May 1543, 11-20


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'Spain: May 1543, 11-20', Calendar of State Papers, Spain, Volume 6 Part 2: 1542-1543 (1895), pp. 326-341. URL: Date accessed: 18 April 2014. Add to my bookshelf


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May 1543, 11-20

12 May.137. Eustace Chapuys to the Queen.
Wien, Imp. Arch.
Corresp. Engl., 11.
"Madame,"—Your Majesty's letter of the 1st inst. came to hand a few days ago, and since then, on the 11th, that which Your Majesty caused to be addressed to me in date of the 6th. This king being now much engaged with business of all kinds, and chiefly with the closure of Parliament, I have hitherto been unable to communicate with him or with his privy councillors. Yet I must say, that after appointing a day of these present festivities for an audience, he sent me the kindest of messages to say that he wishes very much to see me, and intends to receive me at Hampton Court. (fn. 1) Meanwhile, he has sent to ask me to recommend to Your Majesty that his subjects may be exempted from the duty of one per cent. on all English goods imported into Flanders and the Low Countries, and although I made at first some difficulty to write to Your Majesty concerning that affair, until I had fully demonstrated to this king and to his privy councillors the immense importance and convenience of that fiscal measure, the messenger sent by the King on this occasion pressed me so hard that I could not help promising to do so, and to recommend to Your Majesty the exemption applied for; at the same time hinting that, in my opinion, there would be no difficulty on Your Majesty's part, provided the English traders with Flanders behaved liberally, and paid a larger sum than that to which the duty was calculated to amount. Should that be done, it will please the King, and all those here who trade with the Low Countries, who are moreover daily offering their services, and saying that should Your Majesty want money, they will lend You any amount on better terms than other nations. That is why I would beg Your Majesty to attend to their request. Expecting, as I do, in two or three days to write to Your Majesty more fully the news of this country, and what has been decided respecting the duty, I will end this letter.—London, 12 May 1543.
Signed: "Eustace Chapuys."
French. Original. pp. 2.
11 May.138. The Queen of Hungary to Eustace Chapuys.
Wien, Imp. Arch.
Corresp. Engl., 9.
"Monsieur I'Ambassadeur,"—My letter of the 7th inst. was for the purpose of informing you of the truce concluded between Mr. de Granvelle, in the Emperor's name, (fn. 2) and the deputies of Clèves at Nüremberg, on the 28th ult., which truce the Duke was to ratify before the 10th inst. But though the instrument was then and there sealed with the ducal seal [of Burgundy], and was besides signed by the deputies of the States of the Empire, and by those of the Duke himself, five of his chief councillors, all of whom had promised that their master would without fail sincerely and completely ratify the same—yet at the present hour no ratification has come from the Duke, who, as his deputies have informed Us in writing, has refused to approve of it. The enclosed copy of the deputies' report to the Duke, and of their letter to Us, received at Maëstricht on the 10th inst., about eight o'clock of the afternoon, will inform you of the Duke's refusal, as well as of his dishonourable and unfaithful behaviour on this occasion; since, without any sort of regard for the Imperial dignity, with which he has contracted, nor for the States of the Empire, at whose request and interposition the said truce was granted, nor, indeed, for his own honour and reputation, he has resolutely contravened a treaty sealed with his own ducal seal, and signed by five of his principal councillors sufficiently empowered to treat of it!! We cannot imagine what sort of excuse the duke of Clèves can, and will, offer to the States of the Empire, which must naturally resent the outrage done to their supreme authority; but of this We are fully convinced, namely, that the whole affair will turn out in the end to the Emperor's advantage and the success of his affairs in Germany, for We find that the Duke, since his visit to France, has become such an adept in French manners and ways, that he will soon surpass the people of that country in intrigue, calumny and unfaithful dealing, so that it will be impossible in future to believe in any promises or engagements of his, or of his deputies in his name. The king of England will no longer attach faith to the reports of those who tried to persuade him that the duke of Clèves had no other wish than to come to terms with His Imperial Majesty, but that the conditions offered to him were quite inadmissible.
Long ago We were under the impression that no reliance could be placed on the Duke's promises, and that if he seemed desirous of coming to terms with the Emperor, it was merely for the purpose of gaining time. We are now fully convinced of this; We firmly believe that unless We have a sufficient pledge in Our hands, it will be imprudent to treat with him, since whatever oaths he may take no reliance can be placed on his words or promises. The Duke has been, and is still, in the habit of making for his own justification great complaints as well as honourable offers with the sole view of by that means deceiving and abusing the World. We trust, however, that in the end everyone will know what the Duke's unfaithfulness is, and what amount of reliance is to be placed on him.
You, Chapuys, will do well whenever an opportunity offers, to make that king understand, in the most gracious terms possible, how very unreasonable the Duke has been, and is, and try to remove from his mind the strange idea—very contrary, indeed, to Our sentiments and convictions—that the Duke did not come to reasonable terms with the Emperor on account of Us. You will tell him that if We had not guessed beforehand what would probably happen, owing to the Duke's condition and temper, We would willingly have accepted the interview offered by him. We request you again to answer Our letter of the 1st inst.
The English ambassadors, We hear, have crossed the Channel, but have not yet arrived here. We have sent the sieur de Joetelande to receive them.—[Maëstricht], 11 May 1543.
Indorsed: "To the Emperor's ambassador in England."
French. Original draft pp. 2½.
17 May. 139. Eustace Chapuys to the Queen of Hungary.
Wien, Imp. Arch.
Corresp. Engl., 11.
"Madame,"—On the 11th inst. Your Majesty's letter of the 1st came to hand, two or three days after I received that of the 7th: the King being then very much engaged with sundry government affairs, and with the closing of Parliament, I could not then communicate to him or to his Privy Council the contents of the said letters, besides which a message came from the King himself, begging me to put off my visit until after the festivities, when he would be more disengaged and have time and leisure to speak to me. He wished very much (said the messenger) to talk to me of certain affairs, and would see that I was well lodged (vouloit estre mon fourrier) at Hampton Court. As I was, however, preparing to go thither for the said festivities, I was suddenly seized with a nasty cold (flux), which confined me to the house for four consecutive days without my being able to stir out of doors. I would willingly have gone to Court to-day, had I not thought that the King might perhaps prefer seeing me on Sunday. I, therefore, sent to ask when it would be agreeable and convenient for him to see me. I expect the messenger back in a couple of hours, and, according as the answer may be, will either depart for Hampton Court immediately, or postpone my visit till next Sunday.
Meanwhile, and that your Majesty be not disappointed or annoyed by the delay and the want of news from this country, I sit down to write this letter, were it for no other purpose than to send back one of the two couriers now here, lest he should be wanted on that side of the Channel.
Respecting the first paragraph of the letter of the 1st May, giving an account of the battle of Zitard (Sittart), I shall conform entirely with your Majesty's instructions. (fn. 3) With regard to the second, it would be, in my opinion, very desirable that the King should tell us his mind more openly than he has done hitherto on certain particulars, but though I have missed no opportunity of inducing him to be frank, I have always found him more or less impracticable on that point. Indeed, the little he told me the last time I saw him was said, as there is every reason to conjecture, unwillingly, and as if he did much dislike to be interrogated on such matters. That is why I then refrained from going deeper into the question, lest he should get angry and his good will towards us should abate. I thought it far preferable not to touch at all on certain details until he himself had incurred considerable expenses in warlike preparations, for then, in my opinion, rather than lose the money already laid out, he would be more amenable to reason. (fn. 4) However that may be, there can be no doubt that on the two chief points the King has been open and explicit enough; he wishes the invasion of French territory to take place at the appointed time and season, and he wishes also that it be undertaken separately, as I have already stated in two of my last despatches. (fn. 5) True is it (if Your Majesty wishes to know my opinion in this matter) that it seems to me as if these people were not so active and earnest in their military preparations as they ought to be, for, although the privy councillors keep saying and assuring me daily that men and provisions will soon be sent across the Channel, though twelve days ago they even begged me to write and ask for four or five hulks (huez) for the transport of ammunition and artillery to Calais, yet I see no real signs of their getting ready for the enterprize. There is still another matter which might possibly mar, or at least delay, the undertaking, namely, that the Scotch, as it appears, refuse to deliver the Princess (Mary) within the term of two years, as this king demands, but only when she has attained the age of ten, and that the Scotch not only regret the alliance and confederacy of this country, but will not renounce altogether the treaties they have with France, wishing to remain, as they say, neutral for the present, with option to decide for the one or the other of the belligerents, as may please them. This King then, on the other hand, would rather go to war now than wait for the accomplishment of his political views in that respect, for fear the Scotch should, in the meantime, procure friends, ammunition, and other necessaries of war elsewhere. I think, nevertheless, that the King will not decide on war for many mighty considerations which I shall not fail to submit to him whenever I find a fit opportunity for it; besides which I do not think he can possibly attend at the same time to the two wars, that of Scotland and that of France. At any rate, should I perceive that he still insists upon declaring war on the Scots, I will most certainly remonstrate, and show him the danger of a collision with Scotland at this juncture; and if I cannot dissuade him, will ask him to contribute half the Emperor's expenses in the war against France. However this may be, I will take care that Your Majesty be informed as soon as possible of his intentions in the matter, as well as of his final declaration on the two important points mentioned in Your letters, without omitting to interrogate him on a third one, no less important, of which I will speak hereafter.
With regard to the assistance to be furnished by the Low Countries of 2,000 horse and 2,000 infantry, in case of a common invasion of French territory, not otherwise, the point has been so expressly mentioned in the treaty that I am really astonished at Your Majesty's councillors making a difficulty about it. (fn. 6) Your Majesty, it is true, will not be obliged to help with that number of men against the Scots—though this king, no doubt out of gratitude for the promise we made to him by the treaty of Windsor respecting his pensions from France, (fn. 7) has many a time tried to make it obligatory in any case; but on the other hand, Your Majesty is bound, in case of an invasion of France by the allied armies, to furnish the above-mentioned contingent.
Respecting provisions, I have already written that this king intends sending to Calais what may be deemed necessary for the support of his troops; and besides that, as the English army will not operate far away from the coast, it will be easy for the English fleet in the Channel to furnish provisions, ammunition, and so forth, when wanted.
As to any delay in fitting out the fleet (navieres), I see no danger at all; I feel confident that it will be ready to put to sea at the time fixed upon.
As to requesting the King to bestow his assistance according to the letter of the treaty, Your Majesty may, if You please, address him on the subject; but I see no necessity for it, inasmuch as the King, before next Sunday, will certainly swear to and ratify the treaty. He heard with great pleasure and contentment that His Imperial Majesty had already done the same—which news came on Ascension Day, by one of the messengers he himself sent with the treaty, though of the other courier, or of my own man, nothing is yet known. I shall, however, not fail to mention the assistance, and request him also to give up at once the duke of Clèves and his subjects, and declare himself their enemy, to which, I daresay, he will be more inclined now that he has witnessed the Duke's malignity and dishonesty in refusing to observe the truce, as Your Majesty has been pleased to inform me.
Respecting the duty of 1%, I shall try all manner of arguments to persuade these people of its expediency under present circumstances.
With regard to the wine, the King founds his refusal of the pass or licence on the ground that the application seems to have come entirely from foreign merchants having importuned Your Majesty under false pretences, and likewise because he finds that a considerable sum of money will thus pass into the hands of the French, our common enemies. He still alleges another reason, which is, that a number of his own subjects who, with his permission, have fitted out privateer vessels against the French, in order to recover the losses they have sustained at their hands, will naturally be displeased at the grant of such licences to export. He (the King) does not pretend to say that French goods cannot go out of Flanders; what he wants to avoid is their being transported in vessels belonging to other nations, so much so that when the other day his war-ships at sea captured three or four Portuguese vessels, chartered by the Whyciardini (Guicciardini) and bound for France, where they were to lade wine and biscuit (pastels), the moment he (the King) heard of it, he caused them to be released. As the King was then on the eve of declaring war against France, and he believes that the merchants of Flanders will be able to procure other vessels than the French, I do not see the necessity of pressing him more on the subject. Yet according to what I may hear from the correspondence of the merchants themselves, if I see the opportunity, I shall not fail to speak to this king's ministers about it.
Out of the three Scotch ambassadors who were here, two have left, and from hour to hour one earl, and the brother of the earl of Douglas, (fn. 8) are expected to come in representation of the Scotch Parliament. The Cardinal [of St. Andrew's] has been liberated from prison, and remains in his archbishopric (benefice) without going to Court. He has many a time wished to speak to the ambassador this king has there, in order to exculpate himself from the charge brought against him of opposing this king's views; but in order not to lay himself open to suspicion from the men now governing Scotland, and who follow this king's party, he has not been allowed to communicate with the English ambassador.
I hear, moreover, that certain ambassadors from France have arrived in Scotland, and with them the nephew of the late Mons. d'Aubigny, who in France has the command of 50 lances, and pretends to belong to the house of the Stuarts. If so, with the help of the Cardinal and ecclesiastical party—very strong in Scotland—he may cause annoyance to the governors, who just now, as I have been told, in order to diminish and undermine the power and influence of the ecclesiastics, are allowing preachers all over the land to speak in favour of the new sects.
The duke Philip of Bavaria arrived here ten or twelve days ago. The King and his Privy Council were very much astonished at his coming, and also at his having resided in London so many days without their being aware of it. The Duke spoke to the King on Tuesday last at his coming from mass. He had a long parley with him, and was pretty well received, as well as a count he has with him, and who, with four or five more servants, constitute all his suite. Two Italian captains, one of whom is count of Saint Boniface, have also arrived; having quitted the service of France, they have come to offer theirs to this king.
A week ago two of this king's ships captured a French one bound to Scotland with a cargo of wine. Very luckily the English were not far from each other, otherwise the French might have captured the one who attacked them first, unless the other had come up to the rescue. For a long time so stout a defence was made by the French ship against the English two, that out of the thirty men who composed her crew, no less than eighteen were slain and the remainder dangerously wounded, as not one of them would surrender; at which the French ambassador here has shown, as may be imagined, great discontent, and had he not been rather unwell at the time, would have gone to the King to complain.—London, 17 April (fn. 9) 1543.
Signed: "Eustace Chapuys."
French. Almost entirely in cipher. pp. 5.
29 May.140. Eustace Chapuys to the Emperor.
Wien, Imp. Arch.
Corresp. Engl., 11.
"Sire,"—Some time ago Your Imperial Majesty's letter of the 12th April, by way of Flanders, came to hand. (fn. 10) Since then my secretary has brought me the duplicate of the same, together with the powers therein mentioned, in virtue of which, the day before yesterday, that is, on the 29th inst., the ratification was passed and the oaths were taken with the very same words, writings, and solemnities which passed at the ratification of the treaty by Your Imperial Majesty, all of which will appear from the papers and documents, which I will, in pursuance of Your Majesty's orders, forward immediately to the Queen dowager, regent in Flanders, as well as the treaty itself, signed by Your Majesty and sealed with your grand seal.
With respect to the mutual pretensions and disputed points, not specified in the treaty, this king has been glad to accept those contained in Your Majesty's letter, and likewise those which Mr. de Granvelle has since added and pointed out, as appears from the copy of his instructions to me, which the Imperial king-at-arms brought here. This king fancies that it will be better for Your Majesty to declare war in writing by means of the king-at-arms, as if it were a continuation and sequence of that which is now being carried on between the Empire and the French, rather than have recourse to a fresh challenge and defiance.
As to getting from this king his express and specific declaration that the two dukes of Holstein and Clèves are henceforth to be considered as common enemies, the Privy Council's advice and desire has been that I should for a time refrain from pressing them in that particular, inasmuch as the declaration of war against France once made, and hostilities having begun, they say that the King, their master, will do more willingly and with greater pleasure what we demand of him, though, as the councillors themselves affirm, there is no necessity whatever of such a declaration, since the two dukes are evidently and notoriously comprised in the general article of the treaty announcing the common enemies of both Emperor and King. If I may say what I think of this matter it strikes me that this king's wish is, owing to some complaint or other of his own, to send first the said dukes notice that they must not offend or displease Your Majesty, or else he will be obliged to make the declaration demanded of him. (fn. 11)
Respecting the invasion in common of French territory, Your Imperial Majesty must have already learnt what this king's intentions and wishes are as to that, for I have repeatedly written to Mr. de Granvelle on the subject. For the present I cannot say more than refer Your Imperial Majesty to the enclosed copy of my letter to the queen Regent.
The Cardinal's release from prison and other events in Scotland must likewise have reached Your Majesty's ears. Nothing new worthy of mention has occurred in that country since my last despatch, except perhaps the few details contained in the enclosed copy of my letter to the Queen. (fn. 12) —London, 29 May 1543.
Signed: "Eustace Chapuys."
Indorsed: "From the ambassador in England," of the 29th of May. Received at Cremona the 15th of June.
French, Holograph. pp. 2.
20 May.141. The Same to the Same.
Wien, Imp. Arch.
Corresp. Engl., 9.
"Madame,"—Yesterday on my arrival here [at Hampton Court] I met near the royal palace the King, who received me most graciously. (fn. 13) This morning, as he was going to mass, he again commenced to greet me with such thorough cordiality that nothing more could be desired on his part, (fn. 13) at the same time shewing great satisfaction and joy at the kind reception of his ambassadors by Your Majesty. As it was then nearly 11 o'clock, and the King had not yet heard mass, as he had, moreover, to receive the Scotch ambassadors, who, as I wrote in my last despatch, had only arrived in this city a few days before, I would not speak long to him of our political affairs in common. Yet, not to lose altogether the opportunity, I touched on the most substantial points, such as the breaking of the truce by the duke of Clèves, whom the King at once begun to abuse and blame, calling his conduct abominable, and saying that the Duke must have been out of his senses, and that he had lost all honor and credit on the occasion. (fn. 14) And upon my remarking that the Duke would have soon to repent of his inconsiderate behaviour, for I had no doubt that he (the King) would no longer defend him, but would, on the contrary, declare him his enemy, he suddenly replied to me that if I chose he would immediately send for the Duke's agent, and tell him in my very presence the great error his master had committed in thus breaking the truce with the Emperor, and at once declare him the enemy of both. The King said more; he told me that if I chose and approved of it, he would despatch an express messenger to the Duke, summoning him in the strongest terms to keep to the truce, and saying that if he did not, he would henceforwards consider him as his enemy.
Doubting whether His Imperial Majesty would not prefer matters to remain as they are than otherwise, and fearing lest the King, who had hitherto taken the lead in this affair, should be sorry at his losing the chance of becoming, as it were, the arbiter of it, I did not press him to adopt either one of the measures proposed, but contented myself with saying that I would refer the matter to the Privy Council.
And so it was arranged, for on the afternoon of the same day the archbishop of Canterbury, the duke of Norfolk, the bishop of Winchester, and secretary Wristley (Wriothesley), called on me, and I made them understand, as graciously as I could, that the King, their master, would do well to summon to his presence the Duke's agent, and speak to him about the affair, but that I myself should not dare to advise such a step without having first received Your Majesty's instructions, and that I fully intended to consult You by the first post.
The above-mentioned personages declared more definitely and expressly than the King himself had done to me in the morning, that their master desired above all things that his heralds should go to France and declare war to king Francis. He particularly wished that to be done before Mr. du Rœulx withdrew from the field into winter quarters, in order that the captain (governor) of Guisnes might join him with 2,500 archers of the garrison of that place, and with all the cavalry he has already received from England, and that which will shortly join him under the command of Mr. de Chenay, (fn. 15) and that in the event of the said Mr. du Rœulx having to retreat before the French, as he was most likely to do, he (the King) was of opinion that his forces ought to join those under Mr. du Rœulx, and together invade the county of Arthois, where, if necessary, he himself would be in a situation to help the enterprize. "That is why (said the privy councillors) the King, our master, desires before all things that the heralds should be sent out at once."
After this, the King's deputies begged me in the King's name to write to Your Majesty for Toison d'Or to be despatched forthwith, and an immediate answer to be returned on the subject without waiting for the memorandum respecting the challenge, and the form and manner of the defiance, which Mr. de Granvelle promised to send; since (said they) there could be no great mistake (erreur) about it, assuring me at the same time that the King, their master, would be glad of the summons and declaration of war being supplemented and reformed in any way His Imperial Majesty wishes.
Besides this, the above-named privy councillors have given me to understand that the King's affairs in Scotland are going on prosperously just now, and that the French ambassadors lately sent to that country have been badly received by the people; scarcely had the governor deigned to speak to them. All the fortresses and castles of Scotland are in the hands of the said governor, except one on the coast and its port, whereat the French landed; but that on the departure of the said ambassadors, the governor of the place had been warned that unless he surrendered his command within twenty-four hours he would be declared traitor.
In consequence of the royal secretary, in whose hands are all the papers and documents relating to the treaty, being out of town, the ratification and oath will be put off until next Thursday, and its solemn festival.
As I am writing this, Monsieurs de Winchester and Vrisley (fn. 16) come to announce to me in the King's name that he has just sent an express to the captain of Guisnes (Wallop), ordering him to keep his men in readiness, and that in any case, should the French attempt to invade on that side, he is to help with the forces under his command, though the heralds may not have executed their commission.—Antoncourt (Hampton-Court), 20th May 1543.
Signed: "Eustace Chapuys."
French. Holograph. pp. 3.
n. d.142. The Emperor's Instructions to Franchois de Phalaix, councillor [in Flanders], and his Chief King-at-Arms, of what he will have to do, conjointly with the English herald whom the king of England and France (fn. 17) may be pleased to send along with him.
P. Arch. Nat.
Olun. Simancas,
B. M. Add. 28,592.
f. 58.
Firstly: Mons. de Phalaix will go to Calais and there wait for the English herald, that they both may travel together to the court of France.
At Calais, and before departing on his mission, together with his colleague, the English herald, (fn. 18) Mons. de Phalaix will despatch a trumpeter to the next large town on the frontier of France, to ask for a safe conduct; and, when obtained, will proceed with his colleague, the English herald, to the town of France wherein king Francis may happen to hold his court at the time. On his arrival there, he will apply for an audience from him.
Once in the Royal presence, after making due reverence, though without any complimentary salutation whatever, Mons. de Phalaix will ask for permission to speak freely, and state, without hindrance, what his master, the Emperor, has charged him to say in his name. The permission being granted, and under the security which all princes are in the habit of giving to kings-at-arms, or heralds, Mons. de Phallaix will proceed to say:—
That, owing to the troubles and divisions now existing throughout Christendom, which have chiefly their origin in and emanate from the king of France, inasmuch as since the commencement of the present war—of which he (king Francis) was and is the principal author, having begun the same in direct contravention to the treaties existing between the Emperor and France, or without any previous formal challenge or defiance—the Turk, that cruel and inveterate enemy of Our holy religion, has been daily advancing into Europe in order to invade and crush Christendom. In consequence of which His Imperial Majesty, considering that the dignity to which God by His divine clemency has raised him has imposed upon him the obligation of putting a stop to that approaching calamity, he has therefore now, by the counsel and advice of his good brother, and perpetual friend and ally, the king of England and France [Henry], decided to send him (Mons. de Phallaix) to remonstrate with, admonish, and request king Francis to consider and bear in mind that the infidel Turk—that sworn enemy of all catholic princes—has never ceased for some years past to molest and harrass with all his power, and to invade Christian countries in the hope of gaining his wicked purpose by attacking the inhabitants thereof, and subjecting them to his rule; perhaps, too, making them swerve from their faith and religion to the immeasurable regret of all good Christians.
Owing to which, and other reasons equally potent, His Imperial Majesty requests and summons king Francis, since he bears the title of "Most Christian king of France," to refrain altogether and desist from any friendship and alliance with the said Turk; also to recall the ambassadors and agents he has, or may have at his court, and consider him henceforwards as his enemy. To pay to the king of the Romans (Ferdinand) and to other Christian princes, as well as to the States depending from the Empire, the damages and losses they may have sustained through the attacks of the Infidel, as well as interest on all the sums spent by them in defending themselves against Turkish invasions made and carried on entirely at his (king Francis') instigation and request. Also to make restitution to the said king of the Romans (Ferdinand) of the town of Maran, in Frioul, which he (king Francis) still retains in his possession.
To pay likewise to the king of England and France (Henry) all the pensions and arrears he owes him in virtue of the treaties existing between them, as the English king-at-arms himself will more fully expound and declare.
To abstain in future from waging war against His Imperial Majesty's kingdoms, countries, subjects and allies; to restore and indemnify him and them for all expenses incurred, as well as for all damages, with interest, which he (the Emperor) and his kingdoms, subjects and allies may have suffered since the commencement of this last war up to the present time.
To restore likewise all the countries, provinces and territories that he (king Francis) and his predecessors on the throne have taken and usurped from the Holy Empire, or from its vassals, to the great disregard and in contempt of the rights of the said Empire, such as those snatched from the duke of Savoy (Carlo), his own uncle, whom he has violently despoiled and robbed. All the places and territories taken in Piedmont, and elsewhere from the said Duke, king Francis is bound and is hereby summoned to return, besides indemnifying their owner for his expenses, damages and interest.
On the terms above specified, and with the consent of the king of England and France (Henry), His Imperial Majesty will be glad again to receive and admit king Francis as a friend, and make peace with him on reasonable conditions, and with proper securities on both sides.
An answer to the above is earnestly requested.
The above being complied with, Mons. de Phallaix will wait until the king-at-arms of the king of England has equally declared his charge according to the Instructions and in the form and manner prescribed to him in England.
Should the king of France desire to have the above in writing, Mons. de Phallaix will give him a copy of his Instructions; but should the King delay his answer on the plea of having them carefully examined and reported upon in his Council in order to make a suitable reply to them; then, in that case, Mons. de Phallaix will beg the King to let him have a written answer within the term of ten days at the utmost, that being the longest period of time that he can wait in France, according to orders.
Should king Francis ask, or cause Mons. de Phallaix to be asked, whether in case of the various points in his Instructions being granted, he has sufficient mandate from the Emperor to agree to the peace, the Imperial king-at-arms will answer without hesitation that should the proposed conditions be accepted as a whole at once, His Imperial Majesty will be glad during the next ten days after the delivery of his message, to appoint commissioners, who, conjointly with the deputation of the king of England and France (Henry), will be furnished with sufficient powers to arrange a peace under reasonable conditions convenient for all parties. But should king Francis refuse to give an answer; should he make excuses, as most likely he will, or should he delay it beyond the ten days prefixed, and order the Imperial king-at-arms to quit France; then, in any of the cases above specified, Mons. de Phallaix will tell the King that since he will not accede to so just a demand and requisition on the part of His Imperial Majesty, he, the Imperial king-at-arms, has charge to make the following declaration:—
The Emperor requests and summons king Francis to effect and accomplish the above, and besides that to restore to him and to his successors the duchy of Burgundy, the counties of Charolois, Auxerrois, Maconnais, viscounty of Auxonne and lordships of Noyers, Chastelchinon, Bar sur Saine (sic), and the resort of St. Leu, Amyens, Abbeville, Corbye, Peronne and St. Quentin, with their territories, bailiwicks and jurisdictions, besides a sum of money to indemnify the Emperor for the loss of taxes and dues during the occupation of those towns and countries by the French.
To restore also to the king of England and France (Henry) all and every one of the provinces and towns formerly belonging to him, and which king Francis still retains, as he will hear more in detail from the lips of the English king-at-arms. (fn. 19)
In a like manner to restore to His Imperial Majesty the town, castle, and bailiwick of Hesdin, as well as the town and castle of Athenay (fn. 20) , the towns of Ivoix and Danvilliers, with their respective territories, and in short all he has occupied in the duchy of Luxemburg and its vicinity belonging to the Empire.
Also the whole of the province called Dauphiné, and its adjacent territories, which Francis' predecessors took from the Emperor's ancestors, and he, the King, still occupies and retains. In addition to that, king Francis is summoned to fulfil in all its parts the convention of Madrid and subsequent treaty of Cambray, and pay, besides costs and interest, the sums of money which His Imperial Majesty or his subjects have been obliged to spend through his wilful contravention of the said convention and treaty.
To reimburse the archbishop of Valencia (fn. 21) (George of Austria) the 30,000 gold crowns, which, owing to his very unjust detention, he was obliged to pay in order to obtain his release from prison, and to pay him besides damages and interest for his long and unjust imprisonment and captivity.
Otherwise, and should the king of France refuse to make the above restitution, His Imperial Majesty, with the help of God, Who alone gives victory to those He pleases to favor, and with the assistance of the king of England and France (Henry), his good brother, and perpetual friend and ally, intends not only to prosecute against the said king of France this present war, so wilfully and unreasonably commenced by him, but to prosecute it most vigorously by land and sea, rejecting any and all proposals of peace and friendship he (the King) may eventually make, unless it be with the knowledge of the king of England and France (Henry).
This formal declaration, once made in the Emperor's name, Mons. de Phallaix will wait until the king-at-arms of the king of England has delivered and declared his charge according to his Instructions. Mons. de Phallaix, however, will listen attentively, so as to understand and retain in his memory whatever may be said to him on the matter, and be able to make his report in writing.
Should he, whilst at Calais, or on his road to the French court and back, hear any remarks touching this present war, or the differences between king Francis or the Emperor, he (Mons. de Phallaix) is to take no notice at all of them. Should he be pressed to state his own private opinion in the matter, he will excuse himself by saying that he has been sent to France for the sole purpose of delivering a message to king Francis, and nothing more. In short, he (Mons. de Phallaix) is carefully to avoid all occasions and means of arousing the jealousy of the English herald, and, above all, never to speak to Frenchmen except in the presence of his colleague.
Whilst drawing out the present Instructions, it has been deliberated in Council whether the Emperor's herald ought to speak in the name of both princes, or whether the king of England ought to make separate and individual declaration to the same effect. It was decided that the latter mode was a far more fit and convenient one of doing the thing—that each of the kings-at-arms or heralds should speak for himself, and express his master's wish and intentions. If so, should the king of England wish to address the Most Christian king of France in words indicating that he (king Henry) had lately assumed the title of "Sovereign Chief and Supreme Head of the Anglican Church," and so forth, all discussion on that point might be avoided, and be a further proof that both princes, and each of them, have the thing at heart. Otherwise people might imagine that all this was entirely the Emperor's doing, and that the king of England went for nothing in the affair, save sending one of his own heralds to be present at the requisition. In short, the opinion of the councilors is that the French will be too much disposed, as it is, to dispute the affair for us to afford them willingly any more grounds for contention.
French. Contemporary copy. pp. 5. (fn. 22)


1 "Me remectant avec tres humaine et gracieuse excuse à ces festes, [et] menvoyant dire par son humanite quil desiroit me veoir, et que il voulloit luy mesme avoir la charge de me louger (loger) à Hamptoncourt."
2 See above, p. 325.
3 See above, No. 132, p. 318.
4 "Et quil viendroit mieulx à propos de laisser lez ditez particularitez jusques à ce que le dit Sieur Roy se fast mis en quelques frais et notable despense pour faire ses preparatoires (sic), car à l'heure pour non perdre les dits fraiz se contenteroit de plustot prendre raison en payement."
5 See pp. 295, 312–3.
6 A note on the margin, probably in the handwriting of the president or secretary of the Queen's Council, has the following: "Toutesfois la charge est grande."
7 "Et n'estre Sa Majeste de I'Empereur obligee à la dite assistence en nul aultre cas, oultre la quelle assistence le dit seigneur Roy vouloit toutelement (sic) que luy fust promist en ung mesme temps lassistence deffensive contre les Escossois, et ce en recompense de la promesse que luy avoit este faicte par le traicte de Vinesor touchant ses pensions."
8 Archibald, earl of Angus.
9 At the end of the letter, which is almost entirely in cipher, is a note, not in the same hand as the one already alluded to, but most likely by some clerk, purporting that instead of 17th of April, which is really the date of Chapuys' original letter, 17th of May ought to be substituted, "car (says the note) I'Ambassadeur repond aux lettres de la roine de ier et vii. de May."
10 See No. 127, p. 307.
11 "Et à ce quil me semble le dict sieur roy pense premierement pour quelque complaint envoyer particulierement devers les dictz ducz pour les advertir quil conviendra quil se declaire."
12 A paragraph has here been omitted, in which Chapuys, after thanking the Emperor for the acknowledgment of his services on the occasion, begs for a proof of his approval in the way of some pension or gratuity in cash.
13 "Hier venant en ce lieu jencontray tout auprez de la maison le roy, qui me fist merveillement bon recuyl (recueil)."
14 "Et pour non perdre temps je luy entray au plus substancial (sic) à sçavoir de la roupture de la tresve du duc de Clèves, le quel a ce le dit sieur roy abhominast le plus fort du monde, disant que le dit duc sa vouloit entierement affolle[r], ayant par ce, oultre aultrez inconveniens, perdu tout honneur et credit."
15 Elsewhere Cheney (Sir Thomas Cheyne).
16 That is, Stephen Gardiner and Thomas Wriothesley.
17 It is remarkable that in an almost similar paper preserved in Paris, Henry is always designated as King of France and England, whereas in this one, which appears to be an amended draft of the same document, he is entitled king of England and France.
18 The English herald was Jarretière, whose name was Sir Christopher Barker, alias Garter.
19 By way of a note to this paragraph, I find the following:—"This article is couched in general terms, and without any specification whatsoever, because the king of England, in his great wisdom, cannot fail to give to his own king-at-arms a far more detailed account and fuller instructions than We Ourselves could furnish him from Spain."
20 Thus written, but there can be no doubt that Astenay or Stenay in Lorraine is meant. See Vol. VI., Part I., p. 436, where the cession by the duke Antoine to Francis is mentioned.
21 About this archbishop, whose name was George of Austria, and his imprisonment in France, see Vol. VI., Part I., pp. 280, 361, 369–70. He was the natural son of emperor Maximilian, and, therefore, the uncle of Charles. Having succeeded Erard de la Mark in the archbishopric of Valencia in Spain, he was in 1541 promoted to the co-adjutorship of Liège in Flanders.
22 As observed in Vol. VI., Part I., p. 577 of this Calendar, the document here translated is at Paris, in the Archives Nationaux. It has no date, and was erroneously included by Bergenroth among papers of the year 1539. See Catalogue of Spanish MSS. in the Library of the British Museum, Vol. II., pp. 628–30, No. 28,591. That these instructions to Mons. de Phallaix could not have been given previously to the year 1543, shortly after the ratification of the treaty of closer alliance, is a point which has been elucidated in Vol. VI., Part I., p. 57, as well as in the Introduction to this Part II. The paper itself has no date, and must have been prepared towards the middle of May, for on the 20th Chapuys wrote to the Queen Regent that both Jarretière and Toison d'Or had already started on their commission. I need scarcely observe that Phallaix or Fallaix and Toison d'Or are the same person. He was the herald of the Order of the Golden Fleece, such as Jarretière (Garter king-at-arms) was of the Garter.