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that might ensue upon a war, though he know eth 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 faithfu! counsellor and an 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 so great a war, seriously to attend it, and 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 to so gracious a master; neither can it be conceived, that the considerations of hunting, hawking, or ease, should be considerations worthy so great and prudent a king, to withhold him from a war for the good of Christendom and his kingdoms, if he should be unjustly provoked thereunto.

"IV. 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 embassador, as by the Article is alledged; but did endeavour 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 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 instruetions perfect, and to pursue them punctually; and would make his fortune thereby, or words to that effect; he doth not remember to have 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 Henry's time, and the unlikelihood of accommodating the differences of religion and faith. Further, as to the reviving of the said Match for his majesty that now is, that in the first he wished and advised a Protestant Match; but, in the duty of a servant, understanding that both their majesties really desired the Match with Spain, 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 employment, 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.

"V. 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 or the professors thereof should be advanced; or the true religion and the 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 majes ty 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 inconveniences in point of religion, that might come by matching with any princess of a differing religion; as well appeareth by a Paper of his own opinion, That his majesty should marry with a lady of his own religion, as hereafter mentioned in his Answer to the 7th Article: and for further proof thereof he saith, that in the whole Treaty with Spain 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 W. Aston, and his dispatches 12th 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 Spain being far different from em- ~ ployments 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 occurrents of state, without the help of a priest or Jesuit; but in Spain there being none but Roman Catholics, nor any other manner of correspondency or intelligence but by them, the ainbassadors 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 preclaimed rebels; and divers times the ministers employed in Spain, 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-Catholic and imprisoned in England; and this he remembereth to have happened to others, but doth not remember to have written himself to his late majesty in that kind : and, as concerning his advice and counsel to set at liberty Jesuits and priests, the granting to the Papists a toleration, or a silencing of the

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laws against them, he saith, That his late majesty science only, and to which the rest of his me was engaged by the Treaty of Madrid in 1617, jesty's subjects are not liable. And to the in divers matters concerning religion, as like- cnd his majesty may make himself clearly wise by promises to the conde de Gondomar, understood, where it shall happen that any and his letters to the king of Spain, of the 17th those forfeitures and pecuniary mulcts Lat April, 1629, wherein he is pleased to promise been given away under his majesty's gre some particulars in favour of Romau-Catholics, seal; his majesty will not hide that it is not as by the said letter will appear. And, not- 'his power so to make void those letters patern, withstanding the said earl had sufficient warrant, except they be voidable by law; and then ta under the king's own hand, to assure the king majesty is well pleased that all Roman Cathe of Spain, that whatsoever was agreed in the lics may in these cases plead in law, if "g said Articles, or in the said letter, his majesty find it good, and shall have equal and leg would sincerely perform; yet the said carl was 'trial. And his majesty is likewise please so cautious in that point, that when, for the that his general pardon shall remain in beg conclusion of the Match, the other articles of five years, to the end, all that will, may in t religion being all agreed, it was pressed by the time take it out; and his majesty will Spanish ministers, that a clause, if convenient, order for the comfort of the poorer sort, might be inserted, with protestation, that the the pardon shall not be costly, but such le form and way thereof should be wholly left to course shall be taken as was in a Like Com his majesty's wisdom and clemency; and that his sion at his majesty's coming into England; a majesty's Roman Catholic subjects should ac- ' that it shall be lawful to put as many as car le knowledge this grace only to come from the king's possible into one pardon. And we do furce mercy and goodness; yet the said earl would declare, That his majesty's will and pleas not condescend or assent thereunto, but only is, to the end the Roman Catholics his me de bene esse, as by his letters to Mr. Sec.ty's subjects may have a present and a in: Calvert, bearing date 8th Oct. 1622, will ap- 'fruition of as much as is intended them by the pear; thereby to give his majesty time to take Articles of Treaty of Marriage, to cause i it into consideration, before he would engage or present suspension under his majesty's seal of bind him in this point.-And the said earl saith, all those penal laws, charges and forfeitures That he did not by letters, or otherwise, ever whereunto the Roman Catholic subjects of counsel or persuade his late majesty to grant majesty have heretofore been subject, and unto the Papists and professors of the Romish which the rest of his majesty's subjects have religion, a free toleration or silencing of the not been liable; and in the same grant and laws made and standing in force against them, under the same seal, to give a dispensation and but ever protested against any such toleration; toleration to all the Roman Catholics his met and when any such proposition hath been ofjesty's subjects, as well priests, as tempera fered to be made in Spain, he hath ever refused persons and others, of and from all the pena so much as to give ear unto it, or to suffer it to ties, forfeitures, troubles, and incumbrances be propounded; although it be true he hath which they have been or may be subject t since seen a writing touching Pardons, Suspen- by reason of any statute or law whatsoever. sions, and Dispensations, for the Roman Catho-to the observation whereof the rest of his m lics, bearing date 9th Aug. 1623, signed byjesty's subjects are not bound. We do lar the lord Conway and others in England, where

with he was never acquainted; which paper is that which followeth :

The Declaration touching the Pardons, Suspensions, and Dispensations of the Roman Catholics.

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wise declare, that his majesty hath promised

on his royal word, that the execution shall be no ways burthensome or peual to the Roman Catholics, but that for the manner of prove leging, and freeing them from that, be nas confer with bishops and advocates, into which be will presently enter and expedite by means. And we do further declare; Thi his majesty's intention is presently to parse his former directions (which had been befor executed if their excellencies had so though good) to put under his seal severally the s pardon and suspension, and dispensation; and that his majesty's attorney and learned cou 'sel shall have referred to them the charge

For the satisfaction of their excellencies, 'the marquis Ynojosa and Don Carlos de Colonia, the lords ambassadors for the king of Spain; and to the end it may appear that his majesty of Great Britain will presently and really put in execution the grace promised and intended to the Roman Catholics his majesty's 'subjects, and of his own grace more than he is tied to by the Articles of Treaty of Marriage.pen them with all those effectual words, cleuses, -We do declare in his majesty's name, That his majesty's will and pleasure is, that a legal and authentical pardon shall be passed under the 'great seal, wherein shall be freely pardoned all those penalties, forfeitures and seizures, indict-promised by his majesty in the Articles of Mar'ments, convictments, and incumbrances what'soever, whereunto the Roman Catholics are liable or have been proceeded against, or might

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expressions, and reservations, which may presently give fruition to the Roman Cathelio his majesty's subjects, and make them m 'lable in the fruition of all that is intended and

riage, and his majesty's further grace.-And we do declare, That his majesty's further wa and pleasure is, for the better satisfaction and

be, as well priests, as others, for matters of con-discharge of the care and endeavour of ther

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1407] STATE TRIALS, 2 CH. I. 1020.-Impeachment of the D. of Buckingham, [1409

few days after his majesty's coming into Spain, whilst he had that great honour to have his majesty lodge 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 intentions to become a Roman Catholic; and the conde Gondomar having that very morning pressed the earl not to hinder so pious a work (as he termed it) of his majesty's conversion, and seeming 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 business to impart unto him which highly imported 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 the court was, that his majesty's coming thither was with intention to be a Roman Catholic, and there to declare it; and confesseth that, at the same time, in regard of those things which he had 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 Catholic, 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 Catholic 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 intreated 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,

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yond the conditions which had been formerly agreed upon in point of religion; and to make his conditions the worse for the great obligation he had laid 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 before his majesty that now is came out of Spain; and were first there shewed unto his majesty, bearing date the 9th Sept. 1622; so that although it be true that the said earl did not dissuade his majesty (for 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 held longer in any hopes in that point.-And because a point of religion is that which all men of honour and honesty should chiefly 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 the Charge, in tendering to your lordships satisfaction in that particular, not by the aforesaid verbal discourse only, (which 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 to the Match and Religion, when he was first employed into Spain for the treating of this Marriage in 1617: for his late majesty having commanded him to give an Account thereof unto his majesty that now is; he, at his departure towards Spain, 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 that folioweth :

The said OPINION.

somed humbly to offer unto his majesty conSIR; The opinion which I have ever precerning your highness's marriage, hath been, that both in regard of conscience and satis

and so long as the Spaniards, who were to pro-faction unto his majesty's people and allies;

cure this dispensation, should have the least hope of his conversion, they would rather clog the dispensation than hasten it; for whilst they should have any hope at all of his conversion, they would never content themselves with the part to which they were tyed by the articles agreed upon with the said earl and sir W. 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. Andrews to Rome to hasten it. And the next day the said earl dealt very roundly with the said conde d'Olivares and Gondomar, telling them, It was a discourteous manner of proceeding, to press his majesty be

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likewise for the security and quiet of your majesty's estates, your highness might take for wife some protestant princess, although she neither were daughter to a king, nor had so ample a portion as might relieve the king's might be many ways found to help the king's present necessities and wants; for then there wants, either by some few years providence and frugality, or by winning the affections of way of subsidies in parliament; whereas conthe people to the supplying of his majesty by trariwise, if the number and power of the papists shall be increased, as undoubtedly they will be by your highness matching with any catholic princess, through the concession which

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lege in Oxon, (all of whom were his majesty's chaplains in Spain) as well for the frequent use of the sacrament, and constant profession and exercises of religion; and the testimony also of such catholics as are known to have been his ancient acquaintance and friends, and to examine them upon oath, whether either publicly or privately, in Spain 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 chaplains, may be also examined, whether in extremity of several sicknesses, whereunto he hath of late years fallen, he hath not ever settled his conscience with them towards God, and made a confession of his faith, resolving as befitted a Protestant and a good Christian.

must be of necessity for the exercise of her religion for herself and family, within your highness's courts, and thereby by degrees these two different religions shall grow to an equality of power; it will be great hazard and disquiet to the state, and not to be redressed without great danger, and courses of 'more violence, than is usual for this state to put in practice. But in case his majesty out of his wisdom and consideration best known to himself, hold it fittest that your highness match with France or Spain or any other catholic, either for that the present time affordeth no protestant princess, who is for years or blood suitable for your highness, or that 'cam in any considerable measure by the portion, supply his majesty's present wants, I then conceive that the match by which this ⚫ state shall suffer least inconveniency and cum'bers, and whereby his majesty's necessities shall by the greatness of the portion be the 'most relieved, is with Spain, if such a match may be made with such conditions of religion, as other catholic princes will contract themselves withal. Thus much I thought fit humbly to present unto your highness, for that I see my employment liable to the censure of many worthy persons, with whom, though I concur in my opinion, yet I seem much to differ from them many ways; for that it is more proper to me to be true to my master's ends and services, than by the declaring this, to procure their satisfaction: Only to your highness I thought fit to make this declaration, and shall be a suitor to you for your favour, as you shall see me really labour to put this in effect. And if his majesty shall, either upon motion of parliament, or any other 'proposition that can be made unto him, think 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, that it shall rather much further, than any way cross or hinder it. But in case his majesty shall not be drawn 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 in Spain, upon such conditions, in point of religion and portion, as to his ma'jesty shall seem fit.'

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"Besides which declaration of the said earl's opinion, he hath all his life, 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 500 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 Dr. Mawe and Dr. Wrenn, 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-Col

VOL. II.

"VIII. 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 Roan Catholic, 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, viz." 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 was confident there were 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 their 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 sincerity and honour of the protestant religion; but never used it as an argument to persuade, as in the accusation is insi nuated. Besides, he conceiveth, that, by way

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