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1709.

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Offices as Mediator; as well in relation to the Expe"dients propofed for the Payment of the Debts due to his Royal Highness, as alfo to what relates to all other Differences and Matters, not yet adjufted, hoping, that the fame will be acceptable to your Imperial Majefty, Her Majefty being of Opinion, that nothing can be too much, to bind and engage his Royal Highness in the Intereft of your moft Auguft Houfe, and the Common Cause, as well for the prefent as future Time; which Two Articles and Concerns fhe is pleafed to command me to affure your Imperial Majefty, She will always have much at Heart. I have the Honour to fubfcribe my felf, with profund Respect,

Tour Imperial Majefty's moft Obedient,

and most humble Servant,

FRANCIS PALMES.

To thefe Memorials the Emperor caus'd the following Answer to be given.

The Empe- HLord, having confider d the Two Memorials of

IS Sacred Imperial Majefty, our most Gracious

Tor's Anfwer to Major General Palmes's Memorial.

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Major-Gen. Francis Palmes, the British Envoy-Extraordinary, wherein, in the Name of the most Serene Queen of Great Britain, and of the States-General of the Uni ted Provinces, he demands, That the Treaty concluded. with the faid Duke be fully executed, has graciously order'd, to be fignify'd to him, That as his Sacred Imperial Majefty did ever, on all other Occafions, juftly fet a high Value on the Friendly Offices of the most Serene Queen, and of the States-General, fo, in particular, on thofe which the faid Envoy-Extraordinary has now interpos'd: And that he never denied any juft Demands of his Royal Highness: Of which may be a most certain Proof, the ready Execution of the Treaty, in the most important Points, which done, none can or ought, with any Reafon, to doubt, but that he would perform, with the like Readinefs, the remaining Articles of leffer Moment, if it depended on him alone. Wherefore, as his Sacred Imperial Majefty owns himself bound, by virtue of the Treaty, to yield to his Royal Highnefs, either the Lordship of Vigevano, or an Equivalent for the fame; fo he has lately, as he does at prefent, exprefs his Inclination to furrender the faid Lordfhip to his Royal Highness, provi "ded the Meaning of the Agreement be firft difcufs'd and fettled, as it is explain'd, more at large, in the An 'fwer to Count de Tarini, the Envoy of Savey, hereunto

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'annex'd;

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A. C.

1709.

annex'd; On which his Sacred Imperial Majefty does ftill infift, fince it is inconfiftent with Equity, the Manner of Treating, and the very Tenor of the Trea ty, That his Royal Highnefs fhould enjoy all the Be'nefit of the Conceffions, either before the Time, or in an ampler Manner; when on the other hand, he 'would do nothing more for his Sacred Imperial Majefty, than either to raise prepofterous Difputes, or leave ' only the meer Liberty of Demanding This being the true Cafe, his Sacred Imperial Majefty entertains. a fure Hope, That both the moft Serene Queen, and 'the States-General, will, according to their wonted 'Moderation, now, at laft, acknowledge, That 'tis his Royal Highness's Fault, if he does not forthwith enjoy the Lordship of Vigevano; which he will do, as fon as the controverted Points fhall be explain'd by 'the Commillaries that fhall be fent back to Milan; and that, according to the Custom receiv'd among Princes, 'the matter fhall be fully examin'd, and fettled, and all 'Occasion of further Debates and Difputes taken away; which is the furest and most folid Method to confirm, for the future, a perpetual Friendship between his Sa'cred Imperial Majefty and his Royal Highness. As for the reft, it may appear what great Confidence his Sa'cred Imperial Majefty repofes not only in his Caufe, but alfo in the Equity of the High Allies, by his free accepting, in the Anfwer to the faid Envoy of Savay, as he does again now, the Mediation of the most most Serene Queen and the States General for the clearing of Accounts, and by his Readingfs to admit their good Offices, as to the Settling the Terms of Payment. And 'his Sacred Imperial Majefty repofing a fpecial Trust in the faid British Envoy, does not doubt, but that as foon as he arrives at Turin, he will reprefent thefe Things to his Royal Highnefs, in a gentle, but effectual manner, as the Importance of the Cafe requires; and will. move him confonant to his wonted Prudence, and Zeal for the Common Caufe, to wave his former Design, and not to introduce fuch a Way of Treating, as hi 'the to was never ufed even between Enemies, much lefs among Friends, fuch efpecially who are united by feveral Ties. As for the reft, his Sacred Imperial Ma jefty moft gracioufly confirms his Imperial Favour to the Envoy Extraordinary. Done at Vienna, and feal'də with the Signet of his faid moft Auguft Sacred Imperial Majefty, the 27th Day of May, 1799.

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A. C.

1709.

The Emperor's Answer to Count de Tarini's Memorial, was

The Empe- H'

ror's An

Swer to the
Duke of
Savoy's
Envoy's
Memorial.

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as follows.

IS moft Sacred Imperial Majefty, our most Gracious Lord, has been pleas'd to order this An'fwer to be return'd to the Memorial of Francis Victor, Count de Tarini, Envoy of Savoy, That both Parties having thought fit to fend, the laft Year, Commissioners to Milan, both to agree upon an Equivalent for the Province of Vigevano, and to difcufs the other Points which remain to be perform'd on both Sides, purfuant to the Treaty of Alliance, his Sacred Imperial Majefty cannot by any means approve his Royal Highness's recalling bis Plenipotentiaries from thence fo fuddenly and fo unfeafonably; nor his refufing to fend them thither again, before he should understand, That no Controverfy fhould be started about the Places fituate between the Po and the Tanaro, and those which he pretends to belong to the Lordship of Alexandria; and that no other Matter fhould be there debated, but the faid Equivalent: Since fuch a Method of Treating, wherein the Pretenfions of One Party only are granted, and the Other's rejected, is inconfiftent with Equity, and with the Nature of the mutual Obligations that refult from the Treaty of Alliance itself. His Sacred Imperial Majefty does not deny that Alexandria has 'been yielded to the moft Serene Duke of Savoy, with all the Lands thereunto belonging; and therefore he will not refume the Territories of Annona, Trelizzano, Rifrancore, Caffine, and Pafturano, if the fame be found to be fituate in the Province of Alexandria. He will "alfo furrender and yield to his Royal Highness the Four Places lying between the Po and the Tanaro, vix Baffignano, Preda, Pecetto, and Rivarrone, if they be found to be fo intermix'd with, and enclosed in the Provinces that are yielded up, as it is exprefly mention'd in the Treaty; for what is afferted in the Memorial about the Ceffion of any Territories fituate between the Po and the Tenaro, must be cleared by the Words and Sence of the Treaty, and Agreements. Nor will his Sacred Imperial Majefty refufe to give entire Satisfaction to his Royal Highnefs, about what has been agreed on in the Treaty, concerning Juftice and the Exercife of the fame, belonging to the State of Milan. But whereas, at the Time of the Conclufion of the Treaty, the Imperial Minifters acquainted thofe of Savoy, That they had not the neceffary Informations about the faid Ju

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ftice

ftice and Adminiftration thereof; and afterwards it was not only declar'd to his Excellency the Earl of Manchefter, Ambaffador Extraordinary of the Mot Serene Queen of Great Britain, that the Execution of that Article depended on a farther Examination; but it was alfo exprefly agreed with Monf. de Melarede, the Duke of Savoy's Couniellor, That the Inveftiture touching the. faid Juftice and Exercife thereof was not to be under'ftood or yielded, otherwife than as the fame fhould ap-. pear to Commiffaries to be deputed on both Sides, to fuit with the Conftitution of the Duchy of Milan: His. Sacred Imperial Majefty does not fee how his Royal. Highness can decline fuch a Difcuffion and Examination, efpecially, fince not only his Sacred Imperial, Majefty's Commiffioners at Milan do conftantly deny,. That any thing concerning this Matter was ever mention'd in their Conferences with thofe of Savoy, or that, they deliverd to them any Documents; but alfo confidering that fome Imperial Feudataries complain, That, fuch Rights are ufurp'd in Name of his Royal Highnefs, as the Dukes of Milan never claim'd.

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Wherefore, fince thefe and other Points are no lefs 'to be difcufs'd than that about Vigevano, or an Equivalent for the fame, his Imperial Majefty does, with Ju'ftice, adhere to his former Declarations, to wit, That the Conferences at Milan ought to be refumed; for which Purpofe he will put at the Head of his Commif"faries already there, Leopold Jofeph Schlick, Count de Paf Jon and Weiskirchen his Privy-Counfellor, CommiffaryGeneral of War, and General of Horfe, who will forthwith be fent thither and who, upon a full Examination of all things, will fhew, in Reality, That his Sacred Imperial Majefty has nothing more at Heart, than to give juft Satisfaction to the moft Serene Duke of Savey about Things of lefs Moment, with the fame Integrity with which he has perform'd the Treaty, as to 'the moft principal and important Points, even before the End of the prefent War, and has deliver'd up to him the Duchy of Montferrat, with the other five Provinces vielded out of the Duchy of Milan. As for the reft, his Sacred Imperial Majefty is affured, That his Royal 'Highness, according to his Equity and Moderation, will conform himself to this Refolution: The rather, be caufe his Sacred Imperial Majefty does now promife him, That if, after the clearing of these Doubts and 'Difficulties, the Equivalent does not appear to be adequate, he will yield and furrender to him, without any Delay, the Province of Vigevano it felf,

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1709.

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Pistoles

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As to what concerns the Money and Subfiftence, which his Royal Highness has furnished to the Imperial Troops, his Sacred Imperial Majefty thought, That his Royal Highness would put off the Demand of the Payment of the fame to another Time, in Con'fideration both of the heavy Burdens which the Hereditary Provinces have born fo long, and of the immenfe Expences his Sacred Imperial Majefty is now at to extend the Frontiers of the Duke of Savoy, when by Virtue of both Treaties, he might prefer the Conqueft of Sicily. However, if this fhould feem too hard to his Royal Highnefs, his Sacred Imperial Majefty confents, That the Account of that Debt be forthwith clear'd and ftated; and that the fame may be 'done with the greater Eafe and Difpatch, he will readily accept the Offices and Mediation of the Maritime 'Powers As for the reft, his Sacred Imperial Majefty moft graciously confirms his Imperial Favour to the 'faid Envoy. Done at Vienna, and feal'd with the Signet of his moft Auguft Sacred Imperial Majefty, the 23d Day of May 1709.

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The Emperor infifting on a Reference to Commiffaries, the Duke of Savoy perfifted in his Refolution, not to go into the Field; and left the Command of the Confederate Ariny in Piedmont to Velt Marefchal Thaun, who return'd to Milan to haften the March of the Imperialifts, and to borrow a confiderable Sum for their Subfiftence. General Palmes, who arriv'd at Turin the 12th of June N. S. gave the Duke of Savoy an Account of his Negotiation at Vienna; and endeavour'd to perfuade his Royal Highness to take upon him the Command, of his Army, but could not prevail: Nor had the Em-, peror's appointing the Bishop of Five-Churches his Plenipotentiary, to fettle the Duke of Savoy's Pretenfions, as thinking that Minifter much more acceptable to his. Royal Highness, than Count Schlick, any better Effect, for the prefent

This unlucky Difference between the Courts of enna and T rin did not a little retard the Preparations, which, in the beginning of the Spring, the Duke of Savoy Campaign feem'd to make for a vigorous Campaign: Infomuch, in Savoy that tho' Count Thaun return'd to Turin the 19th' of, and Dau- June, yet the whole Army was not affembled at Or, phine. ballan and Rivalia, till the the 4th or 5th of July; nor did that General fet out from Turin till the 7th, when he went to Suza and the fame Day, made the neceffary Difpofitions for marching over Mount. Cenis, towards

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