984. The French Payments.
See Grants in May, Nos. 1-5.
985. Margaret Countess of Salisbury.
Deed appointing John Elyar, M.A., to be her domestic chaplain,
1 May 1532. Broken seal attached.
986. The Earls of Westmoreland and Cumberland and Sir
Thomas Clifford to Cromwell.
Received on Wednesday last the King's letters and instructions signed
with his hand. Repaired without delay to the Bishop's (Tunstall's) house at
Awkeland, where his chief abode was, and most of his substance lay. Came
thither so secretly that no one had any expectation of it, and called into a secret
place the chancellor, surveyor, and Dr. Ridley, who had the whole ordering of
his house, and were most privy to all his doings. Took from them the keys
of my Lord's lodgings and studies and of their own chambers; then sent two
trusty gentlemen to keep the Bishop's house at Stockton, and to lie there
a night till we came. Having discovered that Dr. Ridley, who was most
secret in all the Bishop's doings, had double keys of his chamber, had his
servant searched, and found in his bosom and purse certain scrolls. "But
he had missed of those things which his master sent him for; as afterwards
we learned, by Mr. Ridley's examination and his, the things that he would
fainest have had were these :—The book De Differentia Regiæ et Ecclesiasticæ
Potestatis, (fn. 1) and a book which he himself had penned against them
that would take any possessions from the Church." In the first book he
had written many things against it in the margin. Both these books John
ap Rice found out afterwards, and put in order with everything else bearing
on the King's causes which they found in the Bishop's chamber or Dr. Ridley's.
Were surprised at finding so little, he being so great a student, and so stiff
in his opinion, as appeared by other of his writings which we found in other
men's chambers. We send the writings found in the Chancellor's chamber
in a casket under our seals. Took an inventory of the Bishop's moveables, and
went to his place at Durham, hearing of money lying there. Found in a very
secret place in Durham Abbey 300l. 11s. 7d. Took an inventory of other
goods there, and went to Stockton, where they did the same. Meanwhile
there was no place of charge, but some of us lay there all night to prevent
conveyance of anything. Are surprised to have met with so few writings
of importance, and so little household stuff. Think he must have looked for
this business long ago, and made all things clean beforehand. Have locked
and sealed the doors where any of his books lie. Have committed the
custody of the plate to Mr. Surveyor by indentures. Send an inventory.
Will send inventories of the rest hereafter.
Will fulfill the rest of their instructions when they find an opportunity,
which will not be, by all conjecture, till Monday come sevennight, as the
King's letters cannot have been delivered to "him" (the Bishop?) till today;
for Sir Thos. Clifford overtook at Doncaster a servant of Mr. Brian Tuke,
who was said to have a letter to Sir Chr. Dacre from the King. Have
written shortly to the King. From the bishop of Durham's house at
Stockton, 2 May.
Found at Awkeland only 11l. in ready money. Have charged the surveyor
with all the goods and chattels, and warned him not to administer
anything important till he knows the King's pleasure. Signed.
Commend the pains taken by "your servant" John ap Rys.
Pp. 3. Add. : Mr. Thomas Cromwell, one of the King's most honorable
987. John ap Rice to Cromwell.
Has done his utmost about this business of the King's, and has picked
out all writings that might be suspected to appertain to the King's causes,
as well in my lord of Durham's chamber, which are few or none, as in
Mr. Ridley's and the Chancellor's; all which lie in order in the casket, everything
by itself, as they were found. Has noted much of the effect of everything
on the outside of the books or in the margin. Found in my Lord's
chamber only four letters, "bound together uppermost," and of no great
importance. Thinks he must have "prevented" this long ago. He had
almost no writings of his own in all his chambers, and must have "done
them away before," being so studious a man,—"as I know such can never
hold their pen from the book though they would lightly." Moreover the
letters we saw here "were in two small bundles together in a casket upon
strings, so trim and so in order that it should seem there had been one
picking them of late and choosing them out." Saw also a letter which a
nephew of Dr. Ridley had sent him, saying he had heard the Bishop and he
should be sent for; which letter is now in the casket. The things they
found of any importance were in Dr. Ridley's and the Chancellor's chamber,
who were less distrustful than the Bishop, although Dr. Ridley probably
did away many things also. Calls attention to a little scroll, on the back of
which he has noted what Dr. Lee did in the time of the Convocation of York.
In such little scrolls ye shall see all the man's stomach, for when anything
came to his mind he ever pricked it in such small schedules. "Also be you
adsured, the lords and we could never more conveniently ne more secretly
come together and enter to the said Bishop's houses than we did, nor our
journey and the Bishop's come better to pass than it came; for long after
Mr. Captain and I had taken our lodging at Stampforde in the tone end of
the town, the Bishop come thither and took his lodging at the tother end.
And before day on the morrow we took our horses and rode in post where
afore we had not but made reasonable journeys, so that we were at the
Bishop's houses all together afore all expectation of men." But after we
began to search the houses, the matter could not be kept secret, "such a
company as was both in the Bishop's houses and in our company," though
at first we pretended the Lords were gathered there to consult touching the
Marches. I hope the other persons will not be warned before our coming.
Begs Cromwell to remember his bill touching the office of visitation.
Stockton, 2 May.
Assures Cromwell the lords did their diligence well.
ii. Inventory of plate and ready money found at Awkeland.
Hol., pp. 3. Add. : Mr. Cromwell, one of the King's most honorable
988. John Spelman and Christopher Jenney to [the Bishop
of Durham]. (fn. 2)
Ask him to confirm their decision at the assizes at Durham of a
dispute between Mr. Laton and John Hakborowe and Jane his wife, ordering
that the former shall have a certain house and lands, and restore to the latter
certain goods. Signed.
Draft of an order by the Bishop for the restoration to Hakborough by
Bryan Laton of a cupboard, a great chest, an iron chimney, price 6s., and a
press of fir, taken for a "stresse" by William Kyllynghall, Laton's predecessor.
989. Chapuys to Charles V.
The long stay of the baron of Montfalconet here has been unavoidable.
We have tried every means to have a speedy despatch, but the importance
of the matter, the hope the King gave us of an early answer from
France, and the Queen's advice, detained him here. His mission has been
fruitless, as your Majesty will hear from him.
The King is again soliciting the Estates for an aid for the fortification of
the Scotch frontier. Two worthy men (hommes de bien) dared to say openly
that the fortification was needless, as the Scotch could do no harm without
foreign aid, and that the best fortification was to maintain justice in the
kingdom and friendship with the Emperor; and to this end the Estates
should petition the King to take back his wife and treat her well, otherwise
the kingdom would be ruined, as the Emperor could do them more harm
than any other, and would not abandon the rights of his aunt : the discord
which the cause was provoking would ruin the kingdom. These words were
well taken by all present, except two or three, and nothing was concluded
about the aid. The King was displeased, sent for the majority of the
deputies, and made them a long speech in justification of his conduct in the
divorce. He told them it was not a matter in which they ought to interfere,
and in a most gracious manner promised to support them against the Church,
and to mitigate the rigours of the Inquisition which they have here, and
which is said to be more severe than in Spain. It is true that he did not
say this openly before all, but he made them understand it. Those who
have conducted the affair have spoken more plainly. The Estates have now
granted a fifteenth, which is not as much as Chapuys thought, as it only amounts
to 28,000l. st.; half to be paid at the next Feast of the Purification, and the
rest a year after. Many think there will be some disturbance at the
collection. The King has again referred to Parliament the rights he wishes
to have on inheritances, but Parliament will not agree to it.
The Observant Fathers (fn. 3) are still under arrest. They have been told that
the King has sent to Rome for a commission to the provincial of the Broadsleeved
order (ceulx de la large manche) (fn. 4) to try them, which would be a great
insult to the whole order. The Queen and they have asked him to request
the Emperor to write to his ambassador at Rome to stop the commission.
Has caused the Nuncio also to write.
Desires credence for Montfalconet. London, 2 May '32.
Fr. From a modern copy.
990 Robert Abbot of Malmesbury to Cromwell.
As I perceive that you are good master to Mr. Watkyns I was glad
to give him the receivership of our house, trusting you would have been
contented. Moreover, according to your letter I have granted the same to
Sir Thos. Arundell, and a patent for Watkins, trusting you will see that he
resigns the first office before his patent of annuity. I send you 100 marks
for my first payment to the King, and beg you to move Master Arundell
that I may name his deputy. I recommend Richard Modye, the bearer, to
your service. 3 May. Signed.
P 1. Add. : Right honorable. Endd.
991. Thomas Philips to [Cromwell].
I trust to be with you at Whitsuntide with a full account of the King's
mares and colts. All Wales is in great decay, especially as to the breed of
cattle, and the evil cannot be amended till these four articles are enforced :—
1. That the officers in Wales be restrained from taking fines for felony and
murder. 2. That they be compelled to restore tracks. 3. That the retinue
of the officers in commission with the Princess's council do not, as now, delay
justice. 4. That yearling calves be not sold. Ludlow, 3 May.
Desires that such a council be established in the Marches that the best
officer in Wales shall quake if found in default.
Hol., pp. 2.
992. Sir Giles Russell to [Sir Wm. Weston].
Had received his letter of 26 March in favor of John Lande. Asks
only the usual rent for the land, which Sir Thos. Gollyns asked before him;
but neither of them have received the whole, by a noble. Has suffered this,
trusting that Lande would be ordered by right and by our own tenants, who
say that he should pay the whole rent, or show better authority than his
copy, which was granted, as he says, by his master, Sir Adam Chekewood.
who could "demeas" (?) no rent but for his time. The copy is not registered
in the Court Rolls. Thinks it is forged, but will forbear till he sees Weston.
3 March, 1532.
993. For the Baron of Montfalconet, Governor of Bresse, and
Maitre d'Hotel to the Emperor.
Safe-conduct on his return to the Emperor. Westm., 2 May
24 Hen. VIII. Del Westm., 3 May.
994. For Balthasar Melchan, servant of the queen dowager of
Safe-conduct to leave the realm. Westm., 2 May 24 Hen.VIII. Del.
Westm., 3 May.
995. Hammes Castle.
See Grants in May, No. 10.
28,584, f. 289.
996. Lope Hurtado de Mendoza to the Empress.
Has received letters from the Imperial ambassadors in Genoa and
Venice, which contain the last news about the enterprise of the Turks
Has spoken with the Queen, who has assured him that the King has the
best intentions towards the Emperor. Prayers in the convents of friars and
nuns for the Emperor. Told the Privy Council that on former occasions
the Emperor was satisfied with what the king of Portugal said and did,
because no league had been formed against him, and he did not distrust the
kings of France and England; but now, the circumstances being different, it
is to be hoped that the king of Portugal will show his friendship for the
Emperor by deeds.
"Complaints of the behaviour of the king of France, &c. Setubal,
4 May, 1532."
Modern abstract from contemporary copy at Simancas.
997. The Earl of Ossory to Cromwell.
The bearer has petitioned me to ascertain you of the value of a
bishopric in Conaght near Galwey. It is called Enaghdulen, far from the
English pale, amongst the "inordinate wild Irishry;"—is not meet for any
stranger of reputation, and does not exceed 20l. yearly. The clergy are far
out of order, and the see church in ruin. It is necessary that there should
be a "herd" there who has the favor of the country. Signed : P. Oss.
P. 1. Add. : Mr. Cromewell, of the King's most honorable Council.
St. P. II. 160.
998. Desmond to Henry VIII.
As it pleased you to grant me livery of my earldom, I have
prepared to accomplish your mind towards Sir Will. Skeffington, now
your deputy, so as to rule my own lordships, and be in quiet with my mortal
enemies, as set forth in indentures with the Deputy and Council. I have submitted
myself to your Grace, as I did to your father. I promised to send you
my heir, (fn. 5) but beg you to consider that, owing to my old age and his tender
years, we should have much ado to keep our own, if separated. And in case
Ossory will sue for my inheritance, or make complaints of my infringing
the indentures, I send messengers to acquit me. Youghall, 5 May
24 Hen. VIII. Signed.
2. Copy of the preceding. Pp. 2.
999. Sir Wm. Weston, Prior of St. John's, to Sir Giles Russell,
Commander of Badisforde and Dyngley.
Sir Edmond Hussey, commander of Templecombe, has arrived here
with a bull, under lead, from the Council, ordering the payment of our responsions
for 1532, "at medios annates." Desires him to pay as soon as possible,
for the religion has right great need. My house of St. John's, London,
5 May 1532. Signed.
P. 1. Add. Endd. : R. 9 May 1532.
1000. Wm. Thomson, Priest, to Cromwell.
I beg your favor for this poor man, who is wromgfully troubled.
Cambridge, 6 May.
Hol., p. 1. Add. : Mr. Cromwell, at London. Endd.
1001. Sir W. Courtenay to Cromwell.
Begs him to move the King in behalf of his nephew, the bearer. He
has been so charged with his father's debts to the King and by the marriage
of his children, that he has been able to do little for them. Powderham,
7 May. Signed.
P. 1. Add. : Right worshipful.
28,584, f. 290.
1002. Dr. Ortiz to the Comendador Major.
Wrote by the last post to the Emperor and the Comendador about the
Queen's case. After the discussions were finished, the Pope said, that, in
accordance with the opinion of the deputies, the Rota should not refer its
decision to the Consistory, except the right of appeal (?) (los derechos de
entramas) to both parties, and that afterwards the conclusion of the Rota
should be known separately. Asks him to send these letters on to England,
as the ambassador there has asked Ortiz to write. Rome, 8 May 1532.
Sp., pp. 2. Modern copy.
1003. The Low Countries.
The Emperor's commission to Philip Nigri, Chancellor of the
Golden Fleece, George de Themsicke, provost of Cassel, Jerome Van Dorp
(Hieronymus Dorpius) and John de la Sauch (de Salice), to treat with the
English Commissioners for redress of commercial grievances. Aldenarde,
8 May 1532.
Lat., pp. 3.
28,584, f. 292.
1004. Mai to Charles V.
Sends separately his answer to the Emperor's letter of 23 April.
Gives an account of an interview with the Pope about a faculty for selling
The cardinal of Ravenna has received letters from Scotland, which state
that a herald who was there on other business spoke of the marriage. He was
answered that the Queen [of Hungary] did not intend to marry, but there
were two daughters (fn. 6) of the king of Denmark, whose portraits he took with
him to Scotland. It seems that they are making difficulties (stan scrupulosos)
about not being able to have the Queen; nevertheless, they write to the
Cardinal that they will take his advice, which is to take the daughter of the
king of Denmark, and to negotiate it here. Wrote before that this affair had
been discovered, and that the English were trying to counteract it through
the king of France. Rome, 9 May 1532.
Sp., pp. 7. Modern copy.
Ib., f. 298.
2. English translation of the preceding.
of Card. of
Osma, p. 209.
1005. Cardinal of Siguenza to the Comendador Mayor of Leon.
Extract from a letter, dated Rome, 9 May 1532. (fn. 7)
On the 6th the Pope read to him a letter he had received from an agent he
had in France, in which, among other things, it was stated that they have
paid the king of England the money they owed him, and have given him several
alarms about the proposed marriage of the Scotch king with a daughter of
the French king. The king of England has sometimes been contented with
it, but at other times has expressed anger. The French have such a hold on
him in consequence of the Queen's affair and the new marriage, that he
cannot give up their friendship, even if they disgust him still more. I will
do what I can in the cause of England. The Ambassador is recovering from
his illness, but will attend to it.
Sp., p. 1. Modern copy.
1006. Thomas Prior of Marten to Cromwell.
I have received two letters from you, for preferment of Master
Anthony Middleton to a vicarage called Sutton-in-Galtres, in our patronage.
Though we should have been glad to have accomplished your wish long
before we received your letters, we had granted the presentation to a brother
of our monastery, and he expects to have his capacity from Rome shortly. As
the vicarage is near to us, and was served by one of the brethren till my lord
Cardinal took it from us this last time by prevention, I beg you will allow
this presentation of our brother to stand. Martin Abbey, 11 May. Signed.
P. 1. Add. : Right honorable.
St. P. VII. 369.
1007. Gardiner to Benet.
Benet is to obtain with all diligence a dispensation for my lord of
Sussex and lady Margaret Stanley (said to be, in the margin, of the 2nd and
4th degrees of affinity). He will receive for it 200 ducats, and if more is
required, it will be paid. Wishes it to be hastily sped. I have conferred
your benefice on your chaplain. London, 11 May.
1008. Henry Earl of Northumberland.
Draft Bill for letters patent creating him sheriff of co. Northumb.
Large paper, p. 1. Endd. by Wriothesley : The copy of the King's
letters patent for the earl of Northumberland.
2. Indenture, dated Greenwich, 11 May 24 Hen. VIII., between the King
and Henry earl of Northumberland, by which the latter is constituted sheriff
of Northumberland for life, paying to the Exchequer 40l. a year without
making any further account.
Draft, pp. 2, large paper. In the same hand as the preceding.
1009. The Mayor of Northampton to Cromwell.
On the Wednesday before writing this, we received a letter from the
King, desiring us to levy upon Ric. Wilkynson, Ric. Johnson, and Nic. Rand,
of our town, 15l., forfeited to the King for transgressing one of our charters,
and to deliver it to John West, yeoman of the Guard, and John Byrd, of the
Pantry, as given to them by the King for a reward. We have examined
Wilkynson and the others who have refused payment, and appealed to the
law; with which, they say, the council was contented. Northampton,
Hol., p. 1. Add. : Of the Council. Endd.
1010. Sir Edw. Seymore.
Receipt, indented, given to Will. Hody, 12 May 24 Hen. VIII., for
100l., in part payment of 300l. for redemption of Hody's manor of Scawes,
Soms., received by the hands of John Ruggeway. Signed : Per me Joh'em
1011. Sir William Eure to Cromwell.
The bishop of Durham gave him, by the King's desire, the captainship
of Norham, which is now his best living, as he has neither office nor fee from
the King, and now the Bishop is in trouble. Begs Cromwell to befriend him,
if any one would labour to have the captainship from him. Wytton, 13 May.
P. 1. Add. : The right honorable Master Cromwell. Endd.
2,363, f. 18.
Acts passed in the 9th session of king James V.'s Parliament, begun
at Edinburgh 13 May A.D. 1532, containing several enactments not in the
1013. Chapuys to Charles V.
On Sunday the 5th,— (fn. 8) embarked at Hampton to go to the King,
his master, in Brittany, on pretence of private affairs, but really at the request
of the king of England. Some say the object is a marriage treaty for the
Princess; others say, it is to stop the payment of the pensions, or to discuss
the approach of the Turk. Thinks that Scotch affairs are the principal cause
of this voyage, for it was not spoken of till the return of the man whom the
ambassador had sent to Scotland, whence they received but a cold answer,
and they fear that Mon. de Rosymbez is brewing something to their disadvantage.
The King and Council have been continually in communication
with the said ambassador, and it is not to be doubted that he has express
charge to persuade his master to cause the Pope to agree to Henry's will, or
threaten him to make the same arrangement (de pourveoir en France) about
the annates in France as has been done in England. Believes he will also
have a commission to harmonise their replies about the Turk, though the
King told Montfalconet and Chapuys that he had not yet sent to France.
Fears his instructions will be to cause hindrance, considering the unwillingness
they have shown to give any aid. The day before yesterday the Nuncio,
who had been to court three times without getting an audience, was told by
the duke of Norfolk that it was wasting time to speak of the Turk, for the
King had determined not to give a penny except by the intercession of the
French king, and that he repented of what he had previously given, as it had
been so badly employed,—meaning the help he had given the Pope at the
time of his great affairs. The Nuncio, after justifying the Pope's use of this
money, complained to the Duke that the King and Council had allowed a
preacher to say that the Pope was a heretic. The Duke said, he need not be
surprised, for the preacher was more Lutheran than "le Martin" himself;
and if it were not for the earl of Wiltshire and another person, meaning the
lady, whom he would not name, he would have burnt him and another doctor
without mercy, and he begged the Nuncio not to write to the Pope about
such little follies, as he would try and prevent them for the future.
Last Wednesday an Italian, named Camille Ursin, came from France with
two captains, one an Italian and the other from Gueldres. He has come to
the King "de la part de la scoquist (?) en France." On his arrival, he went to
the Duke, who was displeased at his coming, but gave him audience the same
day, and obtained an audience for him of the King on the following day,
which was Ascension Day. He spoke to the King for a long time, and showed
him many letters and writings. He expects to go straight to Hungary, or
wherever the Turk is, and only waits for the King's despatch, which he
hopes for today or tomorrow. He has brought from France two ships
loaded with heavy artillery, which he has left at the mouth of the river lest
they should be discovered, and intends to send them, with what artillery he
can obtain from the King, to Dantzic. Has informed the queen of Hungary,
so that she may do what she thinks best, both about Ursin and the artillery.
Does not expect an answer to Montfalconet's charge until the return of the
Parliament is discussing the revocation of all synodal and other constitutions
made by the English clergy, and the prohibition of holding synods
without express licence from the King. This is a strange thing. Churchmen
will be of less account than shoemakers, who have the power of assembling
and making their own statutes. The King also wishes bishops not to have
the power to lay hands on persons accused of heresy, saying that it is not
their duty to meddle with bodies (personnes), and they are only doctors of the
soul. The Chancellor and the Bishops oppose him. He is very angry,
especially with the Chancellor and the bishop of Winchester, and is determined
to carry the matter. London, 13 May 1532.
Fr. From a modern copy.
1014. Ortiz to the Empress.
As the Ambassador will write more fully, the King's excusator and his
advocates lately finished their discussion of the conclusions. In the first
Consistory afterwards, the dean of the Rota, before whom the cause is pending,
will refer to the Consistory the points of law proposed by both parties. But
they do not wish the Rota to refer to the Consistory the determination they
had given that the excusator should not be admitted without an express
mandate for the whole case. The Pope says he will take their sentence
separately, and all the cardinals will know it also; but it is not fit that it
should be given in Consistory lest it should seem that the Consistory had to
beg the sentence of the Rota, and was obliged to agree with it. The Pope
said he knew that the English had a mandate for the excusator to appear to
excuse the King, but not to proceed in the case, and that it would not be
presented until the end, so as to cause delay; and as it will not then be admitted
in consequence of the decision of the Rota, further delay will be created.
The Emperor's orders about obtaining the second brief are expected.
Chapuys presses its being sent. Has written about it to the Emperor, and
sends a copy with this.
The cardinal of Burgos has arrived. Thinks his residence here will be
of great use. Rome, 13 May 1532.
Sp., pp. 3. Modern copy.
1015. Harry Lord Scrope to Cromwell.
It appears from your letters that the King is well pleased with my
goodwill in exchanging my manor of Pishoo, and has ordered other lands for
my recompense. I received lately a letter from John Chauncey, and a book
of covenants for the sale of Pishoo, which I was never minded to, but only to
exchange land for land. Chauncey's demeanor is not friendly to me. I
desire, therefore, that I may possess my own with the King's pleasure, or be
recompensed with an equivalent. The monastery of St. Agatha, 15 May.
P. 1. Add. : Of the Council. Endd. : Lord Scrope.
1016. Ecclesiastical Abuses.
A petition to the King in Parliament, complaining that by the
diffusion of heretical books in English, printed abroad, and the uncharitable
demeanor of divers ordinaries in prosecutions before the spiritual courts, much
discord has arisen between spiritual and temporal persons generally; for the
reformation of which the Commons set forth the following grievances,
viz., that the clergy in Convocation make laws inconsistent with the laws of
the realm; that men, and especially poor men, are arbitrarily cited before the
spiritual courts, often without any accuser, by the ordinaries and their
commissaries; (fn. 9) the citation of laymen out of their dioceses; (fn. 10) the excessive
fees taken in the spiritual courts (2s. 6d. for an inhibition, 6s. 8d. for a
proxy, &c.); the delay and trouble in obtaining probates notwithstanding the
last statute; (fn. 11) delays made in instituting parsons by the ordinaries, who sometimes
simoniacally take bonds for a part of the profits of the benefices; the
giving benefices to minors; the excessive number of holydays, especially in the
harvest time; and the employment of spiritual persons in temporal offices.
Some remedy is required for these evils, as there has been within the last
few years much violence on one side, and lack of patience on the other.
2. Corrected draft of the preceding.
Large paper, pp. 10. The first leaf, which was found separate, is
endorsed by Audeley, with memoranda which seem to refer to the Acts of
23 Hen. VIII.
3. Earlier draft of part of the preceding, with corrections in Cromwell's
Large paper, pp. 2.
4. Another draft, with corrections by Cromwell.
5. "The answer of the ordinaries to the supplication of the worshipful
Commons of the Lower House of the Parliament offered to our sovereign
lord the King's most noble Grace."
This document, which is perhaps an earlier draft, extends to a much
greater length than that printed by Wilkins.
Cleop. F. II.
Petition of the clergy of the province of Canterbury.
(1.) That the Church of England may enjoy all liberties granted by
former Kings. (2.) As the clergy wish to avoid offending the King, and no
one should be punished for violating a law that he does not know, that limits
may be defined, in the present Parliament, of cases of præmunire. (3.) As
the clergy are great sufferers by reason of the statutes made in the present
Parliament, annulling the liberty of the Church, et sanctiones canonicas, to
the peril of the souls of those who made the Acts, in the framing of which
they were not consulted, and as these statutes are so capricious that it is
difficult not to violate them, forbidding even to poor vicars the right of
letting (conductionem) their rectories, that the same fathers whose business it
is to declare the truth of the canons may provide a remedy. (4.) As it is
impossible to please God without faith, that the King would enact some
statute in favor of faith in the present Parliament, and against heretics and
Pp. 2, Lat.
Cleop. F. I.
1018. [Convocation to Henry VIII.]
As the King is not satisfied in some points with their answer to the
Commons' bill of complaint, especially as regards laws either to be new made
or reformed by the clergy, they answer more specially as follows :—(1.) As
to laws to be made by them hereafter, that the determinations of Christ's
church received throughout all Christian realms are manifest; that the
prelates have a spiritual jurisdiction and judicial power to rule and to make
laws, so that the consent of any temporal power is unnecessary. (2.) That
this power Christian princes have hitherto reckoned themselves bound to
suffer prelates to use, without asking their licence, any more than in conferring
orders. (3.) That it is founded in Scripture, as shown in a book now by us
put up unto your Highness, and has been defended by your Highness yourself
in your book against Luther. Nevertheless, considering your wisdom,
learning, and goodness towards the Church, we are content to promise not to
publish any laws that we shall hereafter make without requiring your
consent, unless they be such as concern the maintenance of the faith, which
we hope your Highness will allow.
Celop. F. I.
2. Three drafts of a further compromise offered by the clergy; of which
one is printed in Wilkins, III. 752. The whole text, with the variations
between the three, will be found in the Appendix to Atterbury's "Rights and
Privileges of Convocation," 534.
1019. Bishop Gardiner to Henry VIII.
Is letted by disease of body from repairing to his presence. Has
heard, to his great discomfort, what opinion the King has conceived of him.
But for the remembrance of Henry's goodness, with whom veritas semper
vincit, et sortis tæderet et vitæ. I trust your Highness will not be discontent
"though in correcting the answer I believed so great a number of
learned men affirming it so precisely to be true that was in the answer
alleged concerning God's law, specially considering your Highness' book
against Luther, in mine understanding, most plainly approveth it." The
book written in your Grace's cause, and translated into English, seemeth
to allow it, and the Council of Constance decrees it. If your Grace can now
prove the contrary, yet I, not learned in divinity, nor knowing any part of
your proofs, am, I trust, without blame. It were pity we lived if we abused
God's name to your displeasure. But if it be God's authority to us allotted,
though we cannot use it condignly, we cannot give it away; and it is no
less danger to the receiver than the giver. Is willing to confer with any of
the Council in the matter.
"That the bishops have immediate authority to make such laws as
they shall think expedient for the weal of men's souls."
Arguments for the independence of the spirituality.
Begins : In every common weal.
1021. Spiritual Jurisdiction.
"Clerici sunt exempti de jurisdictione laicorum, etiam de jure
Inc. : "Primo in serie Veteris Testamenti."
Expl. : "Qui nunc minorum ordinum et religiosorum officia in ecclesia
Pp. 36. Endd. : Rationes quibus defenditur clericos exemptos a jurisdictione
"The question moved, whether these texts ensuing pertain especially
to spiritual prelates or to temporal princes. Jo. 20 : Sicut misit me Pater,
ita et ego mitto vos. Et Act. 20 : Attendite vobis et cuncto gregi in quo
vos Spiritus Sanctus posuit episcopos."
In defence of the King's spiritual supremacy.
Pp. 5. Endd. : Matters touching the King's prerogative.