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
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
and it was said the late Marquess of Hallifax should say That they had now more Reason than ever to do it since the King had been so plain with them and discovered what he would be at But it did not pass so hastily with the Commons for they debated it Paragraph by Paragraph and because the Militia had not been so serviceable as the King would have them they Voted they would take it into Consideration how to make them more useful for the future and on the 16th of Nov. Addrest the King wherein they represented to him that they had taken his Speech and particularly that part of it relating to the unqualified Officers into their Consideration That for what was past they were preparing a Bill to pass both Houses for the Royal Assent to indemnifie them from the Penalty they had incurred by Law but because the Continuance of them in their Imployments might be thought to be a dispensing Power with that Law without Act of Parliament They therefore humbly besought him that he would be pleased to give such Directions therein that no Apprehensions or Jealousies might remain in the Hearts of his good and faithful Subjects But what do you think was the Consequence of this Address 'T was no other than first a Prorogation and then the Dissolution of the Parliament and the King left at Liberty to pursue his Designs in the best Methods he could for the Introducing of Popery and Arbitrary Power and where at present we leave him It s a long Step from England to Hungary I confess but there being no considerable Affairs in Motion now nearer Home we are necessitated to look so far and here to remind you first of the ill Success of the Imperial Army before Buda last Year which after such Repulses and so many Weeks Siege they were forced to quit at last And now we are to see whether they have not made a better Progress this Campaign to which End I am to acquaint you That the Duke of Lorain arrived in the Imperial Camp between Neuheusel and Barkan June 13 where after divers Consultations it was resolved at last formally to Besiege Neuheusel which in some measure had been block'd up ever since the Winter before In pursuance thereof the Army July 4 began a slow March towards the Place which had a good Garrison in it and is a large Fort situated upon a firm Foundation though the Plain about it is full of a Morass and Fenny Grounds which made the Town almost unaccessible as its Strength was almost invincible having 6 Bastions lined with a very good Stone-Work without which there was a vast Ditch of about 10 Foot deep and 20 broad The River Neutra runs on the East not above a Pistol shot from it as the Danube is on the South about 2 Furlongs distance and the River Schit on the West The whole Imperial Army with the Auxiliary Troops of Bavaria and Lunemburg being posted with some Difficulty about the Place the Trenches were opened July 11 at Night by 3000 Foot on whom the Besieged fired all along without doing any great Execution and by the 13th they were carried on within 50 Paces of the Ditch when they had also finished a Redoubt But next Day the Enemy made a Sally with a Party of Horse upon the Bavarian Guard yet were quickly beaten back into the Town with some Loss and that â—ight the Besiegers finished another Redoubt on the Left and the Line of Communication between the Trenches in the middle whereof they began to raise a Battery of 10 Pieces of Cannon and at the same time began a false Attack on the South opposite to the true one which gave the Besieged a Diversion that way On the 15th they played upon one another briskly with their Cannon and at Night the Besiegers got to the Ditch in several places both on the Right and Left but with considerable Loss and on the 16th the Imperialists began a new Battery against the Pallisadoes before the Gate which set fire to them and forced the Turks to abandon that Place They continued also their Works next Day and prepared Things to fill the Ditch to which End the Duke of Lorain ordered the Lunemburghers on the Left to cut a Canal to let the Water out of it into the Neutra when at the same time receiving Advice that the Turkish Army was marched towards Gran he sent Colonel Heusler out towards Vicegrade with a Body of Horse to get Intelligence and 500 Dragoons under the Count of Stirum to pass one of the Bridges near Comorra and to post himself near Gran and 5 Days after upon further Advice commanded the Dragoons of Bavaria and Brunswick together with the Imperial Dragoons making in all about 5000 Thousand under the Command of the Count de Lodron to march towards Comorra to cover the Bridges which his Highness had caused to be laid there over the Danube while he in the mean time bestirred himself with wonderful Activity to push on the Siege being every Day present in the Trenches and upon the Batteries to give all necessary Orders as being very desirous to be Master of this Place But notwithstanding all his Industry and the continued Advances that were made in the Siege the Turks defended themselves so well that the Month of July spun out and the Additional Presence and Assistance of Prince Waldeck and the Elector of Bavaria who by this time were got to the Camp were little enough to keep up the drooping Spirits of the Besiegers who began to be very much dejected with the frequent Losses they had sustained by the Cannon of the Place and the frequent Sallies of the Besieged and the Duke had not his End effected before he was obliged with the greatest Part of the Army to march and fight the Enemy For on the 1st of Aug. having received certain Advice that the 500 Foot he had detached under Major Rounkell had happily got into Gran but that the same day the Serasquier Basha with an Army of between 50 and 60000 Men had begun to besiege that Place he immediately thereupon called a Council of War where many were of Opinion that the Governour of Gran being so well provided that he could easily defend the Town for two Months it were their best way vigorously to pursue the Siege of Newheusel and not to meddle withthe Turkish Army till they had something weakned themselves before Gran But the Majority concluded it most advisable to march with the greatest part of the Army to fight the Turks and to leave a sufficient Body to carry on at the same time the Siege of Newheusel Whereupon an Officer was sent to Vienna to acquaint the Emperor with the said Resolution who returned again on the 3d to the Camp with the Emperor's Approbation of what they had resolved on The Duke in the mean time having ordered several Retrenchments to be made for the greater security of those that
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
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
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
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
the Hearts of the Most High Most Excellent and Most Potent Prince Lewis XIV by the Grace of God Most Christian King of France and Navarre and the Most High Most Excellent and Most Potent Prince Charles II. Catholick King of Spain who desiring cordially and as much as in them lies to concurr toward the Re-establishment of the Publick Tranquility and more-over not having any other Design than to render it solid and perpetual by the Equity of the Conditions their said Majesties unanimously consented to submit for that purpose to the Mediation of the Most High Most Excellent and Most potent Prince of Glorious Memory Charles XI by the Grace of God King of Sweden the Goths and Vandals c. but sudden Death having cross'd the Hope which all Europe had conceiv'd of the happy Issue of his Counsels and his good Offices their said Majesties persisting still in a Resolution as soon as might be to stop the Effusion of so much Christian Blood believed they could not do better than still to acknowledge in the same Quality the Most High the Most Excellent and Most potent Prince Charles XII King of Sweden his Son and Successor who on his part has continu'd the same Cares for the advancing of the Peace between their Most Christian and Catholick Majesties in the Conferences that have been held at the Castle of Ryswick in the Province of Holland between the Extraordinary Embassadors and Plenipotentiaries appointed on both sides That is to say on the part of his Most Christian Majesty the Sieur Nicholas Augustus de Harlay Knight Lord of Bonneuil Count de Cely the King's Counsellor in Ordinary in his Council of State the Sieur Lewis Chevalier Verjus Count de Crecy the King's Counsellor in Ordinary in his Council of State Marquiss de Freon Baron of Cauvay Lord of Boulay the two Churches of Fort Isle du Muillet and other Places and the Sieur Francis de Callieres Knight Lord of Callieres de la Rochellay and Gigny and on the part of his Catholick Majesty Senior Don Francisco Bernardo de Quiros Knight of the Order of St. James the King's Counsellor in his Royal and Supream Council of Castille and the Sieur Lewis Alexander de Stockart Count of Tirlemont Baron de Gaesbeke Counsellor in the Supream Council of State for the Low Countries at Madrid in the Councils of State and Privy-Council within the said Countries who having first implor'd the Assistance of Heaven and respectively imparted their full Powers Copies of which shall be inserted Word for Word at the end of this present Treaty and duly exchang'd 'em by the Interposition and Mediation of the Sieur Nicholas Baron de Lilienrâ—â— Embassador Extraordinary and Plenipotentiary of his Majesty the King of Sweden who has discharg'd his Office of Mediator with all requisite Prudence Capacity and Equity they agreed for the Glory of God and the Good of Christendom upon the Conditions following I. It is agreed and consented That for the future there shall be a good firm and lasting Peace Confederacy and perpetual Alliance and Amity between the Most Christian and Catholick Kings their Children born and to be born Inheritors Heirs and Successors their Kingdoms States Countries and Subjects that they shall reciprocally love each other like Brothers procuring to the utmost of their Power the Good Honour and Reputation of each other sincerely and as much as in them lies avoiding what-ever may cause the Damage either of the one or the other II. In pursuance of this Peace and good Union all Acts of Hostilities shall cease between 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 has been carry'd on by their Majesties Arms as well between their Armies as between the Garrisons of their Strong Holds and if it were transgress'd by the taking of one or several Places either by Attack by Surprize or by Correspondence or if any Prisoners were taken or if any other Acts of Hostility were committed by Chance or otherwise the Breach shall be sincerely repair'd on both sides without scruple or delay restoring without Dimunition what shall have been possess'd and delivering the Prisoners without Ransom or Payment of Charges III. All Causes of Enmity or Misunderstanding shall be extinguish'd and abolish'd for ever There shall be on both sides a perpetual Oblivion and Amnesty of what-ever has been done during this present War or by reason thereof so that there may be no Prosecutions on either side directly nor indirectly upon any Pretence what-ever nor shall their said Majesties their Subjects Servants nor Adherents testifie any Resentment nor pretend to any sort of Reparation IV. The Strong Holds Gironne Roses and Belver shall be restor'd and left in Possession Demesne and Soveraignty of his Catholick Majesty as they were when taken with the Artillery which was found there at the same time and in general all the other Cities Strong Holds Forts Places and Castlewicks which have been possess'd during this War by his Most Christian Majesty's Arms and since the Treaty of Nimeguen within the Principality of Catalogna or other where in Spain their Appurtenances Dependencies and Annexes shall be restor'd in the Condition as now they are without retaining reserving weak'ning or impairing any thing Also the City of Barcelona Fort and Fortifications thereupon depending with all the Artillery shall be surrender'd back into the Power Demesne and Soveraignty of his Catholick Majesty in the Condition wherein the whole was found at the Day of taking thereof with all Appurtenances Dependencies and Annexes V. The City and Fortress of Luxemburg in the Condition as it is now without demolishing changing or weak'ning any thing or impairing the Works Forts or Fortifications thereof together with all the Artillery that was there at the time of taking as also the Province and Dutchy of Luxemburg and County of Chiny in all their Consistencies and all that they comprehend with their Appurtenances Dependencies and Annexes shall be sincerely and faithfully restor'd and surrender'd back into the Power Demesne Soveraignty and Possession of the Catholick King for the said King to enjoy as he did or might do then and before the Treaty of Nimeguen without detaining or reserving any thing but what was yielded up to his Most Christian Majesty by the preceding Treaty VI. The Fortress of Charleroy shall be likewise surrender'd back into the Power and under the Soveraignty of his Catholick Majesty with its Dependencies in the Condition it now is without breaking demolishing weak'ning or impairing any thing as also the Artillery that was at the time when it was taken VII Also the City of Mons the Capital of the Province of Hainault with the Works and Fortifications belonging to it shall be restor'd to the Soveraignty Demesne and Possession of his Catholick Majesty in the Condition as they are now without breaking demolishing weak'ning or impairing any thing together with the Artillery which was there
so growing a Posture that such a Tripple Conjunction seemed only seasonable upon this Account in that the same tended to our Safety But by what Methods these our Neighbouring-Nations have attained to that Greatness it will be necessary to enquire into And first we shall begin with Spain which upon the Declension of the Roman Empire fell into the Share of the West-Goths and other barbarous Nations who for a Time laboured under the same Inconveniencies of a divided Dominion as the Saxons did in Britain But towards the Year 586 their Empire was arrived to the highest Pitch of Greatness as comprehending not only the Neighbouring-Provinces of France and part of Mauritania in Africa but also all Spain except a small Part possessed yet by the Romans who held not that long neither From thence the Gothick Empire declined apace and all fell into the Hands of the Saracens But their Affairs began to revive again about the Year 726 and one Pelagius who was said to have been descended from the Race of the Gothick Kings prevailed mightily both against the Moors and Saracens as divers of his Successors did also However these turmoiled Times gave Original to several Kingdoms within the Boundaries of Spain For besides the Kingdom of Oviedo or Leon which were all one in Effect there arose also others as those of Navarre Arragon and Castile But all these Kingdoms which also professed Christianity were united in the Person of Sanctus Major II. whereby an Opportunity was given the Christians to root out the Moors now divided amongst themselves and to restore Spain to its ancient State yet Sanctus tho' otherwise a brave Prince had no more Wit than to divide them amongst his Sons and gave each of them the Title of King These not being able to confine themselves to their respective Proportions made War upon one another with various Success as it gave the Moors also some Advantage in their Proceedings till in a manner all was united again under Alphonso VIII who play'd the same Trick of dividing Castile Leon and Gallicia between his 3 Sons so that they and their Successors had so much to do with the Moors within Spain and such mutual Jealousies of one another that they could be able to do little any where else under the Notion of Conquest Things were at length brought to such a pass that Spain to say nothing of Portugal and the Kingdom of the Moors in Granada was reduced into Two Kingdoms only to wit Arragon and Castile and these again were united by the Marriage of Ferdinand the Son of John II. King of Arragon whom his Father had declared King of Sicily to Isabella Sister to Henry IV. King of Castile By this Conjunction Spain became mighty Powerful And Ferdinand after he had set his Affairs in Order began now to entertain great Thoughts And well knowing it would be in vain to undertake any Thing Abroad while he had a powerful Enemy within the Body of Spain it self at his Door he undertook an Expedition against the Moors of Granada which cost him so much Time and Expence to conquer being no less than 10 Years engaged in the Work that he could perhaps have sat down contented herewith at least for a time had not something else fallen in his way But Ferdinand by aiming to make sure of his Conquest deprived his Country in some succeeding time of the Benefit of it for he thereupon banished no less than 170000 Families of Jews and Moors out of Spain and thereby dispoiled his Country not only of vast Riches but a great Number of Inhabitants wherein consists the Power and Support of a Nation But whatever Designs Ferdinand might after a little breathing Time have concerted to have undertaken Abroad now he was freed from the Evil that had hitherto diverted him from any Foreign Expedition the French who now found themselves under the same Circumstances as being rid of the English that had stuck so long and so close upon the Skirts of them as not to be able to move elsewhere thought to be before-hand with Ferdinand in the Reduction of the Kingdom of Naples which the other notwithstanding they gave him up Rousillion in order at least to let them proceed unmolested being not able to brook it came to an open Rupture And after divers Conflicts Ferdinand carried the Day and with it the Kingdom of Naples to which if we add the Discovery of America and the rich Mines there about this time and the Kingdom of Navarre which Ferdinand possest himself of upon the Pope's Excommunicating John d' Albret King of that Country at the other's Instigation we shall find this Monarchy grown to a prodigious Grandeur In this State Ferdinand left it to his Grandson Charles who being as well elected Emperor of Germany as he was Hereditary King of Spain and withal a very active Prince Tho' he did very great Things whilst he held the Rains of Government yet it may still seem a Wonder he had not done much more This was indeed an Age fruitful for several brave Princes and here I cannot but admire the Wisdom of God that this Charles V. who was so vastly Potent should have for his Cotemporaries a Harry VIII in England a Francis I. in France and a Solyman the Magnificent in Turky who were all Men of great Souls as well as Power and especially the last of them not inferior to Charles upon any account However such was the Conjuncture that Charles to his vast Dominions added still more by routing Francis and taking him Prisoner and thereby bringing him to make a Surrender of the Dutchy of Burgundy to renounce the Sovereignty over Artois and Flanders and to quit all his Pretences upon Naples and Milan which last the French had for some time been in Possession of But Francis having got his Liberty disclaimed the Agreement and this occasioned a new War which ended in Francis his being forced to confirm the Main of the said Treaty and left Charles at Liberty to add to the Conquests his Grand-father Ferdinand had made in Africa of Bugia and Tripolis that of Tunis and Goletta to which if we add the Sovereignty of Vtrecht of the Provinces of Over Issel Geldren Zutphen Groninghen c. consigned about this Time into his Hands it must still be allowed a mighty Accession of Strength to that vast Empire Wherefore to compleat as he thought his great Work of attaining to an Universal Monarchy in these Western Parts he cunningly lays aside the Contest about the Divorce between Henry VIII King of England and his Aunt Katharine and entred into a League with the said King of invading France the Emperor by the Way of Champaigne and the King thro' Picardy to compleat the Conquest of that Noble Country In order to which the Emperor advanced as far as Espernay which occasioned such a Terror and Confusion in Paris that the Citizens were for leaving the City if the King by his Presence had not incouraged them
about the latter End of Sept. surrendred up to the Imperial Army for want of Provisions having been blocked up and besieged from the Beginning of June And this indeed happened as much against the common Opinion and Expectation as the contrary Event did in the Siege of Maestricht The Affairs of Denmark and Brandenburg prospered all this while against Sweden who was in Alliance with France and that with much Advantage in most of the Sieges and Encounters that passed between them this Summer and the first part of the succeeding Winter So that the Swedes seemed to be losing apace all that they had been so long in Possession of in Germany But the Imperial Forces tho' joined with those of the several Princes upon the Vpper Rhine had for all that made but little Progress in their designed Conquests there and were forc'd to seek their old Winter-Quarters upon the German side of the River which was no less a true and indisputed Decision of the small Success of this Campagne than it was a powerful Motive to incline some of the Confederates to think more seriously of a Peace and particularly the Dutch who began now to grow very impatient after it especially in that they found France would make no great Difficulty in granting them any thing in Contest between them seeing they privately made Offers by their Emissaries especially at Amsterdam of such a Reglement of Commerce as they themselves could wish for the Restitution of Maestricht and all the Satisfaction imaginable to the Prince of Orange that he could pretend to upon the account of his Losses and their Seisure in the Course of this War year 1677 To return therefore to the Business of the Peace It was about the middle of Feb. 1677. N. S. before the Assembly was compleatly formed the King of England's single Mediation by all Parties accepted and that of the Pope's finally rejected the several Acts signed put into the Hands of the Mediators and by them exchanged among the several Parties And all these Preliminaries of the Treaty being thus dispatch'd the respective Embassadors did also by Agreement put into the same Hands their several Propositions or Pretensions which on the Emperor's part were That the King and Kingdom of France should restore to him and to the Empire and to all his Allies whatever they had taken from them during the Course of this present War make Reparation for all the Damages they had suffered and that a Peace should be established upon the best and surest Grounds that could be devised France in theirs seemed to demand little of the Empire only they said That the King having desired nothing more passionately than the Religious Observation of the Treaties of Westphalia his Majesty would gladly see Germany a second time owe the Re-establishment of its Repose to the Observation of the same Treaties and for that Effect he demanded they might be fully and entirely re-established The Spaniards insisted upon the Restitution of all the Places they had lost and Reparation for all the Damages they had sustained from France since the Year 1665 whether by Sea or Land by demolishing burning or otherwise and that the French King should give compleat Satisfaction to all the Confederates and by three different Articles demanded the same thing of the Swedes Whereas France on the other side said That their King being contrary to Justice and the Obligation of the Treaty of Aix la Chapelle attack'd by the Catholick King his Majesty had reason to pretend that in respect to that Crown all things should remain in the Condition the Fortune of War had put them without Prejudice to the King 's Rights which were to continue still in full Force and Power The Danes insisted That France should give them compleat Satisfaction and reimburse all the Charges of the War and by Four Articles required of the Swedes That betwixt the Two Kings and Two Kingdoms all Things should be restored in the same State they were in before the War that was ended between the Two Nations by the Treaties of Westphalia That the Treaties of Rochilde and Copenhagen should be abolished That all the Provinces which had been dismembred from Denmark and Norway should be restored to the Danes That all that the Swedes possess'd in the Empire should be taken from them That Wismar and the Isle of Rugen should remain in the Possession of the Danes And that for the Security of his Danish Majesty and his Kingdoms they might be allowed to put Garrisons into all the strong Places of Sweden that lay upon the Frontiers of the Two Kingdoms But France on her side proposed That seeing the King had not declared War against the King of Denmark but that his Danish Majesty running contrary to the Treaty of Copenhagen made in the Year 1660 for Performance whereof the King was Guarrantee had attack'd Sweden his most Christian Majesty was willing to desist from all Hostilities on his part provided that the foresaid Treaty and those of Westphalia were re-established As to what concerned France and the States-General tho' in truth Things were as good as agreed between them before the latter demanded that Maestricht Dalen Fangumont with all the Dependancies of the first should be restored to them A Reglement of Commerce with a Renunciation of all Pretensions each Party might have upon the other And as for the greater Damages they had sustained and whereof they might demand Reparation they were willing for the publick Tranquility to sacrifice them all provided Satisfaction might be given to their Allies To this were added Sixteen Articles concerning a full Satisfaction to be made the Prince of Orange in regard to what depended on the Crown of France and particularly the Restauration of the Fortifications of the City of Orange that were ruined in the Year 1660 and of the Castle demolished in 1663 the Rights of Toll upon Salt and other Commodities as well upon the Rhosne as through the Principality of Orange the Prerogative of Coining Money of Laick Patronage for Nomination to the Bishoprick together with the Exemptions Priviledges and other Immunities granted to the Inhabitants of the said Principality and particularly by Lewis XIII And as for Sweden they required no more but that the future Treaty might contain some Regulations for obviating the frequent Inconveniencies that happened concerning Commerce between the Two Nations To which France on her part answered That seeing the Union that had always been between the Crown of France and the States was only interrupted upon account of some Causes of Discontent which were easie in the present Posture of things to be removed and for the future prevented His Majesty was very ready to restore the States to his former Amity and to hearken favourably to all Propositions that might be made to him on their part both in respect to their Demands of Restitution Treaty of Commerce and the Re-establishment of the Prince of Orange tho' the French Embassadors occasionally opposed
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
for the Carriage and Conveying away the said Artillery and Ammunition Also the Officers Souldiers and others that shall leave the said Places may take thence and carry away their moveable Goods but without exacting any thing from the Inhabitants of the said Places and of the Plain-Country or endamaging their â—ouses or taking away any Thing whatsoever belonging to the said Inhabitants XVIII The Levying of Contributions demanded on both sides in Countries now subjected thereunto shall continue for all that shall become due to the 16th of Octob. next and the Arrears that shall remain due at the time of the Ratification aforesaid shall be paid within 3 Months after the Expiration of the said Term and no Execution shall issue in the mean time against the Communion indebted provided they give good and solvent Bail of Persons residing in some Town within that King's Dominions to whom such Contributions shall be due XIX It is also agreed that the Most Christian King's Reception of the Profits whereof he is in possession within all the Countries that he gives back and restores to the said Catholick King shall continue to the Day of the actual Restitution of the Places to which such Countries do belong and what shall remain due at the time of the said Restitution shall be truly paid to the Farmers and also that within such time the Proprietors of Woods confiscated within the Dependences of the Places that are to be restored to his Catholick Majesty shall return to the Possession of their Estates and of all the Wood that shall be found upon the Place provided that from the Day of Signing this present Treaty all cutting of Wood shall cease on both sides XX. All Papers Letters and Writings concerning the Countries Lands and Lordships that are yielded and restored to the said Kings by this present Treaty of Peace shall be truly produced and delivered on both sides within 3 Months after the Ratifications of the present Treaty shall have been exchanged in what place soever such Papers and Writings are even those that were taken out of the Cittadel of Gendt and out of the Chamber of Accounts at Liste XXI All Subjects on both sides as well Ecclesiastical as Secular shall be settled in the Enjoyment as well of such Honours Dignities and Benefices as they were provided of before the War as of all and singular their Goods movable and immovable Estates for Life and Mortgages seized and possessed since the said time whether by reason of the War or for siding with the other Party together with all Rights Actions and Inheritances fallen to them even since the War began but not so as to demand or pretend to the mean Profits and Revenues accrued and grown due since the Seizure of such immovable Goods Rents and Benefices and before the Day of the Publication of this present Treaty XXII Nor likewise to such Debts Effects and Movables as shall have been confiscated before that Day so as neither the Creditors of such Debts or Depositaries of such Effects their Heirs nor Assigns may sue for or pretend to recover them Which Reestablishments in manner aforesaid shall be extended in favour of those that have taken the contrary part so as to restore them by means of this present Treaty to the Favour of their King and Sovereign Prince and the Possession of such of their Goods as shall be found in being at the Conclusion and Signing of this present Treaty XXIII And such Re-establishment of the Subjects on both sides according to the Contents of the 21th and 22th Articles shall take Effect notwithstanding any Gifts Grants Declarations Confiscations Forfeitures Sentences preparatory or definitive given for Contumacy in absence of the Parties or without hearing them all which Sentences and Judgments shall be void and of none effect as if they had not been given or pronounced and the Parties at liberty to return to the Countries from whence they departed personally to enjoy their immovable Goods Rents and Revenues or to settle their Aboads elsewhere wehre they will themselves at their own Choice and Election without being under any Constraint in that respect and if they shall chuse rather to live elsewhere they may depute and appoint such unsuspected Persons as they shall think fit for the Disposition and Enjoyment of their Goods Rents and Revenues but not with relation to Benefices requiring Residence which must be served and administred in Person XXIV Such as have been provided on either side of Benefices which were at the Collation Presentation or other Disposition of the said Kings or others whether Ecclesiasticks or Laicks or have Provisions from the Pope of any Benefices within the Obedience of either of the said Kings by whose Consent and Allowance they have enjoyed the same during the War shall continue in the Possession and Enjoyment of such Benefices for their Lives as well and duly thereof provided but without any future Prejudice to the Rights of the lawful Collators who shall enjoy and use the same as they did before the War XXV All Prelates Abbots Priors and other Ecclesiastical Persons that before or during the War have by the said Kings been nominated to Benefices or provided thereof which their Majesties were in Possession of a Power to provide or nominate before the Breach between the two Crowns shall be maintained in the Possession and Enjoyment of such Benefices without Disturbance for any Cause or upon any Pretence whatsoever And also in the free Enjoyment of all such Goods as shall be found to have anciently belonged thereunto and of the Right of Collating to the Benefices thereunto belonging wheresoever such Goods and Benefices are situated Provided always that such Benefices be supplied with Persons able and quality'd according to the Rules observ'd before this War So that hereafter no Administrators shall be sent on either side to govern the said Benefices and receive the Profits thereof which shall not be enjoyed but by Titularies lawfully provided And also all such Places as heretofore acknowledged the Jurisdiction of the said Prelates Abbots and Priors wheresoever situated shall acknowledge the same for the future if their Right appear to have been anciently settled although the said Places should fall out to be within the Extent of the other Princes Dominion or depend upon some Castellanies or Bayliffwicks belonging to the other Party XXVI It is Agreed and Declared That no part of the Pyrenean Treaty is hereby intended to be revoked but what concernâ— Portugal with which the Catholick King is now at Peace nor any part of the Treaty of Aix la Chappelle but for so much as shall be otherwise disposed in this present Treaty by the yielding up of the Places aforesaid so as the Parties shall neither acquire any new Right nor incur any Prejudice to their respective Pretensions to any thing not expresly mentioned in this present Treaty and consequently whatever was stipulated by the Pyrenean Treaty concerning the Interest of the Duke of Savoy and
the Power of the late most Serene Infanta Catherina shall be observed without any hurt or prejudice by this particular Clause to the general Stipulation in this present Article concerning the Performance of the said Pyrenean Treaty and that of Aix la Chappelle XXVII Though their most Christian and Catholick Majesties contribute all their Cares towards the setling a General Peace and that so fair a Way towards it as that of a General Truce gives them Hopes that a Conclusion of whatever may secure the Quiet of Christendom will speedily ensue yet since the said most Christian King doth insist upon it that the Catholick King shall oblige himself not to assist any of the Princes that are now engag'd in War against France and its Allies his Catholick Majesty hath promised and doth promise to observe a perfect Neutrality during the Course of this War without being at Liberty to assist his Allies directly or indirectly against France or its Allies XXVIII And whereas their most Christian and Catholick Majesties do acknowledge the powerful Offices which the King of Great Britain has contributed without intermission by his Counsels and good Advertisements toward the Publick Safety and Repose it is agreed on both sides That his said Majesty of Great Britain and his Kingdoms shall be expresly comprehended in this present Treaty after the best Form that can be XXIX Within this Peace Alliance and Friendship on the part of his most Christian Majesty besides the King of Sweden together with the Duke of Holstein the Bishop of Strusburg and Prince William of Furstemburg as concern'd in the present War shall be comprehended if they please themselves all those that having refused to engage or declare themselves in this present War shall be nominated within 6 Months after the Exchange of the Ratifications XXX And on the one part of his Catholick Majesty shall likewise be comprehended if themselves please all such as having forborn to engage or declare themselves in the present War shall be nominated within 6 Months after the Exchange of the Ratifications and all others that after the said War ended shall likewise be nominated by his said Catholick Majesty XXXI The said most Christian and Catholick Kings do agree That all Potentates and Princes that shall be willing to enter into the like Obligation may give their Majesties their Promises and Engagements of Warranty as to the Execution of whatever is contain'd in this present Treaty XXXII And for the greater Security of this Treaty of Peace and of all the Points and Articles therein contained the said present Treaty shall be published attested and registred in the Court of the Parliament of Paris and in all other Parliaments of the Kingdom of France and in the Chamber of Accounts at Paris And also the said Treaty shall be published attested and registred as well in the Great and other Councils and Chambers of Account of the said Catholick King in the Low-Countries as in the other Councils of the Crowns of Castile and â—â—ragon according to the Form contained in the Pyrenean Treaty of the Year 1659. of which Publications and Enrollment Exemplifications shall be delivered on both sides within 3 Months after the Publication of this present Treaty All which Points and Articles above expressed and the Contents of every of them have been Treated Agreed Passed and Stipulated between the said Embassadors Extraordinary and Plenipotentiaries of the said most Christian and Catholick Kings which Plenipotentiaries by Virtue of their Powers the Copies whereof are inserted at the bottom of this present Treaty have promised and do promise under the Obligation of all and every the Goods and Estates present and to come of the Kings their Masters that they shall inviolably be observed and fulfilled and that they will cause them to be ratified firmly and simply without addition of any thing thereunto and to produce the Ratifications thereof by Letters Authentick and Sealed wherein all this present Treaty shall be inserted verbatim within 6 Weeks to be accompted from the Day of the Date of this present Treaty or sooner if possible And the said Plenipotentiaries have promised and do promise in their said Kings Names that after the producing the said Letters of Ratifications the said Most Christian King as soon as possibly he can shall in the Presence of such Person or Persons as the Catholick King shall be pleased to depute swear solemnly upon the Cross the Gospel and Canons of the Mass and upon his Honour fully really and truly to observe and fulfil all the Articles contained in this present Treaty And the like shall be done as soon as possible by the said Catholick King in the Presence of such Person or Persons as the said Most Christian King shall be pleased to depute In witness or all which the said Plenipotentiaries have subscribed this present Treaty with their own Names and have caused their Seals of Arms to be set thereto Nimeguen the 17th of Sept. 1678. Le M. Dâ— Estrades Colbert De Mesmes D' Avaux Pabla Spâ—nola Doria Conde de Benazuza Marquesse de la Fuente Jean Baptiste Christin Thus you see France was left in Possession of the Peace with Holland and Spain and consequently Master of that of the Empire and of the North upon her own Terms and England left to busie it self about that Popish Fire that was breaking out at home the Stream whereof the Court perhaps designed to have diverted by a Foreign War in Conjunction with the Confederates against France on which they were now as eagerly bent as they seemed at any time before indifferent thereunto however of this we shall say nothing at present but prosecute in as concise a manner as we can the remaining Paces that were made together with the interâ—ening Accidents that happened for putting an End to the rest of the War After tâ—e Peace with Spain was Signed and that with Holland Ratified tho' the Embassadors of the Emperor at Nimeguen were sullen and those of Denmark and Brandenburg enraged yet by the Application of the Dutch Embassadors the Conferences were set on foot between them and the French But how enraged soever the Northern Confederates seemed to be they were now more inclined than ever to consent to a Truce tho' to this the Swedes would not absolutely agree For Pomerania they would willingly accept it because they had reason to fear that the great Losses they had there sustained might be followed by more considerable ones but they were not for it in Schomen where their Affairs were in a better Posture by their taking of Christianstadt which at last after much Difficulty they diadâ—made themselves Masters of However the Losses they sustained in Pomerania were of far greater Concern to them than all they pretended to gain elsewhere And notwithstanding the Death of the Bishop of Munster was a Mortification to the Confederates yet Denmark and Brandenburg go on vigorously with their Preparations against the Isle of Rugen and the Elector
Sweden two Days after The Danish Embassador was so enraged at this Peace that he scrupled not the Day after to express his Discontent publickly at the House of the Mareschal de Estrades saying and several times repeating the same That if the French King pleased he had sufficient Authority to conclude a League with him and to get it ratified by his Danish Majesty who would oblige himself to make War against the Emperor in what Manner and for as long a Time as his most Christian Majesty should desire him But this Heat blowing over and finding there was no reliance upon the Disputes that happened and Doubts that did arise between the Imperial and French Embassadors between the Signing and Ratifying the Treaty so as to hinder the Effect of the latter they began to think of another Way Wherefore M. de Meyeâ—kron the Danish Envoy at the Hague had upon a View and Foresight how Things were like to go some Time since made some distant Overtures to the French Minister there for an Accomodation but now he seemed to quicken his Pace and to appear very willing to have managed a Negotiation with the Count d' Avaux yet the Offers were still so general that they gave but little Ground for a positive Answer at leastwise the French Embassador would have it so And therefore he made Answer in the same Manner as the other French Embassadors had done at Nimeguen that in order to a more favourable Hearing the King of Denmark must begin by releasing the Swedish Soldiers who since the Time they were Shipwrack'd upon the Isle of Barnholm were not only detained Prisoners contrary to the Priviledges of the Passports which they had but likewise exposed to Violence which they daily suffered on Design to make them engage in the Danish Service or at leastwise forsake that of Sweden That the King of Denmark should by so doing purge himself of that Shipwrack which the French King was nevertheless inclined to attribute rather to Chance and the mistake of the Pilots than any premeditated Design but that in the mean time the Inhumane Manner of detaining and using those Forces could not but be thought very strange The Duke of Brandenburg also on his part being willing to neglect nothing that might procure him the desired Satisfaction had sometime since got leave for Mr Meinders his Envoy to go into France to 〈◊〉 what could be done on that side to bring things to an amicable Composure and somewhat in his Favour But finding Matters did not answer his Expectation he now endeavours to imbroil the Affairs of the Empire in the Treaty with France and Sweden by Virtue only of the Conclusion of the Diet at Ratisbon 13th May 1677 The Embassador of Brandenburg produced a Copy of it at Nimeguen with a new Protestation alledging That that Conclusion of the Empire was not conform to the Sense that was put upon it in the 36th Article of the Emperor's Treaty with France and in the 12th of that of the Emperor 's with Sweden and that the Imperial Embassadors were so far from having by that means any sufficient Authority to Treat in the Name of the whole Empire that on the contrary the Emperor himself was thereby required to conclude nothing at Nimeguen without first submitting the same to the Deliberation of the Diet and that the Embassadors of his Imperial Majesty by adding in these Articles That all or any Protestations that might be made in the Empire against that Peace were to be void and of none effect had in so doing committed the greatest Violation and manifestly contravented the Golden Bull the Imperial Capitulations Constitutions of the Empire and the very Treaties of Westphalia on which they now pretended to settle the Peace of the Empire But this did no good neither yet the Disappointment thereof was nothing near so surprizing to the Elector as the French King by his Embassadors declaring on the 24th of Feb. to Sir Lionel Jenkins the English Mediator That if within the Month of March the King of Denmark and Elector of Brandenburg did not give full Satisfaction to Sweden his Majesty should be free then to demand new Conditions which would be That Leipstadt should be restored to the Elector of Cologne and that both those Princes should pay to his Majesty all the Charges of the War and that at a time too when his Arms had been very successful as having just then forced the Swedish Troops to quit Prusia and with Precipitation to retreat into Livonia much harrassed with Sicknesses and long Marches as well as Losses in several Skirmishes with Parties of the Elector's Forces which made the demanded Restitutions for Sweden still the harder to go down with the Elector and his Ally the King of Denmark And partly from these Considerations most of the Powers at Nimeguen and even the Mediators themselves openly declared That the entire Restitution of all that the Swedes had lost during the War would be an insuperable Obstacle to the Peace To this it was further added That it was not to be expected that Sweden would make too much haste to put an end to the War since the 800000 Crowns Subsidy which that King had allowed him by France were better to him than the Revenues of Pomerania and all that he possess'd in Germany and that if the French King did not by his Interest and Authority make the Peace of Sweden that Crown would never make the least Advance towards it especially so long as it was so well supported by the Men and Money of France Insomuch that the Mediator and the Embassadors of all the other Princes who had made Peace perceiving that the Month of March which the French King had set as the longest Delay to the Elector of Brandenburg was drilled on in Debates and Disputes in Writing without any serious Application to the promoting of the Peace They could think of no better Expedient for the present than to procure a Cessation of Arms during all the following Month not doubting but in that time all the Difficulties which obstructed the Conclusion of the General Peace might be removed This Motion was agreed to by the French provided the Embassadors of Denmark and Brandenburg accepted of it without Delay To which they said It was neither the Fault of them nor their Allies that that Truce was not granted at the Time that they Signed the Peace with the Emperor according to the Offers that were then made them But another Circumstance added by the French Embassadors to their Declaration viz. Of the Instances which they said were made to them by the Bishop of Gurk one of the Imperial Embassadors in the Name of the Embassadors of Denmark and Brandenburg for a Suspension of Arms made these two latter think themselves so sensibly touched in their Honour that they took a great deal of Pains to make the contrary appear affirming They had never either desired or rejected the Cessation of Arms but nevertheless that they
might remit nothing that might have any probability of tending to promote the Peace they accepted the Truce upon such Conditions as should on both sides be agreed on At length this Procedure and some little Contests ended in Signing a Treaty of Truce the last Day of March at Nimeguen to continue to the 1st of May. The Truce being thus Signed instead of advancing the Negotiation did on the contrary stop the Course thereof during the whole Time it lasted because the French Embassadors sticking immoveable to their Declarations there was no more to be said so that the two Princes who remained still in the War thought it more adviseable to Negotiate the Peace in France and gave their Envoys Mr. Meinder and Mr. de Mayerkron the last whereof had Orders to go thither from Holland without delay their Instructions accordingly but with as little Success as before either there or any where else so that the French Forces that were in the Country of Cleves and Juliers finding the Truce expired were so forward as not to slip any opportunity and therefore were ready on the 1st of May to pass the Rhine year 1679 over which they had made a Bridge at Ordinghen General Spaen who commanded the Troops of Brandenburg made a shew as if he designed to oppose their Passage with the few Soldiers and Trained-Bands he had with him on the other side of that River But finding the French Army had passed it on flying Bridges above and below Augerarts at the Confluence of the Auger and the Rhine he thought fit to Retreat and the Consequence of that was That that General and the Elector's Embassador procured a Conference with Monsieur Colbert to be held at Santhen a little Town 3 Leagues from Wesel Thither Mr. Blaspiet and General Spaen went as did also M. Colbert the 3d of the same Month the last having ordered Calvo who commanded the French Forces to be also present to the End that according to the Success of the Negotiation he might desist or pursue the Enterprize he had had in View Here it was agreed between them that the Truce should be prolonged for 15 Days more to begin the 4th of the Month which lengthened out the Cessation of Arms till the 19th but upon Condition that Wesel and Leipstadt should be put into the French King's Hands to be kept by him until the Peace betwixt his Majesty and his Allies on the one side and his Electoral Highness on the other should be Signed and Ratified which the Elector was so far from making a Difficulty to grant that he offered even to put Skinkenseance into his Power also as thinking perhaps by this extraordinary piece of Confidence to bring the King to be more easie in the Peace of the North and this not long after he also seconded by a Letter to the said Monarch written in so Excellent a Strain that not being willing to attempt to express the Force of it by way of Abstract I shall give the Reader an exact Copy of it POSTDAM May 16. 1679. My Lord IT is impossible but that your Majesty according to the Great Wisdom wherewith God has endowed you does easily perceive the Moderation and Justice of my Pretensions And it being so that you must offer Violence to that Generosity and Greatness of Soul which is natural to your Majesty in forcing me to Conditions of Peace that are not only injurious to me but ignominious also God who is Just seeing the Righteousness of my Cause hath prospered my Arms with the Conquest of all Pomerania and your Majesty makes me give back the greatest part of it which I put into your Hands that I may preserve the rest which is but a small Matter in respect of what I have gained with the Loss of my Blood and the Ruine of my Subjects Is it not just my Lord that since your Majesty obliges me to part from so great and fair Cities and so much of my Enemies Country you should likewise oblige the Swedes to leave me the rest and that your Majesty having so far concerned your self for the Party that had no Right to demand any thing should concern your self also for him who had Right to keep all but yields the greatest part meerly in Consideration of your Majesty I am informed that your Ministers object to me the Interest of your Glory and Honour and know that that is a powerful Motive to animate a Great Soul to Vndertakings But suffer me to put you in mind That Justice is the Source and Rule of Glory And that I having it on my side it is far greater and more solid Glory to Support a just and moderate Pretension than to favour one that is nothing less And could your Majesty but hear the Discourse of all Europe and weigh it with the Reasons that Interests suggest to you from my Enemies I am confident you would instantly decide in my Favour and so prevent the Judgment of disinterested Posterity Withal my Lord I am very sensible that the Match is too unequal betwixt your Majesty's Forces and mine and that I am unable to resist a King who alone hath carried the Burden of a War against the greatest Powers of Europe and hath with so much Glory and Success gone through with it But can your Majesty find any Advantage in the Ruine of a Prince who is so desirous to serve you and who being preserved may contribute to your Service more than a bare willingness Your Majesty will certainly be the first that will regret my Ruine since you cannot easily find in all the World besides one who is more really and with greater Respect and Zeal than my self Your Majesty's c. But for all this the French King seemed to be inexorable and his Forces began already to spread themselves in the Mark of Brandenburg and fresh Troops with Ammunition and Artillery came daily to Wesel to augment the Army which the Mareschal de Crequi was to command which upon the Expiration of the Truce drew near to the Neighbourhood of Minden beginning to streighten that Place where General Spaen pretended to make a vigorous Resistance Hereupon the Mareschal de Crequi ordered Monsieur Calvo to pass the Weser with a Party of Horse and Foot on a Bridge of Boats which he had caused to be made whilst he himself with a Body of Horse went to cross it at a Ford which with some Difficulty he passed over with an intent to make the Country pay the Contributions he had demanded but finding General Spaen was come out of the Town with a Body of about 3000 Men and some Field-Pieces he attack'd them vigorously and the Dispute was very sharp and ended with the loss of a great many Men on both sides and at last General Spain retired into Minden This was the 20th June 1679. and the last Action that put an end to so great a War and if the Negotiation of the Peace which was Signed at St. Germains the Day before
be adjudged to hinder the Sittings of Parliaments and be responsible therefore in Parliament Things being brought to this desperate pass between them without any visible Hopes of a better Understanding the Thoughts of the Court now began to think of a Prorogation or Dissolution and the Commons were it seems aware of it For on Monday Jan. the 10th before the Usher of the Black-Rod came into the House to command their Attendance on the King in the House of Lords they had resolved That whosoever advised the King to prorogue this Parliament to any Purpose than in order to the Passing of a Bill for the Exclusion of James Duke of York was a Betrayer of the King the Protestant Religion and of the Kingdom of England a Promoter of the French Interest and a Pensioner to France Which was no sooner done but they were Prorogued to the 20th of Jan. and upon the 18th he Dissolved them And so ended this Sessions of Parliament with which having run out a few Days into the new Year we conclude the Year 1680 only we shall note first two or three Particulars On the 30th of July this Year died at Whitehall the Right and truly Honourable Thomas Earl of Ossory Son and Heir apparent to his Grace the Duke of Ormond after some few Days sickness of a violent Feaver whose Heroick Bravery and forward Zeal to serve his King and Country on all commendable Occasions was manifested by many brave and generous Actions Which as they made him be honoured and esteemed by all while living made him dying to be as generally lamented He was the Father of his Grace the present Duke of Ormond who to his great Glory has been so far from degenerating from him that he hath to the Height express'd his Vertues and Excellencies both in Peace and Way and is a Person that deserves as much and if all Circumstances be considered a great deal more of his Country than any other Nobleman whatsoever Sept. following was remarkable for the Death of Two Electors of the Empire viz. on the 2d John George Duke of Saxony dying at Friburg after a long Indisposition in the 68th Year of his Age leaving only one Son by his Wife Magdaline Sibille of Brandenburg Ansbach John George the Third of that Name who succeeded him in his Dominions and Dignities And but 5 Days after departed also this Life Charles Lovis Count Palatine of the Rhine suddenly in the Way between Manheim and Frankendal after a light Indisposition of 2 or 3 Days he was 63 Years old and left by his Wife Charlotte Daughter of William Landgrave of Hesse one Son Charles then in England and to whom an Express was immediately dispatch'd to give him advice of his Father's Death and a Daughter Charlotte Elizabeth Wife to the now Duke of Orleans And towards the middle of Nov. appeared a Comet with a prodigious Stream of Light in the West The Star from which the Blaze proceeded was but small and when first discovered seemed to be not much above the Horizon but every Night afterward it appeared higher and higher in the Beginning of the Night and consequently setting latter and latter its Magnitude and Lustre also proportionably decaying year 1681 The Nation at the Dissolution of the last Parliament upon the 18th of Jan. as already mentioned were strangely amazed and began now in general to be very doubtful of any good Issue in their common Concerns which the Court was not unaware of and therefore in some measure to allay Things the King summoned another to meet on the 21st of March following at Oxford which was no sooner publickly known but it rather heightned than alleviated the Jealousies of the more intelligent Persons that there might be some hidden Design nourished in the Court that might have dangerous Influences both upon the Nation and Parliament Whereupon several of the Nobility after mature Consideration of the Matter resolved to petition the King against the Meeting of the Parliament at the forementioned Place which Petition was delivered by the Earl of Essex with which he made a short pithy Speech and both which we have hereunto subjoined May it please your Majesty THE Lords here present together with divers others of the Peers of the Realm taking notice that by the late Proclamation Your Majesty has declared an Intention of calling a Parliament at Oxford and observing from History and Records how unfortunate many Assemblies have been when called at a Place remote from the Capital City as particularly the Congress in King Henry the II's Time at Clarendon 3 several Parliaments at Oxford in Henry the III's Time and at Coventry in Henry the VI's Time with divers others which have proved fatal to those Kings and have been followed with great Mischief on the whole Kingdom And considering the present Posture of Affairs the many Jealousies and Discontents that are among the People they have great Cause to apprehend that the Consequences of a Parliament now at Oxford may be as fatal to Your Majesty and the Nation as those others mentioned have been to them Reigning Kings And therefore we do conceive that we cannot answer it to God to Your Majesty or to the People if we being Peers of the Realm should not on so important an Occasion humbly offer our Advice to Your Majesty that if possible Your Majesty may be prevailed with to alter this as we apprehend reasonable Resolution the Grounds and Reasons of our Opinions are contained in this our Petition which we humbly present to Your Majesty TO THE KING'S most Excellent MAJESTY The Humble PETITION and ADVICE of the Lords undernamed Peers of the Realm Humbly Sheweth THAT whereas Your Majesty hath been pleased by divers Speeches and Passages to Your Houses of Parliament rightly to represent to them the Dangers that threatned Your Majesty's Person and the whole Kingdom from the mischievous and wicked Plots of the Papists and the suddain Growth of a Power unto which no Stop or Remedy could be provided unless it were by Parliament and an Union of Your Majesty's Protestant Subjects in one Mind and one Interest And the Lord-Chancellor in pursuance of your Majesty's Commands having more at large demonstrated the said Dangers to be as great as we in the midst of our Fears could imagine them and so pressing that our Liberties Religion Lives and the whole Kingdom would be certainly lost if a speedy Provision were not made against them And Your Majesty on the 21st of Apr. 1679 having called unto Your Council many Honourable and Worthy Persons and declared to them and the whole Kingdom that being sensible of the evil Effects of a Single Ministry or Private Advice or Foreign Committee for the general Direction of Your Affairs Your Majesty would for the future refer all Things unto the Council and by the constant Advice of them together with the frequent Use of Your Great Council the Parliament Your Majesty had hereafter resolved to govern the
Endeavours to extirpate Popery and redress the Grievances of his Subjects But how well he kept his Word in respect to frequent Parliaments or redressing his Peoples Grievances in near 4 Years time he lived after is so notoriously known to the contrary that there needs no Proof of it I 'll say nothing in this place of the Invalidity of his Declaration in it self since the Matter has been contested But the Gentleman whose Name was to it and who thought himself so much injured when it was taken notice of that it bore no other Authority but his would have done well to have made appear to the World that the Broad-Seal was affix'd to it which hitherto he has not done But be this as it will tho' the King did not communicate this Declaration to the Council till Friday the 8th of Apr. yet the foresaid Author Sir W. J. says M. Barillon the French Embassador read it upon the 5th of April before and demanded of a Gentleman there his Opinion of it which M. Barillon might the better remember because of the great Liberty the Gentleman took to ridicule it to his Face But to return to Fitz-Harris whom we left in the Tower the poor Man was kept there for 10 Weeks together so close a Prisoner that neither his Wife nor any other were permitted to come at him whereas the Popish Lords impeached in Parliament had the Liberty of the Tower and for any Man to visit them and then there was an Indictment of High Treason formed against him for contriving a certain Writing called The true English Man and so on the last Day of April he was Arraigned at the King's Bench-Bar But his Wife in the mean time having some Foresight of her Husband's Trial had gone to Council and had a Plea drawn to the Jurisdiction of the Court To which the Attorney General demurred and Fitz-Harris's Council joined in the Demurrer then time was given them to the Saturday following to maintain the said Plea by Argument which was done accordingly and that being ended the Lord Chief Justice declared The Court would take time to consider before they gave in their Judgment which they did on the Wednesday following being the 11th of May when three of the Judges to wit the Chief Justice and the Judges Jones and Raymond were of Opinion That the Plea was sufficient But Justice Dolbin was doubtful And so the Plea was over-ruled and the Prisoner was ordered to plead which he did and the Trial put off till June 9 when he was found Guilty of High-Treason without any Benefit had at all of the Impeachment of the House of Commons But its pitty some of these Judges had not been hanged for their Pains as Tresilian was in the Reign of Richard the Second However to colour the matter yet a little and that the Court might still make a feint which was their last of prosecuting the Popish Plot in the right Course of it Oliver Plunket was June 1 in Trinity Term tried for High-Treason at the Kings Bench Bar for that he was made Primate of Ireland by the Pope at the French King's Recommendation that upon that account he having engaged to do that King all the Service that lay in his Power he had actually levied among his Popish Clergy great Sums of Money therewith to introduce the French Dominion into that Kingdom and exterminate the Protestants for which he was found guilty on the 1st of July following and was together with Edward Fitz-Harris executed at Tyburn And now the sacrificing of this one Man and a Primate of Ireland hath attoned for all the rest of the Sins of the Papists and they are wholly left at liberty to sing a Requiem for themselves and to prosecute their Revenge against those who had in any thing appear'd zealous for the true Interest of their Country and against their evil Machinations The first that felt the Weight of their Indignation was one Stephen Colledge commonly known by the Name of The Protestant Joyner a mean Man but a great Talker against the Popish Plot against whom an Indictment of High-Treason was exhibited to the Grand Jury whereof Mr. Wilmore was Fore-man But this Indictment would not go down For the Grand Jury returned an Ignoramus upon it for which Wilmore was apprehended and examined before the Council Aug. 16 and sent to the Tower and was afterward forced to fly his Country But tho' the Design thus miscarried in London yet the Party would not be discouraged and so they laid a new Scene against Colledge at Oxford where they hoped to find a more plyable Grand Jury And to make sure that the Bill might not miscarry the King's Council had prepared Witnesses at the Aâ—izes to post thither and were themselves privately shut up with the Jury till they had found the Bill which was a most unjustifiable and intolerable Practice But because they would seem to allow the poor Man all the Liberty and Advantage imaginable for his own Defence tho' they kept him as close in the Tower as they did Fitz-Harris yet they allow'd him one West for his Sollicitor but it was only with an intent to betray him For as soon as the Bill was found against him one Murtel a Goaler and Sawel a Messenger were dispatch'd to bring him to his Trial Who after they had taken him out of Prison ran him into an House and by order of the King's Council took from him all his Instructions for his Defence which were carried to them as well to disable him to make his Defence as to inable them how to proceed against him by some way he was not provided for to plead for himself I will not enter into a further detail of this way of Procedure but certainly it was the most barbarous and illegal I think that ever was heard of and the whole was nothing else but a Combination of the Judges whereof Sir Francis North was Chief and the Mouth of the Court King 's Council Jury and Evidence as may be seen at large in Sir John Hawles's Learned Observations upon his Trial Yet after all the Man under these severe Circumstances was not wanting to himself but stoutly made his Defence and perhaps as the said Learned Person observes the best Defence all Circumstances consider'd that ever Man made for his Life But had he defended himself with the Tongue of Men and Angels it had availed him nothing For it was a matter resolved upon and he must die and so he was Aug. 18. found guilty of High-Treason and on the 31st of the same Month executed accordingly The same Designs as against Colledge were formed against my Lord of Shaftsbury and took so far that being taken up at his House in Aldersgate-street July the 2d and brought before the Council at Whitehall whither the King came that day on purpose from Windsor he was committed to the Tower But notwithstanding an Inventory of Rogues they got to swear against him and all their
or more of you as is aforesaid whereof you the said Chancellor to be one at your Commandments or else in not obeying or in not accomplishing your Orders Decrees and Commandments or any thing touching the Premises or any part thereof or any other Branch or Clause contained in this Commission that then you or any three or more of you as aforesaid whereof you the said Lord Chancellor to be one shall have full Power and Authority to punish the same Person or Persons so offending by Excommunication Suspension Deprivation or other Censures Ecclesiastical And when any Persons shall be convented or prosecuted before you as aforesaid for any of the Causes above expressed at the Instance or Suit of any Person prosecuting the Offence in that behalf that then you or any three or more of you as aforesaid whereof you the said Lord Chancellor to be one shall have full Power and Authority to award such Costs and Expences of the Suit as well to and against the Party as shall prefer or prosecute the said Offence as to and against the Party or Parties that shall be convented according as their Causes shall require and to you in Justice shall be thought reasonable And further our Will and Pleasure is That you assume our Well-beloved William Bridgman Esq one of the Clerks of our Council or his sufficient Deputy or Deputies in that behalf to be your Register whom we do by these Presents depute to that Effect for the Registring of all your Acts Decrees and Proceedings by Virtue of this our Commission and that in like manner you or any three or more of you whereof you the said Lord Chancellor to be one by your Discretions shall appoint one or more Messenger or Messengers and other Officer or Officers necessary and convenient to attend upon you for any Service in this behalf Our Will and express Commandment also is That there shall be Two Paper Books indented and made the one to remain with the said Register or his sufficient Deputy or Deputies the other with such Persons and in such Places as you the said Commissioners or any three or more of you whereof you the said Lord Chancellor to be one shall in your Discretion think most fit and meet in both which Books shall be fairly entred all the Acts Decrees and Proceedings made or to be made by Virtue of this Commission And whereas our Universities of Oxford and Cambridge and divers Cathedral and Colleg ate Churches Colleges Grammar-Schools and other Ecclesiastical Incorporations have been erected founded and endowed by several of our Royal Progenitors Kings and Queens of this Realm and some others by the Charity and Bounty of some of their Subjects as well within our Universities as other Parts and Places the Ordinance Rules and Statutes whereof are either imbezilled lost corrupted or altogether imperfected We do therefore give a full Power and Authority to you or any five or more of you of whom we will you the afore-named Lord Chancellor always to be one to cause and command in our Name all and singular the Ordinances Rules and Statutes of our Universities and all and every Cathedral and Collegiate Churches Colleges Grammar-Schools and other Ecclesiastical Incorporations together with their several Letters Patents and other Writings touching or in any wise concerning the several Erections and Foundation to be brought and exhibited before you or any five or more of you as is aforesaid whereof you the said Lord Chancellor to be one willing commanding and authorizing you or any five or more of you as aforesaid whereof you the said Lord Chancellor to be one upon the Exhibiting and upon diligent and deliberate View Search and Examination of the said Statutes Rules and Ordinances Letters Patents and Writings as is aforesaid the same to Correct Amend and Alter And also where no Statutes are extant in all or any of the aforesaid Cases to devise and set down such good Orders and Statutes as you or any five or more of you as is aforesaid whereof you the said Lord Chancellor to be one shall think meet and convenient to be by us Confirmed Ratified Allowed and set forth for the better Order and Rule of the said Universities Cathedrals and Collegiate Churches Colleges and Grammar-Schools Erections and Foundations and the Possessions and Revenues of the same as may best tend to the Honour of Almighty God increase of Vertue Learning and Unity in the said Places and the publick Weale and Tranquility of this our Realm Moreover our Will Pleasure and Commandment is That our said Commissioners and every of you shall diligently and faithfully execute this our Commission and every part and branch thereof in Manner and Form aforesaid and according to the true Meaning hereof notwithstanding any Appellation Provocation Priviledge or Exemption in that behalf to be made pretended or alledged by any Person or Persons resident or dwelling in any Place or Places exempt or not exempt within this our Realm any Law Statutes Proclamations or Grants Priviledges or Ordinances which be or may seem to be contrary to the Premises notwithstanding And for the better Credit and more manifest Notice of your doing in Execution of this our Commission our Pleasure and Commandment is That to your Letters Missive Processes Decrees Orders and Judgments for or by you or any three or more of you as is aforesaid to be awarded sent forth had made decreed given or pronounced at such certain publick Places as shall be appointed by you or any three or more of you as is aforesaid for the due Execution of this our Commission or some three or more of you as is aforesaid whereof you the said Chancellor to be one shall cause to be put and fixed a Seal engraven with the Rose and Crown and the Letter J. and Figure 2. before and the Letter R. after the same with a Ring or Circumference about the same Seal containing as followeth Sigillum Commissiariorum Regiae Majestatis ad Causas Ecclesiasticas Finally We Will and Command all and singular other our Ministers and Subjects in all and every Place and Places exempt and not exempt within our Realm of England and Dominion of Wales upon any Knowledge or Request from you or any three or more of you as is aforesaid to them or any of them given or made to be aiding helping and assisting unto you and to your Commandment in and for the due executing your Precepts Letters and other Processes requisite in and for the due Executing of this Our Commission as they and every of them tender Our Pleasure and Will to answer the Contrary at their utmost Perils In witness c. It s not so easie perhaps at first sight to discern the Flaws and Deficiences included in this Commission neither shall I rake further into it only I 'll observe with a Learned Gentleman First The Archbishop of Canterbury who was first named in it refused to Act so that the Bishop of Chester was put in though not
in the first Place Secondly How unwarily it was it drawn for though it was to be thought every one understood the Design of the Commission was to introduce a Roman Hierarchy which assumes a Power over the Temporal in order to the Spiritual Good yet that Commission granted the Temporal Power viz. The Lord Chancellor and any other two viz. Lord Treasurer President or Lord Chief Justice a Power of Excommunication which is a pure Spiritual Act. This Commission thus granted and opened the first Lightning of it fell upon the Bishop of London whose pretended Crime was That by Virtue of the King's Letter he did not suspend Dr. Sharp then Dean of Norwich now Archbishop of York for Preaching a Sermon in his Parish-Church of St. Giles against the Frauds and Corruptions of the Church of Rome by a Power as Arbitrary as that by which the Commissioners acted But though the Romanists might be sufficiently incensed against the Bishop for his Non-compliance herein the King had another Cause of Offence with his Lordship for when the Lords in the last Parliament had Voted an Address of Thanks to the King as I have already noted for his Speech the Bishop moved in his own and his Brethren's Name that the House might debate the King's Speech which as it was extraordinary and unusual in the House so it was no less surprizing to the King and Court who now dreaded the Lords would concur with the Commons in their Address and construed this Pace to be a Piece of Presumption in the Bishop for which in due time he should be sure to be remembred and so indeed it happened For notwithstanding the Bishops just Plea before the Commissioners in his own Defence and that Jefferies the Mouth of them had in a manner nothing else to say but Must not the King be obeyed Must not the King be obeyed As if a Man was bound to hang himself if the King commanded it yet they suspended him ab Officio where we leave him at present and proceed to shew you the further Effects of this goodly Commission when there was the least Opportunity to put it in Execution You must know the Presidentship of Magdalen College in Oxford falling vacant about this time and the Fellows fearing a Mandamus would be imposed upon them for some Person or other not qualified by their Statutes and whom by their Oaths they could not submit to chose Dr. Hough a Person every way qualified for their President which was no sooner done but the King sent them a Peremptory Mandamus to make choice of the Bishop of Oxford for their President who as being not qualified by their Statutes they rejected and in an humble Answer excused themselves as being otherwise obliged as well by their Oaths as Statutes with which the King was so Angry and used such Expressions upon the Occasion as were never perhaps before used by a Prince But finding his harsh Language could not frighten the Fellows out of their Duty he sent his Commissioners of Ecclesiastical Affairs among them to turn them out of their Fellowships to which they had as much Right as any other Man to his Estate But the good Commissioners were so far from boggling at this that they yet went further and by a new strain of Tyranny never practised but by Absolute Tyrants made the Fellows uncapable of any other Ecclesiastical Preferments and a Seminary of Jesuits and Popish Priests were introduced into their rooms as much to the Subvertion of the Established Church as the Statutes of the College While Things were thus carried on with an high Hand by Virtue of this extraordinary Commission you cannot think they were more moderate in the Administration of ordinary Justice in the Westminster Courts you know how severely Oats was treated for discovering the Popish Plot. Now comes Thomas Dangerfield's Turn for his discovering of the Meal-Tub-Plot but with a worse-Fate For this Man having in King Charles his Time in his Depositions before the Parliament revealed that he was imploy'd by the Popish Party and chiefly by the Lords in the Tower and the Countess of Powis to kill the King and that he was incouraged and promised Impunity and Reward and part of it given him by the D. of York for that End he was now prosecuted upon a Scandalum Magnatum and as Juries went found guilty and had the same Sentence of Whipping with Oats But in his return from Tyburn towards Newgate after his Whipping he was run into the Eye with a Tuck at the end of a Cane by one Robert Francis a Red-hot Papist of which with the Agony of the Whipping he soon after died But his Body was so swoln and martyred with his Whipping that it was a Question whether he died of that or of the Wound in his Eye for which Francis however was justly Hanged the King thinking it would appear to be too base a Partiality to pardon him for so foul a Fact Much about the same time Mr. Sam. Johnson commonly known by the Name of Julian Johnson because of his being the Author of a Book so called was Sentenced by the Court of King's Bench Sir Edward Herbert being Lord Chief Justice to stand 3 times in the Pillory and to be Whipped from Newgate to Tyburn which was severely Executed without any regard to his Gown he being a Clergy-man for making this humble and hearty Address to all the English Protestants in the Army which the King had raised GENTLEMEN NExt to the Duty which we owe to God which ought to be the principal Care of Men of your Profession especially because you carry your Lives in your Hands and often look Death in the Face the second Thing that deserves your Consideration is the Service of your Native Country wherein you drew the first Breath and breathed a free English Air Now I would desire you to consider how well you comply with these Two main Points by engaging in this present Service Is it in the Name of God and for his Service that you have joined your selves with Papists which will indeed fight for the Mass-book but burn the Bible and who seek to extirpate the Protestant Religion with your Swords because they cannot do it with their own and will you be aiding and assisting to set up Mass-houses to erect the Popish Kingdom of Darkness and Desolation amongst us and to train up all our Children in Popery How can you do these Things and yet call your selves Protestants And then what Service can be done your Country by being under the Command of French and Irish Papists and by bringing the Nation under a Foreign Yoak Will you help them to make a forcible Entry into the Houses of your Country-men under the Name of Quartering directly contrary to Magna Charta and the Petition of Right Will you be aiding and assisting to all the Murders and Outrages which they shall commit by their void Commissions which were declared illegal and sufficiently
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
Exercise of their Religion as by Law Established and in the Quiet and full Enjoyment of all their Possessions without any Molestation on Disturbance whatsoever We do likewise declare That it is Our Royal Will and Pleasure That from henceforth the Execution of all and all manner of Penal Laws in Matters Ecclesiastical for not coming to Church or not Receiving the Sacrament or for any other Non-conformity to the Religion Established or for or by Reason of the Exercise of Religion in any manner whatsoever be immediately suspended And the further Execution of the said Penal Laws and every of them is hereby suspended And to the End that by the Liberty hereby granted the Peace and Security of Our Government in the Practice thereof may not be indangered We have thought fit and do hereby straitly Charge and Command all our Loving Subjects That as We do freely give them Leave to Meet and Serve God after their own Way and Manner be it in Private Houses or Places purposely Hired or Built for that Use so that they take especial Care that nothing be Preached or Taught amongst them which may any ways tend to Alienate the Hearts of Our People from Us or Our Government And that their Meetings and Assemblies be peaceably openly and publickly held and all Persons freely admitted to them And that they do signifie and make known to some one or more of the next Justices of the Peace what Place or Places they set apart for those Uses And that all Our Subjects may enjoy such their Religious Assemblies with greater Assurance and Protection We have thought it requisite and do hereby Command That no Disturbance of any kind be made or given unto them under Pain of Our Displeasure and to be further proceeded against with the uttermost Severity And forasmuch as We are desirous to have the Benefit of the Service of all Our loving Subjects which by the Law of Nature is inseparably annexed to and inherent in Our Royal Person And that none of Our Subjects may for the future be under any Discouragement or Disability who are otherwise well inclined and fit to serve Us by Reason of some Oaths or Tests that have been usually administred on such Occasions We do hereby further declare That it is Our Royal Will and Pleasure that the Oaths commonly called The Oaths of Supremacy and Allegiance and also the several Tests and Declarations mentioned in the Acts of Parliament made in the 25th and 30th Years of the Reign of Our late Royal Brother Charles the Second shall not at any time hereafter be required to be Taken Declared or Subscribed by any Person or Persons whatsoever who is or shall be imployed in any Office or Place of Trust either Civil or Military under Us or in Our Government And We do further declare it to be Our Pleasure and Intention from time to time hereafter to Grant Our Royal Dispensations under Our Great Seal to all Our loving Subjects so to be Imployed who shall not take the said Oaths or subscribe or declare the said Tests or Declarations in the above-mentioned Acts and every of them And to the End that all Our Loving Subjects may receive and enjoy the full Benefit and Advantage of Our gracious Indulgence hereby intended and may be acquitted and discharged from all Pains Penalties Forfeitures and Disabilities by them or any of them incurred or forfeited or which they shall or may at any time hereafter be liable to for or by reason of their Non-conformity or the Exercise of their Religion and from all Suits Troubles or Disturbances for the same We do hereby give Our free and ample Pardon unto all Non-conformists Recusants and other Our Loving Subjects for all Crimes and Things by them committed or done contrary to the Penal Laws formerly made relating to Religion and the Profession or Exercise thereof Hereby declaring That this Our Royal Pardon and Indemnity shall be as good and effectual to all Intents and Purposes as if every individual Person had been therein particularly named or had particular Pardons under Our Great Seal which We do likewise declare shall from time to time be granted unto any Person or Persons desiring the same Willing and Requiring Our Judges Justices and other Officers to take Notice of and Obey Our Royal Will and Pleasure herein before declared And although the Freedom and Assurance We have hereby given in relation to Religion and Property might be sufficient to remove from the Minds of our Loving Subjects all Fears and Jealousies in relation to either yet We have thought fit further to declare That We will Maintain them in all their Properties and Possessions as well of Church and Abby-Lands as in any other their Lands and Properties whatsoever Given at Our Court at Whitehall the Fourth Day of April 1687. In the Third Year of Our Reign The Generality of Protestant Dissenters having for near 7 Years together been so severely treated by the Tory Party were as forward to congratulate the King for his Indulgence in several Addresses as the Tories were in King Charles his Time in their Addresses of Abhorrence to Petition the King to call a Parliament to settle the Grievances of the Nation However this Declaration was drawn up so in sight of every Bird that most part of the Thinking sort of Dissenters did dread and detest it But yet to make it more passable Popish Judges were made in Westminister-Hall and Popish Justices of the Peace and Deputy-Lieutenants all England over while the Privy-Council was filled up with Popish Councellors nay the Savoy was laid open to instruct Youth in the Popish Religion and Popish Principles which gave Occasion to that good Man Dr. Tenison now Archbishop of Canterbury and it ought to be remembred always to his Honour to erect his Free School at St. Martins in opposition to it But this would not stop the Popish Zeal for other Schools to the same End were encouraged in London and all other Places in England and 4 Foreign Popish Bishops as Vicars Apostolical were allowed in Ecclesiastical Jurisdiction all England and Wales over And because his Majesty would not be wanting to pay his Duty as well as other Catholick Princes to the common Father of them all the Pope the Earl of Castlemain was sent Embassador to Rome to tender the King's Obedience to the Holy and Apostolical See with great Hopes of extirpating the Northern pestilent Heresie In return whereof the Pope sent his Nuncio to give the King his Holy Benediction and that without sending before-hand as his Predecessors were wont to do for leave to enter the Kingdom To all this we may add that the Judges in their Circuits had their private Instructions to know how Men stood affected towards the King's Dispensing Power and those who shewed the least Dislike of it were turned out of their Offices and Employments without any more ado And that these Things might be acted with Security Tyrconnel having disbanded the English Army in
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
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
Confession of those Violences of the Government that we have set forth so the Defectiveness of it is no less apparent For they lay down nothing which they may not take up at pleasure and they reserve entire and not so much as mentioned their Claims and Pretences to an Arbitrary and Despotick Power which has been the Root of all their Oppression and of the Total Subversion of the Government And it is plain That there can be no Redress no Remedy offered but in Parliament by a Declaration of the Rights of the Subjects that have been invaded and not by any pretended Acts of Grace to which the Extremity of their Affairs has driven them Therefore it is that we have thought fit to declare That we will Refer all to a Free Assembly of this NATION in a Lawful Parliament Given under Our Hand and Seal at Our Court in the Hague the 24th Day of October in the Year of Our Lord 1688. WILLIAM HENRY Prince of Orange By His Highness's Special Command C. HUYGENS. At the same time an Extract of the States-General's Resolution was privately Printed at London wherein among other Reasons why they had intrusted the Prince of Orange with such a Fleet and Army is this which follows THE King of France hath upon several Occasions shewed himself dissatisfied with this State which gave Cause to fear and apprehend that in case the King of Great Britain should happen to compass within his Kingdom and obtain an Absolute Power over his People that then both Kings out of the Interest of State and Hatred and Zeal against the Protestant Religion would endeavour to bring this State to confusion and if possible quite to subject it There was also Printed about the same Juncture this Letter of the Prince of Orange to the Officers of the Army Gentlemen and Friends WE have given you so full and so true an Account of Our Intentions in this Expedition in Our Declaration that as We can add nothing to it so We are sure you can desire nothing more of Us. We are come to preserve your Religion and to Restore and Establish your Liberties and Properties And therefore We cannot suffer Our Selves to doubt but that all true English Men will come and concur with Us in Our Desire to Secure these Nations from Popery and Slavery You must all plainly see That you are only made use of as Instruments to enslave the Nation and ruine the Protestant Religion and when that is done you may judge what ye your selves ought to expect both from the Cashiering all the Protestant and English Officers and Soldiers in Ireland and by the Irish Soldiers being brought over to be put in your Places and of which you have seen so fresh an Instance that We need not put you in mind of it You know how many of your Fellow-Officers have been used for their standing firm to the Protestant Religion and to the Laws of England And you cannot flatter your selves so far as to expect to be better used if those who have broke their Word so often should by your Means be brought out of those Streights to which they are at present reduced We hope likewise that ye will not suffer your selves to be abused by a false Notion of Honour but that you will in the first place consider what you owe to Almighty God and your Religion to your Country to your Selves to your Posterity which you as Men of Honour ought to prefer to all private Considerations and Engagements whatsoever We do therefore expect That you will consider the Honour that is now set before you of being the Instruments of Serving your Country and Securing your Religion and We shall ever remember the Service you shall do Us upon this Occasion and will promise you that We shall place such particular Marks of Our Favour on every one of you as your Behaviour at this time shall deserve of Us and the Nation in which We shall make a great Distinction of those that shall come seasonably to join their Arms with Ours And you shall find Us to be your Well-wishing and assured Friend W. H. P. O. This Letter was spread under-hand over the whole Kingdom and read by all sorts of Men and the Reason of it being undeniable it had a great Force on the Spirits of the Soldiery so that those who did not presently comply with it yet resolved they would never strike one stroke in this Quarrel till they had a Parliament to secure the Religion Laws and Liberties of England Which the Court on the other side had resolved should not be granted till the Prince of Orange with his Army was expelled out of the Nation and till all those that had submitted to him which were not many then were reduced into their Power to be treated as they thought fit In the mean time the Fleet came about from the Buoy in the Nâ—re to Portsmouth under the Command of the Lord Dartmouth where it arrived on Saturday the 17th of November and on the Monday following the KING entred Salisbury which was then the Head Quarters of the whole Army But on the 16th of the aforesaid Month the Lord Delamere having received certain Intelligence of the Landing of the Prince of Orange in the West and seeing the Irish throng over in Arms under pretence of Assisting the King but in reality to enslave us at Home as they had already reduced our Country-Men in Ireland to the lowest Degree of Danger and Impuissance that they have at any time been in since the Conquest of Ireland in the Reign of King Henry II. He thereupon Assembled Fifty Horse-Men and at the Head of them marched to Manchester and the next Day he went to Bodon-Downes his Forces being then 150 strong declaring his Design was To join with the Prince of Orange This small Party of Men by degrees drew in all the North and could never be suppressed Now before His Royal Highness the Prince of Orange left Exeter there was an Association drawn up and signed by all the Lords and Gentlemen that were with him the Date of which I cannot assign but the Words thereof are as follow VVE whose Names are hereunto subscribed who have now joined with the Prince of Orange for the Defence of the Protestant Religion and for the maintaining the Antient Government and the Laws and Liberties of England Scotland and Ireland do engage to Almighty God to His Highness the Prince of Orange and to one another to stick firm to this Cause and to one another in Defence of it and never to depart from it until our Religion Laws and Liberties are so far secured to us in a Free Parliament that we shall be no more in danger of falling into Popery and Slavery And whereas we are engaged in this Common Cause under the Protection of the Prince of Orange by which means his Person may be exposed to Danger and to the cursed Attempts of Papists and other Bloody Men we do therefore solemnly
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
fire to the Suburbs which retarded the Approaches that General Cohorne had begun On the 21st a Battery was finished on that side next St. Nicholas Gate and the Trenches advanced 100 Paces towards the Rivulet that runs into the Bottom which the French had swelled with Water and which was secured with a kind of an Half-Moon Next Day they began to play upon a Bastion and the Works before St. Nicholas Gate from a Battery of 18 Pieces of Cannon And on the 23d the Brandenburghers played upon the Water-stop in order to let the Water out of the Moat yet with little Effect because it was lined with large Free-stone But about this time the great Rains which fell incommoded the Besiegers very much However on the 25th they continued pealing from their Batteries below the Village of Bouge and on the other side of the Meuse at the Brandenburgh Attack and levelled the Works which they had attacked the 18th with their Cannon and took in an Out-Bastian where there was a kind of a Counterscarp that same Night constraining the French that defended it to surrender at Discretion So that the Siege went on briskly and the Besiegers by the 27th in the Morning being lodged at the Foot of the Redoubt of Ballart made themselves Masters of it and about 50 French that defended it were made Prisoners But this was not all for after much Resistance they carried and lodged themselves on the foremost cover'd Way of St. Nicholas Gate that Evening But in regard the Meuse was low and for that by reason of the great Number of their Batteries they had made great Breaches in St. Nicholas Bastion the Demi-bastion of St. Roch and at the end of the Counterscarp of the Town they adventured to creep along the River and to storm all those Posts from whence they were three times repulsed but at last they did prevail For after a Combat of 4 Hours they not only lodged themselves upon the aforesaid cover'd Way but upon the Point of the Counterscarp on that side next the River Yet it unhappily fell out that some Sacks of Wooll wherewith the Besiegers secured themselves took fire which made them for a time lie open to the Firing of the Enemy tho' they soon made another Lodgment While this was doing here the Elector of Bavaria was not idle between the Sambre and the Meuse where towards the Abby of Salsines he not only forced the Entrenchments next the Sambre but made himself Master of a Fort at the Head of those Entrenchments where his Cuirassiers 〈◊〉 the Liegois and Spanish Cavalry signalized themselves very much and vigorously repulsed 4 Squadrons that came out of the Castle and had much ado to prevent their being surrounded But this was not all for after the French had disputed the Water-stop almost all Night the Besiegers at length possessed themselves of it Then they laid a Bridge over the Sambre in the midst of all the Enemy's Firing tho' all this was not effected without considerable Loss on both sides But there was now no looking back so that the 28th was employed in entrenching themselves in the Posts of the Ballance and Abby of Salsines And the same day 60 Granadiers and as many Musquetteers were commanded out of every Regiment to make an Attack on that side near the Iron-Gate which the French at first sustained with great Courage but they were at last forced to retire And the same Evening the Line of Communication near the Suburbs of Jambe was attacked so that the French were no longer in a Condition to make Sallies on that side Next day was taken up in attacking two Lines the French had drawn before the Castle between the Sambre and the Meuse both which the Besiegers carried one after another with great Bravery whose Work on the 30th early in the Morning was to attack the great Entrenchment of the Old Wall between the Sambre and the Meuse that still held out which after the Besieged had made a long Resistance by the Favour of a Line of Communication of one Redoubt and two Trenches and being assailed both in Front and Flank and that too with an extraordinary Bravery the French were driven as far as the Counterscarp of Cohorne-Fort But the Besiegers pursuing them to the Devil's House where the French had several Cannon laden with Cartouches and about 900 Men laid flat upon their Bellies and they being now come within the Reach of those Guns the Enemy let fly at them in a most dismal manner but the Assailants withstood the Brunt with incredible Resolution and after they had forced the French to quit the Counterscarp of the Fort they made themselves Masters of it yet not being able to keep their Ground they retired in pretty good Order But the French in the mean time found themselves necessitated to quit a Lined Redoubt some advanced Batteries and their Entrenchment from the Sambre to the Meuse There was also the very same Day a Mine sprung at St. Nicholas Gate which overturned a good part of the Water-stop into the Moat of the City and the Cannon played all the next Day to widen the Breach Now it was become the month of Aug. on the first day whereof the Besiegers battered the Works and the Breach that had been made at St. Nicholas Gate from whence they threw a great many Bombs which did considerable Execution and next day towards Evening stormed the Half-moon Covert-way and Demi-bastion that lay on the right Hand of the Gate where the Breach had been made and after being repulsed no less than 3 times they at last lodged themselves on the Counterscarp and carried on their Works as far as Fort William and the Devil's House and next day all things being in a Readiness for a General Assault Count Guiscard the Governour came himself upon the Demi-bastion where he ordered a White Flag to be put up in order to Capitulate Thereupon all the Batteries were immediately ordered to be silent and Colonel Mackarty who waited upon Major General Ramsey in the Trenches was sent to the Breach to know what the Count desired who asked to speak with the Major General himself and there-upon coming to him after mutual Civilities the Count told him That tho' the Necessity and Condition of their Affairs was not such as to oblige them to Capitulate yet for the Preservation of the Town they were willing to give it up upon honourable Terms Upon this Ramsey acquainted the Duke of Holstein Ploen with it whose Quarters was just by and promised the Count an Answer in an Hours time in which the King having Notice he sent back Ramsey with Power to exchange Hostages and an Express was sent to the Elector of Bavaria to give him Notice of it and to Commission a Person to treat about the Surrendry So that after some Contestation the Capitulation was signed the next Day being the 4th of Aug. upon honourable Terms And here for the present we shall leave Namur and give the
Garrisons of Dixmude and Deynse which were detained Prisoners in France contrary to the Cartel and how the Confederates found themselves in a Condition to get Reparation for the same The 26th of Aug. being the day prefixed for the Garrison to march out 4 Brigades of Foot were commanded to make a Lane on both sides the Terra Nova up the Hill and so down again to the Muese to the way that leads to Givet a Bridge of Boats being laid over the Sambre between the Faâ—x Bourgh St. Croix and the Town for the King to come over to be present at the Marching out of the Garrison and likewise for the Troops encamped on the other side if there had been Occasion About 10 a Clock the March began The Mareschal de Boufflers's Guard du Corps went out first then his Domesticks and next himself with the Count de Guiscard the Governor at the Head of the King 's and Alfeld's Dragoons as many as were mounted being between 70 and 80 in all His Majesty was on Horse-back with the Elector of Bavaria before the Breach and were saluted by the Mareschal and Count with their Swords when presently Monsieur Dickvelt who had been acquainted with the Mareschal in his Embassies in France accosted him and rid with him to the Top of the Hill where Monsieur L' Etâ—ng Brigadier of the Brigade of the Life Guard rid up to him with about 12 Gentlemen of the Life Guard and Arrested him in his Majesty's Name for Satisfaction for the Garrisons of Dixmude and Deynse At which the Mareschal seemed at first very much incensed alledging the Publick Faith of the Capitulation wherein he was expresly mentioned saying That the French King his Master would resent this Treatment of a Man of his Character and revenge it to the utmost of his Power And that for his part he had defended the Place liâ—â— a Man of Honour and did not deserve it To whom Monsieuâ— Dickvelt replied That the French King his Master by detaining the Garrisons of Dixmude and Deynse contrary to the Câ—pitulations which made them Prisoners of War and consequenâ—â—â— should have been discharged within the Time limitted paying theâ— Ransom which was offered had forced them to that Way of demanding Satisfaction for the Infractions of the said Capitulations That tho' he was Arrested it was not out of any Dis-respect 〈◊〉 his Person and Character but on the contrary for when it 〈◊〉 proposed to his Majesty of Great Britain to detain the whole Garrison by way of Reprisal the King had expressed so much Value for his Person that he looked upon him as a sufficient Caution to Answer for 6000 Men the Number of the two Garrisons of Dixmude and Deynse But at the same time he offered him his Liberty by his Majesty's Order if he would pass his Word for sending back the said Garrisons or return himself a Prisoner within a Fortnight c. To which the Mareschal answered That he could not pass his Word of Honour in a Matter which he could not execute himself but that it was in vain to resist Whereupon he put up his Sword and went back with his Domesticks to Namur where the Earl of Portland gave him a Visit and told him as from himself That he made no doubt of his Releasement upon his Paroll of Honour as aforesaid To which the Mareschal answered That in regard he knew not the Reasons why his Master detained those Garrisons he could not engage for any thing From Namur he was conducted to Maestricht and treated in both Places with all the Civility and Respect due to his Quality But his Confinement was of no long Duration for upon the Return of his Gentleman of the Horse whom he had sent to give his Master an Account of what had happen'd who thereupon gave the Confederates an Assurance of the Discharge of the fore-mentioned Garrisons he was immediately released as our Men were in some convenient time after With this concludes the Campaign Flanders which we shall leave for this Year as we do his Majesty to go to his usual Diversion and then for England Whether by a Sympathy of Success in the several Parts of their Dominions the Spaniards who all along had been on the losing Side in Catalonia and more especially the last Year as we have already noted in its proper place seemed now contrary to most Men's Expectations to Bully the French And to this purpose 4 Squadrons of Miquelets receiving Advice that a Detachment of French were marching from Bagnoles to Gironne they encounter'd them in the Way and put them to the total Rout. With this Success they were so flush'd that understanding that St. Silvester was upon his March with 8000 Men to re-victual Castle-Follet with a Convoy of all sorts of Provisions the Lading of 3 or 400 Mules a Body of Spaniards in Conjunction with the Miquiâ—ets advanced towards the French and attacked them with so much Courage that they killed above 2000 upon the place â—nd took between 5 and 600 Prisoners besides all the Mules â—xcept about 30 which escaped into the Castle during the Heat of the Fight which lasted 6 Hours And this News was so much the more welcome to Spain in that it was seconded with the Catalonians and Miquelets routing another â—ody of about 2000 French who were marching from Pras de Melo to join the 8000 that were beaten before If the Spaniards had gone on as they begun they would have made something of it 'T is true that after this Action they more closely blocked up Castle-Follet with a Design to starve it and not to take it by Force But alas they could not hinder the Duke of Vendosme from putting Relief into it after all and to make their Forces retire from it with some Loss Neither had they any better Success before Palamos tho' the Place was invested by Sea by the Fleet under the Command of Admiral Russell as well as by Land by the Spanish Army with the Additional Force of near 5000 Men from on Board the Fleet. The French Accounts were That the Duke of Vendosme marching to the Relief of it the first time found himself too weak but being re-inforced with more Troops for that purpose the Spaniards no sooner understood his Intentions but they drew off their own Forces and the Re-inforcement from on Board the Fleet returned thither again But the Truth of the Matter was that the Place must have been given up in a day or two at farthest had not the Fleet been constrained to bear away upon Information received That Monsieur Tourville with the French Fleet was upon coming out of Thoulon with a Design to sail for the Ocean though after all it proved to be only an Amusement of the French as appeared by the Consequence The Campaign was not so inconsiderable in Catalonia but that it was much more so upon the Rhine where the French being at first superiour to the Prince of Baden would 〈◊〉 have made
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
the Po which being once effected the French could not think of Bombarding the Place or forcing the Confederates to a Battle But tho' this Treaty was concerted before amidst the Devotions at Loretto where such a Business could be managed without being observed by the Ministers of the Allies yet all the Artifice imaginable was made use of to cover the Matter for a Time To this End Catinat as we have said came from the Mountains of Savoy into the Plains of Turin threatning the Extirpation of the Name of the Piedmontois but stopped on a sudden till he had slipped the Opportunity And when he found he had given the Duke Time enough to fortifie himself and under pretence of strengthening the Army had got his Fortresses clear of the Confederate Troops the Mareschal removed farther off towards Pignerol which occasioned various Speculations And the more Clear-sighted began to suspect there was an Agreement under-hand patched up between the two Parties And there was an Adventure which happen'd much about the same time that sufficiently discovered the Secrecy of the French Court in the Matter as well as the Assurance they had of their Work being done on that side There was a Discourse of some Mis-understanding between the Mareschal de Caâ—inat and the Grand Prior of France while the Army lay at Rivalta For the Grand Prior urging two or three several times that the Mareschal had favourable Opportunities to have gained considerable Advantages over the Confederates and still desiring the Mareschal to make use of the Benefit of of Fortune's Offer the Mareschal as often put him off with Refusals which made the other in the height of his Zeal as believing the Mareschal to be guilty of Negligence or Cowardice to write his Accusations to the French King who could not forbear smiling all the while he read the Letter However he was so kind as to send him an Answer and to let him know that the Mareschal had obeyed his Orders and that he would soon see the Reasons of his pretended Negligence unravelled Not long after this on the 12th of July a Truce was concluded on for a Month the Consequence whereof was the Exchanging of Hostages and at last the final Conclusion of a Peace Which if it had been gained on the Duke's part without any Violation of his Honour was very advantageous to him and the rest of hâ—ly For the French made a Restitution to him of all the new Conquests they had made as also of Pignerol demolished gave him 4000000 of Livres towards the Reparation of the Damages he had sustained during the War engaged to assist him at the Charge of the French King with 8000 Foot and 4000 Horse and because the Knot should be tied fast enough his Daughter was to be married to the Duke of Burgundy without any Portion But I will not curtail the Treaty which was sign'd Aug. 29. and runs as follows THE Most Christian King having all along during this War maintained a sincere desire of procuring the Quiet of Italy and it having pleased Almighty God to inspire his Royal Highness with the same Thoughts his Majesty has given his full Power Commission and Command to the Sieur Rene de Troullay Count de Tesse Knight of the Orders of the King Lieutenant General of his Armies Colonel General of the Dragoons of France Governour of Ipres Lieutenant General for the King in the Provinces of Maine and Perche and at present Commanding for the King in the Countries and Places on the Frontiers of Piedmont His Royal Highness having likewise on his Part given his Power and Commands to the Sieur Charles Victor Marquess de Saint Thomas Minister of State and his said Royal Highness's Principal Secretary of State the said Plenipotentiaries having reciprocally Exchanged the Original of their Commissions by virtue of which they Treat have agreed on these following Articles I. That there shall be from henceforth and for ever a firm and sincere Peace between the King and his Kingdom and his Royal Highness the Duke of Savoy and his Dominions as if the said Peace had been never interrupted and the King resuming the same Sentiments of Bounty he hath heretofore had for his Royal Highness which he desires his Royal Highness to be perswaded of his Royal Highness doth by this present Treaty entirely renounce all Engagements and all Treaties made with the Emperor with the Kings and Princes comprehended under the Name of the League or Confederacy and doth undertake to employ all his Endeavours and to do all that he can in order to obtain of those Sovereign Powers at least of the Emperor and King of Spain a Neutrality for Italy until the General Peace shall be Concluded and to signifie their Consents by a particular Treaty which shall be made to that purpose or for want of such a Treaty by Declarations which the said Emperor and the King of Spain shall make to the Pope and to the Republick of Venice and which shall be at the same time followed by the Retreat and Withdrawing of all the Forces which the Allies have at present in Italy as it shall be hereafter more particularly specified And in case the above-mentioned Princes do not Consent to such a Neutrality in Italy at his Royal Highnesses's Instance to the Emperor and to the King of Spain his Royal Highness doth engage to enter into an Offensive and Defensive League with the King until a General Peace be Concluded acting jointly with his Majesty's and his own proper Forces as becomes good and sincere Allies for the Common Interest and to make War against the State of Milan and against all those who shall oppose this present Treaty's taking effect And as an evident Demonstration of a Return of the King's Amity towards his Royal Highness his Majesty does willingly Consent and doth Promise That the City and Cittadel of Pignerol the Fort of St. Bridgit the Perouse with other Forâ—â— depending on the same shall be Demolished as to the Fortifications only at the King's Charges and after the aforesaid Fortifications are Demolished they shall all be restored to his Royal Highness as well as all the Territories and Dominions comprised under the Name of the Government of Pignerol and which did belong to the House of Savoy before the Cession or Surrender that Victor Amadeus the first Duke of that Name made unto Lewis the XIIIth The which City dismantled Cittadel and demolished Forts and Territories shall be likewise Surrendred to his Royal Highness to be held in Soveraignty and to be by him enjoyed fully and perpetually by him and his Successors from henceforth as things to him of Right belonging By virtue of which present Surrender his Royal Highness doth Engage and Promise as well for himself his Heirs and Successors or others by any ways Claiming neither to Re-build noâ— cause to be Re-built the aforesaid Fortifications nor to cause any new ones to be Built upon and in the Space and Limits of the said Territories Funds
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
Marquisate of Suza and Barcellonet into Pignerol and its Dependencies in order to Regulate his Interests Rights and Revenues and to settle his Customs and Excises upon Salt and other things And the said deputed Persons shall be admitted and authorised in their Offices immediately after the Ratification of this present Treaty after which the said Duties shall belong to his Royal Highness without Exception or Contradiction XIII That if the Neutrality for Italy be accepted or that a General Peace be Concluded as in such Cases a great many Troops would become altogether Useless and Chargeable to his Royal Highness and that besides the excessive Charges requisite for the maintaining of them they commonly become an occasion of creating a mis-understanding among Princes when more Troops are kept on Foot than are necessary in a State either for its own Conservation or for the maintaining of the Dignity of a Sovereign Prince his Royal Highness doth therefore oblige himself not to keep in times of Neutrality any more than Six thousand Foot on this side the Alpes and One thousand five hundred on the other side of the Mountains for the Garrisons of Savoy and of the County of Nice and One thousand five hundred Horse or Dragoons and this Obligation is to continue only till the General Peace be Concluded We the above-mentioned Plenipotentiaries have agreed upon and signed these present Articles and we do promise and engage to procure them to be ratified and confirmed by his Majesty and by his Royal Highness promising likewise that they shall be kept secret till the end of September next and if at that time new Articles are made to the same Sense and purpose then these shall be suppressed Dated at Turin the Twenty Ninth of August 1696. Rhene de Froullay and Saint Thomas And because some may be curious to see the French King's Act of Surrender of the Country of Savoy to the Duke it was conceived in these Terms BE it known to all Persons whatsoever That in pursuance of a Treaty of Peace made and signed between his most Christian Majesty Lewis XIV King of France and Navarre on the one part and his Royal Highness Victor Amadeus II. Duke of Savoy Prince of Piedmont King of Cyprus c. on the other Part That his most Christian Majesty hath given Orders to Monsieur Anthony Balthasar Marquiss de Thoy Major General of the Armies of France and Governour of Savoy to restore entirely to his Royal Highness all the Countries Places Castles and Fortresses of all Savoy except Montmilian and to draw out all the Troops that are there pursuant to his Majesty's Letters Patents To this end his Royal Highness hath sent the Marquiss of Thana Captain of his Life Guards Major General of his Army and Governour of Savoy with a Power to receive in his Royal Highness's Name all the said Estates and Places The said Marquiss de Thoy having therefore personally appeared in the Council-Chamber of the Town-Hall of Chambery and having there assembled the Nobility the Syndics and Counsellors of the said City and the said Marquiss of Thana there likewise appearing did then and there receive from the said Marquiss de Thoy an absolute and full Surrender in the Name of his most Christian Majesty of all the Countries and of all the Places of the Dutchy of Savoy Montmelian only excepted according to the Treaty of Peace The said Marquiss de Thoy expressing the same in these following Words viz. My Lord Marquess de Thana in Pursuance of an Order from the King my Master and according to the Power you have also received from his Royal Highness I do hereby make an entire Surrender and Restitution to his Royal Highness in your Person of all the Countries and Places and of all the Dependencies of the Estate of Savoy Montmelian excepted and his Royal Highness may accordingly dispose of the same in like manner as he had done before those Estates were conquered by the King 's Arms. To which the Marquiss of Thana answered That he received in his Royal Highness's Name the aforesaid Countries Places and Dependencies This done the Marquiss de Thoy repeated once more the Words of the said Surrender and then went out of the Town House Of all the aforesaid Transactions both the said Marquesses de Thoy and Thana caused an Act to be made before Publick Notaries which was signed Thoy de Pisâ—en Marquiss de Thana As Witnesses Syndics Favre de Charmettes Perin Cugnet Tonce Syndics I Jasper Chambet Notary and Burgess of Chambery have receiv'd and passed the present Act as required Signed G. Chambet Not. When the News of this procedure came our King was Encamped at Gemblours where Monsieur de la Tour the Duke of Savoy's Envoy notified to him the separate Peace which his Master had made with the French King and that the Forces of the Allies were to depart his Country within such a limitted time or be forced to it by his own Troops in Conjunction with those of France But that it was in the power of the Confederates to make a Neutrality which should include all Italy within the same time I could never learn what Answer his Majesty gave the Envoy but perhaps he was more concerned that the Duke by Letter should excuse the matter to the Emperor King of Spain and Electors of Bavaria and Brandenburg and yet not a line to him than at the thing it self and this procedure of the Dukes makes that Harange of his Envoy the Marquess de Govon to the late King James in Sept. this Year to be the more to be believed the which because so Diametrically opposite to that we have given you in the preceding part of this Book which was made to his present Majesty and our late Queen Mary of Happy Memory and that it is a strange instance of the unconstancy of sublunary things take as follows SIR HIS Royal Highness is at length happily reconciled to his mâ—st Christian Majesty against whom he had rashly taken up Arms tho' he has all along receiv'd sincere Proofs of His Majesty's Protection The strict Leagues his noble Ancestors have heretofore had with France and the more exact Alliance his Royal Highness has contracted by his Marriage have but the more disjoyn'd him from the Interest of that Kingdom This Vnion which ought to have been the most inviolable we have lately seen interrupted by the Artifices of his most Christian Majesty's and your Majesty's Enemies to whom his Royal Highness has been hitherto so weak as to give ear His Royal Highness therefore humbly begs Your Majesty would please to pardon his past Conduct so very contrary to his sincere Desires to re-establish your Majesty upon your Throne The Injustice and Oppression of your Enemies Sir have caused his most Christian Majesty to engage in this War God Almighty has hitherto favour'd his Attempts because they are just and 't is also to be hoped he will lend the like Attention to your Majesty's Petition
Propositions France had made which were That the Plenipotentiaries of the Allies should treat upon the Foundation proposed on the 10th of Febr. last and advance no other Points save those whereof there had been mention made before to the end there might be a Basis and Foundation made for a Treaty the which Proposals being not yet agreed upon seeing the French gave out the Neutrality in Catalonia was concluded on the Imperialists did afterwards make answer That these Propositions were but preliminary ones and not absolute and that they were allowed of but upon this Condition that in case any one point were found to be imperfect or faulty the same ought to be amended by the succeeding Treaties To this was also added That they were very desirous to know the answer of the French as to every particular point proposed by the Emperor and his Allies These Articles were allowed of but not to be inserted in the first project of the Emperors Plenipotentiaries and the same was admitted at the importunity of the States Ambassadors as being some what more particularly relating to their Interest and that of England But the Spaniards were of Opinion theâ— ought to keep close to the points that had been once agreed on and that to do otherwise would but retard the Negotiation And seeing that the first preliminary point agreed on did import that the Treaties of Westphalia and Nimeguen should be the Basis and Foundation of this Negotiation according to the express consent of the French King It was consequently very evident that those Preliminary Positions could not be the foundation of all pretensions that the Allies could have upon France But on the other hand if the preceding Treaties had no Effect at all it was then in vain that they had made choise of a place to confer in That the French had better have staid in Paris and that it was to no purpose that Pasports had been granted and the assistance and mediation of the King of Sweden desired That the Imperialists were amazed that so unnecessary a Difficulty should have been raised in so clear and evident a thing to which was also added That they did not doubt but that the Mediator and the States were of the same Opinion that same point having been long enough Debated in the Preliminaries and terminated in a general and unanimons Consent This was no sooner over but that the French dispatched a Courier to their Master on whose part there were Proposals made again concerning a Truce and a free Trade as being the first step towards a Peace But these things came to nothing so that the French Embassadors now replying to those Answers made by the Imperialists and Spaniards said that they were so strictly limitted to their Instructions that they durst not any manner of way exceed or change any thing from the Treaty of Nimeguen as the Basis proposed unto them by their King and that consequently it was in vain for the Allies to require any thing beyond the Articles of the said Treaty seeing their King would grant them no power for it with which Declaration of theirs the Allies were so far from being satisfied that they gave them to understand by the Mediator that their answer was frivolous and had no other tendency in it than to break off the Treaty or at least to protract it This their Declaration being directly contrary to what had been fully regulated and absolutely agreed on in the Preliminaâ—ies and the Mediator himself being of the same Sentiments he did thereupon lay the full Pretentions of the Allies before the French Plenipotentiaries who made him answer That the retarding of the Negotiation should with much Reason be attributed to the Allies the last Instrument that had been presented on the Emperor's part being conceived in such Articles which they foresaw France neither could nor ought to accept Besides this they said the Spaniards thought it more convenient to take the Pyrenaean Treaty for the Basis of this which proposition said they was the cause that made the French insist upon that of Nimeguen To this the Mediator replied That he could not believe that the French King was offended That all and singular the Allies had joined together in the last Answer as in an Affair that was common to them all That they were of Opinion France would have declared the same thing were she in the same Condition Spain found her self in to wit that the Peace of the Pyrenaees should be renewed in its full force The Allies also offered it as their Opinion that for the avoiding of all these Difficulties and Disputes they thought it would be better the French should answer each of their Propositions a-part which was at length agreed unto The Imperialists in pursuance to this Resolution presented to the Mediator a Project of the Method to be used of Treating by Word of Mouth without any difficulty which being read first to the Confederates and a Copy of the said being afterwards delivered unto them before it was shewed to the French Plenipotentiaries but that same Copy being some-what delayed the other discontented Allies took an unanimous Resolution to Remonstrate to the Imperialists that themselves had also a share in the Alliance and consequently they ought to have Deliberated with them concerning the Points proposed as well on the Emperor's part as on that of France Yet things could not be brought so to bear but the Embassage of the Empire agreed on at Ratisbonne was frustrated of the Effect of its Vote About the same time the Mediator at the Request of the Imperialists proposed to the French Plenipotentiaries the making choice of some other Days besides the ordinary Ones to hold their Conferences on in order to hasten the finishing of the Negotiation But the latter supposing the Allies had some particular End in the same Proposal made answer They were not at Liberty to Comply with this Request but that they were always ready to Appear at the Appointed Times The last Instruments presented by the Imperialists were not pleasing to divers of the Allies who affirmed they had just Complaints to make in order to Redress The Elector of Hanover's Plenipotentiary insisting he ought to have a place in the Assembly as an Electoral Minister occasioned also some Dispute but the same being left to the Decision of the Mediator he gave it in favour of him Soon after the Imperialists and the French gave in respectively their Projects of Peace but all the Articles of the French being drawn word for word from the Treaty of Nimeguen the same were rejected by the Allies as being too opposite to the Interests of the Empire with which they could never Acquiesce as also because there was often mention made not only of the Allies of the Empire but also of those of France It being notoriously known they had no such in the War unless the Turks were meant by it wherefore it was insisted upon that the French should more fully Explain themselves
and give in a clearer Project For they would not allow of Mental Reservations nor obscure or equivocal Terms But for all this the French in the beginning of July required the Mediator to Exhort the Allies to admit of no delay and apply themselves effectually to the Terminating of this tedious Work To whom the Mediator made answer That he did not see how the Allies Retarded the removing of those Points that were undecided but that it behoved the French to look to that for all their Complaints and added further that the Allies had for a long time declared the sincere Intentions they had towards it but that the French had not done answerable thereto and that they had sent those Points to Paris in order to Consult the King thereupon That the sincere Intention of the Allies was manifested from their having desired other Extraordinary Days should be appointed to hold their Conferences which the French on their part had declined That the Allies were not ignorant therein of the Designs of the French Court who had nothing in view save the Peace of Nimeguen and if that failed endeavoured to delay things till such time as the Allies had found out a Mean that was not altogether contrary to the said Treaty tho' there might be some accidental Differences in it As soon as the Mediator had given an account of all this to the Allies they resolved to Confer with one another Daily in order to find out a way to shorten their Business and in the first Conference it was concluded the French should answer to every Point in Difference as proposed by the Allies which when the other came to know they desired to be informed according to what manner the Allies were willing to decide the first Point to the end that having once seen the beginning of the Treaty they might be able to Conjecture whether they had Power enough to Treat and Conclude without any further Order from their King But the French at the next Meeting had still somewhat of the old haunt and insisted that in order to add a greater Weight to the Business nothing was more likely to do it than to Treat according to the Peace of Nimeguen and to change some Articles therein according to the desire of the Allies But the Mediator at the Request of the Allies reply'd That they were not to Treat alone according to the Treaty of Nimeguen but also according to that of Westphalia as being them two together that had been reciprocally Proposed and Accepted of in the Preliminaries as the Basis of this Negotiation and that consequently the Allies required that the French should Form a Project according to those two Treaties to the which the Imperialists would promise a quick Answer The Answer of the French was that this requir'd time to deliberate upon it which while they were doing the Imperial Embassadors promised to those of the Electors that they would soon Communicate to them all the Articles they should put forwards to the end all Differences between them might be removed The French after divers Consultations declared They had not sufficient Power to answer to the different Proposals of the Imperialists but that they would give in a Project to the Spaniards if they would accept of it which the Mediator acquainted the Allies with as also that the French said they had no other Power to Treat than according to the Treaty of Nimeguen But the Allies astonish'd thereat came in a particular Conference to an unanimous Resolution never to consent to it the same Treaty being contrary to the Interests of almost all the Allies And tho' they would not entirely Reject the said Treaty yet they had rather that a Project should be Formed according to it and that of Westphalia In the mean time the Electoral Ministers could not well digest this Proposal of the Imperialists that in Dignities and Cessions there should be no regard had to any other save the Embassadors of the highest Characters for they insisted that they ought to be Treated with upon an equal Foot with the rest Hereupon the French declared they would use the Elector's Embassadors in the same manner as the Emperor's Plenipotentiaries did and that they would Honour the rest in all Publick Acts in such a manner as should give no occasion of Complaint But to the main of the Treaty the Spaniards did at last consent that the French should give in their Project to which they would make an Answer which they were brought to do upon an Assurance from the Mediator that the same should be made up of the Treaty of Westphalia and Nimeguen But the Mediator at the same time put the French in mind that they ought to propose their Articles in such a manner as to leave no Repugnancy between them and the Plenipotentaries and to be regulated according to those two Treaties upon Default whereof there would be no Advance made therein And now it was given out at least and I believe there was something in it that the King of Sweden and Denmark had both declared to the French That they should be constrained to declare War against them without they went more seriously on with the Business and cut short all unnecessary Difficulties And here the Mediator represented to the French Plenipotentiaries as his last Advice because he found them as it were Deaf to the last Proposal what he had said to them before in relation to the Spaniards and assured them the others would accept of such a Project But the French said That they had given the Spaniards Time enough to deliberate And for the same Reason they required the same for themselves Upon which the Mediator reply'd That their Courier was already returned from Paris and that without him they had sufficient Orders from their King to treat However some Days elapsed before they were brought to it In the Interim the Elector of Brandenburgh's Minister was very earnest to have the French Ambassadors to get a full Power to treat with him in particular since his Master had formally declared War against France And the Deputies of the Circles of Suabia and Franconia required That Satisfaction should be made by France to the said Circles for the Damages they had sustained during the War But all this was to little purpose At length on the 20th of July the French gave in their Project of Peace founded upon the fore-mentioned Treaties of Westphalia and Nimeguen It would be too tedious to give the Particulars of it in this place but in short the main of it as to the Empire was An Offer to make void several Re-unions made of â—ands on that side by the Chamberâ— of Metz and Bezanson and the Sovereign Council of Brisaâ— since the Treaty of Nimeguen To restore the City of Straâ—burg or to give an Equivalent for it of the City and Castle of Friburg and the Town of Brisac To demolish the Fortifications of Hunninghen on the other side of the Rhine â—o restore
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
carry away the moveable Goods that belong to 'em nor shall they be permitted to exact any thing of the Inhabitants of the said Places or of the Flat Countries nor to endamage the Houses nor to carry away any thing belonging to the Inhabitants XIV The Prisoners of what Nature or Condition soever shall be set at Liberty on both sides and without Ransom presently after the Exchange of the Ratifications paying what they have call'd for and what they may otherwise justly owe. And if any have been sent to the Gallies of their said Majesties by Reason or by the Misfortune of the said Wars only they shall be forthwith releas'd and set at Liberty without any scruple or delay upon any account whatever nor shall any thing be demanded for their Ransom or Expences XV By virtue of this Peace and strict Amity the Subjects of both sides whatever they be observing the Law Usages and Customs of Countries may go come reside traffick and return to their several Countries like good Merchants and as they shall think convenient as well by Land as by Sea and other Waters and may Treat and Negotiate together and shall be supported protected and defended as the proper Subjects of either Prince paying the reasonable Duties in all accustom'd Places and such others as shall be impos'd by the said Kings or their Successors XVI All Papers Letters Documents that concern the Countries Territories and Signories which shall be restor'd and surrender'd back to the said Kings by the present Treaty of Peace shall be produc'd and sincerely deliver'd on both sides within Three Months after the Ratifications of the present Treaty shall be exchang'd in whatever Places the said Papers and Documents shall be found even those that were taken out of the Cittadel of Gaunt and the Chamber of Accompts at Lisle XVII The Contributions settl'd or demanded on both sides Reprisals Convoys of Forrage Corn Wood Cattle Utensils and other sorts of Impositions upon the Countries of either Sovereign shall cease immediately after the Ratification of the present Treaty and all Arrearages or Portions of Arrears that may be due shall not be exacted on either side upon any Claim or Pretence whatever XVIII All Subjects on both sides as well Ecclesiastick as Secular Bodies Corporations Societies Universities and Colleges shall be restor'd as well to the Enjoyment of the Honours Dignities and Benefices with which they were provided before the War as to the Enjoyment of all and every one of their Rights Moveable and Immoveable Goods Rents Hereditary or Annunities seiz'd and possess'd since the said time either by occasion of the War or for siding with the contrary Party together with all their Rights Actions and Successions them befalling even since the beginning of the War yet so that no Demands shall be made of the Incomes Fruits or Revenues receiv'd or forfeited during this War from the seizing of the said Rents Immoveable Goods and Benefices to the Day of the Publication of this present Treaty XIX Neither shall any thing be demanded or pretended to of Debts Effects and Moveables which have been confiscated before the said Day nor shall the Creditors of such Debts or Trustees of such Effects their Heirs or any other pretending Right thereto commence any Prosecutions or pretend to recover the same Which Re-establishments and and Restorations in Form aforesaid shall extend in Favour of those who shall have sided with the contrary Party so that by virtue of this Treaty they shall be restor'd to the Favour of their King and Soveraign Prince as also to their Estates such as they shall find 'em at the Conclusion and Signing of this present Treaty XX. The said Re-establishment of the Subjects of both sides shall be made according to the 21st and 22d Articles of the Treaty of Nimeghen notwithstanding all Donations Concessions Declarations Confiscations Forfeitures Preparatory or Definitive Sentences pronounc'd by reason of the Contumacy or Absence of the Parties and they unheard Which Sentences and their Judgments shall be null and of no effect as if never given or pronounc'd with full and absolute Liberty for the said Parties to return from the Countries whither they were withdrawn personally to enjoy their Estates and Moveables Rents and Revenues or to settle their Hâ—bitations out of the said Countries in such Place as they shall think convenient it being at their own Choice and Election so that they shall be free from all Constraint in that respect And in case they rather choose to abide in any other Place they may depute or entrust such Persons as lie under no Suspicion whom they shall think fit for the Government and Possession of their Estates but not in respect of Benefices requiring Residence which shall be personally administred and serv'd XXI The 24th and 25th Articles of the said Treaty of Nimeghen concerning Benefices shall be observ'd and consequently they who were provided with Benefices by either of the Two Kings who at the Time of the Collation possess'd the Cities and Countries wherein the said Benefices were situated shall be maintain'd in the Possession and Enjoyment of the said Benefices XXII The Subjects on both sides shall have Liberty and full Power to Sell Exchange Alienate or otherwise dispose of as well by Deeds between the Living as by their last Testaments the Estates and Effects Moveable and Immoveable which they have or shall have under the Dominion of the other Soveraign and any one may buy 'em Subject or not Subject without any necessity of any Licence for the said Sail or Purchace or any other Permission then this present Treaty XXIII In regard there are some Rents which belong to the Generality of certain Provinces of which one part is possess'd by his Most Christian Majesty and the other by the Catholick King it is covenanted and agreed That each shall pay his Share and Commissioners shall be appointed to receive what each of the said Kings shall pay for their particular Shares XXIV The Rents legally settl'd or due upon the Demesnes by the preceding Treaties and of which the Payment shall be made appear in the Accompts given in to the Chambers of Accompts by the Receivers of their Most Christian and Catholick Majesties before the said Cessions or Surrenders shall be pay'd by their said Majesties to the Creditors of the said Rents under whose Dominion soever they may be French or Spanish or any other Nation without distinction XXV And in regard that by the present Treaty there is a good and lasting Peace made as well by Sea as Land between the said Kings in all their Kingdoms Countries Lands Provinces and Signiories and that all Hostilities ought to cease for the Future it is stipulated That if any Prizes are taken on either side in the Baltick or North Seas from Terneuse in Norway to the end of the Channel within the space of 4 Weeks from the end of the said Channel to Cape St. Vincent within Six Weeks and from thence in the
granted pass'd and stipulated between the above-mention'd Plenipotentiary-Embassadors of the said Most Christian and Catholick Kings in the Name of their Majesties which Plenipotentiaries by virtue of their full Powers Copies of which shall be affix'd at the bottom of this present Treaty have promis'd and do promise under the Obligation of all and every the Territories and States present and to come of the Kings their Masters That they shall be inviolably observ'd and accomplish'd and that they will cause them to be sincerely and uprightly ratify'd without any Additions and to produce the Ratifications by Letters Authentick and seal'd wherein the whole present Treaty shall be inserted Word for Word within Six Weeks to commence from the Day and Date of the present Treaty or sooner if it may be Moreover the said Plenipotentiaries have promis'd and do promise in the said Names That the said Letters of Ratifications being produc'd the said Most Christian King as soon as may be in the Presâ—nce of such Person or Persons as the said Catholick King shall please to appoint shall solemnly swear upon the Cross Gospel Canons of the Mass and upon his Honour fully cordially and faithfully to observe and fulfil all the Articles contain'd in this present Treaty And the same thing shall likewise be done as soon as may be by the said Catholick King in the presence of such Person or Persons whom it shall please the Most Christian King to depute In Testimony of which Things the said Plenipotentiaries have subscrib'd the present Treaty with their Names and seal'd it with their Seals Given at Riswick in Holland September the 20 th 1697. Thus Sâ—gn'd in the Original L. S. N. I illieroot L. S. De Harlay Bonnueil L. S. Verjus de Crecy L. S. De Callieres But though the Imperialists seemed to be a little concern'd at these Proceedings of their Allies yet they thought it the most advisable way to agree to a Cessation of Arms which was done two Days after the Signing of this Treaty and Expresses were immediately Dispatched to the respective Armies upon the Rhine to cease from any further acts of Hostility Yet before advice could come hereof to Prince Lewis of Baden he had taken the Castle of Eberemburg and was going to lay Siege to Kirn also But what was perhaps more mortifying to the Imperial Ministers than all the rest was that advice had not come a few days sooner of the wonderful Success of the Emperors Arms in Hungary which would in all likelihood have a little cooled the eagerness of those powers that had already signed the Peace and made the French more complyant with the Emperor and Empire's Demands But though they failed herein yet certainly such an advantageous Battle has not been fought in the whole course of this Bloody War which had now lasted for 15 Years And before we go any further its fit we should give a few particulars of this memorable Action The Imperialis is true miscarried in the first Design they had concerted to begin the Campaign with the taking of Bihatz the more than ordinary Opposition they met with there and the Rebellion that brake forth in Vpper Hungary which was calculated to have begun about the time of the Election of Poland having occasioned them to draw their Troops that way But though the Head of this last Hydra was quickly cut off yet the Turks headed again by the Grand Seignior in Person seemed to come very formidable into the Field and threatned to give new Life to this Monster again or to push quite through Transylvania and thereby entirely despoil the Emperor of the Benefit of that Principality Though other Aspects of the Enemies Motion gave the Germans Umbrage that they designed to attack Peter Waradin But while Prince Eugenius of Savoy who commanded the Imperial Army lay at Belsche he received upon the 12th of Sept. the Confirmation of the Intelligence that he had had before That the Infidels had a Design to march directly to Segedin with this Addition That several Parties of Turks and Tartars were sent out to burn and plunder the Country A Captain of Zenta also Tokeli by Name reported That about Noon the Enemy was at Zenta and that they had detached a Body of Horse in order to destroy all before them For the better Assurance of the Truth of which two Parties of 60 Horses apiece were sent upon the Scout In the mean time the Army decamped before Day and marched in 12 Columns Six of Horse and Six of Foot the Artillery in the middle in which Order they continued their March till 9 in the Afternoon in which time some of the Parties sent to get Intelligence brought word That they met the Enemies Guards near Zenta Hereupon the Hussars were immediately sent away to succour and bring them off who having performed their Orders took a Bassa Prisoner and returned without the Loss of one Man The Bassa was examined and threatned to have his Head cut off if he did not tell the Truth He told them That the Grand Seignior had a real Design to march directly to Segedin and to try if he could make himself Master of it in his March because he was assured by Tekely and the Corussâ—s That it might be easily taken before the Imperial Army could overtake them and withal That the City was defenceless But understanding that the Imperialists who were decamped from Peter Waradin followed them close at the Heels and that there was a numerous Garrison in Segedin he had stopt at Zenta and had laid a Bridge over the Theysse which they had brought in Waggons and which had been built at Belgrade last Winter by the Direction of a Frenchman being a neat good commodious Invention That now the Grand Seignior had a Design to march into Transilvania and Vpper Hungary to which purpose he had already passed the Theysse in Person with some Thousands of Horse That the last Night when this Bassa was sent upon the Scout the Artillery and heavy Baggage began to pass the same River but that the rest of the Army was still on the other side with above an Hundred Pieces of Cannon nor could he tell whether those Troops would pass the River or no That in the mean time the Turks were already intreâ—ched and that they had begun to cast another Intrenchment at the Head of the Bridge The Bassa added That the Tartars Corusses and some Turks burnt all the Country before them though as he said they had received no such Orders from the Sultan which was not easie to be believed Upon this Information the Army continued their March receiving Advice every Moment by the Hussars and Spies That the Enemy was still crossing the River and that their Cavalry were stirred out of their Intrenchments according to Custom to skirmish with the Christians Two Hours after other Prisoners gave an Account That the greatest part of the Horse were already on the other side of the River and the
this effect that the said City of Strasburg be quite razed out of the Matriculation or Register of the Empire XVII It shall nevertheless be lawful for all and every one of the Inhabitants of the said City and its Dependences of what condition soever they be who are willing to depart from thence to go settle themselves in any other place where they please and whither they may transport their Moveable Goods without any leâ—t hindrance diminution or exaction during a whole Year next after the Ratification of the Peace and during the space of five Years in executing the Conditions which are wont to be perform'd from all Antiquity and Time out of Mind in the said Countries in such like Cases and may sell or put off their Moveable Goods or retain and keep them and manage them themselves or cause them to be governed and managed by others the same liberty of keeping and managing their Immovable Goods themselves or of getting them managed by others shall appertain to any other Member or Subject of the Empire be they mediate or immediate who shall have any Goods Revenues Debts Actions or Rights within the said City and Dependences thereon whether it be that they have always enjoy'd them or whether they may have been confiscated during or before the War or given to others the which ought to be restor'd by the present Agreement of what nature soever they may be or in what place soever they may be situate provided also that the Ecclesiastical Jurisdiction shall remain to those whereunto it did from all Antiquity belong and without any body presuming to withstand the same or hinder the exercise thereof XVIII In like manner also His Most Christian Majesty shall on his part restore within thirty days next ensuing the Ratification of the present Treaty to his Imperial Majesty and Empire the Fort of Kiel together with all and singular its Rights and Dependences which first was built by His Most Christian Majesty on the right Hand of the Rhine intire and without demolishing any thing thereof And as for the Fort of Pille and others raised in the Isles of the Rhine they shall be totally razed within a Month or sooner if possible at the sole Expence and Charges of the Most Christian King and not to be new raised or rebuilt hereafter by either Party And as to what relates to the Navigation and other Usage and Customs of the River it shall be free and open for the Subjects of both Parties and for all other that shall have a mind to pass sail or convey their Merchandize that way without any permission being allowed to either of them to undertake any thing there or else-where for to turn the said River another way and thereby any ways to render the Course of Navigation or any other Usage or Custom more difficult much less shall it be permitted to erect new Customs Rights Imposts or Tolls or to augment the ancient ones to oblige the Boats to come ashore at one Bank rather than other there to expose their Lading or Merchandize or to take in any but all that shall be wholly left to every ones Liberty XIX His Most Christian Majesty does likewise deliver up to his Imperial Majesty and to the Most Serene House of Austria the City and Fortress of Friburg as also the Fort of St. Peter and the Fort called the Fort Del ' estoile or Star and all the other Forts newly erected or repaired there or elsewhere in the Black Fonest or in any other part of Brisgow every one of them in the self-same Condition wherein it remains at present without demolishing or damnifying any thing together with the Villages of Leken Mertzhauzen and Kirchzarth with all their Rights thereunto belonging as they were yielded up to His Most Christian Majesty by the Peace of Nimeguen or possessed occupied or enjoy'd by him together with all the Archives Records and all and every the Documents or Writings found therein at the time his said Majesty was put in possession of the same whether they be still in the places or convey'd else-where always reserving without prejudice the Dioâ—esan Right with other Rights and Revenues of the Bishop of Constans XX. In like manner His Most Christian Majesty delivers and conveys to his Imperial Majesty the City of Brisac wholly in the Condition it now is with the Granaries Arsenals Fortifications Ramparts Walls Towers and other Edifiâ—es both publick and private as also the Dependences situate on the right Hand of the Rhine leaving to the Most Christian King those which are on the left and among others the Fort called the Mortar But that which is called the New City situate and being on the left Hand of the said River with the Bridge and Fort built in the Isle of the Rhine shall be totally demolished and razed never more to be rebuilt by the one party or the other More-over the same Liberty of removing from Brisac to any other place which was agreed upon as to the City of Strasburg must be considered as repeated in this place word for word XXI The foresaid Places Cities Castles and Fortresses together with all their Jurisdictions Appurtenances and Dependences made over and deliver'd to his Imperial Majesty by His Most Christian Majesty shall be surrendred and deliver'd without any reservation exception or detention whatsoever faithfully and honestly without any delay lett hindrance or pretence to such who after the Ratification of the present Treaty shall be appointed or in a more special manner deputed to that effect by his Imperial Majesty or have made it appear to the French Intendants Governours or Officers of the Places so to be delivered insomuch that the said Cities Cittadels Forts and Places with all their Priviledges Emoluments Revenues and Immunities and all other things whatsoever contained therein may return to be under the Jurisdiction actual Possession and absolute Power and Sovereignty of his Imperial Majesty and the House of Austria and may so remain for ever-more as they belonged to him in former times and have been hitherto possest by His Most Christian Majesty the Crown of France not retaining or reserving to it self any Right Claim or Pretension to the fore-mention'd Places and their Jurisdiction Neither shall they demand the Cost and Charges expended in the Fortifications or other publick or private Edifices nor shall the full and intire Restitution be put off and deferred for any Reason whatsoever from being performed within thirty days next after the Ratification of this present Treaty so that the French Garrisons may depart thence without causing any Molestation Damage or Trouble to the Citizens and Inhabitants or any other Subjects of the House of Austria whatsoever under pretence of Debts or what pretensions soever Neither shall it be permitted to the French Troops to stay any longer time in the Places that are to be restor'd or any other place not belonging to His Most Christian Majesty there to take up their Winter-Quarters or sojourn
therein but shall be forced immediately to repair to the Territories belonging to the Crown of France XXII There shall be likewise restored to his Imperial Majesty and the Holy Roman Empire the Town of Philipsburg in its best Condition with the Fortifications adjoining thereto that are on the right Hand of the Rhine and all the Ordinance and Artillery that was there when France seized on it the last time with this Proviso That the Right of the Bishop of Spires be altogether excepted upon the account of which the fourth Article of the Treaty of Peace at Nimeguen is to be look'd upon as repeatable in this place in express Terms But the Fort that was built on the Left side of the Rhine and the Bridge that was made by the Most Christian King's Order after the taking of it shall be utterly demolished XXIII The Most Christian King shall take care to cause the Fortifications built over against Hunningen upon the Right side in the Isle of the Rhine to be razed at his own proper Cost and Charges restoring the Grounds and Edifices to the Family of Baden The Bridge also built in this place upon the Rhine shall be demolish'd likewise XXIV They shall likewise destroy the Fort that was built on the Right side of the Rhine over against the Fort called Fort Louis the said Fort and Isle remaining in the Power of the Most Christian King and as for the Ground of the demolish'd Fort it shall be restored together with the Houses to the Marquess of Baden They shall more-over destroy that part of the Bridge that goes from the said Bridge to the Isle which shall never be repaired hereafter by either Party XXV The Most Christian King shall likewise cause to be demolish'd the Fortifications added after the Peace of Nimeguen to the Castle of Trarbach and the Fortress of Montroyal upon the Moselle without any Body's presuming to repair them for the future yet leaving the Fortress of Trarbach intire to be wholly restored with the City and its Appurtenances to its former Possessors XXVI They shall likewise demolish the Fortifications added by the Most Christian King to the Fortress of Kernburg after which demolishing the City of Kernburg being left intire and untouched as also the other Goods and Chattels belonging to the Prince of Salm and to his Cousins the Rhinegraves and Vildgraves and other things shall be restored to be possessed in the same manner and with the very same Right they did possess them before they were turn'd out of them Upon which it is agreed and consented to by the present Treaty XXVII The New Fortifications added by the Most Christian King to the Fortress of Ebernburg shall also be demolished and the Fortress to be afterwards restored to the Barons of Sickenguen with other Estates belonging to them which are to be restored to them by both Parties XXVIII The Duke of Lorrain having been united to his Imperial Majesty in this War and having a desire to be comprehended within this present Treaty he shall be accordingly re-instated for himself his Heirs and Successors into the free and full Possession of the States Possessions and Goods which Duke Charles his Uncle by the Father's Side was possest of in the Year 1670. at such time as the Most Christian King seized upon them excepting notwithstanding the Alterations and Changes explain'd in the following Articles XXIX His Most Christian Majesty shall particularly restore to the said Duke the Old and New City of Nancy with all its Appurtenances and the Artillery that was found in the Old City at the time of its being taken upon this Condition nevertheless That all the Ramparts and Bastions of the Old City remaining intire with the Gates of the New the Ramparts and Bastions of this latter as also the whole exteriour Fortifications of both shall be intirely razed at the sole Charge of the Most Christian King never to be any more re-built for time to come Except the said Duke and his Successors shall have a mind when they please to enclose the New City with a single dry Wall without a Flank XXX His Most Christian Majesty shall likewise cause the Castle of Bitsch to be evacuated with all its Appurtenances as also the Castle of Homburg by causing all the Fortifications to be razed before-hand that they may never more be repaired yet so that the foresaid Castles and Cities that are adjacent thereto may receive no Damage thereby but may remain totally untouch'd XXXI Upon the whole Whatsoever hath been ordered as above-said in the IVth Article in reference to Unions and Re-unions shall be as serviceable and advantageous to the said Duke as if it had been here repeated verbatim in what Place and after what Manner the foresaid Unions and Re-unions have been made and ordained XXXII His Most Christian Majesty reserves to himself the Fortress of Saar-Louis with half a League round about it which shall be marked out and limitted by the Commissioners of his said Majesty and by those of Lorrain by him to be possess'd Sovereignly for ever XXXIII The City and Prefectship of Longwi together with all its Appurtenances and Dependences shall also remain in the Power of the said Most Christian King his Heirs and Successors with all Superiority Sovereignty and Property without the said Duke his Heirs or Successors pretending henceforward to claim any Right therein but in exchange of the said City and Prefectship his said Most Christian Majesty will put another Prefectship into the Hands of the said Duke in one of the three Bishopricks of the same Extent and Value whereof the said Commissioners shall bona fide agree upon And the said Prefectship so made over and conveyed by the Most Christian King to the said Duke he the said Duke as well as his Heirs and Successors shall possess it to the Words end with all the Rights of Superiority Sovereignty and Property XXXIV The Passage shall be always open through the Territories of the said Duke without any Obstacle or Impeachment to the Most Christian King's Troops who shall go or come from the Frontiers upon Condition nevertheless that timely Notice of it shall be given before-hand that the Soldier that passes shall not go out of his Way but may pursue the shortest and usual Way and duly continue his Road as he ought without delay He shall not commit any Violence nor do any Damage to the Places and Subjects of the Duke and shall pay ready Money for Victuals and other Necessaries that shall be delivered to him by the Commissioners of Lorrain Mutually abolishing and causing the High-ways and Places that his Most Christian Majesty had reserved to himself by the Peace of Nimeguen to return to the Power and Jurisdiction of the Duke without any Exception XXXV The Ecclesiastical Benefices conferred by his Most Christian Majesty till the very day of the present Treaty shall remain in the Enjoyment and Possession of those who possess them at present and who have obtained
end but the stubborn old Gentleman shew'd altogether as much Aversion on the other hand and ordered the Senators Lords and Gentlemen that were confedederated in the Rocosche to meet the 18th of February To encounter which in some measure the King thought of no better way than to issue out his Circular Letters to summon the Dyet of Pacification to Assemble on the 16th of April But this being thought not sufficient as soon as the Rocosche was met at Lowitz the King sent the Grand Mareschal of the Crown and the Great Treasurer of Lithuania as his Deputies thither with a Letter also from his Majesty to the Assemby But the Title of Commissioners and some Expressions in the Letter which were thought too smart offended the Rocosche to that degree that they not only refused to admit the Deputies but they were also forced to retire to the Castle of Lowitz after a narrow Escape from some Danger Nay the Common People grew so insolent that they fired upon the Windows of the Brandenburg Envoy's Lodgings notwithstanding his publick Character and the Prohibitions of the Cardinal Primate to the contrary The Deputies hereupon sent presently Advice of what had passed to the King who sent them another Letter with new Powers However after some Contestation they received the Letter and then drew up the following Articles 1. POsitive Assurances were demanded from Rome of the Change of the King's Religion 2. That the Queen should embrace the same Religion 3. That it should be also settl'd in Saxony 4. That the Provinces dismember'd from the Crown should be re-united 5. That an account should be given of the Money that had been expended 6. That the Pacta Conventa should be drawn up by themselves and presented by the Marshall of the Rocosche 7. That the vacant Employments which had been dispos'd of should be confirm'd by new Pattents 8. That all the Foreign Forces should be sent away 9. That in consideration of the Damages done by the Saxon Soldiers the Elector should grant Winter-Quarters to the Polanders in the Countries under his Dominion 10. That no Employments should be given to Foreigners 11. That the Indigenat granted to the House of Saxony should not extend beyond the Electoral Branch 12. That being acknowledg'd for King he should not assume the Title of Elector 13. That the Damages done by the Army should be repair'd at the Expences of the Grand General 14. That all the Officers of the Army and of the King's Guards should be Roman Catholicks 15. That all unprofitable Foreigners should be sent away 16. That the City of Danzick should have Reparation for the Damages sustain'd by the War upon the Account of his Electoral Highness 17. That a Decree should be publish'd against the Bishop of Cujavia by which he should be forbid to Crown any King 18. That Enquiry should be made into the Violence that was made use of in forcing the Treasury that the like Attempt may be prevented for the future 19. That the Ecclesiasticks shall not be molested in the Enjoyment of their Estates 20. That General Brandt shall be prosecuted in the Courts of Justice for the Damages done by his Men for which Satisfaction shall be given 21. That all Acts made during this Fraction or Division of the Republick shall be cancell'd and made void Some there were for all this who submitted to the King who notwithstanding the ill Success of the said Assembly and their exorbitant Demands resolved upon his Journey into Prussia And on the 17th of March arrived near Danzick into which place he made his Publick Entry with great Magnificence was treated most splendidly and on the 25th received the Homage of the City after he had confirm'd their Privileges and taken an Oath to maintain them according to the usual Form But his Majesty all this while did not forget to notifie his Advancement to the Polish Throne in all the Courts of Europe and Major General Jordan was more particularly sent into France upon that occasion In the mean time Seignior Paulucci the Pope's Extraordinary Nuncio arrived at Warsaw And because the King was then absent at Danzick he sent to Lowitz to give the Primate notice of his Arrival and presently after went to Visit his Eminency at the same time consigning the Pope's Brief into his Hands whereby he was exhorted to employ his utmost Care to settle the Tranquility of Poland and to preserve and procure the farther Advantage of the Roman Catholick Religion Assuring him That he had ordered his Nuncio to omit nothing upon all Occasions that might tend to the Preservation of the Rights and Priviledges of his Eminency To which the Cardinal answered That he would always submit to his Holiness in Spirituals That if his Holiness after he had seriously examined the State of things were of Opinion the Roman Catholick Religion was safe he was willing to believe so too But as to what concerned the Temporal Interests of the Republick he could not quit them without Injury to his own Character and Dignity without drawing upon himself the Reproach of the Nation and without being brought under a Necessity of becoming answerable for it in his own Person However that he accepted the Mediation of the Holy Father with a filial Obedience This was a pretty good Pace for tho' the Dyet of Pacification upon the King's return meeting upon the time appointed made but a very small Appearance and that some of them flung out of the Assembly with a Protestation and persisting in their Demands of a Dyet to be held on Horse-back Yet the Cardinal Primate who was to have held the Assembly of the Rocosche April 15th put the same off till the 5th of May And when they then met there was but a very small Appearance and all the Opposition they pretended to make signified nothing For the good Offices of the Nuncio at length so far prevailed that on the 16th of May the Treaty of Accommodation was fairly writ publickly read with all its Explanations and then signed by the Commissioners as the King 's Plenipotentiaries by the Cardinal Primate Marshal of the Rocosche Deputies of the Palatinates that were present and by Seignior Paulucci as Mediator and Guarrantee of the Treaty The Articles consisted of twelve Particulars to this purpose 1. THat the King shall use his utmost Endeavour to bring over the Queen to the Catholick Religion and that he shall prove by visible uncontroulable and authentick Testimonies and such in a word which the Primate and the Pope's Nuncio shall deem proper that he has effectually embrac'd the Catholick Religion 2. That he shall dismiss all the Lutheran Ministers that are in his Army 3. That he shall give an Authentick Act to the Republick by which he shall consent that the Liberty of Suffrages and Elections shall be restor'd and promise never to re-demand the vast Sums which the Crown has cost him 4. That he shall pay all the Arrears which are due to