Spain
February 1531, 1-15

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Institute of Historical Research

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Pascual de Gayangos (editor)

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1882

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47-64

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'Spain: February 1531, 1-15', Calendar of State Papers, Spain, Volume 4 Part 2: 1531-1533 (1882), pp. 47-64. URL: http://www.british-history.ac.uk/report.aspx?compid=87736 Date accessed: 26 November 2014.


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February 1531, 1-15

l Feb.624. The Same to the Empress.
S. E. L. 854,
f. 120.
In the matrimonial cause of England I am doing all I can to have it decided; but I am afraid that some great novelty will be started, and that the King of that country will not consent to its being tried here [at Rome], and in fact that without waiting for a definitive sentence, he will take another wife. I have also information from that country, from a very good source, that the King intends to appeal to the future Council before definitive sentence is pronounced. I now write to the President [of the Council of Castille], reporting on the different phases of that affair.—Rome, 1st February 1531.
Signed: "Mai."
Addressed: "To the Catholic Majesty of the Empress and Queen."
Spanish. Holograph. pp. 2.
6 Feb.625. Clement VII. to the Emperor.
S. E. Pat. Re. Bul.
S. L. 1,f. 140.
B. M. Add. 28,583,
f. 1.
Alfonso d'Este, who entitles himself duke of Ferrara, but is only a rebel to the Church, is no longer satisfied with that city and its territory, but has also appropriated to himself the church of Modona, refusing to give possession of it to Giovanni Moron, bishop-elect to that see. The immediate consequence of which usurpation is the disorderly and immoral state of the clergy of that diocese. Hopes sincerely that he (the Emperor) will not favour Alfonso d'Este in his unjust pretensions, and begs him write to his governor at Modona to help the said Moron in taking possession of his bishopric.—Rome, 6th February 1531, on the eighth year of our pontificate.
Countersigned: "Blosius."
Addressed: "To our dearest son, the Emperor Charles V."
Latin. Original. p. 1.
9 Feb.626. Dr. Ortiz to the Same.
S. E. L. 854,
f. 102.
B. M. Add. 28,583,
f. 2.
Wrote from Spain, and also from Turin, giving an account of his journey thither. Saw the duke and duchess of Savoy, and obtained the opinions of several eminent lawyers and canonists on the Queen's case, the more so as he heard on his arrival in that city that the opposite party had been for some time at work, and that the English agents had gone thither for this very purpose.
After some trouble and danger he (Ortiz) arrived here, at Rome, on the 23rd ulto. Will set to work as soon as he has had an audience from the Pope, and do his best to convince His Holiness, and all those to whom the trial of the cause has been entrusted, that justice and right are absolutely on the side of the Queen. Indeed this is so evident that, in his opinion, there is no need of debating and pleading, thus disturbing people's consciences and giving the Christian Republic bad example by such delays in the execution of justice.
Of the great many signatures which the agents of the English king are said to have procured His Majesty must not take heed, for in reality they are entirely worthless, and will be of no weight at all when the case comes to be tried. Should be delighted to see here my opponents, those who have subscribed without proper consideration the contrary opinion, and prove to them that the dissolution of this marriage (la prohibicion de este matrimonio) is not a matter of divine right but merely of civil law (derecho positivo). one in which the Pope could very well dispense, especially having so many reasons for it.
I have not waited on His Holiness yet, but will in a day or two, when I will not fail to advise and report on the state of the process.
The above is only a repetition of my letter of the 28th ulto, which I fear has miscarried, as did many others that went by the same conveyance. Since then I have seen His Holiness, who seems pleased with my coming. To the address I made he answered that he was well aware of the inconveniences likely to arise from further delay in the cause, and that he was determined to quicken the proceedings as much as it was in his power to do. I wish there was here on the opposite side some person willing to examine and debate the case in a theological point of view, which is the principal thing. His Holiness ought to compel the king of England to do this, for, as far as I can see in the allegations (informaciones de derecho) which have been recently presented (to the Pope and cardinals) by his proctors, he claims not to be obliged to treat this question here, because he says that the case to be tried being so grave and important he must needs appear in it, and that the roads are not secure. This point, which appertains exclusively to lawyers (juristas). is to be discussed at the next Consistory, although, in my opinion, there can be no possible doubt about it; the cause having already been determined, (derechos) His Holiness is bound to proceed against the refractory parties (los rebeldes) whose own fault it is, if they do not appear in court and plead the contrary.
Have since received Your Majesty's orders to prosecute the case with all possible vigour. Nothing on my part shall be left undone, and whenever Miçer Mai tells me to begin I will be at my post. The time for the fight has not come yet, as that ambassador assures me, for the process does not yet touch on the principal point.—Rome, 9th February 1531.
Signed: "Doctor Ortiz."
Addressed: "To the Sacred, Imperial, Catholic Majesty of the Emperor and King, our Lord."
Spanish. Original. PP. 3.
10 Feb.627. Muxetula to the Same.
S. E. L. 852,
ff. 111–2.
B. M. Add. 28,583,
f. 4.
Last night His Holiness shewed me letters from his Nuncio in France of the 27th, 28th, and 29th ulto, in which he says that the only news now stirring in that country is that the king of England complains bitterly of the inhibition brief, and wishes him of France to interfere with the Pope in his favour. The ground of complaint is that king Francis having requested His Holiness not to proceed with the cause at Rome, this inhibition forbidding him (the English King) to proceed "de facto" in the new marriage, ought not to have been executed without his (the king of France) having been duly informed of it beforehand. (fn. 1) The Nuncio adds that Francis did not seem to him as if he took the thing much to heart when he spoke on the subject, nor did he blame the Pope for decreeing the inhibition. He said, however, that it would be advisable to look out for some means of settling this affair amicably, and that in the meantime the proceedings at Rome might be suspended. This very thing the duke of Albany has already tried to accomplish, as I am told, several times, urging His Holiness to stay the proceedings, but all in vain. The Pope has always answered that he cannot stop the course of justice, especially as these are only devices for the king of England to gain time and act, and besides, observed the Pope, even if the king of France should find means of conciliation that was no reason for his staying the proceedings.
Such was the Pope's answer to the Duke when he said the other day that should the proceedings at Rome be suspended the King, his master, would willingly pledge his royal word that no further steps would be taken in England by king Henry. To which the Pope replied that had the application come from the Queen herself he (the Pope) might have consented to it; as it was he could not possibly stay the proceedings and must needs let justice have its course. With these words the conversation ended and there was no more said about it. (fn. 2)
Some days ago an English excusator appeared before His Holiness and the Rota to explain, as he said, the many reasons there were for not proceeding here [at Rome] with the English cause, which reasons after all are the same which the King himself has alleged in his letters to the Pope. But after several attempts and demands on the part of the English excusator and ambassadors it was decided this morning in Consistory not to admit the excusation, and to proceed with the cause. As the ambassador (Mai) who has particular charge of this business cannot fail to inform Your Majesty thereof I will say no more, &c.
Indorsed: "Paragraphs of a letter of Gio. Ant. Muxetula to the Emperor."
Spanish. Contemporary abstract. pp. 2.
10 Feb.628. The Same to the Same.
S. E. L. 852,
ff. 111–12.
B. M. Add. 28,583,
f. 10.
Wrote on the 31st ulto, but hearing that the courier had met with an accident between Modena and Bologna deems it necessary to repeat a portion of the contents of the said despatch.
[Transcribes the paragraphs relating to the divorce, and then adds:]
The Papal Nuncio in France writes that king Francis had complained to him of having received no answer to a message sent by one of his secretaries to Your Imperial Majesty. He (the King) was expecting your arrival in Flanders, and your answer to the proposals of matrimonial alliance made by him: all the cause of which was neither more nor less than an uncontrollable hankering after Milan.
The King, moreover, had made a very good provision in favour of Sigismondo Darimine (da Rimini), and treated him much better than the rest of the Italians at his Court. The duke of Ferrara (Alfonso d'Este) having sent to ask for a settlement of the arrears due to his son [Ercole], and the dower of his wife, Madame Raynera (Renée of France), the King got into a great passion at first, but the Grand Master (Montmorency) interfering, matters were arranged satisfactorily for both parties. A cardinal's hat has been asked for the bishop of Toulouse (Jean d'Orleans).
Venice and Milan.—The Switzers.—Duke of Lorraine, and the brief about the Council.
Besides the above intelligence from France, conveyed in a letter of the Papal Nuncio, which he has himself deciphered, the Pope tells him that he has letters from Dalmatia stating that the Turk had dismissed the ambassadors of the king of Hungary, now of the Romans, and given orders for his army to collect on the frontiers of that country, and was also arming by sea. Indeed, it was generally reported at Constantinople that this year Puglia would be invaded. "The Venetians (added the Pope) must know something about this, for I hear they have sent orders for fitting out certain galleys in Dalmatia."
Relates a long conversation he had on the 9th with His Holiness about the Turk, the Lutherans, and the Council. Told the Pope that the principal thing to do under present circumstances was to collect at once as large a sum as possible. His answer was that his resources were very scanty, owing to France, England, and Venice having refused to tax their clergy. Spain, once so rich a source, was now exhausted by the "Cruzada" and "Quarta," Italy was impoverished by former wars. He (the Pope) was averse to raising money except by honest and fair means. Pointed out to him that if he did not cast away his scruples he would never after, if he lived 100 years, be in possession of a single "quatrino." He must do (he said) as his predecessors had done, and use all means to get money. The Pope answered very coldly (frio y respetuoso): "We shall see."
With regard to the Lutherans the Pope observed that instead of helping him and the Emperor most of the princes in Christendom were inclined to favour them and even the Turks.
Has written to Genoa and to Venice about their respective contributions, but has very little hope as to the latter. The 30,000 crs. from Naples were immediately forwarded to the camp. At Siena 500 Spanish infantry can for the present be maintained, and some money, not much, is expected from Mantua and Urbino.
Affairs in Siena are getting gradually better; but in his opinion will not be settled until the duke of Amalphi be appointed governor of the place in His Majesty's name, as stated in former despatches.—Rome, 10th February 1531.
Signed: "Jo. Ant. Muscetula."
Spanish. Original. pp. 4.
10 Feb.629. The Same to the Same.
S. E. Ro. L. 852,
f. 112.
B. M. Add. 28,583,
f. 12.
The following are the news sent by the Papal Nuncio in France, as reported in the preceding despatch. (fn. 3) Danger from the Turks and Lutherans.—With the exception of the Emperor and of his brother the king of the Romans all other princes of Christendom keep aloof, nay, rather than help us in this emergency will favour the Infidel. Such were the Pope's sentiments the last time he (Muscetula) spoke to him on the subject. After discoursing together for a while on the best means to be employed to meet the Turkish invasion the Pope himself suggested that the principal thing to do was to collect at once as much money as possible. His resources (he said) were very small, inasmuch as neither France, England, nor Venice would allow him to tax the churches of their respective dominions. Spain, so rich a source at one time, was now almost exhausted by the levying of the "Cruzada" and "Quarta." Italy was impoverished and ruined by the last wars. He (the Pope) was averse to making money in any other way except by thoroughly honest and legitimate means. Told him plainly that unless he did away with his scruples he would never be in possession of one single "real" were he to live 100 years, and that he must do as his predecessors had done, namely, use all possible means to obtain money.—Rome, 10th February 1531.
Addressed: "To His Most Sacred, Imperial, and Catholic Majesty."
Spanish. Holograph partly in cipher. Contemporary deciphering. pp. 13.
13 Feb.630. Miçer Mai to the Same.
S. E. L. 852,
ff. 69-70.
B. M. Add. 28,583,
f. 19.
I wrote last on the 31st ulto, but as there is every reason to think that the courier dispatched by cardinal Colonna, and who took mine and Muxetula's despatches has met with an accident on the road, (fn. 4) will repeat part of their contents.
I then wrote, that in my opinion the feeble arguments adduced by the English (fn. 5) had no foundation at all, and could not be taken into consideration. I have now the satisfaction of announcing to Your Imperial Majesty that on the 10th inst. it was publicly declared in Consistory, after the report of the Auditor and the votes of the Rota had been read, that the English excusator could not possibly be heard unless he brought special powers to defend the cause. This was obtained notwithstanding the efforts of the English agents who had been for a whole fortnight visiting the auditors [of the Rota] one after another, accompanied by two lawyers (letrados) and two proctors, taking with them legal opinions drawn up by the most eminent jurists of Italy. These last, however, have been of very little use to them, since the ill success of their application has now been made public. May they be defeated in the principal cause as they have been in this incidental one! I must not omit a circumstance which shews the tenacity of the English ambassadors: they went about Rome soliciting the admission of the excusator, and although they were told that he could not possibly be admitted unless he came furnished with a sufficient power of attorney from the King, they still insisted upon presenting a petition to the Rota, and the consequence was that, as I said above, it was rejected.
Now it remains for us to press the cause in which, thank God, not one minute's time has been lost up to the present through any fault of Your Majesty's servants. But it is, nevertheless, very important to have an authentic copy of the brief [of Julius II.] and also an attestation that the new summons (fn. 6) sent some days ago has been properly affixed. Meanwhile the register-book shall be prepared for the solicitation of a sentence. I have no doubt the English will go on inventing new pretexts to stay the proceedings, but this will make us shorten them as much as possible. Indeed, already through this last step we have gained no less than six important articles over our opponents, though it must be said that only five of them have been obtained in my time, viz., one at Orbieto, when they, the English, petitioned that the divorce should be declared and established without suit (de plenitudine potestatis). The second, when the cause was advoked to Rome. The third, when he (the King) asked the Pope to issue a decretal thereupon. The fourth, when they applied for the dispensation brief [of Julius II.] to be declared false, and that the cause should be tried in London. And the fifth, and last, the rejection of their excusator (exequtor?). Upon every one of which separate articles the English have laid as much stress and pressure, and used as much diligence as in the principal affair, &c.
Festivities in Rome to celebrate the coronation of Ferdinand as king of the Romans.
General Council. The Pope is mightily afraid of it.
I hear that the duke of Albany is doing all he can to prevent the interview of Your Majesty and the king of France taking place anywhere but here in Italy, alleging that if in Flanders everything would be done according to Your Majesty's will, whereas here in Italy, what with his (the Pope's) authority, and that of the other Italian potentates [who might be present], the game would be more equal. This the Venetian ambassador told me with great secrecy, and also that he imagined the whole to be a fabrication and a mere invention of the Pope. Inquired from cardinal d'Osma what could be the cause of such language, but he could not tell me. Went then to the Pope and spoke to him on the subject. He at first tried evidently to shun the conversation but owned in the end that the duke of Albany had no doubt spoken those words to him under the impression that were the interview to take place in Flanders the affairs of the king of England might also be arranged. This, however, the Pope thought would not become him in the least. (fn. 7) I have been unable to learn more particulars either from the Pope himself or from any other source, and therefore beg leave to send by this messenger a rough sketch of the whole, promising, if I should gain further intelligence, to apprize the High Commander (Covos), Your Majesty's principal secretary, of it, though I am very much afraid that having been found out in their game, both His Holiness and the Duke [of Albany] will cause all traces of the intrigue to disappear. (fn. 8)
The Pope says that a paper containing his ideas on the Florentine constitution, and how that city ought to be governed in future, has been forwarded by him to Your Majesty's court; I myself wrote some time ago that the Capuan (Schomberg) had gone with it.
I have seen letters from France stating that, as far as they can judge, the minds of the Florentines are still very unsettled. Indeed, the general opinion here is that Florence is not so peaceful and quiet as might be desired, and that cardinal [Ippolito] de' Medici, who hates his brother Alessandro, has intelligences in that city and is likely to create disturbance. Only a few days ago the Cardinal told his uncle, the Pope, that he would no longer be a churchman, but a layman to carry sword and offer his services to Your Majesty. I was sent for and asked by the Pope to interfere.— Rome, 13th February 1531.
Signed: "Mai."
Addressed: "To His Most Sacred, Imperial, and Catholic Majesty."
Spanish. Original. pp. 5.
13 Feb.631. The Same to the High Commander.
S. E. L. 852, f. 70.
B. M. Add. 28,583,
f. 19.
Since Your Lordship wishes me to report on the Camerino affair I will state what I know about it. The Duchy is worth 12,000 ducats a year. Its capital is well situated on a mountain in the midst of the Romagna, between the estates of the Church and the lands of the duke of Urbino. Owing to these reasons it is considered more important and valuable than it really is. The heiress (Giulia) is nine years old, and a niece of the Pope, for she was the daughter of a brother of cardinal Cibo, the legate at Bologna. Don Joan de Borja, son of pope Alexander [VI.] claims it as his own, and as far as we can judge has justice in his favour. Should things stand thus the Pope ought to marry her to Don Joan, and the better to ensure his claim the latter ought to take her as his wife. This is what relates to the parties, &c.
In the marriage of Monferrato nothing is said for the present, and matters are at a standstill.
The news of the Turk Your Lordship will see by a long report I have addressed to His Imperial Majesty.
The Pope is very determined to try and bring to light by whom the bulls for the coronation of the king of the Romans were sent, and to whom they were delivered. If this be done soon well and good, if not I will apply for fresh ones. (fn. 9)
With regard to the 5,000 ducats seized by Scalenga (D'Escalengues) His Holiness is very much hurt at the doubt that has been raised, for he says that the money was certainly his own.
The dispute about Santofemia, (fn. 10) which was on the point of being settled between the proctors of the Viceroy [of Sicily] and those of Fabricio Pignatello, his grandson, those of Fray Perrin, and Commander Urries, is hotter than ever, for those of the Viceroy ask now more than they did at first. The Commander, however, who was at Naples, a convalescent from his late illness, has since come back, and is now in Rome; so I hope that the parties will soon agree, and then Urries may be sent to the camp.
The affairs at Siena are just in the same state as they were, as Your Majesty will be able to see by the copy of a letter which is enclosed to Don Fernando [Gonzaga] and to Lope de Soria, begging them to propose terms in Your Majesty's name. We are only waiting for an answer from them, which I hope will be reasonable, for the fact is that the Sienese can in reality do no harm; they cannot offend us, nor can they defend themselves if attacked, though they are, nevertheless, a hot headed set (locos). and some of them perhaps badly inclined, this being our only fear. Until now no rigour has been used under the impression that moderation will serve His Majesty's purpose better than violence; but if it should be necessary to use the latter (which God forbid) let the World know that Your Majesty's ministers have all the time used the mildest and most conciliatory terms to settle the disputes of the Sienese among themselves. Vargas, in the meantime, has taken possession of two or three small villages which had offered resistance, and has slain most of the Corsicans, who were in them, &c. (fn. 11)
With regard to Ferrara the state of the business is, that on no account will the Pope consent to Modena and Rezzo remaining in the hands of the Duke (Alfonso d'Este). He has lately sent to Siena to ask for Philippo Decio's opinion on the affair of the divorce.—Rome, 13th February 1531.
Spanish. Original partly in cipher. pp. 7.
–––632. The conditions under which His Holiness consents to the convocation of the Council.
S. Pat R. Cone. y
Di-e. L. 2, f. 11.
B. M. Add. 28,584,
f. 158.
"Si videbitur Maiestati Cæsareæ, omnibus rite at recte pensatis, convocandum concilium sanctissimus D[ominus] N[oster] et Sacrum Collegium infrascriptas adjiciunt conditiones," &c.
Latin. Contemporary copy. (fn. 12) pp. 3.
13 Feb.633. Miçer Mai to the Emperor.
S. E. L. 852,
f. 60.
B. M. Add. 28,583
f. 27.
Affairs of Florence.
Measures have been taken to arrest and punish the murderers of the Imperial courier sent by cardinal Colonna, (fn. 13) and the Pope has written to Mantua and Ferrara about it.
His Holiness was very glad to hear that on no account would Your Majesty hold an interview with the king of France without letting him know first.—Rome, 13th February 1531.
Signed: "Mai."
Addressed: "To the Imperial and Catholic Majesty, the Emperor and King, our Sovereign Lord."
Spanish. Holograph mostly in cipher. Contemporary deciphering on separate sheet. pp. 4.
13 Feb.634. The Same to the High Commander [Covos].
S. E. L. 852,
ff. 62–8.
B. M. Add. 28,583,
f. 29.
My despatch to the Emperor will sufficiently inform Your Lordship of what has lately been done in the English cause, yet I have purposedly omitted a few particulars which I now beg leave to bring under your notice for the better issue of that affair.
(Cipher:) It is of the utmost importance at the present juncture to have an authentic copy of the original proceedings enacted in England before the two cardinals, Wolsey and Campeggio. I have several times asked for it, and pointed out the way in which it could be obtained, the latter cardinal sending in his application, &c. These papers being of paramount importance for the success of this cause ought to come as soon as possible, not that they are absolutely necessary, as the suit can well go on without them, but in order to remove all cause or pretence for delay, since it is most probable that these most reverend cardinals will decline issuing sentence in a case of such importance, unless they have before their eyes the original process. Any excuse to cause delay in this matter is likely to be acceptable to people who dislike having to decide in an affair of this sort.
The other day, whilst discussing with one of the cardinals the validity of the dispensation brief, he owned to me that I was right about the brief itself, but that in his opinion pope Julius had no faculty to dispense [in such a case]. I was very much surprised to hear such sentiments from the mouth of a cardinal, and made at once a suitable reply to his objection. I fancy, however, that it will not be difficult to convince him altogether of the contrary, for having afterwards reported this to the Pope, he felt so angry that one of his cardinals should entertain such an opinion, that he promised to send for him and remonstrate. Indeed I hear that His Holiness has already spoken to him, and that the Cardinal is now very sorry for what he said to me, and willing to be fully informed of the case, that he may rectify his opinion, &c.
Doctor Ortiz has arrived. I sincerely hope that he will be successful, for in the disputations which take place every day before the Pope, at his dinner hour, he (the Doctor) has already made great shew of learning and talent.—Rome, — February 1531.
P S.—After writing the above I learned that a courier had come from France, and that the duke of Albany had yesterday been closeted with the Pope for more than one hour. I went this morning to the Palace to inquire what could be the object of the Duke's visit. His Holiness told me in plain words that the Duke had said to him that the Most Christian King wished to interfere in the divorce suit, and try to bring things to a settlement. The King, his master (he said), would have thought this opportunity a most favourable one had it not been for these new inhibitions, of which the English complain most bitterly, saying that he (the Pope) had formally promised them not to proceed in the case for many a day (fn. 14) The Pope's answer to the Duke was that the English ambassadors had misunderstood him. By many a day he did not mean to say that the proceedings should be staid for ever.
The Most Christian King (continued the Duke) begged the Pope to revoke the inhibitions, or at least to suspend all proceedings for two or three months, promising that during that time the king of England would do nothing "de facto." To this last petition the Pope had answered that he did not think the Imperial ambassadors (meaning D'Osma, Muxetula, and myself) would ever consent to such a prorogation, but that he would communicate with us and let him (the Duke) know the result. He imagined that it would be easier to obtain from us the total withdrawal of the cause than the suspension for three or more years.
Such was His Holiness' report of the conversation with the Duke. The Pope added: "I have purposedly repeated to you all his words, and what my answer was, that you and your colleagues may have time to deliberate, and tell me how to answer certain fiery letters (letras de fuego) I have lately received from England on this very subject."
Thanked His Holiness for his good intentions in this particular, and for his having so dexterously led the Most Christian King to such a conclusion; but I could not help telling him that in my opinion it was far better to try and dissuade him from his purpose than encourage him in it, because (said I) the affair being now in the hands of the Law, and Your Majesty being from just reasons determined not to grant one day's more delay, it might happen that (cipher:) in case of refusal the king of France took offence (se resabiase). It was prudent (I observed) to remove all occasions of displeasure from people so touchy (cosquillosos) as the two kings were. His Holiness could very easily get out of the game (salirse del juego) merely by saying that I had no powers from Your Majesty to make such a concession, and that on the contrary my orders were to proceed with the case as vigorously as possible. After so many delays as had been granted, without any favourable result for the Queen's cause, I could not possibly take upon myself the responsibility of acting without positive instructions. It was for him (the Pope), if he had any interest in the matter, and wished also to conciliate the affection and good-will of the two kings, to consult the matter directly with Your Majesty. As to me I begged to decline such a charge.
After this, upon His Holiness remarking to me that if a delay of two years was now granted, perhaps the affair would altogether drop and be forgotten, I explained to him that such a course could nowise turn to the Queen's advantage or promote the Emperor's service, owing to the uneasiness and anxiety caused in the minds of people, often more wearing and troublesome than actual evil. The Pope then asked me whether in case of the King's coming personally or by proxy to the trial some sort of accommodation (comodidad) should not be allowed to the party. Answered that "I had no instructions whatever to act upon in such case; my orders were limited to urging him (the Pope) to have the suit sentenced at once, whether the parties appeared or not, and nothing more. The suit had already lasted longer than it ought, and we could not wait." Upon which the Pope observed; "If the English come to the suit the cause may be protracted indefinitely, as in the cases of Romaricomonte and the count of Salinas, and other suits which have been pending for these last 15 and 20 years." (fn. 15) My reply was: "I hope that through Your Holiness' love of justice we shall soon put a stop to all the calumnies [of the English]. If we cannot we shall have patience, and neither the Emperor nor Her Most Serene Highness, the Queen of England, will have cause to complain of me, since I have used all possible diligence in this affair."
(Common writing:) I have deemed it advisable to inform Your Lordship of all these particulars that I may receive instructions as to my future doings. Until I receive them, I intend following the same line of conduct, though cardinal Agramonte (de Grammont) may, as I know he has already done, call me furiously obstinate (rabioso). owing to my insisting on the said refusal, and my having once prevented also count Pontremoli's journey to Florence.
(Cipher:) I am in possession of certain facts concerning the last Consistory, which it is well Your Lordship should know. Most of the cardinals there present spoke between their teeth (hablaron entre dientes) except Ancona, who carried them all after him like a sweeping net. Your Lordship may believe me when I say that all the rest of the cardinals, nay the Pope himself, would be glad, in order to avoid trouble, to delay this affair or put it off entirely, for Your Lordship must know that most of them do not look upon it according to the justice or injustice of the case, but merely in conformity with the wishes of the princes, to whose party each of them belongs, and it might also happen that some of them went still further, imagining that as long as this suit is pending they will have the Emperor in their power and use him for the furtherance of their own ends.
(Cipher:) I should recommend that a letter be written to cardinal Ancona, and another to his nephew, the cardinal of Ravenna, acknowledging their good services, thanking them for what they have done, and encouraging them to persevere.
My duty compels me to mention a fact closely connected with this case. I sent the other day to thank the Auditor [of the Rota] who has charge of the Queen's defence in that tribunal, for his good offices in this last article, i.e., the rejection of the English excusator (Karne), and told him that the Emperor would keep his services in memory, and reward them as they deserved. His answer was that the English had already tried to bribe him at Orbieto, and had offered him since large sums of money, which he had constantly refused. If he ever took a bribe (said the Auditor) it would only be from the Emperor, (fn. 16) not from anyone else. Had this Auditor not asked so impudently for a reward I should not have hesitated to recommend him, for he has certainly displayed great zeal and activity. He is the senior auditor of the Rota, and now presides as such. Every day we want him, and I must say that he helps us as much as he can. Having told him that the Emperor could not at present distinguish and honour him as he deserves for the sake of his own reputation, he replied that if that was the case some means might be found to allay all suspicions. I mention this to Your Lordship that the case of this Auditor may be referred to the Emperor, and that I may know how to act in future with him.
Rodrigo Niño writes that Dr. Parisio (fn. 17) , who is now at Venice, wishes to write in defence of the Queen's cause without the Emperor's express orders. Being his vassal, and knowing as well or better than anyone else the business he has in hand, I should think that he (Parisio) ought to be encouraged in his purpose.
To the ambassador in England (Chapuys), though a vassal, but not a native of those kingdoms, a present should also be sent, for certainly he displays great zeal and activity, and is a very clever man. I am glad that my prediction about him, when he was on the point of being sent to England, should have turned out true.
Signed: "Mai."
Addressed. "To the High Commander, Francisco de los Covos, first secretary to His Sacred Majesty of the Emperor and King, our Supreme Lord.
Spanish. Holograph. pp. 6.
14 Feb.635. Eutace Chapuys to the Emperor.
K. u. K. Haus-
Hof-u.-Staats Arch.
Wien. Rep. P.Fasc.,
c. 227, No. 9.
Since my last the Clergy have withdrawn from the agreement entered into with the King, as I had the honour to inform Your Imperial Majesty, owing to his demanding that in case of his, or any of his allies, being compelled to make war, they should be bound to pay at once the sum previously agreed without waiting, as formerly stipulated, for five years. Another cause of disagreement is that the King now refuses to grant them the condition on which they were principally induced to disburse the money, and of which some hope had been held out to them, namely, that they should be restored to their old privileges; that the volition of which they have been deprived by a writ called Præmunire, should be restored to them; and thirdly, that the King should have a declaration published on the importance and tenour of the said writ, that they may not act in future against the letter of it. Of this writ called "præmunire" there is no one in England who knows anything; it rests only on the imagination of the King, who comments and amplifies it at pleasure, connecting with it any case he chooses, and subjecting those who in any way infringe the same to confiscation of property and imprisonment. At last, after much negociation, bad blood (grimasses) and many threats, the affair has been half settled (a esté moyenne rabillié), the King promising not to demand the money before the expiration of the five years, and granting one out of the three points asked by the Clergy, namely, that of the " volition," for the other two the King has flatly denied to grant.
About a week ago the Nuncio presented to this King a Papal brief in answer to his letters, which, as is well known, were couched in rather ungracious terms. I do not send a copy of it, because I am sure Your Imperial Majesty has by this time received it from Rome. The King did not read the brief in the Nuncio's presence, reserving this for such a time as he could consult his Privy Councillors about it. For this reason the Nuncio was obliged to communicate to the King some of its contents, reduced, as he himself tells me, to a justification of His Holiness' acts in the divorce suit, and to a sort of credential in favour of himself. I was further told that never, on any former occasion, was the Nuncio so graciously received by the King and his ministers, since among other reassuring and flattering expressions the King volunteered to say: " I am well aware that you have addressed the prelates of this my kingdom, exhorting them not to consent to any measure likely to be detrimental to the Pope; but I can assure you that there was never a question of any measure that could in any way affect His Holiness. I have always upheld the authority of the Church in this my kingdom, and fully intend doing so in future, provided he (the Pope) give me no cause to act differently." Many other flattering words did the King say on this occasion, all tending to prove that he is nowise hostile to Rome, and yet at the very time he is giving such assurances I know for a positive fact that he is trying to obtain from the Clergy in his dominions a declaration highly detrimental to His Holiness, of which I will speak hereafter.
The King told the Nuncio the news he had from Germany, said much about the confusion in which the affairs of that country were represented to be, and also about a handsome present which, he said, one of the king of Hungary's servants had sent him, consisting of two camels, two horses, and two slaves, which present he praised and commended in very high terms, as if he meant to imply that it came straight from the king of Hungary himself, whereas it is an ascertained fact that it was sent by his " Azemilero Mayor." (fn. 18)
After this the King said to the Nuncio: " I have heard that the coronation of king Ferdinand as king of the Romans has already taken place. The information, however, comes not from the Emperor's representatives at this my court, who have not yet given me notice thereof—but from various other quarters which leads me to believe that there is something more to be said about it."
I must here remark that before the Nuncio was admitted to the royal presence the duke of Norfolk came up to him, and fearing lest he should make some sort of intimation or summons to the King respecting the Queen's business, reminded him of what he had said to him on many previous occasions, namely, that the affair of the divorce should not be discussed in this present Parliament, assuring him that no proceedings should be taken against the Queen, which assurance the Duke again repeated, telling the Nuncio that he relied entirely on his discretion and hoped the subject would not be broached. So when the Nuncio, after the King's audience, left the room, the Duke approached him and began to thank him most heartily for the good offices he had always done in the discharge of his diplomatic duties, begging him to continue the same, and declaring that ever since the 19th ulto an agent had been dispatched by the Court of France to Rome expressly for the Queen's business, and that the King hoped to have some good news therefrom. The Duke went still further; he said that the King had ordered an answer to be sent to the Papal brief on the convocation of the Council, the substance of which was that he (the King) approved entirely of the said convocation, provided the place appointed for the meeting was a fit one, and that in case he (the King) was unable to attend personally, he would depute fit and proper persons to attend thereat. The point, which as I said before has been lately discussed, and will, if carried out, be very injurious to the Pope's authority, is this: that under the penalty of the said writ of "præmunire" the English Clergy have been induced and compelled to declare, constitute, and accept the King as the chief and principal head of the whole Anglican Church, which amounts almost to making him Pope in England. It is true that the Clergy have added a clause purporting that this declaration is to be understood as far as the thing is compatible with Divine law, but as to the King himself, the restriction is null and void, for henceforward no one will dare dispute with his lord and master.
This last act has taken the Queen so much by surprise that she begins to fear that since the King is not ashamed of doing such monstrous things, and there being no one who can or dare contradict him, he may one of these days undertake something most outrageous against her own person, notwithstanding the promises he has made to treat her differently, which promises in my opinion have only been put forward to lull her and her abettors into security, and in the meantime treat the Pope as they have done. The Queen is the more alarmed from the circumstance that immediately after the above Act was passed, the King's mistress (La Dame du Roy) made such demonstrations of joy as if she had actually gained Paradise, besides which it seems as if this Parliament was only kept open for the purpose of proceeding with the divorce case as soon as the information they expect from France has arrived. Jehan Jocquin, who is to bring it, cannot be long coming back. La Guiche continues to be feasted and entertained as much as possible by the King. The other day when the King went in great triumph to hear mass at Ouesmostier (Westminster), surrounded by almost all the nobility of his kingdom, no other foreign ambassador was present at the act but the said La Guiche, who dined that day at the King's table with the two dukes and the young Marquis [of Dorset]. Indeed La Guiche, and the three above noblemen have been the King's usual guests whenever he has dined in public during this session of Parliament, i.e., thrice a week. He was likewise conducted by the King's order to the House of Parliament, that he might be present at the solemn opening of the same, the King having previously sent order to the members for each to be at his post, splendidly attired and accoutred, for the reception of the said ambassador, as was done. Yet, notwithstanding all this feasting and entertaining, he (La Guiche) having been invited some time ago to dine at Court, received counter-order owing, as it was said, to some business which had suddenly come upon the King, at which La Guiche was, as maybe imagined, highly displeased and went to the Nuncio to complain, saying: " These people have very little regard for the favour and good treatment shewn to their ambassador at the court of the Most Christian King, my master, for certainly there, in France, no business, however important, ever prevents him from entering the King's chamber at any hour he pleases."—London, 14th February [1531].
Signed: " Eustace Chapuys.''
Addressed: "To the Emperor."
Indorsed: " From the ambassador in England. Received the 21st."
French. Holograph. pp. 4.

Footnotes

1 "El rey de Ingalaterra ha hecho mucha ynstancia con el rey de francia que oviesse quesido (querido) quexarsse con el papa porque aya inibido en Inglateria que no se proceda en alguna cosa de facto en el matrimonio."
2 "El Papa le replicó que si por parte de la Reyna se ouiesse instado en la causa [lo uviera concedido], que él no podia faltar de proceder à lo que quisiesse la justicia, y con esto quedó este negocio." The words between brackets have been supplied to complete the sense which otherwise would be imperfect.
3 See No. 628.
4 "Que el correo que venia despachado del cardenal Colonna, y truxo las cartas de aqui havrá capitado mal." Capitado from the verb capitar (in Italian, "arrivato, giunto") is not used in Spanish. See above, pp. 49 and 51.
5 "Y porque scriuia [en aquella] que pensaua que la vanedad que haurian (sic) levantado no ternia piez (sic) y se haria hien, con esta doi aviso á Vtn Md."
6 "Pero es necesario que se nos embie una copia auctentica del breve y ahun la relation de la affixion de la nueva citacion que sembió estos dias, entretanto se adreza el Registro para sollicitar la sententia."
7 "Y dixo (el Papa) que creya quel duque de albania lo hazia por que pensava que si alla se viesen que se concertaria tambien lo del rey de inglaterra, y que cree su St. que no le estaria bien."
8 "El qual me lo desvió, y dixo que creia quel duque de Albania lo hasia porque pensava que sy allá se viesen [vuestra Magestad y el Rey de Francia] que se concertaria tambien lo del rey de Inglaterra, y que cree Su St. que no le estaria bien. Y no pudiendo sacar dél otra cosa ni saberlo de otro hasta agora, lo eserivo assy, rudo, porque [Va Magd] sepa esto que acá se sabe. Yo trabajaré en saber lo demas como quier que pienso que desharan el rastre, pues es descubierto.
9 "El Papa está muy determinado en acordarse por quien embió las bullas de la coronation y saber a quien se dieron, y si sera presto sera bien, otramente (sic) yo las sacaré de nuevo."
10 A small town in the province of Cordova and the seat of a commandership of the Order of Santiago, which at this time was the subject of a law-suit between Fabricio Pignatello, the grandson of the duke of Monteleone (Ettore Pignatello) viceroy of Sicily, and Pedro de Urries. Who the Frey Perrin mentioned in this passage may be, and what his claims were to the said commandership, I have been unable to discover.
11 "Vargas ha tomado en este medio dos ó tres lugarejos que se le defendian con unos corsos, y muertos los mas do ellos, que en verdad ha sido buena obra ni los seneses pueden quexarse de ella sin que primero no confiesen su culpa."
12 The same paper translated into Spanish is in Add. MSS. 28,583, fol. 392. The present one is thus indorsed by secretary Idiaquez: "The conditions for the convocation of the Council, as proposed by prothonotary Gambaro in His Holiness' name. The Emperor's answers to each of them, besides the instructions and principal credentials of the Legate." The document itself has no date, and is placed in Bergenroth's volume (the 13th of the collection), Add. 28,584, between the account of the Emperor's debts to the Count Palatine (Frederic) and Garay's letter of the 10th January (No. 59). See catalogue of the MSS. in the Spanish language in the British Museum, vol. ii., p. 601.
13 See above.
14 "Que no se procederia en la causa por muchos dias.
15 "Y por[que] su Santidad me dixo tambien que si venian al pleito, ellos lo pódrian alargar como havian alargado las causas de Romarico monte, y la del conde de Salinas y otras que duran xv y xx años, le respondi," &c. Romaricomonte is the name of an abbey in the kingdom of Naples (?) about which see Sandoval, Hist. del Emperador Carlos V., lib. xix., p. 113. The count of Salinas alluded to in this passage was Don Diego Gomez Sarmiento.
16 "Y que él no queria tomar de ellos, que si de nadie (sic) a de tomar que será del Emperador,"
17 Probably Paris de Puteo, a Neapolitan, whose work "Solennis et utilis tractatus de re militari, ubi tota materia duelli et singularis certaminis noviter compilatus," &c., was first printed at Milan in 1508 folio, though both Dibdin, Bibl. Spenc., vol. vii., and Brunet, Manuel de Libraire, vol. iv., p. 983, mention former editions without date, by Riessinger, of Naples. This treatise, which was much in vogue during the sixteenth century, was translated into Italian under the following title: "Duello, libro de Re, Imperatori, principi, signori, gentilhuomini, &c," Naples 1518, 4to, and Venice, Marchio Sessa, 1525, 8vo. In 1544 a Spanish version appeared at Seville "Libro llamado batalla de dos que trata de batallas particulars de reyes, emperadores, y principes, &c., Dominico de Robertis," folio.
18 Azemila in Spanish is a beast of burthen, a pack horse or mule. It is derived from the Arabic zémila (with the art. az-zémila), which means the camel or beast destined for that purpose. Azemilero Mayor was, therefore, the officer of the King's household, who took care of the baggage department.