them a few Bishops in the Northern and Western Parts When afterwards the Patriarch of Constantinople was declared by the Emperor Mauritius The Vniversal Bishop Gregory the great did exclaim against the Ambition of that Title as being equal to the Pride of Lucifer and declared that he who assumed it was the Forerunner of Antichrist saying that none of his Predecessors had ever claimed such a Power And this was the more observable since the English were Converted by those whom he sent over so that this was the Doctrine of that See when this Church received the Faith from it But it did not continue long within those limits for Boniface the Third assumed that Title upon the Grant of Phâ—â—as And as that Boniface got the Spiritual Sword put in his hand so the Eighth of that name pretended also to the Temporal Sword but they owe these Powers to the Industry of those Popes and not to any Donation of Christs The Popes when they are Consecrated promise to obey the Canons of the Eight first General Councils which if they observe they will receive no Appeals nor pretend to any higher Jurisdiction than these give to them and the other Patriarchs equally As for the Decrees of Latter Councils they are of less Authority For those Councils consisted of Monks and Friers in great part whose exemptions obtained from Rome obliged them to support the Authority of that Court and those who sate in them knew little of the Scriptures Fathers or the Tradition of the Church being only conversant in the Disputes and Learning of the Schools And for the Florentine Council the Eastern Churches who sent the Greek Bishops that sate there never received their Determination neither then nor at any time since Many places were also brought out of the Fathers to show that they did not look on the Bishops of Rome as superior to other Bishops and that they understood not those places of Scripture which were afterwards brought for the Popes Supremacy in that sense so that if Tradition be the best Expounder of Scripture those latter glosses must give place to the more ancient But that passage of St. Ierome in which he equals the Bishops of Eugubium and Constantinople to the Bishop of Rome was much made use of since he was a Presbyter of Rome and so likely to understand the Dignity of his own Church best There were many things brought from the Contests that other Sees had with Rome to show that all the Priviledges of that and other Sees were only founded on the practice and Canons of the Church but not upon any Divine Warrant Constantinople pretended to equal priviledges Ravenna Milan and Aquileia pretended to a Patriarchal Dignity and Exemption Some Arch-Bishops of Canterbury contended that Popes could do nothing against the Laws of the Church so Laurence and Dunstan Robert Grostest Bishop of Lincoln asserted the same and many Popes confessed it And to this day no Constitution of the Popes is binding in any Church except it be received by it and in the daily practice of the Canon Law the customs of Churches are pleaded against Papal Constitutions which shows their Authority cannot be from God otherwise all must submit to their Laws And from the latter Contests up and down Europe about giving Investitures receiving Appeals admitting of Legates and Papal Constitutions it was apparent that the Papal Authority was a Tyranny which had been managed by cruel and fraudulent Arts but was never otherwise received in the Church than as a Conquest to which they were constrained to yield And this was more fully made out in England from what passed in William the Conqueror and Henry the 2d's time and by the Statutes of Provisors in many Kings Reigns which were still renewed till within an hundred years of the present time Upon these grounds they Concluded that the Popes Power in England had no Foundation neither in the Law of God nor in the Laws of the Church or of the Land As for the Kings Power over Spiritual persons and in Spiritual causes they proved it from the Scriptures In the old Testament they found the Kings of Israel intermedled in all matters Ecclesiastical Samuel though he had been Judge yet acknowledged Sauls Authority So also did Abimelech the High-Priest and appeared before him when cited to answer upon an Accusation And Samuel 1 Sam. 15.18 sayes he was made the head of all the Tribes Aaron in that was an Example to all the following High-Priests who submitted to Moses David made many Laws about sacred things such as the Order of the Courses of the Priests and their Worship and when he was dying he declared to Solomon how far his Authority extended He told him 1 Chron. 28.21 That the Courses of the Priests and all the people were to be wholly at his commandment pursuant to which Solomon 2 Chron. 8.14 15. did appoint them their charges in the service of God and both the Priests and Levites departed not from his commandment in any matter and though he had turned out Abiathar from the High-Priesthood yet they made no opposition Iehosophat Hezekiah and Iosias made likewise Laws about Eccledsiastical Matters In the New Testament Christ himself was obedient he payed Taxes he declared that he pretended to no earthly Kingdom he charged the people to render to Caesar the things that were Caesars and his Disciples not to affect temporal dominion as the Lords of the Nations did And though the Magistrates were then Heathens yet the Apostles wrote to the Churches to obey Magistrates to submit to them to pay Taxes they call the King Supream and say he is Gods Minister to encourage them that do well and to punish the evil doors which is said of all persons without exception and every Soul is charged to be subject to the Higher Power Many passages were cited out of the Writings of the Fathers to show that they thought Church-men were included in these places as well as other persons so that the Tradition of the Church was for the Kings Supremacy and by one place of Scripture the King is called Supream by another he is called Head and by a third every Soul must be subject to him which laid together make up this conclusion That the King is the Supream Head over all persons In the primitive Church the Bishops in their Councils made rules for ordering their Dioceses which they only called Canons or Rules nor had they any compulsive Authority but what was derived from the Civil Sanctions After the Emperors were Christians they made many Laws about sacred things as may be seen in the Codes and when Iustinian digested the Roman Law he added many Novel Constitutions about Ecclesiastical persons and causes The Emperors called general Councils presided in them and confirmed them And many Letters were cited of Popes to Emperors to call Councils and of the Councils to them to Confirm their Decrees The Election of the Popes themselves was
He declared that he died in the Catholick Faith not doubting of any Article of Faith or of any Sacrament of the Church and denied that he had been a Supporter of those who believed ill opinions He confessed he had been seduced but now died in the Catholick Faith and desired them to pray for the King and for the Prince and for himself and then prayed very fervently for the remission of his past sins and admittance into Eternal Glory and having given the Sign the Executioner cut off his Head very barbarously Thus fell that great Minister that was raised meerly upon the strength of his natural parts For as his Extraction was mean so his Education was low All the learning he had was that he had got the new-Testament in Latine by heart His great wisdom and dexterity in business raised him up through several steps till he was become as great as a Subject could be He carryed his greatness with wonderful temper and moderation and fell under the weight of popular Odium rather than Guilt The disorders in the Suppression of Abbeys were generally charged on him Yet when he fell no Bribery nor cheating of the King could be fastned on him though such things came out in swarms on a disgraced Favourite when there is any ground for them By what he spoke at his death he left it much doubted of what Religion he dyed But it is certain he was a Lutheran The term Catholick-Faith used by him in his last speech seemed to make it doubtful but that was then used in England in its true sense in Opposition to the Novelties of the See of Rome as will afterwards appear on another occasion So that his Profession of the Catholich-Faith was strangely perverted when some from thence Concluded that he dyed in the Communion of the Church of Rome But his praying in English and that only to God through Christ without any of these tricks that were used when those of that Church died shewed he was none of theirs With him the Office of the Kings Vice-gerent in Ecclesiastical affairs died as it rose first in his person and as all the Clergy opposed the seting up a new Officer whose Interest should oblige him to oppose a Reconciliation with Rome so it seems none were fond to succeed in an Office that proved so fatal to him that had first carryed it The King was said to have lamented his death after it was too late but the fall of the new Queen that followed not long after and the miseries which fell also on the Duke of Norfolk and his Family some years after were looked on as the Scourges of Heaven for their cruel prosecution of this unfortunate Minister With his fall the progress of the Reformation which had been by his endeavours so far advanced was quite stopt For all that Cranmer could do after this was to keep the ground they had gained But he could never advance much further And indeed every one expected to see him go next For as one Gostwick Knight for Bedfordshire had named him in the House of Commons as the Supporter and Promoter of all the Heresie that was in England so the Popish party reckoned they had but half done their work by destroying Cromwel and that it was not finished till Cranmer followed him Therefore all possible endeavors were used to make discoveries of the Encouragement which as was believed he gave to the Preachers of the condemned Doctrines And it is very probable that had not the Incontinence of Katherine Howard whom the King declared Queen on the 8th of August broken out not long after he had been Sacrificed the next Session of Parliament But now I return to my proper business to give an account of Church-matters for this year with which these great Changes in Court had so great a Relation that the Reader will excuse the digression about them Upon Cromwels fall Gardiner and those that followed him made no doubt but they should quickly recover what they had lost of late years So their greatest attempt was upon the Translation of the Scriptures The Convocation Books as I have been forced often to lament are lost so that here I cannot stir but as Fuller leads me who assures the World that he Copied out of the Records with his own Pen what he published And yet I doubt he has mistaken himself in the year and that which he calls the Convocation of this year was the Convocation of the year 1542. For he tells us that their 7th Session was the 10th of March. Now in this year the Convocation did not sit down till the 13th of April but that year it sate all March So likewise he tells us of the Bishops of Westminster Glocester and Peterborough bearing a share in this Convocation whereas these were not Consecrated before Winter and could not sit as Bishops in this Synod And besides Thirleby sate at this time in the lower House as was formerly shewn in the Process about Anne of Cleves Marriage So that their attempt against the new Testament belongs to the year 1542. But they were now much better employed though not in the way of Convocation For a select number of them sate by vertue of a Commission from the King confirmed in Parliament Their first work was to draw up a Declaration of the Christian Doctrine for the necessary erudition of a Christian man They thought that to speak of Faith in general ought naturally to go before an Exposition of the Christian Belief and therefore with that they began The Church of Rome that designed to keep her Children in ignorance had made no great account of Faith which they generally taught consisted chiefly in an Implicite Believing whatever the Church proposed without any explicite knowledg of particulars So that a Christian Faith as they had explained it was a Submission to the Church The Reformers finding that this was the Spring of all their other errors and that which gave them colour and Authority did on the other hand set up the strength of their whole Cause on an Explicite believing the truth of the Scriptures because of the Authority of God who had revealed them And said that as the great Subject of the Apostles Preaching was Faith so that which they every-where taught was to read and believe the Scriptures Upon which followed nice Disputing what was that saving Faith by which the Scriptures say we are Iustified They could not say it was barely crediting the Divine Revelation since in that sense the Devils believed Therefore they generally placed it at first in their being assured that they should be saved by Christs dying for them In which their design was to make Holiness and all other Graces necessary requisites in the Composition of Faith though they would not make them formally parts of it For since Christs death has its full vertue and effect upon none but those who are regenerate and live according to his Gospel none
Bullam fatis concessit re integra causa si quae fuit cessavit Sed producitur aliud Breve tenoris tam efficacis ut istas Objectiones non admittat Sed manet nihilominus eorum sententia qui Pontificem non posse dispensare affirmant secundum quos nec Breve nec Bulla consistit deinde Breve falsum esse pro falso judicari deberi multis rationibus convincitur denique falsum cum sit tamen prioris Bullae errores corrigat illam opinionem merito confirmet ne prior Dispensatio efficax videatur vel eorum judicio qui hoc Matrimonium defendere studuerunt viz. qui veris allegationibus diffisi ad falsas confictas Dispensationes vitia objecta removentes confugere coacti sunt Ista si singula minus sufficiant saltem collata obtineant persuadeant licere Illa vero opinio multis persuasa Pontificem viz. non potuisse dispensare ut sola infirmet Dispensationem non petitur sed habet nihilominus aliquid considerationis quanquam enim refellatur a quibusdam reprobetur manet tamen scripta atque adeo testimonio ipsius Pontificis comprobata Perpendatur deinde causa suggestionis veritas si mendacium intervenisse apparet quod est notorium illam Dispensationem adversariorum factis in novi Brevis fabricatione tacite reprobari quis non videt ex his causis licere ut sententia Divortii proferatur Postremo expedit ut id pronuntietur quod in omnium sententias consentiat Reprobatio autem Dispensationis cum omnibus convenit opinionibus sive quia Authoritas abfuit sive quia non recte interposita dicatur Approbatio vero cum istis dissentit omnibus Expedit ut firma sit inconcussa Regni Successio quae contra has opiniones confirmari non potest Expedit ut conscientia Serenissimi Regis his scrupulis impedita turbata expedita tranquilla reddatur Breviter expedit votis Serenissimi Regis satisfieri qui pro genuinis innatis suis virtutibus non nisi optima cupit modo etiam optimo votorum suorum compotem effici laborat si non virtutem spectaret caetera nihil haberent difficultatis sed omnium virtutum cogitationem quandam esse animadvertens suum justitiae decorum quod temperantia est quaerit ut justum justo modo obtineat assequatur Itaque expedit ne auxilium denegetur vel differatur ei qui id juste implorat To my loving Friends Master Stephen Gardiner Doctor of both Laws Sir Francis Brian and Sir Gregory Cassalis Knights and Mr. Peter Vannes Secretary to the King's Highness for the Latin Tongue His Graces Orators Residents in the Court of Rome XXII The second part of a long Dispatch of the Cardinals concerning the Divorce An Original AN other part of your Charge consisteth in expedition of the King 's great and weighty Cause of Matrimony whereupon depend so many high Consequences as for no earthly Cause to suffer or tolerate tract or delay in what case soever the Pope's Holiness be of amendment or danger of life nor as is aforesaid oweth to be by his Holiness preteromitted whether the same be in the state of Recovery or in any doubt or despair thereof for one assured and principal fundamental and ground is to be regarded whereupon the King's Highness doth plant and build his Acts and Cogitations in this behalf which is from the reasonable favour and justice being the things from the which the Pope's Holiness in prosperis nec adversis may lawfully and honestly digress and when the plainness of his Cause is well considered with the manifest Presumptions Arguments and Suspitions both of the insufficiency of the Bull and falsity of the Brief such as may lead any Man of reason or intendment well to perceive and know that no sufficiency or assured truth can be therein How may the Pope's Holiness ex aequo justo refuse or deny to any Christian Man much less to a Prince of so high merits and in a Cause whereupon depend so many consequences to his Holiness well known for a vain respect of any Person or by excuse of any Sickness justifie colour or defend any manner refusal tract or delay used in declaration of the truth in so great a Matter which neither for the infinite conveniences that thereby might ensue admitteth or suffereth to be delaied nor by other than himself his Act or Authority may lawfully be declared And well may his Holiness know That to none it appertaineth more to look unto the justness of the King's desire in this behalf than to his Highness his self whose Interest whose Cause with the same of his Realm and Succession resteth herein for if his Grace were minded or would intend to do a thing inique or injust there were no need to recurr unto the Pope's Holiness for doing thereof But because his Highness and his Council who best know the whole of this Matter and to whose part it belongeth most profoundly to weigh and ponder every thing concerning the same be well assured of the truth of the Matter needing none other thing but for observance of his Duty towards God and his Church to have the same Truth also approbate and declared by him to whom the doing thereof appertaineth his Grace therefore seeing an untruth alleadged and that so craftily as by undue and perverse ways the same without good reason adhibited may for a season bring things into confusion doth communicate unto the Pope's Holiness presumptions and evidences enough and sufficient to inform the Conscience of his Holiness of the very truth which then if his Holiness will not see but either for affection fear or other private cause will hearken to every dilatory and vain allegation of such as led upon undue grounds would colour the Truth What doth his Holiness less therein than under a right vain colour expresly deny and refuse the said Justice which to be done either in health or sickness in a matter of so great moment is in no wise tolerable But for the same reasons that be before mentioned is the thing whether the Pope's Holiness be in hope or despair of life without further tract to be absolved and determined for if Almighty God grant his Holiness life this Act is and always shall be able to bear it self and is meet to be an Example a President and a Law in all like Cases emerging the Circumstances and Specialities of the same in every part concurring as they do in this nor can the Emperor make exceptions at the same when he best knowing percase the untruth shall see the grounds and occasions that of necessity and meer Justice have enforced and constrained the Pope's Holiness thereunto which he could not refuse to do unless he would openly and manifestly commit express injury and notorious injustice For be it that the Pope's Holiness hearkning to the said frivolous and vain Allegations would refuse to declare the Law
And the corruptions of their Worship and Doctrine were such that a very small proportion of common sense with but an overly looking on the New Testament discovered them Nor had they any other varnish to colour them by but the Authority and Traditions of the Church But when some studious men began to read the Ancient Fathers and Councils though there was then a great mixture of Sophisticated stuff that went under the Ancient names and was joyned to their true works which Criticks have since discovered to be spurious they found a vast difference between the first Five Ages of the Christian Church in which Piety and Learning prevailed and the last Ten Ages in which Ignorance had buried all their former Learning only a little misguided Devotion was retained for Six of these Ages and in the last Four the restless Ambition and Usurpation of the Popes was supported by the seeming holiness of the begging Friers and the false Counterfeits of Learning which were among the Canonists School-men and Casuists So that it was incredible to see how men notwithstanding all the opposition the Princes every-where made to the progress of these reputed new Opinions and the great advantages by which the Church of Rome both held and drew many into their Interests were generally inclined to these Doctrines Those of the Clergy who at first Preached them were of the begging Orders of Friers who having fewer engagements on them from their Interests were freer to discover and follow the truth And the austere Discipline they had been trained under did prepare them to encounter those difficulties that lay in their way And the Laity that had long lookt on their Pastors with an evil eye did receive these Opinions very easily which did both discover the Impostures with which the world had been abused and shewed a plain and simple way to the Kingdom of Heaven by putting the Scriptures into their hands and such other Instructions about Religion as were sincere and genuine The Clergy who at first despised these new Preachers were at length much Allarmed when they saw all people running after them and râ—ceiving their Doctrines As these things did spread much in Germany Switzerland and the Netherlands so their Books came over into England where there was much matter already prepared to be wrought on not only by the prejudices they had conceived against the corrupt Clergy but by the Opinions of the Lollards which had been now in England since the days of Wickliff for about 150 years Between which Opinions and the Doctrines of the Reformers there was great Affinity and therefore to give the better vent to the Books that came out of Germany many of them were translated into the English-Tongue and were very much read and applauded This quickned the proceedings against the Lollards and the enquiry became so severe that great numbers were brought into the Toils of the Bishops and their Commissaries If a man had spoken but a light word against any of the Constitutions of the Church he was seized on by the Bishop's Officers and if any taught their Children the Lord's Prayer the Ten Commandments and the Apostle's Creed in the Vulgar Tongue that was crime enough to bring them to the Stake As it did Six men and a woman at Coventry in the Passion-week 1519. being the 4 th of April Longland Bishop of Lincoln was very cruel to all that were suspected of Heresie in his Diocess several of them abjured and some were Burnt But all that did not produce what they designed by it The Clergy did not correct their own faults and their cruelty was looked on as an evidence of Guilt and of a weak Cause so that the method they took wrought only on peoples fears and made them more cautious and reserved but did not at all remove the Cause nor work either on their reasons or affections Upon all this the King to get himself a name and to have a lasting Interest with the Clergy thought it not enough to assist them with his Authority but would needs turn their Champion and write against Luther in defence of the Seven Sacraments This Book was magnified by the Clergy as the most Learned Work that ever the Sun saw and he was compared to King Solomon and to all the Christian Emperours that had ever been And it was the chief subject of flattery for many years besides the glorious Title of Defender of the Faith which the Pope bestowed on him for it And it must be acknowledged that considering the Age and that it was the Work of a King it did deserve some Commendation But Luther was not at all daunted at it but rather valued himself upon it that so great a King had entred the lists with him and answered his Book And he replied not without a large mixture of Acrimony for which he was generally blamed as forgetting that great respect that is due to the Persons of Soveraign Princes But all would not do These Opinions still gained more footing and William Tindal made a Translation of the New Testament in English to which he added some short Glosses This was printed in Antwerp and sent over into England in the year 1526. Against which there was a Prohibition published by every Bishop in his Diocess Bearing that some of Luthers followers had erroneously Translated the New Testament and had corrupted the Word of God both by a false Translation and by Heretical Glosses Therefore they required all Incumbents to charge all within their Parishes that had any of these to bring them in to the Vicar-General within 30 days after that premonition under the pains of Excommunication and incurring the suspition of Heresie There were also many other Books Prohibited at that time most of them written by Tindal And Sir Thomas More who was a man celebrated for Vertue and Learning undertook the answering of some of those but before he went about it he would needs have the Bishops Licence for keeping and reading them He wrote according to the way of the Age with much bitterness and though he had been no Friend to the Monks and a great declaimer against the Ignorance of the Clergy and had been ill used by the Cardinal yet he was one of the bitterest Enemies of the new Preachers not without great cruelty when he came into Power though he was otherwise a very good-natured man So violently did the Roman Clergy hurry all their Friends into those excesses of Fire and Sword When the Party became so considerable that it was known there were Societies of them not only in London but in both the Universities then the Cardinal was constrained to act His contempt of the Clergy was looked on as that which gave encouragement to the Hereticks When reports were brought to Court of a company that were in Cambridge Bilney Latimer and others that read and propagated Luther's Book and Opinions some Bishops moved in the year 1523. that there might be a Visitation appointed
King intended to Marry her to France the more effectually to seclude her from the Succession considering the aversion his Subjects had to a French Government that so he might more easily settle his Bastard Son the Duke of Richmond in the Succession of the Crown While this Treaty went on the Kings scruples about his Marriage began to take vent It is said that the Cardinal did first infuse them into him and made Longland Bishop of Lincoln that was the Kings Confessor possess the Kings mind with them in Confession If it was so the King had according to the Religion of that time very just cause of Scruple when his Confessor judged his Marriage sinful and the Popes Legate was of the same mind It is also said that the Cardinal being alienated from the Emperor that he might irreparably embroil the King and him and unite the King to the French Interests designed this out of Spite and that he was also dissatisfied toward the Queen who hated him for his lewd and dissolute Life and had oft admonished and check't him for it And that he therefore designing to engage the King to Marry the French Kings Sister the Dutchess of Alenoon did to make way for that set this Matter on foot but as I see no good Authority for all this except the Queens suspitions who did afterwards charge the Cardinal as the cause of all her trouble so I am inclined to think the Kings Scruples were much ancienter for the King declared to Simon Grineus four years after this that for seven years he had abstained from the Queen upon these Scruples so that by that it seems they had been received into the Kings mind three years before this time What were the Kings secret motives and the true grounds of his Aversion to the Queen is only known to God and till the discovery of all Secrets at the day of Judgment must lye hid But the reasons which he always owned of which all Humane Judicatories must only take notice shall be now fully opened He found by the Law of Moses if a man took his Brothers Wife they should die childless This made him reflect on the death of his Children which he now looked on as a Curse from God for that unlawful Marriage Upon this he set himself to Study the case and called for the judgments of the best Divines and Canonists For his own Enquiry Thomas Aquinas being the Writer in whose works he took most pleasure and to whose judgment he submitted most did decide it clearly against him For he both Concluded that the Laws in Leviticus about the forbidden degrees of Marriage were Moral and Eternal such as obliged all Christians and that the Pope could only Dispense with the Laws of the Church but could not Dispense with the Laws of God Upon this reason that no Law can be Dispenced with by any Authority but that which is equal to the Authority that enacted it Therefore he infers that the Pope can indeed Dispence with all the Laws of the Church but not with the Laws of God to whose Authority he could not pretend to be equal But as the King found this from his own private Study so having commanded the Arch-Bishop of Canterbury to require the Opinions of the Bishops of England they all in a Writing under their hands and Seals declared they judged it an unlawful Marriage Only the Bishop of Rochester refused to set his hand to it and though the Arch-Bishop pressed him most earnestly to it yet he persisted in his refusal saying that it was against his Conscience Upon which the Arch-Bishop made another write down his Name and set his Seal to the Resolution of the rest of the Bishops But this being afterwards questioned the Bishop of Rochester denied it was his hand and the Arch-Bishop pretended that he had leave given him by the Bishop to put his hand to it which the other denied Nor was it likely that Fisher who scrupled in Conscience to Subscribe it himself would have consented to such a weak Artifice But all the other Bishops did declare against the Marriage and as the King himself said afterwards in the Legantine Court neither the Cardinal nor the Bishop of Lincoln did first suggest these scruples but the King being possessed with them did in Confession propose them to that Bishop and added that the Cardinal was so far from cherishing them that he did all he could to stiffle them The King was now convinced that his Marriage was unlawful both by his own study and the resolution of his Divines And as the point of Conscience wrought on him so the Interest of the Kingdom required that there should be no doubting about the Succession to the Crown left as the long Civil-War between the Houses of York and Lancaster had been buried with his Father so a new one should rise up at his death The King of Scotland was the next Heir to the Crown after his Daughter And if he Married his Daughter to any out of France then he had reason to judge that the French upon their Ancient Alliance with Scotland and that they might divide and distract England would be ready to assist the King of Scotland in his pretensions Or if he Married her in France then all those in England to whom the French Government was hateful and the Emperour and other Princes to whom the French Power grew formidable would have been as ready to support the pretensions of Scotland Or if he should either set up his Barstard Son or the Children which his Sister bore to Charles Brandon there was still cause to fear a Bloody decision of a Title that was so doubtful And though this may seem a consideration too Politick and Forreign to a matter of that nature yet the obligation that lies on a Prince to provide for the happiness and quiet of his Subjects was so weighty a thing that it might well come in among other Motives to incline the King much to have this matter determined At this time the Cardinal went over into France under colour to conclude a League between the Two Crowns and to Treat about the means of setting the Pope at liberty who was then the Emperours Prisoner at Rome and also for a project of Peace between Francis and the Emperour But his chief business was to require Francis to declare his Resolutions concerning that alternative about the Lady Mary To which it was answered That the Duke of Orleance as a fitter Match in years was the French King's Choice but this matter fell to the ground upon the Process that followed soon aâ—ter The King did much apprehend the opposition the Emperour was like to make to his designs either out of a principle of nature and honour to protect his Aunt or out of a Maxime of State to raise his Enemy all the trouble he could at home But on the other hand he had some cause to hope well even in that
a fuller Commission might be sent to himself with all possible haste since delays might produce great inconveniences If a Legate were named then care must be taken that he should be one who were Learned Indifferent and Tractable and if Campegius could be the man he was the fittest person And when one was named he should make him a decent present and assure him that the King would most liberally recompence all his labour and expence He also required him to press his speedy Dispatch and that the Commission should be full to try and determine wiâ—hout any reservation of the Sentence to be given by the Pope This Dispatch is interlined and amended with the Cardinals own hand But upon the Arrival of the Messenger whom the Secretary had sent with the Commission and Dispensation and the other Packets before mentioned It was debated in the Kings Council whether he should go on in his Process or continue to solicite new Bulls from Rome On the one hand they saw how tedious dangerous and expensive a Process at Rome was like to prove and therefore it seemed the easiest and most expedite way to proceed before the Cardinal in his Legantine Court who should ex officio and in the Summary way of their Court bring it to a speedy Conclusion But on the other hand if the Cardinal gave Sentence and the King should Marry then they were not sure but before that time the Pope might either change his mind or his Interest might turn him another way And the Popes Power was so absolute by the Canon Law that no general Clauses in Commissions to Legates could bind him to confirm their Sentences and if upon the Kings Marrying another Wife the Pope should refuse to confirm it then the King would be in a worse case than he was now in and his Marriage and Issue by it should be still disputable Therefore they thought this was by no means to be adventured on but they should make new Addresses to the Court of Rome In the debate some sharp words fell either from the King or some of his Secular Counsellors Intimating that if the Pope continued under such fears the King must find some other way to set him at ease So it was resolved that Stephen Gardiner commonly called Doctor Stevens the Cardinals chief Secretary and Edward Fox the Kings Almoner should be sent to Rome the one being esteemed the ablest Canonist in England the other one of the best Divines they were Dispatched the 10th of February By them the King wrote to the Pope thanking him that he had expressed such forward and earnest willingness to give him ease and had so kindly promised to gratifie his desires of which he expected now to see the effects He wrote also to the Cardinals his thanks for the chearfulness with which they had in Consistory promised to promote his Sute for which he assured them they should never have cause to Repent But the Cardinal wrote in a strain that shews he was in some fear that if he could not bring about the Kings desires he was like to lose his favour He besought the Pope as lying at his feet that if he thought him a Christian a good Cardinal and not unworthy of that Dignity an useful member of the Apostolick See a Promoter of Justice and Equity or thought him his faithful Creature or that he desired his own eternal Salvation that he would now so far consider his Intercession as to grant kindly and speedily that which the King earnestly desired which if he did not know to be Holy Right and Just he would undergo any hazard or punishment whatsoever rather than promote it but he did aprehend if the King found that the Pope was so overawed by the Emperor as not to grant that which all Christendom judged was grounded both on the Divine and Human Laws both he and other Christian Princes would from thence take occasion to provide themselves of other Remedies and lessen and despise the Authority of the Apostolick See In his Letters to Cassali he expressed a great sense of the Services which the Cardinal Sanctorum Quatuor had done the King and bid him enquire what were the things in which he delighted most whether Furniture Gold plate or Horses that they might make him acceptable presents and assure him that the King would contribute largely towards the carrying on the building of St. Peters in the Vatican The most Important thing about which they were employed was to procure the expediting of a Bull which was formed in England with all the strongest Clauses that could be imagined In the Preamble of which all the Reasons against the validity of the Bull of P. Iulius the 2d were recited and it was also hinted that it was against the Law of God but to lessen that it was added at least where there was not a sufficient Dispensation obtained therefore the Pope to reward the great Services by which the King had obliged the Apostolick See and having regard to the Distractions that might follow on a Disputable Title upon a full Consultation with the Cardinals having also heard the Opinions of Divines and Canonists Deputed for his Legate to concur with the Cardinal of York either together or the one being hindred or unwilling severally And if they found those things that were suggested against the Bull of P. Iulius or any of them well or sufficiently proved then to declare it void and null as surreptitiously procured upon false grounds and thereupon to Annul the Marriage that had followed upon it And to give both Parties full leave to Marry again notwithstanding any Appellation or Protestation the Pope making them his Vicars with full and absolute Power and Authority empowering them also to declare the Issue begotten in the former Marriage good and legitimate if they saw cause for it The Pope binding himself to confirm whatever they should do in that process and never to revoke or repeal what they should Pronounce Declaring also that this Bull should remain in force till the Process were ended and that by no Revocation or Inhibition it should be recalled and if any such were obtained these are all declared void and null and the Legats were to proceed notwithstanding and all ended with a full Non obstante This was judged the uttermost force that could be in a Bull Though the Civilians would scarce allow any validity at all in these extravagant Clauses but the most material thing in this Bull is that it seems the King was not fully resolved to declare his Daughter illegitimate Whether he pretended this to mitigate the Queens or the Emperors opposition or did really intend it is not clear But what he did afterwards in Parliament shews he had this deep in his thoughts though the Queens Carriage did soon after provoke him to pursue his resentments against her Daughter The French King did also joyn a most earnest Letter of his to the Pope
Bearer that you do The which I pray God long to continue as I am most bound to pray for I do know the great pains and troubles that you have taken for me both day and night is never like to be recompenced on my part but alonly in loving you next unto the Kings Grace above all creatures living And I do not doubt but the daily proofs of my deeds shall manifestly declare and affirm my writing to be true and I do trust you do think the same My Lord I do assure you I do long to hear from you news of the Legate for I do hope and they come from you they shall be very good and I am sure you desire it as much as I and more and it were possible as I know it is not and thus remaining in a stedfast hope I make an end of my Letter written with the hand of her that is most bound to be THe writer of this Letter would not cease till she had caused me likewise to set to my hand desiring you though it be short to take it in good part I ensure you there is neither of us but that greatly desireth to see you and much more joyous to hear that you have scaped this Plague so well trusting the fury thereof to be passed specially with them that keepeth good diet as I trust you do The not hearing of the Legates Arrival in France causeth us somewhat to muse notwithstanding we trust by your diligence and vigilancy with the assistance of Almighty God shortly to be eased out of that trouble No more to you at this time but that I pray God send you as good health and prosperity as the Writer would By Your Loving Soveraign and Friend Henry K. Your Humble Servant Anne Boleyn MY Lord In my most humblest wise that my poor heart can think I do thank your Grace for your kind Letter and for your rich and goodly Present the which I shall never be able to deserve without your help of the which I have hitherto had so great plenty that all the days of my life I am most bound of all Creatures next the King's Grace to love and serve your Grace of the which I beseech you never to doubt that ever I shall vary from this thought as long as any breath is in my body And as touching your Graces trouble with the sweat I thank our Lord that them that I desired and prayed for are scaped and that is the King and you not doubting but that God has preserved you both for great causes known alonly of his high wisdom And as for the coming of the Legate I desire that much and if it be God's pleasure I pray him to send this matter shortly to a good end and then I trust My Lord to recompence part of your great pains In the which I must require you in the mean time to accept my good-will in the stead of the power the which must proceed partly from you as our Lord knoweth to whom I beseech to send you long life with continuance in honour Written with the hand of her that is most bound to be Your Humble and Obedient Servant Anne Boleyn The Cardinal hearing that Campegius had the Decretal Bull committed to his Trust to be shewed only to the King and himself wrote to the Ambassador that it was necessary it should be also shewed to some of the Kings Council not to make any use of it but that thereby they might understand how to manage the Process better by it This he begged might be trusted to his care and fidelity and he undertook to manage it so that no kind of danger could arise out of it At this time the Cardinal having Finished his Foundations at Oxford and Ipswich and finding they were very acceptable both to the King and to the Clergy resolved to go on and suppress more Monasteries and erect new Bishopricks turning some Abbies to Cathedrals This was proposed in the Consistory and granted as appears by a dispatch of Cassali's He also spoke to the Pope about a general Visitation of all Monasteries And on the 4th of November the Bull for suppressing some was expected a Copy whereof is yet extant but written in such a hand that I could not read three words together in any place of it and though I tried others that were good at reading all hands yet they could not do it But I find by the dispatch that the Pope did it with some aversion and when Gardiner told him plainly it was necessary and it must be done he paused a little and seemed unwilling to give any further offence to Religious Orders But since he found it so uneasie to gratifie the King in so great a Point as the matter of his Divorce he judged it the more necessary to mollifie him by a compliance in all other things So there was a power given to the Two Legates to examine the state of the Monasteries and to suppress such as they thought fit and convert them into Bishopricks and Cathedrals While matters went thus between Rome and England the Queen was as active as she could be to engage her Two Nephews the Emperor and his Brother to appear for her She complained to them much of the King but more of the Cardinal She also gave them notice of all the Exceptions that were made to the Bull and desired both their advice and assistance They having a mind to perplex the Kings Affairs advised her by no means to yield nor to be induced to enter into a Religious life and gave her assurance that by their Interest at Rome they would support her and maintain her Daughters Title if it went to extremities And as they employed all their agents at Rome to serve her concerns so they consulted with the Canonists about the force of the Exceptions to the Bull. The issue of which was that a Breve was found out or forged that supplied some of the most material defects in the Bull. For whereas in the Bull the Preamble bore that the King and Queen had desired the Popes Dispensation to Marry that the Peace might continue between the Two Crowns without any other cause given In the preamble of this Breve mention is made of their desire to Marry because otherwise it was not likely that the Peace would be continued between the Two Crowns And for that and divers other reasons they asked the Dispensation Which in the body of the Breve is granted bearing date the 26th of December 1503. Upon this they pretended that the Dispensation was granted upon good Reasons since by this Petition it appeared that there were fears of a Breach between the Crowns And that there were also other reasons made use of though they were not named But there was one Fatal thing in it In the Bull it is only said That the Queens Petition bore That perhaps she had Consummated her Marriage with Prince Arthur by the
the more The matter was such that by the Canon-Law it could not be denied For to grant an Avocation of a Cause upon good reason from the Delegated to the Supreme Court was a thing which by the course of Law was very usual And it was no less apparent that the Reasons of the Queens appeal were just and good But the secret and most convincing Motives that wrought more on the Pope than all other things were that the Treaty between him and the Emperor was now concerted Therefore this being to be published very speedily the Pope thought it necessary to avocate the matter to Rome before the publication of the Peace lest if he did it after it should be thought that it had been one of the secret Articles of the Treaty which would have cast a foul blot upon him Yet on the other hand he was not a little perplexed with the fears he had of losing the King of England he knew he was a man of an high Spirit and would resent what he did severely And the Cardinal now again ordered Dr. Bennet in his name and as with tears in his eyes lying at the Popes feet to assure him that the King and Kingdom of England were certainly lost if the Cause were Avocated Therefore he besought him to leave it still in their hands and assured him that for himself he should rather be torn in pieces joynt by joynt than do any thing in that matter contrary to his Conscience or to Justice These things had been oft said and the Pope did apprehend that ill effects would follow for if the King fell from his Obedience to the Apostolick See no doubt all the Lutheran Princes who were already bandying against the Emperor would joyn themselves with him and the Interests of France would most certainly engage that King also into the Union which would distract the Church give encouragement to Heresie and end in the utter ruin of the Popedom But in all this the crafty Pope comforted himself that many times threatnings are not intended to be made good but are used to terrifie and that the King who had written for the Faith against Luther and had been so ill used by him would never do a thing that would sound so ill as because he could not obtain what he had a mind to therefore to turn Heretick he also resolved to caress the French King much and was in hopes of making Peace between the Emperor and him But that which went nearest the Popes heart of all other things was the setting up of his Family at Florence and the Emperor having given him assurance of that it weighed down all other considerations Therefore he resolved he would please the Emperor but do all he could not to lose the King So on the 9th of Iuly he sent for the Kings Ambassadors and told them the Process was now so far set on in England and the Avocation so earnestly pressed that he could deny it no longer for all the Lawyers in Rome had told him the thing could not be denied in the common course of Justice Upon this the Ambassadors told him what they had in Commission to say against it both from the King and the Cardinal and pressed it with great vehemence So that the Pope by many sighs and tears showed how deep an impression that which they said made upon him he wished himself dead that he might be delivered out of that Martyrdom and added these words which because of their savouring so much of an Apostolical Spirit I set down Wo is me no body apprehends all those evils better than I do But I am so between the Hammer and the Forge that when I would comply with the Kings desires the whole storm then must fall on my head and which is worse on the Church of Christ. They did object the many promises he had made them both by word of mouth and under his hand He answered He desired to do more for the King than he had promised but it was impossible to refuse what the Emperor now demanded whose Forces did so surround him that he could not only force him to grant him Iustice but could dispose of him and all his Concerns at his pleasure The Ambassadors seeing the Pope was resolved to grant the Avocation pressed against it no further but studied to put it off for some time And therefore proposed that the Pope would himself write about it to the King and not grant it till he received his answer Of all this they gave Advertisement to the King and wrote to him that he must either drive the matter to a Sentence in great haste or to prevent the affront of an Advocation suspend the Process for some time They also advised the searching all the Packets that went or came by the way of Flanders and to keep up all Campegio's Letters and to take care that no Bull might come to England for they did much apprehend that the Avocation would be granted within very few days Their next Dispatch bore that the Pope had sent for them to let them know that he had Signed the Avocation the day before But they understood another way that the Treaty between the Emperor and him was finished and the Peace was to be proclaimed on the 18th of Iuly and that the Pope did not only fear the Emperor more than all other Princes but that he also trusted him more now On the 19th of Iuly the Pope sent a Messenger with the Avocation to England with a Letter to the Cardinal To the King he wrote afterwards All this while Campegio as he had Orders from the Pope to draw out the matter by delays so did it very dextrously And in this he pretended a fair excuse that it would not be for the Kings honour to precipitate the matter too much lest great advantages might be taken from that by the Queens Party That therefore it was fit to proceed slowly that the world might see with what Moderation as well as Justice the matter was handled From the 25th of Iune the Court Adjourned to the 28th ordering a second Citation for the Queen under the pains of Contumacy and of their proceeding to examine Witnesses And on the 28th they declared the Queen Contumacious the second time and examined several Witnesses upon the Articles and Adjourned to the 5th of Iuly on that day the Bull and Breve were read in Court and the Kings Council argued long against the validity of the one and the truth of the other Upon the grounds that have been already mentioned in which Campegio was much disgusted to hear them argue against the Popes Power of granting such a Dispensation in a matter that was against a Divine Precept alledging that his Power did not exend so far This the Legates over-ruled and said that that was too high a point for them to judg in or so much as to hear argued and that the Pope himself was the only
some days publick Dispute on the 1st of Iuly determined to the same purpose about which Crooks Letter will be found among the Instruments at the end of this Book At Ferrara the Divines did also confirm the same conclusion and sâ—t their Seal to it but it was taken away violently by some of the other Faction yet the Duke made it be restored The profession of the Canon-Law was then in great credit there and in a Congregation of 72 of that proâ—ession it was determined for the King but they asked 150 Crowns foâ— setting the Seal to it and Crook would not give more than an hundred the next day he came and offered the Money but then it was told him they would not meddle in it and he could not afterwards obtain it In all Crook sent over by Stokesley an hundred several Books Papers and Subscriptions and there were many hands subscribed to many of those Papers But it seems Crook died before he could receive a reward of this great Service he did the King for I do not find him mentioned after this I hope the Reader will forgive my insisting so much on this Negotiation for it seemed necessary to give full and convincing Evidences of the sincerity of the Kings proceedings in it since it is so confidently given out that these were but mercenary Subscriptions What difficulties or opposition those who were employed in France found does not yet appear to me but the Seals of the chief Universities there were procured The University of Orleance determined it on the 7th of April The faculty of the Canon-Law at Paris did also conclude that the Pope had no Power to dispence in that Case on the 25th of May. But the great and celebrated faculty of the Sorbon whose Conclusions had been lookt on for some Ages as little inferiour to the Decrees of Councils made their Decision with all possible Solemnity and Decency They first met at the Church of St. Mathurin where there was a Mass of the H. Ghost and every one took an Oath to study the Question and resolve it according to his Conscience and from the 8th of Iune to the 2d of Iuly they continued searching the matter with all possible diligence both out of the Scriptures the Fathers and the Councils and had many Disputes about it After which the greater part of the Faculty did Determine That the King of Englands Marriage was unlawful and that the Pope had no Power to dispence in it and they set their common Seal to it at St. Mathurin's the 2d of Iuly 1530. To the same purpose did both the Faculties of Law Civil and Canon at Angiers Determine the 7th of May. On the 10th of Iune the Faculty of Divinity at Bourges made the same Determination And on the 1st of October the whole University of Tholose did all with one consent give their judgment agreeing with the former Conclusions More of the Decisions of Universities were not Printed though many more were obtained to the same effect In Germany Spain and Flanders the Emperors Authority was so great that much could not be expected except from the Lutherans with whom Cranmer conversed and chiefly with Osiander whose Neece he then Married Osiander upon that wrote a Book about Incestuous Marriages which was published but was called in by a Prohibition Printed at Ausburg because it Determined in the Kings cause and on his side But now I find the King did likewise deal among those in Switzerland that had set up the Reformation The Duke of Suffolk did most set him on to this so one who was imployed in that time writes for he often asked him how he could so humble himself as to submit his Cause to such a vile vitious stranger Priest as Campegio was To which the King answered He could give no other reason but that it seemed to him Spiritual men should judge Spiritual things yet he said he would search the matter further but he had no great mind to seem more curious than other Princes But the Duke desired him to discuss the matter secretly amongst Learned men to which he consented and wrote to some Forreign Writers that were then in great estimation Erasmus was much in his favour but he would not appear in it He had no mind to provoke the Emperor and live uneasily in his own Country But Simon Grineus was sent for whom the King esteemed much for his Learning The King informed him about his Process and sent him back to Basil to try what his Friends in Germany and Switzerland thought of it He wrote about it to Bucer Oecolampadius Zuinglius and Paulus Phrygion Oecolampadius as it appears by three Letters one dated the 10th of August 1531. another the last of the same Month another to Bucer the 10th of September was positively of Opinion That the Law in Leviticus did bind all mankind and says That Law of a Brothers Marrying his Sister-in-Law was a Dispensation given by God to his own Law which belonged only to the Jews and therefore he thought that the King might without any scruple put away the Queen But Bucer was of another mind and thought the Law in Leviticus did not bind and could not be Moral because God had dispensed with it in one Case of raising up seed to his Brother Therefore he thought these Laws belonged only to that Dispensation and did no more bind Christians than the other Ceremonial or Judiciary Precepts and that to Marry in some of these Degrees was no more a sin than it was a sin in the Disciples to pluck Ears of Corn on the Sabbath-day There are none of Bucers Letters remaining on this Head but by the answers that Grineus wrote to him one on the 29th of August another of the 10th of September I gather his Opinion and the reasons for it But they all agreed That the Popes Dispensation was of no force to alter the nature of the thing Paulus Phrygion was of Opinion That the Laws in Leviticus did bind all Nations because it is said in the Text That the Canaanites were punished for doing contrary to them which did not consist with the Iustice of God if those Prohibitions had not been parts of the Law of Nature Dated Basil the 10th of September In Grineus's Letter to Bucer he tells him that the King had said to him That now for seven years he had perpetual trouble upon him about this Marriage Zuinglius Letter is very full First he largely proves that neither the Pope nor any other Power could dispence with the Law of God Then that the Apostles had made no new Laws about Marriage but had left it as they found it That the Marrying within near degrees was hated by the Greeks and other Heathen Nations But whereas Grineus seemed to be of opinion that though the Marriage was ill made yet it ought not to be dissolved and inclined rather to advise that the King should take
went into Germany where he became acquainted with Cornelius Agrippa a man very famous for great and curious Learning and so satisfied him in the Kings cause that he gave it out that the thing was clear and indisputable for which he was afterwards hardly used by the Emperor and dyed in Prison But when the King received the Determinations and Conclusions of the Universities and other Learned men beyond Sea he resolved to do two things First to make a new attempt upon the Pope and then to publish those Conclusions to the World with the arguments upon which they were grounded But to make his address to the Pope carry more terror with it he got a Letter to be signed by a great many Members of Parliament to the Pope The â—ord Herbertâ—aith â—aith it was done by his Parliament but in that he had not applyed his ordinary diligence the Letter bears date the 13 of Iuly Now by the Records of Parliament it appears there could be no Session at that time for there was a Prorogation from the 21 of Iune till the â—st of October that year But the Letter was sent about to the chief Members for their hands and Cavendish tells how it was brought to the Cardinal and with what chearfulness he set his hand to it It was subscribed by the Cardinal and the Arch-Bishop of Canterbury 4 Bishops 2 Dukes 2 Marquesses 13 Earls 2 Viscounâ—s 23 Barons 22 Abbots and 11 Commoners most of these being the Kings Servants The Contents of the Letters were that their near Relation to the King made them address thus to the Pope The Kings cause was now in the opinion of the Learned men and Universities both in England France and Italy found just which ought to prevail so far with the Pope that though none moved in it and notwithstanding any Contradiction he ought to confirm their judgment especially it touching a King and Kingdom to whom he was so much obliged But since neither the justice of the cause nor the Kings most earnest desires had prevailed with him they were all forced to complain of that strange usage of their King who both by his Authority and with his Pen had supported the Apostolick See and the Catholick Faith and yet was now denyed justice From which they apprehended great mischief and Civil Wars which could only be prevented by the Kings Marrying another wife of whom he might have issue This could not be done till his present Marriage were annulled nulled And if the Pope would still refuse to do this they must conclude that they were abandoned by him and so seek for other Remedies This they most earnestly prayed him to prevent since they did not desire to go to extremities till there was no more to be hoped for at his hands To this the Pope made answer the 27 of September He took notice of the vehemency of their Letter which he forgave them imputing it to their great affection to their King they had charged him with ingratitude and injustice two grievous Imputations He acknowledged all they wrote of the obligations he owed to their King which were far greater than they called them both on the Apostolick See and himself in particular But in the Kings cause he had been so far from denying justice that he was oft charged as having been too partial to him He had granted a Commission to two Legates to hear it rather out of favour than in Rigor of Law upon which the Queen had appealed he had delayed the admitting of it as long as was possible but when he saw it could not be any longer denyed to be heard it was brought before the Consistory where all the Cardinals with one consent found that the Appeal and an Avocation of the cause must be granted That since that time the King had never desired to put it to a Tryal but on the contrary by his Ambassadors at Bononia moved for a delay and in that posture it was still nor could he give sentence in a thing of such Consequence when it was not so much as sought for For the conclusions of Universities and Learned men he had seen none of them from any of the Kings Ambassadors It was true some of them had been brought to him another way but in them there were no reasons given but only bare Conclusions and he had also seen very important things for the other side and therefore he must not precipitate a Sentence in a cause of such high Importance till all things were fully heard and considered He wished their King might have Male Issue but he was not in Gods stead to give it And for their Threatnings of seeking other Remedies they were neither agreeable to their wisdom nor to their Religion Therefore he admonished them to abstain from such Counsels but minded them that it is not the Physicians fault if the Patient will do himself hurt He knew the King would never like such courses and though he had a just value for their Intercession yet he considered the King much more to whom as he had never denyed any thing that he could grant with his honor so he was very desirous to examine this matter and to put it to a speedy issue and would do every thing that he could without offending God But the King either seeing the Pope resolved to grant nothing or apprehending that some Bull might be brought into England in behalf of the Queen or the disgraced Cardinal did on the Nineteenth of September put forth a Proclamation against any who purchased any thing from Rome or elsewhere contrary to his Royal Prerogative and Authority or should publish or divulge any such thing requiring them not to do it under the pains of incurring his indignation Imprisonment and other punishments on their persons This was founded on the Statutes of Provisors and Premunires But that being done he resolved next to publish to the world and to his Subjects the justice of his cause Therefore some Learned men were appâ—inted to compare all that had been written on it and out of all the Transcripâ—s of the Manuscripts of Fathers and Councils to gather together whatsoever did strengthen it Several of these Manuscripts I have seen one is in Mr. Smiths Library where are the Quotations of the Fathers Councils Schoolmen and Canonists written out at length There are Three other such MSS. in the Cotton Library of which one contains a large vindication of these Authorities from some Exceptions made to them another is an answer to the Bishop of Rochesters Book for the Queens cause A Third digests the Matter into Twelve Articles which the Reader will find in my Appendix and these are there enlarged on and proved But all these and many more were sum'd up in a short Book and Printed first in Latine then in English with the Determinations of the Universities before it These are of such weight and Importance and give so great a light to
read with many other Instruments and the whole Merits of the Cause were opened Upon which after many Sessions on the 23th of May Sentence was given with the Advice of all that were there present declaring it onely to have been a Marriage de facto but not de jure pronouncing it Null from the beginning One thing is to be observed That the Archbishop in the Sentence is called The Legate of the Apostolick See Whether this went of course as one of his Titles or was put in to make the Sentence firmer the Reader may judge Sentence being given the Archbishop with all the rest returned to London and five days after on the 28th of May at Lambeth by another Judgment he in general words no Reasons being given in the Sentence confirmed the Kings Marriage with the new Queen Anne and the first of Iune she was crowned Queen When this great Business which had been so long in agitation was thus concluded it was variously censured as men stood affected Some approved the Kings Proceedings as Canonical and Just since so many Authorities which in the intervall of a General Council were all that could be had except the Pope be believed Infallible had concurred to strengthen the Cause and his own Clergy had upon a full and long examination judged it on his side Others who in the main agreed to the Divorce did very much dislike the Kings second Marriage before the first was dissolved for they thought it against the common course of Law to break a Marriage without any publick Sentence and since one of the chief politick Reasons that was made use of in this Suit was to settle the Succession of the Crown this did embroil it more since there was a fair colour given to except to the Validity of the second Marriage because it was contracted before the first was annulled But to this others answered That the first Marriage being judged by the Interpreters of the Doctrine of the Church to have been Null from the beginning there was no need of any Sentence but onely for Form And all concluded it had been better there had been no Sentence at all than one so late Some excepted to the Archbishop of Canterbury's being Judge who by his former Writings and Disputes had declared himself partial But to this it was answered That when a man changes his Character all that he did in another Figure is no just Exception so Judges decide Causes in which they formerly gave Counsel and Popes are not bound to the Opinions they held when they were Divines or Canonists It was also said That the Archbishop did onely declare in Legal Form that which was already judged by the whole Convocation of both Provinces Some wondered at the Popes stifness that would put so much to hazard when there wanted not as good Colours to justifie a Bull as they had made use of to excuse many other things But the Emperors Greatness and the fear of giving the Lutherans advantages in disputing the Popes Authority were on the other hand so prevalent Considerations that no wonder they wrought much on a Pope who pretended to no other knowledge but that of Policy for he had often said He understood not the matter and therefore left it in other mens hands All persons excused Queen Katharine for standing so stifly to her ground onely her denying so confidently that Prince Arthur consummated the Marriage seems not capable of an Excuse Every body admired Queen Annes Conduct who had managed such a Kings Spirit so long and had neither surfeited him with great freedom nor provoked him by the other Extreme for the King who was extremely nice in these matters conceived still an higher Opinion of her and her being so soon with child after the Marriage as it made people conclude she had been chaste till then so they hoped for a Blessing upon it since there were such early appearances of Issue Those that favoured the Reformation expected better days under her Protection for they know she favoured them But those who were in their hearts for the Established Religion did much dislike it and many of the Clergy especially the Orders of Monks and Friars condemned it both in their Sermons and Discourses But the King little regarding the Censures of the Vulgar sent Embassadors to all the Courts of Europe to give notice of his new Marriage and to justifie it by some of those Reasons which have been opened in the former parts of this History He also sent the Lord Mountjoy to the Divorced Queen to let her know what was done and that she was no more to be treated as Queen but as Princess Dowager He was to mix Promises with Threatnings particularly concerning her Daughters being put next the Queens Issue in the Succession But the afflicted Queen would not yield and said she would not damn her Soul nor submit to such an Infamy That she was his Wife and would never call her self by any other Name whatever might follow on it since the Process still depended at Rome That Lord having written a Relation of what had passed between him and her shewed it to her but she dashed with a Pen all those places in which she was called Princess Dowager and would receive no Service at any ones hands but of those who called her Queen and she continued to be still served as Queen by all about her Against which though the King used all the Endeavours he could not without both threatning and violence to some of the Servants yet he could never drive her from it and what he did in that was thought far below that Height of Mind which appeared in his other Actings for since he had stript her of the real Greatness of a Queen it seemed too much to vex her for keeping up the Pageantry of it But the news of this made great impressions elsewhere The Emperor received the Kings justification very coldly and said â—e would consider what he was to do upon it which was looked on as a Dâ—câ—aration of War The French King though he expressed still gâ—eat Friendship to the King yet was now resolved to link himself to the Pope for the crafty Pope apprehending that nothing made the King of England so confident as that he knew his Friendship was necessary to the French King and fearing they had resolved to proceed at once to the puâ—ting down the Papal Authority in their Kingdoms which it appears they had once agreed to do resolved by all means to make sure of the French King which as it would preserve that Kingdom in his obedience so would perhaps frighten the King of England from proceeding to such extremities since that Prince in whose conjunction he trusted so much had forsaken him Therefore the Pope did so vigorously pursue the Treaty with Francis that it was as good as ended at this time and an Interview was projected between them at Marseilles The Pope did also grant him so great Power
the Original that is yet extant which might have been written any time between the year 1534. in which Thomas Goodrick was made Bishop of Ely and the year 1540. in which Iohn Clark Bishop of Bath and Wells died but I incline to think from other circumstances that it was written about the end of the year 1534. For the General Council Though that in the Old time when the Empire of Rome had his ample dominion over the most part of the World the First Four General Councils the which at all times have been of most estimation in the Church of Christ were called and gathered by the Emperors Commandment and for a Godly intent That Heresies might be extinct Schisms put away good Order and Manners in the Ministers of the Church and the people of the same established Like as many Councils more were called till now of late by the negligence as well of the Emperor as other Princes the Bishop of Rome hath been suffered to usurp this Power yet now for so much that the Empire of Rome and the Monarchie of the same hath no such general Dominion but many Princes have absolute Power in their own Realms and a whole and entire Monarchie no one Prince may by his Authority call any General Council but if that any one or moe of these Princes for the establishing of the Faith for the extirpation of Schisms c. Lovingly Charitably with a good sincere Intent to a sure place require any other Prince or the rest of the great Princes to be content to agree that for the Wealth Quietness and Tranquillity of all Christen people by his or their free consent a General Council might be assembled that Prince or those Princes so required are bound by the Order of Charity for the good Fruit that may come of it to condescend and agree thereunto having no lawful Impediment nor just Cause moving to the contrary The chief Causes of the General Councils are before expressed In all the Ancient Councils of the Church in matters of the Faith and interpretation of the Scripture no man made definitive Subscription but Bishops and Priests forsomuch as the Declaration of the Word of God pertaineth unto them T. Cantuarien Cuthbertus Dunelmen Io. Bath wellen Tho. Elien But besides this Resolution I have seen a long speech of Cranmers written by one of his Secretaries It was spoken soon after the Parliament had passed the Acts formerly mentioned for it relates to them as lately done it was delivered either in the House of Lords the upper House of Convocation or at the Council Board but I rather think it was in the House of Lords for it begins My Lords The matter of it does so much concern the business of Reformation that I know the Reader will expect I should set down the heads of it It appears he had been Ordered to Inform the House about these things The Preamble of his Speech runs upon this conceit That as Rich men flying from their Enemies carry away all they can with them and what they cannot take away they either hide or destroy it so the Court of Rome had destroyed so many Ancient writings and hid the rest having carefully preserved every thing that was of advantage to them that it was not easie to discover what they had so artificially concealed Therefore in the Canon-Law some honest truths were yet to be found but so mislay'd that they are not placed where one might expect them but are to be met with in some other Chapters where one would least look for them And many more things said by the Ancients of the See of Rome and against their Authority were lost as appears by the Fragments yet remaining He show'd that many of the Ancients called every thing which they thought well done of Divine Institution by a large extent of the Phrase in which sense the passages of many Fathers that magnified the See of Rome were to be understood Then he show'd for what end General Councils were called to declare the Faith and reform Errors not that ever any Council was truly General for even at Nice there were no Bishops almost but out of Egypt Asia and Greece but they were called General because the Emperor Summon'd them and all Christendome did agree to their Definitions which he prov'd by several Authorities therefore though there were many more Bishops in the Council of Arimini than at Nice or Constantinople yet the one was not received as a General Council and the others were so that it was not the number nor Authority of the Bishops but the matter of their Decisions which made them be received with so general a Submission As for the Head of the Council St. Peter and St. Iames had the chief direction of the Council of the Apostles but there were no Contests then about Head-ship Christ named no Head which could be no more called a defect in him than it was one in God that had named no Head to Govern the World Yet the Church found it convenient to have one over them so Arch-Bishops were set over Provinces And though St. Peter had been Head of the Apostles yet as it is not certain that he was ever in Rome so it does not appear that he had his Headship for Romes sake or that he left it there but he was made Head for his Faith and not for the Dignity of any See Therefore the Bishops of Rome could pretend to nothing from him but as they followed his Faith and Liberius and some other Bishops there had been condemned for Heresie and if according to St. Iames Faith be to be tryed by Works the Lives of the Popes for several Ages gave shrewd presumptions that their Faith was not good And though it were granted that such a Power was given to the See of Rome yet by many instances he show'd that positive precepts in a matter of that nature were not for ever Obligatory And therefore Gerson wrote a Book De Auferibilitate Papae So that if a Pope with the Cardinals be corrupted they ought to be tryed by a General Council and submit to it St. Peter gave an account of his Baptizing Cornelius when he was questioned about it So Damasus Sixtus and Leo purged themselves of some scandals Then he showed how Corrupt the present Pope was both in his person and Government for which he was abhorred even by some of his Cardinals as himself had heard and seen at Rome It is true there was no Law to proceed against a vitious Pope for it was a thing not foreseen and thought scarcely possible but new diseases required new remedies and if a Pope that is an Heretick may be judged in a Council the same reason would hold against a Symoniacal Covetous and Impious Pope who was Salt that had lost its favour And by several Authorities he proved that every man who lives so is thereby out of the Communion of the Church and that as the
Preheminence of the See of Rome flowed only from the Laws of men so there was now good cause to repeal these for the Pope as was said in the Council of Basil was only Vicar of the Church and not of Christ so he was accountable to the Church The Council of Constance and the Divines of Paris had according to the Doctrine of the Ancient Church declared the Pope to be subject to a General Council which many Popes in former Ages had confessed And all that the Pope can claim even by the Canon-Law is only to call and preside in a General Council but not to overrule it or have a Negative vote in it The Power of Councils did not extend to Princes Dominions or Secular Matters but only to points of Faith which they were to declare and to Condemn Hereticks nor were their Decrees Laws till they were Enacted by Princes Upon this he enlarged much to show that though a Council did proceed against a King with which they then Threatned the King that their Sentence was of no force as being without their Sphere The determination of Councils ought to be well considered and examined by the Scriptures and in matters indifferent men ought to be left to their freedom he taxed the severity of Victors Proceedings against the Churches of the East about the day of Easter And concluded that as a Member of the Body is not cut off except a Gangrene comes in it so no part of the Church ought to be cut off but upon a great and inevitable cause And he very largely showed with what moderation and charity the Church should proceed even against those that held errors And the Standard of the Councils definitions should only be taken from the Scriptures and not from mens Traditions He said some General Councils had been rejected by others and it was a tender point how much ought to be deferred to a Council some Decrees of Councils were not at all obeyed The Divines of Paris held that a Council could not make a new Article of Faith that was not in the Scriptures And as all Gods Promises to the people of Israel had this condition implyed within them If they kept his Commandments so he thought the Promises to the Christian Church had this condition in them If they kept the Faith Therefore he had much doubting in himself as to General Councils and he thought that only the word of God was the Rule of Faith which ought to take place in all Controversies of Religion The Scriptures were called Canonical as being the only Rules of the Faith of Christians and these by appointment of the Ancient Councils were only to be read in the Churches The Fathers SS Ambrose Ierome and Austin did in many things differ from one another but always appealed to the Scriptures as the common and certain standard And he cited some remarkable passage out of St. Austin to show what difference he put between the Scriptures and all the other Writings even of the best and holiest Fathers But when all the Fathers agreed in the Exposition of any place of Scripture he acknowledged he looked on that as flowing from the Spirit of God and it was a most dangerous thing to be wise in our own Conceit Therefore he thought Councils ought to found their decisions on the word of God and those expositions of it that had been agreed on by the Doctors of the Church Then he discoursed very largely what a person a Judge ought to be he must not be Partial nor a Judge in his own Cause nor so much as sit on the Bench when it is tryed lest his presence should over-awe others Things also done upon a common error cannot bind when the error upon which they were done comes to be discovered and all human Laws ought to be changed when a publick visible inconvenience follows them From which he concluded that the Pope being a Party and having already passed his Sentence in things which ought to be examined by a General Council could not be a Judge nor sit in it Princes also who upon a common mistake thinking the Pope Head of the Church had sworn to him finding that this was done upon a false ground may pull their Neck out of his Yoke as every man may make his escape out of the hands of a Robber And the Court of Rome was so corrupt that a Pope though he mean't well as Hadrian did yet could never bring any good design to an issue the Cardinals and the rest of that Court being so engaged to maintain their Corruptions These were the Heads of that Discourse which it seems he gave them in writing after he had delivered it but he promised to entertain them with another Discourse of the Power the Bishops of the Christian Church have in their Sees and of the Power of a Christian Prince to make them do their duty but that I could never see and I am afraid it is lost All this I thought necessary to open to show the State of the Court and the Principles that the several Parties in it went upon when the Reformation was first brought under Consideration in the third Period of this Kings Reign to which I am now advanced The end of the Second Book EFFIGIES VERA REVERENDISSIMI D. THOMAE CRANMERI ARCHIEPISCOPI CANTUARIâ—NSIS HHolbein pinxit Natus 1489 Iuly 2. Consecratus 1533 Mar. 30. Martyrio Coronatus 1556 Mar. 21. 〈…〉 THE HISTORY OF THE REFORMATION OF THE Church of England BOOK III. Of the other Transactions about Religion and Reformation during the rest of the Reign of King Henry the 8th THe King having passed through the Traverses and tossings of his Sute of Divorce and having with the concurrence both of his Clergy and Parliament brought about what he had projected seem'd now at ease in his own Dominions But though matters were carryed in Publick Assemblies smoothly and successfully yet there were many secret discontents which being fomented both by the Pope and the Emperors Agents wrought him great trouble so that the rest of his life was full of vexation and disquiet All that were zealously addicted to that which they called the Old Religion did conclude that what-ever firmness the King expressed to it now was either pretended out of Policy for avoiding the Inconveniences which the fears of a Change might produce or though he really intended to perform what he professed yet the Interests in which he must embarque with the Princess of Germany against the Pope and the Emperor together with the Power that the Queen had over him and the credit Cranmer and Cromâ—ell had with him would prevail on him to change some things in Religion And they look'd on these things as so complicated together that the change of any one must needs make way for change in more since that struck at the Authority of the Church and left people at liberty to dispute the Articles of Faith This they thought was a Gate opened to Heresie
before there was any Act of Parliament made for their Suppression In several Houses the Visitors who were generally either Masters of Chancery or Auditors of the Court of Augmentations studied not only to bring them to resign their Houses but to Sign Confessions of their passed lewd and dissolute lives Of these there is only one now extant which it is like escaped the general rasure and destruction of all Papers of that kind in Queen Maries time But from the Letters that I have seen I perceive there were such Confessions made by many other Houses That Confession of the Prior and Benedictins of St. Andrews in Northampton is to be seen in the Records of the Court of Augmentations In which with the most aggravating expressions that could be devised they acknowledged their past ill life for which the Pitt of Hell was ready to swallow them up They confessed that they had neglected the Worship of God lived in Idleness Gluttony and Sensuality with many other woful expressions to that purpose Other Houses as the Monastery of Betlesden resigned with this Preamble That they did profoundly consider that the manner and trade of living which they and others of their pretended Religion had for a long time followed consisted in some dumb ceremonies and other Constitutions of the Bishops of Rome and other forreign Potentates as the Abbot of Cisteaux by which they were blindly led having no true knowledg of Gods Laws procuring exemptions from their Ordinary and Diocesan by the Power of the Bishop of Rome and submitting themselves wholly to a forreign Power who never came hither to reform their abuses which were now found among them But that now knowing the most perfect way of living is sufficiently declared by Christ and his Apostles and that it was most fit for them to be Governed by the King who was their Supream Head on earth they Submitted themselves to his Mercy and surrendered up their Monastery to him on the 25th of September in the 30th year of his Reign This writing was signed by the Abbot the Sub-prior and nine Monks There are five other Surrenders to the same purpose by the Gray and White Friars of Stamford the Gray-Friars of Coventry Bedford and Ailesbury yet to be seen Some are resigned upon this Preamble That they hoped the King would of new found their House which was otherwise like to be ruined both in Spirituals and Temporals So did the Abbot of Chertsey in Surrey with fourteen Monks on the 14th of Iuly in the 29th year of this Reign whose House was valued at 744 lib. I have some reason to think that this Abbot was for the Reformation and intended to have had his House new founded to be a House of true and well regulated devotion And so I find the Prior of great Malverine in Worcestershire offered such a Resignation He was recommended by Bishop Latimer to Cromwell with an earnest desire that his House might stand not in Monkery but so as to be converted to Preaching Study and Prayer And the good Prior was willing to compound for his House by a Present of 500 Marks to the King and of 200 to Cromwell He is commended for being an old worthy man a good Housekeeper and one that daily fed many poor people To this Latimer adds Alas my good Lord Shall we not see Two or Three in every shire changed to such remedy But the Resolution was taken once to extirpate all And therefore though the Visitors interceded earnestly for one Nunnery in Oxfordshire Godstow where there was great strictness of life and to which were most of the young Gentlewomen of the County were sent to be bred so that the Gentrey of the Country desired the King would spare the House yet all was uneffectual The General Form in which most of these Resignations begins is That the Abbot and Brethren upon full deliberation certain knowledg of their own proper motion for certain just and reasonable causes specially moving them in their Souls and Consciences did freely and of their own accord give and grant their Houses to the King Others it seems did not so well like this preamble and therefore did without any reason or preamble give away their Houses to the Visitors as Feofees in trust for the Kings use And thus they went on procuring daily more surrenders So that in the thirtieth year of the Kings Reign there were 159 Resignations enrolled of which the Originals of 155 do yet remain And for the Readers further satisfaction he shall find in the Collection at the end of this Book the names of all these Houses so surrendred with other particulars relating to them which would too much weary him if inserted in the thread of this Work But there was no Law to force any to make such Resignations So that many of the great Abbots would not comply with the King in this matter and stood it out till after the following Parliament that was in the 31th year of his Reign It was questioned by many whether these surrenders could be good in Law since the Abbots were but Trustees and Tenants for Life It was thought they could not absolutely alienate and give away their House for ever But the Parliament afterwards declared the Resignations were good in Law For by their Foundations all was trusted to the Abbot and the Senior Brethren of the House who putting the Covent-Seal to any Deed it was of force in Law It was also said that they thus surrendering had forfeited their Charters and Foundations and so the King might seize and possess them with a good Title if not upon the Resignation yet upon Forfeiture But others thought that whatsoever the Nicety of Law might give the King yet there was no sort of equity in it that a few Trustees who were either bribed or frighted should pass away that which was none of theirs but only given them in Trust and for Life Other Abbots were more roughly handled The Prior of Wooburn was suspected of favouring the Rebels of being against the Kings Supremacy and for the Popes and of being for the General Council then summoned to Mantua And he was dealt with to make a submission and acknowledgment In an account of a long Conference which he had with a Privy Counsellor under his own hand I find that the great thing which he took offence at was That Latimer and some other Bishops preached against the Veneration of the Blessed Virgin and the other Saints and that the English Bible then set out differed in many things from the Latin with several lesser matters So that they looked on their Religion as changed and wondered that the Judgments of God upon Queen Anne had not terrified others from going on to subvert the Faith yet he was prevailed with and did again submit to the King and acknowledg his Supremacy but he afterwards joyned himself to the Rebels and was taken with them together with the Abbot of Whaley and two
the Supremacy which was matter of Conscience But the King was resolved to let all his Subjects see there was no Mercy to be expected by any that denyed his being Supream head of the Church and therefore made him and More two Examples for terrifying the rest This being much censured beyond Sea Gardiner that was never wanting in the most servile complyances wrote a vindication of the Kings proceedings The Lord Herbert had it in his hands and tells us it was written in elegant Latine but that he thought it too long and others judged it was too vehement to be inserted in his History VERA EFFIGIES THOMAE MORI QVONDAM TOTIUS ANGLIAE CANCELLARII DIGNISSIMI ET H. Holbein pinxit R. White sculpsit Natus 1482 Angliae Cancellarius 1529 Capite truncatus An 1535 Iuly 6. to Printed for Ric Chiswell at the Rose and Crowne in St. Pauls Church yard Thus did Sir Thomas More end his days in the 53d year of his age He was a man of rare vertues and excellent parts In his youth he had freer thoughts of things as appears by his Vtopia and his Letters to Erasmus but afterwards he became superstitiously devoted to the interests and passions of the Popish Clergy and as he served them when he was in Authority even to assist them in in all their cruelties so he employed his pen in the same cause both in writing against all the new opinions in general and in particular against Tindal Frith and Barnes as also an unknown Writer who seemed of neither party but reprooved the corruptions of the Clergy and condemned their cruel proceedings More was no Divine at all and it is plain to any that reads his writings that he knew nothing of Antiquity beyond the quotations he found in the Canon-Law and in the Master of the sentences only he had read some of St. Austins treatises for upon all points of Controversie he quotes only what he found in these Collections nor was he at all conversant in the critical learning upon the Scriptures but his peculiar excellency in writing was that he had a natural easie expression and presented all the opinions of Popery with their fair side to the Reader disguising or concealing the black side of them with great Art and was no less dextrous in exposing all the ill consequences that could follow on the Doctrine of the Reformers and had upon all occasions great store of pleasant tales which he applyed wittily to his purpose And in this consists the great strength of his Writings which were designed rather for the Rabble than for Learned men But for justice contempt of money humility and a true generosity of mind he was an example to the Age in which he lived But there is one thing unjustly added to the praise of these two great men or rather feigned on design to lessen the Kings honour that Fisher and he penned the book which the King wrote against Luther This Sanders first published and Bellarmin and others since have taken it up upon his Authority Strangers may be pardoned such errors but they are inexcusable in an English man For in Mores printed works there is a Letter written by him out of the Tower to Cromwel in which he gives an account of his behaviour concerning the Kings Divorce and Supremacy among other particulars one is that when the King shewed him his Book against Luther in which he had asserted the Popes Primacy to be of Divine right More desired him to leave it out since as there had been many contests between Popes and other Princes so there might fall in some between the Pope and the King therefore he thought it was not fit for the King to publish any thing which might be afterwards made use of against himself and advised him either to leave out that point or to touch it very tenderly but the King would not follow his counsel being perhaps so fond of what he had writ that he would rather run himself upon a great inconvenience than leave out any thing that he fancied so well written This shews that More knew that Book was written by the Kings own pen and either Sanders never read this or maliciously concealed it lest it should discover his foul dealing These Executions so terrified all people that there were no further provocations given and all persons either took the Oaths or did so dextrously conceal their opinions that till the Rebellions of Lincolnshire and the North broke out none suffered after this upon a publick account But when these were quieted then the King resolved to make the chief Authors and Leaders of those Commotions publick examples to the rest The Duke of Norfolk proceeded against many of them by Martial Law there were also Tryals at common Law of a great many more that were taken Prisoners and sent up to London The Lords Darcy and Hâ—ssie were tryed by their Peers the Marquis of Exceter sitting Steward And a Commission of Oyer and Terminer being issued out for the Tryal of the rest Sir Robert Constable Sir Iohn Bulmer and his Lady Sir Francis Pigot Sir Stephen Hamilton and Sir Thomas Piercy and Ask that had been their Captain with the Abbots of Whalley Ierveux Bridlington Lenton Woburn and Kingstead and Mackrall the Monk that first raised the Lincolnshire Rebellion with sixteen more were Indicted of high Treason for the late Rebellions And after all the steps of the Rebellion were reckoned up it is added in the Indictment that they had met together on the 17th of Ianuary and consulted how to renew it and prosecute it further being encouraged by the new Risings that were then in the North by which they had forfeited all the favour to which they could have pretended by vertue of the Indemnity that was granted in the end of December and of the pardons which they had taken out They were all found Guilty and had judgment as in cases of Treason divers of them were carryed down into Lincolnshire and Yorkshire and executed in the places where their Treasons were committed but most of them suffered at London and among others the Lady Bulmer whom others call Sir Iohn Bulmers harlot was burnt for it in Smithfield The only censure that passed on this was that advantages were taken on too slight grounds to break the Kings Indemnity and pardon since it does not appear that after their pardon they did any thing more than meet and consult But the Kingdom was so shaken with that Rebellion that if it had not bâ—en for the great conduct of the Duke of Norfolk the King had by all appearance lost his Crown And it will not seem strange that a King especially so tempered as this was had a mind to strike terror into the rest of his Subjects by some signal Examples and to put out of the way the chief leaders of that design nor was it to be wondered at that the Abbots and other Clergy-men who had been so active in
herein to the King's purpose then must his Holiness either standing in doubt leave and suffer the Cause to remain in suspence to the extream danger of the King's Realm and Succession for ever or else declare the Bull or Breve or both to be good which I suppose neither his Holiness nor any true Christian Man can do standing the manifest occasions presumptions and apparent evidences to the contrary Then if the matter be not to be left in suspence no judgment can be truly given to the approbation of the Bull or Breve how can the Pope's Holiness of Conscience Honour or Vertue living or dying thus procrastinate or put over the immediate finishing thereof according to the King's desire or how may his Holiness find his Conscience towards God exonerate if either living he should be the cause of so many evils as hereof may arise or dying wilfully leave this so great a Matter by his own default in this confusion incertainty and perplexity It is not to be supposed that ever Prince most devout to the See Apostolick could so long tolerate so high an Injury as being so merited towards the said See is both unacquitted for his kindness with any special Grace and also denied upon his petition of that which is evident to be plain Justice This thing is otherwise to be looked upon than for the Pope's Sickness where most need were to put an end unto it to be delaied seeing that living and amending it is of it self expedient and justifiable and dying it shall be an act both necessary meritorious and honourable For this cause ye now knowing the King's mind in this behalf shall if ye have not already before this time spoken with the Pope's Holiness at length in these Matters as the King's Grace trusteth ye have done sollicite as well by the means of Messiere Iacobo Salviati as by the Bishop of Verone and otherwise as ye can think best to have such commodious access unto his Holiness as ye may declare the Premises unto him which by your wisdoms in as effectual and vive manner as ye can open it unto his Holiness It is undoubtedly to be thought the same shall rather be to his comfort and encrease of Health than to any his trouble or unquietness and that his Holiness hearing these Reasons not evitable will whether he be in way and hope of amendment or otherwise both proceed to the said indication and also to the Declaration of the Law and passing of a sufficient and ample Decretal as hath been devised in the King 's said Cause with other such things as by former Letters and Instructions by the Decrees mentioned in the same that failing have been committed unto you to be solicited and procured there in the labouring whereof albeit since your departures from hence the things have by reasons of the Pope's sore sickness otherwise chanced than was here supposed by means whereof ye not instructed what to do in any such case were peradventure not over-hasty or importune to labour these Matters till the Pope's Holiness might be better amended nor could percase find the means to have convenient access unto his presence for the same ye must nevertheless adhibit such diligence as howsoever the sickness of his Holiness shall cease amend or continue these things be not for the same or any other cause tracted or left in longer suspense but finding possible means to come unto the Pope's presence to declare all such things unto the same mentioned both in the former Letters and Instructions given unto you and also in these presents as may make to the purpose and failing of often access in your own Persons to his Holiness ye cause the Bishop of Verone and other such assured Friends as ye can attain being about him at such times as they may have with his Holiness to inculcate unto him the said Points and Considerations and all other that ye can excogitate and devise to the furtherance and advancement of these Matters not forbearing or sparing also if ye shall see difficulty at the Pope's hand or in audience to be given to you or your Friends there being about his Person to break and open after a good fashion and manner the same unto such of the Cardinals as ye may perceive assuredly and constantly to favour the King's Highness and the French King in Election of a future Pope in case as God forbid the Pope's Holiness should decease and to shew unto the same Cardinals all such things as you shall think meet both for their more ample instructions in the truth and specialities of the Matters as well concerning the Indication of Truce as the King 's said Cause and the presumptuous Reasons and plainer Evidences leading to the insufficiency of the Bull and apparent falsity of the said Breve to the intent that as many of the said Cardinals as ye can win made sure in those Matters they may both in time of sickness and also of amendment move and induce the Pope's Holiness thereunto laying before him as well the Merits and Honour that may ensue by the perfection of the Premises as the danger imminent by the contrary and semblably it shall be expedient that ye win and make sure to the same purpose as many of the Officers of the Rota and other as ye can who as ye write be not accustomed nor will give counsel to any Person but the Pope's Holiness for albeit ye cannot have them to be of the King's Council yet nevertheless they may do as much good or more in training and counselling the Pope's Holiness upon the great Reasons that you can shew unto them to hearken unto your Overtures in this behalf To which purpose you shall adjure make and win as many Friends of the Cardinals of them and other as ye possibly may as for the thing which the King's Highness and I more esteem than twenty Papalities and amongst other ye shall insist by all means and good persuasions ye can for the continuance there of the said Bishop of Verone so as he may countervail the Arch-Bishop of Capuan who as it seemeth is continually about the Pope's Person and were necessary to be met with in the labours and persuasions which by likelihood he maketh to the hindrance of the King's Purpose For the better continuing of the which Bishop of Verone not only the King's Highness and I write unto him at this time as by the Copy of the same several Letters being herewith ye shall perceive but also the French King will do the semblable And furthermore to the intent that the Pope's Holiness may well perceive that not only the said French King mindeth the King 's said Cause and taketh it to heart as much as it were his own and will effectually join and concur with the King's Highness therein but that also he is and will be conformable to the said Indication He will send thither with all speed the Bishop of Bayon to further sollicite and set forth the
same directed with the Pope's Pollicitation mentioned in the same and semblablie I have received your Conjunct and several Letters of the date of the 18 and 29 days of March the 8 19 20 and 22 of April to me directed wherein ye at right good length have made mention of such Discourses Conferences Audiences and Communications as ye have had concerning your Charge since the time of your former Advertisements made in that behalf with all such Answers and Replications as have been made unto you by the Pope's Holiness and other on his behalf concerning the same In the Circumstances whereof ye have so diligently discreetly and substantially acquitted your selves as not only your firm and fervent desire to do unto the King's Highness special and singular service in this his great and weighty Cause but also your Wisdom Learning and perfect dexterities heretofore well known hath every one for his part thereby been largely of new shewed comprobate and declared to the King 's good contentment my rejoice and gladness and to your great laud and praise For the which his Grace giveth unto you right hearty thanks and I also for my part do the semblable assuring you in few words though the time and state of things hath not suffered that your desires might at this time be brought unto effect yet the King's Grace well knoweth perceiveth and taketh that more could not have been done excogitated or devised than ye have largely endeavoured your self unto for conducing the King's purpose which his Grace accepteth as touching your merits and acquittal in no less good and thankful part than if ye finding the disposition of things in more direct state had consecute all your pursuits and desires Nor ye shall doubt or think that either the King's Highness or I have conceived or thought any manner negligence in you for such things as were mentioned in the last Letters sent unto you by Alexander Messenger but that albeit his Highness had cause as the same wrote to marvel of your long demor and lack of expedition of one or other of the things committed to your charge yet did his Highness right well persuade unto himself the default not to be in you but in some other cause whereof his Grace not knowing the same might justly and meritoriously be brought unto admiration and marvel And therefore be ye all of good comfort and think your perfect endeavours used and services done to be employed there as it can right well in every part regarded and considered In effect coming to the Specialities of the things now to be answered The King's Highness having groundly noted and considered the whole continue and circumstances of all your said Letters and Advertisements findeth and perceiveth evidently that whatsoever Pursuits and Instances and Requests have been or shall be for this present time made there by you on his Grace's behalf to the Pope's Holiness for the furtherance of the said great and weighty Cause and how much soever the necessity of Christendom for the good of Peace the importance of the Matter the justness of the thing it self reason duty respect to good Merits detecting of Falsities used evident Arguments and Presumptions to the same or other thing whatsoever it be making for the King's purpose do weigh the Times be now such as all that shall be done in any of the Premisses there is apparent by such privy Intelligence and promise as is between the Pope and the Emperor to hang and depend upon the Emperor's Will Pleasure and Arbitre as whom the Pope's Holiness neither dare nor will in any part displease offend or miscontent nor do by himself any thing notable therein which he shall think or suppose to be of moment the said Emperor first inconsulted or not consenting thereunto And for that cause since the Emperor not only is the Adversary of Universal Peace Letter and Impeacher thereof but also as hath appeared by sundry Letters heretofore and now of new sent out of Spain doth shew himself adverse and enterponing himself as a Party against the King 's said great Matter It were in manner all one to prosecute the same at the Emperor's hands as at the Popes which so totally dependeth upon the Emperor and as much Fruit might be hoped of the one as of the other so as far discrepant it were from any wisdom in a thing so necessary and which as ye know must needs be brought unto an end without any further delay to consume and spend the time where such express contrariety and in manner dispair appeareth to do good therein and where should be none other but continual craft colour abuses refuses and delays but rather to proceed unto the same in place and after such form as may be a appearance of some good and brief effect to ensue Wherefore to shew you in Counsel and to be reserved unto your selves The King's Highness finding this ingratitude in the Pope's Holiness is minded for the time to dissemble the Matter and taking as much as may be had and attained there to the benefit of his Cause to proceed in the Decision of the same here by virtue of the Commission already granted unto me and my Lord Legate Campegius And for because that ye Mr. Stevins be largely ripened and acquainted in this Matter and that both the King's Highness and I have right large experience of your entire zeal and mind to the studying and setting forth of such things concerning the Law as may be to the furtherance hereof considering also that for any great thing like to be done there herein such Personages as be of good Authority Wisdom and Experience tho they be not learned in the Law may with such Counsel as ye have retained there right well serve to the accomplishment of such other things as shall occur or be committed unto them on the King's behalf tho so many Ambassadors do not there remain and continue His Grace therefore willing and minding to revoke you all by little and little except you Sir Gregory being his Ambassadour there continually residing willeth That after such things perfected and done as hereafter shall be mentioned ye Mr. Stevins and you Sir Francis Brian shall take you leave of the Pope's Holiness and with diligence return home For if ne had been the absence of you Mr. Stevins seeing that there is small appearance of any Fruit to be obtained there the King's Highness would have entred into Process here before this Whitsuntide But because his Grace would have you here present as well for the forming of the said Process and for such things as be trusted that ye shall obtain and bring with you as also for the better knowledge to be had in sundry Matters wherein you may be the better ripened and informed by means of your being in that Court And otherwise his Highness will somewhat the longer defer the commencement of the said Process and respite the same only for your coming which his Grace therefore desireth
ways possible to be entertained as we doubt not but you will have special eye and regard to the making winning and conservation of as many Friends to our purpose as ye can possibly obtain so handling your self as now may appear your dexterity and perfect endeavour to conduce with your diligent labour and policy our Matters to the speedy indelayed and desired end and effect which ye may be sure we shall not put in oblivion but will have the same in remembrance accordingly Marvelling nevertheless that though ye Mr. Stevins could not bring hitherto our great Causes to perfection ye had not in the mean season advertised us what is done touching such Bulls as were to be sped for our other particular Matters whereof no mention is made in your said Letters willing and desiring you therefore by your next Letters to advertise us in what state and train the same be knowing right well that ye being not only by the former Letters and Writings but also by such as be sent unto you at this time sufficiently and amply instructed of our Mind and Pleasure will now so acquit your self as shall correspond to the perfect expectation and firm opinion that we have of you which we shall not fail to have in our tender consideration to your well as is aforesaid Ye shall also in your Conferences with the said Bishop of Verone understand and know of him by what ways and means ye may best further his advancement to the Cardinality exhorting him for the manifold good effects that thereof may ensue to conform himself to the acceptation thereof if it may be obtained for doubtless his Vertue Wisdom Experience Fidelity and other great and commendable merits well considered we think no Man more meet at this time to be preferred thereunto than him And therefore our express Mind and Pleasure is that ye do it by all the ways and means to you possible And finally we will that ye show unto him how effectually we have written unto you in that behalf to the intent being advanced thereunto he may give us the better thanks and in every way bear to us the more perfect affection And by your next Letters We will that ye advertise us what Advocates ye have on our part with their Names and Qualities finding the means also if it be possible to retain some notable and excellent Divine a Frier or other that may can or will firmly stick to our Causes in leaning to that Quod Pontifex ex Iure Divino non potest dispensare c. And of all the Successes to advertise us as our special trust is in you Given under our Signet at our Mannor of Greenwich the 6 th of this April XXVIII The King's Letter to his Ambassadours about his appearance before the Legates An Original Iune 23. 1529. To our trusty and right well-beloved Counsellors Mr. William Bennet Doctor of both Laws Sir Gregory de Cassalis Knight and Mr. Peter Vannes our Secretary for the Latin Tongue our Ambassadours resident in the Court of Rome and to every of them By the KING Henry R. TRusty and right well-beloved we greet you well By former Letters and Writings sent to you Sir Gregory and Mr. Peter with other of your Collegues then being at Rome and by such conference as was had with you Mr. Benet before your departure you were advertised in what state then stood our Cause and Matter of Matrimony and how it was intended that the Process of the same should with diligence be commenced before the Pope's Legates here being authorized for that purpose Since that time ensuing the deliberation taken in that behalf the said Legates all due Ceremonies first observed have directed Citations both to us and to the Queen for our and for her appearing before them the 18 th of this month which appearance was duly on either Party kept performed and all requisite Solemnities accomplished At which time the Queen trusting more in the power of the Imperialists than in any justness of her Cause and thinking of likelyhood by frustratory allegations and delays to tract and put over the Matter to her advantage did protest at the said day putting in Libels Recusatories of the Judges and also made a provocation alledging the Cause to be avoked by the Pope's Holiness litis pendentiam coram eodem desiring to be admitted for probation thereof and to have a term competent for the same Whereupon day was given by the Judges till the 21 of the same month for declaration of their minds and intentions thereunto The Queen in Person and we by our Proctor enjoined to appear the same day to hear what the said Judges should determine in and upon the same At which time both we and the Queen appeared in Person and notwithstanding that the said Judges amply and sufficiently declared as well the sincerity of their minds directly justly to proceed without favour dread affection or partiality as also that no such Recusation Appellation or term for proving of Litis pendentiam could or might be by them admitted yet she nevertheless persisting in her former wilfulness and in her Appeal which also by the said Judges was likewise recused And they minding to proceed further in the Cause the Queen would no longer make her abode to hear what the said Judges would fully discern but incontinently departed out of the Court wherefore she was thrice preconnisate and called eft-soons to return and appear which she refusing to do was denounced by the Judges Contumax and a Citation decerned for her appearance on Friday next to make answer to such Articles and Positions as should be objected unto her So as now it is not to be doubted but that she will use all the ways and means to her possible to impetrate and attain such things as well by her own pursute as by her Friends as may be to the impeachment of the rightful Process of this Cause either by Advocation Inhibition or otherwise Wherefore seeing now in what state this our Matter standeth and dependeth necessary and requisite for the great Consequences hanging upon the same not only for the exoneration of our Conscience but also for the surety of our Succession and the well of this our Realm and People to be with all celerity perfected and observed It was thought convenient to advertise you of the Premisses to the intent ye being well and sufficiently instructed in all things concerning the same shall by your wisdoms and diligences have special regard that nothing pass or be granted there by the Pope's Holiness which may either give delay or disappointment to the direct and speedy process to be used in this Cause neither by Advocation of the Cause Inhibition or otherwise but that if any such thing shall by the Caesareans or by her Agents or other be attempted or desired the like Men of Wisdom good Zeal Learning and Experience diligently procure the stopping thereof as well upon such Reasons and Considerations as before have been
signified unto you as by inferring the high and extream dishonour and intolerable prejudice that the Pope's Holiness thereof should do to his said Legates and also the contrariety both of his Bull and Commission and also of his Promise and Pollicitation passed upon the same beside the notable and excellent displeasure thereby to be done by his Holiness to us and our Realm clear contrary to our merits and deserts extending also the other dangers mentioned in the said former Writings apparent to ensue thereby to his Holiness and the See Apostolick with the manifold and in manner inâ—inite inconveniences like to follow of the same to all Christendom and all other such reasons introductions and perswasions ye can make and devise for that purpose putting him also in remembrance of the great Commodity coming unto his Holiness herein by reason that this Cause being here decided the Pope not only is delivered from the pains that he should in this time of Disease and Sickness to the extream peril of his Life sustain with the same seeing that it is of such moment and importance as suffereth no tract or delay but also his Holiness shall by such decision here eschew and avoid all displeasure that he should not fail to have if it were or should be passed elsewhere which matter is no little wisdom well to foresee and consider and not only to forbear to do or pass any thing derogatory or prejudicial to his said Commission but also by all means possible to corroborate and fortify the same and all such Acts judicial as shall pass by his said Legates by virtue thereof Like-as we doubt not but that the Pope's Holiness of his Uprightness Vertue and perfect Wisdom will do and rather like a most loving Father and Friend tender and favour our good just and reasonable Causes and Desires putting thereunto all the furtherance he may do than to do or consent to be done any thing hurtful prejudicial dammageable or displeasant unto us or this our said Cause And finally If need shall be we will ye also infer as the case shall require how inconvenient it were this our Matter should be decided in the Court of Rome which now dependeth totally in the Emperor's Arbitre having such puissance near thereunto that as hath been written by the Pope's own Letters their State and Life there is all in the Emperor's hands whose Armies may famish or relieve them at their pleasure And semblably ye shall not forget the prerogative of our Crown and Jurisdiction Royal by the ancient Laws of our Realm which admitteth nothing to be done by the Pope to the prejudice thereof and also what danger they should incur that would presume to bring or present any such thing unto the same as in our last Letters sent by Alexander was touched at good length Wherein since ye be already so well and amply instructed knowing also how much the Matter imports and toucheth us and what profit and agreeable service ye may do unto us herein with the high thanks that ye may deserve for the same We shall not be more prolix but refer the substantial perfect and assured handling hereof to your circumspections fidelities and diligences not doubting but that ye will now above all other things look vigilantly hereunto and so acquit your selves in the same as it may well appear that your Acts shall be correspondent to our firm trust and expectation and no less tender this thing than ye know it to be imprinted in the bottom of our Heart nor then as ye know both the importance and high moment and also the very necessity of the Matter doth require In which doing beside the laud and praise that ye shall consecute thereby of all good Men we shall so have your acquittals in our remembrance as ye shall have cause to think your travels pains and studies herein in the best wise collocate and emploied Given under our Signet at our Palace of Bridewel the 23 d day of Iune Rome 9 Iuly 1529. XXIX Doctor Bennet's Letter to the Cardinal shewing how little they might expect from the Pope An Original PLease it your Grace to understand that the 6 th day of this month the Pope's Holiness send for us Albeit we had made great sute for audience before to his Holiness soon after that we had understanding that his Holiness was recovered of this his last Sickness into the which he fell the second day after I had my first audience of his Holiness which was the 21 day of the last month And after our long communication and reasoning in the King's Highness Cause which at length we have written to your Grace in our common Letter for a confirmation of many inconveniences and dangers which we perswaded to his Holiness to follow both to himself and to the See Apostolick in case his Holiness should avoke the cause I thought much convenient at that same time to deliver the King 's familiar and likewise your Grace's Letter and so to shew your Grace's Credence to his Holiness After the foresaid Letters delivered and by his Holiness read his Holiness shewed me that he perceived by your Grace's Letters that I had certain Credence to shew unto him of great moment and importance concerning him and the See Apostolick I shewed to his Holiness your Grace's Faith and observance his Holiness doth best know most humbly besought his Holiness to believe these undoubtedly to follow That if his Holiness should at the labours of the Caesareans avoke the Cause he should not alonely offend the King's Highness which hitherto hath been a stay a help and a defence of the See Apostolick but also by reason of this injury without remedy shall alienate his Majesty and Realms with others from the devotion and obedience of the See Apostolick This I shewed his Holiness that your Grace doth evidently perceive to follow in case his Holiness should incline to the Caesareans desire on this behalf Yea further I said that your Grace most clearly perceiveth also by that Act the Church of England utterly to be destroyed and likewise your Person and that these your Grace with weeping tears most lamentably committed unto me to shew to his Holiness Furthermore I shewed to his Holiness that your Grace howsoever you should proceed in this Cause did intend to proceed so sincerely indifferently and justly that you would rather suffer to be jointed Joint by Joint than either for affection or fear do any act either against your Conscience or Justice Furthermore I said that seeing his Holiness may be so well assured that your Grace will do nothing but according to Justice in this Cause he may the more boldly deny Avocations to the Caesareans seeing that the Queen and the Emperor can desire but Justice which they may have at your Grace's hand and my Lord Campegius as well there as here and by this means his Holiness should deliver himself from great pains and unquietness of mind which he should sustain
thereunto That by that reason they might except against all for it was lightly that in a Question so notable as this is every Man Learned hath said to his Friend as he thinketh in it for the time but we ought not to judg of any Man that he setteth more to defend that which he hath once said than Truth afterward known Finally The Vice-Chancellor because the day was much spent in those altercations commanding every Man to resort to his Seat apart as the manner is in those Assemblies willed every Man's mind to be known secretly whether they would be content with such an Order as he had conceived for answer to be made by the University to your Grace's Letters whereunto that night they would in no wise agree And forasmuch as it was then dark night the Vice-Chancellor continued the Congregation till the next day at one of the Clock at which time the Vice-Chancellor proponed a Grace after the form herein inclosed and it was first denied When it was asked again it was even on both Parties to be denied or granted and at the last by labour of Friends to cause some to depart the House which were against it it was obtained in such form as the Schedule herein enclosed purporteth wherein be two Points which we would have left out but considering by putting in of them we allured many and that indeed they shall not hurt the Determination for your Grace's part we were finally content therewith The one Point is that where it was first that quicquid major pars of them that be named decreverit should be taken for the Determination of the University Now it referred ad duâ—s partes wherein we suppose shall be no difficulty The other Point is That your Grace's Question shall be openly disputed which we think to be very honourable and it is agreed amongst us That in that Disputation shall answer the Abbot of St. Benets Dr. Reppes and I Mr. Fox to all such as will object any thing or reason against the conclusion to be sustained for your Grace's part And because Mr. Doctor Clyss hath said That he hath somewhat to say concerning the Canon-Law I your Secretary shall be adjoined unto them for answer to be made therein In the Schedule which we send unto your Grace herewith containing the names of those who shall determine your Grace's Question all marked with the Letter A. be already of your Grace's Opinion by which we trust and with other good means to induce and obtain a great part of the rest Thus we beseech Almighty God to preserve your most Noble and Royal Estate From Cambridg the day of February Your Highness's most humble Subjects and Servants Stephen Gardiner Edward Foxe The Grace purposed and obtained Feb. 1530. Placet vobis ut A. Vicecancellarius Doctores A. Salcot The Abbot of St. Benets Watson A. Repps Tomson Venetus de isto bene speratur A. Edmunds Downes A. Crome A. Wygan A. Boston Magistri in Theologia Middelton A. Heynes Mylsent de isto bene speratur A. Shaxton A. Latimer A. Simon Longford De isto bene speratur Thyxtel Nicols Hutton A. Skip A. Goodrich A. Heth. Hadway de isto bene speratur Dey Bayne A.A. Duo Procuratores HAbeant plenam facultatem Authoritatem nomine totius Universitatis respondendi Literis Regiae Majestatis in hac Congregatione lectis ac nomine totius Universitatis definiendi determinandi quaestionem in dictis literis propositam Ita quod quicquid duae partes eorum praesentium inter se decreverint respondendi dictis literis definierint ac determinaverint super quaestione proposita in iisdem habeatur reputetur pro Responsione Definitione determinatione totius Universitatis quod liceat Vicecancellario Procuratoribus Scrutatoribus literis super dictarum duarum partium definitione determinatione concipienda sigillum commune Universitatis apponere sic quod disputetur Quaestio publice antea legatur coram Universitate absque ulteriori gratia desuper petenda aut obtinenda Your Highness may perceive by the Notes that we be already sure of as many as be requisite wanting only three and we have good hope of four of which four if we get two and obtain of another to be absent it is sufficient for our purpose July 1. 1530. XXXIII A Letter from Crook out of Venice concerning the Opinions of Divines about the Divorce An Original PLease it your Highness to be advertised That as this day I obtained the Common Seal of the University of Padua in substantial and good form for all the Doctors were assembled upon Sunday and the Case was amongst them solemnly and earnestly disputed all Monday Tuesday Wednesday and Thursday and this present Friday in the morning again and thereupon they concluded with your Highness and desired a Notary to set his Sign and Hand unto an Instrument by Leonicus and Simonetus devised in corroboration of your Cause and thereby to testify that this Instrument was their Deed Device Act and Conclusion and for the more credence to be given to the said Instrument they caused the Chancellor of the Potestate here to set his Hand and Seal for the approbation of the Authority of the Notary A Copy of all the which things I send unto your Highness by this Bearer in most humble wise beseeching the same to be advertised that the General of the Black-Friers hath given a Commandment That no Black-Frier dispute the Pope's Power Notwithstanding Prior Thomas Omnibonus procureth daily new Subscriptions and will do till the Brief of contrary Commandment shall come unto his hands My fidelity bindeth me to advertise your Highness that all Lutherans be utterly against your Highness in this Cause and have letted as much with their wretched Power Malice without Reason or Authority as they could and might as well here as in Padua and Ferrara where be no small Companies of them I doubt not but all Christian Universities if they be well handled will earnestly conclude with your Highness And to obtain their assent as well through Italy France Almagne Austrich Hungary and Scotland I think it marvellous expedient for the preferment of this your most honourable and high Cause As from the Seigniory and Dominion of Venice towards Rome and beyond Rome I think there can be no more done than is done already albeit gracious Lord if that I had in time been sufficiently furnished with Mony Albeit I have beside this Seal procured unto your Highness an hundred and ten Subscriptions yet it had been nothing in comparison of that that I might easily and would have done and at this hour I assure your Highness that I have neither Provision nor Mony and have borrowed an hundred Crowns the which also are spent about the getting of this Seal of the which my need and divers impediments in your Highness's Cause here I have advertised your Highness by many and sundry Letters and with the same sent divers Books and Writings part
but it cannot be hid which is so manifest and tho we could say nothing the thing it self speaketh But as to that that is affirmed in your Letters both of God's Law and Man's otherwise than is necessary and truth let that be ascribed to the temerity and ignorance of your Counsellors and your Holiness to be without all default save only for that ye do not admit more discreet and learned Men to be your Counsellors and stop the mouths of them which liberally would speak the Truth This truly is your default and verily a great fault worthy to be alienate and abhorred of Christ's Vicar in that ye have dealt so variably yea rather so inconstantly and deceivably Be ye not angry with my words and let it be lawful for me to speak the Truth without displeasure if your Holiness shall be displeased with that we do rehearse impute no default in us but in your own Deeds which Deeds have so molested and troubled us wrongfully that we speak now unwillingly and as enforced thereunto Never was there any Prince so handled by a Pope as your Holiness hath intreated us First When our Cause was proponed to your Holiness when it was explicated and declared afore the same when certain Doubts in it were resolved by your Counsellors and all things discussed it was required that answer might be made thereunto by the order of the Law There was offered a Commission with a promise also that the same Commission should not be revoked and whatsoever Sentence should be given should streight without delay be confirmed The Judges were sent unto us the Promise was delivered to us subscribed with your Holiness's hand which avouched to confirm the Sentence and not to revoke the Commission nor to grant any thing else that might lett the same and finally to bring us in a greater hope a certain Commission Decretal defining the Cause was delivered to the Judges hands If your Holiness did grant us all these things justly ye did injustly revoke them and if by good and truth the same was granted they were not made frustrate nor annihilate without fraud so as if there were no deceit nor fraud in the Revocation then how wrongfully and subtilly have been done those things that have been done Whether will your Holiness say That ye might do those things that ye have done or that ye might not do them If ye will say that ye might do them where then is the Faith which becometh a Friend yea and much more a Pope to have those things not being performed which lawfully were promised And if ye will say that ye might not do them have we not then very just cause to mistrust those Medicines and Remedies with which in your Letters ye go about to heal our Conscience especially in that we may perceive and see those Remedies to be prepared for us not to relieve the Sickness and Disease of our Mind but for other means pleasures and worldly respects And as it should seem profitable that we should ever continue in hope or despair so always the Remedy is attempted so that we being always a-healing and never healed should be sick still And this truly was the chief cause why we did consult and take the advice of every Learned Man being free without all affection that the Truth which now with our labour and study we seem partly to have attained by their judgments more manifestly divulged we might more at large perceive whose Judgments and Opinions it is easy to see how much they differ from that that those few Men of yours do shew unto you and by those your Letters is signified Those few Men of yours do affirm the prohibition of our Marriage to be inducted only by the Law positive as your Holiness hath also written in your Letters but all others say the prohibition to be inducted both by the Law of God and Nature Those Men of yours do suggest that it may be dispensed for avoiding of slanders The others utterly do contend that by no means it is lawful to dispence with that that God and Nature hath forbidden We do separate from our Cause the Authority of the See Apostolick which we do perceive to be destitute of that Learning whereby it should be directed and because your Holiness doth ever profess your ignorance and is wont to speak of other Mens mouths we do confer the sayings of those with the sayings of them that be of the contrary Opinion for to confer the Reasons it were too long But now the Universities of Cambridg Oxford in our Realms Paris Orleance Biturisen Andegavon in France and Bonony in Italy by one consent and also divers other of the most famous and Learned Men being freed from all affection and only moved in respect of verity partly in Italy and partly in France do affirm the Marriage of the Brother with the Brother's Wife to be contrary both to the Law of God and Nature and also do pronounce that no Dispensation can be lawful or available to any Christian Man in that behalf But others think the contrary by whose Counsels your Holiness hath done that that sithence ye have confessed ye could not do in promising to us as we have above rehearsed and giving that Commission to the Cardinal Campege to be shewed unto us and after if it so should seem profitable to burn it as afterwards it was done indeed as we have perceived Furthermore those which so do moderate the Power of your Holiness that they do affirm That the same cannot take away the Appellation which is used by Man's Law and yet is available to Divine Matters every-where without distinction No Princes heretofore have more highly esteemed nor honoured the See Apostolick than we have wherefore we be the more sorry to be provoked to this contention which to our usage and nature is most alienate and abhorred Those things so cruel we write very heavily and more glad would have been to have been silent if we might and would have left your Authority untouched with a good will and constrained to seek the verity we fell against our Will into this contention but the sincerity of the Truth prohibited us to keep silence and what should we do in so great and many perplexities For truly if we should obey the Letters of your Holiness in that they do affirm that we know to be otherwise we should offend God and our Conscience and we should be a great slander to them that do the contrary which be a great number as we have before rehearsed Also if we should dissent from those things which your Holiness doth pronounce we would account it not lawful if there were not a Cause to defend the Fact as we now do being compelled by necessity lest we should seem to contemn the Authority of the See Apostolick Therefore your Holiness ought to take it in good part tho we do somewhat at large and more liberally speak in this Cause which doth so oppress us
specially forasmuch as we pretend none atrocity nor use no rethorick in the exaggerating and encreasing the indignity of the Matter but if I speak of any thing that toucheth the quick it proceedeth of the meer verity which we cannot nor ought not to hide in this Cause for it toucheth not Worldly Things but Divine not frail but eternal in which things no feigned false nor painted Reasons but only the Truth shall obtain and take place and God is the Truth to whom we are bound to obey rather than to Men and nevertheless we cannot but obey unto Men also as we were wont to do unless there be an express cause why we should not which by those our Letters we now do to your Holiness and we do it with charity not intending to spread it abroad nor yet further to impugn your Authority unless ye do compel us albeit also that that we do doth not impugne your Authority but confirmeth the same which we revocate to its first foundations and better it is in the middle way to return than always to run forth head-long and do ill Wherefore if your Holiness do regard or esteem the tranquillity of our Mind let the same be established with verity which hath been brought to light by the consent of so many Learned Men So shall your Holiness reduce and bring us to a certainty and quietness and shall deliver us from all anxiety and shall provide both for us and our Realm and finally shall do your Office and Duty The residue of our Affairs we have committed to our Ambassadours to be propounded unto you to whom we beseech your Holiness to give credence c. XLIII A Promise made for engaging the Cardinal of Ravenna An Original Rome Februar 7. 1532. EGo Willielmus Benet Serenissimi Domini mei D. Henrici Octavi Angliae c. Regis in Romana Curia Orator habens ad inscripta ab ipso Rege potestatem facultatem prout constat per ipsius Majestatis Literas Patentes datas in Regia sua Greenewici die penultima Decemb M. D. XXXI manu sua propria suprascriptas secreto sigillo suo sigillatas Quoniam in ipsius Regis arduis negotiis expertus sum singularem praeclaram operam Reverendissimi in Christo Patris Domini D. Henrici Sancti Eusebii S. R. E. Presbyteri Cardinalis Ravennae quibus deinceps uti cupio ut eandem semper voluntatem operam sua Dominatio Reverendissima erga ipsum regem praestet libere promitto eidem Cardinali nomine dicti mei Regis quod sua Majestas provideri faciet eidem Cardinali de aliquo Monasterio seu Monasteriis aut aliis beneficiis Ecclesiasticis in Regno Galliae primo vacaturis usque ad valorem annuum sex millium ducatorum Et insuper promitto quod Rex Angliae praedictus praesentabit seu nominabit eundem Cardinalem ad Ecclesiam Cathedralem primo quovis modo vacaturam seu ad praesens vacantem in Regno Angliae de illa ei provideri faciet casu quo Ecclesia primo vacatura hujusmodi ceu ad praesens vacans non sit Ecclesia Eliensis promitto etiam quod succedente postea vacatione Ecclesiae Eliensis Rex Angliae transferri faciet eundem Cardinalem si ipsi Cardinali magis placuerit ab illa alia Ecclesia de qua provisus erit ad Ecclesiam Eliensem dictorum Monasteriorum Beneficiorum Ecclesiasticorum in Regno Galliae Ecclesiae Cathedralis in Regno Angliae possessionem pacificam cum fructuum perceptione ipsum Cardinalem assequi faciet Et haec omnia libere promitto quod Rex meus supradictus plenissime sine ulla prorsus exceptione ratificabit observabit exequetur in quorum fidem praesentes manu mea propria scripsi subscripsi sigilloque munivi Dat. Rom. die septimo Februarii M. D. XXXII XLIV Bonner's Letter about the proceedings at Rome An Original Rome April 29. 1532. PLeaseth it your Highness This is to advertise the same That sithen we William Benet Edward Karne and Edmond Bonner sent our Letters of the 7 th of this present to your Highness There hath been two Disputations publick the one the 13 th of this the other the 20 th day of the same according to the order given and assigned which was three Conclusions to be disputed every Consistory and what was spoken as well by your Highness's Counsel for the justification of the Conclusion purposed the said 13 th as also for the impugnation thereof by the Party adverse with Answers made thereunto by your Highness's said Counsel as fully as were any wise deduced your said Highness shall perceive by the Books sent herewithal containing the same and also the Justifications Objections and Answers made in the 6 th of this present according as I Edward Karne in my said Letters promised The Copies of all the which Justifications Objections and Answers after that they were fully noted and deduced in writing and maturely considered by your Highness's Learned Counsel I Edward Karne did bring to the Pope's Holiness and to the Cardinals for their better information and likewise did of the first alwise afore the Consistory according to the order assigned at the beginning looking in likewise that the Queen's Counsel should do this same but as yet they have done nothing therein tho your Ambassadors and I have called upon the Pope many times for the same And as concerning such things as were spoken and done for either part in the Disputation of the 20 th day it is not possible for us by reason of the shortness of time to reduce all in good order and to send the same to your Highness at this time nevertheless with all speed it shall be made ready and sent to your Highness by the next Courier After the Disputation done the said 13 th day of this present the Advocate of the Party adverse did alledg That we did seek this Disputation but only to defer the Process protesting therefore That the Queen's Counsel would dispute no more and desiring therefore the Pope's Holiness and the whole Consistory to make Process in the principal Cause Whereunto I Edward Karne said That the Pope's Holiness with the whole Senate had granted the Disputations upon the Matters and given an order that the Conclusions published should be disputed according to the same Whereupon I desired that forasmuch as there remained sixteen Conclusions not disputed which to propose and justify with your Highness's Counsel I would be ready at all times that if the Party adverse knowing the Conclusions to be Canonical would not confess them and thereby avoid Disputations that then the said Party should dispute them and upon the refusal of both the same the Matters excusatories to be admitted byhis Holiness especially because the said Party adverse hath nothing material that could be perceived to lett the same The Pope's Holiness answered That he would deliberate upon the
trigesimo quarto Regni vero Regis nostri Henrici Octavi vicesimo sexto Ego Frater Richardus Ingerth Prior Conventus Praedicator Langley Regis cum consensu omnium Fratrum Conventus praedicti non coactus sed sponte subscribo Ego Frater Edwardus Tryley Sacrae Theologiae Bacalaureus Conventus Ailsberiae cum assensu omnium Fratrum Conventus praedicti non coactus sed sponte subscribo Ego Frater Joannes Cotton Prior Conventus Praedicatorum Dunstabliae cum assensu omnium Fratrum Conventus praedicti non coactus sed sponte subscribo Ego Frater Joannes Wyatt Sacrae Theologiae Doctor Conventus Bed una cum assensu omnium Fratrum sponte hoc scribo non coactus Ego Frater Joannes Sutler Prior Conventus Carmelitarum Hicchiae cum Assensu omnium Fratrum Conventus praedicti non coactus sed sponte subscribo Ego Frater Joannes Chapmanus Sacrae Theologiae Bacalaureus Magister immerito Conventus Mare cum assensu omnium Fratrum mea sponte subscribo Another Declaration to the same purpose Mutatis Mutandis is made by the Prioress of Bedford in Kent of the Order of St. Dominick May 4. 1534. Regn. vicesimo sexto Rot. Clausa LI. A Mandate for the Consecration of a Suffagran Bishop Rot. Pat. 2. par 27 Regni REX Reverendissimo in Christo Patri perdilecto Consiliario nostro Thomae Cantuariensi Episcopo salutem Reverendus Pater dilectus Consiliarius noster Richardus Norvicensis Episcopus nobis significavit quod Diocesis sua Episcopi Suffraganei solatio qui suae sollicitudinis partem sustinere consuevit destituta est existit ideo reverendos Patres Gregorium Abbatem Monasterii Beatae Mariae de Leystone Thomam Mannynge Priorem Monasterii Beatae Mariae de Butley Norvicen Dioc. Ordine Sacerdotali rite insignitos legitimo Matrimonio natos in aetate legitima constitutos virosque in Spiritualibus Temporalibus multum circumspectos quibus de Canonicis nihil obviant instituta quo minus ut asserunt ad Episcopalem Suffraganei Dignitatem admitti possint deberent nobis per suas literas suo magno sigillo munitas praesentavit humiliter devote supplicans quatenus nos alterum ipsorum sic praesentatorum ad aliquam sedem Episcopi Suffraganei infra Provinciam Cantuariensem existentem nominare ipsique sic nominato stylum Titulum Dignitatem hujusmodi sedis donare dignaremur unde nos ex gratia nostra speciali mero motu nostris dictum Reverendum Patrem Thomam Manynnge Priorem Monasterii Beatae Mariae de Butley praedicti alterum ex dictis Praesentamus in Episcopum Suffraganeum Sedis Gips vici Norvicen Diocesantedictae nominamus eique Stilum Titulum Dignitatem ejusdem Sedis Episcopi Suffraganei damus conferimus Atque haec vobis tenore praesentamus significamus requirentes vos quatenus eundem Patrem sic per nos nominatum in Episcopum Suffraganeum ejusdem Sedis Gips vici consecretis eique Benedictionem ac omnia Episcopalia Insignia conferatis caeteraque omnia singula quae vestro in hac parte incumbunt officio pastorali juxta modum formam Statuti Parliamenti in vicesimo sexto Anno Regni nostri apud Westmonasterium nuper editi peragetis T. R. apud Westm. 6. die Martii 27. Regn. Ad Librum Tertium I. Instructions for the General Visitation of the Monasteries Articuli Regiae Inquisitionis in Monasticam vitam agentes exponendi praecipue in exemptos a jurisdictione Diocaesana jam tantum Regiae Majestati ejus jurisdictioni subditos subjectos ac hujus inclyti sui Regni Statutis legibus nullisque aliis penitus obnoxios astrictos 1. IN primis Whether Divine Service be solemnly sung said observed and kept in this Monastery according to the Number and the Abilities thereof by Night and by Day in due time and hours and how many be present commonly at Mattins and other Service and who be absent and so accustomed to be without cause or sickness 2. Item How many Monks Cannons Regulars or Nuns be within this Monastery and how many there ought to be and whether the number be compleat according to the Founder's Will or the Statutes Ordinances and laudable custom of this House and whether the number be augmented or diminished now of late 3. Item Who were the first Founders of this House Fundationem primam secundam tertiam quotquot habent exhibeant 4. Item Whether this House hath had any encrease of Lands given to it sithence the first Foundation thereof by whom by how many and when 5. Item To what Sum of Mony those Revenues and Rents of this House do extend and amount unto yearly 6. Item Whether this House was ever translated from on habit and order to another by whose Authority and for what Cause Translationem exhibeant 7. Item How the Lands and Possessions appertaining unto this Monastery given by the first Founder and all other Lands given sithence the first Foundation were granted given and established and so first brought to Morte main whether by the only Authority of the Giver or by the Authorization of the Prince for that time reigning and by what tenour and form ye hold them Donationem Confirmationem exhibeant 8. Item What evidence have you to shew for all and singular your Lands Manors Tenements and other your Possessions Mortisate and given unto you and this your Monastery 9. Item Wherefore for what Causes and Considerations ye were exempt from your Diocesan and what was your Suggestion and Motive at the obtaining of your said Exemption Exemptionem exhibeant 10. Item Whether ye have any private peculiar or local Statutes Confirmations Ordinances or Rules made only for the behoof good order and singular weal of this House besides the Rules of your Profession and whether they were made either by your Founders before your Exemption or by the good Fathers of this House with the whole consent of the Brethren being sinneth your exemption to what use they were made and how ye observe them Statuta illa localia alia quotquot habent exhibeant 11. Item By what way and form the Master of this House was elected and chosen And whether all the Brethren having or ought to have by the Law Statutes or laudable custom of this House Voices in the Election were present in the same Election or lawfully called or cited to it 12. Item Whether any Persons Excommunicate Suspended or Interdicted did give Voices in the same Election 13. Item Within what time after the Election was made and done the Master of this House was confirmed and by whom 14. Item Whether unto the Confirmation all that had Interest or that would object against the same were lawfully cited monished and called Exhibeat Electionem Confirmationem Titulum suae Incumbentiae 15. Item What Rule the Master of this House and other the Brethren do profess 16. Item How
many be Professed and how many be Novices and whether the Novices have like Habit or use to wear an Habit distinct from the Habit of the Brethren Professed 17. Item Whether ye do use to profess your Novices in due time and within what time and space after they have taken the Habit upon them 18. Item Whether the Brethren of this House do know the Rule that they have professed and whether they keep their Profession according to that their Rule and Custom of this House and in especial the three substantial and principal Vows that is to say Poverty Chastity and Obedience 19. Item Whether any of the Brethren use any propriety of Mony or of Plate in their Chambers or of any other manner thing unwarre of the Master and without his knowledg and license or by his sufferance and knowledg and for what cause 20. Item Whether ye do keep Chastity not using the company of any suspect Woman within this Monastery or without And whether the Master or any Brother of this House be suspected upon Incontinency or defamed for that he is much conversant with Women 21. Item Whether Women useth and resorteth much to this Monastry by back-ways or otherwise and whether they be accustomably or at any time lodged within the Precinct thereof 22. Item Whether the Master or any Brother of this House useth to have any Boys or young Men laying with him 23. Item Whether the Brethren of this House keep their Obedience being ready at their Master's Commandment in all things honest lawful and reasonable Sequuntur Regulae Caeremoniales 24. Item Whether ye do keep silence in the Church Cloister Fraitrie and Dormitorie at the hours and time specified in your Rule 25. Item Whether ye do keep Fasting and Abstinence according to your Rules Statutes Ordinances and laudable Customs of this House 26. Item Whether ye abstain from Flesh in time of Advent and other times declared and specified by the Law Rules and laudable Customs of this House 27. Item Whether ye wear Shirts and Sheets of Woollen or that ye have any Constitution Ordinance or Dispensation granted or made to the contrary by sufficient and lawful Authority Profitentes Regulam Benedicti quam arctissime tenentur ad praedicta Caeremonialia observanda 28. Item Whether ye do sleep altogethers in the Dormitorie under one Roof or not 29. Item Whether ye have all separate Beds or any one of you doth lay with an other 30. Item Whether ye do keep the Fraitry at Meals so that two parts or the least the two part of the whole Covent be always there unless the Master at every one time dispense with you to the contrary 31. Item Whether ye do wear your Religious habit continually and never leave it off but when ye go to bed 32. Item Whether every Brethren of this House have lightly departed hence and hath gone to any other House of like Order and Profession without special Letters and License of their Master 33. Item Whether the Master and Brethren of this House have received and admitted any Brother of another House without special License and Letters of his Master and Head 34. Item Whether any of you sithence the time of your Profession hath gone out of this House to his Friends or otherwise 35. Item How oftimes he did so and how long at every time ye â—arried forth 36. Item Whether ye had special license of your Master so to go forth or not 37. Item Whether at every time of your being forth ye changed or left off your habit or every part thereof 38. Item Whether ye or any of you be or hath been in manifest Apostasy that is to say Fugitives or Vagbonds 39. Item For what cause or occasion ye have so gone forth and been in Apostasy and whether the cause of your going forth was by reason of the great cruelty of your Master or by his negligence not calling you home to your Cloister 40. Item Whether ye be weekly shaven and do not nourish or suffer your Hair to be long and whether ye wear your Apparel according to the Rule not too excessive nor too exquisite and in like wise the trappo's of your Horses and other your bearing Beasts 41. Item Whether the Master and Head of this House do use his Brethren charitably without partiality malice envy grudg or displeasure more shewed to one than to another 42. Item Whether he do use his Disciplines Corrections and Punishments upon his Brethren with mercy pity and charity without cruelty rigorousness and enormous hurt no more favouring one than another 43. Item Whether any Brother or Religious Person of this House be incorrigible 44. Item Whether the Master of this House do use his Brethren charitably when they be sick and diseased and whether in time of their sickness he do procure unto them Physicians and all other necessaries 45. Item Whether he make his Accompts as he ought to do once every year before his Brethren and chiefly the Seniors and Officers to the intent they may be made privy to the state and condition of the House and know perfectly the due administration thereof 46. Item Whether the Prior Subprior Sellerar Kitchener Terrure Sacristen or any such-like Officer having Administration of every manner Revenues of this House do make his whole and true Accompt according as he is bound to do not applying any thing by him received to his own proper use or commodity 47. Item Whether any Religious Person of this House do bear occupy or exercise more Offices than one for and to his own singular commodity advantage or profit by the partial dealing of the Master 48. Item Whether all and singular the Revenues and Profits of this House be converted and employed to the behove and use thereof and of the Brethren and according to the Founder's mind and Giver 49. Item Whether the Master do make sufficient reparations upon his Monastery as the Church and all other housing thereto adjoined and also upon all other the Lands Granges Farms and Tenements belonging to the same and whether he suffer any dilapidation decay or ruine in any part of them 50. Item Whether there be any Inventory made of all and singular the Moveables Goods which from time to time have been and yet be in this House as of Jewels Reliques Ornaments Vestiments ready Mony Plate Bedding with other Utensils also of Corn Chattels and other Commodities to the intent the state and condition of this House may be always known 51. Item That ye express truly and sincerely the whole state and condition of this House as in Mony Plate Cattel Corn and other Goods 52. Item Whether this Monastery be indebted to whom and for what cause 53. Item Whether any of the Lands be sold or mortgaged and for what Sums 54. Item Whether any be lett to Farm by the Master of this House for term of years and for how many years and specially whether they be letten for small Sums or for less Sums
before God and Man not only to execute worthy punishment on me as an unlawful Wife but to follow your Affection already setled on that Party for whose sake I am now as I am whose Name I could some good while since have pointed unto your Grace being not ignorant of my suspicion therein But if you have already determined of me and that not only my Death but an infamous slander must bring you the enjoying of your desired happiness then I desire of God that he will pardon your great sin therein and likewise mine Enemies the Instruments thereof and that he will not call you to a strict account for your unprincely and cruel usage of me at his General Judgment-Seat where both you and my self must shortly appear and in whose Judgment I doubt not whatsoever the World may think of me mine Innocence shall be openly known and sufficiently cleared My last and only request shall be That my self may only bear the burthen of your Grace's displeasure and that it may not touch the innocent Souls of those poor Gentlemen who as I understand are likewise in strait Imprisonment for my sake If ever I have found favour in your sight if ever the Name of Ann Boleyn hath been pleasing in your ears then let me obtain this request and I will so leave to trouble your Grace any further with mine earnest Prayers to the Trinity to have your Grace in his good keeping and to direct you in all your Actions From my doleful Prison in the Tower this 6 th of May. Your most Loyal and ever Faithful Wife Ann Boleyn V. The Iudgment of the Convocation concerning General-Councils Published by the L. Herbert from the Original AS concerning General-Councils like-as we taught by long experience do perfectly know that there never was nor is any thing devised invented or instituted by our Fore-Fathers more expedient or more necessary for the establishment of our Faith for the extirpation of Heresies and the abolishing of Sects and Schisms and finally for the reducing of Christ's People unto one perfect unity and concord in his Religion than by the having of General-Councils So that the same be lawfully had and congregated in Spiritu Sancto and be also conform and agreeable as well concerning the surety and indifferency of the Places as all other Points requisite and necessary for the same unto that wholsome and godly Institution and usage for the which they were at first devised and used in the Primitive Church Even so on the other side taught by like experience we esteem repute and judg That there is ne can be any thing in the World more pestilent and pernicious to the Common-weal of Christendom or whereby the Truth of God's Word hath in times past or hereafter may be sooner defaced or subverted or whereof hath and may ensue more contention more discord and other devilish effects than when such General Councils have or shall be assembled not christianly nor charitably but for and upon private malice and ambition or other worldly and carnal Respects and Considerations according to the saying of Gregory Nazianzenus in his Epistle to one Procopius wherein he writeth this Sentence following Sic sentio si verum scribendum est omnes Conventus Episcoporum fugiendos esse quia nullius Synodi finem vidi bonum neque habentem magis solutionem malorum quam incrementum Nam cupiditates contentionum gloria sed ne putes me odiosum ista scribentem vincunt rationem That is to say I think this if I should write truly That all General Councils be to be eschewed for I never saw that they produced any good End or Effect nor that any Provision or Remedy but rather increase of Mischiefs proceeded of them For the desire of maintenance of Men's Opinions and ambition of Glory but reckon not that I write this of malice hath always in them overcomed reason Wherefore we think that Christian Princes especially and above all things ought and must with all their wills power and diligence foresee and provide Ne Sanctissima hac in parte majorum Instituta ad improbissimos ambitionis aut malitiae effectus explendos diversissimo suo fine sceleratissimo pervertantur Neve ad alium praetextum possint valere longe diversum effectum orbi producere quam Sanctissima rei facies praeâ—â—se ferat That is to say Least the most noble wholsome Institutions of our Elders in this behalf be perverted to a most contrary and most wicked end and effect that is to say to fulfil and satisfy the wicked affections of Men's Ambition and Malice or lest they might prevail for any other colour or bring forth any other effect than their most vertuous and laudable countenance doth outwardly to the World shew or pretend And first of all we think that they ought principally to consider who hath the Authority to call together a General Council Secondly Whether the Causes alledged be so weighty and so urgent that necessarily they require a General Council nor can otherwise be remedied Thirdly Who ought to be Judges in the General Council Fourthly What order of proceeding is to be observed in the same and how the Opinions or Judgments of the Fathers are to be consulted or asked Fifthly What Doctrines are to be allowed or defended with diverse other things which in General Councils ought of reason and equity to be observed And as unto the first Point We think that neither the Bishop of Rome nor any one Prince of what estate degree or preheminence soever he be may by his own Authority call indite or summon any General Council without the express consent assent and agreement of the residue of Christian Princes and especially such as have within their own Realms and Seigniories Imperium merum that is to say of such as have the whole intire and supream Government and Authority over all their Subjects without knowledging or recognizing of any other supream Power or Authority And this to be true we be induced to think by many and sundry as well Examples as great Reasons and Authority The which forasmuch as it should be over-long and tedious to express here particularly we have thought good to omit the same for this present And in witness that this is our plain and determinate Sentence Opinion and Judgment touching the Premisses we the Prelates and Clergy under-written being congregate together in the Convocation of the Province of Canterbury and representing the whole Clergy of the same here to these Presents subscribed our Names the 20 th of Iuly in the Year of our Lord 1536. 28. Hen. 8. Signed by Thomas Cromwel Thomas Cantuariensis Iohannes London with 13 Bishops and of Abbots Priors Arch-Deacons Deans Proctors Clerks and other Ministers 49. VI. Instructions for the King's Commissioners for a new survey and aâ— Inventory to be made of all the Demesnes Lands Goods and Chattels appertaining to any House of Religion of Monks Cannons and Nuns within their Commission according
in him did not only erect and advance the same Thomas unto the State of an Earl and enriched him with many-fold Gifts as well of Goods as of Lands and Offices but also him the said Thomas Cromwell Earl of Essex did erect and make one of your most trusty Counsellors as well concerning your Grace's Supream Jurisdictions Ecclesiastical as your most high secret Affairs Temporal Nevertheless your Majesty now of late hath found and tried by a large number of Witnesses being your faithful Subjects and Personages of great Honour Worship and Discretion the said Thomas Cromwell Earl of Essex contrary to the singular trust and confidence which your Majesty had in him to be the most false and corrupt Traitor Deceiver and Circumventor against your most Royal Person and the Imperial Crown of this your Realm that hath been known seen or heard of in all the time of your most noble Reign Insomuch that it is manifestly proved and declared by the Depositions of the Witnesses aforesaid That the same Thomas Cromwell Earl of Essex usurping upon your Kingly Estate Power Authority and Office without your Grace's Commandment or Assent hath taken upon him to set at liberty divers Persons being convicted and attainted of Misprision of High Treason and divers other being apprehended and in Prison for Suspection of High Treason and over that divers and many times at sundry places in this your Realm for manifold Sums of Mony to him given most traiterously hath taken upon him by several Writings to give and grant as well unto Aliens as to your Subjects a great number of Licenses for conveighing and carrying of Mony Corn Grain Beans Beer Leather Tallow Bells Mettals Horses and other Commodities of this your Realm contrary to your Highness's most Godly and Gracious Proclamations made for the Common-Wealth of your People of this your Realm in that behalf and in derogation of your Crown and Dignity And the same Thomas Cromwell elated and full of pride contrary to his most bounden Duty of his own Authority and Power not regarding your Majesty Royal And further taking upon him your Power Sovereign Lord in that behalf divers and many times most traiterously hath constituted deputed and assigned many singular Persons of your Subjects to be Commissioners in many your great urgent and weighty Causes and Affairs executed and done in this your Realm without the assent knowledg or consent of your Highness And further also being a Person of as poor and low degree as few be within this your Realm pretending to have so great a stroak about you our and his natural Sovereign Liege Lord that he letted not to say publickly and declare That he was sure of you which is detestable and to be abhorred amongst all good Subjects in any Christian Realm that any Subject should enterprize or take upon him so to speak of his Sovereign Liege Lord and King And also of his own Authority and Power without your Highness's consent hath made and granted as well to Strangers as to your own Subjects divers and many Pass-ports to pass over the Seas with Horses and great Sums of Mony without any search And over that most Gracious Soveraign Lord amongst divers other his Treasons Deceits and Falshoods the said Thomas Cromwell Earl of Essex being a detestable Heretick and being in himself utterly disposed to sett and sow common Sedition and Variance among your true and loving Subjects hath secretly set forth and dispersed into all Shires and other Territories of this your Realm and other your Dominions great numbers of false Erroneous Books whereof many were printed and made beyond the Seas and divers other within this Realm comprising and declaring amongst many other Evils and Errors manifest Matters to induce and lead your Subjects to diffidence and refusal of the true and sincere Faith and Belief which Christian Religion bindeth all Christian People to have in the most Holy and Blessed Sacrament of the Altar and other Articles of Christian Religion most graciously declared by your Majesty by Authority of Parliament And certain Matters comprised in some of the said Books hath caused to be translated into our maternal and English Tongue And upon report made unto him by the Translator thereof that the Matter so translated hath expresly been against the said most Blessed and Holy Sacrament Yet the same Thomas Cromwell Earl of Essex after he had read the same Translation most heretically hath affirmed the same material Heresie so translated to be good and further hath said that he found no fault therein and over that hath openly and obstinately holden Opinion and said That it was as lawful for every Christian Man to be a Minister of the said Sacrament as well as a Priest And where also your most Royal Majesty being a Prince of Vertue Learning and Justice of singular Confidence and Trust did constitute and make the same Thomas Cromwell Earl of Essex your Highness's Vicegerent within this your Realm of England and by the same gave unto him Authority and Power not only to redress and reform all and all manner of Errors and Erroneous Opinions insurging and growing among your loving and obedient Subjects of this your Realm and of the Dominions of the same but also to order and direct all Ecclesiastical and Spiritual Causes within your said Realm and Dominions the said Thomas Cromwell Earl of Essex not regarding his Duty to Almighty God and to your Highness under the Seal of your Vicegerent hath without your Grace's assent or knowledg licensed and authorized divers Persons detected and suspected of Heresies openly to teach and preach amongst your most loving and obedient Subjects within this your Realm of England And under the pretence and colour of the said great Authorities and Cures which your Majesty hath committed unto him in the Premisses hath not only of his corrupt and damnable Will and Mind actually at some time by his own Deed and Commandment and at many other times by his Letters expresly written to divers worshipful Persons being Sheriffs in sundry Shires of this your Realm falsly suggesting thereby your Grace's Pleasure so to have been caused to be set at large many false Hereticks some being there indicted and some other being thereof apprehended and in ward and commonly upon complaints made by credible Persons unto the said Thomas Cromwell Earl of Essex of great and most detestable Heresies committed and sprung in many places of this your Realm with declaration of the Specialities of the same Heresies and the Names of the Offenders therein the same Thomas Cromwel Earl of Essex by his crafty and subtil means and inventions hath not only defended the same Hereticks from Punishment and Reformation but being a fautor maintainer and supporter of Hereticks divers times hath terribly rebuked divers of the said credible Persons being their Accusers and some others of them hath persecuted and vexed by Imprisonment and otherwise So that thereby many of your Grace's true and loving Subjects have been in much
Iohannes Ab. de Bello Willielmus Ab. S. Petri Glocest. Richardus Ab. Winchelcombens Ioannes Ab. de Croyland Robertus Ab. de Thorney Robertus Ab. de Waltham Ioannes Ab. Cirencest Ioannes Ab. Teuxburen Thomas Prior Coventr Ioannes Ab. de Osney B Henricus Ab. de Anthonius Ab. de Eyntham Robertus Prior Elien Robertus Magister ordinis de Semper-ingham Richardus Ab. de Notley Hugo Prior de Huntingtoun Willielmus Ab. de Stratford Gabriel Ab. de Buckfestia Henricus Ab. de Wardenor Ioannes Prior de Merton Richardus Pr. de Walsingham B Thomas Ab. de Thomas Ab. de Stanley Richardus Ab. de Bytlesden Richardus Pr. de Lanthony Robertus Ab. de Thame B Ioannes Prior de Radulphus Prior de Kymme B Richardus Ab. de Robertus Ab. de Welhows Bartholamaus Pr. de Overhey Willielmus Pr. de Burgaveny Thomas Ab. de Abendon Inferior Domus C R. Gwent Archidiaconus London Breck Robertus Alridge Archid. Colecestr Thomas Bedyl Archid. Cornub. Richardus Street Archid. Derbiae David Pole Ar. Salop. Procurator Archid. Cleri Covent Lichfield Richardus Doke Archid. Sarum Edmundus Bonner Archid. Leycestriae Thomas Baghe Archid. Surr. Richardus Rawson Archid. Essex Edmundus Cranmer Archid. Cant. Polidorus Virgilius Archid. Wellen. Richardus Coren Archid. Oxon. Henricus Morgan Procurator cleri Lincoln Petrus Vannes Archid. Wygornen Georgius Hennage Decanus Lincoln Nilo Spencer Procurator Cleri Norwicen Guilielmus Knight Archid. Cestriae GamalielClyfton Decanus Hereford Proc. Capit. Ioannes London Decanus Wallingford Richardus Layton Archid. Bucks Hugo Coren Proâ— Cleri Hereford Richardus Sparaheford Proc. Cleri Hereford Mauritius Griffith Proc. Cleri Roffen Gulielmus Buckmastr Procurator Cleri London Richardus Shelton Mag. Colleg. de Melyngham Per me Willielmum Glyn. Archi. An-glessen Robertus Evans Decan Bangoren Walterus Cretying Ar. Bathonien Thomas Bagard Procurator Cleri Wygornen Ioannes Nase Proc. Cleri Bathon Wellen. Georgius Wyndham Archid Norwicen Nicolaus Metcalfe Archid. Roffen Gulielmus Hedge Procurator Cleri Norwicen Adam Traves Archid. Exon. Ricardus Woleman Dec. Wellen. Tho. Brerewood Archidiacan Har. Procur Capituli Cleri Exon. Georgius Carew Archid. Totten Proc. Capituli Cleri Exon. Thomas Bennet Psoc Cleri Capit Sarum Richardus Arch Proc. Cleri Capit Sarum Petrus Lighman Proc. Cleri Cant. Edmundus Stewart Proc. Cleri Winton Ioannes Rayne Proc. Cleri Lincoln Leonardus Samill Proc. Cleri Archid Lewen Simon Matthew Proc. Cleri London Linfrid Ogle Archid Salop. Gulielmus Maye Proc. Cleri Elien Rol. Philips Proc. Eccles. St. Pauli London Ioannes Bell Ar. Glocest. Ioannes Chambers Dec. St. Stephani Archid Bedford Nicolaus Wilson Some Observations on the former Subscriptions A The Abbots of Glossenbury and Reading Subscribe with the rest by which it appears that they complyed in the changes that were made as readily as others did B The Abbots writ generally so ill that it is very hard to read their Subscriptions Some of them I could by no means know what to make of C There are of 50 of the lower house of Convocation of those there are 25 Archdeacons 4 Deans of Cathedrals 3 Deans of Collegial Churches 17 Procurators for the Clergy and one Master of a Colledge II. Some Queries put by Cranmer in Order to the Correcting of several Abuses FIrst What causes reasons or considerations hath or might move any man to desire to have the Bishop of Rome restored in any point to his pretended Monarchy or to repugn against the Laws and Statutes of this Realm made for the setting forth of the Kings Title of Supream Head Item Whether a man offending-deadly after he is Baptized may obtain remission of his Sins by any other way than by Contrition through grace Item If the Clergy know that the common sort of men have them in a higher estimation because they are perswaded that it lyeth in the will and Power of Priests to remit or not remit sins at their pleasure whether in such case the said Clergy offend if they wink at this and voluntarily suffer the people to continue in this Opinion Item Whether a sinner being sorry and contrite for his sins and forthwith dying shall have as high a place in Heaven as if he had never offended Item Whether any and what difference may be Assigned betwixt two men whereof the one being very sorry and contrite for his sins dieth without Absolution of the Priest and the other which being contrite is also absolved by the Priest and so dieth Item If it may appear that the common people have a greater affiance or trust in outward Rites or Ceremonies than they ought to have and that they esteem more vertue in Images and adorning of them kissing their feet or offering Candles unto them than they should esteem and that yet the Curates knowing the same and fearing the loss of their offerings and such other temporal commodities do rather encourage the people to continue after this sort than teach them the truth in the premisses according to Scripture what the Kings Highness and his Parliament may do and what they are bound in conscience to do in such case Item Whether now in time of the new Law the Tithes or tenth be due to Curates by the Laws of God or of man and if the same be due by the Laws of man what mans Laws they be Item Whether the Clergy only and none but they ought to have voices in general Councils Item Whether the 19th Canon in the Council of Calcedon wherein is contained that one Clerk may not sue an other before any secular Judge but only before his Bishop and such other Canons of like effect have been generally received or not and whether the same be contrary to the Kings Prerogative and Laws of this Realm and whether it be expedient that it were declared by the Parliament that the said Canons being at no time received especially within this Realm be void and of none effect Item Of the 24th Canon of the said Council wherein is contained that Monasteries once consecrate by the Bishop may not after be made dwelling houses for Say-men whether that Canon have been received and observed and whether the same be against the Power of the King and Authority of his Parliament Item If it may appear that the Bishops have not ne yet do maturely examine and diligently inquire of the Conversation and Learning of such as be ordered or admitted to Cures by them but rather without examination or inquisition indistinctly admit persons unable whereof ensueth great peril of Souls and innumerable inconveniences otherways what the Kings Highness or his Parliament ought to do or may do for reformation in the premisses Item If such as have Deanries Arch-Deaconries Chanterships and other Offices or promotions of the Clergy use not themselves in their own persons after such sort as the primary institution of these Offices or Promotions require and according to the Wills of them that endowed the same what the King and his Parliament may do