to religion, and too much affection to Spain; | ships, whom I see there in my eye. This I did which, if I shall clear, the inference grounded in Spain; the like I did in Germany, in the upon these props, will fail of itself.-Therefore emperor's courts, in my amb ssage thither. I crave leave of your lordships, before I give my Answer to the Charge, that I may give you an account of these two particulars; and I humbly beseech you, that what I shall speak in my just detence, may not be conceived to proceed of vain ostentation. Fifthly, I had in my several employments into Spain and Germany, above 500 persons of all qualities attending upon me, and never one perverted in religion: my children carefully instructed and bred in the same religion. I had constantly every sabbath a sermon in my house; and sacraments, and other exercises of our religion frequented. "Sixthly, a foul-mouthed Shimei railed against our late king and religion in Spain; how I caused that to be revenged by a near kinsman of my own, is well known. "And first for Religion, I was in my childhood bred in the Protestant religion, and rather after the stricter manner than otherwise. When I grew in years fit, I travelled into France, Italy, and Rome itself: In all which travels, I can produce some that I consorted withal, who will witness with me, that I ever "Seventhly, one of the English dying in constantly used the religion I professed, with- the town of Madrid, of whose religion there out the least prevarication; no man being able was some question made; and the king's chapto charge me, that so much as out of curiosity Ilains telling me, that they at the day of his ever was present at any of the exercises belong-death had been with him, and taken an acing to the Roman religion, or did the least act of conformity to any their rites or ceremonies. "Secondly, after my return home, I was received into the service of his late majesty of blessed memory, whom I served some years as a gentleman of his privy chamber, and carver; in which time, none of his majesty's servants received the Holy Sacrament, frequented sermons, and other exercises of our religion more than I. "Thirdly, in that time of my youth, not to avoid idleness, but out of affection to religion, I translated that excellent Book of our faith, and great points of our religion, written by Mr. Moulins; which his late majesty having sometimes after seen, approved so well, that he would needs have it printed; which accordingly was printed in the name of Mr. Sampford my chaplain, to whom I gave the honours: But it was my own act, as Mr. Sampford will not deny, though, to this hour, I had never before spoken it. count of his faith, and that he died a Protestant: I caused him to be brought home to my house, and there buried according to our rites; whereat much ado was made, and it was threatened, that the inquisitors and other officers, would come and fetch him out, and bury him after their manner: I stood upon it, and that it was the king of England's house, and openly protested, that whosoever should come thither with such intent, I would shoot at him with a piece; and exhorted all my people, that if such an attempt should be, they should, rather than suffer such a dishonour to our religion, die with me in that quarrel, and hoped such English as were in the town would do the like. "Eighthly, There having been a monastery for English Jesuits, founded and settled at Madrid before my coming thither, and the English arms set up, I laboured to suppress it, and having written thereof to the late king, his majesty advised me not to run my head against the rock, for it was an impossible thing for me to do: yet I undertook it, and it pleased God so to bless my endeavours, that I absolutely dissolved and overthrew it. For which, the bishop of Winchester, Montague, (now with God) wrote unto me by his majesty's direction, a letter of his majesty's gracious acceptance of so great a service: telling me, besides the service I had done to the church and commonwealth, it should remain a trophy of honour to me and my posterity for ever: and the king himself, with his own hand, wrote unto me, beginning his Letter, Good fortune Digby, your good luck in your service well "Fourthly, about seven or eight and twenty years of my age, I was employed ambassador into Spain, in that great business of the Treaty of the Marrriage; and whereas others before me carried with them but one chaplain, I had two, viz. Mr. Sampford and Mr. Boswel; and at my arrival at the court of Spain, I caused it to be published, that such a day (God willing) I purposed to have a communion, to the end that such English as were in the town, might resort thither. Whereat the duke de Lerma, and other the great ministers of Spain, took offence, and told me, they might well perceive, I brought no good affection to the business I came about, that would so publicly and avowedly in that court, where never the like was done, pro- "Ninthly, In all negotiations in Spain, in claim there a communion; and with high ex-point of religion, I ever straitened my Instrucpressions persuaded me to decline it. Whereunto I answered, I came to do my master's service, which I would heartily and effectually endeavour, but would not omit my service to God, no, though my master commanded. And at the communion there were present 100 persons, some of them brothers, kinsmen, and near dependants upon some of their lord deserves that stile.' tions. "Tenthly, The Match with Spain was not moved by me, I ever advised a Protestant Match, and shewed many reasons both of conscience and state; but if with a Catholic, then rather with Spain than France, so as good conditions might be made for religion, as appears by a letter I wrote, and delivered to the prince at his first going upon the employment; for which I had like then to have been ruined for being a Puritan, as I am now for being a Papist, and all by one and the same hand. "There was not a port in Spain, that I had not caused the depth of it to be sounded, nor a fort whereof I knew not the strength, both for the garrison, munition, and other matters of advantage and disadvantage; insomuch as if it should please the king to appoint a counmittee of the lords to take an account of me, I should, by the stores I gathered there, and brought with me, make it appear, I was as useful a servant to his majesty in a war, as in peace. Whereas at his majesty's coming out Eleventhly, And I appeal to the testimony of Dr. Mason and Dr. Wren, the king's chaplains with me in Spain; and to Mr. Samplord, Mr. Boswel, and Mr. Frewen, my own chaplains there. And that such Papists as have been my ancient acquaintance and friends, being men of worth, well known to many of their lordships, may be examined upon oath, whe-of Spain, the powers of the Desponsories were ther I have not in all places, as well in Spain to be deposited in some man's hand; and the as in England, and at all times upon fit occa- duke upon pretence of doing me honour, but sions, avowed myself a Protestant, without the intending to break my neck by it, moved they least prevarication? Or whether I did ever any might be left with me, and the king of Spain the least act that was not suitable to the same was contented; and so they were put into my profession? And that Mr. Frewen, Mr. Wake, | hands, not as an attorney only for the prince; my own chaplains, may give their testimonies, but the king of Spain having taken the subwhether in the time of several dangerous sick- stitution of them by his secretary of state, en nesses, which I had of late years fallen into, tered in legal foru; whereby that king was I have not in the time of such my sick- then become interested in them by their ocnesses (when no man can be supposed to dis- cupation, as well as the prince by granting semble with the world, being ready to leave it) of them. And becoming the instrumentum made before them a confession of my faith, and stipulatum, wherein they were both interested, made my peace with God, resolving to die as they were deposited into my hands, as an befitted a Protestant and a good Christian. indifferent person, trusted between the king This I tell your lordships, was my religion I of Spain and the prince, with a declaration of was bred in, have ever professed and lived in, the trust. And now the duke was returned and was resolved by God's grace, to die in; out of Spain, he plotted my ruin, and put it in and yet was so unhappy, by reason of employ- execution in this manner. He concealed, that ment, to be distasteful to many good men, that the powers were to expire at Christmas, and I have been suspected even by them, not well procured his majesty to write a letter, (not a knowing me: and this hath been the rise the direct commandment) but expressing a desire, duke hath now taken against me. Then for that the Desponsories should not be till one of my love to Spain, I wonder from whence that the days in Christmas, intending thereby to opinion should grow, since I was there hated draw me into a dilemma, that if I proceeded in and shamed, as the man whom, of all others, the match, this letter should, as now it is, have they desired to have the least to do withal, been inforced against me, as a breach of inhaving stood ever stricter in point of religion, structions: if I had not proceeded, then I had than by my instructions I might have done; as broken my trust between the prince and king of after the capitulation concluded on, they un-Spain, overthrown the Marriage, so long sought derstood by some intelligence, which caused their hatred towards me. "Sure I am, I shewed it not by the service I did them; for divers years together there was not a letter sent by that king to any other state, that the king my master had not a copy of before, or by that time it came to the place whither it was directed. There was not any great action on foot, whereof I had not the private instructions, and sent them thither; not any expedition by sea or land, wherein I had not some ministers or intelligencers, that gave me from time to time advertisements of their actions, and most private intentions, whereof I advertised his majesty from time to time. I used such industry, as to get all the papers of that king's private cabinet into my hands; took copies and notes of such of them as I thought useful; and upon every of them set my private mark before they were conveyed back again, to the end, that if I should have had an occasion to have charged him with any thing mentioned in the same papers, I might have let him see I knew it, by telling him in what paper it was, and marked with such a mark. and laboured, it being the main scope of my ambassage, contrary to express warrant, and that upon a letter I must needs know to be a mistake. And when I had written into England, to have a direct warrant in the point, the duke then seeing that plot would not take, be dealt with divers great lords, as was well known to some of their lordships there present, to have me, upon my arrival in England, committed to the Tower, before I should ever come to speak with the king; which the Spanish ambassador, here in England, having gotten private notice of, gave advertisement thereof to that king: who thereupon foreseeing my danger, and consulting with his council and divines, what were fit for him in honour and conscience to do in that case, they resolved, that seeing my sufferings grew by being an honest man, and endea vouring to perform the trust reposed in me by that king, as well as the prince; that king was bound both in honour and conscience, not only to preserve me from ruin, but to make me reparation for any loss I should sustain by oc casion of the trust: Whereupon, at his depart ure, going to court to take his leave, the conde Olivares told me, what was plotted against me in England; and in respect of the danger, by reason of the greatness of my adversary, persuaded me to stay there, and in his master's name made an offer, not in secret, but in the presence of sir Walter Aston." Here he repeated those offers of reward, honour, and preferment, he then proceeded, and said: "Upon what grounds and hope came I to encounter with those dangers? Not upon hope of my greatness in court, and strength of friends there, to bolster out an ill cause; no sure, my strength was too weak, and my adversaries too powerful. But I knew my conscience was clear, and my cause good, and trusted in God Almighty. And to him now, and to their lordships' judgments, recommend myself, and my cause." THE ANSWER OF THE EARL OF BRISTOL TO THE ARTICLES OF IMPEACHMENT. And then he delivered his ANSWER, desiring their lordships it might be after recorded in parchment, that it might remain to posterity; which being read by one of his council, the Lord Keeper asked him, Whether he desired to say any more than he had done? he answered, That he had something more to say, but knew not the order, or whether Mr. Attorney would speak first; but he being desired to speak, he desired their lordships he might put them in mind of what he conceived they had already premised; which was, That the duke, whom he accused in that house of far higher offences, than any with which he was charged, might be proceeded with as he was, and that they might be upon equal conditions. And that such heads as he had delivered against the duke, being of such matters as he met withal in his negotiation as an ambassador, and which he had, according to his duty, acquainted the state withal, might, by their lordships care and order, be put into legal form, and prosecuted; for so was the use, when he had the honour to sit at the council table. He said, he conceived he had already done his part to inform, and would be ready to make it good, it concerning their lordships to see it prosecuted, it not being to be expected that he should solicit it; or if he would, he could not, being under restraint. And he desired likewise, that the judges might deliver their opinions, Whether the matter charged against him were treason; that if it should not be so in their opinions, he might not lie under so heavy a burden.-He put their lordships in mind, that it was a strange manner of proceeding, that upon a displeasure, a peer of the kingdom complaining of those that had practised against him, and had been the causers of his sufferings, should then, and never but then, be charged with treason. He told them, it was not his case alone, but it equally concerned them, and their posterity, and, it might be, some others hereafter, more than him now. For, he said, he thanked God, he had some experience in the world, and thereby, and by those things he had kept, was able to make his innocency appear, which, perhaps, would not be every man's hereafter; and so many an honest heart in a good cause distracted with fears, and abandoned of friends, might perish through the malice of a potent adversary. The lords again asked him whether he had any thing more to say? he answered, No, but desired leave only to explain himself in two things; one in his speech now spoken, and the other when he was first brought to the house. That in his speech this day, was, where he affirmed, he had like to have been ruined in his negotiation: first, for being a Puritan, and now for being a Papist, and both by one hand; he explained it to be by the hand of the duke of Buckingham. And the other when he first came to the house, saying there, for redress of former sufferings, and meeting on the sudden with treason charged upon him, he spake in passion, expressing the wrongs and injuries done him by the duke; and told their lordships, he had used means to convey part of his sufferings to the late king his master, who, in the duke's hearing, sware he would (after he had heard the duke against him) hear him also against the duke; for which his majesty suffered much, or to some such purpose. Now he understandeth this speech to reflect upon what was in agitation in the lower house; but he said, although he could not well excuse the duke's indiscretion in that point, yet he spake it not any ways to corroborate that opinion; for howsoever the duke were his enemy, yet he could not think so dishonourably of him. The house was pleased to allow that his own Counsel might read his Answer, as follows; the Earl sitting by on a stool all the while, and explaining or enforcing any part thereof. "The ANSWER of JOHN Earl of BRISTOL 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. "The said earl not acknowledging any of 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 : the said Article, the same consisting of several parts, viz. the loss of the said Palatinate, and the Match with the said lady of Spain, and of his several employments; as of one extraordinary Ambassage to the emperor, of another to the king of Spain, in the years 1621, 2, and 3, aforesaid, he humbly craveth leave of this most high and honourable court to separate the business, and to distinguish the times. "I. To the First Article he saith, That he did not advance or further the design of the king of Spain against our late sovereign lord the king, his children, friends, and allies; or traitorously, falsly, wilfully, or as a traitor to our late sovereign lord the king, by any letters, or other messages, sent in the years 1621, 2, 3, or at any other time, inform, advise, or assure the said late king, that the emperor and king "And, beginning with the Palatinate first, of Spain, or either of them, would really, fully, to give an Account of his Ambassage to the or effectually make restitution, or plenary re- Emperor; and so to make as brief a deducstoration, to the count Palatine and his chil- tion as he can of his whole carriage in that budren, of the dominions, territories, and posses-siness, from the beginning of his employment sions of the said count, or of the electoral dig-to the time he left it. In this ambassage to the nity; or that the king of Spain did really, fully, emperor he propounded all things faithfully acor exectually intend the Marriage between the cording to his instructions; and the answers lady his sister, and the prince our said sove- which he returned to his late majesty were the reign lord, according to the articles formerly very same, and none other, than such as were propounded between the said two kings, as by given him by the emperor, under his hand and the said Article is alledged; neither does or the imperial seal; the which, according to bis did he, the said earl, know that the emperor duty, he faithfully sent unto his said majesty; and king of Spain, or either of them, never and withal, did honestly, faithfully, and truly really intended such restitution or restoration advertise his said majesty what he understood as aforesaid, or that the king of Spain never and thought then upon the place: but was so really intended the said Marriage, as by the far from giving unto his said majesty any illsaid Article is alledged; nor doth he the said grounded hopes in that behalf, that he wrote earl know that the emperor or king of Spain, unto the lords of the council, here in England, or either of them, intended by the said Trea- from Vienna, the 26th of July, 1621, in sort as ties, in the Article mentioned, to give time for followeth, viz. "I am further to move your compassing their own ends or purposes, to the lordships, that there may be a dispatch made detriment of this kingdom, as by the said Arti- presently into Spain, to his majesty's ambassacle is also alledged; neither was the said late dor and Mr. Cottington, that they there deal King James made secure upon any such false effectually for the preparing and ripening of assurances given unto him by the said earl, or the business against my coming; and that they thereby lost the opportunity of time; nor were use some plain and direct language, letting the the dominions, territories, and possessions of ministers there know, that the late letter sent the count Palatine, or the electoral dignity, by the king of Spain to the emperor, was thereby lost, or any part thereof taken out of colder and more reserved than his majesty had the possession of the said king James: nor the reason to expect. I shall conclude with telling said count Palatine, the lady Elizabeth his your lordships, that though I despair not of wife, or their children, dispossessed, disinherit- good success in this knotty business, yet I hope ed, or bereaved thereof, or of any part thereof, his majesty and your lordships lay not aside by any act or default of him the said earl; nor the care of all fitting preparations for a war, in did, nor was he, the said earl, the cause of any case a peace cannot honourably be had; and thing to the dishonour of our said late sove- amongst other things, I most earnestly recomreign lord king James, or to the disherison of mend unto your lordships, and, by your lordthe said late king's children, or their posterity; ships, unto his majesty, the continuing abroad, to the disanimating or discouraging of any of yet for some small time, of sir Robert Mansel's the rest of the princes of Germany, nor any fleet upon the coasts of Spain; which, in case other kings or princes in amity and league with his majesty should be ill-used, will prove the his said late majesty; nor did any thing in or best argument he can use for the restitution of concerning the same contrary to his duty and the Palatinate."-And the said earl further allegiance, or contrary to the trust and duty of saith, That this his advice was really seconded an ambassador, er falsly, wilfully, or traitor- by his actions, by being the cause, as he reously, or as a traitor to our said sovereign lord turned homeward out of Germany, of the the king, in any such sort, or by any such bringing down of the count Mansfelt, whereby means, ways, or inducements, as by the said the town of Frankendale was relieved, and, by Article is supposed, or by any other ways or supplying of his majesty's army, then in great means whatsoever: but the said earl dealt distress, with money and plate, to the value of therein, and in all his said trusts as an ambas- 10,000l. merely out of his zeal and affection to sador, carefully, faithfully, and honestly, and the good of the king and his children, having as became a faithful and loyal subject, servant, no order or warrant for the doing of it; but counsellor, and ambassador. And for a clear might easily have excused it, either through demonstration of the truth and manner of his want of order, or want of means; but that his proceedings, touching the matter contained in heart was ever really bent in effects, more than lordship hath so very seasonably laid out, his majesty will see you shall sustain no loss; holding it very unreasonable you should suffer any thing by the care of his service, which you have shewed so much to his contentment, and the great joy of your lordship's faithful servant, G. 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 appear by his majesty's own testimony, upon the going of sir Francis Nethersale 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 Francis Nethersale to let the prince Palatine 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 Oct. 1621, in these words following:-" My lord; Having understood from Heidelberg, how you have shewn your affection to the king and me in all things, and in the help of money you have lent our soldiers, I cannot let such an obligation pass without giving you many thanks for it by these lines, since I have no other means to shew my gratefulness unto you; howsoever, assure yourself, that I shall 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 in-understand how good a servant the said earl treat you therefore to solicit his majesty for our help. You have given me assurance of your affection, I intreat you now to shew it by helping us, in your good endeavours to his majesty, and you shall ever bind me to continue, as I am already, your very affectionate friend, ELIZABETH." "The Earl likewise received several other letters, about the same time, both from the king of Bohemia and council of Heidelberg, 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 speech to the parliament. And the said earl likewise appealeth to both houses 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, 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 Oct. 1621, may be read: viz.-" My lord, I am exceeding glad 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 son-in-law, whereby he putteth himself wholly to his majesty's advice and pleasure for his submission. And as for the money your had been unto him, and how active in his affairs; as will best appear by a dispatch of sir Francis Nethersale, written all in his own hand, to sir George Calvert, in answer to what was commanded him, dated at Prague 11th August 1622, 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 commandment received from his majesty by your honour, you will be pleased to have the patience to hear me report what I said to the king upon delivery of my lord Digby'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 his royal disposition, his majesty having found my lord Digby mistaken by some of his people at home, by occasion of his being by him employed in the affairs with Spain; and having thereupon conceived a jealousy that the said noble lord might also be mireported hither to the prince Palatine, had, in that respect, given me a particular commandment to assure the prince, that his highness had not a more truly affectionate servant in England; and, for proof thereof, to let the prince understand, that whereas the baron Donagh, now his highness's ambassador in England, had, since his coming thither, obtained but three great points for his master's service, to wit, the Loan of Money from the king of Denmark, 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 highness'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 prize; because his lordship being known to be the first mover therein, might possibly weaken the credit he hath in Spain, and so render him the more unable to serve both his own master |