and yet do not they affirm that it was by commandment wherefore they make for mine Argument and not for yours Your other Texts of Iohn 21. and Matthew 10. were so throughly answered this other day and so manifestly declared not to appertain to our grounded Argument that I marvel you be not ashamed eft-soons to put them in writing and to found your Argument now so fondly on them for what fonder Argument can be made to prove thereby a necessity of Confession than to say If you confess not I cannot forgive Would a Thief which committeth Felony think himself obliged by the Law to disclose his Felony if the Law say no more but if thou confess not I cannot forgive thee or would theâ—t the sooner therefore to be forgiven This is matter so apparent that none can but perceive except he would not see As touching Origens places by you alledged as the first in Leviticum sheweth that we be as much bound lavare stratum lacrimis as dicere Sacerdoti which no Man I think will affirm that we be bound to do and yet he affirmeth not that any of them is commanded the Text also whereby ye would approve his so saying doth not yet speak quod pronunciabo justitiam meam Sacerdoti but Domino The other of Iames seemeth better to make for extream Unction than for Confession for when was ever the use that Folk coming only to Confession were wont to be anointed with Oil therefore this makes nothing to your Argument As touching Origen in Psal. 37. he saith not quod obligamur dicere Sacerdoti but si confiteantur and seemeth rather to perswade Men that they should not parvipendere Confessionem as all good Folk wold than that they were obliged to Confess them to a Priest Though Cyprian de Lapsis doth praise them which do Confess their Faults to Priests yet doth he confess that we be not bound to do so for he saith in the highest of his praise these words How much be they then higher in Faith and better in fear of God which though they be not bound by any deed of Sacrifice or Book yet be they content sorrowfully to confess to the Priest sins He knowledgeth no bond in us by neither fact of Sacrifice or Libel why alledg you tho he praise Auricular Confession that we should be bound by God and Law thereto This is no proof thereof neither by Reason nor by Scripture nor any good Authority And whereas he saith further Confiteantur singuli quaeso vos fratres delictum suum this doth not argue a precept nor yet the saying of Esay cap. 43. sâ—cundum Septuaginta nor Solomon in the Proverbs 10. for these speak rather of knowledging our Offence to God in our Heart than of Auricular Confession after David the Prophets saying and teaching when he said Tibi soli peccavi that was not to a Priest By the text also which you alledg beginning circa personas vero ministrorum c. you do openly confess that the Church hath not accepted Auricular Confession to be by God's Commandment or else by your saying and Allegation they have long erred for you confess that the Church hath divers times changed both to whom Confession should be made and times when and that also they have changed divers ways for divers Regions if it were by God's Commandment they might not do thus Wherefore my Lord since I hear no other Allegations I pray you blame not me tho I be not of your Opinion and of the both I think that I have more cause to think you obstinate than you me seeing your Authors and Allegations make so little to your purpose And thus fare you well XII A Definition of the Church corrected in the Margent by King Henry's own hand An Original De Ecclesia ECclesia praeter alias acceptiones in Scripturis duas habet praecipuas Unam qua Ecclesia accipitur pro Congregatione Sanctorum vere fidelium qui Christo capiti vere credunt sanctificantur Spiritu ejus haec autem una est vere Sanctum Corpus Christi sed Soli Deo cognitum qui hominum corda solus intuetur Altera acceptio est qua Ecclesia accipitur pro Congregatione omnium Hominum qui baptizati sunt in Christo non palam abnegarint Christum nec sunt excommunicati quae Ecclesiae acceptio congruit ejus Statui in hac vita duntaxat ubi habet malos bonis simul admixtos debet esse cognita per Verbum legitimum usum Sacramentorum ut possit audiri sicut docet Christus Qui Ecclesiam non audierit Porro ad veram unitatem Ecclesiae requiritur ut sit consensus in recta Doctrina Fidei administratione Sacramentorum Traditiones vero ritus atque Caeremoniae quae vel ad decorem vel ordinem vel Disciplinam Ecclesiae ab hominibus sunt institutae non omnino necesse est ut eaedem sint ubique aut prorsus similes hae enim variae fuere variari possunt pro regionum atque morum diversitate commodo sic tamen ut sint consentientes Verbo Dei quamvis in Ecclesia secundum posteriorem acceptionem mali sint bonis admixti atque etiam Ministeriis Verbi Sacramentorum nonnunquam praesint tamen cum ministrent non suo sed Christi nomine mandato authoritate licet eorum ministerio uti tam in verbo audiendo quam recipiendis Sacramentis juxta illud Qui vos audit me audit nec per eorum malitiam imminuitur effectus aut gratia donorum Christi rite accipientibus sunt enim efficacia propter promissionem ordinationem Christi etiamsi per malos exhibeantur The End of the Addenda A Table of the Records and Papers that are in the Collection with which the places in the History to which they relate are marked the first number with the Letter C. is the Page of the Collection the second with the Letter H. is the Page of the History C. H. 1. THe Record of Card. Adrian's Oath of Fidelity to K. Henry the 7th for the Bishoprick of Bath and Wells 3 12 2. P. Julius's Letter to Arch-Bishop Warham for giving K. Henry the 8th the Golden Rose 5 19 3. A Writ for summoning Convocations ibid 20 4. A Writ for a Convocation summoned by Warham on an Ecclesiastical account 6 ibid 5. The Preamble of an Act of Subsidy granted by the Clergie 7 21 6. Bishop Tonstal's License to Sir Tho. More for his reading Heretical Books 8 32 The Second Book 1. The Bull for the King's Marriage with Queen Katherine 9 35 2. The King's Protestation against the Marriage 10 36 3. Cardinal Wolsey's first Letter to Gregory Cassali about the Divorce 12 45 4. Two Letters of Secretary Knight's to the Cardinal and the King giving an account of his Conferences with the Pope concerning the Divorce 21 47 5. A part of a
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
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
herein to the King's purpose then must his Holiness either standing in doubt leave and suffer the Cause to remain in suspence to the extream danger of the King's Realm and Succession for ever or else declare the Bull or Breve or both to be good which I suppose neither his Holiness nor any true Christian Man can do standing the manifest occasions presumptions and apparent evidences to the contrary Then if the matter be not to be left in suspence no judgment can be truly given to the approbation of the Bull or Breve how can the Pope's Holiness of Conscience Honour or Vertue living or dying thus procrastinate or put over the immediate finishing thereof according to the King's desire or how may his Holiness find his Conscience towards God exonerate if either living he should be the cause of so many evils as hereof may arise or dying wilfully leave this so great a Matter by his own default in this confusion incertainty and perplexity It is not to be supposed that ever Prince most devout to the See Apostolick could so long tolerate so high an Injury as being so merited towards the said See is both unacquitted for his kindness with any special Grace and also denied upon his petition of that which is evident to be plain Justice This thing is otherwise to be looked upon than for the Pope's Sickness where most need were to put an end unto it to be delaied seeing that living and amending it is of it self expedient and justifiable and dying it shall be an act both necessary meritorious and honourable For this cause ye now knowing the King's mind in this behalf shall if ye have not already before this time spoken with the Pope's Holiness at length in these Matters as the King's Grace trusteth ye have done sollicite as well by the means of Messiere Iacobo Salviati as by the Bishop of Verone and otherwise as ye can think best to have such commodious access unto his Holiness as ye may declare the Premises unto him which by your wisdoms in as effectual and vive manner as ye can open it unto his Holiness It is undoubtedly to be thought the same shall rather be to his comfort and encrease of Health than to any his trouble or unquietness and that his Holiness hearing these Reasons not evitable will whether he be in way and hope of amendment or otherwise both proceed to the said indication and also to the Declaration of the Law and passing of a sufficient and ample Decretal as hath been devised in the King 's said Cause with other such things as by former Letters and Instructions by the Decrees mentioned in the same that failing have been committed unto you to be solicited and procured there in the labouring whereof albeit since your departures from hence the things have by reasons of the Pope's sore sickness otherwise chanced than was here supposed by means whereof ye not instructed what to do in any such case were peradventure not over-hasty or importune to labour these Matters till the Pope's Holiness might be better amended nor could percase find the means to have convenient access unto his presence for the same ye must nevertheless adhibit such diligence as howsoever the sickness of his Holiness shall cease amend or continue these things be not for the same or any other cause tracted or left in longer suspense but finding possible means to come unto the Pope's presence to declare all such things unto the same mentioned both in the former Letters and Instructions given unto you and also in these presents as may make to the purpose and failing of often access in your own Persons to his Holiness ye cause the Bishop of Verone and other such assured Friends as ye can attain being about him at such times as they may have with his Holiness to inculcate unto him the said Points and Considerations and all other that ye can excogitate and devise to the furtherance and advancement of these Matters not forbearing or sparing also if ye shall see difficulty at the Pope's hand or in audience to be given to you or your Friends there being about his Person to break and open after a good fashion and manner the same unto such of the Cardinals as ye may perceive assuredly and constantly to favour the King's Highness and the French King in Election of a future Pope in case as God forbid the Pope's Holiness should decease and to shew unto the same Cardinals all such things as you shall think meet both for their more ample instructions in the truth and specialities of the Matters as well concerning the Indication of Truce as the King 's said Cause and the presumptuous Reasons and plainer Evidences leading to the insufficiency of the Bull and apparent falsity of the said Breve to the intent that as many of the said Cardinals as ye can win made sure in those Matters they may both in time of sickness and also of amendment move and induce the Pope's Holiness thereunto laying before him as well the Merits and Honour that may ensue by the perfection of the Premises as the danger imminent by the contrary and semblably it shall be expedient that ye win and make sure to the same purpose as many of the Officers of the Rota and other as ye can who as ye write be not accustomed nor will give counsel to any Person but the Pope's Holiness for albeit ye cannot have them to be of the King's Council yet nevertheless they may do as much good or more in training and counselling the Pope's Holiness upon the great Reasons that you can shew unto them to hearken unto your Overtures in this behalf To which purpose you shall adjure make and win as many Friends of the Cardinals of them and other as ye possibly may as for the thing which the King's Highness and I more esteem than twenty Papalities and amongst other ye shall insist by all means and good persuasions ye can for the continuance there of the said Bishop of Verone so as he may countervail the Arch-Bishop of Capuan who as it seemeth is continually about the Pope's Person and were necessary to be met with in the labours and persuasions which by likelihood he maketh to the hindrance of the King's Purpose For the better continuing of the which Bishop of Verone not only the King's Highness and I write unto him at this time as by the Copy of the same several Letters being herewith ye shall perceive but also the French King will do the semblable And furthermore to the intent that the Pope's Holiness may well perceive that not only the said French King mindeth the King 's said Cause and taketh it to heart as much as it were his own and will effectually join and concur with the King's Highness therein but that also he is and will be conformable to the said Indication He will send thither with all speed the Bishop of Bayon to further sollicite and set forth the
same who before his departure from hence which was a good season passed was and is sufficiently and amply instructed in all things requisite to this purpose and not only in these Matters but also in such other as were written unto you by Vincent de Cassalis and Hercules upon advertisement given hither that the Pope's Holiness was deceased so as ye may be sure to have of him effectual concurrence and advice in the furtherance and sollicitation of your Charges whether the Pope's Holiness amend remain long sick or as God forbid should fortune to die trusting that being so well furnished by all ways that can be devised ye will not fail to use such diligence as may be to the consecuting and attaining of the King's Purpose wherein tho ye be so amply and largely instructed that more cannot be yet nevertheless having lately received from the Bishop of Worcester a Memorial of divers great things to be well noted and considered for trial of the falsity of the said Brieve I send you herewith a Copy of the same Memorial to the intent ye substantially visiting and perusing the same may follow and put in execution such part thereof for better trial of the falsity as is to be done there like as the rest meet to be done here shall not fail to be executed with diligence accordingly Thus be ye with these and other former Writings sufficiently instructed what is to be done by you there whether the Pope's Holiness continue long in his sickness or whether the same fortune to decease or soon God willing to amend There resteth no more but that ye always take for a perfect ground That tho to every new chance not before known sufficient Provision and Instruction could not be given to you at your departure ye always note remember and regard That this the King's Cause admitteth nor suffereth any manner negative tract or delay wherefore knowing that so well as ye do and also how much the Indiction of the Truce shall be commodious and necessary both to the King's Highness in particular and to all Christendom in general by means whereof his Grace shall avoid Contribution and other Charges of the War ye must now if ever you will have thanks laud or praise for your Service employ your selves opportune importune to put an end to the Points to the King's satisfaction and desire and in every difficulty to study by your Wisdoms the best and next Remedy and not always to tract your doings till upon your Advertisement hither ye shall have new knowledg from hence For thereby the matter it self and also your demur there be of over-long a continuance and infinite inconveniences by the same may ensue I therefore require you according to the special trust and confidence that the King's Highness and I have in you now for ever to acquit your selves herein with all effect possible accordingly so as the King's Highness be not longer kept in this perplexity and suspence to his Graces intolerable inquietness and the great heaviness of all those that observe and love the same Furthermore tho it so be that the King's Trust and also mine is Ye will by your Wisdom find such good means and ways as ye shall not fail God willing to open and declare unto the Pope's Holiness the whole of the King's Mind and all and singular the Premisses with the residue above-mentioned in your former Instructions and Letters sent unto you Yet nevertheless considering what ye wrote of the doubt of continuance of the Pope's sickness and to make sure for all Events and Chances in case his Holiness as God forbid should long remain in such state as he might either take upon him the naming of the Peace journying and repairing to the sacre Diet nor also hear the whole of the things by you to be opened and propounded touching the King 's said Cause It hath been thought to the King's Highness convenient rather than these great and weighty Matters should hang in longer suspense to excogitate some other good means and way how these Matters so necessary may by some ways be conduced and brought to an end And it is this That the Pope's Holiness not being able to travel to the place devised where the Princes may be near him for Treaty and managing of the Peace he do depute me and my Lord Cardinal Campegius conjunctim divisim as his Legats for that purpose to do and execute all such things in his Holiness's Name as the same should do in that behalf if he were there present whereunto for the well of Christendom we shall be contented to condescend So always that as hath been written heretofore unto you before I pass or set forth to any Convention or Place to the intent before specified the Kings Highness be fully satisfied and pleased in his said matter of Matrimony without which neither with nor without the Pope's presence I will ever begin or take that Voyage for performance whereof this Article following is of new devised to be by you propounded unto his Holiness if the Decretals cannot be obtained or some other thing that ye shall well know and perceive by advice of expert Counsel there to be better to the Kings purpose than this thing now devised and that may without tract be passed or granted that is to say That his Holiness do enlarge extend and amplify his Commission given to me and my Lord Legate Campegius whereby we jointly and severally may be sufficiently furnished and authorized to do as much in this cause of Matrimony with all the emergents and dependencies upon the same as his Holiness may do of his ordinary and absolute Power with sufficient and ample Clauses ad Decernend Interpretand jura leges Rescripta quaeâ—unque hoc Matrimonium concernentia una cum omnibus singulis dubiis in eadem causa emergentibus And further to make out Compulsories to any Princes or Persons of what preheminence dignity state or condition soever they be Etiam si in Imperiali Regali vel alia quacunque dignitate perfulgeant sub quibuscunque poenis and in what Countries and places soever they be to exhibit and produce any manner Witness Records Originals Rescripts or other thing in what place or time we or the one of us shall require them or any of them in this behalf with all and singular the Circumstances requisite and necessary to such a Commission after such ample and assured manner as the same once had we shall not need for any Objections doubt or other thing that might infringe or lack to send of new to the Pope's Holiness for other provision whereby the King 's said Cause might hang in any longer tract or delay In which case of coming to this Commission ye Mr. Stevins must have special regard to see the same sufficiently and substantially penned by advice of the most expert Men that ye can find to that purpose For the better doing whereof I send unto you herewith a Copy
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
demand of both Parties The 16 th of this present the Datary on the Pope's behalf sent unto me Edward Karne an Intimation for disputation of the Consistory to be kept the 20 of this present and that I should send the Conclusions not disputed that they might be in the said Consistory disputed adding withal that the said Consistory should be ultimus peremptorius terminus quoad alias Disputationes Of the which Intimation your Highness shall receive a Copy herewith Upon this with the advice of your Ambassadors and Counsel here I repaired unto the said Datary and brought unto him three Conclusions to be disputed with a Protestation De non recedendo ab ordine hactenus observato according to the Proem of the said Conclusions the Copy whereof your Highness shall receive herewith Afterwards with the same Conclusions and Protestation I went to Cardinal de Monte who said at the beginning That all the Consistory crieth out upon the Disputations and that we had been heard sufficiently and that it was enough that we should have the fourth Disputation adding withal That it was a thing never seen before after such sort and that it stood not with the honour of the See to have such Disputations in the Consistory to the great disquieting of the Pope and the Cardinals especially considering the manner that is used and that all the Conclusions be touched which should content us To this I answered and desired his most Reverend Lordship to call to his remembrance what he had promised to your Highness's Ambassadors and me in the Castel-Angel upon Shrove-Sunday the Pope being present and allowing the same contented that all the Conclusions should be disputed singulariter and that I should at my pleasure from time to time chuse the Conclusions to be disputed And how also afterward viz. 17 Febr. the Pope's Holiness Cardinal Ancona and his Lordship not going from that promise gave direction for three Conclusions to be disputed every Consistory the choice whereof to be at my liberty according to the Copy of the said Order which I sent to your Highness with my Letters of the date of the 22 of the last And furthermore that what time the order to dispute three Conclusions in a Consistory was sent unto me and I required to send the Conclusions first to be disputed according to the said order I did to avoid all manner of doubts protest afore I would accept it and in the deliverance of the said Conclusions that I would not otherwise accept it but that all the Conclusions according to the order promised in Castel-Angel should be disputed and examined singulariter and that standing and not otherwise I delivered my said Conclusions according to the Order of the 17 th of February which Order the Pope's Holiness hitherto had approved and observed and from that I neither could nor would go from And where he said that we had been heard sufficiently I said that Audience and Information of less than the one half of a Matter could not be sufficient and if they intended to see the truth of the whole every point must be discussed And as for the crying out of the Cardinals I said They had no cause so to do for it was more for the honour of the See Apostolick to see such a Cause as this is well and surely tried so that the Truth may appear and the Matters be well known than to proceed praecipitanter as they did at the beginning of this Matter afore they well knew what the Matter was And as touching the disquieting the Pope's Holiness and the said Cardinals I said your Highness for their pains was much beholden unto them nevertheless I said that they might on the other side ponder such pains as your Highness hath taken for them in part declared by me which was much more than for them to sit in their Chairs two or three hours in a week to hear the justice of your defence in this cause And as touching the manner used in the said Disputation I said his Lordship knew well that it was by the Party adverse which all manner of ways goeth about to fatigate and make weary the Consistory of the Disputations specially in chiding scolding and alledging Laws and Decisions that never were nor spoken of by any Doctor and vainly continuing the time to the intent that the Pope's Holiness and the Cardinals dissolving the Consistory and not giving audience the said Party without Law Reason or any good ground might attain their desire and keep under the Truth that it should not appear and if any thing was sharply spoken of our Party I said it was done only for our defence and to shew the errors and falsity of the Queen's Advocates in their Allegations wherein I said they should not be spared And forasmuch as on the behalf of your Highness there was nothing spoken but that which was grounded upon Law and declared in what place so that it cannot be denied I desired his Lordship that he would continue his goodness in this Matter as your Highness's especial trust was he would do and that we might always as we were accustomed have recourse unto the same in all our Business for his good help and counsel His Lordship not yet satisfied said That as concerning the Order the Pope's Holiness might interpretate and declare what he meaned by it and as touching the Conclusions they were superfluous impertinent and calumnious only proposed to defer the Matter I answered and said That to interpretate the said Order where it is clear out of doubt the Pope's Holiness considering the promise made on Shrove-Sunday with my Protestation foresaid and the execution of the said Order to that time in divers Consistories observed could not by right interpretate the said Order admitting disputation upon all the Conclusions and of this I said That if such alterations were made without any cause given of your Highness's Party there was little certainty to be reckoned upon amongst them And as touching the superfluity and impertinency of the said Conclusions I said That that was the saying of the Party adverse that did not understand the same Conclusions And further that such Conclusions as were clamorously by the Advocates of the Party adverse alledged to be superfluous his Lordship in the Disputation and trial thereof in the Consistory did manifestly perceive that it was not so And where it was alledged the said Conclusions to be calumnious and laid in to defer the Process I answered That we might well alledg again the Counsel of the Party adverse the thing against us alledged and say truly that we were calumniously dealed withal seeing the matters were so just and clear and yet not admitted Then his Lordship went further and said that Impedimentum allegatum erat perpetuum because your Highness ex causa reipublicae could not come out your Realm and quia dignitas vestra est perpetua and also quod Causa requirit celeritatem To this I said that his
at last expedited at what Rates I cannot tell but this I set down to show how severe the Exactions of the Court of Rome were As the Pope recovered his health so he inclined more to joyn himself to the Emperor than ever and was more alienated than formerly from the King and the Cardinal which perhaps was increased by the distaste he took at the Cardinals aspiring to the Popedom The first thing that the Emperor did in the Kings Cause was to protest in the Queen of Englands name that she refused to submit to the Legates The one was the Kings chief Minister and her mortal enemy The other was also justly suspected since he had a Bishoprick in England The Kings Ambassador pressed the Pope much not to admit the Protestation but it was pretended that it could not be denyed either in Law or Justice But that this might not offend the King Salviati that was the Popes Favourite wrote to Campegio that the Protestation could not be hindred but that the Pope did still most earnestly desire to satisfie the King and that the Ambassadors were much mistaken who were so distrustful of the Popes good mind to the Kings Cause But now good words could deceive the King no longer who clearly discovered the Popes mind and being out of all hopes of any thing more from Rome resolved to proceed in England before the Legates and therefore Gardiner was recalled who was thought the fittest person to manage the Process in England being esteemed the greatest Canonist they had and was so valued by the King that he would not begin the Process till he came Sr. Francis Brian was also recalled and when they took leave of the Pope they were ordered to Expostulate in the Kings name Upon the Partiality he expressed for the Emperor notwithstanding the many assurances that both the Legates had given the King that the Pope would do all he could toward his Satisfaction which was now so ill performed that he expected no more justice from him They were also to say as much as they could devise in the Cardinals name to the same purpose upon which they were to try if it were possible to obtain any Enlargement of the Commission with fuller Power to the Legates for they saw it was in vain to move for any new Bulls or Orders from the Pope about it And though Gardiner had obtained a Pollicitation from the Pope by which he both bound himself not to recal the cause from the Legates and also to confirm their Sentence and had sent it over they found it was so conceived that the Pope could go back from it when he pleased So there was a new Draught of a Pollicitation formed with more binding Clauses in it which Gardiner was to try if he could obtain by the following Pretence He was to tell the Pope that the Courier to whom he trusted it had been so little careful of it that it was all wet and defaced and of no more use so that he durst not deliver it And this might turn much to Gardiners prejudice that a matter of such Concern was through his neglect spoiled upon which he was to see if the Pope would renew it If that could be obtained he was to use all his Industry to get as many pregnant and material words added as might make it more binding He was also to assure the Pope that though the Emperor was gone to Barcellona to give reputation to his affairs in Italy yet he had neither Army nor Fleet ready so that they needed not fear him And he was to inform the Pope of the Arts he was using both in the English and French Court to make a separated Treaty But that all was to no pâ—rpose the two Kings being so firmly linked together But the Pope was so great a Master in all the Arts of Dissimulation and Policy that he was not to be overreached easily and when he understood that his Polliâ—itation was defaced he was in his heart glad at it and could not be prevailed with to renew it So they returned to England and Dr. Bennet came in their place He carryed with him one of the fullest and most important Dispatches that I find in this whole matter from the two Legates to the Pope and the Consistory who wrote to them that they had in vain endeavoured to perswade either party to yield to the other That the Breve being shewed to them by the Queen they found great and evident Presumptions of it's being a meer forgery and that they thought it was too much for them to sit and try the Validity or Authenticalness of the Popes Bulls or Breves or to hear his Power of Dispencing in such cases disputed therefore it was more expedient to Avocate the cause to which the King would consent if the Pope obliged himself under his hand to pass Sentence speedily in his favour but they rather advised the Granting a Decretal Bull which would put an end to the whole matter in order to which the Bearer was Instructed to show very good Precedents But in the mean while they advised the Pope to press the Queen most effectually to enter into a Religious life as that which would compose all these differences in the softest and easiest way It pitied them to see the rack and torments of Conscience under which the King had smarted so many years and that the Disputes of Divines and the Decrees of Fathers had so disquieted him that for clearing a matter thus perplexed there was not only need of Learning but of a more singular Piety and Illumination To this were to be added the desire of Issue the Settlement of the Kingdom with many other pressing reasons that as the matter did admit of no further delays so there was not any thing in the opposite scale to ballance these Considerations There were false Suggestions surmised abroad as if the hatred of the Queen or the desire of another wife who was not perhaps yet known much less designed were the true causes of this Suit But though the Queen was of a rough Temper and an unpleasant Conversation and was passed all hopes of Children yet who could imagine that the King who had spent his most youthful days with her so kindly would now in the decline of his Age be at all this trouble to be rid of her if he had no other Motives But they by searching his sore found there was rooted in his heart both an awe of God and a respect to Law and Order so that though all his people pressed him to drive the Matter to an issue yet he would still wait for the decision of the Apostolick See Therefore they most pressingly desire the Pope to grant the Cure which his distemper required and to consider that it was not fit to insist too much on the Rigour of the Law but since the Soul and Life of all the Laws of the Church was in the Popes breast in doubtful cases
where there was great hazard he ought to mollifie the severity of the Laws which if it were not done other Remedies would be found out to the vast prejudice of the Ecclesiastical Authority to which many about the King advised him There was reason to fear they should not only lose a King of England but a Defender of the Faith The Nobility and Gentry were already enraged at the delay of a Matter in which all their Lives and Interests were so nearly concerned and said many things against the Popes Proceedings which they could not relate without horror And they plainly complained that whereas Popes had made no scruple to make and change divine Laws at their pleasure yet one Pope sticks so much at the Repealing what his Prodecessor did as if that were more sacred and not to be medled with The King betook himself to no ill Arts neither to the charms of Magitians nor the Forgeries of Impostours therefore they expected such an Answer as should put an end to the whole matter But all these things were to no purpose the Pope had taken his measures ard was not to be moved by all the reasons or Remonstrances the Ambassador could lay before him The King had absolutely gained Campegio to do all he could for him without losing the Popes favour He led at this time a very dissolute life in England hunting and gaming all the day long and following whores all the night and brought a Bastard of his own over to England with him whom the King Knighted so that if the King sought his pleasure it was no strange thing since he had such a Copy set him by two Legates who representing his Holiness so lively in their manners it was no unusual thing if a King had a slight sense of such disorders The King wrote to his Ambassadors that he was satisfied of Campegio's love and affection to him and if ever he was gained by the Emperors Agents he had said something to him which did totally change that Inclination The Imperialists being Alarm'd at the recalling of some of the English Ambassadors and being Informed by the Queens means that they were forming the Process in England put in a Memorial for an Avocation of the cause to Rome The Ambassadors answered that there was no Colour for asking it since there was nothing yet done by the Legates For they had strict orders to deny that there was any Process forming in England even to the Pope himself in private unless he had a mind it should go on but were to use all their Endeavours to hinder an Avocation and plainly in the Kings name to tell the Pope that if he granted that the King would look on it as a Formal decision against him And it would also be an high affront to the two Cardinals and they were thereupon to Protest that the King would not obey nor consider the Pope any more if he did an Act of such high Injustice as after he had granted a Commission upon no complaint of any Illegality or Injust Proceedings of the Legates but only upon surmises and suspitions to take it out of their hands But the Pope had not yet brought the Emperor to his Terms in other things therefore to draw him on the faster he continued to give the English Ambassador good words and in discourse with Peter Vannes did insinuate as if he had found a means to bring the whole matter to a good Conclusion and spoke it with an Artificial smile adding In the name of the Father c. But would not speak it out and seemed to keep it up as a secret not yet ripe But all this did afterwards appear to be the deepest Dissimulation that ever was practised And in the whole Process though the Cardinal studied to make tricks pass upon him yet he was always too hard for them all at it and seemed as Infallible in his Arts of Jugling as he pretended to be in his Decisions He wrote a Cajoling Letter to the Cardinal but words went for nothing Soon after this the Pope complained much to Sr. Gregory Cassali of the ill usage he received from the French Ambassador and that their Confederates the Florentines and the Duke of Ferrara used him so ill that they would force him to throw himself into the Emperors hands and he seemed inclined to grant an Avocation of the cause and complained that there was a Treaty of peace going on at Cambray in which he had no share But the Ambassador undertook that nothing should be done to give him just offence yet the Florentines continued to put great affronts on him and his Family and the Abbot of Farfa their General made excursions to the gates of Rome so that the Pope with great signs of fear said that the Florentines would some day seize on him and carry him with his hands bound behind his back in Procession to Florence and that all this while the Kings of England and France did only entertain him with good words and did not so much as restrain the Insolencies of their Confederates And whereas they used to say that if he joyned himself to the Emperor he would treat him as his Chaplain he said with great Commotion that he would not only choose rather to be his Chaplain but his horse-Groom than suffer such injuries from his own Rebellious Vassals and Subjects This was perhaps set on by the Cardinals Arts to let the Pope feel the weight of offending the King and to oblige him to use him better but it wrought a contrary effect for the Treaty between the Emperor and him was the more advanced by it And the Pope reckoned that the Emperor being as he was informed ashamed and grieved for the taking and Sacking of Rome would study to repair that by better usage for the future The Motion for the Avocation was still driven on and pressed the more earnestly because they heard the Legates were proceeding in the cause But the Ambassadors were instructed by a Dispatch from the King to obviate that carefully for as it would reflect on the Legates and defeat the Commission and be a gross violation of the Popes Promise which they had in writing so it was more for the Popes Interest to leave it in the Legates hands than to bring it before himself for then whatever Sentence passed the ill effects of it would ly on the Pope without any Interposition And as the King had very just exceptions to Rome where the Emperors forces lay so near that no safety could be expected there so they were to tell the Pope that by the Laws of England the Prerogative of the Crown Royal was such that the Pope could do nothing that was prejudicial to it To which the citing the King to Rome to have his cause decided there was contrary in a high degree And if the Pope went on notwithstanding all the diligence they could use to the contrary they
proper judge in that And it was odds but he would judge favourably for himself The Court Adjourned to the 12th and from that to the 14th On these days the Depositions of the rest of the Witnesses were taken and some that were ancient Persons were examined by a Commission from the Legates and all the Depositions were published on the 17th other instruments relating to the Process were also read and verified in Court On the 21th the Court saâ—e to conclude the matter as was expected and the Instrument that the King had Signed when he came of Age protesting that he would not stand to the Contract made when he was under Age was then read and verified Upon which the Kings Council of whom Gardiner was the chief closed their Evidence and summed up all that had been brought and in the Kings name desired Sentence might be given But Campegio pretending that it was fit some interval should be between that and the Sentence put it off till the 23th being Friday and in the whole Process he presided both being the ancienter Cardinal and chiefly to show great equity since exceptions might have been taken if the other had appeared much in it so that he only sate by him for form But all the Orders of the Court were still directed by Campegio On Friday there was a great appearance and a general expectation but by a strange surprize Campegio Adjourned the Court to the 1st of October for which he pretended that they sate there as a part of the Consistory of Rome and therefore must follow the Rules of that Court which from that time till October was in a Vacation and heard no Causes And this he averred to be true on the word of a true Prelate The King was in a Chamber very near where he heard what passed and was inexpressibly surprized at it The Dukes of Norfolk and Suffolk were in Court and complained much of this delay and pressed the Legates to give Sentence Campegio answered that what they might then pronounce would be of no force as being in Vacation-time but gave great hopes of a favourable Sentence in the beginning of October Upon which the Lords spake very high And the Duke of Suffolk with great Commotion Swore by the Mass that he saw it was true which had been commonly said That never Cardinal yet did good in England and so all the Temporal Lords went away in a fury leaving the Legates Wolsey especially in no small perplexity Wolsey knew it would be suspected that he understood this before-hand and that it would be to no purpose for him either to say he did not know or could not help it all Apologies being ill heard by an enraged Prince Campegio had not much to lose in England but his Bishoprick of Salisbury and the reward he expected from the King which he knew the Emperor and the Pope would plentifully make up to him But his Collegue was in a worse condition he had much to fear because he had much to lose For as the King had severely chid him for the delays of the business so he was now to expect a heavy storm from him and after so long an Administration of Affairs by so insolent a Favourite it was not to be doubted but as many of his Enemies were joyning against him so matter must needs be found to work his ruin with a Prince that was Alienated from him Therefore he was under all the disorders which a fear that was heightned by Ambition and Covetousness could produce But the King govern'd himself upon this occasion with more temper than could have been expected from a man of his humour Therefore as he made no great show of disturbance so to divert his uneasie thoughts he went his Progress Soon after he received his Agents Letter from Rome and made Gardiner who was then Secretary of State write to the Cardinal to put Campegio to his Oath whether he had revealed the Kings Secrets to the Pope or not And if he Swore he had not done it to make him Swear he should never do it A little after that the Messenger came from Rome with a Breve to the Legates requiring them to proceed no further and with an Avocation of the Cause to Rome together with Letters Citatory to the King and Queen to appear there in Person or by their Proxies Of which when the King was advertised Gardiner wrote to the Cardinal by his order That the King would not have the Letters Citatory executed or the Commission discharged by vertue of them but that upon the Popes Breve to them they should declare their Commission void For he would not suffer a thing so much to the prejudice of his Crown as a Citation be made to appear in another Court nor would he let his Subjects imagine that he was to be Cited out of his Kingdom This was the first step that he made for the lessening of the Popes Power Upon which the two Cardinals for they were Legates no longer went to the King at Grafton It was generally expected that Wolsey should have been disgraced then for not only the King was offended with him but he received new Informations of his having juggled in the business and that he secretly advised the Pope to do what was done This was set about by some of the Queens Agents as if there was certain knowledge had of it at Rome and it was said that some Letters of his to the Pope were by a trick found and brought over to England The Emperor lookt on the Cardinal as his inveterate Enemy and designed to ruin him if it was possible nor was it hard to perswade the Queen to concur with him to pull him down But all this seems an artifice of theirs only to destroy him For the earnestness the Cardinal expressed in this matter was such that either he was sincere in it or he was the best at dessembling that ever was But these suggestions were easily infused in the Kings angry mind so strangely are men turned by their affections that sometimes they will believe nothing and at other times they believe every thing Yet when the Cardinal with his Colleague came to Court they were received by the King with very hearty expressions of kindness and Wolsey was often in private with him sometimes in presence of the Council and sometimes alone once he was many hours with the King alone and when they took leave he sent them away very obligingly But that which gave Cardinal Wolsey the most assurance was that all those who were admitted to the Kings privacies did carry themselves towards him as they were wont to do both the Duke of Suffolk Sir Thomas Boleyn then made Vis-count of Rochford Sir Brian Tuke and Gardiner concluding that from the motions of such Weather-cocks the air of the Princes affections was best gathered Anne Boleyn was now brought to the Court again out of which she had been dismissed for some
Cardinal A King of France desired a Dispensation to Marry his Wives Sister The matter was long considered of and debated in the Rota himself being there and bearing a share in the Debate but it was concluded That if any Pope either out of Ignorance or being Corrupted had ever granted such a Dispensation that could be no president or warrant for doing the like any more since the Church ought to be governed by Laws and not by such Examples Antonin and Ioannes de Tabia held the same And one Bacon an English-man who had taught the contrary was censured for it even at Rome and he did retract his Opinion and acknowledged that the Pope could not dispence with the Degrees of Marriage forbidden by the Law of God The Canonists agree also to this both Ioannes Andreas Ioannes de Imola and Abbas Panormitanus assert it saying That the Precepts in Leviticus oblige for ever and therefore cannot be dispenced with And Panormitan says These things are to be observed in Practice because great Princes do often desire Dispensations from Popes Pope Alexander the 3d. would not suffer a Citizen of Pavia to Marry his younger Son to the Widow of his eldest Son though he had Sworn to do it For the Pope said it was against the Law of God therefore it might not be done and he was to repent of his unlawful Oath And for the Power of dispencing even with the Laws of the Church by Popes it was brought in in the latter Ages All the Fathers with one consent believed That the Laws of God could not be dispenced with by the Church for which many places were cited out of St. Cyprian Basil Ambrose Isidore Bernard and Urban Fabian Marcellus and Innocent that were Popes besides an infinite number of latter Writers And also the Popes Zosimus Damasus Leo and Hilarius did freely acknowledge they could not change the Decrees of the Church nor go against the Opinions or Practices of the Fathers And since the Apostles confessed they could do nothing against the truth but for the truth the Pope being Christs Vicar cannot be supposed to have so great a Power as to abrogate the Law of God and though it is acknowledged that he is Vested with a fulness of Power yet the phrase must be restrained to the matter of it which is the Pastoral care of Souls And though there was no Court Superiour to the Popes yet as St. Paul had withstood St. Peter to his face so in all Ages upon several occasions holy Bishops have refused to comply with or submit to Orders sent from Rome when they thought the matter of them unlawful Laurence that Succeeded Austin the Monk in the See of Canterbury having Excommunicated King Edbald for an Incestuous Marriage would not Absolve him till he put away his Wife though the Pope plied him earnestly both by Intreaties and Threatnings to let it alone and Absolve him Dunstan did the like to Count Edwin for an other Incestuous Marriage nor did all the Popes Interposition make him give over They found many other such instances which occurred in the Ecclesiastical History of Bishops proceeding by Censures and other Methods to stop the course of Sin notwithstanding any encouragement the Parties had from Popes And it is certain that every man when he finds himself engaged in any course which is clearly sinful ought presently to forsake it according to the opinion of all Divines And therefore the King upon these Evidences of the unlawfulness of his Marriage ought to abstain from the Queen and the Arch-Bishop of Canterbury with the other Bishops ought to require him to do it otherwise they must proceed to Church Censures Many things were also brought from reason or at least the Maximes of the School Philosophy which passed for true reason in those days to prove Marriage in the degrees forbidden by Moses to be contrary to the Law of Nature and much was alledged out of Profane Authors to show what an abhorrency some Heathen Nations had of Incestuous Marriages And whereas the chief strength of the Arguments for the contrary opinion rested in this That these Laws of Moses were not confirmed by Christ or his Apostles in the New Testament To that they answered That if the Laws about Marriage were Moral as had been proved then there was no need of a particular Confirmation since those Words of our Saviour I came not to destroy the Law but to fulfil it do confirm the whole Moral Law Christ had also expresly asserted the Relation of Affinity saying That man and wife are one Flesh. St. Paul also condemned a Match as Incestuous for Affinity But though it were not expresly set down in the Gospel yet the Traditions of the Church are received with equal Authority to written Verities This the Court of Rome and all the Learned Writers for the Catholick Faith lay down as a Fundamental Truth And without it how could the Seven Sacraments some of which are not mentioned in the New Testament with many other Articles of Catholick Belief be maintained against the Hereticks The Tradition of the Church being so full and formal in this particular must take place And if any Corruptions have been brought in by some Popes within an Age or two which have never had any other Authority from the Decrees of the Church or the Opinions of Learned men they are not to be maintained in opposition to the Evidence that is brought on the other side This I have summed up in as short and Comprehensive words as I could Being the Substance of what I gathered out of the Printed Books and Manuscripts for the Kings cause But the Fidelity of an Historian leads me next to open the arguments that were brought against it by those who wrote on the other side for the Queens cause to prove the validity of the Marriage and the Popes Power of Dispensing with a Marriage in that degree of Affinity I could never by all the search I have made see either MSS. or Printed Books that defended their Cause except Cajetans and Victorias Books that are Printed in their works But from an answer that was written to the Bishop of Rochesters Book and from some other writings on the other side I gather the Substance of their arguments to have been what follows Cardinal Cajetan had by many arguments endeavored to prove that the Prohibitions in Leviticus were not parts of the Moral Law They were not observed before the Law no not by the holy seed Adams Children Married one another Abraham Married his Sister Iacob Married two Sisters Iudah gave his two Sons to Tamar and promised to give her the third for her Husband By the Law of Moses a Dispensation was granted in one case for Marrying the Brothers wife which shows the Law was not Moral otherwise it could not be dispenced with and if Moses dispensed with it why might not the Pope as well do it nor was there any force in the
places cited from the New Testament As for that of Herod both Iosephus and Eusebius witness that his Brother Philip was alive when he took his wife and so his sin was Adultery and not Incest We must also think that the Incestous Person in Corinth took his Fathers Wife when he was yet living otherwise if he had been dead St. Paul could not say it was a Fornication not named among the Gentiles for we not only find both among the Persians and other Nations the Marriage of Step-Mothers allowed but even among the Iews Adonijah desired Abisha in Marriage who had been his Fathers Concubine From all which they concluded that the Laws about the Degrees of Marriage were only Judiciary Precepts and so there was no other obligation on Christians to obey them than what flowed from the Laws of the Church with which the Pope might dispense They also said that the Law in Leviticus of not taking the Brothers wife must be understood of not taking her while he was alive for after he was dead by another Law a man might marry his Brothers wife They also pleaded that the Popes Power of Dispensing did reach further than the Laws of the Church even to the Law of God for he daily Dispensed with the Breaking of Oaths and Vows though that was expresly contrary to the Second Commandment and though the Fifth Command Thou shalt do no Murther be against Killing yet the Pope Dispensed with the putting Thieves to death and in some cases where the reason of the Commandment does not at all times hold he is the only judge according to Summa Angelica They Concluded the Popes Power of Dispensing was as necessary as his Power of Expounding the Scriptures and since there was a Question made concerning the obligation of these Levitical Prohibitions whether they were Moral and did oblige Christians or not the Pope must be the only Judge There were also some late Presidents found one of P. Martin who in the case of a mans having Marryed his own Sister who had lived long with her upon a Consultation with Divines and Lawyers Confirmed it to prevent the Scandal which the dissolving of it would have given Upon which St. Antonin of Florence says that since the thing was dispensed with it was to be refered to the judgment of God and not to be condemned The Pope had granted this Dispensation upon a very weighty Consideration to keep peace between two great Crowns it had now stood above Twenty years it would therefore raise an high scandal to bring it under debate besides that it would do much hurt and bring the Titles to most Crowns into Controversie But they Concluded that whatever Informalities or Nullities were pretended to be in the Bulls or Breves the Pope was the only competent judge of it and that it was too high a presumption for inferior Prelates to take upon them to examine or discuss it But to these Arguments it was Answered by the writers for the Kings cause that it was strange to see men who pretended to be such Enemies to all Heretical Novelties yet be guilty of that which Catholick Doctors hold to be the foundation of all Heresie which was the setting up of private senses of Scripture and Reasonings from them against the Doctrine and Tradition of the Church It was fully made out that the Fathers and Doctors of the Church did universally agree in this that the Levitical Prohibitions of the Degrees of Marriage are Moral and do oblige all Christians Against this Authority Cajetan was the first that presumed to write opposing his private conceits to the Tradition of the Church which is the same thing for which Luther and his followers are so severely Condemned May it not then be justly said of such men that they plead much for Tradition when it makes for them but reject it when it is against them Therefore all these exceptions are overthrown with this one Maxime of Catholick Doctrine That they are Novelties against the constant Tradition of the Christian Church in all Ages But if the force of them be also examined they will be found as weak as they are New That before the Law these degrees were not observed proves only that they are not evidently contrary to the Common sense of all men But as there are some Moral Precepts which have that natural evidence in them that all men must discern it so there are others that are drawn from publick inconvenience and dishonesty which are also parts of the Law of nature These Prohibitions are not of the first but of the second sort since the Immorality of them appears in this that the Familiarities and freedoms among near Relations are such that if an horror were not struck in men at conjunctures in these degrees Families would be much defiled This is the Foundation of the Prohibitions of Marriages in these degrees Therefore it is not strange if men did not apprehend it before God made a Law concerning it Therefore all examples before the Law show only the thing is not so evident as to be easily collected by the light of Nature And for the story of Iudah and Tamar there is so much wickedness in all the parts of it that it will be very hard to make a President out of any part of it As for the Provision about Marrying the Brothers wiâ—e that only proves the ground of the Law is not of its own Nature Immutable but may be Dispensed with by God in some cases And all these Moral Laws that are founded on publick conveniency and honesty are Dispensable by God in some cases but because Moses did it by Divine Revelation it does not follow that the Pope can do it by his Ordinary Authority For that about Herod it is not clear from Iosephus that Philip was alive when Herod Marryed his Wife For all that Iosephus says is that she separated from her Husband when he was yet alive and divorced her self from him But he does not say that he lived still after she Marryed his Brother And by the Law of Divorce Marriage was at an end and broken by it as much as if the Party had been dead So that in that case she might have Marryed any other Therefore Herods sin in taking her was from the Relation of having been his Brothers Wife And for the Incestuous person in Corinth it is as certain that though some few Instances of a King of Syria and some others may be brought of Sons Marrying their Step-Mothers yet these things were generally ill looked on even where they were practised by some Princes who made their Pleasure their Law Nor could the Laws of Leviticus be understood of not Marrying the Brothers wife when he was alive for it was not Lawful to take any mans Wife from him living Therefore that cannot be the meaning And all those Prohibitions of Marriage in other degrees excluding those Marriages simply whether during the life or after the death of
try the outmost severity that the Law allowed and would not offer them such a favour again Yet all this did not prevail for the Act was rejected and their complaint against the Clergy was also laid aside and the Parliament was Prorogued till April next In this Parliament the Foundation of the Breach that afterwards followed with Rome was laid by an Act for restraining the payment of Annates to that Court which since it is not Printed with the other Statutes shall be found in the end of this Volume The substance of it is as follows That great Sums of Money had been conveyed out of the Kingdom under the Title of Annates or first Fruits to the Court of Rome which they extorted by restraint of Bulls and other writs that it happened often by the frequent deaths of Arch-Bishops and Bishops to turn to the utter undoing of their Friends who had advanced those Sums for them These Annates were founded on no Law for they had no other way of obliging the Incumbents of Sees to pay them but by restraining their Bulls The Parliament therefore considering that these were first begun to be payed to defend Christendome against Infidels but were now turned to a duty claimed by that Court against all Right and Conscience and that vast Sums were carryed away upon that account which from the Second year of King Henry the 7th to that present time amounted to 800000 Ducats besides many other heavy Exactions of that Court did declare that the King was bound by his Duty to Almighty God as a good Christian Prince to hinder these oppressions And that the rather because many of the Prelates were then very Aged and like to die in a short time whereby vast Sums of Money should be carryed out of England to the great Impoverishing of the Kingdom And therefore all payments of first Fruits to the Court of Rome were put down and for ever restrained under the pains of the forfeiture of the Lands Goods and Chattels of him that should pay them any more together with the Profits of his See during the time that he was vested with it And in case Bulls were restrained in the Court of Rome any person presented to a Bishoprick should be notwithstanding Consecrated by the Arch-Bishop of the Province or if he were presented to an Arch-Bishoprick by any two Bishops in the Kingdom whom the King should appoint for that end and that being so Consecrated they should be Invested and enjoy all the Rights of their Sees in full and ample manner yet that the Pope and Court of Rome might have no just cause of Complaint the persons presented to Bishopricks are allowed to pay them 5 lib. for the Hundred of the clear Profits and Revenues of their several Sees But the Parliament not willing to go to extremities Remitted the final ordering of that Act to the King that if the Pope would either charitably and reasonably put down the payment of Annates or so moderate them that they might be a tolerable burden the King might at any time before Easter 1533. or before the next Session of Parliament declare by his Letters Patents whether the premises or any part of them should be observed or not which should give them the full force and Authority of a Law And that if upon this Act the Pope should vex the King or any of his Subjects by E xommunications or other Censures these notwithstanding the King should cause the Sacraments and other Rites of the Church to be administred and that none of these Censures might be published or Executed This Bill began in the House of Lords from them it was sent to the Commons and being agreed to by them received the Royal Assent but had not that final Confirmation mentioned in the Act before the 9th of Iuly 1533. and then by Letters Patents in which the Act is at length recited it was confirmed But now I come to open the final Conclusion of the Kings Suit at Rome On the 25th of Ianuary the Pope wrote to the King that he heard reports which he very unwillingly believed that he had put away his Queen and kept one Anne about him as his Wife which as it gave much Scandal so it was an high Contempt of the Apostolick See to do such a thing while his Suit was still depending notwithstanding a Prohibition to the contrary Therefore the Pope remembring his former merits which were now like to be clouded with his present Carriage did exhort him to take home his Queen and to put Anne away and not to continue to provoke the Emperor and his Brother by so high an Indignity nor to break the General peace of Christendome which was its only security against the Power of the Turk What answer the King made to this I do not find but instead of that I shall set down the Substance of a Dispatch which the King sent to Rome about this time drawn from a Copy of it to which the date is not added But it being an answer to a Letter he received from the Pope the 7th of October it seems to have been written about this time and it concluding with a Credence to an Ambassador I judge it was sent by Doctor Bennet who was dispatched to Rome in Ianuary 1532. to shew the Pope the Opinions of Learned men and of the Universities with their Reasons The Letter will be found in the end of this Volume the Contents of it are to this purpose The Pope had writ to the King in order to the clearing all his scruples and to give him quiet in his Conscience of which the King takes notice and is sorry that both the Pope and himself were so deceived in that matter the Pope by trusting to the judgments of others and writing whatever they suggested and the King by depending so much on the Pope and in vain expecting remedy from him so long He imputes the mistakes that were in the Popes Letters which he says had things in them contrary both to Gods Law and Mans Law to the Ignorance and rashness of his Councellors for which himself was much to be blamed since he rested on their advice and that he had not carryed himself as became Christs Vicar but had dealt both unconstantly and deceitfully for when the Kings cause was first opened to him and all things that Related to it were explained he had Granted a Commission with a promise not to recall it but to confirm the Sentence which the Legates should give and a Decretal was sent over defining the cause If these were justly granted it was unjustice to revoke them but if they were justly revoked it was unjust to grant them So he presses the Pope that either he could grant these things or he could not If he could do it where was the Faith which became a Friend much more a Pope since he had broke these promises But if he said he could not do them had he
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
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
find of him There is a Pardon granted to Stokesly Bishop of London on the 3d of Iuly in the 30th year of his Reign being this year for having Acted by Commission from Rome and sued out Bulls from thence If these crimes were done before the Separation from Rome they were remitted by the General Pardon If he took a particular Pardon it seems strange that it was not enrolled till now But I am apt to believe it was rather the Omission of a Clerk than his being guilty of such a Transgression about this time for I see no cause to think the King would have Pardoned such a Crime in a Bishop in those days All that Party had now by their complyance and Submission gained so much on the King that he began to turn more to their Councils than he had done of late years Gardiner was returned from France where he had been Ambassador for some years He had been also in the Emperors Court and there were violent presumptions that he had secretly reconciled himself to the Pope and entred into a Correspondence with him For one of the Legates Servants discoursed of it at Ratisbone to one of Sir Henry Knevets retinue who was joyned in the Embassy with Gardiner whom he took to be Gardiners Servant and with whom he had an old acquaintance The matter was traced and Knevet spoke with the Italian that had first let it fall and was perswaded of the truth of the thing But Gardiner smelling it out said That Italian upon whose Testimony the whole matter depended was corrupted to ruine him and complained of it to the Emperors Chancellor Granvel Upon which Ludovico that was the Italian name was put in Prison And it seems the King either looked on it as a Contrivance of Gardiners enemies or at least seemed to do so for he continued still to employ him Yet on many occasions he expressed great contempt of him and used him not as a Councellor but as a slave But he was a man of great cunning and had observed the Kings temper exactly and knew well to take a fit occasion for moving the King in any thing and could improve it dextrously He therefore represented to the King that nothing would so secure him both at home and abroad against all the mischief the Pope was contriving as to shew great zeal against Hereticks chiefly the Sacramentaries by that name they branded all that denied the Corporal presence of Christ in the Eucharist And the King being all his life zealous for the belief of the Corporal presence was the more easily perswaded to be severe on that Head And the rather because the Princes of Germany whose friendship was necessary to him being all Lutherans his proceedings against the Sacramentaries would give them no offence An occasion at that time presented it self as opportunely as they could have wished one Iohn Nicolson alias Lambert was then questioned by the Arch-Bishop of Canterbury for that opinion He had been Minister of the English Company at Antwerp where being acquainted with Tindal and Frith he improved that knowledg of Religion which was first infused in him by Bilney But Chancellor More ordered the Merchants to dismiss him so he came over to England and was taken by some of Arch-Bishop Warhams officers and many Articles were objected to him But Warham died soon after and the change of Counsels that followed occasioned his Liberty So he kept a School at London and hearing Doctor Taylor afterwards Bishop of Lincoln Preach of the presence of Christ in the Sacrament he came to him upon it and offered his reasons why he could not believe the Doctrine he had Preached Which he put in Writing digesting them into ten Arguments Taylor shewed this to Doctor Barnes who as he was bred among the Lutherans so had not only brought over their opinions but their temper with him He thought that nothing would more obstruct the progress of the Reformation than the venting that Doctrine in England Therefore Taylor and he carryed the Paper to Cranmer who was at that time also of Luthers opinion which he had drunk in from his friend Osiander Latimer was of the same belief So Lambert was brought before them and they studyed to make him retract his Paper But all was in vain for Lambert by a fatal resolution appealed to the King This Gardiner laid hold on and perswaded the King to proceed solemnly and severely in it The King was soon prevailed with and both Interest and Vanity concurred to make him improve this opportunity for shewing his zeal and Learning So Letters were written to many of the Nobility and Bishops to come and see this Tryal in which the King intended to sit in Person and to manage some part of the Argument In November on the day that was prefixed there was a great appearance in Westminster-Hall of the Bishops and Clergy the Nobility Judges and the Kings Council with an incredible number of Spectators The Kings Guards were all in White and so was the Cloth of State When the Prisoner was brought to the Barr. The Tryal was opened by a Speech of Doctor Dayes which was to this effect That this Assembly was not at all convened to dispute about any Point of Faith but that the King being Supream Head intended openly to condemn and confute that mans Heresie in all their presence Then the King commanded him to declare his opinion about the Sacrament To which Lambert began his answer with a Preface acknowledging the Kings great goodness that he would thus hear the Causes of his Subjects and commending his great Judgment and Learning In this the King interrupted him telling him in Latine that he came not there to hear his own praises set forth and therefore commanded him to speak to the matter This he uttered with a stern Countenance At which Lambert being a little disordered the King asked him again whether was Christ's body in the Sacrament or not He answered in the Words of St. Austine It was his Body in a certain manner But the King bade him answer plainly whether it was Christs Body or not So he answered That it was not his Body Upon which the King urged him with the words of Scripture This is my Body and then he commanded the Arch-Bishop to confute his Opinion who spoke only to that part of it which was grounded on the Impossibility of a Bodies being in two places at once And that he confuted from Christs appearing to St. Paul shewing that though he is alwayes in Heaven yet he was seen by St. Paul in the Air. But Lambert affirmed that he was then only in Heaven and that St. Paul heard a Voice and saw a Vision but not the very body of Christ. Upon this they disputed for some time in which it seems the Bishop of Winchester thought Cranmer argued but faintly for he interposed in the Argument Tonstals arguments run all upon Gods Omnipotency that it was not to be
unfeigned which were meritorious towards the attaining of Everlasting life Other works were of an Inferior sort such as Fasting Almsdeeds and other fruits of Penance And the merit of good works is reconciled with the freedom of Gods mercies to us since all our works are done by his Grace so that we have no cause of boasting but must ascribe all to the Grace and goodness of God The last Chapter is about Prayers for Souls departed which is the same that was formerly set out in the Articles three years before All this was finished and set forth this year with a Preface written by those of the Clergy who had been imployed in it declaring with what care they had examined the Scriptures and the ancient Doctors out of whom they had faithfully gathered this Exposition of the Christian Faith To this the King added another Preface some years after declaring that although he had cast out the darkness by setting forth the Scriptures to his people which had produced very good effects yet as hypocrisie and superstition were purged away so a Spirit of presumption dissension and carnal liberty was breaking in For repressing which he had by the advice of his Clergy set forth a Declaration of the true knowledg of God for directing all mens belief and practice which both Houses of Parliament had seen and liked very well So that he verily trusted it contained a true and sufficient Doctrine for the attaining everlasting life Therefore he required all his people to read and print in their hearts the Doctrine of this Book He also willed them to remember that as there were some Teachers whose Office it was to instruct the people so the rest ought to be taught and to those it was not necessary to read the Scriptures and that therefore he had restrained it from a great many esteeming it sufficient for such to hear the Doctrine of the Scriptures taught by their Preachers which they should lay up in their hearts and practise in their lives Lastly he desired all his Subjects to pray to God to grant them the Spirit of Humility that they might read and carry in their hearts the Doctrine set forth in this Book But though I have joyned the account of this Preface to the Extract here made of the Bishops Book yet it was not prefixed to it till above two years after the other was set out When this was published both parties found cause in it both to be glad and sorrowful The Reformers rejoyced to see the Doctrine of the Gospel thus opened more and more for they concluded that Ignorance and prejudices being the chief supports of the Errours they complained of the instructing people in Divine Matters even though some particulars displeased them yet would awaken and work upon an inquisitive humour that was then a-stirring and they did not doubt but their Doctrines were so clear that Inquiries into Religion would do their business They were also glad to see the Morals of Christianity so well cleared which they hoped would dispose people to a better taste of Divine matters since they had observed that purity of Soul does mightily prepare people for sound opinions Most of the Superstitious conceits and practices which had for some ages embased the Christian Faith were now removed and the great fundamental of Christianity the Covenant between God and man in Christ with the conditions of it was plainly and sincerely declared There was also another principle laid down that was big with a further Reformation for every National Church was declared a compleat Body within it self with power to reform heresies correct abuses and do every thing else that was necessary for keeping it self pure or governing its members By which there was a fair way opened for a full discussion of things afterwards when a fitter opportunity should be offered But on the other hand the Popish party thought they had gained much The seven Sacraments were again asserted so that here much ground was recovered and they hoped more would follow There were many things laid down to which they knew the Reformers would never consent So that they who were resolved to comply with every thing that the King had a mind to were pretty safe But the others who followed their perswasions and consciences were brought into many snares and the Popish party was confident that their absolute compliance which was joyned with all possible submission and flattery would gain the King at length and the stiffness of others who would not give that deference to the Kings judgment and pleasure would so alienate him from them that he would in the end abandon them for with the Kings years his uneasiness and peevishness grew mightily on him The dissolution of the Kings Marriage with Anne of Cleves had so offended the Princes of Germany that though upon the Ladies account they made no publick noise of it yet there was little more intercourse between the King and them especially Cromwel falling that had alwayes carried on the correspondence with them And as this intercourse went off so a secret Treaty was set on foot between the King and the Emperor yet it came not to a Conclusion till two years after The other Bishops that were appointed to examine the Rites and Ceremonies of the Church drew up a Rubrick and Rationale of them which I do not find was printed but a very Authentical M S. of a great part of it was is extant The alterations they made were inconsiderable and so slight that there was no need of reprinting either the Missals Breviaries or other Offices for a few rasures of these Collects in which the Pope was prayed for of Thomas Beckets Office and the Offices of other Saints whose days were by the Kings Injunctions no more to be observed with some other Deletions made that the old Books did still serve For whether it was that the Change of the Mass-Books and other publick Offices would have been too great a Charge to the Nation or whether they thought it would have possessed the people with an opinion that the Religion was altered since the Books of the ancient worship were changed which remaining the same they might be the more easily perswaded that the Religion was still the same there was no new impression of the Breviaries Missals and other Rituals during this Kings Reign Yet in Queen Maries time they took care that Posterity should not know how much was dashed out or changed For as all Parishes were required to furnish themselves with new compleat Books of the Offices so the dashed Books were every-where brought in and destroyed But it is likely that most of those Scandalous Hymnes and Prayers which are addressed to Saints in the same style in which good Christians worship God were all struck out because they were now condemned as appears from the Extract of the other Book set out by the Bishops But as they went on in these things the Popish party whose Counsels were
Queen Howard's incontinency for which all the Popish Party to be sure bore him no good will They were all convicted upon the Statute of the Six Articles for denying the Corporal presence of Christ in the Sacrament When they were brought thither Shaxton to compleat his Apostasie made a Sermon of the Sacrament and inveighed against their Errors That being ended they were tyed to the Stake and then the Lord Chancellor sent and offered them their pardon which was ready passed under the Seal if they would recant But they loved not their lives so well as to redeem them by the loss of a good Conscience and therefore encouraging one another to suffer patiently for the Testimony of the truth so they endured to the last and were made Sacrifices by fire unto God There were also two in Sâ—ffolk and one in Norfolk burnt on the same account a little before this But that party at Court having incensed the King much against those Hereticks resolved to drive it further and to work the ruin both of the Arch-Bishop of Canterbury and of the Queen Concluding that if these attempts were successful they should carry every thing else They therefore renewed their Complaints of the Arch-Bishop of Canterbury and told the King That though there were evident proofs ready to be brought against him yet because of his Greatness and the Kings Carriage upon the former Complaints none durst appear against him But if he were once put in the Tower that men might hope to be heard they undertook to bring full and clear Evidences of his being a Heretick So the King consented That he should be the next day called before the Council and sent to the Tower if they saw cause for it And now they concluded him ruined But in the night the King sent Sir Anthony Denny to Lambeth to bring the Arch-Bishop to speak with him And when he came the King told him what Informations had been brought against him and how far he had yielded to them that he should be sent to the Toâ—er next day And therefore desired to hear from himself what he had to say upon it Cranmer thanked him that he had not left him in the dark to be surprised in a matter that concerned him so neerly He acknowledged the Equity of the Kings proceedings and all that he desired was That he might be brought to make his answer And that since he was to be Questioned for some of his Opinions Judges might be assigned who understood those matters The King heard this with astonishment wondering to see a man so little concerned in his own preservation But pleasantly told him he was a Fool that look'd to his own safety so little For did he think that if he were once put in Prison abundance of â—alâ—e witnesses would not be suborned to ruin him Therefore since he did not take care of himself he would look to it And so he ordered him to appear next day before the Council upon their Summons and when things were objected to him to say that since he was a privy Councellor he desired they would use him as they would look to be used in the like case And therefore to move that his Accusers might be brought face to face and things be a little better considered before he was sent to the Tower And if they refused to grant that then he was to appeal personally to the King who intended to be absent that day and in token of it should shew them the Kings Seal-Ring which he wore on his finger and was well known to them all So the King giving him his Ring sent him privately home again Next Morning a Messenger of the Council came early and Summoned him to appear that day before the Council So he went over but was long kept waiting in the Lobby before he was called in At this unusual sight many were astonished But Doctor Buts the Kings Physician that loved Cranmer and presumed more on a diseased King than others durst do went and told the King what a strange thing he had seen The Primate of all England waiting at the Council-door among the foot-men and Servants So the King sent them word that he should be presently brought in which being done they said That there were many Informations against him that all the Heresies that were in England came from him and his Chaplains To which he answered as the King had directed him But they insisting on what was before projected he said he was sorry to be thus used by those with whom he had sate so long at that Board so that he must appeal from them to the King And with that took out the Kings Ring and shewed it This put them in a wonderful confusion but they all rose up and went to the King who checkt them severely for using the Arch-Bishop so unhandsomly He said he thought he had a wiser Council than now he found they were He protested by the Faith he owed to God laying his hand on his Breast That if a Prince could be obliged by his Subject he was by the Arch-Bishop and that he took him to be the most faithful Subject he had and the person to whom he was most beholding The Duke of Norfolk made a trifling excuse and said They mean't no harm to the Arch-Bishop but only to vindicate his Innocency by such a Tryal which would have freed him from the aspersions that were cast on him But the King answered he would not suffer men that were so dear to him to be handled in that fashion He knew the Factions that were among them and the malice that some of them bore to others which he would either extinguish or punish very speedily So he commanded them all to be Reconciled to Cranmer Which was done with the outward Ceremony of taking him by the hand and was most real on his part though the other party did not so easily lay down the hatred they bore him This I place at this time though Parker who related it names no year nor time in which it was done but he leads us very near it by saying it was after the Duke of Suffolks death and this being the only time after that in which the King was in an ill humor against the Reformers I conclude it fell out at this time That Party finding it was in vain to push at Cranmer any more did never again endeavor it Yet one Design failing they set on another against the Queen She was a great Favourer of the Reformers and had frequently Sermons in her Privy-Chamber by some of those Preachers which were not secretly carryed but became generally known When it came to the Kings ears he took no notice of it And the Queen carryed her self in all other things not only with an exact conduct but with that wonderful care about the Kings person which became a Wife that was raised by him to so great an honour he was much taken with her So that none
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
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
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
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
but it cannot be hid which is so manifest and tho we could say nothing the thing it self speaketh But as to that that is affirmed in your Letters both of God's Law and Man's otherwise than is necessary and truth let that be ascribed to the temerity and ignorance of your Counsellors and your Holiness to be without all default save only for that ye do not admit more discreet and learned Men to be your Counsellors and stop the mouths of them which liberally would speak the Truth This truly is your default and verily a great fault worthy to be alienate and abhorred of Christ's Vicar in that ye have dealt so variably yea rather so inconstantly and deceivably Be ye not angry with my words and let it be lawful for me to speak the Truth without displeasure if your Holiness shall be displeased with that we do rehearse impute no default in us but in your own Deeds which Deeds have so molested and troubled us wrongfully that we speak now unwillingly and as enforced thereunto Never was there any Prince so handled by a Pope as your Holiness hath intreated us First When our Cause was proponed to your Holiness when it was explicated and declared afore the same when certain Doubts in it were resolved by your Counsellors and all things discussed it was required that answer might be made thereunto by the order of the Law There was offered a Commission with a promise also that the same Commission should not be revoked and whatsoever Sentence should be given should streight without delay be confirmed The Judges were sent unto us the Promise was delivered to us subscribed with your Holiness's hand which avouched to confirm the Sentence and not to revoke the Commission nor to grant any thing else that might lett the same and finally to bring us in a greater hope a certain Commission Decretal defining the Cause was delivered to the Judges hands If your Holiness did grant us all these things justly ye did injustly revoke them and if by good and truth the same was granted they were not made frustrate nor annihilate without fraud so as if there were no deceit nor fraud in the Revocation then how wrongfully and subtilly have been done those things that have been done Whether will your Holiness say That ye might do those things that ye have done or that ye might not do them If ye will say that ye might do them where then is the Faith which becometh a Friend yea and much more a Pope to have those things not being performed which lawfully were promised And if ye will say that ye might not do them have we not then very just cause to mistrust those Medicines and Remedies with which in your Letters ye go about to heal our Conscience especially in that we may perceive and see those Remedies to be prepared for us not to relieve the Sickness and Disease of our Mind but for other means pleasures and worldly respects And as it should seem profitable that we should ever continue in hope or despair so always the Remedy is attempted so that we being always a-healing and never healed should be sick still And this truly was the chief cause why we did consult and take the advice of every Learned Man being free without all affection that the Truth which now with our labour and study we seem partly to have attained by their judgments more manifestly divulged we might more at large perceive whose Judgments and Opinions it is easy to see how much they differ from that that those few Men of yours do shew unto you and by those your Letters is signified Those few Men of yours do affirm the prohibition of our Marriage to be inducted only by the Law positive as your Holiness hath also written in your Letters but all others say the prohibition to be inducted both by the Law of God and Nature Those Men of yours do suggest that it may be dispensed for avoiding of slanders The others utterly do contend that by no means it is lawful to dispence with that that God and Nature hath forbidden We do separate from our Cause the Authority of the See Apostolick which we do perceive to be destitute of that Learning whereby it should be directed and because your Holiness doth ever profess your ignorance and is wont to speak of other Mens mouths we do confer the sayings of those with the sayings of them that be of the contrary Opinion for to confer the Reasons it were too long But now the Universities of Cambridg Oxford in our Realms Paris Orleance Biturisen Andegavon in France and Bonony in Italy by one consent and also divers other of the most famous and Learned Men being freed from all affection and only moved in respect of verity partly in Italy and partly in France do affirm the Marriage of the Brother with the Brother's Wife to be contrary both to the Law of God and Nature and also do pronounce that no Dispensation can be lawful or available to any Christian Man in that behalf But others think the contrary by whose Counsels your Holiness hath done that that sithence ye have confessed ye could not do in promising to us as we have above rehearsed and giving that Commission to the Cardinal Campege to be shewed unto us and after if it so should seem profitable to burn it as afterwards it was done indeed as we have perceived Furthermore those which so do moderate the Power of your Holiness that they do affirm That the same cannot take away the Appellation which is used by Man's Law and yet is available to Divine Matters every-where without distinction No Princes heretofore have more highly esteemed nor honoured the See Apostolick than we have wherefore we be the more sorry to be provoked to this contention which to our usage and nature is most alienate and abhorred Those things so cruel we write very heavily and more glad would have been to have been silent if we might and would have left your Authority untouched with a good will and constrained to seek the verity we fell against our Will into this contention but the sincerity of the Truth prohibited us to keep silence and what should we do in so great and many perplexities For truly if we should obey the Letters of your Holiness in that they do affirm that we know to be otherwise we should offend God and our Conscience and we should be a great slander to them that do the contrary which be a great number as we have before rehearsed Also if we should dissent from those things which your Holiness doth pronounce we would account it not lawful if there were not a Cause to defend the Fact as we now do being compelled by necessity lest we should seem to contemn the Authority of the See Apostolick Therefore your Holiness ought to take it in good part tho we do somewhat at large and more liberally speak in this Cause which doth so oppress us
me not neither yet I am wont to vaunt my self of well-doing I know who worketh all that is well wrought by me and whereas he is the whole Doer I intend not to offer him this wrong to labour and I to take the thanks yet as I do not cease to give thanks that that it hath pleased his Goodness to use me as an Instrument and to work somewhat by me so I trust I am as ready to serve him in my Calling to my little power as ye are prest to write worse of me than ye ought to think My Prayer is That God give me no longer life than I shall be glad to use mine Office in aedificationem and not in destructionem as ye bear me in hand I do God ye say will judg such using of Authority meaning flatly that I do abuse such Power as hath pleased God and the King's Highness to set me in God I say will judg such Judges as yeare and charge also such thoughts as ye misuse ye do not so well as I would ye should do if ye so think of me as your Letters make me think ye do The Crime that ye charge me withal is greater than I may or ought to bear untruer I trust than they that would fainest shall be able to prove It is a â—trange thing you say that I neither would write nor send you word by mouth what ye should do with the Popish Monks of Abington and that the Abbot of Redding could get streight-way my Letters to inhibit your just doings That was not my mind which I wrote I did not intend to lett your just doings but rather to require you to do justly neither I was swift in granting my Letters to him albeit I am much readier to help him that complains of wrong than prest to further on him that desireth punishment of a Person whom I am not sure hath offended I made you no answer a strange thing my Lord I thought ye had better known my Business than for such a Matter to esteem me not your Friend you might have better judged that I was too much cumbred with other Affairs that those which sued for the Abbot could better espy their time than you could Some Man will think it rather utter displeasure conceived before than that ye have any urgent occasion here to misjudg my mind towards you As concerning your Manor you must use your Priviledges as things lent unto you so long as ye shall occupy them well that is according to the mind and pleasure of them that gave you them I took neither the Monk's Cause nor any other into my hands to be a bearer of any such whom their upright dealings is not able to bear No you know I think that I love such readers of Scripture as little as ye do would God Men of your sort were as diligent to see that in all their Diocesses good were made as I am glad to remove things when I know them if ye had taken even then but half the pains to send up such things against him as ye now send neither you should have had cause no nor occasion thus easily to divine of my good or evil-will towards you nor I have been cumbred with this answer My Lord I pray you while I am your Friend take me to be so for if I were not or if I knew any cause why I ought not I would not be afraid to show you what had alienated my mind from you so you should well perceive that my displeasure should last no longer than there were cause I pass over your Nemo laeditur nisi a seipso I pray with you this first part Our Lord have pity upon me the other part is not in my Prayers That God should turn my heart for he is my Judg I may err in my doings for want of knowledg but I willingly bear no misdoers I willingly hurt none whom honesty and the King's Laws do not refuse Undo not you your self I intend nothing less than to work you any displeasure If hitherto I have shewed you any pleasure I am glad of it I showed it to your Qualities and not to you if they tarry with you my good-will cannot depart from you except your Prayer be heard that is My Heart be turned I assure you I am right-glad ye are in the place ye are in and will do what shall lie in me to aid you in your Office to maintain your Reputation to give you credit among your Flock and elsewhere as long as I shall see you faithful to your Duty according to your Calling I will not become your good Lord as your desire is I am and have been your Friend and take you to be mine cast out vain suspition let rash Judgment rule Men of less wit and discretion wilfulness becometh all Men better than a Bishop which should always teach us to lack gladly our own Will because you may not have your own Will Here is Christus paup facit ditat cum Dominus dedit Dominus abstulit to what purpose Sit nomen Domini benedictum can never lack his place it becometh alwise in season or else as great a Divine as ye are I would say it were not the best Placed here except you wist better you had rather lose all than any part of your will I pray you teach Patience better in your Deeds or else speak as little of it as ye can My Lord you might have provoked an other in my place that would have used less patience with you finding so little in you but I can take your Writings and this Heat off your Stomach even as well as I can I trust beware of Flatterers As for the Abbot of Redding and his Monk if I find them as ye say they are I will order them as I shall think good ye shall do well to do your Duty if you so do ye have no cause to mistrust my Friendship if ye do not I must tell it you and that somewhat after the plainest sort To take a Cause out of your hands into mine I do but mine Office you meddle further than your Office will bear you thus roughly to handle me for using of mine If ye do so no more I let pass all that is past and offer you such kindness as ye shall lawfully desire at my hands Thus fare you well IX The Sentence given out by Pope Paul the third against King Henry Damnatio Excommunicatio Henrici 8. Regis Angliae ejusque Fautorum Complicum cum aliarum poenarum adjectione Paulus Episcopus Servus Servorum Dei ad perpetuam rei memoriam EJus qui immobilis permanens sua providentia ordine mirabili dat cuncta moveri disponente clementia vices licet immeriti gerentes in terris in sede justitiae constituti juxta prophetae quoque Hieremiae vaticinium dicentis Ecce te constitui super gentes Regna ut evellas destruas aedifices plantes praecipuum super omnes
be Senator Capitane Patrician Governour or Officer of Rome none shall be elected or pointed without the express license and special consent of the See of Rome De Electione Electi proprietate Venerabilem It appertaineth to the Bishop of Rome to judg which Oaths ought to be kept and which not De jurejurand Si vero 15. q. 6. Authoritatem And he may absolve Subjects from their Oath of Fidelity and absolve from other Oaths that ought to be kept De foro competent Ex tenore De donat inter virum Vxorem dependentia Qui Filii sunt legittime per venerabilem De Elect. Electi proprietate Fundamenta Extravag de Majorit Obedient unam Sanctam De judiciis Novit The Bishop of Rome is judg in temporal things and hath two Swords Spiritual and Temporal De Haereticis multorum The Bishop of Rome may give Authority to arrest Men and imprison them in Mannacles and Fetters Extrav de Consuetudine super gentes The Bishop of Rome may compel Princes to receive his Legats De Truga pace Trugas It belongeth also to him to appoint and command Peace and Truce to be observed and kept or not De Praebend dig dilectus li. 6. licet The Collation of all Spiritual Promotions appertain to the Bishop of Rome De Excessibus praelatorum Siâ—ut unire The Bishop of Rome may unite Bishopricks together and put one under another at his pleasure Li. 6. de paenis Felicum In the Chapter Felicis li. 6. de poenis is the most partial and unreasonable Decree made by Bonifacius 8. that ever was read or heard against them that be Adversaries to any Cardinal of Rome or to any Clerk or Religious Man of the Bishop of Rome's Family Dist. 28. Consulendum Dist. 96. Si. Imperator 11. q. 1. Ex Clericus Nemo nullus Clericum c. q. 2. Si vero de sentent Excommunication Si judex q. 2. q. 5. Si quis foro competent Nullus Si quibus Ex transmissa de foro compet in 6 Seculares Lay-men may not be Judges to any of the Clergy nor compel them to pay their undoubted Debts but the Bishops only must be their Judges De foro Competent Cum sit licet Rectors of Churches may convent such as do them wrong whither they will before a Spiritual Judg or a Temporal Idem ex parte Dilecti A Lay-man being spoiled may convent his Adversaries before a Spiritual Judg whether the Lords of the Feod consent thereto or not Ibidem Significasti 11. q. 1. placuit A Lay-man may commit his Cause to a Spiritual Judg but one of the Clergy may not commit his Cause to a Temporal Judg without the consent of the Bishop Ne Clerici vel Monachi Secundum Lay-men may have no Benefices to farm De Summa Excommunicationis Nom. extra de pecuniis Remiss c. si All they that make or write any Statutes contrary to the Liberties of the Church and all Princes Rulers and Counsellors where such Statutes be made or such Customs observed and all the Judges and others that put the same in execution and where such Statutes and Customs have been made and observed of old time all they that put them not out of their Books be excommunicate and that so grievously that they cannot be assoiled but only by the Bishop of Rome De Immunitate Ecclesiae Non minus ad usus Quia Quum in 6. Clericis The Clergy to the relief of any common necessity can nothing confer without the consent of the Bishop of Rome nor it is not lawful for any Lay-man to lay any Imposition of Taxes Subsidies or any charges upon the Clergy Dist. 97. Hoc capitulo 63. Nullus quae sequitur Non aliae Cum Laic Lay-men may not meddle with Elections of the Clergy nor with any other thing that belongeth unto them De jurejurando Nimis The Clergy ought to give no Oath of Fidelity to their Temporal Governors except they have Temporalities of them Dist. 96. Bene Quidem 12. q. 2. Apostolicos Quisquis The Goods of the Church may in no wise be alienated but whosoever receiveth or buyeth them is bound to restitution and if the Church have any Ground which is little or nothing worth yet it shall not be given to the Prince and if the Prince will needs buy it the Sale shall be void and of no strength 13. q. 2. Non liceat It is not lawful for the Bishop of Rome to alienate or mortgage any Lands of the Church for every manner of necessity except it be Houses in Cities which be very chargeable to support and maintain Dist. 96. Quis nunquam 3. q. 6. Accusatio 11. q. 1. Continua nullus Testimonium Relatum Experientiae Si quisquis Si quae Sicut Statuimus nullus de persona Si quis Princes ought to obey Bishops and the Decrees of the Church and to submit their Heads unto the Bishops and not to be judg over the Bishops for the Bishops ought to be forborn and to be judged of no Lay-man De Major obedien solite Kings and Princes ought not to set Bishops beneath them but reverently to rise against them and to assign them an honourable Seat by them 11. q. 1. Quicunque Relatum Si qui omnes volumus Placuit All manner of Causes whatsoever they be Spiritual or Temporal ought to be determined and judged by the Clergy Ibidem Omnes No judg ought to refuse the Witness of one Bishop altho he be but alone De Haereticis ad abolendam in Clementini ut officium Whosoever teacheth or thinketh of the Sacraments otherwise than the See of Rome doth teach and observe and all they that the same See doth judg Hereticks be Excommunicate And the Bishop of Rome may compel by an Oath all Rulers and other People to observe and cause to be observed whatsoever the See of Rome shall ordain concerning Heresy and the Fautors thereof and who will not obey he may deprive them of their Dignities Clement de reliq venerat Sanctorum Si Dominus extravag de reliq venerat Sanctorum Cum per excelsa de poenitent remiss antiquorum Clemen unigenitus Quemadmodum We obtain Remission of Sin by observing of certain Feasts and certain Pilgrimages in the Jubilee and other prescribed times by virtue of the Bishop of Rome's Pardons De praemiis remissionibus extravag ca. 3. Et si Dominici Whosoever offendeth the Liberties of the Church or doth violate any Interdiction that cometh from Rome or conspireth against the Person or Statute of the Bishop or See of Rome or by any ways offendeth disobeyeth or rebelleth against the said Bishop or See or that killeth a Priest or offendeth personally against a Bishop or other Prelate or invadeth spoileth withholdeth or wasteth Lands belonging to the Church of Rome or to any other Church immediatly subject to the same or whosoever invadeth any Pilgrims that go to
flente qui condolendi compatiendi noverit disciplinam ut ita demum si quid ille dixerit qui se prius eruditum medicum ostenderit misericordem si quid consilii dederit facias sequaris si intellexerit praeviderit talem esâ—e languorem tuum qui in conventu totius Ecclesiae exponi debeat curari ex quo fortassis caeteri aedificari poterunt tu ipse facile sanari multa hac deliberatione satis perito medici illius consilio procurandum est Cyprianus in Sermone de Lapsis Denique quando fide majore timore meliores sunt qui quamvis nullo Sacrificii aut libelli facinore constricti quoniam tamen de hoc vel cogitaverunt hoc ipsum apud Sacerdotes Dei dolenter simpliciter confitentur exomologesin conscientiae faciunt animi sui pondus exponunt salutarem medelam parvis licet modicis vulneribus exquirunt scientes scriptum esse Deus non deridetur derideri circumveniri Deus non potest nec astutia aliqua fallente deludi plus imo delinquit qui secundum hominem Deum cogitans evadere se poenam criminis credit si non palam crimen admisit Christus in praeceptis suis dicit qui confusus me fuerit confundet eum filius hominis Christianum se putat qui Christianus esse aut confunditur aut veretur Quomodo potest esse cum Christo qui ad Christum pertinere aut erubescit aut metuit minus plane peccaverit non videndo idola nec sub oculis circumstantis atque insultantis populi sanctitatem fidei profanando non polluendo manus suas funestis Sacrificiis nec sceleratis cibis ora maculando hoc eo proficit ut sit minor culpa non ut innocens conscientia facilius potest ad veniam criminis pervenire non est tamen immunis a crimine nec cesset in agenda poenitentia atque in Domini misericordia deprecanda ne quod minus esse in qualitate delicti videtur in neglecta satisfactione cumuletur Conâ—iteantur singuli quaeso vos fratres delictum suum dum adhuc qui deliquit in soeculo est dum admitti confessio ejus potest dum satisfactio remissio facta per Sacerdotes apud Dominum grata est convertamur ad Dominum mente tota poenitentiam criminis veris doloribus exprimentes Dei misericordiam deprecemur illi se anima prosternat illi maestitia satisfaciat illi spes omnis incumbat rogare qualiter debeamus dicit ipse Revertimini inquit ad me ex toto corde vestro simulque jejunio fletu planctu scindite corda vestra non vestimenta Praeterea Esaias peccatorem admonet Cap. 42. secundum 70. inquiens Dic tu prior iniquitates tuas ut justificeris Salomon Prov. 18. ait Justus prior est accusator sui atque ideo ne Satan nos in judicio coram omnibus accuset nos illum in hac vita per priorem confessionem delicti nostri factam aliis praevenire debemus nam Deum praevenire in nostri accusatione nequimus qui omnia facta nostra jam novit immo vero antequam fierent ea praescivit quare Confessio illa necesse est intelligatur de extranea confessione facta Dei ministro qui id ignoravit nam Deum nihil unquam latuit non modo jam factum sed ne futurum quidem quicquam Circa personas vero ministrorum quibus fieri deberet Confessio atque circa tempora Ecclesiae nonnunquam aliquid immutarunt varie pro regionibus statuerunt Et ne tuam solicitudinem Sacratissima Majestas circa publicam Regni tui tranquillitatem stabiliendam sanctissime occupatam longa multorum lectione quae praeter ista afferre possem remorari videar plura adjungere supersedebo illud tantummodo precatus ut meam hanc scribendi temeritatem boni consulat quam ego totam perspicacissimo atque eruditissimo Majestatis tuae judicio considerandam pensitandamque committo Atque ita foelicissime valeat Sacratissima tua Majestas cujus Regnum prosperrimum in soeculum diuturnum nobis fore precamur XI A Letter of King Henry's to Tonstall Bishop of Duresme against Articular Confession being of Divine Institution An Original SInce me thought my Lord of Durham that both the Bishops of York Winchester and your Reasons and Texts were so fully answered this other day in the House as to my seeming and supposal the most of the House was satisfied I marvelled not a little why eft-soons you have sent to me this now your writing being in a manner few other Texts or Reasons than there were declared both by the Bishop of Canterbury and me to make smally or nothing to your intended purpose but either I esteem that you do it to prove my simple judgment alone which indeed doth not much use tho not the wisest to call in aid the judgments of other learned Men and so by mine ignorant answer seem to win the Field or else that you be too much blinded in your own fansy and judgment to think that a Truth which by learning you have not yet proved nor I fear me cannot by Scriptures nor any other Directors probable grounds though I know mine unsufficiency in learning if the matter were indifferent and that the ballance stood equal since I take the verity of the Cause rather to favorize the part I take than yours it giveth me therefore great boldness not presuming in Learning but in justness of the Cause seeing by writing you have provoked me to it to make answer to your Arguments Therefore I beginning now to reply to your first Allegation shall essay to prove if I can that your own Author in place by you alledged maketh plain against your Opinion for as you alledg him St. Chrysostom saith Quod sufficit solus pudor pro poena then Articular Confession is not by commandment necessary for if it were this word Solus is by your Author ill set therefore your Author in this place furdereth you but little To your Fallax Argument I deny your consequent founded only upon small Reason which is the ground of your Fallax Argument which Reason I need not take away for your alledged Author doth shew too plainly in his 5. Homily Tom. 5. that you gather wrong sense upon his words for he saith with much more touching this matter these few words Non hominibus peccata detegere cogo then this other Text before rehearsed is not to be understood as you will by writing it Further me thinketh I need not God thank you too greatly study for Authors to conclude your wrong taking of Texts for those your self alledg serveth me well to purpose for all your labour is to prove that Auricular Confession were by God commanded and both your Authorities of Bede and Paul sheweth nothing but that they did confess their sins