Journal of the House of Lords: Volume 13, 1675-1681. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Mercurii, 27 die Novembris.
Memorial of Monsr. D' Avaux to The States General.
"Although the Count De Avaux, Ambassador Extraordinary from the Most Christian King, and Plenipotentiary for the Treaty of Peace, hath already made Answer to the Instances which your Lordships made unto him, for the Inclusion of the Duke of Newburg, and since for the Inclusion of the Emperor and Princes of the Empire who have declared their Acceptance of the Conditions of Peace, among the Allies of the Lords The States Generall; yet he thinks it his Duty to acquaint your Lordships with the essential, and, if he may say, the indisputable Reasons, whereby he pretends to prove that your Lordships cannot, in Consequence of the Declarations those Princes have made, admit them into the Number of your Allies.
"The said Ambassador will not for this Matter enter upon the First Question; which was, to know Whether His Majesty be not disengaged from what He was pleased to grant to the Emperor and Empire, since the Conditions which He offered have not been accepted within the Six Weeks mentioned in the Writing from the Camp at Wetter: And he will not repeat unto your Lordships all the Reasons which he hath already alledged, to shew you that the 19th Article of the Treaty cannot in any Wise have extended this Delay.
"As for what concerns the Princes separated from the Emperor and the Empire, your Lordships know well, that the Emperor and the Empire were not separated in the Conditions His Majesty proposed; and the Illusion would be too visible, should a single Prince endeavour to put his Estates in Safety by a Peace, when the Emperor and Empire should continue the War against His Majesty, which was declared against Him by the Emperor and a Resolution of the Diet of Ratisbone. The Emperor and His Members alledged the same Reasons for delaying it. It is with them jointly that His Majesty is to treat; and He hath too good an Opinion of your Lordships Faith, to believe that you would endeavour to maintain so weak a Pretension. You ought to be sufficiently satisfied with what His Majesty hath done for advancing the general Peace, when He was pleased that that Time should run from the Ratification of The States Generall for the Emperor and His Allies together. This is what His Majesty hath caused to be declared, by His Ambassador, at Nimeghen; and what the said Count De Avaux hath had the Honour to say unto your Lordships in the Conference of the 16th Instant.
"But the said Ambassador hath been informed, since that Conference, that, even after this Declaration of His Majesty, the Emperor is not in such Terms that He can prevail with your Lordships to declare Him in the Number of your Allies. First, He is yet actually in War; and He does not offer to make or sign the Peace, as He might do in any One Day; He has not even so much as accepted the First Condition proposed by His Majesty, to wit, the full Satisfaction of Sweden, which depends wholly upon Him, as well as Chief, as also as being empowered by the Empire, in whose Name He hath always made War against France and Sweden. And since His Majesty, for the facilitating the Peace, hath been pleased to content Himself, that the Emperor and Empire should grant a free Passage to His Troops and Armies, to re-establish by His own Forces the Treaties of Westphalia, which are the most solid Foundation of the Peace of the Empire, His Imperial Majesty hath not yet consented unto it, neither for Himself nor the Empire; and therefore it cannot be said that the Emperor hath accepted the Conditions of Peace proposed the 9th of April, and consequently cannot be comprehended as your Lordships Ally.
Monsieur Van Beningen's and Count Egmont's Memorials to the King.
"The underwritten Ambassador Extraordinary of The States Generall of The United Provinces hath Orders to present to His Majesty, with the most humble Respect he ought, the Copies hereunto annexed, of the Memorial of the Count D' Avaux, Ambassador and Plenipotentiary of the M. X. King; and of the Answer returned thereunto by their Hi. and Mi.
"His Majesty will see, by the Contents of the said Memorial, the little Success which His good Offices, and all the Solicitations and Diligences of their Hi. and Mi. have hitherto had, for the obtaining the Inclusion of their Allies in the Treaty of Peace; and will understand, by the Answer of my Lords The States, how clear and evident the Justice is with which they demand it, and with how much Reason the said Lords our States have already, since the 15/25 of October last, declared to the Ambassadors and Plenipotentiaries of France at Nimegueen, that their Hi. and Mi. cannot look upon the Refusal of the said Inclusion otherwise than a Denial of the Execution of the said Treaty in a most essential Part of it.
"And although it is to be hoped that His M. X. Majesty will at last yield to Reason, in a Matter in which it is so indisputable; yet, considering the new Refusal in the said Memorial, and the Progress which the French Army make in the mean Time in the Neighbourhood of their State, and in the Countries of those Princes who ought already to enjoy a Repose by virtue of the 19th Article of the Treaty of Peace, gives a just Occasion of great Inquietude, in an Affair in which His Majesty hath so considerable Interests; and that as well because of those most dangerous and pernicious Revolutions which may be apprehended, as because of the Engagements in which His Majesty hath done the said Lords The States the Favour to enter with them, for the Guaranty of the said Treaty of Peace, and of all others in the late Defensive Alliance: His Majesty is most humbly prayed, on the Part of the said Lords The States, to take into His Royal Consideration this great and important Affair, and to do the said Lords The States the Favour to assist them with His wise Counsel, and to let them know His Reflections and good Sentiment thereupon.
"The Count of Egmont and the Marquis of Burgomayne think themselves obliged to represent unto Your Majesty, That, the Ratification of the King their Master for the Peace being not come, and the Most Christian King refusing to include the Emperor and other Allies in that signed by The States Generall, it is much doubted whether the Peace will take Effect, or whether it will be necessary to continue the War. And Your Majesty's Support being in either Case requisite for the Security and Quiet of Europe and the Defence of The Low Countryes (which being lost, open a Way to the Loss of Your Majesty's Kingdoms), they therefore beseech Your Majesty that You will keep up those Auxiliary Troops which Your Majesty hath at this Time in Flaunders (which are the chief Defence of those Countries) until the Peace be absolutely perfected; and that also Your Majesty would con sider and provide accordingly what shall appear to Your Majesty expedient, in case of the Continuation of the War; that so, the Dominions of the King their Master Northwards being defended by the puissant Arm of Your Majesty, those of Your Majesty may be secured. And when Your Majesty hath seen what the French Ambassador in Holland hath declared to The States Generall, and how he who resides in Your Majesty's Court notwithstanding protests to all that the Peace is made, Your Majesty may draw from the Obscurity of these opposite Discourses, sufficient Light to prevent the Inconveniences that may ensue to the Prejudice of all Christendom.
States General's Answer to the Memorial of the Count D'Avaux.
"The States Generall of The United Provinces of The Netherlands, having seen and examined the Memorial presented to their High and Mighty Lordships, the 21th of this Month, by the Sieur Comte D' Avaux, Ambassador Extraordinary from the Most Christian King, and His Plenipotentiary at the Treaty of Peace, concerning the Inclusion of His Imperiall Majesty, and other Princes of the Empire their Allies, in the Treaty of Peace made and concluded between His said Most Christian Majesty and this State the 10th of August last, cannot but represent to the said Ambassador Extraordinary, That their High and Mighty Lordships should have been very glad to have seen that the Disposition of all the Parties in this War had been such, that they might have concurred jointly to make a general and universal Peace, for which their High and Mighty Lordships have always laboured with great Application; and that, upon this Prospect, and with this Intention, His said Majesty did, in the Month of April last, propose Conditions of Peace, upon which His said Majesty would make a general Peace: That, the Allies of their High and Mighty Lordships not having been able to declare themselves upon the said Conditions within the Time which His said Ma jesty had stipulated for the accepting the said Conditions, their High and Mighty Lordships have notwithstanding declared, That they accepted them as far as concerned them, upon Condition that He would give them a competent Time to be able to dispose their High Allies to accept the said Conditions: That His said Majesty, by His Letter written from the Camp at Wetter, the First of June last, having agreed to the Term of Six Weeks for that Purpose, on Condition that their High and Mighty Lordships would promise not to assist their said Allies, against His said Majesty nor His Allies, during the Course of this present War, in case their High and Mighty Lordships could not dispose their Allies to accept the said Conditions of Peace; His said Majesty and their High and Mighty Lordships, in order to advance the Peace, have made Advances upon this Foot and those Foundations; and, having made a Treaty of Peace between them, and the King of Spaine having been disposed to accept the said Conditions of Peace, it has been agreed by the said Treaty, in express Terms, First, That their High and Mighty Lordships, during the Course of this present War, should not assist the Enemies of His said Majesty, nor of His Allies, di rectly nor indirectly: 2dly, That in the said Peace should be comprehended the King of Spaine, as likewise all their other Allies who within the Time of Six Weeks should accept the Peace; and that thus it is evident and incontestable, that, by the said Treaty of Peace, the Allies of this State have the Time of Six Weeks to accept the said Peace, which His Ma jesty had yielded to their High and Mighty Lordships, by His Letter of the First of June, in order to the disposing of the said Allies to accept the said Peace, and that this Stipulation ought in all Events to be of some Effect; and that their High and Mighty Lordships cannot comprehend of what Use the said Stipulation is, if their Allies, in accepting the said Peace, should be and remain deprived of the said Inclusion; that, besides, the Term of Six Weeks to accept the said Peace would be given to no Purpose, if it were in His Majesty's Power to change the said Conditions, when the said Allies should declare that they accept the Peace within the Time stipulated. It is true, that His said Majesty was not obliged to stand always to the Conditions offered by Him; and that He had Power to change them and regulate them, according to His Pleasure, after the Expiration of the Time: But it is evident also, that after that His Majesty has had the Goodness, at the Desire of their High and Mighty Lordships, and that they might the better justify themselves with their High Allies, to prolong the said Times, and consent that the Allies who should accept the said Peace within the said Space of Six Weeks should be comprehended therein, their High and Mighty Lordships cannot believe that His Majesty would permit that the Advantages He has had, or the Considerations of others of His Allies, should render the said Stipulation useless, which has been too generously promised to their High and Mighty Lordships by a solemn Treaty; and that they should do great Wrong to His Majesty's Honour and Glory, if they should have such Thoughts. Their High and Mighty Lordships willingly acknowledge, that they cannot comprehend that His Imperiall Majesty, and other Princes of the Empire, Allies of this State, having demanded to be comprehended in the said Treaty, should be frustrated thereof because all the Princes of the Empire do not unanimously accept of the said Peace; because it is evident that the said In clusion stipulated in the said Treaty by their High and Mighty Lordships was not agreed to for all the Allies jointly, but for all the Allies who should accept the said Peace; so that it has been in the Power of the Allies of this State respectively, to accept or not to accept the said Peace within the said Term of Six Weeks, in such Manner as that those who should accept the said Peace should be comprehended in the said Treaty of Peace. That the Sense of the said 19th Article confirms not only what is abovesaid, in saying only "All the other Allies of the States who should declare to accept the Peace;" but that it appears also of itself, seeing the said 19th Article comprehends in itself in significant Terms, His Catholic Majesty, who at that Time had not yet concluded a Treaty; but only declared, that He accepted the Conditions offered, and would conclude the Peace upon them. If, therefore, the Sense and Intention of the said Article had been, that no Ally of the State in particular, but all together, had been obliged to accept the said Condition of Peace, and that the Refusal of any of the said Allies had been sufficient to hinder that the others who would accept the Peace should not be comprehended therein; His Catholic Majesty could have no wise been comprehended therein, because that no other of their Allies did at that Time declare their Acceptance of the said Conditions of Peace. Their High and Mighty Lordships will not dispute what Authority His Imperiall Majesty has in the Empire, and over the Princes of the Empire, and with what Obligations they are mutually bound the one to the other: But it is so notorious that it is without all Dispute, that the Princes of the Empire have from Time to Time made, and do yet daily make, Alliances with other Princes and States, such as they think suitable to their Interest, of which no Person can better judge than His Most Christian Majesty Himself; and it appears clearly by the said Treaty, that the including of the said Princes is not tied to that of His Imperiall Majesty, as well in respect of those who have been Parties in this War, as those who have not formally declared themselves Parties in the same, because that His said Majesty has on His Part comprehended in the said Treaty (without the Participation of His Imperiall Majesty or the Empire) the Bishop of Strasburg and Prince William of Furstenburg, as well as the Elector of Bavaria and the Duke of Hanover; which could not have been done, if His Imperiall Majesty and all the other Princes of the Empire had not been considered but as One entire Body. Their High and Mighty Lordships will not likewise enter into Debate what Effect the Results of the Diet of the Empire at Ratisbone might have, and how far His Imperiall Majesty and the Princes of the Empire should be obliged by them the one to the other, as being a Matter which does not concern them; and that the Inclusion before alledged, of the Elector of Bavaria and the Duke of Hannover, as also of the said Bishop of Strasburg and Prince of Furstenburg, doth sufficiently shew that the said Results and Decrees do not hinder the Princes of Germany from ordering their Affairs in such Manner as they think necessary. But their High and Mighty Lordships will only say upon this Occasion, That they have covenanted for, and obtained from His said Majesty's Goodness, the said Inclusion for all such of their Allies who should accept the said Peace; and that their Alliances are not made with the Emperor and all other the Princes of the Empire jointly, but separately, and with the Emperor alone and in particular, and also with some Princes of the Empire alone and separately; that those Princes Allies of this State cannot be unknown to His Majesty, because their High and Mighty Lordships have expressly named them by their Names; from whence it necessarily follows, that those Allies of their High and Mighty Lordships who have been particular and separate Allies can also separately, and as to their Particular, accept the said Peace; seeing that this Liberty has been given to all such of the Allies who would accept the same. And suppose that His Imperiall Majesty and the Princes of the Empire had been joint Allies to this State, and not separate, and yet it could not be thence inferred that none of them could not separately have accepted the said Peace, because the said Article does not only not say that, and leaves each of the Allies at Liberty to accept the said Peace, and assures his Inclusion who shall accept the said Peace; but also that His Catholic Majesty hath enjoyed the Benefit of the said Inclusion, though His said Majesty and their High and Mighty Lordships were jointly obliged to His Imperiall Majesty and to other Princes of the Empire, and even to those who hitherto have not yet declared their Acceptance of the said Conditions of Peace, and therefore cannot claim the said Inclusion. Their High and Mighty Lordships cannot comprehend what Informations the said Ambassador and Plenipotentiary can have received, as to His Imperiall Majesty's being in a Condition wherein He cannot be considered as their Ally; seeing that it is certain that His Imperiall Majesty, being in an Alliance with their High and Mighty Lordships, hath declared within the said Term of Six Weeks his Acceptance of the said Conditions of Peace, which answers to Two Points expressed in the said 19th Article; to the First, as being allied by the said Alliance; to the Second, by the accepting the said Peace within the Term of Six Weeks, and by the declaring that He would conclude the said Peace. It is true, that His Imperiall Majesty is still in War with His Most Christian Majesty; and the said Inclusion would not be necessary, if the War between Their said Majesties were ended, and the Peace concluded. And it could not in Justice be demanded from His Imperiall Majesty, that He should lay down His Arms, whilst His Most Christian Majesty persists to employ His against His said Imperiall Majesty. And as to the Satisfaction which the King of Sweden pretends, it is notorious that that Satisfaction ought not to hinder the said Inclusion, as to those who have neither taken nor do possess any Thing which His Majesty of Sweden can pretend to; and therefore no Mention is made of the said Satisfaction in the 19th Article. But His Catholic Majesty was comprehended in the said Peace, who neither had nor possessed any Thing which His Majesty of Sweden could pretend to belong to Him. And therefore their High and Mighty Lordships do earnestly require, that His Imperiall Majesty, and their other Allies who have accepted the said Peace, may enjoy the Effect of the said Inclusion, in virtue of the 19th Article of the Treaty of Peace; and are firmly persuaded, that His said Most Christian Majesty will have the Goodness to let them enjoy the Fruits of His Promises, which He has been pleased to make to them so generously, not only before the Negociation, but also at the Conclusion of the Peace, because their High and Mighty Lordships confess that they cannot justify their proceeding before the World and to their High Allies, if they should be reduced to refuse them an Act of the said Inclusion, which they have Right to demand from them with so much Reason and Justice."
Raising the Militia, Bill.
For Conviction of Papists Bill.
Beacon to be attached.
The Lord Marquis of Winton reported, "That the Committee for Examinations sent for Mr. Beacon, Merchant, in Headon Court, in The Minories, to attend them the last Night; and he not coming then, was summoned again this Morning, at Nine of the Clock; but he doth not appear."
It is hereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, his Deputy or Deputies, do forthwith attach the Body of Mr. Beacon, a Merchant, in Headon Court, in The Minories, and bring him in safe Custody to the Bar of this House, to answer such Matters as shall be there objected against him; and this shall be a sufficient Warrant on that Behalf.
To Sir Geo. Charnock Knight, Serjeant at Arms attending this House, his Deputy and Deputies, and to all His Majesty's Ministers and Officers Civil and Military, to be aiding and assisting in this Service.
Whitebread to be visited.
ORDERED, That Dr. Lower and Dr. Warner be, and are hereby, appointed to visit Mr. White, alias Whitebread, being sick, near Wylde House; and give this House an Account To-morrow Morning in what Condition of Health they find him.
Hoare to be attached.
Upon the Information of William Sorocold, and Isaac Baxter Constable, "That a Warrant being issued by the Lord Marquis of Winchester, as a Justice of the Peace, to apprehend a suspicious Person, Mr. Hoare a Justice of the Peace came with many Men in his Company, and, being drunk, struck the Constable, and abused him in Words, in the Execution of his Office:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, his Deputy and Deputies, do forthwith attach the Body of Mr. James Hoare the Younger, and bring him to the Bar of this House in safe Custody, to answer such Matters as shall there be objected against him: And this shall be a sufficient Warrant in that Behalf.
E. Pembroke and E. Dorset Quarrel.
It is ORDERED, That the Gentleman Usher of the Black Rod do give Notice to the Earl of Pembrooke, that he attend this House presently; and that Mr. Lloyd and the Footman be summoned to appear presently, to give this House an Account hereof.
In the mean Time, the Earl of Dorset gave the House an Account, "That, on Wednesday last, late at Night, the Earl of Pembrooke sent one Mr. Lloyd, who told him, "That the Earl of Pembrooke desired him to speak with him, at Mr. Locket's House." The Earl of Dorset asked, "Whether the Earl of Pembrooke was sober?" and was answered, "Yes." And when his Lordship came, he found the Earl of Pembrooke in a low Room; who told him, "That he had done him an Injury; therefore he would fight him." The Earl of Dorset asked him, "Where, and when?" The Earl of Pembrooke told him, "Now, in this Room;" and then laid violent Hands upon him. And the Earl of Pembrook's Footman took away his Sword from his Side; but Mr. Lloyd closed in, and parted them: And so his Lordship got loose from him."
The Earl of Pembrooke said, "He remembered no such Thing; but confessed he desired to speak with the Earl of Dorset about Business, but had no Intent of Fighting; and that the Earl of Dorset had Two Men with him, and that his own Servant took his Sword away."
E. Pembroke and E. Dorset confined to their Houses.
"For the better Preservation of the Peace, and pre venting any Mischief which may happen between the Earl of Pembrooke and the Earl of Dorset: It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Earl of Pembrooke and the Earl of Dorset be, and are hereby, confined to their respective Houses or Lodgings, till further Order; and that they, or either of them, send not any Message, or write to the other, during their Confinement."
Capt. Lloyd & al. to attend about it.
"ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Lloyd an Officer in Sir Charles Wheeler's Regiment, and the Footman who waited on the Earl of Pembrooke, and the Two Footmen who waited on the Earl of Dorset to Lockett's Ordinary on Monday Night last, and Robin the Waiter at the said Ordinary, be, and are hereby, required to appear, at the Bar of this House, To-morrow, at Ten of the Clock in the Forenoon."
E. Pembroke and E. Dorset, Injunction.
Army in Flanders.
Message from H. C. for a Conference on the Bill to disable Papists.
Report of the Conference.
Message to H. C. that the Lords agree to it; and have passed the Militia Bill.
Message to the King, that these Bills are ready for the Royal Assent.
ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves do attend His Majesty, humbly to acquaint Him, from this House, "That the Bill, intituled, An Act for the more effectual preserving the King's Person and Government, by disabling Papists from sitting in either House of Parliament;" and the Bill, intituled, "An Act for the preserving the Peace of the Kingdom, by raising the Militia, and continuing them in Duty for Two and Forty Days," are ready for His Majesty's Royal Assent; and are Bills which require Expedition."