Henry VIII
April 1531, 1-15

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Institute of Historical Research

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James Gairdner (editor)

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1880

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82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94

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'Henry VIII: April 1531, 1-15', Letters and Papers, Foreign and Domestic, Henry VIII, Volume 5: 1531-1532 (1880), pp. 82-94. URL: http://www.british-history.ac.uk/report.aspx?compid=77456 Date accessed: 22 October 2014.


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April 1531, 1-15

1 April.
Le Grand, III. 522.
167. Nicholas Raince to Montmorency.
Has spoken again this morning to the Pope about the English affair, and both he and Albany were with him last night. He took time to reply after discussion, as his nature requires. Doubts not, for love of the French king, and in consequence of the good intentions which Albany knows well how to put forward, the Pope will be induced to give his word to pass April and May without doing anything to the prejudice of the king of England. He does not want it to be known by any one except Dr. Benet. Has not failed to tell Albany of it. The Pope knows so well how to bind the Rota and the auditor Capisucco, who has the cause in his care, that he will not be able to do anything except in Consistory, and in the Pope's presence. Since the 22 days which Monseigneur de Grandmont obtained with such difficulty, the Pope has delayed the process for four months at Albany's instance, without doing anything of moment, except what the English have solicited. Writes to Grandmont. Rome, Saturday, 1 April 1531.
Fr.
[1 April.]
R.O.
168. Harry Darell to Cromwell.
After my old rusty manner, I beseech your credence to this letter I have two sons in the court, to whom you have always been good, and, by report of master Horden, to Stephen, being with the clerk controller, whose suit I beg you to favor. I trust by your means he may obtain a living. Palm Sunday even, "at Skotteney, your old hostry, where I trust to see you or I die."
Hol., p. 1. Add. : Of the Council.
R. O. 2. Harry Darrell to Cromwell. (fn. 1)
Has the grant of Heyllsham, of which the vicar is dead, from Beygham Abbey. Begs Cromwell's help for his son, a priest, and his or my lord Grace's letter to the bishop of Chichester. Scotteney, "your hostrye," 2 Jan.
Hol., p. 1. Not add., but begins : Mr. Cromwell.
2 April.
Add. MS. 28,583, f. 134. B.M.
169. Charles V. to Mai.
"Has received his letter of the 23rd of last month. The answer of the Emperor to the bishop of Tortona. Contributions of the Pope toward the expense of the Turkish war. Galleys. Has read what the Cardinal of Ravenna has negotiated with the secretary of the king of Scots. Feels sure that the Cardinal intends to render him a service. He is to thank him. It is necessary well to consider this affair. Can, therefore, not send a definitive answer at this moment. Orders him to entertain the Cardinal with friendly and fair words, until he receives new instructions.
"Creation of cardinals. Siena. Pedro de la Cueva. Ghent, 2 April 1531."
English abstract from original draft at Simancas.
2 April.
Add.MS. 28,583, f. 133. B. M.
170. Charles V. to Card. of Ravenna.
"Has received his letter of the 12th of the present month. Learns from it and from what his ambassador, Micer Mai, writes, what he is negotiating in the affairs of Scotland. Feels sure of his sincere desire to render him services, as it is natural, he (the Emperor) being his warmest friend. The Ambassador will speak with him on this business. From Ghent, 2 April 1531."
English abstract from original at Simancas.
2 April.
Vienna Archives.
171. Chapuys to Charles V.
After the duke of Norfolk had given me some hope of obtaining the contract for corn which I asked for, he told my man that in consequence of the incessant rains here they were afraid of a famine, and that the King therefore would not grant my request, for which he was sorry. The same denial was made to a German, and I think it is reasonable, for corn is much risen in price. Since the ecclesiastics have obtained exemption from the prœmunire, the laity, understanding that the King would make his account to draw from them a large sum, insisted that the King should give them a similar exemption, showing that they had not incurred a forfeiture; and if they had, that, in consideration of the large sums of money they had given him heretofore, they ought to be absolved. As the King would not listen to them for some days there was great murmuring among them in the Chamber of the Commons, where it was publicly said in the presence of some of the Privy Council that the King had burdened and oppressed his kingdom with more imposts and exactions than any three or four of his predecessors, and he ought to consider that the strength of the king lay in the affections of his people. And many instances were alleged of the inconveniences which had happened to princes through the ill treatment of their subjects. On learning this the King granted the exemption, which was published in Parliament on Wednesday last, without any reservation. There were five or six whom the King would not have pardoned. One of these is a dean, of the Queen's council, who has always assisted in her process against the King. On Thursday, when the memory of this exemption was fresh, the Chancellor set forth by command that there were some who had said that the King pursued this divorce out of love for some lady, and not out of any scruple of conscience; and this was not true, for he was only moved thereto in discharge of his conscience, which, through what he had read and discovered from doctors and universities, was in bad condition by his living with the Queen, as would appear by the seals of the universities, which he would show them, of which they should understand the tenor and substance by what Brian Tuke would read to them. Tuke then proceeded to read them in English with a loud voice. This act passed first in the assembly of prelates and lords; and when all was read, the bishops of Lincoln and London, seeing that the three principal prelates of the Queen's Council were not there, and thinking the others would not dare to utter a word, proceeded to dispute in favor of the King. The bishops of St. Asaph and of Bath protested that that was not the place to discuss this question, and that the time was too short to demonstrate the justice of the Queen's cause; and therefore they would not amplify or declare the matter beyond demonstrating that what the others alleged in behalf of the King made directly against him. Norfolk, knowing that Lincoln and London would get the worst of it, and that by entering into a discussion the credit of the said seals would be impaired, interrupted, saying that the King had not sent the said documents to discuss the matter, but only for the purpose propounded by the Chancellor. Hereupon some one asked the Chancellor for his opinion; on which he said that he had many times already declared it to the King; and he said no more. When Talbot was similarly interrogated, he said it was not for him to give an opinion on the subject, and he would refer himself to those to whom knowledge and judgment belonged. When the matter was thus finished in the House of Lords, the Chancellor, with the dukes of Norfolk and Suffolk, the bishops of London and Lincoln, Brian Tuke, and many others, descended to the hall of the Commons, where the whole thing was read and set forth as before the Lords; except that the Chancellor added that the King had wished them to be advertised of this matter that when they returned to their houses they might inform their neighbours of the truth. When the reading was over, the bishops of London and Lincoln, with great ceremony, took it on their conscience that the marriage of the King and Queen was more than illegal, London alleging that when your Majesty was in Bologna the university determined the affair, and that there were many doctors in Italy who had not dared to write in the matter for fear of your Majesty, as he would prove by their own letters, which he had in his lodging; and that John Majoris, a great doctor of Paris, who had composed a book on this question in favor of the dispensing power of the Pope, had confessed to him that he had so concluded in order more to please the Pope, and favor the authority of the Holy See; and many such lies he set forth, which very few people will believe in, for most men know the chafferer, and know well that the bishopric makes him talk so. The Chancellor and the others retired without a word from the Commons, who rather showed displeasure and regret at this than anything else; and, so far as I can learn, the King is mistaken if he thinks that by these helpers he has justified his intentions with the people, for they are less edified than ever.
Next day, which was Friday, 31 March, the King about 5 p.m. was with the Parliament, and told them by the Chancellor that he was very well satisfied with them; and in order to give them leisure for the festivals at home, and to look to their affairs, he would allow them to depart till the morrow of St. Edward, 14 Oct. This long prorogation is pleasing to the Queen and many others; but there is reason to fear that if the King in the interval sees his advantage, he will anticipate the term, as he did last time.
On Friday John Joachin was coldly received, and was with the King scarcely more than half an hour. I think he has not brought such a despatch as the King wished for; and some surmise this is the reason for putting off the Parliament to the 14th Oct., for till then everybody believed that it would assemble eight days after Easter. Joachin and La Guiche have not since been in court. Today they came to see me, and by anything I can discover Joachin is not very well satisfied. I know not if it be that he fears he will not have the bishopric spoken of at his departure, since he has not negotiated to the King's mind. He has spoken to me of the triumphs at the Queen's coronation; and on my asking news of the Turk's invasion, he said he did not expect there would be any, because of a truce made between the king of Hungary and the Waywode. Entering further on the subject, he said if there were entire amity among Christian princes they would give the Turk some trouble,—especially if there were a good understanding between your Majesty and his master; and that it was a great pity they made so many wars for small portions of territory, when by going against the Turk they might acquire great kingdoms; showing by these words that the heart and will of his master is not altogether sound, or that he himself, in the vain hope of obtaining some counties and lordships once given to him in Naples, would like his master to attempt the recovery of that kingdom. He did not go so far with me as with the ambassadors of Venice and Milan, to whom he said there were prophecies that about this time your Majesty would lose all you had in Italy, and that a Neapolitan astrologer now at the French court has confirmed this prediction. He also told the said ambassadors that by pretext of the Turk's invasion your Majesty would collect large sums of money, but he thought he would not come this year, and that the King his master intended likewise to collect much money, and expected shortly to have as much as Charles V. or VI., which was reckoned at 17,000,000 francs. On their talking of the Queen's coronation and the amity between your Majesty and Francis, he, disliking to hear of that amity, said the contemplation of your Majesty had not enriched the feast, for they would have done as much for any other queen who had come to them. Joachin has returned to France more inclined to the Council than he was when he went; for then he said many evils would arise from it; now he says it is more than necessary. I did not inquire much of La Guyche and Joachin, as they were to have dined with me tomorrow, but they have sent to postpone it.
I have sent to tell the Chancellor that I have letters for him from your Majesty, and I wished to visit him. He begged me for the honor of God to forbear, for although he had given already sufficient proof of his loyalty that he ought to incur no suspicion, whoever came to visit him, yet, considering the time, he ought to abstain from everything which might provoke suspicion; and if there were no other reason, such a visitation might deprive him of the liberty which he had always used in speaking boldly in those matters which concerned your Majesty and the Queen. He said he would not hold them in less regard than his life, not only out of the respect which is due to your Majesty and the Queen, but also for the welfare, honor, and conscience of his master, and the repose of his kingdom. With regard to the letter he begged me earnestly that I would keep it as it is till some other time, for if he received it he must communicate it, and he hoped a more propitious time would come for its acceptance, begging me to assure you of his most affectionate service.
Hoping to have a summary of the proceedings in Parliament to send you, "nen ferey dimportance heure autre mention" (sic). The Queen lately left Richmond, where she left the Princess, and she is now at Greenwich, in great spirits at having escaped the determination of Parliament on the divorce, of which she was always afraid. She has nothing now to fear, except the Pope should delay the process, for which she has determined to write expressly to his Holiness. It is rumoured that the King, being doubtful of the sentence, and seeing he can obtain no further delay, has sent powers to dispute the plea, making his account that he shall be able to prolong it to the death of the Pope, and then he may have some better chance. As I have written to you, he might retard the definitive sentence five or six years, but the moment he has consented to the jurisdiction of the Pope, his Holiness might renew the brief which he decreed at Bologna, and drive the lady from court, and then there would be no need here to wait for another sentence. I have written to May. London, 2 April.
Fr., hol., pp. 7, from a modern copy.
[2 April.]
R. O.
172. William Gyfford to Cromwell.
As you desired me, when I was last with you, to inquire of the farm of Compton, and send you word how [liked it, be good enough to get it for me at a reasonable rent, and I doubt not it will do me a good turn, and bind me to owe you service. Cleydon, Palm Sunday.
Hol., p. 1. Add. : Right worshipful. Endd.
4 April.
S. B.
173. Henry VIII.'s College, Oxford.
For the Dean and Canons of the King's College, Oxford, late Cardinal's College.
To be receivers, in the King's name, of the half year's rents, &c. due at the Feast of the Annunciation, of all lands, as well within the duchy of Lancaster as elsewhere, belonging to the late monasteries of Frideswide and Lytlemore, in counties Oxford, Berks, Bucks, and Northampton; and of the site of the manor of Poghley, with the parsonages of Chadelworth, Berks, and Rudby, Yorks., and the prebend of Wetwang, Yorks.; also the half year's rent, &c. of the profits, tythes, oblations, &c. due at the Annunciation, belonging to the late monasteries of Canwell, Daventre, and Wallyngforde, in counties Oxford, Berks, Bucks, Northampton, Leicester, and Rutland. Greenwich, 4 April 22 Hen. VIII.
5 April.
R. O.
174. Henry Hargryppe, vicar, to Cromwell.
The last time I was with you at London, you commanded me to receive the farm and rents of the late priory of Horksleye. On the day of receipt, I asked John Halle if he would receive the rents, and he refused to meddle therewith. On my asking for the rental, he said he left it with you, at the audit. Please send it. With regard to the said priory, I beg you will make no promise till I see you with the money of the half year of Wykkes. Wormyngforthe, 5 April.
Hol., p. 1. Add. : To the right hon. Mr. Cromwell this be delivered in haste, dwelling at the Freare Awstens gate.
5 April.
R. O.
175. William Laurence to Cromwell.
I enclose you, as you wished, the value of the manor of Borne, with the tile kiln and the house next the bridge, now in the hands of Mr. Hall; also the rents of the assize in the town of Wherstedd. I have "mett" (measured) the wood, called the Lunt, that Mr. Alford has; there are 5 acres 1r. 10 perches in it; and I learn by a workman that they can raise above 400 load, and every load worth at the stub 6d. If Alford have it at 16s. or 20s. the acre, he is much beholden to you. He is displeased with me for the meadows you granted me, and will be more so if he knows what I tell you. I have "mett" the wood and the grove at Hemingston. The wood contains 3 acres, the grove 1 acre 1 rood. I have improved it; for where I was offered 20l., I may now have for it 24l. Let me know your pleasure, as no one will buy it without your warrant. I send you enclosed the account of the priests of St. Matthew's and St. Clement's made before Ruch and Alford. I cannot tell whether the rents of the assize belong to Borne or to Panyngton. Gypswich, 5 April.
Hol., p. 1. Add. : To the right [worship]ful Master Cromwell. Endd.
5 April.
Simaneas MS.
176. Katharine Of Arragon to Charles V.
The Ambassador will inform your Majesty of what has passed in this Parliament, and I only wish to tell you what I have been advised by my friends, who desire the good of the King, and a good end in this case. The signatures and opinions have been shown to his subjects for two reasons; first, on account of the shameless life he leads with the woman whom he keeps with him, and because he thought that showing them would be enough to make the kingdom consent. Truly I think this alone has been the cause that the disorder has not happened, which I expect every day, and which those fear who fear God. I am informed that the French king asked the Pope to delay the case. If this has been granted, the delay, and the means they use here to get the good-will of the kingdom, will accomplish what they want; but they will let the matter drop in the first Parliament, unless the delay is conceded.
I beg you not to consent to it, but to demand a sentence and decision before the time fixed for the Parliament, which will be the month of October in this year. I beg pardon for my frequent importunity. I am sure you are more anxous about it even than myself, and will not desist until you see the end which my right deserves. I again beg you to procure a sentence before the time I have mentioned, and to order testimony to be sent from Spain as to my virginity when I married the King, which will complete what I have so long desired. The Ambassador has shown goodwill in forwarding messages to me (para yntimar los recaudos que aca estan). I was ready to go to the Parliament and the King, if necessary, and declare my truth and rights. Gramache (Greenwich), 5 April.
Sp., pp. 2, modern copy.
5 April.
Simancas MS.
177. Admiral Of Castile to Charles V.
Asks for news of his health, and of his arrival.
In times past the queen of England showed him great kindness. Caused his nephew, Don Alonzo, to study her case six months ago, and sends him to help the lawyers in her defence. Valladolid, 5 April 1531.
Sp., p. 1, modern copy.
5 April.
Add. MS. 28,583, f. 140. B. M.
178. Mai to Fras. De Los Covos.
"Siena. France. Duke of Albany, &c.
"News from Genoa that the galleys of the king of France are returned to Marseilles.
"In as far as England is concerned, refers him to what he writes to the ambassador there (in Genoa). Encloses a copy of his letter.
"If the remissoria are already sent to Spain, it would be good that the president and the governors of Arragon, Valencia, and Catalonia did all in their power to execute them.
"Has seen a letter from France, which states that the king of France is very much offended by the Pope, because he has forbidden the Parliament and king of England to do anything de facto in the lawsuit. The king of France has used very strong language to Rome, and speaks of the possibility to renounce the obedience of the church of France to the see of Rome. Don Fernando, &c.
"Superscribed : To the Commendador Mayor, from Micer Mai, 5 April."
English abstract from original at Simancas.
5 April.
Add. MS. 28,583, f. 141. B. M.
179. Mai to Los Covos.
"Has received his letter of the 23rd of last month. The more the affair of the Council advances, the more is he confirmed in what he has said. Has been informed that the king of England objects to a council in Italy, and asks that it be convoked there (Flanders or North of France). "Sienna. Bulls of the coronation, &c., &c.
"The duke of Albany negotiates a marriage between his brother and the duchess of Camarino. Asked the Pope, who answered that it was true; but, smiling, added that the Duke had also spoken to his niece about a marriage with the king of Scotland or the duke of Orleans,—intimating thereby that the Duke conducted himself lightly, and that he laughed at him. Is not quite satisfied with the answer of the Pope. Rome, 5 April 1531."
English abstract from original at Simancas.

Add. MS.
28,583, f. 142. B. M.
180. Charles V. In Council.
"Consulta.
"According to what Micer Mai, the Cardinal, and the others write, the negotiations of the cardinal of Ravenna with the secretary of the king of Scotland have had this result; viz., that the king of Scotland is ready to accept a wife from the hands of the Emperor, a daughter or a niece of his; and that the secretary has left [Rome] on post horses, saying, that the Emperor can send his orders to him in Scotland, or declare them by word of mouth to Mr. de Veyre. They beg that a power be sent to Rome to continue these negotiations. It seems that it would be better to carry on these negotiations here (at the court of the Emperor), and to write letters of thanks to Rome.
"Written in the margin by Francisco de los Covos : A gracious letter to the Cardinal, asking him to entertain them with fair words until we see more clearly. Attention to what is to be communicated to Mons. de Granvella.
"Answered." *
English abstract from original at Simancas.
[6 April.]
R. O.
181. John Gostwyk to Cromwell.
I send you by the bringer a calf and 2 doz. pigeons, the best novelties I can send you at this time.
You would not believe how Mr. Luke is dismayed because I brought not his bill. Please write to him. I pray you continue good in the Welsh matter, and I will see all promises performed. Willyngton, Shere Thursday, 8 p.m.
Hol., p. 1. Add. : Of the King's Council. Sealed.
6 April.
R. O.
182. The Corporation Of Salisbury to Cromwell.
As we have had no sessions for gaol delivery a long time, considering the number of the prisoners, their great hunger and misery, we beg commissions may be sent for this purpose,—either the old, now in the custody of Mr. Baynton, or others. We trusted that Dr. Benet (fn. 2) would have brought them with him when he came from London, and made proclamation that the sessions shall be kept on Thursday next after Low Sunday. After quarter sessions on Monday next, the justice will return to London; so, if the City sessions be not kept on Thursday following, we shall have none before Whitsunday. Sarum, 6 April.
Hol., p. 1. Add. : Right worshipful.
6 April.
R. O.
183. Giovanni Portinari.
A receipt for some money had of Richard Etton for black velvet (?). 6 April 1531.
Ital., hol., p. 1.
10 April. 184. St. Mary's, York.
Restitution of temporalities. See Grants in April, No. 9.
11 April.
Faustina, C. VII. 99. B. M.
185. Dean And Canons Of Henry VIII.'s College, Oxford, to Henry VIII.
Thank him for the lands which he has lately granted to them. All the foundations are laid, and most of the walls built to the required height. The church is a few feet from the ground, and there is an abundant supply of building material. Beg him not to allow the work to remain imperfect, but to assist them with money and statutes. Oxford, 3 Id. April.
"Decanus et canonici novi tui apud Oxonienses Collegii."
Lat., pp. 2. Add.
11 April.
R. O.
186. Edmund Knyvet to the Duke Of Norfolk.
Is not able to recount the disordinate and unlawful abuses of certain ill and riotous persons, as well as he would, in consequence of great pain in his head and eyes. While with his wife at his father-in-law's house at Carowe, where Dr. Mandfyld was attending him, heard from one of his servants that the parish priest of Mendylysham had declared that his tenants there were making riots and unlawful assemblies; and fearing further mischief, he desired the man to request Knyvet to come thither. Did not write to Norfolk on this information, hearing that he was gone to Lynne, but rode thither immediately. Examined one William Donkon, who durst not declare his knowledge. Being a substantial man, and dwelling among them, he dares not persuade them contrary to their unlawful deeds; but suffers what he would gladly resist, if he had power or aid of others, which neither he nor others can have here, they be so confederate together.
At Knyvet's coming on Sunday last, eight or nine of these riotous persons came to welcome him. Examined them; but they were so determined that he could not get at the truth. The next day called some others, whom he did not judge to be their adherents, of which sort there are but few. Perceived from their examination that their offence consisted, first, in unlawful assemblies to the number of 100, 60, 50, 30, and 20 persons, several times in divers houses. To questions about the purpose of their meeting, they have answered "that our meeting is for a ghostly purpose to be done by us Christian brothers and sisters." Cannot find out from them what conclusions they have determined, though he has used all the policy he can. They confess that they have named a mayor, a shreve, a lord, a bailiff, and other officers. They have themselves confessed it, except the mayor, who has not come here since Knyvet's arrival. Trusts, however, to have him ready when he hears from the Duke.
They say this election of officers was for pastime. Fearing that such blind excuses might proceed to open mischief, and knowing that all such confederacies, unlawful assemblies, and gathering of money (which also they have done) are directly against the laws and common peace, and like to come to further evil, has charged the persons before named to be ready to answer to what may be laid to their charge. Has only attached one of the Christian brotherhood, a boy of 20, whom he committed to the stocks for saying to the curate, when he came to confess this Lent, "I come to desire you to set my name in your book that I am shriven and forgiven of God, for this morning I spake with him, so that I know myself assoiled." When the priest refused to take this confession, he tried to strike him with a dagger. After punishing him with the stocks, would have let him go; but he said, in the hearing of Knyvet and many others, "I trust once to see a thousand such knaves lose their heads on a day." Will keep him till he hears from Norfolk. The rest are still at large, as he has [no] perfect proof of any other acts done by them than what he has written. Has no matter against them but their opinions, which are erroneous. Desires to know the Duke's pleasure. Mendylsham, 11 April.
Hol., pp. 3. Endd.
11 April.
Vienna Archives.
187. Chapuys to Charles V.
Besides the Queen's wish to write to the Pope, she is more anxious than ever, seeing that the King does not cease to despatch couriers to Rome, and has written this to his Holiness, of which I send you a copy.
The French ambassadors have presented to the King a very ingenious clock, showing the movements of the spheres and the course of some of the planets. I think if Joachim had been the inventor of it, Mars would have predominated rather than Mercury. I don't know whether it comes from him; but the same day it was presented, the Master of the Horse told the Queen that the French king had said to the Imperial ambassadors that he would never be a friend with you, on account of the rough treatment you had given him. The said Ambassadors were yesterday in court when La Guiche took his leave, and had not the compliment of dining at the King's table, for he dined with the Queen.
The Princess has had a pain in the stomach for the last eight days, and and cannot retain much of what she eats; but from what her physician tells me, I expect she will be well again very soon.
The Venetian ambassador tells me that the men here wish for the coming of the Turk. The Chancellor told one of my men, who was condoling over the blindness of princes, that they had no thought of assisting your Majesty. And when my man said to him, that possibly seeing you were much occupied in repelling him, they might make some enterprise, he said that there was no reason to fear on this side, for there was no order nor power. As for their will, there would be more reason to doubt. London, 11 April.
Fr., hol., p. 1, from a modern copy.
11 April.
Add. MS. 28,583, f. 144. B. M.
188. Dr. Ortiz to the Archbishop Of Santiago.
The Ambassador is displeased at his having come to assist him in the prosecution of this cause, and says that the Emperor sent him principally about the affairs of Luther and the Council, and that the English cause has to be decided more by law than theology. He has presented Ortiz to the Pope that he might deliver his letter to him; but he did not wish those to the Consistory and Cardinals to be delivered, when Ortiz asked him about it, in pursuance of the Emperor's orders, unless he would give the letters to him. He said he would do what was wanted, and that some of the Cardinals desired him to communicate with them, on account of the disputes before his Holiness. He gave them the letters for me, but late; and I hoped he would alter his mind about the letters to the Consistory. Made use of Pedro de la Cueva, but he resisted him no less for more than two months. The Pope and Cardinals are well disposed to me, but the Ambassador will never make use of me in the cause, as the Emperor ordered. When I asked him to do so, he replied that I held no charge from the Emperor more than any lawyer here; that my letters were not sufficient commission, &c.
A dimissoria to take evidence has been sent. The Ambassador is of opinion that the sentence for which I am asking, that this prohibition of the marriage of brother and sister-in-law is not divine, but only canonical, cannot be asked for until the proof of the witnesses has been made, about which this dimissoria is sent. He wishes to proceed to take the witnesses whom I have here in Rome.
I am pained at the delay, both on account of the justice of the cause, and for compassion for the Queen, before whose eyes the King has so long kept a concubine. There is no need of more opinions. When the article about which I am come is declared and proved, all will remain clear.
I hope the business of my brother, Fray Francisco Ortiz, will be well concluded by your favor. Am myself in great necessity, and this country is dear.
News came to the Pope yesterday of a truce with the Turk for one year. Rome, 11 April 1531.
Sp., pp. 5, modern copy.
11 April.
Add. MS. 28,583, f. 147. B. M.
189. Mai to the Archbishop Of Santiago.
Wrote by the last courier, and sent a copy of the articles presented on behalf of the Queen, that you may have time to collect witnesses in that kingdom for the proof thereof. The remissorias are now going. The practice of this court is only to give them to a banker. So I have arranged with Simon Centurion's banker, who will give you this letter first, that you may say to what judges the remissoria shall be given. I ask you also to see the relation.
You are now the judge of the cause, as the result depends on what is sent thence. I say this because the case presents no difficulty in law, so to speak; the only difficulty is whether it be true or not, "que obiesse aquellas causas o sospechas como lo articulamos, y de aqui cuelga la victoria desta causa." Urges him to use diligence. Rome, 11 April 1531.
You must choose the judges, and the banker will give them the acts, and send the despatches here.
Sp., pp. 2, modern copy.
12 April.
Le Grand, III. 521.
190. Nicolas Raince to Montmorency.
As Albany has written by Valois to the King and Montmorency, he has heard of the two months' delay in the affair of England, and the Pope's goodwill in the matter, owing to his affection to Francis. Thinks his Holiness very willing to please the King; but he wishes what he has done to be known to but few, and has not allowed either the auditor of the Chamber or the chevalier Casale to hear of it, but only Dr. Benet, that he may testify to his master of the French king's exertions on his behalf. Rome, Wednesday, 12 April 1531.
Fr.
13 April.
R. O.
191. Dr. Ric. Hylley, Chancellor to the Bishop of Salisbury, and Thos. Baskett, to Henry VIII.
In accordance with his commission to them, John Horsey and Wm. Vudale to determine the matter at variance between Thos. Gawen and Wm. Husee, and certify his Grace on May 12, have called together the parties, and, being unable to determine the matter, have examined certain persons, whose depositions they send, and have ordered the parties to attend upon the Council on May 12.
P. 1. Endd.
R. O. Examination of witnesses concerning the will of James Cooker, late of Eston, in the parish of Donhed Andrewe, Wilts, taken by Hylley and Basket, 11 April 23 Hen. VIII., by virtue of a commission dated 22 Feb.
Sir Geffrey Smyth, priest, of Yetmyster, Dorset, 44 years, states that the copy of the will made by him in presence of Hylley and Basket is a true copy of that which he read to the deceased before Wm. Bowre and John Tomer. Robert Martyn was named as a witness at the testator's desire, but refused to come from fear of the infection of the plague whereof Cooker died.
The copy exhibited by Thos. Gawen is untrue.
Read the will to Gawen, who desired him to ask the advice of Thos. Chaffyn, parson of Dunhed Andrewe, to put it in good form, when Chaffyn made a draught of it. Gave Gawen a true copy.
Wm. Bowre of Dunhed Andrewe, and John Tommer of Eston, state that the copy made by Smyth is true, except that he heard Cooker say that he would leave 10 sheep to his servant Roger Baker, and his farm, till his children came of age, to Mr. Gawen.
13 April. Thos. Mompesson of Corton, Wilts, says that five or six years ago Gawen sent him a draught of Cooker's will, desiring him to draw it out formally; which he did. Afterwards Gawen desired him to prove the draught which he had made, and get him the administration. This was done by the cardinal's commissary without any examination of witnesses.
Pp. 4. Endd.
R. O. Will of James Coker of Eston, in the parish of Donhed Androw, Wilts, made 26 July 1526. Desires to be buried in St. John's church, Barweke. Leaves 3s. 4d. to Our Lady Church of Sarysbery; cows and ewes to the church works of Donhed Androw, to the brotherhood of Our Lady at Barweke, and to the chapel of Eston; land at Senyngham and other things to his brother John, and if he die without issue, to his children "Edyt, Edyt, and Alys," with reversion to his godson Harry Gawyn; other bequests to his tenant of Seninton, his sister Jane Banfylde, Sir John Coker, priest, Sir Jeffrey, his ghostly father, Walter Hobbes, John Shepparde, Heydyn, John Tomer (the hay off Stoke Hill), and Wm. Bowar. Appoints his brother, Thos. Gawyn, Esq., as his executor and guardian of his children "Edyt, Edyth, and Alys." Wishes a priest to sing for himself and family at Donhed Androw for a year.
Attested by Sir Jeffry Smyth as a true copy, in presence of Richard Hilley and Thos. Baskatt.
Mem. by Hilley that Smith delivered it to him 28 Jan. 23 Hen. VIII.
P. 1. Endd.
R. O. Another copy. Endd. : "The copy of the testament of James Coker, drawn up by Mr. Thos. Chaffyn, parson of Donhed Andrew."
P. 1.
R. O. Another copy. Endd. : "The copy of the testament of James Coker. Exhibit by Mr. Thomas Gawen."
Paper roll, mutilated.
13 April.
Add. MS. 28,583, f. 149. B. M.
192. Muxetula to Charles V.
"Pay of the army. The six months, during which the Pope has promised to contribute towards the payment of the army, soon are at an end. The French, who have always spoken very much of the Council, try now to prevent it.
"Tarbes is expected. It is said he comes to occupy himself in the matrimonial cause of England. Does not believe it. As he has been the principal person to prevent the Council, the French think the Pope owes him a debt of gratitude, and attempt to obtain through him certain things from the Pope. Promises well to watch Tarbes, and to see that nothing against his (the Emperor's) interests be done. The marquis del Vasto has arrived at the camp, &c. Turks. Rome, 12 and 13 April 1531."
English abstract from original at Simancas.
14 April.
Heine's Letters to Charles V., 79.
193. Cardinal Of Osma to Charles V.
The Pope has told him the answer given by the French king to Mons. De Prat, which was what the Cardinal expected after the long delay. To say that before the celebration of a Council, it is necessary for all Christian princes to give their opinions, is directly to prevent it, and not to wish it to be held at all. So that the Council has come to nothing (se ha resolvido como landre), and all the thunder and lightning that was going through Europe about it has disappeared as if the past were a dream. It was clear that the Emperor was waiting for the consent of France to reply to Gambaro. His Majesty must repent his earnestness in asking for it.
On coming out of the palace today, was told by an intelligent person that the Emperor had sent De Prat to France merely that he might get out of the enterprise without disgrace. There is no doubt that the French king has been moved by the Emperor's increase of honor and authority, and that the king of England has also done much to prevent it, because qui male agit odit lucem. Does not know what the Emperor thinks of the French king's reply, but advises him to let the matter drop, as now there is more likelihood of the Council resulting in a new war than in any good.
Suggests that he should write to the Pope of his good intention in procuring the Council, saying that if Lutheranism grows he is now free from blame, and offering assistance in defence of the Faith. Has been assured by the Pope that he did not cause the French king to make this answer, which was the result of the envy of France and the levity (liviandad) of England. Thinks, however, that it pleases him. Gives an account of a conversation with the Pope on this topic, about the Turk, and Italian affairs.
The Nuncio [in France] says that the mission of the cardinal of Agramont (Grammont) concerns the English affair and the marriage of the Pope's niece; but his Holiness and Osma think these are not sufficient reasons for his travelling post. The principal reason may be some new plots which concern Genoa, or business of state. Rome, Friday in Easter week, 14 April.
Sp., pp. 6.
14 April.
Add. MS. 28,583, f. 150. B. M.
194. Mai to Los Covos.
An officer of the French king has come to Albany. The Pope is pledged to the king of France not to hold a Council. Rome, 14 April 1531.
P.S.—Told the Pope what I had heard that the bishop of Tarbes had promised for his Holiness in the English cause. He answered that it had been made good, because he had promised to defer the cause (sobreseher) for three weeks, and they thought he said three months. Said this was an example showing that he ought to proceed to justice, as when he treated them well they turned weeks into months, and of months they will make some bad use.
Sp., pp. 5, modern copy.
Ib., f. 159. 2. Another copy of the same letter.
14 April.
Add. MS. 28,583, f. 153. B. M.
195. Mai to Charles V.
The cardinal of Grammont (Agramonte) is coming; some say, on account of the affair of England, others, to conclude the marriage of the Pope's niece with the duke of Orleans. They are so easy in their causes that they can scarcely be heard. I say this because we took the same care of Albany at his coming, and in the end we do not know that he did anything.
A letter came from the French court stating that Tarbes was reprimanded because he promised on the Pope's behalf more than he ought. After we had gained the repulsion of the excusator, the kings of France and England complained of it, and he offered to go to the Pope to remind him of what he had said. It is now more than six weeks, and no notice has been taken of him.
I do not think the Pope has any secret intelligence with them. I have letters from the French court of 27 to 30 March, with news of the answer to De Prat. The cardinal of Grammont has said that he came about the affair of England, and that the King would never come to trial at Rome, and that he had come to see that that kingdom and king should not be lost. Rome, 14 April 1531.
Sp., pp. 3, modern copy.
Ib., f. 156. 2. Another copy.
15 April.
R. O.
196. Sir Wm. Tresham to Cromwell.
Today Edw. Standishe, bedill of law, is dead. The King wrote for the next avoidance of the place, and Tresham desires to know his pleasure. One Hunte, a scholar of Cromwell's, begs his assistance, that he may continue here to study the common law. The King's College, Oxford, 15 April.
Hol., p. 1. Add. : To, &c. Mr. Thomas Cromwell, of the King's most honourable Council. Endd.
15 April.
R. O.
197. The Divorce.
Opinions on the divorce by the lawyers of Cremona, in agreement with that of Philip Decius, viz., of—
i. Joseph Maria Brumanus. Pp. 22, sealed.
ii. Nic. Botta. P. 1, sealed.
iii. Jo. Andreas Milius. P. 1, sealed.
iv. Antonius Persichellus. P. 1, sealed.
v. Jo. Bapt. Stangha. P. 1, sealed.
vi. Ascanius Botta. P. 1, sealed.
vii. Nicolaus Vernatius. P. 1, sealed.
viii. Bernardinus Crottus. P. 1, sealed.
ix. Notarial attestation by Jo. Marcus Gibertus that the above signatures belong to the Faculty of Law at Bologna. Cremona, 15 April 1531.
Pp. 2.

Footnotes

1 This letter is of Wolsey's time.
2 Thos. Benet.