which was in Nov. 1621, and his going into Spain, in May, 1622, he first gave an Account, as is aforesaid, of his embassage, to both the houses of parliament; and moved them to be as effectual as was possible for the supplying of his maj. and that the money might be wholly employed for the succour of the Palatinate. The parliament being dissolved, he solicited, with great care and industry, the settling of some course for the supplying of the Palatinate; and his maj. was persuaded to maintain 8000 foot and 1600 horse under his own standard, and in his pay, in the Palatinate, and to establish a certain course for the due payment of the said army: and the lord Chichester was upon his, the said earl's motion, sent for out of Ireland; and he, the said earl, by his majesty's commandment, took care of his dispatch. In this estate the said carl left this affair at his departure towards Spain, in 1622, nothing doubting but all things would have effectually and constantly been pursued, according to the order which was settled and resolved on at his departure. On his arrival at the court of Spain, he presently proceeded according to his instructions, pressing the business of the Palatinate as effectually as could be, and faithfully laboured, and effected from time to time, (as far as the point of Negotiation) all the particulars that were given him in charge; as will appear by his late majesty's letters upon every particular occasion. And, if by accident, such as the marquis of Baden, count Mansfelt, and the duke of Brunswick's receiving each of them an overthrow that summer; or by neglect, or ill-ordering the affairs there, (whereof his late maj. so far complained to his son-in-law, as to give order for the withdrawing of his forces, as will appear by his majesty's letters of the 3d of June, 1622, as also by his letter to sir Horace Vere and the lord Chichester, if there were not a speedy redress) those businesses have miscarried, the earl bopeth he shall not be liable to the blame, it having no relation to 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 maj. was pleased, by many several letters, upon several occasions, to signify his gracious acceptance of his service, as in his letter of the 24th of Nov. 1622, from Newmarket, writing as followeth, viz. "Your dispatches are in all points so full, and in them we receive so good satisfaction, as in this we shall not need to enlarge any further, but only to tell you we are well pleased with the diligent and discreet employing of your endeavours in all that concerneth our service; so are we likewise with the whole proceedings of our ambassador, sir Wal-neither will nor industry; but that he hath, ter Aston. Thus we bid you heartily farewell."-And afterwards his maj. was likewise pleased, in his letter of the 7th of Jan. 1622, a little before our gracious sovereign lord the king, then prince, his coming into Spain, to write as followeth, viz. "Concerning that other unfortunate knotty affair of the Palatinate, to say the truth, as things stand, I know not what you could have done more than you have done already."-And whereas it is ob jected, that the Palatinate should be lost by the hopes he, the said earl, gave by his letters out of Spain, it is an objection of impossibility for there was nothing left but Manheim and Frankendale, when his first letters, out of Spain, could possibly come to his late majesty's hands; for he did not begin there to negotiate in that business until August, 1622; and about that time Heidelberg, and all but Manheim and Frankendale was lost; and Manheim he had saved by his industry, had it not been so suddenly delivered, as is by his maj. acknowledged, by his letter of the 24th Nov. 1622, writing thus, viz. "And howsoever the order given to the Infanta, for the relief of Manheim, came too late, and after the town was yielded into the hands of Tilly; yet must we acknowledge it to be a good effect of your negotiation, and an argument of that king's sincere and sound intention."-And Frankendale being by the said earl's means once saved, was again the second time saved merely by his the said earl's industry, in procuring a letter from the king of Spain, dated the 11th of Feb. 1623, whereupon followed the Treaty of Sequestration, which hath since continued: and he the said carl was so far from bindering succours, by any letter or counsel of his, that he was the solicitor, and, in great part, the procurer of most of the succours that had been sent thither, as is formerly set down: and when his royal maj. that now is, arrived at the court of Spain with the duke of Buckingham, they found the said business of the Palatinate in so fair a way, that the Spanish ministers told them the king should give his late maj. a blank in that business to frame his own conditions, as appeareth by his late majesty's letter of the 8th Oct. 1623, as fol loweth, viz. Our son did write to us out of Spain, that 'that king would give us a blank in which we 'night 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 carl 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 alleged, the said earl hopeth your lordships will be satisfied, not only that he wanted with all true zeal and affection, and with his own means, faithfully served their majestics 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 rocured in that behalf: and both he, the said arl, and sir Walter Aston, were so confident hat the business would be ended to his late naj.'s satisfaction, that, in a joint dispatch to is said late maj. of the 23rd of Nov. 1623, fter his now majesty's return into England, hey wrote as follows:-"We hope that your naj. may, according to your desire, signified o me the earl of Bristol, by the letter of the th Oct. give to your majesty's royal daughter, his Christmas, the comfortable news of the near expiring of her great troubles and sufferngs; as also unto the prince, your son, the congratulation of being married to a most exellent 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 maj. 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; either could he have done otherwise with honesty or safety. And he further saith, That he hopes he gave were not upon slight and sain intelligence, but, as well in that of the Match, as the other of the Palatinate, his adFertisements were grounded upon all the asurances, 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 desireth may be read, if the length of it may not displease: the substance of it being to shew by all the engagements 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 might 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 maj. then prince, in their hands: and with this dispatch the said earl acquainted his maj. that now is, then in Spain, before he sent it. And his maj. upon the reading of it, was pleased to say, That the carl had proceeded with so much caution and care, that, 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 appear to this most hon. court, That bilst the treating of that business was in his hands, he proceeded in it, not only with care and industry, but with some measure of vigincy. For the clearing of an objection that will 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 maj. That the business of the Marriage was brought to a happy conclusion; whereupon his late maj. was pleased to give order to the said duke and earl to proceed in other business, which his said late maj. would not have treated until the Marriage was concluded; as will appear by a letter of his late maj. jointly to the d. of Buckingham, and the said earl, of the 23d July, 1623. 2. It will appear, by letters of the lord Conway to the d. 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 maj, and the d. 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 maj. and that king took their leaves, the king of Spain did solemnly protest, on the word of a king, faithfully aud punctually to perform all that had been capitulated in the Treaty of the Marriage; and hereupon embraced his maj. at his departure: and the very next day sent a letter unto his maj. all written with his own hand, and protesting to make good all that he had capitulated or promised to his maj. at his departure the day before; so that if there were no true meaning on the part of Spain to make the Marriage, as by Mr. Attorney is pretended, yet certainly the said earl hath not been slightly deceived: neither can it be, as he conceiveth, any fault in lin; since not only his late maj. but his maj. that now is, and the d. of Buckingham, being then both upon the place, did confidently believe, (aud that upon other grounds than the informations, suggestions, or persuasions of the said earl) that the Marriage. was really intended; and to that effect, both his late maj. and his maj. that now is, after his return into England, wrote unto him, the said earl, several letters, assuring him that their intents and pleasures were to have the said Match proceeded in: and thereupon the powers of his maj. then prince, were again renewed, and sent unto the said earl; so that the said earl having so many and so great causes to be assured that the Match was really intended on both sides, he conceiveth it will be hard for Mr. Attorney to make good that part of his Charge, wherein he affirmeth, That the carl should know the contrary, or give assurances upon false grounds, as in the said Article is alleged." viz. That the portion should be two millions it appearing that it was so agreed by the late king of Spain, the present king's father; that the dispensation coming, the despensories should be within 40 days after, and the Infanta's de parture from Madrid should be within 20 day after that: and that don Duarte de Portiga should be the man that should attend the In fanta in the journey: and all other particular 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 con sulted with that king, and the 2nd of March 1622, O. S. the conde de Gondomar and the se cretary don Andreas de Prada, were appointed to come home to the house of the said earl, t signify unto sir W. Aston and himself, (as the did) that the king of Spain had declared his re solution in all the particulars, and given then II. To the Second Article the said earl saith; "That he did not falsely, wilfully, or traiterously, 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 maj.'s instructions or directions; nor intended to bave continued the said Treaties upon generalities, without reducing them to certainties or direct conclusions; nor did therein any thing to the dis-order to come to a speedy conclusion with honour of his said late maj. or to the danger or detriment of his maj.'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 reason of the pope's new demands sent into England by Mr. Gage, were not signed nor condescended unto by his late maj. nor his maj. that now is, then prince, until the 5th Jan. 1622, and then were sent away post out of England to the said earl by Mr. Simon Digby, who arrived with them at Madrid in Spain, about the 25th of the same month: but the earl's care was such to have no time lost in the settling the temporal articles, that before he would condescend (so much as de bene esse) unto the articles of religion that they should be sent back again unto Rome, he procured the king of Spain to promise that within the time limited for the procuring of the dispensation (which was by March or April following at the farthest) all the temporal articles should be settled and agreed; to the end the Infanta might be delivered at the spring, as, by the king of Spain's answer in writing, was declared to be that king's intention; and accordingly sir W. Aston and the said earl did, not in general, but most industriously, labour to settle all particular articles, (as they did most of them,) them of all things: and that king's answer t that conclusion the earl saw and read, all writ ten with the said king of Spain's own hand.On the 7th of the same month of March, th king's maj. then prince, and the duke of Buck ingham, arrived at Madrid, and then the Spa niards took new hopes, and the negociation wa put into a new form; so that where it is object ed against the earl, that he entertained and continued the Treaty so long upon Generali ties, he conceiveth it is not meant of the spiri tual articles, for they were such as were sen from Rome to England, and from thence the came to the earl; and for the temporal arti cles, they not being to be settled or treated til the articles of religion were concluded, he con ceiveth it cannot be alledged with any colour that in them his maj. was entertained with ge neralities; since from the time that the said articles of religion were brought unto the sai carl by Mr. Simon Digby, being about the 25t of Jan. there were but 6 weeks until the 7th o March following, when his maj. then prince arrived in Spain; and in the interim all the abov specified particulars were settled: and the time that hath been spent in this Treaty hath not bee through his the said earl's default, in continuing upon generalities, without pressing to particu lars, but hath been caused as well by difficultie 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 o Spain, without the least fault of the said earl's as is acknowledged by his late maj. in the said earl's instructions of the 14th March, 1621; ne ther could any delay therein be attributed unt him the said earl, for he was employed in those times into Flanders and Germany; and sir W Aston and sir F. Cottington, for the space o 3 or 4 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 6 months before his maj.'s coming into Spain; and he was so desirous to see his naj then prince, bestowed, that he pressed no be two mill f the said in's own hand- e entertained a neant of the ght unto the s tled: and the swell by difficut 145] PARL. HISTORY, 2 CHARLES I. 1626.—to the Articles of Impeachment. [146 thing so much, both to the king and the prince, we also wish you not to trouble yourself with That which will be necessary for his maj. presently to do on his maj.'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 maj.'s resolution with all possible speed.' And the said earl saith: That having received from his said late maj. 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 will never judge a good and faithful servant by ressing to pa one month's longer time, for theprocuring of theter terms, and therefore I deal clearly with your dispensation, until he had first acquainted his highness; and do not only most humbly per with it, as a said late muaj. therewith, and received his suade, but, on my knees, beg it of you, that wars of Bobe directions under his own hand; as will appear you either resolve to conclude this Match as of the late by his said majesty's letters of the 25th Oct. you may, or speedily to break it off, and be t of the said e 1622, as followeth :-"Right trusty and well be stow yourself elsewhere; for no less than the te maj. in the loved cousin and counsellor, we grect you happiness of your kingdoms, and the security March, 1691; heartily well. Whereas by your last letters of the king your father and yourself, depend be attributed "many; it in Spain; written to our secretary, dated 29th Sept. you upon it.'-All which things being considered, the earl most humbly submitteth himself to the judgment of this most high and hon. court, whether those delays, which several accidents have brought forth in this business, can be at were upon Rome, than we have already limited unto you,tributed to his fault; since, on the one side, he ers can expect in case they shall there conclude all things else hopeth it will evidently appear unto your lord med this buss naj's coming to our contentment, with a resolution to send ships, That he ever moved his maj. and the prince to admit of no delays, but rather to think of some other course; and, on the other 11 th continuing of sir Rob. Maunsel's fleet upon coasts of Spain, as will appear by his lette written from Vienna, 26th July, 1621, menti oned in the Answer to the first Article: by a which it will appear that he laboured and en might be well prepared for any occasion of wa which should happen; and he no way remem bereth to have discouraged, or to have spoke or written any thing that might have been un derstood to have tended to the discouraging his said late maj. from the taking of arms o entering into hostility against Spain; or for re sisting of him or his forces from attemptin the invasion of his said late maj.'s dominions or the dominions of his late maj.'s confederates friends, or allies, as by the said Article is charg ed against him; nor remembereth that he hat had any cause so to do: but if he hath in an kind spoken or written of Spain, or the powe of it, it may have been to his late maj. or t his maj. that now is, by way of discourse speaking of the solidness of the Spanish pro ceedings, of their serious and deliberate debat ing of business before they resolved on them and of their constant pursuing of them wher they were once resolved; wishing that England and other nations would berein imitate them for that he supposed the right way to impede he pressed things with the ministers of Spain to as speedy a conclusion, as the utmost terms of fair negotiation and good manners would bear. And whereas it is pretended that the Spaniards should take occasion, by entertaining the said Treaties, to abuse his late maj. (which he know-deavoured, as much as in him lay, that his ma eth not) yet he saith, That he used all the industry and vigilancy that a careful minister could do, and got from the Spaniards all the assurances, by oaths, words, and writings, which could be expected from Christians, the which he faithfully, without adding or diminishing, represented unto his said maj.; and his said maj. in those times, was pleased to conceive upon those assurances, that they dealt really with him: and he conceiveth that his maj. that now is, then prince, and the d. of Buckingham, were pleased to write as much to the late king's maj. 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 maj. with some measure of vigilancy, as well as fulness of fidelity." III. To the Third Article the said earl saith; That he did not, either by word or let-the Spanish greatness, was to grow as wise as ters to his late maj. or his ministers, extol or magnify the greatness or power of the king of Spain; nor represented to his late maj. the supposed dangers, that would ensue unto him if a war should happen between bin 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 Spain, or represented any dangers to his late maj. that might ensue, by entering into hostility 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 maj. 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 parliament presently upon his return out of Germany, That he hoped his maj. would rely no longer upon single treaties, but make all fitting preparations for a war, and that the parliament would enable his maj. thereunto:' and by the care he took before his going again upon his ambassage into Spain, that the establishment of an army, under his maj.'s own standard, of horse and foot, and in his own pay, might be fully settled and provided for, as likewise his advice to the lords of the council, that his maj. might have a curb upon the king of Spain upon all occasions, by they, and to beat them at their own weapons but, otherwise, he is confident he hath never been heard to speak, or write, any thing that might give any terror or discouragement to his late maj. or his chief ministers; knowing that England need but little fear the power of Spain, having almost in all attempts and enterprizes won honour upon them. And as for his representing the dangers that might ensue upon a war, though he knoweth 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 faithful 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 maj.'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 persou 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 there unto." "IV. To the Fourth Article the said ear! |