of Answer thereunto, the same question may be asked which his majesty was pleased to ask of the said earl in the 7th Article, viz. 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 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 was to be wrought upon, in point of truth and belief, by temporal and worldly respects of conveniences and greatness. It were necessary, for proof of this assertion, The earl's persuading his majesty touching his religion,' to produce some arguments that he used out of the scriptures to satisfy him, in point of conscience, in some tenet of the Romish church; or that he procured any conference with learned men for his satisfact on 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." "IX. To the Ninth Article the said earl saith, That there was a discourse in Spain, of the way of accommodating 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 pacifying and acccomodating 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 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; that his son might be brought up in his own religion and have such preceptors and such a family as his said late majesty 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 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 Spain; for the said earl is very confident that his majesty was returned out of Spain, before any proposition was made for the said Marriage, other than by way of discourse as aforesaid; the same as the said 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 Spain, about the 2d of Oct. 1623; and his late majesty upon relation made unto him by a letter of Mr. Secretary Calvert, approved of the proposition, and declared the same to be the only way, as he sepposed with honour, to accommodate those great businesses; and wrote to that purpose to his son-in-law, the prince Palatine, by his letter, dated 19th Oct. 1623, a copy of which letter together with a copy of Mr. secretary Calvert's relation, the lord Conway by his late majesty's commandment, sent unto the said earl, the tenor of which, translated out of French, is as followeth : We have thought good, that we may pro'vide best and most soundly for your affairs, not only to procure, but also to assure your peace, were 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 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 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, we shall not be refused in this nature, 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 to the emperor, to interest the king ' of Spain with us in the business, who, we trust, will lend us his helping hand, as well for the effecting of it, and bringing it to a good conclusion, as in procuring likewise, that the condition be duly observed. Amongst which conditions, if it happen that the emperor should demand, that your son, during his minority, should be brought up in his court, we shall tell you, that we, for our own 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 with him such 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 proceeding in this Treaty, that before your said son be put into the hands of the emperor, he will have a clear and certain assurance of an honourable, entire, and punctual restitution of all whatsoever belonging to you: As also we will take care to provide accordingly, as fully and exactly for the assurances requisite for the liberty of conscience, for him and his domesticks, as they have done here with us touching those that have been granted them for the Infanta. And therefore seeing there is no inconvenience 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 sure with the emperor, we hope your opinion will concur with us therein, and shall intreat you, by the first, to send us your answer.' By which letter, written after his majesty's coming out of Spain, 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 saith, he was determined to interest the king of Spain 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 he, 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 or 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 majesty's pleasure, which the said sir W. Aston might be ignorant of, as he is confident he was; and not out of any disaffection to our religion, or 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 Palatine's son with the emperor, having a governor appointed by his late majesty and his father, and he and his domestics to have the free use of their own religion, to be a matter of impossibility, or, of such dangerous conseqence in point of religion, as to imply his conversion, as by the articles is intimated; well knowing that, in the emperor's court, all princes there, though his prisoners, and others 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, grand-child to the king of Great Britain, should be matched, and no care taken to capitulate for the use of his religion, it 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." · "X. To the Tenth Article the said earl saith, That by comparing the above Article, of his too much forwardness, with the second, 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 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 desponsories; but was therein merely passive, in admitting the day nominated by the king of Spain, 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 countermauded, 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 on the day of the departure of his majesty, then prince, from the Escurial in Spain, his highness delivered unto him, in the presence of the commissioners on both sides, the powers, with public declaration taken in writing by Serica, secretary to the king of Spain, of the prince's pleasure, and how he, the said earl, should use them, viz. That he should deliver them unto the king of Spain, upon the coming of the dispensation cleared from Rome, according to that which had been agreed, which was to have been within ten days after the coming of the said dispensation. And he further saith, That it is true, that the prince afterwards, by his letters, sent by one Mr. Clark, commanded him, the said earl, not to deliver the said powers till he should have received security that the Infanta, after being betrothed, should not enter into any religious order; and that before he proceeded, he should send 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 to 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 Oct. 1623, will appear: as followeth, "We have received your letters by Grisley, and the copy of them to our dear son; and we cannot forbear to let you know, how well 'we esteem that dutiful, discreet, and judicial 'relation, and humble advice to our son: whereupon, having fully deliberated with ourself, and communicated with our dear son, we have resolved, with the good liking of our son, to rest upon that security, in point of doubt, for the Infanta's taking a religious order, which you, in your judgment, shall 'think meet.' "And by that other Letter of his majesty that now is, then prince, as followeth; viz. Your letter to the king and me, concerning that doubt I made after I came from St. Laurence, hath so satisfied us both, that we think it fit no longer to stick upon it, but 'leave it to your discretion to take what secu'rity you shall think fitting.' Hereby the said Earl was absolutely freed from 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 unto him; and so he intended to have done, till, by his highness's declaration, of the 13th Nov. 1623, he was directly commanded the contrary; which comma idinent he readily and punctually obeyed: and for such his inteution, til he was so countermanded, he conceived he had not only sufficient warrant, but had highly offended, if he had done otherwise: for, 1. For his proceeding to consummate the Match he had warrant and instruction under his late m jesty's hand. 2. It was the main scope of his ambassage. 3. He was enjoined to that by the king and prince's commission, under their great seals. 4. He had positive orders, under his late majesty's hand, by letter since. 5. It was agreed, by capitulation, that it should be within 10 days after the coming of the dispensation. 6. 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 a religious order, that they intended to proceed in the Marriage, as by his majesty's letter of the 8th Oct. 1623, will appear. 7. The powers were to that end left in his hand, and renewed again after his majesty's return into England. 8. He had overthrown the Marriage without order; for although sir W. Aston and himself used all possible means for the gaining of time, and deferring of the desponsories, yet the king of Spain caused it formally to be protested, That in case the said earl should insist upon i the defening of the desponsorics, he would hold himself freed from the Treaty by the said earl's infringing of the capitulation. And, in truth, although the king of Spain should have condescended to have prorogued the desponsories until one of the days of Christmas, as by the letter (which is by this Article acknowledged to be mistaken) was required, yet the prince's powers had before that time been expired. 9. He durst not, without a precise warrant, put such a scorn upon so noble a lady, whom he then conceived likely to be the prince's wife, as to nominate a day for, the Marriage when the powers were out of date. 10. He was himself sworn to the treaty. Lastly, He could not, in honour and honesty, but endeavour to perform that trust reposed in him, when the powers were deposited in his hands, with public and legal deci iration taken into an instrument by the secretary of state to the king of Spain, leading and directing the use of them; for the same being then instrumentum stipulatum, as well the king of Spain was interested by the acceptance of the substitution, as the prince by the granting of the powers, and he could not in honesty fail that public trust, without clear and undoubted warrant; which, as soon as he had, he obeyed: so the case standing thus, the said earl is very confident, that the supposed countermands, or directions of restriction, when they shall be perused and considered of, will appear to have been a very slender and insufficient warrant against the aforesaid orders and reasons, herein before specified and is also as contident, that what is assumed out of the said earl's dispatches, will also appear to be so understood; and that if he had proceeded to the execution of the desponsories, before he received direct and express commandment to the contrary, by the aforesaid letter of the 13th Nov. 1673, 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 desponsories until a fùl 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 aforesaid letters of the 8th Oct. required the said eari so to endeavour, that his majesty might have the joy of both at Christimas; whereas his instructions of the 14th 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 20th Dec. 1623, were fully to the same effect : yet did the said earl according to what was latemated by the said letters of the 8th Oct. so carefully provide therein, that before the pow ers 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 D'Olivares, both in his master's name and Lis own, desired the said earl and sir W. Aston, that they would assure his majesty of the real performance thereof; and intreated them, if need were, they should engage their honours and lives for it, as by their joint dispatch, of the 23rd Nov. 1623, will appear; and so much the said sir W. Aston and the said earl agreed should be delivered unto 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 Jan. 1624 : and both the said sir W, Aston, and the said earl, were so confident therein, as they, by their said letters of the 23rd of November, wrote tɔ his late majesty as followeth, viz.—“ That h ́s majesty might according to his desire signified to them 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 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 confesseth be was ever of opinion, the best pawn and assurance his late majesty could have of the real proceedings in the said business of the Palatinate, was, that they proceeded really to the effecting of the Match: and of the same opi nion was his late majesty also, and the lords commissioners here in England, as appeareth by his instructions, dated the 14th March, 1021; which opinion still continued in them, as appeareth by his late majesty's letters of the king so straitened in time as by the said Ar7th Jan. 1622.-Concerning the Temporal ticle is pretended, will appear by the said earl's Articles, the said earl saith, When the despon- dispatch of the 24th Sept. 1623; in which, sories were formerly appointed to have been, upon the scruple that was then made of the as he remembereth, on the 9th Aug. before Infanta's entering into religion, he wrote to the departure of his majesty then prince, the same effect, viz. "That if the dispensation (which was only hindered by the not coming should come, he knew no means how to detain of the dispensation) the prince appointed him the powers above 24 days." So that although and sir W. Aston to meet with the Spanish that difficulty happened not until about the commissioners; and they drew up the heads middle of Nov. 1623, yet it was foreseen that of the Temporal Articles, wherewith the prince it must of necessity happen whensoever the and duke of Buckingham were acquainted; dispensation should come; and there was and in case the dispensation had come, and warning of two months time given thereof; the desponsories been performed on that day, viz. from the 24th Sept. to the 29th Nov. there had then no other provision been made which was the time appointed for the desponfor them before the Marriage; but presently sories: so he humbly submitteth himself to upon the prince's departure, he, the said earl, your lordships which of the two ways was the caused them to be drawn into form, and sent safer and most dutiful for him to take; whethem to his late majesty the 24th Sept. 1623, ther upon inferences and conjectures, to have desiring to understand his majesty's pleasure overthrown so great a business; or, on the with all speed, especially if he disapproved other side, first to have presented to his majesty any thing in them; but never received notice with truth and sincerity, as he did, the true of any dislike thereof until the aforesaid letters state of his affairs, with his humble opinion of the 13th Nov. 1623, which put off the therein; with an intention, if his majesty should desponsories. So it appeareth the said earl resolve to break the Match, that, for the said was so far from breaking his instructions, or earl's honest discharge of the public trust refrom having any intention to have proceeded posed in him, when the powers were deposited to the execution of the desponsories, before in his hands, and for his sufficient warrant in so his majesty and the prince were satisfied in great a cause, his majesty would be graciously the point of the Infanta's entering into reli- pleased to give him clear and express orders, gion; or before convenient assurance as well which he then had not; and, in the interim, of the restitution of the Palatinate as for per- whilst his majesty might take into consideration formance of the Temporal Articles, that he the great inconveniences that might ensue, the deserved, as he conceiveth, (under favour) no said inconveniences might be suspended; and blame, so much as in intention: but if he had the business kept upon fair terms, that his maerred in intention only, as he did not, and the jesty might have his way and choice clear and same never reduced into act, the fault, as he unsoiled before him; and as for the evil conconceiveth, was removed by his obedience be- sequences which are pretended would have fore the intention was put in execution; for followed, if the said earl had proceeded to the so it is in cases towards God himself.--And consummation of the Match before he had as to the matter of aggravation against him, express warrant to the contrary, he must, and That he appointed so short a day for the doth confess, he then understood the clean desponsories, as that without extraordinary contrary; for he supposed that his majesty diligence, the prince had been bound:' he should speedily have seen the Marriage (which thereto saith as before, That he set no day he had so long sought) effected, and the prince thereto at all, nor could defer it after the dis- should have a worthy lady whom he loved; pensation came from Rome, without a direct that the portion was much greater than was breach of the Match so long laboured in, and ever given in money in Christendom; and that so much desired; yet he and sir W. Aston the king of Spain had engaged himself for the used all possible industry to discover how the Restitution of the Palatinate; for which the motion of deferring the Match would be taken; said earl conceived a daughter of Spain and and finding an absolute resolution in the king two millions had been no ill pawn, besides diof Spain to proceed punctually in requiring the vers other additions of advantage to the crown powers, according to the capitulations, within of England: whereas, on the contrary side, he ten days after the coming of the dispensation: foresaw the prince would be kept at least one and at that time also getting advertisement year longer unmarried, a thing which highly from Rome, that the dispensation was granted, concerneth these kingdoms; he doubted that and would presently be there: he, the said the Recovery of the Palatinate from the emearl, to the end that, in so great a case, he peror and duke of Bavaria, by force, would might have a clear and undoubted understand-prove of great difficulty; and that Christening of his late najesty's pleasure, sent a dispatch, of the 1st Nov. with all diligence to the king; letting his majesty know that it would not be possible for him to protract the Marriage above 24 days, unless he should hazard the breaking of it, for which he had no warrant; but that this was no new resolution, nor the dom was like to fall in a general combustion; so desiring that his majesty should have obtained his ends, and have 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 Chris tendom; and, by his piety and wisdom, to have by several letters from the lord Conway, that prevented the shedding of so much Christian he might rest in the security he was, and sit blood, as he feared would ensue, if these busi-still, and should not be further questioned; yet nesses were disordered. These reasons he con- he hopeth your lordships will find him so free fesseth, and his zeal unto his majesty's service, from blame, that he shall need no Pardon: but made him so earnestly desire the effecting of he hath served his late majesty of blessed methis business: and he cannot but think himself mory, and his most gracious sovereign that now an unfortunate man, that his majesty's affairs is, with fidelity, care, and industry; and that being so near the settling to his majesty's con- your lordships will take such course, as you, in tent, as he conceived they were, and hoping to your wisdom, shall think fit, not only for the have been to his master not only a faithful but upholding of the honour and reputation of a a successful servant, to see the whole state of peer of this realm, after so many employ affairs turned upside down, without any the ments, but will likewise become humble and least fault of his; and yet be the only minister earnest suitors to his majesty on his behalf, on the English or Spanish side, that remaineth (which he humbly prayeth) that he may be under disgrace. restored to his majesty's gracious favour, which, above all worldly things, he most desireth." "XI. To the Eleventh Article the said Earl saith, That the said Article is grounded upon a Petition, preferred by him to this most honourable house, supposed to be scandalous; which your lordships, as he conceiveth, according to the custom 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 and 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. The Earl of Bristol's Answer being ended, the lord keeper demanded of him if he had any thing more to say. Whereupon the Earl complaining of the inequality between himself and the duke of Buckingham, and that, by reason of his restraint, he was disabled from proceeding against the duke, and that his counsel was disheartened to give him their free advice; be earnestly urged their lordships promise to make them both equal: and said, That his counsel informed him there was no treason in all the Charge against him, save only what came 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 he be further proceeded with likewise, that he might have liberty to examine his witnesses, and that Mr. Attorney might not take hold of any matter of form or legality to his prejudice. To this Mr. Attorney replied, "That he would not, but only insist upon the matter of the Charge ;" and desired, as the earl had done, "Having thus offered unto this high and that the house would direct the course how the honourable court such proofs and reasons as, witnesses might be examined, and the manner he hopeth, shall, in your lordships wisdom and of his further proceeding against the said earl. justice, clearly acquit him of any capital crime, The earl being withdrawn, the house agreed or wilful offence: if it shall appear that, out of to give his counsel encouragement for their error or judgment, too much fervency of zeal free and faithful advice to him; and it was to his majesty's service, or ignorance in the further ordered that the said earl should have laws, wherewith he hath not been able to be so liberty to go abroad in the custody of Mr. well acquainted as he ought, by reason of his Maxwell, the usher, to take the air for his foreign employments for the space of 14 years, health's sake; which was granted at his humor by any other ways or means, he hath fallen ble request. The Earl being called in again into the danger of the laws, for any thing par-was made acquainted with this order, as the doned in the general Pardon made in the 21st king's own consent, for which he returned his year of our late sovereign lord king James of majesty and their lordships his most humble England, of blessed memory, he humbly pray- thanks. eth allowance of the said Pardon, and the benefit thereof; with this clause, That he doth and will approve that he is none of the persons excepted out of the same; and though he is very confident that he shall not need the help of any l'ardon, having received several significations, as well from his majesty's own mouth, that he had never offended his majesty, as lately ANSWER to the Articles of Impeachment. While under impeachment the Duke was elected Chancellor of the University of Cambridge, which much offended the Commons, but pleased the King. See 2 Cobb. Parl. Hist. 164, 1 Rushw. 371 et seq. |