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Earl of Clare,
Lord Bishop of Sarum, |
Excused. |
The House to attend the K.
The Lord Chamberlain signified to their Lordships,
That His Majesty is pleased that this House attend Him
at Two this Afternoon at Whitehall.
Tenants of Bromfield and Yale.
Hodie Billa, An Act for the establishing of the Estates
of the Tenants of Bromfeild and Yale, in the County of
Denbigh, and of the Tenures, Rents, and Services,
thereupon reserved, was sent down to the Commons, by
Mr. Baron Bromley and
Sir Peter Mutton.
D. of Buck. retires out of the House.
The Earl of Bristoll being called for, to be brought
to the Bar, the Duke of Buckingham moved the House,
That he might have Leave to retire, left his Presence
should give some Distaste to the said Earl; and so the
Duke did withdraw himself.
E. of Bristol at the Bar.
The said Earl being brought to the Bar; the Lord
Keeper told him, That the Lords do expect his Answer
unto Mr. Attorney's Charge.
Unto which he answered, That he had brought it;
but desired to be excused for the Length thereof, and
as touching the Charge, he said, that he finds no direct
Treason therein laid unto his Charge; only Two Points
come near it by Circumstances; videlicet, That he is illaffected to this Religion, and that he is well-affected unto Spaine; for clearing whereof, he made a large Remonstrance of his Zeal unto the true Religion here established, even from his Youth to this Day, and of his
constant and faithful Services unto the King's Majesty,
and His Father, of Blessed Memory, and to the State.
Then he delivered his Answer, written in Paper; but
desired that it might be ingrossed in Parchment, which
he said had been done but that he had not Time; and
he desired also that no Advantage might be taken to any
illegal Form thereof.
His Counsel to read his Answer.
The House was pleased (at the Earl's Motion), that
his own Counsel might read his Answer; which he did,
the Earl sitting by on a Stool allowed him, and explaining and enforcing (as Occasion was) any Part thereof.
This ended; the Lord Keeper demanded of him whether he had any more to say.
Petitions for an Equality between him and the D. of Buckingham.
Whereupon the Earl, complaining of the Inequality
between himself and the Duke of Buckingham, and that,
by reason of his Restraint, he was disabled to follow
any Thing against the Duke of Buckingham, and his
Counsel were disheartened to give him their free Advice; he earnestly urged their Lordships Promise of an
Equality between them; and said, "That his Counsel
informs him, there is no Treason contained in all the
Charge against him, save one only, that comes near
a Statute touching Religion; which he humbly submitted to the House, and besought their Lordships to
take some Course, by the Resolution of the Judges
or otherwise (as they should please), That it may be
declared, whether his Case be Treason or not, before
(fn. *) it be further proceeded in; and that he may have
Liberty to examine his Witnesses; and further, that
Mr. Attorney might not take hold of any Matter of
Form or Legality, to his Prejudice."
And Mr. Attorney (replying) said, "That he would
take hold of the Matter only, and not of the Form
nor Legality; and desired also (as the Earl had), that
the House would direct the Course how the Witnesses
may be examined, and the Manner of his further proceeding against the said Earl."
E. of Bristol withdrawn.
The said Earl being withdrawn;
The House Agreed, His Counsel to be encouraged to
give him their free and faithful Advice and Counsel.
And it was further Ordered, The said Earl of Bristol
to have Liberty to go abroad, in the Custody of Mr.
Maxwell, to take the Air, for his Health's Sake; which
was granted at the Earl's humble Request.
At the Bar again— The E. has Leave to go abroad for the Air, in the Custody of the Gentleman Usher.
The Earl of Bristol being at the Bar again, and his
Counsel with him; the Lord Keeper signified unto him,
That the Lords cannot at this Time settle his Petitions;
but will in due Time: That His Majesty's and their
Lordships Meaning is, that his Counsel do freely give
him their Advice and Counsel, without any Doubt at
all, or any Discouragement; and that he had Liberty
to go abroad, in the Custody of Mr. Maxwell, for his
Health's sake.
For which the Earl of Bristol rendered his humble
Thanks unto His Majesty, and to their Lordships.
Dyed and Dressed Cloaths.
The Lords Committees for venting of Dyed and
Dressed Cloths are to meet this Afternoon, at Four of
the Clock.
"The Answer of John Earl of Bristoll to the Articles
of several High Treasons, and other great and
enormous Crimes, Offences, and Contempts,
supposed to be committed by him, against our
late Sovereign Lord King James, of Blessed Memory, deceased, and our Sovereign Lord the
King's Majesty that now is; wherewith the said
Earl is charged by His Majesty's Attorney General, on His Majesty's Behalf, in the most
High and Honourable Court of Parliament, before the King and the Lords there.
E. of Bristol's Answer to the Articles of Impeachment exhibited against him.
"The said Earl not acknowledging any the supposed
Treasons, Crimes, Offences, or Contempts, wherewith he is charged, in and by the said Articles, to
be true, and saving to himself all Advantage and Benefit of Exception to the Uncertainty and Insufficiency of the said Articles, and several Charges in them
contained; and humbly praying that his Cause may not
suffer for want of legal Form, whereunto he hath not
been inured, but may be adjudged according to such
real and effectual Grounds and Proofs as may be expected from an Ambassador (the Ground of the
Charge growing thence); and that he may have
Leave to explain himself, and his own Meaning, in
any Thing that may seem to admit of a doubtful Construction; for Answer saith as followeth:
Concerning his furthering the Designs of Spain, with respect to the Palatinate and the Marriage with the Insants.
"1. To the First Article, he saith, That he did not
advance or further the Designs of the King of Spaine
against our late Sovereign Lord the King, His Children, Friends, or Allies; or traiterously, falsely, willingly, or as a Traitor to our said late Sovereign Lord
the King, by any Letters, or other Messages, sent in
the Years 1621, 1622, 1623, or at any other Time,
inform, advise, or assure, the said late King, that
the Emperor and King of Spaine, or either of them,
would really, fully, or effectually, make Restitution,
or Plenary Restoration, to the Count Palatine and
his Children, of the Dominions, Territories, and Possessions of the said Count Palatine, or of the Electoral Dignity; or that the King of Spaine did really,
fully, or effectually, intend the Marriage between the
Lady his Sister and the Prince our said Sovereign
Lord, according to the Articles formerly propounded
between the said Two Kings, as by the said Article is
alledged; neither doth or did he the said Earl know
that the Emperor and King of Spaine, or either of
them, never really intended such Restitution or Restoration as aforesaid; or that the King of Spaine
never really intended the said Marriage, as by the
said Article is also alledged; nor both he the said
Earl know that the Emperor, or King of Spaine, or
either of them, intended, by the said Treaties in
the Article mentioned, to gain Time for compassing
their own Ends and Purposes, to the Detriment
of this Kingdom, as by the said Article is also alledged; neither was the said late King James made
secure upon any such false Assurances given unto him by the said Earl, nor thereby lost the Opportunity of Time; nor were the Dominions, Territories, and Possessions of the Count Palatine, or the
Electoral Dignity, thereby lost, or any Part thereof
taken out of the Possession of the said King James;
nor the said Count Palatine, the Lady Elizabeth his
Wife, or their Children, dispossessed, disinherited, or
bereaved thereof, or of any Part thereof, by any Act
or Default of him the said Earl; nor did or was he
the said Earl (fn. *) the Cause of any Thing to the Dishonour of our said late Sovereign Lord King James, or
to the Disherison of the said late King's Children or
their Posterity, or to the disanimating or discouraging
of any the rest of the Princes of Germany, or any
other Kings or Princes in Amity and League with
His said late Majesty; nor did any Thing, in of
concerning the same, contrary to his Duty and Allegiance, or contrary to the Trust and Duty of an
Ambassador, or falsely, willingly, or traiterously, or
as a Traitor to our said Sovereign Lord the King,
in any such Sort, or by any such Ways, Means, or
Inducements, as by the said Article is supposed,
or by any other Ways or Means whatsoever; but the
said Earl dealt therein, and in all his said Trusts as
an Ambassador, carefully, faithfully, and honestly,
and as became a faithful and loyal Subject, Servant,
Counsellor, and Ambassador, as he is most assured
to make very evidently apparent; and for a plain and
clear Demonstration of the Truth and Manner of his
Proceedings, touching the Matters contained in the
said Article, the same consisting of several Parts;
videlicet, the Loss of the said Palatinate, and the
Match with the said Lady of Spaine, and of his several Employments, as of one extraordinary Embassage
to the Emperor, and of another to the King of
Spaine, in the Years 621, 1622, 1623, aforesaid; he
humbly craveth Leave of this most High and Honourable Court, to separate the Businesses, and distinguish
the Times; and, beginning with the Palatinate, first
to give an Account of his Embassage to the Emperor,
and so to make as brief a Deduction as he can of his
whole Carriage in that Business, from the Beginning
of his Employment, to the Time he left it. In his
Embassage to the Emperor, he propounded all Things
faithfully, according to his Instructions; and the Answers which he returned unto His late Majesty, of
most Blessed Memory, were the very same, and none
other than such as were given him by the Emperor,
under His Hand and the Imperial Seal; the which,
according to his Duty, he faithfully sent unto His
said Majesty, and withall did honestly, faithfully,
and truly advertise His said Majesty what he understood and thought then upon the Place; but was so
far from giving unto His Majesty any ill-grounded
Hopes in that Behalf, that he wrote unto the Lords
of the Council here in England, from Vienna, the
26th of July 1621, in sort as followeth: videlicet,
"I am further to move your Lordships, that there
may be a Dispatch made presently into Spaine, to
His Majesty's Ambassador and Mr. Cottington, that
they there deal effectually for the preparing and
ripening of the Business against my coming; and that
they use some plain and direct Language, letting the
Ministers there know that the late Letter sent by the
King of Spaine to the Emperor was colder and more
reserved than His Majesty had Reason to expect. I
shall conclude with telling your Lordships, that,
although I despair not of good Success in this knotty
Business, yet I hope His Majesty and your Lordships
lay not aside the Care of all sitting Preparations for
a War, in case a Peace cannot honourably be had.
And (amongst other Things) I most earnestly recommend unto your Lordships, and by your Lordships unto His Majesty, the continuing abroad yet,
for some small Time, of Sir Robert Mauncell's Fleet
upon the Coast of Spaine; which, in case His Majesty should be ill used, will prove the best Argument he can use for the Restitution of the Palatinate.
"And the said Earl further saith, That this his Advice was really seconded by his Actions, by being
the Cause, as he returned Homeward out of Germany,
of bringing down of the Count Maunsfelt, whereby
the Town of Frankendale was relieved; and by supplying of His Majesty's Army (then in great Distress)
with Moneys and Plate, to the Value of Ten Thousand Pounds, merely out of his Zeal and Affection to
the Good of the King and His Children; having no
Order or Warrant for the doing of it; but might
easily have excused it, either through Want of Order, or Want of Means, but that his Heart was ever
really bent, in Effect more than Shews, to serve the
King's Son-in-law and his Cause, as by the Discourse
of this Business will appear: And how acceptable
these Services then were will appear by the Letters
of the Queen of Bohemia, dated in October 1621, in
these Words following:
"My Lord,
Having understood from Heidelberge how you have
shewed your Affection to the King and me in all
Things, and in the Help of Money you have lent our
Soldiers, I cannot let so great an Obligation pass,
without giving you many Thanks for it by these,
Lines, since I have no other Means to shew my Gratefulness to you. Howsoever, assure yourself, that I
will never be forgetful of the Testimonies you give
me of your Love, which I entreat you to continue,
in doing the King and me all the good Offices you
can to His Majesty. You have been an Eye Witness
of the miserable Estate our Countries are in: I entreat you, therefore, to solicit His Majesty for our
Help. You have given me Assurance of your Affection. I entreat you now to shew it, in helping us, by
your good Endeavours to His Majesty; and you shall
ever bind me to continue, as I am already, your very
affectionate Friend,
"Elizabeth.
With other Letters, about the same Time, both
from the King of Bohemia and Council of Heydelberge, to the same Effect. And how much Satisfaction His late Majesty received in that Behalf, and
touching that Business, will several Ways appear
(and particularly by His printed Speech in Parliament). And the said Earl likewise appealeth to both
the House of Parliament, to whom, by His late
Majesty's Order, he gave a just and true Account of
that Employment, with what true Zeal he proceeded,
and how he pressed that single Treaties and Promises
might no longer be relied on, but that a fitting Preparation for a War might go along Hand in Hand
with any Treaty of Accommodation; and, for a conclusive Testimony of His late Majesty's Approbation
of his Carriage in this Employment, he humbly desireth that a Letter of the Duke of Buckingham's,
under his own Hand, bearing Date the 11th of October 1621, being verbatim that which followeth, may
be read:
"My Lord,
"I am exceeding glad that your Lordship hath carried yourself so well in this Employment, that His
Majesty is not only infinitely pleased for the Service
you have done, for which He commanded me to give
your Lordship Thanks in His Name, until He see
you Himself, but that you have given all Men Cause
to commend His Majesty's Choice of such a Man,
that, unless your Heart had gone with the Business,
could never have brought it to so good a Pass:
Amongst other Things, His Majesty liketh very well
the Care of clearing His Honour, whereof He will
advise further with your Lordship, at your coming
over. I hope you will not find your Negotiation
with the Infanta of such Difficulty as you seem to
fear in your Letter; seeing my Brother Edward hath
brought with him a Letter from His Majesty's Sonin-law, whereby he putteth himself wholly to His
Majesty's Advice and Pleasure for his Submission, as
you will perceive by the Copy of the Letter itself,
which I here send your Lordship; wherein though
there be many Things impertinent, yet of that Point
you might make good Use, for the Accomplishment
of the Business, wherein I have written to the Spanish Ambassador, to use his Means and Credit likewise with the Infanta; which I assure myself he will
effectually do, especially seeing the Impediments are
taken away by Count Maunsfelt's Composition, and
this Conformity of His Majesty's Son-in-Law to the
Submission; for the Money your Lordship hath so
seasonably laid out, His Majesty will see you shall
sustain no Loss, holding it very unreasonable you
suffer any Thing by the Care of His Service, which
you have shewed, so much to His Contentment, and
to the great Joy of
"Your Lordship's faithful Servant,
"George Buckingham.
"Having given this Account of his Employment with
the Emperor, he humbly craveth Leave to make it
known in what sort (before this his Employment) he
endeavoured to serve the Prince Palatine and his
Cause; which will best (fn. *) appear by His late Majesty's own Testimony, upon the going of Sir
Frauncis Nethersole to the Prince Palatine; at which
Time His Majesty, being out of His Royal and just
Heart desirous to do a faithful Servant Right, commanded Sir Frauncis Nethersole to let the Prince Palatine understand how good a Servant the said Earl
had been unto Him, and how active in His Affairs;
as will best appear by a Dispatch of the said Sir
Frauncis Nethersole's, written all in his own Hand, to
Sir George Calvert, in Answer of what was commanded him, dated in Prague, 11th of August 1620,
and sent by His late Majesty to the said Earl, for his
Comfort, being as followeth:
"Right Honourable,
"That you may the better be assured that I have
neither forgotten nor neglected the Commandments
received from His Majesty by your Honour, you
will be pleased to have the Patience to hear me report what I said to this King upon the Delivery of
my Lord Digbie's Letters to His Majesty; which was,
that the King my Master (whose Justice is so much
renowned over the World) did use to shew it in nothing more than in vindicating His Servants from
wrongful Opinions; whereof He knew noble Hearts
were more sensible than of Injuries done to their Persons or Fortunes; that, out of this Royal Disposition,
His Majesty having found my Lord Digby mistaken by
some of His own People at Home, by Occasion of
his being by Him employed in the Affairs with Spaine;
and having thereupon conceived a Jealousy that the
same Noble Lord might be also misreported hitherto;
Their Majesties had, in that respect, given me a particular Commandment to assure His Majesty, that He
had none more nor more truly affectionate Servant in
England; and, for Proof thereof, to let His Majesty
understand, that whereas the Baron Donagh, now His
Majesty's Ambassador in England, had, since his coming thither, obtained but Three great Points for His
Majesty's Service; to wit, the Loan of Money from
the King of Denmarke, the Contributions in England
of the City and Country, and the sending of Ambassadors to the contrary Party; that the Lord Digby
had been the first Propounder of all those to the
King my Master, before His Majesty's Ambassador,
or any other of His Servants in England; although
his Lordship had been contented that others (who
were but set on) should carry away the Thanks and
Praise; because his Lordship, being known to be the
first Mover therein, might possibly weaken the Credit
he hath in Spaine, and to render him the more unable
to serve both his own Master and His Majesty. In
which respect I humbly prayed His Majesty also to
keep this to Himself.
"By which Testimony it may appear, as the said
Earl conceiveth, how he the said Earl behaved
himself before his said Embassage, and in his said
Embassage, with His said late Majesty's Approbation
thereof.
"Now he most humbly craveth Leave to give your
Lordships an Account how he proceeded after his Return from the Emperor's Court: As soon as he came
into England, he discovered to His Majesty, and the
Lords of His Council, in what great Wants he had
left the Forces in the Palatinate, and solicited the present sending away of Money; and thereupon Thirty
Thousand Pounds was borrowed of Sir Peter Vanlore,
Sir Baptist Hickes, and Sir William Cockaine, and
presently sent into the Palatinate, besides the Ten
Thousand Pounds which he had lent, for which he
paid the Interest out of his own Purse Six Months,
having also given, not long before, Five Hundred
Pounds, by Way of Benevolence, to the Service of
the said Palatinate. Now, in the Interim betwixt
his Return from the Emperor, which was in November 1621, and his going into Spaine, in May 1622, he
first gave an Account, as is aforesaid, of his Embassage to both the Houses of Parliament; and moved
them as effectually as was possible, for the Supplying
of His Majesty, and that the Money might be wholly
employed for the Succour of the Palatinate. The
Parliament being dissolved, he solicited, with great
Care and Industry, the settling of some Course for
the Supplying of the Palatinate; and His Majesty
was persuaded to maintain Eight Thousand Foot and
One Thousand Six Hundred Horse, under His own
Standard, and in His Pay, in the Palatinate, and to
establish a certain Course for the due Payment of
the said Army; and the Lord Chichester was, upon
his the said Earl's Motion, sent for out of Ireland;
and he the said Earl, by his Majesty's Commandment,
took Care of his Dispatch. And in this Estate the
said Earl left this Affair at his Departure towards
Spaine, 1622; nothing doubting but all Things would
have effectually and constantly been pursued, according to the Order which was settled and resolved
on at his Departure. At his Arrival at the Court of
Spaine, he presently proceeded according to his Instructions, pressing the Business of the Palatinate as
effectually as could be; and faithfully laboured and
effected from Time to Time (as far as the Point of
Negotiation) all Particulars that were given him in
Charge, as will appear by His late Majesty's Letters
upon every particular Occasion: And if, by the Accidents of War for that Summer, the Marquis of
Baden, the Count Maunsfelt, and the Duke of Brunswicke received each of them an Overthrow, or by
Neglect or ill-ordering the Affairs there, whereof
His late Majesty so far complained to His Son-inLaw as to give Order for the withdrawing of His
Forces (as will appear by His Majesty's Letters of
the 3rd of June 1622, as also by His Letter to Sir
Horace Vere and the Lord Chichester, of the same
Date), if there were not a speedy Hedress. If, by
any of these Accidents, those Businesses have miscarried, the Earl hopeth he shall not be liable to the
Blame, it having no Relation to him or his Employment; having so far, and so honestly, with his best
Affections, employed his Care and utmost Service in
the Business; and His Majesty was pleased, by many
several Letters, upon several Occasions, to signify
His gracious Acceptance of His Service, as in His
Letters of the 24th of November 1622, writing as
followeth: videlicet,
"Your Dispatches are in all Points so full, and in
them We receive so good Satisfaction, as in this We
shall not need to enlarge any further; but only to
tell you that We are well pleased with the diligent
and discreet employing of your Endeavours, in all
that concerneth Our Service; so are We likewise with
the whole Proceedings of Our Ambassador, Sir Walter Aston. Thus We bid you heartily Farewell.
Newmarket, the 24th of November, 1622.
"And afterwards His Majesty was likewise pleased,
in His Letters of the 7th of January 1622, a little
before our Gracious Sovereign Lord the King, then
Prince, His coming into Spaine, to write as followeth:
videlicet,
"Concerning that other unfortunately knotty Affair,
of the Palatinate; to say the Truth, as Things stand,
I know not what you could have done more than you
have done already.
"And whereas it is objected that the Palatinate should
be lost, by the Hopes he the said Earl gave by his Letters out of Spaine, it is an Objection of Impossibility;
for there was nothing left but Manham and Franquendale when his first Letters out of Spaine could possibly come to His late Majesty's Hands; for he did
not begin there to negotiate in that Business until
August 1622; and about that Time Hedelberg, and
all but Manham and Franquendale, was lost; and
Manham he had saved by his Industry, had it not
been so suddenly delivered, as is by His Majesty
acknowledged, by his Letters of the 24th of November 1622, writing thus: videlicet,
"And howsoever the Order given to the Infanta, for
the Relief of Manham, arrived too late, and after
the Town was yielded into the Hands of Tilley; yet
must we acknowledge it to be a good Effect of your
Negotiation, and an Argument of that King's sincere and sound Intention.
"And Frankendale, being by the said Earl's Means
once saved, was again the second Time saved, merely
by his the said Earl's Industry in procuring a Letter
from the King of Spaine, dated the 11th of February
1623, whereupon followed the Treaty of Sequestration, which hath since continued. And he the
said Earl was so far from hindering Succours, by
any Letters or Counsel of his, that he was the
Solicitor, and in great Part the Procurer, of most
of the Succours that had been sent thither, as is formerly set down: And when His Royal Majesty that
now is, and the Duke of Buckingham, arrived at the
Court of Spaine, they found the said Business of the
Palatinate in so fair a Way, that the Spanish Ministers told them the King should give His late Majesty a Blank in that Business, to frame His own Conditions, as appeareth by His late Majesty's Letter of
the 8th of October 1623, as followeth: videlicet,
"Our Son did write to Us out of Spaine, that that
King would give Us a Blank, in which we might
frame Our own Conditions; and the same He confirmeth unto Us now.
"And the like touching the Blank was also acknowledged by the Duke of Buckingham, in his Speech
in Parliament. After the Return of His Majesty out
of Spaine, it will appear by Testimony of Sir Walter
Aston, and by his and the said Earl's Dispatches,
that the said Earl wanted not Industry and Zeal in
this Business, insomuch as the last Answer the Earl
procured therein from the King of Spaine was
fuller than he the said Earl was Ordered by His late
Majesty's latest Letters to insist upon; so as, by
that which hath been alledged, the said Earl hopeth
your Lordships will be satisfied not only that he
wanted neither Will nor Industry, but that he hath,
with all true Zeal and Affection, and with his own
Means, faithfully served Their Majesties and the
Prince Palatine in this Cause; and forasmuch, in
that Affair, he had all that could be betwixt
Christian Princes: And if, in the said Assurances, there hath been any Deceit (as by the said
Article is intimated), which he never knew nor believed, he referreth it to God to punish their
Wickedness; for betwixt Princes there can be no
greater Tye than their Words, Oaths, Hands,
and Seals; all which he procured in that Behalf:
And both he the said Earl and Sir Walter Aston were
so confident that the Business would be ended to His
late Majesty's Satisfaction, that, in a joint Dispatch
to His said late Majesty, of the Three and Twentieth
of November 1623, after His now Majesty's Return
into England, they wrote as followeth:
"We hope that Your Majesty may, according to
Your Desire signified to me (the Earl of Bristoll) by
the Letters of the 8th of October, give to Your Majesty's Royal Daughter this Christmas the comfortable
News of the near expiring of her great Troubles
and Sufferings, as unto the Prince Your Son the
Congratulation of being married to a most Excellent
Princess.
"And having thus given your Lordships an Account
of his Proceedings touching the Palatinate, he will, by
your Lordships good Favour, proceed to the other
Part of the Charge, concerning the Marriage. And
first, touching the Hopes and Assurances that he is
charged to have given to His late Majesty, and Ministers of State, here in England, of the Spaniards
real Proceedings in the said Match, when it is said he
knew he never meant it; he faith, he never gave
any Hopes of their real Proceeding; but such and the
very same that were first given unto him, without
adding or diminishing; neither could he have done
otherwise, either with Honesty or Safety: And he
further faith, The Hopes that he gave were not upon
slight or vain Intelligence; but, as well in that of the
Match as the other of the Palatinate, his Advertisements were grounded upon all the Assurances, both
upon Word and Writing, that could pass betwixt
Christians, as will be made evidently appear by his
Dispatch of the 9th of September 1623; which he
humbly desireth may be read (if the Length of it
may not displease), the Substance of it being to
shew all the Engagements and Promises of the King
of Spaine, that He really intended the Match; and
the Cause why the Conde De Olivares pretended to
the Duke of Buckingham, that the Match was not
formerly meant, was only thereby to free himself
from the treating any longer with the said Earl, to
the End he might treat for larger Conditions in
Point of Religion with the said Duke; the said Conde
De Olivares taking Advantage of having the Person
of His Majesty, then Prince, in their Hands; and with
this Dispatch the said Earl acquainted His Majesty
that now is, then in Spaine, before he sent it; and His
Majesty, upon the reading of it, was pleased to say,
that the Earl had proceeded with so much Caution
and Care that, in Case the Spaniards should be false,
he might be sure to shame them for their Falsehood:
And by this Dispatch the said Earl doubteth not but
it will appear to this most Honourable Court, that,
whilst the treating of that Business was in his Hands,
he proceeded in it not only with Care and Industry,
but with some Measure of Vigilancy: And for the
clearing of an Objection that hath been alledged;
videlicet, That the Match was neither meant before
the Duke's going into Spaine nor after, the Earl
craveth Leave to set down some few Reasons of many,
which caused him to believe that the said Match had
been really meant; and that it was so conceived by
both Their Majesties and the King of Spaine, and
Their chief Ministers on both Sides; for first, the
Duke of Buckingham certified His late Majesty, that
the Business of the Marriage was brought to a happy
Conclusion; whereupon His late Majesty was pleased
to give Order to the said Duke and Earl to proceed in
Business, which His said late Majesty would not have
treated until the Marriage were concluded; as will
appear by a Letter of His said late Majesty, jointly
to the Duke of Buckingham and the said Earl, of the
23d of July 1623. Secondly, it will appear, by
Letters of the Lord Conway to the Duke of Buck.
bearing Date the Third and Fourth of September
1623, that the said Duke had good Assurance of
the Conclusion of the said Match; and, upon this
Confidence, were all Things put in due Execution
in England, as hath been capitulated; and the Lord
Conway and others fully settled and agreed all the
Points of Immunity and Liberty for the Roman Catholics, for the Use of their Religion, as was sct
down in the Declaration of the Ninth of August
1623, hereafter mentioned, in the Answer to the
Fifth Article of this Charge. Thirdly, the very
Day that His now Majesty and the Duke of Buck.
departed from The Escuriall in Spaine, towards
England, the said Duke solemnly swore the Treaty
of the said Marriage, and the Furthering of it all
that should be in his Power, upon the Holy Evangelist, in the Presence of the said Earl and Sir
Walter Aston: Fourthly, the Treaty of the Marriage
had formerly been signed, sealed, and solemnly sworn,
by the King of Spaine; and when His Majesty and
that King took their Leaves, the King of Spaine did
solemnly protest, (fn. *) on the Word of a King, faithfully and punctually to perform all that had been
capitulated in the Treaty of the Marriage; and
thereupon embraced His Majesty at His Departure;
and the very next Day sent a Letter unto His Majesty, all written with His own Hand, vowing and
protesting to make good all that He had capitulated
or promised unto His Majesty at His Departure the
Day before; so that, if there were no true Meaning
on the Part of Spaine to make the Marriage, as by
Mr. Attorney is pretended, yet certainly the said
Earl hath not been slightly deceived; neither can it
be, as he conceiveth, any Fault in him, since not
only His late Majesty, but also His Majesty that now
is, and the Duke of Buck. being then both upon the
Place, did confidently believe (and that upon other
Grounds than the Informations, Suggestions, or Persuasions of the said Earl), that the Marriage was
really intended; and to that Effect, both His late
Majesty of Blessed Memory, and His most Excellent
Majesty that now is, after His Return into England,
wrote unto him the said Earl several Letters; assuring
him that Their Intents and Pleasures were to have
the said Match proceeded in. And thereupon the
Powers of His Majesty, then Prince, were again
renewed, and sent unto the said Earl; so that the said
Earl, having so many and so great Causes to be assured that the Match was really intended on both Sides,
he conceiveth it will be hard for Mr. Attorney to make
good that Part of his Charge, wherein he affirmeth
that the Earl should know the contrary, or give
Assurances upon false Grounds, as in the said Article
is alledged.
Concerning his continuing the Treaty with Spain, touching the Match, upon Generalities.
"To the Second Article, the said Earl saith, That he
did not falsly, willingly, or traiterously, or contrary
to his Allegiance, or the Trust and Duty of an Ambassador, continue (fn. †) the Treaties upon Generalities,
without effectual pressing of the King of Spaine unto
particular Conclusions, according to His late Majesty's
Instructions or Directions; nor intended to have continued the said Treaties upon Generalities, without
reducing them to Certainties and direct Conclusions;
nor did therein any Thing to the Dishonour of His
said late Majesty, or to the Danger or Detriment
of His Majesty's Person, His Crown, or Dominions,
or of His Confederates or Allies, as by the said Article is alledged; but directly denieth all the supposed Offences, wherewith he standeth charged by
the said Article; and for a clear Declaration and
Manifestation of the Truth and Manner of his Proceedings, that it may appear to this High and most Honourable Court, how (fn. †) far he hath been from ofsending in that Kind, not continuing the said Treaties
One Day longer than Necessity enforced, but rather
pressing beyond than coming any Way short of his
Instructions and Directions; he faith; and First, as
to the continuing of the Treaties upon Generalities;
that the Temporal Articles were, by Agreement on
both Sides, not to be treated nor settled, until such
Time as the Articles of Religion were fully agreed;
for that it was held most proper and honourable for
both Sides, first to see if the Difficulties of Religion
might be reconciled, before they passed to any further Engagements. And the said Articles of Religion (by reason of the Pope's new Demands, sent
into England by Mr. Gage) were not signed, nor
condescended unto by His late Majesty, nor His
Majesty that now is, then Prince, until the Fifth Day
of January 1622, and then were sent away Post out
of England to the said Earl, by Mr. Symon Digby,
who arrived with them at Madrid, in Spaine, about
the Five and Twentieth Day of the same Month;
but the Earl's Care was such to have no Time lost
in the settling of the Temporal Articles, that, before
he would condescend (so much as de bene esse) unto
the Articles of Religion, that they should be sent
back again unto Rome, he procured the King of
Spaine to promise, that, within the Time limited for
the procuring of the Dispensation (which was by
March or April following at the farthest), all the
Temporal Articles should be settled and agreed, to
the End that the Infanta might be delivered at the
Spring, as by the King of Spaines Answer in Writing
was declared to (fn. *) be that King's Intention. And
accordingly Sir Walter Aston and the said Earl did
(not in general, but most industriously) labour to
settle all particular Articles (as they did most of
them): videlicet, That the Portion should be Two
Millions, it appearing that it was so agreed by the
late King of Spaine, the present King's Father: That,
the Dispensation coming, the Desposorios should be
within Forty Days after; and the Infanta's Departure
from Madrid should be within Twenty Days after
that: And that Don Duarte de Portugall should be
the Man that should attend the Infanta in the Journey: And all other Particulars necessary for the Conclusion of the said Treaty were, by Sir Walter Aston,
and the said Earl, and the Spanish Commissioners
drawn up into Heads in Writing; and, after many
Debates, they were consulted with that King; and
the Second of March 1622, Stilo vet. the Conde Do
Gondamar and the Secretary Don Andreas de Prada,
were appointed to come home to the House of the
said Earl, to signify unto Sir Walter Aston and himself (as they did) that the King of Spaine had declared His Resolution in all the Particulars, and given
them Order to come to a speedy Conclusion with them
of all Things; and that King's Answer to that Conclusion the Earl saw, and read, all written with His
the said King of Spaines own Hand. On the 7th
Day of the same Month of March 1622, the King's
Majesty (then Prince) and the Duke of Buckingham
arrived at Madrid; and then the Spaniards took new
Hopes, and the Negotiation was put into a new
Form; so that where it is objected against the Earl,
that he entertained and continued the Treaty so long
upon Generalities, he conceiveth it is not meant of
the Spiritual Articles, for they were such as were
sent from Rome to England, and from thence they
came to the Earl; and for the Temporal Articles,
they not being to be settled or treated till the Articles
of Religion were concluded, he conceiveth it cannot
be alledged, with any Colour, that in them His Majesty was entertained with Generalities; since, from
the Time that the said Articles of Religion were
brought unto the said Earl by Mr. Symon Digby,
being about the Five and Twentieth of January,
there were but Six Weeks until the Seventh of March
following, when His Majesty, then Prince, arrived
in Spaine; and in the Interim all the abovespecified Particulars were settled; and the Time
that hath been spent in this Treaty hath not
been through his the said Earl's Default in continuing upon Generalities, without pressing to Particulars; but hath been caused as well by Difficulties which the Business brought with it, as also by exterior Accidents; videlicet, the Wars of Bohemia, the Death of Two Popes, and of the late King
of Spaine, without the least Fault of the said Earl's,
as is acknowledged by His late Majesty, of Blessed
Memory, in the said Earl's Instructions of the 14th
of March 1621; neither could any Delay therein be
attributed to him the said Earl, for he was employed
in those Times into Flaunders and Germany; and Sir
Walter Aston, and Sir Francis Cottington, for the Space
of Three or Four Years, were resident in Spaine,
from whence the Hopes they gave were upon all the
discreet Grounds that Ministers can expect from a
State: But the Earl resumed this Business only Six
Months before His Majesty's coming into Spaine;
and he was so desirous to see His Majesty, then Prince,
bestowed, that he pressed nothing so much, both to
the King and Prince, as that the Prince, might lose no
more Time, and rather break the Match with Spaine
than suffer any further Delays, as will appear by his
Dispatches, from his First Arrival at the Court of
Spaine, until His Majesty, then Prince, His coming;
for, in his Letters of the 28th of June 1622, being
the First he wrote after his First Audience, he was so
desirous that no Time might be lost, that in them he
craveth Leave of His then Majesty, that, in Case he
should find any Delays in Spaine, he might (without
expecting any new Order) take his Leave, and come
Home. And, upon the Return of Sir Frauncis Cottington, in September following, he wrote both to the
King, and His Majesty then Prince; videlicet, to the
King, as followeth:
"I shall presume to add to that which Mr. Cottington
will deliver unto Your Majesty, by Word of Mouth,
of the present Estate of the Match, what I conceive
to be the right Way to bring it to a speedy Issue:
That Your Majesty will be pleased positively to declare what (fn. *) You will do in Point of Religion; and
that You will appoint me a certain limited Time by
which this King should procure the Dispensation, or
conclude the Match without it; and, in Case there
shall be no further Delay therein, that then I may
declare Your Majesty to be free and disengaged, to
bestow the Prince in such Sort as You shall judge
most convenient.
"And to the Prince, at the same Time, he wrote in
the subsequent Words: videlicet,
"That which will be necessary for His Majesty presently to do, on His Majesty's Part, is, to declare
Himself how far He will be pleased to extend in
Point of Religion, in such Form as Mr. Cottington
will propound unto your Highness; and that he set
me a prefixed limited Time to break or conclude the
Match, either with the Dispensation or without it;
and for the rest, it may be left to my Negotiation.
But your Highness may be pleased to hasten this His
Majesty's Resolution, with all possible Speed.
"And the said Earl saith, That, having received from
His said late Majesty, His Resolution in Point of Religion, and a limited Time according to his Desire, he
was so precise and punctual therein, that, although
the making or breaking off the Marriage depended
upon it, he would not give One Month's longer Time
for the procuring of the Dispensation, until he had
first acquainted His said late Majesty therewith, and
received His Directions under His own Hand, as will
appear by His said Majesty's Letters of the 25th of
October 1622, as followeth:
"Right Trusty and Well-beloved Cousin and Counsellor, We greet you heartily well. Whereas, by
your last Letter, written to Our Secretary, dated the
29th of September, you are desirous to have Our
Pleasure signified unto you under Our own Hand,
whether We will be contented or not to grant a
Month's longer Time for the coming of the Dispensation from Rome than We have already limited unto
you, in Case they shall there conclude all Things else
to Our Contentment, with a Resolution to send the
Infanta hither the next Spring; We do hereby declare unto you, that, in that Case, you shall not
break with them for a Month's longer Delay. We
also wish you not to trouble yourself with the rash
Censure of other Men, in Case Your Business should
not succeed; resting in that full Assurance of Our
Justice and Wisdom, that we will never judge a good
and faithful Servant by the Effect of Things so contingent and variable. And with this Assurance We
bid you heartily Farewel.
"And he further saith, That when he had agreed
unto the Articles of Religion, and that a settled Time
was appointed for the coming of the Dispensation,
and a Conclusion of the Match; although he would
bind himself to nothing without His Majesty's Approbation; yet, for that no Time might be lost, he
agreed to the (fn. *) Propositions de bene esse, sent by Mr.
Porter, of the 10th of December 1622, to the End
the Articles might be sent immediately to Rome, without losing so much Time as to hear first from England.
And humbly moved, that, in Case His Majesty should
approve of the said Articles, He would send His Approbation directly to Rome, for the gaining of Time;
which His Majesty was pleased to do. And at the
same Time he wrote both to His said late Majesty;
and His Majesty then Prince, as followeth: videlicet,
"To His Majesty:
"This is the true State of the Business, as it now
standeth. If Your Majesty approve of what is done,
I hope it will have a happy and short Conclusion. If
Your Majesty think it not fit to condescend and allow
of these Articles, I have done the utmost of my Endeavours; and shall humbly persuade Your Majesty
not to lose a Day longer in the Treaty; so much it
importeth Your Majesty and Your Kingdoms that the
Prince were bestowed.
"And to the Prince, in Letters of the like
Date, in this Sort:
"I presume now to write unto His Majesty that
which I think it my Duty to say; likewise unto your
Highness; that, in Case you shall not approve of
what is now conditionally agreed, you permit not a
Day more to be lost in this Treaty; for it is of so
great Consequence that your Highness were bestowed,
that it importeth almost as much that you were speedily as fittingly married. But I hope that His Majesty and your Highness will in such Sort approve
of this last Agreement, as you will speedily bring
this long Treaty to a happy Conclusion. I am out of
Hope of bringing Things to any better Terms; and
therefore I deal clearly with your Highness; and do
not only most humbly persuade, but on my Knees beg
it of you, that you either resolve to conclude this
Match as you may, or speedily to break it, and bestow
yourself elsewhere; for no less than the Happiness
of your Kingdoms, and the Security of the King
your Father and yourself depend upon it.
"All which Things being considered; the Earl most
humbly submitteth himself to the Judgement of this
most High and Honourable Court, whether those
Delays, which several Accidents have brought forth
in this Business, can be attributed to his Fault; since,
on the one Side, he hopeth it will evidently appear
to your Lordships, that he ever moved His Majesty
and the Prince to admit of no Delays, but rather
to think of some other Course; and, on the other
Side, it will appear, by all his Dispatches, that he
pressed Things with the Ministers of Spaine to as
speedy a Conclusion as the utmost Terms of fair Negotiation and Good-manners would bear. And
whereas it is pretended that the Spaniards should take
Occasion, by entertaining the said Treaties, to abuse
His late Majesty (which he knoweth not); yet he
saith, that he used all the Industry and Vigilancy that
a careful Minister could do, and that, from the Spaniards, all the Assurances by Oaths, Words, and
Writings, which could be expected from Christians,
the which he faithfully, without adding or diminishing, represented unto His said Majesty. And His
said Majesty, in those Times, was pleased to conceive,
upon those Assurances, that they dealt really with
Him; and he conceiveth, that His Majesty that now
is (then Prince), and the Duke of Buckingham were
pleased to write as much to the late King's Majesty,
at their first coming into Spaine; and that all which
the said Earl had written touching that Employment
was there avowed by the Conde of Olivares and
Conde De Gondemar, to the said Prince and Duke,
at their Arrival at Madrid. And he hopeth that, if
his Dispatches may be perused, it will appear, and
be adjudged, that he served His Majesty with some
Measure of Vigilancy, as well as Fulness of Fidelity.
Concerning his magnifying the dangerous Consequences of a War with Spain, and the great Power of that Kingdom.
"3. To the Third Article, the said Earl saith,
That he did not, either by Word or Letters, to His
late Majesty or His Ministers, extol or magnify the
Greatness and Power of the King of Spaine, nor represented to His late Majesty the supposed Dangers
which would ensue unto Him, if a War should happen between Him and the said King of Spaine; nor
affirmed nor insinuated, as in the said Article is mentioned, to any such Intent as by the said Article is alledged: But, if he did at any Time speak or write
of the Power and Greatness of the King of Spaine, or
represented any Dangers to His late Majesty that
might ensue by entering into Hostility with the said
King, it was as a faithful Counsellor and Servant to
His Master, by Way of his Advice and Opinion,
which he ever delivered sincerely, faithfully, and
truly, according to the present Occasion; and in no
wife to any such Intent as in the said Article is mentioned, nor to any other evil Intent or Purpose whatsoever. But he hath been so far from diffuading His
late Majesty to take Arms, that he hath, upon all
just Occasions, advised that all fitting Preparations for
War might be made; as (beginning with the Year
1621, from which Time he is only charged) will appear by his Speech in Parliament presently upon his
Return out of Germanie, that he hoped His Majesty
would rely no longer upon single Treaties, but make
all fitting Preparations for a War, and that the Parliament would enable His Majesty thereunto; and by
the Care he took before his going again upon his Embassage into Spaine, that the Establishment of an Army under His Majesty's own Standard, of Horse and
Foot, and in his own Pay, may be fully settled and
provided for; as likewise his Advice to the Lords of
the Council, that His Majesty might have a Curb
upon the King of Spaine, upon all Occasions, by continuing of Sir Robert Maunsell's Fleet upon the Coast
of Spaine, as will appear by his Letter written from
Vienna, of the 26th of July 1621, mentioned in the
Answer to the First Article. By all which it well
appears that he laboured and endeavoured, as much
as in him lay, that His Majesty might be well prepared for any Occasion of a War that should happen;
and he no way remembereth to have discouraged, or
to have spoken or written any Thing that might have
been understood to have tended to the discouraging of
His said late Majesty, from the taking of Arms, or
entering into Hostility against Spaine, or for resisting
of Him and His Forces from attempting the Invasions
of His late Majesty's Dominions, or the Dominions
of His late Majesty's Confederates, Friends, or Allies, as by the said Article is charged against him;
nor remembereth that he hath had any Cause so to
do. But, if he hath in any Kind spoken or written
of Spaine, or the Power of it, it may have been to
His late Majesty, or to His Majesty that now is, by
Way of Discourse, speaking of the Solidness of the
Spanish Proceedings, of their serious and deliberate
debating of Business before they resolved on them,
and of their constant pursuing of them when they
were once resolved; wishing that England and other
Nations would herein imitate them, for that he supposed the right Way to impeach the Spanish Greatness, was to grow as wise as they, and to beat them
at their own Weapons; but otherwise he is confident
he hath never been heard to speak or write any
Thing that might give any Terror or Discouragement
to His late Majesty, or His chief Ministers; knowing
that Englande need take little Terror at the Power of
Spaine, having, almost in all Attempts and Enterprizes, won Honour upon them; and as for the presenting of the Dangers that might ensue upon a War,
though he knoweth not what is aimed at in that Particular, yet he is most confident, out of the Integrity
of his own Conscience, that he hath neither said or
advised any Thing but what befitted a faithful Counsellor and Ambassador; which was, truly to deliver his Opinion, as he understood it, upon the present Occasion. And as for the affirming that His Majesty's Quiet should be disturbed, and He not permitted to hawk or hunt; he remembereth not what
Discourse he may have had or written to any Person,
how fit it might be, upon the being embroiled in a
great War, seriously to tend it, and to make it our
whole Work; but, as he is confident it will appear
that, what Discourse soever it may have been, it wanted
not the true Zeal and Affection which he hath ever
borne to the King's Service; so he hopeth it will be
found not to want that due Respect and Reverence on
his Part, which he ought to shew unto so gracious a
Master; neither can it be conceived that the Considerations of Hunting, Hawking, or Ease, should be
Considerations worthy of so great and prudent a
King, to withhold Him from a War for the Good of
Christendom and His Kingdoms, if He should have
been justly provoked thereunto.
That he was careless of the Success of his Embassy, and only intent on his own private Fortune.
"4. To the Fourth Article, the said Earl saith,
That he did not any Thing contrary to his Duty and
Allegiance, or contrary to the Faith and Trust of an
Ambassador, as by the Article is alledged; but did
intend the Service and Honour of His late Majesty,
and no corrupt or sinister Ends of his own, or his
own Advancement, as by the Article is also alledged:
And as for the Conference which is pretended he
should hold concerning the Treaty, that, being told
there was little Probability that the said Treaties
would or could have good Success, and that he should
acknowledge as much, and yet say that he cared not
what the Success thereof would be, but that he would
take Care to have his Instructions perfect, and to
pursue them punctually, and would make his Fortune
thereby, or Words to that Effect; he doth not remember to have ever held any such Discourse, though
it is true that the Time hath been many Years since,
when he thought the Match very unlikely to be effected, in regard of the unequal Answers which
were given in Prince Henrie's Time, and the Unlikelihood of accommodating the Differences of Religion:
And saith further, that the reviving of the Treaty of
the said Match, for His Majesty that now is, was not
by his Means; but he ever clearly declared his Opinion, both to His late Majesty and to His Majesty
that now is, that, in the First Place, he wished and
advised a Protestant Match; but, in the Duty of a
Servant, understanding that both Their Majesties
really desired the Match with Spaine, he did seriously
and faithfully intend the Service and Honour of
Their Majesties, and effectually endeavoured to procure Their Ends; and it is very likely he might say he
would get his Instructions perfect, and to pursue them
punctually (as he conceiveth, was lawful and fit for
him to do); but for the latter Part of this Conference, that he should say he would make a Fortune by
it, or any Words to that Effect, he was in the Year
1621, and ever since, of that Rank and Quality,
both in Regard of his Employments, Fortunes, and
his Master's Favour, that he assureth himself he did
not, and dare answer so far for his own Discretion,
that it was impossible for him to hold so mean and unworthy a Discourse.
Concerning his Intention to encourage the Popish Religion and its Professors, in Case the Marriage with the Infanta took Place.
"5. To the Fifth Article, the said Earl saith, That
he did not intend or resolve that, if the Marriage, in
the former Articles mentioned, should have been effected, that thereby the Romish Religion and the Professors thereof should be advanced, or the true Religion and Professors thereof discouraged or discountenanced, as by the said Article is alledged; nor did
he, to any such End or Purpose, or otherwise, at any
Time, counsel or persuade the late King's Majesty to
set at Liberty the Jesuits and Priests of the Romish
Religion, or to grant or allow unto the Papists and
Professors of the Romish Religion a free Toleration,
or silencing of the Laws made and standing in Force
against them, as in the said Article is also alledged;
but contrarily, upon all Occasions, to the utmost of
his Power, did labour to prevent all the Inconveniencies, in Point of Religion, that might come by the
matching with any Princess of a differing Religion,
as well appeareth by the Paper of his Opinion, that
His Majesty should marry with a Lady of His own
Religion, hereafter mentioned, in his Answer to the
Seventh Article: And for further Proof thereof, he
saith, that, in the whole Treaty with Spaine, he ever
stood stricter in Point of Religion than by his Instructions he needed to have done, as will appear by the
Testimony of Sir Walter Aston, and his Dispatches of
the 12th of December 1622, and other Dispatches,
which he desireth may be read. And as for counselling or persuading to set at Liberty Jesuits, or
Priests, he utterly denieth to have done any such
Thing, as before he hath answered; although it be
true that, the Embassage of Spaine being far different
from Employments in other Places, where there is a
Body of our Reformed Religion, and where His Majesty hath Kindred and Allies, whereby His Majesty's
Ministers may be informed of the necessary Occurrences of State without the Help of Priest or Jesuit;
but in Spaine there being none but Roman Catholicks,
nor any other Manner of Correspondency or Intelligence but by them, the Ambassadors must make Use
of all Sorts of People, especially of Jesuits and
Priests; and, to that Purpose, Ambassadors thither
have always a particular Warrant, under the King's
Hand, to treat and make Use of Priests, Jesuits, and
all other Sorts of Men, unless it be such as be proclaimed Rebels; and divers Times the Ministers employed in Spaine, to gratify some whom they there
employed for the King's Service, as he believeth, at
their particular Suit, moved His Majesty to extend
Grace and Favour to some particular Friend or Kinsman of theirs, being a Roman Catholick, and imprisoned in England; and that he remembereth to
have happened to others, but doth not remember to
have himself written to His late Majesty in that Kind.
And as concerning his Advice and Counsel to set at
Liberty Jesuits and Priests, and the granting to the
Papists a Toleration (fn. *) and Silencing of the Laws against
them; he faith, that His late Majesty was engaged,
by the Treaty of Madrid, 1617, in divers Matters
concerning Religion, as likewise by Promises to the
Conde of Gondomar, and His Letters to the King of
Spaine, of the 17th of April 1620, wherein He is
pleased to promise some Particulars in Favour of Roman Catholicks, as by the said Letter will appear.
And, notwithstanding the said Earl had sufficient
Warrant, under the King's own Hand, to assure the
King of Spaine that whatsoever was agreed in the
said Articles, or in the said Letter, His Majesty would
sincerely perform; yet the said Earl was so cautious
in that Point, that when, for the Conclusion of the
Match (the other Articles of Religion being all
agreed), it was preffed by the Spanish Ministers,
that a Clause of Connivance might be inserted, with
Protestation that the Form and Way thereof should be
wholly left to His Majesty's Wisdom and Clemency,
and that His Majesty's Roman Catholick Subjects
should acknowledge this Grace only to come from the
King's Mercy and Goodness; yet the said Earl would
not condescend or assent thereunto, but only de bene
esse, as by his Letters to Mr. Secretary Calvert, bearing Date the 8th of October 1622, will appear;
thereby to give His Majesty Time to take it into Consideration, before he would engage or bind Him in
this Point. And the said Earl faith, that he did not,
by Letters or otherwise, ever counsel or persuade His
late Majesty to grant and allow unto the Papists, and
Professors of the Romish Religion, a free Toleration
and Silencing of the Laws made and standing in Force
against them; but ever protested against any such
Toleration. And when any such Proposition hath
been offered to be made in Spaine, he hath ever
refused so much as to give Ear unto it, or to suffer it
to be propounded; although it be true, that he hath
since seen a Writing, touching Pardons, Suspensions,
and Dispensations for the Roman Catholicks, bearing
Date the Seventh of August 1623, signed by some of
the Lords in England, wherewith he was never acquainted; but it was treated and concluded by others with the
Spanish Ambassadors here in England, whilst the said
Earl was in Spaine; neither was his Advice or Counsel in it; for, if he had known it, he should have
protested against it, as far as with Duty and Goodmanners he might have done. And so the said Earl
leaveth it to your Lordships to consider of the Difference betwixt the Conditions of the Treaty of Madrid,
of the 12th of December 1622, concluded by him and
Sir Walter Aston, and of those which were after concluded here in England, expressed in the said Writing,
and ready to be shewn to your Lordships, if in your
Wisdoms it shall so seem fit. And then he doubteth
not, but your Lordships will judge the said Earl to
be very unfortunate, to be charged with an Article of
this Kind.
Concerning his giving false Information relative to the Treaties.
"6. To the Sixth Article, the said Earl saith, That
he gave not any false Information, or Intelligence,
concerning the Treaties in the said Article mentioned,
either unto the late King's Majesty, or unto His Majesty that now is, then Prince; neither doth he know
that His late Majesty, by Hopes taken from his the
said Earl's Assurances, or by Jealousies or Suspicions
by the Delays in the Proceeding with Spaine, was
enforced, for the speedy Conclusion of those Treaties,
or to the Intent to discover the ill Intention of the
King of Spaine and Emperor, to take His Journey
into Spaine, as by the said Article is supposed; for
the said Earl saith, that the Assurances which he gave
His late Majesty, and His Majesty that now is, concerning those Treaties, were such as it had been Dishonesty and Breach of his Duty and Trust for him
to have held back, being the same that were there
given him by the Emperor and the King of Spaine,
and their Ministers, upon as great Assurances as can
pass betwixt Ministers of Princes in like Cases. And
as for the Delays of Spaine, they could never be so
ill, and with so little Colour complained of, as
at the Time of His Majesty's coming thither; for
that a certain Time was before then prefixed for
the coming of the Dispensation, videlicet, in April
1623, at the furthest, which was the next Month
after the Prince's Arrival at Madrid; and the Desposorios were to have been within Forty Days following, and the Infanta to begin her Journey into England within Twenty Days after; so as Three Months
Patience longer would have shewed the Issue of the
Business, without putting of the Person of the Heir
Apparent to the Crown into so eminent a Hazard,
for the trying an Experiment. And it is an Argument of great Suspicion, that, because the Spaniards
were suspected to have dealt falsely, and so the less
to be trusted, therefore the Person of the Prince
should be put into their Hands, to try Conclusions.
But the Truth is, that, though that was made the
pretended Ground and Occasion of the Journey, it
was neither the Assurances of the said Earl, nor the
Jealousies of Spaine, but other Motives, that were the
original Cause of His Majesty's said Journey, as
shall be sufficiently made appear in due Time; and
the said Earl having gotten an Inkling thereof by
something that was let fall by the Conde of Gondomar to that Purpose, instantly dispatched away Mr.
Gresley to His late Majesty, to have this Journey
prevented; who, upon the Confines of Fraunce, met
His Majesty and the Duke of Buckingham on their
Journey towards Spaine, and told them as much; so
that, although he confesseth what is said in the
Charge to be true, videlicet, that, by the said Journey, the Person of the Prince, and the Peace and
Safety of this Kingdom, did undergo such apparent
Danger, as at the Remembrance thereof the Hearts
of all good Subjects do tremble; yet the Blame of it
is due to the Authors and Advisers of the said Journey, and not to the said Earl: And although it
pleased God, to the exceeding great Joy and Comfort
of the said Earl and of all good Men, to send His
Gracious Majesty Home with Safety, yet never was
the Person of any Prince, upon such Grounds, exposed to so great a Hazard; and, in such Cases, not
the Success but the Counsels are considerable.
Concerning his advising His Majesty (then Prince) to change His Religion.
"7. To the Seventh Article the said Earl saith, That
he did not move or persuade His Majesty, then Prince,
to change His Religion, neither in the Manner in the
said Article mentioned, or in any other Manner
whatsoever; neither did he conceive that the Charge
in itself, as it is laid, will, in any reasonable Construction, bear any such Inference as is made thereupon; so as he conceiveth he needeth not to make
any further or other Answer thereunto: Yet, that it
may appear that the Motion he made unto the said
Prince was not traiterously, falsely, or cunningly, nor
without Ground, nor to any such Intent as in the
said Article is supposed: and to manifest unto this
most High and Honourable Court how far he was
from any such Intention; he faith, that he doth acknowledge that, within few Days after His Majesty's
coming into Spaine, whilst he had that great Honour
to have His Majesty lodged in his House, and to have
so Royal a Guest; finding by the Spanish Ministers
that there was a general-received Opinion in that
Court, that His Majesty's coming thither was with
Intention to become a Roman Catholick; and the
Conde of Gondomar having that very Morning pressed
the Earl not to hinder so pious a Work (for so he
termed it) of His Majesty's Conversion, and seemed to
be assured of the Duke of Buckingham's Assistance
therein; His Majesty being all alone in a Withdrawing Room in the said Earl's House, the said Earl
kneeled unto Him, and told Him that he had a Business to impart unto Him, which highly importeth
His Majesty to know, so he might be sure his Boldness therein might be pardoned; which His Majesty
graciously promised; and thereupon the said Earl
told His Majesty, that the general Opinion in that
Court was, that His Majesty's coming thither was
with Intention to be a Roman Catholick, and there to
declare it. And he confesseth, that, at the same
Time (in regard of those Things which he hath
heard), he humbly besought His Majesty to deal
freely with him, as with a Servant of whose Fidelity
He might be confident; or Words to that Effect:
But he was so far from persuading His Majesty to
be a Roman Catholick, that, without expecting His
Majesty's Answer, he declared himself to be a Protestant, and so should always continue; yet he said he
would serve His Majesty, and labour to advance His
and the King His Father's Affairs, with as much Fidelity and Honesty as any Catholick whatsoever. And
His Majesty was pleased then to make unto the said
Earl a full and clear Declaration of His Religion, and
of His constant Resolution therein; and seemed to be
much displeased that any should have so unworthy an
Opinion of Him as to think He would, for a Wife,
or any Earthly Respect whatsoever, so much as to waver
in His Religion. Whereupon the said Earl besought
His Majesty to pardon his Boldness, and then entreated Him not to suffer His Business to be overthrown, by permitting that Conceit of His Conversion any longer to remain in the Spaniards, nor to do
any Thing that might give them Hope therein; alledging, that it was impossible the Marriage could be,
without a Dispensation. And so long as the Spaniards (who were to procure the Dispensation) should
have Hope of His Majesty's Conversion, they would
rather clog the Dispensation than hasten it; for,
whilst they should have Hope of all of His Conversion, they would never content themselves with a Part
to which they were tied by the Articles agreed upon
with the said Earl and Sir Walter Aston. At which
Time His Majesty was pleased to approve of his
Opinion; and said, He would expect the Dispensation; and did thereupon afterwards send Mr. Andrewes to Rome, to hasten it. And the next Day the
said Earl dealt very roundly with the Condes of Olivares and Gondomar; telling them, it was a discourteous Manner of proceeding, to press His Majesty
beyond the Conditions which had been formerly
agreed upon in Point of Religion, and to make His
Condition the worse for the great Obligation He had
put upon them by putting Himself into their Hands;
whereat they took such Offence, that they estranged
themselves from him for a long Time after. And
that the said Earl did thus proceed with the Condes,
and that this is not a new-framed Answer, to satisfy
the present Objection, but that which really and indeed passed, will appear by his Dispatches, sent unto
His late Majesty, of Blessed Memory, before His Majesty that now is came out of Spaine, and were first
there shewed unto His Majesty, bearing Date the 9th
of September 1622; so that, although it be true that
the said Earl did not dissuade His Majesty (for that
there was no Cause for it), yet, without expecting
His Majesty's Answer, he first made a true and clear
Profession of his own Religion; and when His Majesty had declared unto him His Zeal and Constancy,
he humbly besought Him that the Spaniards might
not, for any Respect, be longer held in any Hopes
in that Point. And because (fn. *) the Point of Religion
is that which all Men of Honour and Honesty should
chiesly desire to clear, especially having Imputations
of that Nature laid upon them as the said Earl hath
in the said Article; he humbly beseecheth your
Lordships that he may not seem to digress from his
Charge, in tendring to your Lordships Satisfaction
in that Particular, not by the foresaid verbal Discourse only (which (fn. *) he protesteth was with much
Zeal to Religion, and dutiful Care to the Prince in
that Kind), but by some written Testimony of his
former Opinion both of the Match and Religion,
when he was first employed into Spaine, for the
treating of this Marriage, in the Year 1617. His
late Majesty having commanded him to give Account thereof unto His Majesty that now is; he, at
his Departure towards Spaine, presumed to give unto
His Majesty his Opinion in Writing, signed with his
own Hand, to be kept as a Testimony of his future
Actions. The Copy whereof is this which followeth:
"Sir,
"The Opinion which I have ever presumed humbly
to offer to His Majesty, concerning your Highness's
Marriage, hath been, that, both in regard of Conscience, Satisfaction to His Majesty's People and
Allies, as likewise for the Security and Quiet of His
Majesty's Estates, that your Highness might take to
Wife some Protestant Princess, although she were
neither Daughter to a King, nor had so ample Portion as might relieve the King's present Necessities;
for that there might be many Ways found for the
helping of the King's Wants, either by some few
Years Providence and Frugality, or by winning of
the Affections of the People to the supplying of His
Majesty by Way of Subsidies in Parliament; whereas, contrariwise, if the Number and Power of the
Papists shall be increased, as undoubtedly it will by
your Highness's matching with any Catholick Princess
whatsoever, through the Commerce which must be of
Necessity for the Exercise of her Religion, for herself and Family, within your Highness's Court, and
thereby by Degrees those Two different Religions shall
grow to an Equality of Power; it will be of great Hazard and Disquiet to the State, and not to be redressed
without greater Danger and Courses of Violence, than
is proper or usual for this State to put in Practice. But,
in Case His Majesty, out of His Wisdom and Considerations best known unto Himself, hold it fittest
that your Highness match with Fraunce or Spaine, or
any other Catholick, either for that the present
Time assordeth no Protestant Princess, who is for
Years or Blood suitable to your Highness, or that
can in any considerable Measure, by her Portion,
supply His Majesty's present Wants; I then conceive that the Match by which this State shall suffer
least Inconveniencies and Cumbers, and whereby His
Majesty's Necessities shall, by the Greatness of the
Portion, be the most relieved, is with Spaine; if
such a Match may be made with such Conditions of
Religion as other Catholick Princes will content themselves withall. Thus much I thought fit humbly to
present unto your Highness, for that I see my Employment is liable to the Censure of many worthy
and religious Men; with whom though I concur in
my Opinion, yet I seem much to differ from them in
my Ways; for that it is more proper for me to be
true to my Master's Ends and Service, than, by declaring this, to procure their Satisfaction. Only to
your Highness I thought fit to make this Declaration,
and shall be a Suitor unto you for your Favour, as
you shall see me really labour to put this in Effect.
And if His Majesty shall, either by the Motion of
Parliament, or any other Proposition which may
be made unto Him, think it fit to proceed with a Protestant Match, as I shall wish as well unto it as any
Man living; so I hope in such sort to manage the
present Business that I have in Hand, as it shall rather
much further than any Way cross or hinder it. But,
in Case His Majesty shall not be drawn to hearken
to any Proposition for a Protestant Match, I then
conceive that your Highness both doth and will approve, that I really and effectually labour to procure
a Match for your Highness with Spaine, upon such
Conditions, in Point of Religion and Portion, as to
His Majesty shall seem fit.
"Besides which Declaration of his Opinion, he hath
all the Days of his Life, and (fn. *) in all Places, lived
and avowed himself a Protestant, never having done
the least Act that was not suitable to the same Profession; and that, in all his Foreign Employments,
for the Space of Fourteen Years, of more than Five
Hundred Persons of all Qualities that have attended
him, there was never any one perverted in his Religion, save Two Irish Footmen, who in Ireland had
been bred Papists; and he humbly desireth the Testimony of Doctor Mawe and Doctor Wrenne, His Majesty's Chaplains, who were with His Majesty in
Spaine, and of Mr. Sampford, one of the Prebends of
Canterbury, Mr. Boswell, Parson of St. Lawrence in
London, and Mr. Frewen, Divinity Reader in Magdalen College in Oxford, and now one of His Majesty's
Chaplains, who were His Chaplains in Spaine, as
well for the frequent Use of the Sacrament, as constant Profession and Exercises of Religion; and the
Testimony also of such Catholicks as are known to
have been his ancient Acquaintance and Friends; and
to examine them upon Oath, whether, either publicly
or privately, in Spaine or in England, they have
known him in any Kind to make Shew, or so much as
forbear upon all Occasions avowedly to declare the
Religion that he professeth; and that the said Mr.
Frewen, and Mr. Wake, his now Chaplain, may be
also examined, whether, in Extremity of several Sicknesses whereunto he hath of late Years falien, he
hath not ever settled his Conscience with them towards
God, and made a Confestion of his Faith, resolving
as befitted a Protestant and a good Christian.
Concerning his exaggerating the Advantages of the Roman Religion
"8. To the Eighth Article, the said Earl saith,
That he did not at any Time, or in any Place, endeavour to persuade the Prince to change his Religion, and to become a Romish Catholick, or to be
obedient to the usurped Authority of the Pope of
Rome; neither did the said Earl, to that End or Purpose, or otherwise, use unto His Majesty, then Prince,
the Words in the Article mentioned; videlicet, That
the State of England did never any great Thing but
when they were under the Obedience of the Pope of
Rome, and that it was impossible they should do any
Thing of Note otherwise, as in the said Article is
charged; but the said Earl acknowledgeth that,
upon Occasion of a Letter which came to His Majesty, then Prince, putting His Majesty in Mind of
the great Actions of His Royal Progenitors in the
Holy Wars; and that the great Kings of those
Times did not only employ Their Forces, but in Their
Persons went into the Holy Land; the Earl believeth,
that, by Way of Discourse only, and not otherwise, he
may have said that, in regard of the Difference of
Religion, it were of more Difficulty to undertake
such great Actions now than in former Ages; and it
might well be instanced in the present Treaty of
Marriage, wherein the Pope's Consent was to be obtained; and to this Effect, and upon the like Grounds,
he is confident there are very many that have, nay
few of Nearness about His late Majesty that have
not, often heard His Majesty say, That He was the
true Martyr, that suffered more for His Religion than
all the Princes of Christendom besides; instancing in
divers Particulars; but especially in that He could
not match His Children with Kings of His own Rank,
without the Pope's Leave. But the said Earl saith,
That he never alledged any such Thing, to other
Purpose than to shew that only Conscience and Love
to Truth (in which regard Protestants suffered much),
and not any Temporal Respects, made us constant
and zealous to the Profession of our Religion. By
which Discourses he ever attributed much to the Honour and Sincerity of (fn. *) the Protestant Religion; but
never used it as an Argument to persuade, as in the
Accusation is insinuated. Besides, he conceiveth that,
by Way of Answer thereunto, the same Question may
be asked, which His Majesty was pleased to ask of the
said Earl in the Seventh Article; videlicet, What the
said Earl saw in His Majesty, that he should think
Him so unworthy as to change His Religion, for a
Wife, or any Earthly Respect whatsoever? So why
should it be thought that the becoming more fit to
undertake great Actions in the World (being a
mere Moral and Temporal Respect) should be an Argument to persuade in Conscience so religious and
wise a Prince, and so well instructed as His Majesty
is, as though the Soul of a Christian Prince were to
be wrought upon, in Point of Truth and Belief, by
Temporal and Worldly Respects of Conveniences and
Greatness? It were necessary, for the proving of this
Assertion that the said Earl persuaded His Majesty
touching His Religion, to produce some Arguments
that he used out of Scripture, to satisfy Him in Point
of Conscience, in some Tenet of the Roman Church,
or that he procured any Conference with learned
Men for His Satisfaction in Point of Religion; otherwise the Argument used in this Article, against the
said Earl, doth, as he conceiveth, carry little Strength
to prove the Charge of persuading of His Majesty,
either in regard of itself, or indeed in regard of
His Majesty's Piety.
Concerning his advising the Count Palatine's Son being brought up at the Emperor's Court.
"To the Ninth Article the said Earl faith, That
there was a Discourse in Spaine of the Way of accommodating of the Prince Palatine's Affairs; and by
way of Discourse, it was moved, that the Marriage
of his Eldest Son with a Daughter of the Emperor,
and his Son to be bred in the Emperor's Court, would
be the fairest Way for the pacifying of and accommodating of those Businesses; and the Earl, by way of
such Discourse, and not otherwise, did say, that he
thought His late Majesty would not be averse, either
to the said Match or to the breeding of the Prince
Palatine's Son with the Emperor, so as thereby the
whole Patrimonial Estate of the Prince Palatine, with
the Dignity Electoral, might be fully restored; and
that his Son might be bred in his own Religion, and
have such Preceptors and such a Family as His late
Majesty (fn. *) and his Father (meaning the Prince Palatine) should appoint; and they to have free Exercise
of their Religion, for so His late Majesty had often
declared Himself to the said Earl, and wished him to
lay Hold of any Occasion for the entertaining of any
such Proposition; and otherwise than so, and upon the
Terms aforesaid, and by that Way of Conference
and Discourse only, he delivered not any Opinion
to His Majesty, at His Majesty's being in Spaine;
for the said Earl is very confident, that His Majesty
was returned out of Spaine before any Proposition made
for the said Marriage, other than by Way of Discourse as aforesaid; the same, as the said (fn. †) Earl believeth, being first moved and debated on by way of
Proposition here in England, betwixt Mr. Secretary
Calvert, and the Ambassador of the King of Spaine,
about the Second of October 1623. And His late Majesty, upon a Relation made unto Him by a Letter of
Mr. Secretary Calverts, approved of the Proposition,
and declared the same to be the only Way, as he supposed, with Honour to accommodate those great Businesses; and wrote (fn. †) to that Purpose to his Son-inlaw the Prince Palatine, by His Letters dated the 19th
Day of November 1623; a Copy of which Letter, together with a Copy of Mr. Secretary Calvert's Relation, the Lord Conwaye, by His late Majesty's Commandment, sent unto the said Earl; the Tenor of
which Letter, translated out of French, is as followeth:
"We have thought good that the Way to provide
best and most soundly for your Affairs, and not only to
procure but assure also your Peace, was to cut up by
the very Roots that Evil which hath been settled in
the Heart of the Emperor, by the great Displeasure
and Enmity which He hath conceived against you; for
the removing and quite extinguishing of which, it
seemeth to Us no better or more powerful Means
can be used than that of a good Alliance, which
may be proposed by Us, between your Eldest Son and
the Daughter of the said Emperor, upon the Assurance We have, that We shall not be refused in this
Overture, if you on your Part will give your Consent;
and for the more Surety of the good Success thereof,
We are determined, before any such Proposition be
made unto the Emperor, to interest the King of Spaine
with Us in the Business; who (We trust) will lend Us
His helping Hand, as well for the effecting and bringing of it to a good Conclusion, as in procuring likewise (fn. *) the Conditions. If it happen that the Emperor should demand that your said Son, during his
Minority, should be brought up in His Court, We
shall tell you that We, for Our Part, see no Reason
why you should stick at it, upon such Conditions as
he might be tied unto; to wit, that the young Prince
should have there with him such a Governor as you
shall please to appoint him, although he be no Roman
Catholick; and that neither he, nor any of his, should
be any way forced in Matter of their Conscience.
And Our Meaning is, so to order Our Proceedings in
this Treaty, that, before your said Son be put into
the Hands of the Emperor, We will have (fn. †) a clear and
certain Assurance of an honourable, entire, and punctual Restitution of all whatsoever belongeth unto you;
as also We will take Care to provide accordingly as
fully and exactly for the Assurances requisite for the
Liberty of Conscience of him and his Domesticks,
as they have done here with Us touching those which
have been granted them for the Infanta. And therefore, seeing no Inconveniency at all that may cause
your Averseness or Backwardness in this Business,
which We for our Parts think to be the best, shortest,
and most honourable Way that you can take for the
compassing of the entire Restitution, and making your
Peace ever with the Emperor; We hope your Opinion
will concur with Ours therein, and shall intreat you
by the first to send Us your Allowance.
"By which Letter, written after His Majesty's coming out of Spaine, it appeareth unto your Lordships,
that there was no Proposition of the Marriage betwixt
the Son of the Prince Palatine and the Emperor's
Daughter when that Letter was written; for therein
His Majesty faith, He was determined to interest the
King of Spaine in the Business, before any such Proposition should be made to the Emperor; and it will
also thereby appear what His late Majesty's Opinion
was of the Conveniency thereof; which the said
Earl hopeth will acquit him, if, by Way of Discourse
only, he declared what he knew was His Majesty's
Inclination, which with Honesty he could not have
concealed. And the said Earl saith, That he doth not
remember what Answer Sir Walter Aston made upon
that Discourse, which he then delivered, nor what
Replies the said Earl made; but sure he is, that
whatsoever the said Earl said, or what Answers of
Replies soever were made, as it was by Way of Discourse, and not otherwise, so it was according to that
which he then truly conceived to be the best and easiest Way to accommodate the Business, and to be his
Master's Pleasure, which the said Sir Walter Aston
might be ignorant of, as he is confident he was; and
not out of any Disaffection to our Religion, or for any
sinister Respect or Regard to the House of Austria, as
by the said Articles is intimated; for he did not conceive the breeding of the Prince Palatine's Son with
the Emperor, having a Governor appointed by His
late Majesty and his Father, and he and his Domesticks to have free Use of their own Religion, to be
a Matter of Impossibility, or of such dangerous Consequence in Point of Religion as to imply his Conversion, as by the Article is intimated; well knowing that,
in the Emperor's Court, all Princes there, though His
Prisoners, and other His Counsellors and Servants
about His Person, and of great Command in His
Armies, being avowed Protestants, have the free Use
of their Religion; and it is not to be supposed that the
Son of the Prince Palatine, Grandchild to the King of
Greate Brittainc, should be matched, and not Care had
to capitulate for the Use of his Religion, being ever
granted to the meanest Princess that is bestowed; and
His Majesty's special Care in this Point is fully seen in
the said Letter.
Concerning his breaking his Instructions, by fixing a Day for the Desposorios.
"To the Tenth Article, wherein the said Earl is
charged to have presumptuously broken his Instructions, in setting a Day for the Desposorios, before
he had Assurance that a Monastery should not rob
the Prince of His Wife, and before a full Conclusion
were had of the other Treaty of the Palatinate, together with that of the Marriage, the same being
supposed to be done contrary to the Prince's Commandment, by a Letter from Segovia, and several Letters from His late Majesty, tying him to the same Restrictions; and that the said Earl himself had so consessed, with Promise of Obedience thereunto; and by
Way of Aggravation is further charged, that he had
set so short a Day for the said Desposorios, that,
without extraordinary Diligence, the Prince might
have been bound, yet neither sure of a Wife, nor
the Prince Palatine of any Restitution, nor any Assurance given of the Temporal Articles: He saith, That,
by comparing this Article of his too much Forwardness with the Second Article, whereby he is charged
with continuing the Treaties upon Generalities without reducing them to Certainties and direct Conclusions; your Lordships will perceive how impossible it
was for him to avoid an Exception; but, for direct
Answer to the present Charge, he saith, That he did
not presumptuously, nor to his yet Knowledge, break
his Instructions, nor set any Day at all for the Desposorios, but was therein merely passive, in admitting the Day nominated by the King of Spaine, according to the Capitulation long before made; nor did
he, presumptuously, wittingly, or willingly, disobey
any Commandment or Direction of His late Majesty,
or His Majesty that now is, then Prince, which he
could understand not to be countermanded, or by
precedent or future Instructions otherwise explained.
And, for the better Manifestation of the Truth of his
Proceedings in and concerning the same, he saith,
That the Day of the Departure of His Majesty,
then Prince, from The Escuriall, in Spaine, His Highness delivered unto him, in the Presence of the Commissioners on both Sides, his Powers, with Public
Declaration taken in Writing by Cirica, Secretary to
the King of Spaine, of the Prince's Pleasure, and how
he the said Earl should use them; videlicet, That he
should deliver them unto the King of Spaine, upon
the coming of the Dispensation cleared from Rome,
according to that which had been agreed; which was
to be within Ten Days after the coming of the said
Dispensation. And he further saith, It is true that
the Prince afterwards, by his Letters sent by one Mr.
Clarke, commanded him the said Earl not to deliver
the said Powers till he should have received Security that the Infanta, after her being betrothed,
should not enter into any Religious Order; and that,
before he proceeded, he should sent unto His Majesty
(then Prince) such Security as should be offered, that
he might judge whether it were sufficient or not;
whereupon the said Earl (as became a faithful Servant) presented unto His late Majesty and His Majesty
that now is (then Prince) such Assurances as were
offered unto him for securing of that Point, together
with such Reasons as he conceived were fit to be offered to Their Considerations; which gave unto His
late Majesty and His Majesty that now is (then
Prince) such Satisfaction, as They were pleased to dispatch a Post presently unto him, absolutely discharging him of that Commandment, as by Their several
Letters, dated the 8th of October 1623, will appear;
that of His late Majesty being as followeth:
"We have received yours, brought us by Greslye, and
the Copy of that to Our dear Son. And We cannot
forbear to let you know how well We esteem the dutiful, discreet, and judicial Relation and humble Advice to Ourself and Our Son; whereupon having
ripely deliberated with Ourself, and communicated
with Our Dear Son, We have resolved, with the
Good-liking (fn. *) of Our Son, to rest upon that Security
in Point of Doubt for the Infanta's taking a Religious
Order, which you, in your Judgement, shall think meet.
"And that other Letter of His Majesty that now is
(then Prince) as followeth: videlicet,
"Your Letters to the King and me, concerning the
Doubt I made after I came from Saint Lawrence, hath
so satisfied Us both, that We think it fit no longer to
stick upon it; but leave it to your Discretion, to what
Security you shall think sufficient.
"Whereby he was absolutely freed of that Commandment; and being so freed thereof, he then remained under the Order which His Majesty, then
Prince, had left with him at His Departure; which
was, to proceed, according to the Capitulations, and
his Highness's Declaration when he delivered the said
Powers to him; and so he intended to have done, till,
by his Highness's Declaration of the 13th of November 1623, he was directly commanded the contrary;
which Commandment he really and punctually obeyed;
and for such his Intention, till he was so countermanded, he conceived he had not only sufficient Warrant, but had highly offended if he had done otherwise; for First, for his proceeding to consummate
the Match, he had Warrant and Instruction, under His
late Majesty's Hand; Secondly, it was the main Scope
of his Embassage; Thirdly, he was enjoined to it by
the King and Prince's Commission, under Their Great
Seals; Fourthly, he had positive Order, under His
late Majesty's Hand, by Letters since; Fifthly, it was
agreed by Capitulation, that it should be within Ten
Days after the coming of the Dispensation; Sixthly,
His late Majesty and His Majesty that now is (then
Prince) signified unto him, by Their Letters, at the
same Time when They discharged him of his Commandment touching the Infanta's entering into Religion, that They intended to proceed in the Marriage,
as by His Majesty's Letter, of the Eighth of October
1623, will appear; Seventhly, the Powers were to
that End left in his Hands, and after again renewed
after His Majesty's Return into England; Eighthly,
he had overthrown the Marriage without Order;
for, although Sir Walter Aston and himself used all
possible Means for the gaining of Time, and deferring
of the Desposorios, yet the King of Spaine caused it
formally to be protested, That, in Case he the said
Earl should insist upon the deferring of the Desposorios, He would hold himself freed from the
Treaty, by the said Earl's enfringing of the Capitulations; and in Truth, although the King of Spaine
should have condescended to have prorogued the Desposorios until one of the Days of Christmas, as by the
Letter (which is by the Article acknowledged to be
mistaken) was required, yet the Prince's Powers had
before that Time been expired; Ninthly, he durst not,
without a precise Warrant, put such a Scorn upon
so Noble a Lady, whom he then conceived likely to
have been the Prince's Wife, as to nominate a Day
for her Marriage, when the Powers were out of Date;
Tenthly, he was himself sworn to the Treaty; and
lastly, he could not, in Honour and Honesty, but endeavour to perform that Public Trust reposed in him
when the Powers were deposited in his Hands; with
Public and Legal Declaration, taken into an Instrument by the Secretary of State to the King of Spaine,
leading and directing the Use of them, and the same
being then Instrumentum Stipulatum, wherein as well
the King of Spaine was interested by the Acceptation
of the Substitution, as the Prince by the granting of
the Powers, he could not in Honesty fail that Public
Trust, without clear and undoubted Warrant; which
as soon as he had he obeyed; so as, the Case standing
thus, the said Earl is very confident, that the supposed Countermands or Directions of Restrictions,
when they shall be perused and considered of, will
appear to have been very slender and insufficient Warrant against the aforesaid Orders and Reasons herein
before specified; and is also as confident, that what
is assumed out of the said Earl's Dispatches will also
appear to be misunderstood; and that, if he had proceeded to the Execution of the Desposorios before
he received direct and express Commandment to the
contrary by the foresaid Letter of the 13th of November 1623 (which he readily and punctually obeyed), he had not (under Favour) broken his Instructions, nor deserved any Blame for Lack of Assurance
of Restitution of the Palatinate or Temporal Articles:
And first, of the Palatinate, His Majesty did not send
unto the said Earl express Direction not to dispatch
the Desposorios until a full Conclusion be had of
the other Treaty of the Palatinate together with that
of the Marriage, as by the said Article is alledged;
only His late Majesty, by the foresaid Letters of the
8th of October, required the said Earl so to endeavour
that His Majesty might have the Joy of both at
Christmas; whereas his Instructions, of the Fourteenth
of March 1621, were express, that he should not
make the Business of the Palatinate a Condition of the
Marriage; and His late Majesty's Letters, of the 30th
of December 1623, were fully to the same Effect: Yet
did the said Earl, according to what was intimated by
the said Letters of the 8th of October, so carefully
provide therein, as that, before the Powers were to
have been executed, he had an absolute Answer in
the Business of the Palatinate, that the same should
be really restored, according to His late Majesty's
Desire; and the Conde De Olivares, both in his Master's Name and his own, desired the said Earl and
Sir Walter Aston, that they would assure His Majesty
of the real Performance thereof, and entreated them,
if Need were, they should engage their Honours and
Lives for it, as by their joint Dispatch, of the 23d
of November 1623, will appear; and so much the
said Sir Walter Aston and the said Earl agreed should
be delivered to them in Writing, before they would
have delivered the Powers, and so the said Earl declared it; the which Answer in Writing should have
been the same which since was given them, of the
8th of January 1623; and both Sir Walter Aston and
the said Earl were so confident therein, as they by
their said Letters of the 23d of November wrote to
His late Majesty as followeth: videlicet,
"That His Majesty might, according to His Desire,
signified to the said Earl by His Letters of the 8th of
October, give as well to His Majesty's Daughter, that
Christmas, the comfortable News of the near expiring
of her great Troubles and Sufferings, as to His Son
the Prince the Congratulation of being married to a
most Worthy and most Excellent Princess.
"By which it will evidently appear he meant not to
leave the Business of the Palatinate loose, when he
intended to proceed to the Marriage; but he consesseth he was ever of Opinion, the best Pawn and
Assurance His late Majesty could have of the real
Proceeding in the said Business of the Palatinate was,
that they proceeded really to the effecting of the
Match; and of the same Opinion was His late Majesty also, and the Lords Commissioners here in England, as appeareth by his Instructions, dated the 14th
of March 1621; which Opinion still continued in
them, as appeareth by His late Majesty's Letters of
the Seventh of January 1622. And as for and concerning the Temporal Articles, the said Earl faith,
when the Desposorios were formerly appointed to
have been (as he remembereth) on Friday the 29th
of August, before the Departure of His Majesty
(then Prince) out of Spaine (which was only hindered
by (fn. *) the not coming of the Dispensation), the Prince
appointed him and Sir Walter Aston to meet with the
Spanish Commissioners; and they drew up the Heads
of the Temporal Articles, wherewith the Prince and
Duke of Buckingham were acquainted; and, in Case
the Dispensation had come, and the Desposorios
been performed on that Day, there had then no other
Provision been made for them before the Marriage:
But, presently upon the Prince's Departure, he the
said Earl caused them to be drawn into Form, and sent
them to His late Majesty the 27th of September 1623;
desiring to understand His Majesty's Pleasure with all
Speed, especially if He disapproved any Thing in
them; but never received Notice of any Dislike
thereof until the aforesaid Letters of the 13th of
November 1623, which put off the Desposorios; so
as it appeareth the said Earl was so far from breaking
his Instructions, or from having any Intention to have
proceeded to the Execution of the Desposorios before
His Majesty and Prince were satisfied in the Point of
the Infanta's entering into Religion, or before convenient Assurance as well for the Restitution of the
Palatinate as for Performance of the Temporal Articles, that he deserved, as he conceiveth (under Favour), no Blame, so much as in Intention; but, if he
had erred in Intention only, as he did not, and the
same never reduced into Act, the Fault: (as he conceiveth) was removed, by his Obedience before the
Intention put in Execution, for so it is in Cases
towards God Himself: And as to the Matter of
Aggravation against him, that he appointed so
short a Day for the Desposorios, as that, without
extraordinary Diligence, the Prince had been
bound; he thereto faith, as before, that he set no
Day at all thereto, nor could defer it, after the Dispensation came from Rome, without a direct Breach of
the March so long laboured in, and so much desired;
yet he and Sir Walter Aston used all possible Industry
to discover how the Motion of deferring the Match
would be taken: And finding an absolute Resolution
in the King of Spaine to proceed punctually in requiring the Powers, according to the Capitulations,
within Ten Days after the coming of the Dispensation; and at that Time also getting Advertisement
from Rome that the Dispensation was granted, and
would presently be there; he the said Earl (to the
End that, in so great a Case, he might have a clear and
undoubted Understanding of His late Majesty's Pleasure) sent a Dispatch of Primo Novembris, with all
Diligence, to His Majesty, letting His Majesty know,
that it would not be possible for him to protract the
Marriage above Twenty-four Days, unless he should
hazard the breaking of it, for which he had no
Warrant: But, that this was no new Resolution, nor
the King so Streightened in Time as by the said Article is pretended, will appear by the said Earl's Dispatch of 24th September 1623; in which, upon the
Scruple that was then made of the Infanta's entering
into Religion, he wrote to the same Effect: videlicet,
That, if the Dispensation should come, he knew no
Means how to detain the Powers above Twenty
or Twenty-four Days; so that, although that Difficulty happened not until about the Middle of
November 1623, yet it was foreseen that it must of
Necessity happen whensoever the Dispensation should
come; and there was Warning of Two Months Time
given thereof; videlicet, from the 24th of September,
till the 29th of November, which was the Time appointed for the Desposorios; so as he most humbly
submitteth himself to your Lordships which of the
Two Ways was the safer, and more dutiful, for him
to take; whether, upon Inference and Conjectures,
to have overthrown so great a Business; or, on the
other Side, First, to have presented to His Majesty
with Truth and Sincerity (as he did), the true State
of His Affairs, with his humble Opinion therein,
with an Intimation, that, if His Majesty should resolve to break the Match, that for the said Earl's
honest Discharge of the Public Trust reposed in him
when the Powers were deposited in his Hands, and
for his sufficient Warrant in so great a Cause, His
Majesty would be graciously pleased to give him
clear and express Order (which he then had not);
and in the Interim, whilst His Majesty might take
into Consideration the great Inconveniences that
might ensue, the said Inconveniences might be suspended, and the Business kept upon fair Terms, that
His Majesty might have His Way and Choice clear and
unfoiled before Him; and as for the evil Consequences which are pretended would have followed, if
the said Earl had proceeded to the Consummation of
the Match before he had express Warrant to the contrary, [ (fn. *) he must and doth confess] he then understood the clean contrary; for he supposed that His
Majesty should have speedily seen the Marriage
(which He had so long sought) effected; that the
Prince should have had a worthy Lady, whom He
loved; that the Portion was much greater than was
ever given in Money in Christendom; that the
King of Spaine had engaged Himself for the Restitution of the Palatinate; for which the said Earl
conceived a Daughter of Spaine and Two Millions
had been no ill Pawn, besides divers other Additions
of Advantage to the Crown of England: whereas,
on the contrary Side, he foresaw the Prince would
be kept a Year at the least longer unmarried, a Thing
that so highly concerned these Kingdoms; he doubted
that the Recovery of the Palatinate from the Emperor and Duke of Bavaria by Force would prove
of great Difficulty, and that Christendom was like
to fall in a general Combustion; so desiring that
His Majesty should have obtained His Ends, and
have had the Honour and Happiness not only to have
given Peace, Plenty, and Increase to His own Subjects and Crowns, but to have compounded the greatest Differences that had been these many Years in
Christendom, and by His Piety and Wisdom to have
prevented the Shedding of so much Christian Blood
as he feared would ensue if these Businesses were disordered; these Reasons, he confesseth, and the Zeal
unto His Majesty's Service, made him so earnestly
desire the effecting of this Business; and cannot but
think himself an unfortunate Man, that, His Majesty's Affairs being so near the settling to His Majesty's Content as he conceived they were, and hoping
to have been to his Master not only a faithful but a
successful Servant, to see the whole State of Affairs
turned upside down, without any the least (fn. †) Fault of
his; and yet he the only Minister, on the English or
Spanish Side, that remaineth under Disgrace.
Concerning his preferring a scandalous Petition to the House, to the Dishonour of the late King and His present Majesty.
"To the Eleventh Article the said Earl saith, That
the said Article is grounded upon a Petition by him
preferred to this most Honourable House, supposed
to be scandalous; which your Lordships (as he conceiveth), according to the Custom (fn. *) and Privileges of
the House of Peers, would have been pleased first to have
adjudged so to have been, either for Matter appearing
in itself, or upon hearing of the said Earl; for, if the
Matter appearing in the Petition itself be not excepted
unto, it cannot (as he conceiveth), by collateral Averment, be taken for a Scandal, till it be examined and
found false. But, for a plain and direct Answer
thereunto, he saith, That the said Petition doth not
warrant any such Inference as by the said Article is
enforced; and that he hopeth to justify the Contents of his said Petition, in such sort as shall not
displease His Majesty, nor deserve that Expression
which is used in the Charge; but, contrarily, what
he hath said, or shall say, therein, in his Defence,
shall in all Things tend to the Honour or Service of
His most Royal Majesty, by reducing unto His Memory divers Circumstances, and laying before Him
the Passages of divers Particulars, which, by undue
Practices, have been either concealed from His Majesty or misrelated unto him.
"Having thus offered unto this High and Honourable Court such Proofs and Reasons as (he hopeth)
shall, in your Lordships Wisdoms and Justice, clearly
acquit him of any Capital Crime, or wilful Offence;
if it shall appear, out of Error of Judgement, too
much Fervency of Zeal to His Majesty's Service, or
Ignorance in the Laws of the Realm (wherewith he
hath not been (fn. *) able to be so well acquainted as he
ought, by reason of his Foreign Employments by the
Space of Fourteen Years), or by any other Ways
or Means, he hath fallen into the Danger of the
Laws for any Thing pardoned by the General Pardon made in the Parliament holden at Westm. in the
Year of the Reign of our late Sovereign Lord King
James, of England, etc. of Blessed Memory, the
One and Twentieth; he humbly prayeth Allowance
of the said Pardon, and the Benefit thereof; with
this, that he doth and will approve that he is none
of the Persons excepted out of the same; although
he is very confident that he shall not need the Help of
any Pardon, having received several Significations,
as well from His Majesty's own Mouth, that he had
never offended His Majesty, as lately by several
Letters from the Lord Conwaye, that he might rest in
the Security he was, and sit still, and should not be further questioned. But he hopeth your Lordships will not
only find him so free from Blame that he shall need
no Pardon, but that he hath served His late Majesty,
of Blessed Memory, and His most Gracious Sovereign the King's Majesty that now is, with that Fidelity, Care, and Industry, that your Lordships will
take such Course as you, in your Wisdoms, shall
think fit, not only for upholding of the Honour and
Reputation of a Peer of this Realm, after so many
Employments; but will likewise become humble and
earnest Suitors to His Majesty, on his Behalf (which
he humbly prayeth), that he may be restored to His
Majesty's Gracious Favour, which above all Worldly
Things he most desireth."
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens
Parliamentum continuandum esse usque in diem crastinum, videlicet, 20m diem instantis Maii, hora nona, Dominis sic decernentibus.