Proceedings in Parliament 1624: The House of Commons. Originally published by British History Online, 2015.
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WEDNESDAY, 3 MARCH 1624
I. JOURNAL OF THE HOUSE OF COMMONS, PA, HC/CL/JO/1/12
[CJ 676; f. 16v]
Mercurii, 30 Martii, 210 Jacobi
L. 1a. An act for confirmation of the assurance of certain Lands sold by Sir Thomas Beaumont, knight and baronet etc., to Sir Thomas Cheke, knight.
Agreed, Sir Robert Crane, having taken the oaths, shall come into the House and receive the communion the next Sabbath; upon question.
SIR D[UDLEY] DIGGES moves for the report from the conference yesterday, that we may be ready for the Lords, against the time this morning, appointed by the Lords.
SIR JOHN JEPHSON. That one chosen for Liverpool, who in town, but has not received the communion, and doubts will not, nor take the oaths.
Agreed, he to be sent for, and then further order to be taken upon his answer.
SIR EDWARD COKE reports from the conference, that the Lord Keeper first spoke, and that apte, acute et ornate, opening first the desire of the Lords of all fair correspondence with this House. That commanded to acquaint this House with a supplement, and the Lords opinion. The supplement in 3 parts: first, concerning the treaty of the match; secondly, of the Palatinate; third, of an heroical act and resolution of the Prince, which the Lords thought fit to communicate to us, and we to all the Kingdom.
- [1.] That the first motion of the match proceeded from the Duke of Lerma, as signified by Bristol, 30 Januarii 120 Jac.
- 2. For the Palatinate, where the King had promised arms if not obtained by mediation, Conde Olivares had promised Spain should join in arms if mediation prevailed not.
- 3. That in August last, a rumour in Spain that the Prince would steal away, whereupon the Prince knowing, if intercepted, he should be imprisoned, directed a message [f. 17] there that though he had stolen there for love, would never be so base as to fly away for fear.
That Graham coming for England at that time, the Prince willed him to tell the King that if he heard he were stayed in Spain he should give him lost, think no more of him, but reflect his thoughts only upon his sister, and her issue. Vicit amor patriae.
For the commandment from the King to their Lordships, they were all resolved the King should no longer rest upon this treaty, but dissolve it:
- l. Because of inconvenience of religion.
- 2. Nor the honour of the King.
- 3. Nor of his safety.
- 4. Nor of his children. Thinks he said grandchildren.
That the Lords desired the resolution of this House in this point; so as straitened to this point, contrary to expectation.
That himself related to the Lords that, upon consultation here, unanimously resolved to break both the treaties.
Thereupon, moved the Lords to join with us in petition to his Majesty, as speedily as might be, to declare his resolution to our comfort and the comfort of kingdom, allies, etc. That he never knew any petition from both Houses refused by the King.
That the Lord of Canterbury, first, thanked God, for opening the King's eyes; secondly, thanks to the King, for asking our advice; thirdly, to the Commons, for so jumping with them almost in eisdem verbis. That they had intended the same motion to us as we to them, for moving the King, to which end, they had appointed a committee of 24, to consider (if his Majesty shall so think fit) of setting down the reasons of our advice to his Majesty.
That he desired we might have a sight of the letters by which appeared the motion of the match with Spain and offer of joining in war, if no mediation.
That the Prince desired expedition.
These 48 [sic] to go up presently to the Lords, and there to confer with the Lords about setting down the reasons for our advice to the King.
Sir D[udley] Digges and Sir Robert Phelips to make the report back.
SIR EDWARD GILES tenders some reasons for this business, which read.
SIR EDWIN SANDYS. That all these in the former.
Ordered, no copies to be given out of our reasons.
Bill for drunkenness, in the Court of Wards, at 2 of the clock this afternoon.
L. 1a. An act for continuance of a former statute, made 40 Jac., entitled, An act for the true making of woollen cloths, and for some additions and alterations in and to the same.
L. 1a. An act against the exportation of wool, woolfells, woollen yarn, fuller's earth and fuller's clay.
[f. 18] L. 1a. An act to enable the most excellent Prince Charles to make leases of parcel of the possessions of his Duchy of Cornwall.
[CJ 677] MR. [JOHN] GLANVILLE reports from the committee of privileges yesterday. First, for Bletchingley: ordered, that warrant to stay, if not gone already. Secondly, for Winchelsea, between Sir A[lexander] Temple, and Mr. [John] Finch. That the mayor (if the allegations true) much misbehaved himself. No warning, as usual. 2 Tildens refused; threatened them. Accused Sir A[lexander] Temple of popish recusancy, and that he was allied to the arch-recusants of England. The mayor's letter.
Paul Wymond, the Mayor of Winchelsea within the county of Surrey, to be sent for by a messenger.
Upon question, ordered.
MR. [JOHN] GLANVILLE brings in 2 bills, for regulating of inns and against abuses in levying debts.
L. 1a. An act concerning women convicted of small felonies.
L. 1a. An act for avoiding of vexatious delays by removing causes out of inferior courts.
Bill against customers' fees to be prepared and brought in.
L. 1a. An act for the abbreviation of Michaelmas term.
L. 1a. An act against such as shall levy any fine, suffer any recovery, knowledge any statute, recognizance, bail or judgement, in the name of any other person or persons, not being privy thereunto.
L. 1a. An act to enable justices of peace to give restitution of possession in certain cases.
L. 1a. An act against secret offices and inquisitions to be taken on his Majesty's behalf to the prejudice of his subjects.
[f. 18v] L. 1a. An act concerning the new-erecting and ordering of inns.
L. 1a. An act concerning hostlers and innholders.
Mr. [William] Denny and Mr. [John] Glanville, Mr. [Humphrey] Were, Mr. [John] Whistler, Attorney of the Wards, Mr. Whitaker, Mr. [Nicholas] Duck, Mr. [John] Bankes and Mr. [Thomas] Whatman, Mr. [John] Carvile, to prepare, and bring in, a bill for the assize of bread of all sorts. These, or any 4 of them, to meet and perform it.
L. 1a. An act for restraint of abuses in levying of debts for common persons in the name, and under the prerogative, of the King.
The engrossed bills to be put to the question for passage tomorrow, and as many other to be set forward as may be.
Bill of monopolies on Saturday in the afternoon at the former place.
MR. ATTORNEY OF THE WARDS moves every Saturday in the afternoon may be for continuance of statutes, and the rest of the time to be for reading of private bills.
SIR EUBULE THELWALL moves for a committee to draw a bill against those which take out writs of habeas corpora and, under pretext thereof, travel into the country, and live as it were at large.
|Sir Eubule Thelwall||Mr. [William] Denny|
|Mr. Attorney of the Wards||Mr. Whitaker|
|Mr. [John] Bankes||Mr. Serjeant [William] Towse|
and all other lawyers of the House, or any 6 of them, to draw a bill against the abuse in suing out habeas corpora, as aforesaid.
II. JOURNAL OF THE HOUSE OF COMMONS, PA, HC/CL/JO/1/13
[CJ 725; f. 25]
Mercurii, 3 Martii
L. 1a. [Sir Thomas] Cheke.
SIR EDWIN SANDYS. Sir Robert Crane to be admitted into this House, though he have not received the communion.
Agreed, upon question, and to receive the next Sabbath.
SIR JAMES PERROT. Not to break the order.
SIR JOHN JEPHSON. One chosen by Liverpool for a member of this House that will neither receive nor take the oath: Sir Thomas Gerrard.
Ordered, he shall be sent for and then further order to be taken, upon his answer.
SIR EDWARD COKE reports from the conference with the Lords yesterday. 2 rules of making of reports:
The Lord Keeper first began, apte, distincte, ornate. Said he was directed to open this conference to the House of Commons. Commanded to acquaint this House with 2 special:
Fittest to begin with the supplement. Divided into 3 parts:
- 1. Concerning the marriage.
- 2. Palatinate.
- 3. An heroical act and resolution of the Prince, which they thought fit to communicate to us and we to the whole kingdom.
For the first, observable the first motion proceeded from that state, the Duke of Lerma, 3 January 1614, signified by my Lord of Bristol. For the Palatinate, said that the King of Spain promised to use arms if mediation did not prevail; this also signified by my Lord of Bristol. Concerning the honour of the Prince, in July last, Prince said, in August a rumour in Spain that the Prince and Duke would steal away. Hearing of this, [f. 25v] addressed a message to the committee that although he had stolen to come there for love, yet would not steal away for fear. Graham then coming for England, told him that if he should hear he was stayed, bade him go to his father and bid him think no more of him (for he lost), but desire him to reflect his royal thoughts on his sister and her children. Sic omnes unus amores vicit amor patriae. So concluded that part.
Then came to the opinion of the Lords and said that the Lords had taken 3 into consideration:
Said the Lords, upon mature consideration of this, were all resolved the King should not rely upon this treaty any longer. 4 causes:
- 1. Did not stand with conveniency of religion.
- [2.] Honour of the King.
- 3. Safety of himself.
- 4. Nor the safety of his grandchildren.
This was the conclusion. Now my Lords desired to know our resolution in this great negotiation and business, they having but generally touched things. Did signify our resolutions. Told them, we had duly considered and deliberately [CJ 726] consulted and maturely, unanimously resolved, nullo contradisente, that 2 treaties should be broken off. Imitate the counsel in the Book of Judges: "Consider, consult and give sentence." Then made a motion to them to join with us in petition to his Majesty that he would be pleased to declare his royal determination in the great business to the great comfort of all his loving subjects at home and all his friends abroad. Such petitions never denied.
Then my Lord of Canterbury gave a threefold thanks:
- 1. To God, that had laid the matter so plain before the King.
- 2. To the King, that he had asked our advice.
- 3. To the House of Commons, for concurring with them in their desires, in iisdem verbis: "You and we 2 eyes and hands to see and act what good for the kingdom." For the motion, said we had prevented them.
The Lords have appointed a committee of 24 to meet with us, to confer together, to the end that, if his Majesty shall think fit, we may set down our reasons to satisfy his Majesty, the kingdom and the [f. 26] whole world.
Then himself took the boldness to desire a sight of those letters mentioned. Answered, we should see them at a committee. Told them that our number too little to meet them at this time: must resort therefore to the House. The Prince desired it might be this morning in the Painted Chamber.
SIR WILLIAM STRODE. Somewhat more to have been said by a member of this House, Sir Dudley Digges.
SIR DUDLEY DIGGES. No greater ambition than to do this House service. The House commanded him to deliver his own motions at this conference; his colleagues pressed him to omit it.
A chain of thanksgiving. Saw the greatest thing. To appoint hereafter who shall speak, and not to leave.
[f. 26v] These 48 [sic] are presently to go up into the Painted Chamber and there to confer with the Lords about setting down of our advice to the King.
SIR EDWARD GILES produces certain reasons, which were read.
Ordered, no copies of these reasons shall be given out.
Bill of drunkenness in the Court of Wards, this afternoon, 2 o'clock.
SIR WILLIAM STRODE comes back from the committee to know who shall make the report.
Ordered, Sir Dudley Digges and Sir Robert Phelips shall make the report to the House from this conference.
L. 1a. An act for true making of woollen cloths.
L. 1. An act against exportation of wools, woolfells, woollen yarn, fuller's earth and fulling clay.
L. 1a. An act to enable the most excellent Prince Charles to make leases of certain lands, parcel of his/
MR. [JOHN] GLANVILLE offers a report from the committee of privileges concerning Bletchingley and Winchelsea. 2 petitions from Bletchingley: one [Henry] Lovell pretended to be duly chosen; a cross petition that Mr. Lovell had miscarried himself. Sir Miles Fleetwood, double-returned, waived Bletchingley. To have him report to the House. That the going forth of the warrant for Bletchingley, until the business be ended at the committee/
Ordered, to be stayed, if not gone already.
[f. 27] Winchelsea also questioned. Sir Alexander Temple complained. No opinion given at committee but proved by 3 witnesses that Paul Wymond notably misdemeaned himself in this business. Fit to have him sent for.
Proved there that never any assembly to be there under 24 hours warning: here warning but overnight against next morning. Kept them from 7 o'clock until 12 and would not read his commission. After, threatened them and bade them be gone. Charged Sir Alexander Temple to be popish and allied to the arch-recusants of England. Then, after this, they certified for Mr. [John] Finch. Mayor got Sir Alexander Temple's letters, broke them up and concealed them. The committee thought fit this mayor should be sent for.
MR. [EDWARD] NICHOLAS. To have him sent for by a friend, and not as a delinquent.
Ordered, the mayor of Winchelsea shall be sent for by a messenger.
MR. [JOHN] GLANVILLE prefers 2 bills, of inns and hostelries, and another for levying debts in the name of the King.
L. 1a. An act concerning women convicted of small felonies.
L. 1a. An [act] for avoiding vexatious delays by removing causes out of inferior courts.
Customers' fees to be prepared.
L. 1a. An act for the abbreviation of Michaelmas term.
L. 1a. An act against such as shall levy any fine, suffer any recovery/
L. 1a. An act to enable justices of peace to give restitution of possession in certain cases.
L. 1a. An act against secret offices and inquisitions to be taken on his Majesty's behalf to the prejudice of his subjects.
L. 1a. An act concerning new-erecting and ordering of inns.
[f. 27v] L. 1a. An act concerning hostlers and innholders.
SIR ARTHUR INGRAM. He and another member commanded by this House to give thanks to Doctor [Isaac] Bargrave and to desire him to put his sermon. He returns humble thanks to this House for making choice of him and will presently put his sermon forth.
L. 1. An act for restraint of abuses in levying of debts for common persons in the name, and under the prerogative, of the King.
Mr. [William] Denny, Mr. [John] Glanville, Mr. [Humphrey] Were, Mr. [John] Whistler, Attorney Wards, Mr. Whitaker, Mr. [Nicholas] Duck, Mr. [John] Bankes, Mr. [Thomas] Whatman, Mr. [John] Carvile: these, or any 4 of them, to bring in a bill for the assize of bread of all sorts.
The engrossed bills to be put to the question of passing tomorrow; and other public bills to be secondly read tomorrow.
Saturday, for the bill of monopolies, same place.
ATTORNEY WARDS. To have some time appointed in the afternoon to read private bills.
Saturday next, and every Saturday, appointed to read the bill of continuances and then to proceed with private bills.
SIR EUBULE THELWALL. To have some appointed to draw a bill against those/
|Sir Eubule Thelwall||Mr. [William] Denny|
|Attorney Wards||Mr. [William] Whitaker|
|Mr. [John] Bankes||Serjeant [William] Towse|
Any 6 of them, or any other lawyers of the House, to draw a bill against the abuse of habeas corpus.
III. DIARY OF JOHN HAWARDE, WILTSHIRE AND SWINDON ARCHIVES, 9/34/2
Mercurii, 3 Martii 1623
Bill pur assurance de terres vend par Sir Thomas Beaumont.
SIR EDWIN SANDYS. Pur Sir Robert Crane deste receve in le Huise devant le sacramente receve. Sur question et debate que cy.
SIR JOHN JEPHSON. Pur Sir Thomas Gerrard refusante de vener al le Huise. Deste commande par messenger.
SIR EDWARD COKE. Pur le reporte. 2 rules of makinge reportes:
Lord Keepers spake apte, distintcte, ornate. Commanded to acquaint this House:
[p. 171] Duke Lerma, 3 Januarii 1614, promote le mache, and dassister ove armes si treatie ne pas effecte.
In August, a rumour in Spain that the Prince and Duke would steal away. Retorne message al committee la: nor act so base a thinge. Par Graham, si oye me stayde, tell the Kinge let gyve me lost and looke upon my sister. Sit omnnis unus amor, vicit amor patriae.
Les seignours, thirdly, choses in consideracion:
Resolve pur tout 4 causes:
Desire notre resolucion. Ambideux treaties dissolve and broaken off; touts de joiner in peticion al Roy pure speedy et publike declaracion de cest al comforte de touts subjectes et allies et amies abroade.
Lord Canterbury thanks al Roy, al Prince, al Commons. Not coole mes goe one ove alacritie et celeritie.
[p. 172] 1. L. Bill pur vere fesant de woollen clothes. Pur continuer le former act de 4 Jacobi.
1. L. Bill pur restrainer l'exportcion wool, woollen yarn, woolfelles, fuller's earthe et fullinge claie.
1. L. Bill pur enabler Prince Charles de faire leases de terres del Duchy de Cornwall.
Garrante pur Miles Fleetwood's election deste staie tanquam le cause soit decide.
Winchelsea, le maior sente for come delinquent sur question.
1. L. Bill pur femes convicte de pettie offences.
1. L. Bill pur avoydante delayes in petite causes hors d'inferior courtes deste remover par brief ou autrement.
1. L. Bill pur abbreviacion de Mich[elmas] terme.
1. L. Bill envers leviant fines, sufferent recoveries, de conus statuts, recognizance, bailles et judgements in autre nosme. Felonie, sans clergie ou sanctuary, mes nul forfeiture de dower ou corrupcon de sange.
1. L. Bill pur inable ju[stices] de p[eace] de doner restitucion in certain cases.
[p. 173] 1. L. Bill versus secrete offices et inquisitions sur behalfe del Roy al prejudice del subjectes.
1. L. Bill pur novell erectinge et orderante de innes.
1. L. Bill touchante ostelers et innholders.
Ascuns assigne de faire autre bill pur assise de breade, ou 4 de eux.
1. L. Bill pur remediant les recoveries de dettes in nosme del Roy par assignmente et sur le prerogative le Roy.
Tomorrow engrossed bills to be read, et autres de like nature to have a 2nd reading.
2x messengers al committee si le Huise staiere: Sir Arthur Ingram et [Mr. John] Glanville.
Monopolies: le committee Saturni proximus.
ATTURNIE DEL GARDS move pur oier private bills Saturday in the afternoon, et order.
SIR EUBULE THELWALL. Pur bill versus persons in execucion pur dette et libertie et issint scorne lour creditors and paie null dette.
SIR CHRISTOPHER HILDYARD. Bring bill with them par lancyente order del Huise.
IV. DIARY OF JOHN HOLLES, BL, HARL. MS 6,383
Thursday [sic], the 4th [sic] of March
SIR EDWIN SANDYS moved that Sir Robert Crane, new come out of the country from his wife being sick, and having taken the oath, should be received into the House upon promise of receiving next Sunday.
SIR JAMES PERROT opposed it, wishing to stand upon the old orders.
SIR HUMPHREY MAY would not have us stand so precisely upon old orders as that we that made them should not be masters of them.
And so he was brought in.
Complaint was made against Sir Thomas Gerrard, chosen burgess for Liverpool in Lancashire, that he had been long in town, came not to the House, for he would neither swear nor receive, being an obstinate recusant.
MR. [WILLIAM] MALLORY moved the town might be fined for choosing such a man.
But it was ordered that he should be brought into the House and tendered the oath.
SIR EDWARD COKE. Report of the Lords' reasons for breaking the treaties:
- 1. It stood not with conveniency of religion.
- 2. Nor with the honour of the King.
- 3. Nor with the safety of his children.
[f. 90v] The Lords appointed a committee of 24 to join with a committee of our House to set down the reasons to satisfy the King, kingdom and Christian world why the treaties should not hold.
A bill for abbreviating Mich[aelmas] term, to cut off the first fortnight and the two first returns.
V. DIARY OF SIR THOMAS JERVOISE, HAMPSHIRE RECORD OFFICE, 44M69/F4/20/1
Wednesday, 3 March
The report of Whitehall conference by SIR EDWARD COKE. That the Lord Keeper was commanded to open this conference that the two Houses might hold correspondency. Supplement 3 parts: the first, the marriage; second, the Palatinate; third, the heroical adventure of the Prince.
First proceeded from the Duke of Lerma, 10 Novembris 1614 [sic]. [Second,] whereas the King of England did protest to obtain the Palatinate by arms if not otherwise it could not, which Lerma [sic] promised the King [of] Spain should help. [Third,] the Prince, upon the rumour, though the[y] had stolen into Spain for love, yet he would not do so base a thing as to steal away for fears. The committee had taken into the[ir] consideration three things. [p. 34] 1. The Lord[s], upon mature deliberation, did resolve not to hold any longer treaty for 4 causes:
- 1. For religion.
- 2. The preservation of the King's honour.
- 3. The safety of the state.
- 4. The preservation of the King's children.
Concerning the match: a committee appointed to go and confer with the Lords in the great business.
[p. 35] At the conference with the Lords in the Painted Chamber
Two reasons why the Lords desire this meeting. Two things concerning the marriage, renouncing their own ambassador.
Sir Robert Cotton. In January 1614, the ambassador desired to come to his house. The ambassador showed Sir Robert certain instructions.
The Duke of Buckingham said that the Low Countries was promised to the King in marriage but after the Spanish army had good success in the Palatinate, the proposition vanished and was never more treated of. He added that the strength of Spain consisted in the garrison and army he had abroad, that the payment of those forces came from the Indies and that the security of that fleet was by gaining whether the Low Countries or England [p. 36] who were master of the sea.
Sir I[saac] Wake delivering a relation of the marriage of the Duke of Savoy with Catherine, the last Philip's daughter. He was promised a great portion but never received any, and contrary wise had taken from him other rights that did belong to the dukedom; and at last, being himself engaged in person in a war, the King of Spain sent to his daughter to deliver up his chief castle to some of his ministers, which she, discovering to her husband, her father did never give her his blessing more.
At the great committee of courts of justice this afternoon
Against my Lord Keeper for [Edward] Throckmorton's cause.
Mr. [John] Glanville. If a man will complain of a judge for injustice, he must complain of the process as the cause then stands in the said court.
[p. 37] Sir William Strode. If a man come into this court and complain against a judge for any injustice, may deliver his petition into this court and we have power to give ease to the party grieved.
You cannot condemn a judge of injustices but for what appeared to him.
This cause put off until this day sevennight. Counsel assigned to Throckmorton.
New petition. The petition of George [Morgan], a merchant. It was thrown out of the House.
VI. DIARY OF JOHN LOWTHER, CUMBRIA ARCHIVE CENTRE, CARLISLE, DLONS/L/2/1
[3 March 1624]
The bill of clothing read and the forfeits given to searchers and power. First read.
The bill for wools, woolfell and fuller's earth to be kept at home.
Nota, the keeping too many trades besides husbandry begets upon the decay of the trades infinite number of beggars, and so hurtful.
A bill for the Prince to make leases of the Duchy of Cornwall, in respect that Duke is formally disabled for 3 lives or 31 years rendering rent ancient or the 20th part.
Winchelsea mayor misdemeaned himself to pack [Mr.] John Finch against Sir Alexander Temple, to be sent for as a delinquent.
Bill, women felons under 10s. to be burned in the hand etc. provided no [illegible].
A bill to stay habeas corpus to remove petty causes.
[f. 19] Ordered, that the Clerk of the Court of Parliament shall make entry to whom every bill is delivered upon committee to the end they may not be lost. First read.
Bill for Michaelmas term to be cut off a fortnight in the beginning 3 Septimanas. First read.
15 days of return in dower and [?time] of entry, as in personal actions. First read.
Bill for fines and receivers in others names felony, no corruption of blood nor loss dower.
Bill to give justices of peace power to deliver possession, as in face, to ejectant upon chattel. First read, not to fight.
Bill for secret offices not to be found, whereby men are ejected to be entered in the county book with the day of execution or church or void, cave proviso, if the order by assent less they exclude a party.
Bill to allow inns only by justices of peace or assize, and suppress new inns. First read.
Bill for hostlers and inns repeal statute E. 3, R. 2, 4 H. 4, 13 H. 8, and to sell at reasonable prices, to keep the assize. First read.
[f. 19v] A bill to prevent assignments of debts to the King to trouble the subject with prerogative. First read.
VII. DIARY OF SIR NATHANIEL RICH, ADD. 46,191, BRITISH LIBRARY
[3 March 1624]
At a conference in the Painted Chamber
There is a diminution of sovereignty by treating and capitulating for the subjects of another prince to alter religion.
That if the King of England would not execute the capitulations agreed on, the King of Spain should swear to take arms against the King.
Lord Archbishop. 2 reasons of the conference: first, to communicate some omissions; secondly, that reasons of our advice be set to give his Majesty satisfaction if he should call for them.
2 things concerning the marriage. First, what was done with Prince Henry in that treaty which first moved from them. At last, they renounced their own ambassador. Secondly, that unless he would be a Catholic, no marriage. Secondly, [sic] when Prince Henry died, how it came to pass it was set afoot for this Prince by the ministers of Spain, especially the Duke of Lerma.
Ready to show the practices on which they depend. Nothing but practice to entangle the Prince. Therefore, read my Lord Digby's relation to the Earl of Somerset, 1612. Proposition of marriage by the ministers of Spain. In March 1611, he speaks of his own knowledge.
The only difficulty disparity in religion. Not to be accommodated but by the Pope. But this, by our ambassador, is committed to the care of the King of Spain. The King depended on none but the King of Spain. A month before, he had conference again with the Duke of Lerma about this business. Answered, that the King of Spain was engaged but propounds a young daughter, so as religion might be accommodated. So a plain juggling and so expostulated because this first moved from the Spanish ambassador, whom they renounce and excuse. But this strange, for kingdoms are not dividable. September 1611, this juggling treaty ended.
Duke of Lerma propounds to Digby a marriage with the second daughter, but as a private gentleman he declares his opinion that a daughter of Savoy adopted and a portion accordingly given might make a fit match for Prince Henry. Lerma respites to confer of his proposition until the King had answered the proposition of his second daughter. The King answers for the second answer; moves a declaration of that clause of accommodation of religion. Answer, that the Prince would become a Catholic. He would not for the world hazard the perversion of his daughter.
[f. 17v] The Archbishop notes the disavowing of the ambassador for the first treaty, who did avow it: my life is the King's, my means the King's, but my honour is mine own. Secondly, notes this motion of the 2nd daughter ends because the Prince would not be a Catholic. The ambassador had a good suit.
Sir Robert Cotton. 20 January 1614. Gondomar sends Berry to have leave to see his rarities. He showed him letters and instructions. He exchanges for a treaty of H. 7. Comes again to him, 27 January. Told him we had a treaty with France favoured by the Earl of Somerset. Prays Sir Robert Cotton to sound him. So he did. Then, 12 February, he came again, having first acquainted secretly the King. Sir Robert Cotton asks whether he had any order. He shows him a letter from the Duke of Lerma and instruction signed by the King. 13 February, Sir Robert Cotton goes to him, tells him [blank]. 16 March, ambassador comes to him, prays him to labour Somerset to be Spanish. 23 March, Cotton goes, tells him Somerset believes the ambassador has order but fearful to undertake it; prays to be resolved in some doubts and rubs. 9 April, Cotton brings 3 propositions privately framed by his Majesty: first, verbo regis; secondly, fide Christiana; thirdly, that nothing to the prejudice of religion in this kingdom. 1. That the King of Spain should in verbo regis protest that he desired this above all other matches and meant sincerely. What, says the ambassador, will you doubt the faith of so great a King? Yes. H. 8 15 years abused with the treaty of his 2 marriages, one with Mary, his sister, the other with Mary, his daughter, both [?deluded]. Charles the 5th and his 2 grandfathers, Ferdinand and Maximilian.
Mary, H. 8['s] daughter, 300 thousand pounds in bribes. 1519, Charles the 5th acknowledged the empire from H. 8, 1519 [sic]. 1522, Charles the 5th, in [St.] Paul[']s, married Mary and likewise swear a league to war against and to divide France. Then Charles 5th breaks this by a Parliament.
2nd proposition of Sir Robert Cotton, that the King of Spain would swear in the faith of a Christian fide Christiana because of their principle fides non est servanda cum hereticis.
Thirdly, that he should meddle with no matter of religion. Monsieur and Charles of Austria desire but Sacellum sine scandalo. Privatum sacellum in aula Regia sine scandalo and all their proposition in fine yielded unto. On this, Berry is sent into Spain. This from April to June.
[f. 16v] On the 10th of June, the ambassador sends for Cotton, opens the packet before him. There was 14 in number:
Then a letter he puts a packet in his bosom (fair play [sic]); then a letter from the King of Spain, which imported the notes of an overture from Count, Somerset and Cotton. But refers to the Duke of Lerma's letter. He says the King did sincerely desire it. Secondly, believed that he might marry, notwithstanding difference of religion. Thirdly, desires no more than a private chapel; 2 priests would serve the turn. No more than the ambassadors usually.
Then the King of England appears in it but would not treat until this first treaty concluded with France. The Spanish ambassador prays it may be cum conniventis priv actur quam notum. Sponsalie et matrimonium: sponsalia in Spain. Matrimonium here. This discourse held in generals. Then, 9 July, he drew a form of a treaty. In the 4th article, he put in a dispensation from the Pope which the King would not endure. In September, the King says the treaty of France is not ended. The King sends for Cotton, tells him that Gondomar's letters was counterfeit.
Sir Robert Cotton's relation brings us to August 1616. Then had Digby, [by] commission, to treat with Gondomar about this match. So in August next, 8 years since commission given to treat about it. Then was Sir Richard Weston's negotiation spoken of and he commended for his honest carriage in that business, being the first that discovered their juggling. This negotiation to be extracted and both Houses to be acquainted with it.
Lord Archbishop remembers the letters which inform that the King of Spain would assist by his arms for the Palatinate. This not read but left to be read in our House. A remembrance of Prince's heroical answer: omnes unus amores vicit amor patriae.
Then Sir Edwin Sandys begins to declare our reasons. Dishonour to God in his religion, diminution of sovereignty.
Buckingham says Gondomar offered the title of the Low Countries but in Spain they would not speak of it. He says the King of Spain has many countries not to be kept but by arms, those arms not without money; that money nowhere but from the Indies, and that could not be except they were masters of the sea, which they could not be unless they were masters of the Low Countries.
Then came in Sir Isaac Wake's report tending to the discovery of the juggling of the Spanish treaties in the treaty with the Duke of Savoy.
[f. 15v] Notes at the report by [Sir Dudley] Digges and [Sir Robert] Phelips. The Prince told us that Digby coming through the Archduchess's countries and requiring a full restitution of the Palatinate from Spinola, he answered, yes, if we would help reduce the rebels of the Low Countries. This did Gondomar also in direct words tell Buckingham that no marriage unless we would join to reduce the rebels of the Low Countries to the crown of Spain. This confirmed by a relation of my Lord Chamberlain in a private discourse of his with a minister of Spain. The Prince says that his father being laboured in it, the King answered he found them a free estate and so would leave them.
Then he reports Sir Edwin Sandys's reasons. First, that the King, by this treaty, would suffer a great diminution of sovereignty in working upon a great party of the King's subjects to depend on foreign princes. And this article of religion so far pressed that the King of Spain should swear to take arms against the King. This to be enforced in that all our papists are Jesuited which Spanish [sic]. Secondly, while we treat of love, their cannons thunder against the towns of the Prince's children.
Mr. Treasurer informs of conference with Gondomar. Told him that they had overbid him for France: had offered only two hundred 40 thousand pounds; they offered 600 thousand pounds. Gondomar told him that they matched not for to amend their blood nor any other respect, but only to advance the Catholic cause; they would give not only £600,000 but their whole Indies.
Sir Isaac Wake reports Spain set the Duke of Savoy a work to try the waters. The Duke of Savoy treated for a marriage with Prince Henry and his daughter. Don Isidore, his confessor, sent into Spain to the divines: denied a dispensation. Then sen[t] to the Pope Paulus Quintus, who granted it, and for religion she should do her best when she was married. This Duke of Savoy, after his father's death, treated for a marriage. 800 thousand crown dowry, that diverse territories, etc., should be delivered and the investiture of the Duchy of Milan. [f. 14v] Then the Duke invited into Spain. He goes privately into Spain. Entertained with honour by the favourite. Advised to stand upon no capitulations but put himself into the King of Spain's [hands]. Under the Infanta's pillow, he should find all. So he did. When he came into Italy, he expected the portion. Nothing but interest assigned out of Naples. No territories. 30 thousand crowns pension, 60 thousand crowns out of the silks retrenched. While he in war with France, the Spaniard enticed the Duchess to deliver the citadel. She refusing, could never get her father's blessing.
VIII. ANONYMOUS DIARY, KENNETH SPENCER RESEARCH LIBRARY, UNIVERSITY OF KANSAS, MS E237
SIR EDWARD COKE made report to the House of what my Lord Keeper and my Lord of Canterbury delivered the day before at the committee of both Houses, which he said consisted of two parts: the one a supplement, the other a narration of the Lords' advice resolved on.
That the first treaty of the marriage proceeded from the Duke of Lerma in January anno 1614, and afterward it was promised, so as the marriage might proceed, that the King of Spain would join in arms with us if they [sic] would not restore it upon treaty.
That the Spaniards cast out a report that the Prince meant to steal away, which, when he heard, he sent a message to the Spanish committee to let them know that as he came there for love, he would not do so base an act as steal away for fear; and withal, dispatched away Graham and willed him if he heard his Highness was stayed, that then he should deliver this message to the King, that his Majesty should not now look no more after him as a son but look to his own safety and state, and his care reflect upon his sister.
That the Lords had resolved to advise the King to break off this treaty, finding it utterly against the safety of our religion, our state, honour and the King's children, and that the Lords desired to hear our opinions, which was in a manner the self same words with theirs.
[f. 99] My Lord of Canterbury said that we had great cause to render all possible thanks to almighty God that he had put it into the heart of the King to require our advice by Parliament, and that both Houses should join in thanks to the King for it, who, no doubt, would resent from further treaty since he saw now how he had been abused. That a fountain had but one head, so this head was the King, and so as afore.
That all the papists had as much dependency upon the King of Spain for all temporal matters as on the Pope for spiritualities.
That in the Pope's dispensation to the King of Spain for the marriage, besides many other things, it was clogged with one precise article that the King of Spain should take a precise oath that if he could not procure a freedom and toleration of the popish religion to the papists of England by the marriage, that then the King of Spain should compel the King of England to it by arms.
IX. DIARY OF EDWARD NICHOLAS, TNA, SP 14/166
Wednesday, 30 Martii 1623
An act for confirmation of certain lands sold by Sir Thomas Beaumont, Lord Viscount Beaumont, and his lady in the kingdom of Ireland to Sir Thomas Cheke, knight. r. p.
It is ordered that Sir Robert Crane, having been absent by reason of sickness that he was not at the communion Sunday last and having taken the oaths of supremacy and allegiance, shall come into the House on his promise to receive the communion Sunday next.
It is ordered that Sir Thomas Gerrard, being chosen for Liverpool in county [blank], shall be sent for.
SIR EDWARD COKE reports from the conference yesterday with the Lords, that the Lord Keeper said he was directed to open to this committee, vide plus, in the conference yesterday.
SIR DUDLEY DIGGES said that he holds obedience better than the sacrifice of any discretion of his own in the businesses of this House. [f. 44] He said that he did not deliver that which he was appointed by the House yesterday to have done because it was the general opinion of the committee appointed for that business that he should not deliver it; and also, when he heard those supplements which were at the conference delivered, he thought he could not give the Prince thanks without taking notice of them, they being of the greatest consequence of all, and he could not take notice of those supplements to give thanks for them without presumption on this House. He prayed the pardon of this House for declining the order of it and desired it may be a warning to all others not to do the like hereafter, and that it may be an express order that whosoever shall digress from the order of this House may be called to the bar to answer their omission or presumption in such kind.
The House does pardon Sir Dudley Digges and approves of his motion for such as offend in the like.
There is a committee of 48 of this House now appointed to meet with 24 of the Lords concerning the conferring and setting down of the reasons of the resolution of both Houses that it is fit our King should break off both the treaties, that of the match with Spain and that concerning the restitution of the Palatinate. The place of meeting is in the Painted Chamber.
An act for continuance of a former statue made in 40 Jacobi, entitled, An act of the true making of woollen cloth, with some additions and alteration to the same.
[f. 44v] An act against the exportation of wool, woolfell[s], woollen yarn, fuller's earth and fuller's clay. 1. L.
By this, it is made felony in all such as shall wittingly or willingly export any wool, woolfell, etc., or be wittingly or willingly aiding or assisting or consenting to the exportation of any wool, woolfell, etc. Proviso for the inhabitants of Guernsey and Jersey, who shall from certain ports in England transport wool to the quantity of 900 tod. per annum. This bill is to be of continuance until the next sessions [sic] of Parliament. Dormit Lords.
An act to enable the most excellent Prince Charles to make leases of lands parcel of his Highness's Duchy of Cornwall. r. p.
By this, the Prince is enabled to makes leases for 31 years or for 3 lives, or for more years determinable upon 3 lives. r. p.
MR. [JOHN] GLANVILLE reports from the committee of privileges, that the committee received a petition against the mayor of Winchelsea by Sir Alexander Temple, complaining of many misdemeanours in the mayor in the election of the burgesses of that town.
It is ordered that the mayor of Winchelsea shall be sent for by a messenger, but not as a delinquent.
An act concerning the women convicted of small felonies.
An act for avoiding of vexatious delays [f. 45] in removing of any petty causes out of any inferior courts.
An act for the abbreviation of Michaelmas term. Dormit Lords.
By this, there shall be but 6 returns in Michaelmas term, and the first of them shall be called tres Septimanas, and the returns of Octabis Sancti Michaelis and quindena Sancti Michaelis shall be cut off after Michaelmas next, when this bill is to begin to take its force.
An act against such as shall levy any fine, suffer recovery, acknowledge any statute, recognizance, bail, etc., in the name of any other person with the privity/
By this, such delinquent shall suffer death as a felon. r. p.
An act to enable justices of peace to give restitution of possession in certain cases. r. p.
An act against secret offices and inquisitions to be taken on his Majesty's behalf to the prejudice of his subjects. Dormit Commons.
An act concerning the new erecting and ordering of inns. Dormit Lords.
By this, there shall be no inns new erected but by order at the assize or sessions of the county.
[f. 45v] An act concerning hostlers and innholders.
By this, hostlers shall sell their horse-bread, hay and oats at reasonable prices as they are sold in the town adjoining.
An act for restraint of abuses for the levying of debts by commons persons in the name and by the prerogative of the King.
By this, all lands that shall be not made to the King's farmers but to the King for the farmer.
It is ordered that there [sic] a committee of this House shall draw a bill for the remedy of the abuses in granting of habeas corpus to prisoners for debts. Dormit Lords.
[Afternoon,] committee for abuses in courts of justice, Wednesday, 30 Martii 1623
Sir Francis Seymour [in the chair].
Petition of Edward Throckmorton that he may have, by order of this court, counsel assigned and one John Throckmorton to be his solicitor, who has been formerly acquainted with this business, for that those who were of counsel with him before refuse to be of counsel with him in this before the Parliament.
It is ordered that this business shall be put off until this day sevennight and Sir H[enry] Yelverton and Mr. [Eusebius] Andrews of Lincoln's Inn and Mr. [Edward] Colfer, of the same place, are now assigned to be of his counsel. The witnesses that are to be sent for by Throckmorton must [be] named by him this day sevennight.
Petition of George Morgan of London, merchant, that there were 122 attachments and 62 judgements against this petitioner, [f. 46] complaining that the Lord Keeper, never hearing the former decree made on the petitioner's behalf nor half the certificate made by Sir Edward Leech, did reverse the former decree.
X. DIARY OF SIR WILLIAM SPRING, HOUGHTON LIBRARY, HARVARD UNIVERSITY, MS ENG. 980
Wednesday, the 3rd of March
An act for confirmation of lands sold by Sir Thomas Beaumont, knight, now Lord Viscount Beaumont of Ireland, and Elizabeth, his wife, to Sir Thomas Cheke and others against dormant and secret conveyances.
SIR EDWIN SANDYS moves that Sir Robert Crane may be admitted to the House, notwithstanding he received not the communion the last Lord's Day with us, being not in town, and being he is a man so well known to be free from any exceptions in religion.
SIR JAMES PERROT was against it, not for his particular but for the precedent to others who might, under colour of such liberty, cover their not receiving.
Yet, by the vote of the House (some few gainsaying), he was, by order, admitted upon condition he should receive at or before the next Sunday.
Information was given to the House that one Sir Thomas Gerrard, burgess of Liverpool, had not as yet received nor come into the House, and, by order, he is sent for to yield a reason for it.
SIR EDWARD COKE reported to the House the conference with the Lords and the 3 supplements, with the message from our House as is formerly set down.
A committee is appointed of 48 of our House to meet with a committee of 24 of the Lords in the Painted Chamber to acquaint them with the reasons that move us to the opinion of breaking off the treaties with Spain.
Sir Dudley Digges appointed to report it to the House.
An act for continuance of a statute, made 40 Jacobi, concerning woollen cloth.
An act for preventing and restraint of the exportation of wool, woolfells and fuller's earth, etc.
An act in favour or women convict [sic] of small felonies.
An act for avoiding vexation of delays caused by removing of causes out of inferior courts.
[p. 73] An act to abbreviate Michaelmas term.
An act concerning levying of fined without privity of the party.
An act to enable justices of the peace to restore possession in certain causes.
An act against secret offices and inquisitions to be taken in his Majesty's behalf to the prejudice of the subject.
An act concerning the new erecting and ordering of new inns.
An act concerning hostlers and innholders.
An act for restraining of abuses for levying of debts in the King's name and prerogative.
An order was made that every Saturday in the afternoon, the House should sit and that the bill of continuance of statutes should be read, and private bills the first reading.
And a committee of the lawyers of the whole House is to meet and to frame a bill against the liberty of prisoners having habeas corpus.
A report was made of the election at Winchelsea between Sir Alexander Temple and [Mr.] John Finch, son to the Viscountess of Maidstone, for the lawfulness of it; and it depends yet, only the mayor is sent for to come and answer it.
XI. DIARY OF SIR THOMAS HOLLAND, BODL., TANNER MS 932
3 Martii 1623
An act to confirm the sale of lands from Sir Thomas Beaumont to Sir Thomas Cheke.
[SIR JOHN] JEPHSON. That Sir Thomas Gerrard, being chosen a burgess, has been in town ever since the beginning of the Parliament and has neither taken the oath nor communion nor come to the House.
It is ordered that he be sent for.
[SIR EDWARD] COKE to open the matter from the Lords. 3 parts: the marriage, the treaty of the Palatinate, the heroical act of the Prince.
The first motion of marriage proceeded from the Duke of Lerma, the 3rd of January 1614. For the Palatinate, whereas the King had promised to raise arms if by treaty it could not be obtained, which the Duke of Lerma promised; this is signified by the Earl of Bristol. For the Prince, upon the rumour that the Prince would steal away, the Prince sent to the committee to let them know that as he came for love, so he would not steal away for fear. Next, that when Graham came for England, [f. 20] the Lords had taken [blank]. Commandment from the King, the narration from the Duke and the supplement. The Lords were resolved not that the King/
4 causes: first, not for conveniency of religion; [second], nor for his honour; [third], nor for the safety of his estate; [fourth], nor with the safety of his grandchildren. Our resolution was required herein. We had resolved that absolutely the match and treaty should be broken. Then a motion was made that the Lords would join in a petition to his Majesty to declare this to the comfort of all.
Then Lord Canterbury threefold thanks: first, to God, to lay the discovery before the King's eyes; next, to the King, for imparting so great a matter to us; third, thanks to the House of Commons, for concurring in such correspondency. The Lords have appointed a committee to set down this morning, by nine of the clock in the Painted Chamber, the reasons that if his Majesty shall require them, they may be published to the Christian world. The Prince desired expedition.
[SIR WILLIAM] STRODE. That Sir Dudley Digges ought to have delivered another part and did not.
[SIR DUDLEY] DIGGES. That everyone appointed to relate at any conference be enjoined not to deliver anything of their own head; if he do, to be called to the bar for it.
[f. 20v] [SIR EDWARD] GILES. Presents reasons against both treaties. By the continuance [blank]. That his Majesty's real proceedings [blank]. Next, for neglecting the Prince. Then, for having the Prince, they moved a perversion in religion. Next for that [blank]. Sixthly, that our friends and allies are discomforted.
First read. An act for the continuance of a statue made the 4th of the King for true making of woollen cloth, with additions and alterations.
Order. Sir Dudley Digges and Sir Robert Phelips are appointed to make the report of the committee of both Houses.
First read. An act against exportation of wool, woolfells, woollen yarn, fuller's earth and fuller's clay.
First read. An act to enable the Prince to make leases of land parcels of his Duchy of Cornwall.
Winchelsea, Sir Alexander Temple wronged. Mr. [John] Finch is in it. Paul Wymond, Mayor of Winchelsea, the committee desire may be sent for. The causes, no warning until 7 of the clock at night. [f. 21] 2 brother Tildens came to the election. The mayor would not read the writ during their being [there] and told them they came to make a tumult. Sir Alexander Temple, that he was popish and allied to the arch-papist of the kingdom. The last, that he got the letters to the baron[s] of the Cinque Ports, which was Sir Alexander Temple's, and broke them up and kept them.
Order. The mayor is to be sent for by a messenger.
MR. WANDESFORD. [Blank]
MR. FINCH. [Blank]
First read. An act concerning women convicted of small felonies.
First read. An act for avoiding vexatious delays caused by removing causes out of inferior courts.
First read. An act for the abbreviation of Michaelmas term.
First read. An act against such as shall levy any fines, suffer any recovery, acknowledge statutes, recognizances [blank], judgements in the name of any persons not being privy thereto.
First read. An act to enable justices of the peace to give restitution of possession in certain cases.
[f. 21v] First read. An act against secret offices, inquisitions, to be taken on his Majesty's behalf to the prejudice of his subjects.
First read. An act concerning the new erecting and ordering of inns.
First read. An act concerning hostlers or innholders.
First read. An act for the restraint of abuses in levying of debts for common persons under the name and prerogative of the King.
An order made for bringing in the engrossed bills tomorrow.
An order that upon Saturday next in the afternoon, and so every Saturday, first the bill for the continuance of statutes and the reading of private bills the first reading, if there be time.
A committee of all the lawyers in the House to frame a bill against the abuse of the liberty of prisoners occasioned by habeas corpus.
XII. DIARY OF JOHN PYM, NORTHAMPTONSHIRE RECORD OFFICE, FH/N/C/0050
Martii 30, 1623
An act for confirmation of certain lands sold to Sir Thomas Clarke [sic] by Sir Thomas Beaumont.
Sir Robert Crane was admitted to sit in the House before he received the communion, being newly come to town, upon proviso to receive.
Information was given by SIR JOHN JEPHSON that Sir Thomas Gerrard, elected for Liverpool in Lancashire, being in town, did forbear to take the oath or receive the communion.
Whereupon he was sent for by the Serjeant.
At a conference [with the Lords] in the Painted Chamber
The Archbishop of Canterbury declared the occasions of that conference:
- 1. To acquaint us with some particulars not generally known.
- 2. To proceed to a resolution concerning the reasons of our advice.
[f. 15v] Those particulars were the proceedings in the treaty for a marriage with Prince Henry and the eldest daughter of Spain, now Queen of France, was begun by them, wherein 2 things were observed: that they had disavowed their own ambassador; that they had given a final answer not to go through with that treaty unless the Prince would change his religion. After that Prince's death, a new motion set on foot by the Duke of Lerma in Spain and attempted here by Gondomar, with Sir Robert Cotton, whereby it appeared that they had laboured these 13 or 14 years to entangle the son and heir of this kingdom.
Concerning the passages of the treaty for Prince Henry, see my Lord Digby's relation to the Earl of Somerset in September 1611 [sic].
The solicitations of Gondomar to Sir Robert Cotton were reported by himself and his relation began at the 20th of January 1614, when Don Diego de Sarmiento sent him word that he had a desire to come to him to see some of his rarities, and being come, after he had pulled out of his bosom a paper containing the instructions to Don for the negotiation of a marriage between, etc., and in exchange being showed something of the like nature by Sir Robert Cotton, fell into these speeches: O, would to God we had the like work in hand. 27 January, he came to him again and seemed much troubled at the likelihood of the treaty with France and with the doubt of my Lord of Somerset's affection, which he desired to know by Sir Robert Cotton's means, whom he knew to be very inward with him. He thereupon acquainted the King with it, who, commanding him to conceal his notice of it, gave him direction to try what warrant Gondomar had for this overture.
At their next meeting, he told him my Lord of Somerset would not believe he had any order for the proceedings. His answer was that what he did was by the Duke of Lerma's direction, and showed a letter to that effect, entreating him to work my Lord of Somerset to be Spanish. 26 Martii, Sir Robert Cotton told him my Lord of Somerset was unwilling to acquaint the King with any such business, motions of marriage were fatal; howsoever, he should be sure to run into a popular offence, and therefore would first see all rubs removed.
9 April, by his Majesty's private directions, he propounded 3 forms of security. The first, that the King of Spain in verbo regis should protest sincerity in the desire of the match. And when Gondomar seemed to wonder there should be any such doubt, Sir Robert Cotton gave 2 precedents for a reason of it, both falling in the reign of H. 7 [sic], who was abused that year by the pretence of 2 marriages by Ferdinand and Charles the 5th, his grandchild, the one for Mary his sister, the other for Mary his daughter. That which is not square in another man in princes is policy. The first of these was acted at Calais in verbis de praesente and solemnized in facie ecclesiae and was avoided by a dispensation. The other was after the death of Maximilian, Charles having obtained [f. 16] the Empire by King Henry's means, who sent [Richard] Pace and [Cuthbert] Tunstall to the electors and spent £300,000 in his behalf, had with him one interview at Orleans, came over into England at Tendson, concluded the marriage, which many confirmed to begin at [St.] Paul's, contracted to enter France with his forces, the King of England to do the like, and they to divide the kingdom between them, wherein the Emperor failed [sic]. Then ensued the enterprise of the Duke of Bourbon, the taking of the French King, the peace made between the Emperor and him without regard to Henry, a Parliament called at Toledo and, upon desire of his people, the match was broken and he married Isabel of Portugal.
The second, to profess in fide christiana that he thought in point of religion and conscience it might be effected.
The third, that he should protest that he would not meddle with the state of religion in this kingdom and require only that which was usual in like cases. And thereupon he produced a copy of the propositions by Monsieur and Charles of Austria, who in their treaty with Queen Elizabeth desired but sacellum privatum sine scandalo.
11 January [sic], being at Barbican with the ambassador, he showed him divers letters newly come from Spain, among which there was one written with the King's own hand, somewhat blurred, wherein he took notice of this overture, but that it was not for his greatness to give answer and therefore referred to the Duke of Lerma. There was likewise another letter from the Duke signed el Duca, wherein, reciting the former propositions, he made this answer:
- 1. That the King did protest his sincere wishes and desires of the marriage.
- 2. That he did believe, notwithstanding any difference in religion, it might be a match, and had thereupon conferred with divines and with his confessor, who had written a book in defence thereof.
- 3. That he would press no further liberty for the Infanta than the King might well grant, which was the like which ambassadors used to have.
13 June, he acquainted the King with it, whose answer was it was well the woman was become the wooer, the which his Majesty discovered that he liked the overture but would grant no commission so long as that in France was afoot, which he made known to Gondomar, who replied it might be done per coniventiam, non notum portum. That my Lord Digby had no commission for the treaty with Duchess Elinor, and Sir Robert Cotton added that there were 2 steps, sponsalia and matrimonia, the first might be done there, the other here, which the King would never like unless it might be in some mixed form, as was done in the match between the French King's sister and the Duke of Barr.
9 July, Gondomar showed him the minute of a treaty with relation to other treaties, wherein the 4th article was concerning a dispensation from the Pope. To this his Majesty's answer was he would have nothing to do with the Pope. About September following, the King told him the treaty with France was at an end, but his further proceedings in the motion were blown away. About this time, my Lord of Somerset fell and Sir Robert Cotton was committed. Afterward, in the year 1616, he heard the King say that the letters from Spain which Gondomar showed him were counterfeit and that he was a juggling jack.
For the congruity of time, it was observed that my [f. 16v] Lord Digby's first warrant for this treaty was in August 1616, Sir Robert Cotton's relation ended in September 1615.
After this, they came to speak of the 5 reasons which had been offered by the Commons, and the Lords had thought upon one other. That was the fraud which had been used to them from the beginning of this treaty to the end, and some instances were spoken of, and for the honour of Sir Rowland [sic] Weston, it was affirmed by my Lord Chamberlain that he was the first that discovered this their dealing to his Majesty.
The Duke of Buckingham. Gondomar, upon the first proposition of the match, promised that the title of the Low Countries should be given to the Prince, but in the commission for the treaty there was no intention of it and it was propounded only to keep the King from giving them relief, for in all their propositions they never intended anything but to deceive. Their end is sovereignty, their dominion is dispersed so as they are forced to keep many garrisons, those garrisons cannot be maintained without money, to provide money the Indies are necessary, and to keep the Indies they must be masters of the sea, wherein England and the Low Countries do only impeach them.
To confirm the opinions of the Spanish dealing, Sir Isaac Wake was commanded to speak of some particulars in his knowledge, which were. The first, that the Spaniard had put the Duke of Savoy upon a motion for one of his daughters with the Prince, only that so he might try whether a dispensation might be gotten at Rome; and by the opinion of the Spanish divines and of the congregation of the cardinals at Rome, it was agreed it might be had and a breviate of a dispensation was prepared. The second, which he had from the mouth of a prince, was this. That the Duke of Savoy, being young, was persuaded by some instruments of Spain to desire the Infanta, Donna Catherine, who was proposed to Rudolf the 2nd, but they thought Savoy more useful, and they propounded to him 800,000 crowns portion with a cession of divers litigious places and the investiture of Milan after the death of Philip the 2nd. Hereupon, he took his journey into Spain against the mind of all his council, was received by the Duke of Infantado, welcomed as his master's son-in-law, but the provinces in Italy were not remembered in Spain, only he was told he should refer himself to his father-in-law. And he being in love pressed no articles, and whensoever his council desired anything, it was answered that he should find all under the Infanta's pillow. After the marriage, there was no further news of anything. Upon his pressing, the reply was with the Infanta he had all; at his coming home he should find all things done and the Spanish ministers in Italy wholly at his service. But at his return, nothing was performed, a custom of 60,000 crowns was kept from him per annum, and a pension of 20[,000] or 30,000 [crowns]. The interest for his portion was assigned at 8 or 10 on the hundred [f. 17] upon Naples, yet after 2 years retrenched, besides two millions otherwise due to him, and when he demanded restitution he was requited with arms in Piedmont. The Duke being afterwards in France, Philip the 2nd sent a letter to his daughter commanding her to deliver the castle of Turin to a garrison of Spaniards, which she refusing, could never afterwards get her father's blessing.
The Duke of Buckingham. That it was spoken that the Spaniard would never yield to the match unless the King would help them against the Low Countries.
The Lord Chamberlain. That he received as much in a visitation from the Spanish ambassador.
The Prince. That when my Lord of Bristol told Spinola that he hoped they meant to restore the Palatinate, his answer was, then you must help us against our rebels, which being reported to the King, he said he found them a free state and so would leave them.
In the conclusion of the conference, the Duke of Buckingham told us that he had moved the King for advice, who was not now very well, but would send us word when we should wait upon him.
The Lords took the copy of our reasons, promised to perfect their own and desired to meet tomorrow at 8 of the clock.
Eodem die, pos[t] meridiem, at the committee for courts of justice
[Edward] Throckmorton, who had formerly delivered a petition against my Lord Keeper, did now desire a new day of hearing, that he might have counsel assigned and a warrant for witness. To which these exceptions were propounded:
- 1. Sir H[umphrey] May. Not to call new witness until we see how the cause stands proved in court.
- 2. Mr. [John] Glanville. To admit none other proof than what appeared to the judge as in the course of an attaint. There are 2 ends of the review of causes: to restore the party, to punish the judge. In cases of bribery, we proceed upon complaint, in cases of injustice by bill; where there is only error, the judge is safe and we have none other way to relieve the party, no process of restitution, no seal.
And these cautions offered:
- 1. Sir Simeon Steward. That delinquents might not be brought up for witnesses.
- 2. Mr. [John] Whistler. To examine to what purpose he would use two witnesses before warrant should issue for any.
Day was taken for further consideration of this cause until Wednesday next.
A petition was delivered by [George] Morgan in the case between him and [Richard] Bowdler, but it was thought fit to be referred to a bill.
XIII. DIARY OF SIR WALTER EARLE, BL, ADD. MS 18,597
Wednesday, the 3rd of March
Sir Robert Crane admitted to sit in the House, it being publicly moved and [f. 47v] he a man well known, though he had not received the communion, upon promise he should receive it the next Sabbath.
The House being informed that one Sir Thomas Gerrard, returned for Liverpool in Lancashire, had neither received the communion nor come into the House though he were in town, he being also suspected in religion, order was given he should be sent for.
SIR EDWARD COKE made the report of the conference.
A committee appointed of 48 (whereof myself was one) sent up to proceed in the conference for communicating of the reasons.
[Conference with the Lords]
Sir Isaac Wake, being called on by the Prince, said he could relate some particularities that had been untouched in the former relation. The daughter of Savoy propounded for us, etc.
My Lord Chamberlain said Sir John de Mexia, Ambassador of Spain, told him that if the Palatinate were restored, the King of England must help his master to the Low Countries.
[f. 48] The Prince said, when the Earl of Bristol came through the Low Countries, he asked Spinola what he meant by the Palatinate, and whether it should not be restored. He said, yes, if the King of England would do as much for the King, his master, for the Low Countries. This being told the King, the King's answer was that as he had found them free states, so would he leave them.
The Duke of Buckingham related what answer he had from the King about our coming to him. He was for the present ill-disposed, but he would before long send us his direction.
XIV. JOURNAL OF SIR SIMONDS D'EWES, BL, HARL. MS 159
[3 March 1624]
The whole business of the Duke of Buckingham being thus happily cleared, here follow certain other relations made on Wednesday, being the 3rd of March, by Sir Robert Cotton, knight and baronet, and Sir Isaac Wake, knight, late ambassador ordinary for his Majesty at Savoy, before the Prince's Highness and most of the Lower and Upper House in the Painted Chamber at Westminster, near adjoining to the Upper House of Parliament, by which the Spanish subtleties and practices were yet more fully displayed, which though they happened before these other businesses in time, yet are here justly inserted for their order. 1623.
At a conference in the Painted Chamber, the Prince's Highness being present, it was the [sic] showed that this proposition of a match with Spain was begun for Prince Henry during the favour of [Robert] Carr, Earl of Somerset, July 2, 1612, and Sir Robert Cotton made a large narration how he had been made an instrument in it by Gondomar, the then Spanish lieger ambassador, and what tricks he used with him until, at last, the King having received an answer that no match without changing Prince Henry's religion, the King was so displeased with so impudent a demand, as he told Sir Robert Cotton plainly, [f. 22v] anno Domini 1616, that Gondomar was but a juggling jack. And the end of propounding this marriage was no other but a trick of the Spaniard's to keep Prince Henry from marriage elsewhere, and this appeared by Sir Isaac Wake's relation, as also the double dealing of Spain with other princes, which he was commanded by the Prince's Highness to make, and it was to this effect.
That Philip the 3rd, father to the now Philip, King of Spain, to entertain the Prince's Highness now living with a match and treaty of marriage without any effect intended, propounded a match for him with the Prince's of Piedmont['s] eldest daughter to the Duke of Savoy [sic] by the Infanta [Donna] Catherine, sister to the said King of Spain. The difficulties thereof was in procuring the Pope's dispensation, which the Duke of Savoy was advised to procure by the way and means of Spain. There was an assembly of divines chosen to consult how it might be done, who drew out the business into such length as in the end the Duke, being wondrously ambitious of this match, began to trust to himself and use his own way and sent a friar, his confessor, to Rome, who solicited the business so effectually as that he procured a particular college of cardinals to be called to debate the business, upon whose opinions delivered unto the Pope, he came away within 6 months, dispatched with assurance that the Duke should have the dispensation whensoever he would demand it. When this was known in Spain and that they saw by this means the Duke had cut off all their dirty and puddled way, then began Gondomar to propound a match with the daughter of Spain by means he used towards Sir Robert Cotton, as has been touched before, and so break off that match with Savoy.
Another part there was of Sir Isaac Wake's relation to show the unworthy dealing of the King of Spain, even with his own children and kindred and those of his own religion, and therefore it was no marvel that they made no conscience to use us in this manner as they had done. The narration was to this effect.
That when the match was treated of in Savoy between the old Duke that now is and the Infanta [Donna] Catherine, daughter to Philip the 2nd, this King's grandfather, he was promised 800,000 ducats with her in dowry and the investiture of divers lands and territories in Italy, during which treaty, being had by commissioners in Savoy, the Duke, by persuasion of the Spanish agents, had a purpose to go into Spain, being assured that he should so much oblige thereby King Philip that was to be his father-in-law, as nothing could be denied him. His council advised him that in any case, he should first make sure what had been agreed upon for the Infanta's dowry. But he being youthful, suddenly embarked himself at Nitra for Spain and left word that all that loved him should follow him. When he was arrived in Spain, he was met by the Duke of Infantado, who told him that whereas he treated with him as a friend and well-wisher, now being to be son-in-law to his master, he would speak to him as his servant, and so advised him that in any case, he should not stand upon any terms of former agreements but should wholly submit himself to the good will of the King.
His nobles and council of Savoy having presently followed and by this time come to, their Duke in Spain advised him seriously and often that he should by no means marry himself to the Infanta until he should first have good assurance of the conditions offered him in Savoy. But he being exceeding far in love with the Infanta, who, as Sir Isaac Wake reported, was one of the mildest and best women in the world, and being told by the King of Spain and his council that he need not take any care for agreements or articles to be performed for he should find the Infanta's dowry under her pillow, being what he could desire and more, married her without any delay and wholly trusted to the word and courtesy of the King of Spain. And when he was to depart out of Spain for Savoy and required performance of what had been promised him, he was again told and assured that he needed not to take any care, for he should have his money returned into Italy to meet him there and should find the King, his father-in-law, more kind to him than he could expect. At his return into Italy, instead of performance of that which had been so largely and faithfully promised, the King of Spain took from him 6,000 ducats yearly rent, which he had out of the customs of Sicily, and performed nothing of the investiture of the Duke of Savoy into those territories in Italy, which had likewise been promised, and he was glad to receive the very portion promised him by 20,000 ducats yearly, of which portion reckoning the interest half a million was unpaid at this very day. And afterwards, the Duke of Savoy being busied with war in France, the King of Spain sent to the Infanta, his daughter, that she should deliver up Turin, the Duke's capital city, to a garrison of his. But she being a wise and virtuous princess, and perceiving that this would tend to the wresting her husband out of his inheritance, sent him notice of this demand, and being by all the bonds of love charged by him that in no wise [sic] she should yield thereto, she utterly denied her father's command. Upon which cause, only he took such inbred and unnatural displeasure at her that he never loved her after, and which was much worse, at his death most un-Christianly denied her his blessing.
[f. 68v] March 3, Wednesday
An act for confirmation of assurance and conveyance of lands sold by Sir Thomas Beaumont to Sir Thomas Cheke, for which he paid £6,000 and the other had made a conveyance dormant of it.
A motion for Sir Robert Crane's coming into the House, not having yet received the communion and being well known to the House and some undertaking he should do it the next Sabbath, he was admitted.
A motion to send for Sir Thomas Gerrard, burgess for Liverpool, who had neither taken the oath nor received the communion.
A committee of 48 to meet presently with the Lords to confer of the reasons of their opinions.
SIR EDWARD GILES'S reasons:
- 1. In regard of religion.
- 2. The King ill requited.
- 3. The Prince slighted.
- 4. They sought to obtrude new articles.
- 5. They had disinherited the Prince Palatine.
- 6. Our friends abroad were disheartened.
All which were sufficient reasons to break all further treaties.
[f. 69] An act for the continuance of an act made Jacobi 40 about the true making of woollen cloths.
An act against the transportation of wool, woolfells, fuller's earth, fuller's clay, made felony without benefit of clergy.
An act to enable the Prince his Highness to make leases of lands in Cornwall, held by another custom to that of the common law, for 3 lives, not more, or 31 years or under.
The mayor of Winchelsea sent for by a messenger about undue proceedings in the election there.
An act concerning women convicted for small felony, not to be hanged for 12d., since by the law they have not the benefit of the clergy as men have.
An act for avoiding delay in receiving of causes from inferior courts by a habeas corpus to be delivered before issue joined, in matters not above £5 they not be removed.
An act for the abbreviation of Michaelmas term, to cut off the 2 first weeks and the 2 first returns to begin at tres [septi manus Sancti] Michaelis, cutting off octabis and quindena Michaelis. It passed not.
An act against levying of fines, suffering recoveries, acknowledging of statutes, recognizance or bail in other men's names without their privity; felony and without benefit of clergy.
An act to enable justices of peace to give restitution of possession in certain cases referred to an act anno 8 Henrici 6ti.
An act against secret offices and inquisitions to be taken on his Majesty's behalf to the prejudice of the subject, no dispute after 60 years' quiet possession.
An act concerning the new erecting and [f. 69v] ordering of inns, to be done by the justices only and not every man at his pleasure because in the law it is held a trade.
An act concerning hostlers and innholders.
An act for speedy payment of debts by such as claim under the King.
A motion to have a bill drawn against such as by lying in prison, defraud others of their debts, being able to pay them.