Henry VIII
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1880

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'Henry VIII: Appendix', Letters and Papers, Foreign and Domestic, Henry VIII, Volume 5: 1531-1532 (1880), pp. 763-777. URL: http://www.british-history.ac.uk/report.aspx?compid=77504 Date accessed: 01 August 2014.


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A.D. 1531.

1531.
Rot. Cott. XIV. 8. B. M.
1. The Princess Mary. (fn. 1)
"An ordinance of diet or fare of the right noble and exc[ellent princess, the lady] Mary, the only daughter of our sovereign lord king Henry th'eight, and her hou[sehold], for the whole year."
Bills of fare are given for the Princess; for the lord president, chancellor, chamberlain, vice-chamberlain, steward, treasurer, and comptroller, and others of the Council; for the cofferer, clerk comptroller, clerk of the kitchen, and marshal; for gentlemen and gentlewomen, and for two other classes, whose names are lost by mutilation. Different menus are assigned for the above-named persons for Christmas Day, New Year's Day, and Twelfth Day. For Sundays and holidays being flesh days; Mondays and Wednesdays being flesh days; Tuesdays and Thursdays being flesh days; Fridays and Saturdays, and all other fish days, from Michaelmas to Easter. For Easter Day, Ascension Day, Pentecost, Trinity Sunday, Corpus Christi Day, and the Assumption; and for the different days of the week, as above, from Easter to Michaelmas.
Paper roll.

Add. MS. 622, f. 78. B. M.
2. The Divorce.
"Articulus additionalis concernens protestationem Regiam. xxiij. L~ra.
"Item, addendo ad materiam et articulos alias datos et ministratos objicimus, exponimus, articulamur et ministramus, quod Ill. Princeps H. viij. Angliæ Rex F. D. et Dñs Hib. cum proximus esset pubertati et annos pubertatis attingeret, contra matrimonium quod ipse alias in minori ætate cum Ser. Dña Cath. Reg. contraxerat coram bonæ memoriæ Ric. Winton ep[iscop]o ad id in diocese sua in tribunali sedente, in notarii publici et testium fidedignorum præsentia, expresse reclamavit, eidemque dissentiit ac ab eodem resilivit, seque in matrimonium hujusmodi, aut etiam præfatam Ser. Dñam Cath. tanquam sponsam aut uxorem suam, per aliquod ab eo vel quovis alio ejus nomine factum seu fiendum, consentire nolle publice et expresse protestatus fuit in scriptis. Hæcque fuerunt et sunt vera publica et notoria, ac de et super eisdem laborarunt et laborant publica vox et fama. Ac objicimus et articulamur præmissa conjunctim et divisim ac de quolibet."
Modern copy.
8 Jan.
Otho, C. X. 161 B. M. Pocock's Records, II. 369.
3. Stokesley to [Fisher.] (fn. 2)
I hear from the archbishop of Canterbury that it has been agreed, as the best way to appease the obloquies caused by the contrariety of the opinions of divines in the King's great matter, that you and I shall each choose five doctors to discuss the matter, with two other lords to act as moderators. I request you to send me your pleasure as to time and place, and the persons you shall appoint. Writes without the King's knowledge, London, 8 Jan. Signed.

R. O.
4. The Royal Supremacy.
A declaration, headed "Concess. Canc.'" (qu. "Cantuariensis provinciæ " ?), as follows :
"Cujus singularem protectorem, unicum et supremum dominum, et, quantum per legem Christi licet, etiam supremum caput, ipsius majestatem recognoscimus.
"Omnes nos testamur et mentes nostras declarantes dicimus quod per hanc nostram recognitionem nec intendimus nec intendebamus quicquam derogare aut detrahere pontificationis primatui, sedisve apostolicæ auctoritati."
P. 1.
24 March.
MS. 3,013, f.40. (Paris.)
5. Sir Gregory Casale to the Grand Master.
"Il aurait été bon que le Pape, pour montrer qu'il ne dépend pas entierement des Imperiaux, ait fait un cardinal à la requête du Roy d'Angleterre. Le Pape a été informé par le Nonce et l'Ambassadeur Imperial que le clergé Anglais avait declaré ne reconnaitre d'autre autor[ité] que celle du Roy. Depuis entend par Guron que ce n'est pas vrai.
"Quant à l'affaire la partie adverse a eu les 'lettere remissorie.' Le Pape et cardinal d'Ancone ont semblé vouloir donner un mois de temps, mais ne l'ont encore accordé. Gregoire et les Anglais n'en font grande instance, car ils espérent par les 'remissorie' en gagner bien davantage. Rome, 24 Mars 1531."
Ital. Autograph. Abstract supplied by Mr. Friedmann.
3 April.
Granvelle, Papiers d'Etat, I. 512.
6. Charles V. to De Praet and the Treasurer of Besançon, his Ambassadors in France.
Sends a reply to the writing given to De Praet on behalf of the King, which shows that he is not inclined to an alliance with the Emperor and his brother for resistance to heresy and to the Turk. Believes that a meeting was proposed merely to gain time, and see what was done by the Turk and the heretics, and meanwhile to keep the Pope, the Emperor and his brother, the king of England and the heretics, in the French king's power. Gives them instructions not to break off the negotiation, but to find out the King's intention about the Council.
As to the divorce, it is not advisable to press the French king and Council to deliver the documents for which the Ambassadors have asked and been refused. Fears such conduct might rather prejudice his aunt than help her. If necessary, they can testify to the request and refusal, and to the intrigues and violence used towards the theological faculty at Paris, which Dr. Garay can prove. Doubts not that they will do what they can to assist on the Queen's rights, and to prevent favor being shown to the opposite party. * * * Gand, 3 April 1530.
Fr.
3 May.
R. O. R. T. 149.
7. Henry VIII. to the German Protestants.
Received, 29 April, their letters of 12 Feb. Rejoices to be assured at once of their orthodoxy, and of their zeal for the Reformation of the Church. No duty is so praiseworthy as that which they have undertaken,—to heal the diseases in the body politic. Warns them, however, against restless men who only look for a change in religious dissension, and put themselves on a level with princes, asserting that men only rule so far as they obey. They do, indeed, inculcate obedience, but only such obedience as we give to barbers and tailors when we suffer them to comb and dress us; and books have been published showing that these doctrines have spread from England into Germany. Greenwich, 3 May 1531.
Lat. Modern copy from the archives of Königsberg, pp. 4. Add.: Ill., &c., Johanni duci Saxoniæ, S. R. I. Archimarschalko, Principi Electori, &c., Georgio marchioni Brandenburgensi, et Ernesto duci Braunschweicensi et Lunenburgensi, Philippo Hessorum Langrafio, nobilibus et chariss. viris, Senatibus rerum publicarum Argentineæ, Nurenbergensis, Ulmensis, Magdeburgensis, amicis charissimis.
26 May.
ItalanMS. 1,131, f. 58. (Paris.)
8. Sir Gregory Casale to the Grand Master.
Thanks him for his favors. Has informed Grammont of everything. Hopes that the Cardinal's coming will be an occasion for settling the English case, because the Pope will do his best to get the Emperor to approve of the cause being removed to Cambray, the Pope supposing that the king of England will consent, and thus the cause will be settled to the Emperor's satisfaction. It is true that the Emperor is very anxious for the expedition of the cause, and urges it by every courier. Rome, 26 May 1531.
Hol., p. 1. Ital. From a copy supplied by Mr. Friedmann.
[May.]
Cleop. E. VI. 216. B. M. Wilkins, III. 762. From the Cabala.
9. Henry VIII. to [Tunstall]. (fn. 3)
Has received his letters dated York, 6 May, containing along discourse of his opinion of the words passed by the clergy of the province of Canterbury in the proem of their grant to the King. He interlaces it with such words of submission that the King cannot be offended; yet, "considering what ye have said to us in times past in other matters, and what ye confess in your letters yourself (fn. 4) to have heard and known, noting also the effect of the same your letters, we cannot but marvel at sundry points and articles which we shall open unto you;" viz., that as the words have passed in the convocation of Canterbury, where were present so many learned in divinity and law, as the bishops of Rochester, London, St. Asaph, abbots of Hyde, St. Benet's, and others, and in the law the archbishop of Canterbury and the bishop of Bath, and in the Lower House so many notable great clerks, "why do not you, in this case, with yourself, as ye willed us in our great matter, conform your conscience to the conscience and opinion of the great number ? Such was your advice to us in the same our great matter, which now we perceive ye take for no sure counsel; for ye search the ground, not regarding their sayings." Is willing, however, to examine these grounds. Answers the objection to the expression unicum et supremum dominum as liable to misconstruction, and an argument as to the distinction between temporal and spiritual things.
Pp. 12. Seventeenth century copy.
Add. MS. 4,108, f. 1. B.M. 2. Another modern copy, with a few unimportant differences.
Pp. 8.
13 June.
Lansd. 115, f. 1. Strype's Cranmer, App. 675.
10. Cranmer to the Earl of Wiltshire.
The King, my Lady your wife, and lady Anne your daughter, are in good health. Touching the King's cause, Master Reynold Poole has written a book much contrary to the King's purpose, with such wit that he might be of counsel to his Grace, and of such eloquence that if it were known to the common people, I suppose they could not be persuaded to the contrary. The principal intent is that the King should be content to commit his cause to the Pope's judgment; "wherein me seemeth he lacketh much judgment." He uses such eloquence that he would persuade many, but me he persuadeth in that point nothing at all, though in other things he satisfieth me very well. He states, first, why he had never pleasure to intromit himself in this case; viz., on account of the trouble that would arise from diversity of titles, as in the days of Lancaster and York. The people think the King has an heir already, and they would be sorry to have any other. The Emperor would support the Queen, his aunt. It is alleged for the King that he was moved by God's law, that the people's judgment has nothing to do with it, and that if the Emperor will maintain an unjust cause we shall have the aid of the French king by the league he has made with us, and out of his old grudge to the Emperor. But to these arguments he replies:—first, as to the law of God, it the King pleased to take the contrary part, he could justify that on as good grounds. Yet if he thought the King's view never so just, though the King might be right, he should be sorry to be a doer therein; for he would not only take away the Princess's title, but must accuse the chief part of the King's life hitherto, who has lived more than twenty years in a matrimony so shameful and against nature, as the books upon the King's side say. As to the people, he thinks it impossible to satisfy them by learning or preaching; but as they now begin to hate priests, this will make them hate learned men all the more. What loyal person would gladly hear that their prince had lived so long in matrimony so abominable? Moreover, when they hear this marriage spoken against, they cannot be persuaded to dislike it, but rather grudge against the divorce. As to the authority of the universities, they are often led by affections; and he shows with how great difficulty they were brought to the King's party. Moreover, against them he sets the authority of the King's father and his council, the Queen's father and his council, and the Pope and his council. Then, as to the Pope, the Emperor, and the French king,—the Pope is naturally opposed to the King's purpose, else he would discredit his predecessors, restrain his own power, and set sedition in many realms, as in Portugal; of which King the Emperor has married one sister, and the duke of Savoy the other. He then extols the power of the Emperor, and diminishes the aid of the French king towards us, saying that the Emperor may injure us without drawing a sword, by merely forbidding traffic in Flanders and Spain. And what if he drew his sword, seeing that, when of much less power than he is now, he subdued the Pope and the French King? As for the French, they never keep league with us, except for their own advantage, and our nation will think themselves in miserable condition if compelled to trust them. He then comes to the point, to save the King's honor, saying that he stands on the brink of the water and yet may save all; but one step further, and all his honor is drowned.
Will show the rest of this matter to you tomorrow, by word of mouth. I hear nothing from my benefice, and Master Russell's servant is not returned. The King and my lady Anne rode yesterday to Windsor, and are looked for again tonight at Hampton Court. Hampton Court, 13 June.
Hol. Add.
26 June.
Agripp. Epp. VI. 19.
11. Chapuys to Henry Cornelius Agrippa.
Desires to keep up old friendship by writing. Agrippa's two books, De Vanitate Scientiarum and De Occulta Philosophia, are in great esteem with all the learned here. Observes an allusion in his writings to Henry VIII.'s divorce suit. Wishes, since he has thus insinuated his opinion, he would write more expressly in vindication of his view. He would thus confer a great favor upon the Queen and on Chapuys. London, 26 June 1531.
Lat.
July.
R. O.
12. Henry VIII. and the Prior of St. John's.
Indenture between the King and Sir Wm. Weston, prior of St. John of Jerusalem in England, relative to the exchange of lands between them. (See No.285, and the Grants in December 1531, No. 18.) Clerkenwell, ... July (fn. 5) 23 Hen. VIII.
Draft, pp. 19. Endd.
21 July.
Agripp. Epp. VI. 20.
13. Cornelius Agrippa to Chapuys.
Chapuys has given him a new evidence of his friendship by inviting him, with the prospect of high distinction, to undertake new dangers while navigating the sea of envy with full sails. He asks Agrippa to pit himself not only against the most famous universities of France and Italy, but against the most powerful kings,—as if Fisher, Erasmus, Vives, Eckius, Cochlæus, Sasgerus, Faber, and the other champions (greatly his superiors), were not enough. Has read the book sent by Chapuys with the collection of opinions against the Queen. Knows well the artifices and bribery used at the Sorbonne; but he has made enemies enough among divines and scholars by his work De Vanitate. England suspects him, France hates him; and he fears even to incur the Emperor's indignation. Nevertheless, is not afraid to maintain his opinion if he has leisure to write, and is supported by the authority of the Emperor and queen Mary. Fears, however, that he has no friends to plead his cause with either of them. Begs Chapuys to do what he can for him immediately, as the Emperor will soon leave, Has no means here of increasing his fortune without bidding farewell to virtue and truth. Sends his funeral oration on Margaret of Savoy, with the printer's errors corrected in his own hand. Begs him to forward the other books written in the Queen's behalf. Fisher's book is good. Wishes such a man were at liberty to say everything without fear. From the Emperor's court at Brussels, 12 kal. Augusti 1531.
Lat.
10 Sept.
Agripp. Epp. VI. 29.
14. Chapuys to Cornelius Agrippa.
Is greatly delighted by his letter, and by Agrippa's compliance with his request, though he at first seemed to throw the task upon others. Is ready to do anything for Agrippa in return. Knows well the arena into which he is dragging him; knows also the powers of the combatant. When they were together, Agrippa was a living and speaking library. As to those to whom he wishes to remit the task, except Erasmus, who is a Phœnix, there is not one superior to him. Moreover, Erasmus, Vives, and Cochlæus have acquitted themselves of the task already. Urges him by various other arguments. The King himself, though corrupted by flatterers, appeals to the judgment of the learned, and cannot well be angry at those who write against him. Will get him a commission to write from the Emperor or queen Mary. If the Emperor is indeed displeased with him, is confident it is only a passing cloud. London, 10 Sept. 1531.
Lat.
7 Oct.
Vit.B.XXI.56. B. M. Pocock, II. 329.
15. Henry VIII. to Sir T. Eliot.
Thinking it expedient to fish out and know what opinion the Emperor has of us, and whether, despairing of our old friendship toward him, or fearing our new communication with France, he is seeking ways to our detriment, we think it right that, on your first repairing to him, you set forth that the Pope has cited us to Rome, contrary to the opinions of the universities of Paris, Orleans, and others. As the Pope has written to say that the Emperor will not consent to have the cause tried anywhere but at Rome, you shall remind him of his promise that he would not meddle except according to justice, and you shall require him rather to govern his opinions by the aforesaid decisions, and especially by the Council of France, as friends indifferent. If he ask wherein we are wronged, you shall say in the Pope citing us to Rome contrary to law. If he ask what the universities affirm, you shall answer, that such a process is manifestly unjust to us. If he say he is not learned in these matters, you shall suggest that he is more likely to be abused, and should take an opportunity of desisting from an act of injustice.
Modern copy, mutilated. Headed in the margin: "Inst[ructions to Sir T.] Ellio[t sent to] the Emp[eror]. 7 Oct."
26 Oct.
Bibl. Nat. Dupuy, 260, f. 31.
16. Bishop of Auxerre to Francis I.
"Pour obéir aux instructions reçues, alla parler au Pape de l'affaire d'Angleterre. Le Pape s'est montré trés favorable, et luy a donné un bref de créance sur sa lettre qui va en chiffre. Le Pape veut aider François I. contre ses ennemis, mais n'ose encore se declarer. A communiqué tout cecy aux ambassadeurs Anglais, pour qu'ils sachent combien François I. travaille pour eux."
Abstract supplied by Mr. Friedmann.
25 Nov.
Agripp. Epp. VI. 33.
17. Chapuys to Cornelius Agrippa.
The truth has come to light at Paris; and though many of the doctors of the Sorbonne were suborned to pass judgment against the Queen, many of pure life and sounder learning dared to oppose them; and one of them, either in his own name, or that of all, has written a book to testify his opinion. This book Chapuys sends, though Agrippa does not need such compositions : it is like adding water to the sea. Agrippa himself could write much better; but as Pliny thought no book so bad that he could not profit by it, Agrippa may thus be stimulated to attack the subject. Peter de Bardi is here,—a man of great candor and fond of study, who wishes to communicate with Agrippa. London, 25 Nov. 1531.
Lat.
3 Dec.
Lambeth MS. 306, f. 65.
18. Heretical Books.
Memorandum of a proclamation made at Paul's Cross on the first Sunday in Advent, 1531, against the buying, selling, or reading of the following books, viz.:—1. The Disputation betwixt the Father and the Son. 2. The Supplication of Beggars. 3. The Revelation of Antichrist. 4. Liber qui de veteri et novicio Deo inscribitur. 5. Precaciones. 6. Economica Christiana. 7. The Burying of the Mass, in English rhyme. 8. An Exposition into the VII. chapter to the Corinthians. 9. The Matrimony of Tyndal. 10. A. B. C. against the Clergy. 11. Ortulus Animæ, in English. 12. A Book against Saint Thomas of Canterbury. 13. A Book made by Friar Roye against the Seven Sacraments. 14. An Answer of Tyndal to Sir Thomas More's Dialogue, in English. 15. A Disputation of Purgatory, made by John Frythe. 16. The First Book of Moses, called Genesis. 17. A Prologue in the Second Book of Moses, called Exodus. 18. A Prologue in the Third Book of Moses, called Leviticus. 19. A Prologue in the Fourth Book of Moses, called Numeri. 20. A Prologue in the Fifth Book of Moses, called Deuteronomy. 21. The Practice of Prelates. 22. The New Testament in English, with an Introduction to the Epistle to the Romans. 23. The Parable of the Wicked Mammon. 24. The Obedience of a Christian Man. 25. A Book of Thorpe, or of John Oldecastell. 26. The Sum of Scripture. 27. The Primer, in English. 28. The Psalter, in English. 29. A Dialogue betwixt the Gentleman and the Plowman. 30. Jonas, in English.

R. O.
19. — to [Sir Thomas More?]
Speaks highly of the honor he had received in being invited to his table, though he had been long before under other obligations to him. Praises the ingenuity of his reasoning, his modesty and gravity of countenance, as if he had been another Cato. Writes, at his correspondent's request, on the conflict of the flesh against the spirit.
Inc. : Jam olim sum tibi, vir macta virtute insigniquc eruditione præclarissime. In another place the writer addresses his correspondent is "vir nobili dignitate clarissime sed veritatis studio multo clarior."
Ends: sive bona, sive mala, a Judice Deo recepturus est.
Lat., pp. 8. Endd.

Add. MS. 763, f.126. B. M.
20. Sir Wm. Darcy, of Platen.
His petition to Sir Wm. Skeffington, Deputy of Ireland, anno 23 Hen. VIII.
Claims the manor of Rathwer, Meath, and gives an account of his pedigree, and the descent of the manor since the reign of Edward III.
Fr., pp. 3. Modern copy, full of mistakes. Endd.: Mon Seigneur le depute voie que droit soit fait, &c.

A.D. 1532

1532 10 Jan.
[S. Français, 5,970, No. 4.
(Paris.)
21. Jean Du Bellay to the Bishop of Auxerre.
"L'ambassadeur Anglais qui retourne à Rome luy porte la presente. La volonté du Pape semble mauvaise. 'Quant tout est dit le Roy cessera de lennuy que porte le Roy d' Angleterre, et luy tient de plus pres que jamais.' De Acques, 10 Janvier.
"Un prieuré pour René du Bellay.
Un canonicat et prebend pour Claude Chappuys. Imbasiensi."
Abstract supplied by Mr. Friedmann.
10 Jan.
[S. Français,
20,440,No.11. (Paris.)
22. De La Pommeraye to Fr. De Dinteville, Bishop of Auxerre.
"D'Auxerre a été suspect à ce Roy (d'Angleterre) parce que le compagnon du Chevalier Casal à Rome l'a denigré. Maisle Roy a été detrompé; il se fie de l'evêque, et tient l'autre pour menteur. Est au bout du monde, et n'a pas de nouvelles à donner."
P. 1. Hol. Abstract supplied by Mr. Friedmann.
27 Jan.
MS. Dupuy,
Bibl. Imp. Fr. 260, f. 97.
23. The Bishop of Auxerre to the Grand Master.
We were awaiting with great anxiety Dr. Benoist, the English ambassador, whose coming, I trust, will help the cause. The Imperialists are not sparing of threats and insults, and we have got nothing but what could not be refused. Without the favor of Francis, the Pope and many cardinals would yield to the Emperor's will. I am writing to Pommeraye that he may communicate with the king of England. I will act here so that he may be contented with the services rendered by the French. The Pope is not well disposed in the affair of Mons de Lysieux.
Fr. From a modern copy, (fn. 6) headed: Mons. d'Auxerre au Grand Maistre, 27 Jan. 1532.
7 Feb.
R. O.
24. Thos. Wynter to Cromwell.
You have done more for me than I durst desire of any other friend. We arrived safe at Calais with a smooth passage, but my servants that went before with my horses were in great jeopardy. "Yet where man's help failed, God was present, and at the last holp them to land." I was constrained to buy another horse in Calais, wherein I found Mr. Long was very good to me for your sake, that he might have your help and counsel in certain suits that he has to the King. Commend me to Mr. Bonvice, Mr. Lawson and my lady. Calais, 7 Feb. Signed. (fn. 7)
P. 1. Add.: Of the Council.
7 Feb.
MS. Dupuy,
260, f. 114. Bibl. Imp.
25. The Bishop Of Auxerre to Francis I.
The man of king John of Hungary has not yet arrived. Has received from Dr. Benoist what Francis has written to the Pope about the affair of the king of England. Has shown his Holiness Francis' wishes according to the Grand Master's letter, and found him well disposed. Writes to the Grand Master. The Imperialists are very urgent, and it will be owing to him only, if the Pope does not do great wrong to the king of England. On the first Monday in Lent, will see what the Consistory will reply. Meanwhile will act upon the advice of the English.
Fr. From a modern copy, headed: Mr. d'Auxerre au Roy, du 7 Fev. 1532.
8 Feb.
MS. Dupuy,
260, f. 116. Bibl. Imp.
26. The Bishop Of Auxerre to Mons. de Pommeray.
Hears that the king of England is not satisfied with him. Has written to Francis that the Pope can testify his devotion to Henry's interests, who has often told him he had spoken more often and more urgently about the affair than any one else. Refers to the letters he has written to the King at the Pope's command. Has not yet asked Dr. Benoist where this report came from. The only thing he has refused to do for them was to write to the doctors of Bologna to come here to plead, which he knew they would not do. If he had written coldly, the English would have complained; and if urgently, and the letter had fallen into the hands of the Imperialists, they would have had a good cause of complaint against the king of England. The Chevalier Casale comes from Bologna, and could write if he liked.
Has presented to the Pope what Francis wrote. Went at his dinner time, when he is accustomed to get angry, so as to find out more easily what he thought. Having heard a discussion between cardinals Freneze and Ancona, and then listened to the English ambassadors, is sure that he is well disposed towards the king of England.
Writes to the King and the Grand Master.
If matters go on as they are, especially the friendship between the two Kings, is sure the Pope will do nothing much to the prejudice of the king of England, but rather the contrary. He must, however, be pressed, menaced, and promised. He is in great doubt and fear.
Fr. From a modern copy, headed: Mons. d'Auxerre a Mons. de Pommeraye, 8 Feb. 1532.
18 Feb.
R.O.
27. Thomas Wynter to Cromwell.
Your letters in my favor I delivered to the bishop of Winchester, who received them very kindly, and offered me his services. Having staid two days there, I proceeded to Paris, where I spent four days. Many things were told me there, and to Pole, by the Italians, of the great dearness of provisions in Italy. Finding this to be the case, I considered about taking more than two servants into Italy; and the third, this bearer, I have sent back to England. I implore your favor for my benefice of Rudbi. Our friend Florentius will make speed for Italy, and come shortly to us if his funds prove sufficient. I commend me to Bonvis, to whom I owe much, and lady (domina) Lawson. Paris, 18 Feb.
Hol., Lat., p. 1. Add.: Consiliario, Londini.
[18March.]
R. O.
28. Prosecutions in Spiritual Courts.
Bill for remedying abuses in the spiritual courts. (fn. 8)
No person to be called before the ordinary or other spiritual judge merely by the summoner or other judge ex officio, except in cases of heresy; but the accusation shall be first examined and presented by other honest persons of the town or parish where he dwells. The limitation of prescription in the laws spiritual to be 70 years, instead of being reckoned at 30 or 40 as at present. Ordinaries making unreasonable delay to institute, and convicted in a writ of quare impedit at the suit of the patron, shall pay treble the value of the church, and forfeit 10l. besides costs.
Also a provision against laymen being compelled to pay double tithes, viz., tithes by the acre, varying from 2d. to 3d. in different places, and tithes on the cattle bred on the land.
Large paper, pp. 4.
26 April.
Foxe, IV. 703.
29. James Bainham.
His examination before the vicar-general of the bishop of London, [20 April 1532].
1. Denies that since Easter last he had affirmed the Sacrament to be only a memorial, but maintains that it is bread, as St. Paul calls it. 2. Considers that every man who preaches the Word purely has the power of the Keys. 3. Answers as before about St. Thomas of Canterbury, and denies certain sentiments about Our Lady, and about Christ being only a man.
ii. Witnesses brought against him before John Nayler, vicar of Barking.
iii. On the 26th April he was brought by the lieutenant of the Tower before Master John Foxford, vicar-general to the bishop of London, in presence of Matthew Grefton, registrar; Nic. Wilson and Will. Philley, professors of divinity; John Oliver, Will. Middleton, and Hugh ap Rice, doctors of law; Master Ric. Gresham, sheriff of London, and others, when his abjuration was read; and he also repudiated an error written by him in a letter to his brother, but denied that the sacramental bread was the body of Christ. But after divers doubtful answers he admitted that Christ was there, "very God and man in form of bread."
Sentence read against him as a relapsed heretic.

Harl. MS. 422, f. 90. B. M.
30. Latimer and Bainham.
"Concerning Mr. Latymer's communication with Mr. Bayneham in the dongen of Newgate."
After Mr. Bayneham was committed to the secular power, and lodged in the deep dungeon at Newgate, Edw. Isaac, of Well in Kent, Wm. Morice, of Chipping Ongar, Essex, and Ralph Morice his brother, met Mr. Latymer in London, and asked him to go with them to see Bayneham. The day before he was burnt, they went to the deep dungeon at Newgate, which seemed utterly dark, and found Baynham sitting on a couch of straw with a book and a wax candle in his hand. Latimer told him that they wished to know the articles for which he was condemned, saying that no man should consent to his death unless he had a just cause to die in; and it were better to submit to the ordinances of men than rashly to finish his life without good ground. Bayneham replied that the first article was that Becket was a traitor, and was damned if he repented not; for he was in arms against his Prince, and had provoked other princes to invade the realm. Latimer asked where he read this; to which Bayneham replied, "In an old history"; which Latimer said might be a lie, and it were mere madness for a man to jeopard his life for such a doubtful matter. Bayneham said that he had also spoken against purgatory, as picking men's purses, and against satisfactory masses. In these articles, Latimer said, his conscience might be so stayed that he should rather die than recant; but he warned him against vainglory, with which the Devil would be ready to infect him when he came into the multitude of the people, and animated him to take his death quietly and patiently. Bayneham thanked him heartily; and exhorted him to stand to the defence of the truth, for those that were left had need of comfort, the world being so dangerous as it is. On Latimer asking him if he had a wife, he fell aweeping; for he was leaving his wife without anything to live by, and that she would be pointed at by every man as a heretic's wife. Latimer rebuked him for this mistrust of God, saying that if he committed her with a strong faith to the governance of God, he was sure that she would be better provided for than he could do if he were still alive. In conclusion Bayneham heartily thanked him for his counsel, and so they departed.
Pp 2.
[April.]
Granvelle, Papiers d'Etat,I. 608.
(From Apologie de
Charles V. 359.
31. Charles V. to Francis I.
Declaration made by the sieur de Balançon, on behalf of the Emperor, to the French king.
The Emperor supposes that the King has heard from the Pope of the coming of the Turk. Informs him of the preparations which he has made, and asks him to send his galleys for the defence of Italy, and men-at-arms to assist the Germans. Has sent to ask the king of England for money.
Fr.
Ibid., 611. 2. Reply of Francis I. to the sieur de Balançon.
The king is glad to hear of the Emperor's preparations to resist the Turk. Would send his galleys, but they are necessary to protect the coast of Languedoc and Provence against Barbarossa. Can only repeat his offer to the Pope, of coming in person with an army to Italy if the Turk invades that country.
Doubts not the king of England will come in person, if possible, or send a good number of men. Francis is equipping ships, which he will send from this sea to the Mediterranean.
Fr.

Cleop. F. I. 96. B. M.
32. Ecclesiastical Abuses.
Copy of one paragraph of "the Answer of the Ordinaries" (No. 1016, § 5.) See Wilkins, III. 751.
Sept.
[S. Fr. 3,037,
f. 72. (Paris.)
33. The Calais Interview.
List of persons accompanying Henry VIII.
Dukes of Richmond, Norfolk, and Suffolk, 40 men each. Marquis [Exeter], 35. Earls of Surrey, Oxford, Derby, Worcester, Rutland, Wiltshire, Bishops of Winchester, London, Lincoln, Bath, Viscount Lisle, 24 men each. Lords Wm. Haward, Maltravers, Talbot, Rochford, Fitzwalter, Montague, Lord Chamberlain (20), Cobham, Mordaunt, Bray, Daubeney, Leonard Gray, Clinton, Vaux, Monteagle, 12 each. Mr. Cromwell, 10. Sir Jas. Bulleyn, 10. Dean of the Chapel, &c.
Fr. From an abstract supplied by Mr. Friedmann.

R. O.
34. — to My Lord — (fn. 9)
A complaint from one imprisoned as a heretic and an apostate monk. "Ryght trought yt ys, my Lord, all though my fleshe wold be at libertye, your ponyshement ys nothyng to that that I have deserved; for truly yt ys the gifte of good unto my helth; therfore, for as mych as I am Cristes man, which gayve hymself for our synse to delyver us from thys present evyll world by the will of God, to whos vocacione with all mekenes we ought to submyt ourselves," I beseech you not to be offended with my unlearned manner and writing. For since it pleased you to hear me speak and see me write, I was very willing to do both unfeignedly in such a fashion that none of those twenty persons who complained of me to you should say so evil as ye yourself should perceive. Could never learn from those who called him heretic what he ought to amend. Refers to the Epistle on Tuesday after the third Sunday in Lent. After "I myst your plase," and had such broad warning by the occasion of the school-master of St. Thomas of Akers, I was obliged to go to the King to hinder the intent of my evil willers, and his Grace forgave me all offences previous to last Midsummer Eve. Will tell him all that he has done since he first had a New Testament. Denies that he ever kept school in the night, at his own or other men's houses. Has enough to amend that is amiss, but wishes to know his accuser. If your Lordship would put me to death because I once was a monk, I never desired to be one. Was bound apprentice at the age of 13, and sold by his master in the first year to the abbot of Jarvax, who shaved his head, and gave him a white coat, but he was no monk. Could not get him to take off the coat, so he took it off himself. Left the abbey, wishing to fulfil his years to his master. His master said he would fetch him a coat, and told him to meet him at 9 p.m. in the highway toward Masson. Did so, but he had with him two of the abbot's servants, who took him back again. A year and a quarter after went to Gisborow, and the prior there told him he would keep him safe if he would join his Order; but finding that he must be either monk, canon, or such, returned to Jarvax. Went twice to Byland, once to Ravox, once to Fountaunce, once to Dr. Knoles, commissary of York, of which my Lord dean of York knew. Lord Darcy and the earl of Northumberland are not ignorant of all here rehearsed. He should ask those who say he is a monk, where he sang mass, where he "toke benet or collet, or any other order." Could neither sing nor read before he was married. Never gave up his intention of having a wife and children. If he had taken upon him wilful poverty, he could not have claimed 6l. wages and his livery, which he went to so many places to sue for. Did not run or steal away; but on Sunday morning, a month after Midsummer, after taking leave of the abbot, went into "Dame" (Dan) Roger's chamber, and then into the choir to the whole convent, and departed without any resistance. Has lived in Colchester, with his wife, ever since, one year excepted. If this will not serve, has enough behind to prove that he is no monk. Prays that God "will open your spiritual eyes, and give you grace that you may have pity on the poor men which be in your prisons, which be so sore abused with irons that they shall never be able to get their living after."
Pp. 3. The signature is cut off.

Agripp. Epp. VII.20.
35. Cornelius Agrippa to John Kreutzer, Secretary to Mary Queen of Hungary.
Has ventured to write his story to queen Mary, and his complaint of the Burgundians, by whom he has been deprived of his salary and pension. Sends letters of Chapuys, the Imperial ambassador in England, imposing upon him the task of writing in the queen of England's behalf against the universities. Hopes these letters and his answers will be considered, notwithstanding their length. Fears queen Mary is surrounded by persons prejudiced against him, and cannot judge for herself. Deplores the state of her government. Bonn.
Lat.
Ib., No. 21. ii. The Same to Queen Mary Of Hungary.
The letter above referred to; in the course of which he speaks of the duty imposed on him in behalf of her aunt queen Katherine, observing that though many had devoted attention to the case, none had yet cut the knot (nodum rei dissecuit). Bonn.
Lat.

Hatfield MS.
36. Robert Whitinton.
His poems in praise of Henry VIII. and of Anne marchioness of Pembroke. See Hist. MSS. Commission, Report III. p. 201.

Vesp.F.XIII. 157 b. B. M.
37. William Paget to Wriothesley.
I had thought to have desired you to thank Mr. Cofferer for his liberality. On the sight of your letter, he offered me, not 10 oaks, but 30; which, knowing my little desert towards him, I declined,—not as monks do abbacies, but in good faith. I fear, however, I have missed an opportunity of showing gratitude both to you and Mr. Cofferer. I am assured your lease of the provost's house will be as you would have it, though neither I nor any other should speak in it; such is God's providence to you, or, as the common saying is, your good fortune. But if I had gone to Cambridge, I might at least have shown my necessary good will,—necessary for me, though not for you. Here I have a large plain to play on, but I will not trouble you. "I left one for nothing else than to hearken for Mr. Provost's journey to Cambridge, and yet I hear now first of it by one of Mr. Cofferer's servants." Do as you are wont, and supply my insufficiency with your goodness. Drayton, Saturday.
Hol., p. 1. Add.: Right worshipful.

R. O.
38. Dispute between Garter and Clarencieux. (fn. 10)
"Articles exhibited by Sir Thomas Wriothesley, Garter king-at-arms of all England, against the untrue surmise of Benolt, Clarencieux king-of- arms of the south parts, how that the letters patent granted at his particular suit ought not of right to be put in execution."
The said Sir Thomas alleges that the office of Garter king was founded by Henry V., when Thos. duke of Clarence, constable and high steward of England, gave Garter king authority over the other kings-at-arms, with power to confer arms by patent; that in the dispute between Sir James Parker and Hugh Vaughan, gentleman usher, the latter exhibited a patent of arms granted him by John Wriothesley, Garter king; and the King, Henry VII., admitted it as virtually his own act, and gave them leave to run a course, in which Sir James was slain. Clarencieux and Norroy were marshals of Garter king in their provinces. Quotes articles showing the power of Garter king in visitations and devise of interments; challenging Benolt to show that Clarencieux has ever made visitation without his presence or consent. Benolt on his taking office swore obedience to Garter king. No business can be done in Chapter without him. Is ready to show the indenture of Machado, Clarencieux, concerning his authority, made with Garter king. Gifts of arms by the other kings-at-arms must be registered with Garter king. Cites authorities on the meaning of the word "sovereign." No gifts of arms made without the knowledge of Garter king have yet been produced. Refers to Benolt's oaths on entering office.
ii. The answer of Clarencieux king-of-arms of the south, east, and west parts of England from the Trent southwards, to the articles untruly surmised by Sir Thomas Wriothesley alias Garter king-of-arms.
Denies that he obtained the King's patent on false pretences. The King knew the misordering of Garter in giving arms to bondmen and vile persons; which being proved, he took back to himself the power of granting arms; and Clarencieux, seeing the office of arms falling into such ruin, obtained a patent under the Great Seal by means of a Signed Bill, which first passed to the signet and privy seal. Garter never had any part in the office of Clarencieux. Clarencieux was joined with Garter in the office of the latter; Clarencieux took oath to the King alone. Garter's pre-eminence is due only to his being officer of arms to the Order of the Garter; the office having been created by Henry V. for the benefit of the Order. Replies to the other points seriatim. Calls on Garter to produce the books of the Office of Arms, kept for a time by Garter's father in the house called Colherberd, and afterwards taken to his own house; in which it will appear that Clarencieux was independent of Garter in the time of Edw. IV. It will be proved by the ancient Order in the Chapter kept at Rome (Rouen ?) that the duke of Clarence did not appoint Clarencieux aud Norroy the marshals of Garter, or give Garter power to visit generally. Explains the indenture between Sir Thos. Wriothesley and Machado, Clarencieux. The latter, being offered the post of Garter king on the death of Sir John Wriothesley, late Garter king, declined the office on account of his great age, but requested it for the said Sir Thomas, with whom he agreed for half the profits during his lifetime.
In the placard of visitation granted by Henry VII., Garter is not named principal or sovereign, but is associated with Richmond Clarencieux. Edward III. created Clarencieux and Norroy; Henry IV. created Lancaster king-of-arms; Henry V. created Garter king, Windsor herald, and Rougecrosse and Blewmantle pursuivants; Edward IV. made York herald and Fawcon pursuivant; Richard III. made Carlisle herald and Gloucester herald; Henry VII. made Somerset and Richmond heralds; Henry VIII. created Monteagle herald, who has only the rank of a pursuivant.—"Here endeth the two rolls which I had of Clarencieux. Harvie, 1562."
iii. Further articles by Garter king, partly in reply to the above.
Asks restitution from Clarencieux of the money, &c. received in largesses at the jousts of Guysnes, to the value of 100l. sterling; also of a part of that received upon gifts of patents, according to the indenture between them. The books of the Office of Arms were returned into the hands of Machado Clarencieux and others, in the Chapter-house of the Black Friars in London, in 1504, by the hands of himself and his brother William, in presence of the archbishop of Canterbury, and are now with Benolt. Clarencieux has no authority to make visitations in Wales. As to the meaning of the term, "sovereign," Froissart shows that Sir John Shandoys, at the battle of Allroye in Britteyne, was named sovereign captain, and Sir Hugh Calverley, sovereign of the Arrerewarde, though John Mounforde, duke of Brytayne, was commander. Mount Joye, principal king-at-arms in France, is written "Souveraigne Roy Darmes de France." As to the charge of having abused his power of granting arms, has delivered a roll of those to whom he has given arms to the King.
Pp. 51. In an Elizabethan hand.
Faustina, E. I. 220 b. B. M. 2. "The replication of Sir Thos. Wryothesley alias Writh, Gartyer principal king-of-arms of Englishmen, unto the untrue, feigned, and surmised answer of Thos. Benoult, Clarencieux."
Garter says that his bill of articles is true, and not wrongfully surmised, as Clarencieux alleges in his answer. The King, on last St. George's Day, committed the hearing of Garter's petition against the patent of Clarencieux, which takes away his ancient privileges, to the duke of Suffolk, earl marshal; but he has held a visitation while the matter is undetermined. Thinks he ought to be punished, and claims part of his profits. "Your Grace" knows that Garter and Clarencieux delivered a bill for a patent in their joint names, to which the King remarked that he wished his authority to pass by special, not general, words. Clarencieux afterwards fraudulently omitted Garter's name, and obtained the patent for himself. Gifts of patents of arms :—Denies that he has given arms to vile persons, bondsmen, and persons unable to take upon them any honour of noblesse. Has delivered to the King a roll of the names of all those admitted by authority of his office. Has never admitted any person to arms except in accordance with the old custom, that such persons should have freehold lands to the annual value of 10l., or moveable goods worth 200l., and take advouances of noble men for their discharge. Provinces :—Refutes Clarencieux's inference, that, because Garter has no province assigned to him, he ought not to give any patents of arms. During the life of Wm. Brugges, first Garter, no other king-of-arms gave any patents. Obedience :—If Clarencieux refuses obedience to Garter according to his oath, it must be because he is not the King's born subject; and therefore he is not fit to be a king-of-arms, or govern any port or haven, but should resort to his natural country. Though Garter has never sworn to the ordinances in the presence of any officer of arms, he has always observed them. Restitution :—Claims from Clarencieux restitution for the money he took at the jousts at Guisnes from English and French lords, for the whole office of arms. Received from Normandy king-of-arms, for the half of 112 French gentlemen, 56 pieces of gold; and from Clarencieux, for half the gentlemen of England, 27 angels, 7s. 4d.; all which he delivered to Clarencieux for safe keeping, for the use of the whole office, as he was riding to Calais in sure company, and Garter remaining in the camp in his tent. Clarencieux also has received other money for trees, targets, cloth of gold, silk, &c., amounting to 200 marks, of which none of the office have had their share. Sovereign in the office of arms : Asserts his right to this title, and answers Clarencieux's objections. Service of water :—Till the Feast of Allhallows, 21 [Hen. VIII.], Garter has always had a pre-eminence of the service of water of the King's ewry, and had the towel reversed no further than his own person, and none of the office to wash with him, unless he desired them. This pre-eminence is now lost in consequence of Benolt's complaint to the treasurer and comptroller of the King's house. Remits the restitution to "your Grace's pleasure." For books of precedents :—Denies that he has in his keeping writings, precedents, or books belonging to the Office of Arms. Those which were in his father's custody were delivered by him and his brother William to Machado, Clarencieux, in the chapter-house at Blackfriars, in 1504. He retained only those books of estovers which his father gave him when he gave to his brother William books of pedigree and arms. Has restored the roll of knights of the reign of Henry VII., and a bill of liveries of the same office, signed by the said King. The general library is in Clarencieux's keeping. Is ready to show how all his books came into his possession. Confesses that certain fees and pensions have been granted to him by the knights of the Garter, and desires Clarencieux to bring in a copy thereof that the sentence in the grant may be seen.
Pp. 5.
Faustina, E. I. 236. B. M. 3. "The articles that passed between Thos. Wryothesley, Garter, and Thos. Benolt, Clarencieux, in defence of the right belonging to the several offices."
Restitution :—To the same effect as the preceding, with the exception of what follows :—He demands also his reasonable part of the gift of patents of arms, visitations, and funerals according to Clarencieux's indenture, of which his share for the last four years amounts to 140l. If Clarencieux refuses the order of "your Grace," asks licence to proceed in common law. Visitations in Wales :—Denies the right of Clarencieux to hold them, Wales being English, but not England, and his patent is only for the south part of England.
Copy of the seventeenth century, pp.6.

Footnotes

1 This document is probably earlier than the period of the present volume. It certainly cannot be later.
2 See Gayangos' Calendar, vol. IV. part I. p. 852.
3 Printed by Wilkins, and in the Cabala, as a letter to the clergy of York generally, and dated by them 1533. But see Atterbury on Convocations, 85.
4 "Yourselves" in Wilkins, which is incorrect.
5 Struck out.
6 The copies of this and the two following letters of the bishop of Auxerre, dated 7 and 8 Feb., were procured by Mr. Friedmann for a work of his own, and were kindly lent by him to the editor.
7 The body of the letter is in Morison's hand.
8 See No. 1016. It appears by Hall's Chronicle (p. 784) that a Bill was introduced touching the grievance of ex-officio prosecutions in the Parliament of 1532, and presented to the King on the 18th March.
9 I can find no clue to the writer of this letter, nor to its exact date. But it is probably not long after Wolsey's time, and may have been addressed to Sir Thomas More as Chancellor.
10 This dispute seems to have arisen in consequence of the privy seal granted to Clarencieux on the 6th April 1530, which was delivered to the Chancellor on the 19th, but does not seem to have been enrolled as a patent. See vol. IV. 6314, 6347.

Annotations

661 catherinefletcher - (Thursday 13 Jan 2011 09:15:24)
Part of this letter is printed by Molini.
Molini, Documenti di Storia Italiana, II, pp. 366-67.
662 catherinefletcher - (Thursday 13 Jan 2011 09:25:54)
An almost identical text of the same day is published by Molini.
Molini, Documenti di Storia Italiana, II, 366-67.