Spain
April 1533, 26-31

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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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646-658

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'Spain: April 1533, 26-31', Calendar of State Papers, Spain, Volume 4 Part 2: 1531-1533 (1882), pp. 646-658. URL: http://www.british-history.ac.uk/report.aspx?compid=87779 Date accessed: 21 October 2014.


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April 1533, 26-31

27 April.1062. The Same to the Same.
K. u. K. Haus-
Hof-u.-StaatsArch.
Wien.Rep.P.Fasc.,
c. 228, No. 12.
The last Easter festivals the prior of the Austin friars preached a sermon in which he expressly recommended his audience to offer up prayers for the health and welfare of queen Anne, (fn. 1) at which recommendation the assistants were so astonished, so sorry, and so shocked that almost all left the church in high displeasure and with sad countenances without waiting for the rest of the sermon, which was only half over. At which the King was so much disgusted that he sent word to the Lord Mayor of this city that unless he wished to displease him immensely he must take care that the thing did not happen again; and he gave orders that in future no one should dare speak against his marriage. In virtue of which orders the Lord Mayor caused all the crafts and guilds to assemble in their various halls, and commanded them under pain of incurring the Royal indignation not only to abstain from murmuring about the King's marriage, but to command their own journeymen and servants, and a still more difficult task their own wives, to refrain from speaking disparagingly about the new Queen. But whatever prohibitions he may issue, the King cannot, and will not, prevent people from speaking their minds in secret, and his injunctions will have no other effect than that of completely alienating the hearts of his subjects. The King also four days ago sent another message to queen Katharine forbidding her to retain her title of Queen, or the servants of her household to give it to her. Not satisfied, moreover, with such rude treatment, he has commanded the Princess, his daughter, not to communicate with her mother in writing or otherwise; and although the Princess has since begged and entreated him to appoint some one next her person to give evidence that her messages to her mother are only in reference to her health, and proposing that her own letters and the Queen's may previously pass through the King's hands, her prayers have been completely disregarded. This prohibition (I hear) was read to the Princess the very same day that the King caused his new marriage to be announced to her. Hearing which, she was at first thoughtful, and then, as the very wise person that she is, dissembled as much as she could, and seemed even to rejoice at it. Without alluding in the least to the said marriage, and without communicating with any living soul, immediately after her dinner the Princess set about writing a letter to her father, and upon the bearer of the message asking for a verbal answer, as he had been instructed, she said she had none to give, and referred him to the letter she had just written to her father, of which she would say nothing; on its being shewn to the King I hear he was marvellously content and pleased, praising above all things the wisdom and prudence of the Princess, his daughter.
Having succeeded in the execution of his plans the King wishes now for an investigation and trial of the case, and to this end the Queen has been summoned to appear personally before the archbishop of Canterbury, on the 1st of next month, at an abbey (fn. 2) distant 30 miles from this city, in a lonely spot, which has not been chosen without certain mysterious reasons, the King being afraid that should the proceedings be instituted here in this city, people might talk, and perhaps too make a disturbance, about it. At first the Queen was thrown into great perplexity by this summons, not knowing precisely how to take the thing, but upon my sending her my legal opinion in writing she decided not to take any notice whatever of the summons. For there is, in my opinion, no danger at all for the Queen, whatever the proceedings instituted against her may be, provided she does not renounce or modify expressly or tacitly, or in any other way relinquish the appeal she once made [to Rome], which is what the King and his ministers are cunningly aiming at in various ways; but in order to defeat this scheme of theirs I have purposely drawn out a sort of protest for her to sign, and I sincerely hope that she will not fall into the nets of calumny and wickedness that are being prepared for her.
The duke of Norfolk is getting all things ready to go to France as this king's ambassador. He is to take with him the bishop of London (Stockesley), the abbot of Uvaincaistre (Winchester), the comptroller of the Royal household, Master Brian, Master Brum (Brown), and several others, whose suit will consist of upwards of 100 mounted retainers. A rumour is afloat, though I have yet been unable to trace it to an authentic source, that after negotiating at the court of France one portion of this embassy is to go to Rome, and the other to Your Majesty. Some suspect, and indeed go on saying publicly, that the Pope and the Most Christian king of France are to hold an interview at Avignon or Nice, and that this great embassy is sent for no other purpose than for this king to be invited to the said interview. This report seems to me to be without foundation, and yet considering the great bustle the Duke made with the last courier, who was dispatched to Rome, as I wrote in my last, ordering him to make all possible haste on his journey, and promising to increase his wages by 40 ducats if he went thither and back in 20 days—as he (the Duke) said he could not leave for France until the return of the said courier—there is ample room to conjecture that either the Pope is really to attend the proposed interview, or send some one to France, there to treat with these ambassadors; or else that the Pope himself, and the Most Christian King have been invited by this one to depute persons, who conjointly with the English may go over to Your Majesty and intercede for the divorce case to be decided here in England. All doubts will be cleared up in a few days, when I shall not fail to apprize Your Majesty of the whole, humbly begging in the meantime to be excused if I have been too rash or imprudent in my conjectures.
Preparations are being made here for the Lady's coronation, and it is said that the ceremony will be conducted more sumptuously than on any other like occasion. It is rumoured that on Ascension Day, the day fixed for it, the Lady is to appear magnificently arrayed, no difficult matter for her to accomplish since she is in possession of all the Queen's jewels, and wears them on all occasions: a most strange and unwarrantable proceeding on the part of the King, as people here think that he has actually despoiled his own legitimate Queen of her property to give it to another woman. Certainly if no prompt remedy is applied to such transgressions there is no knowing where the said Lady will stop, as I have lately written to Your Majesty.
Nothing new respecting the affairs of Scotland.—London, 27th April 1533.
Signed: "Eustace Chapuys."
Addressed: "To the Emperor."
French. Holograph mostly in cipher. pp. 5.
27 April.1063. The Same to the Same.
K. u. K. Haus-
Hof-u.-StaatsArch.
Wien. Rep.P.Fasc.,
c. 228, No. 13.
Had the Pope consented, since he would not pronounce sentence in the divorce case, to insert a clause in the Canterbury bulls expressly forbidding the Archbishop to mix himself up with this affair, as I had the honour of acquainting Your Majesty in my despatch of the 7th ult., there can be no doubt that many serious inconveniences might have been avoided. But the Pope preferred acting in his own way, thus giving occasion to the English to repeat what they have all this time been saying, namely: that in the end he (the Pope) would deceive Your Majesty.
The principal, and almost only point, on which rest the remedies, about which I wrote in my two last despatches, is to obtain a definitive sentence, and also full provision for the future, both of which His Holiness cannot well refuse considering he has so often promised to do justice. Everything, therefore, depends upon a quick and sudden decision of the case, of which the Queen herself entertains doubts, for she fears lest His Holiness, through his usual craftiness (son accoustume artifice), in order to please these people, as well as the French, also to keep Your Majesty in suspense and in error, should indefinitely postpone the sentence. Indeed, should His Holiness make up his mind and come to the point there can be no doubt that the sentence must necessarily be favourable to the Queen, even supposing her right not to be as good as it really is, or the words of the sentence to be softened so as not to give offence, if it be true, as many people do affirm, that His Holiness is only trying to keep up the trial until such a time as he can conveniently decide in favour of this king, the former being under the impression that Your Majesty will ultimately acquiesce and that there will be no war between you two. In short, these people, as I have already had the honour to inform Your Majesty, will spare nothing to gain the Pope over to their side, and persuade him at least to delay his decision and dissemble. For this reason it is absolutely necessary to use the utmost diligence in pushing this point. (fn. 3)
I once wrote to Your Majesty that should the definitive sentence be obtained it would be advisable to send here at once some worthy and honourable personage, who might by his courtesy and good manners soften matters instead of embittering them, and remove from this king the impression that we intend to carry the thing by violence (que lon voulsist mener le Roy a cops de baston); for although such expedient in my opinion would no longer be of any use as persuading the King to return to his duty, yet mild and courteous words will always serve our purpose and might the better justify Your Majesty's conduct before God and men, whilst we could afterwards proceed to such measures as might be deemed necessary.
For a long time back, seeing the bad disposition of affairs in this country, I have endeavoured to ascertain what the Queen's intention really is, and what else she proposes doing to escape from this evil (pour y remedier autrement), since it is quite evident that neither by mildness, nor by the ways of justice can the object be attained; but I have always found her so over scrupulous in her affection and respect for the King that she would consider herself irretrievably doomed to everlasting perdition were she to follow any other path that might provoke a war between Your Majesty and this king. However, some days before my writing to Your Majesty the Queen sent me word that she would willingly look out for another remedy to the evil, and that she placed herself entirely in my hands as to what that remedy was to be; but since then I have been unable to hear further from her or know what she really intends doing. (fn. 4)
Since my despatch of the 15th inst. some merchants have again asked me through a third person whether they could send goods from the ports of this country to Flanders in surety. My answer has been that unless something else happens in the meantime to disturb the peace, I saw no danger in their shipping merchandise for the ports of Spain or Flanders, and this for no other reason than the extreme benevolence of Your Majesty towards them. (fn. 5) This same language I have indirectly used to the rest, so that many have already shipped their goods for Flanders, and the remainder are about to follow their example either by necessity or the better to maintain their credit, imagining that if matters become worse they will have time enough to get rid of their goods or transfer them to some other merchant of this place, as the Spaniards have done already, holding themselves in readiness, if war should break out, to quit this country without danger to their property or goods. And I am told that an Italian of this city having reported to the duke of Norfolk on these preparations of the Spanish merchants, that minister was sadly put out and grieved, saying that there was no occasion for such an alarm. True it is that though I have visited the Duke since he has said nothing to me or shewn any displeasure about it.
I forgot to mention in my last that the mission of the herald sent to France had reference principally to the badge and dress of the Order of the Garter, which he was to take to the Grand Master (Montmorency) and to the Admiral of France (Brion). (fn. 6)
Headed: "Paragraphs of a despatch in cipher, from Eustace Chapuys to the Emperor of the 27th April 1533."
French, pp. 3½.
1064. The Points to be considered in the Matrimonial Cause.
S. E. L. 1,457,
ff. 148–52.
B. M. Add. 28,585,
f. 264.
The first point for consideration is this, that the king of England having been married to, and led a matrimonial life with, the Queen for upwards of 18 years, quietly and without scruple, and having had offspring by her, such as the princess (Mary) now living, who ought by all reasons to succeed to the kingdom, procured six years ago a commission from the Pope for cardinals Campeggio and York to proceed to a divorce between himself and his Queen. And upon the latter opposing this step, and asking that the matter should not be discussed and tried in England, as the King wanted, a formal appeal was made in her name at Rome, the Queen insisting upon the causes for the desired divorce being there investigated, and the suit determined in a manner befitting the nature and importance of the affair, and also that in order to obviate very notorious suspicions, the cause should be judged elsewhere than in England; the King, however, insisting on the contrary that the cause should be investigated and determined in that country, or at least out of Rome and Italy, wherever he could conveniently appear personally and defend his own cause.
There has been much dispute and altercation on this last incident to this very day, but after proceeding by contumacy on the principal matter, an excusator appeared on behalf of the King, though without mandate or powers from him, maintaining in his name and in that of the realm that the said cause and matter under discussion should be remitted to England; which point was long debated by one side and the other, and disputed in Consistory, when it was at last resolved that the said excusator could not be admitted without powers from the King, and that failing in this the principal matter should be proceeded with.
Such is the state of the cause at this present moment. The Emperor both before and after he left Spain for Italy, has not failed to recommend the expedition and decision of the said matter, having expressly sent to the Pope several persons for that purpose, and kept in Rome many learned doctors in Theology, and jurists (letrados en derecho), besides writing to the Pope many times about it in his own hand, or through his secretaries, or speaking many a time, and purposely to the legates, nuncios, and other ministers of His Holiness, who have from time to time resided at his court; doing, moreover, all that was thought most conducive to the good issue of the affair, and having besides expressly and in the most affectionate manner commended it to His Holiness the first time that they met at Bologna, and also this last time, when His Holiness most solemnly and expressly promised that setting aside all undue delays and subterfuges he would determine the said cause as contained in the secret treaty [of Barcelona] lately examined in Council.
Besides this, and pending the prosecution and solicitation in the said principal matter certain briefs were obtained from His Holiness in the first instance, and afterwards from him and his cardinals, inhibiting the said king from marrying the said Anna de Bulans (Boleyn). After that other briefs more stringent and severe than those of the said inhibition were made out, ordering the said king at once to separate from the Lady Anna, and treat the Queen, his legitimate wife, with due affection under pain of excommunication and interdict to his kingdom, and other penalties "etiam ipso jure" contained and specified therein. And yet though the briefs themselves have been duly presented to him, and the last of them in particular has been formally executed, the King has not only disobeyed them all, but entirely disregarding the Papal injunctions and the "litis pendentia" has married the said Anna, whom he now treats publicly as his wife after divorcing Katharine, his only legitimate wife, and forbidding her to call and entitle herself queen.
Upon which it seems necessary to look into the case and consider what course of action is to be pursued by the Emperor in a matter of such importance as this, he being the prince in Christendom most closely related to queen Katharine, and at the same time bound to take action in it out of the goodwill and affection that the said Queen, his aunt, has always professed him, and also because the affair itself is so scandalous and so great an offence against our Faith, and the authority of Mother Church.
Matters being in this state the three following expedients are proposed as a remedy. First, the prosecution of legal terms; second, force; and third, force and law conjointly: on all which points, and on each of them in particular, certain difficulties present themselves.
The first expedient, namely, proceeding by law or "justice," might appear to be the best and most desirable considering that legal terms have already been resorted to, and especially because the nature and quality of the affair is essentially spiritual and exclusively concerns conscience. A declaration of which seems to be convenient and even necessary, not so much perhaps on account of the said Queen and the preservation of her rights, as for the upholding of those of the Princess, who is the King's legitimate daughter in marriage, and has her title to the succession settled and declared, since the one and the other. have been so notoriously and openly revoked and put in doubt, the decision and settlement of this affair, which is wholly spiritual, belongs by right to our very Holy Father the Pope. But in this cause two principal difficulties arise among others that might be mentioned; one is that the king of England and his kingdom refuse to recognize the said legal procedure owing principally to the deliberations and convocations lately held in the said kingdom; the other that in reality the Pope has always been, and is still, very cold and indifferent in this matter and most tolerant with regard to the English king, and besides that during the prosecution of the trial the Queen and the Princess might be ill-treated, and perhaps too in danger of their lives. (fn. 7)
The second means, which is that of sheer force, is fraught with a danger which anyone who takes into account present circumstances, and the state of Christendom, and the alliances, which the king of England might make, can understand. To begin an aggression would be a manifest danger and venture for the whole of Christendom, and more particularly for the Emperor and his kingdoms and vassals everywhere, for it must be borne in mind that although the aforesaid king of England has actually married Anna de Bulans, he has not yet proceeded against the Queen by force or violence, nor has he acted against the Emperor, her nephew, in a manner to call forth the said aggression. Things being as they are, unless the King contravenes the articles of the peace renewed with him, and last settled at Cambray after the commencement of the said divorce suit at Rome,—though the Emperor stands under great obligations to the said Queen in this affair, both as prince and relative, and this matter touches the authority of our Holy Mother Church,—yet this business being a private one, His Imperial Majesty must weigh and consider what he owes to the public welfare, and how he can avoid greater inconveniences.
The third means, namely, to combine force with justice, is likewise subject in part to the above considerations, and if adopted can only be expedient in helping on the execution of the sentence, whatever that may be. When the Pope with his Holy Apostolic See has pronounced sentence, and provided ecclesiastical remedies [to the evil]; when things have gone so far as for him to invoke the secular arm of princes—in which all those who are good Christians and fear God are obliged to co-operate—then in that case the Emperor, as the greatest prince in Christendom, will be bound to put himself at the head of the enterprize, and uphold and defend the authority as well as the jurisdiction of our Holy Father. Should this third and last expedient be considered preferable to the other two, then in that case it would be advisable to consider first what steps ought to be taken about His Holiness, and whether the Emperor ought to send an ambassador to Rome expressly for that purpose, taking into account the importance and quality of the affair, or whether the whole of it ought not to be committed to the count of Cifuentes (Don Fernando de Sylva), the Imperial ambassador at Rome, sending him instructions of what he is to do.
Whether it ought to be proposed by the Queen's counsel at Rome to have the principal matter and its sentence prosecuted as it was commenced, and insist on the revocation (fn. 8) of the acts attempted during and in contempt of the "litis pendentia," and ask that the Queen may again be put in possession of her matrimonial rights, since it is notorious that she has been forcibly deprived of them.
Should it be found more convenient to prosecute the affair till sentence is obtained, it should be settled beforehand whether the execution of the inhibitive and penal briefs conjointly with the interdict of this kindom, in the case therein specified, is to be enforced, the said case being realized, by the King's marrying the said Anna de Boulans; or whether it would be better and more convenient to avoid for the present such harsh measures, which might perchance be made a pretence for war, or at least would put a stop to all intercourse and trade between the Emperor's dominions and England, and only to insist on the aggravation of the said censures, and on the multiplication of the pains to be incurred, even to the deprivation of the Royal dignity, and of all the titles and privileges which the said king of England may hold from the Church and the Holy Apostolic See.
Whether the protest ought to be renewed, or a fresh one entered into at Rome, to the effect that neither the Queen nor her daughter, the Princess, conjointly or separately will tacitly or expressly grant or consent to anything prejudicial to their own respective rights, especially to those of the said Princess as affected by the new marriage, should the said Anna bear children, or whether the entering of the protest should be left for another opportunity.
Whether the Queen's counsellors at Rome ought not to propose that a summation and public requisition, or otherwise be made to the Pope, and even to the Consistory of Cardinals purporting that considering the trial has commenced, and the King has committed himself this act (via de hecho) in which he perseveres and indeed goes every day from bad to worse (de mal en peor) in contempt of Apostolic authority, and of our Holy Mother Church, to the great scandal of Christendom, and to the Queen's great injury, the said Pope and Consistory be urged to declare that justice is in favour of the said Queen, and to provide for its enforcement. And whether it will be advisable to protest against what is now being done in England by the archbishop of Canterbury and other ecclesiastical and civil judges in opposition to, and to the prejudice of the said litis pendentia.
Whether the king of the Romans (Ferdinand) and the king of Portugal (João) ought not, being such near relatives, to write or send embassies to His Holiness in favour and commendation of the said Queen and her rights.
Item.—Whether the said king of the Romans ought not to get the electors and princes of the Empire also to write on the same business, since not only the said electors and princes of Germany, but even the lords of more distant countries unanimously blame and detest the divorce, which the king of England desires to carry out.
Should the Pope insist upon knowing beforehand what His Imperial Majesty purposes doing to enforce the execution of the said sentence, and of the pains declared in the briefs, as he has often asked count of Cifuentes, it will be necessary to ascertain whether his request is to be complied with, or whether it will be sufficient for the present to tell him that justice must needs be done in fulfilment of his own duty towards God and the world and the preservation of his own Apostolic authority, and whether all this as well the declaration of the course demanded by justice, and every other remedy ought not to precede the use of the secular arm. This His Holiness ought not, and cannot omit for many a reason.
His Holiness may be certain that things having come to such a pass the Emperor will not fail to adopt any measures considered expedient (convenible) or possible for the execution and observance of the said sentence, as a good Christian prince, and most obedient son of the Universal Church that he is. But such a promise before the sentence is actually given will arouse suspicion on the other side, and be a pretence to say that the execution was treated of before knowing the certainty of the sentence. (fn. 9)
What course should be adopted respecting the person of the Queen, and whether she ought to be advised to remain in England in order to preserve always, and as long as possible, the favour and affection of the vassals and subjects of the kingdom—a thing which is very important for bringing the King to reason, either through remorse or repentance of his sins, or perhaps also through annoyance or tediousness caused by the said Anna, or again through fear of his own subjects—whether in the case of the Queen abandoning England things might come to such a pass that it would no longer be possible to dissemble without risking severe retaliation from Your Imperial Majesty, his brother, the king of the Romans, and other princes closely related to the said Queen—are matters very much open to consideration. Whether by remaining in England the Queen might be exposed to manifest danger and contingencies, and if so what she herself ought to do as regards the divorce case, and for the preservation of her own rights and those of the Princess, her daughter, should the King, impelled by the said Anna, attempt to send her away from his kingdom are also, as His Majesty cannot fail to see, extremely arduous points.
Lastly, whether it would be advisable to send a person expressly to England, or instruct the Imperial ambassador there residing to make such appeals to the King as may appear most conducive to bring him over to a sense of his duty to the Queen, without, however, driving things to extremity, or exasperating him, so that the Queen and the Princess may not be treated with greater rigour, and that the latter may not fall into the hands of the said Anna, a contingency to which she seems to be exposed according to despatches received from Chapuys; or whether it will be sufficient to write a letter to the said ambassador, and inform him of the resolution in this respect, that he may admonish and remonstrate with the King in virtue of the credentials that are now being prepared for him.
Whether the king of France ought also to be written to, or a person sent expressly to him concerning this matter, or whether it will be sufficient to address the Imperial ambassador residing at his court. In either case what ought to be the nature of the communication or instructions, and what ought to be said to the King and to the Queen of France on the subject, that she, as so close a relative of queen Katharine, may be induced to persuade the King, her husband, to do whatever may be in favour of the Queen, her aunt.
In what way the queen of Hungary, regent and governess of Flanders and the Low Countries (las tierras de allá), ought to bear herself towards the king of England and his subjects in the event of a rupture, and what instructions ought to be sent on this particular point to the said queen of Hungary (Mary), to whom the queen of England and the said ambassador (Eustace Chapuys) often apply.
Spanish. Original draft, pp. 9.
1065. Opinion of a Privy Councillor (fn. 10) on the Matrimonial Cause.
S. E. L. 1,457,
f. 152.
B. M. Add. 28,585,
f. 152.
Of the three means proposed in the above report, namely: first law, second force, and third force combined with law, it would seem that the first of all is most convenient and needful under present circumstances. It ought to be pursued in all possible ways. Although it may be supposed that the king of England and his kingdom will not submit to the dictates of justice, especially after the statutes and ordinances lately promulgated, justice once legally declared it will be seen what is to be done next. Every effort should, therefore, be made to induce His Holiness to determine the case as soon as possible, but in the meantime it would be well to consider what measures ought to be taken for the safety of the Queen and Princess.
The second means, that of force, might be suspended for the present, owing to the reasons alleged in the enclosed "consulta," and particularly owing to the obligation under which His Majesty stands of attending to the welfare of Christendom, and avoiding the grave inconveniences that might result therefrom, and particularly to His Majesty's kingdoms and vassals; for although the Emperor is bound in so many ways, this one may be considered as principal and personal, for as the "consulta" says: though the king of England has taken a second wife, yet he has not proceeded by force or violence against the Queen, nor has he done any act against His Imperial Majesty to contravene the capitulation of the peace signed at Cambray, at a time when the divorce suit had already commenced, and the case was pending.
The third means proposed, which is force and justice combined, seems the most acceptable. The sentence once pronounced it will be seen how the execution of it is to be carried out.
Should His Majesty adopt the first of these means as the most expedient to ensure justice in a case so important—and that with the least delay possible, owing to this event of the King's new marriage—it seems advisable that Your Majesty send to Rome a person well qualified for the task, and at the same time of rank, with a holograph letter to the Pope and all possible reserve, who conjointly with the count of Cifuentes, and assisted by all the Imperial servants at Rome, may take on himself the task of promoting the sentence.
The Queen's counsel in that city ought at once to propose the prosecution and determination of the principal matter, or insist at least upon the revocation of all things attempted during the "litis pendentia," or that the Queen be remitted (remitida). It is for the counsel and lawyers to consider what is most convenient, whether both things can be accomplished, and whether one thing does not impede the other. At any rate it seems advisable that the action of the prohibitory and penal briefs should be continued; if justice is to be prosecuted in the main it seems as if rigour could be for the present suspended, yet proceeding to the aggravation of the censures and multiplication of the pains until the final deprivation [of the kingdom].
The protest in the Queen's and Princess' name should be entered now immediately if it is thought that by delaying it their rights might run some risk.
The suggestion made in the above "Consulta" respecting certain proposals to be made to the Pope and to the cardinals in consistory respecting the declaration of justice, and protest against what is being done in England seems likewise acceptable, as well as that of the kings of the Romans (Ferdinand) and of Portugal (João), as the Emperor's near relatives, sending embassies, or writing to His Holiness in favour of the Queen and for the protection of her rights.
Also for the said king of the Romans to try and persuade the electors and princes of the Empire to help in the affair, although the King might, if he considered it proper, only speak or write to those whom he knew to be well disposed.
Should the Pope insist, as no doubt he will, on ascertaining first what measures Your Majesty is prepared to take for the execution of the sentence, the advice given in the report (consulta) appears to me very good, namely: to urge the Pope to do justice and pronounce sentence without further delay, promising that when the sentence comes to be executed Your Majesty shall not be found deficient in those duties and obligations which as a good prince and obedient son of the Church devolve upon you, namely: of having His Holiness' mandates and prescriptions carried into effect.
With regard to the Queen, and the measures to be adopted for her personal safety, it would seem as if for the present it would be best for her to remain in England. The causes given for her stay are worthy of consideration, for certainly her staying in the country might be of use, whereas if she were to leave it would be impossible to dissemble any longer and a rupture would be inevitable. Should, however, her person be in danger every precaution necessary to insure her safety ought to be taken.
If the King attempted to exile her from England the thing could not be done without Your Majesty's knowing it beforehand, in which case, and the whole affair being further advanced, it will then be time enough to consider what is to be done for her protection.
Respecting the person to be dispatched to England that he may in union with the Imperial ambassador (Eustace Chapuys) remonstrate with the King as may seem most fit, and prevent matters from becoming worse than they are, as is said in the report, that is a thing which in my opinion cannot possibly be avoided; the King ought to be addressed privately by means of credential letters delivered to an extraordinary ambassador. (fn. 11)
Whoever goes to England might pass through France, and after delivering his embassy, the remainder could remain at the ambassador's charge.
With regard to Flanders, if the ways of justice are followed, the Queen ought to continue as heretofore, especially if nothing new should happen in England. She ought to be kept well informed of whatever is being done for her sake that she may according to circumstances act as is most convenient, always taking care that her complaint and protestations be properly kept up against anything that might happen. (fn. 12)
Spanish. Original draft, pp. 5.

Footnotes

1 "Recommenda nommemant et bien expressemant que lon deust prier pour lestat et salut de la royne Anne."
2 St. Peter's priory at Dunstable.
3 "Car venant a icelle definision il ne fault avoer doubte que la sentence sera en faveur de la Royne, ores quelle neust si bon droit, la menagcant, au moings sil est vray ce que plusieurs disent que Sa Sainctete ne tasche que de tenir le proces en discussion, saichant que sil la bailloit en faveur du Roy vostre maieste y acquiesceroit, et ne seroit question de guerre. Ceux-cy, comme jay deuant escript a vostre maieste, ne epargneront chose de ce monde pour gaigner le pape pour au moings, si mieulx ne peuvent, luy fere dilater et dissimuler laffere, pour quoy sera necessayre que vostre maieste face faire extreme diligence et poursuite."
4 "De long temps voiant le male disposition des affaires dicy taschay de sçavoer lentencion de la Royne pour y remedier autrement, puis que par doulceur et voye de justice ny avoit ordre; mais elle est si scrupuleuse et a si grand respect et affection au Roy quelle penseroit estre dampnee irremisiblement celle (si elle) avoit [a] prendre quelque chemin tendant a la guerre. Quoy voyant, sire, ung peu avant quescripvisse a vostre maieste elle me respondist quelle desiroit bien aultre remede, toutesfoys quelle sen rappointoit (rappourtoit?) a moy; autres particularite ne ouverture nay encoires peu avoir dicelle."
5 "Veu mesmes la singuliere benivolence que vostre mate. leur pourtoit a tous."
6 If a note on the dorse of this despatch in a contemporary hand be correct the above are paragraphs omitted in Chapuys' despatch of the same date (No. 1062), and ought to be inserted immediately before the one beginning "The duke of Norfolk, &c.," page 647.
7 "Y demas que durante la prosecucion de la dicha justiçia la dicha Reyna y princesa podrian ser mal, y por aventura peligrosamente tratadas."
8 "Si se deura (sic) proponer por sus consejeros de la Reyna en Roma de proseguir la materia principal, y determinacion della como está començada prealablemente ó para persistir en la revocacion," &c.
9 "Mas en esto, antes de la sentencia dada seria cosa escrupulosa y de donde la otra parte podria tomar achaque de suspicion de haber tratado de la execucion antes de saber la certitud de la sentencia."
10 Most likely of Granvelle (Nicolas Perrenot). Both this "consulta" and the preceding must have been prepared before the departure of Rodrigo Davalos to Rome. The title is: "Los puntos que salvo mejor parecer se podran consultar sobre el negocio de la Reyna de Inglaterra, atento que el Rey, su marido, se ha alienado del todo del casamiento de entrél y la dicha Reyna, y de hecho se ha casado con Anna de Bulans, y la tiene publicamente por mujer."
11 On the margin of this paragraph proposing the mission of an extraordinary envoy the word NO is written in the Emperor's hand.
12 Let a letter be addressed to the King blaming his conduct in this particular instance, and entreating him to look at this matter with compunction (piedad), since he is known to have said once to the ambassador that he thought he was wrong in what he attempted, and our ambassador advised him not to do it. The Spanish is as follows: "Que se scriva al Rey afeandole este caso y que lo mire con piedad, porque el [Rey] dixo al embaxador en cierta ocasion que asi le avia parescido, y avia [este] aconsejado al Rey que no lo hiciesse."