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Resolutions upon the Answers given by the Pope unto the severall Articles agreed on betwixt the late King of Spain and Us,Found among the Lord Cottingtons papers. concerning the Marriage of Our deare Son the Prince, with the Infanta Donna Maria.
TO the second Article. We mervaile that there hath been so necessary a poynt omitted, when the Articles were sent to Rome by the King of Spaine, to procure the Dispensation, that the forme agreed upon for the celebration of the Marriage, and the Oath of fidelity for the Infanta's Servants were not also sent thither with the rest, being (as they were) agreed on, and so essentiall to the businesse. We have now delivered Copies of them both to Gage, to make such use thereof as shall be requisite for the furtherance of the businesse of himselfe, since he is a person trusted by the Court of Rome in this affaire, but not as from Us, who having nothing to doe with the Pope, treated not with him,NOTE. but with the King of Spaine onelyonly.
To the fifth Article concerning the publike Church, besides the Chappell▪ We are verily perswaded that this would not have been demanded if they had been well informed, it being more then either We Our Selfe have or the Prince Our Sonne. And if there be no other reason for the demand of such a Church, then that the World may take notice of the Religion shee professeth in a publike manner, that may be aswell in the Chappell assigned for her and her Family, to which shee and they may publiquely and openly resort in the sight of all whosoever shall desire to behold it, it being in effect a Church with a Church-yard belonging unto it, and not simply a private Oratory.
To the sixt Article, where it is said that her Servants, &c. ought in any case to be Catholiques; that concernes not us, but the King of Spaine, who is to appoint them.
To the twelfth Article, where it is required, that the superior Minister having ecclesiasticall authority over her Family, should be in ordine Episcopali. VVe are well contented to leave that to the King of Spaine, to allow of it if he think fit.
To the sixteenth Article,NOTE. where it is required by the Pope, quod Ecclesiastici nullis legibus subjaceant nisi suorum superiorum Ecclesiasticorum. Our answer is, that the exemption seems strange, and as we verely beleeve is not allowed them in all States and Countries that are Roman Catholiques; VVe hope that the Clergy-men, who shall come hither to attend the Infanta, will give no cause for the Civill Magistrate to proceed against them in that manner, except it be for great and heynous causes and that for faults meerly civill.
To the nineteenth concerning the Nurses, it belongs unto the Infanta, and shee may doe in it as shee pleaseth.
Resolutions upon the other five Articles brought out of Spaine by the Count of Gondomar, and answered by Us.
TO the first, concerning security against Divorce, the doubt which the Pope makes is very needlesse, and the answer which we gave unto the King of Spaine, is so full, as more cannot be offered nor said.
To the second, touching the education of the Children; we consider that these Articles now to be agreed on, will hereafter become publique, and that for Us to declare unto the VVorld,NOTE. that we have ingaged Our Self, to have our Grand-Children brought up usque ad annos Nubiles, in a Religion which we professe not, not is publiquely professed in Our Kingdome; VVe leave it unto the King of Spaine's wisdome to consider indifferently and u…partially, how unfit it is for us in many respects to yeeld unto it. And therefore further then you have already assented unto in that Article in the generall, which leaves the Children under the tuition and care of the Mother, longer or shorter, according to their constitutions and healths (which may possibly reach unto the time required by the Pope) we can by no meanes condescend, unlesse the King of Spaine think fit to limit the time to a certainty for the Mother to have the eare of the Children, so as it exceed not seven yeers old which We can be contented to yeeld unto.
Thus farre concerning the demands made by the Pope particularly unto severall Articles.
For the close of all, wherein it seems he expects some offer to be made by Us for the general good of the Roman Church; the same is explicated more plainly in a discourse held by the Cardinall Bandino with George Gage; whereof a Copy is sent with these Articles.King James his Agent at Rome. But for that matter, you are to put the King of Spaine in remembrance, that we treat with him, and not with the Pope: That the Articles concerning Religion agreed upon betwixt his Father and Us, were such and so full to the satisfaction of that Church, in the opinions of the learnedst and greatest Clergy of Spain, as we have bin often told, that they have been ever of opinion, the Pope could not upon those Articles, nor ought to refuse the Dispensation. The Cardinall acknowledgeth as it seems in that discourse, that the Pope is satisfied with the reasons given both by the Padre Maestro and Gage, that We of Our own authority cannot give a generall & free liberty of exercising the Roman Religion. What is it then they would have? Setting that aside, We have in a manner already done that which is desired,NOTE. as all the Roman Catholikes have found, out of Our gracious clemency towards them, especially of late, and will no doubt acknowledge. Which if the Pope had knowne when these answers were given by him to the Articles, it is to be presumed, he would not so much have insisted upon that poynt. But for whatsoever may concerne that businesse, We have so fully declared Our Selfe unto the late King of Spain by Our Letter of the 27. of Aprill 1620. under Our hand and Seale, as We hope the King of Spaine rests satisfied, both with the extent of Our promise in that behalfe, and with the assurance of performance; which is as much as in honour can be required at Our hands, or as We can grant, considering the …ate of Our affaires and government. And therefore since whatsoever is already agreed unto, either in the Articles or by that letter, We intend sincerely and religiously to performe, and can goe no further for no respects, without notable prejudice or inconvenience.
We desire to know whether the King of Spain wil resolve to conclude the Match upon those termes▪ or not, that there may be no time lost for us to provide some other Match for Our Son, if that shall not succeed; and so to presse a present resolution, without sending too and fro, betwixt Rome and Spain, which spends time, and may serve still for a colour, to draw the Treaty in infinitum. Neverthelesse, if you find that it is a thing impossible for them to resolve without a reply to Rome, and that they doe earnestly desire it, We are contented that you shall yeeld them two moneths time after your audience, and no longer, so as before Christmas at the furthest, We may be advertised finally, what we ar to trust unto; beyond which time, we can expect no longer.
Thus you may observe how farre We are pleased to expresse Our Selfe, aswell to manifest Our desire and intention to continue for ever on Our part, the strict amity betwixt Us and Spaine; as also to take away all just exception that may hinder the speedy conclusion of the Match, as We have been contented now to inlarge Our Selfe further in divers particulars, then was before agreed on or desired; as namely in condescending that the superior Minister may be in ordine Episcopali, that the limitation of the time for the education of the Children be for six or seven yeers, and in other poynts as you will find in this answer. Of all which we require you to give speciall notice to that King, that he may thereupon take into his Consideration the sincerity of of Our affection, who have so roundly and really proceeded in this businesse, so as in all reason We may and doe justly expect the like dealing from him, which cannot better appeare, then in the speedy dispatch thereof.
These resolutions he sent post into Spaine to the Lord Digby by Gresly, inclosing in this Letter, the Copy whereof (with other ensuing papers) were seized on by the sequestrators of the Lord Cottingtons goods and writings.