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 letter of the 21th of November 1622, from Newmar and the prince; in which respect I humbly prayed his highness 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 ambassage and in his said ambassage, with his said late majesty's approbation thereof.-Now he most humbly craveth leave to give your lordships an Ac-ket, writing as followeth, viz. “Your discount how he proceeded after his Return from patches are in all points so full, and in them the emperor's court: as soon as he came into we receive so good satisfaction, as in this we England, he discovered to his majesty and the shall not need to enlarge any further, but only lords of his council, in what great want he had to tell you we are well pleased with the diligent left the forces in the Palatinate, and solicited and discreet employing of your endeavours in the present sending away of money; and there- all that concerneth our service; so are we likeupon 30,000l. was borrowed of sir Peter Van-wise with the whole proceedings of our ambaslore, sir Baptist Kirks, and sir Wm. Cockaine, sador, sir Walter Aston. Thus we bid you and presently sent into the Palatinate, besides heartily farewell."-And afterwards his inathe 10,000l. which he had lent, for which he jesty was likewise pleased, in his letter of paid the interest out of his own purse 6 months; the 7th of January 1623, a little before having also given, not long before, 5001. by way our gracious sovereign lord the king, then of Benevolence, to the service of the said Pala- prince, his coming into Spain, to write as tinate. Now, in the interim betwixt his return followeth, viz. "Concerning that other from the emperor, which was in November unfortunate knotty affair of the Palatinate, 1621, and his going into Spain, in May, 1622, to say the truth, as things stand, I know he first gave an Account, as is aforesaid, of his not what you could have done more than you embassage, to both the houses of parliament; have done already."-And whereas it is oband moved them to be as effectual as was pos- jected, that the Palatinate should be lost by sible for the supplying of his majesty, and that the hopes he, the said earl, gave by his letters the money might be wholly employed for the out of Spain, it is an objection of impossibility; succour of the Palatinate. The parliament for there was nothing left but Manheim and being dissolved, he solicited, with great care Frankendale, when his first letters, out of Spain, and industry, the settling of some course for could possibly come to his late majesty's hands; the supplying of the Palatinate; and his ma- for he did not begin there to negotiate in that jesty was persuaded to maintain 8,000 foot and business until August, 1622; and about that 1,600 horse under his own standard, and in his time Heidelberg, and all but Manheim and pay, in the Palatinate, and to establish a cer- Frankendale, was lost; and Manheim he had tain course for the due payment of the said saved by his industry, had it not been so sudarmy: and the lord Chichester was upon his, denly delivered, as is by his majesty acknowthe said earl's motion, sent for out of Ireland; ledged, by his letter of the 24th Nov. 1629, and he the said earl, by his majesty's comwriting thus, viz. "And howsoever the order mandment, took care of his dispatch. In this given to the Infanta, for the relief of Manheim, estate the said earl left this affair at his depar- came too late, and after the town was yielded ture towards Spain, in 1622, nothing doubting into the hands of Tilly; yet must we acknowbut all things would have effectually and con- ledge it to be a good effect of your negotiation, stantly been pursued, according to the order and an argument of that king's sincere and which was settled and resolved on at his depar- sound intention."—And Frankendale being by ture. On his arrival at the court of Spain, he the said earl's means once saved, was again the presently proceeded according to his instruc- second time saved merely by his the said earl's tions, pressing the business of the Palatinate as industry in procuring a letter from the king of effectually as could be, and faithfully laboured, Spain, dated the 2nd of Feb. 1623, whereupon and effected from time to time, (as far as the followed the Treaty of Sequestration, which point of Negotiation) all the particulars that hath since continued: and he the said earl were given bim in charge; as will appear by was so far from hindering succours, by any lethis late majesty's letters upon every particular ter or counsel of his, that he was the solicitor, occasion. And, if by accident, such as the and, in great part, the procurer of most of the marquis of Baden, count Mansfelt, and the succours that had been sent thither, as is forduke of Brunswick's receiving each of them an merly set down: and when his royal majesty overthrow that summer; or by neglect, or ill- that now is, arrived at the court of Spain with ordering the affairs there, (whereof his late ma- the duke of Buckingham, they found the said jesty so far complained to his son-in-law, as to business of the Palatinate in so fair a way, that give order for the withdrawing of his forces, the Spanish ministers told them the king should as will appear by his majesty's letters of the 3d give his late majesty a blank in that business to of June, 1622, as also by his letter to sir Ho-frame his own conditions, as appeareth by his race Vere and the lord Chichester, if there were late majesty's letter of the 8th Oct. 1625, as not a speedy redress,) those businesses have followeth, viz. miscarried, the earl hopeth he shall not be liable to the blame, it having no relation to Our son did write to us out of Spain, that that king would give us a blank in which we might frame our own conditions, and the same he confirmeth to 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 Spain. It will appear by the testimony of sir Walter Aston, and by his and the earl's dispatches, that the said earl wanted not industry and zeal in this business; insomuch that the last answer the earl procured therein from the king of Spain, 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 as, in that affair, he had all the assurances that could be betwixt Christian princes; if therein 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 23rd of Nov. 1623, after his now majesty's return into England, they wrote as follows:-" We hope that your majesty may, according to your desire, signified to me the earl of Bristol, by the letter of the 8th Oct. give to your majesty's royal daughter, this Christmas, the comfortable news of the near expiring of her great troubles and sufferings; as also unto the prince, your son, the congratulation of being married to a most excellent princess." "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 they never meant it; he saith, 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 with honesty or safety. And he further saith, That the hopes he gave were not upon slight and 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 Sept. 1623; which he humbly desired may be read, if the length of it may not displease the substance of it being to shew by all the engage VOL. II. ments and promises of the king of Spain, that he really intended the Match; and the cause why the conde D'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 night treat for larger conditions, in point of religion, with the said duke; the said conde D'Olivares taking advantage of having the person of his majesty, then prince, in their hands: and with this dispatch the said eari acquainted his majesty that now is, then in Spain, 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 falshood. 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.--For the clearing of an objection that hath been alleged, viz. That the Match was never meant before the duke's going into Spain, 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 Spain, and their chief ministers on both sides, for the following reasons: 1. The duke of Buckingham certified to 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 eart to proceed in other business, which his said late majesty would not have treated until the Marriage was concluded; as will appear by a letter of his late majesty jointly to the duke of Buckingham, and the said earl, of the 23d July, 1623. 2. It will appear by letters of the lord Conway to the duke of Buckingham, bearing date 3rd and 4th Sept. 1623, that the said duke had good assurance of the conclusion of the said Match; and, upon this confidence, all things were put in due execution in England, as had 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 set down in the Declaration of the 9th Aug. 1623, hereafter mentioned in the Answer to the 5th Article of this Charge. 3. The very day that his now majesty and the duke of Buckingham departed from the Escurial, in Spain, towards England, the said duke solemnly swore to the Treaty of the said Marriage, and the furthering of it all that should be in his power, upon the Holy Evangelists, in the presence of the said earl and sir Walter Aston. 4. The Treaty of Marriage had formerly been signed, sealed, and solemnly sworn to by the king of Spain; and when his majesty and that king took their leaves, the king of Spain did solemnly protest, on the word of a king, faithfully and punctually to perform all that had been 4 U : capitulated in the Treaty of the Marriage; and reason of the pope's new demands sent into Enghereupon embraced his majesty at his depar- land by Mr. Gage, were not signed nor condeture: and the very next day sent a letter unto scended unto by his late majesty nor his majesty his majesty all written with his own hand, and that now is, then prince, until the 5th Jan. 1622, protesting to make good all that he had capitu- and then were sent away post out of England lated or promised to his majesty at his departure to the said earl by Mr. Simon Digby, who arthe day before; so that if there were no true rived with them at Madrid in Spain, about the meaning on the part of Spain to make the Mar-25th of the same month but the earl's care riage, as by Mr. Attorney is pretended, yet was such to have no time lost in the settling the certainly the said earl hath not been slightly temporal articles, that before he would condedeceived: neither can it be, as he conceiveth, scend (so much as de lene esse) unto the artiany fault in him; since not only his late ma- cles of religion that they should be sent back jesty but his majesty that ow is, and the duke again unto Rome, he procured the king of Spain of Buckingham, being then both upon the place, to promise that within the time limited for the did confidently believe, (and that upon other procuring of the dispensation (which was by grounds than the informations, suggestions, or March or April following at the farthest) all persuasions of the said earl) that the Marriage the temporal articles should be settled and was really intended; and to that effect, both agreed; to the end the Infanta might be delihis late majesty and his majesty that now is, vered at the spring, as, by the king of Spain's after his return into England, wrote unto him, answer in writing, avas declared to be that king's the said earl, several letters, assuring him that intention; and accordingly sir W. Aston and their intents and pleasures were to have the the said earl did, not in general, but most insaid Match proceeded in: and thereupon the dustriously, labour to settle all particular artipowers of his majesty then prince, were again cles, (as they did most of them,) viz. That the renewed, and sent unto the said earl; so that portion should be two millions, it appearing the said earl having so many and so great that it was so agreed by the late king of Spain, causes to be assured that the Match was really the present king's father; that, the dispensation intended on both sides, he conceiveth it will coming, the desponsories should be within 40 be hard for Mr. Attorney to make good that days after, and the Infanta's departure from: part of his Charge, wherein he affirmeth, That Madrid should be within 20 days after that; the earl should know the contrary, or give as- and that don Duarte de Portigal should be the surances upon false grounds, as in the said Ar- man that should attend the Infanta in the ticle is alleged." journey and all other particulars necessary for the conclusion of the said Treaty, were by sir W. Aston, 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 2nd of March, 1622, O. S. the conde de Gondomar and the secretary don Andreas de Prada, were appointed to come home to the house of the said earl, to signify unto sir W. Aston and himself, (as they did) that the king of Spain 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 the said king of Spain's own hand.— On the 7th of the same month of March, the king's majesty then prince, and the duke of Buckinghaun, arrived at Madrid, and then the Spaniards took new hopes, and the negociation 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 bis majesty was entertained with generalities; since from the time that the said articles of religion were brought unto the said earl by Mr. Simon Digby, being about the 25th of Jan. there were but six weeks until the 7th "II. To the Second Article the said earl faith; That he did not falsely, wilfully, or traitorously, or contrary to his allegiance, or the trust or duty of an ambassador, continue the Treaties upon Generalities, without effectual pressing the king of Spain unto particular conclusions, according to his late majesty's instructions or directions; nor intended to have conLinued the said Treaties upon generalities, with out reducing them to certainties or 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 far he hath been from offending in that kind, nor 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 farther saith, first, as to the continuing of the Treaties upon generalities, that the temporal articles were, by agreement on both sides, not to be treated or 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 into further engagements; and the said articles of religion, by : speed.' And the said earl saith that having received from his said late majesty the 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 of 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 ma of March following, when his majesty then prince, arrived in Spain; and in the interim all the above specified 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, viz. the wars of Bohemia, the death of two popes, and of the late king of Spain, without the least fault of the said earl's, as is acknowledged by his late ma-jesty's letters of the 25th Oct. 1622, as followjesty in the said earl's instructions of the 14th March, 1621; neither could any delay therein be attributed unto him the said carl, for he was employed in those times into Flanders and Germany; and sir Walter Aston and sir Francis Cottington, for the space of three or four years, were resident in Spain; 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 Spain; and he was so desirous to see his majesty, then | prince, bestowed, that he pressed nothing so much, both to the king and the prince, as that the prince might lose no more time, and rather break the Match with Spain, than suffer any further delays, as will appear by the dispatches from his first arrival at the court of Spain, until his majesty, then prince, his coming; for in his letters of the 20th 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 Spain, he might (without expecting any new order) take his leave and come home. And upon the return of sir Francis Cottington in Sept. following, he wrote both to the king and his majesty then prince, viz. to the king as followeth: I shall presume to add to that which Mr. "Cottington shall deliver unto your majesty by word of mouth, of the present state 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 will do in point of religion, and that you will appoint me a certain limited time, by which this king shall procure the dispensation, or con‚clude the Match without it; that in case there should be any further delay therein, then, I may declare your majesty disengaged, and free 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, viz. 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 negociation; but your highness may be pleased to hasten this his majesty's resolution with all possible eth" Right trusty and well beloved cousin and counsellor, we greet you heartily well. Whereas by your last letters written to our secretary, dated 29th Sept. you are desirous to have our pleasure signified unto you under our own hand, whether we will be contented or not to have 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 next spring: we do hereby declare unto you, that in such 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 farewell."-And he further said, 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 propositions, de bene esse, sent by Mr. Porter on the 10th Dec. 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 that time he wrote both to his said late majesty and his now majesty then prince, viz. to his majesty as followeth: 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 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 my duty to say likewise unto your highness; That in case you should not approve of what is now conditionally agreed, you permit not a day more to be lost in this 1899] STATE TRIALS, 2 CH. I. 1620.-Impeachment of the D. of Buckingham, [1400 majesty that might ensue, by entering into bostility with the said king, it was as a faithful counsellor and servant to his master, by way of advice and opinion, which he ever delivered sincerely, faithfully and truly, according to the present occasion; and in no wise to any such intents as in the said Article is mentioned, nor to any other evil intent or purpose whatsoever. But he hath been so far from dissuading 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 parlia ment presently upon his return out of Germany, 6 Treaty; for it is of so great consequence that | Spain, or represented any dangers to his late your highness were bestowed, that it importeth almost as much that you were speedily, as willingly, married; but I hope that his majesty and your highness, will in such sort approve of this last agreement, as you will speed ly 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 per'suade, but, on my knees, beg it of you, that 'you either resolve to conclude this Match as you may, or speedily to break it off, 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 bumbly submitteth himself to the That he hoped his majesty would judgment of this most high and honourable court, all fitting preparations for a war, and that the 'tely no longer upon single treaties, but make whether those delays, which several accidents parliament would enable his majesty therehave brought forth in this business, can be attributed to his fault; since, on the one side, he going again upon his ambassage into Spain, 'unto:' and by the care he took before his hopeth it will evidently appear unto your lord- that the establishment of an army, under his ships, That he ever moved his majesty and the majesty's own standard, of horse and foot, and prince to admit of no delays, but rather to think of some other course; and on the other vided for, as likewise his advice to the lords of in his own pay, might be fully settled and proside, it will appear by all his dispatches, that the council, that his majesty might have a curb he pressed things with the ministers of Spain to as speedy a conclusion, as the utmost terms of continuing of sir Rob. Maunsel's fleet upon the upon the king of Spain upon all occasions, by fair negotiation and good manners would bear. coasts of Spain, as will appear by his letter And whereas it is pretended that the Spaniards written from Vienna, 26th July, 1621, menshould take occasion, by entertaining the said tioned in the Answer to the first Article: by all Treaties, to abuse his late majesty (which he which it will appear that he laboured and enknoweth not) yet he saith, That he used all the deavoured, as much as in him lay, that his maindustry and vigilancy that a careful minister jesty might be well prepared for any occasion could do, and got from the Spaniards all the as- of war which should happen; and he no way surances, by oaths, words, and writings, which remembereth to have discouraged, or to have could be expected from Christians, the which he spoken or written any thing that might have faithfully, without adding or diminishing, repre- been understood to have tended to the discousented unto his said majesty; and his said ma- raging, his said late majesty from the taking of jesty in those times, was pleased to conceive arins or entering in hostility against Spain: or upon those assurances, that they dealt really for resisting of him or his forces from attemptwith him and he conceiveth that his majestying the invasion of his said late majesty's domithat 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 Spain; and that all which the said earl had written touching that employment, was there avowed by the conde D'Olivares, and conde de Gondomar, to the said prince and duke, at their arrival at Madrid; and he hopeth that, when his dispatches are perused, it will appear and be adjudged, That he served his majesty with some measure of vigilancy, as well as fulness of fidelity." nions, or the dominious 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 Spain, 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 "II. To the Third Article the said earling that England and other nations would of them when they were once resolved; wishsaith; That he did not, either by word or letters to his late majesty or his ministers, extol or magnify the greatness or power of the king of Spain; nor represented to his late majesty the supposed dangers, that would ensue unto him if a war should happen between him and the said king of Spain; 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 or greatness of the king of herein imitate them; for that he supposed the right way to impede the Spanish greatness, was to grow as wise as they, and so beat them at their own weapons: but, otherwise, he is conwrite, any thing that might give any terror or fident he hath never been heard to speak, or discouragement to his late majesty; or his chief ministers; knowing that England need but little fear the power of Spain, having almost in all attempts and enterprizes won honour open them. And as for his representing the dangers |