Henry VIII
February 1536, 1-5

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Institute of Historical Research

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James Gairdner (editor)

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1887

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82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98

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'Henry VIII: February 1536, 1-5', Letters and Papers, Foreign and Domestic, Henry VIII, Volume 10: January-June 1536 (1887), pp. 82-98. URL: http://www.british-history.ac.uk/report.aspx?compid=75414 Date accessed: 18 September 2014.


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February 1536, 1-5

1 Feb.
R. O.
227. William Barlo to Cromwell.
Last night my lord William [Howard] and I came to York, intending to proceed to Berwick. We are so well matched that I could not wish to be better. Desires Cromwell to grant some relaxation to the prior of St. Oswald's as regards the late injunctions for the administration of his monastery, which is second to none in the North for hospitality and good order. Begs a general licence to preach for the bearer Mr. Robert Ferrer. York, 1 Feb.
Hol., p. 1. Add.: Master Thomas Crumwell, Chief Secretary to the King. Endd.
1 Feb.
Add. MS. 8715, f. 194b. B. M.
228. Bp. of Faenza to the Protonotary [Ambrogio].
In the course of an interview with Francis I. told him that he not only ought to abandon the friendship of the impious king of England, but to declare against him and not allow any other prince to be beforehand with him in vindicating the honor of Christ. Reminded him that the English are his natural enemies, and have never done anything for him except for their own interest. Francis said he did not wish to excuse Henry, but he showed himself more his friend than ever, and considering that his own enemies wish to govern the world and ruin him, and that he has no friend but the king of England, it does not seem reasonable to run the risk of losing him, "e tanto manco quanto che chi a, cosi del Religioso, e del nemico di quel Re, sa certo che volentieri lo ritiraria alle voglie sue come piu volte ne ha fatta instanza, e pin fuor di tempo che hora." Apparently he intended to hint that peace would settle all this, but that in case of war he should take help indifferently where he could get it. * * * Lyons, 1 Feb. 1536.
Ital. Modern copy, pp. 10. Headed: Al Signor Protonotario. Da Lione po Febraro 1536.
1 Feb.
Add. MS. 28,588, f. 165. B. M.
229. Count of Cifuentes to Charles. V.
* * * Was procuring the despatch of the executorials, as he has already written, but hearing from the viscount Juan Henart of the Queen's death, used more diligence, and caused the Emperor's Master of the Posts to deliver no letters from France or England, so that the news was secret for five or six days. The despatch was completed the same night that the courier of the French king came with news of her death. The French accordingly made great instance to prevent the despatch, persuading the Pope that if he did not grant them the king of England would the sooner return to the obedience of the Church. Has the [executorials] in his power, to be used according to the Emperor's orders. Rome, 1 Feb. 1536.
Sp., pp. 4. Modern copy.
1 Feb.
Add. MS. 28,588, f. 171. R. M.
230. Charles V. to the Empress.
Five or six days ago heard news of the death of the queen of England. There are different accounts of her illness. Some say it was a disease in the stomach and lasted more than 10 or 12 days, others say the evil began one time when she drank, not without suspicion that there was in it (the drink) what is usual in such cases. Does not wish this to be said on his part, but the popular judgment cannot be suppressed. Of the Princess nothing is written but that she is in great grief, and may be considered lost, to judge from her father's actions. The Emperor and his court have put on mourning, and will not put it off till he arrives in Rome. The obsequies have been performed as is usual in such cases. Naples, 1 Feb. 1536.
Sp., pp. 17. Modern copy.
2 Feb.
R. O.
231. Henry Earl of Essex to Cromwell.
Thanks him for his licence. Has already sent in his proxy to the earl of Oxford, but, if a new one is required, asks Cromwell to send back the old by his chaplain, the bearer. Stansted, Candlemas day. Signed.
P. 1. Add.: "Mr. Secretary." Endd.
2 Feb.
Add. MS. 28,588, f. 180. B. M.
232. Dr. Ortiz to the Empress.
Has received her letter of 11 Jan. Reflections upon the martyrdom of the queen of England, and the propriety of honouring her, and commending oneself to her blessed love and protection. Rome, 2 Feb. 1536.
Sp., pp. 10. Modern copy.
R. O.233. John Lord Audeley to Cromwell.
Begs his intercession with the King who has been informed and told him with his own mouth that he had not handled himself as well he ought to do, and that he deserved to have nothing.
Hol., p. 1. Add.: To Mr. Secretary. Endd.
3 Feb.
R. O.
234. John Lord Audeley to Cromwell.
Has received his prudent and kind letter. Cromwell has removed all his despair and induced him to hope that he will so disclose his matter to the King that his Grace shall not take him at the worst, but be convinced of his good heart to do him service. Will be guided entirely by Cromwell's advice, even if it be to his pain. Wade, 3 Feb.
Hol., pp. 2. Add.: To &c., Mr. Secretary. Endd.
3 Feb.
Add. M.S. 25,114, f. 128. B. M.
235. Henry VIII. to Gardiner and Wallop.
Has received their letters about Brian, dated Lyons, 18 Jan., narrating the conference between them and the Admiral, as they met in the highway, and there repaired to the Court, their frank proceedings with the French king and his Council touching their inconstancy and trifling with all, and their friends especially, the frivolous interpretations set forth by that King, the Admiral, and the Great Master, with the Ambassadors' confutation, for which he thanks them. The King perceives their object is a contribution, for which the Grand Master "alleged the pretended sentence and affirmed that the realm of France could not be interdicted." As they continue still in their vain fantasies and unjust dealing touching the matter of Bordeaux, and yet expect England to cleave to them, the ambassadors are to "grant them no specialty, but only win a little more time, which we desire, and pass over your proceedings in words without any certain conclusion, till we shall percase now upon the death of the late Dowager, hear from other parties, and thereupon finally resolve concerning your charge there, as for our affairs shall be expedient." Are to tell the Council that although they had been obliged to complain to them "how they did with practises and devices abuse us their assured friend whereby they have lost and do yet lose their time and opportunity, enforce their friends to have their faith suspect and cause them to think that they seek only their own private benefit," yet that the Great Master had in urging the necessity for war, "couched as a principal stone that there was a sentence given against us, whereof the Emperor is executor, framing upon the foundation thereof that it should be much beneficial to us to have them give our enemy the first stroke," who might otherwise molest Henry at home. Henry is surprised that the Great Master can so trifle with England, who is his master's best friend, or dream of holding fast that which by such conduct they shall never obtain, alleging the giving of such a sentence as is not given nor ever intended except by those who would have used it for their own purposes; "and in case there were ten sentences given they were all, in wise men's opinions and judgements, as much to be esteemed and the act of the pronouncer as much to be regarded as if one should stand afar off and spit so towards another as the violence of the wind against him should turn his despite again into his own teeth." The bishop of Rome cannot for this cause of matrimony, which he approved when cardinal, fulminate a sentence against the King had the King granted him as much authority as he usurped; and God, by the death of the Dowager, hath taken away from him all foundation for the process, which is void even by his own laws devised for the maintenance of his usurped monarchy. Wishes them to compare the advantage they have from England and the bishop of Rome, who is nearer his end than the other, and when he is gone "our realm shall still continue the same it was and is." If they cleave to Rome for devotion, they shall consider the abominations that have grown from it—how they have encroached upon Princes who by God's word are heads and supreme ministers of justice in their own dominions, especially if it touch their kingdoms as in cases of treason, which would infect the whole kingdom if not quickly extinguished, cut up by the roots and removed; like as, for an example, the Bishop that now is would lately have made a quarrel to us for the execution of the late bishop of Rochester, and certain his confederates in conspiracy and conjuration, which would both have destroyed our person and subverted the whole state and quiet of our realm. Asks if it is right that the vicar of Christ (as he would be called) may, with continuance of his office, on displeasure for a money matter, slander princes and set them by the ears? Christ was the author of peace, and so were his followers, two or three of the best of whom had scarce so much as the bishop of Rome alone. They are to tell the Great Master that the King is aware of his bragging and sees their devices, especially their "goodly golden privilege," which they uttered as proof of their prosperity. If it be worth anything the King has little cause to aid them. They have a shield to defend them against all dangers, and yet refuse "to capitulate with us against the bp. of Rome." If they will agree in writing, Henry will be their friend, so far as his league with the Emperor will allow; but he will insist upon plain terms touching the bishop of Rome. They are to temper matters but not to put them in despair of aid, nor so coldly that they shall perceive their practices are discovered; above all to avoid all determination until they hear again, ascribing this irresolution to the uncertainty of the Frenchmen. Suggests how they may accomplish this.—The matters of Bordeaux, and arguments about the importation of Gascon wine.—Except they will abandon England as they have their other friends in Germany, proofs of which he sends by letters, the King must take such a course as must prove beneficial to his own subjects and grievous to theirs. The bishop of Hereford has been sent to the duke of Saxony and others who are conformable to the King's wishes. Sends copies of the Bishop's letters, answers of the said Princes to Langes and to the Pope's orator sent to persuade them to a Council at Mantua,—also the proceedings for the restitution of the duke of Wittenberg, and the money employed, and what is to be refunded, according to their promise at the late congress of my lord of Norfolk and the Admiral at Calais. Greenwich, 3 Feb. Signed.
Pp. 16. In Wriothesley's hand. Add. and Endd.
3 Jan.
R. O.
236. Sir Thomas Russhe to Cromwell.
I thank you for your letters in my favor to the late bishop of Norwich; also to Mr. Southwell and Mr. Redeman. I am at Hoxen with the former, who is active about the burial of the Bishop, which, otherwise, were "a raw matter" to be compassed. He is active in searching and guarding the jewels, plate, writings, and goods of the said Bishop, which are scattered abroad, of much value. Besides this, divers sums of money were lent in the life of the Bishop, and he has made inquiry for the borrowers, wisely fulfilling his commission. Hoxen, 3 Jan. (fn. 1)
Hol., p. 1. Add.: Secretary. Endd.
3 Feb.
R. O.
237. John Lord Zouche to Cromwell.
I am ill of the ague, and cannot abide in the air, and am sorry that I may not speak with you myself for North Molton. Please let me have your help, and I shall give you 100l. that right may take place without any delay. The matter is borne and bolstered contrary to all good conscience. Harringworth, 3 Feb. Signed.
P. 1. Add.: Secretary. Endd.
3 Feb.
R. O.
238. Dr. Thomas Legh to Cromwell.
We have received your letters concerning the resignation of Whitby. And whereas the Abbot has heretofore constantly denied such things as he moved this young man of touching the resignation, the Abbot has confessed that he willed him to go to Mr. Francis Bygott to bring him in acquaintance with you to the intent that when he left it, he might through you have the preferment. Now he is not willing to resign. Whitby, 3 Feb. Signed.
P. 1. Add.: Secretary. Endd. by Wriothesley.
239. John Abbot of Whitby to Cromwell.
R. O.Drs. Layton and Lee at the time of our visitation delivered us certain injunctions which we shall endeavour to keep, unless you will procure us a dispensation for myself, my chaplain, and my outward officers, to go abroad for the necessary business of our monastery; also license for certain of my brethren to go into the country to say mass every Sunday at certain chapels in our parish, being 3 or 4 miles from the parish church; to which we are bound by our convent seal. Further, that whereas we are bound to have a sermon once a week, or at least once a fortnight, we shall be glad to be relieved for once a month, unto such time as one of our scholars may grow to more learning. Whereas also I am bound by the same injunction to find for every one of my brethren horse and money to come to complain when they think the said injunctions are violated, consider the brittleness and lightness of some persons, and that before any such brother be allowed to complain, he be brought to me before 4 or 6 of my seniors to show his complaint. I beseech your gracious help. Signed.
Pp. 2. Add.: Secretary.
3 Feb.] (fn. 2)
R. O.
240. Richard Caundishe to Cromwell.
Has received of Master Gostewike, treasurer of tenths and first fruits, 400l. to expend on ropes and cables for the King's ships; but, finding no provision of such in Hamburgh, has expended part of the money in pitch and tar, which are dear in England. Has sent home by the Menyone 4 last of pitch and 18 last of tar, and has still 24 last of tar, which is paid for. Since then Master Gunstone has written desiring him to procure cables, yarn, or hemp, which cannot be got in Flanders or France. Has therefore bought, of a man of Rye, cable to the amount of 600l. worth, and intends to expend up to 1,000l. Sends bill of exchange on Peter Molle, merchant, of Hamburg, to be paid at sight. Signed.
Pp. 2. Add: Mr. Secretary. Endd.
Cleop. E. v. 48. B. M.241. Theological Questions.
1. What causes, reasons, or considerations hath or might move any man to desire to have the bishop of Rome restored in any point to his pretended monarchy, or to repugn against the laws and statutes of this realm made for the setting forth of the King's title of Supreme Head. 2. Whether a man offending deadly after he is baptized may obtain remission of his sins by any other way than by contrition through grace. 3. If the clergy know that the common sort of men have them in a higher estimation, because they are persuaded that it lies in their will and power to remit or not remit sins at their pleasure, whether in such case the clergy offend, if they wink at this and voluntarily suffer the people to continue in this opinion. 4. Whether a sinner being sorry and contrite, and forthwith dying, shall have as high a place in heaven as if he had never offended. 5. Whether any difference may be assigned between two men, one being very sorry for his sins, and dying without absolution of the priest, and another, who being contrite, is also absolved. 6. If it appear that the common people have greater trust in outward rites and ceremonies than they ought, and that they esteem more virtue in images and adorning of them, kissing their feet or offering candles, than they should, and the curates, knowing the same and fearing the loss of their offerings, rather encourage them than teach them the truth, what the King and his Parliament may do, and what they are bound to do. 7. Whether now in time of the new law, the tithes or tenth are due to curates by the laws of God or of man, and if the same are due by the laws of man, what man's laws they be. 8. Whether the clergy only ought to have voices in general councils. 9. Whether the 9th canon of the Council of Chalcedon, that one clerk may not sue another before a secular judge but before his bishop, and such other canons, have been generally received or not, and whether they be contrary to the King's prerogative and laws of the realm; and whether it is expedient to be declared by Parliament that the said canons, being at no time received, especially within this realm, are void. 10. Whether the 24th canon of the said Council, that monasteries once consecrated by the Bishop may not after be made dwelling houses for laymen, has been received and observed, and whether it is against the power of the King and authority of the Parliament. 11. What the King and Parliament ought to do if it appear that Bishops do not maturely examine the conversation and learning of those whom they admit to cures, but admit persons unable. 12. If those who hold deaneries, archdeaconries, chancellorships, &c. do not use themselves as the primary institutions of those offices require, and according to the wills of those that endowed them, what the King and Parliament may or ought to do. 13. For what causes and to what ends and purposes such offices and promotions were first instituted. 14. If curates, having benefices with cure, refuse to dwell upon any of their cures, and remain in idleness in cathedral or collegiate churches upon their prebends, whether the King and Parliament should take any order to redress it. 15. What are the external signs and inward graces of the sacraments of confirmation, order, matrimony, and extreme unction, what promises are made to the receivers of them by God, and of what efficacy they be.
Pp. 4.
R. O.242. Monasteries.
Opinion that by the common law, if monks, canons, or nuns, of the King's foundation have willingly lacked their number or omitted divine service or other observances enjoined by their foundation, and it is so found by office before the escheator or commissioners, the said escheator or commissioners ought to seize the lands to the King's use. This good law duly put in execution would bring back to the Crown lands worth 40,000l. a year.
P. 1. Endd.
4 Feb.
Parl. Roll 27 Hen. VIII.
243. Parliament.
Holden by prorogation at Westminster, 4 Feb. 27 Hen. VIII. Acts passed concerning—
1. Manor of Grenes Norton assured to the King.
2. Jointure of lady Eliz. Vaux.
3. Lands late of Sir John Tuchet, lord Audeley, assured to the King.
4. Agreement between the earl of Rutland and the city of York.
5. Exchange with the duke of Norfolk and the prior and convent of Thetford.
6. Exchange with the archbishop of Canterbury.
7. Moiety of lands lately issued by Cornelys Vanderdelf assured to Rich. Hyll.
8. Lady Eleanor Clyfford's jointure.
9. Pardon to the duke of Suffolk.
10. Exchange between the duke of Suffolk and the earl of Northumberland.
11. The duke of Suffolk's place in Southwark assured to the King and Norwich Place to the duke of Suffolk.
12. Agreement between the duke of Suffolk and Sir. Chr. Wylloughby.
13. Manor of Hasyllegh assured to the Queen.
14. Exoneration of Oxford and Cambridge from First Fruits and Tenths.
15. "An Act between Sir Piers Dutton and others."
16. Partition of lands between the heirs of lord Broke.
17. Temporalities of Norwich assured to the King.
18. Dissolution of the lesser monasteries.
19. Partition of lands between lord Thomas Howard and Sir Thos. Ponynges.
20. The earl of Northumberland's lands assured to the King.
21. Lands assured to Sir Thomas Audeley, the Lord Chancellor.
22. A void plot of ground in Chepe assured to the mayor and commonalty of London.
23. Manor of Halyng assured to the King.
24. Manor of Colly Weston assured to the Queen.
25. Exchange with Corpus Christi College, Oxford.
26. Exchange with the prior and convent of Marten.
27. Lands assured to Sir Arthur Darcy.
28. Jointure of Anne Fitzwilliam.
29. Lands assured to lord William Howard.
30. Lands assured to Thos. Pope.
31. Deed of feoffment by Sir Thos. More annulled.
32. Attainder of John Lewes.
33. A longer day to be given to collectors of the Tenths to bring in their certificate.
34. Manor of Bromhill assured to the King.
35. "An Act for reëdifying of divers towns."
36. "An Act concerning the forging of the King's Sign Manual," &c.
37. "An Act for avoiding of exactions taken at Kingston upon Hull.
38. Concerning pirates.
39. For making justices of the peace in Wales.
40. Concerning the breed of horses.
41. Against abuses in the forests of Wales.
42. "For discharge of payment of the Tenths in that year in which they pay their First Fruits."
43. "Licensing all butchers for a time to sell victual in gross."
44. "Concerning uses and wills."
45. Concerning clerks of the Signet and Privy Seal.
46. "For true making of woollen cloths."
47. That certain woollen cloths may be exported.
48. Concerning the custom of leather.
49. Touching the making of ecclesiastical laws.
50. Enrolments of contracts of lands.
51. Concerning servants who rob their masters.
52. For the preservation of the river Thames.
53. Limitation of an order for sanctuaries.
54. An order for tithes.
55. For tithes in London.
56. Decay of houses and enclosures.
57. Preservation of Havens in Devon and Cornwall.
58. Concerning general surveyors.
58.* For continuing certain liberties taken from the Crown.
59. For punishment of sturdy vagabonds.
60. For justice to be ministered in Wales as in England.
61. "An Act establishing the Court of Augmentations."
62. Ordinances for Calais.
4 Feb.
Harl. MS. 158, f. 137. B. M.
244. Parliament.
List of the Lords present at the Parliament, and memoranda of proceedings.
Pp. 4.
R. O.245. North Wales.
Articles proving that it shall be hurtful to the commonwealth of the three shires in North Wales, that is to say, Anglesea, Caernarvon, and Merioneth, to have justices of the peace there. 1. At the conquest of the said shires by Edw. I., laws were made by a Parliament held at "Rutland" (Rhuddlan), one of which is that Welshmen should be kept in bonds and subjection, and not put in authority. 2. The fact that most of the Commons are bound to appear at one Session in the year, and not depart without licence, causes them to be of good order. 3. Since the Conquest, the chamberlain has always been used to direct warrants of the peace, to be returned before the justice at his next coming. If gentlemen there had authority to direct warrants and supersedeas, it would put all out of good rule. 4. No indifferent persons can be found to be justices, as they are always at variance. There are none learned in the common law, or of sufficient substance in land, to be custos rotulorum. 5. Gentlemen, being justices of the peace, having quarrels, would do much extortion. 6. It has always been "very diffuse" for the chamberlain and justices to keep the peace between gentlemen and their partakers. If they were justices of the peace the chamberlain and justices would not be able to order them. 7. If the justices of the peace determined indictments of felony, few would be found guilty, for most of the gentlemen are bearers of thieves and misruled persons. 8. The King's Commissioners in the Marches and the justices of the county should be examined whether it would be for the wealth of the shires that there should be justices of the peace. 9. If the country be out of good order, the fault can be laid to the chamberlain and justices, but if there are justices of the peace, "the officers may excuse themselves every by other."
Large paper, pp. 2. Endd.
R. O.246. Bills in Parliament.
Draft of "An Act concerning uses and wills." (27 Hen. VIII. cap. 10.)
Imperfect, pp. 5. Endd.
R. O.2. Another draft of the same. Pp. 12.
R. O.3. A list of grievances suffered in the realm by reason of "uses," setting forth also the evil purposes for which "uses" have been practised.
Pp. 5. Endd.: "Damna usuum."
R. O.4. Draft bill for remedying the above evils.
Large paper, pp. 3.
R. O.5. Draft of Act "concerning the clerks of the Signet and Privy Seal" (27 Hen. VIII. c. 11.), differing materially from the Act as passed.
Large paper, pp. 6.
R. O.6. Draft of an Act to the same purpose as the Statute "concerning enrolments of bargains and contracts of lands and tenements" (27 Hen. VIII. cap. 16.), but much fuller than the printed Act, and providing for the appointment of masters and clerks of enrolments in counties and ridings, instead of the enrolment being made before the officers mentioned in the Act.
Pp. 9. Large paper.
R. O.7. Two copies of an Act of Parliament for the preservation of the river of Thames (27 Hen. VIII. c. 18). Printed by Isaac Jaggard, printer to the city of London, temp. Car. I.
R. O.8. Draft of an Act repealing "An Act for the amending and maintenance of the Havens and Ports of Plymouth," &c. (23 Hen. VIII. c. 8.), (fn. 3) and prohibiting stream works for tin in any of the works running into the ports of Plymouth, &c. after Mich. 1537.
Pp. 4. Large paper. Endd.
R. O.9. Extract from an Act of Parliament, Anno 27 Hen. VIII. cap. 24, in modern handwriting.
P. 1.
R. O.10. Copy of the Act "concerning the assurance of the moiety of lands lately issued by Cornelys Vanderdelf unto Richard Hyll and his heirs." (27 Hen. VIII. c. 35.)
Later copy, certified by Francis Spelman, clerk of the Parliament. Pp. 8.
R. O.11. Draft of the Act 27 Hen. VIII. c. 42., "Act to exonerate the Universities of Oxford and Cambridge from payment of First Fruits and Tenths," fairly written, but differing considerably from the printed Statute.
Large paper, pp. 8. Mutilated.
R. O.12. Copy of the Act "concerning the assurance of the possessions of the earl of Northumberland to the King's highness and his heirs." (27 Hen. VIII. c. 47.) As far as clause 35 inclusive.
Large paper, pp. 20. Mutilated. Endd.
R. O.13. Copy of the proviso for Sir Thos. Percy, brother of the earl of Northumberland, in the above Act.
P. 1. Endd.
R. O.14. Draft of the Act "concerning the assurance of a void plot of ground, being in Chepe in London, to the mayor and commonalty of the said city of London and their successors." (27 Hen. VIII. c. 49.)
Large paper, pp. 2.
Arundel MS. 152, f. 305 b. B. M.15. Copy of Act 27 Hen. VIII. c. 58.
R. O.16. Draft Act of Parliament against pilgrimages and superstitious worship of relies. To be carried out by injunctions, from which no dispensations shall be allowed except from the King or his vicar-general.
Pp. 7.
Vesp. C. xiv. 441. B. M.17. The oath of the sergeant of the Scunaige in Calais. [This oath is not embodied, like some others to be taken by Calais officials, in the Statute 27 Hen. VIII. c. 63, but it may have been drawn up at this time.]
Harl. MS. 1878, ff. 22–25. B. M.18. Draft of an Act for the regular payment by customers of their receipts into the Exchequer on 1 May and 1 Nov., with a preamble somewhat resembling that of statute 34 and 35 Hen. VIII. c. 2.
Paper roll of two sheets beginning at f. 25. Corrected by Cromwell. Endd.
R. O.247. Wools.
"The prices that wools were bought for in years past, and what price the said wools be sold for in this present year."
Leymster wool, 6s. 8d. a stone, sells now at 9s. or 9s. 3d.; Marche wool, 6s., now 7s. 6d.; Cotswolde wool, 10s. or 10s. 6d. the "toode," now 14s. and above; Berkshire wool, 9s. and 9s. 6d. the "toode," now 13s. 4d.; "Yong Coottes" (Cotswold), 8s. the "toode," now 12s.; Lynsey and Casten (Kesteven ?), 2s. 8d. the stone, now 5s.; Holland and Rutland, 2s. 4d. the stone, now 4s. 8d.: Norfolk wool, 18d. or 20d. the stone, now 3s. 4d.
Pp. 2. Endd.
R. O.248. The Curates of London.
Report made to the Council ("your Lordships") of a discussion touching the curates and inhabitants of London, intended to justify the statement made on that occasion by the writer. He states that he was induced to speak in consequence of a question raised before the Council as to the claim of the curates to tithes, &c. by prescription. This claim was opposed by Mr. Rastell, "seeing that now not only the poor, whose need ought to be relieved by the working of the curates, be compelled to pay, which they be not able, but also the rich have thereby, as it were, a watergate to stop up the plenteousness of their hearts." He was opposed by the bishop of Winchester, who denied that he knew what was meant by the law of nature, of man and of God, urged by Rastell; for "the vilest parts in the creature of nature take most labor;" and by the law of man kings take toll of the merchant whether he prospers or not. To this Rastell could make no answer. After further discussion the archbishop of Canterbury urged the writer to speak, who then proceeded to detail the arguments he employed in defence of Rastell's position.
Pp. 11. Endd.: Dr. Harcoke, of Norwich, a frier, preched this sermon in the Grene Yard there.
R. O.249. Clerks of the Privy Seal and Signet.
Memorandum of the rules of the office of clerks of the Signet or Privy Seal as fixed by Parliament, 27 Hen. VIII., cap 11.
ii. A form (in another hand) of conditions contained in a grant of the office of clerk of the Privy Seal.
iii. A form of the oath to be taken by a clerk of the Privy Seal on taking office.
Pp. 2. In a later hand, apparently on the fly leaf of an old letter book of Wolsey's time, on which are written:—(1.) An order to some person to appear before Sir Robt. Southwell, at Westminster, and exhibit the accounts of the lordship of Crokeham; and (2.) a form of address to cardinal Wolsey in Latin.
R. O.250. The Bishopric of Norwich.
"Parcell. possessionum [n]uper sedi episcopali Norwicen. pertinen. in manus Domini Regis libere rest[itutarum]."
Rents in Thorpe, 110s. 1½d.; Plumpsted Magna, 14s. 8¾d. 1/8d.; Plumpsted Parva, 22s. 5¼d. New rent of a pasture in Thorpe, called the "Gameplace," alias Lollerspyt, near the gates of Norwich, with a meadow called "the Harpe," 5s. New rent in Plumpsted, and a piece of heath ground near Gyddynghethe, 2s. 4d. Farm of certain lands, &c. (named) in Thorpe by Norwich, leased, 26 Sept. 26 Hen. VIII., by Ric. Nyk, late bishop of Norwich, to Ralph Cantrell and Anne his wife and Thomas their son, at 7l. 7d. a year. Divers farms in Thorpe, 58s. 10d.; in Plumpsted, 23s. 8d. Farm of lands leased to Leonard Spencer, 1 Oct. 26 Hen. VIII., 7l. "Firma unius thoralli cacis (qu. calcis?) usti exoposit. portas civitatis Norwici vocat. Busshopes Gates," 13s. 4d. Farm of the toll of a fair at Magdalynhyll, 6s. 8d. "Perquis. curiæ ibidem tentæ communibus annis," 36s. 10d. Total, 31l. 4s. 6½d.
ii. Charges against the above (Repris'). Fee of Ralph Cantrell, keeper and bailiff of Thorpe, 60s. Wages of the reaper of Plumpsted, for which an allowance is made in the rents of natives, tenants there, in ordinary years, 11s. 9½d. "In allocatione certitud. letæ," from certain lands in Thorpe and Plumpsted, 6s. 10½d.
Clear value of the manor of Thorpe near Norwich, with Plumpsted Magna and Parva, Norf., 27l. 5s. 10½d. 1/8d. Signed by John Pykarell.
Latin. Parchment roll.
R. O.251. The Marches of Wales.
Petition to the King's Commissioners in the Marches of Wales, by Sir Ric. Harbert, John Corbett, Humph. Lloyd, John Clon, Raynolds, William and Matthew Price, for themselves and other the inhabitants of the "lordships marchers" lately appointed by statute [27 Hen. VIII. c. 26] to be the shire of Montgomery, in the Marches of Wales; for the abolition of inheritance by "gavaill kind," and for local government as in the shires of England.
Large paper, pp. 5.
R. O.252. Forfeitures in Wales.
"A remembrance" to Mr. Cromwell, the King's Secretary, for the King's profit.
Lordship of Wenloge and Margham in the King's hands:—Thomas ap Morgan of Morghan, John J . . . ys Kymys, and Morgan Thomas, have "in currid into the King's danger," 100l. each. John Sysill's goods, 100l. William Morgan John, the King's "enprover," of Wenllog, with 3l. fee and 31s. 4d. gift, has deceived the King. [Amount of fine] "at the King's pleasure." Morgan Thomas, 40l. "Smalle oder forfeits, and of the Coroner ys returns," 10l. Two or three great riots, if rightfully handled, 100l.
Lordship of Magor, where the King has no rent but the royalty:—Thomas ap Powell of Magor, 40l., and also in many other forfeits. Thomas Herbert the elder, outlawed and proclaimed a "rebelion," 100l. Ric. Rogger, Ric. Phelip, 10l.
The Queen's lordship of Cayerlion:—Thomas ap Powell, of the Pull, hath lost, due to the Queen, 60l. Thomas ap Powell, of Magor, 12l. John Phelpot, 10l.
Part of the above is found and the rest will be, if malefactors and transgressors be not impanelled in the inquest. Signed: "Per me, William Vaughan."
Wenllog, Marghan, Magor, Caldicot, and Grinfild, in the King's hands. Uske, Trelleg, Tregerike, Eddelegon, Cayerlion, and Lebeneth, in the Queen's hands.
P. 1., mutilated. Endd.: "Billa de foris[facturis] in Walli[a]."
R. O.253. The Royal Authority.
Paper magnifying the royal authority, and showing that the King has full right to all the lands and possessions heretofore given to "the said forsaken Antichrist," and that all princes, on notice being given them by the King "of the secretness aforesaid," are bound to make war against "the said forsaken, or any of his orders or synagogue."
Ends: "Item, the property, custody, and keeping of the testimonies of Scripture called the Book of Life, is given to the possession of the King's Majesty."
In Tuke's hand, p. 1.
R. O.254. Remembrances.
A bill for the execution of him that came from James Griffith ap Howell, which killed the two men at Hounslow. What shall be done with Thos. Fitzgarret? What order shall be taken with the prisoners in the Tower. A law to be made for the robbers on the sea and for their trials, and for the execution of such offenders as have been now in hold. For the assurance of the King's tenths and the first-fruits. For the true assessing of the subsidy. That the judges of the Common Pleas shall examine matters with their circumstance. For the orphans of London, and of the manner how they shall be assured hereafter of their portions. For the surveying of the accounts of the Great Wardrobe, and to set an order therein for the King's profit. The accounts of the clerk of the King's works to be surveyed. The ordynaunce of Calais to be established by Act of Parliament and put in execution. An Act for breeding of horses in all the parks and commons of the realm. An Act that never weir nor water-mill shall hereafter be erected or made within this realm. For the tin works, called water-works, in Devonshire, and for the amending of the havens there. For diminishing of the attorneys in all the shires, "which persons be the cause of great plea and dissension." Touching Sir Wm. Courtney's will, and to move the King therein. For payment of the King's revenues two times in the year, so that the general receivers may be compelled to pay as they receive. That the customers may be compelled to make payments quarterly of the money coming to their hands for custom and subsidy. For the sheriffs that they shall not hereafter have any tayles of reward, unless they can prove the cause why they ought to have. To remember the diminishing of the King's customs. To send for Candisshe to make a book of all the lands and revenues not yet given, which were parcels of Christchurch lands. To cause Candisshe and Lentall to take a view of all Bodye's accounts, and to see all his books put in safe keeping to mine use, so that they may be always forthcoming for my discharge. To cause Candisshe and Lentall to take a view of my household, the stable, my farms and cattle, and make report of the remainder. A view to be taken of all my debts due to me, and the days reported, and the specialties to be put in safe keeping. To examine the accounts of Thos. Thacker, Popley and Herry Poisted, and to see what remains in the hands of each. Touching the archbishop of York being from the Parliament, and whether he shall prorogue or dissolve the convocation. The effect of Sir Francis Bigott's letters touching the priest and Heron. To advise the King to grant few licences for any to be absent from the Parliament. Specially to remember forestallers and regrators, and specially the monopolies used throughout this realm. Specially to speak of utter destruction of sanctuaries. For the dissolution of all franchises and liberties throughout this realm, and specially the franchise of spirituality. The abomination of religious persons throughout this realm, and a reformation to [be] devised therein. To send Stephen Vaughan into Flanders. Device to be taken for the purgation of the prisons throughout the realm, and that the prisoners do [not?] remain in prison so long as they do. For counterfeiting of the King's sign. For forging of false evidence. That in chevisaunces or borrowing, no man shall lose above 10l. in the hundred for a year. For the diligence and yearly sureties (fn. 4) to be taken for the bringing the tenths and first-fruits, and for an office to be made for the taking of bonds for the first-fruits.
Pp. 3. Copy, with additions in Cromwell's hand.
R. O.2. Draft of the first part of the preceding.
In Cromwell's hand. Pp. 2, on a sheet addressed to Cromwell as Secretary and Master of the Rolls.
R. O.3. Draft of the second part of the preceding.
In Cromwell's hand. Pp. 3. Endd.
4 Feb.
Add. MS. 25,114, f. 137. B. M.
255. Cromwell to Gardiner.
Sends by the bearer the King's answer to his last by Brian, with copies referred to in No. 235. He is to return his opinion touching the same. The King is merry and in perfect health. Proffers of service. From the Rolls, 4 Feb.
P.S.—Touching the wood mill of which he writes, and the posts, makes no doubt he will be as glad as Cromwell for the good that is likely to ensue thereby to the commonwealth. Signed.
P. 1. In Wriothesley's hand. Add. Endd.
Cleop. E. v.
213. B. M. Strype's Mem. i. ii. 236.
256. Gardiner to [Cromwell].
"The opinion of me, the bishop of Winchester, concerning the articles presented to the King's Highness by the princes of Germany."
As to the first article:—If this be granted the King will be bound to the Church of Germany, and be able to do nothing without their consent, which the bishop of Rome may use for an argument that the Word of God may be restrained to a common assent; whereas by the Word of God they may reform their opinions without our assent, and we without theirs. Moreover, as the King is in his realm an Emperor and head of the Church of England, while in Germany there be only dukes and lower degrees, so that we prove the Emperor head of their Churches as the King of ours, how can they, without consent of their head, establish an agreement with us in religion, or we without derogating from the King's supremacy covenant with them? 2. The King might make them such a promise as contained in this article, but I see not how their promise in return can be sure, as they are subject to the Emperor. 3. As to the Council; as the King has nothing to do with the Emperor, I see not how he should agree to any Council indicted by the Emperor; yet this article agrees to such a Council as should be indicted according to the answer made to Peter Paul [Vergerius]. 4. The King may agree to this article, but I see not how they could do anything to hinder the Council if the Emperor would call it. 7. The word "association" soundeth not well. The King should have no lower place than head of the League, the others not being associate but adherent and dependent thereto. If any were to be associate it should be the duke of Saxony, whom, being an Elector, the King commonly calls his cousin. The rest of the articles, concerning mutual defence and money, are very advantageous to the Princes, but not equally so to the King, as they are so far off and call themselves the Emperor's subjects. Finally, they are wise in desiring all things agreed to before they send an ambassador to the King; for thus they shall send to us, not to learn of us, but to instruct us and direct our Church in such ceremonies as by their deliberation should be concluded.
"Thus, Master Secretary, according to your letters I write unto you what I think." Perhaps I write somewhat amiss, not knowing fully how they take the Emperor in Germany; but I fear our matters by way of league shall be the more perplexed by them. I would rather advise the King to give them money to defend the truth than to make a league with them. To hear their ambassadors would be well, "but upon the Word of God to make a new knot, whereof the one end shall be in Germany, shall declare rather a change of a bond of dependence than a riddance thereof." If the King can induce them to agree upon the "mere truth" it will be honorable; but a bond, if any of them should swerve, would occasion displeasure. Advises that the Germans should be moved to agree upon the King's supremacy as well as upon his cause of matrimony, "wherein God hath given sentence for the most part by the death of the Dowager. And this cause is now so [qu. as?] necessary as the other, for since my coming hither I have been essayed herein, and one said he thought they in Germany would not agree thereunto for fear of giving unto the Emperor overmuch authority over them." I replied as above.
Modern copy, pp. 4.
4 Feb.257. Servants of the Bishop of Tarbes.
See Grants in February, No. 6.
4 Feb. R. O.258. Roland, Bishop of Coventry and Lichfield, and Sir T. Englefield, to Cromwell.
According to your letters to the Council we have had the officers of Chirke before us, and examined the matter of the persons of Powes. We have also sent to Sir Ric. Herbert for his knowledge touching the men of Chirke, which we send. Though we made haste to save them on receipt of your letter, two were already hanged on good ground for burning a house. So should they have been who stole the sheep. The delivery of these persons from country to country was by convention of the duke of Norfolk, when he was here, and the lord Powes, for this Council did not mind the matter until they received Lord Powes' letters. Please help the reformation of the Club Sanctuaries of Wigmore and Beaudeley, as they have no privilege. Not a few thieves are received there. Let it be declared by Act of Parliament in what shire the town and franchise of Beaudeley stand, for if any be indicted in Worcestershire they say their town and franchise is in Shropshire, and vice versâ. It were better made parcel of Worcestershire, as their parish church is clearly in that shire. It is 12 miles from Worcester and 24 from Shrewsbury. Ludlow, 4 Feb. Signed.
P. 1. Add. Mr. Secretary. Endd.
R. O.2. List of prisoners remaining in the castle of Chirke and at Powys.
Delivered from Powys to Chirkland, now in the castle of Chirk:—David ap Cadwalader, John Wyn ap Cadwalader, Owen ap Cadwalader, Mores ap David ap Cadwalader, Jevan ap Dd. ap John, David ap Owen ap Gytton, Griffith ap David ap Tedder, Jevan ap John.
Delivered from Chirk to Powys:—Regnold ap Griffith ap Howell, Thomas ap Reynold, Griffith ap Reynold, Lewes ap John ap Guilliam ap Mores, Thomas ap Jevan ap Jnns(?), Lewes ap Morres, Robt. Morres, Jevan ap Howell dyo Benlloid.
If any man can lay anything to the charge of those in Chirk, saving for the old outlawry done 18 years past, they will abide their trial.
P. 1.
R. O.259. Roland [Lee] Bishop of Coventry and Lichfield.
"Remembrances for Lewes Johns."
1. To thank Mr. Secretary for his continual goodness to me and my friends. 2. To put him in remembrance for some augmentation either of diet money or of foreign expenses, considering the great charges in apprehending the multitudes of these thieves. 3. Sir Ric. Herbert is content to deliver the harness in his keeping, but he requires 40l. or 50l. for it. It were charity to help him with some allowance in his old days. 4. The earl of Arundel should be moved in this matter, as Sir Richard is at the last cast, and Mr. Englefeld says he is steward of the Earl's lands by inheritance; "whereby should ensue great quietness in these parts by a good officer." 5. "To remember the Constable of Clon to the said Earl." 6. To remember the farm of Robright, co. Gloucester, belonging to the monastery of Ensam, Oxf., which Mr. Whitney hath, that it would please Mr. Secretary to help Lewes my servant to the same. 7. To remember the abbots of Shrewsbury and Lillishull and the prior of C[a]mbridge(?), as well for having their instruments as for the relaxation of their injunctions; and, as the abbot of Shrewsbury is taken with a palsy, to move Mr. Secretary that the prior may have more liberty for the wealth of the house. 8. Lord Ferrers and the earl of Worcester have the King's harness, viz., lord Ferrers had 50 pair of Almain rivetts delivered to him out of the castle of Ludlow, and the old earl of Worcester 200 pair, now remaining in Chepstow, besides the harness remaining at Thornbury. Mr. Secretary should speak to the said lords on the subject, otherwise they will not be gotten. Here is neither gun nor gunpowder, and only about 100 sheaf of arrows and 40 old bows, little worth. Not one string nor axe whereby I could do the King service. Here be about 250 Almain rivetts, but neither gorget nor apron of mail. Thank God the country is quiet. 9. To remember the club sanctuaries of the franchise of Wigmor and Beaudeley. 10. To move Mr. Secretary for the pardons. 11. That the three persons mentioned in the book, put up to this Council by the deputy steward and the receiver of Chirkland, which Lewes shall deliver, who lately stole certain sheep, may take their trial for the same. Signed: Roland Co. et Lich.
Sir Piers Dutton has complained to us against John Newall, late his servant, for levying more streats than he was commanded, as shown by the copies of books sent by the bearer. We have therefore committed him to ward in Chester Castle till he has made restitution and the King's pleasure be known. Signed as above.
Pp. 3. Endd.
R. O.2. Order of the Commissioners at Ludlow that John Newhall be committed to Chester Castle for defrauding the King's subjects in certain estreats of amerciaments, and that Sir Piers Dutton shall be acquitted, as he was not privy to the said misdemeanour. Notary, T. Hakluyt. Dated at the head: Ludlow, 4 Feb. 27 H. VIII.
P. 1.
4 Feb.
R. O.
260. William Penizon to Lord Dacre.
Has received his letter, dated 23 Jan., requiring of Penizon his right in the abbey or priory of Lanercost, without offering any money for it. Cannot tell whether the fault be in Dacre or his servants, "but this one song they sing with your letters—they require much and offer nothing, with many words and no deeds." Was urged, before the return of his servant, to let Mr. Thomas Dacre have it, and assented on certain conditions. Thought this would have gratified Dacre rather than "inquieted" him. Offered his goodwill in the priory once to Dacre at Hynderskilff, when he declined. Yet he wrote before to the master of the Savoy to speak to him about it. His servants shall be recompensed for keeping it. From the Court, 4 Feb. Signed.
P. 1. Add.: The lord Dacre at Kirkoswald. Endd.
4 Feb.
Add. MS. 28,588, f. 185. B. M.
261. Henry VIII. and Francis I.
Enclosure in a letter from the count of Cifuentes to the Comendador Mayor, dated 4 Feb. 1536. * * *
The French king sends to the Pope a letter written to him by the king of England, in which he informs him of the death of the Queen his wife, and desires him to rejoice at it along with him, as he may thereby have better terms from his adversary than before. But he must remain faithful to their old alliance, as he has found Henry hitherto a very firm friend in his troubles; who now again offers his life, his realm, and all his powers to do him service. The Pope does not regard this much, as he doubts that the Queen's death will be a cause of separation between the two princes.
Ital.
5 Feb.
R. O.
262. [Lord Lisle] to the Seneschal of [Boulogne] (fn. 5)
I have received your letter. What has been done in the matter has not been with a view to any new enterprise, but only for the causes mentioned in my other letters. In consideration of your letters, however, I have ordered that your river shall have its course as formerly, and I shall be present there within eight days. Calais, 5 Feb.
Draft. Fr. P. 1. On the fly-leaf of a letter addressed to Lord Lisle.
5 Feb.
R. O.
263. [Anthony Ager] to Cromwell.
Has received his letters. Hopes within four or five days to send him a perfect terrar of the lands and rentals of the late monastery of Langedon. There are lands unlet in Folkestone to the value of 10l. a year. For Dovor we kept the Court in the priory yesterday. The King, as appears by an old rental, should have 14l. a year within the liberties of the town. which has been long unpaid, the prior not receiving above 4 marks a year, Has, however, charged a jury within the town, and expects to have a good way with them. They are, however, afraid of arrears being claimed, about which he wishes to know Cromwell's pleasure. Has discharged those who bought their livings there. Among these is a poor woman called Joan Bayly, who sold all she had to pay 20l. to the late prior, and is now destitute. She is well-beloved by the honest men of Dovor. Desires instructions about her. Bespeaks favor for the bearer, John Crafford, who holds the farm of the parsonage of Wallmar from the late abbey of Langdon, and fears to be distrained by the abbot, who receives from it his pension of 9l. a year. Dovor, 5 Feb.
P. 1. Add.: Thomas Crumwell, esq., Chief Secretary, &c.
5 Feb.
Nero, B. vii. 105. B. M.
264. Edmund Harvel to Starkey.
I have written three letters without answer, all sent by Cokerel. Jerome Mollins delivered to Mr. Pole your letter of the 10th ult., and we are surprised that there was no mention of our letters of Dec. 6. "Mr. Pole hath not made an end, but I think by all the present the work shall be absolved." The news of the old Queen's death was divulged here more than 10 days ago, and taken sorrowfully, not without grievous lamentations, for she was incredibly dear to all men for her good fame, which is in great glory among all exterior nations. Hic palam obloquuntur de morte illius, ac verentur de puella regia ne brevi ma[trem] sequatur. Men speaketh here tragice of these matters, which is not to be touched by letters. As far as I can see we have stirred up great hatred almost everywhere.
Letters of the 15th from Constantinople are so ambiguous that there is no certainty of the Turk's return thither, but rather an opinion that he is constrained to winter in Syria, for the Sofi is upon him stronge[r], and victorious. Barbarossa prepares 50 galleys in Bisantio. The Emperor leaves for Rome on the 8th or 10th inst. Naples has given him a million and a half of ducats. It is reported that the Pope will make 12,000 men, which is not credible. The Venetians have concluded to be in the Emperor's part, and will not meddle with Frenchmen. The Vayvoda's ambassadors are gone to the Emperor, who has authority from the Vayvoda to make peace with Ferdinand on what conditions he will. "Of the Frenchmen's cracks, more than of their deeds, we have continual rumours." Venice, 5 Feb. 1535.
Hol., p. 1. Add.
5 Feb.
Corpus Reform. iii. 35.
265. Melancthon to Joachim Camerarius.
"Your Englishman" (fn. 6) gave Melancthon his letter at the Saxon Thebes, (fn. 7) on his way back to Jena from the English ambassadors. He will wait for Melancthon at Wittenberg, for he can live there among his countrymen without expense. He seems of a courteous and liberal spirit.
Nicolas Heath, the archdeacon, excels the others in courtesy and learning. The others seem not to have tasted our philosophy or sweetness. Will therefore avoid conversation with them as much as possible. * * *
Hitherto the English have discussed the divorce. They contend that the law of not marrying a brother's wife is not dispensable. We, on the other hand, contend that it is. You see how much easier it is for them to contend for severity than for us to bend the law, so as to make divorce not necessary. Have not yet touched upon religious doctrine, but shall soon come to it. They say the French are preparing for war. Non. Feb.
Lat.

Footnotes

1 This document was placed in February on the supposition that "January" was an error of the writer, as bishop Nixe is stated in Le Neve to have died on the 14 Jan. But it appears that Le Neve is wrong, and that Nixe died in December 1535. See Vol. IX., Nos. 1032, 1042.
2 See his letter of the 25 Feb.
3 This Act instead of being repealed was enforced by a new enactment, 27 Hen. VIII. c. 23.
4 Surveys in § 3.
5 There is no clear indication of the year in which this letter was written, but it may refer to some matter arising out of the operations on sluices and seabanks mentioned in vol. ix., No. 891.
6 Barnes?
7 Wittenberg, whither Melancthon had gone for a short time on the 15 Jan. to meet the English ambassadors.