House of Commons Journal Volume 9: 2 May 1678

Journal of the House of Commons: Volume 9, 1667-1687. Originally published by His Majesty's Stationery Office, London, 1802.

This free content was digitised by double rekeying. Public Domain.

Citation:

'House of Commons Journal Volume 9: 2 May 1678', Journal of the House of Commons: Volume 9, 1667-1687, (London, 1802), pp. 472-474. British History Online https://www.british-history.ac.uk/commons-jrnl/vol9/pp472-474 [accessed 15 June 2024].

. "House of Commons Journal Volume 9: 2 May 1678", in Journal of the House of Commons: Volume 9, 1667-1687, (London, 1802) 472-474. British History Online, accessed June 15, 2024, https://www.british-history.ac.uk/commons-jrnl/vol9/pp472-474.

. "House of Commons Journal Volume 9: 2 May 1678", Journal of the House of Commons: Volume 9, 1667-1687, (London, 1802). 472-474. British History Online. Web. 15 June 2024, https://www.british-history.ac.uk/commons-jrnl/vol9/pp472-474.

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In this section

Jovis, 2 die Maii, 1678.

T. Williams Jointure.

AN ingrossed Bill to enable Trevor Williams Esquire to make a Jointure to a Second Wife, was read the Third time.

Resolved, &c. That the Bill do pass: And that the Title be, An Act to supply an Omission in the Settlement of the Estate of Sir Trevor Williams Baronet, made upon the Marriage of his eldest Son; and to enable his eldest Son to make a Jointure to a Second Wife.

Privilege.

A Complaint being made of a Breach of Privilege committed against Mr. Mainard, a Member of this House, by one John Wilkinson, servant to the Duke of Buckingham, and a servant wearing the Livery of the Earl of Mulgrave; in assaulting and beating him and his Servant;

Ordered, That it be referred to the Committee of Privileges and Elections, to examine the Matter of the said Complaint; and report the same, with their Opinions therein, to the House.

Shallcross Estate.

An ingrossed Bill, sent from the Lords, intituled, An Act for settling divers Manors, Farms, and Lands in the County of Hertford, now in the Possession of Francis Shallcross Esquire; and for making Provision for younger Children and Payment of Debts; was read the Third time.

Resolved, &c. That the Bill do pass: And that the Title be agreed.

Privilege of a Solicitor.

The House being informed, That Mr. John Gardner, Solicitor in the Cause concerning Lyndsey Level, was this Day arrested, as he was coming to attend on the House;

Ordered, That the Privilege of this House be allowed to the said Mr. John Gardner: And that he be discharged from his Arrest.

Abstract of Leagues, &c.

Mr. Powle reports from the Committee appointed to prepare and present to the House, an Abstract out of the Leagues and other Writings delivered in by Mr. Secretary Williamson, That the Committee had received a Translation of them; and had compared the same; and had made an Abstract thereout; which he was ordered by the Committee to report to the House: And that the Committee had likewise received an Answer from his Majesty by Mr. Secretary Williamson, touching the Proposals and Instructions sent by the Earl of Feversham: And as to the Proposals for ascertaining the Proportions of Ships and Men to be provided by England and the States General: Which Answer was by Word of Mouth: But the Committee had put the same down in Writing; and ordered him to report it to the House: Which Abstracts and Answer of the King he read in his Place; and afterwards, delivered the same in at the Clerk's Table: Where the same were read; and are as followeth:

Article I. The League Offensive and Defensive contains, That the King of England, and the States of the United Provinces, shall use their utmost Force and Power to bring the Two neighbouring Crowns to make Peace upon these Terms; viz.

That Charleroy, Aeth, Oudenard, Courtray, Tournay, Conde, Valenciennes, and St. Gillian, and all other Towns taken after St. Gillian, be restored to the King of Spain; as also whatever the French possess in Sicily.

That the French Comté remain to France.

As to France and Holland, That all in Europe be restored on each Side.

As to the Emperor, and the Empire, That all stand and remain upon the present Foot.

As to the Duke of Lorraine, the Dukedom of Lorraine be restored.

As to Sweden, That a Truce be in all those Parts, till the particular Conditions of a Peace can be agreed on.

II. That the King of England should use his utmost Offices and Endeavour, to procure the King of France to oblige himself by Treaty to the King of England, to accept the said Peace, if Spain can be brought to consent to it.

III. That he shall likewise endeavour to procure the King of France to consent to a Cessation of Arms for Three Months.

IV. That the King of England shall engage himself actually to oblige the King of Spain to accept the said Peace.

V. That if the King of England shall not prevail with the King of Spain to accept of the said Peace within the said Three Months Cessation, he shall undertake to oblige the King of Spain, by more effectual Means, to accept the said Peace; so as the King of France shall make no farther Progress in the Netherlands; nor receive any Town, though it would willingly surrender.

VI. That the States General shall be bound to stand to such Treaties as the King of England shall make with the King of France for this Purpose.

VII. That the King of England and the States General shall use their utmost Instances and Endeavours to the King of Spain, to bring him to consent to the said Peace.

VIII. In case the King of France shall finally refuse to agree to the said Peace, the King of England and the States shall immediately unite their utmost Force and Strength to oblige him to accept it; according to such Counsels and Means as shall be mutually agreed on.

IX. In case the King of Spain shall not agree to the said Peace, that the King of England and the States shall immediately unite their utmost Force and Strength to oblige him to accept it; according to such Counsels and Means as shall be mutually agreed on.

X. The Peace being made, That the King of England and the States shall be Guarantees for preserving it; as also all other Princes, who shall be willing to come in.

XI. In case this friendly Overture be taken in ill Part, and any War be made, upon that Account, upon the King of England, or the States, they shall mutually assist each other.

XII. These Articles to be ratified by each Side, within a Month after their signing.

Dated at the Hague 16 / 26; January, 167 7 / 8;: Ratified by the States the 2d of March, 1678, Stilo novo.

I. Separate Article.

That the Bailiwicks, Chaselries, Territories, Governments and Prevosts, together with their Appurtenancies, Dependencies, and Annexations, shall follow the Towns that are to be restored to the King of Spain; as also, That the Duchy of Limbourgh, and Town of Binche; with their Annexations and Dependencies, are intended to be restored to the said King.

Abstract of Leagues.

II. That the Duchy of Loraine shall be restored to the Duke, in the same Condition as it now is, as to the Fortifications, or at least in the same Condition as it was at the time of the Seizure: And as to Sweden, That the Towns which the King of France possesses in Sicily, or any Thing else, that can reasonably be proposed out of the Spanish Netherlands, remain in His Hands, by way of Caution and Appignoration, until the Conditions of Peace for Sweden can be agreed on and adjusted.

III. That all such Towns and Places, as belong to the Emperor, the Empire, and the Princes of the Empire; which have been taken by the King of France, during this War, shall be restored.

IV. That Fribourg, and those Places, which since the Taking thereof have been possessed in Brisgow by the King of France, shall be restored to the Emperor.

These four separate Articles were signed at the Hague the 16 / 26; January, and ratified by the States the Second of March, 1678, Stilo novo.

There are likewise the Powers granted by the States to their Commissioners, to conclude a League with the King of England, for bringing the Two Crowns to a Peace upon reasonable Terms, dated the Twenty-sixth of January, 1678, Stilo novo.

There are likewise the Powers granted by the States to Van Benningham, their Ambassador here, to conclude a League of Defence with the King of England, dated First March, 1678, Stilo novo.

The League of Perpetual Defence contains:

Article I. That there shall be a firm and perpetual Friendship and good Correspondency between the King of England and the States of the United Provinces, as well by Sea as Land, in all Places, as well out of, as in Europe.

II. That there shall be a strict Alliance and faithful Confederation between the said King and States, for the mutual Preservation and Maintenance of each other in Tranquillity, Peace, Friendship and Neutrality, by Sea and Land, in the Possession of all their Rights, Franchises, and Liberties, within the Extent of Europe only.

III. That they shall guarant to each other all the Treaties already made, by either of them, with other Princes and States: Which Treaties shall be mutually exhibited before the Exchange of the Ratifications; as also such as shall be made hereafter by common Consent; and defend each other in the Possession of all such Places in Europe as shall belong to them by virtue of the said Treaties against all Parties whatsoever.

IV. The said reciprocal Obligation of assisting and defending each other, to be understood, of their preserving each other Countries and Subjects in all their Rights, Possessions, Immunities, and Liberties, as well relating to Navigation and Commerce, as others whatsoever, as well by Sea as by Land, which they now enjoy, or shall hereafter require, against all Princes and States . . . shall attack or molest them.

V. In case such Attack shall be followed by open Rupture upon one of the Allies, the other shall, within Two Months after Demand, enter into the War; and in the mean time, shall endeavour a reasonable Accommodation between the Parties so engaged; and shall also give his Ally such powerful Succours as shall be agreed on by separate Articles; yet to be in the Choice of the Ally so attacked, at the end of the said Two Months, either to have the said Succours continued, or to have the other enter into the War.

VI. In case the States be so attacked, the King of England shall be obliged to break with the Aggressor in the said Manner; and to employ all his Power and Forces, by Sea and Land, to join with those of the States, when it shall be found convenient to reduce the common Enemy to a reasonable Accommodation.

VII. In that case the Forces of the King of England and the States shall act jointly and separately; and either by way of Diversion or otherwise, according as shall be then particularly concerted between them.

VIII. The States to do the like to what is contained in the Two preceding Articles to the King of England, in case he be attacked.

IX. In case of open War, neither of the Two Allies to agree to any Suspension of Arms, but by common Consent.

X. No Treaty of Peace of Truce to be begun by one of the Allies, without the Participation of the other; and procuring Security for sending his Ministers to the Place of Treaty; nor no Peace or Treaty to be concluded, without comprehending his Ally, and causing him to be restored to what he held before the War; and also making as good Conditions for his Ally as for himself, unless it be otherwise agreed between the Allies themselves.

XI. The Ally attacked to have Liberty to raise Land Soldiers in the Estates of the other Ally, according to such Capitulations as shall be agreed on.

XII. The Ratifications of this Treaty to be made, and mutually exchanged, within a Month after the Signing.

Dated, at Westminster, Third March, 1677/8; and ratified by the States the Seventh of April, 1678, Stilo novo.

The separate Articles.

I. Article. The mutual Succours mentioned in the Fifth Article to be in this Manner; videlicet, The King of England to assist the States with Ten thousand Foot; and the States to assist the King with Six thousand Foot; and also with Twenty Men of War, at the Expence of the Party that shall send the Succours.

II. When Necessity shall require, the Succours to be augmented, accordingly as the said Parties shall agree.

III. These Succours to be intirely subject to the Orders and Commands of the Party to whom they are sent, to be made use of as he shall think fit.

Dated, at Westminster, Third March, 1677/8 and ratified the Seventh of April, 1678, Stilo novo.

There are likewise the Powers granted by the States to their Commissioners, to conclude a League with the King of England, for bringing the Two Crowns to a Peace, upon reasonable Terms; dated the Twenty-sixth of January, 1678, Stilo novo.

There are likewise the Powers granted by the States to Van Benningham, their Ambassador here, to conclude a League of Defence with the King of England; dated First March, 1678, Stilo novo.

His Majesty's Answer.

As for the Treaty of Proposals for ascertaining or concerting the Proportions of the Ships and Men, to be provided by England and the States General of the United Provinces, with the Answers thereunto, His Majesty doth not think fit, that Papers of that Sort should be produced in Publick; and that the House has already before them all that can possibly serve to give them Light in the Matters before them.

As to the Instructions, or Dispatch, in Writing sent into France by the Earl of Feversham, and the French King's Answer thereunto; His Majesty hath already, by the Secretary, acquainted the House, That the Proposals sent by the Earl of Feversham, were the same with those in the offensive Treaty.

That his Instructions are, singly, to make Offer of the said Conditions to the French King; and to return his Answer, Yea or No: That the Answer was, That he could not accept of them, as was reported by the Secretary to the House.

And then the House adjourned till To-morrow Morning, Eight of the Clock.