Since accounts so various, contradictory, and dishonourable to the name of Trenck, have been circulated in Vienna, concerning facts which happened thirty-seven years ago, I will here give a short abstract of them, and such as may he verified by the records of the court. I pledge my honour to the truth of the statement, and were Iso allowed, would prove it, to the conviction of any unprejudiced court of 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. Iwas 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 thousand florins: this must therefore descend also to me, he having no more power to will this from me, than he had the remainder of his paternal inheritance.
The property he himself had gained was consigned to administrators, but a hundred thousand florins had been expended in lawsuits, and sixty-three suits continued actually pending against him in court;the legacies he bequeathed amounted to eighty thousand florins.
These, he saw, could not be paid, should I claim nothing more than the paternal inheritance; he, therefore, to render me unfortunate after his death, craftily named me his universal heir, without mentioning his father's will, but endeavoured, by his mysterious death, and the following conditions, to enforce the execution of his own will.
First,--I was to become a Catholic.
Secondly,--I was to serve only the house of Austria; and, Lastly,--He made his whole estate, without excepting the paternal inheritance, a Fidei commissum.
Hence arose all my misfortunes, as indeed was his intention; for, but a short time before his death, he said to the Governor, Baron Kottulinsky, "I shall now die contented, since I have been able to trick my cousin, and render him wretched."His death, believed in Vienna to be miraculous, happened after the following manner; and by this he had induced many weak people, who really believed him a saint, to further his views.
Three days before his death, while in perfect health, he desired the governor of the Spielberg would send for his confessor, for that St.
