1623

JAMES CONSULTS WILLIAMS.

65

matters took a serious turn. Yet how could he now go back? In an evil moment he had pledged his honour that he would confirm whatever promises his son might make; and even if he could be brought to understand that it was better that he should break his word than that he should inflict so serious a wound upon the nation entrusted to his care, he could not forget that his son's liberty might depend upon his decision. In common with almost everyone with whom he conversed on the subject, he fully believed that if the articles were now rejected the Prince would never be allowed to leave Madrid.

It was, therefore, with a heavy heart that James summoned his principal councillors to meet him at Wanstead on July 13,

July 13. The principal councillors

and after laying his perplexities before them, left them to consider the advice which they might decide upon giving him. He had no sooner quitted the room consulted. than it became evident that they, too, shared in his perplexity. Long unaccustomed to be asked by their hitherto self-sufficient monarch to take a decisive step in a matter of such importance, they were unwilling to incur responsibility, and scarcely one of them could think of anything better to suggest than some scheme or other for getting the Prince out of Spain before the oath was taken.

Never was the extraordinary ability with which Williams managed to smooth away a difficulty which he did not attempt Advice of to overcome more conspicuously exhibited than on Williams. this occasion. It can hardly be doubted that he saw that James was only looking out for an excuse to yield, and that the opinion which he delivered was influenced by this supposition. After what they had heard from the King, he said, he did not see how they could give any advice at all, for they must first know whether his Majesty had conscientious scruples against the oath. Until they had received information on that point, they could not tell what to recommend. The councillors, glad to relieve themselves from the responsibility of advising the King either to act against his conscience or to leave his son a prisoner for life, leapt at Williams's suggestion, and replied, as soon as James returned, by asking whether he felt any conscientious scruples. "My

conscience," said the King, turning to the Lord Keeper as he spoke, "stands as I said before; but I am willing to hear anything that may move me to alter the same." Upon this hint Williams spoke. He was aware, he said, how little it became him, whose studies had been so frequently interrupted, to discuss a point of divinity with one of his Majesty's deep learning. Yet he could not but remember that the Prince had already acceded to the articles. He was sure that the Prince was as good a Protestant as any in the world; and in this case he thought that his Highness was in the right; for he had not been asked to be slack in the advancing of the true religion, or even to give his consent to the predominance of Popery. All that was demanded was that he would withdraw from any attempt to suppress or to extirpate the Roman Catholic faith. No one thought of accusing the King of France of sinning against his conscience because he did not suppress the Protestants in his dominions; nor were the States-General thought to be false Protestants because they did not suppress the Roman Catholics. Even his Majesty himself had often relaxed the penal laws, and it was inconceivable that in so doing he had offended against his conscience. "I conclude, therefore," he ended by saying, "that his Highness-having admitted nothing in these oaths or articles, either to the prejudice of the true, or the equalising or authorising of the other religion, but contained himself wholly within the limits of penal statutes and connivances, wherein the State hath ever challenged and usurped a directing power-hath subscribed no one paper of all these against his own, nor-I profess it openly-against the dictamen of my conscience."

As a speech in favour of the principles of toleration the Lord Keeper's argument was an admirable one; but anything The King more utterly alien to the point at issue it is impossatisfied. sible to conceive. For, as Williams must have known perfectly well, the question was not whether it was wise to relax or repeal the penal laws, but whether it was wise to enter into an engagement with a foreign power that they should never again, under any circumstances, be put in force.

Yet, beside the mark as Williams's reasoning was, it was

1623

THE SPANISH TERMS ACCEPTED.

67

enough for James. It gave him what he wanted- -an excuse for a questionable act, which he regarded as the inseparable condition of his son's return. With a cheerful countenance he declared himself fully satisfied, and the councillors present, as in duty bound, coincided with the opinions of their master.'

Three days later the whole Council was summoned to Wanstead. Almost with tears in his eyes, James told them that he knew he had been hardly dealt with by July 16. Assent of the Spain; but what could he do, if he did not mean to Council. desert the Prince? He wished now to have their opinion whether they thought good to take the oath which would be required of them. He would tell them, however, that he meant to give explanations to the Spanish ambassadors to the effect that he could not bind himself to obtain the consent of Parliament, and that the safety of the realm must always be paramount to any obligation entered into by treaty in favour of the Catholics.2 As soon as he had finished, Abbot, who, for obvious reasons, had not been asked to attend the former deliberation, led the way by asking inconvenient questions. He was at once interrupted by the King, who told him that the matter was already settled, and that all that was wanted was to know if he was willing to join in taking the oath. No further opposition was offered, and the whole Council agreed to swear

1 Williams to the Prince, July (?), Hacket, 141. Conway to Buckingham, July 17, Ellis, Series 1, vol. iii. 154.

2 "Invitò bene ogn'uno a consigliarlo liberamente in si importante occasione; ma artificiosamente li constrinse, per non mostrarsi poco desiderosi del ritorno d'esso Principe et male amatori del loro futuro Rè, di approbar propositione et di essibirse pronti a suoi comandi in ogni punto. Disse delli due articoli più importanti, cioé di convocare il Parlamento, et del non offender Cattolici, che li ammetterebbe con le restrittioni; a quello di procurarlo a suo potere, et a questo di farlo salva la salute del Regno. I Consiglieri eccettuatine due che fecero in contrario alcune poche cousiderationi prometterono cieca ubbidienza ad ogni volere di Sua Maestà. Certo del Rè si può ben dire che ne' proprii danni tenghi un eccelente artificio, et de' Consiglieri ch' habbino dato l'ultimo saggio della loro debbolezza, havendo perduto quest' opportunità di parlar liberamente a servicio del Regno et di far conoscer al Rè che il vero mezzo, non di ricuperar il Principe, ma di far crescer le dimande a Spagnuoli, sia questa facilità alle loro sodisfattioni." Valaresso to the Doge, July Venice Transcripts.

18 28'

to the articles on condition of receiving orders to do so under the Great Seal.

Dissatisfac

The King's authority, and the fear of leaving the Prince a hostage in Philip's hands, had prevailed over every other consideration. Yet it was with no good-will that the tion of the great inajority of the Privy Councillors had given their consent. Questions were asked in a whisper amongst them which showed that they were ill at ease. What,

Councillors.

it was said, had become of the temporal articles in which the amount of the dowry was to be settled? What obligation had the King of Spain entered into? When was the marriage to be performed? "All which," adds the reporter, "ended with wishes that the Prince were well returned, with much doubt what use will be made of his being there." I

July 20. The articles

sworn to.

Sunday, July 20, was fixed for the important ceremony. In the Royal Chapel at Whitehall, after the morning sermon was ended, the public articles of the treaty were read by Calvert in the presence of the Spanish ambassadors, Inojosa and Coloma, and of the great majority of the Privy Council. When Calvert had finished, James swore to observe them, thereby engaging that, not only should his son's wife be surrounded by a household nominated by her brother, the King of Spain, but that the spiritual guidance of this little knot of foreigners should be provided for by the exorbitant number of twenty-four priests and a bishop, not one of whom was to be amenable to the laws of England, or to any jurisdiction excepting that of his ecclesiastical superiors; and that wherever the Infanta might fix her dwelling, there should be erected a public church to which all Englishmen who pleased might have access. To these and to other relatively unimportant engagements, James added a promise that he would do everything in his power to obtain their confirmation by Parliament.

Conway to Buckingham, July 17 (a different letter from the one quoted in the last note), Harl. MSS. 1580, fol. 309.

2

"Insuper verbo regio fidem daturi sumus, nos omnem operam navaturos ut omnia suprà capitulata per Parlamentum stabiliantur. Clarendon State Papers, i. App. 25.

1623

The

THE OATH TO THE ARTICLES.

69

The solemnity was followed by a banquet, given by the King to the ambassadors; but it was observed that, of the English who were present, only two appeared in the banquet. gay attire usually worn on occasions of rejoicing, and that those two were the Roman Catholic Gage, who had lately returned from Rome, and Carlisle, who would probably have decked himself with gold and jewels if he had been invited to a funeral.1

As soon as the banquet was at an end, the Privy Councillors repaired to their usual place of meeting, where, one after The oath of another, they took the required oath not only to the Council. observe the public articles, but also to abstain, either personally or by their officers, from exacting any penalty imposed upon the Catholics by the penal laws.

Of the whole number, six were absent. Naunton was now only nominally a member of the Council, and had not been asked to attend. Arundel was at Ghent, hanging over the death bed of his eldest son; Pembroke and Brooke were detained by serious illness; whilst the absence of Southampton and Zouch can hardly be explained on any other ground than that of disinclination to take the oath.2

private articles.

James kept the ambassadors with him till the evening, when he informed them that he was now ready to proceed to swear The King's to the private articles. They were four in number. oath to the He was to promise that no law which pressed upon the Catholics, without affecting their fellow-subjects, should ever be put in force against them; that whilst no fresh laws should be passed against them in future, a perpetual toleration, which was to extend to Scotland and Ireland as well as to England, should leave them free to exercise their religion in private houses; that neither he nor the Prince would ever allow the Infanta to witness anything repugnant to her faith, or attempt to induce her to renounce it; and, finally, that they would interpose their authority, and do their utmost to obtain

1 Chamberlain to Carleton, July 26, S. P. Dom. cxlix. 48.

2 The oath seems finally to have been taken by all except perhaps Zouch, who was about to take it when the breach with Spain took place. Whether he took it or not does not appear.