Calendar of State Papers, Spain, Volume 8, 1545-1546. Originally published by His Majesty's Stationery Office, London, 1904.
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'Addenda.: Miscellaneous, 1531', in Calendar of State Papers, Spain, Volume 8, 1545-1546, (London, 1904) pp. 571-580. British History Online https://www.british-history.ac.uk/cal-state-papers/spain/vol8/pp571-580 [accessed 25 April 2024]
Miscellaneous, 1531
| 1531. 15 and 17 Jan. Simancas. E. V. 1557. | 412. The Emperor to Mai. (Extract.) |
|---|---|
| (The Council (of Trent) necessary. The Pope's insincerity in the matter. He is to be treated very cautiously.) | |
| Mai is to continue in his efforts to obtain justice for the Queen of England, and to prevent the Pope from being intimidated by the English. It is to be hoped that Dr. Ortiz has ere this arrived in Rome; as he had been informed by letters from Spain that the doctor had started on his journey; and he also learns that all the papers relative to the Queen of England's marriage, together with the opinions of several learned corporations, have been sent to the doctor. More opinions of the same kind will follow; and Cardinal Colonna has sent the opinions of the learned doctors in Naples, to which the writer has added one drawn up by Master Sigismund Lafredo. Rodrigo Niño is of the same opinion as that expressed by Mai, that a brief should not be sent to Venice. It would probably do more harm than good, and he is not to ask the Pope to send it, nor is he to ask for the despatch of a brief to the Procurators of the University of Paris. The doctors of that University are so much terrorised by the King's ministers, and have been dealt with by such dishonest and corrupt means that no good result can be expected from them. It would make a very bad impression on the public if the Queen of England were to request their opinion, and that they should be divided on the subject. | |
| Is much surprised that Cardinal Santi Quatri declines the pension of 2,000 ducats. He is to be told that he renders himself suspicious thereby. | |
| Notes Mai's report that it was known in Rome that there had been a beginning of ill feeling between the Kings of France and England. All that is known in the Imperial Court is that they had quarrelled about the money which was to be paid to England, but that they had now made it up and had become friends again. Mai is to learn as much as possible on this subject. It is possible that the Duke of Albany, who hates the King of England, might be induced to speak out about it. | |
| As the Pope has already promised to send to England a formal inhibition, commanding that the cause of the Queen be no further proceeded with in that realm, Mai is to take care that his Holiness fulfils his promise in this respect. He is to tell his Holiness that the affair does not only concern the Queen of England, but also the authority of the Holy See. It is important that the inhibition should be sent without delay, because the King of England intends very shortly to carry some very prejudicial measures in his Parliament, which has already been convoked for the purpose. The Emperor has sent special authority to his ambassador in England, with instructions to protest in the Emperor's name against any measures which may be turned to the Queen's prejudice. The ambassador in England will inform Mai direct of what is going on there. | |
| Liege, 17 January, 1531. | |
| 2 Feb. Simancas. E. V. 1308. | 413. Rodrigo Niño to the Emperor. (Extracts.) |
| Agrees that the marriage spoken of, between the Duke of Milan and the Princess of England, is not likely to take place. Has already reported that the Protonotary Casale, the King of England's ambassador in Venice, had gone to England for the purpose of arranging this marriage if possible, but Niño now learns that Casale is still staying with the Duke of Milan, although he has had time to have travelled to England and back. No doubt the Protonotary Carocciolo has sent fuller information to the Emperor on this point. The Emperor's letters delivered to the Prior of St. John and Pole, asking them to revoke and annul the opinions they had given in the Queen's divorce case: but he (Niño) fears that this and all similar measures will have very little effect, as the King of England is determined to divorce the Queen de facto, and to contract a marriage with another woman. The matter must, indeed, have gone very far, as Micer Mai writes the same news from Rome as that current in Venice. The writer will nevertheless send the Emperor's letter to Dr. Parisius, and ask him personally to study the question carefully, in order that he may be prepared to pronounce an opinion as soon as the Emperor's order arrives. There is no doubt that when Dr. Parisius does deliver his opinion it will be the weightiest of any given in the cause. | |
| Yesterday whilst going to Mass with the Doge, the latter told him that the Protonotary Casale, ambassador from the King of England to Venice, had returned hither, and during the celebration of Mass the English ambassador himself came up to speak to the writer, and to convey to him the compliments of the Protonotary Carocciolo, saying that he (Casale) had been staying for some time with the Duke of Milan at Vigevano. He denied that he had been to England, but confesses that he sent a special messenger to the King, with letters concerning the marriage, adding that he was expecting an answer from day to day. The writer, however, is still of opinion that Casale himself has been to England, as he has been absent from Venice three months. | |
| Venice, 2 February, 1531. | |
| 10 Feb. Simancas E. V. 1558. | 414. The Emperor to Baron del Borgo, Papal Nuncio for England. |
| Hears that the Pope has commanded him to execute a certain mission in England, touching the divorce case of the Queen. Is persuaded that he will do his duty, as on all other occasions. Nevertheless, as the Emperor regards the interests of his aunt, the Queen of England, as his own, and is convinced that Borgo will be mindful of his allegiance and his customary devotion to the Emperor's affairs, he commands him not only to execute carefully the instructions of his Holiness, but also in general to exert himself to the utmost to defend the good cause of the Queen. The Imperial ambassador in England will further discourse with him on this subject. | |
| Brussels, 10 February, 1531. | |
| 16 Feb. Simancas. E. V. 1558. | 415. The Emperor to Mai. |
| Concerning the Council (of Trent). Cardinal Osma, Don Pedro de la Cueva, and J. A. Muxetula are to explain to the Pope the need for a Council. Thanks to Pope for information about Duke of Albany's mission. The Emperor's interview with King of France not yet settled; but the Pope need not fear that anything to his prejudice will be done. Mai is to do nothing in the matter of the Duke of Albany's mission, but is to watch what is negotiated with the Pope. Italian and Swiss affairs. With respect to the divorce of the Queen of England, Mai's letters to the Emperor and Granvelle have been read, and also copies of those sent to Cobos. They are approved of. The briefs containing the inhibition came just in time, and he has decided to send them to England with letters of his own (the Emperor's) although it is not easy to deliver them to the persons for whom they are destined with safety to the latter, as the King of England has appointed guards to watch closely that no letter from the Pope to his Nuncio passes the frontier. The letters to the Nuncio cannot but exercise a favourable influence. The Emperor has read the copy of the King of England's letter to the Pope and his Holiness' answer. The Pope is to be earnestly thanked for it. Mai is to endeavour to obtain a brief for the separation. (fn. 1) As it has already been proposed in Consistory to grant such a brief, and the measure is one of simple justice, it is to be hoped that no delay will occur. The Emperor notes Mai's advice that some arrangement should be effected with the King of England about the divorce, if the King should be present at the intended meeting between the Emperor and the King of France. This is, however, no time to talk about arrangements and compromises. What must be demanded is justice, full and honest, and nothing must be omitted that may procure it. If they (the English) see that justice is demanded boldly, and the demand is pressed, they will grow not a little alarmed, and will not dare to disregard their plain duty or refuse obedience to the Church and the Apostolic See. The Emperor has written to his ambassador in England, ordering him to have search made for all the documents relating to the proceedings in England. He has also instructed the ambassador (in France ?) to obtain for him, if possible, the book in the library of the Dominican friars in Paris, mentioned by the ambassador in his letters. Mai is to send to the Emperor and also to Spain a copy of the questions upon which evidence is to be given by the witnesses (i.e., in the proceedings in the divorce case in Rome). | |
| Brussels, 16 February, 1531. | |
| 22 April. Simancas. E. V. 1558. | 416. The Emperor to Mai. (Extract.) |
| Mai's action about the divorce case approved of. | |
| The Emperor is much astonished to learn that the Cardinal of Utrecht has written that the only alternatives are either to settle the English affair by a compromise, or else to let the proceedings continue for the three or four years necessary before a decision can be given in the ordinary course of law. Mai is to tell the Cardinal not to entertain such ideas, or at least not to declare them. | |
| Ghent, 22 April, 1531. | |
| 29 April & 14 Aug. Simancas. Latin. | 417. Proceedings before Pedro Zapata, Abbot of the Monastery of the Holy Sepulchre in Calatayud, and Miguel Ximenez Dembun, Abbot of Veruela, in the Cloisters of the Cathedral of Zaragoza, authorised by the Papal Auditor, to enquire in the matter of the divorce case of the Queen of England. The notarial documents set forth at great length (102 pages) the facts of the case, the depositions of many witnesses, and the certificate that the King of England had been duly summoned to appear before the tribunal (14 July, 1531). |
| The judges declare the King of England contumacious. | |
| Notarial certificate signed in Zaragoza Cathedral, 14 August 1531. | |
| 4 June. Simancas. E. V. 1558. | 418. The Emperor to Mai. (Extracts.) |
| (Need for the General Council.) | |
| The Emperor reserves his final decision with regard to the proposed Scottish marriage, until a reply comes (from Scotland ?). He is not disinclined to consent to a match between the King of Scotland and one of his nieces, a daughter of the King of the Romans, and it would be desirable if the affair could be settled before the Emperor left Flanders. Mai is to speak to the Cardinal of Ravenna, and push on the negotiations as much as may be possible or seemly in so delicate a matter. Above all, Mai must constantly urge energetically upon the Pope the need for speedy justice being done in the case of the Queen of England. The Emperor is not disinclined to reward fittingly the person to whose care the case of the Queen of England is entrusted. He thinks, however, that the present is an inconvenient time to give such a reward, both on account of the auditor and in view of the present state of the business. If the Emperor were to treat this person liberally at this juncture he would be obliged to do the same for Simoneta and other persons. Mai is directed to speak to the individual in question and ask him what kind of reward he would like best. | |
| Ghent, 4 June, 1531. | |
| 21 Sept. Simancas. T. c. I. Latin. | 419. Notarial Certificate of the Judgment of the Rector and Doctors of the University of Alcalá upon the questions submitted to them respecting the divorce case. |
| They unanimously agree that:— | |
| 1. It is not against natural law for a man to marry the childless widow of his deceased brother. | |
| 2. That it is not against the divine law as promulgated by Moses. | |
| 3. That it is not against the Scriptures. | |
| 4. That such marriages are only forbidden by human legislation. | |
| 5. That the Pope has power to dispense with prohibitions depending upon human legislation. | |
| Signed by the Rector Egidio and nineteen doctors. | |
| 25 Nov. Simancas. E. V. 1558. | 420. The Emperor to Mai. |
| The greatest diligence and energy must be exercised at this juncture to obtain justice for the Queen of England. The negotiations at present are in a most dangerous position, and the Queen is being more hardly pressed and worse treated than ever. The Emperor is writing a letter to the Pope on the subject, and he adds also a paragraph to the present letter which may be shown to his Holiness. The English pronouncements are only idle threats, which are intended to frighten the Pope, but which they dare not carry out. A letter from the Queen of England and some opinions on her cause are enclosed. | |
| (The following paragraph intended for the Pope's eye is not to be put into cipher.) | |
| The Emperor is extremely astonished at the manner in which the proceedings relative to the divorce case of his dear aunt the Queen of England are being conducted. It would indeed be strange if it were otherwise, for the justice of the Queen's case is so clear, and the injustice done to her so evident, that an entirely different handling of the case (in Rome) was to have been expected. The Emperor has no doubt that Mai has frequently urged his Holiness to pronounce judgment; but still his Majesty cannot avoid thinking that Mai has not shown so much zeal in the matter as was his duty and he has been expressly instructed to do. Had he done so the Emperor is persuaded that the Pope could not have failed to accede to his request, that a simple and evident act of justice should be done, such as every person of whatever station has a right to demand. The Emperor is writing to his Holiness, (fn. 2) begging him to pronounce judgment without further delay, and thus release the good Queen from the trouble which she has suffered so long. The poor Queen, whose wrongs have made her the subject of the pity and commiseration of the world, is now being treated worse than ever, and Mai is to supplicate his Holiness over and over again not to protract the proceedings in her case, but to give judgment promptly. Mai is to write by every courier to the Emperor on the subject. | |
| Brussels, 25 November, 1531. | |
| Note.—On the same day as the above letter was written, but later, the Emperor writes again to Mai, mainly about other matters, but containing the following paragraph relating to the English affair. “Is glad to see that Mai has been pressing with so much zeal and good effect the matter of the divorce case. He is to take care that the Pope does not relapse into his former state of indecision. With this object Mai must deliver the letter which is enclosed in the other despatch.” | |
| No date. Simancas. T. c. I., 4. | 421. The Emperor to Pope Clement VII. |
| The Emperor begs to give the following reply to the remarks of his Holiness through the Legate on the question of the Queen of England's affair. | |
| He thanks him both in his own name and in that of his aunt the Queen for treating her cause in a manner befitting their common father, and such as justifies the hope that the matter may end well. The Emperor has constituted himself the defender of the marriage, in order to preserve the prestige and honour of the Pope and the Apostolic See from the calumnies of those who endeavour to assail it. This he does in fulfilment of his duty as champion of the Holy Church; but in addition he is led thereto by his obligation to defend from injustice so near a kinswoman of his own as the Queen. The marriage was solemnised by the sanction of the Holy See and cannot be dissolved. The matter is of such great importance and touches the rights of so many persons that the Emperor fails to understand how it could be disposed of in the town of Cambrai or in any place but Home, and at the Court of the Pope, whose authority all Christians recognise and whose judgment all must obey. The Emperor therefore most earnestly prays the Pope to decide the case in his own court at Rome. The Queen is now, and will remain until her cause be decided, almost divorced from the King, and suffers thereby the gravest injustice. The Emperor therefore earnestly begs his Holiness to pronounce judgment with the least possible delay. | |
| S. D. Simancas. E. 2016. Latin. | 422. Report presented to Pope Clement VII., with a summary of the facts connected with the English Divorce. |
| In the year 1527, when the Pope was staying at the Castle of St. Angelo, there came to him a Secretary of the King of England to beg for a brief, which was granted. | |
| Subsequently, in the year 1528, the Pope being then at Orvieto, Dr. Stephen and Dr. Fox came to him praying that he would declare null and void the dispensation granted by Pope Julius II. The reason they alleged for their request was that the dispensation had been obtained by false representations, namely that it had been untruly stated that the marriage was necessary in order to bring about peace between the Sovereigns of England and Spain and prevent war; and also that the King (then Prince of Wales) was desirous of the marriage. They alleged that the King had afterwards protested against the marriage, and thereby rendered the dispensation invalid. When the wedding took place, moreover, the reason alleged for it, upon which the dispensation had been given, had ceased to exist, as Queen Isabel was dead, and the marriage could not secure peace between her and England. | |
| The Pope explained to the English ambassadors how unreasonable their request was, and that it was contrary to both law and justice that a decision upon so important a point should be arrived at without both parties being heard. The ambassadors insisted upon the Pope's consulting the Cardinals and the doctors of Perugia, who unanimously agreed that the demands of the English ambassadors could not properly be complied with. | |
| The ambassadors thereupon requested the Pope to ratify and approve in anticipation a decree of divorce; and the Pope refused to do this, on the ground that it was unreasonable to ask him to approve of a judgment that had not yet been pronounced, and before he could know whether or not the judges had decided in accordance with the law, especially as the Pope himself would be the judge of any appeal that might be lodged against the judgment. | |
| The ambassadors then asked that the case might be referred to Legates authorised to proceed to England. This request was granted, and the ambassadors selected the Cardinals whom they wished to be appointed. The Pope was disinclined himself to take cognisance of the case because his many other occupations fully employed him. | |
| Cardinal Campeggio then proceeded to England. | |
| The Queen presented a copy of the brief of dispensation, which in some points differed from the brief in the possession of the King. The King thereupon sent three ambassadors, Dr. Stephen, Dr. Peter Vannius and Dr. Drianus to the Pope, asking his Holiness to declare the brief, of which a copy had been produced by the Queen, to be false. The Pope promised them to request the Emperor to send the original of his brief to Rome, in order that his Holiness might decide which was the false and which the genuine one. | |
| At this juncture there arrived in Rome ambassadors from the Emperor, who claimed that his Holiness should hear what they had to say in the matter of the Queen; but as they did not produce their powers or credentials the Pope refused to do so, notwithstanding their vehement protest that it was impious and cruel that the cause of so saintly a person as the Queen should be denied a hearing. Subsequently these ambassadors produced credentials in their favour from the Queen herself, and it was then impossible to refuse to give them audience. | |
| The Queen declared through them that the legates were notoriously partial, and protested against all proceedings in her case in England. This protest was duly lodged at the Signatura, and copies of it were handed to the (English) ambassadors, with a notification of a period during which they might show cause why the Queen's contention should not be complied with. When the formalities were fulfilled, the question was debated and the decision unanimously adopted that the conduct of the legates was open to suspicion of partiality; the further proceedings in the case being thereupon ordered to be carried on by the Rota in Rome. | |
| At the instance of the King of England the proceedings were then suspended for six months. The King of England has no just reason to complain that the powers granted to Cardinal Campeggio were limited, in so far that he was ordered not to deliver judgment (in England) until the Pope had been consulted on the matter. Such limitations are frequently made in similar cases. | |
| N. D. Simanoas E. 2016 Latin. | 423. Consultation furnished by a Minister (unknown) to Pope Clement VII. on the divorce case. |
| The present paper will be limited to a consideration of the expediency of enquiring into the reasons adduced by the King of England in support of the alleged nullity of his marriage, or whether it would be wiser to bury the affair in entire, oblivion. | |
| First, with regard to the King's alleged conscientious objection to his marriage. He says that he considers himself related in the first degree of affinity to the Queen; and that assuming in such case that the Pope had no power to grant dispensation the King fears that he may suffer for his marriage at the Day of Judgment. But the King here only assumes what it is necessary that he should prove; namely that his Holiness has not the power to dispense in such cases. If the dispensation is thought to be invalidated merely by errors in it, this can easily be remedied by asking for a new dispensation. | |
| But the true reasons for the King's request for a divorce are not to be sought in his pretended scruples of conscience, but in his carnal lust. It is well known that he has already chosen the lady he intends to marry, and it is currently asserted that his proposed bride is related to him in the same degree of affinity as the Queen, and the objection to the legality of a marriage with her is consequently the same. The only difference is that, in the case of the Queen, the obstacle is said to have arisen from a legitimate union; whereas in the case of the other lady, it arises from an adulterous connection. But canon law in this respect makes no distinction between lawful cohabitation and fornication, and recognises the same impediment in both cases. The King of England may reply that he has obtained dispensation from such an obstacle in one case, and may therefore in another marry the sister of a lady with whom he has cohabited; but he should be begged to consider how gravely his reputation would suffer from such a proceeding. | |
| If the King is of opinion that marriage between persons in the first degree of affinity cannot be made lawful by dispensation he certainly cannot lawfully marry his intended bride; and if he thinks that a new dispensation may remove the obstacles raised by his scruples, such new dispensation should be requested for his marriage with the Queen, rather than for the new projected marriage. | |
| If honour has not sufficient hold over the King of England, at least he should avoid the open scandal created in England and elsewhere by his divorce, and should not expose his posterity to the calamities of a disputed succession. The example of the sons of Henry III. should surely warn him against such a course. | |
| The King alleges a desire to have more children, but experience tends to show that his designated bride is probably sterile. | |
| It is probable that the Queen may predecease the King, who in such case may lawfully marry again. There are instances where God has vouchsafed children to patriarchs even in extreme old age. | |
| If in the present circumstances the King marries another wife, the husband of the Princess (Mary) will probably dispute the right of succession of any children of such marriage, with the result that wars and contention will be caused. | |
| The divorce of the King of England from the Queen is an affront to the Emperor and all his family; the consequence will be not only ill-feeling between them, but also wars between their respective subjects, and rebellion in England. The position of the King of England is one of the most influential in Europe. The power of the Emperor and the King of France is so nearly equal that the King of England is in most cases able to decide questions between them by siding with one or the other. He is honoured, and his friendship is therefore sought by both; but if for any reason the Emperor becomes his implacable enemy the King of England thenceforward will be dependent upon the King of France, and it would be wise for him to remember that the French do not love the English any more than the English love the French. | |
| The King of England owes his title of Defender of the Faith to his marriage with the Queen. | |
| Note— Three is in the same bundle a similar, disquisition addressed to the Pope apparently by the same Minister, but as no fresh facts are adduced and the diffuse arguments are mainly legal, based upon the marriage laws of the ancients, there appears to be no need for reproducing the document here. | |