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saith;-That he did not any thing contrary to Answer to the 7th Article: and for further his duty and allegiance, or contrary to the faith proof thereof he saith, that in the whole Treaty and trust of an ambassador, as by the Article with Spain he ever stood stricter in point of is alledged; but did endeavour the service and religion than by his instructions he needed to honour of his late maj. and no corrupt or have done, as will appear by the testimony of minister ends of his own, or his own advance- sir W. Aston, and his dispatches 12th Dec. ment, as by the Article is alledged. And as 1622, and other dispatches, which he desireth for the conference which is pretended he may be read: and as for counselling or persuading should hold concerning the Treaty, that being to set at liberty Jesuits or priests, he utterly detold there was little probability that the said trea- nieth to have done any such thing, as before he ties would or could have good success, and that hath answered; although it be true that the emhe should acknowledge as much; and yet say that bassage of Spain being far different from employhe cared not what the success thereof would be, ments in other places, where there is a body of but that he would take care to have his instruc- our reformed religion, and where his maj. hath tions perfect, and to pursue them punctually; and kindred and allies, whereby his maj.'s ministers would make his fortune thereby, or words to that may be informed of the necessary occurrents effect; he doth not remember to have held any of state, without the help of a priest or Jesuit; such discourse, though it is true, that the time but in Spain there being none but Romanhath been, many years since, when he thought Catholics, nor any other manner of correspondthe Match very unlikely to be effected, in re-ency or intelligence but by them, the ambas gard 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 maj. 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 of 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 maj. 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 maj. should marry with a lady of his own religion, as hereafter mentioned in his

sadors 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 inake use of priests, Jesuits, and all other sorts of men, unless it be such as be proclaimed rebels; and divers times the ministers employed in Spain, to gratify some whom they there employed for the king's service, as he believeth, at their particular suit, moved his maj, 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 maj. 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 laws against them, he saith, That his late maj. was engaged by the Treaty of Madrid in 1617, in divers matters concerning religion, as likewise by promises to the conde de Gondomar, and his letters to the king of Spain, of the 17th April, 1620, wherein he is pleased to promise some particulars in favour of Roman-Catholics, as by the said letter will appear. And, notwithstanding the said earl had sufficient warrant, under the king's own hand, to assure the king of Spain, that whatsoever was agreed in the said Articles, or in the said letter, his maj. would sincerely perform; yet the said earl was so cautious in that point, that when, for the conclusion of the Match, the other articles of religion being all agreed, it was pressed by the Spanish ministers, that a clause, if convenient, might be inserted, with protestation, that the form and way thereof should be wholly left to his maj.'s wisdom and clemency; and that his maj.'s Roman Catholic subjects should acknowledge this grace only to come from the king's mercy and goodness; yet the said earl would not condescend or assent thereunto, but only de bene esse, as by his letters to Mr. Sec. Calvert, bearing date 8th Oct. 1622, will appear; thereby to give his maj. time to take it into consideration, before he would engage or

bind him in this point. And the said earl saith, That he did not by letters, or otherwise, ever counsel or persuade his late maj. to grant unto the Papists and professors of the Romish religion, a free toleration or silencing of the laws made and standing in force against them, but ever protested against any such toleration; and when any such proposition hath been offered to be made in Spain, he hath ever refused so much as to give ear unto it, or to suffer it to be propounded; although it be true he hath since seen a writing touching Pardons, Suspensions, and Dispensations, for the Roman Catholics, bearing date 9th Aug. 1623, signed by some of the lords in England, wherewith he was never acquainted; but it was treated and concluded by others with the Spanish ambassadors here in England, whilst the said earl was in Spain; neither was his advice or counsel in it, for if he had known it he should have protested against it, as far as with duty and good manners he might have done. And so the said earl leaveth it to your lordships, to consider of the difference betwixt the conditions of the Treaty of Madrid of the 12th Dec. 1622, concluded by him and sir W. Aston, and of those which were after concluded here in England, expressed in the said writing; which is ready to be shewn to your lordships if in your wisdoms it shall so seem fit; and then he doubteth not but your lordships will judge the said earl to be very unfortunate to be charged with an Article of this kind."

"VI. To the Sixth Article the said carl saith, "That he gave not any false information or intelligence concerning the Treaties, in the said Article mentioned, either unto the late king, or unto his maj. that now is, then prince; neither doth he know that his late maj. by hopes taken from his the said earl's assurances, or by jealousies or suspicions from the delays in the proceeding with Spain, was enforced for the speedy conclusion of these Treaties, or to the intent to discover the ill intention of the king of Spain and the emperor, to take his journey into Spain, as by the said Article is supposed; for the said earl saith, That the assurances which he gave his late maj. and his maj. that now is, concerning these Treaties, were such as it had been dishonesty and breach of his duty and trust, for him to have held back; being the same that were given him by the emperor, and the king of Spain, and their ministers, upon as great assurances as can pass betwixt ministers of princes in the like cases: and as for the delays of Spain, they could never be so ill, and with so little colour complained of, as at the time of his maj.'s coming thither; for that a certain time was, before then, prefixed for the coming of the Dispensation, viz. in April 1623, at the furthest, which was the next month after the prince's arrival at Madrid; and the desponsories were to have been within 40 days following, and the Infanta to begin her journey into England within 20 days after: so as 3 months patience longer would have shewed the issue of the business, without

putting the person of the heir apparent of the crown into so imminent hazard for the trying an experiment; and it is an odd kind of argument, that, because the Spaniards were suspect ed to have dealt falsely, and so the less to be trusted, therefore the person of the prince should be put into their hands to try conclu sions; but the truth is, that though that was made the pretended ground and occasion of the journey, it was neither the assurances of the said earl nor the jealousies of Spain, but other motives, that were the original cause of his maj.'s said journey; as shall be sufficiently made appear in due time: and the said ear having got an inkling thereof, by something that was let fall by the conde de Gondomar to that purpose, instantly dispatched away Mr Gresley to his late maj. to have the journey prevented; who, upon the confines of France met his majesty and the d. of Buckingham on their journey towards Spain, and told them as much: so that although he confesseth what is said in the said Charge to be true, viz. That, by the said journey, the person of the prince and the peace and safety of this kingdom did undergo such apparent danger, as, at the remembrance thereof, the hearts of all good subjects do tremble; yet the blame of it is due to the authors and advisers of the said journey, and not to the said earl: and although it pleased God, to the exceeding great joy and comfort of the said earl and of all good men, to send his gracious maj. home with safety; yet never was the person of any prince, upon such grounds, exposed to so great a hazard; and in such cases, not the success but the counsels ought to be considered."

"VII. To the Seventh Article the said earl saith, That he did not move nor persuade his maj. then prince, to change his religion, neither in the manner in the said Article mentioned, nor in any other manner whatsoever; neither did he conceive that the Charge in itself, as it is laid, will, in any reasonable construction, bear any such inference as is made thereupon; so as he conceiveth he needeth not to make any further or other Answer thereunto; yet that it may appear that the motion he made unto the said prince was not traiterously, falsely, or cunningly, or without ground, nor to any such intent as in the said Article is supposed; and to manifest unto this high and honourable court, how far he was from any such intention, he saith, That he doth acknowledge that within few days after his majesty's coming into Spain, whilst he had that great honour to have his maj. 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 de 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 maj. being all alone in a withdrawing room in

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the said earl's house, the said earl kneeled unto unto his maj. bearing date the 9th Sept. 1622; him and told bin, That he had a business to so that although it be true that the said earl did impart unto him which highly imported his not dissuade his maj. (for there was no cause maj. to know, so he might be sure his boldness for it) yet without expecting his maj.'s Answer, therein might be pardoned, which his majesty he first made a true and clear profession of his graciously promised; and thereupon the said own religion; and when his maj. had declared earl told his majesty, That the general opinion unto him his zeal and constancy, he humbly bein the court was, that his majesty's coming sought him that the Spaniards might not, for any thither was with intention to be a Roman respect, be held longer in any hopes in that Catholic, and there to declare it; and con- point.--And because a point of religion is that fesseth that, at the same time, in regard of which all men of honour and honesty should those things which he had heard, he humbly chiefly desire to clear, especially having impu besought his maj. to deal freely with him, as tations of that nature laid upon them, as the with a servant of whose fidelity he might be said earl bath in the said Article; he humbly confident, or words to that effect; but he was beseecheth your lordships that he may not seem so far from persuading his maj. to be a Roman to digress from the Charge, in tendering to Catholic, that, without expecting his majesty's your lordships satisfaction in that articular, Answer, he declared himself to be a Pro- not by the aforesaid verbal discourse only, testant, and so should always continue; yet, (which he protesteth was with much zeal to rehe said, he would serve his majesty, and la- ligion, and dutiful care to the prince, in that bour to advance his and the king his father's kind) but by some written testimony of his for affairs, with as much fidelity and honesty as mer opinion; both to the Match and Religion, any Catholic whatsoever: and his majesty when he was first employed into Spain for the was pleased then to make unto the said earl treating of this Marriage in 1617: for his late a full and clear declaration of his religion, maj. having commanded him to give an Account and of his constant resolution therein; and thereof unto his maj. that now is; he, at his seemed to be much displeased that any should departure towards Spain, presumed to give have so unworthy an opinion of him, as to unto his maj. his opinion in writing, signed with think he would, for a wife, or any earthly his own hand, to be kept as a testimony of his respect whatsoever, so much as to waver in future actions; the copy whereof is this that his religion: whereupon the said earl besought followeth." [Here follows the said Opinion.] majesty to pardon his boldness, and then "Besides which declaration of the said earl's intreated him not to suffer his business to be opinion, he hath all his life, in all places, lived overthrown, by permitting that conceit of his, and avowed himself a Protestant, never having conversion any longer to remain in the Spani- done the least act that was not suitable to the ards, nor to do any thing that might give them same profession; and that in all his foreign emhope therein, alledging, that it was impossible ployments, for the space of fourteen years, of the Marriage could be without a dispensation, more than 500 persons of all qualities that have and so long as the Spaniards, who were to pro-attended him, there was never any one percure this dispensation, should have the least verted in his religion, save two Irish footnien, ementioned, hope of his conversion, they would rather clog who in Ireland had been bred Papists: aud be 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

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ake any fart agreed upon with the said earl and sir W. divinity-reader in Magdalen-College in Oxon,

vet that it a de unto the s falsely, or c to any such

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Aston. At which time his maj. was pleased to (all of whom were his maj.'s chaplains in Spain) approve of his opinion, and said, he would ex- as well for the frequent use of the sacrament, pect the dispensation; and did thereupon after- and constant profession and exercises of reliwards send Mr. Andrews to Rome to hasten it.gion; and the testimony also of such catholics And the next day the said earl dealt very as are known to have been his ancient acquaintnourable co roundly with the said conde d'Olivares and ance and friends, and to examine them upon Gondomar, telling them, It was a discourteous manner of proceeding, to press his maj. beyond the conditions which had been formerly agreed upon in point of religion; and to make his condition the worse for the great obligation he had laid upon them, by putting himself into their they estranged themselves from him for a long time after. And that the said earl did thus

h intention, dge that wit Ding Our to have have so m ministers, th

oath, whether either publickly 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

opinion in hands: whereat they took such offence, that be also examined, whether in extremity of se

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Daving that proceed with the condes, and that this is not science with them towards God, and made a of his majest objection, but that which really and indeed Protestant and a good Christian."

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“VIII. To the Eighth Article the said earl his late maj. before his maj. that now is came saith:-That he did not at any time, or in any ut of Spain; and were first there shewed | place, endeavour to persuade the prince to

change his religion, and to become a Roman | the said earl doth, as he conceiveth, carry litCatholic, or to be obedient to the usurped au- tle strength to prove the charge of persuading thority of the pope of Rome; neither did the of his maj. either in regard of itself, or indeed said earl, to that end or purpose, or otherwise, in regard of his maj.'s piety." use unto his maj. then prince, the words in the "IX. To the Ninth Article the said earl saith, Article mentioned, viz. "That the state of That there was a discourse in Spain, of the way of England did never any great thing, but when accommodating the prince Palatine's affairs; they were under the obedience of the pope of and, by way of discourse, it was moved, That Rome, and that it was impossible they should the marriage of his eldest son with a daughter do any thing of note otherwise," as in the said of the emperor, and his son to be bred in the emArticle is charged: but the said earl acknow-peror's court, would be the fairest way for paciledgeth, that upon occasion of a letter, which fying and accommodating those businesses; and came to his maj. then prince, putting his maj. the earl, by way of such discourse, and not otherin mind of the great actions of his royal proge-wise, did say, That he thought his late maj. would nitors in the Holy Wars; and that the great kings not be averse, either to the said Match, or the of those times did not only employ their forces, breeding of the prince Palatine's son with the embut, in their persons, went into the Holy Land; peror; so as thereby the whole patrimonial estate the earl believeth, that, by way of discourse of the prince Palatine, with the dignity electoonly, and not otherwise, he may have said, ral, might be fully restored; that his son might that in regard of the difference of religion, it be brought up in his own religion, and have were of more difficulty to undertake such great such preceptors and such a family as his said actions now than in former ages; and it might late maj. and his father, (meaning the prince well be instanced in the present Treaty of Mar- | Palatine) should appoint, and they to have riage, wherein the pope's consent was to be free exercise of their religion; for so his late obtained; and to this effect, and upon the like maj, had often declared himself to the said grounds, he was confident there were very many earl, and wished him to lay hold of any occa that have, nay few of nearness about his late sion for entertaining of any such proposition; maj. that have not, often heard his maj. say, and otherwise than so, and upon the terms that he was the true martyr, that suffered more aforesaid, and by that way of conference and for his religion than all the princes of Christen- discourse only, he delivered not any opinion to dom besides; instancing in divers particulars, his maj. at his majesty's being in Spain; for but especially in that he could not match his the said earl is very confident that his maj. children with kings of their own rank, without was returned out of Spain, before any propothe pope's leave: but the said carl saith, That he sition was made for the said Marriage, other never alledged any such thing to other purpose, than by way of discourse, as aforesaid; the than to shew that only conscience and love to sainc, as the said earl believeth, being first truth, (in which regard protestants suffered moved and debated on, by way of proposition, much) and not any temporal respects, made us here in England, betwixt Mr. Sec. Calvert constant and zealous to the profession of our and the embassador of the king of Spain, about religion; by which discourses he ever attributed the 2d of Oct. 1623; and his late maj. upon much to the sincerity and honour of the pro-relation made unto him by a letter of Mr. Sec. testant religion; but never used it as an argu- Calvert, approved of the proposition, and dement to persuade, as in the accusation is insi-clared the same to be the only way, as he nuated. Besides, he conceiveth, that, by way of Answer thereunto, the same question may be asked which his maj. was pleased to ask of the said earl in the 7th Article, viz. What the said earl saw in his maj. 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 maj. is; as though the soul of a christian prince was to be wrought upon, in point of truth and belief, by temporal and world y respects of conveniences and greatness. It were necessary, for proof of this assertion, 'The earl's persuading his maj. 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 satisfaction in point of religion; other

supposed, with honour, to accommodate those great businesses; and wrote to that purpose to his son-in-law, the prince Palatine, by his letters, dated 19th Oct. 1623, a copy of which letter, together with a copy of Mr. Sec. Cal vert's relation, the lord Conway, by his late majesty's commandment, sent unto the said earl.-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 maj. 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 re

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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 accommudate 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 anister 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 maj. and his father, and he and his doinestics to have the free use of their own religion, to be a matter of impossibility, or of such dangerous consequence in point of religion, as to imply his conversion, as by the 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 Treatics 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 maj. or his maj. that now is, then prince, which he could understand not to be countermanded, or, by precedent or future instructions, otherwise explained. And for the better manifestation of the truth of his proceedings in and concerning the same, he saith, That 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 bim, 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 maj. 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 maj. and to his maj. 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 maj. and his maj, that now is, then prince, such satisfaction, as they were pleased to dispatch a post presently unto him, absolutely discharg ing him of that commandment; as by their several letters, dated the 8th of Oct. 1623, will appear;-hereby the said earl was absolutely freed from that commandment; and being so freed thereof, he then remained under the order which his maj. then prince, had left with him at his departure; which was to procced 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 commandment he readily and punctually obeyed: and for such his intention, till he was so countermanded, he conceived he had not only sufficient warrant, but had highly offended, if he had done otherwise: for, 1. For his proceeding to consummate the Match he had warrant and instruction un der his late maj.'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 maj.'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 maj and his maj. 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 maj.'s let ter of the 8th Oct. 1623, will appear. 7. The powers were to that end left in his hand, and renewed again after his maj.'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 the deferring of the desponsories, 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 dos

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