tion of all this, the Landgrave fhall take no toll for warlike ftores and provifions, and other effects of that nature, which may pafs through his country. VII. The King fhall guaranty all the eftates which his moft Serene Highness poffeffed before the French feized them, and all the rights of the house of Heffe Caffel. VIII. His Majefty fhall guaranty to that Prince the act of affurance given him by his fon the hereditary Prince with regard to religion; and fhall not fuffer it to be violated by any perfon, or under any pre text. IX. The Moft Chriftian King Efhall ufe his intereft with the Emperor and the Emprefs Queen, that, in confideration of the immenfe loffes and damages his moft Serene Highness hath fuffered fince the French entered his country, and of the great fums he lofes with England, in arrears and fubfidies, by this accommodation with his Moft Christian Majefty, he may be ex: cufed from furnishing his contingent to the army of the Empire, and from paying the Roman months granted by the Dyet.of the Empire. X. If, in refentment of this convention, the eftates of his mof Serene Highnefs fhall be attacked, the King fhall give the most speedy and efficacious fuccours. Tranflation of a memorial prefented His Imperial Majefty hath been - pleased to communicate to the Dyet of the Empire, by a pretended moft gracious decree of the Aulic Council, dated the 28th of Auguft lat, mandates iffued the 21ft of the fame month, on pain of the ban of the Empire, and with avocatory letters thereto annexed, against his Majefty the King of Great Britain, my moft gracious Mafter, and alfo against fome others of the moft refpectable Princes of the Germanic Empire. There is not an example of this kind in the history of the Empire. His Britannic Majefty, during the one and thirty years of his glorious reign, hath obferved fo unimpeach able a conduct towards all his coeftates of the Empire, without diftinction of religion, that no Prince of the Empire hath received greater proofs of esteem and confidence than he can produce. His Majesty hath, as much as the weakest ftates, always obferved right and juftice. On the death of the Emperor Charles VI. he beheld the time, which will be a famous æra in the hiftory of the houfe of Auftria, when the crown of France poured numerous armies into the Empire to exterminate that house, and make itself master of Germany. His Majefty, in his double capaci ty of King and Elector, put himfelf in the breach; he led in perfon the auxiliary army of her Majefty the Emprefs Queen, the greateft part of which was compofed of his own troops at the battle of Dettingen he expofed his facred perfon for that Princefs, and his Royal Highness the Duke of Cumberland his fon, ftill bears the scars of wounds there received, The year 1745, when his prefent Imperial Majefty was chofen Emperor, is ftill recent in the memory of all the states of the Empire, as well as the pains which his Britannic Majefty took upon that occa→ fion. He purchased the preferva tion of the house of Austria, which was effected by the peace of Aix-laChapelle, with the blood of his fubjects, and by means of the moft important conquefts of his crown. He hath endeavoured to maintain the Imperial crown in that house, by negotiations for the election of a King of the Romans. The treaty of fucceffion concluded with the Duke of Modena, and the aggrandifement refulting from it to the house of Auftria, was owing to his Majefty's friendship for it. of that Princess which attacked the King's dominions. The Empress Queen fends commiffaries to Hanover, who are to fhare, and actually did fhare, with the crown of France in the contributions. She rejects all propofals of peace; fhe difmiffes the King's minifters from her court; and after the divine Providence, according to its righteous ways, had, by a victory granted to the King's army, delivered the electorate from its enemies, when we were endeavouring to hinder the French troops from entering it a fecond time, as they threatened, and as all the world knows, his Imperial Majefty, who, by virtue of the capitulation which he has fworn, ought to protect the Empire, and at all times confider the Electors as its internal members and main pillars, and oppofe the entrance of foreign troops destined to op Inftead of a recompence, instead of performing the tender proteftations of regard and gratitude, which his Majesty then received from her Majftfty the Emprefs Queen, and which his magnanimity hinders him from making public; inftead of the observation due to the moft folemn treaties, her Majefty the Emprefs Queen refufes him the affiftance which the ought to give him against an invafion, proceed-prefs the ftates of the Empire,' ing wholly from the hatred of finds it his duty, without making France, which his Britannic Ma- the least mention of this invasion jefty has drawn upon himself by his by the French troops, to require friendship to that Princefs; and his Majefty to withdraw his troops his Imperial Majefty even denies from the countries where they then him the dehortatorial letters he fol- were, to put a stop to all his warlicited. The court of Vienna figns like preparations, and by that a treaty with the crown of France, means, again open a paffage for the in March 1757, at a time when his French army to enter his German Majefty's troops were quiet in his dominions. His Imperial Majefty own dominions, by which the thinks proper to recal the King' French troops were to pafs the troops, to release them from their Wefer the ioth of July, and enter allegiance, and duty to his Mathe electorate of Hanover. She jefty; to enjoin them never more joins her troops to thofe of that to obey his orders, but to abandon crown, and ravages the King's do- their colours, their fervice, and minions worse than the French their pofts; threatening the faid troops had done. The fame Duke troops with punishment, in body, of Cumberland who was wounded honours, and eftates; and the King at Dettingen in defending her Im- himself with being put under the perial Majefty, is obliged to fight ban of the Empire, which is not at Haftenbeck, against the troops in the power of the Emperor; and em employing in the proceedings on this occafion, a ftyle proper only to be used to a Tufcan or an Auftrian fubject. The public has already judged of thefe proceedings, and history will tranfmit them to pofterity, without difguife, but with indelible colours. His Britannic Mrjesty still retains the fame veneration for the Germanic body that refpect peculiar to the houfe of Brunfwick-Lunenbourg, which will always hold it inviolable, is become habitual to his Majefty in particular: accordingly he again hath recourse, in quality of Elector, to the Dyet of the Empire by means of this memorial, though previously referving himself a power to do it hereafter in a more ample manner. The records of the Empire fhew what he has done for Germany in such a manner, that at leaft it cannot yet be forgotten in that country. He hopes that upon his occafion it will have fome weight, the rather, as his high co-eftates will eafily confider, that what is now endeavoured to be done to his Majefty, may one day, and perhaps fooner than they think, be done to themfelves. His Majefty, as Elector, is charged, ift, with not conforming to the refolutions taken the 17th of January, and the 9th of May, laft year; but, on the contrary, refufing his concurrence, and declaring for a neutrality: 2dly, With giving fuccours, aid, and affistance, to his Majesty the King of Pruffia, entering into an alliance with that Prince, joining his troops to thofe of Pruffia, under the command of a General in the fervice of his Pruthan Majesty, of fending Eng lifh troops into Germany, and making them take poffeflion of the city of Embden, and employing the auxiliary troops of fome other ftates of the Empire: And, 3dly, it is complained that contributions had been exacted in his Majesty's name of divers states of the Empire. With regard to the first charge, it is very true, in the deliberations held at the Dyet of the Empire the beginning of last year, it was given as his Majefty's opinion, as well as that of most of his Proteftant co-eflates, that the prefent troubles fhould be amicably terminated. His Majesty in giving this opinion, had, as ufual, no other view than what equity and the good of the Germanic Empire feemed to him to require. Whatever judgement shall be formed of the unhappy war that hath broke out, the public will always remember, that by a bare declaration of her Majefty the Empress Queen, That she would not attack his Pruffian Majefty,' the rupture would have been avoided, and the effusion of much blood, as well as the defolation of Germany, prevented. The states that have fuffered by the calamities of the war, may judge whether the way that was taken was the fhorteft for the re-establishment of peace, fo much to be defired; and whether it were not to be wished that, laying afide all private views, his Britannic Majefty's propofal had been followed. It is true, his Majesty took no part in the refolutions, which were contrary to his fentiments. But the laws of the Empire have not thereby received the leaft infringement. The question, whether 222 in materia collectarum, the majority be fufficient, has been referred ad comitia imperii, by the inftrumentum, P. W. Art. v. §. 52. and is yet undecided. It is not by the plurality of voices that it can be there determined, but only by means of an amicable accommodation; fince otherwife that reference would have been a very useless course; and it is well known, at the negociations for the peace of Weftphalia, what was the tendency of the opinion of the Catholic ftates, which formed the majority; thofe very ftates, and all other members of the Empire, ought however to confider well, whether it be their effential intereft to acknowledge, in the prefent cafe, that every ftate in the Empire is obliged to fubmit to the majority of votes, in matters of confent, as in the prefent cafe; which the principal Catholic Electors have in other cafes denied; and which will certainly be retorted upon them time. proper But whatever principles fhall be affumed, with regard to this queftion, nothing is more evident, than that, confidering circumftances and the fituation of the affair then and now in queftion, his Majefty could never be required to give his troops to comply with thofe refolutions of the Empire. All Germany knows, tho' the decree of the Aulic Imperial council fays not a word about it, that at the very time when thofe refolutions were taken, his Majefty's electoral dominions were most un justly threatened with an invafion by France. In the month of March that year, the court of Vienna figned a convention with This invafion France, by virtue of which the enemy was to pafs the Weferin the month of July, and enter the King's territories. was made accordingly. The Emprefs Queen joined her own troops to thofe of France; and in re turn ftipulated by folemn treaties, figned before-hand, to have half of the contributions that fhould be exacted. The damage which the King's fubje&us fuffered by the firit invafion, exclufive of the fums which the provinces were to furnish (and which have been paid out of the Royal demefnes) amounted to feveral millions. And still the unjust rage of his Majesty's enemies was not exhaufted. The French army, which entered on another fide under the command of the Prince de Soubife, in company with the troops of Wirtemberg, which the reigning Duke, a thing of which there is no example, led himself, under a French General, against a co-eftate, hath again invaded, for the fecond time, his Majefty's dominions and those of his allies; exacted infupportable contributions; carried off the King's officers, entirely foraged the country, and plundered feveral places, and committed the greatest diforders, whilst the court of Vienna boasts of having ordered this invafion (the fole end of which was to ravage the King's dominions and thofe of Heffe) as an effect of its magnanimity, and as a merit with the Germanic body. If in fuch circumftances his Ma jefty fhould be required to fufpend the preparations he has begun, and join the troops that he wants for his own defence to thofe, which, from the arbitrary views of the court of Vienna, are led against his Pruffian Majefty by a Prince who doth not belong to the Generality of the Empire, and on whom the command hath been conferred without a previous Conclufum of the Germanic body; the right of the ftates of the Empire to defend themselves when fuch defence fquares not with the views of the Imperial court, ought, at the fame time, to be fettled. It is hoped that things are not yet come to this pafs in Germany. Self-defence is the most urgent duty. The refolutions of the Empire cannot deprive the meaneft man, much lefs a free ftate, and an Elector of the Empire, of this right; nor require him to join the troops he wants for that end, to thofe, which jointly with the troops of France, have invaded his country, and shared in the contributions there extorted. In the fecond place, his Majefty doth not deny that he hath entered into an alliance with the King of Pruffia, which is entirely conformable to the rules of right: but as he is accountable to God alone for what he doth as King, on the other hand, in the report made of what he has done as Elector, the times which preceded have been confounded with thofe that followed the French invafion. From the beginning of last year his Majesty took every method to fhew, that the only thing he aimed at, without taking part, otherwife, in the war, was to oppofe the French foreign troops, knowing they were fent only to invade his electorate, as indeed they have employed themfelves almoit wholly in ruining eftates comprehended under the guaranty of the empire, as well thofe of the Duke of Saxony of the Erneftine line, of the Duke of Brunswick Wolfenbuttel, the Landgrave of HeffeCaffel, and the Count of LippeSchaumbourg, as those of his Majefty. This juft intention, founded on the laws, from which his Majefty hath been fo far from derogating in the fmalleft matter, that no inftance thereof hath been, or can be brought, did not, neverthelefs, hinder the French troops, who were furnished with the Emperor's letters requifitorial, from entering Germany in the avowed quality of auxiliary troops to the Emprefs Queen, in company with thofe of the house of Auftria and the Elector Palatine. The Empire hath already been informed, on the third of December last year, of the firft propofals made, both to the Imperial court, and the court of France, for an amicable determination of differences; proposals, which could not have been rejected, had not an hoftile attack been refolved on. These offers, which, from the manner in which they were received, his Majesty hath reafon to regret that he ever made, leave no fhadow of plaufibility to the reproaches that may be made on account of the engagement that enfued, in whatever light the King of Pruffia's caufe may be confidered. His Majesty is, indeed, fully perfuaded, that he might, at any time, have entered into an alliance with that Prince for their common defence; but no one can doubt, that, in this urgent neceffity, when he was left alone, he had a right to feek affiftance where it could be got. No fault can poffibly be found with that which the King of Pruffia gave him to deliver the electoral states of Brunswick, and thofe of Wolfenbuttel, Heffe, and Bucke |