IN

Page 285.

Bench or Juftices of Oyer and Terminer, may by the Laws of England; and if any Perfons be Indicted of High Treafon, &c. before any Juftices of Oyer and Terminer, or in the Circuit-Courts, &c. upon Request of the Queen's Advocate to the Lord Chan cellor of Great Britain, he fhall Award a Certiorari under the Great Seal, Directed to the Juftices of Oyer and Terminer, or Juftices of the CircuitCourts, &c. Commanding them to Certifie fuch Indictment into the Juftice-Court; which Court fhall proceed upon the fame, as the Court of Queen's Bench in England may do upon Indictments removed into that Court; And all Perfons Convicted after 1 July, 1709. fhall be liable to the fame Corruption of Blood, Pains, &c. as Perfons convicted of High Treafon in England.

Where any Perfon now is or fhall be before 1 July, 1709. feized of any Meffuages, Lands, &c. in Scotland, of an Eftate Tail, i, e. and Estate Tailzie, affected with Irritant and Refolutive or Prohibitive Claufes, and is or fhall be married before the faid 1 July, if any Iflue be living, or there be poffibility of Iffue at the time of the Treafon committed, then the Meffuages, Lands, &c. fhall not be forfeited on that Attainder, but during the Life of the Attainted, fo that the Heirs in Tail may inherit.

All Treafons, &c. committed after 1 July, 1709. by any Native of Scotland, upon the Sea, or out of this Realm, fhall be heard and determined before the faid Juftice-Court, or fuch Commiffioners of Oyer and Terminer, and in fuch Shire, &c. as fhall be Affigned by the Queen's Commiflion,and by good and lawful Men of fuch Shire, as if committed in the fame Shire; and no Perfon accufed of any Capital Offence, &c. in Scotland, fhall be liable to any Torture: But not to extend to take away that Judgment given in England against Perfons indicted of Felony, who refufe to plead.

Any Perfon may be returned a Jury-man in fuch Tryals, who fhall be feized of an Estate of Inheritance, or for Life, &c. in the County or Place where fuch Tryal fhall be, or from whence the Jury is to come of the yearly Value of 40 s. and for want thereof, or for any other lawful Caufe, may be Challenged.

Theft

Theft in Landed men, Murder under Truft, wil-n ful Fire-raifing, Firing Coalheughs, and Affaffi- Page 286. nation, which by particular Acts in Scotland were Treafon, fhall after the aforefaid time, be only deemed Capital Offences, and the Committers only liable to fuch Punishments as by the Laws of Scotland are inflicted on Capital Crimes in Scotland, and fhall be tried as Capital Crimes are by the Laws of Scotland.

Any Perfon flaying any of the Lords of Seffion, Lords of Jufticiary fitting in Judgment, after 1 July, in Scotland, fhall be guilty of High Treafon.

Any Perfon Counterfeiting Her Majefties Seals after i July, appointed by the 24th Article of the Union to be used in Scotland,fhall be guilty of High Treafon.

After the Deceased of the Pretended Prince of Wales, and at the end of Three Years after the immediate Succeffion to the Crown, upon the Demife of Her Majefty, fhall take effect, as the fame ftands limitted by Act 1 W. & M. for Declaring the Rights and Liberties of the Subject, &c. and by one other Act 12 W. 3. for the further Limitation of the Crown, &c. no Attainder for Treafon fhall extend to the Difheriting of any Heir, nor Prejudice the Right or Title of any other than the Of fender, during his Life; And every Perfon to whom the Right of any Lands, &c. after the Death of any fuch Offender might appertain, if no fuch Attainder had been, may enter into the fame.

And after the Deceafe of the Pretended Prince of page 287. Wales, and at the End of Three Years after the Succeffion to the Crown, upon the Demife of Her Majefty, fhall take effect, as the fame ftands limitted by the Acts before recited, when any Perfon is indicted for High Treafon, &c. a Lift of the Witneffes, and of the Jury, mentioning their Names, Profeffion, and Place of Abode, fhall be given at the fame time the Copy of Indictment is delivered to the Party indicted, which fhall be Ten Days before the Tryal, and in prefence of Two Witneffes.

1

Numb. XXIV.

ALETTER from the Marquis de Prié, the Emperor's Plenipotentiary at Rome, to Monfieur Heems,the Imperial Refident at the Hague, containing the True Account of the TREATY concluded with the Pope.

6

SIR, A

TH

HE Impatience the Allies have expreffed, to fee the Difputes between his Imperial Majefty our most Auguft Mafter at this Court, brought fpeedily to Conclufion, that the Arms of his faid Majefty and his faid Allies, may be altogether free, obliges me to acquaint you with the happy Conclufion of a Treaty, which after a great many Obftructions and Difficulties, was fign'd the 15th Inftant, by Cardinal Pauluci and my felf, as Plenipotentiaries of the Pope and the Emperor. I have all the Reafon in the World to hope, that this fincere Reconciliation will fupprefs all future Pretences and Measures of Miftrust and Jealoufy, and deftroy all the Hopes of our Enemies; fceing not only the Publick, but likewife this Court and the Minifters of the Pope themfelves, are fufficiently convinc'd of the juft Caufe his Imperial Majefty had to take Umbrage at their Preparations, and the Moderation he has exprefs'd on this Occafion. The new Levies of the Pope are all to be disbanded within 15 Days, and his Troops and Garrifons reduced to the ancient Foot, that is 5000 Men. All the Foreign Officers, who are fufpected, are alfo to be dif mifs'd; and his Holinefs has oblig'd himself to prevent the Caballing of the Malecontents from Naples,fettled in the Ecclefiaftidal Státe,againft the Publick Tranquility of the Kingdom. Comacchio is to remain in the Hands of the Imperialifts, till the Rights of the Empire and the Holy See are '. difcufs'd and examin'd in the Conferences I am to ' have

have with a Deputation of Cardinals. The Dif ferences about Parma and Placentia are likewife to be debated in the faid Conferences, that they may be fully adjufted, and that his Ho linefs and his Imperial Majefty may do them felves Juftice on the pretended Rights of the Church and the Empire. These are the most ef fential Points of the Treaty, the Publication where of is put off till the Ratifications of his Imperial Majefty are arriv'd. I have obtain'd befides, an Article much more important for the Glory of the moft Auguft Houfe of Auftria, and the Intereft of the Common Caufe; I mean the Recognition of his Catholick Majefty King Charles, the III. to whom his Holinefs grants all the Prerogatives which depend on the Holy See, among which are the Cruifado, Indultos and Nomination to B fhopricks, and other Ecclefiaftical Livings, and even to the Cardinal's Cap. His Holiness is to fend a Nuntio to the Court of Barcelona, and re ceive at Rome an Ambaffador from his faid Ma jefty. His Holinefs is alfo to grant a Bull relating Sto the Clergy, in the Kingdoms which are under his Obedience, of the fame Tenor, as that which was granted to the Duke of Anjou, which was fo much abused in Spain to the Prejudice of the Common-Caufe. The Spaniards will be thereby entirely undeceiv'd, and recover'd from the falle Prejudices which the Clergy in the Intereft of that Prince have given them; and there is all the rea fon in the World to expect, that that Declaration, which acknowledges the Right of King Charles the III. to the Crown of Spain, will favour the Succefs of the Arms of the Allies; and that they will meer no more with the Obftacles they had to ftruggle ⚫ with before, through the Prejudice and Prepoffeffion of the Spaniards

Σ

"The French Partifans have mufter'd all their. "Forces, and made almoft incredible Efforts to prevent this Accommodation; but above all, the Re cognition of King Charles, which they appprehend to be fatal to the Duke of Anjou, and capable to produce a Revolution in Spain, After having fet all Engines at work, by means of their fecret Friends and Emiffaries, who are numerous in this Court, L13

they

they are come to open Means, that is, Proteftations and Menaces, and any one may frame to himfelf a pretty jult Idea of the Uneafinefs and Refentment of France, by the Contents of the last Letter the Marefchal of Theffe has written to his Holinefs. The Minifters of the Two Crowns declare openly their Intention to quit this Court, and break all Correfpondence with it, affoon as the Recognition of King Charles is made publick. Notwithstanding thefe Proteftations and Menaces, the Pope expreffes a good Inclination, and even a great deal of Firmnefs, to make good the Affurances he has given to do Juftice to his Catholick Majefty, and proceed to the Declaration in a due form, by means of a Congregation of Cardinals, which is to meet for that purpofe. Ifhould think my felf too happy and my Pains over-paid, if thefe little Difputes we have had with this Court, fhould, in the conclufion, produce a Quarrel between France and the Holy See; and that the Pope was forc'd by the violent Proceeding of the Enemies, to favour the Intereft of the Common Caufe. I have endeavour'd to make his Holinefs and the whole facred College fenfible, that it is the undoubted Intereft of this Court, as well as of the reft of Europe, that the whole Spanish Monarchy be reftord to the most Auguft Houfe of Auftria.

·

Thus is brought to an end a Quarrel which has given fo much Uneafinefs to the Allies, and which turns intirely to the Advantage of the CommonCaufe, without having occafion'd the leaft Diverfifion to their Forces. All the Imperial and Auxiliary Troops, are forthwith to evacuate the Terri'tories of the Church, accordingto the Orders of his Imperial Majefty, to return to their ufual WinterQuarters, after having fubfifted near 3 Months in the Dominions of the Pope. Our Quarrel with his Holiness, being thus adjusted, and the reducing of his Troops already begun, nothing will retard the Imbarkation of the Troops for Catalonia, which would have been dangerous to attempt, while the Preparations of this Court gave a juft caufe of Uneafinefs; and that the Enemies were fomenting fome Troubles in Italy. I have received Orders from the King to haften that Imbarkation, which I have

done