As to the Fifth Article, the fame Writer ask'd, to what End the Emperor had, in his Edict touching the Peace which was to be made by the Mediation of England and Holland, jumbled the Confederated Hungarians and Tranfylvanians together, if he would not have them join'd in the Negotiation? That they believe the Court did it only to gain Time, in order to go from what they had publifh'd to induce them to conclude the Truce, and enter into a Treaty; That moreover, the Court being fenfible they could not answer the most evident Proofs of the Juftice of Tranfylvania's Caufe, had recourfe, by the Invectives in their Answer, to their fic volo, fie jubeo; making it appear, that their Will and particular Advantage were fufficient Grounds for annulling and trampling under foot the Rights of Free Principalities.

The Court of Vienna did not, that I know of, make any other Objection against the Reftitution of Transylvania, than thofe which we have anfwered above.

The Confent of the Lords of Transylvania to Count Caroli's Accommodation, cannot be alledged in prejudice of the Rights of Prince Ragorski, feeing they had no Power to act in the Name of the States; being out of the Principality, and not affembled as a Dyet; fo that they acted only as private Perfons, while the Knife was held to their Throats; and they met, in hopes their Prince would have come amongst them, though they were forced afterwards, or rather betray'd and deliver'd up by Caroli, to the Emperor's Army, which was but Two Leagues off.

The Objection, That thefe fame States, after Caroli's Accommodation, can annul the Election made in favour of Prince Ragotski, will not ftand good, if it be confider'd, That by the very Nature of Free States, and by the Fundamental Laws of that Principality, the Conditions of the Capitulation between the Eftates and the Prince do lay a mutual Obligation; by vertue whereof, on the one hand, the Prince lawfully elected and inaugurated, can never abdicate the Throne, without the Confent of the States who elected him; nor, on the other hand, can the faid States fall from their Allegiance, without making it

appear

appear to him, that he has broke the Articles of the Capitulation; or without their mutual Confent. Neither are the Proceedings herein of any Force, unJefs carried on in a Free Dyet, which cannot be held, or affemble, fo long as an Ufurping Power has any Troops in the Country, and denies the States the Liberty of a free Choice. Then the Dyet muft moreover fhew to Prince Ragotski, wherein he has broke the Capitulation, and proceed agreeably to the Laws made and provided in that refpect. Finally, no Potentate can, without endangering his own Rights, pretend, that Force of Arms can invalidate any Prince's juft Title to his Dominions.

In the Dyet of Marot Vafarhely, in which Prince Ragotski was inaugurated, the States open'd their Seffion by condemning young Abaff, becaufe having renounced his Principality in favour of the Houfe of Auftria, he thereby broke the Capitulation which he promis'd to fwear to, as foon as he should come to Age. Befides, they had never done Homage to him, which gives a defperate Blow to his pretended Ceffron of his Right to the Houfe of Auftria, fince they had never recognized him by any authentick A&t.

From all that has been faid, we may reasonably conclude, That the Houfe of Auftria ought to be look'd upon as meer Ufurpers of that Principality. And it is therefore expected from the Equity and Juftice of those who fhall read this Paper, That they will be convinced of the undoubted Right which the the States of Tranfylvania had to elect Prince Francis Ragotski for their Sovereign; and, That that Prince has Ground to infift upon the Poffeffion of that Principality, and to hope for the Reftitution of the farae, from the Equity of the Powers of Europe who are in a Capacity to have it reftored to him.

Let us now confider the Motives which might prevail with them fo to do.

It is the Intereft of all the Princes of Europe, to procure the Reftitution of that Principality to Prince Ragotski, who was freely elected and proclaim'd by the States of Transylvania.

I fay, it is their Intereft to do it; that they may not authorize and make way for dangerous Confequences to themfelves, from the Ufurpations which a Superior Power may make upon an Inferior, upon the bare Pretext of Convenience.

The Laws of Nations do plainly intimate, That in extreme Cafes of a People's Oppreffion,they ought to be reliev'd: Much more just therefore, is it, and agreeable to the Duties of Christianity, and even of Humanity, to reftore Principalities that are opprefs'd under the Faith of an Alliance.

I fhould detain you too long, fhould I produce Inftances out of Ancient Hiftory, to prove, That the Powers of thofe Times did conftantly take the Part of opprefs'd Princes or States. Neither do we want Modern Examples, fince for little more than an Age laft paft, we have feen Principalities reftor'd to their former Sovereignty, (in the Empire, Italy, Lorrain Holfteyn, the Palatinate, Pomerania, and Swifferland, notwithstanding the various Pretenfions of other Princes pleading Right upon different Titles, and fome upon the bare one of Conqueft. Transylvania is almoft in the fame Condition, and has the fame Rights; and why therefore fhould not that Juftice be done to her, which has been done to other Countries for fo many Ages past?

The Emperor Ferdinand II. having offer'd to Prince Bethlehem of Transylvania, and to the Confederated Hungarians, the Pope, and the Kings of France and Spain, as Guarantees for the Performance of what was promis'd them; and the Prince of Transylvania, George Ragotski having been included in the Treaty of Westphalia, as an Ally of the Queen of Sweden; and even the Emperor Leopold himself having named the Prince of Transylvania to be included in the Peace of Nimeguen; the Prince and States of that Principality have Reafon to be perfuaded, That the Guarantees of the above-mention'd Treaties will agree, That the Principality of Transylvania could not be deprived of her Liberties, nor confequently of her Right of Election, contrary to the Tenor of the faid Treaties of Peace. And inafmuch as all the Powers of Europe defign to maintain thofe Treaties, which ferve

as

as a Bafis for the Tranquillity of Europe, they will eafily find Motives and Means alfo, to re-establish Prince Ragetski in Transylvania, and to comprehend him in this new Treaty.

It is fuppofed. That the Powers which are at War, defire Nothing fo ardently, as the Tranquillity of their Subjects after fuch a bloody War; and, That having Futurity alfo in View, they defign to make a folid, lafting, and durable Peace, which their Pofterity may even enjoy.

But affuredly it will never be firm, without the Reftitution of Transylvania, upon which the Security of the Spiritual, as well as Temporal Liberties of the Kingdom of Hungary does without queftion depend, as Experience teaches. For fo long as Tranfyl. vania was free, the Secular Liberties and the Proteftant Religion flourish'd in Hungary; whereas, after fhe was enflaved, all the Liberties built upon the Capitulation of the Kings of Hungary were trampled under foot.

I fay, this General Peace will never be lafting, unlefs Prince Ragotski's juft Pretenfions to Tranfylvania be adjufted therein, and the Court of Vienna redrefs the juft Grievances of the Confederacy, of which he is Duke; and unless the Powers of Europe do, by the Reftitution of Transylvania, prevent the Neceflity that Prince, as well as the opprefs'd Hungarians and Tranfylvanians, will always lie under, to take all Opportunities of afferting their Lawful Rights by Force of Arms, and to have recourfe even to the Turks, after the Expiration of the Truce of Carlo

wits.

In fuch a Cafe, all the Force of his Imperial Majefty must be employ'd in Hungary and Tranfylvania; and fome Potentate might be found out, who would endeavour to make his Advantage of fo powerful a Diverfion; This would oblige the other Powers to arm, and fo open a new Scene of War, which might be eafily prevented, by caufing Juftice to be done to the Prince of Transylvania.

There is no Fear, That by reftoring that Principality, the House of Auftria would be weaken'd to fuch a degree, as not to be able to maintain the Ba

lance

lance of Europe. So far from it, that Hungary being thus fecured of the Obfervance of her Liberties, Spiritual and Temporal, and being govern'd according to Law, would contribute infinitely more, and make ufe of all her Riches, to fupply the Occafions of the Emperor; whereas now the Treasure of Hungary ferves only to glut the Avarice of a few rapacious Courtiers.

As for Transylvania, Means may be found to ally' it ftrictly with his Imperial Majefty; and it will be feen, that the faid Prince may at all Times fuccour her more powerfully, than Transylvania fubdu'd can do, after the Example of the States-General of Hol land, who could never have fo effectually ferv'd the Common Caufe, if they had been reduced under the Auftrian Dominion, as they have done fince they be came: fo potent a Republick.

But whereas it may be objected that this Argu ment is not fufficiently convincing; and that the Emperor, after this Peace, may employ all his Force to reduce and fubdue, without Reffource, Hungary and Transylvania. I will not spend Time in fhewing, the Difficulties, and the Inconveniences of that Scheme, and the Extremity, to which it might difpofe thofe People to throw themfelves defperately under the Dominions of the Turks. I neither will alledge the Motives of Juftice and Glory, which ought to difpofe the Princes of Europe to procure the Reftitution of Transylvania to its own Prince: Nor will E fubjoin what Equity dictates to me, that the Affurances given by the Potentates, to Prince Ragotski, and to the confederated Hungarians, that they fhould be compris'd in the General Peace, prevented their taking Advantage of the Affiftance of the Turks, which had been fo frequently offer'd them. I fay, That the faid Powers ingag'd to procure for them, what they themselves own'd to be juft; and I will not take Notice of the Motives, which ought to induce the Proteftant Potentates to efpoufe the Intereft of thofe of their own Religion, who are under Oppref fion in that Country. All thofe Articles have been amply and evidently demonftrated on divers OccafiCus. I'll only fay, That though all the Arguments alledg'd