House of Commons Journal Volume 1: 27 February 1624

Veneris, 27o Februarii

Privilege.

SIR Edw. Gyles moves in the behalf of Sir John Elliot, who hath a Trial, to make Stay of it. -

Ordered, a Warrant shall go out.

Privileges of the House.

Sir John Elliot: - To have some general Tie of Secrecy here among ourselves ; which wanting in no Council, but this. - Again to petition his Majesty for the Continuance of those Favours our Ancestors have enjoyed.

Mr. Alford: - When Time serves will concur with this Gentleman, to leave this Place as free to our Successors, as they to us. - Magna Charta confirmed Thirty Times. - Opus hujus diei - Many Rocks will here fall out. - To avoid all Particulars. To have a select Committee, to draw a Bill: - 8 Hen. so by Bill: - And that after the old Fashion, without Preamble. - An Act declaratory; - these, and these, are our Privileges ; - And then to Petition the King, to give Royal Assent to it.

Sir Fra. Seymour: - To have a Review had of the Protestation concerning our Liberties. To sue for an Enlargement of our Privileges, not only in general, but in some Particulars : - That the Members of this House, any ways offending, may be punished here. - To have a Committee of Ten or Twelve, to take into Consideration, how far we have suffered in our Privileges.

Sir Rob. Philips: - Did not this Day expect this Proposition. - Popish Recusants will now both pray, and practise, the Disturbance of our Peace. The Eyes of Christendom on this Parliament. - To have our Ways so ordered that our Memory may not receive Obloquy and Prejudice in future Times. - This our Meeting not much less than a Miracle, and from miraculous Causes come somewhat more than reasonable Effects. In Gratitude bound to govern the Proceedings of this Parliament wisely, and obediently. The Prince now played the Part of the Son of Heaven, by mediating between Father and us. - To have a Committee appointed, how far unfortunate in some Pressures of our Privileges.

Sir Edw. Coke: - Hopes he shall give an End to this Question. - Lex et consuetudo Parliamenti; which we call our Liberties. Four Kind of Proceeding; By Bill: By Judicature : 3. By Petition of Right against Abuse: 4. A Petition of Grace. - To have all join in one Petition of Grace to his Majesty, not to dissolve the Parliament, without some Cause shewed us. - Freedom of Speech the Quintessence of the other Four Essences.- -

Sed malus interpres rerum, metus. -

To preserve our Liberties, but have no Contestation with our Sovereign. - Begin with Solomon's Arbitrament: "He, that shall repeat, separat *." Follow the wisest King ; Not repeat Particulars. - 1 Edw. granted an Aid, which they after thought against the Liberty of the Subject:

Desired, this might not be taken for a Precedent after : Which he granted. - To have a Committee select, of few, for this Business ; not above 12.

Sir James Perrot : - Thinks it not the Intention of those, that spake, to look back. Agrees, to have a Committee, to consider of a Way to maintain our Privileges for Time to come.

Ordered, That a Committee -

Sir Edw. Coke, Sir Rob. Philips, Sir Edw. Sands, Sir Fra. Barrington, Mr. Mallory, Mr. Alford, Sir Dud. Digges, Sir John Elliot, Sir Nath. Rich, Sir James Perrot, Sir John Savill, Sir Fra. Seymour, Sir Hen. Poole, Chancellor Duchy, Sir Walter Earle : These * appointed, are to take into Consideration the Liberties and Privileges of the House : - Monday, Court of Wards, Two a Clock.

Negociations with Spain.

Mr. Chancellor Exchequer makes Report from the Meeting of both Houses at Whitehall, Tuesday last. - This Task divided between him and Secretary Cottington. - Will neither add nor detract, as near as he can. - -Quickquid dixero, minus erit. - That Relation of that great Person will be disgraced by his Delivery, - Can hardly be said, whether the Matter exceed the Person, or the Person the Matter. - The Weight on him the more easy, because all present: Therefore craves Assistance by his Papers. -

The Duke thus began : My Lords Spiritual and Temporal, and you Gentlemen of the Commons House : - And so desired both Houses, that they would be pleased to pardon, if he did not orderly proceed in his Relation.

- Not the least Favour he had, to put him under the Protection of the Prince, without whose Help his Misfortune to speak in this Business. - Would freely discover the Truth of the Business to both Houses, without reflecting on the Persons of either King's Ministers. He thought, not to need to begin higher, than from his Negociation at Brussells: This the first Occasion of Mistrust of their indirect Dealings. -

Letter read, 3 Octo. 1622. When this Letter read, he beseeched us to take for truth what he said; and told us, that my Lord of Bristoll was now more directly commanded to press this : That my Lord did not put his Directions home : Gave out, he meant to come away. - This sent by Porter: Commanded, not to stay above Ten Days. - Went to Olivares; desired him to speed his Dispatch. - Asked him, what he wanted ; he told no more than promised ; that the King of Spaine should assist, or give way to our Forces. He replied, this a preposterous Demand. Porter speaking of the Marriage, told him, he neither understood the Marriage, nor a Word of it. - Told Bristo of this : - He exceedingly incensed: - Would make. -

Next day sent for Porter : - He had changed his Mind.

- Told him, why Olivares was so shy with him, because no publick Minister. - Went to Olivares again : who told him, he took it ill from him, that he should impart that he said to him, to Bristoll. Duke said, when he came into Spaine, found Olivares exceedingly incensed with Porter: - Hated the Ground he went on. -

Upon Porter's coming hither, he (Prince) resolved to go himself, because he found the King abused by Delays.

- A desperate Disease must have a desperate Cure. - The Duke acquainted the King with this : He at last yielded to it; and commanded the Duke to wait on the Prince. - When arrived at Madrid, first discovered to Bristoll. Duke met with Olivares in a Garden, where Olivares much magnified the Journey of the Prince: - Must be a Match, and divide the World between them. -

When his Majesty's Ambassadors heard these Words, they intreated the Duke to justify their former Advertisement to his Majesty. - Answered, these but general.

Next day King and Prince met; where, after many Ceremonies past, Olivares took Duke into his Coach ; where discoursed of the Marriage. - Would make it a Match, without the Pope. -

Duke answered, they were mistaken: Came not to bargain. - Prince settled in his Conscience: No Scruple in it. Then Olivares said, no Way, but to send to Rome

for a Dispensation. Duke assented. Olivares writ a Letter, which Duke perused : Found it very cold. Duke desired a Postscript -

This the Conde angry at: Swore, it could not be. The Duke told the Prince, they neither intended the Match, nor Palatinate : Wished, at home again. The Messenger sent to Rome. Then the Prince carried into the Streets, to see his Mistress go from Church. to Church. - Pressed a visit, but delayed from Day to Day. -

Duke understood an Order of the Council. -

At last Prince had a Visit: A strange one. - Not suffered to speak any thing, but what dictated : This Reason given, not known whether a Marriage, or no. -

Olivares told him, that if theDispensation come, should lie with her that Night; if not as a Wife, as a Mistress. -

After this, carried the Prince to a Monastery, to labour his Conversion: Desired him, not to be an Enemy to their Religion. -

Thought himself as like to convert her as she him. - Still pressed him to meet Divines. - Denied, for Three Reasons; 1. No Scruple in Conscience: . . Breed ill Blood: 3. The Infanta would take it ill, if found, so constant. - Still pressed him to it. -

The Dispensation came Six Weeks after the Prince's Arrival, but they concealed it Five Days. They then appointed Commissioners to treat; where the Prince and the Conde of Olivares, sent to School. -

The Prince understood, underhand, the Dispensation to be clogged : Enquired after it; and confessed to be true. - That the King of Spaine was tied to take an Oath, to see the King of England performed the Conditions; or take Arms against him. This strange. - Prince asked the King of Spaine, whether he could [take] this Oath, - Answered, could not, till some Assurance from England, Articles not yielded. -

A Juncto of Divines, to consider, whether the King of Spaine might take this Oath. -

Prince went on with the Com. Agreed on all Articles, but Three ; which he reserved, to content the King of Spaine.

Next Day came Two great Men to the Prince, and told him, unless he would . . to the Dispensation, as from Rome, they could do nothing: - Could alter nothing ; not false Latin, - . .... To juggle with him. -

Prince resolved to take his Leave. Olivares made Two Propositions ; to send to Rome, and to England. Prince accepted both : would go himself to England. Olivares desired him to stay Twenty Days. This the Prince much declined. -

Bristo and Olivares desired him to speak no more of his going : - Would break all. -

When consented to stay Twenty Days, Articles to be sent to England in all haste. They kept these Articles Three Weeks, with new Additions. Prince shewed them a Way ; the Oath of Queen Mary and Phillip. -

My Lord of Bristo digested these Articles in Six Hours. This Delay of purpose to obtrude some Article on him, not agreed on.

Secretary Cottington: - When these Articles were sent into England, the Junct of Divines declared, the Infanta might not be sent into England, till Spring following. With this the Prince much discontented: Resolved to break the Business. Another Proposition made. -

The Duke pressed the .. Olivares to a better Resolution. He desired him to go to a Council there near sitting. When he was going, he bade him ask this Question. -

When they saw him, all wondered. He put that Question, whereat they all stranged. At last, one bade him ask the Conde the Question. Went back again to Olivares; told him he had very good Answer.

Knocked with his Staff: They all came in : Where Olivares laboured much to make them understand. -

Bishop of Segovia told the Duke, that our King could not grant a Toleration without a Rebellion. The King of Spaine could not do it there. -

Duke answered, they sought a Rebellion : But this far from a Toleration. - That by Parliament, This by the King.

At this all amazed: Looked on Gundomar, who fell a commending our King. -

Gundomar said, that the Infanta was not to be sent over, till all put in Execution. -

At this the Duke much incensed. -

Gundomar took very ill, and after requited him. Olivares made another Proposition; that, if the Prince would accept of the Infanta at Spring, he should have a Blank for the Palatinate. The Prince, for some Reasons, accepted the Time.

The Duke (by way of Digression) said, he always spake by an Interpreter, whom he always brought. - Great Shew of Joy and Gladness at this Acceptance of the Prince. The Prince at last desired to have the Infanta along with him, for many Reasons: - The King much stricken in Years. -

Olivares said, the Duke had bewitched him with his Reasons : - Desired, the Prince might not know it. - To set a Day for it. -

The Infanta took this very ill. -

The Countess of Olivares persuaded his Highness to say, that he would rather stay Seven Years, than to go without her. -

Olivares swore at this.- -

Would give Order, for Disbursement of the Charge. -

After all this, Cottington returned to Spaine, with Letters, and a Command for the Prince to come away within One Month at least. -

Dejected to see these Dispatches. -

Would send him home with an Army. - That, the Prince answered, was worse than the Disease. -

The Duke told the -

That the Lord of Bristo laid a Wager with the Prince (a Ring of a 1000.) that he should not be able to go away before Christmas, This lost, and paid. -

Olivares, being demanded, whether the King of Spaine would join against the Emperor, answered, By no means. - Though he should beat them, or buffet them, must not meddle. -

Duke then answered, Here an End of all. -

Olivares confessed, that the Devil put in his Head to call the Juncto of Divines. -

Three Ways yet left: 1. That the Prince should be converted : 2. That they should freely deliver the Infanta: 3. By strict Conditions to bind the Prince Hand and Foot. Duke answered, they had chosen the worst -

Olivares said, if he were a private Man, would persuade the Match; or, if the King Thirty Years old, would make it a Match. - If the Duke would turn Catholique, should deliver the Infanta. - Now the Prince grown very cheap among them. After this, Duke went to Olivares; who said, now a Match. Duke answered, Hoped so; for Seven Years in Treaty. Olivares said, No; nor Seven Months. Olivares produced a Letter of the King of Spaine's. -

This they read over Five or Six Times : - Not suffered to copy them out; but after set down the Substance of [it,] in Writing. -

A Letter of the King of Spaine to Olivares, read; and another of Olivares to him. -

The Prince now leaves a Proxy with Bristo, and takes his Leave : Sends back again, not to deliver it, till further Order. The chief Reason was, that he understood. -

The Prince made Relation to the King, of all; who liked it well, but said, he would not marry his Son, with his Joy, - leave his Daughter in Tears. Duke observed, that the Treaties of Spaine only general. -

Then read a Copy of the King's Letter to Bristoll, after the Prince his Arriver, 8 Oct. 1623. -

A Copy of the Prince's Letter to Bristoll. -

The Earl of Bristoll's Letter read, 1 Novem. 1623. -

The Prince not sworn to comply with the Performance of the Proxy, but the Articles. -

Secretary Conwaye's Letter to Earl of Bristoll, read. -

King of Spaine 's Answer to the Third Memorial of the Ambassador. -

The King of Spaine's Answer to the Three last Propositions, read. -

Something desired to be explained. -

His Majesty now desires our Opinions, whether he shall trust to these Propositions, or trust to his own Legs.- -

Duke also declared, that he had late Advertisement from Sir Wal. Ashton, that our Ships had been stayed in Spaine.- -

When the Prince accepted of the Infanta's coming, hither, they stiled the Infanta Princess of Wales; but upon the deferring of the Powers, this taken away. -

A new Dispatch from my Lord of Bristo, by one Clarke, put the King in mind what to do; - to treat of the Business of the Palatinate, before the Match; This by the King's Proceedings here.

Solicitor: - We have heard this large and Exact Report of the former Conference. The Weight of the Business and Gravity of the House, require, not to proceed suddenly in it - Till Monday, to set all other Business apart.

Mr. Alford : - This Matter touches Two Points; Marriage, and Palatinate. We first to treat of the Marriage. - To take away all Fears and Rubs. - But if we once leave England, not good Englishmen. -

To have an Order entered, that the Matter we shall treat upon shall be only concerning this Marriage.

Sir Hen. Poole: - To refer the whole Consideration of this till Monday ; and no sitting To-morrow.

Ordered, That the whole Consideration of this Business shall be respited till Monday; and that all other Business shall be put off in the mean time, saving Committee this Afternoon; and the House to be adjourned till Monday.

Mr. Recorder: - To have an Order, that these Letters, made public, may be left with the Clerk; that any may have Copies of them.

Secretary Conway: - Hath the keeping of these Letters. - Must ask the King's Leave for leaving of them.

Ditto.

A Message from the Lords, by Serjeant Crue, and Attorney-general: -

Duke of Buckingham.

The Lords have sent down this Information, and Message: That, whereas they have been informed, that Complaint hath been made to the King, that the Duke of Buckingham, in his last Narration, did put that Dishonour on the King of Spaine, that there can be no other Expiation, but by his Head ; they have freely acquitted him, by a general Vote of the House, that he hath done nothing, but that in Honour to be done. They have thought fit to have a Committee to right him ; . . inform the King, that the Duke hath done nothing, but -

Sir Rob. Philips: - This Message concerneth my Lord of Buckingham. - Not any thing fell from him, that might reflect on the King of Spaine: If any Thing dishonourable, not the Duke's Fault, but the King of Spaine's Ministers. - And whereas no other Expiation will serve, but his Head; hopes, to see his Head on his Shoulders, when many 1000 of their Heads -

Let not us come behind the Lords in this. - To clear him here, by an unanimous Vote and Consent.

Mr. Alford: - To have some of our House join with the Committee of the Lords.

Sir Edw. Coke: - Nothing can serve to satisfy Spaine but the Duke's Head. - This a further End. - Duke of Buckingham did nothing there, but the Prince affirmed, and assented : And shall he lose his Head ? Never any Man deserved better of his King and Country: And shall he lose his Head ? - Mundi-marre, not Gundomar.

Sir Will. Strode: - If any Man can take Exception, Reason to take Consideration; but now no Reason to stay it.

Agreed, upon Question, by the General Vote of the House, that the Duke of Buckingham is acquitted from all Blame, for any thing that was delivered by him at his last Narration before both Houses; and that he hath merited a great deal of Thanks of this House, and the whole Commonwealth, for the same.

Mr. Recorder: - In our Answer to intimate to the Lords, that we also are very sensible of the Wrong to this . . ; and that we might both join to his Majesty.

Sir Geo. Goring: - This threatened my Lord Buckingham, long before he came out of Spaine, - Have waited an Opportunity a long Time for it; but could not, because of the Prince's Presence, and the Duke's. -

Member makes election.

Mr. Tomkins electeth to serve for Christ-church in Hampshire.

Duke of Buckingham.

Answer to the Message : This House hath taken into Consideration the Message : They have, with a general Vote, acquitted that noble Person from Blame; and that nothing let fall -

They are sensible of the Wrong done that noble Person, and this House: They resolve to take it into Consideration; and return Thanks to their Lordships, for their good Correspondence.

All the Privy Council of the House, Sir Ed. Coke, Sir Rob. Phillips, Mr. Recorder, Mr. Cooke, Sir Dud. Digs, Mr. Solicitor, Sir Hen. Poole, Sir Ed. Cecill, Sir Fra. Seymour, Sir Geo. Manners, Sir Ed. Sands, Sir Will. Strode, Lord Cavendish, Sir Geo. Goring, Sir Miles Fleetwood, Sir Fra. Cottington, Sir Nath. Rich, Sir Geo. Moore, Lord Percy, Sir John Elliott, Sir Hen. Mildmay, Mr. Alford, Sir Fra. Barrington, Lord Wrethsley: These are to take into Consideration the Dishonour done my Lord Duke, and this House : - This Afternoon, Three a Clock, Court of Wards.

Writ to be issued.

Sir Fra. Brandon: - To have a Writ go down, for a new Election, in Place of Sir Will. Gray, who is made a Baron. - Ordered.

Adjournment.

This House doth adjourn itself till Monday, Eight of the Clock.