The Life and Adventures of Baron Trenck-1 [57]
justice: but this I cannot hope, as princes are much more disposed to bestow unmerited favours than to make retribution to those whom they have unjustly punished.
Francis Baron Trenck died in the Spielberg, October 4th, 1749. It has been erroneously believed in Vienna that his estates were confiscated by the sentence which condemned him to the Spielberg. He had committed no offence against the state, was accused of none, much less convicted. The court sentence was that the administration of his estate should be committed to Counsellor Kempf and Baron Peyaczewitz, who were selected by himself, and the accounts of his stewards and farmers were to be sent him yearly. He continued, till his death, to have the free and entire disposal of his property.
Although, before his death, he sent for his advocate, Doctor Berger, and by him petitioned the Empress she would issue the necessary orders to the Governor of the Spielberg, to permit the entrance of witnesses, and all things necessary to make a legal will, it by no means follows that he petitioned her for permission to make this will. The case is too clear to admit of doubt. The royal commands were given, that he should enjoy all freedom of making his will. Permission was also given that, during his sickness, he might be removed to the capuchin convent, which was equal to liberty, but this he refused to accept.
Neither was his ability to make a will questioned. The advocate was only to request the Queen's permission to supply some formalities, which had been neglected, when he purchased the lordships of Velika and Nustar, which petition was likewise granted. The royal mandate still exists, which commissioned the persons therein named as trustees to the estate and effects of Trenck, and this mandate runs thus: "Let the last will of Trenck be duly executed: let dispatch be used, and the heir protected in all his rights." Confiscation, therefore, had never been thought of, nor his power to make a will questioned.
I will now show how I have been deprived of this valuable inheritance, while I have been obliged to pay above sixty thousand florins, to defray legacies he had left; and when this narrative is read, it will no longer be affirmed at Vienna, that by the favours of the court I inherited seventy-six thousand florins, or the lordship of Zwerbach from Trenck, I shall proceed to my proofs.
The father of Baron Trenck, who died in the year 1743, governor of Leitschau, in Hungary, named me in his will the successor of his son, should he die without heirs male.
This will was sent to be proved, according to form, at Vienna, after having been authenticated in the most legal manner in Hungary. The court called Hofkriegsrath, at Vienna, neglected to provide a curator for the security of the next heir; yet this could not annul my right of succession. When Trenck succeeded his father, he entered no protest to this, his father's will; therefore, dying without children, in the year 1749, my claim was indisputable. I was heir had he made no will: and even in case of confiscation, my title to his father's estates still remained valid.
Trenck knew this but too well: he, as I have before related, was my worst enemy, and even attempted my life. I will therefore proceed to show the real intent of this his crafty testament.
Determined no longer to live in confinement, or to ask forgiveness, by which, it is well known, he might have obtained his freedom, having lost all hopes of reimbursing his losses, his avarice was reduced to despair. His desire of fame was unbounded, and this could no way be gratified but by having himself canonized for a saint, after spending his life in committing all the ravages of a pandour. Hence originated the following facts:-
He knew I was the legal claimant to his father's estates. His father had bought with the family money, remitted from Prussia, the lordships of Prestowacz and Pleternitz, in Sclavonia, and he himself, during his father's life, and with his father's money, had purchased the lordship of Pakratz, for forty
Francis Baron Trenck died in the Spielberg, October 4th, 1749. It has been erroneously believed in Vienna that his estates were confiscated by the sentence which condemned him to the Spielberg. He had committed no offence against the state, was accused of none, much less convicted. The court sentence was that the administration of his estate should be committed to Counsellor Kempf and Baron Peyaczewitz, who were selected by himself, and the accounts of his stewards and farmers were to be sent him yearly. He continued, till his death, to have the free and entire disposal of his property.
Although, before his death, he sent for his advocate, Doctor Berger, and by him petitioned the Empress she would issue the necessary orders to the Governor of the Spielberg, to permit the entrance of witnesses, and all things necessary to make a legal will, it by no means follows that he petitioned her for permission to make this will. The case is too clear to admit of doubt. The royal commands were given, that he should enjoy all freedom of making his will. Permission was also given that, during his sickness, he might be removed to the capuchin convent, which was equal to liberty, but this he refused to accept.
Neither was his ability to make a will questioned. The advocate was only to request the Queen's permission to supply some formalities, which had been neglected, when he purchased the lordships of Velika and Nustar, which petition was likewise granted. The royal mandate still exists, which commissioned the persons therein named as trustees to the estate and effects of Trenck, and this mandate runs thus: "Let the last will of Trenck be duly executed: let dispatch be used, and the heir protected in all his rights." Confiscation, therefore, had never been thought of, nor his power to make a will questioned.
I will now show how I have been deprived of this valuable inheritance, while I have been obliged to pay above sixty thousand florins, to defray legacies he had left; and when this narrative is read, it will no longer be affirmed at Vienna, that by the favours of the court I inherited seventy-six thousand florins, or the lordship of Zwerbach from Trenck, I shall proceed to my proofs.
The father of Baron Trenck, who died in the year 1743, governor of Leitschau, in Hungary, named me in his will the successor of his son, should he die without heirs male.
This will was sent to be proved, according to form, at Vienna, after having been authenticated in the most legal manner in Hungary. The court called Hofkriegsrath, at Vienna, neglected to provide a curator for the security of the next heir; yet this could not annul my right of succession. When Trenck succeeded his father, he entered no protest to this, his father's will; therefore, dying without children, in the year 1749, my claim was indisputable. I was heir had he made no will: and even in case of confiscation, my title to his father's estates still remained valid.
Trenck knew this but too well: he, as I have before related, was my worst enemy, and even attempted my life. I will therefore proceed to show the real intent of this his crafty testament.
Determined no longer to live in confinement, or to ask forgiveness, by which, it is well known, he might have obtained his freedom, having lost all hopes of reimbursing his losses, his avarice was reduced to despair. His desire of fame was unbounded, and this could no way be gratified but by having himself canonized for a saint, after spending his life in committing all the ravages of a pandour. Hence originated the following facts:-
He knew I was the legal claimant to his father's estates. His father had bought with the family money, remitted from Prussia, the lordships of Prestowacz and Pleternitz, in Sclavonia, and he himself, during his father's life, and with his father's money, had purchased the lordship of Pakratz, for forty