1623 BUCKINGHAM'S DOUBTS. 95 the conversation further, changed the subject to an inquiry about Khevenhüller's horses.1 July 30. Buckingham's ac state of the urge Oli vares to give way; Even when Buckingham was writing to James this feeling of doubt as to the ultimate issue of the business pierces through the surface. It was thus that, on July 30, he allowed adverse details which had been absolutely banished count of the from the joint composition of the day before, to find negotiation. a place in his private letter to the King. "In the meantime, sir," he wrote, "know that, upon the King's Council's and Court's expression of joy that the Prince had come into and accepted of their own offers here to be contracted and stay for the Infanta's following him at the beginning of the spring, we thought it a fit time, in the heat of their expressions, to try their good natures, and press the Infanta's present going. He is sent to Whereupon the Prince sent me to the Conde of Olivares with these reasons for it: that, first, it would lengthen much your days, who best deserved of them in this and many other businesses; it would add much to the honour of the Prince, which otherwise must needs suffer; the Infanta would thereby gain the sooner the hearts of the people, and so consequently make her desires and their ends sooner and easier to be effected in favour of the Catholics; that otherwise we should compass but one of those ends for which we came, for marriage, and not friendship, and so it would prove but like the French alliance; that the affairs of Christendom would easilier and sooner be compounded; that if he had any reason of state in it which he hoped to gain at the spring, I would show him how he would better compass it now than when distrust would beget the same in us; how your Majesty had been this year at a great charge already, and how this delay would but be of more to both kingdoms. With this I entreated him to think of my poor particular, who had waited upon the Prince hither, and in that distasted all the people in general; how he laid me open to their malice and revenge, when I had brought from them their Prince a free man, and should return 2 1 Khevenhüller to Ferdinand II., Ann. Ferd. x. 271. ? That is to say, the alliance between France and Spain by the double marriages of Louis XIII. and Philip IV. with each other's sisters. him bound by a contract, and so locked from all posterity till they pleased here; how that I could not think of this obligation, if he would not relieve me in it, without horror or fear, if I were not his faithful friend and servant, and intended thankfulness. He interrupted this with many grumblings, but at last said I had bewitched him; but if there was a witch in the company, I am sure there was a devil too. and to the Countess. "From him I repaired to his lady, who, I must tell you by the way, is as good a woman as lives, which makes me think all favourites must have good wives; whom I told what I had done. She liked of it very well, and promised her best assistance. Some three or four days after, the Prince sent to entreat him to settle her house, Day fixed for the and to give order in other things for their journey. Prince's departure. He asked what day he should go away; but himself named the 29th of your August, which the Prince accepted of. "Some two days after, the Countess sent for me, the most afflicted woman in the world, and told me the Infanta had told her the Prince meant to go away without her; and, for her part, she took it so ill, to see him so careless of her, that she would not be contracted till the day he was to take his leave. The Countess told me, the way to mend this was to go to the Conde, and put the whole business in the King's hands, with this protestation, that he would rather stay seven years than go without his mistress, he so much esteemed her; and if I saw after that this did not work good effects, that the Prince might come off upon your Majesty's command at pleasure. Message from the In fanta. Buckingview with "With this offer I went to the Conde. He received it but doggedly. The next day I desired audience of the Infanta, To taste her, I framed this errand from your Majesty, ham's inter- that you had commanded me to give her a particular the Infanta. account of what you had done, and that you had overcome many difficulties to persuade the Council to come into these articles, and that you yourself was come into them merely in contemplation of her; and that you had given order "If he would relieve me," in Buckingham's handwriting, Harl. MSS. 6987, fol. 129 b. 1623 BUCKINGHAMS HOPEFULNESS. 97 for present execution, and since you had done thus much to get her, you made no question but her virtues would persuade you to do much more for her sake. When I had done this, I told her of the Prince's resolution, and assured her that he never spake of going but with this end, to get her the sooner away; but that hereafter he durst use no diligences for her and himself, since he was subject to so ill offices; except she would take this for granted, that he would never go without her, which she liked very well of. When I had done this, I told her, since she was the Prince's wife, all my thoughts were bent to gain her the love of that people whither she was to go; and I showed her how the articles contained no more than for the time to come, but there were many Catholics who at this day were fined in the Exchequer, and though it would be some loss to your Majesty,though I think it would be none,—yet, if she would make a request to the Prince for them, your Majesty would quit it. 66 Assurance from the Countess I hope I have not done ill in this: but sure I am it hath not done ill to our business; for what with this, and that news of the sending the four ships to Leith, this that the In- morning the Countess hath sent the Prince this message, that the King, the Infanta, and the Conde are the best contented that can be; and that he should not now doubt his soon going away, and to carry the Infanta with him."! fanta will be allowed to go. July 24. The fleet ordered to sail. Already, some days before this letter reached England, the suggestion thus thrown out by Buckingham about the recusancy fines, had been carried out by the King. Almost immediately after the solemnity at Whitehall, James had set out on his progress towards Salisbury, where the Spanish ambassadors were invited to join him on August 4. Orders were at once sent off to Rutland to set sail for Santander as soon as possible,2 and Conway, in his usual hyperbolical language, had wished him for his return 'a wind like lovers' embracements, neither too strong nor too slack, and a sea as smooth as a lady's face so embraced.' 3 Buckingham to the King, July 30, Hardwicke S. P. i. 433. 2 The King to Rutland, July 24, S. P. Dom, xlix. 36. 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. 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 July 27. Remonstrances of Inojosa. 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. 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 granting the ' Calvert to Conway, July 24, S. P. Dom. cxlix. 38. 2 Inojosa to Calvert, July 27, 28, S. P. Spain. July 28, S. P. Dom. cxlix. 79. • 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. 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 made at Salisbury. 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 '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. |