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
If full Forty days be necessary for a Summons then the Writs must have been issued forth the day before the late Queens disgrace so that it was designed before the Justs at Greenwich and did not flow from any thing that then appeared When the Parliament met the Lord Chancellor Audley in his speech told them That when the former Parliament was dissolved the King had no thoughts of Summoning a new one so soon But for two reasons he had now called them The one was that he finding himself subject to so many infirmities and considering that he was Mortal a rare thought in a Prince he desired to settle an apparent heir to the Crown in case he should die without Children lawfully begotten The other was to repeal an Act of the former Parliament concerning the Succession of the Crown to the issue of the King by Queen Anne Boleyn He desired them to reflect on the great troubles and vexation the King was involved in by his first unlawful Marriage and the dangers he was in by his second which might well have frighted any body from a third Marriage But Anne and her Conspirators being put to death as they well deserved the King at the humble request of the Nobility and not out of any Carnal concupiscence was pleased to Marry again a Queen by whom there were very probable hopes of his having children Therefore he recommended to them to provide an heir to the Crown by the Kings direction who if the King dyed without children lawfully begotten might Rule over them He desired they would pray God earnestly that he would grant the King issue of his own body and return thanks to Almighty God that preserved such a King to them out of so many eminent dangers who imployed all his care and endeavours that he might keep his whole people in quiet peace and perfect charity and leave them so to those that should succeed him But though this was the chief cause of calling the Parliament it seems the Ministers met with great difficulties and therefore spent much time in preparing mens minds For the Bill about the Succession to the Crown was not brought into the House of Lords before the 30th day of Iune that the Lord Chancellor offered it to the House It went through both Houses without any Opposition It contained first a repeal of the former Act of Succession and a Confirmation of the two Sentences of Divorce the issue of both the Kings former Marriages being declared illegitimate and for ever excluded from claiming the inheritance of the Crown as the Kings Lawful heirs by lineal descent The Attainder of Queen Anne and her Complices is confirmed Quen Anne is said to have been inflamed with pride and Carnal desires of her body and having confederated her self with her complices to have committed divers Treasons to the danger of the Kings Royal person with other aggravating words for which she had justly suffered death and is now attainted by Act of Parliament And all things that had been said or done against her or her Daughter being contrary to an Act of Parliament then in force are pardoned and the inheritance of the Crown is established on the issue of Queen Iane whether Male or Female or the Kings issue by any other Wife whom he might Marry afterwards But since it was not fit to declare to whom the Succession of the Crown belonged after the Kings death lest the person so designed might be thereby enabled to raise trouble and Commotions therefore they considering the Kings wise and excellent Government and confiding in the love and affection which he bore to his Subjects did give him full Power to declare the Succession to the Crown either by his Letters Patents under the great Seal or by his last will Signed with his hand and promised all faithful obedience to the persons named by him And if any so designed to succeed in default of others should endeavor to usurp upon those before them or to exclude them they are declared Traytors and were to forfeit all the Right they might thereafter claim to the Crown And if any should maintain the Lawfulness of the former Marriages or that the issue by them was legitimate or refused to swear to the Kings issue by Queen Iane they were also declared Traytors By this Act it may appear how absolutely this King Reigned in England Many question'd much the validity of it and as shall afterwards appear the Scots said that the Succession to the Crown was not within the Parliaments Power to determine aboutit but must go by inheritance to their King in default of issue by this King Yet by this the King was enabled to settle the Crown on his Children whom he had now declared Illegitimate by which he brought them more absolutely to depend upon himself He neither made them desperate nor gave them any further Right than what they were to derive purely from his own good pleasure This did also much pacifie the Emperor since his Kinswoman was though not restored in blood yet put in a capacity to succeed to the Crown At this time there came a new Proposition from Rome to try if the King would accommodate matters with the Pope Pope Clement the Seventh dyed two years before this in the year 1534. and Cardinal Farnese succeeded him called Pope Paul the Third He had before this made one unsuccessful attempt upon the King but upon the beheading of the Bishop and declared Cardinal of Rochester he had Thundered a most terrible Sentence of Deposition against the King and designed to commit the Execution of it to the Emperor Yet now when Queen Katharine and Queen Anne who were the occasions of the Rupture were both out of the way he thought it was a proper conjuncture to try if a Reconciliation could be effected This he proposed to Sir Gregory Cassali who was no more the Kings Ambassador at Rome but was still his Correspondent there The Pope desired he would move the King in it and let him know that he had ever favoured his Cause in the former Popes time and though he was forced to give out a Sentence against him yet he had never any intention to proceed upon it to further Extremities But the King was now so entirely alienated from the Court of Rome that to cut off all hopes of reconciliation he procured two Acts to be passed in this Parliament The one was for the utter extinguishing the Authority of the Bishop of Rome It was brought into the House of Lords on the 4th of Iuly And was read the first time the 5th and the second time on the 6th of Iuly and lay at the Committee till the 12th And on the 14th it was sent down to the Commons who if there be no mistake in the Journal sent it up that same day They certainly made great haste for the Parliament was dissolved within Four days The Preamble of this first Act contains severe Reflections on
Papa placari ac Regis zelum ad Sedem Apostolicam totiusque Regni devotionem in hac parte habere posset materiam commendandi Et addidit ultra hujusmodi Requisitionem Exhortationem praefatus Reverendissimus Pater Archiepiscopus Cantuariensis ex corde ut apparuit exposuit lacrymando pericula per censurarum viz. Ecclesiasticarum etiam Interdicti fulminationem alias tam Regi quam Regno quod absit verisimiliter eventura alia in casu quo responsio Parliamenti illius in materia tunc declarata grata non foret Domino Papae accepta sic dicendo Forte videtur quibusdam vestrum quod haec quae Regni Praelatos potissime concernunt ex corde non profero Sciatis pro certo in fide qua Deo teneor Ecclesiae affirmo coram vobis quod magis mihi foret acceptum nunquam conferre aut etiam habere aliquod beneficium Ecclesiasticum quam aliqua talia pericula seu processus meo tempore in Ecclesiae Anglicanae Scandalum venirent Ulterius idem Reverendissimus Pater expresse declaravit qualiter dictus Dominus noster Papa in diversis Bullis suis obtulit promisit se Sedem Apostolicam ad quascunque causas occasiones editionis Statuti praedicti rationabile remedium apponere materias causarum occasionum hujusmodi Statuti in toto tollere abolere sic Requisitione Exhortatione periculorum hujusmodi expositione finitis Reverendissimi Patres Cantuar. Eborac Archiepiscopi cum confratribus suis Episcopis Praelatis praedictis recesserunt Regni Communitate seu saltem dictis viris Communitatem Regni repraesentantibus remanentibus circa materiam eis expositam tractantibus praesentibus Declarationem Requisitionem Exhortationem hujusmodique periculorum expositionem per dictum Dominum Archiepiscopum Cantuariensem ut praemittitur factas audientibus venerabilibus viris Richardo Coudray Archidiacono Norwici in Ecclesia Norwicensi Magistro Joanne Forster Canonico Lincolnensi c. Johanne Boold Notario Publico multis aliis Act. 33. Anno Regni vicesimo tertio XLI An Act concerning Restraint of payment of Annates to the See of Rome FOrasmuch as it is well perceived by long approved experience that great and inestimable Sums of Mony have been daily conveyed out of this Realm to the impoverishment of the same and specially such sums of Mony as the Pope's Holiness his Predecessors and the Court of Rome by long time have heretofore taken of all and singular those Spiritual Persons which have been named elected presented or postulated to be Arch-Bishops or Bishops within this Realm of England under the Title of Annates otherwise called First-Fruits Which Annates or First-Fruits have been taken of every Arch-Bishoprick or Bishoprick within this Realm by restraint of the Pope's Bulls for Confirmations Elections Admissions Postulations Provisions Collations Dispositions Institutions Installations Investitures Orders Holy Benedictions Palles or other things requisite and necessary to the attaining of those their Promotions and have been compelled to pay before they could attain the same great Sums of Mony before they might receive any part of the Fruits of the said Arch-Bishoprick or Bishoprick whereunto they were named elected presented or postulated by occasion whereof not only the Treasure of this Realm hath been greatly conveighed out of the same but also it hath hapned many times by occasion of death unto such Arch-Bishops and Bishops so newly promoted within two or three years after his or their Consecration that his or their Friends by whom he or they have been holpen to advance and make paiment of the said Annates or First-Fruits have been thereby utterly undone and impoverished And for because the said Annates have risen grown and encreased by an uncharitable Custom grounded upon no just or good title and the paiments thereof obtained by restraint of Bulls until the same Annates or First-Fruits have been paied or Surety made for the same which declareth the said Paiments to be exacted and taken by constraint against all equity and justice The Noble Men therefore of the Realm and the Wise Sage Politick Commons of the same assembled in this present Parliament considering that the Court of Rome ceaseth not to tax take and exact the said great Sums of Mony under the Title of Annates or First-Fruits as is aforesaid to the great damage of the said Prelates and this Realm Which Annates or First-Fruits were first suffered to be taken within the same Realm for the only defence of Christian People against the Infidels and now they be claimed and demanded as mere duty only for lucre against all right and conscience Insomuch that it is evidently known that there hath passed out of this Realm unto the Court of Rome sithen the second year of the Reign of the most Noble Prince of famous memory King Henry the Seventh unto this present time under the name of Annates or First-Fruits payed for the expedition of Bulls of Arch-Bishopricks and Bishopricks the sum of eight hundred thousand Ducats amounting in Sterling Mony at the least to eightscore thousand pounds besides other great and intolerable Sums which have yearly been conveighed to the said Court of Rome by many other ways and means to the great impoverishment of this Realm And albeit that our said Sovereign the King and all his natural Subjects as well Spiritual as Temporal been as obedient devout Catholick and humble Children of God and Holy Church as any People be within any Realm christned yet the said exactions of Annates or First-Fruits be so intolerable and importable to this Realm that it is considered and declared by the whole Body of this Realm now represented by all the Estates of the same assembled in this present Parliament that the King's Highness before Almighty God is bound as by the duty of a good Christian Prince for the conservation and preservation of the good Estate and Common-Wealth of this his Realm to do all that in him is to obviate repress and redress the said abusions and exactions of Annates or First-Fruits And because that divers Prelates of this Realm being now in extream Age and in other debilities of their Bodies so that of likelyhood bodily death in short time shall or may succeed unto them by reason whereof great sums of Mony shall shortly after their deaths be conveighed unto the Court of Rome for the unreasonable and uncharitable Causes abovesaid to the universal damage prejudice and impoverishment of this Realm if speedy remedy be not in due time provided It is therefore ordained established and enacted by Authority of this present Parliament That the unlawful paiment of Annates or First-Fruits and all manner Contributions for the same for any Arch-Bishoprick or Bishoprick or for any Bulls hereafter to be obtained from the Court of Rome to or for the foresaid purpose and intent shall from henceforth utterly cease and no such hereafter to be payed for any Arch-Bishoprick or Bishoprick
laid the Murder on the Officers that had the charge of that Prison and by other proofs they found the Bishops Sumner and the Bell-ringer guilty of it and by the deposition of the Sumner himself it did appear that the Chancellour and he and the Bell-ringer did Murder him and then hang him up But as the Inquest proceeded in this Trial the Bishop began a new Process against the dead body of Richard Hunne for other points of Heresie and several Articles were gathered out of Wickliff's Preface to the Bible with which he was charged And his having the Book in his Possession being taken for good evidence he was judged an Heretick and his body delivered to the Secular Power When judgment was given the Bishops of Duresme and Lincoln with many Doctors both of Divinity and the Canon-Law sate with the Bishop of London so that it was lookt on as an Act of the whole Clergy and done by common consent On the 20th of December his body was burnt at Smithfield But this produced an effect very different from what was expected for it was hoped that he being found an Heretick no body should appear for him any more whereas on the contrary it occasioned a great out-cry the man having lived in very good reputation among his Neighbours so that after that day the City of London was never well affected to the Popish Clergy but inclined to follow any body who spoke against them and every one lookt on it as a Cause of common concern All exclaimed against the Cruelty of their Clergy that for a mans suing a Clerke according to law he should be long and hardly used in a severe imprisonment and at last cruelly murdered and all this laid on himself to defame him and ruin his family And then to burn that body which they had so handled was thought such a complication of Cruelties as few Barbarians had ever been guilty of The Bishop finding that the Inquest went on and the whole matter was discovered used all possible endeavours to stop their proceedings and they were often brought before the Kings Council where it was pretended that all proceeded from Malice and Heresie The Cardinal laboured to procure an order to forbid their going any further but the thing was both so foul and so evident that it could not be done and that opposition made it more generally believed In the Parliament there was a Bill sent up to the Lords by the Commons for restoring Hunne's Children which was passed and had the Royal assent to it but another Bill being brought in about this Murther it occasioned great heats among them The Bishop of London said that Hunne had hanged himself that the Inquest were false perjured Caitiffs and if they proceeded further he could not keep his house for Hereticks so that the Bill which was sent up by the Commons was but once read in the House of Lords for the power of the Clergy was great there But the Trial went on and both the Bishops Chancellour and the Summer were endicted as Principals in the Murder The Convocation that was then sitting finding so great a stir made and that all their liberties were now struck at resolved to call Doctor Standish to an Account for what he had said and argued in that matter so he being summoned before them some Articles were objected to him by word of mouth concerning the judging of Clerks in Civil Courts and the day following they being put in writing the Bill was delivered to him and a day assigned for him to make answer The Doctor perceiving their intention and judging it would go hard with him if he were tryed before them went and claimed the Kings Protection from this trouble that he was now brought in for discharging his duty as the Kings Spiritual Counsel But the Clergy made their excuse to the King that they were not to question him for any thing he had said as the Kings Counsel but for some Lectures he read at St Pauls and elswhere contrary to the Law of God and Liberties of the holy Church which they were bound to maintain and desired the Kings Assistance according to his Coronation Oath and as he would not incur the Censures of the holy Church On the other hand the Temporal Lords and Judges with the concurrence of the House of Commons addressed to the King to maintain the Temporal Jurisdiction according to his Coronation Oath and to protect Standish from the Malice of his enemies This put the King in great perplexity for he had no mind to lose any part of his Temporal Jurisdiction and on the other hand was no less apprehensive of the dangerous effects that might follow on a breach with the Clergy So he called for Doctor Veysey then Dean of his Chappel and afterwards Bishop of Exeter and charged him upon his Allegiance to declare the truth to him in that matter which after some study he did and said upon his Faith Conscience and Allegiance he did think that the convening of Clerks before the secular Judg which had been always practised in England might well consist with the Law of God and the true Liberties of the holy Church This gave the King great satisfaction so he commanded all the Judges and his Council both Spiritual and Temporal and some of both Houses to meet at Black-Friers and to hear the matter argued The Bill against Doctor Standish was read which consisted of Six Articles that were objected to him First That he had said that the lower Orders were not sacred Secondly That the Exemption of Clerks was not founded on a divine Right Thirdly That the Laity might coerce Clerks when the Prelates did not their duty Fourthly That no positive Ecclesiastical Law binds any but those who receive it Fifthly That the Study of the Canon-Law was needless Sixthly That of the whole Volume of the Decretum so much as a man could hold in his fist and no more did oblige Christians To these Doctor Standish answered that for those things exprest in the Third the Fifth and the Sixth Articles he had never taught them as for his asserting them at any time in discourse as he did not remember it so he did not much care whether he had done it or not To the First he said Lesser Orders in one sense are sacred and in another they are not sacred For the Second and Fourth he confessed he had taught them and was ready to justifie them It was objected by the Clergy that as by the Law of God no man could judge his Father it being contrary to that Commandment Honour thy Father So Church-men being Spiritual Fathers they could not be judged by the Laity who were their Children To which he answered that as that only concluded in favour of Priests those in Inferiour Orders not being Fathers so it was a mistake to say a Judge might not sit upon his Natural Father for the Judge was by another Relation above his Natural Father and though
lately there had been one granted by Pope Alexander the 6th to the King of Hungary against the Opinion of his Cardinals which had never been questioned and yet he could not pretend to such Merits as the King had And all that had ever been said in the Kings Cause was Sum'd up in a short Breviate by Cassali and offered to the Pope a Copy whereof taken from an Original under his own hand the Reader will find in the Collection The King ordered his Ambassadors to make as many Cardinals sure for his cause as they could who might bring the Pope to consent to it if he were still averse But the Pope was at this time possessed with a new jealousie of which the French King was not free as if the King had been tampering with the Emperor and had made him great offers so he would consent to the Divorce about which Francis wrote an anxious Letter to Rome the Original of which I have seen The Pope was also surprized at it and questioned the Ambassadors about it but they denyed it and said the union between England and France was inseparable and that these were only the Practices of the Emperors Agents to create distrust The Pope seemed satisfied with what they said and added that in the present conjuncture a firm union between them was necessary Of all this Sir Francis Brian wrote a long account in cipher But the Popes relapse put a new stop to business of which the Cardinal being informed as he ordered the Kings Agents to continue their care about his Promotion so he charged them to see if it were possible to get Access to the Pope and though he were in the very Agony of Death to propose two things to him the one that he would presently command all the Princes of Christendom to agree to a Cessation of Arms under pain of the Censures of the Church as Pope Leo and other Popes had done and if he should die he could not do a thing that would be more meritorious and for the good of his Soul than to make that the last Act of his Life The other thing was concerning the Kings business which he presseth as a thing necessary to be done for the clearing and eâ—se of the Popes Conscience towards God And withal he orders them to gain as many about the Pope and as many Cardinals and Officers in the Rota as they could to promote the Kings desires whether in the Popes sickness or health The Bishop of Verona had a great Interest with the Pope so by that and another Dispatch of the same Date sent another way they were ordered to gain him promising him great Rewards pressing him to remain still about the Popes person to ballance the ill Offices which Cardinal Angell and the Arch-Bishop of Capua did who never stirred from the Pope And to assure that Bishop that the King laid this Matter more to heart than any thing that ever befel him and that it would trouble him as much to be overcome in this Matter by these two Friers as to loose both his Crowns and for my part writes the Cardinal I would expose any thing to my life yea life it self rather than see the Inconveniencies that may ensue upon disappointing of the Kings desire For promoting the Business the French King sent the Bishop of Bayon to assist the English Ambassadors in his name who was first sent over to England to be well Instructed there They were either to procure a Decretal for the Kings Divorce or a new Commission to the two Legates with ampler Clauses in it than the former had to judge as if the Pope were in person and to emit compulsorie Letters against any whether Emperor King or of what degree soever to produce all manner of Evidences or Records which might tend towards the clearing the Matter and to bring them before them This was sought because the Emperor would not send over the pretended Original Breve to England and gave only an Attested Copy of it to the Kings Ambassadors least therefore from that Breve a new Suit might be afterwards raised for Annulling any Sentence which the Legates should give they thought it needful to have the Original brought before them In the penning of that new Commission Dr. Gardiner was ordered to have special care that it should be done by the best advice he could get in Rome It appears also from this Dispatch that the Popes Pollicitation to Confirm the Sentence which the Legates should give was then in Gardiner's hands for he was ordered to take care that there might be no disagreement between the date of it and of the new Commission And when that was obtained Sr. Francis Brian was commanded to bring them with him to England Or if neither a Decretal nor a new Commission could be obtained then if any other expedient were proposed that upon good advice should be found sufficient and effectual they were to accept of it and send it away with all possible diligence And the Cardinal conjured them by the Reverence of Almighty God to bring them out of their Perplexity that this Virtuous Prince may have this thing sped which would be the most joyous thing that could befal his heart upon Earth But if all things should be denyed then they were to make their Protestations not only to the Pope but to the Cardinals of the Injustice that was done the King and in the Cardinals name to let them know that not only the King and his Realm would be lost but also the French King and his Realm with their other Confederates would also withdraw their Obedience from the See of Rome which was more to be regarded than either the Emperors Displeasure or the Recovery of two Cities They were also to try what might be done in Law by the Cardinals in a Vacancy and they were to take good Counsel upon some Chapters of the Canon-Law which related to that and Govern themselves accordingly either to hinder an Avocation or Inhibition or if it could be done to obtain such thing as they could grant towards the Conclusion of the Kings Business At this time also the Cardinals Bulls for the Bishoprick of Winchester were expedited they were rated high at 15000 Ducats for though the Cardinal pleaded his great Merits to bring the composition lower yet the Cardinals at Rome said the Apostolick Chamber was very poor and other Bulls were then coming from France to which the favour they should show the Cardinal would be a Precedent But the Cardinal sent word that he would not give past 5 or 6000 Ducats because he was exchanging Winchester for Duresm and by the other they were to get a great Composition And if they held his Bulls so high he would not have them for he needed them not since he enjoyed already by the Kings Grant the Temporalities of Winchester which it is very likely was all that he considered in a Bishoprick They were
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
in case the Cause should be known here where he should have the King's Highness on one part and the Emperor on the other side daily calling upon his Holiness To this his Holiness most heavily and with tears answered and said That now he saw the destruction of Christendom and lamented that his fortune was such to live to this day and not to be able to remedy it saying these words For God is my Judg I would do as gladly for the King as I would for my self and to that I knowledg my self most bounden but in this case I cannot satisfy his desire but that I should do manifestly against Justice to the charge of my Conscience to my rebuke and to the dishonour of the See Apostolick affirming that his Counsel shews him that seeing the Caesareans have a Mandate or Proxie of the Queen to ask the Avocations in her Name he cannot of Justice deny it and the whole Signature be in that same opinion so that though he would most gladly do that thing that might be to the King's pleasure yet he cannot do it seeing that Signature would be against him whensoever the Supplication should be up there And so being late we took our leave of his Holiness and departed seeing that we could obtain nothing of the Pope for stopping the Avocation we consulted and devised for the deferring of it till such time as your Grace might make an end in the Cause there And so concluded upon a new Device which at length we have written in our common Letter wherein I promise your Grace Mr. Gregory has used great diligence and taken great labours at this time we can do no more for our lives And if your Grace saw the importune labour of the Ambassadors of the Emperor's and Ferdinandoes you would marvel I promise your Grace they never cease wherefore in staying hitherto as we have done it is marvel as God knoweth whom I pray to preserve your Grace in health and prosperity ad multos annos I beseech your Grace most humbly to commend me to the King's Highness and likewise I beseech your Grace to pardon my ill writing At Rome the 9 th day of Iuly Your daily Beadman and Servant W. Benet XXX A Letter of the Pope's to the Cardinal concerning the Avocation An Original 19 Iulii 1529. DIlecte Fili noster salutem Apostolicam Benedictionem Difficile est nobis explicare literis qua nostra molestia seu potius dolore fuerimus coacti ad Avocationem Causae istic commissae concedendam nam etsi res ita fuit justa ut tanto tempore differri non debuerit tamen nos qui isti Serenissimo Regi pro ejus singularibus erga nos Apostolicam sedem meritis placere in omnibus cupimus sicut consuevimus aegre nunc adducti sumus ut quamquam justitia cogente quicquid contra ejus voluntatem concederemus Nec vero minus Fili doluimus tua causa cui rem hanc tantae curae esse perspeximus quantum tua erga dictum Regem fides amor postulat sed tamen quod datur justitiae minus esse molestum debet cum praesertim id fuerit tam dilatum a nobis omniaque antea pertentata ne ad hoc descenderemus Itaque optamus in hoc adhiberi a te illam tuam singularem prudentiam aequitatem persuadereque te tibi id quod est nos qui semper vobis placere quantum nobis licuit studuimus id quod vestro maximo merito fecimus semper facturi sumus nunc non nisi invitos justitia coactos quod fecimus fecisse Teque omni studio amore hortamur ut dictum regem in solita erga nos benevolentia retinere velis eique persuadere nihil ex hoc apud nos de benevolentia erga se veteri imminutum unquam fore quod recipiemus a Circumspectione tua longe gratissimum Quemadmodum plenius dilectus Filius noster Cardinalis Campegius haec circumspectioni tuae explicabit Dat. Romae apud Sanctum Petrum sub annulo Piscatoris die 19 Julii 1529. Pont. nostri anno sexto Blosius Act 26. Anno Regni 21. Henr. 8. XXXI An Act for the releasing unto the King his Highness of suck Sums of Mony as was to be required of him by any his Subjects for any Manner of Loan by his Letters Missives or other ways or manner whatsoever ITem quaedam alia billa formam cujusdam actus in se continens exhibita est praefato Domino Regi in Parliamento praedicto cujus quidem billae tenor sequiturin haec verba The King 's humble faithful and loving Subjects the Lords Spiritual and Temporal and Commons in this present Parliament assembled considering and calling to their remembrances the inestimable Costs Charges and Expences which the King's Highness necessarily hath been compelled to support and sustain since his assumption to his Crown Estate and Dignity Royal as well first for the extinction of a right dangerous and damnable Schism sprung and risen in the Church which by the providence of the Almighty God and the high prudence and provision and assistance of the King's Highness was to the great honour laud and glory of his Majesty repressed the Enemies then being of the Church reformed returned and restored to the unity of the same and peace over all componed and concluded as also for the modifying of the insatiable and inordinate ambition of those which do aspire unto the Monarchy of Christendom did put universal trouble divisions in the same intending if they might not only to have subdued this Realm but also all the rest unto their Power and Subjection For the resistance whereof the King's Highness was compelled after the Universal Peace by the great study labour and travel of his Grace conduced and the same by some of the Contrahents newly violate and infringed in shewing the form of the Treaties thereupon made again and take Armour And over and besides the notable and excessive treasure and substance which his Highness in his first Wars had emploied for the defence of the Church the Faith Catholick and this his Realm and of the People and Subjects of the same was eft-soons brought of necessity to new excellent and marvellous Charges both for the supportation of sundry Armies by Sea and by Land and also for divers and manifold Contributions outward to serve keep and contain his own Subjects at home in rest and repose which hath been so politickly handled and conduced that when the most part of all religious Christians have been infested with cruel Wars Discords Divisions and Dissensions the great Heads and Princes of the World brought unto Captivity Cities Towns and Places by force and sedition taken spoiled burnt and sacked Men Women and Children found in the same slain and destroyed Virgins Wives Widows and Religious Women ravished and defloured Holy Churches and Temples polluted and turned unto prophane use the Reliques of the Holy Saints irreverently treated Hunger
years together for before two years elapsed there was a War proclaimed against France and when overtures were made for a Peace it appears by the Treaty-Rolls that the Earl of Worcester was sent over Ambassador And when the Kings sister was sent over to Lewis the French King though Sir Thomas Boleyn went over with her he was not then so much considered as to be made an Ambassador For in the Commission that was given to many persons of Quality to deliver her to her Husband King Lewis the 12 Sir Thomas Boleyn is not named The persons in the Commission are the Duke of Norfolk the Marquess of Dorchester the Bishop of Duresm the Earls of Surrey and Worcester the Prior of St. Iohns and Doctor West Dean of Windsor A year after that Sir Thomas Boleyn was made Ambassador but then it was too late for Anne Boleyn to be yet unborn much less could it be as Sanders says that she was born two years after it But the Learned Camden whose Study and Profession led him to a more particular knowledg of these things gives us another account of her birth He says that she was born in the year 1507. which was two years before the King came to the Crown And if it be suggested that then the Prince to enjoy her Mother prevailed with his Father to send her Husband beyond Sea that must be done when the Prince himself was not 14 years of Age so they must make him to have corrupted other mens wives at that Age when yet they will not allow his Brother no not when he was 2 years older to have known his own wife But now I leave this foul Fiction and go to deliver certain Truths· Anne Boleyn's Mother was Daughter to the Duke of Norfolk and Sister to the Duke that was at the time of the Divorce Lord Treasurer Her Fathers Mother was one of the Daughters and heirs to the Earl of Wiltshire and Ormond and her great Grand-Father Sir Geofry Boleyn who had been Lord Major of London Married one of the Daughters and Heirs of the Lord Hastings and their Family as they had mixed with so much great Blood so had Married their Daughters to very Noble Families She being but seven years old was carried over to France with the Kings Sister which shews she could have none of those deformities in her person since such are not brought into the Courts and Families of Queens And though upon the French Kings Death the Queen Dowager came soon back to England yet she was so liked in the French Court that the next King Francis his Queen kept her about her self for some years and after her death the Kings Sister the Dutchess of Alenson kept her in her Court all the while she was in France which as it shews there was somewhat extraordinary in her person so those Princesses being much celebrated for their vertues it is not to be imagined that any person so notoriously defamed as Sanders would represent her was entertained in their Courts When she came into England is not so clear it is said that in the year 1522. when War was made on France her Father who was then Ambassador was recalled and brought her over with him which is not improbable but if she came then she did not stay long in England for Camden says that she served Queen Claudia of France till her death which was in Iuly 1524 and after that she was taken into service by K Francis his Sister How long she continued in that service I do not find but it is probable that she returned out of France with her Father from his Embassy in the year 1527. when as Stow says he brought with him the Picture of her Mistress who was offered in Marriage to this King If she came out of France before as those Authors before-mentioned say it appears that the King had no design upon her then because he suffered her to return and when one Mistress died to take another in France but if she stayed there all this while then it is probable he had not seen her till now at last when she came out of the Princess of Alenson's service but whensoever it was that she came to the Court of England it is certain that she was much considered in it And though the Queen who had taken her to be one of her Maids of Honour had afterwards just cause to be displeased with her as her Rival yet she carried her self so that in the whole Progress of the Sute I never find the Queen her self or any of her Agents fix the least ill Character on her which would most certainly have been done had there been any just cause or good colour for it And so far was this Lady at least for some time from any thoughts of Marrying the King that she had consented to Marry the Lord Piercy the Earl of Northumberland's eldest Son whom his Father by a strange compliance with the Cardinals vanity had placed in his Court and made him one of his servants The thing is considerable and clears many things that belong to this History and the Relator of it was an Ear-witness of the Discourse upon it as himself informs us The Cardinal hearing that the Lord Piercy was making addresses to Anne Boleyn one day as he came from the Court called for him before his servants before us all says the Relator including himself and chid him for it pretending at first that it was unworthy of him to match so meanly but he justified his choice and reckoned up her birth and Quality which he said was not inferior to his own And the Cardinal insisting fiercely to make him lay down his pretensions he told him he would willingly submit to the King and him but that he had gone so far before many witnesses that he could not forsake it and knew not how to discharge his conscience and therefore he entreated the Cardinal would procure him the Kings favour in it Upon that the Cardinal in great rage said why thinkest thou that the King and I know not what we have to do in so weighty a matter yes I warrant you but I can see in thee no submission at all to the purpose and said you have matched your self with such a one as neither the King nor yet your Father will agree to it and therefore I will send for thy Father who at his coming shall either make thee break this unadvised bargain or disinherit thee for ever To which the Lord Piercy replyed That he would submit himself to him if his Conscience were discharged of the weighty burden that lay upon it and soon after his Father coming to Court he was diverted another way Had that Writer told us in what year this was done it had given a great light to direct us but by this relation we see that she was so far from thinking of the King at that time that she had
down at his feet and in most passionate expressions begged him to be more compliant to the Kings desires and at least not to deny that small favour of showing the Decretal to some few Counsellors upon the assurance of absolute secrecy But the Pope interrupted him and with great signs of an unusual grief told him these sad effects could not be charged on him he had kept his word and done what he had promised but upon no consideration would he do any thing that might wound his Conscience or blemish his Integrity Therefore let them proceed as they would in England he should be free of all blame but should confirm their Sentence And he protested he had given Campegio no commands to make any delays but only to give him notice of their proceedings If the King who had maintained the Apostolick See had written for the Faith and was the Defender of it would over-turn it it would end in his own disgrace But at last the secret came out for the Pope confessed there was a League in Treaty between the Emperor and himself but denied that he had bound himself up by it as to the Kings business The Pope consulted with the Cardinals Sanctorum Quatuor and Simonetta not mentioning the Decretal to them which he had granted without communicating it to any body or entring it in any Register and they were of opinion that the Process should be carried on in England without demanding any thing further from Rome But the Imperial Cardinals spake against it and were moving presently for an Inhibition and an Avocation of the Cause to be tried at the Court of Rome The Pope also took notice that the Intercession of England and France had not prevailed with the Venetians to restore Cervia and Ravenna which they had taken from him and that he could not think that Republick durst do so if these Kings were in earnest It had been promised that they should be restored as soon as his Legate was sent to England but it was not yet done The Proto-Notary told him it should most certainly be done Thus ended that Conversation But the more earnest the Cardinal was to have the Bull seen by some of the Privy-Council the Pope was the more confirmed in his resolutions never to consent to it For he could not imagine the desire of seeing it was a bare curiosity or only to direct the Kings Counsellors since the King and the Cardinal could inform them of all the material Clauses that were in it Therefore he judged the desire of seeing it was only that they might have so many witnesses to prove that it was once granted whereby they had the Pope in their power and this he judged too dangerous for him to submit to But the Pope finding the King and the Cardinal so ill satisfied with him resolved to send Francisco Campana one of his Bed-chamber to England to remove all mistakes and to feed the King with fresh hopes In England Campegio found still means by new delays to put off the business and amused the King with new and subtle motions for ending the matter more dextrously Upon which in the beginning of December Sir Francis Brian and Peter Vannes the Kings Secretary for the Latine Tongue were sent to Rome They had it in Commission to search all the Records there for the Breve that was now so much talked of in Spain They were to propose several overtures Whether if the Queen vowed Religion the Pope would not dispence with the Kings second Marriage or if the Queen would not vow Religion unless the King also did it Whether in that case would the Pope dispence with his vow Or whether if the Queen would hear of no such proposition would not the Pope dispence with the Kings having two Wives For which there were diverss presidents vouched from the Old Testament They were to represent to the Pope that the King had laid out much of his best Treasure in his Service and therefore he expected the highest favours out of the deepest Treasure of the Church And Peter Vannes was commanded to tell the Pope as of himself that if he did for partial respects and fears refuse the Kings desires he perceived it would not only alienate the King from him but that many other Princes his Confederates with their Realms would withdraw their Devotion and Obedience from the Apostolick See By a dispatch that followed them the Cardinal tried a new project which was an offer of 2000 men for a Guard to the Pope to be maintained at the cost of the King and his Confederates And also proposed an enterview of the Pope the Emperor the French King and the Ambassadors of other Princes to be either at Nice Avignon or in Savoy and that himself would come thither from the King of England But the Pope resolved stedfastly to keep his ground and not to engage himself too much to any Prince therefore the motion of a Guard did not at all work upon him To have Guards about him upon another Princes pay was to be their Prisoner and he was so weary of his late Imprisonment that he would not put himself in hazard of it a second time Besides such a Guard would give the Emperor just cause of jealousie and yet not secure him against his power He had been also so unsuccesful in his contests with the Emperor that he had no mind to give him any new provocation And though the Kings of England and France gave him good words yet they did nothing nor did the King make War upon the Emperor so that his Armies lying in Italy he was still under his power Therefore the Pope resolved to unite himself firmly to the Emperor and all the use he made of the Kings earnestness in his Divorce was only to bring the Emperor to better terms The Lutherans in Germany were like to make great use of any decision he might make against any of his Predecessors Bulls The Cardinal Elector of Mentz had written to him to consider well what he did in the Kings Divorce for if it went on nothing had ever fallen out since the beginning of Luthers Sect that would so much strenghen it as that Sentence He was also threatned on the other side from Rome that the Emperor would have a General Council called and whatsoever he did in this Process should be examined there and he proceeded against accordingly Nor did they forget to put him in mind of his Birth that he was a Bastard and so by the Canon incapable of that Dignity and that thereupon they would depose him He having all these things in his prospect and being naturally of a fearful temper which was at this time more prevalent in him by reason of his late Captivity resolved not to run these hazards which seemed unavoidable if he proceeded further in the Kings business But his constant Maxime being to promise and swear deepest when he intended least he sent
were by an other Dispatch which Gardiner sent ordered to Protest and Appeal from the Pope as not the true Vicar of Christ to a true Vicar But the King upon second thoughts judged it not fit to proceed to this Extremity so soon They were also ordered to advertise the Pope that all the Nobility had assured the King they would adhere to him in case he were so ill used by the Pope that he were constrained to withdraw his obedience from the Apostolick See and that the Cardinals ruine was unavoidable if the Pope granted the Avocation The Emperors Agents had pretended they could not send the original Breve into England and said their Master would send it to Rome upon which the Ambassadors had solicited for Letters Compulsory to require him to send it to England yet left that might now be made an Argument by the Imperialists for an Avocation they were ordered to speak no more of it for the Legates would proceed to Sentence upon the attested Copy that was sent from Spain The Ambassadors had also orders to take the best Counsel in Rome about the Legal ways of hindring an Avocation But they found it was not fit to rely much on the Lawyers in that matter For as on the one hand there was no secrecy to be expected from any of them they having such expectations of preferments from the Pope which were beyond all the Fees that could be given them that they discovered all secrets to him So none of them would be earnest to hinder an Avocation it being their Interest to bring all Matters to Rome by which they might hope for much greater Fees And Salviati whom the Ambassadors had gained told them that Campana brought word out of England that the Process was then in a good forwardness They with many Oaths denyed there was any such thing and Silvester Darius who was sent express to Rome for opposing the Avocation confirmed all that they swore But nothing was believed for by a secret conveyance Campana had Letters to the contrary And when they objected to Salviati what was promised by Campana in the Popes name that he would do every thing for the King that he could do out of the fulness of his Power He answered that Campana swore he had never said any such thing So hard is the case of Ministers in such ticklish negotiations that they must say and unsay swear and forswear as they are Instructed which goes of Course as a part of their Business But now the Legates were proceeding in England Of the steps in which they went though a great deal be already published yet considerable things are passed over On the 31th of May the King by a Warrant under the Great Seal gave the Legates leave to execute their Commission upon which they Sate that same day The Commission was presented by Longland Bishop of Lincoln which was given to the Proto-Notary of the Court and he read it publickly then the Legates took it in their hands and said They were resolved to Execute it And first gave the usual Oaths to the Clerks of the Court and ordered a peremtory Citation of the King and Queen to appear on the 18th of Iune between 9 and 10 a Clock and so the Court Adjourned The next Session was on the 18th of Iune where the Citations being returned duely Executed Richard Simpson Dean of the Chappel and Mr. Iohn Bell appeared as the Kings Proxies But the Queen appeared in Person and did protest against the Legates as incompetent Judges alledging that the cause was already Avocated by the Pope and desired a competent time in which she might prove it The Legates assigned her the 21th and so Adjourned the Court till then About this time there was a severe Complaint exhibited against the Queen in Council of which there is an account given in a paper that has somewhat written at the conclusion of it with the Cardinals own hand The substance of it is That they were informed some designed to kill the King or the Cardinal in which if she had any hand she must not expect to be spared That she had not shewed such love to the King neither in Bed nor out of Bed as she ought And now that the King was very pensive and in much grief she showed great signs of joy setting on all people to Dancings and other Diversions This it seemed she did out of spite to the King since it was contrary to her temper and ordinary behaviour And whereas she ought rather to pray to God to bring this matter to a good conclusion she seemed not at all serious and that she might corrupt the peoples affections to the King she showed her self much abroad and by civilities and gracious bowing her head which had not been her custom formerly did study to work upon the people And that having the pretended Breve in her hands she would not show it sooner From all which the King concluded that she hated him Therefore his Council did not think it advisable for him to be any more conversant with her either in Bed or at Board They also in their Consciences thought his life was in such danger that he ought to withdraw himself from her company and not suffer the Princess to be with her These things were to be told her to induce her to enter into a Religious Order and to perswade her to submit to the King To which paper the Cardinal added in Latine That she played the fool if she contended with the King that her Children had not been blessed and somewhat of the evident suspitions that were of the Forgery of the Breve But she had a constant mind and was not to be threatned to any thing On the 21th of Iune the Court Sate The King and Queen were present in Person Campegio made a long Speech of the errand they were come about That it was a new unheard of vile and intolerable thing for the King and Queen to live in Adultery or rather Incest which they must now try and proceed as they saw just cause And both the Legates made deep protestations of the sincerity of their minds and that they would proceed justly and fairly without any favour or partiality As for the formal Speeches which the King and Queen made Hall who never failed in trifles sets them down which I incline to believe they really spoke for with the Journals of the Court I find those Speeches written down though not as a part of the Journal But here the Lord Herbert's usual diligence fails him for he fancies the Queen never appeared after the 18th upon which because the Journal of the next Sessions are lost he infers against all the Histories of that time That the King and the Queen were not in Court together And he seems to conclude that the 25th of Iune was the next Session after the 18th but in that he was mistaken For by an original Letter of the Kings to
St. Mark and to examine the Decrees of the ancient Councils He went incognito without any Character from the King only he had a Letter Recommending him to the care of Iohn Cassali then Ambassador at Venice to procure him an admittance into the Libraries there But in all his Letters he complained mightily of his Poverty that he had scarce whereby to live and pay the Copiers whom he imployed to Transcribe passages out of MSS. He stayed some time at Venice from whence he went to Padua Bononia and other Towns where he only talked with Divines and Canonists about these questions Whether the Precepts in Leviticus of the Degrees of Marriage do still oblige Christians And whether the Popes Dispensation could have any force against the Law of God These he proposed in Discourse without mentioning the King of England or giving the least intimation that he was sent by him till he once discovered their Opinions But finding them generally inclining to the Kings Cause he took more courage and went to Rome where he sought to be made a Penitentiary Priest that he might have the freer access into Libraries and be lookt on as one of the Popes Servants But at this time the Earl of Wiltshire and Stokesley who was made Bishop of London Tonstall being Translated to Duresm were sent by the King into Italy Ambassadors both to the Pope and Emperor Cranmer went with them to justifie his Book in both these Courts Stokesley brought full Instructions to Crooke to search the Writings of most of the Fathers on a great many passages of the Scripture and in particular to try what they wrote on that Law in Deuteronomy which provided that when one died without Children his Brother should marry his Wife to raise up Children to him This was most pressed against the King by all that were for the Queen as either an Abrogation of the other Law in Leviticus or at least a Dispensation with it in that particular Case He was also to consult the Iews about it and was to Copy out every thing that he found in any Manuscript of the Greek or Latine Fathers relating to the Degrees of Marriage Of this labour he complained heavily and said That though he had a great task laid on him yet his allowance was so small that he was often in great straits This I take notice of because it is said by others That all the Subscriptions that he procured were bought At this time there were great Animosities between the Ministers whom the King imployed in Italy the two Families of the Cassali and the Ghinucci hating one another Of the former Family were the Ambassadors at Rome and at Venice Of the other Hierome was Bishop of Worcester and had been in several Ambassies into Spain His Brother Peter was also imployed in some of the little Courts of Italy as the Kings Agent Whether the King out of Policy kept this hatred up to make them Spies one on another I know not To the Ghinucci was Crooke gained so that in all his Letters he complained of the Cassali as men that betraied the Kings Affairs and said that Iohn then Ambassador at Venice not only gave him no assistance but used him ill and publickly discovered That he was imployed by the King which made many who had formerly spoken their minds freely be more reserved to him But as he wrote this to the King he begged of him that it might not be known otherwise he expected either to be Killed or Poisoned by them Yet they had their Correspondents about the King by whose means they understood what Crooke had Informed against them But they wrote to the King that he was so morose and ill-natured that nothing could please him and to lessen his Credit they did all they could to stop his Bills All this is more fully set down than perhaps was necessary if it were not to show that he was not in a condition to corrupt so many Divines and whole Universities as some have given out He got into the acquaintance of a Frier at Venice Franciscus Georgius who had lived 49 years in a Religious order and was esteemed the most Learned man in the Republick not only in the vulgar Learning but in the Greek and Hebrew and was so much accounted of by the Pope that he called him the Hammer of Hereticks He was also of the Senatorian Quality and his Brother was Governor of Padua and payed all the Readers there This Friar had a great opinion of the King and having studied the case wrote for the Kings cause and endeavoured to satisfie all the other Divines of the Republick among whom he had much credit Thomas Omnibonus a Dominican Philippus de Cremis a Doctor of the Law Valerius of Bergamo and some others wrote for the Kings cause Many of the Iewish Rabbins did give it under their hands in Hebrew That the Laws of Leviticus and Deuteronomy were thus to be reconciled That Law of Marrying the Brothers wife when he dyed without Children did only bind in the Land of Judaea to preserve Families and maintain their Successions in the Land as it had been divided by Lot But that in all other places of the world the Law of Leviticus of not Marrying the Brothers wife was obligatory He also searched all the Greek MSS. of Councils and Nazianzens and Chrysostoms works After that he run over Macarius Acacius Apollinaris Origen Gregory Nyssen Cyril Severian and Gennadius and copied out of them all that which was pertinent to his purpose He procured several hands to the Conclusions before it was known that it was the Kings business in which he was employed But the Government of Venice was so strict that when it was known whose Agent he was he found it not easie to procure Subscriptions Therefore he advised the King to order his Minister to procure a Licence from the Senate for their Divines to declare their opinions in that matter Which being proposed to the Senate all the answer he could obtain was that they would be Neutrals and when the Ambassador pressed as an evidence of Neutrality that the Senate would leave it free to their Divines to declare of either side as their Consciences led them he could procure no other answer the former being again repeated Yet the Senate making no Prohibition many of their Divines put their hands to the Conclusions And Crook had that Success that he wrote to the King he had never met with a Divine that did not favour his cause but the Conclusions touching the Popes Power his Agents did every-where discourage and threaten those who subscribed them And the Emperors Ambassador at Venice did threaten Omnibonus for writing in prejudice of the Popes Authority and asserting conclusions which would make most of the Princes of Europe Bastards He answered he did not consider things as a Statesman but as a Divine Yet to take off this fear Crook suggested to the King to order his Minister at the
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
not then just cause to distrust all that came from him when at one time he condemned what he had allowed at another So that the King saw clearly he did not Consider the ease of his Conscience but other worldly respects that had put him on Consulting so many Learned men whose judgments differed much from those few that were about the Pope who thought the Prohibition of such Marriages was onely positive and might be dispensed with by the Pope whereas all other Learned men thought the Law was Moral and indispensable He perceived the Apostolick See was destitute of that Learning by which it should be directed and the Pope had oft professed his own Ignorance and that he spake by other mens mouths but many Universities in England France and Italy had declared the Marriage unlawful and the Dispensation null None honoured the Apostolick See more than he had done and therefore he was sorry to write such things if he could have been silent If he should obey the Popes Letters he would offend God and his own Conscience and give scandal to those who condemned his Marriage he did not willingly dissent from him without a very urgent cause that he might not seem to despise the Apostolick See therefore he desired the Pope would forgive the freedom that he used since it was the Truth that drew it from him And he added that he intended not to Impugn the Popes Authority further except he compelled him and what he did was only to bring it within its first and Ancient Limits to which it was better to reduce it than to let it always run on headlong and do amiss therefore he desired the Pope would Conform himself to the opinions of so many Learned men and do his Duty and Office The Letter ends with a Credence to the Ambassador The Pope seeing his Authority was declining in England resolved now to do all he could to recover it either by force or Treaty and so ordered a Citation to be made of the King to appear in Person or by Proxie at Rome to answer to the Queens appeal upon which Sir Edward Karne was sent to Rome with a new Character of Excusatour His Instructions were to take the best Counsel for pleading an Excuse of the Kings appearance at Rome First upon the grounds that might be found in the Canon Law and these not being sufficient he was to Insist on the Prerogatives of the Crown of England Doctor Bonner went with him who had expressed much zeal in the Kings cause though his great zeal was for Preferment which by the most servile ways he always Courted He was a forward bold man and since there were many Threatnings to be used to the Pope and Cardinals he was thought fittest for the employment but was neither Learned nor discreet They came to Rome in March where they found great heats in the Consistory about the Kings business The Imperialists pressed the Pope to proceed but all the wise and indifferent Cardinals were of another mind And when they understood what an Act was passed about Annates they saw clearly that the Parliament was resolved to adhere to the King in every thing he intended to do against their Interests The Pope expostulated with the Ambassadors about it but they told him the Act was still in the Kings Power and except he provoked him he did not intend to put it in execution The Ambassadors finding the Cardinal of Ravenna of so great reputation both for Learning and Vertue that in all matters of that kind his opinion was heard as an Oracle and gave Law to the whole Consistory they resolved to gain him by all means possible And Doctor Bennet made a secret address to him and offered him what Bishoprick either in France or England he would desire if he would bring the Kings matter to a good issue He was at first very shie at length he said he had been oft deceived by many Princes who had made him great Promises but when their business was ended never thought of performing them therefore he would be sure and so drave a Bargain and got under Doctor Bennets hand a promise of which a Copy being sent to the King written by Bennet himself will be found at the end of this Volume Bearing that he having Powers from the King for that effect dated the 29th of December last did promise the Cardinal for his help in the Kings affair Monasteries or other Benefices in France to the value of 6000 Ducates a year and the first Bishoprick that fell vacant in England and if it were not Ely that when ever that See was vacant upon his resigning the other he should be provided with the Bishoprick of Ely dated at Rome the 7th of February 1532. This I set down as one of the most Considerable Arguments that could be used to satisfie the Cardinals Conscience about the justice of the Kings cause This Cardinal was the fittest to work secretly for the King for he had appeared visible against him I find also by other Letters that both the Cardinals of Anâ—ona and Monte afterwards Pope Iulius the 3d were prevailed with by arguments of the same nature though I cannot find cut what the Bargains were Providellus that was accounted the greatest Canonist in Italy was brought from Bononia and entertained by the Ambassadors to give Counsel in the Kings cause and to plead his Excuse from appearing at Rome The plea was summed up in 28 Articles which were offered to the Pope and he admitted them to be examined in the Consistory appointing three of them to be opened at a Session But the Imperialists opposed that and after fifteen of them had been heard procured a new order that they should be heard in a Congregation of Cardinals before the Pope pretending that a Consistory sitting but once a week and having a great deal of other Business it would be long before the matter could be brought to any issue So Karne was served with a new order to appear in the Congregation the 3d. of April with this Certification That if he appeared not they would proceed Upon which he protested that he would adhere to the former Order yet being warned the second time he went first and protested against it which he got entered in the Datary This being considered in the Congregation they renewed the Order ofhearing it in the Consistory on the 10th of April and then Providellus opened three Conclusions Two of them related to Karne's Powers the third was concerning the Safety of the place to both parties But the Imperialists and the Queens Council being dissatisfied with this Order would not appear Upon which Karne complained of their Contumacy and said By that it was visible they were distrustful of their Cause On the 14th of April a new intimation was made to Karne to appear on the 17th with his Advocates to open all the rest of the Conclusions but he according to the first Order would onely plead
vehemency nor could they silence him till the King himself commanded him to hold his peace And yet all that was done either to him or Peto was that being called before the Privie Council they were rebuked for their insolence by which it appears that King Henry was not very easily inflamed against them when a crime of so high a Nature was so slightly passed over Nor was this all but the Fathers that were in the Conspiracy had confederated to publish these Revelations in their Sermons up and down the Kingdom They had also given Notice of them to the Popes Ambassadors and had brought the Maid to declare her Revelations to them they had also sent an account to Queen Katharine for encouraging her to stand out and not submit to the Laws of which Confederacy Thomas Abel was likewise one The thing that was in so many hands could not be a secret therefore the King who had despised it long ordered that in Nouember the former year the Maid and her Complices Richard Master Doctor Bocking Richard Deering Henry Gold a Parson in London Hugh Rich an observant Frier Richard Risby Thomas Gold and Edward Twaites Gentlemen and Thomas Laurence should be brought into the Star-Chamber where there was a great appearance of many Lords they were examined upon the premises and did all without any rack or torture confess the whole Conspiracy and were adjudged to stand in Pauls all the Sermon time and after Sermon the Kings Officers were to give every one of them his Bill of Confession to be openly read before the people which was done next Sunday the Bishop of Bangor preaching they being all set in a Scaffold before him This publick manner was thought upon good grounds to be the best way to satisfie the people of the Imposture of the whole matter and it did very much convince them that the cause must needs be bad where such methods were used to support it From thence they were carryed to the Tower where they lay till the Session of Parliament but when they lay there some of their Complices sent messages to the Nun to encourage her to deny all that she had said and it is very probable that the reports that went abroad of her being forced or cheated into a Confession made the King think it necessary to proceed more severely against her The thing being considered in Parliament it was judged a Conspiracy against the Kings Life and Crown So the Nun and Master Bocking Deering Rich Risby and Henry Gold were Attainted of high Treason And the Bishop of Rochester Thomas Gold Thomas Laurence Edward Twaites Iohn Adeson and Thomas Abell were judged guilty of misprision of Treason and to forfeit their goods and Chattels to the King and to be imprisoned during his pleasure and all the Books that were written of her Revelations were ordered to be sent in to some of the chief Officers of State under the pains of Fine and Imprisonment It had been also found that the Letter which she pretended to have got from Mary Magdalen e was written by one Hankherst of Canterbury and that the door of the Dormitorie which was given out to be made open by miracle that she might go into the Chappel for Converse with God was opened by some of her Complices for beastly and carnal ends But in the Conclusion of the Act all others who had been corrupted in their Allegiance by these impostures except the persons before named were at the earnest intercession of Queen Anne pardoned The two Houses of Parliament having ended their business were prorogued on the 29th of March to the 3d of November and before they broke up all the Members of both Houses that they might give a good example to the Kings other Subjects swore the Oath of Succession as appears from the Act made about it in the next Session of Parliament The Execution of these persons was delayed for some time it is like till the King had a return from Rome of the Messenger he had sent thither with his Submission Soon after that on the 20 of April the Nun and Bocking Master Deering Risby and Gold Rich is not named being perhaps either dead or pardoned were brought to Tiburn The Nun spake these words Hither I am come to die and I have not been only the cause of mine own death which most justly I have deserved but also I am the cause of the death of all those persons which at this time here suffer And yet to say the truth I am not so much to be blamed considering that it was well known to these learned men that I was a poor wench without Learning and therefore they might easily have perceived that the things that were done by me could not proceed in no such sort but their capacities and Learning could right well judge from whence they proceeded and that they were altogether feigned but because the thing which I feigned was profitable to them therefore they much praised me and bore me in hand that it was the Holy-Ghost and not I that did them and then I being pussed up with their praises fell into a certain pride and foolish fantasie with my self and thought I might feign what I would which thing hath brought me to this case and for the which now I cry God and the Kings Highness most heartily Mercy and desire you all good people to pray to God to have mercy on me and on all them that here suffer with me On all this I have dwelt the longer both because these are all called Martyrs by Sanders and that this did first provoke the King against the Regular Clergy and drew after it all the severities that were done in the rest of his Reign The foulness and the wicked designs of this Imposture did much alienate people from the Interest of Rome and made the other Acts both pass more easily and be better received by the people It was also generally believed that what was now discovered was no new practice but that many of the Visions and Miracles by which Religious Orders had raised their Credit so high were of the same Nature and it made way for the destroying of all the Monasteries in England though all the severity which at this time followed on it was that the Observant Friers of Richmont Greenwich Canterbury Newark and Newcastle were removed out of their Houses and put with the other Gray-Friers and Augustin-Friers were put in their Houses But because of the great name of Fisher Bishop of Rochester and since this was the first step to his ruin it is necessary to give a fuller account of his carriage in this matter When the cheat was first discovered Cromwell then Secretary of State sent the Bishops Brother to him with a sharp reproof for his carriage in that business but withal advised him to write to the King and acknowledge his offence and desire his pardon which he knew the King considering his Age and sickness
Order to another By whom And for what Cause What Mortmains they had And whether their Founders were sufficiently Authorized to make such Donations Upon what suggestions and for what Causes they were exempted from their Diocesans Their Local Statutes were also to be seen and examined The Election of their Head was to be enquired into The Rule of every House was to be considered How many professed And how many Novices were in it And at what time the Novices Professed Whether they knew their Rule and observed it Chiefly the three Vows of Poverty Chastity and Obedience Whether any of them kept any money without the Masters knowledge Whether they kept company with women within or without the Monastery Or if there were any back-doors by which women came within the precinct Whether they had any boys lying by them Whether they observed the Rules of Silence Fasting Abstinence and Hair-shirts Or by what warrant they were dispenced with in any of these Whether they did Eat Sleep wear their Habit and stay within the Monastery according to their Rules Whether the Master was too cruel or too remiss And whether he used the Brethren without partiality or malice Whether any of the Brethren were incorrigible Whether the Master made his accompts faithfully once a year Whether all the other Officers made their accompts truely And whether the whole Revenues of the House were imployed according to the intention of the Founders Whether the Fabrick was kept up and the Plate and Furniture were carefully preserved Whether the Covent-Seal and the Writings of the House were well kept And whether Leases were made by the Master to his Kindred and Friends to the damage of the House Whether Hospitality was kept and whether at the receiving of Novices any money or reward was demanded or promised What care was taken to instruct the Novices Whether any had entred into the House in hope to be once the Master of it Whether in giving Presentations to Livings the Master had reserved a Pension out of them Or what sort of Bargains he made concerning them An account was to be taken of all the Parsonages and Vicarages belonging to every House and how these Benefices were disposed of and how the Cure was served All these things were to be inquired after in the Houses of Monks or Friars And in the Visitation of Nunneries they were to Search Whether the House had a good Enclosure and if the Doors and Windows were kept shut so that no man could enter at inconvenient hours Whether any men conversed with the Sisters alone without the Abbesses leave Whether any Sister was forced to profess either by her Kindred or by the Abbess Whether they went out of their precinct without leave And whether they wore their Habit then What employment they had out of the times of Divine Service What familiarity they had with Religious men Whether they wrote Love-Letters Or sent and received Tokens or Presents Whether the Confessor was a discreet and learned man and of good reputation And how oft a year the Sisters did Confess and Communicate They were also to visit all Collegiate Churches Hospitals and Cathedrals and the Order of the Knights of Ierusalem But if this Copy be compleat they were only to view their Writings and Papers to see what could be gathered out of them about the Reformation of Monastical Orders And as they were to visit according to these Instructions so they were to give some Injunctions in the Kings Name That they should endeavour all that in them lay that the Act of the Kings Succession should be observed where it is said that they had under their Hands and Seals confirmed it This showes that all the Religious Houses of England had acknowledged it and they should teach the people that the Kings Power was Supreme on Earth under God and that the Bishop of Rome's Power was Usurped by Craft and Policy and by his ill Canons and Decretals which had been long tolerated by the Prince but was now justly taken away The Abbot and Brethren were declared to be absolved from any Oath they had Sworn to the Pope or to any Forreign Potentate and the Satutes of any Order that did bind them to a Forreign Subjection were abrogated and ordered to be razed out of their Books That no Monk should go out of the precinct nor any woman enter within it without leave from the King or the Visitor and that there should be no entry to it but one Some Rules were given about their Meals and a Chapter of the Old or New Testament was ordered to be read at every one The Abbots Table was to be served with common Meats and not with delicate and strange Dishes and either he or one of the Seniors were to be always there to entertain strangers Some other Rules follow about the distribution of their Alms their accommodation in Health and Sickness One or two of every House was to be kept at the University that when they were well Instructed they might come and teach others And every day there was to be a Lecture of Divinity for a whole hour The Brethren must all be well employed The Abbot or Head was every day to explain some part of the Rule and apply it according to Christ's Law and to shew them that their Ceremonies were but Elements introductory to true Christianity and that Religion consisted not in Habits or in such like Rites but in cleanness of Heart pureness of Living unfeigned Faith Brotherly Charity and true honouring of God in Spirit and Truth That therefore they must not rest in their Ceremonies but ascend by them to true Religion Other Rules are added about the Revenues of the House and against Wastes and that none be entred into their House nor admitted under twenty four years of Age. Every Priest in the House was to say Mass daily and in it to pray for the King and Queen If any brake any of these Injunctions he was to be denounced to the King or his Visitor-general The Visitor had also Authority to punish any whom he should find guilty of any Crime and to bring the Visitor-general such of their Books and Writings as he thought fit But before I give an account of this Visitation I presume it will not be ingrateful to the Reader to offer him some short view of the Rise and Progress of Monastick Orders in England and of the state they were in at this time What the Ancient British Monks were or by what Rule they were Governed whether it was from the Eastern Churches that this Constitution was brought into Britain and was either suited to the Rule of St. Anthony St. Pachon or St. Basil or whether they had it from France where Sulpitius tells us St. Martin set up Monasteries must be left to conjecture But from the little that remains of them we find they were very numerous and were obedient to the Bishop of Caerleon as all the Monks of the
and Aldermen of London She said She was come to die as she was Judged by the Law she would accuse none nor say any thing of the ground upon which she was judged She prayed heartily for the King and called him a most merciful and gentle Prince and that he had been always to her a good gentle Soveraign Lord and if any would meddle with her cause she required them to judge the best And so she took her leave of them and of the world and heartily desired they would pray for her After she had been some time in her Devotions being her last words To Christ I commend my Soul her Head was cut off by the Hangman of Calais who was brought over as more expert at Beheading than any in England her Eyes and Lips were observed to move after her Head was cut off as Spelman writes but her Body was thrown into a common Chest of Elme-tree that was made to put Arrows in and was buried in the Chappel within the Tower before twelve a Clock Her Brother with the other four did also suffer none of them were Quartered but they were all Beheaded except Smeton who was Hanged It was generally said that he was corrupted into that Confession and had his Life promised him but it was not fit to let him live to tell Tales Norris had been much in the Kings favour and an offer was made him of his life if he would confess his guilt and accuse the Queen But he generously rejected that un-handsome proposition and said That in his Conscience he thought her Innocent of these things laid to her charge but whether she was or not he would not accuse her of any thing and he would die a thousand times rather than ruin an Innocent Person These proceedings occasioned as great variety of Censures as there were diversity of Interests The Popish Party said the justice of God was visible that she who had supplanted Queen Katharine met with the like and harder measure by the same means Some took notice of her faint justifying her self on the Scaffold as if her Conscience had then prevailed so far that she could no longer deny a thing for which she was so soon to answer at another Tribunal But others thought her care of her Daughter made her speak so tenderly for she had observed that Queen Katharines obstinacy had drawn the Kings indignation on her Daughter and therefore that she alone might bear her misfortunes and derive no share of them on her Daughter she spake in a stile that could give the King no just offence And as she said enough to justifie her self so she said as much for the Kings honour as could be expected Yet in a Letter that she wrote to the King from the Tower which will be found in the Collection she pleaded her Innocence in a strain of so much Wit and moving passionate Eloquence as perhaps can scarce be paralelled certainly her spirits were much exalted when she wrote it for it is a pitch above her ordinary stile Yet the Copy I take it from lying among Cromwells other papers makes me believe it was truely written by her Her carriage seemed too free and all people thought that some freedoms and levities in her had encouraged those unfortunate persons to speak such bold things to her since few attempt upon the Chastity or make declarations of Love to persons of so exalted a quality except they see some invitations at least in their carriage Others thought that a free and jovial temper might with great Innocence though with no discretion lead one to all those things that were proved against her and therefore they concluded her chast though indiscreet Others blamed the King and taxed his cruelty in proceeding so severely against a person whose Chastity he had reason to be assured of since she had resisted his addresses near five years till he Legitimated them by Marriage But others excused him It is certain her carriage had given just cause of some jealousie and that being the rage of a man it was no wonder if a King of his temper conceiving it against one whom he had so signally obliged was transported into unjustifiable excesses Others condemned Cranmer as a man that obsequiously followed all the Kings appetites and that he had now Divorced the King a second time which shewed that his Conscience was governed by the Kings pleasure as his Supreme Law But what he did was unavoidable For whatever motives drew from her the Confession of that Precontract he was obliged to give Sentence upon it And that which she confessed being such as made her incapable to contract Marriage with the King he could not decline the giving of Sentence upon so formal a Confession Some loaded all that favoured the Reformation and said It now appeared what a woman their great Patroness and Supporter had been But to those it was answered That her faults if true being secret could cast no reflection on those who being ignorant of them made use of her Protection And the Church of Rome thought not their Cause suffered by the enraged Cruelty and Ambition of the cursed Irene who had convened the second Council of Nice and set up the worship of Images again in the East whom the Popes continued to court and magnifie after her barbarous murder of her Son with other acts of unsatiated spite and ambition Therefore they had no reason to think the worse of persons for claiming the Protection of a Queen whose faults if she was at all criminal were unknown to them when they made use of her Some have since that time concluded it a great evidence of her Guilt that during her Daughters long and glorious Reign there was no full nor compleat vindication of her published For the Writers of that time thought it enough to speak honourably of her and in general to call her Innocent But none of them ever attempted a clear discussion of the particulars laid to her charge This had been much to her Daughters honour and therefore since it was not done others concluded it could not be done and that their knowledge of her guilt restrained their Pens But others do not at all allow of that Inference and think rather that it was the great wisdom of that time not to suffer such things to be called in question since no wise Government will admit of a debate about the clearness of the Princes Title For the very attempting to prove it weakens it more than any of the proofs that are brought can confirm it therefore it was prudently done of that Queen and her great Ministers never to suffer any Vindication or Apology to be written Some indiscretions could not be denied and these would all have been catched hold of and improved by the busie Emissaries of Rome and Spain But nothing did more evidently discover the secret cause of this Queens ruin than the Kings Marrying Iane Seimour the day after her Execution She of all King Henries
questioned for Heresie But Cranmers carriage in this matter was suitable to the other parts of his Life for he withdrew to Croydon and would not so much as be present in Parliament when so unjust an Act was passed and his absence at this time was the more considerable since the King was so dangerously ill that it must be concluded it could be no slight Cause that made him withdraw at such a time But the Duke of Norfolk had been his constant Enemy therefore he would not so much as be near the publick Councils when so strange an Act was passing But at the same time the Bishop of Winchester was officiously hanging on in the Court and though he was forbid to come to Council yet always when the Councellors went into the Kings Bed-Chamber he went with them to the door to make the World believe he was still one of the number and staying at the door till the rest came out he returned with them But he was absolutely lost in the Kings Opinion There is but one other step of Forreign business in this Reign which was an Embassy sent over by the Duke of Saxony to let the King know of the League between the Pope and the Emperor for the Extirpation of Heresie And that the Emperor was making War on him and the other Princes in pursuance of that League Therefore he desired the Kings Assistance But at the same time the Emperor did by his Agents every-where disown that the War was made upon a Religious Account And said it was only to maintain the Rights of the Empire which those Princes had affronted So the King answered that as soon as it did appear to him that Religion was the cause of the War he would Assist them But that which made this so involved was That though at Rome the Pope declared it was a Holy War and ordered Prayers and Processions to be made for Success yet the Emperor in all his Declarations took no notice of Religion He had also divided the Protestant Party so that some of them joyned with him and others were Neutrals And when in Germany it self this matter was so little understood it was easie to abuse Strangers by giving them a wrong Account of it The King was now overgrown with corpulency and fatness so that he became more and more unwieldy He could not go up or down stairs but as he was raised up or let down by an Engine And an old sore in his Leg became very uneasie to him so that all the humors in his Body sinking down into his Leg he was much pained and became exceeding froward and intractable to which his inexcusable severity to the Duke of Norfolk and his Son may be in a great measure imputed His Servants durst scarce speak to him to put him in mind of his approaching end And an Act of Parliament which was made for the security of the Kings Life had some words in it against the Foretelling of his death which made every one afraid to speak to him of it lest he in his angry and imperious humors should have Ordered them to be Endicted upon that Statute But he felt nature declining apace and so made the Will that he had left behind him at his last going into France be written over again with â—his only difference That Gardiner Bishop of Winchester whom he had appointed one of the Executors of his Will and of the Councellors to his Son till he came of Age was now left out Of which when Sir Anthony Brown put the King in mind apprehending it was only an Omission he answered That he knew Gardiners temper well enough and though he could Govern him yet none of them would be able to do it and that he would give them much trouble And when Brown at another time repeated the motion to the King he told him if he spake more of that he would strike him out of his Will too The Will was said to be Signed the 30th of December It is Printed at large by Fuller and the most Material parts of it by Heylin So I need say little of it only the most signal Clause in it was That he excluded the Line of Scotland out of the Succession and preferred the two Daughters of the French Queen by Charles Brandon to them And this leads me to discover several things concerning this Will which have been hitherto unknown I draw them from a Letter written to Sir William Cecil then Secretary of State to Queen Elizabeth afterwards Lord Burleigh by William Maitland of Leithingtoun Secretary of State to the Queen of Scotland This Maitland was accounted a man of the greatest parts of any in his Nation at that time though his Treachery in turning over to the Party that was against the Queen very much blemished his other Qualities but he expiated his fault by a real Repentance which appeared in his returning to his duty and losing all afterwards in her quarrel His Letter will be found in the Collection The Substance and design of it is to clear the Right his Mistress had to the Crown of England in case the Queen should die without Heirs of her Body Therein after he had answered other Objections he comes to this of the Will To it he says That according to the Act of Parliament the Kings Will was to be Signed with his own hand but this Will was only Signed by the Stamp Then the King never Ordered the Stamp to be put to it He had been oft desired to Sign it but had always put it off but when they saw his death approaching one William Clark servant to Thomas Hennage put the Stamp to it and some Gentlemen that were waiting without were called in to Sign it as Witnesses For this he appeal'd to the deposition of the Lord Paget and desired the Marquess of Winchester and Northampton the Earl of Pembroke Sir William Petre Sir Henry Nâ—vil Sir Maurice Berkley Sir Anthony Denny Doctor Buts and some others might be examined and that their Depositions might be entred in the Chancery He also appealed to the Original Will by which it would appear That it was not Signed but only Stamped and that not being according to the Act of Parliament which in such extraordinary things must be strictly taken the Will was of no force Thus it appears what vulgar Errors pass upon the World And though for seventy five years the Scotish Race has enjoyed the Crown of England and after so long a possession it is very superfluous to clear a Title which is universally acknowledged yet the Reader will not be ill pleased to see how ill-grounded that pretence was which some managed very seditiously during the Reign of Queen Elizabeth for excluding that Line But if this Will was not signed by the King other Grantâ— was certainly made by him on his death-bed one was to the City of London of 500 Marks a year for endowing an Hospital which was called Christs
without any hope of reconciliation Notwithstanding he was content rather to put himself in evident ruine and utter undoing then the King or your Grace should suspect any point of ingratitude in him heartily desiring cum suspiriis lachrimis that the King and your Grace which have always been fast and good unto him will not now suddenly precipitate him for ever which should be done if immediately upon delivering of the Commission your Grace should begin Process He intendeth to save all upright thus If Monsieur de Lautrech would set forwards which he saith daily that he will do but yet he doth not at his coming the Pope's Holiness may have good colour to say He was required by the Ambassadour of England of a like Commission And denying the same because of his promise unto the General he was eft-soons by Monsieur de Lautrech to grant the said Commission inasmuch as it was but a Letter of Justice And by this colour he would cover the Matter so that it might appear unto the Emperor That the Pope did it not as he that would gladly do displeasure unto the Emperor but as an indifferent Prince that could not nor might deny Justice specially being required by such Personages and immediately he would dispatch a Commission bearing date after the time that Monsieur Lautrech had been with him or nigh unto him The Pope most instantly beseecheth your Grace to be a mean that the King's Highness may accept this in a good part and that he will take patience for this little time which as it is supposed will be but short and in omnem eventum I do bring a Commission with me and a Dispensation which I trust the King and your Grace will like well We have given unto my Lord Cardinal Sanctorum Quatuor 4000 Crowns and unto the Secretary 30 Crowns With this Your Grace shall receive a Letter from the Pope's Holiness Item a Counsel of Oldrand that giveth light unto the King's Cause I shall make the most diligence homeward that I can Our Lord Jesus preserve Your Grace At Orvieto this first day of Ianuary Your most humble Servant and Chaplain W. Knight Rome Ian. 1. 1528. To the KING PLease it your Highness to understand That as soon as the Pope was at liberty and came unto Orvieto I resorted unto his Holiness with all diligence and at my coming unto him did make congratulation on your Highness behalf forasmuch as he was restored unto his Liberty which he accepted very joyfully and thankfully giving unto your Highness manifold and high thanks for your great goodness as well proved in his adversity as when he was in his most felicity After this he rehearsed my being at Rome how dangerous it was inasmuch as when my being there was detect espial was made and I was not passed out of Rome by the space of two hours or two hundred Spaniards invaded and searched the House He shewed also that he had received all such Letters as I at my being in Rome did send unto his Holiness whereby he did perceive the Effect of your Highness desire concerning your Dispensation And albeit he did send me word that I should depart and his Holiness would send unto me the said Dispensation fully speed Nevertheless he trusted that your Highness would be content to tarry for a time for the General of the Observants in Spain being lately in Rome had required him according unto his Instructions that he should suffer nothing to pass that might be prejudicial or against the Queen directly or indirectly but that the Pope should first advertise thereof certain of the Caesarians here And forasmuch as this Dispensation might encourage your Grace to cause my Lord Legate Auctoritate Legationis to hear and decern in the Cause that your Highness intendeth and his Holiness standeth as yet in manner in captivity and perplexity His Holiness therefore besought your Grace to have patience for a time and it should not be long e're your Highness should have not only that Dispensation but any thing else that may lie in his power I replied unto this That his Holiness had once granted it and that I had dispatched a Post and made relation thereof by my Writings unto your Highness so that I could not imagine by what reason I might perswade unto you that he would perform the promise that he had once broken In conclusion He was content that your Highness should have it but he would have it delivered with this condition That the Prothonotary and Gambora and I should beseech your Highness not to attempt any thing in your Cause against the Queen till such time as the Pope were frankly at his Liberty which could not be as long as the Almaynes and Spaniards did thus reign in Italy and promise made we should deliver the Dispensation and in my poor judgment it was best always to be in possession of this Dispensation After this he shewed the Minute unto the Cardinal Sanctorum Quatuor willing him to reform it according to the stile of this Court which done he shewed it unto me and after said That he thought good I should depart because I rode but competent Journies and the Prothonotary Gambora should follow by Post and bring the Bull with him which is of the same form and substance that your Highness's Minute is of And if there be any thing omitted or to be added his Holiness is always content to reform it and to put it under the same date that the same Dispensation now beareth the Copy whereof I do send unto your Highness with this the Commission General and Protestation being void because they were conceived durante captivitate only And here on my behalf none other thing being to be done I took my leave of the Pope and departed At my coming unto Scarperii near unto Bonony I did meet with Thadeus this Courier which brought certain Expeditions Triplicat the one unto the Prothonotar Gambora the other unto Gregory de Cassali and the third unto me among which was a general Commission Triplicat the one to be committed to my Lord Legate and if that could not be obtained because my Lord Legate might be thought partial then the same to be committed unto Staphileius Item There was a Copy of a Dispensation where I perceived by your Grace's Letter that your pleasure was to have your Dispensation in form after the minute that Barlow brought which was then sped and already passed so remained nothing to be sped but the Commission your Highness pleases This knowing I caused my Servants to continue their Journey and with one Servant and this Courier I returned unto Orvieto with Post-Horses where Mr. Gregory and I with much Business have obtained a Commission directed unto my Lord Legate not in the form that was conceived in England but after such manner as is sufficient for the Cause and as I trust shall content your Highness wherein the Lord Cardinal Sanctorum Quatuor hath taken great pains
to pen as well your Dispensation as the Commission for which and that hereafter he may do unto your Highness the better service Mr. Gregory and I have rewarded him with 4000 Crowns of such Mony as your Highness hath caused to be made unto Venice for the furtherance of your Causes But albeit that every thing is passed according to your Highness pleasure I cannot see but in case the same be put in execution at this time the Pope is utterly undone and so he saith himself The Imperialists do daily spoil Castles and Towns about Rome Monsieur de Lautrek is yet at Bonony and small hope is of any great Act that he intends The Caesarians have taken within these three days two Castles lying within six miles of this and the Pope being in this perplexity not assured of any one Friend but of your Highness that lieth too far off if he do at this time any displeasure unto the Emperor he thinketh he is undone for ever wherefore he puts his Honour and Health wholly into your Highness Power and Disposition This morning I return homewards and Gregory de Cassali goeth in my Company as far as unto Florence and from thence he goeth unto Monsieur de Lautrek to sollicit him forwards if it may be The Holy Ghost send your Highness a prosperous New Year and many At Orvieto the first day of Ianuary Your most humble Subject Servant and Chaplain W. Knight Rome 10. Ian. 1528. V. A part of an Original Letter from the same Person to Cardinal Wolsey by which it appears that the Dispensation was then granted and sent over YOur Grace commandeth That I should send the Commission and Dispensation with diligence in case they were sped before the receit of your Graces Letters sent at this time Wherefore the Prothonotar Gambora and I being commanded sub poena Excommunicationis to deliver the same with a certain Request to be made to the King's Highness and his Grace at the time of delivery I send the same at this time unto Gambora requiring him in any wise to make diligence towards the King's Highness and not to abide my coming the Request and Cause thereof your Grace shall perceive by mine other Letters adjoined herewith And supposing that when your Grace hath seen my Letters and the Dispensations and considered this time well it may chance that the King and your Grace will be rather well content with that that is passed without suing for any other thing that could not be obtained without long tract and peradventure not so Your Grace hath committed as much unto Gregory de Cassali at this time as unto me which being near unto the Pope will without fail do his best diligence And if it shall be thought good unto the King's Highness and your Grace that I do return unto Orvâ—eto I shall do as much as my poor Carcase may endure and thereby at Turine I shall abide the knowledg of your Grace's pleasure The Datary hath clean forsaken the Court and will serve no longer but only God and his Cure The Cardinal Campegius continueth in Rome sore vexed with the Gout The Cardinals Pisane Triâ—â—lâ—is Vrsine Gadis and Cesis remaineth for Hostages The Cardinals Monte Sanctorum Quatuor Ridulph Ravenna and Perusino be with the Pope the rest abides absent Our Lord Jesus preserve your Grace At Aste the 10 th day of Ianuary Your most humble Beadsman and Servant W. Knight Orvieto the 13th of Cassali's Letter about the Method in which the Pope desired the Divorce should be managed Taken from a Copy written by Cardinal Wolsey's Secretary HEri hodie ad multam diem sum alloquutus SanctuÌ„ DominuÌ„ nostruÌ„ de mittendo legato insequens ordinem a Reverendissimo Domino Eboracen suis literis 27 Decemb. mihi praescriptum Pontifex ostendit se cupidissimum satisfaciendi Regiae Excellentiae cui omnia se debere fatetur nunc habuit mecum longum de hac re colloquium ut inveniatur modus omnia bene firme secure faciendi quo facto tueri possit ideoque consulere voluit judicium Cardinalis Sanctorum Quatuor Symonettae qui excellentior Doctior Auditor Rotae est cum quibus sub sigillo Confessionis egit ut ex eorum consilio inveniatur modus ad moram tollendam causam secure peragendam Atque ita Pontifex cum illis in hoc quod sequitur se revolvit videturque optimus verus securus modus me rogavit ut nullo pacto dicam hoc obtinuisse ab ejus Sanctitate sicuti revera obtinui nam Caesariani eum statum pro suspecto allegarent sed quod dicam me habuisse a Cardinali Sanctorum Quatuor a dicto Auditore Dicunt quod Rex deberet committere istic causam Cardinali ratione Commissionis quam attulit Secretarius vel propria Authoritate Legationis quod facere potest ubi causa fuerit commissa si Rex conscientiam suam persentiat coram Deo exoneratam quod recte possit facere quod quaerit quia nullus Doctor in mundo est qui de hac re melius decernere possit quam ipse Rex itaque si in hoc se resolverit ut Pontifex credit statim causam committat aliam Uxorem ducat litem sequatur mittatur publice pro Legato qui Consistorialiter mittetur ita enim maxime expediret nam Cardinalis Sanctorum Quatuor Symonetta dicunt hoc certum esse quod si Regina citetur illa nihil volet respondere nisi quod protestabitur locum judices suspectos esse Caesariani petent a Pontifice per viam Signaturae justitiae Inhibitionem qua Rex aliam nullam possit Uxorem capere si capiat proles non sit legitima donec causa non definiatur petent Commissionem qua Causa audiatur in Curia de Inhibitione vero Pontifex non potest negare neque Commissionem nisi injustitia mera vis inferatur adversus quam omnis mundus exclamaret Quod si Rex aliam Uxorem ceperit hoc non possunt petere si petant negabit Pontifex quod jure possit nec aliud dicere poterunt vel allegare nisi quod Cardinalis Eboracen Cardinalis mittendus locus sit suspectus petere quod Causa videatur hic in quo si deducatur statim feretur sententia quam Pontifex maturabit non servatis terminis propter momentum negotii alias rationes quas sciet Pontifex adducere ita hic obtinebuntur sententiae quae per totum Orbem approbabuntur quibus nullus Hispanus aut Germanus poterit contradicere mittentur in Angliam declarandae per Cardinales prout Rex voluerit hoc etiam non obstante Pontifex mittet Cardinalem Tandem hic est modus rebus omnibus secure medendi ad quem sequendum vos Pontifex hortatur rogat ut nihil dicatur quod ab eo procedat Iste modus non
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
of the said Commission to me and my Lord Campegius with certain Additions thereunto noted in the Margin such as have been here devised and also a Copy of certain Clauses in a Bull to the intent ye may see how amply the same be couched to avoid appellations and other delays in Causes of far less moment and importance than the King 's is Nevertheless ye must if it shall come to the obtaining of this new Commission see to the penning and more fully perfecting thereof so as the same may be in due perfection without needing to send eftsoons for remedying of any thing therein as is aforesaid looking also substantially whether the Chirograph of Policitation being already in your hands be so couched as the Date and every thing considered it may sufficiently oblige and astringe the Popes Holiness to confirm all that we or one of us shall do by virtue of this New or the Old Commission And if it be not of such efficacy so to do then must ye in this case see that either by sufficient and ample words to be put in this new Commission if it may be so had or by a new Chirograph the Pope's Holiness may be so astringed which Chirograph with the Commissions before specified if ye obtain the same the King's pleasure is That ye Sir Francis Brian shall bring hither in all possible diligence after the having and obtaining thereof solliciting nevertheless whether the Pope be to be facilly spoken with or not the immediate Indication of the Truce as is aforesaid without which in vain it were for me either with or without the Pope to travel for labouring and conducing of the Peace And so by this way should the Pope's Holiness with his merit and sufficient justification proceed for the Truce as a fundament of Universal Peace satisfy the King's desires and avoid any doubt of the Emperor forasmuch as his Holiness might alledg That being so extreamly sick that he was not able to know of the Cause himself he could no less do of justice than to commit it unto other seeing that the same is of such importance as suffereth no tract or delay And finally the King's Highness God willing by this means should have an end of this Matter One thing ye shall well note which is this Albeit this new Device was now for doubt of the Pope's long continuance in sickness first excogitate yet is it not meant nor ye be limited to this Device in case ye can obtain any other nor ye be also commanded to prefer this before all the other Devices but now that ye shall see and understand what this Device is and knowing what thing is like or possible to be obtained there without long putting over of your pursuits expend consider and regard well with your self what thing of this or any other that may best serve to the brief and good expedition of the King's Cause So always that it be a thing sure sufficient and available to his Grace's Purpose that may without any further tract be there had and then by your Wisdom taking unto you the best Learned Counsel that ye can have there leave you to the expedition of that which so may be most meet as the times require and suffer to the brief furnishing of the King 's said Cause to this purpose without tract or delay and that ye may see is the thing which as the matter stands can speedily be obtained and sped as is aforesaid For whether the Decretal be better than this or this better than that or which soever be best far it shall be from Wisdom to stick and still to rest upon a thing that cannot be obtained but since ye know the King's meaning which is to have a way sufficient and good for the speedy finishing of this Cause to his Grace's purpose note ye now and consider with your self by advice of Learned Counsel as is aforesaid how ye may bring that to pass and shall ye deserve as high thanks as can be possible So always that it be so well provided and looked upon that in it be no such limitations or defaults as shall compel us any more to write or send for reformation thereof And coming to this Commission tho percase ye can by no means or sticking have it in every point as the Copy which I send you with the Annotations do purport yet shall ye not therefore refuse it but take it or any other thing as can be had after such form as may substantially serve and as ye can by your wisdom and good sollicitations obtain for the speedy finishing of the King's Cause to his purpose as is aforesaid which is the scope whereunto we must tend at this time and therefore ye be not limited or coacted within any such bounds as ye should thereby be compelled or driven for lack of obtaining any thing or point mentioned in these or other your Instructions or former Writings to send hither again for further knowledg of the King's pleasure but ye be put at liberty so to qualify so to add detray immix change chuse or mend as ye shall think good so always that ye take the thing that best can be had being such as may as effectually as ye can bring about serve to the King's purpose and to put indelayed end to it according to his Grace's desire without further tract or sending thither which is as much as here can be said or devised And therefore at the reverence of Almighty God bring us out of this perplexity that this Vertuous Prince may have this thing sped to the purpose desired which shall be the most joyous thing that this day in Earth may chance and succeed to my heart and therefore I eftsoons beseech you to regard it accordingly Howbeit if the Pope's Holiness refusing all your desires shall make difficulty and delay therein it is an evident sign and token that his Holiness is neither favourable to the King 's reasonable Petitions nor indifferent but should thereby show himself both partial and expresly averse unto his Grace wherefore in that case finding in his Holiness such unreasonableness as it can in no wise be thought ye shall do The King's pleasure is that ye proceed to the Protestations mentioned in the first Instructions given to you Mr. Stevins for you and the residue of your Collegues and that ye not only be plain and round with the Pope's Holiness therein if ye come to his speech but also ye show and extend unto the Cardinals and other that be your Friends which may do any good with him the great peril and danger imminent unto the Church and See Apostolick thereby exhorting them That they like vertuous Fathers have regard thereunto and not to suffer the Pope's Holiness if he would thus wilfully without reason or discretion to precipitate himself and the said See which by this refusal is like to suffer ten times more detriment than it could do for any miscontentment that the Emperor could
take with the contrary for ye shall say sure they may be and so I for my discharge declare both to the Pope's Holiness and to them If this Noble and Vertuous Prince in this so great and so reasonable a Cause be thus extreamly denied of the grace and lawful favour of the Church the Pope's Holiness shall not fail for the same to lose Him and his Realm the French King and his Realm with many other their Confederates besides those that having particular Quarrels to the Pope and so aforesaid will not fail with diverse other as they daily seek occasions and provoke the King's Highness thereunto which will do the semblable being a thing of another sort to be regarded than the respect to the Emperor for two Cities which nevertheless shall be had well enough and the Emperor neither so evil contented nor so much to be doubted herein as is there supposed This with other words mentioned in your Instructions concerning like matter ye shall declare unto his Holiness and to the said Cardinals and other being your Friends if it come to that point whereby it is not to be doubted but they perceiving the dangers aforesaid shall be glad to exhort and induce his Holiness for the well of himself and the Church to condescend to the King's desire which is as much as can be here thought or devised to be by you done in all Events and Chances And therefore I pray you eft-soons and most instantly require you as afore to handle this Matter with all effect possible Coming to this new Commission when you shall have once attained such thing as shall be sufficient for the King's purpose as is aforesaid and that ye have it in your hands and custody and not afore lest thereby ye might hinder the expedition thereof ye shall by all ways and means possible labour and insist That the King's Highness as need shall be may use and enjoy the benefit of the Decretal being already in my Lord Cardinal Campegius's hands whereunto his Highness and I desire you to put all your effectual labour for the attaining of the Pope's consent thereunto accordingly Ye shall furthermore understand That it is thought here in case as God forbid the Pope should die before ye should have impetrate any thing that may serve to the absolution of the King's Matter That the Colledg of Cardinals have Authority Power and Jurisdiction sede vacante to inhibit avoke ex consequenti to pass and decide the King's Matter seeing that the same is of so high moment and importance concerning the surety of a Prince and his Realm as more amply ye shall perceive in the Chapters ubi Periculum de Electione ne Romani de Iurejurando capite primo de Scismaticis Wherefore the King's pleasure is That ye Mr. Stevins shall diligently weigh and ponder the effect of the said Chapters not only with your self but also with such the King 's Learned Counsel as ye and your Collegues have conducted there and what Jurisdiction sede vacante the Colledg of Cardinals have either by the Common Law usage or prescription which may far better be known there than here And if ye find that the Cardinals have in this the King's Cause and such other like Authority and Jurisdictions to inhibite avoke and decern then in casu mortis Pontificis quod Deus avertat ye shall specially foresee and regard that for none Intercession or pursute made by the Emperor and his Adherents they shall either inhibit or avoke And also if before such Death ye shall not have obtained such thing to the Kings desire and purpose as these present Letters before do purport his Grace's pleasure is That ye shall pursue the effectual expedition of the same at the hands of the said Colledg Sede vacante ne res quae nullam dilationem exposcit tantopere usque ad Electionem novi Pontificis quoquam modo differatur using for this purpose all such Reasons Allegations and Persuasions mentioned in those Letters and your former Instructions as ye shall see and perceive to serve to that effect and so to endeavour and acquit your self that such things may be attained there as may absolve this the King's Matter without any further tract or delay whereby ye shall as afore highly deserve the King's and my special thanks which shall be so acquitted as ye shall have cause to think your pains and diligences therein in the best wise imployed trusting in God that howsoever the World shall come ye shall by one means or other bring the King's Matter which so highly toucheth his Honour and quiet of Mind unto the desired end and perfection Finally Ye shall understand that the French King among other things doth commit at this time to the Bishop of Bayon and Mr. Iohn Ioachim to treat and conclude the Confederation heretofore spoken of between his Holiness and the King's Highness the French King the Venetians and other Potentates of Italy for a continual Army to be entertained to invade Spain in case it stand by the Emperor that the Peace shall not take effect Wherefore the King's pleasure is That ye having conference with them at good length in that Matter do also for your parts sollicite procure and set forth the same entring also on the King's behalf unto the Treaty and conclusion thereof after such manner as your former Instructions and Writings do purport So as like as the French King is determined that his Agents shall join and concur with you in the King's Pursuits and Causes So ye must also concur with them in advancement of their Affairs the successes whereof and of all other your doings there it shall be expedient ye more often notify hitherto than ye do for many times in one whole month no knowledg is had from you which is not meet in those so weighty Matters specially considering that sometime by such as pass to Lyons ye might find the means to send your Letters which should be greatly to the King 's and my consolation in hearing thereby from time to time how the things succeed there I pray you therefore to use more diligence therein as the Kings and my special trust is in you And heartily fare you well From my Palace besides Westminster the sixth day of April The French King hath sent hither an Ambassiate Monsieur de Langes Brother to the said Bishop of Bayon with certain clauses in his Instructions concerning the said Treaty of Confederation the Copy whereof ye shall receive herewith for your better carrying on that Matter Praying God to speed you well and to give you grace to make a good and short end in your Matters And eft-soons fare ye well Your Loving Friend T. Cardin. Eborac XXIII Another Dispatch to the Ambassadours to the same purpose A Duplicate RIght well beloved Friends I commend me unto you in my hearty manner letting you wit that by the hands of Thadeus bearer hereof the King's Highness hath received your several Letters to the
you so much the more to accelerate as ye know how necessary it is that all diligence and expedition be used in that Matter And so ye all to handle and endeavour your selves there for the time of your demor as ye may do the most benefit and advantage that may be to the speedy furtherance of the said Cause And forasmuch as at the dispatch of your said last Letters ye had not opened unto the Pope's Holiness the last and uttermost Device here conceived and to you written in my Letters sent by the said Alexander but that ye intended as soon as ye might have time and access to set forth the same wherein it is to be trusted since that thing could by no colour or respect to the Emperor be reasonably denied ye have before this time done some good and brought unto perfection I therefore remitting you to such Instructions as ye received at that time advertise you that the King's mind and pleasure is ye do your best to attain the Ampliation of the said Commission after such form as is to you in the said last Letters and Instructions prescribed which if ye cannot in every thing bring to pass at the least to obtain as much to the King's purpose and the benefit of the Cause as ye can wherein all good policy and dexterity is to be used and the Pope's Holiness by all perswasions to be induced thereunto shewing unto the same how ye have received Letters from the King's Highness and me responsives to such as ye wrote of the Dates before rehearsed whereby ye be advertised that the King's Highness perceiving the Pope's strange demeanour in this his great and weighty Cause with the little respect that his Holiness hath either to the importance thereof or to do unto his Holiness at this his great necessity gratuity and pleasure not only cannot be a little sorry and heavy to see himself frustrate of the future hope and expectation that his Grace had to have found the Pope's Holiness a most loving fast near and kind Father and assured Friend ready and glad to have done for his Grace that which of his Power Ordinary or Absolute he might have done in this thing which so near toucheth the King's Conscience Health Succession Realm and Subjects But also marvelleth highly That his Holiness both in Matters of Peace Truce in this the King's Cause and in all other hath more respect to please and content him of whom he hath received most displeasures and who studieth nothing more than the detriment of the See than his Holiness hath either to do that which a good common Father for the well of the Church Himself and all Christendom is bounden and oweth to do or also that which every thing well pondered it were both of Congruence Right Truth Equity Wisdom and conveniency for to do Thinking verily that his Highness deserved to be far otherwise entreated and that not at his most need in things nearest touching his Grace and where the same had his chief and principal confidence thus to have his just and reasonable Petitions rejected and totally to be converted to the arbitre of his Enemy which is not the way to win acquire and conserve Friends to the Pope's Holiness and See Apostolick nor that which a good and indifferent Vicar of Jesus Christ and common Father unto all Princes oweth and is bound to observe Nevertheless ye shall say the King's Highness who always hath shewed and largely comprobate himself a most devout Son unto the See Apostolick must and will take patience and shall pray to God to put in the Pope's mind a more direct and vertuous intent so to proceed in his acts and doing as he may be found a very Father upright indifferent loving and kind and not thus for partial respect fear or other inordinate Affection or cause to degenerate from his best Children showing himself unto them as a Step-Father nor the King's Highness ye shall say can persuade unto himself that the Pope's Holiness is of that nature and disposition that he will so totally fail his Grace in this Matter of so high importance but that by one good mean or other his Holiness will perfectly comprobate the intire love that always the same hath shewed to bear towards his Highness wherein ye shall desire him now to declare by his Acts the uttermost of his intent and disposition so as ye Mr. Stevins and Mr. Brian who be revoked home do not return with void hands or bring with you things of such meagerness or little substance as shall be to no purpose And thus by these or like words seconding to the same effect which as the time shall require and as he shall have cause ye by your Wisdoms can qualifie and devise It is not to be doubted but that the Pope's Holiness perceiving how the Kings Highness taketh this Matter and that two of you shall now return will in expedition of the said Ampliation of the Commission and other things requisite strain himself to do unto the King's Highness as much gratuity and pleasure as may be for the better attaining whereof ye shall also shew how heavy and sorry I with my Lord Legate Campegius be to see this manner of proceeding and the large promises which he and I so often have made unto the King's Highness of the Pope's fast and assured mind to do all that his Holiness etiam ex plenitudine potestatis might do thus to be disappointed most humbly beseeching his Holiness on my behalf by his high Wisdom to consider what a Prince this is the infinite and excellent gratitudes which the same hath exhibited to the Pope's Person in particular and to the See Apostolick in the general the magnitude and importance of this Cause with the Consequences that may follow by the good or ill entreating of the King's Highness in the same wherein ye shall say I have so largely written so plainly for my discharge declared the truth unto his Holiness and so humbly reverently and devoutly made intercession that more can I not add or accumulate thereunto but only pray unto God that the same may be perceived understood and taken as the exigence of the Case and the merits of this Noble Prince doth require trusting always and with fervent desire from day to day abiding to hear from his said Holiness some such thing as I shall now be able constantly to justifie and defend the great things which I and my said Lord Legate have said and attested on his Holiness behalf This with all other such matter as may serve to the purpose ye shall extend as well as ye can and by that means get and attain as much to your purpose for the corroboration and surety of all things to be done here as is possible leaving to speak any more or also to take or admit any rescripts for exhibition of the Brief advocation of the Cause or other of the former degrees seeing that all which shall or can be
this shall be only to signifie unto you how his Highness will that ye now forbear any further pursuit either for Commission Pollicitation or Rescript to be sent to the Emperor for exhibition of the Brief either here or at Rome but that following in every part the tenor of the said Instructions ye Mr. Stevins and Sir Francis Brian use all the diligence possible in your Voyage homeward and the residue of you to intend to such things as be mentioned in the said Instructions ascertaining you that whereas ye were in doubt what is meant by the Protestation spoken of in my former Letters and your Instructions it was none other thing than in the same Instructions was plainly specified and declared That is to say Failing of all your Requests and Pursuits touching the King 's great Matter to have shewed unto his Holiness the danger that might ensue by losing the entire favour of this Prince by mean of his so strange and unkind dealing with his Grace howbeit considering in what state the things now be and how much the Pope's Holiness seemeth to be inclined to the Emperors part And yet as appeareth both by your Letters and by such other knowledg as the King hath his Holiness would gladly conserve the King's Love and Favour and is loth to do any thing to the prejudice of his Cause It is no time to come to any rigorous or extream words with his Holiness but in gentle and modest manner to shew himself in such words as be mentioned in my said last Letters sent by Thadeus and so without irritation of him but with conservation of his favour to entertain his Holiness in the best manner that may be without medling in any other Protestation but only to look what may be done touching such Protestations apart as is mentioned in the said Instructions given to Mr. Benet which with these Letters shall be a sufficient information of you all what to do in the Causes to you committed not doubting but in all other particular suits of Bulls and other things committed unto you ye Mr. Stevins and Sir Francis Brian have or will do your best to bring the same with you the expedition whereof if they be not sped already the King's Highness committeth to the Wisdoms of such of you as shall fortune to be in the Court of Rome at the receipt hereof wherein and in all other things his Highness trusteth and I do the semblable that ye will order your selves with all effectual diligence as the special confidence that is put in you doth appertain And forasmuch as the greatest thing that is to be looked unto is the importune Suit of the Caesareans not only to stop any further things to be granted to the King's Highness but also to revoke the Commission given to the Lord Legate Campegius and to me which should be a clear disappointment and frustration of the King's Cause ye shall therefore look substantially by all politick means to withstand that no such thing be granted assuring the Pope and all the Cardinals and such other as have respect to the well of the See Apostolick that if he should do such an high injury to the King and his Realm and an Act so contumelious to us his Legates and so contrarious to his Faith and Promise he should thereby not fail so highly to irritate the King and all the Nobles of this Realm that undoubtedly they should decline from the obedience of the See Apostolick and consequently all other Realms should do the semblable forasmuch as they should find in the Head of the same neither justness uprightness nor truth and this shall be necessary as the case shall require well to be inculked and put in his head to the intent his Holiness by the same may be preserved from granting passing or condescending to any such thing After these Letters perfected hither and read unto the King's Highness albeit that mention is made in sundry places heretofore that 〈◊〉 well ye Mr. Stevins and Sir Francis Brian if ye be not returned fro◠the Court of Rome as also the rest of the King's Ambassadors which a◠the arrival of Mr. Doctor Bennet shall fortune to be there shall forbea◠to make any further means or pursuit for the New Commission and Pollicitation but clearly to use silence therein yet nevertheless regarding and more profoundly considering the effect of your Letters last sent i◠doth plainly appear that tho after the overture made to the Pope's Holiness of the said New Commission the Business chanced to be made by the Emperor's Ambassador upon preferring a Supplication for advocation of the Cause which thing by your writing Mr. Stevins to Capisuke was well avoided yet was there none express refusal made by the Pope's Holiness to condescend unto the said New Commission but order given that you should consult and confer with the Cardinal Anconitane and Symonette upon the same which Conference by mean of the said Business was deferred and disappointed without any final conclusion or resolution taken thereupon Wherefore inasmuch as yet there appeareth none utter despair of obtaining the said New Commission and Pollicitation with some more fat pregnant and effectual Clauses than the other hath The King's pleasure is That notwithstanding any words before mentioned both ye the said Mr. Stevins and Sir Francis Brian if ye be not departed from the Court of Rome do for the time of your demur there which the King's pleasure is shall not be long but only for taking of your leave and also the rest of the King 's said Orators after your departure shall as ye shall see the case require endeavour your selves as much as may be to obtain the said New Commission and Pollicitation foreseeing always that you handle the matter after such manner as thereby the Pope be not the rather induced to hearken and incline to any persuites of the Imperials for advocation of the Cause which were a total frustration of all the King's intent but so to use your selves as ye shall see to be to the benefit and not to the hindrance thereof Which done the King's Grace doth refer the good handling of this thing to your wisdoms and discretions neither to leave the persuit for the said Commission and Pollicitation if it may without dammage be followed nor to follow it if thereby you shall see apparent danger of any such Advocation or advantage to ensue to the purpose of the Imperialists like as his Highness doubteth not knowing now the King's mind and pleasure you will with wisdom and dexterity order your selves herein accordingly And furthermore you shall in any wise dissuade the Pope for sending either by his Nuntio to be sent unto Spain or otherwise for the Original Brief And if the Nuntio be already passed having charge to speak for sending the same to the Court of Rome then to find the means that a Commandment be by the Pope's Holiness sent after him not to make any mention thereof Which done
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
within this Realm other or otherwise than hereafter in this present Act is declared And that no manner Person nor Persons hereafter to be named elected presented or postulated to any Arch-Bishoprick or Bishoprick within this Realm shall pay the said Annates or First-Fruits for the said Arch-Bishoprick or Bishoprick nor any other manner of Sum or Sums of Mony Pensions or Annates for the same or for any other like exaction or cause upon pain to forfeit to our said Sovereign Lord the King his Heirs and Successors all manner his Goods and Chattels for ever and all the Temporal Lands and Possessions of the same Arch-Bishoprick or Bishoprick during the time that he or they which shall offend contrary to this present Act shall have possess or enjoy the Arch-Bishoprick or Bishoprick wherefore he shall so offend contrary to the form aforesaid And furthermore it is enacted by Authority of this present Parliament That if any Person hereafter named and presented to the Court of Rome by the King or any of his Heirs or Successors to be Bishop of any See or Diocess within this Realm hereafter shall be letted deferred or delayed at the Court of Rome from any such Bishoprick whereunto he shall be so represented by means of restraint of Bulls Apostolick and other things requisite to the same or shall be denied at the Court of Rome upon convenient suit made any manner Bulls requisite for any of the Causes aforesaid any such Person or Persons so presented may be and shall be consecrated here in England by the Arch-Bishop in whose Province the said Bishoprick shall be so alway that the same Person shall be named and presented by the King for the time being to the same Arch-Bishoprick And if any Persons being named and presented as aforesaid to any Arch-Bishoprick of this Realm making convenient suit as is aforesaid shall happen to be letted deferred delayed or otherwise disturbed from the same Arch-Bishoprick for lack of Pall Bulls or other to him requisite to be obtained in the Court of Rome in that behalf that then every such Person named and presented to be Arch-Bishop may be and shall be consecrated and invested after presentation made as is aforesaid by any other two Bishops within this Realm whom the King's Highness or any of his Heirs or Successors Kings of England for the time being will assign and appoint for the same according and in like manner as divers other Arch-Bishops Bishops have been heretofore in ancient time by sundry the King 's most noble Progenitors made consecrated and invested within this Realm And that every Arch-Bishop and Bishop hereafter being named and presented by the King's Highness his Heirs or Successors Kings of England and being consecrated and invested as is aforesaid shall be installed accordingly and shall be accepted taken reputed used and obeyed as an Arch-Bishop or Bishop of the Dignity See or Place whereunto he so shall be named presented and consecrated requireth and as other like Prelates of that Province See or Diocess have been used accepted taken and obeyed which have had and obtained compleatly their Bulls and other things requisite in that behalf from the Court of Rome And also shall fully and entirely have and enjoy all the Spiritualities and Temporalities of the said Arch-Bishoprick or Bishoprick in as large ample and beneficial manner as any of his or their Predecessors had or enjoyed in the said Arch-Bishoprick or Bishoprick satisfying and yielding unto the King our Sovereign Lord and to his Heirs and Successors Kings of England all such Duties Rights and Interests as before this time had been accustomed to be paid for any such Arch-Bishoprick or Bishoprick according to the Ancient Laws and Customs of this Realm and the King's Prerogative Royal. And to the intent our said Holy Father the Pope and the Court of Rome shall not think that the pains and labours taken and hereafter to be taken about the writing sealing obtaining and other businesses sustained and hereafter to be sustained by the Offices of the said Court of Rome for and about the Expedition of any Bulls hereafter to be obtained or had for any such Arch-Bishoprick or Bishoprick shall be irremunerated or shall not be sufficiently and condignly recompensed in that behalf And for their more ready expedition to be had therein it is therefore enacted by the Authority aforesaid That every Spiritual Person of this Realm hereafter to be named presented or postulated to any Arch-Bishoprick or Bishoprick of this Realm shall and may lawfully pay for the writing and obtaining of his or their said Bulls at the Court of Rome and ensealing the same with Lead to be had without payment of any Annates or First-Fruits or other charge or exaction by him or them to be made yielden or paied for the same five pounds Sterling for and after the rate of the clear and whole yearly value of every hundreth pounds Sterling above all charges of any such Arch-Bishoprick or Bishoprick or other mony to the value of the said five pounds for the clear yearly value of every hundreth pounds of every such Arch-Bishoprick or Bishoprick and not above nor in any other wise any things in this present Act before written notwithstanding And forasmuch as the King's Highness and this his High Court of Parliament neither have nor do intend to use in this or any other like cause any manner of extremity or violence before gentle courtesie or friendship ways and means first approved and attempted and without a very great urgent cause and occasion given to the contrary but principally coveting to disburden this Realm of the said great exactions and intolerable charges of Annates and First-Fruits have therefore thought convenient to commit the final order and determination of the Premisses in all things unto the King's Highness So that if it may seem to his high wisdom and most prudent discretion meet to move the Pope's Holiness and the Court of Rome amicably charitably and reasonably to compound other to extinct and make frustrate the payments of the said Annates or First-Fruits or else by some friendly loving and tolerable composition to moderate the same in such wise as may be by this Realm easily born and sustained That then those ways and compositions once taken concluded and agreed between the Pope's Holiness and the King's Highness shall stand in strength force and effect of Law inviolably to be observed And it is also further ordained and enacted by the Authority of this present Parliament That the King's Highness at any time or times on this side the Feast of Easter which shall be in the Year of our Lord God a thousand five hundred and three and thirty or at any time on this side the beginning of the next Parliament by his Letters Pattents under his Great Seal to be made and to be entred of Record in the Roll of this present Parliament may and shall have full power and liberty to declare by the said Letters
Patents whether that the Premisses or any part clause or matter thereof shall be observed obeyed executed and take place and effect as an Act and Statute of this present Parliament or not So that if his Highness by his said Letters Patents before the expiration of the times above-limited thereby do declare his pleasure to be That the Premisses or any part clause or matter thereof shall not be put in execution observed continued nor obeyed in that case all the said Premisses or such part clause or matter as the King's Highness so shall refuse disaffirm or not ratifie shall stand and be from henceforth utterly void and of none effect And in case that the King's Highness before the expiration of the times afore-prefixed do declare by his said Letters Patents his pleasure and determination to be that the said Premisses or every clause sentence and part thereof that is to say the whole or such part thereof as the King's Highness so shall affirm accept and ratifie shall in all points stand remain abide and be put in due and effectual execution according to the purport tenour effect and true meaning of the same and to stand and be from henceforth forever after as firm stedfast and available in the Law as the same had been fully and perfectly established enacted and confirmed to be in every part thereof immediately wholly and entirely executed in like manner form and effect as other Acts and Laws The which being fully and determinately made ordained and enacted in this present Parliament And if that upon the foresaid reasonable amicable and charitable ways and means by the King's Highness to be experimented moved or compounded or otherwise approved it shall and may appear or be seen unto his Grace that this Realm shall be continually burdened and charged with this and such other intolerable Exactions and Demands as heretofore it hath been And that thereupon for continuance of the same our said Holy Father the Pope or any of his Successors or the Court of Rome will or do or cause to be done at any time hereafter so as is above rehearsed unjustly uncharitably and unreasonably vex inquiet molest trouble or grieve our said Sovereign Lord his Heirs or Successors Kings of England or any of his or their Spiritual or Lay-Subjects or this his Realm by Excommunication Excomengement Interdiction or by any other Process Censures Compulsories Ways or Means Be it Enacted by the Authority aforesaid That the King's Highness his Heirs and Successors Kings of England and all his Spiritual and Lay-Subjects of the same without any scruples of Conscience shall and may lawfully to the honour of Almighty God the encrease and continuance of vertue and good example within this Realm the said Censures Excommunications Interdictions Compulsories or any of them notwithstanding minister or cause to be ministred throughout this said Realm and all other the Dominions or Territories belonging or appertaining thereunto All and all manner Sacraments Sacramentals Ceremonies or other Divine Services of the Holy Church or any other thing or things necessary for the health of the Soul of Mankind as they heretofore at any time or times have been vertuously used or accustomed to do within the same and that no manner such Censures Excommunications Interdictions or any other Process or Compulsories shall be by any of the Prelates or other Spiritual Fathers of this Region nor by any of their Ministers or Substitutes be at any time or times hereafter published executed nor divulged nor suffered to be published executed or divulged in any manner of ways Cui quidem Billae praedictae ad plenum intellectae per dictum Dominum Regem ex assensu Autoritate Parliamenti praedicti taliter est Responsum Le Roy le Volt Soit Baille aux comunes A cest Bille Les comunes sont assentes MEmorand quod nono die Julii Anno Regni Regis Henrici vicesimo quinto idem Dominus Rex per Literas suas Patentes sub magno sigillo suo sigillat Actum praedictum ratificavit confirmavit actui illo assensum suum regium dedit prout per easdem Literas Patentes cujus tenor sequitur in haec verba magis apte constat Here follows the King's Ratification in which the Act is again recited and ratified XLII The King 's last Letter to the Pope A Duplicate To the Pope's Holiness 1532. AFter most humble commendations and most devout kissing of your blessed Feet Albeit that we have hitherto differred to make answer to those Letters dated at Bonony the 7 th day of October which Letters of late were delivered unto us by Paul of Cassali Yet when they appear to be written for this Cause that we deeply considering the Contents of the same should provide for the tranquillity of our own Conscience and should purge such Scruples and Doubts conceived of our Cause of Matrimony We could neither neglect those Letters sent for such a purpose nor after that we had diligently examined and perpended the effects of the same which we did very diligently noting conferring and revolving every thing in them contained with deep study of mind pretermit ne leave to answer unto them For sith that your Holiness seemeth to go about that thing chiefly which is to vanquish those Doubts and to take away inquietations which daily do prick our Conscience insomuch as it doth appear at the first sight to be done of Zeal Love and Piety we therefore do thank you of your good will Howbeit sith it is not performed in Deed that ye pretend we have thought it expedient to require your Holiness to provide us other Remedies wherefore forasmuch as your Holiness would vouchsafe to write unto us concerning this Matter we heartily thank you greatly lamenting also both the chance of your Holiness and also ours unto whom both twain it hath chanced in so high a matter of so great moment to be frustrated and deceived that is to say That your Holiness not being instructed nor having knowledg of the Matter of your self should be compelled to hang upon the Judgment of others and so put forth and make answers gathered of other Men being variable and repugnant among themselves And that we being so long sick and exagitate with this same Sore should so long time in vain look for Remedy which when we have augmented our aegritude and distress by delay and protracting of time ye do so cruciate the Patient and Afflicted as who seeth it should much avail to protract the Cause and thorough vain hope of the end of our desire to lead us whither ye will But to speak plainly to your Holiness Forasmuch as we have suffered many Injuries which with great difficulty we do sustain and digest albeit that among all things passed by your Holiness some cannot be laid alledged nor objected against your Holiness yet in many of them some default appeareth to be in you which I would to God we could so diminish as it might appear no default
to the Articles hereafter following The number of which Houses in every County limited in their Commission being annexed to the saâ—d Commission An Original Henry R. FIrst After the Division made one Auditor one particular Receiver one Clerk of the Register of the last Visitation with three other discreet Persons to be named by the King in every County where any such Houses be after their repair to such House shall declare to the Governour and Religious Persons of the same the Statute of Dissolution the Commission and the cause and purpose of their repair for that time Item That after the Declaration made the said Commissioners shall swear the Governors of the Houses or such other the Officers of the same House or other as ye shall think can best declare the state and plight of the same to make declaration and answer to the Articles there under-written Item Of what Order Rule or Religion the same House is and whether it be a Cell or not and if it be a Cell then the Commissioners to deliver to the Governours of the House a Privy Seal and also to injoin him in the King's Name under a great pain to appear without delay before the Chancellor of the Augmentations of the Revenues of the King's Crown and the Council and in the mean time not to meddle with the same Cell till the King's pleasure be further known Item What number of Persons of Religion be in the same and the conversation of their lives and how many of them be Priests and how many of them will go to other Houses of that Religion or how many will take Capacities and how many Servants or Hinds the same House keepeth commonly and what other Persons have their living in the same House Item To survey the quantity or value of the Lead and Bells of the same House as near as they can with the ruin decay state and plight of the same Item Incontinently to call for the Covent-Seal with all Writings and Charters Evidences and Muniments concerning any of the Possessions to be delivered to them and put the same in sure keeping and to take a just Inventory betwixt them and the Governour or other Head-Officer by Indenture of the Ornaments Plate Jewels Chattels ready Mony Stuff of Houshold Coin as well signed as not signed Stock and Store in the Farmor's hands and the value thereof as near as they can which were appertaining to the same Houses the first day of March last past and what debts the House doth owe and to what Person and what Debts be owing to them and by whom Item After to cause the Covent or Common-Seal the Plate Jewels and ready Mony to be put in safe keeping and the residue of the Particulars specified in the Inventory to be left in the keeping of the Governor or some other Head-Officer without wasting or consumption of the same unless it be for necessary expence of the House Item That they command the Governor or other receiver of the same House to receive no Rents of their Farms until they know further of the King's pleasure except such Rents as must needs be had for their necessary Food or Sustenance or for payment of their Servants Wages Item To survey discreetly the Demesnes of the same House that is to say such as have not been commonly used to be letten out and to certifie the clear yearly value thereof Item To examine the true yearly value of all the Farms of the same House deducting thereof Rents reserved Pensions and Portions paied out of the same Synodals and proxies Bailiffs Receivers Stewards and Auditors Fees and the Names of them to whom they be paied and due and to none other Item What Leases hath been made to any Farmer of the Farms pertaining to the same House and what Rent they reserved and to whom and for how many years and a Copy of the Indenture if they can get it or else the Counter-pane Item To search and enquire what Woods Parks Forrests Commons or other Profit belonging to any of the Possessions of the same Houses the Number of the Acres the Age and Value as near as they can Item What Grants Bargains Sales Gifts Alienations Leases of any Lands Tenements Woods or Offices hath been made by any the said Governors of any of the said Houses within one Year next before the 4 th day of February last past and of what things or to what value and to whom and for what estate Item If there be any House of the Religion aforesaid omitted and not certified in the Exchequer then the said Commissioners to survey the same and to make Certificate accordingly Item That they straitly command every Governor of every such House limited in their Commission to Sow and Till their Grounds as they have done before till the King's pleasure be further known Item If there be any House given by the King to any Person in any of the said several Limits of the said Commission the Names whereof shall be declared to the said Commissioners Then the said Commissioners shall immediately take the Covent from the Governor and take an Inventory indented of the Lead Bells Debts Goods Chattels Plate Jewels Ornaments Stock and Store to the King's use and to make sale of the Goods Chattels and other Implements Plate and Jewels only excepted Item The said Commissioners in every such House to send such of the Religious Persons that will remain in the same Religion to some other great House of that Religion by their discretion with a Letter to a Governor for the receipt of them And the residue of them that will go to the World to send them to my Lord of Canterbury and the Lord Chancellor for their Capacities with the Letter of the same Commissioners Item The said Commissioners to give the said Persons that will have Capacities some reasonable Rewards according to the distance of the place by their discretions to be appointed Item The said Commissioners to command the Governour to resort to the Chancellor of the Augmentation for his yearly Stipend and Pension Item If there be any House dissolved or given up to the King by their Deed then the Commissioners shall order themselves in every point and purpose as the Houses given by the King to any other Person in form aforesaid Item Every of the said Commissioners having in charge to survey more than one Shire within the Limits of their Commission immediately after they have perused one Shire parcel of their Charge in form aforesaid shall send to the Chancellour of the Court for the Augmentation of the Revenues of the King's Crown a brief Certificate of all these Comperts according to the Instructions aforesaid what they have done in the Premisses and in every County so surveighed then to proceed further to another County and so as they pass the said Counties to make like Certificate and so forth till their Limits be surveighed and there to remain till they know further of the King's
idleness divers valiant Men fall some to begging and some to theft and murder which after brought to calamity and misery impute a great part thereof to their Friends and Governors which suffered them to be brought up so idely in their Youth where if they had been well educated and brought up in some good Literature Occupation or Mystery they should being Rulers of their own Family have profited as well themselves as divers other Persons to the great commodity and ornament of the Common-weal Also that the said Parsons Vicars and other Curats shall diligently provide that the Sacraments and Sacramentals be duly and reverently ministred in their Parishes and if at any time it hapned them either in any of the Cases expressed in the Statutes of this Realm or of special license given by the King's Majesty to be absent from their Benefices they shall leave their Cure not to a rude and unlearned Person but to an honest well-learned and expert Curate that may teach the rude and unlearned of their Cure wholsome Doctrine and reduce them to the right way that do err and always let them see that neither they nor their Vicars do seek more their own profit promotion or advantage than the profit of the Souls that they have under their Cure or the Glory of God Also the said Dean Parsons Vicars Curats and other Priests shall in no wise at any unlawful time nor for any other cause than for their honest necessity haunt or resort to any Taverns or Ale-houses And after their Dinner and Supper they shall not give themselves to Drinking or Riot spending their time idely by Day or by Night at Tables or Cards-playing or any other unlawful Game but at such times as they shall have such leisure they shall read or hear somewhat of Holy Scripture or shall occupy themselves with some other honest Exercise and that they alway do those things which appertain to good congruence and honesty with profit of the Common-weal having always in mind That they ought to excel all others in purity of life and should be examples to all other to live well and christianly Furthermore Because the Goods of the Church are called the Goods of the Poor and at these days nothing is less seen than the Poor to be sustained with the same all Parsons Vicars Pensionaries Prebendaries and other Beneficed Men within the Deanery not being resident upon their Benefices which may dispend yearly 20 l. or above within this Deanry or elsewhere shall distribute hereafter yearly amongst their poor Parishioners or other Inhabitants there in the presence of the Church-Wardens or some other honest Men of the Parish the fortieth part of the Fruits and Revenues of the said Benefices lest they be worthily noted of Ingratitude which reserving so many parts to themselves cannot vouchsafe to impart the fortieth portion thereof amongst the poor People of that Parish that is so fruitful and profitable unto them And to the intent that Learned Men may hereafter spring the more for the execution of the Premisses Every Parson Vicar Clerk or beneficed Man within this Deanry having yearly to dispend in Benefices and other promotions of the Church an 100 l. shall give competent exhibition to one Scholar and for as many hundred pounds more as he may dispend to so many Scholars more shall give like exhibition in the University of Oxford or Cambridg or some Grammer-School which after they have profited in good Learning may be Partners of their Patrons Cure and Charge as well in preaching as otherwise in the execution of their Offices or may when need shall be otherwise profit the Common-Wealth with their Counsel and Wisdom Also that all Parsons Vicars and Clerks having Churches Chappels or Mansions within this Deanry shall bestow yearly hereafter upon the same Mansions or Chancels of their Churches being in decay the fifth part of their Benefices till they be fully repaired and the same so repaired shall always keep and maintain in good state All which and singular Injunctions shall be inviolably observed of the said Dean Parsons Vicars Curats Stipendiaries and other Clerks and beneficed Men under the pain of suspension and sequestration of the Fruits of their Benefices until they have done their duty according to these Injunctions Cromwel's Letter to Shaxton Bishop of Sarum taken from a Copy writ by his Secretary MY Lord after hearty Commendations I cannot but both much marvel that you whom I have taken as mine trusty Friend should judg me as I perceive by your Letters you do and also be glad that ye so frankly utter your Stomach to me I would thank you for your plain writing and free monitions saving that you seem fuller of suspition than it becometh a Prelate of your sort to be and to say that maketh me more sorry much worse perswaded of me than I thought any of your Learning and Judgment could have been I took a Matter out of your hands to mine if upon conâ—iderations mine Office bind me to do so what cause have ye to complain if I had done this either upon affection or intending prejudice to your estimation you might have expostulated with me and yet if ye then had done it after a gentler sort I should both sooner have amended that I did amiss and also have had better cause to judge your writing to me to be of a friendly heart towards me If ye be offended with my sharp Letters how can your testy words I had almost given them another Name delight me I required you to use no extremity in your Office durus est hic sermo ye call it and when ye have done ye begin again even as tho all being said all were still behind If ye have used none extremity I am I ensure you as glad of it as I ought to be And though ye do not yet upon a complaint my Office bindeth me to succour him that saith he is over-matched and is compelled to sustain wrong I was thus informed and by Persons to whom I gave more credit than I intend to do hereafter if they have abused me as ye would make me believe they have They thus complaining could I do less than grant unto them such Remedies as the King's Highness and his Laws give indifferently to all his Subjects Might I not also somewhat gather that ye proceeded the sorer against the Reader Roger London when I had seen how much you desired the preferment of your Servant to that Revenue My Lord you had shewed your self of much more patience I will not say of much more prudence if ye had contented your self with their lawful Appeal and my lawful Injunctions and rather have written somewhat fully to instruct us in this Matter than thus to desire to conquer me by shrewd words to vanquish me by sharp threp of Scripture which as I know to use travel so I trust to God as great a Clerk as ye be is done already Thus out of their place it becometh
likewise and also there insert every Person 's Name that shall be so wedded christened and buried and for the safe keeping of the same Book the Parish shall be bound to provide of their common charges one sure Coffer with two Locks and Keys whereof the one to remain with you and the other with the Wardens of every such Parish wherein the said Book shall be laid up which Book ye shall every Sunday take forth and in the presence of the said Wardens or one of them write and record in the same all the Weddings Christenings and Buryings made the whole week afore and that done to lay up the Book in the said Coffer as afore And for every time that the same shall be omitted the Party that shall be in the fault thereof shall forfeit to the said Church 3 s. 4 d. to be employed on the reparation of the said Church Item That ye shall every quarter of a year read these and the other former Injunctions given unto you by the Authority of the King's Highness openly and deliberately before all your Parishioners to the intent that both you may be the better admonished of your duty and your said Parishioners the more incited to ensue the same for their part Item Forasmuch as by a Law established every Man is bound to pay the Tithes no Man shall by colour of duty omitted by their Curats detain their Tithes and so redouble one wrong with another or be his own Judg but shall truly pay the same as hath been accustomed to their Parsons and Curats without any restraint or diminution and such lack or default as they can justly find in their Parsons and Curats to call for reformation thereof at their Ordinaries and other Superiors hands who upon complaint and due proof thereof shall reform the same accordingly Item That no Person shall from henceforth alter or change the order and manner of any Fasting-day that is commanded and indicted by the Church nor of any Prayer or of Divine Service otherwise than is specified in the said Injunctions until such time as the same shall be so ordered and transported by the Kings Highness's Authority The Eves of such Saints whose Holy-days be abrogâ—ted be only excepted which shall be declared henceforth to be no Fasting-days excepted also the commemoration of Thomas Becket some-time Arch-Bishop of Canterbury which shall be clean omitted and in the stead thereof the Ferial Service used Item That the knolling of the Avies after Service and certain other times which hath been brought in and begun by the pretence of the Bishop of Rome's pardon henceforth be left and omitted lest the People do hereafter trust to have pardon for the saying of their Avies between the said knolling as they have done in times past Item Where in times past Men have used in divers places in their Processions to sing Ora pro nobis to so many Saints that they had no time to sing the good Suffrages following as Parce nobis Domine and Libera nos Domine it must be taught and preached that better it were to omit Ora pro nobis and to sing the other Suffrages All which and singular Injunctions I minister unto you and your Successors by the King's Highness Authority to me committed in this part which I charge and command you by the same Authority to observe and keep upon pain of Deprivation Sequestration of your Fruits or such other coercion as to the King's Highness or his Vice-gerent for the time being shall seem convenient These are also in the Bp. of London's Register Fol. 29 30. with Bonner's Mandate to his Arch-Deacons for observing them 30 Sept. 1541. Anno Regn. 32. XII Injunctions given by Thomas Arch-Bishop of Canterbury to the Parsons Vicars and other Curats in his Visitation kept sede vacante within the Diocess of Hereford Anno Domini 1538. I. FIrst That ye and every one of you shall with all your diligence and faithful obedience observe and cause to be observed all and singular the King's Highness Injunctions by his Graces Commissaries given in such places as they in times past have visited II. Item That ye and every one of you shall have by the first day of August next coming as well a whole Bible in Latin and English or at the least a New Testament of both the same Language as the Copies of the King's Highness Injunctions III. Item That ye shall every day study one Chapter of the said Bible or New Testament conferring the Latin and English together and to begin at the first part of the Book and so to continue until the end of the same IV. Item That ye or none of you shall discourage any Lay-Man from the reading of the Bible in English or Latin but encourage them to that admonishing them that they so read it for reformation of their own Life and knowledg of their Duty and that they be not bold or presumptuous in judging of Matters afore they have perfect knowledg V. Item That ye both in your Preaching and secret Confession and all other works and doings shall excite and move your Parishioners unto such Works as are commanded expresly of God for the which God shall demand of them a strict reckoning and all other Works which Men do of their own Will or Devotion to teach your Parishioners that they are not to be so highly esteemed as the other and that for the not doing of them God will not ask any accompt VI. Item That ye nor none of you suffer no Friar or Religious Man to have any Cure or Service within your Churches or Cures except they be lawfully dispensed withal or licensed by the Ordinary VII Item That ye and every one of you do not admit any young Man or Woman to receive the Sacrament of the Altar which never received it before until that he or she openly in the Church after Mass or evening Song upon the Holy-day do recite in the vulgar Tongue the Pater Noster the Creed and the Ten Commandments VIII Item That ye and every one of you shall two times in a quarter declare to your Parishioners the Band of Matrimony and what great danger it is to all Men that useth their Bodies but with such Persons as they lawfully may by the Law of God And to exhort in the said Times your Parishioners that they make no privy Contracts as they will avoid the extream pain of the Laws used within the King's Realm by his Graces Authority XIII A Letter of Cromwell's to the Bishop of Landaff directing him how to proceed in the Reformation An Original AFter my right hearty Commendations to your Lordship ye shall herewith receive the King's Highness Letters addressed unto you to put you in remembrance of his Highness travels and your duty touching order to be taken for Preaching to the intent the People may be taught the Truth and yet not charged at the beginning with over-many Novelties the publication whereof unless the same be tempered and
given to me of God and by our said Soveraign Lord the King's Majesty I exhort require and also command all and singular Parsons Vicars Curats and Chantry Priests with other of the Clergy whatsoever they be of my Diocess and Jurisdiction of London to observe keep and perform accordingly as it concerneth every of them in vertue of their Obedience and also upon pains expressed in all such Laws Statutes and Ordinances of this Realm as they may incur and be objected against them now or at any time hereafter for breaking and violating of the same or any of them First That you and every of you shall with all diligence and faithful obedience observe and keep and cause to be observed and kept to the outermost of your Powers all and singular the Contents of the King's Highness most gracious and godly Ordinances and Injunctions given and set forth by his Graces Authority and that ye and every of you for the better performance thereof shall provide to have a Copy of the same in writing or imprinted and so to declare them accordingly Item That every Parson Vicar and Curat shall read over and diligently study every day one Chapter of the Bible and that with the gloss ordinary or some other Doctor or Expositor approved and allowed in this Church of England proceeding from Chapter to Chapter from the beginning of the Gospel of Matthew to the end of the New Testament and the same so diligently studied to keep still and retain in memory and to come to the rehearsal and reâ—ital thereof at all such time and times as they or any of them shall be commanded thereunto by me or any of my Officers or Deputies Item That every of you do procure and provide of your own a Book called The Institution of a Christian Man otherwise called the Bishops Book and that ye and every of you do exercise your selves in the same according to such Precepts as hath been given heretofore or hereafteâ— to be given Item That ye being absent from your Benefices in cases lawfully permitted by the Laws and Statutes of this Realm do suffer no Priest to keep your Cure unless he being first by you presented and by me or my Officers thereunto abled and admitted And for the more and better assurance and performance thereof to be had by these presents I warn and monish peremptorily all and singular Beneficed Parsons having Benefices with Cure within my Diocess and Jurisdiction that they and every of them shall either be personally resident upon their Benefices and Cures before the Feast of St. Michael the Arch-Angel now next ensuing or else present before the said Feast to me the said Bishop my Vicar-General or other my Officers deputed in that behalf such Curats as upon examination made by me or my said Officers may be found able and sufficient to serve and discharge their Cures in their absence and also at the said Feast or before shall bring in and exhibite before my said Officers their sufficient Dispensations authorized by the King's Majesty as well for non-residence as for keeping of more Benefices with Cure than one Item That every Parson Vicar and other Curats once in every quarter shall openly in the Pulpit exhort and charge his Parishioners that they in no wise do make any privy or secret contract of Matrimony between themselves but that they utterly defer it until such time as they may conveniently have the Father and Mother or some other Kinsfolks or Friends of the Person that shall make such Contract of Matrimony or else two or three honest Persons to be present and to hear and record the words and manner of their Contract as they will avoid the extream pains of the Law provided in that behalf if they presumptuously do or attempt the contrary Item That in the avoiding of divers and grievous Offences and Enormities and specially the most detestable sin of Adultery which oft-times hath hapned by the negligence of Curats in marrying Persons together which had been married before and making no due proof of the death of their other Husbands and Wives at the time of such Marriages I require and command you and monish peremptorily by these presents all manner of Parsons Vicars and Curats with other Priests being of my Diocess and Jurisdiction that they nor any of them from henceforth do presume to solemnizate Matrimony in their Churches Chappels or elsewhere between any Persons that have been married before unless the said Parson Vicar Curat or Priest be first plainly fully and sufficiently informed and certified of the Decease of the Wife or Husband of him or her or of both that he shall marry and that in writing under the Ordinaries Seal of the Diocess or place where he or she inhabited or dwelt before under pain of Excommunication and otherwise to be punished for doing the contrary according to the Laws provided and made in that behalf Item That ye and every of you that be Parsons Vicars Curats and also Chauntry-Priests and Stipendiaries do instruct teach and bring up in Learning the best ye can all such Children of your Parishioners as shall come to you for the same or at the least to teach them to read English taking moderately therefore of their Friends that be able to pay so that they may thereby the better learn and know how to Believe how to Pray how to live to God's pleasure Item That every Curat do at all times his best diligence to stir move and reduce such as be at discord to Peace Concord Love Charity and one to remit and forgive one another as often and howsoever they shall be grieved or offended And that the Curat shew and give example thereof when and as often as any variance or discord shall happen to be between him and any of his Cure Item Where some froward Persons partly for malice hatred displeasure and disdain neglect contemn and despise their Curats and such as have the Cure and Charge of their Souls and partly to hide and cloak their leud and naughty living as they have used all the Year before use at length to be confessed of other Priests which have not the Cure of their Souls Wherefore I will and require you to declare and show to your Parishioners That no Testimonials brought from any of them shall stand in any effect nor that any such Persons shall be admitted to God's Board or receive their Communion until they have submitted themselves to be confessed of their own Curats Strangers only except or else upon arduous and urgent Causes and Considerations they be otherwise dispensed with in that behalf either by me or by my Officers aforesaid Item That whereupon a detestable and abominable practice universally reigning in your Parishes the young People and other ill-disposed Persons doth use upon the Sundays and Holy-days in time of Divine Service and preaching the Word of God to resort unto Ale-houses and there exerciseth unlawful Games with great Swearing Blasphemy Drunkenness and
of Bread and Wine The Tenth The Church of Christ hath doth and may lawfully order some Priests to be Ministers of the Sacraments altho the same do not preach nor be not admitted thereunto The Eleventh Priests being once dedicated unto God by the Order of Priesthood and all such Men and Women as have advisedly made Vows unto God of Chastity or Widowhood may not lawfully marry after their said Orders received or Vows made The Twelfth Secret auricular Confession is expedient and necessary to be retained continued and frequented in the Church of Christ. The Thirteenth The Prescience and Predestination of Almighty God altho in it self it be infallible induceth no necessity to the Action of Man but that he may freely use the power of his own will or choice the said Prescience or Predestination notwithstanding I Nicholas Shaxton with my Heart do believe and with my Mouth do confess all these Articles above-written to be true in every part Ne despicias hominem avertentem se a peccato neque improperes ei memento quoniam omnes in corruptione sumus Eccles. 8. XXX A Letter written by Lethington the Secretary of Scotland to Sir William Cecil the Queen of England's Secretary touching the Title of the Queen of Scots to the Crown of England By which it appears that K. Henry's Will was not signed by him I Cannot be ignorant that some do object as to her Majesties Forreign Birth and hereby think to make her incapable of the Inheritance of England To that you know for answer what may be said by an English Patron of my Mistriss's Cause although I being a Scot will not affirm the same that there ariseth amongst you a Question Whether the Realm of Scotland be forth of the Homage and Leageance of England And therefore you have in sundry Proclamations preceding your Warsmaking and in sundry Books at sundry times laboured much to prove the Homage and Fealty of Scotland to England Your Stories also be not void of this intent What the judgment of the Fathers of your Law is and what commonly is thought in this Matter you know better than I and may have better intelligence than I the Argument being fitter for your Assertion than mine Another Question there is also upon this Objection of Forreign Birth that is to say Whether Princes inheritable to the Crown be in case of the Crown exempted or concluded as private Persons being Strangers born forth of the Allegiance of England You know in this case as divers others the State of the Crown the Persons inheritable to the Crown at the time of their Capacity have divers differences and prerogatives from other Persons many Laws made for other Persons take no hold in case of the Prince and they have such Priviledges as other Persons enjoy not As in cases of Attainders and other Penal Laws Examples Hen. 7. who being a Subject was attainted and Ed. 4. and his Father Richard Plantagenet were both attainted all which notwithstanding their Attainders had right to the Crown and two of them attained the same Amongst many Reasons to be shewed both for the differences and that Forreign Birth doth not take place in the case of the Crown as in common Persons the many experiences before the Conquest and since of your King 's do plainly testify 2. Of purpose I will name unto you Hen. 2d Maud the Empress Son and Richard of Bourdeaux the Black Princes Son the rather for that neither of the two was the King of England's Son and so not Enfant du Roy if the word be taken in this strict signification And for the better proof that it was always the common Law of your Realm that in the case of the Crown Forreign Birth was no Bar you do remember the words of the Stat. 25. Ed. 3. where it is said the Law was ever so Whereupon if you can remember it you and I fell out at a reasoning in my Lord of Leicester's Chamber by the occasion of the Abridgment of Rastal wherein I did shew you somewhat to this purpose also these words Infant and Ancestors be in Praedicamento ad aliquid and so Correlatives in such sort as the meaning of the Law was not to restrain the understanding of this word Infant so strict as only to the Children of the King's Body but to others inheritable in remainder and if some Sophisters will needs cavil about the precise understanding of Infant let them be answered with the scope of this word Ancestors in all Provisions for Filii Nepotes and Liberi you may see there was no difference betwixt the first degree and these that come after by the Civil Law Liberorum appellatione comprehenduntur non solum Filii verum etiam Nepotes Pronepotes Abnepotes c. If you examine the Reason why Forreign Birth is excluded you may see that it was not so needful in Princes Cases as in common Persons Moreover I know that England hath oftentimes married with Daughters and married with the greatest Forreign Princes of Europe And so I do also understand that they all did repute the Children of them and of the Daughters of England inheritable in succession to that Crown notwithstanding the Forreign Birth of their Issue And in this case I do appeal to all Chronicles to their Contracts of Marriages and to the opinion of all the Princes of Christendom For tho England be a noble and puissant Country the respect of the Alliance only and the Dowry hath not moved the great Princes to match so often in marriage but the possibility of the Crown in succession I cannot be ignorant altogether in this Matter considering that I serve my Sovereign in the room that you serve yours The Contract of Marriage is extant betwixt the King my Mistris's Grandfather and Queen Margaret Daughter to King Henry the 7 th by whose Person the Title is devolved on my Sovereign what her Fathers meaning was in bestowing of her the World knoweth by that which is contained in the Chronicles written by Polidorus Virgilius before as I think either you or I was born at least when it was little thought that this Matter should come in question There is another Exception also laid against my Soveraign which seems at the first to be of some weight grounded upon some Statutes made in King Hen. 8. time viz. of the 28 th 35 th of his Reign whereby full power and authority was given him the said King Henry to give dispose appoint assign declare and limit by his Letters Patents under his Great Seal or else by his last Will made in writing and signed with his hand at his pleasure from time to time thereafter the Imperial Crown of that Realm c. Which Imperial Crown is by some alledged and constantly affirmed to have been limited and disposed by the last Will and Testament of the said King Hen. 8. signed with his hand before his death unto the Children of the Lady Francis and Elenor Daughter to
upon which he tells a long formal Story for two pages That it was resolved to draw Fisher into it to swear Obedience to the King in all Ecclesiastical Causes with that exception as far as is lawful according to the Word of God which he did and perswaded others to do it and upon this Cranmer taking the New Oath went and pronounced judgment for Divorce There is not one tittle of this true for there was no Oath sworn about the King's Supremacy at this time The Story of Fisher is that which was done by the Convocation two years before Cranmers preferment nor was there any Oath taken then or at this time It is true two years after this Gardiner Stokesley and many other Bishops did of their own accord take such an Oath but there was no Law for it till the 28 th year of the King's Reign 57. He says One Richard Risey or Rouse according to the Records was hired by Ann Boleyn to poison Fisher. Rouse was boiled alive for poisoning the Bishop's Family but did not discover any that set him on it Which none can think but he would have done if the Queen had hired him to it and had then deserted him to perish in so horrid a manner 58. He says Cranmer being by Authority of Parliament freed from his Oath to the Pope and bound by a new one to the King went now confidently to pronounce Sentence The Parliament did not put down the Pope's Authority for eight months after this and appointed no new Oath till three years after For Cranmer sat in Judgment as Primate of England and Legate of the Apostolick See 59. He says Cranmer carried some Bishops with him and having cited the Queen without hearing her he gave sentence against the Marriage Gardiner Stokesly Clark and Longland the Bishops of Winchester London Bath and Lincoln went with him He could not hear the Queen when she would not appear but he examined all the Instruments and Evidences that had been brought in the whole Process 60. He says The Pope would not proceed against the King till he met with the French King at Marseilles but that the English Ambassadors did there carry so insolently that Francis was ashamed of their behaviour and desired the Pope to proceed against the King as he thought fit and that he should never defend him more but should be against him Here the Romance goes on too grosly for the Pope and the French King agreed at Marseilles to bring this matter to an issue the Pope declared he thought the King's Cause was just and right and promised if the King would send a full submission to Rome he would give sentence in his favours Upon which the French King sent over the Bishop of Paris who prevailed with the King to do it tho this afterwards came to nothing It is true Bonner who was always officious and forward when there was any thing to be got by it being sent to Marseilles by the King to deliver an Appeal in the King's Name to the Pope to the next General Council and perhaps knowing nothing of the private Transactions between the Pope and the French King it being a Secret of too great importance to be communicated to such a hot-brain'd Man did deliver his Message to the Pope in such provoking language that the Pope talked of throwing him into a boiling Cauldron and he was fain to fly for it 61. He says The Pope returning to Italy after he had again most carefully reviewed the whole Cause gave sentence This was so precipitated that they would not stay six days beyond the time which they prefixed for the return of the Messenger that was sent to England but dispatched that which by the forms of their Court should have been done in three Consistories all in one day 62. He says Upon this Sentence the King being enraged did command Queen Katharine to be only called Princess and declared her Daughter the Lady Mary a Bastard Both these were done five months before the Pope's Sentence and soon after the Sentence was pronounced by Cranmer And these were the natural consequences of it for the Marriage being annulled neither could she be longer a Queen nor her Daughter Princess any more 63. He says The King imprisoned F. Forest a Franciscan Observant a most holy and learned Man for contradicting Latimer when he was enveighing against the Pope's Authority Concerning this Forest I have seen an Original Letter of one List a Frier of the same House a year after this that says Forest was a great scandal to their House and was very ignorant and that tho he had been much against the King in his Marriage yet he had then insinuated himself into his favour of which many of the House who were for the King's Cause had great apprehensions In the same Letter he writes how cruel they were against any of their Brethren who they thought discovered any thing that was done among them and that one Rainscroft a Brother whom they suspected to have informed what passed among them was cruelly used and kept in Prison till he died which he chiefly imputes to Forest. This Friar swore the King's Supremacy and yet at the same time was perswading others not to do it and being questioned upon it said He took the Oath only with his Outward but not with his Inward Man and for that and his denying the Gospel he was burnt as an obstinate Heretick 64. He says Abell Powel and Fetherston were put in Prison because they consulted with the Maid of Kent This is only charged upon the former of these but the two latter are not accused of any such thing 65. He says Elizabeth being born the 8 th of September but five months after the King had publickly married her Mother could not be the lawful issue of that Marriage This is a malacious Lye for himself confessed that the King was married to her Mother the 14 th of November the former year between which and the 8 th of September there were ten months nor was the King ever after that married publickly to the Queen For what he calls a publick Marriage was only the shewing her openly as Queen But the design of this Lye is so visible that it needs not be opened 66. He says The King's Daughter Mary who was then present could never be induced to think she was the King's Child In the former page he said Mary was sent to her Mother and now forgetting himself too soon he says she was present when Elizabeth was born What Mary's thoughts were none can tell but she publickly acknowledged Her to be her Sister tho she did not use her as one 67. He says Elizabeth Barton who was famed for her sanctity and six with her who thought she was inspired by the Holy Ghost were accused in Parliament Those six knew that she was not inspired and that all that was given out about her was a