordingly on the 30th the Duke having left the Cavalry to guard the Pass and to ruine the Bridges of the Morass departed with the Infantry
never heard it spoken of till the time of Monmouth's Rebellion when that the King told some of the Council of which I was one that he was resolved to give Employments to Roman Catholicks it being fit that all Persons should serve who could be useful and on whom he might depend I think every Body advised him against it but with little effect as was soon seen That Party was so well pleased with what the King had done that they persuaded him to mention it in his Speech at the next Meeting of the Parliament which he did after many Debates whether it was proper or not In all which I opposed it as is known to very considerable Persons some of which were of another Opinion for I thought it would engage the King too far and it did give such Offence to the Parliament that it was thought necessary to prorogue it after which the King fell immediately to the supporting the Dispensing Power the most Chinerical thing that was ever thought of and must be so till the Government here is as Absolute is in Turkey all Power being included in that one This is the Sense I ever had of it and when I heard Lawyers defend it I never changed my Opinion or Language however it went on most of the Judges being for it and was the chief Business of the State till it was looked on as settled Then the Ecclesiastical Court was set up in which there being so many considerable Men of several kinds I could have but a small part and that after Lawyers had told the King it was Legal and nothing like the High Commission Court I can most truly say and it is well known that for a good while I defended Magdalen College pâ—rely by Care and Industry and have hundreds of times begged of the King never to grant Mandates or to change any thing in the regular Course of Ecclesiastical Affairs which he often thought reasonable and then by perpetual Importunities was prevailed upon against his own Sense which was the very Case of Magdalen College as of some others These things which I endeavoured though without Success drew upon me the Anger and Ill will of many about the King The next thing to be tried was to take off the Penal Laws and the Tests so many having promised their Concurrence towards it that His Majesty thought it feasible but he soon found it was not to be done by that Parliament which made all the Catholicks desire it might be dissolv'd which I was so much against that they complained of me to the King as a Man who ruined all his Designs by opposing the only thing could carry them on Liberty of Conscience being the Foundation on which he was to build That it was first offered at by the Lord Clifford who by it had done the work even in the late King's time if it had not been for his weakness and the weakness of his Ministers Yet I hindred the Dissolution several Weeks by telling the King that the Parliament in Being would do every thing he could desire but the taking off the Penal Laws and the Tests or the allowing his Dispensing Power and that any other Parliament thoâ— such a one could be had as was proposed would probably never repeal those Laws and if they did they would certainly never do any thing for the support of the Government whatever exigency it might be in At that time the King of Spain was sick upon which I said often to the King That if he should die it would be impossible for His Majesty to preserve the Peace of Christendom that a War must be expected and such a one as would chiefly concern England and that if the present Parliament continued he might be sure of all the Help and Service he could wish but in case he dissolv'd it he must give over all Thoughts of Foreign Affairs for no other would ever assist him but on such Terms as would ruine the Monarchy so that from Abroad or at Home he would be destroy'd if the Parliament were broken and any accident should happen of which there were many to make the Aid of his People necessary to him This and much more I said to him several times privately and in the hearing of others But being over-power'd the Parliament was broke the Closetting went on and a new one was to be chosen who was to get by Closetting I need not say but it was certainly not I nor any of my Friends many of them suffered who I would fain have saved and yet I must confess with grief that when the King was resolv'd and there was no remedy I did not quit as I ought to have done but served on in order to the calling another Parliament In the midst of all the preparations for it and whilst the Corporations were regulating the King thought fit to order his Declarations to be read in all Churches of which I most solemnly protest I never heard one word till the King directed it in Council That drew on the Petition of my Lord the Archbishop of Canterbury and the other Lords the Bishops and their Prosecution which I was so openly against that by arguing continually to shew the Injustice and the Imprudence of it I brought the Fury of the Roman Catholicks upon me to such a degree and so unanimously that I was just sinking and I wish I had then sunk But whatever I did foolishly to preserve myself I continued still to be the Object of their hatred and I resolv'd to serve the Publick as well as I could which I am sure most of the considerable Protestants then at Court can testifie and so can one very eminent man of the Country whom I would have perswaded to come into business which he might have done to have helped me to resist the violence of those in Power But he despaired of being able to do any good and therefore would not engage Sometime after came the first News of the Prince's designs which were not then look'd on as they have proved no body foreseeing the Miracles he has done by his wonderful Prudence Conduct and Courage for the greatest thing which has been undertaken these thousand years or perhaps ever could not be effected without Vertues hardly to be imagined till seen nearer hand Upon the first thought of his coming I laid hold of the opportunity to press the King to do several things which I would have had done sooner the chief of which were to restore Magdalen College and all other Ecclesiastical Preferments which had been diverted from what they were intended for to take off my Lord Bishop of London's Suspension to put the Counties into the same hands they were in some time before to annul the Ecclesiastical Court and to restore entirely all the Corporations of England These things were done effectually by the help of some about the King and it was then thought I had destroyed my self by enraging again the whole Roman Catholick Party to such
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
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
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
particularly expressed So that his Most Christian Majesty shall not in time to come be Troubled or Molested by any means whatsoever in Right or in Deed by the said Catholick King or his Successors or any the Princes of his Family or by any other or for any Cause or Pretence with Relation to the said Sovereignty Propriety and Jurisdiction Appeal Possession and Enjoyment of all the said Countries Towns and Places Castles Lands and Lordships Provostships Demesnes Castellanies and Bailiffwicks of the said Places and of all Things whatsoever thereunto belonging And to this end the said Catholick King for himself his Heirs Successors and Assignes doth renounce quit-claim yield up and transfer as his said Plenipotentiaries in his Name by this present irrevocable Treaty of Peace have renounced given up and for ever transferr'd in favour of the Most Christian King his Heirs Successors and Assignes all the Rights Actions Pretensions Rights of Royalty Patronage Guardianship Jurisdiction Nomination Prerogatives and Preheminences over Bishopricks Cathedral Churches and all other Benefices within the compass of the said Places Countries and Baliffwicks yielded up of what Abbies soever the said Priories held Lands and had dependance upon and in general without any reservation or with-holding all other Rights that the said Catholick King his Heirs and Successors have and challenge or may have and challenge for any cause or upon any occasion whatsoever over the said Countries Places Castles Forts Lands Lordships Demesnes Castellanies and Bayliffwicks and over all Places thereunto belonging as aforesaid any Laws Customs or Constitutions to the contrary notwithstanding tho' confirmed by Oath From all which and all derogating Clauses of Derogatories it is expresly derogated by this present Treaty in order to the said Renunciations and Sessions which shall be valid and take place without any derogation from a general Clause by a particular Specification or from a particular by a general one and for ever excluding all Exceptions on what Rights Titles Cause or Pretence soever grounded And the said Catholick King declareth consenteth willeth and intendeth That the Men Vassals and Subjects of the said Countries Towns and Lands yielded to the Crown of France as aforesaid shall be and remain discharged and absolved henceforward and for ever from the Faith Hommage Service and Oath of Allegiance that all and every of them may have taken or made to himself or to the Catholick King 's Predecessors together with all Obedience Subjection and Vassalage that are owing to him by reason thereof it being the Intention of the said Catholick King that the said Faith Hommages and Oaths of Allegiance shall bâ— void and of no force as if they never had been taken or made XIII And whereas his Most Christian Majesty hath declared by the Conditions of Peace which he offered that he was willing to restore the Town of Charlemont or in lieu thereof that of Dinant at his Catholick Majesty's Choice upon Condition that his said Catholick Majesty would charge himself to obtain from the Bishop of Liege the Cession of Dinant and that the Emperor and Empire should consent thereunto his Catholick Majesty has chosen to retain the Town of Charlemont as heretofore and consequently doth oblige himself and promise to obtain from the Lord Bishop and Chapter of Liege an Authentick Cession of the said Town of Dinant and the Emperor and Empire's assent within a Year to be computed from the Day of the Date of the Ratification of the Treaty of Peace which shall be betwixt the Emperor and the Most Christian King And in case his said Catholick Majesty shall not be able to obtain the said Cessions of the Bishop and Chapter of Liege and Emperor and Empire's assent he obligeth himself and promiseth after the Expiration of the said Term to cause the said Town of Charlemont to be put into his Most Christian Majesty's Power for him to enjoy the same in like manner as he shall enjoy all other Places and Countries yielded to the said Most Christian King by the 11th and 12th Articles of this present Treaty XIV And for the Preventing all such Difficulties as the Borders caused in the Execution of the Treaties of Aix la Chapelle and the Re-establishing for ever a good Intelligence between the Two Crowns it is agreed That the Lands Boroughs and Villages reduced within the Provostships that are yielded or that belong to his Most Christian Majesty before this present Treaty or are on the other side of the Sambre shall be exchanged for others nearer to the Places for his Catholick Majesty's Convenience And likewise that the Villages of the Verge of Menin situated too near Courtray shall be changed for others nearer for his Most Christian Majesty's Convenience And likewise that such Villages of the Provostship of Mons as are so far up in the Country quitted to his Most Christian Majesty in Hanault that intercept Communication shall be exchanged for others belonging to the Countries quitted to his Most Christian Majesty that are nearer for the Convenience of his Catholick Majesty and generally that all Lands inclosed within Countries yielded or restored to either of the said Kings shall be exchanged for others of equal value provided that such Exchanges can be agreed upon XV. Commissioners shall be deputed on both sides 2 Months after the Publication of the present Treaty who shall assemble where it shall be respectively agreed as well to proceed to make the said Exchanges as to settle the Bounds between such Estates and Lordships as must remain to each of the said Kings in the Low-Countries by Virtue of this present Treaty as also to clear the real Debts lawfully secured by the Lands and Lordships yielded or restored to either of the Two Crowns and to settle how much each shall pay for the future and in general to make an amicable End of all Differences that may arise in the Execution of the present Treaty XVI If any such Difficulties should arise in the Exchanges aforesaid as may hinder their taking Effect no Custom-Houses shall be appointed on either side to perplex one another and to render the Communication more difficult betwixt Places under the same Dominion and such as shall be settled shall exact no Duties but of such Merchandizes as shall be conveyed from one Dominion to another to be consum'd there or to be carried to Places remote XVII The said King's giving back and restoring respectively the Places afore-mentioned may cause to be taken and carried away all manner of Artillery Powder Bullets Arms Provision and other Warlike Ammunitions that shall be found in the said Places at the time of their Restitution and such as they shall appoint for that Purpose may for 2 Months make use of the Waggons and Boats of the Country and shall have a free Passage by Water and Land to carry away the said Ammunitions And the Governours and Commanders Officers and Magistrates of the several Places and Countries shall give them all the Facilities they can
he would never Sign the Peace whilst the Affairs of France were in such a Condition as to have it Concluded to the Advantage of that Crown yet it is so far from being any Dishonour to that brave Man that it is the greatest Eulogium that could be given him since he has discovered there in the Affection he had for the publick Tranquility of Europe as well as for the Honour and Safety of his own Native Country I shall not recite the last mentioned Treaty at large but content my self to give an Abstract of it only which follows I. THAT there shall be a firm and lasting Peace between the Empire and France and an Oblivion of all injuries II. That the Peace of Munster be the Basis and Foundation of the present Treaty III. That France renounce all Pretensions to Phillipsburg and the Emperor on his Part was to do the like by Friburg and its Dependances IV. That France was to have a free and easie Passage at all times from Brisac to Friburg and the Provisions for the last Place go unmolested and untaxed V. Commissioners in a Year after the Treaty were to determine what Dobts Friburg was to pay VI. The French King was to restore to the Emperor the Writings found in Friburg at the Time of taking of it but as for such as concerned the Town c. the fore-mentioned Commissioners were to agree upon a Place where to keep them VII That all who were minded to depart from Friburg within a Year after the Ratification of the Treaty might freely do it and either retain or dispose of their Goods at Pleasure VIII Agreed however that Friburg and its Dependences shall be restored to the Emperor for a satisfactory Equivalent IX The Duke of Lorrain to be restored to the Possession of his Dominions in the same State as in 1670 when taken by France X. That Nancy c. be for ever incorporated with France and the Duke to renounce all Right to it XI That for the Conveniency of the French Troops there be 4 Roads of half a League broad marked out by Commissioners for the March of them to their Garrisons in Alsatia Burgundy c. XII That all Villages Lands c. lying within the said Ways do remain to France and no further XIII That the City and Provostship of Longuicer remain forever to France and that the Duke his Heirs c. do lay no Claim thereunto XIV In Compensation for Nancy France was to give up the City of Thoul c. to the Duke with the same Sovereignty over it as France had with a Promise in the next Article of further Satisfaction to the Duke in case that were not a sufficient equivalent XV. The French King did renounce the Right of Presentation of a Bishop of Thoul into the Hands of the Pope to whom the Duke was to apply himself for obtaining it XVI All benefited Persons put in by the King to continue in quiet Possession of their Livings XVII All Proceedings at Law Decrees c. finish'd in the Time of the French King's Possession of Lorrain and Bar to take place XVIII The Charters Deeds c. in the Exchequer of Nancy and Bar to be forthwith restored to the Duke XIX That Prince Egon of Furstemburg his Brother Prince William and Nephew Prince Antony their Officers c. should be restored to their former State Dignities c. and Prince William forthwith upon the Ratification of the Treaty to be set at Liberty XX. All Vassals Subjects c. of either Party to be restored to their Honours Benefices Goods c. as before the War with all Rights fallen to them during it and no notice taken what Party whether of this or that Prince they have taken XXI The Duke of Holstein Gottorp to be comprehended in the present Treaty That each Party shall imploy all their Offices towards terminating the War between Sweden Denmark Brandenburg c. and the French to keep Garrison in Chastelet Hiâ—y Aix la Chapelle c. till the same be accomplished XXII That the Evacuation of Places be within a Month after the Ratification of the Treaty XXIII That the Duke of Bouillon continue in Possession of the Dutchy and Castle of that â—ame and all Differences concerning them to be composed within 3 Months after the Ratification XXIV All Acts of Hostilities to cease within 14 Days after Signing of the Treaty XXV Contributions to be levied till the Ratification and the Arrears paid tho' not forcibly demanded within 4 Months after XXVI What had been stipulated concerning Montferat and the Duke of Savoy in the Treaty of Munster should be more particularly valid here The rest being meer Matter of Form I proceed to shew that the Danish and Brandenburg Embassadors were no sooner informed that all Things were agreed on between the Emperor and France but the very next Day which was the 3d of Feb. that they might not upon any account be wanting to themselves and to omit nothing that might have any semblance if not advantage yet of resentment made their Protestations against it and complained that the Emperor's Embassadors had consented to Matters which so nearly concerned the Princes their Masters that they had not only neglected all their Interests but also that they had given their Enemies Liberty to pursue the War even into the Heart of their own Country That they had Treated about the Rights of all the States of the Empire so far as to abolish some Decrees concerning them without the Knowledge of the Princes who were most interested therein And in a Word they Solemnly insisted against that Separate Peace which ought to be reckoned null and no way prejudicial to their Leagues nor to the Decrees of the Empire And that no Formalities might be omitted which they judged necessary for maintaining the Pretensions of their Masters they did also on the 4th make a Conditional Protestation against the Peace made by the Emperor and France They said That they could the less be perswaded that the Imperial Embassadors could do such a Wrong to the Princes their Masters for that Sweden had been Treated during the War as a State and Member of the Empire guilty of breaking the Publick Peace and in that Notion cited and condemned by the Empire in the usual Form So that in what manner soever the Emperor might reconcile himself to that Crown they had Reason to Protest against the Validity of that Peace and at the same Time for all the Damages their Masters might suffer thereby The same Thing was done by the Ministers and Plenipotentiaries of the Princes of Brunswick-Lunemburg against those two Treaties in the same Terms not knowing perhaps that the Princes their Masters were concluding their particular Peace at Home with France and Sweden whilst they complained so loudly at Nimeguen against that of the Emperor However that of the Emperor and France was Signed the next Day as before noted as was the Peace between the Emperor and
the Treasury John Earl of Bath Groom of the Stool Thomas Lord Viscount Falconberg George Lord Viscount Hallifax Henry Lord Bishop of London John Lord Roberts Denzil Lord Hollis William Lord Russel William Lord Cavendish Henry Coventry Esq one of his Majesty's Principal Secretaries of State Sir Francis North Knight Lord Chief Justice of the Common-Pleas Sir Henry Capel Knight of the Bath First Commissioner of the Admiralty Sir John Ernle Knight Chancellor of the Exchequer Sir Thomas Chichely Knight Master of the Ordinance Sir William Temple Baronet Edward Seymour Esq Henry Pawle Esq But notwithstanding this Appearance of so mighty a Change in the King and the Profession of his Readiness to give way to any Law that might secure the Protestant Religion so as the Succession were not altered yet the same Temper and same sort of People still remained at Court and they were a very chargeable Crew wherefore Money was craved at that time tho' under pretence of providing a Fleet for our common Security now as Mr. Coke says in time of such a Peace as the French King had granted Christendom after King Charles had taken his Money to join in it and after he had taken the Parliament's Money to enter into an actual War against France and after the Parliament had twice given Money for Disbanding the said Army But this the Parliament however did not appear very forward to give being mightily troubled with the Prophet at the Bleating of that sort of Cattle but more that they could not have the same Answer concerning them from the King as Saul made That he reserved them for a Sacrifice and intended to deliver them up to please his People The Effects of this Procedure was at first a Prorogation of both Houses on the 27th of May to the 14th of Aug. and the Dissolving of them upon the 12th of July and so much the sooner without doubt because they had begun this Sessions to nibble at a Bill for Excluding the Duke of York from inheriting the Imperial Crown of England So that this Parliament proved to be as short-lived as the other had been durable and lasting but another was called to meet the 17th of Oct. While England was in this â—ottering and uncertain Condition Scotland was not a whit the better settled the Feuds between the Episcopal and Presbyterian Party increasing daily which at last on the 3d of May this Year brake out into a very barbarous Act by the Murdering of Dr. Sharp Archbishop of St. Andrews by a Party of Covenanters who besides the severity he used towards them since his exaltation to that Dignity made himself the more obnoxious to their Rage because that having once been a great Zealot for Presbyterian-Church-Government they esteemed him now for no other than a Perjured Apostate Prelate a Villain Persecutor of the Godly and a betrayer of Jesus Christ and his Church This was only a general Accusation but some of that Nation have farther confidently affirm'd That the King having sent down a Pardon to some Offenders and the same falling into Sharp's Hands he villanously concealed it till Execution was done upon them And that the Friends of the deceas'd having not been able to procure Satisfaction from him according to the ordinary Course of Law he by his Interest and Authority being now about it were necessitated to have Recourse to this extraordinary Method But tho' things did begin here they did not end so this Fact proving a Prelude to what followed for upon the 29th of the same Month a Party of about 80 of these Covenanters met at a place called Rugland well Mounted and Armed and when they had first Proclaimed the Covenant they burnt the following Acts viz. The Act concerning the King's Supremacy the Recessory Act whereby all the Laws made during the King's Exile were Repealed the Act for Establishing Episcopacy and the Act appointing the Anniversary of the 29 th of May. On Sunday June the 1st they rendevouz'd about 1500 Men upon Snouden-Hill their Foot being commanded by one Wyer and their Horse by Robert Hambleton one Parron with the Assistance of Balfour and Hackstock which two last were of the Number of those that had Assassinated the Archbishop From hence they proceeded and took the City of Glascow where they published Two Proclamations which were to this Effect WE the Officers of the Covenanted Army do Require and Command you the Inhabitants of the Burgh of Glascow to furnish us with 24 Carts and 60 Horses for removing our Provisions from this Place to our Camp where-ever we shall set down the Same and to abide with us for that End during our Pleasure under Pain of being reputed our Enemies and proceeded against accordingly The other was WE the Officers of the Covenanted Army do Require and Command the Magistrates of Glascow to extend and banish forth thereof all Archbishops Bishops and Curates their Wives Bearns Servants and Families and Persons concerned in the King's Army within 48 Hours after Publishing hereof under highest Pains And they published a long Declaration of their taking up Arms for a free General Assembly and a free Unlimited Parliament to redress the manifold Grievances therein enumerated and humbly requested his Majesty to restore all Things as he found them when God brought him Home to his Crown and Kingdoms In the mean time the Council at Edenburg were not idle but raised an Army and quartered it at a Place called Black-burn to prevent the Covenanters approach to Edenburg and gave the King an Account of all that passed expecting his Majesty's further Orders thereupon Whereupon the King dispatch'd away the Duke of Monmouth into Scotland who with wonderful Celerity having joyned the Army did on the 22th of June approach towards that of the Covenanters who lay in the little Park at Hamilton and thereabouts having chosen very advantageous Ground there being no Passage to it but over a Stone-Bridge called Bothwel-Bridge which they had barricadced and well-lined with Musketeers They had no notice of the Duke's March which was in very good Order and in great Silence but their Guards having at length discovered the lighted Matches they took the Alarm and thereupon put themselves in a fighting Posture Major Oglethorp with the Dragoons had Orders to post himself near the Bridge while the Duke drew up the Army upon the Hill that fronted Hamilton-Park the River being between him and the Enemy about a Mile from the Bridge The Covenanters were drawn up in Two distinct Bodies about a Mile asunder the smallest whereof lay near the Bridge and the other hard by their Camp Being in this Posture on each side the Duke was no sooner come to Oglethorp's Post but there came over to him one David Hume from the Covenanters and presented him with their Declaration together with a Petition signed by Robert Hamilton in the Name of the Covenanted Army then in Arms wherein they prayed that the Terms of their Declaration might be
against it basely or inhumanely but what would well consist with the Christian Religion and the Laws and Liberties of this Kingdom And I thank God I have examined all my Actions in that matter with so great Care that I can appeal to God Almighty who knows my Heart that I went on sincerely without being moved either by Passion By-Ends or ill Design I have always loved my Countrey much more than my Life and never had any Design of changing the Government which I value and look upon as one of the best Governments in the World and would always have been ready to venture my Life for the preserving it and would suffer any Extremity rather than have consented to any Design of taking away the King's Life Neither had any Man the Impudence to propose so base and barbarous a thing to me And I look upon it as a very unhappy and uneasie part of my present Condition that there should be so much as Mention made of so vile a Fact though nothing in the least was said to prove any such Matter but the contrary by my Lord Howard Neither does any Body I am confident believe the least of it So that I need not I think say more For the King I do sincerely pray for him and wish well to him and to the Nation that they may be happy in one another that he may be indeed the Defender of the Faith that the Protestant Religion and the Peace and Safety of the Kingdom may be preserv'd and flourish under his Government and that himself in his Person may be happy both here and hereafter As for the Share I had in the Prosecution of the Popish Plot I take God to Witness that I proceeded in it in the Sincerity of my Heart being then really convinced as I am still that there was a Conspiracy against the King the Nation and the Protestant Religion And I likewise profess that I never knew any thing directly or indirectly of any Practice with the Witnesses which I look upon as so horrid a thing that I never could have endured it For I thank God Falshood and Cruelty were never in my Nature but always the farthest from it imaginable I did believe and do still that Popery is breaking in upon the Nation and that those that advance it will stop at nothing to carry on their Design I am heartily sorry that so many Protestants give their helping hand to it But I hope God will preserve the Protestant Religion and this Nation though I am afraid it will fall under very great Trials and very sharp Sufferings And indeed the Impiety and Profaneness that abounds and appears so scandalously bare-faced every where gives too just an Occasion to fear the worst thing that can befal a People I pray God prevent it and give those who have shewed a Concern for the publick Good and have appeared hearty for the true Interest of the Nation and the Protestant Religion Grace to live so that they may not cast a Reproach on that which they endeavour to advance which God knows has often given me sad Thoughts And I hope such of my Friends as may think they are touched by this will not take what I say in ill Part but will endeavour to amend their ways and live suitable to the Rules of the true Reformed Religion which is the only thing can administer true Comfort at the latter end and relieve a Man when he comes to die As for my present Condition I bless God I have no reâ—pining in my Heart at it I know for my Sins I have deserved much worse at the Hands of God so that I chearfully submit to so small a Punishment as the being taken off a few Years sooner and the being made a Spectacle to the Worlâ— I do freely forgive all the World particularly those concerned in taking away my Life and I desire and conjure all my Friends to think of no Revenge but to submit to the Holy Will of God into whose Hands I resign my self entirely But to look back a little I cannot but give some touch about the Bill of Exclusion and shew the Reasons of my appearing in that Business which in short is this That I thought the Nation in such Danger of Popery and that the Expectation of a Popish Successor as I have said in Parliament put the King's Life likewise in much Danger that I saw no way so effectual to secure both as such a Bill As to the Limitations that were proposed if they were sincerely offered and had passed into a Law the Duke then should have been excluded from the Power of a King and the Government quite altered and a little more than the Name of a King left So I could not see either Sin or Fault in the one when all People were willing to admit of the other But thought it better to have a King with his Prerogative and the Nation easie and safe under him than a King without it which bred perpetual Jealousies and a continual Struggle All this I say only to Justifie my Sâ—ir and not to enâ—lame others Though I cannot but think my earnestness in that matter has had no small Influence in my present Sufferings But I have now done with this World and am going to a Kingdom which cannot be moved And as to the conspiring to seize the Guards which is the Crime for which I am Condemned and which is made a Constructive Treason for taking away the King's Life to bring it within the Statute of Edw. 3. I shall give this true and clear Account I never was at Mr. Shepheard's with that Company but once and there was no undertaking then of securing or seizing the Guards nor none appointed to view or examine them Some Discourse there was of the feasibleness of in and several times by Accident in general Discourse elsewhere I have heard it mentioned as a thing might easily be done but never consented to as a thing fit to be done And I remember particularly at my Lord Shaftsbury's there being some general Discourse of this kind I immediately flow out and exclaimed against it and asked if the thing succeeded what must be done next but mastering the Guards and killing them in cold Blood which I looked upon as a detestable thing and so like a Popish Practice that I could not but abhor it And at the same time the Duke of Monmouth took me by the Hand and told me very kindly My Lord I see you and I are of a Temper did you ever hear so horrid a thing And I must needs do him Justice to declare that I ever observed in him an Abhorrence of all base things As to my going to Mr. Shepheard's I went with an Intention to taste Sherry For he had promised to reserve for me the next very good Piece he met with when I went out of Town And if he recollects himself he may remember I asked him about it and he went and fetch'd a Bottle but
Truth and even by the Confession of my Opposers for that OLD CAVSE in which I was from my Youth engaged and for which thou hast often and wonderfully declared thy self Yet notwithstanding all these Points gained there was something to be done before it could be be said That the King was a Despotical â—rince and would make his Will his Law For tho' the City of London was now absolutely dependant upon his Majesty in respect of the Magistracy thereof and that the naming of the other Sheriffs of all the Countles and Shires of the Kingdom belonged unto him yet there were many other Cities in England who still chose their own Sheriffs but something must have been done with these before the Constitution of the Parliament could be subverted which seemed to be the only White in the Butt they had been aiming at all this while For you are to note that the House of Commons consists of 513 Members whereof but 92 only are Knights of the Shires so that near 5 Parts in 6 are Burgesses Citizens and Barons of the Cinque-Ports and the generality of the Corporations which send these Members are poor decay'd Places and so not in a Condition as the City of London was to contest their Charters or if they should there were but little hopes to keep them now London had not been able to hold hers Yet it was considered also that it would cost the Court-Agents a great deal of time to bring Quo Warranto's against above 200 Corporations wherefore all Hands were set on work to induce these poor Inhabitants to surrender up their Rights and mighty Rewards proposed unto those who should shew themselves forward and instrumental therein But because Moneys were scarce there were Bargains made wiâ—h Multitudes of them to have Grants of Fairs for the Surrender of their Charters and those who refused must have Quo Warranto's brought against them However before these things were fully put in Execution it was thought necessary to augment the standing Forces in England who were already too many in time of Peace For some Umbrages were taken that Disturbances might arise before they could be brought to Perfection For tho' the Duke had secur'd Scotland and had 20000 Foot and 2000 Horse and a Years Pay to be assisting upon all Occasions and that greater Liberty than ever was given to the Irish yet all this was not thought enough and therefore Tangier part of Queen Catherine's hopeful Portion which cost the King her Husband above 100000 l. a Year the keeping for 20 Years together must now at last the Mould was near finished be utterly demolished and the Garrison brought over which had been a Nursery of Popish Officers and Soldiers and quartered in the most considerable parts of the Kingdom And in this pittiful State we shall leave England and see what mighty Changes have been made in the Face of Things in other Parts of Europe and more particularly in the Kingdom of Hungary where brake out the cruellest War between the Emperor and the Turks and that has been intermixt with such Variety of Actions and Fortune in the long Course of it as I think no Age nor History can parallel the exact Particulars whereof we shall endeavour to give as they shall fall out in due Series of Time and their proper Order But before we enter immediately upon that mighty Affair it will be necessary to premise somewhat in this place how things stood on this side the Empire towards France and in the Netherlands We have said something before concerning the Re-unions pretended to be made by France after the Treaty of Nimeguen But yet to be a little more particular It was not long after the Conclusion of the said Peace that that Crown possessed her self of Homhurg and Bisstel the only two Places remaining to the Duke of Lorain of all his Dutchy However tho' the Duke who had â—ut little Power of his own was forced tamely to submit to it yet it could not be thought that others would be so willing to do it And therefore First Monsieur Ravaux who had searched all the Monuments of the Parliaments of Metz and the Cities thereabouts endeavoured from thence to prove That in time of old all Alsatia Lorain the Counties of Chiney Arlon Vierton St. Armand all the Country of Luxemburg except the City of that Name divers Villages and Seigniories in Germany Flanders Brabant Hegenow and the Country of Liege did really and of just Right belong to the King of France as Dependences upon the three Bishopricks of Metz Toul and Verdun or upon other Places that had been yielded to them by the Treaty of Nimeguen In pursâ—ance hereof they erected in France 2 Tribunals of Justice or Sovereign Courts one at Metz and the other at Brisac by the Name of The Chambers of Re-unions where the Inhabitants and Lords of all the fore-mentioned Places were gravely cited to appear before the Commissioners Judges and Parties to see themselves condemned to make their Submission to the French King and to receive his Orders thereupon and in case of Refusal to be condemned for Default and Contumacy It was under such Pretensions that Strasburg was seized on by that Crown and by the same pretended Reasons Luxemburg had been blocked up in a manner ever since the Peace and that as it were by way of Reprisal because the Spaniards would not yield up to them several Places in Flanders which they laid claim to Which way of Procedure did at length alarm all the Potentates upon the Continent so that the Emperor Swedeland the States of Holland Franconia and several other Free and Imperial Cities entred into a mutual League of Defence which was called The League of Ausburg and to the Glory of the then Prince of Orange it must be said and is what his Enemies have own'd he was the greatest Instrument to bring it about of any in Europe Good God! What shall we think of England all this while But I have told you already our King had other Fish to fry and 't is very remarkable that he was by this time fallen into such an abject State in the Opinion of all the Neighbouring Princes and States that it does not appear they ever sought as much as his Concurrence in or Approbation of this League though otherwise generally speaking England was the only Kingdom that was wont to keep the Scales even between the contending Parties for many Ages together However whether it were out of the Apprehensions of the impending Storm upon Christendom from the Mahometan Quarters or out of a meer Act of Generosity this is certain that as soon as the French King came to know that the Turk was bending all his Forces against the Empire and to that End had ordered his Army to march towards Belgrade not only with a Design to possess himself of all Hungary but even to invade the Neighbouring Provinces he withdrew his Forces from before Luxemburg though almost ready
the Town This gave the Christians an Opportunity not only to advance but to possess themselves of an Hill near the Place And this was succeeded with a Summons from the General to surrender But the Governour Saban Basha who was gone to put himself at the Head of a Body of Turks to observe the Motion of the Christians as not believing they durst undertake the Siege of Prevesa The Officer that commanded in his Absence would not receive the General 's Letter but rudely fired upon the Person that carried it Thereupon they landed 4. Pieces of Cannon and as many Mortars on the 22d and next Day shot above 300 Bombs into the Town which burnt several Houses and before Night dismounted all the Enemies Cannon but one and had all this while but one Man killed and few wounded On the 24th they made a Lodgment in the Ditch and began to Mine under the Great Tower of the Place towards the Terra Firma but they were somewhat disturbed by a Sally of the Turks who yet had no great Success So that the Besiegers the 3 following Days advanced their Works notwithstanding the Enemy plyed them very warmly with their small Shot so far that the Mine being ready by the 28th and a considerable Breach made by the Cannon Orders were given for a general Assault But next Morning the Turks prevented them by hanging out a White Flag and sending 5 Deputies to capitulate who required the same Conditions as had been granted to Sancta Maura But the General would allow them no other save that 30 of the most considerable of the Garrison should march out with their Arms and Baggage and the rest without Arms taking only along with them what they could carry which the Turks were forced to submit to And so they marched out of the Place on the 30th of Sept. leaving 44 Pieces of Cannon 14 whereof were large and would shoot a 50 Pound Ball with a considerable Quantity of Ammunition and Provisions to the Conquering Venetians who after this went to Winter at Corâ—u But their Troops in Dalmatia did not yet do so they and the Morlaques under the Dominion of the Republick had all along the War been very successful not only in several Rencounters with the Turks but in divers Incursions into their Country from whence they always returned with good Booty besides possessing themselves of some Places in those Parts But my Design will not admit me to descend to such Minute Particulars and therefore I shall only observe that before the Expiration of this Year they took in the Isle of Narenta and the Castle of Narini And were thereupon joined by a great many of the Neighbouring Greeks But the advanced Season confined them now to their Winter Quarters as I am also confined to close up the History of this Year without superadding any remarkable Adventure as I have hitherto been â—ted to do There is nothing occurs year 1685 worthy of Consideration this Year before the Death of Charles II. King of England who was seized as they gave out of a violent Fit of an Apoplexy on Monday the 2d of Feb. and on the 7th departed this Life in the 37th Year of his Reign computing it from his Father's Death after he had lived 54 Years 8 Months and 8 Days His Character I will not attempt it has been done so well already by a Learned Pen But for his Religion if we believe his Brother that succeeded him he was however otherwise he appeared outwardly in his Life Heart and Soul a true Roman Catholick not only by his Dying in the Communion of the Church of Rome and other Ceremonies of that Church But the Papers taken out of his Strong Box and which his Brother took Care to Publish to the World plainly proved him to be so in his Judgment However be this as it will he had little Regard to any Thing that favoured of Sincere Religion for he would occasionally in his ordinary Conversation ridicule most Opinions and that Religion most of all wherein it was said he died I know not whether it be to his Praise to say He was a Prince the most fit to Govern of any other and applied himself the least to it which was great pitty since he had such an Insight into Men and Things that no Monarch of his Age could pretend to compare with him besides a mild Disposition which made him at his Death be so universally lamented by all sorts of his Protestant Subjects but more by those that dissented from the Publick Church out of the Fear they had of the Religion and Temper of his Successor than any real Kindness for his Government which of latter Years especially had not been very mild towards them But for my part I think a witty Quaker made a truer Judgment of that Conjuncture than any other for appearing very merry and jovial when all about him discovered all the Marks of Sorrow imaginable for the King's Death and being asked the Reason of it he replied He had no Occasion to grieve but the Contrary for that having two to deal withal before 〈◊〉 God be thanked there was but one And now James Duke of York ascends the English 〈◊〉 and having the same Day of his Brother's Death assembled the Council he declared to them That since it had pleased God to place him in that Station to succeed so good and gracious a King as well as so kind a Brother he thought 〈◊〉 to Declare his Endeavours to follow his Brother's Example more especially in that of his great Clemency and Tenderness to his People and make it his Business to preserve the Government both in Church and State as by Law established Commended the Church of England's Principles and Members and said He knew the Laws of England were sufficient to make the King as great a Monarch as he could wish and therefore as he would never depart from the just Rights and Prerogatives of the Crown so he would never invade any Man's Property It was well enough spoke of him and as well acted that he did not dissemble his Religion which was Popish and for which some in his Brother's Reign were severely used for but saying he was so for the very next Sunday after his Brother's Death he went publickly to Mass But his taking the Customs and Excise granted only for the Life of his Brother before they were given him by Parliament did ill Correspond with that part of his Speech that he would never invade any Man's Property and as little did the severe and barbarous Usage of Dr. Oates whom they endeavoured to prove Guilty of Perjury tho' the Contrary has since manifestly appeared by Ben. Hinton's Books agree with his saying He would imitate his Brother in his Clemency and Tenderness to his People But to leave these Things pass His Majesty being solemnly Crowned the 23d of April at Westminster he appointed a Parliament to meet the 22d of May to whom after having
repeated much the same Things as he had told the Council before he proceeded to tell them That after having given them such Assurances he could not doubt but of a suitable return on their part and particularly in what related to the settling of his Revenues as he called it as it was in his Brother's time That he might use many Arguments to them for enforcing his Demand from the benefit of Trade supply of the Navy the necessity of the Crown and the well-being of the Government it self which he was not to suffer to be precarious That he foresaw there was one popular Argument which might be used against what he asked from the inclination Men had for frequent Parliaments which some might think would be best secured by feeding him from time to time by such proportions as they should think convenient But that Argument it being the first time he spake to them from the Throne he would answer once for all that that would be a very improper Method to take with him that the best way to ingage him to meet them often was to use him always well and therefore he expected a speedy Compliance with his Demands now that he might meet them again to all their Satisfactions But tho this was a very odd way of caressing a Parliament yet they being in a manner fashioned before to his hand they were so far from taking notice of it and what was more of the most grievous and dangerous State of the whole Nation as it was left by King Charles that instead of representing the same to the now King or redressing any Grievance they immediately gave him a Revenue to enable him to ruin the Church and State upon the Foundation his Brother had laid for him for besides their settling the Customs and Temporary Excise upon him as they were before upon his Brother They laid a new Imposition upon Wines and Vinegars made an Act to lay more Custom upon Sugars and Tobacco another laying an Imposition upon all French Linnens and all East-India Linnen and several other Indian Manufactures also upon French Wrought Silks and Stuffs and all Brandies And that there might be a nearer Conjunction between His Majesty and France tho the Nation thought them always before too great the Act for prohibiting the Importation of French Wine Vinegar Brandy Linnens and Cloth Silks Malt Paper or any Manufacture made or mix'd with Silk Thread Wool Hair Gold or Silver or Leather being of the Growth or Manufacture of France was now fully repealed There was also five Shillings per Tun granted upon every Voyage which any foreign Ship should make from Port to Port in England and Twelve-pence per Tun for every Voyage which a Foreign built Ship not free should make so that in short this Revenue with the Hereditary Excise and other Revenues of the Crown have been computed to amount to 2400000 l. per Annum to which if you add 15000 per Annum which the King had when he was Duke of York the whole will amount to 2550000 per An. which was 3 times more than any King of England except Henry VIII had before the King's Brother But before this Sessions was over they heard of something not only from the North but also from the West that did not a little terrifie the greatest part of them The King in the Close of the fore-mentioned Speech the very Day of the Opening of the Parliament told them That he had News that Morning from Scotland that the Earl of Argyle was Landed in the West Highlands with the Men that he had brought along with him from Holland and that there were Two Declarations Published one in the Name of all those in Arms there and the other in his own He said in general of both that he was charged in them of Usurpation and Tyranny but gave no Particulars of the Former the Court contenting themselves to put it by piece-meals into the Gazzette with what Animadversions they pleased but the last of them he presently communicated unto them and was in Substance this that follows A DECLARATION of Archibald Earl of Argyle Lord Kintyre Cowall Campbell and Lorn Heritable Sheriff and Lieutenant of the Shires of Argyle and Turbette and Heritable Justice General of the said Shires I Shall not Publish my Case Published already in Print in Latin and in Dutch and more largely in English nor mean I to repeat the Printed Declaration emitted by several Noble Men Gentlemen and others of both Nations now in Arms because the Sufferings of Me and my Family are therein mentioned I have thought it fit for me to Declare for my Self that as I go to Arms with those who have appointed me to Conduct them for no Private and Personal End only for those contained in the said Declaration which I have concerted with them and approved of so I do claim no Interest but what I had before the pretended Forfeiture of my Family and have a sufficient Right to And that I do freely and as a Christian forgive all Personal Injuries against my Person and Family to all that shall not oppose but joyn and concur with us in our present Undertaking for the Ends mentioned in the said Declaration and hereby I oblige my self never to pursue them in Judgment nor out of Judgment And I do further declare That obtaining the Quiet and peaceable Possession of what belonged to my Father and my Self before our pretended Forfeitures I shall satisfie all Debts due by my Father and my Self as any Heir or Debtor can be obliged And as my Faithfulness to his late Majesty and his Government hath sufficiently appeared to all unbyassed Persons void of Malice so I do with Grief acknowledge my former too much complying with and conniving at the Methods that have been taken to bring us to the sad Condition we are now in though God knows never concurring in the Design I have now with God's Strength suffered patiently my unjust Sentence and Banishment 3 Years an half and have never offered to make any Uproar or Defence by Arms to disturb the Peace upon my private Concern but the King being now dead and the Duke of York having taken off his Mask and abandoned and invaded our Religion and Liberties resolving to enter into the Government and exercising it contrary to Law I think it not only just but my Duty to God and my Country to use my utmost Endeavours to oppose and repress his Usurpations and Tyranny And therefore being assisted and furnish'd very nobly by several good Protestants and invited and accompanied by several of both Nations to lead them I resolve as God shall enable me to use their Assistance of all kinds towards the Ends exprest in the said Declaration And I do hereby earnestly Invite and Obtest all honest Protestants and particularly all my Friends and Blood Relations to concur with us in the said Declaration And as I have written several Letters so having no other way fully to
Law makes it Treason to come into this Kingdom and hath impower'd them to exercise Idolatries And besides his being daily present at the Worship of the Mass he hath publickly assisted at the greatest â—opperies of their Superstition Neither hath he been more tender in trampling upon the Laws which concern our Properties seeing in two Proclamations whereof the one requires the Collecting of the Customs and the other the continuing that part of the Excise which was to expire at the late King's Death he hath violently and against all the Law of the Land broken in upon our Estates Neither is it any â—xtenuation of his Tyranny that he is countenanced in it by an Extrajudicial Opinion of seven or eight suborned and forsworn Judges but rather declaring the Greatness and Extent of the Conspiracy against our Rights and that there is no Means left for our Relief but by Force of Arms For advancing those to the Bench that were the Scandal of the Bar and constituting those very Men to declare the Laws who were accused and branded in Parliament for perverting them we are precluded all Hopes of Justice in Westminster-Hall And by packing Juries together by false Returns new illegal Charters and other corrupt Means he doth at once deprive us of all Expectations of Succour where our Ancestors were wont to find it and hopes to render that which ought to be the People's Fences against Tyranny and the Conservator of their Liberties the Means of subverting all our Laws and of establishing of his Arbitrariness and confirming our Thraldom So that unless we could be contented to see the Reformed Protestant Religion and such as profess it extirpated Popish Superstition and Idolatry established the Laws of the Land trampled under foot the Liberties and Rights of the English People subverted and all that is Sacred and Civil or of Regard amongst Men of Vertue or Piety violated and unless we could be willing to be Slaves as well as Papists and forget the Example of our noble and generous Ancestors who convey'd our Privileges to us at the Expence of their Blood and Treasure and withal be unmindful of our Duty to GOD our Country and Posterity deaf to the Cries and Groans of our oppressed Friends and be satisfied not only to see them and our selves imprisoned robbed and murthered but the Protestant Interest throughout the whole World betrayed to France and Rome We are bound as Men and Christians and that in Discharge of our Duty to GOD and our Country and for the Satisfaction of the Protestant Nations round about us to betake our selves to Arms which we take Heaven and Eearth to witness we should not have done had not the Malice of our Enemies deprived us of all other Means of Redress and were not the Miseries that we already feel and those which do further threaten us worse than the Calamities of War And it is not for any personall Injuries or private Discontents nor in pursuance of any corrupt Interest that we take our Swords in our Hands but for vindicating our Religion Laws and Rights and rescuing our Country from Ruin and Destruction and for the preserving our selves Wives and Children from Bondage and Idolatry Wherefore before GOD Angels and Men we stand acquitted from and do charge upon our Enemies all the Slaughter and Devastations that unavoidably accompany Intestine War Now therefore we do hereby solemnly declare and proclaim War against J. D. of Y. as a Murtherer and an Assassmator of innocent Men a Traytor to the Nation and a Tyrant over the People And we would have none that appear under his Banner to flatter themselves with Expectation of Forgiveness it being our firm Resolution to prosecute him and his Adherents without giving way to Treaties and Accommodations until we have brought him and them to undergo what the Rules of the Constitution and the Statutes of the Realm as well as the Laws of Nature Scripture and Nations adjudge to be Punishment due to the Enemies of GOD Mankind their Country and all things that are honourable vertuous and good And though we cannot avoid being sensible that too many have from Cowardise Covetousness and Ambition co-operated to the subverting of our Religion and enslaving their Country yet we would have none from a Despair of finding Mercy persevere in their Crimes noâ— continue the Ruin of the Kingdom For we exclude none from the Benefit of Repentance that will join with us in retrieving that they have been accessary to the Loss of Nor do we design Revenge upon any but the Obstinate and such as shall be found at this Juncture yielding Aid and Assistance to the said J. D. of Y. And that we may both govern our selves in the Pursuit of this glorious Cause wherein we are engaged and give Encouragement to all that shall assist us in so righteous and necessary an Undertaking we do in the Presence of the LORD who knoweth the Secrets of all Hearts and is the Avenger of Deceit and Falshood proclaim and publish what we aim at and for the obtaining whereof we have both determined to venture and are ready to lay down our Lives And though we are not come into the Field to introduce Anarchy and Confusion or for laying aside any part of the old English Government yet our Purposes and Resolutions are to reduce Things to that Temperament and Ballance that future Rulers may remain able to do all the Good that can be either desired or expected from them and that it may not be in their Power to invade the Rights and infringe the Liberties of the People And whereas our Religion the most valuable thing we lay claim unto hath been shaken by unjust Laws undermined by Popish Counsels and is now in danger to be subverted we are therefore resolyed to spend our Blood for preserving it to our selves and â—osterity Nor will we lay down our Arms till we see it established and secured beyond all probability of being supplanted and overthrown and until all the Penal Laws against all Protestant Dissenters be repealed and Legal Provision made against their being disturbed by reason of their Consciences and for their enjoying an equal Liberty with other Protestants And that the Meekness and Purity of our Principles and the Moderation and Righteousness of our End may appear unto all Men We do declare That we will not make War upon or destroy any for their Religion how false and erronious soever So that the very Papists provided they withdraw from the Tents of our Enemies and be not found guilty of conspiring our Destruction or Abbettors of them that seek it have nothing to fear on apprehend from us except what may hinder their altering our Laws and indangering our Persons in the Profession of the Reformed Doctrine and Exercise of our Christian Worship Our Resolution in the next place is To maintain all the just Rights and Privileges of Parliaments and to have Parliaments Annually chosen and held and not prorogued dissolved or discontinued
within the Year before Petitions be first answered and Grievances redressed And seeing many of the Miseries under which the Nation doth groan arise from displacing such out of the Number of Judges as would not for the promoting Popish and Arbitrary Designs wrest and mis-apply the Laws and from constituting corrupt and mercenary Men in their Rooms on purpose to stretch the Laws beyond the Reason and Intention of them and to declare that for Law which is not we can neither with Silence pass over the mentioning of them nor should we have Peace in our selves if we did not endeavour to prevent the like Mischief in Time to come For by reason of ill Men's being advanced to the Bench and holding their Places only durante bene-placito many Persons have been condemned in exorbitant Fines for no Crimes or for very small ones Many Statutes made for the Safety of the Subject particularly the Habeas Corpus Act have been wickedly eluded to the Oppression of the Innocent and Loyal Men. The Popish Lords that were impeached in Parliament for a most hellish Conspiracy have to the subverting the Rights of the House of Lords been discharged and set free The imposing a May or and Sheriffs upon the City of London by Fraud and Violence have been justified and those who in discharge of their Duty opposed it illegally prosecuted and arbitrarily punished London and other Cities and Corporations have been robbed of their Charters upon unrighteous Judgments of pretended Forfeitures Sir Thomas Armstrong executed without being allowed the Benefit of a Trial. Col. Algernoon Sidney condemned to die upon the Deposition of one scandalous Witness And that Loyal and Excellent Person the late William Lord Russel murthered for alledged Crimes in reference to which if all had been true which was sworn against him yet there was nothing which according to Law could have reached his Life Upon the Consideration aforesaid we further declare that we will have Care taken for the future for debarring ignorant scandalous and mercenary Men from the Administration of Justice and that the Judges shall hold their Places by the ancient Tenure of quamdiu se bene gesserint and to leave it to the Wisdom of a Parliament to settle some Way and Method for the Approbation of such as shall be advanced to the Degree and Dignity of Judges And forasmuch as the Invasion made on the Right of Cities Burroughs and Towns Corporate the Seisure of their Charters whether by Surrender or upon pretence of Borfeiture have been wholly arbitrary and illegal we likewise therefore declare we will to our utmost endeavour to see them re-possessed in what they formerly had and could legally lay claim to and that we do esteem all Judgments given against them and all Surrenders made by a corrupt and perjured Party amongst them null and void in Law and do hold and declare their old Charters notwithstanding the â—ew ones lately granted to be good and valid And accordingly we do invite and encourage all honest Burgesses and Free-men to re-assume the Rights and Privileges which by virtue of the said old Charters belonged to their several and respective Corporations and to deliver themselves from those late Parasites and Instruments of Tyranny set up to oppress them Moreover for the Restoring the Kingdom to its Primitive Condition of Freedom and Safety we will have the Coporation and Militia Acts repealed And all Outlawries of Treason against any Person whatsoever upon the late pretended Protestant Plot reversed and also all other Outlawries Banishments Warrants Judgments Imprisonments and injurious Proceedings against any other persons upon any of the Penal Statutes made against Protestant Dissenters made null and void And we will have new Laws enacted for placing the Election of Sheriffs in the Freeholders of the several Counties for Settling the Militia in the several Shires and for Preventing all Military Standing â—orâ—s except what shall be raised and kept up by Authority and Consent of Parliament And whereas several Gentlemen and others who have been worthy and zealous Assertors of the Protestant Interest and Laws of the Kingdom are now in Custody in divers Places within the Realm upon most unjust Accusations Preâ—ences Proceedings and Judgments we do hereby further declare their said Imprisonments to be illegal and that in case any Violence shall be offered to them or any of them we will revenge it to the utmost upon such of our Enemies as shall fall into our Hands And whereas the said J. D. of Y. in order to the Expediting the Idolatrous and Bloody Designs of the Papists the Gratifying his own boundless Ambition after a Crown and to hinder Enquiry into the Assassination of Arthur Earl of Essex hath poysoned the late King and thereby manifested his Ingratitude as well as Cruelty to the World in murthering a Brother who had almost ruined himself to preserve and protect him from Punishment We do therefore further declare That for the aforesaid villainous and unnatural Crime and other his Crimes before-mentioned and in pursuance of the Resolution of both Houses of Parliament who voted to revenge the King's Death in case he came to an Vntimely End we will prosecute the said J. D. of Y. till we have brought him to suffer what the Law adjudged to be the Punishment of so execrable a Fact And in a more particular Manner His Grace the Duke of Monmouth being sensible of the barbarous and horrid Parricide committed upon his Father doth resolve to pursue the said J. D. of Y. as a mortal and bloody Enemy and will endeavour as well with his own Hand as by the Assistance of his Friends and the Law to have Justice executed upon him And the said James Duke of Monmouth the now Head and Captain-General of the Protestant Forces of this Kingdom assembled for the End aforesaid from the Generousness of his own Nature and the Love he bears to these Nations whose Welfare and Settlement he infinitely prefers to whatsoever concerns himself doth not at present insist upon his Title but leaves the Determination thereof to the Wisdom Justice and Authority of a Parliament legally chosen and acting with Freedom And in the mean time doth profess and declare by all that is â—iacred That he will in Conjunction with the people of England employ all the Abilities bestowed upon him by God and Nature for the Re-establishment and Preservation of the Protestant Reformed Religion in these Kingdoms and for Restoring the Subjects of the same to a free Exercise thereof in opposition to Popery and the Consequences of it Tyranny and Slavery To the Obtaining of which End he doth hereby Promise and Oblige himself to the People of England to consent unto and promote the Passing into Laws all the Methods aforesaid that it may never more be in the Power of any single Person on the Throne to deprive their Subjects of their Rights and to subvert the Fundamental Laws of the Government designed for their Preservation And whereas the Nobility
Doge who shall have 500 Ducats a Month and Entertainment and shall act and do as the Doge may do receiving his Revenues defraying his Charges and reserving what shall be due to him till he returns But as if Fortune had been now glutted in heaping up of her favours upon Morosini by adding to the many Victories and Conquests he had made the highest Dignity his Country could confer upon him he did nothing that was memorable this Campaign having been beyond most Mens expectations extreamly baffled in the Enterprize he undertook upon Negropont nor indeed ever after this comparatively to the great feats he had done in the preceding part of his life So that besides the taking of Chir in Dalmatia by General Cornare about the beginning of Sept. and that small Victory which the Albanians who had now put themselves under the protection of the Republick got over some thousands of Turks Commanded by the Basha of Scutari and their taking the Town of Maduna thereupon there was nothing else of any great consideration that fell out on that side And as for Poland he that can find any thing extraordinary there for the breaking up of the Diet held at Grod now this Year in Confusion and the Incursion of the Turks into the Province of Pocusia I do not take to be such let him do it and I shall pass on to somewhat of greater Moment Now it may be remembred in what uncertain state and imminent danger we left both the Civil and Religious Rights of Britain there were some concurring causes that made those of Europe appear to be little less so France by the Interval of the Peace was grown wonderfully potent and if the Altercations between the Imperial and French Ministers about the later's Fortifying of Traerback foreboded no good to the Empire the Death of the Elector of Cologn which hapned June 2d this year manifestly tended to an open Rupture The two Candidates for the Electorate were young Prince Clement of Bavaria the Elector's Brother of that Name whose interest was supported by Germany and the Cardinal de Fustemburg whose pretentions were backed by the Crown of France But though the former made a shift to carry it and that his Election was confirmed afterwards by the Pope who was at no good terms with France at this time yet the French K. concerned himself so far in the matter as to make it an occasion to begin the cruellest War that ever happn'd in this part of the world this was seconded with a Manifesto from the French K which indeed in the right course of things should have been first setting forth the Justice of his cause But I hope the world is still at liberty to believe as little of it as they please However it cost Germany this Season besides the incredible sums paid for Contribution no less than the loss of the Fortress of Phillipsbourg taken by the Dauphine in Person Manheim Spire Mentz Creusenack Baccarack Heidelburg and several other places as far as Hailbron besides Bonn secured by the Cardinal de Furstemburg towards the beginning of the dispute about the Election But before all this happened and even soon after the foresaid Elector's Death there was an interview and even a long Conference held at Minden in Westphaliâ— between the Electors of Saxony and Brandenburg the Landâ—grave of Hesse Cassell the Princes of the House of Lunemburg and the P. of Orange under pretence of the Affair of Cologn as it was in part but much more about concerting methods to divert the Storm hanging over our British Isle without disjoynting of which from the French interest and securing of its Religion and Liberties there was but little likelihood of preserving the rest of Europe and confining France to the Bounds set unto it by former Stipulations and Treaties The Consequence of this Interview was the making mighty Preparations in Holland both by Sea and Land without any visible Appearance who they designed to make War upon And tho' it was said the Heer Van Citters the States Ambassador at London assured the King England had nothing to fear from it and did insinuate that France had much more Reason to be allarm'd than he the Design was penetrated into another way Mr. Skelton while Ambassador in Holland had gained some Glimmering of it by the Interception of some Letters to a certain Person in the Family of the Princess of Orange But being soon after sent in the same Quality to France he got a much clearer Light thereof from one Verace a Genevese by Birth The Story whereof is such as deserves a more particular Recital This same Person had been formerly Captain of the Guard to the Prince of Orange but happening to kill a Man in a Duel he was put out of his Master's Favour However Mr. Skelton found a Way by the Interest of the Earl of Clarendon who had bred up his Son my Lord Cornbury at Geneva and was obliged to Verace for many Services he had done him there to make his Peace again The Genevese being thus re-established in his Master's Favour he had a greater Share of it than ever and was more particularly intimate with Monsieur Bentink the Prince's Favourite I could never learn how he put himself out a second time But so it was that he withdrew and was upon his Journey to Geneva when upon the Noise of the Preparations in Holland he writ to Mr. Skelton then at Paris that he had something to communicate to the King his Master that concerned nothing less than his Crown and to let him know a son-in-Son-in-Law whom he was not mistrustful enough of But for the rest he would not explicate the Secret to any other than the King himself if he were pleased to send him Orders to come and wait upon him Upon this Mr. Skelton writ several Letters to England but did not receive an Answer suitable to the Occasion which made both himself and the French Court much concerned at it Yet when they had in a manner entirely acquiesced and left the King to take his own Measures since he seemed to reject theirs and the Assistances offered him it hapned one Day that Monsieur de Croissi being in Discourse with Mr. Skelton and interrogating of him concerning the then State of Things in England the other answered He had nothing more to do in the Matter and durst not inter meddle any farther But added That he believed if the Most Christian King would order his Ambassador to declare to the States the Part he took in the Affairs of the King his Master and to threaten to attack them in case they attempted any thing against him that he would quickly put a Stop to them and break the Measures of the Prince of Orange thereupon c. Monsieur de Croissi took the Proposal presently and he no sooner acquainted the King with it but he sent Orders to the Count d' Avaux to acquaint the States-General with his Mind And this occasioned
of the Protestant Religion and that by their Taking of the Oaths of Allegiance and Supremacy and the Test yet these evil Counsellors have in effect annulled and abolished all those Laws which relate to Ecclesiastical and Civil Employment VII In order to Ecclesiastical Dignities and Offices they have not only without any colour of Law but against most express Laws to the contrary set up a Commission of a certain number of Persons to whom they committed the Cognisance and Direction of all Ecclesiastical Matters in the which Commission there has been and still is one of His Majesty's Ministers of State who makes now publick profession of the Popish Religion and who at the time of his first professing it declared that for a great while before he had believed that to be the only true Religion By all this the deplorable State to which the Protestant Religion is reduced is apparent since the Affairs of the Church of England are now put into the Hands of Persons who have accepted of a Commission that is manifestly illegal and who have executed it contrary to all Law and that now one of their chief Members has abjured the Protestant Religion and declared himself a Papist by which he is become uncapable of holding any Publick Imployment The said Commissioners have hitherto given such Proof of their Submission to the Directions given them that there is no Reason to doubt but they will still continue to promote all such Designs as will be most agreeable to them And those Evil Counsellors take care to raise none to any Ecclesiastical Dignities but Persons that have no Zeal for the Protestant Religion and that hide their unconcernedness for it under the specious pretence of Moderation The said Commissioners have suspended the Bishop of London only because he refused to obey an Order that was sent him to suspend a worthy Divine without so much as citing him before him to make his own Defence or observing the common Forms of Process They have turnd out a President chosen by the Fellows of Magdalen College and afterwards all the Fellows of that College without so much as citing them before any Court that could take legal Cognisance of that Affair or obtaining any Sentence against them by a competent Judge And the only Reason that was given for turning them out was their refusing to chuse for their President a person that was recommended to them by the Instigation of those Evil Counsellors though the Right of a Free Election belonged undoubtedly to them But they were turned out of their Free-Holds contrary to Law and to that express provision in the Magna Charta That no Man shall lose Life or Goods but by the Law of the Land And now these Evil Counsellors have put the said College wholly into the Hands of Papists tho' as is abovesaid they are incapable of all such Employments both by the Law of the Land and the Statutes of the College These Commissioners have also cited before them all the Chancellors and Arch Deacons of England requiring them to certifie to them the Names of all such Clergy-men as have Read the King's Declaration for Liberty of Conscience and of such as have not Read it without considering that the Reading thereof was not enjoyned the Clergy by the Bishops who are their Ordnaries The Illegality and Incompetency of the said Court of the Ecclesiastical Commissioners was so notoriously known and it did so evidently appear that it tended to the Subversion of the Protestant Religion that the Most Reverend Father in God William Archbishop of Canterbury Primate and Metropolitan of England seeing that it was raised for no other End but to oppress such Persons as were of eminent Vertue Learning and Piety refused to sit or to concur in it VIII And tho' there are many express Laws against all Churches or Chapels for the Exercise of the Popish Religion and also against all Monasteries and Convents and more particularly against the Order of the Jesuites yet those Evil Counsellors have procured Orders for the Building of several Churches and Chapels for the Exercise of that Religion They have also procured divers Monasteries to be Erected and in contempt of the Laws they have not only set up several Colleges of Jesuites in divers places for the corrupting of the Youth but have raised up one of the Order to be a Privy-Counsellor and a Minister of State By all which they do evidently shew that they are restrained by no Rules of Law whatsoever but that they have subjected the Honours and Estates of the Subjects and the Established Religion to a Despotick Power and to Arbitrary Government In all which they are served and seconded by those Ecclesiastical Commissioners IX They have also followed the same Methods with relation to Civil Affairs for they have procured Orders to examine all Lord-Lieutenants Deputy-Lieutenants Sheriffs Justices of Peace and all others that were in any Publick Employment if they would concur with the King in the Repeal of the Test and Penal Laws and all such whose Consciences did not suffer them to comply with their Designs were turned out and others were put in their Places whom they believed would be more compliant to them in their Designs of defeating the Intent and Execution of those Laws which had been made with so much Care and Caution for the Security of the Protestant Religion And in many of these Places they have put professed Protestants tho' the Law has disabled them and warranted the Subjects not to have any Regard to their Orders X. They have also invaded the Privileges and seized on the Charters of most of those Towns that have a Right to be Represented by their Burgesses in Parliament and have procured Surrenders to be made of them by which the Magistrates in them have delivered up all their Rights and Privileges to be disposed of at the Pleasure of those Evil Counsellors who have thereupon placed new Magistrates in those Towns such as they can most entirely confide in and in many of them they put Popish Magistrates notwithstanding the Incapacities under which the Law has put them XI And whereas no Nation whatsoever can subsist without the Administration of good and impartial Justice upon which Mens Lives Liberties Honours and Estates do depend those Evil Counsellors have subjected these to an Arbitrary and Despotick Power In the most important Affairs they have studied to discover before-hand the Opinions of the Judges and have turned out such as they found would not conform themselves to their Intentions and have put others in their Places of whom they were more assured without having any regard to their Abilities And they have not stuck to raise even professed Papists to the Courts of Judicature notwithstanding their Incapacity by Law and that no Regard is due to any Sentences flowing from them They have carried this so far as to deprive such Judges who in common Administration of Justice shewed that they were governed by their Consciences
engage to God and one another that if any such Attempt be made upon him we will pursue not only those who make it but all their Adherents and all that we find in Arms against us with the utmost Severity of a just Revenge to their Ruine and Destruction And that the Execution of any such Attempt which God of his Infinite Mercy forbid shall not divert us from prosecuting this Cause which we do now undertake but that it shall engage us to carry it on with all the Rigour that so barbarous a Practice shall deserve On the 20th of November there happened a Skirmish at Wincanton between a Detachment of 70 Horse and 50 Dragoons and Granadiers commanded by Colonel Sarsfeild and about 30 of the Prince of Orange's Men Commanded by one Cambel where notwithstanding the great Inequality of Numbers yet the latter fought with that desperate Bravery that it struck a Terrour into the Minds of the Army who were otherwise sufficiently averse from Fighting And besides the Action was every where magnified so much above the real Truth that it shewed clearly how much Men wished the Prosperity of the Prince's Arms. On the 22th of November the Nobility Gentry and Commonalty then assembled at Nottingham made this Declaration VVE the Nobility Gentry and Commonalty of these Northern Counties assembled at Nottingham for the Defence of the Laws Religion and Properties according to the Free-born Liberties and Privileges descended to us from our Ancestors as the undoubted Birth-right of the Subjects of this Kingdom of England not doubting but the Iâ—fringers and Invaders of our Rights will represent us to the rest of the Nation in the most malicious Dress they can put upon us do here unanimously think it our Duty to declare to the rest of our Protestant Fellow-Subjects the Grounds of our present Undertaking We are by innumerable Grievances made sensible that the very Fundamentals of our Religion Liberties and Properties are about to be rooted out by our late Jesuitical Privy-Council as has been of late too apparent 1. By the King's dispensing with all the Established Laws at his Pleasure 2. By displacing all Officers out of all Offices of Trust and Advantage and placing others in their room that are known Papists deservedly made incapable by the Established Laws of this Land 3. By destroying the Charters of most Corporations in the Land 4. By discouraging all Persons that are not Papists and preferring such as turn to Popery 5. By displacing all honest and consciencious Judges unless they would contrary to their Consciences declare that to be Law which was merely arbitrary 6. By branding all Men with the Name of Rebels that but offered to justifie the Laws in a Legal Course against the Arbitrary Proceedings of the King or any of his corrupt Ministers 7. By burthening the Nation with an Army to maintain the Violation of the Rights of the Subjects and by discountenancing the Established Religion 8. By forbidding the Subjects the Benefit of Petitioning and construing them Libellers so rendering the Laws a Nose of Wax to serve their Arbitrary Ends. And many more such like too long here to enumerate We being thus made sadly sensible of the Arbitrary and Tyrannical Government that is by the Influence of Jesuitical Counsels coming upon us do unanimously declare That not being willing to deliver our Posterity over to such a Condition of Popery and Slavery as the aforesaid Oppressions do inevitably threaten we will to the utmost of our power oppose the same by joining with the Prince of Orange whom we hope God Almighty hath sent to rescue us from the Oppressions aforesaid and will use our utmost Endeavours for the Recovery of our almost-ruined Laws Liberties and Religion And herein we hope all good Protestant Subjects will with their Lives and Fortunes be assistant to us and not be bugbear'd with the opprobrious Terms of Rebels by which they would affright us to become perfect Slaves to their Tyrannical Insolencies and Usurpatations For we assure our selves that no rational and unbyassed Person will judge it Rebellion to defend our Laws and Religion which all our Princes have at their Coronation sworn to do Which Oath how well it hath been observed of late we desire a Free Parliament may have the Consideration of We own it Rebellion to resist a King that governs by Law But he was always accounted a Tyrant that made his Will the Law and to resist such an one we justly esteem no Rebellion but a necessary Defence And on this Consideration we doubt not of all honest Mens Assistance and humbly hope for and implore the Great GOD's Protection who turneth the Hearts of His People as pleaseth Him best it having been observed that People can never be of one Mind without His Inspiration Which hath in all Ages confirmed that Observation Vox Populi est Vox Dei The present Restoring the Charters and Reversing the oppressing and unjust Judgment given on the Fellows of Magdalen College is plain are but to still the People like Plumbs to Children by deceiving them for a while But if they shall by this Stratagem be fooled till this present Storm that threatens the Papists be past as soon as they shall be re-settled the former Oppression will be put on with greater Vigour But we hope In vain is the Net spread in sight of the Birds For the Papists old Rule is that Faith is not to be kept with Hereticks as they term Protestants tho' the Popish Religion is the greatest Heresie And Queen Mary's so ill observing her Promises to the Suffolk Men that helped her to her Throne And above all the Pope's dispensing with the Breach of Oaths Treaties or Promises at his pleasure when it makes for the Service of Holy Church as they term it These we say are such convincing Reasons to hinder us from giving Credit to the aforesaid Mock-Shews of Redress that we think our selves bound in Conscience to rest on no Security that shall not be approved by a Freely-elected Parliament To whom under GOD we refer our Cause In the mean time the Nobility about the King having used all the Arguments they could invent to persuade him to call a Free Parliament and finding him immovable fix'd iâ— a contrary Resolution and the Army in great Discontent Disorder and Fear and the whole Nation ready to take fire the Duke of Grafton the Lord Churchill and many other Protestant Nobility left him and went over to the Prince of Orange who was then at Sherburn as did also Prince George of Denmark the Duke of Ormond and Sir George Hewet Nov. 25th The Prince at his going away left the following Letter for the King SIR WIth an Heart full of Grief am I forced to write what Prudence will not permit me to say to your Face And may I eâ—er find Credit with Your Majesty and Protection from Heaven as what I now do is free from Passion Vanity or Design with which Actions of this Nature
for a free Parliament and the Protestant Religion York was in the hands of the associated Lords The Garison of Hull seized the Lord Langdale then Governor a Papist and the Lord Montgomery and disarmed some Popish Forces newly sent thither and then declared as New Castle had done Bristol was seized by the Earl of Shrewsbury and Sir John Guise Plymouth had long before submitted to the Prince of Orange and in short the Popish party was become so contemptible in London that on Thursday Dec. 6th there was an Hue and Cry after Father Petre publickly cried and sold in the Streets of London but this was not the worst neither for about the same time came out this following Declaration in the Name of the Prince of Orange By His Highness WILLIAM HENRY Prince of Orange A Third Declaration VVE have in the Course of our Life more particularly by the apparent Hazards both by Sea and Land to which we have so lately exposed our Person given to the whole World so high and undoubted Proofs of our fervent Zeal for the Protestant Religion that we are fully confident no true English Man and good Protestant can entertain the least Suspicion of our firm Resolution rather to spend our dearest Blood and perish in the Attempt than not to carry on the blessed and glorious Design which by the Favour of Heaven we have so successfully begun to rescue England Scotland and Ireland from Popery and Slavery and in a Free Parliament to Establish the Religion the Laws and the Liberties of these Kingdoms on such a sure and lasting Foundation that it shall not be in the Power of any Prince for the future to introduce Popery and Tyranny Towards the more easie compassing this great Design we have not been hitherto deceived in the just Expectation we had of the Concurrence of the Nobility Gentry and People of England with us for the Security of their Religion and the Restitution of the Laws and the Re-establishment of their Liberties and Properties Great Numbers of all Ranks and Qualities having joined themselves to us and others at great distances from us have taken up Arms and declared for us And which we cannot but particularly mention in that Army which was raised to be the Instrument of Slavery and Popery many by the special Providence of God both Officers and common Soldiers have been touched with such a feeling Sense of Religion and Honour and of true Affection to their Native Country that they have already deserted the illegal Service they were engaged in and have come over to Us and have given us full Assurance from the rest of the Army That they will certainly follow this Example as soon as with our Army we shall approach near enough to receive them without hazard of being prevented or betray'd To which end and that we may the sooner execute this just and necessary Design we are engaged in for the Publick Safety and Deliverance of these Nations We are resolved with all possible Diligence to advance forward that a Free Parliament may be forthwith called and such Preliminaries adjusted with the King and all things first settled upon such a Foot according to Law as may give us and the whole Nation just Reason to believe the King is disposed to make such necessary Condescension on his part as will give entire Satisfaction and Security to all and make both King and People once more Happy And that we may effect all this in the way most agreeable to our Designs if it be possible without the Effusion of any Blood except of those execurable Criminals who have justly forfeited their Lives for betraying the Religion and subverting the Lawes of their Native Country We do think fit to declare That as we will offer no Violence to any but in our own necessary Defence so we will not suffer any Injury to be done to the Person even of any Papist provided he be found in such Place and Condition and Circumstances at the Laws require So we are resolved and do declare That all People who shall be found in open Arms or with Arms in their Houses or about their Persons or in any Office Civil or Military upon any pretence whatsoever contrary to the known Laws of the Land shall be treated by Us and our Forces not as Soldiers and Gentlemen but as Robbers Free-Booters and Banditti they shall be incapable of Quarter and entirely delivered up to the Discretion of our Soldiers And we do further declare That all Persons who shall be found any ways aiding or assisting to them or shall march under their Command or shall join with or submit to them in the Discharge or Execution of their illegal Commission or Authority shall be looked upon as Partakers of their Crimes Enemies to the Laws and to their Country And whereas we are certainly informed That great numbers of Armed Papists have of late resorted to London and Westminster and Parts adjacent where they remain as we have reason to suspect not so much for their own Security as out of a wicked and barbarous Design to make some desperate Attempt upon the said Cities and the Inhabitants by Fire or a sudden Massacre or both or else to be the more ready to join themselves to a Body of French Troops designed if it be possible to land in England procured of the French King by the Interest and Power of the Jesuits in pursuance of the Engagements which at the Instigation of that pestilent Society his most Christian Majesty with one of his Neighbouring Princes of the same Communion has entred into for the utter Extirpation of the Protestant Religion out of Europe Though we hope we have taken suck effectual Care to prevent the onâ— and secure the other that by God's Assistance we cannot doubt but we shall defeat all their wicked Enterprises and Designs We cannot however forbear out of our great and tender Concern we have to preserve the People of England and particularly those great and populous Cities from the cruel Rage and blood Revenge of the Papists to require and expect from all the Lords Lieutenants and Justices of the Peace Lord-Mayors Mayors Sheriffs and other Magistrates and Officers Civil and Military of all Counties Cities and Towns in England especially of the County of Middlesex and Cities of London and Westminster and Parts adjacent that they do immediately disarm and secure as by Law they may and ought within their respective Counties Cities and Jurisdictions all Papists whatsover as Persons at all times but now especially most dangerous to the Peace and Safety of the Government that so not only all Power of doing Mischief may be taken from them but that the Laws which are the greatest and best Security may resume their Force and be strictly executed And we do hereby likewise declare That we will protect and defend all those who shall not be afraid to do their Duty in Obedience to these Laws And that for those Magistrates and others
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 reformâ—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 â—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
my self a Member of the Church of England I must take this Opportunity and I do it for God's Glory to apply my self to you that are Royalists of that Church of the same Faith and Principles with my self and I beg of you for God's sake and the Love of your Souls to be very constant and serious in all Religious Offices and holy Duties of Divine Worship and Service which I have too much neglected as I own to my great Sorrow Let no Excuse no Dangers prevent or hinder you in these most necessary and serious Matters and be I beseech you very careful and circumspect in all your Actions Behaviour and Conversation as I earnestly exhorted all that came to me I have I thank God a great deal of Satisfaction in my present Sufferings and have found it so ever since I have been under them And blessed be God it doth continually increase upon me And I do now lay down my Life with all Chearfulness and Resignation in sure and certain Hope of a Resurrection to Eternal Life through our Lord Jesus Christ through whose Merits alone I hope for the Pardon of my Sins and the Salvation of my Soul And so O Lord into thy Hands I commend my Spirit for thou hast redeemed me O Lord thou God of Truth And I do heartily and humbly beseech thee Almighty God and my most Gracious â—ather to forgive and bless this sinful Nation deliver it from the Guilt of Rebellion Blood and Perjury 〈◊〉 is now on all sides more than ever and from all those other heinous Sins which cry aloud Preserve and bless this Church Comfort our distressed King Restore him to his Right and his mislead Subjects to their Allegiance Bless also his Royal Consort our Gracious Queen Mary his Royal Highness the Prince of Wales That he may grow in Stature and in Favour with God and Man Support and Strengthen all those that suffer in any kind for a good Cause give them Patience under all their Afflictions and a happy Deliverance out of them Forgive all mine Enemies Pardon my former Neglect and remissness in Religious Worship and Holy Duties and all the Sins I have been guilty of to this very moment Consider my Contrition accept my Tears And now Thou art pleased to take me hence take me into thy Favour and grant that my Soul may be without Spot presented unto Thee through the Merits of thy Most dearly beloved Son Jesus Christ our Lord. Amen John Freind Sir WILLIAM PERKYNS's Paper IT hath not been my Custom to use many Words and I shall not be long upon this Occasion having Business of much greater Consequence to employ my Thoughts upon I thank God I am now in a full disposition to Charity and therefore shall make no Complaints either of the Hardships of my Tryal or any other Rigours put upon me However one Circumstance I think my self oblig'd to mention it was Sworn against me by Mr. Porter That I had own'd to him that I had Seen and Read a Commission from the King to Levy War upon the Person of the Prince of Orange Now I must declare That the Tenour of the King's Commission which I saw was General and directed to all his Loving Subjects to Raise and Levy War against the Prince of Orange and his Adherents and to seize all Forts Castles c. which I suppose may be a customary Form of giving Authority to make War but I must confess I am not much acquainted with Matters of that Nature But as for any Commission particularly levelled against the Person of the Prince of Orange I neither saw nor heard of any such It 's true I was privy to the Design upon the Prince but was not to act in it and I am fully satisfied that very few or none knew of it but those who undertook to do it I freely acknowledge and think it for my Honour to say That I was entirely in the Interest of the King being always firmly persuaded of the Justice of his Cause and looked upon it as my Duty both as a Subject and an Englishman to Assist him in the Recovery of his Throne which I believed him to be deprived of contrary to all Right and Justice taking the Laws and Constitution of my Country for my Guide As for my Religion I die in the Communion of the Church of England in which I was Educated And as I freely forgive all the World so who-ever I may any ways have Injured I heartily ask them Pardon April 13. 1696. William Perkyns Here the Bigottry of these poor and wretched Men cannot but be admired and pitied that they should justifie their Treasons to the last Gasp which hot-headed Charnock did not think fit to do But this can be attributed to nothing else save the blind Zeal and rebellious Principles of those Clergy-men that were with them and who fairly if they had had their Desert should have been hang'd for Administring Absolution to them without any precedent Confession in direct Opposition to the Laws of that Church whereof they would be thought Members which thereupon was condemned by 14 Bishops being all that were then in London and assented to by all the rest that were Absent It 's well they liv'd under so mild a Government though they were unworthy of it had they been guilty in the late Reigns of any that had come near the pitch of their Crime they had infallibly swung for it when Julian Johnson was so severely Whipped and barbarously Used for his honest Address to the English Soldiery and Seamen The other 3 that followed viz. Cranborn Rookwood and Lowick all confessed the Crime though in a different manner but the 2 latter who were Roman Catholicks somewhat more modestly than the former tho' a pretended Protestant who called it a righteous Cause for which he suffer'd The Papers they deliver'd were these Major LOWICK's Paper In the Name of the most Holy Trinity Father Son and Holy Ghost Amen IN the first place I die in the Religion I was Baptized viz. Roman Catholick and humbly beg the Prayers of all Good People for a happy Resurrection and of all Catholicks for the Good of my Soul As for being ingag'd in this for which I die it was never so positive that I had a Horse from the beginning to the very last nor never see any allotted me or the two Men I was to provide as was sworn against me at my Tryal nor had I any on that Account nor was I at any of their Meetings when they settled any such thing And as for any Order of Commission from King James I never see any since I came last into England which is now above 5 Years and I am confident none that knows King James will believe he would give any such Order Indeed I must confess I believe King James was a coming to assert his own Right and I should if on Shore have done any thing in my Power to have assisted him and in order to
that I should have been very glad to have had a Horse but never had any And as for being concern'd in any Bloody Affair I never was in my Life but have done my Endeavour to prevent as much as I could on all Occasions and if the Killing the most miserable Creature in the World or greatest Enemy would now save my Life restore the King and make me one of the greatest Men in England I first would chuse to die because against the Law of God If any who are now Sufferers on this Account think I have been too forward and a Promoter of this Design I do now declare it was never my Inclination to do any rash thing However I beg their Pardons and of all the World I have offended either in Thought Word or any Action whatsoever and do freely forgive my Enemies and hope through the Mercy of my Saviour Jesus Christ to have Remission of all my Sins Good God preserve the King Queen Prince and Princess and all that Royal Blood of Stewards and may England never want one of that direct Line to Govern them and make them once more Happy I have had the Honour to serve my Royal Master in several Commissions and the last as Major and strove ever to serve him to the best of my Power and even to be Just to those who I had the Honour to Command Lord Jesus into thy Hands I recommend my Spirit O Jesus receive my Soul Robert Lowick Brigadier ROOKWOOD's Paper HAving committed the Justice of my Cause and recommended my Soul to God on whose Mercies through the Merits of Jesus Christ I wholly cast my self I had once resolved to die in Silence but second Thoughts of my Duty to others chiefly to my True and Liege Soveraign King James moved me to leave this behind me I do therefore with all Truth and Sincerity declare and avow That I never knew saw or heard of any Order or Commission from King James for the Assassinating the Prince of Orange and Attacking his Guards but I am certainly inform'd That he the best of Kings had often rejected Proposals of that Nature when made unto him Nor do I think he knew the least of the particular Design of the Attacking the Guards at his Landing so much talk'd of in which I was engaged as a Soldier by my immediate Commander much against my Judgment but his Soldier I was and as such I was to obey and act according to Command These twelve Years I have served my true King and Master King James and freely now lay down my Life in his Cause I ever abhorr'd Treachery even to an Enemy If it be a guilt to have complied with what I thought and still think to have been my Duty I am guilty No other guilt do I own As I beg all to forgive me so I forgive all from my Heart even the Prince of Orange who as a Soldier ought to have consider'd my Case before he Sign'd the Warrant for my Death I pray God may open his Eyes and render him sensible of the much Blood from all Parts crying out against him so to prevent a heavier Execution hanging over his Head than what he inflicts on me Amb. Rookwood But I confess after all that the Shouting of the People at the Execution of some of these wretched Assassins was cruel and inhumane and two base a Triumphing over Misery which always deserves our Christian Compassion As soon as the News reached Flanders that the King was safe and England happily delivered from the two bloody Tempests that threaten'd her the Generals and it was thought to be the particular Contrivance of Prince Vaudemont bethought themselves of making an extraordinary Bonfire for Joy by burning the French Magazine at Givet To which End after several Orders and Countermands given to the Garrison of Namur the greatest part of them were ordered to march with Provision for six Days and being joined by several other Troops they crossed the Meuse on the 12th of March and were followed the next Day by the Horse under the Conduct of the Earl of Athlone and Major-General Cohorne and having crossed the River Leile the Earl with one part of this Body marched towards Dinant while Cohorne with the rest sate down before Givet And having got all things ready by the 16th in the Morning he began his Work about Seven a Clock with Bombs and Red-hot Bullets which first set fire to the Forage and at the same time a certain Number of Soldiers were commanded to enter the Town with lighted Flambeaux in their Hands who fired the Cazerns and other Edifices where the Magazines of Oats and other Provisions lay So that that vast Magazine was utterly consumed and all this performed with the Loss of not above 9 or 10 Men. But notwithstanding this considerable Advantage to the Confederates the Conspiracy in England and other more than ordinary Affairs before the Parliament had spun out so much Time that the King could not be so early in the Camp this Year as was designed who was himself also unwilling to leave his Kingdoms till the Arrival of the Fleet from Cales under Sir George Rook who had upon occasion of the first breaking out of the Plot Orders sent him to return home and safely came upon the Coast towards the latter end of April to the dissipating of the great Fears we were in lest the French Fleet from Thoulon should overtake and ruine him And indeed they were not far behind for before the Junction of those Men of War we had then in the Downs with some of Sir George's Squadron and that he could get upon the Coast of Brest in order to intercept and fight them they were got safe into that and the other Harbours of France So that the French took the Field before the Confederates to whom they were superiour at first in number till the Junction of the German Troops who ever came late which was at all times a prodigious Disadvantage to the Confederates So that what with these things but most of all for the extream Want of Mony to pay the Army now our Coin was called in the Confederates could not act Offensively as they had done the preceding Year But about the time that the King arrived at the Hague there happen'd something to fall out which began to savour of somewhat else than the Toils and Inconveniences of War for Monsieur Caillieri was come thither from France with Proposals towards concluding a general Peace by setling such Preliminaries as might be a sufficient Basis to ground a Treaty upon I do not know whether there was any real Disposition in the French Court to a general Peace before the Year 1695 but the loss of Namur Casall and other Disadvantages did without all doubt powerfully operate towards it and nothing could have retarded their Motions in order to it but the Plausibility of the Invasion against England and that in such an hazardous Juncture when our Coin was
effectually and sincerely as he hath done in the fore-mentioned Articles all the Engagements which he might have had with the Enemies doth likewise hope that his Majesty will answer thereunto with all the Sentiments which his Royal Highness craves and wishes for and that having the Honour to be so nearly related to the King and of entring into a new and glorious Alliance with him his Majesty doth Grant and Promise to his Royal Highness as he doth demand his powerful Protection as formerly in all its Extent and as his Royal Highness is desirous to maintain a perfect Neutrality with the Kings Princes and Sovereign Powers who are at present his Allies his Majesty doth promise not to put any manner of Restraint on the Inclinations which his Royal Highness hath of continuing and using towards them all the external Measures of Decency and Freedom that are becoming a Sovereign Prince who hath Embassadors and Envoys at the Courts of those Princes and receives and entertains at his own Court Envoys and Embassadors from them and that the King shall in no ways take ill his so doing comprehending under that Word Princes the Emperor Kings and Sovereign Powers of Europe V. His Majesty doth ingage and declare That the ordinary and extraordinary Embassadors of Savoy shall receive at the Court of France all the Honours without Exception and with all the Circumstances and Ceremonies that are paid to the Embassadors of Crowned Heads that is to say they shall be received as Embassadors from Kings and that his Majesty's ordinary as well as extraordinary Embassadors in all the Courts of Europe without Exception and even the King's Embassadors at Rome and Vienna shall likewise treat and use the said ordinary and extraordinary Embassadors and Envoys from Savoy as they do those from Kings and Crowned Heads But in regard that this Addition of Honour as to the Treatment of the Embassadors from Savoy has been never hitherto settled nor raised to that Degree that his Majesty doth now allow it his Royal Highness is sensible and doth acknowledge that it is in Consideration of this Treaty or Contract of Marriage of the Duke of Burgundy with the Princess his Daughter and his Majesty doth promise that this Augmentation of Honour shall take Place from the Day that the aforesaid Treaty of Marriage is Signed VI. That the Trade between France and Italy shall be renewed and maintained in the same manner as it was settled before this War from the time of Charles Emanuel II. his Royal Highness's Father and the same shall be observed and practised in all Points and in all Places between the Kingdom and the several parts of his Majesty's Dominions and those of his Royal Highness's which was used and practised in all things in the Life-time of the said Charles Emanuel II. on the Roads of Suza in Savoy and Pont Beauvoisiâ— and Villefranche every one paying the Duties and Customs on both Sides the French Ships shall continue to pay the ancient Duties at Villefranche as it was wont to be paid in the time of the said Charles Emanuel about which there shall be no Contest or Opposition made any more than used to be done in those Days The Couriers and ordinary Poâ—â—s of France shall pass as formerly through his Royal Highness's Estates and Countries and according to the Regulations there they shall pay the Duties for the Merchandizes wherewith they shall be charged VII His Royal Highness shall cause an Edict to be published by which he shall upon the Penalty of severe corporal Punishments forbid the Inhabitants of the Vallies of Lucern called Vaudois to have any Communication in Matters of Religion with the King's Subjects and his Royal Highness shall engage not to suffer at any time from the Date of this Treaty any of his Majesty's Subjects to make any Settlement in the Protestant Vallies under Colour of Religion of Marriage or for any other Pretence of Settlement Conveniency taking Possession of Inheritances or any other Pretence whatsoever and that no Protestant Minister shall come thence into any of his Majesty's Dominions without incurring the severest corporal Punishments That however his Majesty shall take no Cognizance of his Royal Highness's Usage towards the Vaudois in regard of their Religion yet his Royal Highness shall be bound not to suffer the Exercise of the Reformed Religion in the City of Pigneroâ— nor in the Territories that are restored to his Royal Highness in like manner as his Majesty neither doth nor will allow the Exercise of it in his Kingdom VIII That there shall be on both sides a perpetual Act of Oblivion and Indemnity of all that has been done since the beginning of this War in what Place soever the Acts of Hostility have been committed That in this Act of Grace all those shall be comprehended who have served his Majesty in what Station soever although they were his Royal Highness's Subjects so that no Prosecution shall be made against them neither shall they be molested either in their Persons or Estates by Reprisals Executions or Judicial Processes or upon any pretext whatsoever and the King's Subjects that have served his Royal Highness shall be used in the like manner IX That Ecclesiastical Benefices in such parts of his Royal Highness's Country as hath been conquered by the King having been filled up by his Majesty from time to time as the same became vacant during the time that his Majesty possessed the said Countries it is agreed that the said Collation to Benefices shall be valid and the Persons who have been promoted by the King and invested by Authority of the Pope's Bulls shall remain in full Possession thereof But as to the Promotions to the Livings belonging to the Military Order of St. Maurice or to the Places of Judicature or Magistracy his Royal Highness shall have Liberty to alter the Nominations made by the King and all Grants made by his Royal Highness of Offices in the Law become vacant by the Person 's leaving them during the War shall remain good and valid X. As for Contributions that were imposed on the Lands of his Royal Highness's Dominions altho' they are lawfully imposed and are become due and that they amount to considerable Sums his Majesty does out of his Liberality fully discharge his Royal Highness of them so that from the Day of this Treaty's Ratification the King will not pretend to nor require any of the said Contributions leaving his Royal Highness in full Possession of his Revenues throughout his Dominions as well as in Savoy Nice about Pignerol and Suza his Royal Highness on the other side not demanding any Contributions of the King XI As to the Pretensions of the Dutchess of Nemours on his Royal Highness his Majesty leaves those Controversies to be determined among themselves by due Course of Law without concerning himself further therein XII That it shall be lawful for his Royal Highness to send Intendants and Commissaries into Savoy the Country of Nice the
Quantity of Silk and Silver Stuffs So that every Soldier of the 2000 had for his Share 6 Piasters the rest being divided among the Officers and other Soldiers the Czar reserving only the Cannon and Ammunition to himself This being happily effected the Siege of Asoph was carried on with great Application which all the Endeavours of the Turks and Tartars could not relieve by Land they being routed in the Attempt and a great many of their Number slain So that it was surrender'd to the Czar upon Articles on the 28th of July in pursuance of which the Garrison consisting of 3000 Men besides Tartars marched out with their Arms and Baggage and presently the Muscovites marched in and found 90 Pieces of Cannon together with a great Quantity of Ammunition in the Town But want of Provisions hasten'd the Surrender of it The News hereof no sooner arrived at Constantinople but it occasioned a great Consternation there and more especially for fear of losing those Supplies of Provisions which usually come to that City by the Euxine Sea which the Loss of that Place opened a Gap for the Moscovites to be Masters of But now after so long a Peregrination 't is time we should return homewards and take notice That the State of Affairs in Flanders this Year being already given an Account of it gave the King an Opportunity of returning to England somewhat sooner than usual and the Parliament to meet about the middle of Octob. to whom his Majesty said That he thought it our Happiness considering the Disappointments in the Funds and other Difficulties we laboured under that Things had passed without any Disadvantage That this was a convincing Proof of the good Disposition of his Army and steady Affections of his People That the Enemy's Hopes had been hitherto frustrated in respect to the difficult Conjuncture we were in and that their unanimous Proceedings was the Way to have the same continued That the Business before them was very great and our Occasions pressing That he could not let slip the Occasion to tell them That some Overtures had been made towards setting up a Negotiation of a General Peace But that the best Way to Treat was with our Swords in our Hands and by shewing our selves prepared to make a vigorous and effectual War Wherefore he recommended earnestly to the Commons to take Care for Raising the necessary Supplies with Speed As he did also the Remedying of some Inconveniences still remaining in Relation to the State of the Coin And so he concluded as we shall also conclude the Year with leaving the Parliament to take care in the first place of this last Clause of his Majesty's Speech about the Coin and to make a strict Enquiry among other Things into the late Conspiracy which took them up much Time And of which but very briefly before we hasten to give an Account of the General Peace Yet we will observe first as we were wont to do That this Year proved fatal to Mary Anne of Austria Queen-Mother of Spain who departed this Life on the 17th of May after she had been long tormented with a Cancer in her Breast Her Death being no less considerable a Loss to the Confederacy in general than to Spain in particular considering her great Influence over the Spanish Counsels to make them take such Resolutions as were conformable to the Interests of the Common Cause For which Reason she was but little beloved in France and gave Occasion for a great Prince of that Nation as was reported to say when he heard of the dangerous Distemper which had seized that Princess That he could have wished she had died Ten Years ago year 1697 Tho' this Year produced a General Peace between the Allies and the French Monarch yet our Parliament before the Close of the last in pursuance to his Majesty's Pre-monition to them in his Speech at the first Opening of the Session proceeded vigorously to other Methods for carrying on the War But they had not been long sate when they met with a considerable Interruption therein by the Business of Sir John Fenwicke who was one of the Conspirators in the late Plot for invading the Land and taking away the King's Life and was designed to have been tried at the Common Law as the rest had been But there were some Accidents fell out which made his Case extraordinary and brought it into Parliament of which take this short Account Upon Sir John Fenwicke's Apprehension which was in Kent as he designed to have made his Escape that way beyond Sea it did appear by a Letter of his writ to his Lady thereupon and which hapned to come in the Governments Hands That he was so far sensible of his Guilt and Danger that he proposed no other way for the present to Escape than by either getting a Jury Pack'd that would be Obstinate and not bring him in Guilty or making Friends to the King for a Pardon or Reprieve at least to gain Time But after his being brought to Town Commitment to Newgate and farther Consulting with his Friends the said Methods being found not very Practicable there was another Topick resolved upon which had a much more apparent Prospect of Success and that was to set up a Counterplot by accusing a great many of the King 's best and greatest Friends to have been guilty of Conspiring against him which startled a great many People at first not knowing who and who was together And tho' the same in the dilatory Managements of it did for a time with Sir John to gain him Space to have his Tryal put off yet he could not be but sensible it would not do always and therefore there was another Game for him to Play before he could conceive himself out of Danger which was to seduce away one at least of the Evidences that had swore the Treason against him as well knowing according to the late Act one was not sufficient in Cases of High Treason And this being also effected in the Person of Cardell Goodman who privately withdrew into France the Danger seemed now to be quite over tho' they could have been glad both for his and others sake that Captain Porter also had been got to the same or a worse Place and made Overtures to him by a rascally Irish-man one Clancy by Name to that end But he proved stanch against the great Temptation and made a Discovery thereof unto the Government So that the Government thereby finding it self horribly abused by these Clandestine Proceedings and no room left to bring the Criminal by the ordinary Course of Law to a Condign Punishment The King thought fit to give leave to Admiral Rassell to acquaint the House of Commons and lay before them the several Papers which were given in by Sir John Fenwicke in the Nature of Informations against himself and several Persons of Quality and desired that the same might be read that so he might have an Opportunity to justifie himself or
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 â—â—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 inâ—â— all Forfeiture as a Person Attainted of High Treason The Bill being read the King's Counsel Sergeant Goulâ— 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 Bartholomeâ— 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 Joâ—â— 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
Occasion and that most truly to in their own Justification That they had bore alone the Burthen of the War by keeping of great Fleets and numerous Land-Forces which they had set out at their own Charge for the common Good and notwithstanding so many States and Princes of the Empire they had paid almost alone the Expences of the War all along the Rhine And that Trade not having its ordinary Course all this bore very hard upon them To this may be added the advantageous Conditions of Peace granted them and first to begin with that of the English for whom and himself no Man surely in his Wits will deny but King William made as honourable Terms as could in Reason under the Circumstances of things be expected But a better View hereof will be had by the Articles themselves which follow I. That there be an Universal Perpetual Peace and a Truce and Sincere Friendship between the Most Serene and Mighty Prince William the Third King of Great Britain and the most Serene and Mighty Prince Lewis the Fourteenth the most Christian King their Heirs and Successors and between the Kingdoms States and Subjects of Both and that the same be so Sincerely and Inviolably observed and kept that the one shall promote the Interest Honour and Advantage of the other and that on both sides a faithful Neighbourhood and true Observation of Peace and Friendship may daily Flourish and Encrease II. That all Enmities Hostilities Discords and Wars between the said King of Great Britain and the most Christian King and their Subjects cease and be abolished so that on both sides they forbear and abstain hereafter from all Plundring Depredation Harm-doing Injuries and Infestation whatsoever as well by Land as by Sea and on fresh Waters every where and especially throughout all the Kingdoms Territories Dominions and Places belonging to each other of what Condition soever they be III. That all Offences Injuries Damages which the said King of Great Britain and his Subjects or the said most Christian King and â—his Subjects have suffered from each other during this War shall be forgotten so that neither on Account of them or for any other Cause or Pretence neither Party or the Subjects of either shall hereafter do cause or suffer to be done any Hostility Enmity Molestation or Hindrance to the other by himself or others Secretly or Openly Directly or Indirectly by Colour of Right or Way of Fact IV. And since the most Christian King was never more desirous of any thing than that the Peace be firm and inviolable the said King Promises and Agrees for himself and his Successors That he will on no account whatsoever disturb the said King of Great Britain in the free Possession of the Kingdoms Countries Lands or Dominions which he now Enjoys and therefore Engages his Honour upon the Faith and Word of a King that he will not give or afford any Assistance directly or indirectly to any Enemy or Enemies of the said King of Great Britain And that he will in no manner whatsoever favour the Conspiraces or Plots which any Rebels or ill disposed Persons may in any place Excite or Contrive against the said King And for that end Promises and Engages That he will not assist with Arms Ships Ammunition Provisions or Money or in any other way by Sea or by Land any Person or Persons who shall hereafter under any pretence whatsoever Disturb or Molest the said King of Great Britain in the free and full Possession of his Kingdoms Countries Lands and Dominions The King of Great Britain likewise Promises and Engages for himself and Successors Kings of Great Britain That he will inviolably do and perform the same towards the said most Christian King his Kingdoms Countries Lands and Dominions V. That there be a free use of Navigation and Commerce between the Subjects of both the said Kings as was formerly in the time of Peace and before the Declaration of the late War so that every of them may freely come into the Kingdoms Marts Ports and Rivers of either of the said Kings with their Merchandizes and may there continue and Trade without any Molestation and shall use and enjoy all Liberties Immunities and Priviledges granted by solemn Treaties and ancient Custom VI. That the ordinary Administration of Justice shall be restored and sâ—t open throughout the Kingdoms and Dominions of both Kings so that it shall be free for all the Subjects of either to claim and obtain their Rights Pretensions and Actions according to the Laws Constitutions and Statutes of each Kingdom VII The most Christian King shall Restore to the said King of Great Britain all Countries Islands Forts and Colonies wheresoever Situated which the English did possess before the Declaration of this present War And in like manner the King of Great Britain shall restore to the most Christian King all Countries Islands Forts and Colonies wheresoever Situated which the French did Possess before the said Declaration of War And this Restitution shall be made on both Sides within the Space of Six Months or sooner if it can be done And to that end immediately after the Ratification of this Treaty each of the said Kings shall Deliver or cause to be Delivered to the other or to Commissioners Authorized in his Name for that Purpose all Acts of Concession Instruments and necessary Orders duly made and in proper Form so that they may have their Effect VIII Commissioners shall be appointed on both sides to Examine and Determine the Rights and Pretensions which either of the said Kings hath to the places Situated in Hudsons-Bay But the Possession of those Places which were taken by the French during the Peace that preceded this present War and were retaken by the English during this War shall be left to the French by virtue of the foregoing Article The Capitulation made by the English on the 5th of September 1696. shall be Observed according to its Form and Tenor The Merchandises therein mentioned shall be restored The Governour of the Fort taken there shall be set at Liberty if it be not already done The Differences arisen concerning the Execution of the said Capitulation and the value of the Goods there lost shall be adjudged and determined by the said Commissioners who immediately after the Ratification of the present Treaty shall be Invested with sufficient Authority for settling the Limits and Confines of the Lands to be restored on either side by virtue of the foregoing Article and likewise for exchanging of Lands as may conduce to the mutual Interest and Advantage of both Kings And to this end the Commissioners so appointed shall within the space of 3 Months from the time of the Ratification of the present Treaty meet in the City of London and within six Months to be reckoned from their first Meeting shall Determine all Differences and Disputes which may arise concerning this matter After which the Articles the said Commissioners shall agree to shall be Ratified
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
were detach'd to go and make themselves Masters of this Booty But as it usually happens in such Hurries the Ammunition took Fire that Day beyond the Bridge as it had done the Night before on this side the Bridge so that a good part of it was consumed with a great quantity of Victuals and other Booty In the Morning a Transilvanian Commissary brought the Grand Seignior's Seal a curious Piece of Workmanship which never happened before in any Battle that had been fought during this War Which confirm'd what the Prisoners and Fugitives reported That the Grand Visier was kill'd because he is bound always to carry the Seal about his Neck In the mean time the Hussars and some other Troops of the Army pursued the Enemy for above 4 or 5 Leagues together from the Place where the Battle was fought who found store of Booty by the way and some lazy Turks whom they took Prisoners The same day Colonel Gleckelsberg was sent out in pursuit of the Infidels with 600 Horse and to pick up what Booty and Prisoners he could He pursued the flying Enemy as far as Aranga within half a Mile of Temeswaer and after his return with a considerable Booty which he met with all along the Road he confirm'd what had been reported of the Grand Seignior's Consternation and of the small number of Foot that was left him As for the Loss which the Turks sustained it augmented every day by new Relations the last of which gave an Account That besides the Grand Visier and the Aga of the Janisaries there were 27 Bassa's slain upon the Spot above 20000 Men killed and about 10 or 12000 drowned in the Theysse 6000 wounded and several taken Prisoners The Booty consisted of 6000 Waggons laden with Ammunition and Provision 6000 Camels 6000 Horses 12000 Oxen and a very great number of other Spoils with 160 Pieces of Cannon among which there were 70 of a larger Size for Artillery 500 Drums and as many Colours 74 Pair of Kettle-Drums the Grand Seignior's Tent valued at about 4000 Florins and a Coach or Chariot with Six Horses wherein were 10 Women of the Sultan's Seraglio It was said that the whole Booty amounted to several Millions This Victory was so much the more Glorious because it was gained with so little Loss to the Imperialists A loss so small that it is a rare thing to read of so great a Battle fought and wun with so little Effusion of Blood on the Victors Side some Regiments not loosing above 1 2 or 3 others not above 14 15 or 29 at most But how Glorious soever this Action was there was this unhappiness that did attend it that it was so late in the Year that the Germans could go upon no considerable Undertaking and follow the Blow So that all they did the remainder of the Campaign was to make an Incursion into Bosnia from whence they returned with a considerable Booty So we shall leave them and being so near will take a step into Poland and see how their Affairs stood there before we return to prosecute the remaining Negotiations of the Peace We have hinted before that the Elector of Saxony was chosen King of Poland as much contrary to most Men's Expectations as the Change of his Religion was thereupon And that for all this the Prince of Conti his Competitor's Expedition thither who was in like manner proclaimed King was at length undertaken However Saxony was by much before-hand with him for besides other Paces made the Baron de Fleming as early as July 13th in his Master's Name signed the Pacta Conventa the same being done also by a great Number of the Senators and Principal of the Nobility The Articles were these I. THE Kingdom of Poland shall be always preserv'd in its Right of Electing a Sovereign King so that it may never become Hereditary II. No King shall be elected who shall not be devoted to the Roman Catholick Church and who shall not take an Oath constantly to persevere in her Communion III. Liberty of Conscience shall be preserv'd inviolably in its full Strength and Vigour and as for the Greek Religion that shall be taken into Consideration after the Coronation IV. No Presents shall be taken from those who shall sue for any Offices or Starâ—sties V. The Queen not to intermeddle with Affairs of Government VI. As to the Administration of the Military Affairs the Presidents of Vladistaus IV. and John 〈◊〉 to be follow'd VII Alliances shall be renew'd VIII Endeavours shall be us'd to recover the Vkraine and to conclude a perpetual Peace with the Muscovites IX The Revenues in Money shall not be employ'd to the particular Benefit of the King nor shall any Money be Coin'd without the Consent of the Republick X. No Foreign Forces shall be brought into the Kingdom without the knowledge of the Republick XI None shall be employ'd in Embassies but Gentlemen of good Fortunes XII No body shall purchase the Right of Naturalization but such as have done the Republick important Services XIII No body shall be admitted to any Preferment in the Royal Houshold unless he have first serv'd the Crown XIV Nor shall any Person by the Connivance of the Senators enjoy any petty Revenues of the Crown without the Consent of the Republick XV. No Person shall enjoy two considerable Offices at one time such as are those of the Mareschal and General but they who now enjoy any Offices shall continue in the Exercise of 'em and enjoy the Revenues of 'em without any Defalcation XVI The accustom'd Order in the Administration of Justice shall be preserv'd without any alteration XVII The King when he has re-taken Caminiec shall cause it to be fortify'd at his own Charges but after that the Republick shall keep the said Fortifications in Repair XVIII The Court and the King's Guards shall consist of the Natives of the Kingdom XIX If the King has a desire to Marry he shall advise with the Senators about the Choice of a Wife and if he takes a Foreigner she shall not have above six Foreigners in her Service at Court XX. Only the Latin and Polish Languages shall be made use of for the King's Letters and Orders XXI The Laws call'd Pacta Henricea shall be observ'd in the Judgments call'd Postcurialia and when any Difficulty shall arise Judgment shall be given with the Counsellors Assessors XXII The Differences which are in the shall be determin'd with all speed that may be XXIII That no new Custom or Novelty shall be admitted in the Order of the King's Table but that the ancient Custom shall be exactly observ'd XXIV Places becoming vacant in the Intervals of Dyets shall be supply'd in six Weeks XXV The Militia shall be so regulated at the Dyet of the Coronation that is to come that there shall be no need of Foreign Troops and Military Discipline shall be exactly observ'd XXVI That the Salt shall be tax'd and shar'd out in all the Palatinates according to the
them of his Most Christian Majesty without being liable to be disturbed therein XXXVI It hath more-over been concluded That the Law-Suits Sentences and Decrees passed by the Council Judges and other his Most Christian Majesty Officers concerning the Differences and Actions that have been determined as well between the Subjects of the Dutchies of Lorrain and of Barr as others at the time when the most Christian King possest those States shall take place and obtain their full and due effect in the same manner as if his said Christian Majesty had remained in full Possession of his said Estates it not being permitted to call in question the validity of the said Sentences and Decrees or to impede or stop the Execution thereof It shall notwithstanding be permitted to the Parties to demand a Review of what shall have been enacted according to the Order and Disposition of the Laws and Constitutions the Sentences nevertheless remaining in their full Force and Vertue XXXVII There shall be restored to the said Duke after the Ratification of the present Treaty the Archives and written Documents and Presidents that was in the Treasury of the Records of Nancy and Barr and in both Chambers of Accounts or other places and that have been taken thence XXXVIII The said Duke immediately after the Ratification of the Peace shall have Power to send Commissioners to the Dutchies of Lorrain and Barr to have a watchful Eye upon his Affairs Administer Justice take care of the Imposts Taxes upon Salt and other Duties dispose of publick Treaties and perform all other necessary things so that the said Duke may within the same time enter into the full possession of his Government XXXIX As to what relates to Imposts and Customs and concerning the Exemption in the Transportation of Salt or Wood either by Land or Water the Custom settled in the Year 1670. shall be observed without permitting any Innovation XL. The ancient Custom and Liberty of Commerce between Lorrain and the Bishopricks of Meâ—z Toul and Verdâ—â— shall be still in being and shall henceforth be observed to the Benefit and Advantage of both Parties XLI The Contracts and Agreements made between the Most Christian Kings and the Dukes of Lorrain shall be 〈◊〉 in like manner observed in their ancient Force and Vigour XLII The said Duke and his Brethren shall be impowered to prosecute the Right they pretend to belong to then in divers Causes by the ordinary Course of Law notwithstanding the Sentences past in their absence without being heard XLIII In Matters not here expresly agreed to the coâ—trary shall be observed in respect of the Duke his Estates and Subjects what hath been concluded upon by the present Treaty and more especially in the Article that begins All the Vassals and Subjects of both Parties In that which begins So soon as the present Treaty of Peace shall be And that which beginneth And to the end that the Subjects of both Parties may as speedily as may be enjoy Just as if they had been here particularly recited XLIV The Cardinal of Furstemburg shall be re-invested in all the Rights Estates Feudal and Allodial Benefices Honours and Prerogatives that belong to the Princes and Members of the Holy Roman Empire as well in respect of the Bishoprick of Strasburg on the Right-hand of the Rhine as of the Abby of Stevelo and others and shall enjoy with his Cousins and Relations that adhered to his Party and his Domestick Servants a full and absolute Amnesty and Security for whatsoever hath been done or said and for whatsoever hath been decreed against him or them and that neither He his Heirs Cousins Relations nor Domesticks shall ever be proceeded against in any Cause by the Lords Electors of Cologne and Bavaria their Heirs or any other Persons whatsoever upon the account of the Inheritance of the late Maximilian Henry And reciprocally the Lord Cardinal his Cousins Relations and Domesticks or any that have any Cause depending upon their Behalf shall not demand any thing upon what account soever from the Lords Electors or others from the said Inheritance Legacies that were left them or any Things that have been given them all Right Pretension or Action Personal or Real being totally extinct Such of the Canons who have adhered to the Cardinal's Party and who have been outed of their Prependaries or Canonical Benefices shall receive the same Amnesty and Security and shall make use of the same Privilege and shall be re-settled in all the Canonical Rights Benefices and Dignities and in the same Degree and Dignity in the Chapter of the Collegiate Churches and Cathedral Church as they were before their Deposition Yet so however that the Revenues remaining in the Power of those that possess them at present these same may enjoy just as the others that shall be re-settled do the Titles and common Functions of the said Dignities and Benefices the Chief Place and Rank notwithstanding is to be deferr'd and yielded to those who shall be re-settled and after Death or the voluntary Resignation of those who are in Possession those only that are re-established shall solely enjoy the said Dignities and Revenues and in the mean time each of them according to the Order they have among them shall obtain the new Prebendaries that shall become vacant And there is no question but this may be approved of by the above-said Ecclesiasticks whom this Regulation may concern The Heirs likewise of the Canons who have been deprived of their Dignity and are dead during the War whose Goods Chattels and Revenues have been sequestred or confiscated shall enjoy the intire Benefit for the Recovery of them by the Article which begins thus All the Vassals and Subjects of both Parties together with this express and particular Clause That Pious Legacies bequeath'd by the Deceased shall be paid forthwith without delay according to their Disposal out of the Revenues by them assigned XLV The Landgraves of Hesse Reinfeldt shall be in a more especial manner included in the Amnesty and shall be reinstated in respect of the Fortress of Reinfeldt and all the Lower Country of Catzenelboguen with all Rights and Dependences in the same Condition and Circumstances wherein the Landgrave Ernest their Father was before the beginning of this War Excepting always and in all Cases the Rights appertaining to Monsieur the Landgrave of Hesse Cassel XLVI All the Vassals and Subjects of both Parties Ecclesiasticks and Seculars Corporations Universities and Colleges shall be re-settled in their Honours Dignities and Benefices whereof they were in quiet Possession before the War as also in all their Rights Goods moveable and immoveable Rents and Revenues also those that are capable of being redeemed or which are for Life provided that the Principal thereof be not consumed and have been employed or retained during or upon the Occasion of this War with all the Rights Actions Successions and Entails that are fallen to them during the said War yet so that they
the 19th the Parliament of Scotland met and during the short time of their sitting which was but to the beginning of September made several good Acts and were then prorogued to the 25th of November following Neither were the Lords Justices in Ireland wanting in their Duties to his Majesty and the Country for they took a Progress this Summer in order to view the State of several Places in the Kingdom and give such Instructions as theâ— saw convenient for the Security of the Government and good of the Subject But how Prosperous soever things went with us at home the Apprehensions of the Death of the King of Spain who was sick more or less for a great part of this Year made all Europe uneasie for fear of another War It will be impertinent for me to enter upon the particulars of the King's Sickness and Distemper that being fitter for a Physitian 's Diary than an History However it is my part to observe that a Fleet of French Men of War and Gallies coming into Caâ—iz-Bay and afterwards their giving out they would Winter there to say nothing of those Gallies that went to Naples gave no small Umbrage to their Neighbours And tho' I will not say the Arrival of the English and Dutch Squadron in Cales-Bay some time after made them think fit to return to their own Ports yet it is certain that that with the King's Recovery made their Affairs in that Country look quite with another Aspect than they had done a little before when nothing was less expected than that the Duke of Berry should succeed the Marquess of Harcoâ—â— the French Embassador valuing himself much upon the Paces he thought he had made to that end But while all this was in Agitation towards Spain the French were busie in the North to perfect an Allyance with the Crown of Sweden which at length was brought to bear and the same was notified by M. de Lissenheim his Swedish Majesty's Minister to the Envoys of other Courts residing at Hamborough and other Places The main Intention of what was made publick of this Allyance is to preserve the Repose of Europe and the Articles were to this purpose I. THat the Ancient Alliance is renew'd between the two Kings their Heirs and Successors II. That the Aim and Intention of this Treaty is to preserve and secure the Common Peace by such means as shall be adjudg'd most proper and convenient III. If it should come to pass that it should be disturb'd by any Breaches and Hostilities that the two Kings will make it their Business to repair the wrongs in an amicable way IV. And if their Cares prove ineffectual they will joyntly consider of ways to defend the Rights of the Country injur'd V. In case any Prince or State will enter into this Treaty within a Year they shall be admitted by the consent of both Kings VI. Neither the one nor the other shall make Peace or Truce without comprehending the other therein VII The Articles of the Treaties formerly concluded by either of the two with other Kings Princes or States shall remain in their full Strength and Vertue so far as they shall not be contrary to this VIII The Freedom of Commerce between the Subjects of the two Kings shall be preserv'd as formerly without any Impeachment as well in time of War as in Peace paying the usual Duties IX In pursuance of which all Ports Cities and Provinces shall be open to the Subjects of both Crowns according as the Laws and Customs shall permit both to sell their Commodities in those Places and buy others X. This particular Treaty shall continue Ten Years with Liberty to prolong this Term if it be judg'd convenient by the two Kings who by consent shall have a watchful Eye upon the means to preserve the Peace against the Dangers that threaten it XI This Treaty shall be exchang'd by both sides within three Months after the Signing or sooner if it may be Given at Stockholm the 9 th of July O. S. 1698. I shall not meddle here with the Mock-Battle at Compeign nor the more violent persecution of the Reformed since the Peace both of them being Subjects ungrateful to my Pallate but pass on into Germany where to say nothing yet of the Discourse concerning the Marriage of the King of the Romans with the Princess of Hanover we find a mighty disposition in the Emperor and his Confederates also to a Peace with the Turks after the continuance of a War for above fifteen Years wherein perhaps there has been as much variety of Action as in any other whatsoever but now it seems to draw to a period and things look in the World as if Janus his Temple was once more to be shut up And tho the Armies in Huâ—gary on both sides were considerable in number and Strength yet there seemed no great disposition in either for Action but much more in the Parties concerned to set up a Treaty of Peace under the Mediation of his Britannick Majesty and the States General by their Ministers the Lord Paget and M. Colliers who towards the middle of August arrived in the Turkish Camp near Belgrade and by their good Offices got the Place to hold the Conferences to be between Peter Waradin and Salankemen the Emperor and Confederate Ministers being to reside at Câ—rlowitz the Sultan's at Salankamen and the Mediators between the two Places The Emperor's Plenipotentiaries were the Count of Ottengen General Sâ—â—lick and the Count de Marsigli those of the Port were the Effendi or Chancellor of the Ottoman Empire and Mauro Cordato for Venice came Signior Ruzzini Embassador in Ordinary from the Republick to the Court of Vienna and Seignior Wicolasi Secretary of the said Republick for Poland appear'd the Sieur Malokowski Palatine of Posnania and for the Moscovites Procopius Pogdanowitz Vosnicin I shall now leave the Plenipotentiaries to meet and not enter upon the Particulars of the Negotiation my design being to reserve that for the closing up of this Work nor shall I take any Notice of the Conspiracy which was said to have been formed by the Army under General Rabaâ—in in Transilvania to kill him and the rest of the Officers and then to go over to the Turks because I believe there was more Noise than Truth in it But I shall return where I left off last Year with the Polish Affairs and observe that tho' the King's Competitor was now gone without any likelihood of ever returning again and that the potent City of Danzick were firm to his Interest yet other Difficulties from the Obstinacy of the Cardinal Primate and his Adherents and from the present Necessity he lay under to be guarded in Poland with his own Troops made his Affairs much perplex'd However he set forward and arrived at Warsaw January the 14th in great State The King us'd all imaginable Endeavours to bring the Primate to submit and the Offices of the Brandenburg Minister were indefatigable to this
are Word for Word inserted at the End of this Treaty have come to an Agreement and Conclusion upon mutual Condition of Peace and Friendship in manner following viz. I. It is Covenanted and Agreed that from henceforth there shall be a good firm and lasting Peace Confederation and perpetual Alliance and Friendship between the Most Christian and Catholick King their Children born to be born their Heirs Successors and Inheritors their Kingdoms Estates Countries and Subjects so that they shall love one another as good Brethren procuring with all their might one another's Good Honour and Reputation and faithfully preventing as far as they shall be able one another's Damage II. In pursuance of this good Re-union the Cessation of all manner of Hostilities agreed on and Signed the 19th Day of Aug. of this present Year shall continue according to the Tenour thereof betwixt the said Kings their Subjects and Vassals as well by Sea and other Waters as by Land and generally in all places where the War is carried on by their Majesties Arms as well between their Troops and Armies as between the Garrisons of their several places and if any Contravention shall have happened to be committed contrary to the said Cessation by taking of any Place or Places whether by Attack or Surprize or by private Intelligence nay though Prisoners shall have been taken or other Acts of Hostility committed through some accident that could not be foreseen or by such Persons as could not foresee it contrary to the said Cessation of Hostilities such Contravention shall faithfully be repaired on both sides without delay or difficulty by restoring to the full whatever shall have been taken and delivering the Prisoners without Ransom or paying of Charges in such way that all things be restored in such manner to the same condition they were in on the said 19th Day of Aug. when the said Cessation was agreed and Signed the Tenour whereof shall be observed till the Day of the Exchange of the Ratification of this present Treaty III. All Causes of enmity or misunderstanding shall remain for ever extinct and abolished and whatever hath happened or been done by reason of the present War or during the same shall be put into perpetual oblivion so as for the future no inquiry shall be made into the same on either side directly or indirectly by Law or otherwise under any pretence whatsoever nor may their Majesties or their Subjects Servants and Adherents on either side express any manner of resentment of whatever offences may have been committed against them or dammages received by them during the present War IV. In contemplation of the Peace the Most Christian King immediately after the Exchange of the Ratifications of this present Treaty shall put into the Catholick King 's Power the Place and Fortress of Charleroy the Town of Binche the Town and Fortresses of Aeth Oudernard and Courtray with their Provostships and Castellanies Appurtenances and Dependancies in the same manner as his Catholick Majesty possess'd them before the War of the Year 1667. All which Towns and Places the Catholick King yielded to the said Most Christian King at the Treaty Signed at Aix la Chappelle the 2d of May 1668. from which this present Treaty doth expresly derogate for so much as relates to the said Towns and Places their Appurtenances and Dependances In pursuance whereof the said Catholick King shall take Possession of the same and enjoy them to him and his Successors fully and peaceably excepting the Verge of Menin and the Town of Conde which tho' heretofore pretended to by the Most Christian King to be a Member of the Castellany of Aeth shall nevertheless remain to the Crown of France together with all its Dependances by Virtue of this present Treaty as shall be said hereafter V. The said Most Christian King obligeth himself and promiseth to put likewise into the Hands of the said Catholick King immâ—diately upon the said Exchange of the Ratifications the City and Dutchy of Limburg together with all its Dependances the Country of Ontremeuse the City and Cittadel of Ghent with all its Dependances likewise the Fort of Rodenbus and the County of Waes the Town and Place of Leuve in Brabant together with its Dependances the Town and Place of St. Ghilain whose Fortifications nevertheless shall be rased and the â—own of Pucierda in Catalonia in the Condition it now is with their Countries Places Castles Forts Lands Lordships Demesns Bailiffwicks Appurtenances Dependances and Annexations without reserving or detaining any thing therein to be possessed by his Catholick Majesty and his Successors in the same manner he enjoyed them before the present War VI. The said Places Towns and Places of Charleroy Binch Aeth Oudernard and Courtray their Bailifwicks Castellanies Governments Provostships Territories Demesns Lordships Appurtenances and Dependances and all thereunto annexed by what Name soever called with all the Men Vassals Subjects Towns Boroughs Villages Hamlets Forests Rivers Champain Countries and all other things whatsoever thereunto belonging shall remain by Virtue of this present Treaty of Peace to his Catholick Majesty his Heirs Successors and Assigns irrecoverably and for ever together with the same Rights of Sovereignty Propriety Regalities Guardianship and Jurisdiction Nomination Prerogatives and Preheminencies over the Bishopricks Cathedral Churches and Abbies Priories Dignities Curacies and all other Benefices whatsoever situate within the said Countries Places and Bailiffwicks so yielded up to whatsoever Abbies the said Priories do appertain and belong and all other Rights that heretofore belonged to the Most Christian King though not particularly here expressed so as his Catholick Majesty shall not be troubled or molested for the future by any means whatsoever in Right or in Deed by the said Most Christian King his Successors or any Princes of his Family or by any other or upon any Pretence or Occasion that may happen in the said Sovereignty Propriety Jurisdiction Appeal Possession and Enjoyment of all the said Countries Towns Places Castles Lands and Lordships Provostships Demesnes Castellanies and Bailiffwicks together with all the Places and other Things thereon depending And to this end the said Most Christian King as well for himself as for his Heirs Successors and Assigns doth renounce quit-claim yield and transfer as his said Plenipotentiaries in his Name by this present irrevocable Treaty of Peace have renounced quit-claimed yielded and transferred perpetually and for ever in favour and to the behoof of the said Catholick King his Heirs Successors and Assigns all the Rights Actions and Pretensions Rights of Regality Patronage Guardianship Jurisdiction Nomination Prerogatives and Preheminences over the Bishopricks Cathedral-Churches and all other Benefices whatsoever situate within the said Places and Bailiffwicks so yielded up to whatsoever Abbies the said Priories did appertain and belong and generally without any reservation or with-holding all other Rights whatsoever that the said Most Christian King his Heirs and Successors have and challenge or may have and challenge for any Cause or Reason
whatsoever over the said Countries Places Castles Forts Lands Lordships Demesnes Castellanies and Bailiffwicks and over all Places thereon depending as hath been said notwithstanding any Laws Customs and Constitutions to the contrary notwithstanding though confirm'd by Oath From all which and from the derogating Clauses of derogating Clauses it is expresly derogated by this present Treaty in order to the said Renunciations and Cessions which shall be valid and take place without that the Particular expressing or specification of any one shall derogate from the General nor the General from Particular and excluding for ever all Exceptions upon what Rights Titles Causes or Pretences whatsoever grounded And the said Most Christian King declareth consenteth willeth and intendeth That the Men Vassals and Subjects of the said Countries Towns and Lands yielded to the Crown of Spain as aforesaid shall be and remain discharg'd and absolv'd from this time forward and for ever from the Faith Homages Services and Oaths of Allegiance that they may have made to himself or the Most Christian Kings his Predecessors as also from all Obedience Subjection and Vassalage which they owe him by reason thereof it being the Intention of the said Most Christian King that the said Faith Homages and Oaths of Allegiance shall be void and of no force as fully as if they never had been made or taken VII The said Most Christian King shall also cause to be restor'd to the said Catholick King all the Towns Places Forts Castles and Posts that have or may have been seized by his Arms in whatsoever Parts of the World to the Day of the Publication of the Peace And in like manner his Catholick Majesty shall cause to be restor'd to his Most Christian Majesty whatever Places Forts Castles and Posts may have been seized by his Arms during the present War in any Parts of the World unto the Day of the Publication of the Peace VIII The Restitution of the said Places as aforesaid shall be made by the Most Christian King or his Ministers Really and Truly without any Delay or Difficulty for any Cause or upon any Occasion whatsoever to him or them that shall be deputed by the Catholick King in Time and Manner aforesaid in the Condition they now are without Demolishing Weakening Diminishing or Endammaging the â—ame in any sort and without pretending to or demanding any re-imbursement for fortifying the said Places or for paying what might be due to the Soldiers and People of War there IX It is further agreed That all Proceedings Judgments and Sentences given and made by the Judges and other the Officers of his Most Christian Majesty in such Towns and Places as his Majesty enjoy'd by Virtue of the Treaty of Aix la Chapelle and quitted as above to his Catholick Majesty or by the Parliament of Tournay by reason of Controversies and Suits at Law prosecuted as well by the Inhabitants of the said Towns and their Dependances as by others during the Time they were under the Obedience of the said Most Christian King shall take place and be of as full Force and Effect as if the said King continu'd Master and actually possess'd of the said Towns and Countries Nor shall the said Judgments and Sentences be called in question or annull'd nor the Execution thereof be otherwise retarded or hindred nevertheless it shall be lawful for the Parties to seek Relief by Review of the Cause and Course of Law and Order prescrib'd by the Statutes yet so as the Judgments shall in the mean time remain in full Force and Virtue though without Prejudice to what is stipulated in that respect in the 21th Article of this present Treaty X. Whereas his Most Christian Majesty's Ministers after the Peace of Aix la Chapelle maintain'd at the Conference at Lisle That the Sluces both on the West and East-side of the Town of Newport and the Fort Vierboet at the end of the Western Sluce near the Mouth of Newport-Haven and one part of the Fort of Nieuven Dam built upon the Eastern Sluce with the Piers of the said Haven being kept in Repair by those of Furnes were within the Territory and Jurisdiction of the Castellany of Furnes and that consequently they belonged to his Most Christian Majesty And his Catholick Majesty's Ministers held the contrary that they did not and whether they did or did not that it ought to suffice that since the said Fortifications were made as well with respect to the Castellany of Furnes as to the Town of Newport his Catholick Majesty being a Sovereign Prince might Incorporate and Appropriate the said Parts thereof to the Haven and Fortifications of Newport and by that means make them inseparable from that Town It is agreed That the said Sluces and other Parts of the Fortifications of Newport above-mentioned shall remain to his Catholick Majesty as well as the Town it self without any Pretensions ever to be made to the same by his Most Christian Majesty by reason of the Town and Castellany of Furnes being his or otherwise And for the Draining of the Waters of the Castellany of Furnes it shall be continued and his Catholick Majesty shall enjoy the same in Manner and Form as hath been used till now XI The said most Christian King shall retain continue seized of and actually enjoy the whole County of Burgundy commonly called the Franche Comte and the Towns Places and Countries thereto belonging together with the Town of Bezaâ—con and the Liberties thereof and the Towns of Valenciennes and its Dependancies Bouchain and its Dependances Conde and its Dependances though heretofore pretended to be a Member of the Castellany of Aeth Cambray Cambresis Air St. Omer and their Dependances Ipre and its Castellany Warwick and Warneton upon the Lys Poperinghen Bailleul and Cassel with their Dependances Bavay and Maubeuge with their Dependances XII The said County of Burgundy the Towns Places and Countries thereto belonging together with the Town of Bezancon and the Liberties thereof as also the said Towns and Places of Valenciennes Bouchain Conde Cambray Aire St. Omer Ipres Warwik and Warneton Poperinghen Baileul Cassal Bavay and Maubeuge their Bailiffwicks Castellanies Governments Provostships and Territories Demesnes Lordships Appurtenances Dependances and all thereunto annexed by what Names soever called with all the Men Vassals Subjects Towns Boroughs Villages Hamlets Forests Rivers Plain-Countries Salt-Pits and all other Things whatsoever thereunto belonging shall remain by Virtue of the said present Treaty of Peace to his Most Christian Majesty his Heirs Successors and Assignes irrecoverably and for ever with the same Rights of Sovereignty Propriety Regality Patronage Guardianship and Jurisdiction Nomination Prerogative and Preheminence over Bishopricks Cathedral-Churches and other Abbies Priories Dignities Curacies and all other Benefices whatsoever within the Compass of the said Countries Places and Bailiffwicks so yielded up of what Abbies soever the said Priories hold Lands and have dependance upon and all other Rights that heretofore belonged to the Catholick King though not here