form of oath due to the King of Great Britain by his subjects. With respect to the concession of two additional years of edu· cation he would intercede with his father, but he could not engage what the result would be.1

The declaration thus made was duly reported to the Council of State, where it was resolved that the articles must be accepted as they came from Rome, or not at all; and that the Prince's offer was altogether insufficient. The oath required from the King of Spain must be sworn if the marriage was to take place, and the question what the conditions were which would justify him in swearing should be referred at once to a junta of forty theologians, to be summoned for the purpose.2

Olivares

the Infanta

This decision, unacceptable as it was certain to be to Charles, did not go far enough for Olivares. It was impossible, he urged in a private paper addressed to the King, that advises that James could be serious in the promises that he was willing to make, for it was altogether contrary to his tained. interests to allow a religion differing from his own to grow up in his State. It would therefore be well to retain the Infanta in Spain till the engagements of the King of England had been actually put in execution.

shall be re

May 7.

in the Coun

It was, no doubt, under the impression caused by this opinion that the whole question was brought up again for discussion on the following day, when Olivares reproHis speech duced his ideas at greater length. "This marriage," cil of State. he said, "has been treated of solely with a view to the good of the English Catholics. Yet, though the King of Great Britain desires its accomplishment with all the anxiety which he has already shown, and with such eagerness as may be understood from the pledges which he has given, he says that he is unable to do more for the Catholics in his kingdom than to extend to them a mere connivance, and that without force of law, nor any confirmation greater than his own word, and that of the Prince, and although that is of great value, nevertheless, as it is in opposition to what they hold to be right,

1 Account of the negotiation. Translated from the original at Siman. cas, by M. Guizot, Un Projet de Mariage Royal, 132.

Francisco de Jesus, 66.

1023 PROPosed reteNTION OF THE INFANTA. 41

it is not obligatory on them in conscience, especially as oaths to the contrary have been made, and legally established, in so many Parliaments; it is therefore to be supposed that everything that is now offered is only done in order to obtain the marriage, for if, though the King desires it so much, he can do no more than this, and if we are told that the people may become so unruly at his mere condescension to a simple connivance that it may be impossible for him to do even this, how can it be argued that, after the marriage is over, either the King or the Prince will wish to preserve, or to favour, in their kingdoms a religion which they consider in their conscience to be contrary to their own? And so little power have they, according to their own public acknowledgment, that even with the best wishes of the King and the Prince, they cannot introduce the free exercise of religion now. How, then, is it to be supposed that they will do it after the marriage?"

If he could hear that either the King or Prince were likely to become Catholic, Olivares went on to say, it would be a different thing; as it was, it was impossible to trust their mere word. Let us propose to them to celebrate the marriage at once; but let us at the same time inform them that the Infanta must remain here till we see them act as well as talk. When the release of the Catholics from the penal laws is accepted by the Council, and confirmed by Parliament; when offices of trust are placed in the hands of declared Catholics, then, and not till then, it will be safe to allow the Infanta to go. For by this means the Catholics would increase in number and strength, so that it would no longer be in the King's power to depress them again. He would then be obliged to temporise, and perhaps even to adopt their religion for his own safety.1

In the Council of State Olivares found himself alone. It was not that the other ministers were less desirous to impose their own religion upon a foreign nation, but that they underrated the difficulties in their way. The idea of securing toleration for their co-religionists in England was utterly foreign to their minds. They wanted supremacy for their Church,

Francisco de Jesus, 66–71.

and they were on the whole inclined to think with Gondomar, that a little more cajolery would be sufficient to obtain it.

The Prince

offers.

Olivares waited his time. Favourite as he was, it was not his habit to take violent measures with men who disagreed with him; and he was anxious to be regarded by the makes fresh English as the firm friend of the match. He determined to apply once more to Charles, and asked him what in his opinion would be sufficient security to enable the King of Spain to take the oath? His father's oath and his own, Charles now said, should be confirmed by that of the Privy Council, and he would do his best that it should be confirmed by Parliament as well. Shortly afterwards he declared himself ready to engage that he would never allow a word to be breathed in the Infanta's presence which was prejudicial to her faith ; and that on the other hand he would be ready, whenever his wife requested him, to listen privately to the discourses of Catholic theologians.

The Nuncio refuses to

Upon this reply the Spanish Commissioners met once more, and laid the Prince's propositions before the Nuncio. De Massimi's answer was decisive. On these terms the dispensation could not be granted. The articles dispense. must be accepted precisely in the form in which they had been sent from Rome. Such a reply was peculiarly irritating to Buckingham. Confident, as usual, of the irresistible weight of his personal influence, he sought a secret interview with the Nuncio at the dead of night. For three hours he poured forth every form of argument and entreaty, descending even to threats. "There is no way," he said at last, "to treat for this marriage, but with the sword drawn over the Catholics."1 Bristol was next sent to the Nuncio, with no better success. Charles was plainly told that without the consent of the Pope the articles could not be restored to their original form. The King of Spain would indeed be ready to refer the matter again to Rome, and it would be well if Charles would send to Eng land to obtain his father's consent to the concessions which were required. As for the King of Spain's oath, the question should be laid before the theologians.

Francisco de Jesus, 72.

CHAPTER XLIV.

THE MARRIAGE CONTRACT.

It was not only by the slow progress of his wooing that Charles was made to feel how little he was in favour at Madrid.

the Prince's

May. Scarcely had he heard of the impending arrival of Dismissal of the retinue with which he had thought of keeping attendants. up his princely state, than he was given to understand that the presence of so many Englishmen would not be well taken by the Spanish Court. He accordingly despatched a messenger to meet them on their arrival at Santander, with directions to the greater part of them to return at once to England. Some few, including the two chaplains, got as far as Burgos, and made their homeward journey through France, carrying with them many strange stories of the rough fare with which they had met in Spain. A few who, more lucky than the rest, were allowed to make their way to the capital, soon found that their services were not needed. The rooms

assigned to the Prince in the royal palace were few and small, and it had been arranged that his attendants should sleep at the other end of the town, with the evident intention of making their stay as inconvenient as possible. For six or seven days they were to be seen strolling about Madrid. They passed the greater part of their time in playing cards, and in grumbling at their enforced idleness. At last, Charles came to

the conclusion that it was useless to detain them longer, and ordered them, with one or two exceptions, to hasten home as soon as possible.

It was afterwards stated, with great glee, in England, that one

of these attendants, James Eliot by name, being admitted to Story of take leave of the Prince, expressed a hope that his James Eliot. Highness would not remain much longer in Spain. "It is a dangerous place," he said, "to alter a man and turn him. I myself in a short time have perceived my own weakness, and am almost turned." To the Prince's demand, what he meant by being turned, he replied, that he was turned in his religion. "What motive," said Charles, "had you; or what hast thou seen which should turn thee?" "Marry," replied Eliot, "when I was in England I turned the whole Bible over to find Purgatory, and because I could not find it there, I believed there was none. But now I have come to Spain, I have found it here, and that your Highness is in it; whence that you may be released, we, your Highness's servants, who are going to Paradise, will offer unto God our utmost devotions." So little, however, did Charles understand in what a net his feet were entangled, that he actually laid a wager with another of his followers that he would be in England before July 10.1

The blunder which Charles had committed in coming to Spain at all was now plainly visible. If he had never left England, either the dispensation would have been refused, or the conditions with which it was accompanied would have been quietly referred by Bristol to his master, to be discussed in England upon their own merits. If it were not hazardous to affirm that James would have come to a settled resolution upon anything, there can be little doubt as to the result of that discussion. Weak as his conduct had been, he was not prepared for so barefaced an attempt to ride roughshod over the prerogatives of his crown, as well as over the laws of his kingdom. The leading idea with which he had entered into the treaty had been a readiness to offer, in return for political support, and for the large portion which was to be brought by the Infanta, a full guarantee for the free exercise of her own religion, and a

1 Meade to Stuteville, June 21, Ellis's Orig. Letters, Ser. i., vol. iii. 152. Gwynne's Relation in the Appendix to Hearne's edition of Vita Ricardi II., 299.