July 26. Favours to the recusants. In the meanwhile, Calvert, who had remained in London, was busily engaged in consulting with other members of the Council in what mode the favours recently promised to the recusants should be granted.1 James had proposed to issue a warrant to the Attorney-General, directing him to abstain from all fresh proceedings against Catholics still unconvicted of recusancy. With this offer the Spanish ambassadors were discontented, and pointed out that the convicted recusants, who were bound to pay their fines into the Exchequer for the remainder of their lives, would receive no benefit whatever. James replied that, though he intended to comply with their wishes, he was resolved to show that he did so as an act of free grace, by reserving his release from penalties already incurred for some future occasion of public rejoicing. This subtle distinction between convicted and unconvicted recusants was lost upon the ambassadors, and James soon found that in his attempt to maintain his dignity he had laid himself open to the charge of having refused to fulfil his obligations. Inojosa at once wrote to Calvert to complain of a decision which he represented as a breach of promise. If it were not revoked, he proceeded to hint, it would be impossible for him to make a satisfactory report to his master. Thus pressed, James gave way at once, and Calvert was ordered to include in the remission past offences as well as future.3 To effect this a pardon was to be issued under the Great Seal, relieving convicted recusants from the future payment of penalties Question of the mode of already incurred, accompanied by a dispensation pardon. from all future penalties. Even with this the ambassadors were not contented. They asked for a public proclamation declaring his Majesty's purpose to grant entire relief from the penal laws. It was not till some time had been spent in explaining to them that a proclamation, according to English law, had no binding effect whatever, whereas a pardon July 27. Remonstrances of Inojosa. 1 Calvert to Conway, July 24, S. P. Dom. cxlix. 38. July 28, S. P. Dom. cxlix. 79. 3 Conway to Buckingham, Aug. 1, S. P. Spain. Calvert to Conway, 1623 SUSPENSION OF THE PENAL LAWS. 99 under the Great Seal might safely be pleaded in court, that they consented to give way. It is impossible to resist the conviction that more was meant by the ambassadors than they chose to avow. What they wanted was a public and notorious act, which would ring in the ears of all men, and would test the readiness of the English people to submit to the repeal of the obnoxious laws by Parliament. For such a purpose a proclamation would undoubtedly have served far better than hundreds of pardons quietly granted to individuals. made at Salisbury. As soon as the ambassadors reached Salisbury, Conway and Carlisle were appointed to treat with them on this important Aug. 8. matter. At last, after some discussion, an agreement Agreement was come to, and was signed by both parties. A general pardon was to be passed under the Great Seal, of which all Roman Catholics who had been convicted, or had been liable to be convicted, in past times, would be allowed to take the benefit at any time during the next five years. A declaration was also to be issued suspending for the future all the penal laws by which the Roman Catholics were affected, and releasing them from all penalties to which they might be subject 'by reason of any statute or law whatsoever for their consciences, or exercise of their Roman Catholic religion in their private houses without noise and public scandal, or for any other matter or cause whatsoever for their consciences, by what law or ordinances soever to the observation whereof the rest of his Majesty's subjects are not bound.' The King would, after conference with the Bishops, contrive a way for relieving the Catholics from the penalties consequent upon excommunication. Orders should be sent to Ireland to grant similar concessions there. As for Scotland, his Majesty would according to the constitution of affairs there, and in regard to the public good and peace of that kingdom, and as soon as possible, do all that shall be convenient for the accomplishment of his promise.' 2 1 Conway to Calvert, Aug. 5, S. P. Spain. Conway to Buckingham, Aug. 5, Hardwicke S. P. i. 436. 2 Agreement made at Salisbury, Aug. 8, Harl. MSS. 1583, fol. 287. Further demands re jected. Two points only amongst the ambassadors' demands 1 had been passed over. To a request that the forfeited rents and fines which had been given away by patent should be restored, James could only reply by giving permission to the aggrieved persons to try the question at law. The other claim was of a more serious nature. Not content with the immunity which they had secured for those who refused to take the oath of allegiance, the ambassadors pressed hard that schools and colleges might be rendered accessible to the Roman Catholics. On this point James stood firm. It would not look well, he held, 'that he should not only at one instant give unexpected grace and immunity to his subjects the Roman Catholics, but seem to endeavour to plant a seminary of other religion than he made profession of.' The ambassadors give hopes of the Infanta's To this answer Coloma raised no objection; but Inojosa, who no doubt had been to some extent initiated into the plans of Olivares, was evidently dissatisfied. At last, he promised to write to Madrid that James had done all that was to be expected, and, on leaving Salisbury, both the ambassadors joined in expressions of hope that the immediate marriage and departure of the Infanta would be the result of these negotiations.2 coming. On August 10, two days after the signature of the agreement, Buckingham's letter arrived, with renewed hopes of the immediate delivery of the Infanta. James was of course delighted with the news.3 In return, he sent the command to leave Spain immediately, for which Charles had asked in order to excuse his rudeness to the Infanta. "My dearest son," he wrote, "I sent you a commandment long son to return. ago, not to lose time where ye are, but either to bring quickly home your mistress, which is my earnest desire; but if no better may be, rather than to linger any longer there, to come without her, which, for many important reasons, I am now forced to renew; and therefore I charge you, on my Aug. 10. The King orders his 1 Demands of the ambassadors, Aug., Harl. MSS. 1583, fol. 285. 2 Conway to Buckingham, Aug. 5, Aug. 10, Hardwicke S. P. i. 436. Harl. MSS. 1580, fol. 326. 3 The King to Buckingham, Aug. 10, Ellis's Ser. i., iii. 158. 1623 CHARLES OFFERS TO STAY IN SPAIN. ΙΟΙ blessing, to come quickly either with her or without her. I know your love to her person hath enforced you to delay the putting in execution of my former commandments. I confess it is my chiefest worldly joy that ye love her; but the necessity of my affairs enforceth me to tell you that you must prefer the obedience to a father to the love ye carry to a mistress." 1 Charles shall be married in Spain Before this letter reached Madrid, there had been a fresh struggle between Charles and the Spanish Court. The conferences with Olivares and the messages to the Spanish proposal that Infanta had failed in producing the expected result. Philip utterly refused to give up his sister a day sooner than he had promised; but in one respect he now changed his tactics. If Charles would consent to remain in Spain till Christmas, he might then be married in person, and would be allowed to live with the Infanta as his wife, though she would not be permitted to leave Madrid till the appointed time in the spring. That there were the gravest objections to such a plan was evident to anyone less deeply in love than Charles; and no doubt there were not a few around him who reminded him that, if he accepted the offer, he would not only be placing himself in Philip's hands as a hostage for another half-year, but that if, before the spring came, there were a prospect of the Infanta becoming a mother, fresh excuses for delay would arise, which would, in all probability, end in placing in Spanish hands another heir to the English throne-another hostage for James's subserviency to Spain in the affair of the accepted by Palatinate. Yet, in spite of these reasonable objecCharles. tions, Charles told Philip that he was ready to accept the conditions, and even sought an audience of the Queen in order to assure her, in the Infanta's presence, that he had made up his mind to remain.2 Scarcely was this resolution taken when Cottington arrived, bringing with him the signatures of the King and Council to the marriage articles. Once more Charles tried, by a renewed 1 The King to the Prince, Aug. 10, Hardwicke S. P. i. 447. his mind; threat of immediate departure, to induce the Spaniards to He changes give way, and to allow him to carry home his bride at once. The request was referred to the Theologians, and the Theologians, as usual, proved obdurate, and refused their consent.1 but cannot prevail upon himself to go. Behaviour of attendants. Charles could not make up his mind what to do. Although he was unable to resist the impression that he was being made a tool of by Olivares, he could not resolve to tear himself away from the Infanta. It was observed that when the refusal of the Theologians was brought to him, he did not repeat his threat of leaving Madrid; yet he had hard work to hold his own. Buckingham had again lost his temper, and had for some days been talking of setting out alone to meet Rutland's fleet at Santander.2 All the Prince's little Court were of one mind in denouncing the hypocrisy of the Spaniards, and the hard words which were freely used were returned with interest by those who were assailed. One day a Spanish gentleman going into the Prince's room. the Prince's found on the table a richly bound copy of a translation of the English Catechism into his own language, and carried it off in triumph to Philip; whilst at the same time charges, true or false, of an attempt to make proselytes to their faith were brought against Charles's attendants. The accusation might certainly have been retorted upon the Spaniards. One day Cottington was suddenly taken ill, and conversion of believing himself to be dying, sent for Lafuente, and Cottington. was by him reconciled to the Church of Rome. A few days afterwards, as soon as he began to get better, he declared himself a Protestant again. The next case was that of Henry Washington, a dying youth, who summoned an English Jesuit, named Ballard, to his bedside. His English companions were terribly excited. Gathering in a knot about the door, they barred the entrance, as they said, by the Prince's orders; and one of them, Sir Edmund Verney, struck the priest on the face with his fist. The people without, seeing what had Temporary ΙΟ 1 Corner to the Doge, Sept. Venice MSS. Desp. Spagna. 2 Aston (?) to Trumbull, Aug. 13, S. P. Spain. |