24th February 1624

TUESDAY, 24 FEBRUARY 1624

I. JOURNAL OF THE HOUSE OF COMMONS, PA, HC/CL/JO/1/12

[CJ 672; f. 7]

Martis, 24⁰ Februarii 1623

L. 1a. An act for the naturalizing of Philip Burlamachi.

L. 1a. An act for the naturalizing of Giles Vandeputt.

SIR EDWARD HOWARD elects to serve for Calne in Wiltshire, and relinquishes Wallingford in Berkshire.

SIR EDWARD COKE moves to husband time. A great want in the realm of that which is the life of the kingdom: trade and [blank]; the want of vent of native commodities, which brings a great want of money; and that begets a disvaluation of all our native commodities. As in the natural body, so in the politic: when that inclines to a consumption, 2 medicines, adjuvans and removens. An excellent Parliament-work now to remove impediments. The exportation 28 Ed. 3 thrice as much as the importation; now the importation far exceeds the exportation. To have a select committee for this business.

MR. [WILLIAM] NYELL. At our last meeting here, this matter for trade much debated. The patents of monopolizing of trade the principal means of decay of trade. The Low Countries a good precedent, who abound in trade and shipping. The Merchant Adventurers' trade and the Eastland Company of London. The West Country men abounding in shipping, yet have masts, tar, etc. but from London. To have these patents brought in to the committee to be appointed for trade.

SIR WILLIAM COPE. That this committee may take consideration of the necessities of poor tradesmen, especially belonging to clothing.

MR. [THOMAS] SHERWILL. That the trade overcharged and over-burdened with some things prohibited.

A committee of the whole House, Thursday in the afternoon, and so every Thursday in the House.

MR. [JOHN] WYLDE moves a select committee for the abuses in the Exchequer.

L. 1a. An act concerning monopolies and dispensation with penal laws, and the forfeitures thereof.

SIR WILLIAM FLEETWOOD moves the bills against imprisonment contrary to Magna Carta and against taking of carriages may be provided and read tomorrow.

[f. 7v] L. 1a. An act for the ease of the subject concerning informations upon penal laws.

L. 1a. An act to prevent and punish in procuring process and supersedeas for the peace and good behaviour out of his Majesty's courts at Westminster; and to prevent the abuses in procuring writs of certiorari out of the same courts for the removing of indictments before justices of the peace in their general sessions of the peace.

Mr. Attorney General and Mr. Serjeant [Sir Henry] Finch bring from the Lords a message: that their Lordships, thinking the Painted Chamber too strait, have, in respect of the weight and importance of the business, thought the hall of Whitehall, already scaffolded, the fitter place. And that the Prince has, since the message yesterday, declared himself that he will be pleased to assist the Duke of Buckingham, as occasion shall be offered.

Answer from the House, by the same messengers, of thanks to the Lords for their care of the ease of the House. Embrace the new place; and, for the latter, will be most joyful to hear the Prince speak.

[CJ 673] Upon question, the Serjeant to attend, and every member of the House to deliver in his name and the place for which he serves unto the Serjeant at his going in.

MR. [WILLIAM] NYELL delivers in the bill for free liberty of fishing upon the coasts of America.

L. 1a. An act for the explanation of a branch of the statute, made in the third year of the King's Majesty's reign of England, entitled, An act for the better discovering and repressing of popish recusants.

L. 2a. An act for punishment of divers abuses on the Lord's Day, called Sunday.

Upon question, not to be committed.

Upon a second question, to be engrossed.

[f. 8] L. 2a. An act to prevent and reform profane swearing and cursing.

Upon question, not to be committed.

Upon a second question, to be engrossed.

L. 2a. An act for the general quiet of the subject against all pretences of concealment whatsoever.

MR. [THOMAS] WENTWORTH. This bill takes away the King's right in divers cases, as upon escheat by attainder, for want [of] issue etc. upon remainder in tail.

SIR EDWARD COKE. Tickets sent to the pretended owners of such a manor. These exceptions out of the purview of the bill. This no harm to the King, but good in making rich subjects; and then the King not poor. The officers gain all, the King nothing. They go to the possessions of William de Longa Spatha.

Committed to:

Tomorrow, in the Court of Wards, at 7 of the clock.

MR. JOHN HOLLES elects to serve for East Retford in Nottinghamshire.

[House adjourned]

II. JOURNAL OF THE HOUSE OF COMMONS, PA, HC/CL/JO/1/13

[CJ 716; f. 4]

Martis, 24⁰ Februarii

SIR EDWARD HOWARD, double-returned, elects to serve for Calne in Wiltshire.

L. 1a. An act for the naturalizing of Philip Burlamachi.

L. 1a. An act for the naturalizing of Giles Vandeputt of London, merchant.

SIR EDWARD COKE moves to husband time. Great want in the realm, a want of that which is the life of the kingdom: trade and commerce; the want of vent of native commodities. This brings another want, of money, that begets a disvaluation of all our native [CJ 717] commodities. As in the natural body, so in the politic: when that inclines to a consumption, 2 medicines, medicina removens and promovens. An excellent Parliament-work now to remove impediments. 28 Ed. III Exche. Reme., the exportation then 3 times as much as the importation; now the importation far exceeds the exportation. This medicina removens. To have a select committee for this business.

SIR GEORGE MORE. To have some of them that have already taken pains in it be of this committee.

[f. 4v] MR. [WILLIAM] NYELL. This business already much laboured in. The reasons of the decay of trade given the last convention. The monopolizing of trade the main cause. A precedent worth the looking on: a handful of the world, Holland, that have neither wool nor cloth nor few other commodities. 2 charters great hindrances to trade: first, the Merchant Adventurers'; the second, the Eastland Company of London. To have it ordered these 2 patents to be brought in.

MR. COMPTROLLER. Such his Majesty's indulgent care for this business, he has appointed a committee for it.

SIR WILLIAM COPE. This committee to take care that the poor of the country may have some provision for them.

MR. [THOMAS] SHERWILL. To have this committee to inquire of the charge that is upon trade.

This business referred to a committee of the whole House. Thursday to be the day, and so every Thursday in the House.

MR. [JOHN] WYLDE. To have a select committee for examination of the abuses of the Exchequer.

L. 1a. An act concerning monopolies and dispensation with penal laws and the forfeitures thereof.

L. 1a. An act for the ease of the subject concerning informations upon penal statutes.

MR. [EDWARD] ALFORD moves to send to my Lord Chamberlain to take order that none be admitted to the conference but members of that House, and the Serjeant of this House to take the like care for the members of this House.

Ordered, that 2 shall go to my Lord High Chamberlain and Lord Marshal; Sir William Herbert and Mr. [Edward] Alford to [be] the men.

L. 1a. An act to prevent and punish the abuses in procuring process and supersedeas for the peace and good behaviour out of his Majesty's courts at Westminster; and to prevent the abuses in procuring writs of certiorari out of the said courts for the removing of indictments found before justices of the peace in their general sessions.

[f. 5] A message from the Lords by the King's Attorney [General] and Serjeant [Sir Henry] Finch: the Lords signify that whereas both Houses did agree yesterday of a meeting and the place to be the Painted Chamber, they, taking into consideration the weight of the business and the straitness of the room, think fit, if it may stand with the liking of this House, to alter the place and to have it at Whitehall in the hall which is already scaffolded. And his Highness the Prince has offered, as occasion serves, to assist my Lord Admiral in the relation.

Answer: this House does return thanks to the Lords for their care of the ease and conveniency of this House. They willingly accept of the place offered and shall all be very glad to hear the Prince as occasion shall serve.

Ordered, that Mr. Treasurer and Mr. Comptroller shall take care that none be admitted to this conference but the members of this House. And the Serjeant also to attend.

Ordered, upon question, that every man shall bring his name, in writing, and the place for which he serves. The Serjeant to receive the names.

MR. [WILLIAM] NYELL presents to the House a bill for the liberty of fishing.

L. 1a. An act for explanation of a branch of the statute, made in the third year of the King's Majesty's reign of England, entitled, An act for the better discovering and repressing of popish recusants.

L. 2a. An act for punishing divers abuses committed on the Lord's Day, commonly called Sunday.

Upon question, not to be committed.

Ordered, upon question, to be engrossed.

L. 2a. An act to prevent and reform profane swearing and cursing.

Upon question, not to be committed.

Ordered, upon question, to be engrossed.

[f. 5v] L. 2a. An act for the general quiet of the subject against all pretences of concealment whatsoever.

SIR EDWARD COKE. The subjects had better give the King a continual subsidy than be vexed with these concealers and informers. Few men here but have had a ticket to the pretended owners. Not slept well that night; made him have a qualm when all his living shall be called in question.

Committed to:

All the Privy Council of the House

Tomorrow morning, 7 o'clock, Court of Wards.

MR. [JOHN] HOLLES elects to serve for East Retford in Nottinghamshire.

[House adjourned]

III. JOURNAL OF THE HOUSE OF COMMONS, PA, BRY/73

[f. 432]

Martis, 24⁰ Februarii, 21⁰ Jacobi

L. 1a. An act for naturalizing of Philip Burlamachi.

An act for naturalizing of Giles Vandeputt.

SIR EDWARD HOWARD, returned for Calne in Wiltshire and for Wallingford in Berkshire, elects to serve for Calne.

Upon motion made concerning the decay of trade and the causes and remedies thereof, a committee of the whole House was appointed to take consideration thereof and of all incidents concerning the same. And this committee is appointed for that service to meet in the House upon Thursday next at two of the clock in the afternoon, and so upon every Thursday during this session of Parliament.

A motion for a select committee for the abuses in the Exchequer, but no further proceeding at this time on it.

L. 1a. An act concerning monopolies and dispensations with penal laws and the forfeitures thereof.

Moved that the two bills against wrongful imprisonment contrary to Magna Carta and against unlawful taking of carriages, both passed this House at the last meeting in Parliament, may be brought in by the Clerk and read tomorrow.

L. 1a. An act for ease of the subject concerning informations upon penal laws.

An act to prevent and punish the abuses in procuring process and supersedeas of the peace and good behaviour out of his Majesty's courts at Westminster; and to prevent the abuses in procuring writs of certiorari out of the same courts for removing of indictments found before justices of the peace in their general quarter sessions.

Mr. Attorney General and Mr. Serjeant [Sir Henry] Finch bring from the Lords a message that their Lordships, thinking the Painted Chamber too strait for the conference between both Houses, have thought the hall at Whitehall (already scaffolded) the fitter place in respect of the weight and importance of the business. And that the Prince, since the message yesterday, has declared himself that he will be pleased to be present and assist the Duke of Buckingham as occasion shall be offered.

Answer returned by the same messengers (with thanks to the Lords for their care of the ease of the House), that this House embraces the new place. And for the latter part of the message, they will be most joyful to hear the Prince speak.

[f. 432v] Resolved, upon question, that the Serjeant-at-Arms shall attend at the door of the entrance into the said hall of Whitehall. And every member of the House to deliver, in writing, to the Serjeant, as he goes in, his name and the name of the place for which he serves.

MR. [WILLIAM] NYELL delivers in the bill for free liberty of fishing upon the coasts of America, which passed the House last meeting in Parliament.

An act for explanation of a branch of the statute, made in the third year of the King's Majesty's reign of England, entitled, An act for the better discovering and repressing of popish recusants.

L. 2a. An act for punishment of divers abuses on the Lord's Day, called Sunday.

Upon question, not to be committed.

Upon a second question, to be engrossed.

L. 2a. An act to prevent and reform profane swearing and cursing.

Upon question, not to be committed.

Upon a second question, to be engrossed.

L. 2a. An act for the general quiet of the subject against all pretences of concealment whatsoever.

MR. [THOMAS] WENTWORTH. This bill takes away the King's right in divers cases, as upon escheats by attainder, for want of issue, etc. upon remainders in tail.

SIR EDWARD COKE. This a most necessary bill. These concealers send out their tickets to the pretended owners of such a manor. The purvey [sic] of the bill extends not to the cases last moved. This bill not prejudicial to the King, but exceeding beneficial to his subjects, and so to him; for if his subjects be rich, he cannot be poor. The officers gain all by these concealments; the King nothing. They reach as far as the possessions of King William de Longa Spatha.

Committed to:

All the Privy Council of the House

To meet tomorrow in the Court of Wards at 7 of the clock in the morning.

MR. JOHN HOLLES, returned for East Retford in the county of Nottingham and for St. Michael in Cornwall, elects to serve for East Retford.

[House adjourned]

IV. DIARY OF JOHN HAWARDE, WILTSHIRE AND SWINDON ARCHIVES, 9/34/2

[p. 149]

Martis, 24 Februarii 1623

SIR FRANCIS BARRINGTON move pur un burges pur election de Wallingford in Berkshire.

1. L. Bill pur naturalizinge Philip Burlamachi, un Italian nee in Sedan.

1. L. Bill pur naturalizinge Giles Vandeputt de Antwerpe.

SIR EDWARD COKE. De husbander temps. Grande wante de trade in le realme; vent de native commodities. Principall cause de callante ascuns Parliament de va leer. Notre native commodities. Le pouer want work. Come est in le naturall corps issint in le politike corps: medicina removens et promovens. Neglecte del care destroy le corps in chescun trade ou misterie. 28 E. 3, exportacion exceede 5 times l'importacion. Causa una non unica. Committee pur trade.

SIR GEORGE MORE. Al mesme le purpoase.

MR. [WILLIAM] NYELL. [Blank]

SIR JOHN SUCKLING, SIR WILLIAM COPE. [Blank]

[p. 150] Committee del Huise. Thursdaye.

MR. [JOHN] WYLDE. [Blank]

1. L. Bill concernante monopolies et dispensaton ove penall leyes et foreiture del cest. Passe cest Huise le darrein cession.

SIR WILLIAM FLEETWOOD. Pur lie les bills de imprisonment vers Magna Carta, et cariages.

1. L. Bill pur ease del subjects sur informacions sur penall leyes. Passe ambideux Huises.

1. L. Bill pur de punier abuses in procurante proces de bon gesture, cerciorares and proces del peace.

Passe devant in ambideux Huises.

Message del seignurs d'avoir cest meetinge in Whitehall and le Prince de joynder ove le Duke.

Respons: doner thanks pur considerante notre convenience et serant exceedante gladde doier le Prince.

Resolve: sur question, pur Serjeant d'attender et chescun deliver tickette.

1. L. Bill pur explanacion del branche de 3 Jacobis vers recusants; fuit passe ambideux Huises.

2. L. Bill pur punie abuses sur le Lords jour nosme Sondaye. Passe ambideux Huises.

Sur queston, ingrosse.

2. L. Bill pur represser prophane swearinge et cursinge. Passe ambideux Huises.

Sur queston, ingrosse.

[p. 151] 2. L. Bill pur generall quiete del subjectes vers touts maner [et] pretense de concealments.

MR. [THOMAS] WENTWORTH. [Blank]

SIR EDWARD COKE. [Blank]

Sur queston, committe.

V. DIARY OF JOHN HOLLES, BL, HARL. MS 6,383

[f. 81v]

[24 February 1624]

The same morning came the Attorney General and Serjeant [Sir Henry] Finch from the Lords to alter the place to the hall at Whitehall, being large and ready scaffolded, and that the Prince (as occasion should serve) would join in assisting the reporters of the Spanish business.

And that none should be present but of the House at this meeting, SIR ROBERT PYE moved the Serjeant should stand at door with the book of their names.

It was ordered every man at his entry should deliver to the Serjeant a ticket of his name and the place he served for.

MR. [EDWARD] ALFORD moved (at the reading of the bill against profaners of the Sabbath with bear-baiting, bull-baiting, interludes, etc.) because they were liable to this ecclesiastical censure, as well to this temporal punishment, if punished by either, should avoid the other.

This bill being ordered to continue until the next session, SIR WILLIAM FLEETWOOD said this word session was grown ambiguous and in the room thereof coveted the word convention, for the King peradventure will not call it a session, and though in conscience we think it so, yet are we bound to call it otherwise.

MR. [JOHN] GLANVILLE would not have this bill put to the question whether it should be engrossed or no, for, said he, if a bill be denied engrossing, it is cast out of the House.

SIR GEORGE MORE began; long arguing does ever argue a doubt. This bill, said he, for profaning the Sabbath was well joined with that against swearing, as to eschew evil and do good.

A bill must first be put to question for committing before it be put to question for engrossing.

The punishment for swearing was 12d., if above 12 years old; if under, and not paying the 12d., to be stocked and whipped, the offence being complained on within 20 days after.

[Afternoon]

On Tuesday the 25th [sic] at Whitehall, in Buckingham's report.

[f. 82] No true-hearted Englishman but must be ill-affected to the match. He said he needed to begin no higher than Sir Richard Weston's negotiation to the Archduchess, wherein he made the first discovery of the Spaniards' indirect dealing.

The reasons moved the Prince to go into Spain were: he saw his father deluded by delays; his sister robbed of her inheritance; and that in regard of the treaty, things were granted in religion which otherwise the King would never have yielded unto.

The day after the Prince's arrival, Buckingham went to visit Olivares, who was so civil as to meet him in a garden, where he said his master could never sufficiently requite the Prince's journey. But, says he, we must have the match, we must be friends and part the world between us; but awhile after, he intimated a desire of the Prince's conversion, whereunto Buckingham answered the Prince would rather lose the match and all other respects in the world.

Buckingham observed Olivares's letter to the Pope's nephew for the dispensation to be very cold; he desired to have added unto it. The world had taken notice of the Prince's journey and he could not with honour return single. Olivares said if the dispensation did not come, the Prince should have the Infanta, if not as his wife yet as his mistress. Six weeks after the Prince's arrival, the dispensation came with this clause: that the King of Spain should be sworn to see our King perform all contained therein or to take arms against him.

A while after, the King of Spain called a junta of divines. The Prince, asking what it was for, was answered it was only for form sake; yet did they conclude the Infanta shoul[d] not stir before spring. Olivares meeting the Prince one day in the Prado, and the Prince pressing dispatch, he bade him satisfy himself she was his wife; yet the next morning, the Marquess of Montesclaros and Gondomar came with a message that unless the Prince would perform all in the dispensation, they could not proceed nor alter anything therein, no, not a word of false Latin if it were found in it.

This was the first time, said the Prince, he saw himself juggled withal.

The Bishop of Segovia said the King could not grant a toleration [f. 82v] without a hazard of rebellion, and therefore thought not fit to send his masters [sic] here.

Buckingham repairing to the Spanish council, or rather committee, by Olivares's directions, and receiving no satisfaction and so reporting to Olivares, being in the next room, he gave a knock with his staff and the council came presently to him, and after a long silence, all looking upon Gondomar as from whom this doctrine came, he said he thought not fit to send the Infanta here without toleration.

The Prince grew cheap among the seldom visited, especially by Olivares, saying the Prince looked sadly on him and therefore would not come to him, for he had no need of him.

Olivares, to show the match was a new thing and but lately intended, produced a letter from this King of Spain to him, which said: the King, my father, never intended this match, as your uncle, Don Balthazar de Zúñiga, well knew; therefore, though the treaty be already far advanced, yet find some means to break it off and I will make it good, and in any other thing you can, satisfy the King of Great Britain, who has deserved well of this crown.

Buckingham said, show me in any of the Spanish treaties any certainty, but all upon generals and nothing upon articles, and I am the weakest man alive.

The Prince wrote to [the Earl of] Bristol from the seaside, beginning: Bristol, the effect of it was to stay the proxy until he were assured the Infanta should not enter into [a] monastery when he were betrothed, saying he were loath a monastery should rob him of his wife.

The King would have no jewels or pension of £20,000 a year in part of portion. The Prince telling Olivares that a toleration would procure rebellion, Olivares said, fear not that, sir, we will bring you home with an army; whereupon the Prince commented, but not at that time, the remedy were worse than the disease.

Buckingham received a late dispatch from Sir Walter Aston, which said the King of Spain was gone to view his fleet, that he had made an embargo of all the English ships, put out the English and put in Spanish sailors.

VI. DIARY OF SIR THOMAS JERVOISE, HAMPSHIRE RECORD OFFICE, 44M69/F4/20/1

[p. 5]

Tuesday

MR. [JOHN] WYLDE made a motion about the abuses of the Exchequer.

Bill 1, of monopolies. Read this day, being passed the last meeting.

An act for prosecuting suits upon penal laws. Last Parliament passed both Houses, now first read.

SIR WILLIAM HERBERT and MR. [EDWARD] ALFORD to go to the Lord Chamberlain and the Lord Marshal that the members/

A message from the Lords: have taken into consideration the straitness of the Painted Chamber there; the meeting [now] at Whitehall, and the Prince will join with the Lord Buckingham in the relation of the business.

[Blank]

[p. 7] [Afternoon]

The conference at Whitehall, Tuesday

My Lord Buckingham. Whatsoever he speaks in it, he can get no honour. The Chancellor of the Exchequer with the Archduchess of Brussels.

A letter of the King to my Lord Bristol: no fruit of any treaty but frowns and scorns.

[Endymion] Porter to Olivares: that if the Palatinate might not be delivered, then the King of Spain should join with/

The Prince's resolution to go. Upon a desire to[o] to put off things of treaty from a general.

Olivares: the Prince to be converted, which was denied. The dispensation came. The Lady of Spain should take an oath, etc. that the King of England should see all things but [sic] in execution or else to take up arms against our King.

VII. DIARY OF JOHN LOWTHER, CUMBRIA ARCHIVE CENTRE, CARLISLE, DLONS/L/2/1

[f. 4]

[24 February 1624]

Al primes deux bill de denisation al discent etc.

SIR E[DWARD] COKE move remedies pour free trade et pour valuation de propre commodity que produce penury, et move pour committee. Tempore E. 3 £233,000 export moins import.

SIR GEORGE MORE expresse la care le Roi.

MR. [WILLIAM] NYELL expresse patents de monopolising este le sole hindrance: patent de Merchants [sic] Adventurers et Eastland Merchants. Expresse comment le States abound our liberty. Comment need merchandise, et il expresse comment want masts nec materials pour shipping.

[MR. THOMAS] SHERWILL move que le charge imposed sur trade semble al manacles que disable un de troisieme.

[MR. JOHN] WYLDE move pour le Exchequer fauxine proceeding et pour le perusal dell bill pour homage le sheriffs' account, et ease in pleading et il pray special committee.

[L.]1. Proceed al monopolies et publique bill et liant le b[ill] de monopolies, except al monopoly provision pour corporations. Al informers al process al commentatum only.

The bill of certioraris next read supersedeas.

An act for popish recusants read explaining 3 Jac. and for the execution of their leases made to them or in trust void a year's value to be forfeited by the persons trusted if not discovered who shall discover to have half.

[f. 4v] Rule: that if a bill be proposed to engross, if it be denied, it is to be cast out. First, to question if committed, then question if engrossed.

The bill of concealers next read.

Committees of grievance all in the House Monday and Friday.

[Afternoon]

The conference or meeting

The Duke. The charge imposed requires order. He desires [to be] excused, with the help of the Prince, if he mistake. Whosoever speaks shall not have honour howsoever affected. The English, if true, ill-affected because upon information to judge. He will inform without respect to any.

He began at the negotiations with the Archduchess.

Hampton Court, 3 October [1622], [King to the] Earl [of] Bristol. A letter how they respected Austria, with the children, expressing Heidelberg etc. besieged all while he in treaty. All to no purpose. Troubled to see that Infanta having a commission of cessation of arms and executes it not. [f. 5] How they recalled the ambassador if the Spanish satisfied not. They relied of the King of Spain's treaty, and kept only garrisons for treaty that then here exposed us to dishonour and reproach. He will promise, under seal, to render Heidelberg, [and] Mannheim and Frankenthal if they shall be taken. As also within 70 days, and his letter to the Emperor to be performed, cessation as Sir R[ichard] Weston propounded. And if the Emperor perform not, the King of Spain to join in arms to recover, else to suffer [us] passage through his countries. Of all, if not within 10 days answer truly, then to take leave that Bristol put it not home otherwise to proceed with the motion of marriage.

B[uckingham]. There went another letter by [Endymion] Porter, willed him to respite his return. Went Porter to come home within [blank] days. He, by direction, went to Olivares to expedite him within his time and desired only what promised: either to restore by treaty or to join in arms or passage. Olivares [replied], preposterous. Porter did ask of the match. He understood [it] not. He acquainted the Council, Lord B[ristol]. The Earl of B[ristol] challenged Olivares. After Porter's passage, the Earl did tell he had discovered [f. 5v] that it should be otherwise carried, he not [a] public messenger. Porter went again and Olivares told him he was to blame to betray the trust, having used him as a child. That Olivares told Porter nothing because not public that Olivares told Buckingham [he] hated Porter.

The Prince persuaded to go because the King['s negotiations] deluded, religion suffered [and] his sister's friends. Because was the disease desperate, the cure so. Buckingham moved the King that he might go. The King commanded him to go. The Prince landed at Bristol's. B[uckingham] visited Olivares in garden with Lord Digby and [Sir Walter] Aston. Talked in the garden it must be a match. Olivares said we must be friends and divide the world between. The ambassador took the advantage, but the Duke said these were generals.

The King of Spain and Prince met in Prado and the King took Prince and Porter. Olivares moved for the match presently without Pope. B[uckingham] assented. The Prince to be converted. He protested. To deal plain, not to bargain. That the Prince will not yield. All break there. Olivares to send to Rome, the sooner the better. He wrote and showed slack. He desired postscript; that the world would not be satisfied. Olivares might not. [f. 6] That have his wife, not go back without, the Prince avowed. Olivares's answer: it would not be. [Sir] Walter Aston pressed the stay, the date better interpretation. And the Prince put it on Olivares. He told the Prince never intended happy if at home.

All ceremonies after of entertainment. The P[rince] saw her in the street. He pressed a visit; deferred daily. You promised a visit within 2 days. He impatient, and Duke told Olivares that resolved not to see [her] until dispensation. Olivares put off. B[uckingham] served a resolution not to see her until dispensation. He assented and showed her prejudice. He had as dictated the grave, Lord!

P[rince]. The reason, because it was not his wife for certain, fitter to speak as a prince than suitor. He disliked but did it lest a breach. Offered as a mistress to lie with. In the country, pressed a new conversion.

B[uckingham]. With the King, that she afraid that he would suffer serve to satisfy her. Desired divines to show him no enemy to their religion.

The P[rince]: that he that a Lady might convert his [illegible]. Might spoil his reputation if forsake his religion; dishonourable, ill blood. And that he or the divines disrepute, and she will not go if she see him consent.

[f. 6v] The dispensation came. Olivares did desire to treat of the end of the friendship, which he refused, lest he might disadvantage and give it them. As the P[rince] said, to have them wed that he might delivered [sic] Palatinate. They concealed dispensation. A disputation at school. Buckingham pressed dispensation the [sic]. Appointed the treaty when he understood nothing of Olivares, but he to school. Heard of privately. Clogged: that the dispensation was to be delivered, but an oath first. If not sworn, then to take arms against England. That if to Rome again he would go off and asked the King if he would swear. Then they began to treat of religion. If anything added. B[ristol] by the Pope. Agreed not the P[rince] nor he than to one more general private promise, which Digby says was agreed. He denied the King sent him word he was in the right.

They had of divines to resolve if the King might do it. They say it was for form; not delay one hour. When the committee satisfied and the P[rince] reserved the nursing reserved to the P[rince] [sic], Olivares did desire to know. Pressed it was her match.

Then Marquess of Montesclaros [with] Gondomar as a new thing. That if he would not do all as dispensation, then nothing; not to alter broken Latin. [f. 7] The Prince offered a breach. Yet they had power to alter bad Latin.

The P[rince] then perceived juggling. They excused the priest['s] ignorance. Then to stay Rome, or my father: I accept both and to come to my father or to stay upon better terms. Olivares understood the breach. P[rince] desired stay for 20 days. P[rince] suspected. P[rince] sends to him not to stand to it. Therefore Digby told if he would stay, they would either do all.

B[uckingham]. That P[rince] pleased with all from Spain and saw Rome hindered all. But they did then desire the stay and propounded articles to send to the King by [Sir Francis] Cottington. They said he should not stay 2 days. The P[rince] sent [Sir Francis] Cottington. They angry; no day, one week they came.

They came with new propositions. When the P[rince] saw, desired Queen Mary and P[hilip's] oath to put in. They assented and they snatched out all. Amend but brought worse articles. Sent to the divines: that Infanta should not go to spring. Offer one article to the P[rince], which before he noted was for form. Olivares sent that if the King liked the articles, he should have her presently. [f. 7v] That he disliked this as dilatory and resolved a breach. That they displeased Olivares. Did propound stay until agreement sent from ambassador. Refer him to the council and asked, offer the question what the King of Spain can do to requite the P[rince]. He went to them but diverted. They looked and none said, go to Olivares. That he found expectation and referred to Olivares. He called all in. He spoke long to inveigle and he moved to shorten, to send her present[ly]. Bishop [of] Segovia: that King [of] England cannot tolerate without rebellion, nor he here, which is so granted as will follow them.

B[uckingham] concluded that they granted of much. That their intention that connivance. No toleration without Parliament. All looked of Gondomar, as intelligence from him. He spoke that the King wise and within the hearts of people, yet not fit to send her until execution, which he put upon B[uckingham] he knew he had done in England. B[uckingham] denied and said you begged of our King a match without disadvantage to guarantee religion. That B[uckingham] said the P[ope] might dispense and therefore unequal for their back door. And he said the Pope does not query and showed his copies they differed.

[f. 8] He offered, if stay until spring, a blank bill for the Palatinate if he will come to the conditions, else to come to arms. The P[rince] accepted the time. The council: this or else. He did all by interpreters to the Prince. When the P[rince] came to all, it was very pleasant to all.

That then he desired to have all hastened. See the King and that she might go along. For issue desired, and that Olivares would prepare all. Said bewitched; desired the P[rince] not know. Olivares desires a day when the Prince would go. Olivares sent Infanta. Took it so as want of affection, which Condesa [de Olivares] moved to stay seven years for seven years [sic] or he went without her. That the P[rince] said, when Olivares swore, he would bear the charge.

[Sir George] Calvert came with the letters and the articles sworn, and message to return within a month. They made show of joy but when they saw the King came to all, they were dejected. When the P[rince] told the speech of this conversion would make a rebellion, they said an army. The remedy worse than the disease. Provision made none. Howsoever, showed that he preferred stay. So before winter the wager, when the P[rince] was to come within a month.

That Olivares desired part of the Palatinate and promised restitution to his nephew to be married and brought up. But then they would not undertake nor raise arms against the Emperor howsoever. He beguiled and beg[ged] them. [f. 8v] And then no match nor friendship. So the Prince made a stay, if not of all the Palatinate, and the P[rince] came here to advise.

Then he charged Olivares with the joint confession. Then Olivares said he could do it without the Pope 3 ways: conversion; else put all to the Prince; else to tie them fast by hand and foot by conditions. If I were the King, I would do it; and if I persuaded, it should be done, but for his safety he would not. They offered if he, B[uckingham], turn Catholic, to send her. The Prince being cheap. That Olivares refused to move because P[rince] said Olivares the Devil. Could not break it; it was a match due within seven months.

Buckingham did desire to see that it was new. He sends for a letter to his closet of the King of Spain's will of his daughter, and a letter from him back.

King of Spain, 5 November [16]22. The King declared his intention not to marry with the Prince of Wales, which they [sic] Baltasar [de Zúñiga] knew. Intended delay, advance her dislike to break. Content the King or Britain in ought else.

[f. 9] The P[rince]. That the King [of Spain] affirmed he will make it run where his father, but go his reply. This, Sir Walter [Aston] answer, did wound all to whom the promise of the running was, which letters were written when Porter was in Spain. The letter laboured to cause Olivares to divert the treaty, and he would make it good.

The answer by Olivares to the King of Spain [8 November 1622]. Considering the treaty: that it was never intended, but to enlarge the treaty, and seeing the King so intends and she to go to Decallso if was engaged.

The King of England engaged 2 ways:

• [1.] For her friendship, for the Lady, the Catholics.
• 2. The Palatinate, his children.

Whether he governed by act of friendship. If it be a marriage, he fail you, engaged in a war against Emperor or England, when all conveniences will cease. If neutral, then neglect; the godly party before the convenient [party].

[f. 9v] The Emperor, though he would, cannot do, for Bavaria who more able to pay to all. The proposition is now for conference. The Emperor desires marriage with England and Palatinate, and this is better without blood. And this is the only means to have the children brought up in the Emperor's court. He hopes, by Gondomar, a way will be found for God and the King's service.

The P[rince's letter], after his going away, to the Lord of B[ristol]. He might remember that he spoke of the monastery, and require [proxy] not to be delivered until he hear and have security.

That upon the proxy, they saluted her as Princess, now retracted.

That [Edward] Clarke, out of Spain, told that he had a message from Bristol that they in Spain will, by an example, first of [sic] treat of [f. 9A] the Palatinate, then of the match, which is desired to be hasty.

[Mr. Edward] Alford. First, to treat of the marriage first, as first concerning us.

[f. 9Av] The P[rince] left the proxy with the ambassador but writ him a letter. To the King acquainted. Thought still stay for entering in religion; not to marry him with a portion of tears. Sends to see what the Palatinate will do and the ambassador. When he knew how the dispensation stood, yet he would have delivered the proxy though the portion then known; that if any show certainty, he would. That he sent a portion of £2,000 and her jewels, and delivered the proxy without speech of the Palatinate.

The King to Bristol by the King commanding Bristol [sic] [8 October 1623]. The Prince urged [in] his letter she might go to a monastery; therefore did command not to deliver it until he were secured. Goes on to rely of judgement in the security. And expressed great thanks to all, and presses the marriage with the Palatinate to be restored, or how to join in arms if the Emperor and [Duke of] Bavaria refuse. The Prince wrote the blank out of Spain.

[f. 10] 1 November [1623, Earl of Bristol to the King]. That the Pope has effected the dispensation. He knows not how to recall it, for the faith of a prince is engaged of until Christmas. It will be out the Palatinate; is a part [illegible]. And he shows he knows no reason why his dealing considered it should be delayed. He, by Sir [Walter Aston's] advice, passes on to a day prefixed. But he will defer it for 24 days, expecting answer in the meantime. He will evade.

I perceive your direction that you like the marriage. But direct only mistaking the time. Lest a suspicion be cast, he sends copies, enable. But if you intend not to proceed, it may be as well a month hence as now.

For the Palatinate, all diligence shall be used.

[24 October 1623, Earl of Bristol to the King]. Received the [King's letters of] 8th, the 21st of October. But because I find you intend to go on and mistake the time, as I send the copy. And he observes the King's intention and his instructions to secure it from the match, and doubts the King. They care to preserve the Palatinate and so told the Prince. That Olivares pressed a resolution for peace else war would follow the match.

[f. 10v] The question whether the Prince shall stay until restitution, which will be long, or to endeavour upon your grounds or former proposition. But if you expect to have it put off [until] after the dispensation be called for or put out of date, therefore hear that they profess to profane all. But for the Palatinate they will do their power. Therefore desires a clear power to deliver it. And will endeavour but the match, will be a good pawn.

The answer of the 24 days and a mistaking acknowledged. And that acknowledged. Olivares's motion. They send a new power to the end may have the power. They think it may be done and recites the new taking of a part of Palatinate. And therefore require under his hand a restitution of the Palatinate, or how or when he will join to restore. And he offers the match with the Emperor's son, and his education with them in England.

[f. 11] Secretary Conway presses solicitation of 15 days, a categorical answer at 5 days and to return.

An answer ante dated 6 December [1623, from the King of Spain]. That nothing can be answered more than before. That Prince Palatine must submit, but not fit to make him a formal party. That unjust to suspect the Emperor.

That the last to advise of 5 January to be signed, if he will having given answer. Yet they solicit:

• [1.] A mediation to the Emperor.
• 2. A time limited.
• 3. If not, to appear in arms against Emperor.

•     1. To assist the Prince performing but;
•     2. Content a time be limited. But since it cannot be done shortly, so to give order and to propose Bavaria.
•     3. That although I be certain the Emperor will incline, yet that takes away arbit[r]ament and loses respect with the Emperor.

That they take the ship yet offer new motions. That the hand intended in letter is mediation. The King desires opinion to trust to this or to stand on his own legs.

The Duke. That Spain prepares a fleet.

VIII. DIARY OF SIR NATHANIEL RICH, BL, ADD. MS 46,191

[f. 4]

Tuesday, 24 February, being the 2nd day of Parliament

SIR EDWARD COKE. Great and many wants in the realm. Specially want of trade and commerce, vent of our native commodities. That begets want of money and that begets a low estimate of all our native commodities. A monster that one privative should beget another. Yet these wants beget a lamentable want: the poor labourer wants work and so bread. As in the natural so in the politic body, when the body inclines to a consumption medicina removens et promovens to be applied, so in this case. Galen's maxim: that not the disease kills, but neglect of the cure in due time. Instance, light will come in by one window.

Merchandise exported and that is our native [blank]. Import of foreign [blank] wonders. How E. 3 should have support[ed] his wars, but then the exportation did exceed 5 times the importation as by the customs. 28 Ed. 3 in the rolls of the Exchequer, then the custom import came to but £38,000; but now contrary.

SIR GEORGE MORE. The King's great care concerning the matter last moved. The wants of the vent of cloth and want of coin has appeared to the commissioners appointed. Moves that those that have taken pains in it may be of this committee.

MR. [WILLIAM] NYELL. Long time spent in this business last Parliament and certain patents found prejudicial because by them trade brought into few hands. Wools fallen from 20d. to 12d. in Devonshire; and in Cornwall, from 16d. to 8d. per pound, so that it is fallen half. The native commodities of this kingdom brought into 60 or 80 hands. The Low Countries neither wool nor cloth etc., yet employ more ships. [f. 5] Two charters, one of the Merchant Adventurers, the other of the Eastland Company; these 2 charters having prohibitions against free trade, etc. We want in the outports masts, cordage, pitch, etc. But 6 masts in Dartmouth. No trade left now in the west but fishing. That these patents may be brought in.

MR. COMPTROLLER. That the labours of the committee and commissioners by his Majesty formerly appointed may be brought in unto the committee.

SIR WILLIAM COPE. That this committee may consider of the misery of the poor that want work. Whole towns have not in a whole week had a pound of wool or hemp to set themselves at work.

[MR. THOMAS] SHERWILL. Trade overburdened. No wonder if a manacled or fettered man cannot go. That this may be considered.

A committee appointed of the whole House every Thursday.

MR. [JOHN] WYLDE. 3 great offices in the Exchequer: the King's Remembrancer for entering suits and informations; the Treasurer's Remembrancer for fines, respite of homage, etc.; the Pipe Office for revenue. 4 bills last Parliament presented: viz. for ease of sheriffs in passing account; secondly, for respite of homage. That these bills may be passed. Also moves that for this cause because it is res integra: a particular committee, and that all that will come may have voice. But put all to the general committee and they to appoint subcommittee.

Bill against monopolies. First read.

SIR WILLIAM FLEETWOOD moves for the bill of Magna Carta and for carriages.

Bill against informers, relators, promoters. First read.

[f. 6] SIR JOHN ELIOT now moves that we may desire the place of meeting may be altered from the Painted Chamber to a fitter place, as the Banqueting House, etc. But this rejected because the place already agreed on by the Houses. Yet moved that hereafter it may be otherwise.

Bill to prevent abuses in removing of certioraris, etc. First read.

A message from the Lords brought by Mr. Attorney [General] and Serjeant [Sir Henry] Finch: the Lords have commanded them to attend this House, that whereas both Houses agreed to meet in the Painted Chamber and desire it may be in the hall at Whitehall. Further, whereas it was purposed that the relation should have been made by the Duke of Buckingham, now the Prince will join with Buckingham in that relation.

The House answers: they give the Lords thanks for their care of their ease and conveniency; they willingly accept of the change of the place and shall all be very glad to hear the Prince speak.

Ordered, that the Treasurer and Comptroller shall prepare the room. But one door to be opened. The Serjeant to stand at that door and every member of this House to deliver a ticket of his name and the place for which he serves.

Bill of recusants. First read.

Bill for observation of the Lord's Day. Secondly read.

It was much spoken to and questioned whether this bill should be committed or no, some exceptions being taken against [it]. In fine, it was determined that, by the order of the House, the first question must be for the commitment. That being denied, then the second question (the Speaker taking the bill in his hand) must make the question for engrossing.

Which was done accordingly and, upon the question, passed first not to be committed; secondly, to be engrossed.

Bill against swearing. Secondly read. Passed to be engrossed.

Bill against concealers.

[Afternoon]

[f. 7] At a meeting of both Houses at Whitehall in the Great Hall at 2 o'clock on Tuesday, 24 February 1623, being the second day of the Parliament.

Buckingham craves pardon if he keep not order. It is one of the greatest favours the King has put upon him to join in treaty. If a man will speak the truth, he must blush if he be honest; if he do not, malicious. Begins with the negotiation of the Chancellor [of the Exchequer] to the Archduchess, who made a discovery first of their indirect dealing.

Mr. Secretary [Calvert] reads the King's letter dated 3 October 1622. (The substance of the King's letter). From the King to my Lord Digby from Hampton Court. No fruits of these treaties but dishonour and scorn. Heidelberg taken, etc. The Infanta having an absolute power to make a cessation, yet would not. Sorted nothing but to a plain abuse. That the King of Spain would, within 70 days, procure that Heidelberg, etc. should be rendered. If these denied or delayed, that the King of Spain would join with ours or to permit a free passage through his countries. If no answer within 10 days, then the ambassador to take his leave.

Buckingham. My Lord of Bristol did not execute this so home, for the King sent another dispatch to require him not to come away but to press home the matter. When [Endymion] Porter brought this letter, he was not to stay above 10 days. Then went to Olivares; desires of him that if he cannot get the Palatinate by mediation, then to join by arms. This was wondered at, for, says he, the King to join against his uncle, etc. Porter told Bristol of it, who made as if he would have Olivares by the ears for it, but tells him next day the business must be carried in a calm manner. Told Porter that Olivares was shy of him because he was not a public minister. Porter expostulates this with Olivares, being his creature. Olivares expostulates with Porter that he had used him ill and still in hatred with Porter. Their treaties being thus in generals, the Prince resolved to take his journey. The government hazarded because of religion, the King being deluded and hopes that when she was here, he might do as he list.

[f. 8] Buckingham visits Olivares in a garden. Talks upon generals, magnifying the Prince's journey. We must be friends and part all the world between us. This a great offer by them that would swallow all.

Olivares, after this discourse with the Prince, who goes alone with him: let us make a match presently and not call for the assistance of the Pope. Then you must do that which we imagine, viz. that the Prince must be converted. Answered, we come not to bargain but tell you freely the Prince is resolved not to alter his resolution. Then, says Olivares, we must have a dispensation; thereon moves for a postscript. That to delay is to deny; to clog it with new conditions is to break it off. Buckingham pressed it home; Olivares in choler, joined by [Sir Walter] Aston's mediation. Buckingham tells the Prince that he thinks they never intended either the match or Palatinate.

After this, the Prince had a sight of his mistress in the streets, but 4 or 5 days the Prince could not see her. Buckingham desires Olivares to deal plainly: tell me whether it be true that there is a resolution the Prince should not see her until the dispensation came. He confessed it and said the Infanta was prejudiced in her honour by showing her in the street. At last a visit but not suffered [blank]. The Prince tells the reason.

Buckingham says Olivares promised her as a mistress. Then got the Prince to a house in the country. There they began to talk of conversion and pressed it hard. Prince says he said he as like to convert her as she me. Buckingham moved that he would hear divines; but refused as dishonourable. He dares meet but on reason altered. If the Infanta found that he would not be converted, worse, so refused. Olivares would treat of the ends of friendship, but denied because if they had not their ends, they would be worse.

The Prince thought first to make the match and then to have the no [sic] Palatinate more easily. Then comes the dispensation, but kept close until pressed [f. 9] Olivares would understand nothing, neither of the match nor of the Palatinate. The dispensation clogged, both in substance and delivery, for not to be delivered until the King of Spain had sworn. They answer, they would not tell what to do until they saw what we would do in matters of religion. The Prince would not enlarge the articles. The King of Spain requires a private promise, but Bristol would urge that as part of the articles between the two Kings.

Then a junta of divines to consider of the dispensation. When the Prince had gone through all the articles and reserved some things to speak with the King of Spain, he and the King of Spain satisfied, so that he said he could desire no more, for now it was a match and she his wife. Next morning comes Gondomar and tells the Prince that unless he would leap into all as the dispensation came, there was nothing to be done.

Prince. This the first time the Prince saw clearly they juggled.

Buckingham. The Prince resolved to take his leave. Then Olivares propounded that the Prince would stay until he might send to the King or to Rome. The Prince accepts both: send you to Rome and I will go to my father.

Then Olivares propounds the Prince would stay 20 days and make our King judge of it. The Prince says, they would not oblige him to keep his word; this staying of the Prince 20 days they held as punctillio but yet they bound him to it.

3 weeks before, they could get the articles promised the next day. And then clogged with new propositions, they hoping the Prince would not look on them. When the articles concluded, then comes the resolution of the junta that the Infanta should not marry until the spring. Then Olivares propounds that if the Prince would stay until the King of England had leaped into the articles and the execution of all, then they would alter the resolution of the junta.

[f. 10] This a worse proposition than the former, to stay until the spring. Moved to ask the council of state about it. But then Olivares moves; the question moved, what the King of Spain could do to requite the Prince's coming. The council say they must speak with Olivares. Bishop [of Segovia] answers that he hears the King of England cannot alter religion without fear or rebellion, no more than the King of Spain.

Buckingham tells him they intended not a match but a rebellion. Gondomar says the King of England great, etc., but thinks not fit to send the Infanta until they see an execution of all things concerning religion. The offer of the King of Spain's daughter came on the King of Spain's part. This the King refused because they had a back door to leap out, viz. the Pope's dispensation. At last they tell the Prince he should have a blank paper to set down what conditions he would for the Palatinate. The Prince took time to consider of it, and sent to Olivares to know whether this were true. He answers, yes. Notes that always Buckingham's interpreter made the relation to the Prince.

At length the Prince came into treaty. The great joy. Then Buckingham moves that the Prince might return. The King old; his only joy to see his son again. Olivares tells Buckingham the Prince had bewitched the Infanta. She would go with him, all things preparing, but to be kept secret. At last Olivares prays the Prince to appoint his day. Then he tells the Prince the Infanta took his return very ill. And the Countess [Olivares] persuades the Prince to say rather than he would go without her, he would stay 7 years. Olivares seems angry that charge of the preparation was lost. The Prince offers to reimburse the charge. By this time, [Sir Francis] Cottington comes with letters from England that all went on well in a way of execution and that the Prince should be at home within a month. Upon this, the Spaniard dejected. [f. 11] The Prince said the speech of his going to confession would make a rebellion in England. Fear not that, says Olivares, we will send an army with you. They desired to have the Prince betrothed. To restore the lands to the Palatinate's son.

Buckingham. The Prince came home with protestation that if they could go no further, then a breach of all. That the Pope never gave consent to the dispensation until the King of Spain had told him now was the time.

Olivares said he could make the match without the Pope. 3 ways to effect this match: first, the conversion of the Prince; this ill. Secondly, that the Prince should marry her without any conditions. Thirdly, to tie him as fast as could be to it. They had said 2 ill ways, one good. Olivares, as a private man, would take the 2nd way. Offered that if Buckingham would be a Catholic, the Prince should have her. At last, they would hardly visit the Prince but Olivares sends to treat. So cheap did they make of the Prince. Olivares told Buckingham it was a match, none could break it.

The King's letter to Olivares, 5 November 1622. The King, my father, declared that his intent was never to match with the Prince; ever treated with intention to delay. In all things, procure the satisfaction of the King of Great Britain so it be not with the match.

Olivares's answer, 8 November 1622. Only to make use of this match for Germany and Flanders. The King of Great Britain, 2 ends: to secure his Catholics at home; to get the restitution of the Palatinate. Catholics against heretics as in France. The Emperor's daughter with the Prince of Wales, and the Prince Palatinate with another. To breed the young Palatinate in the Emperor's court.

Buckingham proceeds. The Prince left his proxy in the ambassador's hands to keep until he had spoken with his father. The King would not marry his son with a portion of tears to his daughter. [f. 12] The ambassador commanded not to deliver it until the business of the Palatinate agreed. The confirmation came clogged from Rome. The late letters read. The Lord Bristol was warned not to proceed in the match without treaty of the Palatinate; but he did contrary, desiring to leave the Palatinate to the Infanta when she came here. For the portion, she should have £20,000 per annum pension and the rest in jewels. The King's letter to the Earl Bristol read: to know what the King of Spain will do for the Palatinate. The Prince's letter to Bristol in Spain: that the Infanta, after her betrothing, might go into a monastery. Bristol writes that, contrary to the King's commands, he'll deliver the proxy within 24 days. 1 November 1623. His letter read. Hereupon, the King writes a peremptory letter to forbid him. Bristol's letter to the King of fair honour and promises, 28 October last. Nothing in this but generals. The powers renewed. Part of the county [sic] delivered to the Bishop of Mainz, contrary to the treaty and without rule of law. Commanded before the delivery of the powers to get assurance of restitution of the Palatinate and also that the temporal articles be agreed before the powers delivered. 13 November 1623, from Conway to Bristol. Delay no better than denial. Answer within 5 days, else to come home. The King of Spain's answer, touching the Palatinate: submission and assures. Count Olivares tells the Prince he had no power with the Emperor. The King of Spain's last answer, on which our address by letter 5 January last. The Duke has sent for an explication but still referred to the letter. Solicited in three points to use all mediation: the King of Spain will do the best, the Palatine yielding submission as articles of the treaty; secondly, content that a limited time be set for mediation; thirdly, that he would employ his arms: this he excuses in case mediation should be denied.

IX. ANONYMOUS DIARY, KENNETH SPENCER RESEARCH LIBRARY, UNIVERSITY OF KANSAS, MS E237

[f. 95v]

24 February

Was spent in reading of bills.

The Lords sent us a message that they had considered of the inconvenience of the Painted Chamber for our meeting and therefore had appointed the hall at Whitehall to be the place of meeting, if we liked thereof; and that the Prince would assist the Duke in his relation.

We returned the Lords thanks for altering the place, and should be very glad to hear the Prince speak. So in the afternoon, there we met.

X. DIARY OF EDWARD NICHOLAS, TNA, SP 14/166

[f. 5]

Tuesday, 24⁰ Februarii 1623

MR. [THOMAS] SHERWILL. That trade is overburdened. Desires that a committee of trade may take a consideration of the burden and charge that is laid on trade [f. 5v] of late years.

It is ordered that there shall be a committee to consider of trade and the decays of it. This to be of the whole House and it to sit every Thursday, and to begin next Thursday.

MR. [JOHN] WYLDE. That there are 3 great officers: the King's Remembrancer, the Treasurer's Remembrancer and the Clerk of the Pipe. That there are many abuses in all these offices; that there were 4 bills prepared the last convention for remedy hereof. Desires that those bills may have the furtherance of this House to be speeded; and would have a certain committee for the business of the Exchequer only, and that it may not be involved in the business of the grand committee for examining of abuses of courts of justice.

The SPEAKER says that this business of the Exchequer may be effected by a subcommittee from the committee which is appointed for examination of the abuses in courts of justice.

And so now it rests.

An act concerning monopolies and dispensations of penal laws and the forfeitures thereof. r. p.

This bill passed this House the last Parliament. By this, whosoever being hindered or disquieted by any charter, commission, etc. of monopolies does sue, shall recover double the damages he suffers and in such cases the defendant shall not be admitted to wager law. By this, all commissions, warrants of restraint, proclamations or inhibitions, shall be void, and such as put any of them in force and avoid trial of the common law shall not be admitted to wager law for their defence. r. p.

[f. 6] An act for the ease of the subjects concerning informations upon penal laws. r. p.

By this, that all actions brought by any common informer in any popular action shall be within the county where the offence was truly committed. That no officer of any court of records shall file any information until the informer has sworn legally that the offence was committed according as is said in the bill, which bill is not to be allowed if it be not well laid. Provided that this shall not extend to any information against popish recusants, or for any business of champerty, maintenance, buying of titles, etc. r. p.

It is ordered that there shall go messengers to the Lord High Chamberlain of England and to the Lord Marshal, to take order that there be none at the conference but the members of both Houses. Sir William Herbert and Mr. [Edward] Alford to be the messengers.

An act to prevent and punish the abuses in procuring supersedeas and writs of certiorari. r. p.

By this, no writs of supersedeas for the discharge of the good behaviour shall be granted but upon open motion in the court. That the cause of the granting of the writs of supersedeas shall be expressed in the writ, etc. This bill passed the last Parliament, both Houses. r. p.

Message: that the Lords signify that whereas both Houses did yesterday appoint a meeting yesterday [sic], that, by reason of the straitness of the Painted Chamber, their Lordships offer to our consideration to have the hall at Whitehall, which [f. 6v] is ready scaffolded and will be more easy for us to hear and those that shall deliver it. And further, that since their Lordships' message yesterday, the Prince is graciously pleased to vouchsafe to give notice this day that his Highness will also assist the Duke of Buckingham as occasion shall be, whereof their Lordships thought good to give us notice.

Our answer: that this House does give their Lordships thanks for their care of the ease of the members of this House. That they will give meeting at the place appointed and shall be very glad to hear his Highness speak.

The Treasurer and Comptroller of the King's House[hold] are ordered to have a care that none but the members of this House be suffered to come to the conference this afternoon.

And the message to the Lord High Chamberlain and the Lord Marshal is spared.

It is ordered that every member of the House shall, at his entering into the House at the conference this afternoon, give his name and the place for which he serves, and the Serjeant of this House to attend to take the same notes.

An act for the explanation of a branch of a statute made in 3⁰ Jacobi, entitled, An act for the better discovering and repressing of popish recusants. Roi s'avisera.

By this, all the laws against papists shall be put in execution forthwith. That all leases of the [f. 7] second part of papists' estates leased to the friends of papists, whereby they receive any benefit or be any ways relieved by any part of the said second parts, shall be void, and the offenders who have such leases shall not, by themselves or any other, receive any benefit by the same leases, but shall be in the King's hands to be disposed. And every person trusted shall, within 3 months after the end of this sessions [sic], discover the same in the Exchequer, and those that so discover such trusts shall have the moieties of such estates so leased. This bill passed this House the last convention and also the Lords House, but was not then sent down from their Lordships. 1. L.

An act for the punishing of divers abuses committed on the Lord's Day, called Sunday. Le Roi s'avisera.

MR. [EDWARD] ALFORD desires there may be a proviso that an offender, having been punished here for the breach of the Sabbath according to this law, may not again be punished by the spiritual courts.

SIR EDWARD COKE would have the breakers of the Sabbath double-punished, and therefore that the ecclesiastical courts barred therein by this bill.

SIR WILLIAM FLEETWOOD would have the clause for the continuance of it (which is mentioned to be but until the next sessions [sic]) explained, for that word "until the next sessions [sic]" is a word now of ambiguity. And though he believes what the King has said of the last sessions [sic], yet it has bred much trouble in the country since the last Parliament whether it were a sessions [sic] or not.

[f. 7v] MR. RECORDER FINCH. That there was the last convention some opposition concerning this bill and yet at length it passed; and he would have it pass as it did then, lest there be hereafter a stop in it by the Lords, who may say that if it had passed here as it did the last Parliament, they would have given way to it. But since we have departed from ourselves, they will also alter their opinions. He would have it put to the question for the engrossing of it.

SIR GEORGE MORE says that the question is first to be put, whether the bill shall be committed or no, and then whether it shall be engrossed or no.

It is ordered, by question, that this bill shall be as it is now engrossed.

An act to prevent and reform profane swearing and cursing. r. p.

It is ordered, by question, that this bill for prevention of swearing etc. shall be engrossed as it is now, having so passed the last convention.

An act for the general quiet of the subject against all pretences of concealments whatsoever. r. p.

MR. [THOMAS] WENTWORTH says that there be escheats, forfeitures by felons or others, and lands may accrue by reversions in the tail to the King, and yet the King never receive any profit of such lands. He therefore desires that, for the better success of this bill, there may be consideration had of these things.

[f. 8] SIR EDWARD COKE. That when a subject has committed felony and is convicted for it, the King is presently interested in the estate, and there is no claimer of such estate in competition with the King.

This bill is committed.

[Afternoon]

At a conference between both Houses, Tuesday, 24⁰ Februarii 1623

Lord Buckingham desires to be excused if, in the business which the King laid on him, he observed not order. That it not the least honour his Majesty has put him under the protection of the Prince. That the business is of such nature that a man can get no honour by it. If I speak like an Englishman and the truth, I should be thought malicious. I will leave that which shall concern any particular minister, either of the King of Spain or my master, and will begin with the negotiations of the Chancellor of the Exchequer at Brussels with the Archduchess, where first was discovered that which caused his Majesty jealousy. [Blank]

Secretary Calvert. 3 October 1622, [letter] from the King to Earl of Bristol, signifying that his Majesty has long laboured to merit well of the King of Spain and the house of Austria, and yet the proceedings of the Emperor have been such by the taking of Heidelberg whiles [sic] his Majesty treated, to the scorn and dishonour of his Majesty. [f. 8v] That Bristol should immediately treat for the delivery of the Palatinate, that Heidelberg be delivered within 70 days in our King's hands, and that if the Emperor refuse to restore it, that he shall labour the King of Spain to assist his Majesty in the gaining of the Palsgrave's honour and patrimony by war, or at least permit him to carry an army through his country for such forces as our King should send into Germany. And if the King of Spain refuse or delay to yield to these requests, that then Bristol should come away.

Lord Buckingham says he will speak briefly and wherein he errs, the Prince will correct him. That Bristol did not put so home the command of our King, as he had by this letter directions to have done, which letter [Endymion] Porter carried with command to return within 10 days, but Bristol delayed him.

Then Porter stepped to Olivares and desired of Olivares that he would speed his dispatch and, that according to the King of Spain's promise, the Palatinate might be restored, or that the King of Spain would join with our King against the Emperor for the recovery of the Palatinate, or give way for an army to pass through. That Olivares said it was a preposterous demand, for it would never be, and for the match, it was never intended.

Porter told Bristol of this, who said Olivares should know that an earl in England was as good as a conde in Spain. But the next day, he said to Porter that a business of this consequence must be carried with more temper, and said he would go to Olivares and learn the full of him, which he did, acquainting Olivares with what Porter said. Hereto, Olivares said he took it ill that Porter, being his old servant, should discover what he had told him for a secret.

That the Prince seeing that the point of religion did suffer, whereto the King would, as the Prince said, have never have yielded to but through hope that when the lady was here, she might have been ruled as they pleased. And his Highness, seeing these delays upon the relation of Porter, desired to go himself to Spain and wished Buckingham to acquaint the King with his desire. Whereupon Buckingham replied, it was something desperate; whereto the Prince, that the business was desperate and must have a desperate cure.

The Prince, the first day he came to Spain, went to Bristol and I to Olivares, who, magnifying the Prince's coming, said to Buckingham that his master and our King should divide all the world between them. And in this, said Buckingham, he thought he did us a great favour, for in their conceits they have already swallowed the world. [f. 9] That our ambassadors in Spain, understanding of these great promises of Olivares to Buckingham, desired Buckingham to confirm their intelligences to our King. But Buckingham said that Olivares's words were but generals; when he saw their particulars, he would write to confirm their intelligence to our King. After, Olivares told Buckingham that the match should be effected presently without the Pope, whereto Buckingham seemed willing. Then Olivares said that one thing must first be done, which he thought Buckingham and the Prince would not have come there without a resolution to perform; and Buckingham demanding what it was, he said that the Prince might be converted. But Buckingham said he would at first tell what they meant to do, which was there was no hope of it, for the Prince was settled in his religion and would rather break the match than change it.

Then Olivares said he would write to the Pope and drew a letter to the Pope's nephew, which being not so effectual as he wished, Buckingham desired a postscript. Whereto Olivares would not yield, though he pressed it; whereon Olivares grew in choler, which when he saw, he did, by the advice of Sir Walter Aston, desire him to expedite the dispatch, and the sooner he did the more he should make us beholding to him. And this was the first time that Buckingham discovered to our Prince that they intended neither the match nor restitution of the Palatinate, and wished they were in England again.

Then were we entertained with solemnities, and after some time the Prince saw not his mistress but in passing through the streets. It was desired his Highness should see her again, but too many delays were made. And having notice that it was a resolution that the Prince should [f. 9v] not see her until the dispensation came, I asked Olivares whether it were so or no, which he confessed to be true, and that there was a scandal taken by the great men at court that his Highness had had sight of her in so open a manner. [Blank] That at length, he had a visit with the lady, but was not admitted to speak any to her other than what words were dictated to his Highness.

The Prince says that the reason was, as they told him, because they did not know whether the lady should be his wife or no, and therefore his Highness should speak with her as a prince, not as a suitor.

a. Then Olivares's words ever exceeded his actions, and he often said that the dispensation was come, and if not, that yet there was a way found that the Prince should lie with her this night, if not as his wife yet as his mistress. b.

Then they entertained the Prince at a house in the country, where he was again pressed for conversion; and being asked whether he did not love the papists, said he did the persons of papists. And much discourse there was that the Infanta was fearful that his Highness was an enemy to that religion, and it was desired that she might speak with the Prince if she found any scruple in her conscience concerning his religion; which the Prince accepted, for that as his Highness now says, he thought he should as soon convert her as she him.

Then the Prince was moved to speak with divines, which he seemed unwilling unto, saying if he did speak with them, he could hear no more than he had heard of it, and it might then prove a scandal to their religion, and make the Infanta think that she should not prevail therein with his Highness hereafter. [f. 10] Still they pressed the Prince and much time was thus spent until the dispensation came. [Blank]

6 weeks after came the dispensation, and it was 4 days before the Prince knew of it; and there was a conference agreed on concerning dispensation. [Blank] But Olivares, before he could treat of particulars, was sent to school, for he understood not any of the particulars of the treaty. [Blank]

That the dispensation was clogged both in form and matter. And one particular condition of the dispensation was that the King of Spain must take an oath if our King refused to agree to the articles and to put them in execution, that he shall take arms against him. That the Prince nor Buckingham would, nor could, enlarge any of the particulars. [Blank]

[f. 10v] That there growing a question between Bristol and Buckingham upon the enlarging of one of the particulars or articles, Buckingham was opinastre and would not yield to it. But Bristol saying he knew that that article was agreed on by both Kings; but our King, after an [sic] notice, said Buckingham was in the right. [Blank]

That the Prince reserved to speak with the King of Spain concerning the coming to Infanta's church here, the breeding of her children, the nursing of them, when the King of Spain told him it was a match. [Blank] At length, a commissioner of Spain came and said that they could not alter a word of the dispensation; no, not if there were false Latin in it. At length, they said they were blind and could not read their dispensation.

[f. 11] [Blank] That the dispensation being clogged at Rome, the Prince desired that they would labour with the Pope to consent to that which they desired concerning the dispensation, and his Highness would go and negotiate to his father to yield to that which was added to the dispensation, or articles, whereon it was grounded. [Blank] They would have the Prince stay, and send to make our King judge of the articles; whereto, if the King did not consent, yet the Prince should have her upon his own conditions, and though he did swear to their articles, yet he should not be tied to their/

That when the Prince was resolved to stay, then the articles were concluded on, and his Highness prepared to send Sir Francis Cottington away with the articles. [f. 11v] After the articles were sent away by [Sir Francis] Cottington, the junta of divines would not yield that the lady should come away until the spring, which made the Prince to resolve to break off the match and not to say any longer. [Blank]

That Olivares offered that when the Spanish ambassadors had certified from England that our Lords had consented to the articles, then the lady should presently come away with the Prince. [Blank]

Olivares desired Buckingham to ask what some of the King of Spain's council thought the King of Spain would do, by way of gratitude or requital to the Prince, for his favour in coming there; and when he came to the council, they could not tell what answer to give Buckingham but would send to ask of Olivares; wherewith he acquainted Olivares concerning their faithfulness to him, and Olivares sent for them and seemed that they should/

That the Bishop of Segovia said that he thought the King of England could not give a toleration in religion without making a rebellion, for the King of Spain could not do the like there without an insurrection there, and that which our King had granted was as much as toleration. [f. 12] That Buckingham said that our King had a power to dispense with the execution of the laws here, but a toleration was a work to be performed by Parliament. Then all their eyes were on Gondomar, who said that he meant that the articles concerning religion should be put in execution before the lady came into England, and charged Buckingham that he knew so much; whereto he replied, he knew the contrary; that which he knew was that Gondomar begged a match with us. Which this Gondomar took ill, and after requite the Duke with ill offices, which he valued not.

Then there was a proposition if the Prince would stay, he should have a blank paper to set down what conditions he pleased concerning the restitution of the Palatinate. [Blank] Then the Prince sent again to see if he should have the blank paper for the Palatinate, which was answered, he should if he would swear to the articles; but if he did not swear to them, he must get it by the sword. Then the Prince, for the good and peace of Christendom, did accordingly swear to the articles, which caused a great deal of alacrity in Spain.

This advantage, Buckingham says, he took to procure the Prince to return to England. Buckingham says that he could not treat but by an interpreter, and as soon as he had done the treaty, he brought his interpreter to make relation to the Prince what he had treated of.

[f. 12v] [Blank] Buckingham desired that Olivares would set down a day for his Highness's going, which he did. And then the Lady Infanta, as Olivares sent word to the Prince, took it ill that the Prince, for a small circumstance of time, would leave her; and the Prince, by the entreaty of the Countess of Olivares, said he would stay there 7 years rather than go without her, assuring her that such promise should never be urged against him. [Blank]

Then came [Sir Francis] Cottington with the articles and letters of certificate from the Spanish ambassador, subscribed by our Lords, whereat they seemed as much dejected as they were before lifted up with joy; and [Sir Francis] Cottington brought command from our King that the Prince should come away within a month.

[f. 13] [Blank] When they pressed the Prince's conversion, his Highness said that the treaty of it was enough to make a rebellion in England; whereto they answered, that his Highness should not need fear it, for they would send an army with him, which thing the Prince said was a remedy worse than the disease.

And the Lord of Bristol laid a wager of a ring of £1,000 with our Prince that his Highness could not come away before Christmas, which Bristol lost and has paid.

That when the Spaniard saw that our Prince must go home, then they would have the Prince contracted, but Olivares would have the Palatinate agree. [Blank]

[f. 13v] That Prince says that Olivares said it was a maxim in the state of Spain never to raise arms against the Emperor though his Imperial Majesty did beat or buffet them; whereupon the Prince said, if that were their resolution, no match, no friendship with them could go forward or continue.

Buckingham told Olivares that he had been the cause of clogging the articles. [Blank]

Olivares said/

[f. 14] 3 ways to effect the marriage.

1. The Prince's conversion, of which he said no possibility.

2. That the Prince, having put himself into the hands of Spain that the King of Spain shall conclude the match and rely upon the Prince for the performance of all.

3. Was to, by strict conditions, to tie the Prince hand and foot to them.

Whereto the Duke of Buckingham said, they had chosen the worst of these ways.

That if the Duke of Buckingham would have been a Catholic, the Infanta should come over and all should be concluded. The Prince now says that this is true.

That now the Prince grew cheap among them, and his Highness grew sad. Olivares said, now the Devil could not break the match; whereto Buckingham said, he thought so, for it was 7 years in treaty.

[f. 14v] A letter from the King of Spain to Olivares, 5 November 1622, as the Prince and Sir Walter Aston could remember to set it down after 6 times' reading. The King, my father, declared at his death that he [sic] his intent never was to match my sister, his daughter, with the Prince of Wales, which his uncle, Don Balthazar, understood and so treated of this match ever with the intention to delay. Notwithstanding, it is now so far advanced as that, considering the averseness of the Infanta [blank]. But in all things, procure the satisfaction of the King of Great Britain, who has deserved very much, and it shall content me whatsoever it be, so it be not in the match. [Blank]

[f. 15] 8 November 1622, a letter from Olivares to the King of Spain in answer of the former letter. Concerning the treaty with Spain/

That the King who is dead never intended/

That there is a/

But enlarging the treaty to make use of the King of Great Britain.

That the Infanta is resolved to put herself into a monastery when you shall press her to make that match. [Blank]

The King of Great [Britain] is/

Knowing that the Infanta is the best born lady of the world.

Lord Buckingham says that upon this, the Prince, when he came away, left a proxy with the ambassador, Bristol, but to be kept in the ambassador's hands until the confirmation came. [Blank] [f. 15v] That though the confirmation came clogged from Rome, yet Bristol went on with the proxy. [Blank] That there is nothing at Spain but uncertainties. And the Prince gave order, when he came away, that the proxy should not go on unless that confirmation came cleared, yet Bristol went on. [Blank] And said that he treated not of the Palatinate, but he left for a work when the Infanta came here. [Blank]

The Prince's letter to Bristol from the seaside. That he should not deliver his Highness's proxy until his Highness might have [f. 16] security that the Infanta should not go into a monastery after his Highness was contracted, which she might do by dispensation.

That our King said he liked all the proceedings by the Prince, but he would not marry his son and leave his daughter in Spain.

8 October 1623, our King's letter to Bristol to acquaint the King of Spain of our Prince's safe arrival, and that he should not deliver the proxy until he had taken security for the lady's not going into a monastery, which he refers to Bristol's discretion. That his Majesty ever understood that on the match there should be a clear restitution of the Palatinate and electorate, and that he should make demand to that purpose of the King of Spain, relying on the King of Spain's promise to give a blank paper for our King to set down his own conditions for the Palatinate. [Blank]

Bristol's other letter, 1 November 1623, to our King, signifying that he heard the confirmation is coming clear from the Pope, and that it will be expected he shall deliver the power or proxy which our Prince did publicly promise he would not revoke. [f. 16v] That he would (if the proxy should be demanded) deliver it, if he had no[t] an answer within 24 days. That if the match were deferred until Christmas, the proxy would be out of date; and if the Palatinate should be insisted on, it would be wondered that it should be added to break this match, for the proxy was not delivered to him on any condition for the Palatinate. [Blank]

To the complying of the proxy, the Prince says he was not sworn, nor to no more than was contained in the articles. [Blank]

Lord Bristol, 24 October 1623, in answer to the King's letter of the 8th of October 1623, signifying that though he be set free from the doubt of the Infanta's entering into a monastery, yet if he will not have the proxy delivered until Christmas, nor the marriage until some of these holidays/

[f. 17] That it is a care of the Spaniard that the business of the Palatinate should be ended before the match be concluded, for otherwise they think that they may have a war with us within a few days after the effecting the match. It is not [to] be doubted that the King of Spain, concluding the match, will [not] be averse in the restitution of the Palatinate.

The Prince did agree, by the temporal articles, that the proxy should be delivered within 10 days upon the coming of the confirmation clear without clogging, and that the Spaniard knows as well [as] his Majesty himself that the proxy is expired Christmas eve. [Blank]

That he communicates all things concerning our King's service to Sir Walter Aston. [Blank] He desires to have leave to deliver the powers or proxy upon the coming of the confirmation clear. And that the proxy shall be demanded, to deliver it and/

[f. 17v] And he will do his best by treaty for the restitution of the Palatinate.

Buckingham says that hereon, our King referred this business to a committee of the Privy Council, and upon that wrote a letter to Bristol.

13 November 1623, the King's answer to Bristol's letter, wherein Bristol said he would stay 24 days, and 13 days were spent before the letters were received. That he understands that Bergstrasse which is the flower of the Palsgrave's revenue, is fresh delivered to the Bishop of Mainz, who is a man no ways interested, without any form of justice and upon an old pretence, which must needs embroil it the more. [Blank]

Requiring Bristol that he deliver not the proxy or power until all the temporal articles be concluded. [Blank]

[f. 18] That our King will continue the treaty of a match with the Emperor's son. That our King rejects the pension of £20,000 per annum and the jewels, and expects the portion promised in specie.

Another letter, from Secretary Conway, by the King's command, that if Bristol find delay, he, without demonstrations of offence, come away in a fair manner upon pretence of some occasions of his own. And if he find above 5 days' delay, come away. [Blank]

The Prince says that Olivares said to him, Spain had no power with the Emperor, but his Highness believes that Spain has power to command the Emperor, and/

6 December 1623, from the King of Spain, in answer to our King's 3 memorials.

[f. 18v] [Blank] Prince says that the King desires to know whether he shall accept of this answer from Spain or no, for if our King will accept of it, then Spain will subscribe it.

Dated 5 January 1623. 3 points:

• 1. To do all good offices of mediation to the Emperor for the clear restitution of the Palatinate.
• 2. For negotiating by a limited [time] by way of mediation for the restitution of the Palatinate.
• 3. To employ arms against the Emperor if he yield not to a restitution of the Palatinate. [Blank]
• [f. 19] [1.] That Spain is ready to do his best for the Palatinate, so as the Prince Palatinate will perform conditions offered. [Blank]
• 2. Content that here be a limited time appointed how long the mediation shall endure, but since the business cannot be accommodated without a formal treaty. [Blank]
• 3. Though he be confident the Emperor will yield to a restitution on the intercession of our King and the King of Spain and on the submission of the Palatinate, that if he should promise to take arms against the Emperor, it will disable him to be a mediator, but may be assured he will not withdraw his hand from it until that which our King desires be accomplished.

[f. 19v] [Blank] The Prince says that the ambassadors of Spain do interpret that point of the letter, which is that the King of Spain will not withdraw his arms until our King's desires be accomplished, and they interpret it to be the hand of mediation only. [Blank]

Buckingham says he has received letters from Sir Walter Aston that Spain has taken all our ships and put Spaniards into them, and the King of Spain is gone to the seacoast. And Padre, the priest who was here with Gondomar, is coming ambassador here and what propositions he will make is not yet known.

The Prince says that on his Highness's coming away, the King [of] Spain called the Infanta Princess of Wales and the ambassador/

[f. 20] Mr. [Edward] Clarke says, from Bristol coming lately, that the King of Spain will now go on with the treaty of the Palatinate before they deal any more with the treaty of the match.

XI. DIARY OF SIR WILLIAM SPRING, HOUGHTON LIBRARY, HARVARD UNIVERSITY, MS ENG. 980

[p. 13]

Tuesday, being 24th of February

Private bills were read for the naturalizing of Philip Burlamachi and Giles Vandeputt, etc.

SIR EDWARD COKE propounds to the consideration of the House the estate of the commonwealth, which grows feeble and faint, and the spirits and life of it are invaded by 3 especial wants. The first is the want of trade and traffic, which is the lifeblood of the state, without which it languishes; and from the decay of that arises the want of money, which is the sinews of the body of a commonwealth; and from this want proceeds the 3rd, which is want of labour and employment for the meaner people, which is attended with fearful consequences. It is true there is a traffic and trading, but of such toys as apes or peacocks, or at least of such toys as make apes and peacocks. He moved the House that they now (as the physician of the natural body which is in a consumption do apply medicina removens et promovens so that they) would take into consideration the cause and occasion of these obstructions which make so great a distemper in the body of the politic state, and finding them, to remove them; and having discharged it of those offensive humours, to apply some restorative and cordial medicines again. He assured them that the case was not desperate yet: non morbus interficit sed neglecta curatio. He told them he would instance in one main point, which he had observed a chief cause of these mischiefs, which was that the importation of foreign commodities (exotica) did so far exceed the exportation of our own. He alleged that Ed. 3 [p. 14] was a rich Prince and that the cause of his wealth was for, that in his days, the vent and exportation of our inbred commodities did so far exceed the importations, as might appear by the record of the 28th year of that King. Now the importation of those trifles and unnecessary commodities does far exceed the exportation of our own; and this was the decay of traffic, and consequently the impoverishment of the state, and the original of all our wants, which being remedied and the cause of the diseases removed (as it might yet well be), would prove medicina removens. And by this means, the commodities of the Kingdom, being vented and good course taken to encourage and set that on foot again, would be medicina promovens, and confirm and strengthen the languished estate of the commonwealth in her abilities and glory again.

SIR GEORGE MORE declared unto the House that the King had taken especial care to prevent and remedy all these wants.

MR. LEIGH [sic] remembers to the House that the last convention (he called it Parliament), that they were then informed that the main cause of the decay of trade was the private companies and patentees for trading to particular places, and that this want of traffic did beget the other wants last spoken of; urges, therefore, against the monopolizing of traffic into private companies. Instances the mischiefs of this state [p. 15] accruing thereby from the great and abundant wealth that the states and people of the Low Countries attain unto by the contrary course; that they having no home-bred commodities nor means to draw from other states by any proper merchandise of their own, yet by their free trading with all nations by all persons that will, they both furnish themselves and other places with abundance of all the commodities of the world, and yet do exceedingly increase their wealth and plenty at home. The worst of these patents (he then insisted on) were those of the [Merchant] Adventurers and East India Company, who, engrossing all the commodities of those parts where they trade into a few men's hands, do not afford such necessaries to some parts of the kingdom as are fit and requisite nor suffer the Low Countrymen to do it for us neither, whereby much shipping in the west parts are altogether unfurnished of masts and other useful things and so disabled from any employment for the benefit of the owners of the commonwealth, and for the service of the state. He therefore humbly desires the House that those patents may be called for and perused, and if they be found prejudicial, to proceed with them as the House thinks fit.

SIR JOHN SUCKLING promises that at the especial committee for this business, they shall be fully informed of the King's great care for remedy of these particulars.

[p. 16] SIR WILLIAM COPE moves a consideration of the want of the poor for work and, consequently, for food; how dangerous it may prove he desires it may be considered. He delivered that he knew how, in some places, some able bodies in a month could get no work, and that many had no other food, both about London and elsewhere, than parched peas and water; and desired some charitable care of it.

MR. [THOMAS] SHERWILL alleged one main cause of the decay of trade was the burden and pressure of the impositions, which would not suffer it to rise or grow again.

For this complaint, therefore, for decay of trade, a committee is appointed upon Thursday weekly during the session of the whole House.

MR. [JOHN] WYLDE moved the House for reformation of abuses in the Court of the Exchequer, and that the bills propounded the last meeting might be considered again, and committed.

But it was thought by the House that this motion fell under the order of the committee for view of the corruption in courts of justice.

A bill read against monopolies and dispensations with penal statutes, and that all commissions, charters, patents, etc., should be restrained, and that commissioners be appointed to examine them; and if any should decline that course, then to be punished by the law.

A bill for ease of the subject concerning informers on penal statutes, that the party accused may have his trial in the county before the judge of assize or quarter session, and that the informer be forced to prove the offence done in the county.

[p. 17] A bill that no process of the peace of good behaviour or supersedeas be granted above except the judges of the court be moved for it in open court, and upon known sureties of £5 land or £10 goods, at least, in the subsidy book.

This passed both Houses also last time.

A message came from the Lords that, they having received notice from the Prince that he would assist the Duke in the relation, they likewise held fit to advertise this House of it; and that they thought the Painted Chamber would be too little for both Houses and therefore desired it might be at the hall at Whitehall.

The House ordered that the Speaker should declare that they likewise held that place the fittest and would all be glad to hear the Prince speak; and that every man should carry a ticket of his name and the place he serves for and deliver it to the Serjeant.

A bill was read for repressing popish recusants and explanation of some former acts.

It passed both Houses last meeting.

The bill for reforming the profanation of the Sabbath day, called the Lord's Day, was now read again.

Against assemblies out of the parish and bull-baiting, bear-baiting, etc. The penalty, 3s. 4d. or, in default, 3 hours stocks by warrant (upon proof) from one justice. It passed both Houses last time.

A motion was made that it might be committed to the end that so good a bill might want no due examination. But the House was put in mind that it passed with some difficulty in the Upper House last time, and therefore it was not held fit to clog or alter it but to present it to the Lords as it came from them.

It was ordered to be engrossed.

[p. 18] A bill was read against swearing and cursing. The 2nd time.

MR. [JOHN] PROWSE moves an exception that it was not fit to leave the punishment of children to the constable, who, taking advantage of the parents' or master's absence, would, under pretence of this authority, execute his private spleen against the father or master or child. But he was satisfied that the constable had not authority but by limitation of warrant from the justice of peace.

DR. [ARTHUR] DUCK excepts against it, that it would be some prejudice to the privileges of the ecclesiastical court, before whom it was properly to be censured.

But the SPEAKER answered it, that the last meeting it past before the prelates, and a special care taken of that point, and that it was pity it should now receive any dash or delay by a new committee; and therefore put it to the questions whether it should be committed or engrossed.

And the last was ordered.

The bill of concealments was read again.

MR. [THOMAS] WENTWORTH excepts against it because, as it was penned, it did abridge the reasonable and due rights of the King beyond the meaning of the House; as, for example, in case of attainder and forfeit, the lands in many cases, by right of law, do fall unto the King, who happily was never himself, nor his predecessors, possessed of them before, and by this act the King cannot claim them against the heir at the common law; or in case of entail with remainder on the crown, the last tenant entail, after [p. 19] long possession, dies, the King cannot by this law enjoy his right against the challenge of any other later pretended title.

SIR EDWARD COKE answers, this bill, as it is, cannot prejudice the King in either of these respects, but is to the King's advantage, in as much as by this law, the King shall have the richer subjects, which is the King's greatest riches. And for these particulars, they were exactly discussed the last meeting, when the bill passed (as it is) both Houses; and it was then resolved that it could not prejudice the King's right, because it does not bar the King from any new title, as is the title of the King to lands forfeited by attainder, which entitles the King only after the attaint of the possessor; nor in case of the death of a tenant entail, because the King's right comes in but then after such decease, but is only in force against the King concerning old pretences and titles drawn from above 60 years.

Yet the bill was committed.

XII. ANONYMOUS DIARY, BODL., MS RAWL. D. 723

[f. 88]

Tuesday, 24⁰ Feburarii

At 2 o'clock in the afternoon of this day, both the Houses of Parliament met and, after the Prince and Lords were sat, the Duke of Buckingham began, as follows in these abstracts taken at the same time.

He said, first, that he craved pardon of that grave assembly if he did not so well express himself as might be expected, being to speak before so learned an auditory, the which he never did before. But he said [f. 88v] that since the King's Majesty had laid it upon [him] to make that narration under the protection of the Prince, yet it was a misfortune to speak of the subject in hand for, to the well-affected, it might seem to flatter and, with the evil-affected, it might seem to run the hazard of being accounted malicious. It was a business of the greatest weight that concerned Christendom. He said that he would speak the truth without reflecting either upon the King of England or the King of Spain or their public ministers.

He said he would begin from the negotiation at Brussels by the Chancellor of the Exchequer, which first ministered the occasion of jealousy to his Majesty that the match was not intended by the King of Spain, nor the restitution of the Palatinate. Whereupon the 3rd of October 1622, the King did write a letter from Hampton Court to the Earl of Bristol, wherein his Majesty did command him that as soon as he could get audience of the King of Spain, he should demand an entire restitution of the Palatinate; and if that could not be had, then that the King of Spain would declare himself for the King of England and would join with him in the recovery thereof or would suffer the King of England to have passage for his men through his country; and if he received not direct assurance within certain days, then to take his leave.

The Duke desired them to take for truth what he said. My Lord of Bristol was more particularly pressed by some directions from his Majesty; but my Lord of Bristol did not put his directions in execution. The time prefixed by the King's letters being past, then the King sent [Endymion] Porter to my Lord of Bristol to bring the King of Spain's answer within ten days. Those ten days passed and my Lord of Bristol procured no answer. Then Porter, being the creature bred under Conde Olivares, stepped unto him and did himself make the proposition concerning the Palatinate, to which Conde Olivares answered, that it was an unanswerable demand that the King of Spain should take up arms against the Emperor, his uncle, the head of the house of Austria, and against the Catholic League. Porter, in the second place, speaking of the consequence of the marriage, Conde Olivares answered he understood not the marriage nor a word of it. Porter discovers this to my Lord of Bristol, who seemed exceeding angry therewith, saying he would question the Conde for it and he should know that an earl of England was as good as a conde of Spain. But the next day, my Lord of Bristol told Porter he had discharged his mind and that the reason why the Conde Olivares seemed so then to him was for that he was not a public minister of state. Conde Olivares, offended with Porter for discovering what he said to him unto Bristol and the Duke, said he found him so offended when he came that he said to him he hated the ground whereon Porter did go.

Porter returning and bringing no certainty, the Prince his Highness took upon him a resolution to go into Spain himself. His reasons were:

• 1. He found the King, his father, delayed.
• 2. They gained their ends in some things concerning matters of religion.
• 3. His sister and her children put from the Palatinate.
• 4. The denial was not so dangerous as delay.

The Prince thought a desperate disease must have a desperate cure; commanded the Duke to move it to the King. His Majesty did at length condescend, and commanded the Duke to attend upon him.

When the Prince and Duke were come to Madrid in Spain, they first discovered themselves to my Lord of Bristol. It was thought fit that the Duke should the next day visit the Conde Olivares, the which he did. The Conde was so civil as not to entertain him in his house but in a garden. There, Conde did compliment with the Duke what great obligation the Prince had put upon Spain by his journey there, and that now it must be a match between the Prince and the Infanta, and that the King of Spain and the Prince must now divide the world between them; wherein was observed that they, having swallowed the whole world in their desires, would so liberally part with the half.

The next day, the King of Spain and the Prince met at the Prado, and the Infanta was showed openly. The Conde Olivares took the Duke up into his coach. As they came home, Porter was their interpreter. The Conde said it should be a match without the Pope; the Duke answered it was well, but he knew not the means. The Conde answered, by conversion of the Prince, the which he thought was intended by the journey he had made; to which the Duke answered, the Prince was settled in religion and had no scruple of conscience. Then the Conde said that [f. 89] there must be a dispensation from Rome. So he wrote a letter for the effecting of this dispensation to a cardinal. That letter the Conde did let the Duke see, but he said the language thereof was cold and slack. The Duke pressed a postscript that the Prince had taken a journey from England and therefore there might be no delay nor conditions in it. The Conde Olivares refused and grew angry. Sir Walter Aston made a doubtful interpretation of this but my Lord of Bristol as favourably. The Duke conceived they neither meant the match nor the restitution of the Palatinate. The messenger was sent to Rome with Conde Olivares's letter.

Now after the Prince and the Duke had spent four or five days, it was promised that the Prince should be admitted to visit the Infanta. After that, the Duke heard it was resolved by the council he should not see her until the dispensation came, which he imparted to Conde Olivares, who confessed it was true; such a resolution was because a scandal was taken at the public view which was had before. Yet after, a visit was promised and was performed, but such a one as [the] Prince never had, for he was not suffered to speak on[c]e but what was dictated; and the reason given: because it was not known whether it would be a match or not, therefore, he should speak as a prince but not as a suitor. After, Conde Olivares, being pressed for a visit, protested that if the dispensation came, he should yield her that night, and if not as a wife then as mistress.

After, the Prince was carried to a country house, where they endeavoured to convert him. But not prevailing, they desired him that he would not be an enemy to them of their religion, which he granted, protesting that he hated not their persons. Then they desired him that when the Infanta came, he would give leave that a lady might persuade him. To which the Prince answered, that he was well content, for he thought he should be as like to convert her as she should be to convert him. After this, they pressed that the divines of that kingdom might dispute with him touching his religion, which the Prince refused for these reasons:

• 1. It would dishearten the cause if they should not prevail.
• 2. They would be wounded in their reputations if they should convert him, being a young man.
• 3. The Infanta would be out of hope to prevail by her persuasion when she came over.

Conde Olivares made an overture of treaty for the Palatinate. Six weeks after the Prince's arrival, the dispensation came; it was concealed 4 or 5 days after it did come. Then committees were appointed to treat of articles. The dispensation came clogged with conditions. The King of Spain and the King of England were to take oaths. The Prince professed that if there were necessity to send to Rome, he would rather break them, and he professed that he would not add anything more than was agreed. A difference grew between the Duke and the Lord of Bristol touching one article, which he said was agreed by both the Kings. The Duke denied it, and the King has since declared that the Duke was in the right.

Conde Olivares procured a junta of divines to consider. The commissioners went on. All things were agreed, save the worse [sic], the church and education of the children. The Prince being in Conde Olivares's coach, the Marquess of Montesclaros being also there, he spoke of the marriage as of a new thing and said that except all things was yielded unto which was set down by the Pope in the dispensation, it should be no marriage. This was the first time, the Prince professed, he did see that they did juggle with him. Then 2 propositions were made by Conde Olivares: the first, to send to Rome about the dispensation, and [the second,] to send into England to the King. The Prince accepted of both these propositions, saying they should send to Rome and he would go into England himself to treat with his father. This they took for a breach. Then my Lord of Bristol persuaded the Prince to stay 20 days. The articles were drawn into heads, and Sir Francis Cottington sent over into England with them, who within 3 weeks returned. The Prince offered the same oath that was taken by King Philip and Queen Mary, but they thought to put some article to the Prince on a sudden. When the articles were sent away, the junta of divines delivered their opinions.

XIII. DIARY OF JOHN PYM, NORTHAMPTONSHIRE RECORD OFFICE, FH/N/C/0050

[f. 5]

Tuesday, February 24

Two private bills for the naturalization of Philip Burlamachi and Giles Vandeputt.

SIR EDWARD COKE.

• [1.] The distemper of trade by superfluity in foreign commodities, which made the importation swell above the exportation, whereas anciently, in 28 E. 3, the native commodities exported exceeded the other 5 times.
• 2. Impediment to the freedom of trade by patent.

Of both he desired consideration might be had and course for redress.

MR. [WILLIAM] NYELL. [Blank] tained [sic] in the patent of Merchant Adventurers and of the Eastland Company. The first impeachment the vent of cloth, the other the importation of cordage and masts with other necessaries for shipping, which caused such a scarcity in the west country that in Dartmouth, to which town 88 ships did belong, there were but six masts left.

By others, other particulars were remembered, whereupon the House did appoint the great committee to sit merely about that business upon Tuesday [sic].

MR. [JOHN] WYLDE for regulating the three great offices of the Exchequer, the 2 Remembrancers and the Clerk of the Pipe, and for the examination of fees in that court.

A committee was thereupon named for that service.

An act concerning monopolies and dispensations with penal statutes.

An act for ease of the subject against troublesome suits of informers.

An act to prevent the abuses in taking out process of certiorari and supersedeas.

A message from the Lords, that considering the straitness of the place in the Painted Chamber and importance of the business, they thought the hall at Whitehall to be a fitter room for the conference, if it might stand with the liking of this House. That the Prince intended to join with my Lord of Buckingham in the relation, as he should see cause; and for avoiding of intrusion of strangers, their Lordships desired every man might give his name.

The Lords' requests were all ordered, and the messengers returned with thanks.

An act for the explanation of a branch in the statute [f. 5v] of 3⁰ Jacobi, entitled, An act for the better discovery and repressing of popish recusants.

An act for the punishing of abuses on the Lord's Day, called Sunday.

The exceptions to this act were these:

• 1. That the same offence was made liable to double punishment, for it is already liable to ecclesiastical censure.
• 2. That it was too straight in respect of some parishes, as commonly in towns and cities, that men could not walk but they should be out of their parish.
• 3. That in the proviso for continuance, the word "session" was ambiguous.
• 4. That there was no saving of ecclesiastical jurisdiction.

It was answered, that the double punishment had a double end, the one for correction of the body, the other of the conscience.

By MR. RECORDER, that the 2nd exception did most concern London, and yet was satisfied without any alteration.

The third exception was not touched, and the 4th rejected because in 12⁰ Jacobi and the last Parliament it had passed without any such provision.

So the bill passed to engrossing.

An act to prevent profane swearing and cursing. Passed to engrossing.

An act against the abuses by pretence of concealments.

MR. [THOMAS] WENTWORTH took this exception: that whereas the intention was to confirm the title of the subject against old titles of the King if the possession had gone with them 60 years, as the bill was drawn, it would bar his Majesty for new and fresh right upon which he could have no possession, as in escheats upon attainders, dying seised, of bastards without heirs, forfeiture by mortmain, etc.

SIR EDWARD COKE endeavoured to answer this exception.

But the House was not satisfied and therefore the bill was committed.

Eodem die, at a conference with the Lords at Whitehall

In this conference, the Duke of Buckingham made a long narration, beginning at the motives of the Prince's journey into Spain, declaring all the particulars there in the treaties concerning the marriage and restitution of the Palatinate, the present state of those affairs since his Highness's return, with the question arising from the whole, whereupon the King desired the advice of the Parliament. In this discourse, divers interlocutory helps of the Prince and the reading of some letters and dispatches gave him times of breathing. The entire report hereof both appear in folio [blank], but the model and character of all was this.

[f. 6] Activity and soundness of the Prince's judgement in every occasion. In the Spaniards' subtlety, reservedness, ostentation of generals without particular certainty, variety of propositions, yet all fixed upon one end: their own advantage; easing themselves, by the Pope, of their unreasonable demands in the matter of religion, by the Emperor of their denials in the matter of the Palatinate, combining, dividing those treaties as would best serve their turn, making them sometimes to hinder, sometimes to quicken one another. As first, that of the marriage did facilitate the gaining of the Palatinate; at last, the difficulties in restoring the Palatinate did disturb the proceeding of the match. In the managing hereof, the Conde de Gondomar, late ambassador for Spain, and the Conde de Olivares, the present favourite, did appear very dexterous instruments. The whole relation was sprinkled with some glances of taxation upon the Earl of Bristol, and of insinuation of his own merit.

XIV. DIARY OF SIR WALTER EARLE, BL, ADD. MS 18,597

[f. 14v]

Tuesday, 24 February

SIR EDWARD COKE'S motion concerning want of trade, whence many other wants do proceed. For the remedy, there is medicina removens, medicina promovens. There are commodities exported and commodities imported. Edw. 3 in continual war, yet rich. Reason, question in the Exchequer, 28 E. 3, the exportation exceeded the importation. The custom of exportation, £212,338; the custom of importation, £38,000. But now it is on the contrary. Motion for a committee.

SIR GEORGE MORE. A great deal of care taken in this particular by the King.

MR. [WILLIAM] NYELL. This was long debated the last Parliament. A main thing was the patents procured for the bringing trade into few men's hands, monopolizing of trade. The Low Countries, that have few or no commodities by their free trade, are rich. Two principal patents: that of the Merchant Adventurers; that of the Eastland Company, by which means those in the west parts cannot [f. 15] have masts, pitch and tar, etc. Nay, the Hollanders may not furnish them. Of 80 sail of ships going out of the harbour where I lived, not 6 masts left behind. Motion to have those patents brought in.

SIR WILLIAM COPE. That point of employing the poor most considerable.

MR. [THOMAS] SHERWILL. The overburdening of trade as great a hindrance as any other.

A committee appointed, etc., to sit on Thursday.

Bill concerning monopolies and dispensation with penal laws. First read.

Bill to ease the subject in case of informations upon penal statutes. First read.

A private message appointed to be sent to the Lord High Chamberlain and the Lord Marshal to desire them to see that the Painted Chamber be cleared of all but those that are of the House.

Bill to prevent and punish abuses in procuring and granting writs of supersedeas. First read.

A message from the Lords. They signify, that whereas both Houses did yesterday agree to meet in the Painted Chamber, now the Lords, considering the inconvenience of that place, desire (if it may stand with the liking of this House) to alter the place, and to have the meeting at Whitehall in the hall which is already scaffolded. [f. 15v] Also, that the Prince his Highness has signified that he himself will be pleased to join with the Lord Admiral in the relation, etc.

Answer returned. The House thanks their Lordships for being so careful to provide for the ease and conveniency of this House; they accept the offer, and will be glad to hear the Prince his Highness speak.

Ordered, that every member of the House should, at the door, deliver in their names with addition of the place for which they serve.

Bill for explanation of a statute 7 Jac. made for discovery and repressing of popish recusants.

Bill for punishing abuses committed on the Lord's Day, called Sunday. Second read.

MR. [EDWARD] ALFORD'S exception against the double penalty.

MR. [JOHN] GUY. A difference between cities and country parishes.

Resolved, by the question, to be engrossed.

Bill to prevent and punish profane swearing and cursing.

DR. [ARTHUR] DUCK moved that there might be a reservation of ecclesiastical jurisdiction.

Resolved to be engrossed.

Bill for the quieting the subject against concealments.

[Afternoon]

[f. 16] Both Houses meeting at Whitehall to receive information touching the business of the match of the Prince and the Palatinate.

XV. JOURNAL OF SIR SIMONDS D'EWES, BL, HARL. MS 159

[f. 58v]

February 24th, Tuesday

An act for the examining of fees in the Exchequer.

And a motion that all that should come to that committee may have voices.

An act against monopolies and dispensation of penal laws.

An act for the ease of the subject concerning information upon penal laws and statutes.

[f. 59] An act for the preventing and punishing the under procuring of suits and process out of the King's court at Westminster, and particularly concerning the writs of certiorari.

A preparation for the meeting of the Lords in the afternoon. A motion to send and have the place altered because it is too strait; and the business to be imparted, being of such importance as caused the calling of this Parliament, it was thought fit that as many might hear it as was possible.

A message came from the Lords, by Mr. Attorney [General] and Serjeant [Sir Henry] Finch, upon the same grounds that had been newly spoken of before in the House, to have the place altered to the hall at Whitehall as being conveniently scaffolded and capable of the company; also to let the House know that the Prince intended to be there in person.

Thanks were returned unto the Lords, with acceptation of time and place, and signification of their desire to hear the Prince.

An explanation of a branch of a statute made anno 3⁰ Jacobi about the discovering and repressing of popish recusants.

The bill for redressing of abuses on the Sabbath. Read the 2nd time.

It had been offered to the Upper House the former Parliament under the title, An act made for the celebration of the Sabbath. That last word was questioned then, and altered, and called the Lord's Day (so called in scripture). The Lord's Day as the Lord's Supper. Seven apparitions made after his resurrection, five of them being on the Lord's Day, argued the care we ought to have of keeping that day. This bill passed with some difficulty the last time and [f. 59v] had been offered ever since the 27 of Elizabeth and could never pass, which caused (though divers would have had some explanation added to it) that the House thought it fit not to alter anything lest they should give it some rub or clog thereby.

So it was put to engrossing.

The bill against swearing was scanned after the same manner. And to facilitate the passing of it without further alteration, it was put to engrossing.

The bill against pretences and concealments was read the 2nd time.

And whereas it was objected that that cut off the King's plea for escheats and entails from such lands as he or his predecessors had not been seised of in 60 years, it was answered that the King's right was contained and reserved in the very body and substance of the bill, for escheats and entails are now in the King already.

The bill was thereupon committed.

[Afternoon]

In the afternoon at Whitehall, by the Prince and the Duke of Buckingham, were the Spanish businesses, as touching the match and treaty for the Palatinate, punctually and freely related unto both the Houses, and their advice craved thereupon.