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conscience not being published (if I remember right) in the Palatinate till after the court of Rome had pronounced sentence in favor of his Electoral Highness. After the publication of this liberty, followed the treaty, which gave the finishing stroke to so great and good a work. But that the reader may be the better able to conceive a clear idea of the whole transaction and to form a distinct judgment of the real springs of the said treaty, we must go a little further back and observe that all the Protestants of the Palatinate enjoyed full peace and tranquility under the late Elector, who was the first Roman Catholick since the Reformation; nor was there any such thing as complaints heard of till the year 1688, that the French had seized on that country, where besides the unspeakable cruelties exercised without distinction on the persons and possessions of all the subjects, they were not less sparing to violate all Rules and orders relating to their consciences introducing according to their constant custom, several innovatlons in matters of religion to the great prejudice of that christian liberty, which they found established there.

These violences were continued during the whole time of the last war, on the western side of the Rhine.

But they ceased on the other side as soon as the enemy had abandoned it, in the beginning of the year 1689, till the French having retaken Heidelberg in the year 1693 entirely burnt and ruined it.

This nevertheless did not hinder his father in the year 1690 to favor and preserve as much as he could, the ancient liberty of religion, which was so entire and impartial in his country, that one of the Protestant Electors built a church at Mannheim for the exercise of the three Religions, which he called, very suitable to its design, the Concordia.

Matters stood on this foot till the Treaty of Ryswick, which was concluded in the year 1697, and it is to be looked upon as the real source and occasion of all the complaints that have so much prepossessed the world against the Electoral Highness, because of his holding for some time to the fourth article of that treaty; which provides that notwithstanding all restitutions made by France to the Confederates, yet the Roman Catholic Religion shall remain within the places restored in the same condition as it is exercised at present among which places, the chiefest was the Palatinate, and which the French for many reasons had in their view at the making of this Treaty.

Were I not more concerned for the interest of truth, than the reputation of an orator, I would not ask here, how justly those Protestants could blame the Elector for observing an article to which themselves had given their consent? I would inquire how that article came to be agreed to by them at all? Or if the dread of the French King was a sufficient reason for their so doing, whether the same apprehension was not as good a ground for him to keep it, till that King became less dreadful to all 'em?

But I take no delight in finding of faults or rubbing of old sores; my purpose is rather to heal and reconcile, therefore I shall not insist on a supposition (which I might very naturally make) of some of our Protestant princes in the place of his Electoral Highness and consider whether in the like case he would be easily brought to turn those of his own religion out of churches whereof they were in possession by a solemn treaty and to introduce or establish the Roman Catholic's In their Room?

To proceed then with the narration of the fact, the publication of the entire liberty of conscience was the first step that the elector made to ease and satisfy his subjects. But as the Protestant ministers at Ratisbonne did most pressingly insist on the entire abolition of the fourth article of aforesaid, and the reestablishment of the affairs of religion on their ancient foundation, even as to join these things to matters of publick exigence such as the granting of troops and the like (which shows that taking is as fashionable at Ratisbonne as at Westminster.) For this reason I say, many deliberations were held in the Dyet about the means of terminating this difference, without their being able to pitch on any effectual expedient, till at length the elector (to demonstrate his readiness to accept all reasonable conditions) came to a resolution of having this affair adjusted at his own court by his proper ministers, and by those who were deputed for that end,

by his Majesty the King of Prussia, to avoid the usual dilatory proceedings of the Dyet, which gave small hopes of a speedy accomidation.

His Electoral Highness was not deceived in his judgment herein and perceiving what progress was made in this treaty in so little a time, principally by his own personal care and application, he did by his ministers both at London and the Hague invite the Queen and the States General to send thither Mr. Stanhope and Mynheer van Ghent, that it might be brought to a conclusion with the greatest honor and solemnity possible. I know that our Queen did readily consent to this offer, from her pious concern for the welfare of the Protestant churches abroad; and the States General having done much, I doubt not but both envoys had repaired to the Palatin Court, were it not that they were eased of that trouble by the succeeding of the accomidation sooner than was expected.

The treaty was concluded and signed by his Electoral Highness the 21st of November 1705; and the King of Prussia (who in this, as well as in other divers instances has equalized his zeal for the Protestant interest) was so highly satisfied therewith, that he made considerable presents to all the ministers of the Palatine Court, who had any hand in it.

The Elector did in the next place notify the Queen by his President Monsieur Steingens the public Declaration he made by virtue of the said Treaty, as may be seen in our Gazette. He did the like to the States General as well as the Imperial Dyet, and to all the Protestant princes.

I am likewise well informed, that the declaration was begun to be put in execution with as much fairness as dispatch, and with so great and universal a joy of the Protestants of the Palatinate, that they celebrated a day of public Thanksgiving for so remarkable and unexpected a blessing.

This is a succinct History of the matter of fact as punctually as I could have opportunity to make my observations.

I wish I could as easily give the like account of all the difficulties which so long retarded the conclusion of a business which seems to have been very fairly Intended on all hands.

For nothing having appeared from the press on this subject, I could only learn from my correspondent at that court, that after the elector's necessary temporizing with France and Rome (as aforesaid) the principal obstacle remaining, consisted in the fixing of the time, which was to serve as a rule whereby to order the intended reform; since it was requisite to pitch upon some certain period wherein things had been settled to the satisfaction of the Protestants. The innovations complained of not being introduced all at once, nor under one pretext.

The Protestants insisted on the year 1624 and the Electors ministers would have the year 1618 because it was provided by a treaty, that matters of religion should continue, in the Palatinate upon the same foot, as they were before the troubles which happened on the score of the kingdom of Bohemia; but as those troubles did not begin before the year 1619 it was reasonable to take the year immediately preceeding. The Palatine ministers did further urge that although all the other members of the empire were obliged to keep to the constitutions and regulations concerning religion, published by the general consent of the Empire; yet that it was not the same thing, as to their Electors, because that from the very beginning of the Reformation, they were in possession of a right to appoint in matters of religion (within their own Dominions) what they should think most convenient, without conforming to such orders as either were or should be issued by the Dyet of Ratisbonne; and that there were several precedents of our Elector's abrogating what his predecessor had established: so that if a Protestant Prince (for example) should ever happen to succeed, he must have the same right of changing in religion, what his Popish predecessor had introduced.

Now supposing this to be true as to fact (for I am far from allowing it is right) it must be owned that the Protestants in general are under a most sensible obliga tion to his Electoral Highness, who without any regard to so notable a privilege came to an agreement so advantageous to the Protestant Religion, as we shall more evidently show anon, and as will demonstrably appear by the Declaration hereto annexed.

It must be likewise confessed that the Elector Palatine has written of our own Queen in a most singular manner; by his extraordinary complaisance in paying

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so ready a Deference to the instances of her Majesty in so nice an affair as that
of religion to the prejudice of his particular right; and this by so much the more,
as that his Electoral Highness was known to declare, that if the King of Prussia
should not be content with what he had granted to the Protestants (which ap-
peared so reasonable to several engaged in this matter, that they acknowledged
they could have demanded no more, were it left to their sole arbitration) yet he
would not fail to put it in execution and to send the result thereof to the Maritime
Powers and the rest of the Protestant princes, to convince them, that it was none
of his fault, if all these differences were not amicably and finally adjusted.
Who could have the front after this, to tell the world, that his Electoral High-
ness is a persecutor of the Protestants? Considering especially that he confides
his armies to the care and conduct of Protestant Generals, that he indifferently
admits of Protestants into all his counsils, that one of his principal Secretaries
of State is a Protestant and that not only in the Palatinate, but also in the
Dutchels of Juliers and Burgues (where he makes his ordinary Residence) he
grants so entire liberty of conscience, as that the Protestants may publicly exer-
cise their religion and build churches where so ever they please. For my own
part I cannot but frankly acknowledge after all this, that I am cured of those
ill impressions which I formerly conceived against this prince, as to affairs of
religion, taking him at present to be as much a friend to the Protestants (making
a due allowance for his own persuasion) as I formerly believed him to be their
enemy. Nor can I but wonder at the long continuance of those false reports in
this country, notwithstanding the notoriety of the greatest part of the fact we
have hitherto related.

But I am much inclined to believe, that some who call themselves Protestants and who yet appear no great friends to the Confederates, nor to the Protestant succession in one of the Palatine family being exasperated at the Electors most particular zeal for the common cause, have made it their business to foment a distrust of him in the opinion of this nation and so to blast (if they could) all the kindness and confidence it seems to have a title to expecting from the Queen, after what he has done to the Protestants, with so principal a regard to her Majesty's interposition. Nay and how for even some princes, jealous of the Elector's glory and representing on these accounts may have contributed to spread those dishonorable reports, is matter fitter for private speculation than public discussion.

But as to what we have so often said, that his Electoral Highness is no persecutor it will clearly appear by the declaration he published in his territories upon the treaty lately concluded with the King of Prussia and which (as was mentioned before) he imparted to her Majesty, who was most highly pleased at the good issue of a thing she took so much heart from her tender regard to our Protestant Brethren abroad.

This declaration I have hereunto annexed at large, not only to satisfy the curiosity of the publick, but likewise as a piece that may serve for an excellent model for all transactions of the same kind. The Protestants themselves do not ordinarily grant one another what is done here by a Roman Catholic; for not only those of the different religions are equally made partakers of all privileges belonging to citizens, merchants, companies, and other societies; but are also admitted indifferently into all civil posts and magistracys to the shame of such as impolitically practice the contrary. 'Tis likewise provided with as much prudence and justice, as the thing is uncommon that those of our religion shall exercise no manner of Ecclesiastical jurisdiction over those of another; which to do is the greatest absurdity in the world, as it is most reasonable that those of the same communion should exercise their own discipline within themselves.

The Elector will quickly perceive the good effects of this equitable proceeding, both in the peopling of his countrys, which of consequence make him rich and powerful; and in the affection of his subjects, whose obedience is not half so well secured by any set of notions or doctrines (be they what they will) as by wholesome laws and an impartial administration.

But his most serene Highness is likewise so nice a judge and so magnificent a patron of the liberal Arts and Sciences, in forming this incomparable Declaration, he could not be unmindful of restoring the Universitys, not only to their ancient

splendor, but to make them likewise places of improvement to those of all persuasions; which serves to condemn the practice of those who regulate the Seminarys of publick education, as if none were to be learned or polite, but their particular society; and yet these will generally pretend to abhor like partiality in the Emperor Julian.

But here follow the Declaration to speak in its own behalf, where note that Evangelick signifies Lutheran and Reformed Calvinist.

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January 8, 1707.

[Portfolio "New York" Vol. i.]

New York, January 8, 1706/7.

Sir:- 1st Having seen a certain order of his Excellency's dated the third of January, 1706, relating to the case of the Dutch Church at Flatbush, I would observe that this has no foundation whatever in any of the laws and customs of the Realm of England, so far as this Province is concerned. But it militates grievously against them all; principally against the Magna Charta of England; also the law for the Abolition of the Star Chamber, made in the reign of Charles I, and others besides. It is therefore Extrajudicial, and of no validity.

2nd This order has not even so much in it, that it agrees with the common course of (legal) papers of England; as being without seal, etc.

3rd It is not so directed that it can be executed by any officers; it lets the execution go by judgment (or option); since it is not the natural consequence of judicial procedure.

4th Its contents, even in principle, embrace untruths, for it is known to every one that Freerman declined the call of Flatbush before Antonides was called. It is also a contradiction to say that he, viz. Freerman, is called by the church, and at the same

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time is appointed by the Governor, as minister; since that power rests either in the Governor or in the Consistory; and not in the Governor, and the people, in such wise as this order expresses it.

5th This order confounds the ecclesiastical with the secular; for the call affects the one, but the houses, lands, etc., the other. How then, because it is said that Freerman is appointed and called, a conclusion is drawn that therefore the church property must be handed over to him, is incomprehensible; for these goods have never been in the hands of the minister, but of Elders, Deacons, and Church-Masters.

6th Every one knows in what manner and with what difficulty any one is dispossessed of his goods; but it is unheard of that one be ordered, unless by force of arms, to deliver them himself, and especially such as are only held in trust.

In fine, what will be the consequences of this and such like orders, if obeyed, I will leave to your High wise judgment. I am your servant,

Abraham Gouverneur.*

ACTS OF THE CLASSIS OF AMSTERDAM.

Rev. D'ailly called to the Cape (of Good Hope.)

1707, Jan. 11th. Rev. Deputati ad Extra. reported that the call made on Rev. John Godefrid D'ailly, (Dellius?) to the Cape, was graciously approved by the Messrs. Directors (of the West India Company.) ix. 143.

Examination of Rev. D'ailly and David de Graaf.

1707, Jan. 11th. Were allowed to enter Rev. John Godefridus D'ailly, called as minister to the Cape, for final examination, and studiosus David de Graaff, for preparatory. The first preached on Rom. 8: 3, 4: and the second on Heb. 1: 3. Afterward, the examination was proceeded with. The Assembly was satisfied

He was son in law of Leisler, member of the Council, but a violent opponent of Cornbury and his party.

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